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Agenda Reg 02-18-03City of Delray Beach Regular Commission Meeting Tuesday~ Februa~ 18, 2003 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the fight 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. 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. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furmsh auxiliary aids and services to afford an individual with a disabtl/ty an opportunity to parfidpate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings m the Commission Chambers. 2. 3. 4. 5. o ROLl. C.ATJ.. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: February 4, 2003 - Reguhr Meeting February 11, 2003 - Special Meeting PROCLAMATIONS: Calling for the First Nonpartisan Election to be held on March 11, 2003 PRESENTATIONS: ho B. C. D. Kathleen Daley - Legislative Update Lake Ida Homeowners' Association -Joanne Peart Carver Estates Kids of Character Essay Contest - Officer Jeff Messer 12~h Annual Holiday Toy Drive Presentation - Perry Don Francisco, Officer Jeff Messer, and Jennifer Buce Community Olympic Development Program - Para Gerig, Palm Beach County Sports Commission CONSENT AGENDA: City Manager Recommends Approval. ho APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION: Approval of the poll workers for the First Nonpartisan Election to be held on March 11, 2003. B° FINAL SUBDMSION PLAT APPROVAL/SEABREEZE ISLES: Approve the subdivision plat for Seabreeze Isles, located on the west side of Seabreeze Avenue and south of Lowry Street. C° RESOLUTION NO. 7-03: Approve a resolution amending Resolution No. 40-02 for the acceptance of a supplemental grant from the Palm Beach County Emergency Medical Services Grant Award program to be used for the purchase of six (6) Automated External Defibrillators. Do RESOLUTION NO. 11-03: Approve Resolution No. 11-03 supporting the Annual Beach Management Trust Fund. -2- 02-18-2003 K0 M0 REQUEST FOR SIDEWALK DEFERRAL/ANDREWS AVENUE: Approve a request to defer the installation of a sidewalk in front of 506 Andrews Avenue. Staff recommends approval. NPDES SECOND TERM PERMIT INTERLOCAL AGREEMENT: Approve the National Pollutant Discharge Elimination System (NPDES) Second Term Permit Interlocal agreement between the City and the Northern Palm Beach County Improvement District (NPBCID). SERVICE AUTHORIZATION NO. 6/LAWSON, NOBLE & WEBB, INLY,: Approve Service Authorization No. 6 to Lawson, Noble & Webb, Inc. in the amount of $55,862.71 for the design of N.E. 4~ Avenue from East Atlantic Avenue to N.E. 2"d Street. Funding is available from the Community Redevelopment Agency. FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/ WASHINGTON MUTUAL: Authorize the City to act as the general use permit applicant for the addition of a water main connection within the state right-of-way (located on the southwest comer of southbound Federal Highway and S.E. 10'~ Street) and approve a Hold Harmless Agreement with the developer (Echion USA, Inc.). LANDSCAPE MAINTENANCE AGREEMENT/AVDA: Approve a landscape maintenance agreement between the City of Delray Beach and Aid to Victims of Domestic Assault (AVDA) for the installation of landscaping within the right-of-way. TURTLE MONITORING SERVICES/JOHN FLETEMEYER: Approve sea turtle monitoring servtces for FY 2003 with John Fletemeyer in an amount not to exceed $27,304.20. Funding is available from 332-4164-572-34.90 (Beach Restoration Fund). BEACH PERFORMANCE MONITORING STUDY: Approve a contract between the City of Dekay Beach and Coastal Planning & Engineering, Inc. in an amount not to exceed $43,828.75 for the 12-month Post-Construction Beach and Offshore Performance Monitoring Study. SPECIAL EVENT REOUEST/CINCO DE MAYO FIESTA: Approve a special event request to allow the Cinco De Mayo Fiesta to be held Saturday, May 3, 2003, from 12:00 p.m. until 10:00 p.m. at Old School Square, granting a temporary use permit per LDR Section 2.4.6(I-1) for the closure of NE 1st Avenue on the north side of the grounds of Old School Square to the loading gate area, and staff support for traffic control and security, EMS assistance, trash removal, barricade set up, signage, and waiver of City overtime costs; contingent upon sponsor providing a hold harmless agreement, a certificate of liability insurance, and liquor liability insurance with conditions for serving alcoholic beverages and site fencing. REVIEW OF APPEAl.ABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 3, 2003 through February 14, 2003. 02-18-2003 N. AWARD OF BIDS AND CONTRACTS: Contract award to Dominica Recreation Products in the amount of $158,038.75 for the purchase of Platinum Pro Line Equipment for the skate park. Funding is available from 117-6111-519-63.40. Contract award to RPM General Contractors, Inc. in the amount of $83,910.00 for interior improvements to the Pompey Park Community Center. Funding is available from 334-4172-572-46.10. Contract award to Conquest Engineering, Inc. in the amount of $1,250,460.00 for the SW Area II Infrastructure Improvements. Funding is available from 442-5178-536-65.58 and 448-5470-538-65.58 (SW Area II). Purchase award to Red Wing Shoe Store for the purchase of 135 pairs of safety boots for the Fire-Rescue Department. Funding is available from 115-0000-248- 64.00 (Paramedic Gift Account) and 001-2315-526-52.22 (Uniforms-Operations Division). Various bid awards in the amount of $289,655.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). Various bid awards in the amount of $275,302.00 via the Florida Sheriffs' Association Contract for Take Home vehicles for the Police Department. Funding is available from proceeds received from the advance refunding of the Guaranteed Investment Contracts. REGULAR AGENDA: RESOLUTION NO, 8-03; Consider approval of Resolution No. 8-03 for tax abatement for improvements to the historic Crocker residence, located at 105 N.E. 7m Street. B0 RESOLUTION NO. 9-03: Consider approval of Resolution No. 9-03 for tax abatement for improvements to the historic Patrick Lynch property, located at 226 South Ocean Boulevard. DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC.: Consider a grant/loan request from Delray Beach Public Library Association, Inc. regarding the relocation of the library. MILTON-MYERS AMERICAN LEGION POST: Consider approval of a matching grant request in the amount of $50,000.00 for the stabilization and rehabilitation of the Milton-Myers American Legion Post No. 65, located at 263 N.E. 5~ Avenue. -4- 02-18°2003 10. 11. 12. AMENDMENT TO SPECIAL EVENT/CHILDREN'S HOPE SOCIETY SK WALK/RUN: Consider a request to amend the approval given on September 3, 2002 for the Children's Hope Society 5K Walk/Run Event to allow the closing of Ocean Boulevard from Casurina to George Bush Boulevard from 7:30 a.m. to 9:30 a.m. on April 13, 2003. BID AWARD/BELL SOUTH COMMUNICATIONS SYSTEMS: Consider approval of a bid award to Bell South Communications Systems in the amount of $148,766.01 via the Broward County Contract RLI #060597-RB for the purchase of the Nortel Option 1 lC PBX Phone System, conversion of the City's line service to Centrex, election of Private Relay Interface Service for City Hall/Community Center, and changing the long distance service provider to Bell South Long Distance Service. Funding is available from savings as a result of these changes. RESOLUTION NO. 6-03: Consider approval of Resolution No. 6-03 authorizing the City to purchase property for drainage retention located on N.W. 15th Avenue; and Contract for Sale and Purchase between the City and the Delray Beach Community Development Corporation in the amount of $76,000.00. PARKING LEASE AGREEMENT: Consider approval of a parking lease agreement between the Block 77 Development Group and Sun Adantic Properties, L.L.C. for 100 full-time and part-time parking spaces on Block 69. QUIET TITLE/COUNTY PARCELS: Consider authorization to Quiet Tide two (2) of the six (6) parcels acquired from Palm Beach County. PUBLIC HEARINGS: ORDINANCE NO. 3-03: An ordinance amending Chapter 101, "Parks, Beaches, and Recreation", of the City Code of Ordinances by amending Section 101.24, "Traffic Regulations", to prohibit the use, operation, and propelling of parasails, parachutes, and hang gliders on the City's municipal beach. ORDINANCE NO. 4-03: An ordinance amending Chapter 91, "Animals", of the City Code of Ordinances by amending Sections 91.20, "Running At Large" and 91.28, "Impoundment;Disposition", to amend the definition of "At Large" and provide consistency for grounds of impoundment. 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. FIRST READINGS: A. NONE 02-18-2003 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: FEBRUARY t4, 2003 -6- 02-18-2003 FEBRUARY 4~ 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, February 4, 2003. 1..:. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David W. Schmidt Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2. The opening prayer Delray Beach Police Department and was delivered by Dr. Howard Meridy, Chaplain for the Delray Beach Fire Department. The Pledge of Allegiance to the flag of the United States of America was given. e AGENDA APPROVAL. Mr. Perlman requested that Item 8.D. Change Order No. 2fFinal Payment/Mellan South~ Inc. be moved from the Consent Agenda and moved to the Regular Agenda as Item 9.AA. Mrs. Archer requested that Item 8.C. Acceptance of Right-of-Way Deed/Dynalife Offices be removed from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A. Mr. Levinson moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mayor Schmidt noted that although he was absent from this meeting the opening and closing reflect his name and should be replaced with Vice Mayor Perlman. The City Clerk so noted the correction. Mrs. Archer moved to approve the Minutes of the Regular Meeting of January 21, 2003, as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: 6.A. Recognizing and commending Steve Zickl - Ocean Rescue Division - Parks and Recreation Department Employee of the Year for 2002, and Johnny Haynes - Parks Maintenance Division and Alberta Gaum-Rickard - Administration/Recreation Division as Parks and Recreation Top Employees of the Year 2002 Mayor Schmidt read and presented a proclamation recognizing and commending Steve Zickl, Johnny Haynes, and Alberta Gaum-Rickard, Parks and Recreation Employee of the Year for 2002 for his dedication and service to the community of Delray Beach and the Parks and Recreation Department. Joe Weldon, Director of Parks and Recreation, introduced and recognized Steve Zickl, Johnny Haynes, and Alberta Gaum-Rickard for a job well done. 6.B. Recognizing and commending the Delra¥ Beach Youth Vocational Charter School Students Mayor Schmidt read and presented a proclamation to the following students of the Delray Beach Vocational Charter School Jeanude Raymonvii, Leiandra Farrell, Yomel Williams, Mel Brumaire, Dyana Daceus, Wiglud Clerisier, Maxu Daceus, Gregory Leaks, Maurice Mervilus, Yves Paul, Larry Pierre-Val, and Joseph Raymonvil who were encouraged by their instructors to "Do something good for the holidays". Jeanude Raymonvil decided to do something special for Marguene St. Juste who was attacked by two Rottweiler mix dogs. The students all came together and are to be commended for their persistence, spirit, and effort. PRESENTATIONS: 7.Ao School Readiness Coalition~ Inc. - Commissioner William Moss. William Moss, Chairman of the Palm Beach County School Readiness Coalition, Inc., stated there are thirty-eight municipalities in Palm Beach County and only two municipalities stepped up to take care of the children of the working poor within their community. Mr. Moss stated the School Readiness Coalition was formed by the State Legislature in 1999 and part of the act requires local governments and local offices to pay six percent of the cost of the care for the early childhood education for the subsidized portion for the children of the working poor within their community. Mr. Moss stated that Delray Beach is paying the entire six percent and he feels this is remarkably commendable. Mr. Moss presented the City Commission with a plaque which states "Thank You for Stepping Up For the Young Children of Delray Beach". -2- 02/04/03 7.B. Community Neighborhood Helpin~. Inc. - Edith Thompson Edith Thompson, Founder of Community Neighborhood Helping, Inc. stated Community Helping, Inc. and its Board would like to thank the Commission for all their assistance. Ms. Thompson stated Community Neighborhood Helping would like to continue to create environments for helping those less fortunate. Ms. Thompson stated the organization is requesting the financial support of the City in the amount of $150,000 to rehab a center for community neighborhood helping. The property will be used as an After School Care and Adult Activities Center for residents of S.W. 12th and 13th Avenues. Mayor Schmidt asked what the total cost of the project to rehabilitate this building. Ms. Thompson stated the estimated cost is $225,000. Mayor Schmidt asked what other sources of funding they have at this time. Ms. Thompson stated $20,000 has been promised to them as a donation. Ms. Thompson stated they have applied for grants but they are pending. Ms. Thompson continued to state one grant is for $20,000, one grant is for $30,000 and they also plan to have fundraisers. Ms. McCarthy asked Ms. Thompson if she is aware of the fact that there are Federal monies available and that they are looking for ways to spend these dollars. Ms. Thompson stated she has not applied for any Federal funding and has only applied for County dollars and through Foundations. Mayor Schmidt suggested that Ms. McCarthy get with Ms. Thompson and point her in the right direction. Mr. Levinson stated there has been discussion about a senior center in the southwest and it looks as though the Catherine Strong Center is not going to be vacated as quickly as they originally had thought. If we can work out some methodology by with we potentially have Langton work with Ms. Thompson for some grant requests and look at some of the monies that Lula Butler might have available through some grants. Mr. Perlman stated Lisa King from Langton and Associates will be in town a week from today and concurs with comments expressed by Mr. Levinson. Mr. Perlman asked what the size of the structure is. In response, Ms. Thompson stated the structure is 2,200 square feet or larger. Mr. Perlman stated according to Ms. Butler's memo a large part of the costs will be the conditions imposed through the site plan process. Ms. Thompson stated the costs will be for parking, landscaping, etc. Mayor Schmidt stated the City will certainly give Ms. Thompson all the help they can with technical assistance (i.e. grant application assistance) and also take a look at it as the mid-year budget is reviewed and see what we may be able to do this year to assist her. Mayor Schmidt stated it sounds like a great project. 7oCo Kokomo Key Homeowners' Association - Bonnie Kuliian. Bonnie Kuljian, Kokomo Keys Homeowners' Association, stated everything on North Federal Highway is fine and things are going great. Ms. Kuljian stated there are a Iot of new buildings, property values are expanding, and the Kokomo Key homeowners' appreciate all -3- 02/04/03 the hard work the City has done. However, Ms. Kuljian expressed concern over a motel that they wanted to tum into a sober house which has now changed its variance to a rooming house. Ms. Kuljian stated there was a situation with one of the businesses on North Federal Highway and noted that with the help of Commissioner Levinson, the Police and Code Enforcement. Ms. Kuljian thanked Tom Meteer, Code Enforcement Supervisor, for all his input and help. On a personal note, Ms. Kuljian stated she brought her granddaughter this evening so she could see government in action and see people that have honor, integrity, and dignity and who have a purpose for community. Ms. Kuljian thanked the Commission and stated the City of Delray Beach is a great city for children. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RATIFICATION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Approve and ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their Quarter Annual Meeting of January 16, 2003. 8.B. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FUNDING/RECLAIMED WATER SYSTEM EXPANSION: Authorize funding in the amount of $44,000.00 to South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) for funding of a consulting contract with Hazen Sawyer for design and construction services for the first phase of the Reclaimed Water System Expansion project. Ftmding is available from 441-5181-536-63.95 (Water/Sewer). 8,Co MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. FINAL PAYMENT/RPM GENERAL CONTRACTORS~ INC.: Approve final payment in the amount of $5,394.33 to RPM General Contractors, Inc. for the completion of the ESD/Police Department Interior Modifications Project. Funding is available from 441- 5123-536-34.90 (Water/Sewer Fund/Other Contractual Services). INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY SCHOOL BOARD AND CITY OF DELRAY BEACH: Approve an Interlocal Agreement between the Palm Beach County School Board and the City of Delray Beach for the use and maintenance of recreation fields adjacent to N.E. 3rd Avenue behind Plumosa Elementary School. g.G, CONSENT TO ASSIGNMENT/JAMES CRYSTAL DELRAY BEACH~ INC.: Approve Consent to Assignment with James Crystal Delray Beach, Inc. which will acquire Quality Broadcasting Corporation lease for telecommunications/radio transmitting tower purposes for the City of Delray Beach. -4- 02/04/03 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 21, 2003 through January 31, 2003. g.I. AWARD OF BIDS AND CONTRACTS: e Contract award to National Waterworks (US Filter Distribution) in the amount of $28,053.46 for materials for the NW l0th Avenue Water Main Improvements Project. Funding is available from 442-5178-536-63.50 (Water/Sewer Renewal & Replacement/Water Mains). Bid award to Sports Turf One, Inc. in the amount of $21,731.00 for the landscape maintenance of two (2) baseball fields at Pompey Park. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). Contract award to RPM General Contractors, Inc. in the amount of $163,561.20 for the Community Teen Center Skate Park Project. Funding is available from 117-6111-572-63.40 (Recreational Improvements). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes. REGULAR AGENDA: 9.A.A. CHANGE ORDER NO. 2/FINAL PAYMENT/MEGAN SOUTH, INC: Approve Change Order No. 2 in the amount of $64,000.00, and final payment in the amount of $152,309.10 to Megan South, Inc. for the West Atlantic Avenue Beautification Project. Funding is available from 334-3162-541-65.49 (General Construction Fund/West Atlantic Avenue Beautification). Mr. Perlman inquired about the addition of $64,000. In response, Mr. Hasko stated this represents a negotiated settlement with the contractor and includes additional maintenance of traffic, barricading, and remobilization. Mr. Hasko stated there was a delay were the contractor actually demobilized off the project although there was some maintenance of traffic in place through the period while we were waiting for FPL to come in and remove the power poles. Furthermore, Mr. Hasko stated there was also some delay with regard to the traffic signal. Mr. Perlman moved to approve Change Order No. 2 in the amount of $64,000, and final payment in the amount of $152,309.10, to Megan South, Inc., seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A. ACCEPTANCE OF RIGHT-OF-WAY DEED/DYNALIFE OFFICES: Approve and accept a right-of-way deed associated with Dynalife Offices, located on the east -5- 02/04/03 side of N.E. 1st Avenue between N.E. 1st Street and N.E. 2nd Street, within the Old School Square Historic Arts District (OSSHAD). Mrs. Archer inquired about the location of the sidewalk. In response, Paul Dorling, Director of Planning and Zoning, stated the sidewalk exists and is outside the current right-of-way. Therefore, Mr. Dorling stated with this dedication it will put the sidewalk in the right-of-way. Mrs. Archer moved to approve the right-of-way deed associated with Dynalife Offices, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.A. DHARMA HOLDINGS~ LTD.: Consider a request from Dharma Holdings, Ltd. to utilize their temporary parking lot located on Block 86 for special event parking for City approved and private sector events. Quasi-Judicial Hearing The City Attorney suggested that this item be conducted as a quasi-judicial hearing and asked the City Clerk to swear in all the witnesses and Mr. Dorling. The City Clerk swore in those individuals who wished to give testimony regarding the waiver request. Paul Dorling, Director of Planning and Zoning, stated in October 1998, pursuant to LDR Section 2.4.6(H)(3)(d), Dharma Holding LTD. was issued a temporary parking lot permit on their property located on the south side of S.E. 1st Street between S.E. 3rd Avenue and the FEC Railroad. LDR Section 2.4.6(H)(3)(d)5 allows the renewal of the temporary permit for a maximum of three years. Extensions were approved and the three year maximum expired on October 2, 2001. At its meeting of December 4, 2001, the apphcant's request failed to receive approval with a 2-3 vote (Commissioners Levinson, McCarthy and Perlman dissenting). LDR Section 2.4.6(H)(3)(d)7 requires restoration of the lot to is original state within thirty days of the expiration of the permit. The applicant is requesting a waiver to LDR Section 2.4.6(H)(3)(d)7 requiring the property be restored so the lot may be utilized for parking during special events. The utilization of the lot in its current condition for special events provides a safer more stable surface than sod which is the basis for support of this waiver. This request is being brought before you for reevaluation based on recent concerns expressed through the Government Affairs Committee and local business owners that the elimination of this lot for special event parking would be dethmental to both local businesses and the organizations holding these events in the City. At its meeting of January 27, 2003, the Parking Management Advisory Board unanimously recommended approval of the applicant's request. -6- 02/04/03 Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mr. Perlman stated he was at the Government Affairs Committee Meeting when this was discussed. In addition, Mr. Peflman stated he believes this was discussed at the Chamber Board Meeting when he was present. Mrs. Archer stated she was also at the Government Affairs Committee Meeting and the Parking Management Advisory Board Meeting where it was discussed. No ex parte contacts were disclosed by Mayor Schmidt, Ms. McCarthy, and Mr. Levinson. Mayor Schmidt declared the public hearing open. Lhisa Almashy, representing Dharma Holdings, Ltd. (resides at 510 Lavers Circle, Apt. #162, Delray Beach), stated during several meetings they have discussed with the Joint Venture and the Chamber of Commerce the use of the parking lot for special events. Ms. Almashy stated although there have been no commitments for the future it has been well received given ideas for events (i.e. First Night and other health fairs that are parmering in collaboration with the Milagro Center). The City Clerk swore in the following individual: Virginia Snyder, 38 S. Swinton Avenue, Delray Beach, urged the Commission to allow Dharma Holdings, Ltd. to keep the parking lot and commented that parking is desperately needed in the City. There being no one else who wished to address the Commission, the public hearing was closed. Mr. Levinson inquired if this is the first time that anyone has gone past the three years. In response, Mr. Dorling stated that Mr. Levinson is correct. Since the time that we discussed this until now has anyone else gone beyond the three years? In response, Mr. Dorling stated that no one else has gone beyond the three years. The City Manager stated there is a distinction that if it is approved as a temporary lot then it can be used every day and in this case they are only asking for special events. Mrs. Archer commented that the reason this item is before the Commission is to make some potential use out of the parking lot instead of letting it go because Dharma refuses to upgrade it. In response, Mr. Dorling stated the option at the end of the three years is to either restore it to its original condition or to bring it up to standards for a full parking lot which Dharma has declined to do. Ms. McCarthy asked Mr. Dorling what needs to be done to this lot in order for it to be a permanent lot. In response, Mr. Dorling stated one half of the lot is not paved and the north half has shell rock on it and there would be a pavement surface that would have to be provided, there would have to be landscape islands and trees put in internal for the parking lot. Mr. Dorling continued to state that the portion that is not paved would have to have the shell rock paving and landscaping put in. Ms. McCarthy asked if people have been safely parking on this lot to this date. Mr. Dorling stated this lot has been utilized as a parking lot since approved -7- 02/04/03 in October 1998. Mr. Perlman moved to approve the waiver request from Dharma Holdings, Ltd. allowing their former temporary parking lot located on Block 86 to remain in its current condition and the site be utilized for parking for special events as defined above not exceeding five days in duration and that they are open to the general public, seconded by Mrs. Archer. Prior to the vote, John Romano, Independent General Counsel for Dharma, N. Patrick Circle, West Palm Beach, stated perhaps this will be discussed in the near future with the City to make this into some type of facility that would make sense for everyone (i.e. a parking facility/permanent structure). Mr. Romano stated this would certainly be longer than six months but hopes it would not go beyond two years. After brief discussion with regard placing a time frame the Commission made an amendment to the motion to read as follows: Mr. Levinson suggested that the motion be amended to include that it not exceed two years. Mr. Perlman moved to approve the waiver request from Dharma Holdings, Ltd. allowing their former temporary parking lot located on Block 86 to remain in its current condition and the site be utilized for parking lot for special events as defined above not exceeding five days in duration and that they are open to the general public; and, that it not exceed two years, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.B. EMINENT DOMAIN/BLOCK 77: Consider authorizing the making of an offer in eminent domain proceedings in the amount of $80,000.00 and a "quick take" of property in regards to the North 16' of Lots 7 and 13 of Block 77. The City Attomey stated as required by Florida Statutes, this item is for the Commission to authorize the making of an offer in eminent domain proceedings in the amount of $80,000 to the appropriate parties jointly. Mr. Levinson moved to approve the making of an offer in eminent domain proceedings in the amount of $80,000, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.C. SOUTH FLORIDA BLACK PAGES: Consider approval of a request to purchase an ad from South Florida Black Pages promoting black owned businesses in Palm Beach County. -8- 02/04/03 The City Manager stated this is a request ~om South Florida Black Pages to place an ad in their 2003 edition. The City Manager continued to state this not a budgeted item and noted that there is enough money in the special event contingency account for the cost of a ½ page ad but in order to do this it would require approval of the City Commission. Mayor Schmidt asked how many copies were circulated last year. Andrew Luchey, Publisher of South Florida Black Pages, stated approximately 20,000 were circulated in 2002 and approximately 25,000 copies will be circulated in 2003. Mrs. Archer expressed concern that while she wants very much to support this she feels it might be prudent for the City to suggest a 1/3 page ad at this time due to budget restraints and then perhaps next year the ad be a little larger. Prior to the vote, Mr. Levinson asked when the book closes. In response, Mr. Luchey stated the book actually closes on February 20, 2003. Mr. Levinson asked if the TED Center will be advertising in the South Florida Black Pages. The Commission was informed that they indeed were taking out a 1/3 page ad for 2003. Mr. Levinson suggested that extra books be provided to keep at City Hall to give out and also send the books to some of the contractors and vendors that the City has that may use the book for subcontractors. Mrs. Archer moved to approve the purchase of a 1/3 page ad in the amount of $425, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:50 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 3-03: An ordinance amending Chapter 101, "Parks, Beaches, and Recreation", of the City Code of Ordinances by amending Section 101.24, "Traffic Regulations", to prohibit the use, operation, and propelling of parasails, parachutes, and hang gliders on the City's municipal beach. If passed, a public hearing will be scheduled for February 18, 2003. The caption of Ordinance No. 3-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 101, "PARKS, BEACHES AND RECREATION", BY AMENDING SECTION 101.24, "TRAFFIC REGULATIONS", IN ORDER TO PROVIDE FOR THE SAFETY OF CITIZENS AND TOURISTS -9- 02/04/03 ENJOYING THE CITY OF DELRAY BEACH' S MUNICIPAL BEACH BY PROHIBITING THE USE, OPERATION, AND PROPELLING OF PARASAILS, PARACHUTES AND HANG GLIDERS ON THE MUNICIPAL BEACH SITE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 3-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Prior to the vote, Mrs. Archer stated she understands the TED Center has recently assisted a new business in starting that dealt with parasailing and they are operating in Boca. Mr. Levinson suggested that Ivan Ladizinsky, Public Information Officer distribute information about this ordinance and other ordinances which are forthcoming in order to get correct information out to the public. Mr. Levinson continued to state that this ordinance is actually to prohibit the use, operation, and propelling ofparasails, parachutes and hang gliders on the municipal beach site not to approve it. The City Manager concurred with Mr. Levinson. Mr. Levinson moved to approve Ordinance No. 3-03 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 4-03: An ordinance amending Chapter 91, "Animals", of the City Code of Ordinances by amending Sections 91.20, "Running At Large" and 91.28, "Impoundment; Disposition", to amend the definition of "At Large" and provide consistency for grounds of impoundment. If passed, a public hearing will be scheduled for February 18, 2003. The caption of Ordinance No. 4-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE IX, "GENERAL REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.20, "RUNNING AT LARGE", PROVIDING FOR THE AMENDMENT OF THE DEFINITION OF AT LARGE; BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.28, "IMPOUNDMENT; DISPOSITION", PROVIDING FOR CONSISTENCY WITH THE AMENDED DEFINITION OF RUNNING AT LARGE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -10- 02/04/03 (The official copy of Ordinance No. 4-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mayor Schmidt stated this is a continuing issue and he received some comments from the Seacrest Homeowners' Association about some dogs they have had problems with in that neighborhood also. Mayor Schmidt continued to state he asked the City Attorney'office to research this and see how the City might be able to tighten up the ordinance. Mayor Schmidt stated the ordinance requires that a dog be on a leash eliminating the voice control. Mayor Schmidt noted a typographical error to Section 91.28 - Impoundment; Disposition and stated the word "upon" should also have a strikethrough because it belongs with the other language that has been deleted. Therefore, Mayor Schmidt stated this section should read "Any dog found running at large .... " Mr. Levinson stated he hopes people understand that this is a significant change for the better and commented this is also an issue where the word needs to get out that people have had enough with voice control and that it is time to go to a leash, cord or secure fence. Mrs. Archer stated she concurs with comments expressed by Mr. Levinson and stated in her neighborhood she has had problems with dogs under voice control attacking her dogs that are on a leash. Mr. Levinson moved to approve Ordinance No. 4-03 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager. ll.A. City, Manager's response to prior public comments and inquiries. With regard to a comment at the last meeting about the City not having restrictions on tree trimming for trees on the properties of single family homes built prior to 1990, the City Manager stated staff is in the process of rewriting the landscape code and this can be revised to include all single family properties if the City Commission wishes to do so. The City Manager stated the City has some limitations on the manpower to enforce the regulations but staff will look at this. In addition, the City Manager stated the permits are not required for tree trimming so if a tree is trimmed incorrectly then sometimes the City is in the position of what to do at that point. The City Manager continued to state that the City had cited some small trees recently hat racked on N.E. 4th Street between the railroad and Federal Highway and noted that this is not single family property. However, the City Manager stated the City will require the property owners to remove and replant those trees and noted that these trees are directly under the power line. The City Manager stated in some cases the City is not sure what to do and therefore noted that this will be addressed in the revision and suggestions will be forthcoming. -11- O2/O4/O3 Mrs. Archer stated she has noticed that some people take a saw and hack on their own tree(s). Mrs. Archer stated she does not think people understand that this weakens a tree so that when a hurricane comes along the tree is endanger of falling over. Mrs. Archer suggested that there be some kind of program explaining what needs to be done appropriately for the homeowner. At this point, the time being 7:00 p.m. the Commission moved to Item 10, Public Hearings. 10._: PUBLIC HEARINGS: 10.A. ORDINANCE NO. 1-03: An ordinance amending Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances by amending Section 35.056 "Designation of Personnel as Critical to Security" to provide for fingerprinting and background checks for private contractors, vendors, repair, and delivery personnel with access to publicly operated facilities within municipalities designated as critical to security. 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. 1-03 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 DELRAY BEACH, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", BY AMENDING SECTION 35.056, "DESIGNATION OF PERSONNEL AS CRITICAL TO SECURITY", TO PROVIDE FOR FINGERPRINTING AND BACKGROUND CHECKS FOR PRIVATE CONTRACTORS, VENDORS, AND REPAIR AND DELIVERY PERSONNEL WHO HAVE ACCESS TO ANY PUBLICLY OPERATED FACILITIES, WHICH ARE DESIGNATED AS CRITICAL TO SECURITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 1-03 is on file in the City Clerk's office.) At this point, Ms. McCarthy left the dais. 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. -12- 02/04/03 Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 1-03, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 1-03 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, Ms. McCarthy returned to the dais. 10.B. ORDINANCE NO. 2-03: An ordinance amending Chapter 34, "Elections", of the City Code of Ordinances by amending Section 34.03, "Notice of Elections", to provide for publishing of notices in accordance with the law. 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. 2-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", HEADING, "GENERAL CONDITIONS", OF THE CODE OF ORDINANCES, BY AMENDING 34.03, "NOTICE OF ELECTIONS", TO PROVIDE FOR PUBLISHING OF NOTICES IN ACCORDANCE WITH LAW, FOR ADDITIONAL NOTICES AND FOR POSTING OF CERTAIN NOTICES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 2-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 2-03, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 2-03 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 47-02 {FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2003-01): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2003-01 and associated Future Land Use Map (FLUM) amendment, and authorize transmittal to the State Department of Community -13- 02/04/03 Affairs. Prior to consideration of passage of this ordinance on First Reading, a public heating has been scheduled to be held at this time. Amendment 2003-01 includes: 10.C.1. Privately initiated Future Land Use Map amendment from LD (Low Density Residential, 0-5 du/ac) to CC (Commercial Core) for a 0.025 acre parcel of land located on the north side of S.E. 4th Street, approximately 127 feet east of S.E. 6th Avenue (northbound Federal Highway) associated with the Meridian Mixed-Use Development. The caption of Ordinance No. 47-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2003-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2003-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-02 is on file in the City Clerk's office.) · Modification of the definitions' section of the Public Schools Facilities Element, by adding numerous new definitions. · Modification of Policy B-2.1 of the Future Land Use Element, regarding Concurrency, to add specific language with respect to Public School Concurrency Review. · Modification of Policy A-2.4 of the Future Land Use Element, regarding the location of the automobile dealerships, to decrease the area which dealerships should be directed to, as a result of a rezoning which expanded the CBD (Central Business District). Modification of the Inventory and Analysis section of the Coastal Management Element to reflect the recent completion of the Beach Renourishment Project. Modification of the Introduction and Summary of Major Features (Planning Area subsection), Objective B-3 and Policies B-3.1 and B-3.2 of the Future Land Use Element, all regarding the provision of services to land within the planning area. The City Attomey read the caption of the ordinance. -14- 02/04/03 Dan Marfino, Principal Planner, stated Comprehensive Plan Amendment 0-1, previously known as Comprehensive Plan Amendment 02-2, was transmitted to the Florida Department of Community Affairs (DCA) for review following an adoption public hearing held by the City Commission on December 3, 2002. DCA staff reviewed the amendment and declined to process it, as the City had already adopted two (2) comprehensive plan amendments during the 2002 calendar year. It had been previously understood that the twice yearly limit applied to an amendment's effective date (45 days after adoption), versus the adoption date. In order to comply with State Statutes, it is now necessary to readopt the same amendment and associated ordinance, in the current calendar year. Mr. Marfino stated no items in this amendment have been added, deleted, or modified and Amendment 03-1 includes on privately initiated Future Land Use Map amendment and five City-initiated text changes. At its meeting of September 23, 2002, the Planning and Zoning Board considered Amendment 03-1 (as 02-2) at a public hearing and recommended approval of the transmittal of the amendment to the Florida Department of Community Affairs. As DCA declined to issue an ORC report regarding this Amendment, it was not necessary for the amendment to be brought before the Planning and Zoning Board again, and consequently it is proceeding directly to the City Commission for adoption. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to give testimony regarding Comprehensive Plan Amendment 2003-01, the public hearing was closed. Mr. Perlman moved to adopt Ordinance No. 47-02 on FIRST Reading/Transmittal Hearing for Comprehensive Plan Amendment 2003-01, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. ll.B. From the Public. ll.B.1. Maureen Turner, 1010 Del Harbour Drive, Delray Beach, expressed concern over the Linton Boulevard Bridge and stated people who live north and south of the bridge are being kept up all hours of the day and night due to the traffic noise. Ms. Turner stated that Palm Beach County has done noise control over the Spanish River Bridge, the Atlantic Avenue Bridge and the Boynton Beach Bridge. She noted that Linton Boulevard has four major comers of traffic and a lot of traffic from around town is directed to Linton Boulevard. Ms. Turner continued to state that there are homes on the market both in Tropic Isles and in Del Harbour and people cannot sell them. Ms. Turner stated this is an urgent problem and urged the Commission to look into this matter. -15- 02/04/03 Secondly, Ms. Turner stated the U.S. Government has spent a lot of time, effort and money to try to get the handicap out to work. Ms. Turner stated along Federal Highway she does not see any covered area for people who are waiting for a bus and expressed concern over the need for bus shelters in the community and emphasized that these shelters be handicap accessible. The City Manager stated the City has identified a number of sites and applied for a grant to have these bus shelters built. The City Manager continued to state that as of late this afternoon the grant for all thirty-nine bus shelters has been approved and noted that the shelters will be handicap accessible. Lastly, Ms. Turner stated she sees in the paper that Boca Raton is now joining up with Highland Beach on the Intracoastal to the south line of Delray Beach to keep the boats from speeding up to the Linton Bridge. Ms. Turner stated the boats now speed to the Linton Bridge then hit their brake and coast north of the bridge up to Atlantic Avenue Bridge. Ms. Turner urged the City to get together with Highland Beach and Boca Raton and not stop the speeding at the south line of Delray but go through to the north line of Delray. Furthermore, Ms. Turner stated she feels everyone south of the Linton Bridge is being neglected. ll.B.2. Terrence Rothman, (homeless)~ stated the Delray Beach Police Department notified a local church about him being on church property and then arranged to have him removed. Mr. Rothman stated a trespass warning was issued and he was told not to come back onto church property. Mr. Rothman stated information has become available about the church in question that thc Delray Beach Police Department themselves notified the church about him and initiated the action resulting in him being given a trespass warning. Mr. Rothrnan stated hc feels this is something other than thc separation of church and state it is the planned attempt of the police to influence and guide church policy. Therefore, Mr. Rothman urged thc Commission to consider having an initiation board to handle problems within the City limits which arc of an ethical or of a moral nature but which do not require the Police to resolve the conflict. 11.B.3. Lhisa Almash¥, Executive Director of the Milagro Center, stated the Milagro Center is a community center and thc biggest program is the After School Program called Standing Together Achieving Recognition and Success (STARS). Ms. Almashy stated there arc eleven children out of thc 33 currently attending who arc on special education plans. Ms. Almashy stated they just received partnership throut~,h Starbucks for a $10,000 grant. Ms. Almashy stated the program is Kindergarten through 5t grade and they arc seeking funding for a youth leadership program so that they can continue to enhance the STARS Program through middle school and high school children. Speaking as a former board member of the Milagro Center, Mr. Perlman stated Lhisa has done a fabulous job with bringing creativity to the organization. ll.B.4. Chris Metzger~ 1734 Del Haven Drivel Delra¥ Beach, stated he lives at the north end of the Linton Bridge and commented that hc enjoys driving over Palmetto Park Road and Spanish River Road and not having any noise affecting any of thc neighborhoods. Mr. Metzger stated he understands the traffic issue on the road but noted as soon as the tires hit the -16- 02/04/03 grid it echoes down the entire area and the noise is almost unbearable. With regard to deadening the noise on the bridge, Mr. Metzger urged the Commission to look into this issue so that the residents can enjoy the same benefits as Boca Raton. 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. Ci.tyManagem The City Manager stated at the last meeting Mr. Levinson asked about whether we would support the idea of all the tracks on 1-95 be in the right lane only. The City Manager stated staff does have reservations about this because they feel it would increase the potential with accidents because of people merging into the right lane as they come onto the interstate. Therefore, the City Manager stated staff would not recommend supporting. The City Manager stated that he has already reported on the bus shelters and reiterated that the City is excited to get all the bus shelters funded and is anxious to start building the bus shelters as soon as we can. 13.B. City Attorney. The City Attorney had no comments or inquires on non-agenda items. 13.C. City Commission. 13.C.1. Commissioner Archer Mrs. Archer stated she is very pleased to see that the bus shelters have been approved. She suggested that there be some kind of notification to the public that the bus shelters are approved so that we can make sure people understand that after waiting so long the bus shelters will now be built. Secondly, Mrs. Archer stated she understands that Representative Slosberg has put a bill through the legislature that will limit trucks 24 hours a day to the two left lanes on the interstate. Mrs. Archer stated the trucks are currently limited to the daylight hours to the two right lanes and this will mean that at night the tracks will only be able to go to those two right lanes as well. 13.C.2. Commissioner Perlman Mr. Perlman stated he and Commissioner Levinson attended the Carver Estates Youth Program last night where they had a drug essay contest. Mr. Perlman commented about how impressed he was with the essays and stated it was very poignant because they talked a lot about their own personal experiences with people that they knew who were struggling with substance abuse. Mr. Perlman stated he asked some of the officers if they can bring those -17- 02/04/03 individuals who entered the drug essay contest to the Commission Meeting of February 18, 2003, to read the winning essay so that the children will be encouraged to continue. Secondly, Mr. Perlman stated he understands that the Volunteer Program was on the front page of the National edition of the Wall Street Journal (February 3, 2003). Mr. Perlman stated he would like to follow-up on a comment he made a couple of weeks ago regarding the entrance to Lake Forest South. Mr. Perlman stated he received another call from them saying that neighbors have begun to replace trees at their own expense. Mr. Perlman suggested that the Association be alerted to wait so they will not have to incur any expense out of their pockets. The City Manager stated that the contractor is obligated to do this. Mr. Perlman stated he attended an Honor Roll Breakfast at Banyan Creek Elementary School this morning. He noted that Banyan Creek Elementary School and Toussaint L'Ouverture High School performed at the Kaleidoscope Festival in West Palm Beach last weekend. Mr. Perlman stated older children worked with younger children and their theme was a multicultural celebration and they did an entire tribute to Moshi, Tanzania and won the most creative exhibit. Mr. Perlman stated the City will be contacted by Wilner Athouriste regarding Haitian Flag Day. Lastly, Mr. Perlman stated that Loretta McGhee, Deputy City Clerk and Officer Shirley Palmer have both been ill and they are in his thoughts. The City Manager reported that Shirley Palmer has recovered to the point where she has been sent home. Mr. Perlman commented about a newspaper article that ran in the Sun-Sentinel this morning regarding Rich Olson. Mr. Perlman stated Rich Olson, Interim Director of Public Works, has been a fabulous addition to the staff and he is very proud of him. 13.C.3. Mayor Schmidt Mayor Schmidt stated when he was in Washington he met with staff from Congressman Wexler, Congressman Shaw, and Congressman Hastings office regarding the Federal funding for the Water Reuse Project at the Water Treatment Plant. Mayor Schmidt continued to state that the meetings were very productive and they were all favorable in their response. Mayor Schmidt noted that Congressman Shaw's office said that they would like to try and get funding for the City with regard to the Water Reuse Project. Mayor Schmidt stated they were receptive to the idea that the plant expansion would be phased. Secondly, Mayor Schmidt stated he played in the Del Aire Golf Tournament to raise money for the Fire and Police Department. Mayor Schmidt stated they broke their record again this year and commented that they raised $56,000 (gross) and $43,000 (net). 13.C.4. Commissioner McCarthy Ms. McCarthy had no comments or inquiries on non-agenda items. -18- 02/04/03 13.C.5. Commissioner Levinson Mr. Levinson commented about the article in The Wall Street Journal and noted it not only talks about Delray but also talks about Boynton Beach. Mr. Levinson stated he had the pleasure of meeting Gordon Stanley who is one of the volunteers who serves on Delray's Home Front Security and read a quote from the article into the record. Secondly, Mr. Levinson stated he was a little distressed with the response Palm Beach County sent to Randal Krej acrek, City Engineer regarding the 4th of July and the 8th Street Bridge being closed. The City Manager stated the City is asking Palm Beach County to move the project of closing the bridge to a later date. Mr. Levinson stated he spoke to Anne Gannon at the Chamber lunch and she mentioned to him about the Senior Aid Program and he suggested that the City utilize a similar program. Mr. Levinson reiterated comments expressed by Mr. Perlman regarding the Carver Estates Program. Mr. Levinson stated he would like to recognize Officer Michael Coleman, Sergeant Javaro Sims and Officer Jeff Messer of the Police Department who go above and beyond their call of duty by spending a lot of their own time with the children. Mr. Levinson stated he will write them a Thank You and would like to ensure that this is noted in their personnel file. Lastly, Mr. Levinson congratulated Ben Perlman (Commissioner Perlman's son) making the Honor Roll. There being no further business, Mayor Schmidt declared the meeting adjourned at 7:45 p.m. ATTEST: City Clerk 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 February 4, 2003, which Minutes were formally approved and adopted by the City Commission on -19- 02/04/03 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. -20- 02/04/03 FEBRUARY 11, 2003 SPECIAL MEETING A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor W. David Schmidt in the First Floor Conference Room at City Hall at 6:00 P.M., Tuesday, February 11, 2003, Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Jeff Perlman Mayor David W. Schmidt Absent Commissioner Alberta McCarthy Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Schmidt called the special meeting to order and announced that it had been called for the purpose of considering the following items: AMENDMENT NO. 1/DELRAY MERCHANT'S ASSOCIATION AGREEMENT: Consider approval of Amendment No. 1 to the agreement between the City of Delray Beach and Delray Merchant's Association regarding repayment of a $30,000 loan associated wtth administraUve and production costs for the "Celebrate the Soul of Delray" 2002 event. Robert Barcinski, Assistant City Manager informed the Commission the Delray Merchants Associauon for Celebrate the Soul of Delray 2002 has requested an amendment to the loan repayment agreement entered into last year of thirty thousand dollars ($30,000) which changes the repayment schedule for the loan. Susan Ruby, C~ty Attorney presented a revised Amendment No. 1. The terms of the amendment calls for the re-payment to be extended from one (1) year to three 0) years w~th increments of ten thousand dollars ($10,000) to be paid to the City by no later than April 1st each year, beginning April 1, 2003. Mr. Levinson made a motion to approve Amendment No. 1 to the agreement between the City of Delray Beach and Delray Merchants Associauon to include staff recommendations as mentioned in the backup, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes. Said motion passed 4- 0. SPECIAL EVENT/CELEBRATE THE SOUL OF DELRAY 2003: Consider approval of a special event request for the third "Celebrate the Soul of Delray" event to be held on Sunday, March 23, 2003, including a temporary use permit for street closure/use of Atlantic Avenue from NW/SW 1st Avenue to NW/SW 5~' Avenue, use of Tenms Center parking lot and clubhouse; a waaver of sign code to allow event signage more than one week in advance, provide staff support for security and traffic control, barricade set up, sign construcuon/installation, trash dean up/removal, stage set up/removal, obtain power from FPL as needed, and waiver of overtime costs; contingent upon sponsor providing certificates of liability insurance and hquor habihty insurance, and a hold harmless agreement. Mr. Barcinski informed Commission it was staff recommendation to support Celebrate The Soul of Delray 2003 on March 23 2003 including, the temporary use permit for Atlanuc Avenue and Tenms Center parking lot, use of the Tennis Center Clubhouse, City stages and barricades, approval of staff support as requested for security and traffic control, barricade set up, sign construction and installation, trash clean up and removal, stage set up and take down, a waiver of overtime and sign code to allow event slgnage to be installed more than one week before the event, along with the following recommendanons: 1. Receipt of a certificate of liability insurance, liquor liability insurance certificate, and hold harmless agreement no later than ten (10) days prior to the event. 2. Receipt of a detailed site plan no later than ten (10) days prior to the event. The event sponsor to be responsible for ordering and payment of barricade rental costs needed from private vendors as well as costs for any other equipment that may be required such as stage canopies. 4. Event sponsor be responsible for payment to FPL for any power drops that maybe needed. Approval with the understanding that staff support would be provided for only as indicated and that there is no City financial commitment to the event. 6. Limit the site area from NW/SW l't Avenue to NW/SW 5t~ Avenue. Mr. Wideman, representing the Delray Merchants Association agreed with the changes/recommendations made by staff, and also informed Commission there is a time change to 10:00 a.m. until 7:00 p.m. instead 10:00 p.m. The Commission all expressed concerns regarding the budget for this event. According to the budget submitted the anticipated expenditures are $38,900, with current commitments of approximately $8,500. Mr. Wldeman insured Commission there are several commitments from reliable sponsors to this event who are prepared to come forward. However, he is not at hberty to announce them at this time. Mr. Wideman expressed he is confident fins event will be successful and he gives "his word" to the City that the City will be paid and DMA will not come to the City for additional funding. Discussion ensued between the Commission and Mr. Wideman regarding funding. Mr. Levinson again suggested that since there are no admission fees that donation boxes be placed in strategic places to help defray some of the costs. Mr. Perlman motioned to approve Celebrate the Soul of Delray 2003, seconded by Mrs. Archer. Prior to the roll call Mr. Levinson requested that consideration of the motion include conditions 1 through 6, as listed above. Both Mr. Perlman and Mrs. Archer agreed to amend the mouon thusly. Upon roll call, the Comrmssion voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed 4-0. -2- February ll, 2003 AWARD OF CONTRACT/CIGNA: Consider awarding the health insurance plan to CIGNA using a self-insurance plan with a fifteen percent (15%) increase to the City and dependent internal rates to be effective March 1, 2003. Joe Safford, Finance Director reviewed the backup pertaining to renewal of the City's health insurance for FY 2003-2004. The proposal received by our current carrier Cigna recommended a 27.9% rate increase to thezr previous rate. This was unacceptable and a RFP was issued to other carriers. Proposals were received from Humana, Blue Cross/Blue Slueld, United HealthCare, and Cigna. The Insurance Committee reviewed all proposals and xt was agreed to recommend approval of Cigna as our health plan carrier using a self-funded financing alternative and a 15% C~ty and dependent internal rate increase effective March 1, 2003. Mr. Levinson motioned to approve the staff recommendation of a self-funded health plan with Cigna including a 15% rate increase effecttve March 1, 2003, seconded by Mr. Perlman. Upon roll call, the Commissxon voted as follows: Mr. Levinson - Yes; Mayor Schmidt - Yes; Mr. Perlman- Yes; Mrs. Archer - Yes. Said morton passed 4-0. Prior to the motion Mr. Levinson suggested that the City look into the possibility of providing extended services at the City Clinic to employees and them families as preventive servmes, school physicals and minor illness as an alternative to the higher mechcal costs. AWARD OF CONTRACT/STANDARD: Consider awarding the life insurance plan to Standard at a rate of $.36 per $1,000 for life and $.04 per $1,000 for accidental death/dismemberment with rate changes to be effective March 1, 2003 Mr. Safford reviewed the renewal of the proposal for City employee and retiree life insurance coverage. Staff recommends an award of contract to Standard Life Insurance effecttve March 1, 2003, which includes an increase in benefits, with a two (2) year rate guaranteed rate. Mrs. Archer moved to approve the award of contract to Standard Life Insurance Company at a rate to $.36 per $1,000 for life and $.04 per $1,000 for accidental death/dismemberment effecttve March 1, 2003 for a two (2) year period, seconded by Mr. Levmson. Upon roll call, the Commission voted as follows: Mayor Schrmdt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed 4-0. Mayor Schmidt declared the Special Meeting adjourned at 6:50 p.m., at which time the Commission convened to the regularly scheduled Workshop Meeting. ATTEST: City Clerk MAYOR -3- February 11, 2003 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided hereto is the Minutes of the Special Meeting of the City Commission held on February 11, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as mchcated above, this means they are not the official Minutes of the City Commsssion. They will become the official Minutes only after review and approval, which may involve amendments, adchfions or deletions to the Minutes as set forth above. -4- February 11, 2003 PROCLAMATION WHEREAS, the Charter of the City of Dekay Beach, Florida, promdes for the calling of a First Nonpartisan Election for the purpose of electing City Commissioners; and WHEREAS, pursuant to said Charter provisions, the City Commission deems it necessary to call for the F~rst Nonpartisan Election on the second Tuesday of March each year. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the Cxty Commission, do hereby call for the First Nonpartisan Election to be held on Tuesday, March 11, 2003, between the hours of 7:00 a.m. and 7:00 p.m., at all the precincts and polling places in the City of Delray Beach as designated by the Supervisor of Elections. All qualified electors of the City of Delray Beach, Florida, shah be qualified to vote in such election. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the C~ty of Delray Beach, Florida, to be affixed this 18t~ day of February, 2003. DAVID W. SCHMIDT MAYOR COIN UNITY 0 LYI I IC DEVELOPI ENT PR'OGR' USA 0000 A Program of the United States Olympic Committee .COMMUNITY BENEFITS Association with selected Olympic sports Integrated high-quaility coaching programs Economic impact Enhancement to academic physical education Reduction of costly at-risk behavior ,~ obesIty prevention ~ substance abuse prevention v gang prevention YOUTH BENEFITS Life-long physical fitness Safe, fun and healthy acuwues Character education Strategic planning Nutritional eating Te~m building habits Goal setting Access to locally-run Olympic program OLYMPIC GAMES Olympic Athletes OLYMPIC MOVEMENT Spirit of Olympism INTERNATIONAL usoc Host International International Relations International Competition Camps & Competition Department & Exchange NATIONAL SPONSOR BENEFITS · Affiliation with USOC through a local program · Potential worldwide publicity · National visibility · Local signage · Product identification · Early relationships with possible Olympians · Joint marketing opportumt~es · Goodwill · Image enhancement usoc Sports Services Dept. Host Competitions Host N~tional bents Techn'~al Courses Training C~mps ELITE DEVELOPMENT usoc Athletes Services Dept. Host NGB clinics Club Development Competition Expertise Coaching Development O USOC Pubhc Information & Med~a Relatioos Dept. Talent Identification System for Progression Partiopation Cert~icztes Access to Organizations USOC Website Recc~nition Fundra~sing Assistance Operating Guidelines CODP Logos & Souvenir Items Government Liaison Business Plan Program Development & Management Staff Support Access to Local Facilities Self-Funding Requirement Equipment Expertise NGB Logos CODP Protocols NGB Website Recognition Training Programs NGB Marketing Materials AGREEMENT USOC PALM BEACH COUNTY SPORTS INSTITUTE NATIONAL GOVERNING BODIES Summary of CODP Agreements with NGB and the USOC Draft Template "The objective of the CODP shall be to provide leadership and guidance in establishing high quality sports programs at the intermediate level for talented and motivated young people to help them maximize their potential in Olympic sport. Such support shall ultimately lead to more internationally competitive U.S teams and broaden the base of interest and participation by young people generally in Olympic sport." USOC PBCSI N(;B - Generic Template R 1) Guidelines 1) Funds 1) Athlete Selection E 2) Review & 2) Office Space, Supplies Protocols Q Oversight & Equipment 2) System for Athlete U 3) Marks, Use of 3) Local Steering Progression I Olympic Rings Committee 3) Training Programs R 4) Memorabilia 4) Public Relations & 4) NGB Marketing E 5) Token Gifts Recruiting Plan Materials M 6) Promo materials 5) Board of Directors 5) Preference for E 7) Assistance with 6) Cooperation w/USOC Hosting Competitions N Fundraising & 7) Engagement of Local & Events T Sponsorship Coaches for CODP 6) Website Recognition S Acquisition 8) Access to Facilities 7) National Team 8) Staff Meetings for 9) Government Relations Training & CODP managers 10) Transportation to Opportunities 9) Facilitation of Training Facilities 8) Access to Training & C Coaches Clinics 1 l) Budget Competition O 10) Coordination of 12) Annual & Monthly Facilities N Access to CBOs Progress Reports 9) Reduced Membership T 11) Access to 13) Annual & Monthly Fees (based on need) R Olympians Financial Reports 10) Coaches, & Training I 12) Website 14) Sports Equipment and Selection of B Recognition 15) Uniforms, Awards Coaches U 13) Coaches 16) Business Plan 1 l)Officials Training T Conferences 17)NGB Clinics Host 12) Technical expertise I 14) Public Relations 18) International 13) Equipment Grants O Assistance Exchanges Host (where possible) N i 5) Insurance 19) Web site Recognition l 4) Athlete Performance S 20) Outreach Events Host Expectations 21) Feeder Programs 15) Inclusion in yearly Promoter budget ($ or VIK) 22) Insurance 16) Inclusion of Selected CODP Athletes to Participate in OTC Programs 17) Insurance Palm Beach County CODP Administrator I Coach, PBC Sports Institute & Local Community Contributions OLYMPIC GAMES Olympic Athletes OLYMPIC MOVEMENT Spirit of Olympism INTERNATIONAL Assist in Attracting Coordinate Host International & Coordinating International Competitions Competitions Intematioeal Exchanges & Exchanges & Exchan[es NATIONAL Adhere to hlGB Protocos Coordinate & Host Competitions Host V~odcshops ~ Assist k~Talent Identification Shoe COOP Protocols Rum Competitions ~ ELITE DEVELOPMENT Set Competition Schedule Coordinate USOC & NGB clinics Develop Competitio~ Expertis, Coach & Supervise Trave~ Teams Promote C~ub Development Host Clinics & Visking Athletes ATHLETE DEVELOPMENT Provide Athlete Selection Critena Coach Pre-Elite Athletes Assure CounLT-~Nide Program Integration PromcRe & Suppof~ Feeder Programs GRASSROOTS DEVELOPMENT Offer Advanced Programs Begin to Offer Competitions Develop County-Wide Program Train & Certify Local Coaches Advise Municipalities in Start-Up Logistics Conduct Outreach Events & Coaching Provide Reports & Regular Feedback Coordinate Parent & Volunteer Workshops Fiscal Responsibility & Grant Assistance Provide CODP Manal[er & Staff Engage Coach Serve as USC)C, NGB Liaison Promote COOP within Commum~/ Provide Reports & Website Coverage Acquire Necessary Equipment Provide Training Facilities & Venues Offer NG~ Feeder Pro,q-ams Engage Coach for Beginner Programs Support PBCSI CODP with $$$ or Provide Reports & Website Coverage AGREEMENT ADMINISTRATOR I COACH PALM BEACH COUNTY COMMUNITY OPERATOR SPORTS INSTITUTE Palm Beach County PORT INSTITUTE Just The Community Olympic Development Program Summary of Community Benefits & Services Provided The United States Olympic Committee (USOC) recently designated the Palm Beach County Sports Institute to be the operator of a Community Olympic Development Program (CODP). The Sports Institute is engaging an Administrator/Coach to develop a County-wide approach for each sport in the CODP. Municipalities interested in offering CODP sport programs can do so through our CODP Community Participant Agreements, which includes a $10,000 contribution to the Palm Beach County Sports Institute CODP to cover expenses associated with: · Supplements fitness oppommities beyond gym class Youth · Attunes youth to an active, fitness-based lifestyle Benefits · Integrates life skills into fun and healthy activities · Builds self-confidence and a desire to achieve success · Instills values that prevent costly at-risk behaviors · Utilizes spare time of youth in positive, recreational activities, including those not athletically gifted Community · Offers Olympic recreational programs Benefits · Introduces sports that currently aren't in local programs · Generates local and national publicity Administrator/Coach · Includes a municipality"start-up," addresses unique needs Services · Trains and certifies new coaches · Mentors parents/volunteer through workshops · Develops a standardized County-wide program Palm Beach County · Services all aspects of CODP administrative logistics Sports Institute · Increases access to benefits of agreements with other bodies (e.g., the School Board's permission to use facilities) · Creates'NGB-approved curriculums, programs and National Governing competitions Bodies & · Enhances training opportunities for dedicated athletes the USOC · Gives participants CODP/Olympic trademarked apparel · Organizes USOC outreach/training programs Renewal / · Renewable annually Termination · Can terminate with 30 days' notification There are only four other CODP locations in the United States. Ours is the pilot self-funded CODP. It is the only County-wide CODP. This program offers us the opportunity to work together to nurture our youth's development by instilling the spirit of the Olympic Movement. O: IlnstitutelUSOCICODP[CODP Crnty Benefits Info Sheet. doc Palm Sea~h Lakes Flvd. · Suite 1410 · West Palm ~each. Florida ~401 · (~611 Z~-lOI9 · Website http://www.palmbeachsports.com · Fax (561) ~$-101~ PALM BEACH COUNTY WRESTLING CODP INITIATIVE 2002-2003 STEERING COMMYUI'EE Gary Townscnd Paul Westfield Rummy Macias JcffI.evitat Stove Hauglm Bruce Delaney GOAI,S: TIME I,INE: Establish Five grass roots programs within tho County to train and ldcnti fy talented young wrestlers Identify five f~acilities which each program can operate cffcctivdy. (Suggested locations: Jupi~r, Wellington, Boca Rato~n, Delray Bch and West Palm Beach ) Gain NGB and Local Community approval and support Identify financial support and possible grants or in kind services Recruit top level coaches and trainers for each local program Create a "Travel" league competition among the local programs giving Each local group competitive experience Seek out support service providers who can assist local programs in Improving the safety and quality or their respective programs Eventually develop a next level ol' competition for the best wrestlers From each prop'am. Establish a Centralized site for Top Level Wrestlers from local Programs to train and compete year round with the highest level of Coaching possible OCTOBER - DECEMBER 2002 Identify and secure site locations for each local program Work with existing groups in each area if possible Put together coaching staff for each locale ldcntii~, nccds and obstacles for cach area program JANUARY- MARCH 2003 Sct meeting artd practicc datcs for cad] location Advertise locally for participants Steering conmiittee mccts with coaching staffs Criteria and parameters for "Travel" league play set Competitive schedule finalized Funding sources established, fundraising activities started Equipment and supplies purchased APRIL - JUNE 2003 Competitive league play starts Athletes and Coaching staff's evaluated Trainers assisting witlx local practices Request NGB in khld assistance and training ldcnti fy and obtain coach/trainer for CODP Program Selection ot'Top wrestlers for next lcvcl o r competition JULY- SEPTEMBER 2003 Top wrestlers train at central location with ODP coaching staff CODP COMMUNITY PARTICIPANT AGREEMENT THIS CODP COMMUNITY PARTICIPANT AGREEMENT (this "Agreement"), made and entered into this __ day of ,2002, is by and among the Palm Beach County Sports Institute ("CODP Operator") and the ("CODP Community Participant"). BACKGROUND The CODP Operator has entered into a Community Olympic Development Program Agreement ("CODP Agreement") with the United States Olympic Committee (USOC) and at least one National Governing Body (NGB). In furtherance of the objectives contained in that agreement, the CODP Operator wishes to enter into additional agreements with local municipalities, County programs, and community-based organizations within Palm Beach County with respect to arrangements for the development and implementation of the CODP Kayaking Program. This Agreement shall be known as a "CODP Community Participant Agreement." This Agreement details the responsibilities and rights of the CODP Operator and the CODP Community Participant. The CODP Operator is also entering into "Coach/Administrator Agreements," with a coach/administrator for the program of each sport in the CODP. AGREEMENT Description of CODP. The CODP shall be a youth sports development program that will be operated locally by the CODP Operator with USOC and NGB oversight. Through this agreement, the CODP Operator and the CODP Community Participant agree to undertake certain duties related to the administration and operation of the CODP. Neither the CODP Operator, the USOC, the NGB, nor the CODP Community Participant will have any administrative or any other responsibility or obligation for the CODP after the expiration or early termination of the overall CODP Agreement. CODP Ob|ecfives/Program Guidelines. The objective of the CODP shall be to provide leadership and guidance in establishing high quality sports programs at the intermediate level for talented and motivated young people to help them maximize their potential in selected Olympic sports. Such support shall ultimately lead to more internationally competitive U.S. teams and broaden the base of interest and participation by young people generally in Olympic sport. CODP Program Manager. The CODP Operator will employ a manager or assign an already existing administrator to manage and oversee all aspects of the local CODP operation and to serve as the liaison to the USOC, NGB(s), the Coach/Administrators, and the CODP Community Participant. USOC and NGB Performance. A separate CODP Agreement exists between the USOC, NGB(s) and the Palm Beach County Sports Institute that outlines specific duties of the USOC, the NGB(s) and the CODP Operator. Representations and Warranties: The CODP Operator represents and warrants that it has a signed CODP agreement with the United States Olympic Committee. In expanding the CODP, the CODP Operator will add sports to its CODP as it signs additional agreements with USOC-affiliated NGBs. o CODP Operator Performance. The CODP Operator will provide or cause to be provided the following in its role as the operator and fiscal agent of the CODP: bo Co do eo g. h. i. jo mo Funding: Funds necessary to operate a successful CODP, including certain government funding and revenues from sponsors, fundraising events, NGBs and CODP Community Participants; Office Space: Office space, equipment, and supplies for the CODP Program Manager and CODP Coach/Administrators, including copiers, computer hardware and software, typewriters, and telephones; CODP Liaisons: A Board of Directors to work with a USOC liaison to be involved in all CODP matters; a local Steering Committee for each CODP sport to oversee development of the CODP in the County and assure compliance with CODP guidelines as provided by the USOC; Program Staff & Support: All business operations of the CODP; business, public relations, media and marketing plans, including a plan to recruit participants and volunteers as well as obtain and service sponsors; website acknowledgement of CODP Community Participant; support for on-going CODP feeder programs; relations with applicable city, state and school officials and agencies; Communications: All communications to CODP Community Participants and Coach/Administrators from the USOC or participating NGB(s); Engagement of Coach/Administrator(s): Identification of high quality, NGB certified coaches, and their engagement, for applicable CODP activities; Facilities: Access to and utilization of available existing local facilities; Reports: Compilation of annual program reports and monthly progress reports in accordance with Exhibit A; NGB Liaisons: Coordination with NGB(s) to establish training protocols, system for athlete progression and training programs, coordination of training programs for local coaching and official development; CODP Marks & Merchandise: Coordination with the USOC for usage of CODP marks, CODP merchandise (t-shirts, hats, pins), token gifts and certificates; USOC ancYor CODP program materials generated by the USOC; uniforms, awards, etc. for participants, volunteers and coaches; Grants: Financial assistance to CODP Community Participants for sports equipment for operation of CODP activities, as separately outlined; Hosting: Hosting of NGB/USOC and other specialized coaching clinics, workshops and competitions as well as international exchanges; hosting and organization of CODP outreach events; and Insurance: Insurance in accordance with agreement with United States Olympic Committee (USOC). CODP Coach/Administrator Performance: The CODP Operator is signing CODP Coach/Administrator Agreements. Copies of CODP Coach/Administrator Agreements will be provided to the CODP Community Participant(s) of applicable sports as the agreements are executed. o CODP Community Participant Performance. The CODP Community Participant will provide or cause to be provided the following in order to create high quality grassroots to intermediate level youth sport programs: Co Funding: All funds necessary to operate a successful grassroots and/or intermediate program, as mutually agreed upon, including an annual contribution of $10,000 per CODP sport to the CODP Operator for administration of the CODP; payment to the CODP Operator for pro rata share of revenues generated by coaches from CODP sport programs (which the CODP Operator will then disburse to the coaches, as separately agreed upon); Office Space: Access to office space, general office equipment, and supplies for the CODP coaches, as reasonably needed, including copiers, fax machine, typewriters, and telephones; Liaison: Appointment of a CODP Community Participant liaison to be responsible for providing necessary reporting information and interaction with the CODP Manager; Program Staff & Support: Security clearances for all CODP coaches; Membership card in the NGB for all active coaches; assistance with fostering on-going NGB feeder programs with community-based organizations; assistance with public relations/media in collaboration with the CODP Operator to recruit participants and volunteers for the CODP Community Participant; program outreach, press releases and media information kits, assistance with CODP sponsorship fulfillment; assistance in relations with applicable city, state and school officials and agencies, as needed; distribution of uniforms, awards, etc. for participants, volunteers and coaches, as requested by the CODP Operator; website acknowledgement; Program Offerings: Programs at the grassroots through intermediate and advanced levels for athletes, as agreed upon; Facilities: Access to and utilization of available training and competition facilities, including CODP elite athletes who may live outside of the CODP Community Participant's municipality; Reports: Review of CODP Coach/Administrator's submission for the CODP Community Participant's annual program reports and monthly progress reports, as requested by the Community Operator to stay in compliance with requirements stated in Exhibit A, annual fmancial reports for the CODP Operator's review; Equipment: Sports equipment for operation of the CODP Community Participant's programs; upkeep and current inventory of any equipment provided to the CODP Community Participant from the CODP Operator or from an NGB through the CODP Operator; and return of any equipment to the CODP Operator upon cessation of the CODP Community Participant's agreement with the CODP Operator; Hosting: Willingness to host NGB/USOC/CODP Operator coaching clinics, workshops, competitions, outreach events, elite and international exchanges; Compliance: Adherence to all limitations placed on the CODP Operator and CODP Community Participants; and Insurance: Insurance in accordance with Exhibit B. Indemnification. The CODP Operator and the CODP Community Participant, severally and not jointly, shall indemnify, defend and hold harmless both the Palm Beach County Sports Institute and the Palm Beach County Sports Commission as well as the USOC and NGBs and their directors, officers, employees, agents and volunteers from any and all claims, damages, liabilities, frees and expenses, including but not limited to court costs and attorneys' fees, that arise out of or are related to the actions or omissions or intentional misconduct of the CODP Operator, the NGB, or the CODP Community Participant, including but not limited to injury to persons or property. 10. Use of CODP Marks. The CODP Conununity Participant may not use any CODP Marks in connection with the activities of the CODP (e.g., on uniforms, equipment, and banners) unless the USOC has specifically authorized the CODP Operator to use such CODP Marks and the CODP Operator has conveyed this permission to the CODP Community Participant. 11. CODP Sponsorship/Fundraising Initiatives. All proposed CODP sponsorship arrangements and fundraising initiatives, as well as any similar or related programs and activities, shall be submitted to the CODP Operator for USOC review and approval. For clarification and the avoidance of doubt, neither the CODP Operator nor the CODP Community Participant shall implement any fundraising initiatives or enter into any sponsorship or other marketing arrangements in connection with the CODP without the prior written approval of the USOC. The USOC Athlete Development Department will work with the USOC Marketing and Development Departments to identify potential sponsors and donors for the CODP. 12. CODP Community Participant Books and Records for CODP Activities. The CODP Community Participant shall maintain complete and accurate books and records of all receipts, expenditures, assets and liabilities of its CODP activities. 13. Term/Termination. This Agreement shall become effective on (date) and shall expire on (date) unless sooner terminated as provided herein. The CODP Community Participant hereby grants to the CODP Operator the option to renew this Agreement at the same terms and conditions stated herein for two (2) additional one (1) year periods. In the event the CODP Operator shall desire to renew this Agreement, at least sixty (60) days prior to the date of expiration of this Agreement or any renewal thereof, the CODP Operator will send to the CODP 14. 15. 16. Community Participant a notice of intent to renew, subject to f'mal budget approval by County and municipal funding sources. Thereafter, if the CODP Operator shall elect to exercise this option, it shall notify the CODP Community Participant in writing of such election prior to the expiration of this Agreement or any renewal thereof. Notwithstanding the foregoing, any party may terminate this Agreement at any time and for any reason upon thirty (30) days prior written notice to the other party. This Agreement will become null and void upon immediate communication in the event of any expiration or termination of the CODP Operator's CODP Agreement with the USOC. Integration. It is the intent of the parties that this Agreement covers the full scope of the parties' agreement with respect to the CODP. However, program review and growth may require revision of this Agreement or amendments thereto. Such revisions or amendments will not take effect unless and until agreed upon in writing by all of the parties hereto. Not a Partnership. This Agreement does not make any party the agent of the other, or create a partnership, joint venture or similar relationship between the parties, and no party shall have the power to obligate or bind another party in any manner whatsoever. The parties agree not to contend to the contrary or to attempt to enforce any contrary intention in any court. In addition, none of the parties shall represent to third parties that it is an agent or partner of or joint venturer with any other party in connection with the CODP. Notices. All notices required or permitted to be given under this Agreement shall be in writing and addressed as follows: If to the Palm Beach County Sports Institute: Palm Beach County Sports Institute 1555 Palm Beach Lakes Blvd., Suite 1410 West Palm Beach, FL 33401 Attention: Pam Gerig, Executive Director With a copy to: Timothy W. Cox, P.A. 324 Datura Street, SuRe 200 West Palm Beach, FL 33401 If to the CODP Community Participant: Joe Weldon City of Delray Beach Parks & Recreation Department 17. 18. 19. 20. 21. 22. 100 N.W. 1a Ave. Delray Beach, FL 33444 or to such other address as a party may designate in writing to the other parties for this purpose. Such notice shall be deemed to have been duly given and received either (a) on the day of delivery, if hand delivered, (b) on the day after the date sent, when sent by overnight express mail, or (c) on the date sent when sent by facsimile and confirmed the same day by prepaid certified mail, addressed as above. Financial Responsibility of the CODP Operator. The parties acknowledge and agree that the CODP Operator is financially responsible for the CODP and that the CODP Community Participant shall not incur any financial obligation for or to the CODP, except as specifically provided in this Agreement. Consents. Whenever the consent or approval of a party to this Agreement is required, such consent may be given or withheld by such party in its sole discretion unless otherwise specifically stated. Should any dispute arise from this Agreement, venue shall be in Palm Beach County, This Agreement shall not be construed against the party who drafted the same as all parties to this Agreement have participated in the drafting of this Agreement. This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement is binding upon the parties hereto, their heirs, successors and assigns. ACCEPTED AND AGREED: ACCEPTED AND AGREED: PALM BEACH COUNTY SPORTS INSTITUTE DELRAY BEACH PARKS & RECREATION DEPARTMENT By: Title: Date: By: Title: Date: FL. EXHIBIT A Repo.rting Requirements Annual Report Submission of Annual Report The CODP Coach/Administrator shall submit an annual report (the "Annual Report") for each calendar year on behalf of each CODP Community Participant in writing to the CODP Operator by January 15~ of the following year. The CODP Community Participant shall review and indicate approval of the report prior to submission by the CODP Coach/Administrator. Required Content of Annual Report The Annual Report shall include the following: Number of young athletes exposed to CODP sports (outreach programs); Number of participants in CODP (Gold, Silver, Bronze), demographics of participants (i.e. gender, age, ethnicity), and skill tracking; Number of coaches clinics/workshops and number of participants at the clinics/workshops; Number of CODP Athletes attending NGB camps and clinics; Number of CODP athletes added to NGB national programs and Olympic Teams; Number of coaches certified by the NGB; Number of CODP events conducted; Financial expenditures; Inventory of Equipment (including report of condition of equipment); Completed Measures of Success Charts as provided by USOC Athlete Development; Athlete performance results; and Copies of related media exposure. Monthly Progress Reports The CODP Community Participant shall also review and approve of written monthly progress reports submitted by a CODP Coach/Administrator. The reports must include specific sport program information and athlete performance results. 10 EXHIBIT B CODP Community Participant Insurance The CODP Participant shall be responsible for providing the following coverage (or shall demonstrate that equivalent coverage is being provided) during the Term: 1.1 Commercial General Liability Insurance with limits per occurrence of not less than One Million Dollars ($1,000,000), Bodily Injury, Property Damage. The following conditions and coverages must also be met by this insurance: Non-owned and Hired Auto Liability, except where such coverage is included within a commercial automobile liability policy. Medical expense limits of not less than Five Thousand Dollars ($5,000) and Fire Damage limits of not less than Fifty Thousand Dollars ($50,000). The insurance policy must contain a provision mandating thirty (30) days notice of cancellation if canceled prior to expiration of the policy. 1.2 Errors and Omissions Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence/aggregate. 1.3 Automobile Insurance to include coverage for liability and property damage with Combined Single Limits (CSL) of not less than One Million Dollars ($1,000,000) per accident to cover all vehicles utilized by the CODP Participant that meets the following: Coverage must include all vehicles owned by, loaned to, or otherwise becoming a part of the CODP (ISO Covered Auto Designation Symbol 1) with respect to liability coverage. If no vehicles are owned by the CODP Operator, this provision may be satisfied by coverage including all non-owned and hired autos (ISO Covered Auto Designation Symbols 8 and 9) or by providing verification that such autos are covered by limits as stated herein through other means. Coverage for property damage shall include both Comprehensive and Collision provisions and shall include Underinsured and Uninsured Motorists provisions to include both owned and nonowned and hired autos. Cover shall include not less than $5,000 in auto medical payments. Coverage must include any No-Fault or similar provisions mandated by the State(s) in which autos will be garaged. 10 1.4 1.5 1.6 Worker's Compensation Insurance providing coverage for all employees, which shall provide the limits required by state statutes and Employer Liability limits of not less than One Hundred Thousand Dollars ($100,000) Each Accident, Five Hundred Thousand Dollars ($500,000) by Disease, and One Hundred Thousand Dollars ($100,000) By Disease Each Employee. The insurance must contain a provision mandating thirty (30) days notice of cancellation if canceled prior to expiration of the policy. The policy must be written on an occurrence basis. Property and Contents Insurance covering any and all property which is within the care, custody and control of the CODP Participant, including any competition equipment belonging to another party loaned to or placed in storage by the CODP Participant. Such coverage shall meet the following conditions: Coverage shall be written with blanket limits as warranted based upon the nature and expense of materials required to be insured. Coverage shall be written on an "All Risk", replacement cost basis. Each insurance policy, which is required hereunder, shall be from a company(ies) qualified to conduct business in the State(s) in which the CODP Operator is headquartered. 1.7 The USOC shall be designated as a Certificate Holder with respect to all insurance policies required hereunder. Certificated of Insurance, giving evidence that each of the requirements of this article have been met, shall be provided by the insurance company(ies) to the USOC Risk Manager. For policies which remain in effect for a period longer than one year, Certificates shall be provided annually. 1.8 To the extent insurance carried by the NGB and/or other entities participating in support of the CODP may provide coverage which duplicates the CODP Operator requirements set forth above, the USOC will evaluate such coverage so as to coordinate it with insurance provided by the CODP Operator and entertain a reduction or elimination of applicable CODP Operator requirements. O: [Instttutel USOCICODP ICODP Delray Kayaking 12 18 02.doc 10 CODP Wrestlin Pro ram Format ~oaches · Must Be Bronze Level Cerf~ied By USA Wresm,~g Will go *h~ough one month tr~,~i,~g program prior to season · Have successfully completed a background check ,Practice Format o Three I ½ hour pr&ctices per week · One ½ hour per week on different topics 1. Nutrition 2. Mental health 3. Physic! health 4. Anti Drug $. School Work · Three ½ hour sessions on stretching · Three ½ hour sessions on instructional Wresm,~g · Two ½ hour sessions on ~ive wrestling Competition Format · Each Wednesday S~r*i~g in April we will have double dual meet fomut · Ma~hes will continue through May · End of May we will have a Palm Beach County Championship 1. The top 2 place wluuers in each weight class will then go to the state ~hampionshtpe as the GODP Elite junior high Team MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM - REGULAR MEETING OF FEBRUARY 18, 2003 APPROVAL OF POLL WORKERS FOR THE FIRST NONPARTISAN ELECTION DATE: February 14, 2003 This is before the City Commission to approve the list of poll workers for the First Nonpartisan election to be held on March 11, 2003, and to direct the City Clerk to select a sufficient number of clerks, inspectors, and precinct advisors from the list to work during the election, pursuant to Section 34.02 of the City Code. The list is attached for your review. Recommend approval of the poll workers with direction to the City Clerk to select a sufficient number of workers for the municipal election on March 11, 2003. Reft Fde S.Electmns.2003 Agmemo. Approval Pollworkers March 2003 CITY OF DELRAY BEACH MUNICIPAL ELECTION MARCH 11, 2003. (POLLWORKER LIST) CLERK PRECINCT NO. Elaine Moran 4052 - Roslyn Cohen Rosena Miley 4082 7154 Conrad McEwen 4060 -505 Club JoelPo~ 4048 - Veterans Park Recreation Rose Davis Anthony Debartolo Florence Star 4084 - 4080 - 4066 - Sharon Gass 7166 - Lucille Vogelman Willis Edwin Brewer Willard Schwartz Morris Brooks 4012 - 4058- Course 4072 - 7150 - Christopher Clarke 7168 - Morris Weinman 4014 - Evelyn Dawson 4050 - Rhoda Datlof Susan Litchfield Phyllis Berse Shirley Brody Esther Wolmer David Forest 4166 - 7142 - 4064 - 7144- 4O62 - 4056 - Lakeview Baptist Church Boca-Delray Church of Christ Pompey Park Recreation Center St. Paul's Episcopal Church Lake Delray Apartments Pines of Delray East Village Academy Banyan Creek Elementary School Delray Beach Municipal Golf Sun Sentinel Building Temple Sinai Community Center Pines of Delray North Country Manors Association Abbey Dekay South Church of the Palms Orchard View Elementary School Old School Square Emmanuel Catholic Church West Park Baptist Church CITY OF DELRAY BEACH MUNICIPAL ELECTION MARCH 11~ 2003 (POLLWORKER LIST) ASSISTANT CLERK PRECINCT NO. Geraldine Brotsky 4052 - Lakeview Baptist Church Annette Weinreb 4062 - Emmanuel Catholic Church Edna Brookman Rita Breslau Loretta Slattery Lois Cohen Jennie Candiotte Marcia Lewis Burdge Diamond 4072 - Sun Sentinel Building 7150 - Temple Sinai 4084 - St. Paul's Episcopal Church 4012 - Banyan Creek Elementary School 4058 - Delray Beach Municipal Golf Course 4066 - Pines of Delray East 7168 - Community Center Elayne Diamond 4060 - 505 Club Gerald Patterson 4048 - Veterans Park Recreation Center Doris Saulle 7166 - Village Academy CITY OF DELRAY BEACH MUNICIPAL ELECTION MARCH 11~ 2003 (POLLWORKER LIST) PRECINCT ADVISOR PRECINCT NO. Lenore Morris 4052 - Lakeview Baptist Church Helen Felt Nathan Cosnowsky 4082 - Boca-Delray Church of Christ 7154 - Pompey Park Recreation Center Robert Fox 4060 - 505 Club Herbert Bloom 4048 - Veterans Park Recreation Center Lisa Dean Nechama Glasrot Myra Budnick Deborah Bostwick Coralie Cosnowsky Patricia Corbett Rafael Huesca, Jr. Edith Quinn Morton Ross Shirley Kliger Betty Doerr Linda Walker Renee Frumin Lawrence Diou Janice Smith Neil Brooks 4084 - St. Paul's Episcopal Church 4080 - Lake Delray Apartments 4066 - Pines of Dekay East 7166 - Village Academy 4012 -Banyan Creek Elementary School 4058 - Delray Beach Municipal Golf Course 4072 - Sun-Sentinel Building 7150 - Temple Sinai 7168 - Community Center 4014 - Pines of Delray North 4050 - Country Manors Association 4166 - Abbey Delray South 7142 - Church of the Palms 4064 - Orchard View Elementary School 7144 - Old School Square 4062 - Emmanuel Catholic Church Alvin Heckler 4056 - West Park Baptist Church CITY OF DELRAY BEACH MUNICIPAL ELECTION MARCH 2003 (POLLWORKER LIST) INSPECTOR Doris Goldberg Beatrice West Veronika Morvai Blanche Ginsberg Ethel Fromm Edward Bitet Barbara Harrison Vera Farrington Gwendolyn Green Lula Hayes Lidia Nahoum PRECINCT NO. 4052 - Lakeview Baptist Church 4052 - Lakeview Baptist Church 7146 - Lakeview Baptist Church 7146 - Lakeview Baptist Church 4082 - Boca-Delray Church of Christ 4082 - Boca-Delray Church of Christ 4082 - Boca Delray Church of Christ 7154 - Pompey Park Recreation Center 7154 - Pompey Park Recreation Center 7154 - Pompey Park Recreation Center 4060 - 505 Club Richard Gallo 4060 - 505 Club Jeanne Kurth 4060 - 505 Club Doris Lessner 4060 - 505 Club Luise Piane 4070 - 505 Club Renee Blum 4070 - 505 Club Gertrude Stein 4048 - Veterans Park Recreation Center Faye Braverman 4048 - Veterans Park Recreation Center David Farber 4048 - Veterans Park Recreation Center Mary Lurvey 4018 - Veterans Park Recreation Center Morton Klibonoff 4018 - Veterans Parks Recreation Center Johannes Liu 4084 - St. Paul's Shirley Glassman 4084 - St. Paul's Ruth Kahn 4084 - St. Paul's Louise Edwards 4084 - St. Paul's Damiel Noto 7176 - St. Paul's Jack Lessner Anita Berliner Made Marconi Josephine Leuzzi Shirley Zipkin Helen Carannante Beatrice Rosenberg Bernice Bilow Christine Wilson Episcopal Church Episcopal Church Episcopal Church Episcopal Church Episcopal Church 7176- St. Paul's Episcopal Church 4080 - Lake Delray Apartments 4080 - Lake Delray Apartments 4080 - Lake Delray Apartments 4066 - Pines of Delray East 4066 - Pines of Delray East 4068 - Pines of Delray East 4068 - Pines of Delray East 7166 - Village Academy LaVira Brin Fred Ash Joseph Krochak Regina Dellon Diane Botton Adele Nosowitz Lilyan Kanir Anthony Mendillo Dorothy Nanna Anne Schofield Harvey Kresch Elfrieda Ristau Doris Hannum Harry Alter Eleanor Morgan Janice Magrone Alvin Cohen Carol Berman Albert Berman Eleanore Kresch Rose Port Kenneth Leiner Albert Romano Michael Hersh Mary Howard Esther Huesca Theodore Taldon Sylvia Cassillo Lee Dennett Katherine Lutz Juanita Shaul Raymond Stulberger 7166 - Village Academy 7166 - Village Academy 4012 - Banyan Creek Elementary School 4012 -Banyan Creek Elementary School 4012 - Banyan Creek Elementary School 4012 -Banyan Creek Elementary School 4058 - Delray Beach Municipal Golf Course 4058 - Delray Beach Municipal Golf Course 4058 - Delray Beach Municipal Golf Course 4058 - Delray Beach Municipal Golf Course 5062 - Delray Beach Municipal Golf Course 4072 - Sun Sentinel Building 4072 - Sun Sentinel Building 4072 - Sun Sentinel Building 4072 - Sun Sentinel Building 4076 - Sun Sentinel Building 4076 - Sun Sentinel Building 4076 - Sun Sentinel Building 7150 - Temple Sinai 7150 - Temple Sinai 7150 - Temple Sinai 7164 - Temple Sinai 7164 - Temple Sinai 7168 - Community Center 7168 - Community Center 7168 - Community Center 4014 - Pines of Delray North 4014 - Pines of Delray North 4050 - Country Manors Association 4050 - Country Manors Association 4166 - Abbey Delray South 4166 - Abbey Delray South Hope Elaine Farber Francis A. Meyers Rena Gregory Martin Zabin Bernice Neuhause Dorothy Goldberg Beverly Falb Anthony Geraci 4166 - Abbey Delray South 4166 - Abbey Delray South 7142 - Church of the Palms 7142 - Church of the Palms 7142 - Church of the Palms 7148 - Church of the Palms 4064 - Orchard View Elementary School 4064 - Orchard View Elementary School Sara Beaver Mary Civitano Shirley Edelson Evelyn Hersh Jean Alter Gilbert Berliner Judith Schorr David Fromm Alice Shultz Agnes Bolling Norton Rosenberg 4064 - Orchard View Elementary School 7144 - Old School Square 7144 - Old School Square 7144 - Old School Square 4062 - Emmanuel Catholic Church 4062 - Emmanuel Catholic Church 4062 - Emmanuel Catholic Church 4062 - Emmanuel Catholic Church 4056 - West Park Baptist Church 4056 - West Park Baptist Church 4056 - West Park Baptist Church MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AI3ENDA ITEM # (oxLa . REGULAR MEETING OF FEBRUARY 15, 2003 FINAL PLAT APPROVAL/SEABREEZE ISLES FEBRUARY 14, 2003 This is before the Commission to approve the final subdivision plat for Seabreeze Isles. The plat is a replat of Lots 13, 14, 15, 16, and 17 of Block 156 of Seabreeze Park. The property is located on the west side of Seabreeze Avenue and south of Lowry Street. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Seabreeze Isles. S:\Ctty Clerk\chevelle folder\agenda memos\Final Plat Seabreeze Isles.2.18 03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: PROJECT: ACTION: Mr. David T. Harden William A. Grieve, P.E. ~ 0~.~ February t3, 2003 Seabreeze Isles Subdivision Plat Approval The attached agenda request is for Commission approval of the plat for Seabreeze Isles. Also attached is a location map and reduced copy of the plat. The property is located on the west side of Seabreeze Avenue and South of Lowry Street. The Seabreeze Isles plat is a replat of Lot 13, 14, 15, 16, and 17 Block 156 of Seabreeze Park. The Subdivision/plat was approved by the Planning and Zoning Board on November 18, 2002. Please place this agenda request on the February 18, Commission Agenda. enc cc TAC file file: S:\EngAdmin\TAC~seabreeze isles\plat agenda memo 02-18-2003 02.doc Printed: 2/13/2003 ATLANTIC AVENUE ENVIFIONMENTAL 8ERVK:::E8 DEP~ LOCATION MAP N~dd ]Z3]NS~]$ 'ggl NDO?8 ,00 R MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~_ AGENDA ITEM # "~k._~ REGULAR MEETING OF FEBRUARY 18, 2003 RESOLUTION NO. 7-03 (SUPPLEMENTAL FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANTS PROGRAM) FEBRUARY 14, 2003 This is before the Commission for the approval of Resolution No. 7-03. The resolution is needed for the acceptance of the supplemental grant award from the Palm Beach County Emergency Medical Services Grants Program in the amount of $10,833.30. In addition, it demonstrates that the Delray Beach Fire and Emergency Medical Services Department, in fact, represents the Emergency Medical Services for the City and that the equipment or services purchased with these funds expands and improves the level of care provided to our citizens. The funds will be used to purchase six (6) Automated External Defibrillators (AED's) for the Fire Safety Division staff cars and the Special Operations Coordinator's staff vehicle. Recommend approval of Resolution No. 7-03 accepting supplemental funds from the Palm Beach County Emergency Medical Services Grants Program. S:\Cay Clerk\chevelle folder\agenda memos\Res 7-03.EMSGrants.0Z 18.03 £1TY OF I)ELAI:IY BE;I£H FIRE DEPARTMENT DELRAY BEACH AII.Ame&a C~ 1993 SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH MEMORANDUM TO: Barbara Garito, City Clerk /~ ~ l FROM: Robert Moreland, Division Chief DATE: February 4, 2003 SUBJECT: Information Requested for Resolution A supplemental grant has been awarded through the Palm Beach County EMS Grant Awards Program. The primary grant resolution went before the Commission on May 7th 2002, Resolution No. 40-02. An additional resolution is needed to accept the supplemental award which is for the purchase of six Automated External Defibrillators (AEDs). These will be placed in the Fire Safety Division staff cars and the Special Operations Coordinator's staff vehicle. The amount awarded for the AEDs is $10,833.30 and will cover the entire cost of the devices, as well as the accessories. FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Pnnted on Recycled Paper RESOLUTION NO. 7-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING SUPPLEMENTAL FUNDS FROM THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY 2002/2003. WHEREAS, the De[ray Beach Fire and Emergency Medical Services Depa~unent represents the emergency medical services interests of the City of Dekay Beach; and WHEREAS, the Dekay Beach Fire Depa~unent is requesting supplemental funding for FY 2002/2003 through the Palm Beach County Emergency Medical Services Grant Award program for the purchase of six (6) Automated External Defibrillators (AED's); and WHEREAS, the City of Dekay Beach Fire Depamnent is eligible to receive funds collected by the Office of Emergency Medical Services pursuant to Chapter 401.113, Florida Statutes; and WHEREAS, the equipment to be purchased with these funds will enhance the City's overall emergency medical services operation and improve the delivery and level of emergency medical care provided to the citizens of and visitors to the City of Dekay Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor of the City of Delray Beach is hereby authorized to execute all documents, which are necessary to complete the request for, funds from the Palm Beach County Emergency Medical Services Grant Award program. PASSED AND ADOPTED in regular session on this the 18~h day of February, 2003. ATTEST: MAYOR City Clerk MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ - REGULAR MEETING OF FEBRUARY 18, 2003 RESOLUTION NO. 11-03 FEBRUARY 14, 2003 This is before the Commission to approve Resolution No. 11-03 supporting the Annual Beach Management Trust Fund. At the Special/Workshop Meeting on February 11, 2003, it was the consensus of the Commission to proceed with this resolution. Recommend approval of Resolution No. 11-03. S:\C~ty Cierk\chevelle folder\agenda memos\Resl 1-03.Z18.03 RESOLUTION NO. 11-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ANNUAL BEACH MANAGEMENT TRUST FUND. WHEREAS, Florida's number one tourist attraction is its beaches and beach-related tourism has a $41.6 billion impact on the state's economy; and WHEREAS, beaches contribute over $1 billion in tourist-related sales tax revenues annually; and 442,000 jobs are created by beach-related tourism, with an $8 billion payroll resulting from additional spending related to Florida's beaches; and WHEREAS, over half of Florida's 825 miles of sandy beaches are experiencing erosion, with 333 miles designated by the Depatmaent of Environmental Protection as critically- eroded; and WHEREAS, the Florida Legislature, pursuant to Chapter 161, F.S., has declared beach erosion to be a serious threat to the economic and general welfare of the state and its residents; and has further declared it to be a necessary responsibility to preserve Florida's beaches and make provision for beach nourishment projects; and WHEREAS, the Florida Legislature in 1998, pursuant to s. 161.091, and s. 201.15 (11), provided that designated funding of $30 million annually shall be deposited in the Ecosystem Management and Restoration Trust Fund, and that documentary stamp tax revenues shall be the source of that funding; and WHEREAS, this $30 million allocation has enabled Florida to develop a consistent, adequately-funded, priority-driven, long range management program to address critical erosion; and WHEREAS, this program represents a cost-effective intergovernmental partnership which leverages a dollar for dollar local government match, and up to 65% of the total project cost from federal sources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach, Florida strongly urges the Florida Legislature to fully fund the Department of Environmental Protection's beach erosion control project priority list for FY 2003-2004 for $30 million as provided for in Chapters 161 and 201, Florida Statutes. Section 2. The City of Delray Beach, Florida respectfully requests that the Florida Legislature oppose any legislative efforts to amend existing law which allocates $30 milh'on annually in certain documentary stamp tax revenues to the Ecosystem Management and Restoration Trust Fund for purposes of beach reservation and repair. Section 3. The City Clerk is hereby directed to provide copies of the resolution to Governor Jeb Bush, Senator Ken Pruitt, Senator Charlie Clary, Representative Bruce Kyle, Representative Stan Mayfield, and Representative Jerry Paul. 2003. PASSED AND ADOPTED in regular session on this the 182 day of February, ATTEST: MAYOR city Clerk 2 Res. No. 11-03 CHAIR Dr Jan Stagger C~ty of Naples VICE CHAIR Bnan Flynn M~am~-Dade County SECRETARY/ TREASURER Monte Blews Santa Rosa Island Aufhonty DIRECTORS: Virginia l~arker Brevard County Dr Robert Dean Un~versdy of Flonda Don Donaldson Marhn County Albert P Dusey Town of Palm Beach Ahson Hagerup Capttva Steve H~gg~ns Broward County Malcolm McLouth Canaveral Poh- Authonty Roland OtTohni Lee County Dawd K Roach Florida Inland Nowgahon D~stnct Jim Spurgeon Town of Jupiter Island EX-OFFICIO: Paden Woodruff Flonda DEP George Strain Corps of Engineers Tom Campbell, P E Enk Ol~en, P E W~lham Strange, Pin D STAFF: PRESIDENT Stan Ta~t EXECUTIVE DIRECTOR David Tad GOVERNMENTAL AFFAIRS Deborah E Flack NEWSLEI-i'ER EDITOR Kate Gooderham FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION A League of C~hes and Counhes on Beach and Coastal Issues January 29, 2003 URGENT 2952 Welhngton C~rcle ~allainassee, Flonda 32309 (850) 906-9227 (850) 906-9228 FAX www fsbpa cam RECEIVED FE . 3 - 2003 CiTY I~.~A!IAGER To: From: Re: Coastal City Managers and County Administrators Start Tait, President Resolution to Save the $30 Million Annual Beach Management Trust Fund In an effort to balance the budget, Governor Bush has recommended diverting $15 million of the $30 million in the beach trust fund, which is funded from the real estate documentary stamp tax. That could be very bad news for your community. There is real concern here that if this recommendation is adopted that the beach trust fund will be abolished entirely. And that would be the death knell for an orderly, priority-based, long-range approach to beach preservation in Florida. Five years ago, a large majority of Florida's coastal cities and counties adopted a resolution that led to creation of the beach management trust fund. It was passed unanimously by both houses of the Legislature. And it has worked very well since, enabling the restoration of many miles of eroded beach. Now we ask your help again. FSBPA, which is a "league of cities and counties" on beach issues, urges your commission to again pass a resolution to save the trust fund. Attached is a sample resolution. Time is of the essence. The Legislature hopes to finish its budget fairly early in the session this year. So please move on this resolution at your earliest opportunity. It would be greatly appreciated if you would send me a copy of any resolution on this issue passed by your commission. Thanks. printed on recycled paper WHERE TO SEND YOUR RESOLUTION GOVERNOR Governor Jeb Bush Office of the Governor PL 05 The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 SENATE APPROPRIATIONS COMMITTEE Senator Ken Pruitt, Chairman Capitol Office: Room 214 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 SENATE APPROPRIATIONS SUBCOMMITTEE ON GENERAL GOVERNMENT Senator Charlie Clary, Chairman Capitol Office: Room 420 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 HOUSE APPROPRIATIONS COMMITTEE Representative Bruce Kyle, Chairman 221 Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 HOUSE APPROPRIATIONS COMMITTEE Representative Stan Mayfield, Vice Chairman 212 Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 HOUSE AGRICULTURE AND ENVIRONMENT APPROPRIATIONS SUBCOMMITTEE Representative Jerry Paul, Acting Chairman 410 House Office Building 402 South Monroe Street Tallahassee, FL 32399-1300 FOR NAMES AND ADDRESSES OF SENATE AND HOUSE MEMBERS OF YOUR LOCAL LEGISLATIVE DELEGATION GO TO THE FLORIDA LEGISLATURE WEB SITE AT: http://www.leg.state.fl.us MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ,o.-- _ REGULAR MEETING OF FEBRUARY 18, 2003 REQUEST FOR SIDEWALK DEFERRAL/506 ANDREWS AVENUE FEBRUARY 14, 2003 The attached agreement is between the City and Garret Bender to allow the waiver of the requ/rement to construct a sidewalk pursuant to Land Development Regulations Section 6.1.3 (12))(1)(1>) to install a sidewalk within the right-of-way in front of a single-family residential lot (506 Andrews Avenue) located on the northwest comer of Andrews Avenue and Island Drive. Currently, there are no sidewalks in this area and no plans to install sidewalks on Island Avenue or the west side of Andrews Avenue. Therefore, staff is in support of the developer's request to have the sidewalk in front of 506 Andrews Avenue deferred. Recommend approval of the sidewalk agreement and request to allow the deferral of the sidewalk improvements until such time as the City requests the sidewalk to be constructed. S:\Cay Clerk\chevelle folder\agenda memos\S~dewalkDeferralRequest.02.18.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L. Krejcarek, P.E. 31-Jan-03 City Commission Agenda Item Sidewalk Deferral Request 506 Andrews Avenue The attached agenda item is a request for a deferral of sidewalk installation in front of 506 Andrews Avenue. This lot is a single family residential lot located on the northwest corner of Andrews Avenue and Island Drive. There currently are no sidewalks on Island Drive and there is an existing asphalt walkway on the east side of Andrews Avenue. Although a sidewalk may be installed at some point in the future, there are no plans to install a sidewalk on Island Drive or the west side of Andrews Avenue. Therefore, I am supporting the developer's request to have the sidewalk in front of 506 Andrews Avenue deferred. The attached map indicates the location of this sidewalk deferral. Please place this item on the 18 Feb 2003 Commission Agenda. Thanks. eric cc Richard Hasko, P.E. file S:~EngAdminVetters~RLK~SIDEWALK~506 andrews deferral agenda memo 18feb2003.doc 14TH ST (LAKE AVE) LAKE AVENUE S II-- BOND I ~ ~BUSH ~ [ HAMM( ~ E 7T~ ST z DRIVE ~ ~ Cl~ of DELRAY BEACH 506 ANDREWS AVENUE DA~ 1-~2003 E~NME~AL 8E~CE8 ~P~E~ SIDEWALK DEFERRAL Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Dekay Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this Z 7_. day of ~/~,~,10g~x/ 200__, between the City of Delray Beach (hereinafter the City) and (~_-D/~r ~~"7~ (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ~(~0s~ ~,._[.~ca4q,~) . until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the ~' ,~ ~, ~-.~ ~)~'1~'~, ~ ¢c/, right-of-way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the ~O~l~; _~.'-~c~,gO I'~P_ right-of-way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall mn with the land. This Agreement shall be receded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this ~ day of ATTEST: ,200 . City Clerk Approved as to form and sufficiency: CITY OF DELRAY BEACH, FLORIDA By: Mayor City Attorney OWNER: (PI~'~ ty~e or print name) (Please type or print name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of ~"~,.~., ~.£d, ,200<~ by ("'.L, ~. 5' 5'f~r~ (name of officer or agent), of (name of corporation), a ,,.~ (State or place of incorporation) co~oration, on behalf of the corporation. ~~ ~t~ox~n t_o_~_m,e~-or M, ms::0/Jnln~ ~P~F~'-~.c-? (~' ~ ~ (type of iden/ti'fi'-cation) not take an oath. ~ ' / State of (SEA ) agtfs~dewalk deferral a~eement [IT¥ OF DELRII¥ BEIIgH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 '1993 DATE: Wnter's Direct Line 561/243-7091 MEMORANDUM February 5, 2003 TO: FROM: City Commission......____ {1~,.. --,,._-. - Brian Shutt, Assistant City Attorney SUBJECT: NPDES Second Term Permit Interlocal Agreement The EPA, in 1996 issued a National Pollutant Discharge Elimination System (NPDES) permit to 40 governmental entities in Palm Beach County regarding monitoring and treatment of stormwater runoff. The Florida Department of Environmental Protection (FDEP) now issues the permits. The permit contains certain obligations and responsibilities that are more economical if performed jointly by all permittees. The Northern Palm Beach County Improvement District (NPBCID) acts as the lead permittee for Palm Beach County with most of the municipalities of Palm Beach County acting as co-permittees. The NPBCID administers the requirements of the NPDES permit issued to the 40 governmental entities. The parties had previously executed an Interlocal Agreement regarding the NPDES permit in 1997. That agreement was to expire on September 30, 2002, however, the parties executed an amendment to that agreement to extend it until such time as the parties could adopt this Second Term Permit Interlocal Agreement. The Second Term Permit Interlocal Agreement is now ready for adoption by the parties and shall extend until November 17, 2007. By copy of this memo to David Harden, our office requests that this item be placed on the February 18, 2003 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer %F Changes in NPDES 2na Term Permit Agreement. Since Florida Department of Environmental Protection (FDEP) has taken over issuance of the NPDES permit all references to EPA have been changed to FDEP. All references have been changed to indicate that this agreement is for the "NPDES Second Term Permit" Sect 3.01 Term of Permit Nov 18, 2002 - Nov 17, 2007, (old permit term Feb 1, 1997 - Sep 30, 2002) Sect 4.03 Renewal Automatically renews after Nov 17, 2007, (old agreement expired after Sep 30, 2002). This allows for the time needed for re-application of permit. Sect 5.01 Scope of Work Added subsection to include "timely payment of all applicable permit fees" Sect 6 added the following paragraph: "As required by Sect 2 of the Resolution adopted by the Lead Permittee on Sep 24, 1997 approving the NPDES Steering Committee Administrative Guidelines for Collection, Management and Distribution ofNPDES Interlocal Agreement Funds, attached hereto as Attachment "B", said guidelines are hereby incorporated by reference into this Interlocal Agreement." Sect 8.02 Effect of Termination (new section) This subsection was added to address the responsibilities of any co-permittee that wishes to implement the NPDES permit on their own. With Phase 2 now in effect, ifDelray opted out of this agreement, we still would have to obtain a permit on our own. MANLIrY P. CALDWELL, JR. KENNETH W. EDWARDS CHARLES F. SCHOECH MARY hi. VlATOR JAMES L. WATT BETSY S. BURDEN JOHN A. WEIG C3,LDW'ELL ~ P3.CETTI ATTORNEYS AT LAW SUITE 300 324 ROYAL PALM WAY LLP TELEPHONE: (561) 655~0620 TELECOPIER: (56l) 655-3775 E-HA~L: floridalaw~eartbhnk net PLEASE REPLY TO POST OFFICE BOX 277S PALH BEACH, FL 334~0-2775 February3,2003 Brian Shutt, Esq. City Attorney City of Delray Beach 200 N.W. 1 st Avenue Dekay Beach, FL 33444 Northern Palm Beach County Improvement District (NPBCID)/Lead Permittee NPDES Second Term Permit Interlocal Agreement Dear Brian: Enclosed please find three (3) original Agreements to be executed as required by the NPDES Second Term Permit. Please have these Agreements approved and signed by the appropriate representatives and return all three to our office as soon as possible. We will then have them executed by the Lead Permittee and filed with the Clerk of Court. One fully executed original will be returned to you for your files. Please let us know if you have any questions concerning the above. Thank you very much for your assistance. Sincerely, Betsy S. Burden BSB/slc Enclosures U:~le~B SB~lOR~ixles~ltr DelrayBeach.wpd RECEIVED FEB 0 2003 crl¥ ATrORNE NPDES SECOND TERM PERMIT INTERLOCAL AGREEMENT This Agreement shall be effective as of the ~ day of ,2003 ("the Effective Date"), and is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred to as "the Lead Permittee"), and (hereinafter referred to as the "Co-Permittee"). WITNESSETH: WHEREAS, the United States Environmental Protection Agency (hereinafter referred to as "EPA") on the 9th day of December, 1996, issued its National Pollutant Discharge Elimination System ("NPDES") Permit No. FLS000018 (hereinafter referred to as the "NPDES Permit") to governmental entities designated as the Palm Beach County-Municipal Separate Storm Sewer System Permittees (hereinafter referred to as "the Permittees"); and WHEREAS, EPA has since delegated its regulatory and enforcement authority relating to this permit to the Florida Department of Environmental Protection ("FDEP"); and WHEREAS, Section 403.0885, Florida Statutes, established the federally approved state NPDES Program; and WHEREAS, FDEP Rule 62-4.052, F.A.C., implemented an annual regulatory program and fees to effect the legislative intent that FDEP's costs for administering the NPDES Program be borne by regulated parties; and WHEREAS, the Permittees timely filed a re-application to FDEP to be granted a renewal for the second term of the NPDES Permit (hereinafter referred to as "the NPDES Second Term Permit"); and WHEREAS, on November 18, 2002, FDEP granted said Second Term Permit with certain conditions enumerated therein; and WHEREAS, the NPDES Second Term Permit, like the NPDES Permit, contains certain separate obligations and responsibilities on the part of each individual Permit'tee, as well as some obligations and responsibilities that may be performed jointly by ail of the Group Permittees; and WHEREAS, due to the number of Group Permittees and the tasks that must be performed under the NPDES Second Term Permit, it would be most economically and administratively feasible to allocate duties, responsibilities, and costs associated therewith under the terms of this Agreement; and WHEREAS, the Permittees have established a 6-member Steering Committee comprised of 2 representatives of large municipalities, 2 representatives of smaller municipalities, 1 representative of special districts, and 1 representative of Palm Beach County, which Committee coordinates the joint activities in Palm Beach County's NPDES Program, including but not limited to recommending to the Lead Permittee retention of necessary consultants to execute the Program; and WHEREAS, the parties had previously executed Agreements in 1997, with Palm Beach County's execution in 1998 and the Florida Department of Transportation' s (FDOT' s) execution of a Joint Participation Agreement in 1999, setting forth the terms and conditions of the parties' obligations and responsibilities required of them during the first 5 years of the NPDES Permit; and WHEREAS, these agreements were extended by the parties prior to the termination date of September 30, 2002, until generally such time as the parties execute additional agreemems as required by the NPDES Second Term Permit; and WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part 1 of Florida Statutes, to enter into this additional Interlocal Agreement and do hereby wish to adopt, ratify and confirm the provisions and incorporation herein of Subparagraph (9) of Section 163.01, Florida Statutes. NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, the undersigned parties, for and in consideration of the mutual benefits set forth herein, do hereby enter into this Interlocal Agreement and represent, covenant, and agree with each other as follows: SECTION ONE REPRESENTATIONS 1.01. Recitals. The recitals and representations as set forth hereinabove are tree and correct to the best of the knowledge of the parties and are incorporated herein by this reference. SECTION TWO DESIGNATION OF PARTIES 2.01. Lead Permittee. Northern Palm Beach County Improvement District is hereby designated as the Lead Permittee for the purposes of this Agreement and the NPDES Second Term Permit. 2.02. Co-Permittee. The is hereby designated as a Co-Permittee for the purposes of this Agreemem and the NPDES Second Term Permit. 2 SECTION THREE NPDES SECOND TERM PERMIT 3.01. Term of Permit. The NPDES Second Term Permit has an issuance date of November 18, 2002 (the "NPDES Second Term Permit Issuance Date") and an expiration date of November 17, 2007 (the "NPDES Second Term Permit Expiration Date"). 3.02. Annual Reports. The NPDES Second Term Permit requires that certain reports be submitted to FDEP generally on an annual basis throughout the duration of the NPDES Second Term Permit. SECTION FOUR TERM OF AGREEMENT 4.01. Term. The anticipated term of this Agreement shall be from the Agreement's Effective Date through November 17, 2007, but subject to an annual Fiscal Year (as hereinafter defined) renewal process pursuant to the following Section 4.03, unless otherwise terminated in accordance with other provisions of this Agreement. 4.02. Fiscal Year. The term "Fiscal Year" is def'med for the purposes of this Agreement as the following fiscal year periods: (i) 2002 - from October 1, 2002 through September 30, 2003. (ii) 2003 - from October 1, 2003 through September 30, 2004. (iii) 2004 - from October 1, 2004 through September 30, 2005. (iv) 2005 - from October 1, 2005 through September 30, 2006. (v) 2006 - from October 1, 2006 through September 30, 2007. (vi) 2007 - from October 1, 2007 through September 30, 2008. 4.03. Renewal. This Agreement shall be automatically renewed as of the beginning date of each Fiscal Year, and at the beginning of the Fiscal Year commencing immediately after the conclusion of the 2007 Fiscal Year, and will remain in full force and effect during the pendency of any re-application or renewal of the NPDES Second Term Permit until such time as FDEP grants same, unless a party to this Agreement provides written notice of non-renewal to the other party at least thirty (30) days prior to the end of the prior Fiscal Year, or unless the Agreement has been previously terminated as provided herein. SECTION FIVE SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS 5.01. Scope of Work The Scope of Work contemplated under this Agreement is applicable to the implementation and execution of the NPDES Second Term Permit, which Permit is incorporated herein, to be facilitated and coordinated by the Steering Committee, and is generally described as follows: (i) The timely preparation, coordination, and execution of all interlocal agreements necessary to carry out the terms of the NPDES Second Term Permit. (ii) The timely preparation, coordination, and submittal to FDEP of all system- wide annual reports. (iii) The timely implementation, coordination, and execution of all monitoring required by Part V.B. of the NPDES Second Term Permit. (iv) The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates as required by Part V.A. of the NPDES Second Term Permit. (v) The timely development, implementation, and execution of all system-wide public education programs required by the NPDES Second Term Permit. (vi) The timely development, implementation, and execution of all storm water management programs required by the NPDES Second Term Permit. (vii) The timely preparation, coordination, and distribution of standardized forms necessary to carry out the terms of the NPDES Second Term Permit. (viii) The timely payment of all applicable permit fees. (ix) The timely and adequate performance of any other necessary and reasonable task required by the NPDES Second Term Permit. 5.02. Allocation of Duties and Obligations (i) The Lead Permittee shall be responsible for those duties and obligations which are specifically identified and delineated in Attachment "A" which is attached hereto and incorporated herein (the "Lead Permittee Services"). 4 5.03 · oa~i'fi t!o s t °mmtyin theNp ~suct~ °therdut. It is Understood an to the terms of th d Agreernent .~ _ e NPDE$ ~_ _agreed that ~_ . are eXPressly - '~Uaecl fro,,, rerrm't rna.~? s_, raudilica,;~._ ,,m and not ~ ~..,_ ~ SUbsequent ~2'uns, ?visio ... ~' °uoject ofn.:o ~--' ~' the Effe~.. ns,~or add/t/on° F ,Said · nt of ttee A . . Lead Pe · a pa Due to the 'der to c~,,,, o ~al costs the ~ of o 'Yment arno,~, above ,~_ ~..r ut the r_ _ _ ~ead ,unounl ~[~. . ,~u on an -~ , mepartioo ~,eacl Pern~ittee ces. Y the Co~Per~. 6.02. P~ri r '"m~ttee to _ more ma. so ~ ~ attire a Permittee purs. ~--~-~_Undint, 'r~ the LeacI m . nably e ..... t relates t,, ~t . uant to a.~' ~ne parti~_ *crtn/ttee for *tmCUlate the ~mg the 2002 ,.. o. aa Used fo- '~r~scal Yea,. ' meprovisi..- 'ffr~ereannt;_ Emt°~'thth,.r ~ v.'UuoYther,,, th 6.03. ~i. B ~a ,ua Perrnitte,. o *'~OCess fort~,~ ,, '~"mtteethat epart/es agree ~e sum W/u'c ~t. In ., · Fiscal v~ h represents ,~ 003 Fiscal Y'e~- ?clition to ~ "rertnittee C · - ~ur terrr~ * me Corn · -"~, the C the fttnds re °ntingencv ,~,._ of this A~.. bmed payrn~. ~'Permittee ~ vms ~erne ,.mot ~ttl al ,,OOVe · ~-' ~xeserve FUnd 6.04. Reserve Contingency. The parties acknowledge that each Fiscal Year payment required to be paid by the Co-Permittee to the Lead Permittee for the provision of the Lead Permittee Services will include a reserve fund contingency (the "Reserve Fund Contingency") for unexpected additional costs and expenses. The Reserve Fund Contingency amount shall be equal to ten percent (10%) of each Fiscal Year's payment amount. 6.05. Current Funding. The parties acknowledge that the aforementioned funding will be sufficient to satisfy the current NPDES Second Term Permit requirements for the 2002 Fiscal Year unless unexpected additional costs and expenses of the nature described in following Section 7.03 are incurred. 6.06. Future Funding. As to future Fiscal Year payments that will be required to be paid by the Co-Permittee to the Lead Permittee, the parties agree that on or before March 1, 2003, the Lead Permittee shall provide a cost estimate to the Co-Permittee of the amount the Co-Permittee will be requested to pay during the 2003 Fiscal Year, with all subsequent Fiscal Year estimates to be sent on or before March 1 st of each following Fiscal Year. The Lead Permittee and Co-Permittee shall then have until sixty (60) days before the beginning of the next Fiscal Year to agree in writing upon a mutually acceptable dollar amount to be paid by the Co-Permittee to the Lead Permittee for the applicable Fiscal Year, all of which shall be paid pursuant to Section Seven of this Agreement. If, however, the parties cannot agree upon a mutually acceptable dollar amount by the aforementioned deadline, then in that event this Agreement shall be deemed terminated unless otherwise agreed to in writing by and between the parties. 6.07. 2006 Fiscal Year. It is possible that during the 2006 Fiscal Year, the Co-Permit-tees and FDEP will commence to negotiate or renegotiate the terms of the NPDES Second Term Permit. As a result, allocation of the Scope of Services that are required to be provided hereunder may be modified. Due to this uncertainty, the allocation of each party's duties and obligations hereunder, together with the funding process for provision of services, will be reexamined during the 2007 Fiscal Year of this Agreement. 6.08. Separate Co-Permittee Expenses. Except for such amounts as are required to be paid by the Co-Permittee to the Lead Permittee pursuant to above Sections 6.02 through 6.07, the Co- Permittee shall be responsible for all other costs and expenses relating to its individual duties and obligations under the NPDES Second Term Permit, including but not limited to: (1) all costs of the Co-Permittee's preparation and submittal of such of its own individual Annual Report(s) that may be separately required by the NPDES Second Term Permit, (2) costs of all monitoring that may be the Co-Permittee's individual responsibility, (3) costs of gathering, compiling, coordinating, and submitting all necessary data that may be individually required of the Co-Permittee by the NPDES Second Term Permit, and (4) all other costs of carrying out any other individual responsibility of the Co-Permittee according to the terms of the NPDES Second Term Permit. 6 SECTION SEVEN PAYMENT PROCEDURE The Co-Permittee agrees to pay its annual Fiscal Year payments as follows: 7.01. 2003 Fiscal Year. The 2003 Fiscal Year payment amount specified in above Section 6.03 may, at the option of the Co-Permittee, be paid in either a single lump sum payment due and payable on or before December 15, 2003; in twelve (12) equal monthly installments commencing on October 1, 2003, and thereafter on the 1st day of each subsequent month of the 2003 Fiscal Year (said payment dates being hereinafter referred to as the "Payment Due Dates"); or quarterly payments made on December 1, 2003; March 1, 2004; May 1, 2004; and September 1, 2004. 7.02. Subsequent Fiscal Year Payments. Once a subsequent Fiscal Year payment amount has been agreed to in writing by and between the Lead Permittee and the Co-Permit-tee, the Co- Permittee may, at its option, pay the entire agreed-upon amount in either a single lump sum payment due and payable on or before December 15 of that Fiscal Year; in twelve (12) equal monthly installments commencing on October 1 of that Fiscal Year, and thereafter on the 1st day of each subsequent month of that Fiscal Year (said payment dates being hereinafter referred to as the "Payment Due Dates"); or quarterly'payments made on December 1, March 1, May 1, and September 1 of that Fiscal Year. 7.03. Additional Costs. Since it is possible that following the parties' finalization of an agreed upon Fiscal Year payment amount, unexpected additional costs and expenses may arise which will need to be paid in order for the Lead Permittee to carry out its Lead Permittee Services for that Fiscal Year, and in order to address same, the parties agree as follows: (i) In order to ameliorate the possibility of unexpected additional costs and expenses resulting from the theft, loss, or destruction of equipment required for provision of the Lead Permittee Services, the parties agree that the Lead Permittee is authorized to include as a portion of the cost of providing its Lead Permittee Services, funding for the acquisition of loss, theft, and property damage insurance for said equipment. (ii) If the Lead Permittee determines that unexpected additional costs and expenses must be incurred in order for it to timely provide its Lead Permittee Services, then in that event, the Lead Permittee shall promptly notify the Co-Permittee, in writing, of the nature and estimated amount of the Co-Permittee's allocable share of these unexpected additional costs and expenses, as well as the Lead Permittee's intent to draw down funds from the Co-Permittee's Reserve Fund Contingency in order to pay said the Co-Permittee's allocable share of the unfunded and unexpected additional costs and expenses. (iii) Further, ffthe Co-Permittee's allocable share of the unexpected additional costs and expenses exceeds the amount held in the Co-Permittee's Reserve Fund Contingency account, the Lead Permittee shall include in the aforementioned notice to the Co-Permittee said 7 excess amount. The Lead Permittee and Co-Permittee shall then attempt to negotiate the payment procedure for said unfunded and unexpected additional costs and expenses. (iv) If the Lead Permittee and Co-Permittee are able to agree as to the need and amount of the unfunded and unexpected additional costs and expenses, said agreement shall be reduced to writing and executed with the same formalities of this Agreement. The agreed upon unfunded and unexpected additional costs and expenses shall be divided by the remaining months of that particular Fiscal Year and paid to the Lead Permittee at the same time as the remaining regular Fiscal Year payments pursuant to preceding Section 7.02. (v) If the Lead Permittee and Co-Permittee are unable to agree as to the need and/or amount of the unfunded and unexpected additional costs and expenses then in that event the Lead Permittee may suspend or terminate this Agreement, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co-Permittee. 7.04. Failure to Pay. Unless otherwise agreed to in writing by and between the parties hereto, if a Fiscal Year payment or agreed upon unfunded and unexpected additional costs and expenses payment is not timely paid within thirty (30) days of a Payment Due Date, then in that event the duties and obligations assumed by the Lead Permittee under the terms of this Agreement may be suspended and/or terminated by the Lead Permittee, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co-Permittee unless remedied by the Co- Permittee within said thirty (30) day notice time period. SECTION EIGHT OPTION TO TERMINATE 8.01. Termination. Either party to this Agreement shall have the right to terminate this Agreement, provided, however, that the party wishing to terminate the Agreement must provide thirty (30) days prior written notice to the other party of said terminating party's decision to terminate this Agreement and the termination shall not be effective until said thirty (30) days have elapsed. 8.02. Effect of Termination. In the event of termination of this Agreement by the Co- Permittee, the Co-Permittee shall be individually responsible, as of the effective date of termination, for all requirements of the NPDES Second Term Permit as designated therein as the individual responsibility of the Co-Permittee, and neither the Lead Permittee nor any other Co-Permittee shall be responsible for the terminating Co-Permittee's individual obligations. 8.03. Costs and Expenses. Irrespective of which party elects to terminate this Agreement under one of the optional termination provisions of this Agreement, or in the event of a failure to pay by the Co-Permittee to the Lead Permittee the amounts due under and pursuant to the terms of this Agreement, the parties agree that any costs and expenses previously incurred or obligated to be paid by the Lead Permittee as of the date of its issuance or receipt of a notice of termination shall still be due and owing and the right to collect said mount(s) shall survive the termination of this Agreement. 8.04. Refunds. The parties acknowledge that the Lead Permittee anticipates entering into annual agreements, on a Fiscal Year basis, with one or more consultants or contractors for the provision of certain services required in order for the Lead Permittee to provide its Lead Permittee Services on behalf of all Co-Permittees. In that the Co-Permittee's payments under this Agreement represent only a portion of what the Lead Permittee will have to pay its consultants and contractors for their services, it is unlikely that if this Agreement is terminated for any reason, that the Co- Permittee will be entitled to receive a refund from the Lead Permittee for any monies the Co- Permittee has previously paid pursuant to this Agreement. However, to the extent the Lead Permittee is able to obtain a reduction in its contractual obligations with its consultants or contractors as a result of the termination of this Agreement, then in that event, the Lead Permittee shall be obligated to reimburse the Co-Permittee for the amount of such a reduction in costs and expenses. 8.06. Documentation and Data. In the event this Agreement is cancelled or terminated, all documentation and data previously collected by the Lead Permittee in accordance with its duties and obligations as assumed herein, shall be made available to the Co-Permittee, provided, however, that said Co-Permittee shall be responsible for any costs incurred in making available such documentation. SECTION NINE ENFORCEMENT, VIOLATIONS, AND/OR DEFAULT 9.01. Enforcement. The designation ofone ofthe parties under this Agreement as the Lead Permittee is not intended nor shall it be construed as authorizing, granting or permitting the Lead Permittee to accept or assume any powers of enforcement of the NPDES Second Term Permit as to the other party. 9.02. Violations. Neither party to this Agreement shall be deemed to have assumed any liability for any negligent or wrongful acts or omissions of the other party, and in no event shall any of the provisions of this Agreement be construed as a waiver by either party of the liability limits established in Section 768.28, Florida Statutes. 9.03. Costs and Attorney's Fees. Inthe event of any litigation or administrative proceeding to settle issues arising hereunder, the prevailing party shall be entitled to recover against the other party its costs and expenses, including reasonable attorney's fees, which shall include but not be limited to any fees and costs for any appeal that may be taken. 9 SECTION TEN MISCELLANEOUS PROVISIONS 10.01. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex, facsimile, telegraphic, or electronic mail (e-mall) communication) and shall be (as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated, or mailed by registered or certified mall (postage prepaid), remm receipt requested, to the following addresses: As to Lead Permittee: Caldwell & Pacetti, LLP 324 Royal Palm Way, Suite 300 Palm Beach, Florida 33480 Attn: Betsy S. Burden, Esq. Phone: (561) 655-0620 Fax: (561) 655-3775 As to the Co-Permittee: name) Street Address City zip At-tn: Phone: Fax: 10.02. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. 10.03. Construction. The preparation of this Agreement is considered a joint effort of the parties and accordingly this Agreement shall not be construed more severely against one of the parties than the other. 10.04. Discrimination. The Lead Permittee and the Co-Permittee agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of or be subjected to any form of discrimination under any activity carded out by the performance of this Agreement. 10 10.05. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 10.06. Assignability_. The responsibility for carrying out any task assumed by any party to this Agreement, but not the obligation to pay the amounts required to be paid as hereinabove set forth, may be assigned by any party to this Agreement upon receipt of written approval by the other party, which shall not be unreasonably withheld. 10.07. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible, unless the prohibited or invalid provision reduces the payment obligations of the Co-Permittee, in which event this Agreement may be thereupon terminated by the Lead Permittee. 10.08. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the intemal laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of venue. 10.09. Time of the Essence. Time is of the essence with respect to this Agreement. 10.10. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 10.11. Remedies. The failure of any party to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the fights or remedies that the party may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. 10.12. NPDES Second Term Permit. If there is any inconsistency between the terms ofthis Agreement and the NPDES Second Term Permit, then the NPDES Second Term Permit shall preempt, supersede, and control over the provisions of this Agreement. 10.13. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 10.14. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Court in and for Palm Beach County, Florida. 11 10.15. Effective Date. This Agreement shall be effective as of the last date that it is signed by all parties hereto. 10.16. Termination of Prior Agreements. All previous interlocal agreements or amendments thereto entered into between the parties to this Agreement regarding the application or execution of the NPDES Permit shall terminate as of the Effective Date of this Agreement. IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereinafter written. EXECUTED by Lead Permittee this day of ,2003. ATTEST: BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT By: By: , Secretary (SEAL) Pamela M. Rauch, President EXECUTED by Co-Permittee this day of ,2003. ATTEST: By: (S E A L) By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: U ~c~$B'~Olt.~u~mt. SecoadTerm wpd 12 ATTACHMENT "A" TO NPDES INTERLOCAL AGREEMENT REGARDING SECOND TERM PERMIT LEAD PERMITTEE RESPONSIBILITIES The responsibilities of the Lead Permittee as to the implementation and execution of the NPDES Second Term Permit is generally as follows: (i) The timely preparation, coordination, and submittal to FDEP of the system-wide annual report. (ii) The preparation, coordination, and execution of interlocal agreements necessary to carry out the joint responsibilities of all permittees. (iii) The timely preparation, coordination and execution of any monitoring required by Part V.B. of the NPDES Second Term Permit. (iv) The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates as required by Part V.A. of the NPDES Second Term Permit. The preparation, coordination, and distribution of standardized forms as approved by the NPDES Steering Committee as necessary to carry out the terms of the NPDES Second Term Permit. Coordination and assistance in carrying out the terms of the NPDES Second Term Permit. (vii) Conducting NPDES Steering Committee Workshops and meetings. (viii) The timely remittance of all necessary and reasonable permit fees, subject to the timely and adequate collection of same by all other responsible Co-Permittees. ATTACflMENT "B" ltESOLIYrlO1N OF THE BOA.RD OF SUPERVISORS OF 1NORTHEltAN PALM BEACH COUiNTY EVlPROVENIEMT DISTRICT APPROVING ~ NPDES STEERING CO~'~EvlITTEE AD~ILNISTRATIVE GUIDELINES FOR COLLECTION, ~LAA"[AGEi~IENT AITD DISBURSE~rF. MT OF NPDES RNTEltLOCAL AGREEIVlENT FUNDS Wt-IEREAS, MORTI41~_~Rlq PALM BEACH COUNTY IlVfPROVENfENT DISTRICT ("Northern") is an independent special district duly organized and validly existing under the Comstitution and the Laws of the State of Florida, inc. luding applicable provisions of Chapter 298, Florida Statutes, and Chapter 59-994, Laws of Florida, as amended and/or supplemented; and IgrH]Ei:LEAS, the United States I:.nvironrnental Protection Agency has recently issued its 1Wational Pollutant Discharge El~mination System P. ermit No. FLS000018 (the '"NPDES Permit") which is applicable to a number of goyemmental entities located in palm Beach County, including Horthera; and WHEREAS, the Co-Permittees who make up the gove~mentaI bodies subject to the NPDES Permit have nominated and appointed Northern as the "Lead Permittee" for the purposes of assisting all Co=Permittees in the collection of general data required to be collected pursuant to the NPDES Permit and submission of reports to the Florida Department of Environmental Protection and the United States Environmental Protection Agehcy; and- WHE~AS, as fhe Lead Permkt~, Northern is entering into separate intedocal or Joint Participation Agreements with each of the Co-Perniittees which Agreements set forth the parties' respective duties and obligations regarding fulfillment of the terms and coaditions of the N'PDES Permit; and ' WI-IEP, EAS, a five member N'PDES Steering Conmmittee has been selected by ~e Co- P~ees, w~ch Stee~g Co~mi~ee is comprised of ~o (2) representatives of m~cip~i~es, ~o (2) repres~fives of~ m~cip~i6es, o~e (1) rep~sen~ve of speci~ · ~c~ ~d one (1) represenmdve for P~ Beach Co~; ~d WI-IER.EAS, on September 17, 1997 the NPDES Steering Cornrnlttee, in order to provide a level of accountability and ~cal control for the benefit of all bTPDES Co-Pennittees as it relates to the Interlocal and/or Joint Participation Agreements being entered [nto between Northern and each Co-Pennittee, adopted Administrative Guidelines for the collection, management and disbursement of brPDES Interlocal Agreement Funds, a true and correct copy of which is attached hereto and identified as Exhibit "A" (the '~NPDES Steering Committee AdminLvcrative Guidelines"); and WHEREAS, Northern has been requested to adopt and comply with the aforementioned NPDES Steering Committee Administrative Guidelines for purposes of administering the funds to be paid to it pursuant to each NPDES Interlocal or Joint Pa.~ticipation Agreement. NOW, THEREFORE, be it resolved by the Board of Supervisors of Northern Palm Beach County Improvement District as follows: I. Northem Palm Beach County Imprqvement District does hereby adopt and agree to comply with the terms and conditions of the NPDES Steering Committee Administrative Guidelines. 2. That Northern Palm Beach County Improvement District does hereby incorporate by reference the NPDES Steering Committee Adm{n/strative Guidelines into each NPDES Interlocal and/or 3oint Participation Agreement that it enters into with a Co-Permittee. 3. ~ resolutions or parts of resolutions in cotiflict herewith are hereby repealed. 4. This resolution shall take effect immediately upon its adoption. TI-lIS RESOLUTION PASSED A~ND WAS ADOPTED TIKE 24th DAY OF SEPTElVIBEK, 1997. (DISTRICT SEAL) ATTEST: Peter L. Pimentel, Secretary NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT William L. Kerslake, President U:~i'O R'T1.IF. RI,4~.F~O L ~O F~. WPO 2 NPDES STEERING COMMITTEE A])M. INISTRATIVE GUIDELINES FOR COLLECTION, MANAGEMENT AND DISBURSEMENT OF NPDES INTERLOCAL AGREEMENT FUNI)S The N-PDES Steering Committee, (which is comprised of two (2) representatives of large municipalities, two (2) representatives of smaller municipalities, one (I) representative of special districts and one (1) representative for Palm Beach County), has adopted the following administrative guidelines in order to provi~le a level of accountability, and fiscal control for the benefit of the NPDES Co-Permittees. The administrative guidelines adopted by the Steering Committee are as follows: 1. Alternative NPDES Inter oFoYal A__oTeement Payrnent Schedules. In addition to the two (2) payment options set forth in Paragraph's 7.0I and 7.02 of the N'PDES Interlocal Agreement, a Co-Permittee shall also be entitled to elect to pay the annual Fiscal Year payments on an equal quarterly installment basis. If this additional payment option is selected by a Co-Permit'tee, the quarterly payments for the First Fiscal Year are required to be paid on or before October 1, 1997, January 1, 1998, April 1, 1998 and July i, 1998, with all future Fiscal Year quarterly payments to be paid in accordance with the same quarterly payment schedule. NPBCID will be issuing one (1) invoice to each Co-Permittee for its annual Fiscal Year payment amount, following which the Co-Permit'tee shall then have thirty (30) days from the date of receipt of the invoice within which to select one of the three (3) payment options and to make its initial payment in accordance with the Ol~tisn so selected. 2. ' Incorde and Disbursement Accounting Documentation. (A) A quarterly income and disbursement report shall be prepared by NPBCID. The report shall be delivered to the Steering Committee within forty-five (45) days fo[lowing the end of each Fiscal Year quai'ter and thereafter distributed by the Steering Committee to the representative(s) of each Co-Permit'tee as identified in the NPDES Interlocal Agreements. (B) The quarterly income and disbursement report shall be prepared by NPBCID in accordance with the format set forth in attached Exhibit "A'. 3. Budget Accountin~ Documentation. (A) A quarterly budget accounting report shall be prepared by lqPBCID. The report shall be delivered to the Steering Committee within forty-five (45) days following the end of each Fiscal Year quarter and thereafter distributed by the Steering Committee to the representative(s) of each Co-Permittee as identified in the NPDES Interlocal Agreements. (B) The budget accounting report shall be prepared by NPBCID in accordance with the format set forth in attached Exhibit "B". ' 4. geserve Fund Contingency Expenditures. Prior to any expenditure by NPBCID of funds contained in the Reserve Fund Contingency account identified in the NPDES Interlocal Agreement, NPBCID shall be required to submit its request to the Steering Committee members and receive approval from a super-majority of at least 75% of the Steering Committee members. 5. .Unexpected Additional Costs and Expenses. Prior to NPBCID incurring an obligation that will require a Co-Permittee to pay unexpected additional costs and expenses exceeding the amount held in the Reserve Fund Contingency, NPBCID shall be required to submit to the Steering Committee the nature of the event and the amount of the unexpected additional cost and expense. Upon receipt of such notification, the Steering-Committee shall present the matter to the Co-Permittees at the next regularly scheduled Steering Committee NPDES meeting (unless it is an emergency matter in which event a special meeting will be promptlj, scheduled and notice given to all Co-Permittees) for consideration and vote by those representatives of the Co-Permittees present at the meeting. An affirmative vote by a simple majority (i.e., over fifty percent) of those representatives of the Co-Permittees present at the meeting (with only one (1) representative of each Co-Permittee being entitled to vote on the matter at issue) will be required before NPBCID is authorized to incur the subject unexpected additional costs and expenses. 6. NPDES Interlocal Agreement Budget Adoption Process. All future NPDES Interlocal Agreement Fiscal Year budgets shall be adopted in accordance with the following procedure: (A) On or before M.arch~ 1st of each Fiscal Year, NPBCID shall prepare and present to the Steering Committee a proposed budget for the next Fiscal Year. "(B)' .The Steering Comrdittee shall consider the proposed next Fiscal Year budget at a regular Steering Committee meeting and open the matter to discussion by those Co-Permittee representatives present and attending the meeting. (C) Adoption of the next Fiscal Year's budget shall require the approval of a super-majority of at least 75% of the Steering Committee members. fiD) As a part o,f the Steering Committee's consideration of the next Fiscal Year's budget and calculation of each Co-Pemaittee's allocable share and responsibility for the funding of the budget, the Steering Committee may consider the application of any existing surplus funds as a credit towards each Co-Permittee's allocable funding share. "Surplus funds" for the purpose of this administrative guideline may include unexpended and unencumbered present Fiscal Year funds or Keserve Fund Contingency amounts, plus accrued interest thereon, if any. (E) The Steering Committee sl'iall also be responsible for approving, by a simple majority of those Steering Committee members in attendance (provided'there is a quorum) at a Steering Committee meeting, line item budget transfers. APPROVED AND ADOPTED THIS 17TH DAY OF SEPTEMBER, 1997. U:kNO RTHER..~A OMTSh~4PDES~TEEP. ING.P OL 3 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff~ AGENDA ITEM # ~[,~ - REGULAR MEETING OF FEBRUARY 18, 2003 SERVICE AUTHORIZATION #6/LAWSON, NOBLE & WEBB, INC, FEBRUARY 14, 2003 This is before the City Commission to approve Service Authorization #6 with Lawson, Noble & Webb, Inc. in the amount of $55,862.71 for the design of N.E. 4~ Avenue from East Atlantic Avenue to N.E. 2na Street. The improvements include drainage, water main upgrades, roadway reconstrucfion/resurfacing, and landscaping. Funding is available from the Community Redevelopment Agency (CRA). Recommend approval of Service Authorization #6 with Lawson, Noble & Webb, Inc. for the design of N.E. 4th Avenue from East Atlantic Avenue to N.E. 2nd Street. S:\City Clerk\chevellc folder\agenda memos\SerwceAuth.#6Lawson, Noble, & Webb.02.18 03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L. Krejcarek, P.E. p~ 03 Feb 2003 NE 4t~ Avenue - East Atlantic Avenue to NE 2nd Street Service Authorization # 6 wi Lawson Noble Webb, Inc. Commission Agenda Item Project # 2003-038 The attached agenda item is for Commission authorization/approval for Mayor to execute service authorization #6 with Lawson Noble and Webb, Inc. for the design of NE 4th Avenue from East Atlantic Avenue to NE 2"d Street. These proposed improvements include: drainage, water main upgrades, roadway reconstruction/resurfacing, hardscaping and landscaping. The cost of this service authorization is $55,862.71 and funding is provided by the CRA (see attached letter). The attached map shows the project locations. Please place this item on the 18 Feb 2003 Commission Agenda. Thanks ertc cc; Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file S:~EngAdrninV=rojects~2003~2003-O38~OFFIClAL ~.O03-02-18 agenda memo. doc N.E. 2ND I , I (.9 I I.,~l / ~'1: ,,/. ~ t'...~ I~ "--/I ?'q I i/ , , /, I ~ , l , N.E. /, 1ST ', ' I , , i ' i ~ '' i Q , I; ~ /, ',T T f ¢l ,' -.: r/ : r '-- ........ ATLANTIC AVE. ;,,¢- '*~"CITY of DELRAY BEACH LOCATION MAP C,Ti ,, ,.-..;,.:,'.:~;., N.E. 4TH AVE. q,*,%~'~--';'~ 4MOOUTHO~NfONA~E, MI. RAYI,U::=H.R.O~O~M44 Proi. # 2003-038 1 of 1 DE LRAY BEACH COMMUNITY ~.EDEVELOPMENT AGENCY February 3, 2003 Randal Krejcarek City Engineer 434 S. Swinton Avenue Delray Beach, Florida 33~.~.~. RE: Design Fees - NE 4th Avenue; Lawson,Noble & Webb Dear Randal, The purpose of this letter is to verify that funding is available from the CRA for payment of design fees in connection with the improvements to the 100 and 200 blocks of NE 4~ Avenue. The funding amount, $55,863, will cover the cost of activities outlined in the Consulting Service Authorization submitted by Lawson, Noble and Webb for this project. The funds are available in the CRA's 2003 budget under the category of Downtown Core Improvements, subcategory: Alley and Street Improvements. As we have discussed, the purpose for funding the design this year is that there are several privately initiated projects being proposed for these blocks (i.e. Louis Carbone property, Leigh Gove property). We want the design to be completed so that the work can be coordinated with these projects if the timelines permit. The actual construction of the street improvements will occur in the next fiscal year (2003--2004). Please provide us with a copy of the executed Consulting Service Authorization agreement when it becomes available. Also, please keep us in the loop with regard to the progress that is being made with the design. We would like to offer our assistance with any efforts to inform the property owners of the project, and will participate in any meetings that are held to that end. If you have any further questions or require any additional information, please don't hesitate to call. The method for paying these funds should be coordinated with our Assistant Director/Controller, Juliana Steele. S~cerely, Diane Colonna Executive Director c: Juliana Steele 104 \Ve,~t Arlanuc Avenue · Delray Beach. Flonda 53-i4~ 5~>1-2'r6-8640 o Fax 5o1-276-8558 EXHIBIT A CONSULTING SERVICE AUTHORIZATION PROJECT NUMBER 2003-038 DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: NE 4th Avenue (East Atlantic Avenue to NE 2nd Street) This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Aqreement for General Consultinq Engineering Services PROJECT DESCRIPTION Northeast 4th Avenue (East Atlantic Avenue to Northeast 2"d Street) · Engineering design for the reconstruction of the existing roadway to provide for two eleven foot wide travel lanes with on street parallel parking. Curb and gutter and new concrete brick sidewalks will be provided on both sides of the roadway. The design shall include landscape nodes at the midblock and at all intersecbons. · Engineering design for a stormwater drainage system for the new roadway. · Engineering services for the review of the existing potable water and sanitary sewer system and engineering design for repairs and or service upgrades as required by the City. Coordination with utility companies for the relocation of existing above ground utilities, including electric, telecommunications, and cable tv. · Engineering design for midblock pedestrian crossings. · Engineering design for intersection improvements at the intersection of NE 4th Avenue and NE 2"d Street. · Landscape Architecture services for the installation of streetscape landscaping to include plantings and decorative lighting. · Electrical Engineering services for the design of a decorative street lighting system. II SCOPE OF SERVICES Phase I - Study and Report Phase A field survey to establish the existing conditions at the project site will be performed. The field survey shall include a topographic survey to locate all physical features at the project site, including but not limited to pavements, curbs, sidewalks, vegetation, above ground utilities, structures, and other physical features. Cross sectional information shall be obtained to establish the existing elevations at the project site. Base maps will be prepared detailing the existing conditions at the site. A conceptual plan of the proposed improvements will be prepared. The conceptual plan will detail the proposed roadway horizontal alignment and geometry. The plan will show the location of all proposed pavements, parking spaces, curbs, sidewalks, planters, and crosswalks. Intersection improvements at the intersection of NE 4th Avenue and NE 2nd Street will be detailed. The plans will include typical sections for the proposed roadways. 3. Preliminary cost esbmates for the proposed improvements will be prepared. 4. Display boards will be prepared showing the plans and typical sections for the project. The plans will be overlayed on aerial photos provided by the City. Phase II - Preliminary Desitin Phase Consultant shall provide preliminary design phase services in accordance with Article 111.B of the Agreement for Engineering Services with the City, dated May 14, 1999. A preliminary design (letter report) shall be used to accurately define the scope and characteristics of the project. Development of this document will begin immediately after the first project meeting, and will be used to direct the activities necessary to design the facilities and develop construction documents. This document will include verification of all existing right of way. Verification of right of way shall consist of research of recorded plats and other documents on file with the city of Delray Beach and Palm Beach County. A title search is not included. Field reconnaissance of the project corridor will be performed. Photograph log walk- through will be included. In addition, potential underground existing facilities will be identified. Coordination with utility agencies shall be performed to collect record information. This includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. Initial meetings will be conducted with the utility companies to determine the requirements and time frames for the relocation of utility facilities underground. A preliminary plan for the new roadway and sidewalks, storm drainage improvements, landscaping, and lighting will be prepared to minimize known utility and structural conflicts. The preliminary plans will be reviewed with the City for purposes of final alignment selections. A preliminary roadway reconstruction/resurfacing schematic shall be developed which shall identify the limits of roadway improvements. Following selected preliminary pipeline layouts and/or roadway improvements for the project area, the preliminary cost opinion including construction cost and allowance for engineering costs and contingencies shall be updated. 2 At the outset of the project, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management Distnct (SFWMD), Palm Beach County Health Department (PBCHD), and City of Delray Beach. A table listing the identified permitting agencies and associated permit fees shall be prepared and included in the Preliminary Design Report. The Preliminary Design Letter Report shall contain schematic layouts and conceptual design critena for the proposed pipelines and roadway improvements. A preliminary cost opinion will also be provided. Two copies shall be submitted in draft form for review by City. Consultant shall conduct one preliminary design review meeting with the City following the preliminary design report submittal. The Final Preliminary Design Report will incorporate City comments and five copies shall be submitted. Phase III - Final Desiqn Phase Consultant shall provide final design phase services in accordance with Article IIl.C of the Agreement for Engineering Services with the City, dated May 14, 1999. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 14 format. Contract documents consisting of "front-end" documents and technical specification shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Consultant shall furnish digital copy of contract documents in Microsoft Office compatable format. Drawings and specifications (two copies) shall be submitted for City review at 50%, 90% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Each stage will be reviewed via a review meeting with the Consultant. ,, Consultant shall furnish with the 100% design drawings, one (1) mylar set, one (1) set of CAD files in electronic format on a Cdrom per the City of Delray Beach standards. One (1) set of CAD files in DWF electronic format, and one (1) set of contract specifications and cost estimates in PDF electronic format per the City of Delray Beach standards will also be provided. o Prior to bidding, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. 3 Phase IV - Bidding/Negotiation Consultant shall assist City in advertising for and obtaining b~ds or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a s~ngle construction contract. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. o Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid project. Consultant shall provide City with PDF files of all written addenda, and DWF files of all addenda drawings, in electronic format. Consultant shall attend the bid opening, shall prepare and furnish digital copy of bid tab sheets in Microsoft Office compatable format and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Other - Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of-way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following. Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: ao Location of all visible fixed improvements within the right-of-way (including 5-feet back on each side of the right-of-way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point curvature and point of tangency. Location of all known above ground existing utilities: FP & L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters). Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole invert elevations and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with the City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. Co Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. 4 Elevabons shall be indicated every 50 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, Iow points and all right-of- way lines. Intermediate grades shall be ~ndicated at all grade breaks, driveways and s~dewalks. Sufficient grades shall be indicated ~n the dnveways and parking areas to ~nd~cate d~recbon of grade. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. The above topographical survey data will be prepared in AutoCAD (Version 14) format at a scale of 1"=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. The CAD drawing shall also ~nclude: · Location of soil borings. · Location of utility pot holing. Other-Soils Investiqation In order to investigate the subsurface soils conditions at the site, the Consultant shall drill eight (8) soil borings to a depth of 10 feet below the existing grade. Visual classifications of the soils types will be performed on soil samples gathered. A report, prepared by a geotechnical engineer will be provided presenting the results of the soils investigation. Other- Permittin.q At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), and City of Delray Beach. Permit applications shall be completed for SFWMD, and City of Delray Beach. Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. · Respond to request(s) for additional information from each agency. ADDITIONAL SERVICES Consultant shall provide additional engineering services related to the provision of water, drainage and roadway improvements to the project area that are not covered under th~s Service Authorization. These additional services may be required to address uncertainties discovered during survey, soils investigations, field verification of existing facilities and condibons, and potential property or easement acquisitions. Services performed under this task will be on as- directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice- to-Proceed ~ssues shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the few to be paid in accordance with the Agreement. · A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services Time per Phase Cumulative Time Phase I(4) 6 weeks 6 weeks Phase II 8 weeks 14 weeks Phase III(2) 6 weeks 20 weeks Phase IV 5 weeks 25 weeks Survey will be prepared during Phase I time period. Permits will be prepared during Phase III time period. IV. COMPENSATION The compensation for services provide shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Engineerin,q Services Estimated Fees Phase I - Conceptual Design Phase Phase II- Preliminary Design Phase Phase III- Final Design Phase Phase IV- Bidding Phase Survey Electrical Engineering Landscape Architecture Permitting Out-of-Pocket Expenses Additional Services TOTAL PROJECT COST $ 7,154.25 $12,877.66 $ 8,585.12 $ 1,945.68 $ 7,000.00 $ 7,100.00 $ 8,7OO.OO $ 2,000.00 $ 5OO.OO $2O,OOO.OO $55,862.71 6 (~) Notes: (¢) Total project cost does not include the $20,000.00 for additional services (if authorized by the City) (2) Out-of-Pocket Expenses include the following: printing/reproduction and postage. This service authorization ~s approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authonzation. If the City in ~ts sole discretion is unsatisfied with the services provided in the previous phase or service authorizabon, the C~ty may terminate the contract without ~ncurring any further liability. The CONSULTANT may not commerce work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Attest: Approved as to Legal Sufficiency and Form BEFORE ME, the foregoing instrument, this -~'~ day of..)~)ct¢ r c{, , was acknowledg'6~d by on behalf of L the Corporation and said person executed the same free and voluntarily for the for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid ,this day of Notary Public State of Florida My Commission Expires: 7 ! ~.-~",~ '"~ MY COMMISSION # CC 844415 {~'~:,..~.~o¢ EXPIRES June 8, 2003 City of Delray Beach Survey Requirements The survey should include the following: Platted rights-of-way (include bearing and distances for centerlines), lot numbers, block numbers, and dedicated easements. House address numbers. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) w~thin the right-of-way. All underground utilities. Inverts on sanitary and storm sewers shall be indicated as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility. All topographical surveys shall have stationing established from south to north and west to east where applicable. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. Finished floor elevations of each habitable structure shall be included. The survey shall include topography of the complete intersection at the terminal end of each street. 8 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM FDOT GENERAL AGREEMENT/WASHINGTON MUTUAL PROJECT - REGULAR MEETING OF FEBRUARY 18. 2003 USE PERMIT & HOLD HARMLESS FEBRUARY 14, 2003 This is before the City Commission to authorize approval of a hold harmless agreement for work performed within the state right-of-way. Echion USA is the owner of the Washington Mutual Project, located on the southwest comer of southbound Federal Highway and S.E. 10m Street. The developer is required to install a water main connection within the state fight-of-way. The Florida Department of Transportation requires the City to sign the permit on behalf of the developer. The proposed agreement provides that the developer will hold the City harmless for the general work to be performed under the permit. Recommend approval of the hold harmless agreement for work performed within the state right-of- way between the City and Echion USA. S:\Ctty Clerk\cheveBe folder\agenda memos\Hold Harmless Agmt. EcbaonUSA City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L. Krejcarek, PE Feb 2003 Hold Harmless Agreement for FDOT Utility Permit Washington Mutal Please find attached a hold harmless agreement for work performed within the state right-of-way. Washington Mutual Bank is proposed to be built on the southwest corner of southbound Federal Highway and SE 10th Street. The developer is providing a water main connection underneath southbound Federal Highway, just north of this intersection. This water main extension is within the State right-of-way. The Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. Attached is a location map. If the attached agreement is acceptable, please place it on the 18 Feb 2003 meeting for commission approval. Enc Cc Brian Shutt, Assistant City Attorney file $:~EngAdminWAC~Washington Mutual~hold harmless agenda memo. doc I.- --1 , LIN TON BOULEVARD ~ ~ Cl~ of DELRAY BEACH WASHINGTON MURAL E~RONME~AL 8E~CE8 DEPA~E~ LOCATI ON MAP ~~A~~Y~~A~ 2003-200 1 of 1 HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this 7 t~ day of , 2003 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and "DEVELOPER"). Echion USA , (hereinafter referred to as WITNESSETH: WHEREAS, DEVELOPER wishes to install/construct improvements in the right-of- way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the development known as Echion USA 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Flor/da. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 2 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the General Use Permit Application between the CITY and the State for this project and attached hereto as Exhibit "A". Clerk. 9. This agreement shall not be valid unless signed by the City's Mayor and City IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor WITNESSES (Print or Type Name) DEVELOP~ER:INAW/AT Delray, Ltd., a FL. 1.p., its so>le~G~n, era~ k~artner, Echion USA, Inc., a By: Daniel Hot[e, President (Prim or Type Name) Address: 8890 W. Oakland Park Blvd. Suite 201 Sunrise FI. 33351 Phone: 954-749-8990 STATE OF FLORIDA COUNTY OF ~ BROWARD The foregoing instrument was acknowledged ~-~-j3 , 2003 by Daniel Hotte offflcer or agent) of Echion U.S.A., Inc. acknowledging), a of the corporation. an oath. before me this ; day of (name of officer or agem, title of (name of corporation fL. Ctate or place of incorporation) corporation, on behalf (~HeYShe-- '.. is ~'personally known-~=t~ me or has produced (type of-iflYntifi,qatjon) a~s iden~tificatiorFand did (did not) take sigrka_~mre of Notary Public- State of Florida I~ LINDA M LACERTOSA 11~'~% MY COMMISSION ll~;~j.gJ EXPIRES Ju~,,18 4 02/06/2003 :T~' 09:31 F~ I 407 C25 5274 Lasslter-gare Insurance ,.~ CERTIFICATE,._OF LIABILITY INSURANCE mouuc~. (407~62S- ~1 F~ (407) ~39-~19 TH~ CER~ 15 ~5~ Lus~ter-~ Znsurance O~Y~ CON~ ~ RI~5 U~N ~E 1231 S.~. Sunset Trai~ ~.~ Au~ ~e~ ~surance Pa~m C~ty, FL 34990 ~.~.c Un~ Hat~l (~e~cy ~rket~n : ~ER E' THE POLICIES OF ~ISURANCE ~ BELOW HAVE BE~N ISSUED TO THE INSURED NAMED ABO~ F~ THE P~ICY ~D I~D NO~H~DI~ ANY ~MENT. ~RM OR CONDI~N OF ANY C~ ~ OTHER ~ENT ~ ~PECT ~ WHICH T~S CERTIFI~TE ~Y BE ~Y P~T~. THE ~SU~CE ~RDED ~Y THE POLICES ~ ~EIN ~ ~ECT TO R~ THE ~R~, ~GLUSIO~ POUCIES. AGGRE~ U~ ~OWN ~Y ~ BEEN ~U~ eY P~D O~. G~L~ LI~A~E8 PEK ~oouc~.~ s Zf~rOOC B :ertif~cate hol~r ~s ~ as a~onal insu~ p~s ~eratt~s w~th regards to City of Delray Beach S:ate of Florida 100 NM 1st AvemJe Delray Beach, FL 3:J444 AOORD 2~ (2~01108) FA)[: (77Z)2S3-~600 CO/~O'g 8I:OT 800~-90-8~ 0~./07/05 FP,.i 16.44 FAX 9042792491 REYNOLDS SMI'I'il & ItlLLb .~TATE ~F FLORIDA DEPARTMENT O~: TRAN~:~:~TATION* UTILITY PERMIT .ERMrr.o SECT,O~ NO FDO'T construction ~s proposec~ or underway (~/Yes O No Is t~ls work related to an appro~,ed Utility Work Schedule'~ O Yes PERMrTTEE. ~_~ ~ g~ ~ Financial Project ID ~'~No If yes, Document Nureber: COUNTY 710-O1D~5 UTILITIES OGC · TELEPHONE NUMBER J~ll~j~ 24'~ -'1'~ ~,'"~. The above PERMITTEE request~ permission [rom the State of Florida Department of Transportation, hereinatter called the FDOT, to construct, operate and maintain the following Subreitled for the PERMITTEE [~/ Name and Title (Typed or Pnnted Legibly) Signature Date 1. The PERMIT'TEE declares Ihat prior to filing this application, the location of all existing utlhtle$ Ihet It owns or has an ~nterest in, both aerial and underground, are accuratelp shown on the plans and a letter of notlflcatlo~ was mailed o~ [ i~ ~z~[ D'~._ to the ~ollow~ng utllttfes known to be revolved or potenhallv fmpacted in the area of the proposed Jnstallallon' 2 'T~e local Maintenance or R~sident Eng{neer, hereafter referred to as the FDOT Engineer, shall be notified forty-eight (48} hours poor to starting work and again Immediately upon completion of work The FDOT's Engineer is , located at , Telephone Number The PERMITTEE's emproy~r~ responsible for Maintenance of Traffic ts _, 1 elaphone Number (This name may be provided at the time of the 48 hour notice prior tO starling work). 3 All work, materials, and equipment shall be subject to mspoction and approval by the FDOT Engineer. 4. All plans and Installatfons shall conform to the requirements of the FDOT's Ufllr~:y Accomodat~on Manual in effec~ as of the date of this permit is approved by FDOT, and shall be made a part of this Permit Th~s provision shall not limit the authonty of the FDOT under Paragraph 8 of th~s Permit. 5. Thf'~t~MldaT~ysF-Eat~ral~l eC°p~;:: ewoCk~a~ IhasC~l:~e~;uCnt~°;, :~eg~l~enllnhgW~ahllen Is 2rf~handa60~ffyesrflr:SmU~e~a~feP~ofT~Al~t~ad~hr;:lal,be~c~EP~e~In, must review the permit with Ihe FDOT Engineer to make sure no changes have occurred to the TransporlatJon Famhty that would affect the perre~ed construction The construction and maintenance of such utility shall not interfere with the properly and rights of a prior PERMI'i'I'EE 7. II ts expressly stipulated thai this permit Is a license for permissive use only and ~hat the placing of utflibas upon public properly pureuant to this permit shall not operate to create or vest any property fight in sa~d bolder, except as provided ia executed subordination and Railroad Utility Agreements Pursuant Io Section 337 403{1), Florida Statues, any utility placed upon, under, over, (x along any public road or pubflcJy owned rail corador that Is found by FDOT to be unreasonably Interfering in any way with the convenient, safe, or continuous use, or maintenance, improvement, extension, ~ expansK)n, of such pubhc road or pubhcly owned rail corridor shall, upon 30 days wfilten nobce to the ullllty or Ils agent by FDOT, be removed or relocated by ,.'AJc, h utility at Its own expense except as provided In paragraphs (a) and (b). and except for reimbursement rights set forth rn previously execut~ subordlnallon and Railroad Ulflity Agreements, and shall apply to all successors and assigns for the permitted factfily 9. It tS agreed that in the event l~e Installatior~, adjustment or relocation of said utilities ~re scheduled to be dor~ simultaneously with the FOOT's conslnJctlon work. the PERIV ITTEE will coordinate with the FDOT before proceeding and shall cooperate with the FDOT's contractor to arrange the sequence or work so as r~ot to delay the work of' the FDO'r's co~tractor, defend any legal c~alms of the FDOT's contractor due to delays caused by the PERMITTEE'.~ failure to comply with the approved schedule, end shall coreply with all previsions of fha law and the FDOT's current Utility Accommodalio ~ Manual The PERMWTEE shall not be responsible for delay beyond its control. 10. tn the case of non-¢omplianu~ wllh the FDOT*s requlremenls m effect as of 1he date this permll is approved, this permil Is void and the facll#y will have to bo brought Into c<]mpllance or removed from the right of way et no cost to Ihe FDOT, except for reimbursement rights set forth In previously executed subordination and Railroad Uiility Agreements This provfslon shall not hmlt the authoflty of the FDOT under Paragraph 8 of this Permit. U','U I / Ii,3 11. 12. 7'~0-010-85 UTILITIES OGC · 01~99 Page 2 o~3 It ~S understood and a0reea that the nghls and privileges here~n set out are granted o~ly to the extent of the Stste's righl, title and Intereal m the land to be entered upon anc used by the PERMITTEE, and the PERMITTEE will, at all hines, and to tho extent permitted by law, assume all risk of and Iodemmfy, defend, and ~ave harmless the State of Florida and the FDOT from and against any and all loss, damage, cost or expense arising in any manner on ac,;ount of the exercise or attempted exercises by said PERMIT'TEE of the aforesaid r~ghts and pnvileges During construction, all safe,b/regulations of the rDOT shall be observed and the PERMITTEE must take measures, including placing and the display of safety devices that may t)e neCessary ~n order lo sa~ely conduct the public through the prelect area in accordance w~th the Federal Manual on Uniform Traffic (;onlml Devices, as amended for highways, the requirements of the Standard Applicabon Package for ralJways, including f~agg~ng services and Railroad Protective Insurance or acceptable alternative, when applicable, and Ihe FDOT's latest Roadway and Traffic Design Standards and Standard Speclficatlo~s for Road and Bridge Ccmairu~on, as amended When a Utility deems R necessary to conduct Traffic Conbol acti~'tties and methods slgmficantty dtft'erent t'rom those addressed ~fl the al)eve references, the Utility musl submit an alternative plan signed and sealed t)y a qualF~ed registered Florida professlocal engineer qualified to develop Traffic Control Planning m accordance with the prov[s~,3ns or the Utility Accommnoat~on Manual, Chapter 8 13. Should the PERMITTEE be 'Jeslreus of keeping its utilities Iff place and pul or aervlce, the PERMITTEE. bv exect~iofl or this permit acknowledges its presenl end continu,ng o~vnership of frs ultlllies located Petween ~'.~T ~'[~J~ O~ ~ % ~. ~. and ~l~:~ ,~.t'l~ O~' t~.).~- i 5' ~3,. within the FDOT's rights of way as set forth above, Whenever the PERMrrTEE removes ils th=llttles, II shall be at the PERMITTEE's sole cost enO expense, The PERMI'CTEE, at Its sole expense, shall promptly remove said out of service tdliihes whoever the FDOT determines said removal is in the p~b~lc interest. 14 in the event contaminated soi~ ~s encountered by the Ullllty or anyone within Ihe permitted constnJCt~on bruits, the Utility shall Immediately cease work and notify the FDOT "he FDOT shall coordinate with the appropriate agencies and notJ['y the PERMITTEE of any suspension or revocation o~ the permit untll contamination assessment and remedlatlon, as appropriate under Rule Chapters 62-770 end 62-730, Florida Adrntnis[rahve Code, has progressed to a slate Ihs! all environmental regulatory agencies having jurisdiction have approved the site o~'the contamination for resumption of work. 15 16 17 During excavation operatiorls, an on-srie representative of the PERMITTEE may 13e required to perform the following acbvihea with respect to Ihe~r own faculties, phymca~y expose or direct exposure of underground facilities, provide any necessary sapport to facihbes and/or cover aerial f~cillt~es as deemed r ecessary to md construction Pursuant Io Section 337.401(2}, Florida Statutes, the permit shall require the permit holder to be responsible for damage re~ulting from the ~ssuance of the permit The Department may initiate inju~cbve proceedings es provided in Secllon 120.69. Fiends Statutes, to enforce prowmons of this subsacllm~ or any rule or order ~ssued or entered Into pursuant thereto Pursuam to Secllon 337.40;', Flencla Statutes, when any public mad or publicly owned rail corridor ~s damaged or m~palred In any way because of the Installation, Inspecbon, or repair oi a utility located on such road or publicly owned rail corridor, 1he ~ 01' the utility shall, at his or her own expense, restore the re ~d or publicJy owned rail comdor to its original conOJtlol~ before such Carnage. If the owner fails to make such restoraflan, the abrthority is ~= uthortze~l to do so and charge the c~st thereof against the owner under the provIslo~s of Section 337 404Florida Statutes 18. Special FDOT Instructions: It is understood and agreed ~hat commencement by the PERMITTEE is acl(nowledgment and acceptance oflhe binding nature of ell the above listed permit cond~Uons and ,q3ecial instructio~e. By ina 13plow s~gnature, the Permi~ee hereby reprase~ts that no change to the FDOT's standard Utdlty Permit form. as Incorporated by reference Into Rule 14--46.0(}1, FJoride Administrative C~cle. for this Utility Permit has been made which has not been previously called to the attention of the FDOT (and ~lgnif~ed to by checking the appropriate box beJow) by a separate attached written document show~lg all changes and the written and dated approval of the FDOT Engineer. Are there attachments railecting changers to the standard form? You MUST s~gntfy by selactlrg or checking which of the following applies. O No changes have bean n~ade to this Forms Document enO no Appendix entitled 'Changes To Form Document' is attached O No changes have been made to Ihis Form Document, but changes are included on the attached Appendix entitled "Changes to Forms Document" PERMr~'EE SIGNATURE: Name & T~tte of Authorized Permittee or Agent (Type a or Printed Legibly} APPROVED BY' Distnc' Maintenance Engineer or Designee ISSUE DATE. DATE' TO: THRU: FROM: SUBJECT: DAVID T4'.'.~AR.DENt, CI'[Y MANAGER JEFFREY A. COSTELLO, PRINCIPAL PLAN~ MEETING OF FEBRUARY 18, 2003 *** CONSENT AGENDA*** ACCEPTANCE OF A LANDSCAPE MAINTENANCE AGREEMENT FOR AVDA. On November 13, 2002, the Site Plan Review and Appearance Board approved a Class IV Site Plan Modification request for AVDA. The proposal includes construction of a two- story 12,026 sq.ft, addition to accommodate 6 units (12 bedrooms), associated multi- purpose room, offices and daycare center for residents only; removal/demolition of the existing 644 sq.ff, modular office trailer; reconfiguration of the existing parking area; and, installation of associated landscaping. One of the conditions of approval was that a landscape maintenance agreement be executed to install landscaping (hedges) within the Southridge Road right-of-way. There is an existing chain link fence on the perimeter of the property with vinyl screening. The proposal is to install a Cocoplum hedge around the perimeter of the property and the exterior of the fence along the adjacent rights-of-ways. LDR Section 4.6.5(F) requires a 2' fence setback adjacent to public right-of-way to provide adequate area for vegetation to mature. The existing fence along the south side of the property is either on the property line or encroaches into the Southridge Road right-of-way. Where these situations occur the hedge will be planted in the right-of-way. In order to allow the hedges to be planted in the right-of-way, a landscape maintenance agreement must be executed. The City Attorney has reviewed the agreement for legal sufficiency and form, and determined it to be acceptable. By motion, accept the landscape maintenance agreement for AVDA. Attachments: [] Landscape Plan [] Landscape Maintenance Agreement Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue De[ray Beach, Florida 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this ~-Y-~day of ~-~6/'t/~:L , 200_Jby and between the City of Delray Beach, Florida ("City") and btf,~h't /4~vle /~c. ("Owner"). WITNESSETH:' WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the fight-of-way of pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public fight-of-way of '~..~na-,.] ~t,~ri~,e,~ o~,.; and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its sweets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. 4. The Owner hereby agrees to maintain the plantings in the fight-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper 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 height; to properly prune all plants which includes (1) 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 of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the right-of-way of t-~it/~-~~ ~J 4f~2tcr,'go~ ~ ~~d'fft for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's fight-of-way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this3-~ day of ~-~v~ , 200~. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk Approved as to legal form and sufficiency: City Attomey By: ,Mayor 4 (Print or Type Name) STATE OF FLORIDA ~o~¥ o~ ~ ~^c~ Th~ foregoing instrument-was acknowledgqd before me this d~-day of ~ 200~by ~t,t~ ~. 0'~0 as ~-~ b~'. ~ ~ ' ~ ~11111~ ' · ~:~t~ gebra A. ~ca~z ~f ~ ~ ~fint or T~c N~c) (OFFICIAL NOTARIAL SEAL) State and County Aforesaid My Commission Expires: 5 Aid to Victims of Domestic Abuse, Inc. (AVl)A, Inc.) Landscape Maintenance Agreement with the City of Delray Beach, Florida Attachment A. Legal Description of the Property Owned by AVDA, Inc. Lots 35 through 40, Block2, PLAT 1 of 2 SOUTHRIDGE, according to the Plat thereof, recorded in Plat Book 13, Page 38, Public Records of Palm Beach county, Florida ("Parcel 35-40"); and Lots 8 in Block 2, PLAT 1 of 2 SOUTHRIDGE, according to the Plat thereof, recorded in Plat Book 13, Page 38, Public Records of Palm Beach County, Florida ("Parcel 8"). CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAN MARFINO, PRINCIPAL PLANNER~ , ** MEETING OF FEBRUARY '18, 2003 ** CONSENT AGENDA** AUTHORIZATION TO PROCEED WITH THE ANNUAL SEA TURTLE MONITORING ACTIVITY WITH JOHN FLETEMEYER FOR A MAXIMUM RATE OF $27,304.20. BACKGROUND In June, 1994 the City Commission approved an amendment to the letter agreement with Dr. John Fletemeyer for the sea turtle conservation project. The agreement was for four years at an annual cost of $9,844.20. On Mamh 4, 1997 this agreement was amended to include an additional six weeks of monitoring as required by Florida Department of Environmental Protection. This amendment extended the current turtle monitoring contract through October of 2000 at an annual cost of $13,444.20. Monitoring commences each year from March 1st and continues until the end of the sea turtle hatching season (October 31). A request was received and approved on February 25, 2000 for a contract extension at no increase in costs. The extension permitted some long range planning and the continuation of the program at its current level of commitment until the end of year 2004. Additional monitoring requirements were imposed as a result of the City's 4th Beach Re- nourishment project, completed in March of 2002. These requirements include the establishment and monitoring of control areas both north and south of the renourishment area (involves areas outside the city limits) and analysis of nests for hatchling success. These additional tasks are required for the next Turtle Nesting seasons immediately following the re-nourishment project, and will increase the annual cost for this year an additional $13,860 to a maximum cost of $27,304.20 (see attached invoice). This is the same amount as approved last year, for the same tasks. Increased monitoring activities will also be required next year. Funds are available in the Beach Restoration Fund (Act Cf 332-4164-572-34.90) and are partially reimbursable from State and Federal sources. RECOMMENDED ACTION Recommend authorization of the Sea Turtle monitoring activity for 2003 not to exceed $27,304.20. Attachments: · Invoice additional services S:~longrangelbeachiturtles2OO3CCDoc Feb-13-03 12:55P AquaticA * Dr Fletemeyer 305 463-g060 P.01 Scope of Worl 2003 Delray Beach Sea Turtle Monitoring TO: Mr. Dan Marfino / Project Supervisor FROM: Dr. John R. Fletemeyer / Project Director(~'~ ~ DATE: February 12, 2003 The following represents the work specifications for the 2003 Delray Beach Sea Turtle Monitoring Program. * Identify and record ali sea turtle nesting activity within the geographical parameters of the Delray Beach monitoring area. Including: A. All Nests by species B. All False Digs and False Crawls by species. * Identified the beginning and end of the nesting season for the species of turtle observed nesting in the study area. * Establish nesting zones and identify all nests and false crawls within appropriate zones. * Mark and representative sample of nests for evaluation. This sample will be at least 50% of nests in the study area and evaluation will be conducted according to Established DNR criteria for egg analysis. * Record and evaluate all light related hatchling disorientation events. * Conduct a minimum of three nighttime artificial lighting inventories and report findings to Code Enforcement. * Record and evaluate all natural and human related impacts to nests. * Prepare and submit final report to include historical nesting data beginning in 1984. * Submit final summary report as required by DNR. Feb-Il-03 09:15A AquaticA * Dr Fletemeyer 305 463-9060 P 01 Purchase O. rder TO: Mr. Daniel Marfino / Delray Beach Sea Turtle Monitoring Project Supervisor FROM: Dr. John R. Fletemeyer / Delmy Beach Sea Turtle Project Director and P.I. SUBJECT: Purchase Order Request for the 2003 Delray Beach Sea Turtle Monitoring Program. DATE: February 9, 2003 DESCRIPTION 2003 Sea Turtle Monitoring following same specifications as 2002. Including labor, insurance, permits, reports and supplies. AMOUNT $ 27, 304.20 Signed: ~ohn R. Flet~'~deyer fi( or CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: BEACH & OFFSHORE MONITORING STUDY OF THE 2002 BEACH NOURISHMENT PROJECT (PERFORMANCE MONITORING STUDY). ACTION REQUESTED OF THE COMMISSION The action requested of the City Commission is that of approval of an authorization to proceed with the 12-month Performance Monitoring Study of the Beach Renourishment project. BACKGROUND Annual monitoring of the Beach Renourishment project is required by our permits from the Florida Department of Environmental Protection to assess the performance of the project. The information gathered is also used to set parameters of design and timing for future maintenance nourishments. Work in this task includes beach, dune, and offshore profiles; analysis of sand volumes and shoreline changes; beach compaction testing; analysis of sand grain size; and dune accretion evaluation. This item is covered in our contract with Coastal Planning & Engineering, Inc. Funds are available in the Beach Restoration Fund (act # 332-4164-572-31.30). The entire cost will be reimbursed from Federal, State and County appropriations. RECOMMENDED ACTION By motion, approve an authorization for Coastal Planning & Engineering, Inc. to proceed with the One Year Beach Performance Monitoring Study at a cost not to exceed $43,828.75 as requested in their attached correspondence. Attachment: · Letter from Coastal Planning & Engineering, Inc COASTAL PLANNING & ENGINEERING, INC. COASTAL & OCEAN ENGINEERING COASTAL SURVEYS BIOLOGICAL STUDIES GEOTECHNICAL SERVICES 2481 NoW. BOCA RATON BOULEVARD, BOCA RATON, FL 33431 (561) 391-8102 Fax: (561) 391-9116 Internet: http://www.coastalplanning.net E-mail: mail@coastalplanning.net November 13, 2002 Mr. Paul Dorling, AICP Project Coordinator City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, FL 33444 Re: Proposal for 12-Month (2003) Post-Construction Beach and Offshore Monitoring Study of the 2002 Beach Renourishment Project - DEP Permit No. 0178582-001-JC Dear Mr. Dorling: This is a proposal to conduct the 12-month (1 year) post-construction beach and dune monitoring survey of the 2002 beach renourishment project. The State of Florida, Department of Environmental Protection (DEP), coastal construction permit for the renourishment project requires topographic and hydrographic surveys of the beach, dune and offshore area. The surveys provide the required data for coastal evaluations which are conducted to monitor the performance of the renourishment project. For example, similar studies conducted in 2000 and 2001 resulted in a planned delay of the 2002 beach renourishment, as the 1992 renourishment project had performed better than projected. Historically, annual monitoring of Delray Beach has occurred in December or January. We would recommend maintaining that schedule to allow for seasonally comparable surveys. The proposed monitoring study will provide the required information to assess the beach performance and comply with the State of Florida requirements, as follows: A. Dune, Beach and Offshore Survey Profiles: Beach profile cross-sections from beach monuments R- 175 through R- 192 will be surveyed in accordance with the state beach monitoring requirements. Each profile will be surveyed from the dune to the 30 foot offshore depth contour. A total of 18 profile lines will be surveyed. B. Beach Volumetric and Shoreline Position Analysis: The data obtained from the beach profile topographic and hydrographic surveys will be reduced, plotted and compared to the 2002 pre and post-construction survey, as well as historical surveys. Volume changes within the project area beach will be computed. The location of the mean high water shoreline on each profile line will be determined and compared to its position in previous surveys. This information will be used to provide an Mr. Paul Doffing November 13, 2002 Page 2 Co engineering assessment of the performance of the 2002 beach renourishment project. Areas of accelerated erosion will be identified from the survey data to monitor the extent of the erosion progression into the beach. Sand Grain Sampling and Size Analysis: For previous renourishment projects, the State required sand sampling and analysis. Sand sampling and analysis is proposed for the 2002 beach renourishment project. A total of 36 surface sand samples will be collected at 4-foot contour intervals from +12 feet to -20 feet (9 samples per line) along four State of Florida beach profile lines. Each sample will be subjected to a mechanical sieve analysis. Based on the sieve analysis results, the mean grain size will be computed and compared to post-construction data. Changes in mean grain size at each study site will be compared to previous study results and the information provided to the Department of Environmental Protection (DEP), Office of Beaches & Coastal Systems. Beach Compaction Monitoring and Tilling Observation: The DEP permit requires that prior to February 15th of each year after project constmction (for a period of three years) beach compaction monitoring is to be performed in accordance with U.S. Fish and Wildlife Service and Florida Fish & Wildlife Conservation Commission protocols. In order to minimize or avoid disturbance of nesting marine turtles, all tilling activities must be completed prior to March 1 of each year. Coastal Planning & Engineering, Inc. (CPE) will perform the compaction measurements, reduce the penetrometer data and provide a letter report to the agencies providing the results. The City of Delray Beach will be required to conduct tilling of the beach. CPE will coordinate tilling activities and provide observation of the beach tilling by an independent contractor to verify compliance with beach tilling requirements. During beach tilling operations, we will determine if all scarps within the project area had been eliminated in compliance with the DEP permit, and will provide direction to the contractor if escarpments have not been properly addressed. Weekly scarp formation monitoring is required to be conducted between March 1 and October 31 of each year. It is our recommendation that the City's sea turtle nesting program coordinator provide those services during the normal course of monitoring sea turtle nesting activity. COASTAL PLANNING & ENGINEERING, INC. Mr. Paul Dorling November 13, 2002 Page 3 E. Beach and Dune Monitoring Report: A report will be prepared summarizing the results of the study. We will provide three copies of the report to the City; one copy to the Department of Environmental Protection, and one copy to the U.S. Army Corps of Engineers. The engineering fee for the beach and hydrographic surveys, engineering evaluations, beach compaction studies, tilling administration and monitoring and report preparation is $43,828.75. A cost spreadsheet is attached for your review. Thank you for the opportunity to continue to serve the City of Delray Beach. If you should have any questions, please call me. Very truly yours, r c. Richard H Spadoni ~ Vice President f wp61 docs/palmbeach/delray/l 2-month post con doe CC: .~ Jackie Thompson, FDEP Dan Marfino, City of Delray Beach Jeff Andrews, PSM, CPE Craig Kruempel, CPE Earl Soeder, PSM, CPE Norman Beumel, CPE Jennifer Davis, CPE COASTAL PLANNING & ENGINEERING, INC. CITY OF flELRflY BEB:I[H DELRAY BEACH AII-AmerfcaCity ~00 N.Wr 1st AVENUE DELRAY BEACH, FLORIDA 33444 1993 2001 TO: FROM: SUBJECT: David T. Harden, City Manager f~obert A. Barcinski, Assistant City Manager Agenda Item # ~c~k-. City Commission Meeting February 18, 2003 Approval Special Event - Cineo De Mayo Fiesta DATE: February ll, 2003 ACTION City Commission is requested to endorse the Cinco De Mayo Fiesta to be held on Saturday, May 3, 2003, from 12:00 p.m. - 10:00 p.m. at Old School Square to grant a temporary use permit per LDR Section 2.4.6(H) for the closure of NE 1 st Avenue on the north side of the grounds of Old School Square to the loading gate area and to authorize staff support for security, trash removal, signage, and to consider a waiver of City overtime costs. BACKGROUND Attached is a request received from Peggy Murphy on behalf of Ms. Janie Rameriz, Chairperson of the Fiesta. Cinco De Mayo celebrates the date Mexican soldiers defeated the French at Puebla Mexico. This celebration is a party that represents freedom and liberty. The committee is composed of Hispanic residents of our City. The event will be held on the Old School Square site, and they are requesting partial closure of NE 1st Street. The committee will be responsible for event management, liability insurance, vendor approval, site set up, and fencing. This event was held last year, and overtime costs were about $3,992. Last years attendance was approximately 2,000 people; therefore the Fire Department feels EMS services are not required. The estimated overtime cost is $4,400. Attached is a copy of the event budget Since alcohol beverages will be sold and they will be charging admission, the site will be secured to contain alcohol consumption on site. Staff barricade set up can be done on regular time. We also would require that all alcoholic beverages be served in paper or plastic cups, no bottles. 561/243-7000 THE EFFORT ALWAYS MATTERS Prlnted on Recycled Paper Cinco De Mayo Fiesta February 11, 2003 Page #2 RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the closure of the north end of NE 1st Avenue, staff support for traffic control and security, EMS assistance, barricade set up, signage and waiver of overtime costs. Approval to be contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance and liquor liability insurance as well as the conditions for serving alcoholic beverages and site fencing. RAB:tas Ftle u sweeney/event Doc clnco de mayo 2003 Old School Square CUITURAL ARTS £FNTFR January 15, 2003 Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Re: Cinco de Mayo Festival - May 3, 2003 Dear Bob: The Cinco de Mayo Fiesta Committee has reserved the Old School Square Entertainment Pavilion and Grounds for the annual Cinco de May Festival on Saturday, May 3, 2003, from 12:00pm to 10:00pm. A copy of the event contract between Old School Square and the Committee is attached. Cinco de Mayo Fiesta Committee is proposing to enclosed the event this year, with a nominal admission fee charged for entry. Fencing will be provided by the Committee. A proposed site plan is attached. The following services are requested from the City: · Endorsement of this event by the City of Delray Beach · City to provide support staff at no cost for the following - DBPD for event security and traffic control - DBFD presence as required - Public Works to provide signs announcing event at West Atlantic Avenue, Linton Boulevard and North and South Federal Highways - Public Works to provide event parking signs and barricades as necessary - Parks and Recreation to provide trash boxes, liners and trash removal. Event Committee will provide clean up during event. · Waiver of noise ordinance · Waiver of alcohol ordinance for eSS Grounds only · Permission to block off street parking for vendor/entertainer access from the north side of the eSS Grounds on NE 1st Avenue to the eSS load in gate. No other street closure is requested. Access to the CRA Block 76 parking lot will remain open on NE 1st Avenue. An estimated budget for this event is attached. A Certificate of Liability Old School Square, Inc. Insurance naming the City of Delray Beach and Old School Square, Inc., and a 51 North Swinton Avenue Delray Beach, Florida 33444 Phone (561) 243-7922 Fax (561) 243-7018 www. oldschool.org Cin¢o de Mayo Fiesta - May 3, 2003 page 2 Hold Harmless Agreement with the City of Delray Beach, will be provided at least 15 days prior to the event. The Committee requests that this event be scheduled before the City Commission at your earliest convenience. If you have any questions, or need additional information, please let me know. Singly, PD~rg~ector of ceYnter Services pm enc. cc: Janie Ramirez, President Cinco de Mayo Fiesta Committee OLD SCHOOL SQUARE EVENT CONTRACT 51 N. Swinton Avenue, Delray Beach, FL 33444 phone: 561-243-7922 fax: 561-243-7018 www.oldschool.org EVENT SCHEDULE Date Event Room Saturday May 3, 2003 Cinco de Mayo Fiesta OSS Entertainment Pawhon TYPE: event/festival - grounds COMPANY: Contact: Janie Ramirez, President Time Status 12'00pm- 10:00pm Hold Cinco de Mayo Fiesta Committee Hispano Latino Cultural Alliance, Inc. 1114 SW 8th Avenue Delray Beach, FL 33444 ADDENDA TO THIS CONTRACT See Old School Square Rental Agreement attached and made a part hereof. Additional charges for stage technicians and/or equipment will be billed based on actual use; see specifically, Old School Square Entertainment Pavilion Addendum attached and made a part hereof. For technical information, stage requirements and to arrange load in and performance schedules, contact Brian Ridolfo, Technical Director, 561-243-7922 x321 or 320. Certificate of Liability Insurance naming Old School Square, Inc. and the City of Delray Beach in amount not less than $1,000,000 required. Hold Harmless Agreement between the City of Delray Beach and the Cinco de Mayo Fiesta Committee required. Copy of Certificate of Tax Exemption (Fla. Dept. of Revenue Form DR-14) required if applicable. All required tent and/or event permits, licenses and inspections are the responsibility of the Renter. All costs incurred to enclosed the perimeter of the event site will be the responsibility of the Renter. Safety/Security - Private security within the perimeter of the event will be provided by the Renter. Any security plan will be approved the Delray Beach Police Department. If the DBPD determines the need for uniformed officers within the perimeter of the event, all costs incurred will be the responsibility of the Renter. Security requirements outside the perimeter of the event will be determined atthe sole discretion of the DBPD. Any costs incurred will be the responsibility of the Renter. Emergency medical services will be required at any event with an estimated attendance over 2,000 people and will be confm-ned and scheduled by the Delray Beach Fire Department. Any costs incurred will be the responsibility of the Renter. Signs/Banners - The display of signs and banners within the OSS Entertainment Pavilion is restricted. All banners must be approved by Old School Square. No banners will be attached to or permitted on the face of the Entertainment Pavilion. Poles will be provided for information/sponsor and concession banners; number of signs and size permitted to be provided. Garbage/Sanitation/Maintenance - Additional dumpster facilities will be required. Delivery and pick-up of additional facilities, 20 yard container minimum, will be the responsibility of the Renter. All grounds maintenance/trash removal plans will be arranged by the Renter; plans will be reviewed by Old School Square. If the City of Delray Beach Parks and Recreation Department is used for grounds maintenance/trash removal, all arrangements will be made by the Renter. All costs incurred for use of the City Parks and Recreation staff will be the responsibility of the Renter. Event bathrooms facilities will be monitored and maintained by the Renter; all plans for facilities maintenance will be reviewed by Old School Square. Old School Square Grounds and Entertainment Pavilion area, to include the concession stand and event bathroom facilities, shall be cleared and restored to condxtion existing prior to event. It is the Renter's responsibility to inform any person, vendor and/or company involved in this event of the rules and regulations outlined in the Event Contract, Rental Agreement and Entertainment Pavilion Addendum. 1/17/03 Page 1 Cinco de Mayo Fiesta Committee Festival - May 3, 2003 Sat. May 3, 2003 Units Room/Resource 12:00pm - 10:00pm Umt Price FEE INFORMATION Cinco de Mayo Fiesta Prtce Sub Total Tax Total OSS Entertainment Pavilion Security Deposit Total Room Charges: Total Other Charges: Grand Total Excluding Tax: Sales Tax: Grand Total Including Tax: Total Deposit Required: $1,250.00 less 50% $7O0.00 $625.00 $700.00 $1,325.00 $37.50 $1,362.50 $700.00 $625 00 $625.00 $37.50 $700 00 $700.00 $0.00 Total for Event: $1,325.00 $37.50 due with signed contract $662.50 $700.00 $1,362.50 OLD SCHOOL SQUARE SCHEDULE AND INFORMATION Sat. May 3, 2003 12:00pm - 10:00pm Cinco de Mayo Fiesta - OSS Entertainment Pavilion Estimated Attendance Security Hours 2,500 8:00am- 12:00am Should you or anyone involved in planning this event need access to Old School Square, it is necessary to schedule an appointment. Thank you for your cooperation. Director of Center Services, Old School Square, Inc. Renter: Cinco de Mayo Fiesta Committee Date: Date: 1/17/03 Page 2 lncome Admission (1,500 x $2) Beer & Soda T-Shirts Vendors Bingo Subtotal Sponsorships corporate/private in-kind Subtotal TOTAL CINCO DE MAY FESTIVAL May 3, 2003 Budget Projections Expenses $3,000 $4,3OO 250 1,500 250 $9,300 Production Site Rental Fencing Beer/Soda & supplies T-Shirts Volunteer hospitality Equipment rental $4,000 6,000 $10,000 $19,300 Subtotal Talent/Entertainment DJ/Band fees Children's activities Decorations Donations Subtotal Marketing Newsprint Radio Printing Scholarships Subtotal Overhead Liability Insurance Licensing Office Supplies Meeting Expense Accounting Subtotal TOTAL $1,250 2,000 1,600 5OO 200 750 $ 6,300 $ 2,500 750 250 250 $ 3,750 $ 4,000 1,250 150 1,000 $ 6,400 $1,000 100 5O 100 5OO $1,750 $18,200 Difference $1,100 z MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ,~'% - REGULAR MEETING OF FEBRUARY 187 2003 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS FEBRUARY 14, 2003 Attached is the Report of Appealable Land Use Items for the period February 3, 2003 through February 14, 2003. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S'\Ctty Clerk\chevelle folder\agenda memos\apagmenzZlS.03 TO: THRU: FROM: SUBJECT: PAUL DORLING, DII~CTOR OF PLANNING AND ZONING MIN ALLEN, PLANNER MEETING OF FEBRUARY 18, 2003 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY 3, 2003 THRU FEBRUARY 14, 2003 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of February 3, 2003 through February 14, 2003. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No Regular meeting of the Planning and Zoning Board was held during this period. A. Approved (5 to 0, Cope and Eliopoulos absent), a request for a flat wall sign for Pet Supply Plus, located within the Lavers International Plaza, on the south side of Linton Boulevard, east of SW 10th Avenue. City Commission Documentation Appealable Items Meeting of February 18, 2003 Page 2 B. Approved (5 to 0), a request for a master sign program for flat wall signs for The Esplanade Shopping Center, located at the northeast corner of Pineapple Grove Way (NE 2nd Avenue and NE 2nd Street (221-279 NE 2nd Avenue). C. Approved (4 to 0, Gregory stepped down), a request for a master sign program for flat wall signs for Delray Park of Commerce Tract "E", a multi-tenant industrial building, located at the northeast comer of Lake Ida Road and Congress Avenue. D. Approved (5 to 0), a request to the blanket sign program to allow an exception to the required 1-foot spacing between flat wall signs for Jet Set Pets, located within the Aspen Towers center an existing commercial building, located on the east side of SE 6th Avenue (northbound Federal Highway), south of SE 8th Street (851 SE 6th Avenue). Approved (5 to 0), a Class I site plan modification and architectural elevation plan associated with the construction of a new 19 foot high gas pump canopy for Exxon, located at the southeast corner of Pineapple Grove Way (NE 2n(~ Avenue) and NE 4th Street (206 NE 4th Street). F. Approved (5 to 0), a Class I site plan modification and architectural elevation plan associated with the replacement of storefront windows and door for McDougal Street Cafe, located on the north side of East Atlantic Avenue, east of NE 3rd Avenue (307 East Atlantic Avenue). G. Approved (5 to 0), a Class I site plan modification and architectural elevation plan associated with the construction of a skate park at the Delray Beach Teen Center, located on the east side of SE 5th Avenue (southbound Federal Highway), south of SE 5th Street (505 SE 5th Avenue). Ho Approved (5 to 0), a Class I site plan modification and architectural elevation plan associated with the enclosure of an existing stairwell for Bostons' on the Beach, an existing restaurant, located on the west side of Ocean Boulevard, south of East Atlantic Avenue (40 South Ocean Boulevard). Approved (5 to 0), a Class I site plan modification and architectural elevation plan associated with the installation of a 20' by 20' freestanding canopy for Paladin Academy at Lake Ida Plaza, located at the southwest corner of Lake Ida Road and Congress Avenue (600 North Congress Avenue). Jo Approved (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a new 57 townhouse development known as Park Place Townhomes, located on the south side of SE 10th Street, approximately 300 feet west of SE 5th Avenue (southbound Federal Highway). Concurrently, the Board approved the following internal adjustments: Reduced the required 25' front setback for the one and two story townhouses and cabana to 9' and reduced the 30' front and side street for the three story structure to 12' 3". City Commission Documentation Appealable Items Meeting of February 18, 2003 Page 3 Reduced the building separation requirement of 25' for the two-story townhomes and the 30' requirement for the three-story townhomes to 15 feet (this separation applies to the one-story portion of the building. The two-story portion of the building is located 34' from each other). Additionally, the Board recommended to the City Commission approval the following waivers: · Reduction of the pavement width of streets from 24' to 20' with the provision of a restriction in the HOA documents that restricts parking within the street. · Elimination of the required sidewalk along one-side of the internal loop road. Tabled (7 to 0), a request for a Certificate of Appropriateness associated with the installation of a freestanding sign for The Rectory, located at the southwest corner of West Atlantic Avenue and Swinton Avenue (14 South Swinton Avenue). The Board tabled the proposal and requested that additional details with respect to the design elements of the sign be provided. Approved (6 to 1, Jamison dissenting) a request for a Certificate of Appropriateness associated with the installation of aluminum windows for the Strauss Residence, a contributing structure located on the west side of SE 1st Avenue, south of East Atlantic Avenue (30 SE 1st Avenue). No other appealable items were considered by the Board. The following agenda items will be forwarded to the City Commission for action. · Recommended approval (5 to 0, Sexton and Perez-Azua ardved late), of the tax exemption application for the Patrick Lynch Property, located at the northwest corner of Nassau Street and Ocean Boulevard (226 South Ocean Boulevard). · Recommended approval (5 to 0 Sexton and Perez-Azua arrived late)), of the tax exemption application for the Crocker Residence, located on the north side of NE 7th Street, east of Swinton Avenue (105 NE 7th Street). · Recommended approval (7 to 0), of the $50,000 in rehabilitation matching grant funds from the City of Delray for structural stabilization of the Milton-Meyers American Legion Post No. 65, located at 263 NE 5th Avenue. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- FEBRUARY 18, 2003 L-30 CANAL S.P.R.A.B. A. PET SUPPLY PLUS B. ESPLANADE SHOPPING CENTER C. DELRAY PARK OF COMMERCE TRACT-E D. ,/ET SET PETS E. EXXON F. McDOUGAL STREET CAFE G. DELRAY BEACH TEEN CENTER-SKATE PARK H. BOSTON'S ON THE BEACH PALADIN ACADEMY J. PARK PLACE TOWNHOMES H.P.B. 1. THE RECTORY 2 STRAUSS RESIDENCE NW 2NDST / /' $ W 2ND ST SW C-15 CANAL LINTON ..... CITY LIMITS ONE MILI: GRAPHIC SCALE CiTY OF OELRA Y BEACH, FL PLANNING & ZONING DEPARTMENT FEBRUARY2003 - - DIGITAL BASE MAP SYSTEM-. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AOESDA ITEM # ~3~X'J - REGULAR MEETING or FEBRUARY 18. 2003 AWARD OF BIDS AND CONTRAG'TS FEBRUARY 14, 2003 This is before the City Commission to approve the award of the following bids: Contract award to Dominica Recreation Products in the amount of $158,038.75 for the purchase of Platinum Pro Line Equipment for the skate park. Funding is available from 117-6111~519-63.40. Contract award to RPM General Contractors, Inc. in the amount of $83,910.00 for interior improvements to the Pompey Park Community Center. Funding is available from 334-4172~572-46.10. Contract award to Conquest Engineering, Inc. in the amount of $1,250,460.00 for the SW Area II Infrastructure Improvements. Funding is available from 442-5178- 536-65.58 and 448-5470~538-65.58 (SW Area II). Purchase award to Red Wing Shoe Store for the purchase of 135 pairs of safety boots for the Fire-Rescue Department. Funding is available from 115-0000-248- 64.00 (Paramedic Gift Account) and 001-2315-526-52.22 (Uniforms-Operations Division). Various bid awards in the amount of $289,655.00 via the Florida Sheriffs' Association and State of Florida Contracts for the replacement of City vehicles. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). Various bid awards in the amount of $275,302.00 via the Florida Sheriffs' Associatmn Contract for Take Home vehicles for the Police Department. Funding is available from proceeds received from the advance refunding of the Guaranteed Investment Contracts. Recommend approval of the above bids and purchases. S'\C~ty Clerk\chevelle folder\agenda memo\Bad Memo. Z18.03 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~~ AGENDA ITEM o REGULAR MEETING OF FEBRUARY 18. 2003 AWARD OF BIDS AND CONTRACTS FEBRUARY 14, 2003 This is before the City Commission to approve the award of the following bids: Contract award to Dominica Recreatton Products in the amount of $158,038.75 for the purchase of Platinum Pro lane Equipment for the skate park. Funding is available from 117-6111-519-63.40. Contract award to RPM General Contractors, Inc. in the amount of $83,910.00 for interior improvements to the Pompey Park Community Center. Funding is available from 334-4172-572o46.10. Contract award to Conquest Engineering, Inc. in the amount of $1,250,460.00 for the SW Area II Infrastructure Improvements. Funding is available from 442-5178- 536-65.58 and 448-5470-538-65.58 (SW Area II). Recommend approval of the above bids and purchases. S:\C:ty Clerk\chevelle folder\agenda memo\Btd Memo Z18.03 £1TYEIEtRI:IY gEl:Il:Fl ,[:) E~LR~Y~ B,E^~ ~ NI-AmericaCity 1993 2001 100 N W 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 MEMORANDUM TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Platinum Pro Line Equipment for Skateboard Park DATE: February 5, 2003 Attached please find a quote from Dominica Recreation Products, Inc. for the Platinum Pro Line equipment (half pipes, quarter pipes, ramps, grinding rails, fun boxes, etc.) for the skate park in the amount of $158,038.75. The price includes installation and is on state contract #650-001-01-1. The product is manufactured by Spohn Modular Skate Parks. David Miller has worked with Spohn Ranch in designing and laying out the skate park. Included in the proposal is the layout and design of the skateboard park. I have also included brochures concerning Spohn Ranch and how their equipment is manufactured. In addition, we did our own survey of skate parks that have used Spohn Ranch products, with 11 of the 12 users giving favorable responses. We held two public hearings on July 8, 2002 and July 15, 2002 and received a lot of feedback from the skateboarders and changed some of our designs to reflect their comments. I recommend the contract be awarded to Dominica Recreation Products in the amount of $158,038.75 and charged to account #117-6111-519-63.40. Please place this on the February 18, 2003 agenda for City Commission consideration. J don Di~ctor of Parks and Recreation At t achment s cc: Chevelle Nubin, Agenda Coordinator Ref: dhskpkdom THE EFFORT ALWAYS MATTERS Pr;nted on Recycled Pape~ FAX MEMO February 3, 2005 To: Fro: Re: Pages {in¢! cover): Joe Weldon, Direotor of Parks & Recreation Bony kook G~meTimP. JSpohn Skate Park Equipment- $1~t~ Contract 1t Following please find the proposal you require for pr~entation to your City Council The quotation references our SteL~ Contract #650-001-01-1 in the -comments section. We have al~o inoluded 5121te Contract documerdation to Confirm our aurrent contract, We normally offer a five percent (5%) discount for skate p~rk equipment, but have offered you a special promotion~! discount of approximatsly 11%. Please do not he61tate to oo~ me ifyou need anything else, ,02/03/2003 15:35 FAX 407 331 4720 DRP [ 002/011 Enriching Chiidhood Through PLay. Da~ 1/31/20~ Revlse~l Quote No.: 231402902 GAME'rIME do Oominice Recreation Products P,O, Box 520700 Longwood, FL 32752~700 Phone: (407)331-0101 Toff Free: (800)432-0162 Fa~imile: (407)331-4720 Conta~; Barry C. E-mall: barryl~gametlme.com GameTime Quotation OFI'Y OF DELRAY BEACH Attn: Mr. Joe Weidon Fot: Skate Park 50 NW Fi~t Avenue Delmy I~c.h, FL $~444 IBhip to 7_iD: 33444 Telephon,~ 561-243-7251 Facalmlla: ~il-245-72~8 ITEM. 40001 400O6 4OO25 41(XX) 41003 41009 41010 41013 41014 41022 41025 41029 41031 41032 41043 41044 41045 , 41051 41052 410.59 41{~I 41097 41103 41105 41109 Manual Box Right Wedge Dbl Kinked Grind Rail 1 4'Hi 24"W #Deep Helfpipe 8gl Kink Grind Reit Funbox 5'HI Kicker Wedge 4'D 4'W 4'HI 8'W Red Wedge Left 4'Hi 8"W Red Wedge Ri~t 5'H18%N Red Wedge Left 5'Hi 8'W R~l Wedge Right 4'Quarter PIpe R~ht 4'Quarter Pipe 6'Hi Quaffer Pipe Left 6'Hi Quarter Pipe Middle 6'-4'Raked Quatte~ Pirie R 4'HI De,ok 4'Dx~W Left 4'Hi Deck 4'Dx~/V Right 4'Hi Deck 4'DxS'W Middle 5'Hi De~k 4'DxS'W Left 5'Hi De~k 4'DxB'W Right 6'HI Deck 4'DxgW Left: O'l I[ L'~.~'~ 4'DA0~N Mkldlo BaSi~ Fu~ BOx NO Enclosun~ PUI'~OX R PIR~'Rr Ha Funbox Full Planter No Enclosure Funbox W/"d,$1de Pi~amld L Ext Wei=ht ~flce Ext Price 1 ,~N,O 6,515.00 $~,$1 127 52~i.00 0,395 34, t75.00 $~,t78.00 8G 625.00 $525,00 970 3,7~.00 ~7~,00 740 2,350.00 770 2.820.00 $2,820.00 770 2,820.00 $2,820.00 652 2,315.00 ~.,315.00 515 2,055.00 ~2,055.00 773 2,775.00 $2,775.00 BOg 2,515.00 $2,515.00 1,405 G,100.00 $5, t00.00 601 2,32~.00 $2,~25.00 1,202 2,325.00 $4,650.00 5~$ 1,605.00 $1,60S.00 686 2,405.00 $2,40B, 00 685 - 2,405,00 $2,405.00 713 2,610.00 $2,010.00 QtG '~.2B0 fJ~ ~.'PfiB t,575 5,505.00 ~5,505.00 2,310 10,225,00 $10,225.00 ~,~'Z~ t4,$15.00 $14,8t5.00 ~1,716 Sub4ot31: $12g. 1,10.00 Di~unt~ ($1:~,lX~l.-q$) lnntnllntinn' S~,~DO 0{1 Eatimated Freight 02/03/2003 I ON 15:36 FAX 407 331 720 DRP 1 005/01! Is ~ on ~blpmem ~ ~1 Be~ at o~ ~ to n ~i~o ~ ~in~, u ~e~s ~t~, a~ ~a~ lm ~j~t ~ ~i~ adjunct, Pu~as~ ~e~ of $1,~0.~ t~ ~ s~o~d byyour ~n purc~e o~r ~ ~t to O~eTi~, ~o ~n~ R~maflon P~n~ to, b. ~do~,t rm ~r~ da~ ~ ~te of quo~en. imp~ on el ~at ~e a~, ~ge ~t 8~pmmt' o~et sha~ sh~ ~hb ~-~ ~s dt~ Gauge's remit and gcep~ ~ y~rpu~ o~er, c~or~l~s, Prei~ ~ Pm~ mU a~ ~ t~e ofinv~o~g, T~ ~e md I~al ~, ff ap~i~Ue, ~1( ~ ~d ~ ~ time ~ in v~ng ~l~s a ~x ~ ~flo~ ~ ~ovl~d at ~e time of or~r e~. Reoa~ of g~s: Cus~ shall mcei~, unl~d and iai{ ~a ~n a~val, n~ing aW di~c~e ~ ~ ~ve~ Ree&~ ~us~: un~as s~fi~lly in~uded, thJs qa~fl~ ~elud~ all ~te wo~ and ~d~; ~ of axing equineS; eG~n~ of e~pm~t ~ ~-]oad~; s~m~ of goods p~or ~o insta~on; ~ui~ ~e~y and installaeon; s~e~ s~ng; bo~e~ ~ ~inage provisions. l~tallat~: shal b~ ~ a ~[fle~ ~meTime Installe~. ~stemer s~l be ~e fm seheduling ~i~en and ~te Site shoutd ~ level and ~it ins~lation equi~ent a~ees. ~er shall be ~nsJ~e for un~ ~s such as bu~ed utJEfies, tree stumps, b~m~ or ~ ~n~led ~ls ~ ca~lions ~ may ~suit in addJaona[ lair ~ m~eHal ~ts." To ~ ~ oo ~bte t~ a~ep~ ~n oft~s ~t~n a~ p~e color ~s, p~ha~ o~ c~y ~ ~hm ~yl~orm~lon r~sed. ~tance ofthls ~al ind~es ~r ~reem~ to ~ t~s ~ =~d~s eaed ~les T~ ~emption ~fl~e ~ Acoeotmn.._oe qf..quotaUon: Aooepted by: .... __, ---;. P.O. No: Signature: Date: T~tle: Telephone: Purchase amount: ;158~038.75 Faoaimile: Order Information Bill to: ---.. Ship to: Contact: Contact Add)ems: Tel: Fax: Addrees: CRy, State, Zip: Sales Tax Exemption Certificate No: Address: C~y, State,' (please provide ~py of certit'~te) C:~vgtYeperts~R3Qg.rpt 3.2. lO. 12.26.02.3,2,1 2 of 2 ~02/05/2003 ~ON 15:38 FAX 407 351 4720 DRP 02/03/2003 ION 15:57 FAX 407 551 4720 DRP {~004/011 I -- IJllJllJl : i I · ~ I IIIlillll II Il ~::~::: IIIIIIIl~lllll[ .~- :,,,,Iq~, ,, ,, ~,[ ['.:'.,:'..:'y' ' [ I !Ii iii[ I ' ' r- ~ ~ . ~ ~1111111i"11'' I.~iil'llll ~ ~ ~lll.l. II IIIIII III !~1111~- IIIIIIL I I IIIIIIII I I IIIlillll II1 a lllllllll'[I I II Illllll '~it ~llllllld"ll'ltlllll~lillllll ~ ~1]!.11111111111111=111111~- ~111 tl I I!1 IEI.I Ill [11111 F~ I ' ~llllll-IIIi~llllll,JJ,J,llll ~ il I 'Ill I Il !I illllll I I I II 'l llJ t 4. ]. ~ Equipment 9 features 1. support frames: The base components to our skate system are these frames, They come in various heights and widths and are very similar to scaffolding used in the construction industry. These frames are constructed from 1.5" schedule 10 pipe (ASTM Grade A-53) and are very durable. 2. Diagonal cross bracing: These braces add diagonal, or shear, strength to our skate structures. These braces come in various lengths and attach to the support frames with threaded lugs. These braces also maintain the appropriate spacing needed between frames. 3. Adjustable base plates: Heavy-duty adjustable base plates give our equipment the ability to be set up on uneven ground. This adjustability is especialy useful when installing large banks of equipment; it allows for a more precise, higher caliber installation. These base plates can be substituted with casters, making the equipment portable when needed. 4. Equipment anchors: Concrete anchors are used to bolt the equipment to the ground. This attachment is key and provides the required seismic and shear strength. This anchoring also creates stronger, quieter equipment. We offer either standard protruding anchors, or flush-mounted anchors for use in situations where equipment must be removable. 5. Deck: The deck sits atop the support frames and completes the base structure. From this point, all other components or accessories attach to or hang from the deck. All decks use a standard ledger system that allow the integration of any type of transition or wedge component. Decks are constructed from 1" x 2" x .083 square steel tubing (ASTM A-513). 6. Coping: The coping is an exposed section of round pipe which protrudes above the skating surface, and is used by skaters for a variety of reasons First, it is used as a perch; second as an area to slide across; and third, as a bump that pops skateboards away from the ramp. The coping is an important feature; its protrusion must be precise & consistant. 7. Transition: The transition is a curved ramp component that descends from the deck and feathers smoothly onto the ground. A similar component, while straight instead of curved, is a wedge. Both components are heavy-use areas, so vertically-oriented structural members provide necessary strength. Transitions are built with 1.5" x 1.5' x .083 tubing. 8. Approach plates: The approach plate spans the area between the ramp and the ground. This is also a heavy use area and needs to be durable. Approach plates are fabricated from 1/4" thick steel sheets, and sit directly on top of the ramp sub-surface. Torx self- threading fasteners are used to attach the approach plate to the steel frame below. 9. Handrails: The handrails are important safety components. A standard item, the handrails are 42" tall and come in various lengths according to intended use. Handrails are also constructed from 1.5" x 1.5" x .083 square steel tubing. Spohn Ranch, Inc, 15131 Clark Ave, Unit B, C~ty of Industry, CA 91745, Ph 626-330-5803, Fx 626-330-5503, e-rnail, aspohn@~dt.net, spohnranch.com, All rights reserved. ~ 2000 HOW TO WRITE YOUR SKATE PARK EQUIPMENT RFP Spohn Ranch, Inc. ENGINEERING SPECIFICATIONS: Load Calculations: Live load: Wind Load Minimum: Dynamic Load: Seismic Load Minimum: Sliding Resistance: Steel Strength: Joists: Angles: Pipes: CONSTRUCTION SPECIFICATIONS: 60 psf 7.2 psf- 70 mph 75 psf Zone 3 38.4 lbs./sf of ramp surface 46 ksi 36 ksi 35 ksi Structures: · All structures shall be hot-dip galvanized steel tubing, ASTM Grade A-513, Minimum Gauge .083. · Decks: 2" x 2" Perimeter with 1" x 2" Joists, 12" O.C. · Transitions: Minimum 1.5" x 1.5" Vertical Ribs, 12" O.C. · Wedges: Minimum 1" x 2" Vertical Ribs, 12" O.C. · Scaffold: Min. 1.25" Sch 10 Pipe (ASTM Grade A-53); 5" x 5" Base Plates Various: Angle Steel (ASTM Grade A-36) Plate Steel (ASTM Grade A-516) Pipe (ASTM Grade A-53) · All equipment must be positively fastened to the slab with a minimum of one wedge anchor per support foot, and one per every 4' at the front edge. Substrate: · All substrate material shall be 3/4" thick 100% polyethylene. · All decks, banks, transitions, and walls must have a minimum of 3/4" substrate and 1/4" skating surface, · All seams in substrate must fall on framing members. Surface: · All skate surfaces shall be 1/4" thick Skatelite or Skatelite Pro. · All decks must have 1/4" Skatelite or Skatelite Pro surfacing. · All skate surfaces shall have a minimum expansion gap of 1/8" and maximum of 3/16". · As per manufacturer's specification, all Skatelite and Skatelite Pro surfaces shall be bordered by 1/4" x 1 1/2" galvanized steel. · All screws shall be counter-sunk. Fasteners: · Screw spacing shall be a minimum of 12" square centers for the fields of all surfaces. Screw spacing shall be a minimum of 6" square centers for the edges of all surfaces. All fasteners must be a minimum of 1/4-20, heat-treated, zinc-coated Torx-head screws. · All fasteners must connect to steel framing. Finish: · All exposed edges shall be galvanized steel. · All materials used must be weatherproof, including UV resistance. · Coping reveals shall not vary more than 1/8" over the span of a piece of equipment. · All radii shall not vary more than 1/4" from stated dimension. · There shall be a 3" galvanized steel plate behind all coping. · All equipment shall have a 1/4" galvanized steel approach plate. · All approach plates shall be 1/4" thick galvanized steel plate, fastened directly to steel framing with Torx-head screws. All ramps must have return hand rails where applicable. Spohn Ranch, Inc. 15131 Clark Avenue, City of Industry, CA, 91745 626-330-5803 phone/626-330-5503 fax/e-mail: aspohn(~idt.netJ www.spohnranch.com 12,1 50 SQUARE FOOT PACKAGE Item # Item Skatelite Skatelite Pro 1 5' Quarter Pipe $ 3,855.39 $ 4,012.90 2 4' Quarter Pipe $ 3,544.66 $ 3,733.38 3-4 4' Radlused Hip $ 6,192.12 $ 6,570.74 5-6 3' Quarter Pipe $ 6,423.92 $ 6,857.29 7-8 3' Quarter Pipe $ 6,423.92 $ 6,857.29 9-10 4' Radiused Hip $ 6,092.11 $ 6,485.89 11 4' Wedge $ 3,029.05 $ 3,260.90 12 Raked Wedge $ 6,460.67 $ 6,615.98 13 4' Wedge $ 3,230.34 $ 3,307.99 14 Launch Box $ 5,526.94 $ 5,825.45 15-16 2' Fun Box $ 12,533.01 $ 13,285.16 17-19 Grind Rails $ 1,575.00 $ 1,575.00 20 ManualBox $ 5,942.08 $ 6,378.28 21-22 3' Fun Box $ 12,810.32 $ 13,748.51 23-24 5' Ledge Box $ 8,686.77 $ 9,125.84 25-26 4' Radiused Hip $ 7,004.53 $ 7,430.26 27 5' Wedge $ 3,230.34 $ 3,473.39 28 42" Quarter Pipe $ 3,605.24 $ 3,871.51 29 5'Wedge . $ 3,230.34 $ 3,473.39 Total Equipment Costs Shipping and Installation 109,396.73 $ 115,889.15 35,437.50 $ 35,437.50 Grand Total Costs $144,834.23 $ 151,326.65 Spahn Ranch, inc., 1513! Clark Ave., City or' Industry, CA 91745, Ph. 626-330-.5803, Fx 626-330-5503, c-mail: spohn ranch@gte.net, spohnranch.com, All rights reserved. O 2000 TO: FROM: DATE: RE: Joe Weldon Director of Parks & Recreation Rodger R. Ribeiro, CPRP ~ Recreation Superintendent ~' August 30, 2002 Skate Park Survey Attached are the results of our Skate Park Survey for Spohn Ranch. Twelve skate parks were contacted, vat)ting in location from New York, New lersey, Illinois, Pennsylvania, Washington State, California, and Maryland to Florida. Out of the twelve parks surveyed, eleven had favorable responses and only one was negative. Overall, Spolm Ranch appears to be a reliable company as it relates to installation of skate parks. The Skate Lite Pro surface is a quality product. If you have any questions, please call ext. 7256 or e-mail Ribeiro~cf.'.dclray-beach.fl.us. Rich Connell, Assistant Director of Parks & Recreation File Attachments S:XPm'ks & Rccr~tionXghamd Filcs~Rccre~ion~R¢c. Adm!niatration~R~cre. a~ion Saperint~dent~t_RR~c~tc~doc DELRAY BEACH SKATE PARK SURVEY SPOHN RANCH Nme.' Contact: Phone Number: Bowie Skate Park, Maryland Matt Reno (301) 262-6200 What is thc size of your skate park0. $,100 sq. feet How long have you had surface ramps in place? Installed April, 2002 Is Skate Lite Pro surface durable? Excellent, no scratches What kind of upkeep is required? Inspect daily torque heads (screws). Would you buy product ramps again? Yes, deg~itely CommclRs: Wash with wet mop to take offpollen U:X, RRR Fil~s~at~ pm~ sm~ey, doe DELRAY BEACH SKATE PARK SURVEY SPOHN RANCH Name: Contact: Phone Number: Village of Orland Park, IL Grinding Edge Skate Park Gina Hasset-Complex Supervisor What is the size of your skate l:~zk? 25,O00 sq. feet How long have you had smface ramps, in phce? Installed May 2001---one winter cycle Is Skate Lite Pro surface durable? Should be fine at 95-100 degrees What kind of upkeep is required? Check the screws ~i~y. *No safety panels to prevent skaters from going lmder ramp Would you buy product ramps a~in? Yes Vendor installation on schedule, completed project on time. U:kRltR Files\Skate pm4~ survey2.doc DELRAY BEACH SKATE PARK SURVEY SPOHN RANCH Name: Contact: Phone Number: City of Oakdale, CA Ed Christensea (209) 847-3031 What is the size of your skate park? 90 x 100 = 9,000 sq. feet How long have you had surface ramps in place? Since February, 2002~6 months Is Skate Lite Pro surface durable? Yes, durable. The rails are chrome. A few screw heads fell off~, however, the pamphlet explained how to fix then~ What kind of upkeep is required? Check the screws once a month. Would you buy product ramps again? Yes, they are the "Cadillac" Of the industry. Used on ESPN X-Games Good people; on time U:XRRR Fil~aXgkat~ imrk surveyl.doc D ELRAY BEACH SKATE PARK SURVEY SPOHN RANCH Name: .Contact: Phone Number: Mary Brogan Skate Park ~f Martin County, FL Pat Vicknair, Project Coordinator (561) 221-1327 What is the size of your skate park? 15,000 sq. feet Cost: $75,000 first phase How long have you had surface ramps in place? 2 years Skate Lite Pro surface durable? Used Skate Lite, 2 yeats old Used Skate Lite Pro, 1 year old What kind of upkeep is required? Check the screws once a month for loose screws Would you buy product ramps again? Yes, will buy again Very good, efficient Spohn Ranch bought out by Crame Time U:LRRR Files\Skate park survoy3.doc DELRAY BEACH SKATE PARK SURVEY SPOHN RANCH Name: Contact: Phone Number: "Kiwanis" lndiantown, Martin County, FL What is the size of your skate park? 70 x 100 = 7,000 sq. feet Cost: $100,000 50 x 104 = 5,200 sq. feet Cost: $65,000 How long have you had surface ramps in place? 2 years Is Skate Lite Pro surface durable? Yes What kind of upkecp is required? Check the screws Would you buy product ramps again? Yes Skate Lite: NEW *Skate Lite Pro: 60°,4 wood 40°,4 plastic 60°,4 plastic 40°,4 wood U:~RRR Fileskqkate park sm-vey4.doc DELRAY BEACH Parks 6 Recr diFon' SKATE PARK SURVEY SPOHN RANCH Name: Contact: Phone Number: Ocean City Skate Park, Ocean City, New Jersey Frank Tede~co (609) 525-9400 What is the size of your skate park? lOOx 115 = 11,500 sq. feet How long have you had surface ramps in place? In operation since June 1, 2002 Is Skate Lite Pro surface durable? No problems with the equipmmt. What kind of upkeep is required? Wet mop Would you buy product ramps again? It is a quality product, the surface material is forgiving when you bounce offit and it is also quieter. ConsWaction went vevj well. Spohn Ranch was very professional and on time, U:W, RR FileskSka~ park surveyS.doc DELRAY BEACH SKATE PARK SURVEY SPOHN RANCH Name: Contact: Phone Number: City of Yorkville, IL Skate Park Sue SwJthin (630) 5534357 What is the size of your skate park? ,- 50 x 100, 5,000 sq. feet Too small, would double the size How long have you had surface ramps in place? 3 years Is Skate Lite Pro surface durable? Not pleased40-90% of surface not durable. Screws are a big problem, heads break of[ many screws are stripped. The sides of the ramps needed to be rephced. What kind of upkeep is required? Check the screws for breakage Would you buy product ramps a~in? No, would not use agai~ Service was not very good. Comments: When the sides needed to be replaced, the company just dropped off the pieces, did not install. U:~CRR Files\Sknte pnnk mawey6 doc D ELRAY BEACH SKATE PARK SURVEY SPOHN RANCH Name: Contact: Phone Number: Plainfield Township, IL Skate Park Jerry Culp (815) 436-8812 What is the size of your skate park? 18,000 sq, feet How long have you had surface mm.ns in phce? I month Is Skate Lite Pro surface durable? No problems yet What kind of upkeep is required? None so far Would you buy product ramps a~in? Yes, installation was on time Comments'. Next choice would be in-ground 'q:~owl" ramp U:LRRR Fil~s\Ska~e park aa'vc'y7.doc DELRAY BEACH SKATE PARK SURVEY SPOHN RANCH Name: Contact: Phone Number: Napen4ae, IL Skate Park Tom Stanton (630) 848-$012 What is the size of your skate park? 12,000 SCl. feet How long have you had surface ramps in place? Built 3 years ago in 1999 Is Skate Lite Pro surface durable? Very happy with Spohn Ranch--the surface is the best. What kind of upkeep is required? Upkeep is minimal. Purchased upkeep agreement, well wor~ it. The agreement is for a year and they will repair, replace, etc. any of their equipment. Would you buy product ramps a~in? Yes Comments: Charge fee of $4.00 per day or $40.00 per year. All participants sign a waiver ever/year. U:\RRR Files\Skate tmrk surveyg.doc DELRAY BEACH SKATE PARK SURVEY SPOHN RANCH Name: Contact: Phone Number: Hampden Park Skate, City of Reading PA zed. sharp (610) 655-6207 What is the size of your skate park? 7,580 sq. feet. Equipment is located on a 57' x 133' asphalt paved surface. Area includes one 5' mdiused wedge with kicker quax~ pipe, one 2' tall by 16' wide fun box with grind rail and raked planter, one 4' tall by 8' wide radiused wedge, one compound manual box, and two fi~e-standing grind rails. How long have you had surface ramps in place? Equipment was installed in March, 2002. Is Skate Lite Pro surface durable? Since its installation, the equipment and surfacing have been very durable and show no sign of excessive wear, What kind of upkeep is required? No maintenance or upkeep of the equipment has been necessary due to the newness of the equipment. Would you buy product ramps a~in? The city of Reading would definitely consider buying Spohn Ranch equipment again in the future. Comment$: U:~q.RR Files'~.ate park surveyg, doc DELRAY BEACH SKATE PARK SURVEY SPOHN RANCH Name: Contact: Phone Number: Deer Park, WA Skate Park Roger Krieger (509) 276-8802 What is the size of your ~kate park? 80 x 100. 8,000 sq. feet How long have you had surface ramps in place? 2 years Is Skate Lite Pro surface durable? No problems What kind of upkeep is required? Redo fasteners on ramps in cold weather (under warranty). Work fine now, just need to check screws. Would you buy product ramps Yes, nice product. Adjustable. Comments' Asphalt surface, not concrete. Held up well in summer (100 degrees) and winter (0 degrees). U:LP, RR Files\S~ca~c psrk surveylO.doc SKATE PARK SURVEY SPOHN RANCH Name: Contact: Phone Number: Stotzlcy Park Skate Park, Town of Riverhead, NY Jane Vandenthrong (631) 727-5744 What is the size of your .qkate park? 10,000+ sq. feet~upper and lower. How long have you had surface ramps in place? May 1 l, 2OO2 Is Skate Lite Pro ~ durable? Pretty durable. They allow BIVIX bikes in park, which gouges the ramps What kind of upkeep is required? Sweep off. Check screws daily. Tighten screws weekly, Would you buy product ramps a~in? Yes, happy with product. Comments: U:~V,,RR File~kato park surveyI l.do¢ Date: Feb. 5, 2003 AGENDA REQUEST Request to be placed on: Consent Agenda ~ Regular Agenda ,, Workshop Agenda When: Feb.ruary 18, 2003 Description of Agenda Item (who, what, w~ere, how much): contract for Platinum P, ro Line equipment Products in the amount of $158,038.75 to Special Agenda Request awarding for skateboard park to Dominica Recreation be funded out of account #117-6111-519-63.40. Department Head Signature: City Attorney Rev~/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: (~No Initials: Account Number //-~ - ~ l ~ I - 5'lq-l,.~ Description 2~-~r.~ ~4~ 7~, ~ Account Balance: ~ ~7,.5',~ -Tf~, Funding Alternatives: City Manager Review: Approved for Agenda: ~ No Initials: Hold Until: Agenda Coordinator Review: (if applicable) Received: City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: DAVID T. HARDEN City Manager FROM: VICTOR MAJTENYI Assistant Construction Manager www. delrayesd, com SUBJECT: Pompey Park Interior Improvements, P/N 2002-017 Contract Award DATE: JANUARY 27, 2003 Attached is an Agenda Request for City Commission to approve an award of contract to RPM General Contractors, Inc. for the construction of interior improvements to the Pompey Park Community Center building. The scope of work includes remodeling of existing multi-use and storage areas to create offices, a game room, and a computer lab. The remodeling consists of new drywall partitions, ceilings, interior finishes, and associated modifications to the electrical and HVAC systems. On Thursday, January 16, 2003, the City opened bids for this project with the lowest responsive bid from RPM General Contractors, Inc. at $83,910.00. A copy of the bid tabulation is attached for your review. Staff recommends City Commission award the contract to RPM General Contractors, Inc. in the amount of $83,910.00 for the construction of the Pompey Park Community Center Interior Improvements project, P/N 2002-017. RPM General Contractors, Inc. has successfully completed the ESD & Police Department Interior Improvements and the rebuild of the Fire Headquarters Cupolas. Funding is available from 334-4172-572-46.10, General Construction Fund/Pompey Park/Building Maintenance. Richard Hasko; Director of ESD Joe Weldon; Director of PaWs & Recreation Randal Krejcarek, City Engineer Rafael Ballestero, Dep. Dir of Construction City Clerks Office Agenda File 02/04103 File 2000-042(A) $: %EngAdmtn~Projectsl2002~2002-Ol 7\CONSTRC25agnd memo RPM 02 04. 03. doc 01/22/05 ~ED 16:47 FAX 561 245 ?~14 David M ller ENYIRONMENTAL SR¥. DEI'T. '~'*'~ PARKS & REC ~001 ....., 2o~&-~ £ ~- ~ and Associates, P.A. David R. Miller. A LA., NCARB · W. Bmc~ Millet, P E December 2, 2002 CITY OF DELRAY BEACH POMPEY PARK INTERIOR IMPROVEMENTS Preliminary E~timate of Probable Con,~0'uction Cost A. Demolition B. Block ! Stucco C. h'~tcrior Finishes D, Drywall E. Doors / Windows F, M¢chm'fical G. Electrical I i. Plumbing Est/matexl Cost 2,000 2,500 21.000 10.000 6,500 10,000 10,000 5,000 Sub Total 10% General Conditions 10% Overhead & Profit 10% Contingency Total Estimated Cost $ 67,000 6,500 6,500 6,500 86,500 Note: 'f'b,e above costs are preliminary in nature and wm'e assembled without the benefit of Contractors' or Suppliers' bids or quotartons. po~t-R' F~x No~e 7671 Arebilecture - Engineering · Planning · Construction Management · Interior Design 2090 Palm Beach Lakes Bird, Suit~ 205 West Palm Beach. Florida 33109 {561) 6974700 * (561) 697-4105 Fax AGENDA REQUEST Agenda Item No.:~)~X'~· ~_ Request to be placed on: DATE:Janua~ 27,2003 X Regular Agenda Special Agenda Workshop Agenda When: Febma~4, 2003 Description of item (who, what, where, how much): Award of contract to the lowest responsive bidder, RPM General Contractors, Inc. in the amount of $83,910.00.00 for the construction of interior improvements to the Pompey Park Community Center building, PIN 2002-017. The funding for this project will be provided from the following account: Funding Source General Construction Fund/Pompey Park/Building Maintenance. Account Number 334-4172-572-46.10 Amount $83,g10.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of contract to RPM General Contractors, Inc. for the construction of inte. r, ier.,jmprovements to the,Pompey Park Community Center, PIN 2002-017. Department Head( /~-- ~/~/~~ ~ Signature: ~,,j~~ ~,._.-~ ~ ~-~-,~?"' ~,.~ 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 No. & Description Account Balance City Manager Review: Approved for agenda: ~NO ~ Hold Until: (if applicable) . **,.,,, ,, ' . See above .~-/- .z..//,~,~ See above ,~q ~-.~.. Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2002-017(A) S'~ngAdmin~,Projccts~,002'Q002-017\CONSTRC'l~sgnd req RPM 02.04 03 doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal L. Krejcarek, P.E., City Engineer ~~ 05 Feb 2003 SW Area Improvements, SW Area II Contract Award Commission Agenda Item Project # 2001-047 The attached agenda item is for Commission approval/authorization for Mayor to execute Contract with Conquest Engineering, Inc. This Contract is for Southwest Area 2 Infrastructure Improvements. These improvements include: installation of water mains, drainage and street reconstruction/resurfacing. Total cost for this Contract is $1,250,460.00. Funding is provided as follows: Account# DescH~ion Contract Amount Account Balance 442-5178-536-65.58 SWArea 2 $ 989,408.00 $1,005,211.00 448-5470-538-65.58 SWArea 2 $ 261,052.00 $ 750,000.00 Total $1,250,460.00 The attached map shows the project locations and the complete bid tabulation for this project. Please place this item on the 04 Mar 2003 Commission Agenda. enc cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director file S'~EngAdminV=rojects~2001~2001-O47tOFFIClAL~OO3mar04 agendamemo, doc ATLANTIC AVENUE j , ~ Cl~ of DELRAY BEACH s.w. AREA IMPROVEMENTS, E~RONME~ ~8 DEP~E~ S,W, AREA II SWAREA ~.Z Date: 05 Feb 2003 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X .Consent Agenda Regular Agenda Workshop Agenda __.Special Agenda When:~2003~ ~¥)%%~L ~~x~ Descrip~em (who, what, where, how much): The attached agenda item is for Commission approval/authorization for Mayor to execute Contract with Conquest Engineering, Inc. This Contract is for Southwest Area 2 Infrastructure Improvements. These improvements include: installation of water mains, drainage and street reconstruction/resurfacing. Total cost for this Contract is $1,250,460.00. Fundin~ is provided as follows: Account # Description Contract Amount Account Balance 442-5178-536-65.58 SW Area 2 $ 989,408.00 $1,005,211.00 448-5470-538-65.58 SW Area 2 $ 261,052.00 $ 750,000.00 Total $1,250,460.00 Staff Recommendation: Department Head SignaturefI~~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: See above See above See above N.A. (if applicable) City Manager Review: Approved for Agenda: Hold Until: NoInitials: Agenda Coordinator Review: Received: S:kEngAdmin\Projects\200 l\2001-047\OFFICIAL\2003mar04 agenda.doc [IT¥ OF DELRrlV BEI:I[H FIRE DEPARTMENT DELRAY BEACH ~ll.Amedca C~ 1993 MF:MORANDUM SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: February 3, 2003 SUBJECT: Purchase of Red Wing Safety Boots The Fire-Rescue Department recommends purchasing 135 pairs of high top safety shoes from Red Wing Shoes in the amount of $19,980.00 from the current City contract. Funding is available in the current budget year from categories 115-0000-248-64-00 (Paramedic Gift Account) in the amount of $10,064.00; and 001-2315-526-52-22 (Uniforms-Operations Division)in the amount of $9,916.00. This purchase will equip all Certified Fire Fighters with this level of protection. The footwear we have selected was originally developed for use in the off- shore oil industry, and its present design is especially well suited for use by Fire Fighters and Paramedics. The shoe is equipped with a zipper for quick donning, high ankle protection, puncture resistant soles, steel toe caps, and a slip resistant outer sole. The anticipated life of this particular product, established by actual use in several other area fire-rescue agencies, is in excess of two years. In selecting this product, its service life and our ability to re-sole the shoe with good results were fully considered. The extended service life and excellent warranty considerations suggest that our continued annualized cost will be less than if we purchased a less expensive shoe and had to replace it more often. Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Pnnted on Recycled Paper Request to be placed on: X Consent Agenda When: February 18, 2003 Description of agenda item: AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Date: February 03, 2003 Workshop Agenda Request approval to purchase 135 pairs of Red Wing safety boots for Fire-Rescue Department personnel for a total purchase amount of $19,980.00 from the current City contract. Sixty-eight (68) pairs to be purchased from Account # 115-0000-248-64-00 totaling $10,064.00, and sixty- seven (67) pairs to be purchased from Account # 001-2315-526-52-22 totaling $ 9,916.00. ORDINANCE/RESOLUTION REQUIRED: YES Draft of resolution Attached: YES Recommendation: Approve NO X NO 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):,~ ~ 2//~'/~' Funding available: Yes ~ No Funding alternatives: Account Number: ) Account Description: Account Balance: City Manager Review: Approved for agenda: ~) ~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # PUBLIC WORKS MEMORANDUM To: David T. Harden, City Manager From: Richard C. Olson, Interim Director of Public Works Date: February 14, 2003 Subject CITY COMMISSION MEETING FEBRURY 18~ 2003 BID AWARD - REPLACEMENT VEHICLES Action City Commission is requested to approve bid awards £or replacement o£ City vehicles per staff recommendation. Background City vehicle replacements are requested on an annual basis due to age, mileage, repair costs, or a combination of the above. Attachment "A" is a proposed list of the vehicles being recommended for replacement this year. Vehicles 1-5 had been approved either administratively or by the City Commission at previous Commission meetings. Vehicles 7-11, 13-20, 24-26, and 28 were approved at the City Commission meeting of January 21, 2003. Recommendation Staff recommends various bid awards from Florida Sheriff Association Contract, as specified in Attachment "B" and from the State of Florida Contract attachment. "C". The unit costs include various options and extended warranties on all vehicles. Not included are some option items that we will acquire from other vendors not available on these contracts. The total of the recommended purchases is $ 289,655.00. Funding is available from the FY02-03 budget in City Garage Account #501-3312-591- 64.20. Attachments (3) C: Bill Darty Fde u fischer/agendal-03 doc City of Delray Beach Proposed Vehicle Replacement Listing FY 02-03 Attachment "B" Florida Sheriffs Association Line Line New Vehicle Item # Description Vendor Make Model Cost Total Cost 12 Police Intercepter FSA Spec #1 Ford Crown V~c 28,840 28,840 21 Police Intercepter FSASpec#1 ,Ford iCrown Vic 28,840 57,680 22 Police Intercepter FSA Spec #1 I Ford i Crown Vic i 28,840 86,520 23 Police Intercepter FSASpec#1 Ford ',Crown Vic .... 28,840 115,360 29 Police Intercepter FSA Spec #1 Ford Crown Vic 28,840 144,200 30 Police Intercepter FSASpec#1 Ford iCrown V~c 28,840 173,040 31 Compact FWD FSA Spec #5 Chevy Cavaher 12,333 185,373 33 Police Intercepter FSASpec#1 iFord ~Crown V~c 28,840 214,213 10/24/02 City of Delray Beach Proposed Vehicle Replacement Listing FY 02-03 Attachment "C" State Contract L~ne Line New Vehicle Item # Descdpbon !Vendor I Make Model Cost Total Cost -- 27 Mulching Mower i515-630-00-1 Toro Toro 328D 14,945 14,945 32 Dump Truck t070-700-400 nternabona 7000 Series 60,497 75,442 10/24/02 To: From: Date: Subject PUBLIC WORKS MEMORANDUM David T. Harden, City Manager Richard C. Olson, Interim Director of Public Works February 14, 2003 CITY COMMISSION MEETING FEBRUARY 18~ 2003 BID AWARD - TAKE HOME VEHICLES FOR THE POLICE DEPARTMENT Action City Commission is requested to approve bid awards for the purchase of take home vehicles for Police Department persom~el. Background Pursuant to Article 40 of the Collective Bargaining Agreement with the Police Benevolent Association the City is to provide all sworn police department officers a take home vehicle, if they meet the following criteria. · Three (3) years experience with the Delray Beach Police Department. · Reside within fifteen (15) miles of Police Department Headquarters. Implementation of the article shall take place over a four (4) year period. To date the City has purchased 30 (thirty) vehicles as take home cars for police officers. A review of the Police Departments eligibility list shows that thirty one (31) additional officers are eligible for take home vehicles in fiscal year 2003, and eight (8) in fiscal year 2004. We are proposing to 10 vehicles that are listed on Attachment "A". Recommendation Staff recommends various bid awards from Florida Sheriff Association Contract, as specified in Attachment "A". The unit costs include various options and extended warranties on all vehicles. Not included are some option items that we will acquire from other vendors not available on these contracts. The total of the recommended purchases is $ 275,302.00 Funding will be provided from the proceeds received from the advance refunding of the Guaranteed Investment Contracts. Attachments (1) C: Bill Darty File u fischer/agendal-03 doc C~ty of Delray Beach Proposed Vehicle Replacement Listing FY 02-03 Attachment "A" Take Home Program New Vehicle Description Police Intercepter Pohce Intercepter Police Intercepter 'Police Intercepter P~lice Intercepter Police Intercepter ~ Police Intercepter Police Intercepter Pohce Intercepter Vendor FSA Spec #1 J~A Spec #1 I FSA Spec #1 FSA Spec #1 FSA Spec #1 FSA_ Spec #1 FSA Spec #1 FSA Spec #1 FFSs~ Spec #1 Spec #4 I Line i Item Make Model C~st I Ford Pohce Interceptor ~28,840 J_Ford Police Interceptor [ 28,840 IFord Pohce Interceptor 28,840 Ford Police Interceptor ~ Ford - Police Interceptor ~) 28,840 ~ Poilce Interceptor , 28,840 ;~d - ~ohc~ ~ptorI 28,840 IDodge ilntrep~d ~ 15,742 To~l Cost 28,840 57,680 86,520 115,360 144,200 173,040 201,880 230,72O 259,560 14 Door FWD 275,302 THROUGH: PAUL DORLING, DIRECTOr~ PLANNING AND ZONING FROM: ,,~2WENDY SHAY, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF FEBRUARY 18, 2003 APPROVAL OF A TAX ABATEMENT REQUEST FOR 105 NE 7TM STREET~ THE CROCKER RESIDENCE. BACKGROU~b The residence at 105 NE 7th Street was constructed in 1941 and is considered a contributing building within the Del-ida Park Historic District. The subject property is located on the north side of NE 7th Street, between North Swinton Avenue and NE 2nd Avenue, and is zoned R-l-AA (Single Family Residential). The property consists of two lots with a total frontage of 100' and a depth of 120'. Previously, the lots contained a two bedroom, two bathroom 1,211 sq. ft. house, as well as a detached one story garage at the northwest corner of the property. Over the years a number of alterations have occurred, the most obvious is the enclosure of the front porch with a series of jalousie windows. On September 19, 2001, a COA application was submitted for the property. The proposal included the demolition of the one car garage, construction of a two-story 1,583 sq. ft. addition (resulting in a 2,794 sq. ft. air-conditioned space), improvements to the original, one-story historic dwelling, construction of a swimming pool, and various site improvements such as installation of Chicago brick paver walkways, deck, and driveway and installation of a fence and gate. The Board reviewed and approved these improvements and the project was undertaken. During its meeting of July 17, 2002, the Historic Preservation Board reviewed and approved an initial tax exemption request affiliated with the previously approved site improvements. The improvements subject to the tax abatement were: Construction of a two-story addition; Elevation improvements to the historic one-story main dwelling; Construction of a swimming pool; Installation of a perimeter fence and gate; Demolition of the garage; Installation of Chicago brick walkways, deck, and driveway; and, Installation of associated landscaping. The applicant has completed the improvements and is now ready to finalize the tax abatement request. The Historic Preservation Board recommended approval of this tax abatement request during its meeting of February 5, 2003. The project included the site improvements as presented to the Board in the initial list of improvements (stated above) with the exception of the landscaping. The applicant is now before the City Commission for final approval of the request. Upon approval, the request is 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. City Commission Memorandum, February 18, 2003 Crocker Residence Page 2 Ad Valorum Standards for Qualifying Improvements The property qualifies for the tax exemption per LDR Section 4.5. l(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. l (M)(5)(b), must meet the following criterion: (i) Be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; 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 both were reviewed for compliance under the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, and were found to meet the standards set forth in each. Pursuant to LDR Section 4.5.1(M)(11), 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, the restrictive covenant, all related AIA forms, 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 and a Certificate of Occupancy was issued on July 17, 2002. As mandated by LDR Section 4.5.1(M)(11), the Historic Preservation Board reviewed the Final Application during its meeting of February 5, 2003 and determined that the completed improvements were in compliance with the previously approved request as submitted by the applicant. The associated landscaping for the project was not deemed a legitimate improvement under the specifications mandated by the State for the tax abatement. It has therefore not been included in the expenditures total. Taking this into account, the legitimate site improvements expenditures total $356,117.54. While this total reflects the expenditures related to the project, as approved by the Historic Preservation Board, the final assessed value of the improvements will be determined by the Palm Beach County Property Appraiser. It is this final total of the improvement as assessed by the appraiser's office which will be reflected in the applicant's abatement of taxes for a period of ten years from the date of approval. City Commission Memorandum, February 18, 2003 Crocker Residence Page 3 Continue with direction. Approve the tax exemption request for 105 NE 7th Street, the Crocker Residence, based on 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. Deny the tax exemption request for 105 NE 7th Street, the Crocker Residence, with the basis stated. Approve the tax exemption request, the "Final Application Request for Review of Completed Work" for site improvements to the 105 NE 7th Street, the Crocker Residence based 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. Attachments: HPB Staff Report of February 5, 2003, Application Report prepared by: Wendy Shay, Historic Preservation Planner RESOLUTION NO. 8-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO KATHLEEN CROCKER FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 105 N.E. 7TH STREET, DELRAY BEACH; AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.5.10V1)(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 remainders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owner filed a Preconstruction Application and received preliminary approval from the Historic Preservation Board on July 17, 2002, for an ad valorem tax exemption for the historic renovation and restoration of the property located at 105 N.E. 7th Street, Delray Beach; and WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on February 5, 2003, for a determination that the completed improvements were consistent with LDR Section 4,5.1(M)(5) and recommends approval to grant as ad valorem City tax exemption to Kathleen Crocker for the restoration, renovation, and improvement to the property located at 105 N.E. 7th Street, Delray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 105 N.E. 7th Street, Delray Beach; 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, Kathleen Crocker, for a ten year period, commencing on January 1, 2003, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/2003- 12/31/2012, resulting from the renovation, restoration, and rehabilitation of the property located at 105 N.E. 7th Street, Delray Beach, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2002-278-COA. DEL IDA PARK LTS 8 & 9 BLK 1 (DEL-IDA PARK HISTORICAL DIST) Section 3. Prior to the ad valorem tax exemption described herein being effective, Kathleen Crocker 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 ~ 2003. day of ATI3EST: MAYOR city Clerk 2 RES. NO. 8-0:3 Agent: Project Name: Project Location: HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Kathleen Crocker, Owner Crocker Residence Ad Valorum Tax Exemption Part II 105 NE ?th Street, Del-Ida Park Historic District The action requested of the Board is that of making a recommendation to the City's Commission regarding a COA for an ad valorem tax exemption for improvements to a contributing building in the Del-Ida Park Historic District, pursuant to LDR Section 2.4.6(J). The residence at 105 NE 7th Street was constructed in 1941 and is considered a contributing building within the Del-Ida Park Historic District. The subject property is located on the north side of NE 7th Street, between North Swinton Avenue and NE 2nd Avenue, and is zoned R-l-AA (Single Family Residential). The property consists of two lots with a total frontage of 100' and a depth of 120'. Previously, the lots contained a two bedroom, two bathroom 1,211 sq. ft. house, as well as a detached one story garage at the northwest corner of the property. Over the years a number of alterations have occurred the most obvious is the enclosure of the front porch with a series of jalousie windows. In August 2001, a COA application was submitted for the property. The proposal included the demolition of the one car garage with a modification to the extant dwelling, construction of a two-story 1,583 sq. ft. addition (resulting in a 2,794 sq. ft. air- conditioned space), improvements to the original, one-story historic dwelling, construction of a swimming pool, and various site improvements such as installation of Chicago brick paver walkways, deck, and driveway and installation of a fence and gate. During its meeting of July 17, 2002, the Historic Preservation Board reviewed and approved Part I of the Tax Exemption Application. The applicant is now before the Board for a recommendation of approval to the City Commission for Part II of the Tax Exemption Application. Meeting Date: February 5, 2003 Agenda Item: ll.B. Crocker Residence Ad Valorem Tax Exemption Part II Page 2 Proiect Description The project under consideration for the tax abatement consists of various site improvements including: Construction of the two-story addition; Elevation improvements to the historic one-story main dwelling; Construction of a swimming pool; Installation of a perimeter fence and gate; Demolition of the garage; Installation of Chicago brick walkways, deck, and driveway; and, Installation of associated landscaping. Ad Valorum Standards for Qualifying Improvements The property in question qualifies for the tax exemption per LDR 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. l (M)(5)(b), must meet the following criterion: (i) Be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; 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. Analysis The project meets criterion (i), (ii), (iii), and (iv) regarding the new construction and alterations to the existing historic buildings (with the exception of the landscaping) as both were reviewed for compliance under the City's Land development Regulations, the Historic Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation and were found to meet the standards set forth in each upon approval. Pursuant to LDR Section 4.5.1(M)(11), Part II, 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, the Crocker Residence Ad Valorem Tax Exemption Part II Page 3 restrictive covenant, all related AIA forms, and the approved building permit application listing the cost of the work performed. As mandated by LDR Section 4.5.1(M)(11), the Historic Preservation Board will review the Final Application to determine whether the completed improvements are in compliance with the pre-construction application. The Board will also determine those improvements that are not eligible for the tax credit, because they are not specifically related to the rehabilitation of the building(s)/property. The associated landscaping for the project is not considered a legitimate improvement under the specifications mandated by the State for the tax abatement. It has therefore not been included in the expenditures total. Taking this into account, the legitimate site improvements expenditures total $356,117.54. Following the Historic Preservation Board's approval of Part II of the application, the matter will be forwarded to the City Commission for final approval. The project must be approved by the City Commission in order to be forwarded to the Palm Beach County Property Appraiser's Office for recordation. A. Continue with direction. B. Approve the COA associated with Part II of the Tax Exemption Application for the Crocker Residence, 105 NE 7th Street, based on positive findings with respect to LDR Sections 4.5.1(M)(5)(a)(iii), (U)(5)(b), and (M)(11), the City's Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Deny the COA associated with Part II of the Tax Exemption Application for the Crocker residence, 105 NE 7th Street, with the basis stated. Recommend to the City Commission approval of Part II of the Tax Exemption Application, the Final Application Request for Review of Completed Work for site improvements at the Crocker Residence, 105 NE 7th Street, based 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. Attachments: Part II Tax Exemption Application Staff Report Prepared by: Wendy Shay, Histodc Preservation Planner )pIicatlon Type (Check One): P~c]~3 ~3 ,~z'~ Application 0~ropos~ .Ira p~ovcm cnu) ( ) ~,-a] Appl;cafion (Completed Lmprovcment<) DOS Form No. HR3£101192 HISTORIC PRESERVATION PROPERTY TAX EXEMPTION APPLICATION Instructions: Read thc instructions carefully before completing at~pllcatlon. No certification will be made unleas a complcted application form has been rcceived. Type or print dearly in black ink. If additional spa= is needed, attach additional sher~ L 13Yoper~, Identification and location: ./~Tl--pe of r~quest: eruption under 196.1997, F. S. (standard cxcmptlon) ( ) Exemption under 196.Lo~, F. S. (exemption for properfie~ occupied by non-profit organiTation~ or government agencies and regularly open to the public) If a£p~ing ander x. 296.299~ F.$., complete Question 9 on page five. 3. Owner informafiom / Daytime Telephone Number 0"'~/) If the property is in multiple ownership, attach a list of all ownem with their mailing ~ddre$$e~ C~mer Attestation- I hereby attest that the information I have pr_ovided is, to the best of my knowledge, correct, and that I own the property des=abed above or that I am leg~ t~c authority~ charge of the property. T~fle of d~y a~thorL~d representafiv~ ff si~Jng for organL~tJon or mulfipP- owner~ Page Two DOS Form No. HP.3E101292 EVALUATiON'OF PROPERTY ' - ~. Statement of significance: 6. Photographs and maps: Attach photographs and maps to application. Fa~ Th~ DOS Form No. 7. DE. SCRIP'rlON OF IMPROVEMENWS: Include site work, new construction, alterations, c~c. ComplcJc thc bloc~ below. ' F~ture 1 Approx. date qf feature / q,,./,' D~scribc c. xisting feature and its condition: Descn'l~ work and impact on cxis6ng feature: Photo no. Drawing no. Feature .a, rchitmural feature Approx. date of feamrc 02 Descn'be ex~_fing feature and its condition: Photo no. Drawing no. ~'~- "- - ~' " ~' ' -7 ~, ?, ;'6 x,', x~, /s~ D~en'be work and impact on existing feature: Architectural fcature~,d~;¢/~:;?~.~ Dcscnqx. work and impact on existing feature: Descn'l~ =luting feature and i~ coaditiom ~,~oto .o. D~.w~g ~o. ',~,~-~ "',r~ F, St ~ ~3 Pa~¢ Four DOS Form No. HR3E1012~2 Featur~ $ ] Approx. date of feature Desto'be existing feature and i~ condition: 7-~¢ we.Ms K, q-Xa_ ~/ar~ &~ ~ Dcscn'bc work and impact on existing feature: Photo no. _ Drawiagno.~ Feature Architectural Approx. date of feature Describe cxistlng feature and its condition: O.~ t.~_ , ~ g ,' ~ / n cI ~ /'~,,~ ~-~/ ~. K ,' ,'~ . ~ t. ooee_ ,' ~ Photo no.~ Drawing no. Feature 7 Dcsan])c work and impact on e.x/sting feature: c~tc.g ~.~.s.~. ~..4A.esze..~..,.zg~ ~ old Architectural feature Appro:c date of feature Describe existing feature and its condition: Describe work and impact on existing feature: Photo no. Drawing no. Featur~ 8 A.rchJtcctural feature Appror. date of feature Describe existing feature and its condition: Dc.sm'be work and impact on existing feature: Photo no.__ Drawing no. Page Five 8. Property Use Uses(s) before knprovemcnt: DOS Form No. HP,.3EI0129i Proposed usc(s) after improvement: 5,~'~/~' ~ ~¢_~u~'~C-¢.~ 9. Complete only if applying for exemption under s. 196.199g, F, S. (property occupied by non-profit org~-i?~tion or government agency and regn,l~rly open to thc public) Identify the governmental agency or 6on-profit organiT~tion that occupies the building How often docs this org~niT~tion-or agency usc the building~ What is the total useable ar~a of thc building.'/ square fcct How much area does thc organization or agency usc? square fc~t What percentage of the useable square footage doc~ thc org~,~i~tion or agcncy usc? Is thc property open to the public? ( ) Yes ( ) No If so, when? Are there regular hours? ( ) Y~s ( ) No If so, what are they~ Is the property also open by appointment? ( ) Yes ( ) No Is the property open only by appointment? ( ) Yes ( ) No Local Historic Preservation Office or Division Use Only Thc Local Historic Preservation Offic~ or Division has reviewed thc Historic Preservation Property Tax Exemption Application for the above named property and hereby:. ( ) c~rtifl~s that thc above referenced property qualLfi~s as a historic property consistent with the provisions of s. 196.1997 (~), F. S. ( ) determines that improvements to thc above referenced property are consistent with the Unit~ Stat~s Secretary of Interlor's Standards for Rehabilitation. ( ) dctcrm;n~s that improvements to thc abov~ refcrcncr, d prow. ny mcat the critcrla set forth in rule Comments: Recommendation to thc local gos'-mment is to ( ) issue the tax exemption or ( ) deny the tax exemption. Signature Typed o~ printed name Tklc Date A3fENDMENT SHEET Property Idcnfilication Number Addre~ of property:. Sucet Ci~ County Name of historic distria: ( ) National Reglstcr district DOS Form No. HR3E101292 Zip Code ( ) locally designated district Indicate all changes in the project work, giving the orlglnalFy proposed treatment and the amended work item description (usc additional blank sheets if necessary): Attach photographs and drawings as necessary to illustrate the proposed changes. Local Historic Preservation Office or Division Use Only The Local Historic Preservation Office or Division has reviewed thc Amendment Sheet for the above named property and hereby:. ( ) certifies that the above referenced property qualifies as a historic property consistent with the provisions of s. 196.1997 (11), F. S. ( ) determines that improvements to thc above referenced property are consistent with the United States Secretary of Luterior's Standards for Rehabilitation. ( ) determines that improvements to the above referenced property meet the criteria set forth in rule 1A-38, F. A. C. Commentx: Re~mmcndation to the local government is to ( ) issue the tax exemption or ( ) deny the tax exemption. Signature Typed or printed ua.mc Title Date 1sx ATTACHMENT LEGAL DISCRIPTION OF PROPERTY LOTS 8 & 9, BLOCK 1, DEL IDA PARK, ACCORDING TO THE PLAT RECORDED IN THE PLAT BOOK 9 PAGE 52, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID LAND, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA 2~ ATTACHMENT OWNERS OF PROPERTY HELEN CROCKER 105 NE 7TH STREET DELRAY BEACH, FL 33433 561-274-0900 BARBARA CROCKER 25115 MALIBU ROAD MALIBU, CA 90265 310-456-5333 HISTORIC PRESERVATION PROPERTY TAX EXEMPTION PART 2 - REQUEST FOR REVIEW OF COMPLETED WORK INSTRUCTIONS: Upon completion of the restoration, rehabilitation, or renovation, return tins form with detailed documentation of expenditures (tncluding copies of invoices, canceled checks, and contractor's agreements) and photographs of the completed work (both exterior and interior views of the buildings) to the Historic Preservation Planner, Planning & Zoning Department. This documentation must provide a comprehensive description of the completed work. The photographs should be taken from the same views which were subn'utted during the initial construction apphcation. The final recommendation of the Historic Preservation Board and the City Commission, with respect to the requested historic preservation property tax exemption, is made on the basis of the descriptions in the Request for Review of Completed Work. PROPERTY IDENITIFICATION AND LOCATION Property Control Number:/o2 4/.~ t./~. d) .~ ,:~ c7 ~ Property Address Street /0.~ City t~'~=-/~¢ ,~_r- ~ County ?aJ~ PROJECT D&TA - St~ing date: ~~.~/~ Completion d e: .~t~ ~,~ 3/ ~ ~c. ~ Estimated cost of entire project:~ 3 ~ ~ ~ q. Estimated costs aRfibuted solely to wok on ~stofic building(s):, Zip Code OWNER ATTESTATION I hereby apply for the Dekay Beach historic preservation property tax exemption for the restoration, rehabilitation, or renovation work described above and in the Construction Application for this project which received approval on j --~ ~'"-O _D_ . I hereby attest that the mformatton provided is, to the best of my knowledge, correct, and that in my opinion the completed project conforms to the Delray Beach Design Gmdelmes and the Secretary of the Interior's Standards for Rehabilitation, and is consistent with the work described m the Construction Application as presented and approved by the Historic Preservation Board. I also attest that I am the owner of the property described above or, if the property lS not owned by an individual, that I am the duly authorized representative of the owner. Further, by subrmssion of this applicanon, I agree to allow access to the property by representatives of the Delray Beach H~stonc Preservation Board and appropriate representatives of the governments from wi'ach the requested exemption is being requested, for the purpose of verification of information provided m tl~s application. I understand that, if the requested exemption is granted, I will be required to enter into a Covenant w~th the governments granting the exemption m 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 falsfficafion of factual representations in thru apphcation is subject to crumnal sanctions pursuant to Florida Law. ~ _ ' Name (Print) Signature Date Complete the following if signing on behalf of an orgamzation or multiple owners: Tlfle Socml Secunty Number Mailing Address Daytime Telephone Number Organizatmn Name 105 NE 7TM Street - facing north Historic Main Dwelling TO: DAVID~~E~ANAGER THROUGH: PAUL DORLING, DIRE~.~I~R OF PLANNING AND ZONING FROM: t~-~'~-WENDY SHAY, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF FEBRUARY 18, 2003 APPROVAL OF A TAX ABATEMENT REQUEST FOR 226 SOUTH OCEAN BOULEVARD~ THE PATRICK LYNCH PROPERTY. The action requested of the City Commission is approval of the tax abatement request for the property located on the northwest corner of Nassau Street and South Ocean Boulevard within the Nassau Park Historic District. The property encompasses the south 21.65' of Lot 1, all of Lot 2 and the east 35' of Lot 3, Nassau Park subdivision and consists of 0.41 acres. On August 1, 2001, the HPB approved a list of improvements which were eligible for the tax abatement. The project consisted of the following site improvements: Conversion of a single story guest house into a two-story dwelling; Construction of a rear addition on the historic main residence; Reconfiguration and installation of a new entry wall and gate along the south side of the property and Nassau Street; Construction of a new entrance on the south side of the historic main dwelling; Construction of a gable entrance and door on the maid's quarters/guest cottage; Installation of new asphalt shingle roofs on all related buildings; Installation of paver block walkways and driveway; Construction of a pool; and, Installation of associated landscaping. The applicant has completed the improvements and is now ready to finalize the tax abatement request. The Historic Preservation Board recommended approval of this tax abatement request at its meeting of February 5, 2003. The project included the site improvements as presented to the Board in the initial list of improvements (stated above) with the exception of the pool and landscaping. The applicant is now before the City Commission for final approval of the request. Upon approval, the request is 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 Valorum Standards for Qualifying Improvements The property qualifies for the tax exemption per LDR 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. l (M)(5)(b), must meet the following criterion: City Commission Memorandum, February 18, 2003 Patdck Lynch Property Page 2 (il Be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; 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 (El, "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 (il - (iv) regarding the new construction and alterations to the existing historic buildings as both were reviewed for compliance under the City's Land Development Regulations, the Histodc Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, and were found to meet the standards set forth in each. Pursuant to LDR Section 4.5.1(M)(11), 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, the restrictive covenant, all related AIA forms, 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 and a Certificate of Occupancy was issued on April 6, 2002. As mandated by LDR Section 4.5.1(M)(11), the Historic Preservation Board reviewed the Final Application during its meeting of February 5, 2003 and determined that the completed improvements were in compliance with the previously approved request as submitted by the applicant. The associated landscaping for the project was not deemed a legitimate improvement under the specifications mandated by the State for the tax abatement. It has therefore not been included in the expenditures total. Taking this into account, the legitimate site improvements expenditures total $327,542.76. While this total reflects the expenditures related to the project, as approved by the Historic Preservation Board, the final assessed value of the improvements will be determined by the Palm Beach County Property Appraiser. It is this final total of the improvement as assessed by the appraiser's office which will be reflected in the applicant's abatement of taxes for a period of ten years from the date of approval. A. Continue with direction. Approve the tax exemption request for 226 South Ocean Boulevard, the Patrick Lynch Property, based on 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. C. Deny the tax exemption request for 226 South Ocean Boulevard, the Patrick Lynch Property, with the basis stated. City Commission Memorandum, February 18, 2003 Patrick Lynch Property Page 3 Approve the tax exemption request, the "Final Application Request for Review of Completed Work" for site improvements to the Patrick Lynch Property, 226 South Ocean Boulevard based 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. Attachments: HPB Staff Report of February 5, 2003, Application Report prepared by' Wendy Shay, Historic Preservation Planner RESOLUTION NO. 9-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO PATRICK LYNCH FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 226 SOUTH OCEAN BOULEVARD, DELRAY BEACH; 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 Dekay 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 remainders 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 prodding for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owner filed a Preconstruction Application and received preliminary approval from the Historic Preservation Board on August 1, 2001, for an ad valorem tax exemption for the historic renovation and restoration of the property located at 226 South Ocean Boulevard, Delray Beach; and WHEREAS, the Historic Preservation Board reviewed the Completed Work Application on February 5, 2003, for a determination that the completed improvements were consistent with LDR Section 4,5.1(M)(5) and recommends approval to grant as ad valorem City tax exemption to Patrick Lynch for the restoration, renovation, and improvement to the property located at 226 South Ocean Boulevard, Deiray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 226 South Ocean Boulevard, Delray Beach; 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, Patrick Lynch taxes levied on the increase in assessed value, between the years 1/1/2003-12/31/2012, resulting from the renovation, restoration, and rehabilitation of the property located at 226 South Ocean Boulevard, Delray Beach, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. ADVAL 2001- 02: NASSAU PARK S 21.85 FT OF LT 1, LT 2 & E35 FT OF LT 3 (NASSAU ST HISTORIC DIST EXCLUDES LT 1) Section 3. Prior to the ad valorem tax exemption described herein being effective, Patrick Lynch 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 ~ 2003. day of ATI'EST: MAYOR City Clerk 2 RES. NO. 9-03 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT pELyY, B~ ~JI4m~Clty Agent: Roger Cope, Authorized Agent Project Name: Patrick Lynch Property Project Location: 226 South Ocean Boulevard The action before the Board is a Certificate of Appropriateness associated with Part II of the Tax Exemption Application for the Patrick Lynch Residence, pursuant to LDR Section 2.4.6(J). The subject property is located on the northwest corner of Nassau Street and S. Ocean Boulevard within the Nassau Park Historic District. The property encompasses the south 21.65' of Lot 1, all of Lot 2 and the east 35' of Lot 3, Nassau Park subdivision and consists of 0.41 acres. The main house, located on the south side of the property, was constructed in 1936. The construction date of the guest cottage is unknown, however City records indicate that it was constructed prior to 1949. Both structures were built in the Resort Cottage style of the 1930's and are contributing from a historical perspective. The house was a winter residence for Mr. and Mrs. John G. Cherry of Cedar Rapids, Iowa, and was one of the first houses in the Nassau Park subdivision. On November 7, 2000, the Historic Preservation Board approved a Certificate of Appropriateness and associated Class II site plan modification for the Construction of a 2nd floor addition on the guest house (north building) and conversion of the structure from an illegally converted duplex to a single family dwelling; construction of a one story addition on the main house (south building); construction of a pool and deck on the east side of the property; construction of a 4'-3' high masonry wall on the south and east sides of the property; and, installation of associated landscaping. Variances to reduce the front and side setbacks pursuant to LDR Section 4.3.4(K) were also approved. During the meeting of June 20, 2001, the Board approved COA 428A, for the addition of decorative shutters to the windows. The Board approved the shutters noting several locations where the dimensions of the shutters needed modification, and requiring that hardware associated with the shutters be added. On August 1, 2001, the HPB approved minor elevation changes and a pre-construction application for an ad valorum tax exemption. The associated improvements are currently under construction. Meeting Date: February 5, 2003 Agenda Item: IliA. Patrick Lynch Residence Ad Valorem Tax Exemption Part II Page 2 During the Board meeting on January 16, 2002, the Board reviewed and approved the construction of a cricketed gable entrance with four support posts separate from the structure on the front fa0ade of the rear cottage. I ' P OJECT'DECSRP I N/ANAEY 'iS, Project Description The project under consideration for the tax abatement consists of various site improvements including: Conversion of a single story guest house into a two-story dwelling; Construction of a rear addition on the historic main residence; Reconfiguration and installation of a new entry wall and gate along the south side of the property and Nassau Street; Construction of a new entrance on the south side of the historic main dwelling; Construction of a gable entrance and door on the maid's quarters/guest cottage; Installation of new asphalt shingle roofs on all related buildings; Installation of paver block walkways and driveway; Construction of a pool; and, Installation of associated landscaping. Ad Valorum Standards for Qualifying Improvements The property in question qualifies for the tax exemption per LDR 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. l (M)(5)(b), must meet the following criterion: (i) Be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; 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-$8, 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. Patrick Lynch Residence Ad Valorem Tax Exemption Part II Page 3 Analysis The project meets criterion (i), (ii), (iii), and (iv) regarding the new construction and alterations to the existing historic buildings (with the exception of the landscaping) as both were reviewed for compliance under the City's Land development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, and were found to meet the standards set forth in each. Pursuant to LDR Section 4.5.1(M)(11), Part II, 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, the restrictive covenant, all related AIA forms, 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 and a certificate of Occupancy was issued on April 6, 2002. As mandated by LDR Section 4.5.1(M)(11), the Historic Preservation Board will review the Final Application to determine whether the completed improvements are in compliance with the pre-construction application. The Board will also determine those improvements that are not eligible for the tax credit, because they are not specifically related to the rehabilitation of the building(s)/property. The associated landscaping for the project is not considered a legitimate improvement under the specifications mandated by the State for the tax abatement. It has therefore not been included in the expenditures total. Taking this into account, the legitimate site improvements expenditures total $327,542.76 The Historic Preservation Board's recommendation of Part II 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 & Zoning Department for recordation. A. Continue with direction. Bo Approve the COA associated with Part II of the Tax Exemption Application for the 226 South Ocean Boulevard, Patrick Lynch Property, based on 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. C. Deny the COA associated with Part II of the Tax Exemption Application for the 226 South Ocean Boulevard, Patrick Lynch Property, with the basis stated. Recommend to the City Commission approval of Part II of the Tax Exemption Application, the Final Application Request for Review of Completed Work for site improvements at the Patrick Lynch Property, 226 South Ocean Boulevard based Patrick Lynch Residence Ad Valorem Tax Exemption Part II Page 4 improvements at the Patrick Lynch Property, 226 South Ocean Boulevard based 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. Attachments: Part II Tax Exemption Application Staff Report Prepared by: Wendy Shay, Historic Preservation Planner s~ppl~.atlon ~ (Check Ont;~ . Preliminary Application (Proposed .Improvcmcnl~) F'ma] Application (ComplcIed Improvcmcnts) DOS Form No. HP,3EI01291 HISTORIC PRESERVATION PROPERTY TAX EXEMPTION APPLICATION Instructions: R~ad thc instmcIioni carchllly before compl~ing application No c~nlficatlon will bc made unless a completed application form has been received. Type or print dearly in black ink. If' additional space is needed, attach-additional sheets. 1.. Proper~ Identification and ioca~ti,~ ( ) tqational Register disui~ (~locall¥ designated district Type of request: 2(~ Exemption under 196.1997, F. $. (standard exemption) ( ) Exemption under 196.1998, F. S. (excmption for properties occupied by non-profit organiTadons or government agencies and regularly open to the public) If a£gtying under $. 196.1P9~ F.$, comt~lete Question 9 on page 3. Owner infQrmatiom Mailing Adclrcss If ~he property is in muln'~le ownership, attach a list of all owners with their mailing ~ddr~s~. Owner Attestation: I hereby anest that the information I ha~ ~(o'~..ed is, tor~he best of my k~owlcdg~ correct, and that I own the property descn'bed above or that I am lc ~g~lly ~e i~a tl~t~ in charge of the property. org~n;zation or multiple owners Date Page 'lM.o ~ EVALUATION OF PROPERTY DOS Form No. HR3E1012~2 4. Description of physical appearance: building been moved? ( ) yes ~no. If so, when? $. Statement of significance: 6. Photographs and maps: Attach photographs and maps to application. Page Thr~ DOS Form No. HR3E]012~2 7. DESCKIFTIO~ OF IM PROVEM£NTS: Include site work, new construction, alterations, etc, Complete thc blocks below. Feature 1 Architectural fcatur¢~~ Describe work and ira/pact on existing feature: Dc~m'be cxisfi.ug feature and its condition: Dc~cn'b~ e~dsting f~acurc and its con.6itio~: . . Approx. datc of fcatur¢~L~ Dc.~:n'l:c cxisting feature and its condhioc: no. ~' Drawing no. F~tur~ 4 Approx. date of Dcscn'oc existing f~ture and i~ condition: Photo no.~.~Drawiag no. - Page Four DOS Form No. HR.3E101292 Feature $ Approx. date of feature Dcscn'bc existing feature and its condition: Descn'b~ work and impact on r..x~tiag feature: oto no.. [ ~ Drawing F~atur~ 6 Architectural feature Approx. date of feature D~scn'l~ cxistlng feature and its condition: Photo no. Drawing no. work and impact on existing feature: Feature Architccxural feature Approx. date of feature Dcscn'bc ca/sting feature and its condition: De. sm'lac work and impact on existing feature: Photo no. Drawing no. Feature Architectural fcaatre Approx. date of feature Describe existing feat'm'e a.nd its condition' work and impact on existing feature: Photo no.~ Drawi.ng no. g. ~ro~rt7 Use Uses(s) before improvement: Proposed usc(s) ahcr improvement: DOS Form No. HPOEI01291 I1 ti 9. Complete only if applying for exemption under s. 196.1998, F. S. (property occupied by non-profit organh,~tion or government agency and rcgularly open to the public) Identify the governmental a~ency or non-profit orga-k,~fion that occupie~ thc building How often does ,h;s organization or agency use thc building~ What i~ thc total useable area of thc building? How much area docs the organi~aLion or agency use? square feet square feet What percentage of the useable square footage does the organL'afion or agency usc? IS the property open to the public? ( ) Ye~ ( ) No If so, when? Are there rcgtflar hours? ( ) Yes ( ) No If so, what are they? Is the property also open by appointmem? ( ) Yes ( ) No Is the property open only by appointment? ( ) Y~ ( ) No local Historic Preservation Office or Division Use Only The Local Historic Preservation Office or Division h~s reviewed thc Historic Preservation Property Tg Exemption Application for the above named property and hereby:. ( ) certifies that thc above referenced property qualifies as a historic property consistent with the provisions of s. ~96.1997 (~), F. S. ( ) determines that improvements to the above referenced property arc consistent with the United Stat~ Secretary of Interior's Standards for Rehabilitation. ( ) determines that improvements to the above referenced property me~t the criteria set forth in rule Comments: Recommendation to the loc~ ?'_vnmcnt is to ( ) issue the t~ exemption or ( ) deny thc tax exemption. Signature Typed or printed name Title Date Property Identification Number Address of property:. Street AMENDMENT SHEET DOS Form No. HR3E101292 City. County. Zip Code Name .of historic district: ( ) National Register district ( ) locally designated district Indicate all changes in thc project work, gi~ing the ori~inalry proposed treatment and thc amended work item description (use additional blank sheets if necessary): Attach photographs and drawings as nec~sary to illustrate ~c proposed changes. Local Historic Pre. section 01lice or Division Use 0nly The Local Historic Preservation Offic~ or Division hm reviewed the Amendment Sheet for thc above named property and her=by. ( ) certifies that the above referenced property qualifies u a historic property consistent with the provisions of s. 196.199'/(11), F. S. ( ) determines that improvements to thc above referenced property are consistent with the United States Secretary of Interior's Standards for Rchabilitation. ( ) determines that improvements to the above referenced property meet the criteria set forth in vale 1A-38, F. A. C. Recommendation to the local government is to ( ) issue thc tax exemption or ( ) deny the tax exemption. Signature Typed or printed name Title Date HISTORIC PRESERVATION PROPERTY TAX EXEMPTION PART 2 - REQUEST FOR REVIEW OF COMPLETED WORK INSTRUCTIONS: Upon completion of the restoration, rehabihtatlon, or renovation, return this form with detailed documentation of expenditures (including copies of invoices, canceled checks, and contractor's agreements) and photographs of the completed work (both exterior and interior views of thc buildings) to the Hmtonc Preservation Planner, Planning & Zoning Deparlxnent. This documentation must provide a comprehensive description o£ the completed work. The photographs should be taken from the same mews which were submitted during the ~mtml construction application. The f'mM recommendation o£ the Historic Preservatmn Board and the City Comrmssion, with respect to the requested historic preservation property tax exemptmn, m made on the basis of the descriptions m the Request for Rewew o£ Completed Work PROPERTY IDENITIFICATION_ANI~ LOCATION Property Control Number: I~-- ~'~ ,¢~4~¢ I Cpc ~V ~ ~~ PropemyAddress ~ I ' ,[ . S~eet ~~ ~H ~ ~. , city Code eaO CT ATn . I,. Stming date: ~l ~/J ~ Completion date: ~~l ~/~ ~ Estimated cost of entire ~roj~ct:-- ~.i ~ ~- ~- ~ ' Estimated costs a~buted solely to wok on histofic~building(s): ~ ~ (~ O~ER ATTESTATION I hereby apply for ~e De~y Beach ~stonc prese~a~on prope~ tax exemption for ~e restoranon, rehabilitafiom or renovanon ~ ~schbe~ove and m ~e Cons~ct~on Apphcat~on for ~s project which received approval on ~] / ~ hereby a~est ~t the ~nfomat~on provided ~s, to · e best of my ~owledge, co~ec~ [, ~d t~at m my opinion ~e co~leted project co.om to the Delray Beach Des~ G~delines and ~e Secremw of ~e Interior's Standards for Rehabfl~tatmn, and m consistent ~ ~e work described m ~e Cons~ct~on Applica~on as presented and approved by the H~stonc Prese~anon Board. I also aaest ~at I m ~e omer of ~e prope~ described above or, ff ~e prope~ ~s not o~ed by an in&v~d~l, ~at I m the duly au~onzed representa~ve of ~e omer. F~er, by sub~ss~on of ~s apphcanon, I a~ee to allow access to ~e prope~ by representa~ves of the Dekay Beach H~stonc Prese~auon Bo~d and appropriate r~resentat~ves of the gove~ents from w~ch the requested exe~tmn is berg requested, for ~e p~ose of vehfica~on of ~omfion provided m tbs apphcafion. I ~dersmnd that, if ~e requested exe~uon ~s ~anted, I Mll be requ~ed to enter into a Covenant w~ the gove~ents ~an~g the exemption m w~ch I must a~ee to ~mtam ~e character of · e prope~ and ~e q~li~g ~mprovemen~r ~e tern of ~e exempuon I also ~dersmnd that falsfficauon of factual representations in t~s a~phc¥on ~s subj~ to c~al sanctions p~suant to Florida ~ame¢~nt) ' ~ I' ' S~a~e k '~ Date l Complete the followin. ~signing on beha~of an orga~ion or multiple owners: ~~' ~gamzation Name Somal SecunW Number Marling Address Daytime Telephone Number q 226 South Ocean Boulevard - looking northeast Guest Cottage III I Historic Main Dwelling ! Ill I B! II! I l!l New Two-Story Residence RECEIVED 6 - 2003 CiTY MANAGER MEMORANDUM TO: FROM: DATE: RE: City Commission David Harden, City Manager Delray Beach Public Library Associ{t~n Boa_rd of Directors John J. Callahan III, Library Director~...~ February 3, 2003 Funding and Construction of New Library During the past four years, tremendous progress has been made towards the construction of a new Delray Beach Public Library in the 100 block of West Atlantic Avenue to replace the current 53 year old building. The City Commission, the Library Board, and the Palm Beach County Commission have concluded an agreement to provide a shared parking structure to serve the needs of the Library and the expanding Courthouse as well as providing capacity for special event parking. The parking structure also has the potential of being expanded to meet future demand in the West Atlantic corridor The City and the Library Board have agreed, in principle, to exchange the current Library property for the new property on West Atlantic. The total Library project has been budgeted at $12.1 million which includes construction of the Library and its parking, design fees and permits, furniture, fixtures and equipment, and additional library books and media. The Library has accumulated to date, $7 million in cash and grant commitments and expects to raise an additional $2 million by the end of 2004. There are two important deadlines upcoming for the project. In late spring 2003, the Library will need to provide the County $2-2.5 million as its share of the parking structure. Additionally, the $500,000 grant awarded by the State of Florida requires that a signed construction contract be in force by December 21, 2003. In order to meet the State's deadline, design of the L~brary must resume and be completed in the next six months. Given the current economic conditions and fundraising climate, the Library Board does not expect to raise by year-end the needed $2.5 million which would allow construction to commence in early 2004. 29 Southeast Fourth Avenue · Delray Beach, Florida 33483 · (561) 266-0194 Fax (561) 266-9757 February 3, 2003 Page 2 In order to construct the Library, the Library Board requests that the City Commission consider increasing its participation in the project by providing a grant of $2.5 million and a loan of $900,000 which loan will be repaid upon reimbursement by the State and from funds pledged by the Lattner Foundation. Under the terms of the existing State grant agreement, the Library will be owned by the City for a minimum of twenty years. Throughout Southeastern Florida there continues to be construction boom of new public libraries including the Palm Beach County Library System as well as our neighbors in Boynton Beach, Boca Raton, and Highland Beach. It should be noted that all these projects are being constructed with nearly 100% public tax dollars. In Delray Beach the Library Board is seeking approximately 25% of the total project cost from pubic tax dollars with the remainder being provided by private donors. In today's information age a modern public library that can meet the lifelong learning needs of all residents is essential. Given that fact and the prominent role the library and adjacent parking will play in the redevelopment of West Atlantic Avenue, we believe an investment of public dollars will resonate positively with the city's residents and with your assistance we will build an outstanding library fitting for an Ali-America City. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME Lrw~oo,J, ,Jo~ ~o~,~T NAME OF BOARD, COUNCIL, ~MISSmON. AUTHORITY. OR COMMR'rEE c~ cou. w 01' crrY o coup' ~ ow~j~ LOCAL ~ ~ ~1~ ~ ~D ~0 ~$T ~l~[ ~OR~ 8B C~ C~RK · ~is ~ ~ ~ ~e by any ~mon ~ at ~ ~, ~, ~ ~r ~I ~1 or ~e~ ~ an a~m~ ~ ~ ~m, ~u~i, ~ion, a~, or ~mm~. E ap~s ~lly to ~m of ~ a~ ~ ~ ~ am ~n~d ~ of in. mst u~er ~on 11~.3143, Fio~da ~t~es. Your responsibilities under Ihe law when faced with voting on a measure in which you have a conflict of interest will vazy greatly depending on whether you hold an elective or appointive ix~it~n. For ~ reason, please pay close attention to the inslTuctions on this form before completing the reverse side end filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A Demon holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on · 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 · mea- sure which inures to the sDeclal 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 s business associate. Comm',~sioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of indeDendent special tax clistfic~ elected on e one-acre, one-vote basis ere not prohibited from voting in that capacity. For purposes of this law, · 'relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, ~ister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A 'business associate' means any parson 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 a~ition to abstaining from voting in the situatio~.s dest~ibad above, you must ~ the conflict: PRIOR TO THE VOTE BEING TAKEN by publicty stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; end WTrHIN 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 ~outd incoqxxate the fo~m in ~ minutes. APPOINTED OFFICERS: Although you must abstain from voting in l~e situstion~ described above, you ~herwtse 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 respon~ble for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) * A copy of the form must be provided immediately to the other members of the agency. · The form ,must .~ ~re~d. pub~icly ~.t the next mee~ng rater, m~ form ~s flied. ' *- IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT 1~1-I.E MEE~INQ: · You must disclose orally the nature ~ your conflict in the me. ute before I~rtJcJpatJng. meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to .~e other,members of the agency, and the form must be mad pul>licly at the next meeting offer tim form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I ..... · , hereby dilcloee Ihat on (I) A measure came or will come before my agency which (check one) w inured to my special private gain or loss; ~ inured to the special gain or loss of my business associate, __ inured to the special gain or loss of my relative, ..~ inured to the special gain or loss of...~TF-. ~./-- I ~ L, ~[~ 5,Oc)gC 6:~-~ ~_~ ,l~ E3 c) P whom I am retained; or __ inured to the special gain Or loss of il the parent organization or/ubsidiary of a principal which has retained me. (b) The measure before my agency and the netum of my conflicting interest in the measure is as follows: O~te F'ded 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 8B - EFF. 1/2000 PAGE 2 TO: THROUGH: FROM: SUBJECT: D A~~TAR D~.~Y.--M AN AG E R PAl.IL DORLING, DJ[RECTOR OF PLANNING AND ZONING ~ ~,,~,~),NENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF FEBRUARY 18, 2003 MATCHING FUND REQUEST FOR AN INDIVIDUALLY LISTED HISTORIC PROPERTY AT 263 NE 5TM AVENUE, THE MILTON-MYERS AMERICAN LEGION POST. ~, ,, BAcKGRouNDiAN~,LYSlS The action requested of the City Commission is considerabon of a matching grant request for a total of $50,000 for the stabilization of the Milton-Myers American Legion Post No. 65. The subject property consists of Lot 5 (less the west 5' of the road right-of-way), Block 106 of the Town of Delray and is located on the east side of South Federal Highway (NE 5th Avenue). Constructed in 1921, the one-story, Mission-Revival style, public building ~s a contributing, individually listed historic property in the Local Register of Historic Places. The building's west, north, and south elevations have been deemed structurally unsound by an engineering consultant and the rehabilitation of the building has been d~vided into two phases in order to allow continued public access. The initial phase includes shoring up the walls, stabilizing the masonry footings, re-pointing and repairing the masonry, and exterior stucco repair. The second phase will consist of additional cosmetic exterior and interior rehabilitation of the building. The initial phase of the rehabilitation is estimated at $156,530 and is considered an essential phase for preserving the building. Grant funds of $50,000 were awarded by the Community Redevelopment Agency (CRA) in December 2002 to aid in the rehabilitation project. The local chapter of the American Legion is requesting a matching grant in the amount of $50,000 from the City to equal the award by the CRA. The remainder of the rehabilitation funds will be sought through various preservation grants, State and County support, and fund raising efforts. ,,' HisT~(~RiC~PRESERWATrON BOARD~CON$1DERATION During its meeting of February 5, 2003, the Historic Preservation Board recommended approval (6-0) of the $50,000 rehabilitation matching grant subject to the condition that a Grant Award Agreement be executed between the City of Delray Beach and the owner/applicant. A. Continue with direction. B. Approve the rehabilitation matching grant funds in the amount of $50,000 for the Milton-Myers American Legion Post No. 65, subject to a condition. C. Deny the request for the rehabilitation matching grant funds for the Milton-Myers American Legion Post No. 65. Approve the rehabilitation matching grant funds in the amount of $50,000 for 263 NE 5th Avenue, the Milton-Myers American Legion Post No. 65, subject to the following condition: 1) That a grant award agreement, approved by the City Attorney's Office and the City Commission, be entered ~nto by the owner/applicant. Attachments: Request letter, engineering report, HPB Staff Report 2. 5.03 Project Name: Project Location: The Milton-Myers American Legion Post No. 65 263 NE 5th Avenue .'~ B O A R,,,D: , The action before the Board is the recommendation for $50,000 in rehabilitation matching grant funds from the City of Delray Beach for the structural stabilization of the Milton-Myers American Legion Post No. 65. Pursuant to LDR Section 2.2.6(D)(10), the Board shall make recommendations to the City Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. The subject property consists of Lot 5 (less the west 5' of the road right-of-way), Block 106 of the Town of Delray and is located on the east side of South Federal Highway (NE 5th Avenue). Constructed in 1921, the one-story, public Mission-Revival building is considered a contributing, individually listed historic property in the Local Register of Historic Places. On August 3, 1994, the Historic Preservation Board recommended approval of the individual listing for the Milton-Myers American Legion Post. Ordinance 68-94, establishing the listing, was subsequently approved by the City Commission on September 27, 1994. The building was listed in the National Register of Historic Places on April 20, 1995. In 1996, the Legion was awarded a $30,000 Small Matching Grant from the Florida Division of Historical Resources for the rehabilitation of the building. In 1997, a total of $90,000 was invested to stabilize the foundation, trusses, and roof however, the work was not completed and the building has since suffered from continuing decay and disrepair. On August 20, 1997, the Board reviewed a COA request for exterior renovations (referenced above) including the restoration/replacement of windows and installation of shutters, replacement of the front entry door, addition of a new parapet, removal of security bars, and the application of a new stucco finish where necessary. Milton-Myers American Legion Post 263 NE 5th Avenue The organization ordered a structural analysis in September 2002 which stated that stabilization work on the building's facade, estimated at a cost of $156,530, is required to allow public access back to the historic footprint of the building (west) outlined as "exterior facade" restoration in the attached scope of work. The applicant requests consideration of a city funded matching grant in the amount of $50,000 for the stabilization of the Milton Myers American Legion Post No. 65. The building's west, north, and south facades have been deemed structurally unsound by an engineering consultant and the rehabilitation of the building has been divided into phases in order to permit public access to the historic part of the building. The initial phase includes shoring up of the walls, stabilizing the masonry footings, re-grouting of masonry, re-pointing, and exterior stucco repair. The initial phase of the rehabilitation is estimated at $156,530 and is considered an essential phase for preserving the building. Funds totaling $50,000 were granted by the Community Redevelopment Agency on December 12, 2002 to aid in this initial phase of the rehabilitation project. The American Legion is seeking alternative funding sources for the remainder of the expenses involved with the rehabilitation including additional preservation grants. The request for funds will provide the organization with adequate financial support for phase I of the rehabilitation project to stabilize the historic building and to proceed with the remaining phases of the rehabilitation. The historic section of the building is currently uninhabitable and structurally unsound. Without access by the public, the building has lost its historic and pragmatic integrity. Given the nature of the building and its lack of structural stability as documented in the engineering report (attached) and as the building holds significant ties to the community's heritage and to the organization's community service, granting the requested funds in the amount of $50,000 can be supported. Due to the nature of the grant and the work proposed, it is recommended that the City enter into a grant award agreement to ensure that the work completed is in accordance with the Secretary of the Interior's Standards for Rehabilitation and that the work is protected from alteration for a period of no less than ten years. This has been attached as a condition of approval. Continue with direction. Recommend approval to the City Commission for the rehabilitation matching grant funds in the amount of $50,000.00 for the Milton-Myers American Legion Post No. 65, subject to conditions. Meeting Date: February 5, 2003 Agenda Item: Ill.A. Milton-Myers American Legion Post 263 NE 5th Avenue Recommend denial to the City Commission for the rehabilitation matching grant funds for the Milton-Myers American Legion Post No. 65. Recommend to the City Commission approval of the rehabilitation matching grant funds in the amount of $50,000.00 for 263 NE 5th Avenue, the Milton-Myers American Legion Post No. 65, subject to the following condition: 1) That a grant agreement approved by the City Attorneys Office and the City Commission be entered into by the owner/applicant. Attachments: Request letter, engineering report Report prepared by: Wendy Shay, Historic Preservation Planner Meeting Date: February 5, 2003 Agenda Item: III.A. john e. gant. p.e. consulting engineer September 12, 2002 Mr. Jim Smith c/o American Legion Post 65 P.O. Box 1365 Delray Beach, FL 33444 Re: Conceptual Building Repair American Legion Post 65 This office was provided a set of drawings prepared by Kimberly A. Bellastatious, AIA dated 1997. Site observations gave evidence to a partially completed project with some deviations from the permitted drawings. It was then mutually decided that a conceptual repair outline was needed for the Legion to solicit a preliminary cost estimate. Leading up to this point, some non destructive testing was provided by Nutting Engineers an~l Envirodyne for concrete core test and chloride analysis respectively. The chloride test results are within acceptable limits, while the compressive test results of the two foundation cores tested out Iow at 1900 psi (average) for this 1926 structure. It was further discovered in the coring of the masonry pilasters, that these elements are non-reinforced masonry units. This data, together with other field observations necessitates an overall building strengthening program. The following outline assumes the repair work to date is adequate, including but not limited to anchorage of roof deck to truss repair, new truss/column support, and new shear wall at east end of the high roof section. Some additional verification of work to date should be anticipated for this project, in the absence of field reports and change order details. The outline together with any materials therein is provided for cost estimating project only, and shall not be used for construction which will require complete construction drawings. Conceptual Repair Outline Note: The work includes, but is not limited to the following outline Brace and/or shore existing masonry walls and beams prior to repairs. Repair west end masonry wall at high roof by replacing block in north section for pre-demo opening of 9' and 3' door opening in south section. Some jacking and grouting of cracked masonry is anticipated. Provide masonry lintel over openings via saw cutting face shell and installing 1#7 top and bottom continuous in 8" x 16" section in the absence of reinforced concrete beam. Concrete grout strength lc'= 4000 psi should be assumed for the work. post office box 1570 fort lauderdale, florida 33302-157(~ 3. Repair continuous footings cut at added steel columns. (8), by drilling each side and set 1#5 top and bottom in. epoxy, clean, provide bonding agent and cast repair. 4. Stabilize existing footings by adding soil as required and pressure grout original footings between pads supporting added steel tubes. Provide level grade, compact soil to 95% relative density at added stemwall (item 5) and provide a minimum of 18" clear under floor joist. 5. Form and pour continuous 12" x 18" footing (n-s) connecting first steel tube pads from east end with 2#5 T & B. Drill 6" into existing footing and set matching dowels in epoxy. Provide stemwall (floor joist see 12) with #4 at 48" in grouted cells and 8" x 8" cap with 2#5 continuous. 6. With wall braced, saw cut exterior masonry pilasters (8) as required to install 4#6 with #3 @ 12"cc full height; anchored into footing by drilling 8" into existing and set matching dowels in epoxy. 7. Next step is to provide a roof tie beam in high roof section. Saw cut masonry and set 1#7 T & B and grout similar to item one above for perimeter of high roof. Verify east masonry wall at high roof area is supported by and anchored to a concrete or steel beam. 8. After concrete has set weld 3/8" angle plates to added truss seat (8 locations) and anchor to wall with 2-3/4" diameter hnchors each side in epoxy. Anchors may be set in tie beam by cutting interior face shell at column prior to grouting tie beam in item 7. 9. Drill through wood plate at tie beam and anchor plate with 1/2" diameter anchors 16" cc @ E & W, 32" @ N & S walls respectively to secure roof ledger to masonry tie beam. Verify roof deck is adequately nailed to perimeter ledger for wind shears. 10. Saw cut, clean and grout all cracks in exterior masonry walls. Repair stucco to match existing. Install new code approved windows. 11. Install utilities, electrical and plumbing per construction documents. 12. Reconstruct ground floor in high roof area by installing treated 2 x 12 southern pine at 16" cc, blocked at center. Subfloor T & G shall be glued and screwed along each joist. Provide finish floor per construction documents. 13. Install partitions, fixtures, and ceiling in conformance with revised architectural drawings; apply wall finishes, and complete work in conformance with construction documents. Finally, this suggested conceptual repair outline was prepared with assistance from the proposed Project Architect, Roy Simon, AIA. It is provided to assist the Legion in establishing a budget prior to preparation of working drawings. Please keep in mind that any renovation project always grows in scope and cost as the work progresses. Kindly contact this office for any clarifications. J~n E. Gant, P.E. cc: Roy Simon, AIA post office box 1570 fort lauderdale, florida 33302-15 Meeting Date: Agenda Item: December 12, 2002 - Summary- American Legion Post 65 Historic Facade Grant Request The American Legion has a long history of civic leadership and community service in Delray Beach. Built in 1919, the building is nationally and locally designated in the registers of historic buildings. The building has hosted many important social, civic, and educational activities and fundraisers benefiting the community. The recipients of the Legion's charity include the City of Delray Beach for the 1928 disaster relief effort, the American Red Cross and the armed forces during World War II, and current children and youth programs such as the Boys Scouts and Little League. The 83 year old building has been deteriorating rapidly within the last decade and is in serious need of structural repairs. In 1997, $90,000 was invested to stabilize the foundation, trusses, and roof support. Unfortunately, work ceased for two years and did not resume until 1999. More work needed to be done to the walls to properly stabilize the building shell. The Legion obtained a structural analysis in September 2002 for the necessary improvements. Mouw and Associates General Contractors provided an estimated cost of $156,530 for the exterior improvements. The attached scope of work by Roy Simon, Architect, includes strengthening the walls, reinforcing the window jams to receive new windows, closing other masonry openings, repair and patch stucco, caulking, and painting exterior surfaces. The Legion is requesting financial assistance in the amount of $50,000 under the Historic Fagade Easement Program to restore the structural integrity of the building's envelope. Interior and site work will also be done to restore the building for human occupancy. The Legion hopes to continue its community service programs within the building and preserve its legacy for future generations. Money was not set aside for the Historic Fagade Easement Program in the FY 02/03 Budget. However, available funds may be transferred from the Osceola Park Neighborhood Plan for this item, as work on the implementation of that plan will likely not begin until the next fiscal year. Supportive documents are attached and project timeline will be provided at the meeting. Recommended Action: Approve the request for a grant in the amount of $50,000 for exterior improvements to the building located at 263 NE Fifth Avenue. Submitted By: Thuy Shutt American Legion RECEIVED ~ 3 0 ~OOZ CiTY MANAGER Post Office Box 1365 Milton-Myers Post 65 Delray Beach, FL 33447 Thursday, December 26, 2002 David Harden, City Manager City of Delray Beach 100 N. W. 1 st Avenue Delray Beach, FL 33444 Dear Mr. Harden: As you know, Post 65 recently received a $50,000 grant fi'om the Delray Beach Community Redevelopment Agency. Through our meetings with you, funds fi'om the City of Dekay Beach were also promised to Post 65 for the building renovations. At this time, I am respectfully requesting that this funding item is placed at the top of the agenda for the meeting of the City Commissioners on Tuesday 7 January 2003. Please advise if this is possible. Thank you for your consideration. Most sincerely, Commander, Post 65 DELRAY BEACH COMMUNITY REDEVELOPMENT REGULAR MEETING Thursday, December 12, 2002, 6:00 p.m. 104 West Atlantic Avenue Delray Beach, FL BOARD MEMBERS PRESENT: John Weaver Brenda Montague Robert Costin Howard Ellingsworth Chuck Ridley Kevin McCarty STAFF/CONSULTANTS PRESENT: Diane Colonna Robert Federspiel Rosalind Murray Thuy Shutt Juliana Steele Diane Hervey Ron Hoggard BOARD MEMBERS ABSENT: Lamar Shuler OTHERS PRESENT: Vera Farrington Meghan Meyer Roy Simon Daisy Fulton Dave Ross Mitch Kirschner Joe Middlebrooks Brahm Dubin Scott Schley Dave Henninger Evelyn Dobson Chairman Weaver called the meeting to order at 6:03 p.m. The agenda was amended as follows: Item 18b., Amendment to Block 77 Contract was added, Mr. Costin moved to approve the agenda as amended; Ms. Montague seconded. The motion was approved unanimously. . Mr. Costin moved to approve the minutes of the regular meeting of November 14, 2002; Mr. McCarty seconded. The motion was approved unanimously. P&Z: 202 NE 6th Avenue: The Board recommended approval of the site plan modification to include enclosing 690 square feet of the existing covered area, installation of a paver brick patio, installation of an awning, and landscape and parking modifications 104 West Adanttc Avenue · Delray Beach, Florida 33{4{ 561-276-8640 · Fax 561-276-8558 18b. 19. 20. 21. 22. Mr. McCarty moved to approve the Amendment to Contract for Sale, Purchase, and Development Agreement between the CRA and Block 77 Development Group, L.C., Mr. Costin seconded. The motion was approved unanimously. Comments by Commissioners: Mr. Ridley asked who the City Commissioner is to make the next CRA appointment. He was advised to call the City Clerk's office. Mr. Weaver wished everyone Happy Holidays. Mr. Costin asked if we thought the American Legion would come back to us asking for more funding. Ms. Colonna advised that the limit of the Faqade Easement grant is $50,000, which was authorized at this meeting. Comments by Board Attorney: None. Comments by Executive Director: Ms. Colonna wished everyone Happy Holidays as well. She also advised the Board that the Phoenix Group resolved their situation with the contractor and was able to pay them. LISC may come back to us to see if we are interested in participating in Phase II of the project. Comments by Staff: Ms. Murray stated that she hopes to come back to the Board early next year with ideas for the Paint-Up Program and landscaping plans for the SW neighborhood. There being no further business the meeting adjourned at 7:20 p.m. John Weaver, Chairman Diane Colonna, Secretary Milton-Myers Legion Post (front fagade) looking east West elevation North elevation [ITYDE[fiftY 8Efl[ DELRAY BEACH Ail-America City 1993 2001 100 N.W 1st AVENUE NIE OR DUNI TO: FROM: David T. Harden City Manager .obert A. Barcinski Assistant City Manager DELRAY BEACH, FLORIDA 33444 DATE: SUBJECT: February 12, 2003 AGENDA ITEM ~'~ CITY COMMISSION MEETING FEBRUARY 18, 2003 SPECIAL EVENT APPROVAL - AMENDMENT TO PRIOR APPROVAL CHILDREN'S HOPE 5k WALK/RUN ACTION City Commission is requested to consider a request to amend the approval given on September 3, 2002 for this event to allow the closing of Ocean Boulevard from Casurina to George Bush Boulevard from 7:30 a.m. to 9:30 a.m. on April 13, 2003, with a waiver of all overtime costs. BACKGROUND Attached is a letter request received from Robin Covin on behalf of Children's Hope to close Ocean Boulevard as we do for the Turkey Trot for this event. The event was originally approved for use of the sidewalks along A-1-A with minimal overtime costs ($125.00). The estimated overtime costs to change the event as requested are approximately $2,500. This is a new event. RECOMMENDATION Staff recommends consideration of the amended request to close Ocean Boulevard from Casurina to George Bush Boulevard for the Children's Hope 5K Walk/Run. RAB/tas Ftle. u:sweeney/events Doc. Amend Chtldren's Hope 5K Walk Run 561/243-7000 Prlnted on Recycled Paper THE EFFORT ALWAYS MATTERS 5913 S. £;xie H;ghway West Palm Beach, FI 33405 800-8?0-3238 Children's H le 581-588-5220 Fax 581-588-8521 PO Box 6698 West Palm Beach, FI 33405 Ema#: fnster l ~ f#n. February 5, 2003 Robert A. Barcinski, Assistant City Manager 100 NW 1 st. Avenue Delray Beach, FL 33444 Dear Mr. Barcinski, Per our conversation of yesterday, I am writing to request that Children's Hope be able to close the streets for our Footsteps for Foster Kids Walk/Run scheduled for April 13, 2003. After much discussion we have concluded that without closing A1A from 7:30a. m. to 9:30a.m., we might be putting the children participating in this event in jeopardy. This day is dedicated to celebrating foster children and we don't want to do anything that might endanger them. Please direct us as to what must be done to correct this earlier oversight. Thank you so much for your help. Board of Directors Children's Hope TODA FS FOSTER CHILDREN, TOMORROW'S lEADERS Sun.Seutlnel Children's Fm~d TARGET FOUNDATION & FAMILIES £1TY al: OKLII ¥ DELRAY BEACH 1993 2001 TO: FROM: 100 N W. 1st AVENUE MEMO DU! I David T. Harden City Manager t~ Robert A. Barcinski Assistant City Manager DELRAY BEACH, FLORIDA 33444 DATE: SUBJECT: February 13, 2003 AGENDA ITEM ~ CITY COMMISSION MEETING FEBRUARY 18~ 2003 BID AWARD AND SYSTEM CHANGES - TELEPHONE SYSTEM ACTION City Commission is requested to approve a bid award to Bell South Communications Systems under the Broward County Contract RLI #060597-RB in the amount of $148,766.01 for a Nortel Option 1 lC PBX System and to authorize conversion of line service to Centrex, elect Private Relay Interface Service for City Hall and the Community Center, and to switch our long distance service to Bell South. Funding is available from cost savings as a result of these changes. BACKGROUND Half of City Hall is now being serviced by two (2) Meridian Norstar Systems and the other half is serviced by a variety of systems that are seven (7) to ten (10) years old. The system at the Community Center is almost fifteen (15) years old. A total of $45,000 is budgeted in this years Capital budget to replace the other half of the City Hall systems. In reviewing the options available, the Telecommunications Manager has concluded through her analysis that it would be more cost effective to replace all of the City Hall systems as well as the Community Center with the Nortel Option 1 lC PBX System from Bell South Communications. The price quoted includes installation costs. The new system would provide for more functionality such as automated call accounting, voice mail, and automated attendant functions for off hours calls, as well as maintain our current system features. In addition staff recommendation includes conversion our line service to Centrex, election of Private Relay Interface, and changing our long distance service provider to Bell South Long Distance. The estimated first year savings for these changes is $55,225.56 with estimated annual savings $39,364. The total net five (5) year savings after lease purchase payments is $57,316.83. Attached is a memorandum received from Ms. Solomon with additional information. 561/243-7000 Prlntec/ on Recycled Paper THE EFFORT ALWAYS MATTERS Agenda Item C~ty Commlssmn Meeting February 18, 2003 Page #2 Date February 13, 2003 The City Treasurer, Becky O'Connor, is recommending that we finance the system through a three (3) year lease purchase. See attached memorandum. Also attached are copies of the contracts with Bell South which have been reviewed by the City Attorney. RECOMMENDATION Staff recommends the purchase of the Nortel Option 11C PBX Phone System in the amount of $148,766.01 from Bell South Communications Systems from the Broward County Contract RLI #060596-RB, conversion of our line service to Centrex, election of Private Relay Interface Service for City Hall and the Community Center, and changing our long distance service to Bell South Long Distance Service. Funding from the new system would come from savings. Also recommend purchase of the system through a three (3) year lease purchase agreement. RAB/tas Ftle u:sweeney/agenda Doc'Btd.4ward and System Changes Telephone Systems ADMINISTRATIVE SERVICES MEMORANDUM TO: THRU: FROM: SUBJECT: DATE: David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Amanda Solomon, Telecommunications Systems Manager Proposed Telecommunications Solution for City Hall February 13, 2003 In the past few months I have been working on a thorough analysis of our communications equipment and services in City Hall, and I have determined that the following recommendations would be best serve our needs, as well as those for the rest of City facilities. To enhance communications within the City as well as reduce expenditures for communications services with the following recommendations: 1. Purchase a Nortel Option l lC PBX Phone System from BellSouth Communications Systems which will replace all existing equipment in City Hall as well as replacing 15 year old telephone equipment currently installed at the Community Center. Currently there are two (2) Meridian Norstar Key systems in City Hall which is servicing half of City Hall. We had budgeted $45,000 to add the remaining City Hall staff to the Meridian system but after completing a total analysis, it is our recommendation that this funding be applied towards the purchase of the new PBX recommended instead. The Option 1 lc would allow for more functionality, such as Call Accounting, Voice Mail, Automated Attendant functions, as well as systems features currently subscribed to through our service provider. The proposed cost to purchase this system will be $148,766.01. Pricing Schedule for this system is from the Broward County Contract RLI #060597-RB, Expiration date 2/15/05. The Finance Department has reviewed the analysis provided by BellSouth, and is recommending pursuing a 3 year lease purchase so that the City will not have to upfront any money, the cost of the lease for the three year period will be offset by savings realized by switching systems and line service contracts. Net savings will start being realized in the third year. The additional recommendations below are a vital part of the total solution. Conversion of current telephone line service to Centrex service for a period of 48 months. Our current contract for service is expiring and all new contracts for DID (Direct Inward Dial) services are converting to Centrex upon expiration. Centrex service will provide telephone service to all remote City facilities. Included in this contract will be the conversion of all Ringdown Circuits to Centrex Service as well. Ringdown circuits are currently utilized between the Fire Stations and 911 Dispatch, as well as three (3) Ringdown circuits at the Municipal Golf Course utilized for emergency calls on the course. Election of PRI (Private Relay Interface) service for City Hall and Community Center to support new phone system. Installation of a Primary Rate Interface (PRI) will promote the communication benefit of Calling line identification (CLID) with Name and Number display and call-by call selection (trunk bandwidth on demand for incoming and outgoing peak calling). Direct Inward dialing (DID) via the PRI will permit calling directly to various departments and employees while retaining the existing Centrex telephone numbers. 4. Election &BellSouth Long Distance Service, to replace current AT&T Long distance service. A breakdown of all estimated annual savings for each recommendation is listed below: First Year Local Network PRI (1) City Hall Maintenance-First year warranty ESSX to Centrex for entire City Ringdown Conversion to Centrex BellSouth Long Distance Monthly Totals New Services $959.95 $0.00 $7,170.35 $318.00 $1,191.46 Existing Se~ices $0.00 $500.00 $10,400.00 $1,297.25 $2,044.61 $14,241.89 First Year Monthly Savings First Year Annual Savings $4,602.13 $55,225.56 Second thru Five Years Local Network PRI (1) City Hall Maintenance-First year warranty ESSX to Centrex for entire City Ringdown Conversion to Centrex $959.95 $1,321.77 $7,170.35 $318.00 $0.00 $500.00 $10,400.00 $1,297.25 BellSouth Long Distance Monthly Totals Years 2 to 5 Monthly Savings Years 2 to 5 Annual Savings Total Years 2 to 5 Savings Total First Year Gross Savings Total Years 2 to 5 Gross Savings 5 Year Total Estimated Gross Savings Less Principal Less Interest Cost 5 Year Total Estimated Net Savings Estimated Annual Net Savings after 5th year $1,191.46 $10,961. 3 $3,380.36 $39,364.32 $157,45Z28 $55,225.56 $157,457,28 $212,6s2.#4 $148,766.01 $6,600.00 $57,316.83 $39,364.32 $2,044.61 $14,241.89 Note: Savings are based on Current Telecommunications needs, and can change either way based on increase in services or conversion of other remote sites in the future which would result is additional savings after necessary equipment purchase. If you need any further information, please do not hesitate to call me. :ags Attachments File: AlimtProj~ts Doc: Ageoda Request New Phone System 2 18 03 MEMORANDUM To: Thru: Subject: Date: Amanda Solomon Telecommunications Systems Manager Rebecca S. O'Connor Treasurer Joseph M. Saff~ Director of Financ~ Financing for Nortel Telephone System February 13, 2003 I have reviewed the analysis that you have provided me with respect to the Nortel Telephone system. I applied current lease term rates for both a two and three year to this analysis. If the Commission approves the purchase of this system, I recommend going out to bid for a lease purchase for a three year term. This is recommended so that the City will not have to upfront any money before realizing any savings as evident in a two year lease. I will be happy to assist you in acquiring a lease purchase at that time. file: lease/telephone_system MEMORANDUM To: Fro, Thru: Subject: Date: Amanda Solomon Telecommunications Systems Manager Rebecca S. O'Connor Treasurer Joseph M. Safford Director of Finance Financing for Nortel Telephone System February 13, 2003 I have reviewed the analysis that you have provided me with respect to the Nortel Telephone system. I applied current lease term rates for both a two and three year to this analysis. If the Commission approves the purchase of this system, I recommend going out to bid for a lease purchase for a three year term. This is recommended so that the City will not have to upfront any money before realizing any savings as evident in a two year lease. I will be happy to assist you in acquiring a lease purchase at that time. file: lease/telephone_system SCHEDULE FOR PURCHASE OF EQUIPMENT AND/OR SERVICES BELLSOUTH' BellSouth Communication Systems, LLC Customer: CI'I~OFDELRAY BKSg2]q Customer Number Locatton Number Agreement Number 34502 002 PO06619 Ix~lla'rn Adfl~ss:l~ NW lsr AVENUE-CITYHALL Mamt. Order Number Order Number: City: DELRAYBEACH State: FL Zip: 33444 Autoquote Number: Mairt~Nmha ['-]Refurbished Customer Reference Number Customer Initials , , (For Informatio,,n ,Purposes Only) Except As Otherwise Noted Total Maintenance No. Of Price Total Qty. Warranty Length 12 Months Notes Equipment Service Type Units/ Per Maintenance Warranty Type: FWS Price FulI=FMS Stat]on/ Uml/ Price Other' Depot=DMS Ports Stat]on/ EQuloment I)escriotion Port NONE SEE ATTACHED SCHEDULE 0'F $147,345,82 FMS S63.445.10 EQUIPMENT AND SERVICES NONE NONE PRICING SCHEDULE FROM BROWARD NONE COUNTY CONTRACT RLI #060597-RB NONE EXPIRATION 2/15/~005 NONE NONE NONE NONE Eqmpment Payment Mmntenance Payment Shtppmg $1,420 25 Page Total :$63,445.10 ~]Cash , [] Monthly Sub-Total Customer lnmals ~^~mo~a~ ~,~) Sub-Total Additional Pages [] Quarterly 2._Q % Wtth Order Total Eqmp. Price $148.766.07 5_Q0 ck At Dehvery [] Annually (l~xc~amg 30 % At Cutover Total Monthly Mairlemn:e Cl~ge $1,321.77 (Excludmg Taxes) Telephone Color. Charcoal []Lease [] / / Customer Inmals Mantenance Service (Apphes to all telephones unless otherwtse Total Number of Months 48 Commencement Date noted m the eqmpment descrtptton) ~'Mamtenance Term) / / Customer lnmal: Est/mated Cutover Addmonal eqml~ment may. be requtred to mcre,xse lme/stanon s~ze tn excess of the eqmpped ca ?actty as shown above, up to the system' s ra&xtmum capacity Exempt:[ [] Yes ['-]No Maintenance Service After Warranty Electrical Damage Repair Service for Key Systems Only 60001 1624154c [] Accepted C~om,~ ]~t,~ [] Accepted Tax Exempt Certification Number [] Dechned c~tom~ ]m~, [] Declined CuSlomex lmuals I~ursuant to the terms and condmons of the Agreement' referenced above. Customer'ag~ees to'purchase and BellSouth Commumcauon Systems. LLC agrees to provtde Eqmpment and/or Services described m thts Order Tbas Order shall automaucally incorporate thereto all the terms and condmons of the Agreement. and any and all terms and condmons on any Customer order forms, purchase orders or other Customer documents shall be deemed deleted If Customer elects the "Lease" opuon and for any reason the lease ts not finahzed Customer agrees to pay "Cash" per BellSouth's then standard payment terms for the Eqmpment and/or servtces covered by thts Order Papment for lnstallauon Servtces ts due upon compleuon of the lnstallauon Servtces and mvotcmg to the Customer. CUSTOMER BellSouth Communication Systems, LLC By: BellSouth Business Systems, Inc. By By Authorized Stgnature Date Authorized S~gnature Date Name (TYPe or Print) Tttle Name IType or PrmO Pa~e I Of 4 City of Delray Beach - City Hall 2/11/2003 Nortel Heridian Schedule for the Purchase of Equipment and Service NORTEL OPTION :L:tC Description ~ CABLE-$$FT PLASTIC FIBER (llE/11C) * FIBER RECEIVER CARD (30 IT) * EXPANSION CAB. CABLE KIT SOFT DUAL PORT FIBER DAUGHTERBOARD FIBER DAUGHTERBOARD (...90 Fl') MERIDIAN M$905 ENHANCED RELEASE $, CHARCOAL HER[DIAN H.9904 PROFESSIONAL,, RELEASE 3,, CHARCOAL KEY-BASED EXPANSION MODULE~ CHARCOAL KEY-BASED EXPANSION MODULE FOOTSTAND ~ CHARCOAL REL .,9 ENG, M$.9OI, M$902,.MBPO$,M$.~04 USER GUIDE POWER BUPPL Y CABLE OTM 2.0 ENHANCED - SERVER LICENSE- $0 SETS OTM 1,X ENHANCED,,250 SETS EXPANSION OT~ ADDITIONAL CLIENT FOR ONE (1) PC OTM BILLING ENHANCED, $0 RU OTM BILLING ENHANCED, 250 RU OTM 1. O SERVICE, RATE TABLES- NOR OPT. Il SYSTEM AMP-IO0 SEE II~ 512ff,, 2 PORTS~ 14.4K BPS PROGRRMMING CHARGES MTC PKG FOR SL1 W/O MODEM * MM/OPT 11 DEC TERM PKGE. VT520 CABLE ~ PANASONIC KKP$125 PRINTER * 15' RS252 M/M CABLE SEE 084580 25' CABLE ~ CABLE CONNECTOR (16') M/M (MALE/MALE) 16 FEET $ M2OOBHF DISPLAY SET, GRAY STANDARD SET * PAPER PEN FEED 80 COL 8.5Xll ~ ADAPTER SERIAL PTR 19.2K USE W/BTO007 KXP-3123 Kentrox CSU T1 D4/ESFJBSZ~ SA Package ~ DA15S2 i~48C PLUG 18 IT DMARK TO C. SU CABLE ~ CABLE DTE 8P/DB15M lOFT CSU TO DYE CABLE ~ PWR SUPPLY 4d~VDC TRNSFRMER ~ T-SERV II CSU T1 ~ Minor Material PROTECTOR 8PN R~/TI W/GRD B PIN/4 WIRE, W/GRD REUSED WIRING CHARGES INSTALL COMMON EQUIPMENT 1/2 HOUR PREMIUM 2KVA FLOOR MT. UPS W/EXT. RUN TIME BA TT. PACK ONXBC-417 TRANSCEIVER (MAU TO BASE T) 6DP DIGITAL LINE PROTECTORS TO PARKS Equipment Price Each $0.00 $o. oo $o.oo $739.08 $461.92. $216.64 $355.68 $97.00 $16.17 $o. oo $25.87 $388.01 $970.04 $323.34 $1,872,78 $1,701.50 $517.35 ($2,498.13) $1,622.97 $1,983.00 $0.00 $873.91 $350.85 $17.48 $71.14 $252.21 $31.21 $117.94 $o.oo $68.98 $58.36 $37.14 $764.04 $1.25 $36.83 $o.oo $o.oo $1,644.19 $430.71 $61.44 $10.61 Equipment Ouantitv Price Total 2 SO.O0 2 SO.O0 2 $0.00 Z $739.08 1 ,$461.92 99 $21,447.36 47 $16,716.96 7 $679,00 7 $113.19 30 $0.00 3 $77.61 I $388.01 I $970.04 2 $646.68 I $1,872.78 I $1,701.,5O ! $517 35 I ($2,498.13) ! $1,622 97 I $1,983.00 I SO O0 ! $873.91 I $350.85 2 $34.96 I S71.14 I $252.21 I $31.21 I $117.94 2 SO.O0 2 $137.96 2 $116.72 2 S74.28 2 $1,528.08 20 $25.00 2 $73.66 200 SO.O0 16 $0.O0 I $1,644.19 3 $1,292.13 I $61.44 100 $1,061.00 Page 3 of 4 Customer Initials City of Delra¥ Beach - City Hall 2/11/2003 Nortel Meridian ~chedule for the Purchase of Equipment and SerWce NORTEL OPTZON 11C Description OPTION .L~ C MAIN CABINET AC ~ OPTION .~2C SYSTEM CORE CARD ~ MAIN ~BINET CABLE K~ ~ MAIN/EXPANSION CABIN~ * AC/DC POWER SUPPLY ~LLPILO~ ~.07 ~EW SYSTEM OR~E~NG CODE CALLPILOT 2.0 IPE BASE CALLPZLOT 4 VOI~E CHANNE~ CA~LPZ~ O T 2 VOI~E ~HANNE~ 2 F~ CHANNELS ~LLPILOT F~ ~PABI~-20 USE~ ~LLP~LOT PUL TMEDIA MAILBOXES WITH VOICE-XOD USERS CAL~PZLO~ 2.0 FOR M~ INTEG~ ~O~ CALLPILOT 20~I BASE HW PK~ FOR O~ ~C ~LLP~LOT 20~I E~ERNAL ~I TAPE DRIVE K~ ~ E~ERNAL SCSI T~E CABLE ~ DA TA ~RTRIDGE CALLPZLOT E~ERNAL MODEM ~T ~ CBL A~ SHIELDED MODEM ~BLE WITH FERR~E ~ H/W PER~P~ ~KBPS E~ERNAL MODEM ~0 BASE ~ HUB SYMPOSIUM ~ALLPILOT 2.0 20~I BASE PK~ END U~ER REF CARD ~ALL PILO~ UNIFIED MESSAGING ~ARTER K~ ANALOG LINE ~ARD W/MSG WA~NG UNIVE~AL TRUNK ~RD MERIDIAN INTEG~ ~ED ~ (REL ~) MEDIUM 0~0~ ~ZG~AL ~NE CARD (DLC} M~ 22~0 A ~ENDANT CONSOLE ~ DIG~AL LINE ~RD (DLC) O~ION ~ C ENHANCED BUSI~E~ OPTION ~C SW FOR CALLPILOT OPTION ~C TMDI PAC~GE ~.~MB ~ TI PUL T~URPOSE DZG~AL ~NTERFACE ~MDI) ~ ~.~ OTI/PRI/TMDIADMI~/MAIN~E~A~CE ~ ~.~ MBIT CARRIER ~BLE ~LOCK CONTROLLER CARD ENH. BUS. S/W ADDL.~O0 TN OPTION ~ C EXPANSION CABIn'AC O~ION ~C-30 FOOT EXPANSION ~ GROUND BAR Equipment Price Each $1,201.00 $0.00 $o.oo $o.oo $o.oo $o.oo $5,820.23 $4,526.85 $2,263.42 $3,362.80 $646.69 $2,263.42 $o.oo $0.00 $1,448.59 $o.oo $o.oo $194.01 $0.00 $0.00 $194.01 $187.27 $62.42 $6,272.91 $1,616.73 $1,662.92 $3,492.14 $1,616.73 $2,309.61 $0.00 $1,616.73 $0.00 $1,847.69 $0.00 $0.00 $0.00 $461.92 $1,963.17 $831.46 $230.96 $o.oo Equipment Quantity_ Price Total 1 $1,201.00 ! $0.00 I $0.00 1 $0.00 I $o. oo I $0.00 I $5,820.23 1 $4,526.85 I $2,263.42 I $3,362.80 I $646.69 I $2,263.42 ! $0.00 I $0.00 I $1,448.59 I $0.00 I $0.00 I $194.01 1 $0.00 I $0 O0 I $194.01 I $187.27 5 $312.10 I $6,272.91 4 $6,466.92 I $1,662.92 I $3,492.14 9 $14,550.57 I $2,309.61 I $0.00 ! $1,616.73 1 $0.00 2 $3,695.38 2 $o.oo 2 $o. oo 2 $0.00 1 $461.92 1 $1,963.17 2 $1,662.92 2 $461.92 2 $0.00 Page 2 of 4 Customer Initials City of Delray Beach - City Hall 2/n/2oo3 Nortel ~leridian Schedule for the Purchase of Equipment and Service NORTEL OPTION 11C Descriptipn ¢~ROU~iD BAR PER ~ BLOCK OPTIVITY AND CALLPILOT SET- 1/2 HOUR OVERTIME IIVSTALLA TION FOR CUTOVER - I/2 HOUR CUSTOMER TRAINING - ONE HOUR BC$ PROVIDED Equipment Price Each $5.62 $o.oo $o.oo $o.oo Equipment Quantity_ Price Total 4 $22.48 80 $o.oo 80 $0.00 24 $0.00 COFtP£ETE PROGRAAtAIIN~ INSTALLATION/HARDWAREAND ONE (1) YEAR WARRANTY Equipment Installation Shipping $122,245.98 $2s, o99.84 $1~420.25 Total Investment $148,766.07 Maintenance Summary -FZRST YEAR WARRANTY INCLUDES COMPLETE PARTS AND LABOR WiTH TWO (2) HOUR RESPONSE 7 DAYS/WEEK, 24 HOURS/DAY FOR EMERGENCY SERVICE -YEARLY COPPER MAINTENANCE COVERAGE - COMPLETE PARTS AND LABOR WITH TOTAL INDEMNIFICATION AGAINST LIGHTNING AND ELECTRICAL SURGES Page 4 of 4 Customer Initials N RTEL NETWORKS' SOFTWARE LICENSE NORTEL NETWORKS PRODUCTS - UNITED STATES AND CANADA ONLY THIS SOFTWARE LICENSE ("LICENSE") IS AN AGREEMENT BETWEEN YOU, THE END-USER ("CUSTOMER") ANDI NORTEL NETWORKS GOVERNING YOUR RIGHTS TO USE THE LICENSED SOFTWARE. "LICENSED SOFTWARE'* MEANS NORTEL NETWORKS SOFTWARE PRODUCTS, SOFTWARE INCLUDED IN OR WITH NORTEL NETWORKS PRODUCTS, AND SOFTWARE UPGRADES ACQUIRED BY YOU FROM A NORTEL NETWORKS AUTHORIZED DISTRIBUTOR (AN "AUTHORIZED DISTRIBUTOR '). Subject to the terms of this License, Nortel Networks grants to Customer a personal, non-exclusive license 0) to Use (as defined below) the Licensed Software m accordance with the Usage Level (as defined below), and (n) to use the associated documentation solely m support of authorized Use of the Licensed Software "Use" is limited to stonng, loading, installing or execuUng copies of the Licensed Software by authorized employees, agents or representatives of Customer m accordance with the associated documentation for Customer's internal business purposes and does not include the rental, lease, subhcensmg, or lending of the Licensed Software. The "Usage Level" of the Licensed Software, based on number of lines, ports, terminal numbers, servers or other hardware devices, users, site licenses or other specified measure, is as authorized and specified in the separate associated agreement for the supply of Nortel Networks products between Customer and its Authorized Distributor or, if no other Usage Level is so specified, then the Usage Level is restricted to one individual user and one hardware device. Customer is granted no title or ownership rights in or to the Licensed Software or any copies thereof, in whole or m part, and Customer acknowledges that title to the Licensed Software and any copies thereof and to all copyrights, patents, trade secrets and any other intellectual property rights to and m the Licensed Software and associated documentation are and shall remmn the property of Nortel Networks and/or Nortel Networks' suppliers The Licensed Software contains "trade secrets" of Nortel Networks and/or its suppliers. Such trade secrets include, without limitation, the specific design, structure and logic of individual Licensed Software programs, their interactions with other portions of the Licensed Software, both internal and external, and the programming techniques employed In order to maintain the trade secret status of the reformation contained within the Licensed Software, the Licensed Software is licensed to Customer in object code form only Nortel Networks' suppliers holding any mtellectual property rights m any Licensed Software, and any third party owning any intellectual property rights m software from which the Licensed Software was derived, are intended third party beneficiaries of this License. All grants of rights to intellectual property intended to be accomplished by this Lmense are explicitly stated No other grants of rights shall be inferred or shall arise by implication. Customer warrants to Nortel Networks that Customer is not acqumng the rights granted by this License in anticipation oftransfernng them Customer shall' · Hold the Licensed Software m confidence for the benefit of Nortel Networks and/or Nortel Networks' suppliers using no less a degree of care than it uses to protect its own confidential and valuable mformat~on of similar nature but not less than a reasonable degree of care, and · Keep a current record of the location of each copy of the Licensed Software made by Customer, and · Use the Licensed Software only m accordance with the authorized Usage Level, and · Affix to each copy of the Licensed Software made by Customer, in the same form and location, a reproduction of the copyright notices, trademarks, and all other proprietary legends and/or loges of Nortel Networks and/or Nortel Networks' suppliers, appeanng on the original copy of the Licensed Software delivered to Customer, and retain the same without alteration on all original copies; and · Issue mstmctmns to Customer's authorized employees, agents, and/or representatives to whom Licensed Software is disclosed, advising them of the confidential nature of the Licensed Software and provide them with a summary of the requirements of this License, and · Upon termination of this License, return to Customer's Authorized Distributor or destroy all copies of the Licensed Software and associated documentation. Customer shall not' · Use the Licensed Software (I) for any purpose other than Customer's own internal business purposes, and (n) other than as provided by this License, or · Allow anyone other than Customer's authorized employees, agents and/or representatives who need to Use the Licensed Software in connection with Customer's rights or obhgations under th~s L:cense to have physical access to the Licensed Software, or · Make any copies of the Licensed Software except such limited number of copies, m machine readable form only, as may be reasonably necessary for execution ~n accordance with the authorized Usage Level or for amhival purposes only; or · Make any modifications, enhancements, adaptations, derivative works, or translations to or of the L~censed Software, except as may result from those Customer interactions w~th the Licensed Software associated with normal Use and explained and permitted in the associated documentation, or · Reverse engineer, d~sassemble, reverse translate, decompde, or in any other manner decode the Licensed Software in order to derive the source code form or for any other reason; or · Make full or partial copies of the associated documentation or other pnnted or machine-readable matter provided with the Dcensed Software unless the same has been supplied by Nortel Networks in a form intended for reproduction, or · Export or re-export the Licensed Software and/or associated documentation by downloadmg or otherwise from the country where Customer acquired the L~cense to Use the Licensed Software Customer may assign collectively its rights under this License to any subsequent owner of the associated hardware, but not otherwise, subject to the payment of the then current license fee for new users, ff any No such assignment shall be valid until Customer (l) has delegated in writing all of its obligations under this License to the assignee, (u) has obtained from the assignee an uncondalonal written assumption of all such obligations; (iii) has provided Norte[ Networks a copy of such assignment, delegation and assumption, and (iv) has transferred physical possession of all copies of the Licensed Software and associated documentatmn to the assignee except amh~val copies that have been destroyed. Except as prowded above, neither this License nor any rights acquired by Customer through this License are assignable Any attempted assignment of rights or other transfer of the Licensed Software not specifically allowed shall be vo~d and conclusively presumed a breach of this License. If Nortel Networks (l) claims a breach of th~s License, and (n) provides written notice of such cla:med breach to Customer, and (m) such claimed breach remains uncorrected more than thirty (30) days following Customer's receipt of such written notice, then th~s License may be immediately terminated by Nortel Networks without prejudice to any other rights and remedies that Nortel Networks may have at law or equity Unless earlier terminated, th~s License will terminate when Customer permanently ceases Using the Licensed Software or upon the expuration of thirty (30) years from the date Customer acquired the License to Use the Licensed Software, whichever ~s earher Customer's obligations to hold the Licensed Software m confidence and to otherwise protect Nortel Networks' trade secrets and other proprietary rights in the Licensed Software, as provided in this License, shall survive the termination of this License THE EXPRESS LIMITED WARRANTIES FOR THE LICENSED SOFYWARE WILL BE SOLELY THOSE GRANTED TO CUSTOMER BY CUSTOMER'S AUTHORIZED DISTRIBUTOR IN A SEPARATE AGREEMENT. * TERMS ~4RE CONTINUED ON NEXTP~4GE * Nortel Networks Product Software License - US/Canada Ver. 7.0 Indirect - 18 September 2000 THE LICENSED SOFTWARE IS PROVIDED BY NORTEL NETWORKS AND ITS SUPPLIERS "AS IS". WITH RESPECT TO THE LICENSED SOFTWARE, NORTEL NETWORKS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, WRITTEN OR ORAL~ EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS OF TITLE, NON1NFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE LIMITATIONS ON THE LIABILITIES OF NORTEL NETWORKS, ITS SUPPLIERS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND THE LIMITATIONS ON CUSTOMER'S REMEDIES ARE UNDERSTOOD BY CUSTOMER, ARE WITHOUT PREJUDICE TO ANY OTHER LIMITATIONS OR RESTRICTIONS ON THE RIGHTS AND REMEDIES AVAILABLE TO CUSTOMER, SHALL APPLY NOTWITHSTANDING A FUNDAMENTAL BREACH OF CONTRACT AND THE LICENSE FEES WERE DETERMINED IN CONSIDERATION OF SUCH LIMITATIONS. IN NO EVENT WILL NORTEL NETWORKS AND/OR NORTEL NETWORKS' SUPPLIERS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO OR THROUGH CUSTOMER FOR INCIDENTAL, INDIRECT, SPEC1AL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS OR BUSINESS INFORMATION, BUSINESS INTERRUPTION, OR OTHER ECONOMIC DAMAGE, AND FURTHER INCLUDING INJURY TO PROPERTY, AS A RESULT OF USE OR INABILITY TO USE THE LICENSED SOFTWARE OR BREACH OF ANY OTHER TERM OF THIS LICENSE, REGARDLESS OF WHETHER NORTEL NETWORKS AND/OR NORTEL NETWORKS' SUPPLIERS WERE ADVISED, HAD OTHER REASON TO KNOW, OR 1N FACT KNEW OF THE POSSIBILITY THEREOF. If Customer hcensed the Licensed Software in the United States, "Nortel Networks" means Nortel Networks Inc and the rights and obhgatlons arising under this License shall be construed m accordance wtth the laws of the State of New York without reference to any conflmt of law promsions If Customer hcensed the Lmensed Software m Canada, "Nortel Networks" means Nortel Networks Limited and the rights and obligations arising under this License shall be construed in accordance with the laws of the Province of Ontario without reference to any conflict of law promslons If for any reason a court of competent JUrisdiction finds any provision of this License or portion thereof to N RTEL NETWORKS' be unenforceable, such provision of this License shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this License shall conttnue in full force and effect If Customer is the United Slates Government ("Government"), the following paragraph shall apply The Licensed Software and associated documentation is copyrighted by Nortel Networks and/or its suppliers and is unpubhshed--all rights are reserved by Nortel Networks and/or its suppliers The Licensed Software Is commercial computer software, the associated documentation is commerctal computer software documenlatlon, and their use is governed by the terms of this standard commercial License The Government's rtghts m regard to the Licensed Software and associated documentation is subject to the terms, conditions and restrictions of this License m accordance with the U S Federal regulations at 48 C F R Sections 12 212 and 227 7202, as amended For procurements governed by DFAR Subpart 227.4 (1988) only, as amended, the Licensed Software and associated documentation Is provided with Restricted Rights and Use, duplication and disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(n) of the Rights m Technical Data and Computer Software clause at DFAR 252.227-7013 (1988), as amended. By using the Licensed Software m any manner, the Government agrees with the prowslons of this paragraph If this License falls to meet the Government's minimum needs or is inconsistent in any respect with U S Federal procurement law, the Government agrees to return the Licensed Software and associated documentation, unused, to Nortel Networks or its Authorized Distributor within thirty (30) days of the original dehve~y of the Ltcensed Software for a refund IF SUPPLIERS OF THIRD PARTY SOFTWARE INCLUDED IN OR DISTRIBUTED WITH THE LlCENSED SOFTWARE REQUIRE NORTEL NETWORKS TO INCLUDE ADDITIONAL OR DIFFERENT TERMS 1N THIS LICENSE, NORTEL NETWORKS MAY INCLUDE SUCH TERMS IN A SEPARATE DOCUMENT ACCOMPANYING THIS LICENSE AND SUCH TERMS SHALL BE DEEMED INCORPORATED INTO THIS LICENSE WITH RESPECT TO SUCH THIRD PARTY SOFTWARE. This License has been drawn up m English at the express wish of the parties Le present contrat de hcence ("License") a 6t6 r6dlg6 en anglais ~ la demande expresse des parties This License constitutes the entire agreement between Nortel Networks and Customer with respect to the rights and obhgatlons set forth herein and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Ltcense will be binding unless m writing and signed by a duly authorized representative of Nortel Networks CUSTOMER AGREES TO THE TERMS OF THIS LICENSE: AUTHORIZED SIGNATURE: PRINTED NAME: CUSTOMER (COMPANY NAME): DISTRIBUTOR NAME: DATE: PHONE: NORTEL NETWORKS Distribution Management M/S 38D/04/C50 2375A Glenvllle Drive Richardson, TX 75082 (972) 684-8543 Nortel Networks Product Software License - US/Canada Ver. 7.0 Indirect - 18 September 2000 Letter of Election City of Delray Beach ("Subscriber') requests BellSouth Telecommunications, Inc. ('Company') to provide the following Service at Subscriber locations as detailed in the Service Attachment. The Service included in this Agreement is: BellSouth Centrex Service The Company will provide the requested Service under the terms and conditions stipulated in the goveming tariff. Tariff references providing the basis for this Agreement are detailed in the Service Attachment. Important tariff provisions relating to the requested Service include, but are not limited to: The Company will furnish, install, maintain, and provide maintenance of the Service in accordance with the Company's lawfully filed tariffs. The service period shall begin on the date Sewice is installed and billing begins ('Service Period"), unless specified otherwise in the tariff. The Subscriber agrees to pay the Company for the provision of the Service based on the selected length of te~m described in the tariff. This monthly rate will continue for the elected Service Pedod and will not be subject to Company initiated change dudng this period. BellSouth Centrex Service Period begins on the first bill date following conversion for those Subscribers whose service is converted from ESSX® / Digital ESSX® Service or MultiServs~ / MultiServs~ Plus Service. BellSouth Centrex Sorvice Period begins on the service installation date for those Subscribers choosing BellSouth Centrex as a new service, or who are replacing any other service with BellSouth Centrex. The Service Period, monthly recurring charges, and non-recurring charges for this Agreement are detailed in the Service Attachment. In the event the Service is terminated prior to the expiration of the Service Period, the Subscriber shall pay Termination or Cancellation Charges as specified in the tariff. The appropriate tariff sections shall govern moves of service, upgrades to a higher level of service, and changes in jurisdiction. The Service Attachment describes the quantity of Service the Subscriber has ordered. Should the Subscriber desire to add or change Service, the Company agrees to do so under the terms and conditions of the tadlf and the Subscriber agrees pay any additional charges resulting from the change or addition. In the event the Service requested by the Subscriber is cancelled prior to establishment of Service, but after the date of ordering reflected herein, the Subscriber is required to reimbume the Company for all expenses incurred in handling the request before the notice of cancellation is received. Such charges will not exceed the sum of all charges that would apply if the work involved in complying with the request had been completed. 7. The Subscriber agrees to pay any added costs incurred by the Company due to Subscriber initiated change in the location of the requested Sorvice prior to the time the Service is installed. 8. The Subscriber may migrate to a higher Payment Plan at any time during the service pedod, but may not migrate to a lower Payment Plan during the service period without incurring cancellation charges. Payment Plan: Payment Plan 4 Initial: Date: ~UeSOUTH Page 1 of 3 May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election Subscriber understands that BellSouth will attempt to meet the requested installation date, but makes no warranty, either expressed or implied, that the requested date will be met. Requested Installation Date: March 1=t, 2003 10. BellSouth also offers a 'Satisfaction Guarantee" with BellSouth Centrex service, as described in the Tariff. If the Subscriber wishes to exercise the Satisfaction Guarantee, written notification must be provided to BellSouth within ninety (90) days of the effective billing date of this order. 11. Surcharges, such as end user common line, local number portability, federal universal sewice charge, etc., that may be included in an Agreement Attachment, are not affected by the Agreement's terms and conditions and are subject to change. This Agreement is effective when executed by the Subscriber and accepted by the Company, and is subject to and controlled by the provisions of the Company's lawfully filed tariffs, including any changes therein as may be made from time to time. Subscriber Name Signature Date Printed Name Title BELLSOUTH TELECOMMUNICATIONS, INC. By: BellSouth Business Systems, Inc. Signature. Date: Printed Name Title ~'~:~ ~iU~OUTH Page 2 of 3 May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement. Letter of Election BellSouth Centrex Service State Tadff: Florida General Subscriber Services Tariff Service Period: 48 months Attachment The attached QuoteExpert document includes all rate elements required for BellSouth Centrex Service. Those subject to rate stabilization are indicated in the GSST A12.25. Other charges mandated by Federal, State, or Local statutes may also apply. Attach QuoteExpert document to the Letter of Election Initial: Date: ~'~OUT~ Page 3 of 3 May not be used or disclosed outside the BellSot~h companies, except pursuant to a wr#ten agreement. CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL03-1719-00 Thxs Contract Service Arrangement Agreement ("Agreement") ~s by and between BellSouth Telecommumcations, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and City of Delray Beach ("Customer or Subscriber"), and is entered ~nto pursuant to Tariff Section A5 of the General Subscriber Services Tariff. This Agreement ~s based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Subscriber requests and Company agrees, subject to the terms and conditions here~n, to provide the service described in the Attachment(s) at the monthly and nonrecurring rates, charges, and conditions as described in the Attachment(s) ("Service"). The rates, charges, and conditions described in the Attachment(s) are b~nding upon Company and Subscriber for the duration of this Agreement. For the purposes of the effectiveness of the terms and conditions contmned herein, this Agreement shall become effective upon execution by both parties. For purposes of the determination of any service period stated here~n, said service period shall commence the date upon which installation of the service ~s completed. 2. Subscriber agrees to subscribe to and Company agrees to provide any additional tariffed services required for the ~nstallat~on of the Service. Subscriber agrees to be responsible for all rates, charges, and con&t~ons for such tariffed services. 3. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated compames' lawfully filed and approved tariffs, Including but not hm~ted to Section A2 of the General Subscriber Services Tanff and No. 2 of the Federal Communications Commission Tariff and shall include all changes to said tariffs as may be made from t~me to t~me. All appropriate tariff rates and charges shall be included in the provision of this service. The tariff shall supersede any conflicting prov~smns of this Agreement, with the exceptmn of the rates and charges herein, in the event any part ofth~s Agreement conflicts w~th terms and condmons of Company's or any of ~ts affihated companies' lawfully filed and approved tariffs. 4. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs incurred in the implementation of this Agreement prior to receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply ~f the work in the implementation of this Agreement had been completed by Company. 6. The rates, charges, and conditions described in the Attachment(s) may be based upon information supphed to Company by the Subscriber, including but not limited to forecasts of growth. If so, Subscriber agrees to be bound by the ~nformat~on provided to Company. Should Subscriber fall to meet ~ts forecasted level of service requirements at any time during the term of th~s Agreement, Subscriber shall pay all reasonable costs associated w~th ~ts failure to meet its projected service requirements. PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT Page 1 of 6 Customer Imtials Date CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL03-1719-00 7. (a) If Subscriber cancels this Agreement at any time prior to the expiration of the sermce period set forth in this Agreement, Subscriber shall be responsible for all termination charges. Unless otherwise specified by the tariff, termination charges are defined as all reasonable charges due or remaining as a result of the m~nimum service period agreed to by the Company and Subscriber and set forth in the Attachment(s). 7. (b) Subscriber further acknowledges that it has options for its telecommunmations services from providers other than BellSouth and that it has chosen BellSouth to provide the services m th~s Agreement. Accordingly, xf Subscriber assigns th~s Agreement to a certified reseller of BellSouth local services and the reseller executes a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed termination charges. However, Subscriber agrees that in the event it fats to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as spemfied ~n th~s Agreement. 8. Thls Agreement shall be construed ~n accordance with the laws of the State of Florida. 9. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient ifg~ven in writing, hand delivered, or Umted States mail, postage prepaid, addressed to the appropriate party at the address set forth below. Either party hereto may change the name and address to whom all notices or other documents reqmred under this Agreement must be sent at any time by giving written notice to the other party. Compan___y BellSouth Telecommunications, Inc. Assistant Vice President 701 Northpoint Pkwy West Palm Beach, FL 33407 Subscriber City of Delray Beach 100 NW 1 Ave Delray Beach, FL 33444 10. Subscriber may not assign its rights or obhgations under this Agreement without the express written consent of Company and only pursuant to the conditions contmned ~n the appropriate tariff. PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT Page 2 of 6 Customer Initials Date CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL03-1719-00 11. In the event that one or more of the provisions contained in thts Agreement or incorporated w~th~n by reference shall be invahd, illegal, or unenforceable in any respect under any apphcable statute, regulatory requirement or rule of law, then such prowsions shall be considered inoperative to the extent of such ~nvalid~ty, illegahty, or unenforceabxlity and the remmnder of this Agreement shall continue in full force and effect. PRIVATEfPROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT Page 3 of 6 Customer Initmls Date CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL03-1719-00 Option I of 2 Offer Expiration: This offer shall expire on: 6/3/2003. Estimated service interval following acceptance date: Negotmble weeks. Service description: This Contract Service Arrangement (C.S.A.) provides for BellSouth® Primary Rate ISDN - Voice/Data (Standard) service. Th~s Agreement provides for a twenty-four (24) to a forty-eight (48) month service period. (Notes 1,2,4) This Agreement is for d7/,~' months. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: C~ty of Delray Beach By: Authorized Signature Printed Name: Title: Date: Company: BellSouth Telecommunications, Inc. By: BellSouth Business Systems, Inc. By: Authorized Signature Pnnted Name: Title: Date: PRIVATE~PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT Page 4 of 6 Customer Imtials Date RATES AND CHARGES CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL03-1719-00 Option I of 2 Rate Element Non-Recurring Monthly Rate USOC 1. BellSouth® Primary Rate ISDN Access Line, each $.00 $130.00 1LD1E BellSouth® Primary Rate ISDN Interface, each - Voice/Data (Standard) (Note 3) $.00 $375.00 PR71V BellSouth® Primary Rate ISDN B-Channel, each - Voice/Data (Standard) $.00 $16.00 PR7BV BellSouth® Primary Rate ISDN Telephone Numbers, per telephone number requested inward and 2-way $.00 $.20 PR7TF PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT Page 5 of 6 Customer Initials Date CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL03-1719-00 Option 1 of 2 RATES AND CHARGES NOTES: l. All applicable rates and regulations for BellSouth® Pr/mary Rate ISDN as set forth in the General Subscriber Services Tariff are in addition to the rates and regulations contained in thts C.S.A. w~th the exception that volume discounts as outlined ~n the tanffdo not apply. 2. The following nonrecurring charges will not apply upon initial installation. However, if the service is disconnected prior to the expiration of this C.S.A., then the Subscriber will pay full nonrecurring charges as identified below in addition to applicable termination liabihty charges: Contract Preparation Charge Each PRI Access Line Interface, Voice/Data Option B-Channels, Voice/Data Option WGGVF $160.00 1LD 1E $875.00, each PR71V $110.00, each PR7BV $ 5.00, each 3. Apply five End User Common Line Charges for each Primary Rate Interface. 4. Other rate elements used ~n the prowsion of the service may not have been listed herein but can be found in the appropriate BellSouth tariff. All trademarks and service marks contained herein are the property of BellSouth Intellectual Property Corporation. END OF ARRANGEMENT AGREEMENT OPTION 1 PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION MAY NOT BE USED OR DISCLOSED OUTS[DE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT Page 6 of 6 Customer Initials Date Siebel No. 1-1RI4S BellSouth® Business Class Family of Services Enrollment Form Account Information: Company Neme: City of Delray Beach Street: 100 NW 1st Ave City, State, Zip. Delray Beach, FL, 33444 Contact Information: Customer Contact Name: Customer Contact Phone: Account Executive: Account Executive Phone: Amanda Solomon 561-243-7008 Arbn Toroyan 954-838-1911 The Customer identified above (the 'Customer') hereby enrolls in the BellSouth® Business Class Family of Services (the 'Services"). The rates, discounts and other terms and conditions applicable to the Services ara set forth in, and govamed by, this Enrollment Form, including related Service order forms and/or Term Sheets (as defined below), and the following documents, which may be amended by BellSouth Long Distance, Inc ('RellSouth Long Distance') and/or BellSouth BSE, Inc. ('BSE"), as applicable, from time to time (collectively, the 'Governing Documents"). (a) the relevant BellSouth Long D~stance Pricing Guides for Services purchased from BellSouth Long Distance which ara not subject to tariff and the BellSouth Long Distance state tariffs, or similar documents required by the state regulatory body with jurisdiction over the BellSouth Long Distance tariffed Services, and (b) the BSE Pricing Guides, state tariffs, and simdar documents required by the state regulatory body with jurisdiction over the BSE local Frame Relay Service. Each Governing Document is hereby incorporated into tl~s Enrollment Form by reference. CopIes of the Govermng Documan~s are avadable at www. tariffs, net/bsid/index.mv and, during normal business hours, at BellSouth Long Distance's main office at 400 Perimeter Center Terrace, Suite 350, Atlanta, Georgia 30346. The BellSouth Long Distance Services, as speoifically defined in the applicable Governing Documents, currently include: BellSouth® Dial Direct Service, BellSouth® Toll-Free Service, BellSouth® Long Distance Voice VPN, BellSouth® Long Distance Dedicated Access Service ('Dedicated Acc, ess"), BellSouth® Long D~stance Private Line Service ('Private Line"), BellSouth® Long Distance ATM Service, and BellSouth® Long Distance Frame Relay Service. BSE provides a local frame relay service, BSE Frame Relay Service Customer heraby enrolls for a Term of 3 Years. During the Term of this Enrollment Form, Customer hereby agraes that Customer's Minimum Monthly Commitment ("MMC") shall be $500 of Contributory Service charges. Contributory Service charges for Dedicated Access and Private Line will be calculated after all discounts have been applied. For ell other Services, Contributory Service charges will be calculated befora the application of any discounts. Cofttributory Service charges which contribute toward Customer's MMC are specifically identified in the appl~,able Governing Documents If, in any month following a three (3) month ramp up period, Customer fails to meet its MMC, Customer agrees to pay the difference between Customer's total Contributory Service charges for such month and the MMC specified above. If Customer cancels this Enrollment Form or ceases to use Services to a material extent prior to the expiration of the Term, Customer agraea to pay an amount equal to fifty percent (5096) of the MMC multiplied by the number of months remaining in the Term specified above. These charges ara in addition to any other valid and outstanding Service charges which may be due. To the extent permissible under applicable law, regulation or tariff, this Enrollment Form, including the Governing Documents and any related Service order forms and Service promotions, will be governed by the laws of the State of Florida, without regard to its conflict of law provisions. BellSouth Long Distance or BSE, es apphcable, may assign th~s Agreement at any time to a parant, subsidiary, subsidiary of its parent or any of its or its parent's afl, lares. All Services provided hereunder are offered subject to the availability of the service components required. The parties hereby acknowledge and agree that the BSE Frame Relay Service is only available in (a) the BellSouth Telecommunications, Inc. serwce area; and (b) locations outside of the BellSouth Tsiecommunk-.,ations, Inc. service araa ('Independent Territory") where BSE has a meet-point agreement in place with a network provider in the Independent Territory. In all other circumstances, the entire frame ralay service will be provisioned as BellSouth® Long Distance Frame Relay Service, and the pricing for such service shall be as stated ~n the relevant Governing Document(s). Customer hereby (a) enrolls in the following Promotions, Plans, Waivers, and/or Dedicated Access Service (b) acknowledges receiving the term sheet ('Term Sheet') for each such Promotion, Plan, Waivers, and/or Dedicated Access Service which are attached hereto and are hereby incorporated into this Enrollment Form by reference, and (c) agrees to be bound by the terms and conditions contained therain. · Charter Customer Promobon By executing this Enrollment Form, Customer grants a Letter of Agency to BellSouth Long Distance to act on Customer's behalf to order access services necessary to connect the Services to Customer. This agency authorization ~ncludea, without limitation, the removal, addition to or rearrangement of such access smvices. In order to become effective this Enrollment Form must be executed by a duly authorized representative of Customer and delivered to and accepted by an authorized representative of BellSouth Long Distance and/or BSE. If this Enrollment Form is signed by Customer and accepted by BellSouth Long Distance and/or BSE, twenty (20) days or more prior to the first day of the next billing month, the Term will commence on the first day of the next billing month. Otherwise, the Term will commence on the firm day of the second billing month folicwing acceptance by BellSouth Long Distance or BSE. Any modification(s), interlineation(s), addition(s) supplement(s) and/or other change(s) to v 3.6 12/02 PRIVATE/PROPRIETARY No disclceura outside BellSouth and customer except by written agreement. thru Enrollment Form by Customer shall render this Enrollment Form null and void City of l:)elraV Beach Signature: Printed Name: Title: Date: Siebel No. 1-1RI4S v 3,6 12/02 PRIVATE/PROPRIETARY No disclosure outside BellSouth and customer except by written agreement, Promo Code PLDS5 BellSouth® Charter Customer Promotion Term Sheet BellSouth® Business Class Family of Services The customer identified above (the *Customer") hereby enrolls in the BellSouth® Charter Customer promotion (the "Promotion"). Customer represents and warrants that Customer has signed a 1 year, or longer, BellSouth® Business Class Family of Services agreement (the 'Services Agreement"). This Promotion cannot be combined with certain other promotions and cannot be combined with any Customized Pricing Arrangement ("CPA'), unless otherwise stated in the CPA. Provided Customer has a BellSouth® Business Class Family Services Agreement in effect for Services purchased under this Promotion, Customer will receive the following pdcing: . An additional 5% discount will be applied to interstate and international inbound and outbound voice usage , This discount will be applied after application of the standard volume and term discounts This Promotion is subject to and controlled by the provisions of the Governing Document(s) applicable to the Promotion-eligible Services purchased under the Services Agreement. Any modification(s), interlineation(s), addition(s) supplement(s) and/or other change(s) to this Term Sheet by Customer will render this Term Sheet null and void. This Promotion is coterminous with and incorporated by reference into the Services Agreement. All capitalized terms not defined herein shall have the meaning ascribed to them in the Services Agreement. To be eligible for this Promotion, Customer must execute the Services Agreement, acknowledging enrollment in this Promotion, no later than March 31, 2003. This Promotion shall apply to eligible services ordered under the Services Agreement, provided that at least one such eligible service is installed and activated by May 31, 2003. Gustonter Name: City of Delray Beach Quol:e fi:. 030102~72 v 3.4 12/02 PRIVATE/PROPRIETARY No disclosure outside BellSouth and customer except by written agreement. AMENDMENT NO. 1 THE PREMZER SERVI:CES tNVESTMENT PLAN - COPPER This Amendment modifies the terms and conditions of the Agreement between BELLSOLFTH COMMUNICATION SYSTEMS, LLC ("BelIsouth'9 and The City of Delray Beach, Agreement Number PO066).9, applicable only to the Order dated 2/:18/03, Order Number . All other terms of the Agreement and Order remain unchanged. 1. For this Order, the term of Maintenance Service shall be four (4) years (minimum 2 years) from the Maintenance Service Commencement Date. The initial term for Maintenance Service will automatically be renewed for successive terms of two (2) years each at Bellsouth's then current rates. Either party may elect not to renew by giving the other party written notice at least thirty (30) days prior to the end of the then current term. 2. BellSouth will provide the following Copper Plan Services in addition to the services set forth for the above referenced Order. ELECTRZCAL PROTECTZON. BellSouth will provide and install PBX electrical surge and lightning protection ("ESLP'~ equipment. Thereafter, BellSouth guarantees Customer's PBX against any Equipment damage caused by electrical surge, if the ESLP equipment was installed by BellSouth at no expense to the customer, it shall remain the property of BellSouth, and be returned to Bellsouth on any termination of Maintenance Service CZTY OF DELRAY BEACH Signature Signature Printed Name Pdnt~l Name Date Date BELLSOUTH COMMUNICATION SYSTEMS, LLC By. CITY JIF DELRrlV BErI[H CITY ATTORNEY'S OFFICE 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line. 561/243-7091 MEMORANDUM February 13, 2003 City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Resolution 6-03 (Acquisition of CDC Property) Resolution No. 6-03 authorizes the City to purchase property located on N.W. 15th Avenue, Delray Beach from the Delray Beach Community Development Corporation (CDC) for the purchase price of $76,000.00. The purpose of the acquisition is to provide drainage retention in this area. The appraised value for these vacant lots was $50,000.00, however, the CDC purchased these lots for $70,000.00 and also incurred various closing costs and due diligence activities. The CDC has provided that it will need to recover all of its costs and expenses associated with these lots so that it may purchase other vacant lots in the City for first time homebuyers. Incorporated within the resolution are the terms and conditions of the contract for sale and purchase. The City will pay all of the expenses of the closings, except for documentary stamps and prorations. Please place this item on the February 18, 2003 City Commission agenda. Please call if you have any questions. RBS:smk Attachments cc: Barbara Garito, City Clerk Randal Krejcarek, City Engineer RESOLUTION NO. 6-03 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, DESCRIBED LOTS 15-18, BLOCK B, CARVER MEMORIAL PARK SUBDIVISION LOCATED ON N.W. 15TM AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire the vacant property described as Lots 15-18, Block B, Carver Memorial Park Subdivision located on N.W. 15th Avenue, for drainage purposes; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Dekay Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase fi:om the Delray Beach Community Development Corporation, as Seller, land for drainage purposes for the purchase price of Seventy-Six Thousand Dollars ($76,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: Lots 15-18, Block B, Carver Memorial Park Subdivision according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Dekay Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on the ~ day of ,2003. ATTEST: MAYOR City Clerk CONTRACT FOR SALE AND PURCHASE DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION, ("Seller"), of 400 West Atlantic Avenue, Delray Beach, FL 33444 (Phone: ) and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), of 100 N.W. 1st Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000) hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following terms and conditions: 1. DESCRIPTION: Lots 15-18, Block B, Carver Memorial Park Subdivision. 2. PURCHASE PRICE ................ US $76,000.00 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties prior to such offer being withdrawn by the first party signing, the deposit(s), if any, will, at Buyer's option, be returned and this offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer or the date the City Commission of the City of Delray Beach approves this Contract. A facsimile copy of this Contract and any signature thereon shall be considered for all purposes as originals. 4. TITLE EVIDENCE: At least 30 days from the effective date, Buyer shall obtain a title insurance commitment. 5. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered following the expiration of the feasibility study period as provided for in Paragraph L, unless extended by other provisions of the Contract. 6. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. 7. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller. Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy is to be dehvered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. 8. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of this Contract in conflict with them. 9. ASSIGNABILITY: Buyer may assign Contract. 10. DISCLOSURES: Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health Unit. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 5 days from the date of receiving a title commitment to examine it. If title is found defective, Buyer shall, within 5 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have thirty (30) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then xs or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of rifle and to examine same, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachment on Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictiom, Contract covenants or applicable governmental regulation, the same shall constitute a rifle defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph 6, hereof, title to which is in accordance with Standard A. D. Intentionally reserved. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon- tractors, suppliers and matenalmen and further affirming that all charges for improvements or repairs which could serve as a bas~s for a mechanic's line or a claim for damages have been paid or will be paid at closing of this Contract. F. Place of Closinll: Closing shall be held in the county where the Real Property is located, at the office of the attorney or other closing agent designated by Buyer. -2- G. Time: In coraputing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on 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. H. Documents for Closing: Seller shall furnish bill of sale, mechanic's lien affidavit, assignments of leases, and tenant and mortgagee estoppel letters. Buyer shall furnish deed, owner's possession affidavit, corrective instrtunents and closing statemem. I. Expenses: Documentary stamps on the deed shall be paid by Seller. Recording of corrective instruments shall be paid by Seller; recording of deed shall be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for thc following related title senrices, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing thc title evidence in accordance with Paragraph 4. J. Taxes~ Assessmentsl Expenses: Taxes, assessments and expenses relative to the property shall be paid through thc date of closing, except Buyer shall pay for the 2002 property taxes. In the event an interim tax bill is not available as of the closing the seller shall escrow adequate funds for thc payment of such taxes based upon the closing agents estimate. K. Special Assessment Liens: Certified, confmned and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Feasibili ,ty studies: The Buyer shall have sixty (60) business days following the Effective Date of this Contract within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisation of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during sa~d period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of thc Seller and closing shall proceed pursuant to the terms of the Contract with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of thc assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of clearance of funds shall not excuse Buyers performance. If in doubt as to Agenfs duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until thc parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to thc extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or m any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller -3- of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under 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 to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Contract Not Recordablel Persons Boundl Notice: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey title to Real Property by warranty deed, subject only to matters contained in Paragraph 6 and those otherwise accepted by Buyer. Personal Property shall, at 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. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: City of Delray Beach By: Mayor, David Schmidt ATTEST: By: City Clerk Approved as to Form: By: ~, City Attorney SELLER: Delray Beach Community BD;:elij }_m~ t ;rP ,ci~~ .... (Please Type or Print Name) (P~'e~e Type or Priht Name) STATE OF FLORIDA COUNTY OF PALM BEACH 2003 by William The foregoing instrument was acknowledeed before me this ~ Sanders who ~ly ~o~~~ o me or who has ,, (type of identification) as~~~ ~ Signature of Notary Public- State of Florida produced -5- [ITY I]F I]ELAI:IY BEI:I[H CiTY ATTORNEY'S OFFICE 200 T£L£PHON£ 561/243-?090 · FACSIMILE 56]/2?8-4?55 1993 DATE: TO: FROM: SUBJECT: Writer's Direct Line: 561/243-7091 MEMORANDUM February 11,2003 City Commission David Harden, City Manager Susan A. Ruby, City Attorney Block 77 Development Group - Parking Lease Between Block 77 and Sun Atlantic Properties, LLC for the 100 Spaces (Part-Time and Full-Time) on Block 69 The Contract for Sale and Purchase between Block 77 and the CRA provides that Block 77 and Grip Development Inc. (now Sun Atlantic Properties, LLC) shall execute a Parking License Agreement that is subject to the City's satisfaction, and which will eventually be assigned to the City. Block 77 has submitted the attached Parking Lease Agreement (instead of License Agreement) for the City's approval. This Lease Agreement will later be assigned to the City, when title to the garage vests in the City. The Lease provides as follows: Term - The lease is for 99 years. The Tenant will pay operating expenses for the sixty (60) full-time and forty (40) part-time spaces (which includes all expenses incurred in the operation, management, maintenance, repair, provision of security, electricity, elevator maintenance, clean-up crews, insurance, taxes, janitorial services, etcl). The location of the Tenants' spaces are on the first level and if all cannot be accommodated, then' also on the second level. The sixty (60) full-time City Commission David Harden, City Manager February 11, 2003 Page 2 (40) part-time spaces are available to Sun Atlantic Monday through Friday, 8 a.m. to 6 p.m. and Saturday, 8:00 a.m. until 12:00 noon. 4. The Lease contains a jury trial waiver. The Lease provides that the Tenant may use the full-time and part-time spaces for valet parking purposes at its sole cost. The Lease contains wording acknowledging that the Parking Garage parcel is to be conveyed to the City (Page 4, Paragraph 16B). The Lease provides that the terms of the Parking Conveyance Agreement between the City and Block 77 prevails to the extent of a conflict with the Lease Agreement. Please place the acceptance of this License Agreement on the February 18, 2003 agenda for consideration. SAR~ Cc: Barbara Garito, City Clerk Diane Dominguez, Director, CRA Robert Federspiel, Esq. Mitch Kirschner, Esq. Mitchell B. KJrschner Pa~er D~rect Dial. 561.862 4173 Direct Facsirmlc 56!.862 4979 mkirschn~hodgsonruss, com HodgsonRuss A T T 0 R N E Y S + L L P January 22, 2003 Federal Express Susan Ruby, Esq. City of Delray Beach 200 NV/1 st Avenue Delray Beach, FL 33444 Dear Susan: Re: Block 77 Development Group - Sun Atlantic Enclosed please fred the proposed Parking Lease between Block 77 and Sun Atlantic Properties, LLC, for the 100 spaces (part-time and full-time) on Block 69. Request is made for you to kindly have the approval of the said lease placed on the next immediately available City Council agenda. Would you be so kind as to advise of the date on which the matter will be on the agenda so that Block 77 may be present before the City Council. Upon approval of the lease by City Council, we will deliver a fully executed lease to you. Very truly yours, Mit~B. Kirschner MBK/eg Enclosure cc: Mr. Ned Siegel FLADOCS 131275vl (2T~IOH DOC) RECEIVED JAN 2 3 2§03 CITY ATTORNEY 1801 North Mthtary Trad + Suite 200 + Boca Raton, Florida 33431 · Telephone 561-394-0500 *Facstmtle 561-394-3862 Albany · Buffalo * Gloversvtlle * JFK International Atrport* New York * Newark * Palm Beach Gardens * Toronto * w-ww. hodgsom-uss corn PARKING SPACE LEASE Dated as of __, 2003 Between: BLOCK 77 DEVELOPMENT GROUP, L.C., a Florida limited liability company, as Landlord SUN ATLANTIC PROPERTIES, L.L.C., a Florida limited liability company, as Tenant PLADOCS 115202vi1 (2GW'2111.DOC) PARKING SPACE LEASE THIS PARKING SPACE LEASE (the "Lease"), is made as of the __ day of ~ 2003 by and between Landlord, BLOCK 77 DEVELOPMENT GROUP, L.C., a Florida limited liability company, whose address is 5000 T-Rex Ave., Suite 150, Boca Raton, FL 33431 (the "Landlord"), owning, controlling or under contract to purchase or acquire fee simple title to a parcel of real property constituting the "Parking Garage Parcel" described on Exhibit A hereto, and SUN ATLANTIC PROPERTIES, L.L.C., a Florida limited liability company, whose address is 110 East Atlantic Ave., Suite 325, Delray Beach, FL 33~.~.~. (the "Tenant"). Description of Parking Spaces: Sixty (60) full-time and forty (40) part-time vehicular parking spaces approximately nine (9) feet wide and eighteen 08) feet long (ceHectively the "Parking Spaces") located in the structured parking facility (the "Parking Garage Parcel Parcel") contemplated to be constructed by Landlord on the described Exhibit A here~ the "Parking Garage ParceW. A parking plan identifying the location of the Parking Spaces is attached hereto as part of Exhibit A-I (~Parking Plane). Appurtenant to the Lease of the Parking Spaces shall be a license granted by Landlord to Tenant to utilize, on a non- exclusive basis, vehicular and pedestrian ingress and egress to the Parking Spaces as same may exist from time to time, as determined by Landlord, to and from the Parking Spaces and a public street, as such areas may exist from time to time, subject to reeonflguration if required by and in accordance with applicable governmental regulations or by Landlord to the extent provided herein. WITNESSETH: 1. Lease: Landlord hereby leases the Parking Spaces to Tenant, and Tenant hereby leases the Parking Spaces from Landlord, upon the terms and conditions hereafter set forth. Tenant is the owner of the real property and improvements known as the "Sun Building" more particularly described on Exhibit B attached hereto and made a part hereof. It shall be a specific condition precedent to this Lease that the City of Deh'ay Beach, Florida ("City") delivers to Tenant a confirmation certifying that the Parking Spaces leased to Tenant under this Lease shall provide Tenant with not less than the City's minimum requirement for parking necessary for Tenants of the Sun Building. 2. Tern: Term shall mean and refer to the period of time commencing upon the date of the Closing of the exchange transaction between the parties hereto described in that certain Exchange Agreement, dated June 26, 2002, between the parties hereto (''Commencelllent Date") in conjunction with Landlord's development of a structured residential apartment building and amenities together with a commercial feature under the regulations of the Community Redevelopment Agency of the City of Deh'ay Beach ("City") which development to be known as "Worthlng Place" upon real property having a legal description as described on Exhibit C attached hereto and made a part hereof ("Project") and ending ninety-nine (99) years therefrom or earlier termination of this Lease. Tenant shall have the use of the Parking Spaces as herein FLAIX)CS ! 15~1~-11 provided subject to the terms of this Lease from the Commencement Date through the term of the Lease. 3. Lense Year: A Lease Year shah mean and refer to a period of twelve (12) full calendar months. The first Lease Year shall commence on the Commencement Date and shall t¢~,:~inate on the last day of the month, which is twelfth (12th) full calendar month thereafter. The last Lease Year shall end on the expiration of the Term or earlier termination of this Lease. 4. Tenant Payments: Throughout the Term, Tenant agrees to pay to Landlord, without any prior demand required therefor and without any setoffs or deductions whatsoever, all monies which pursuant to the terms of this Lease are to be paid to Landlord by Tenant (collectively, "Tenant Payments"). If any Tenant Payments are not received by Landlord within ten (10) days from when it is due, time being of the essence for all Tenant Payments, Landlord shall charge Tenant a late charge equal to three (3%) percent of the late Tenant Payment (or portion thereof). In addition, if any Tenant Payments are not received by Landlord after ten (10) days of the date due, interest at the "prime rate" of New York City banks most recently published in The Wall Street Journal plus two percent (2%) (but in no event greater than the highest non-usurious rate allowed by law) [collectively the "Default Rate"] shall accrue and be due and payable by Te~umt to Landlord from the eleventh (11th) day after such Tenant Payment was due until such payment or monies are received by Landlord. Notwithstanding that Paragraph 10.A.(1) hereof requires a written demand from Landlord to Tenant to cause Tenant's failure to timely make a Tenant Payment to be an "Event of Default" hereunder, no notice from Landlord to Tenant shall be required to invoke late charges and interest at the Default Rate upon any delinquent Tenant Payment. Tenant shall pay Tenant's share of the Operating Expenses of the Parking Garage Parcel Parcel as hereinafter defined. The Tenant's Share shall be that percentage of all parking spaces in the Parking Garage Parcel computed by multiplying by one hundred (100), the fraction the numerator of which shall be eighty (80) (i.e. sixty (60) full time and one-half (tA) (i.e. 20) of the forty (40) Part-Time parking spaces leased to Tenant and the denominator of which is all the total of the Parking Spaces in the Parking Garage Parcel. The hereinabovc referenced expenses incurred in the operation and maintenance of the Parking Garage Parcel (''Operating Expenses~) shall include all expenses incurred in the ownership, operation, management, maintenance, repair and security of the Parking Garage Parcel and the Parking Garage Parcel, but not be limited to, electricity, elevator maintenance, clean-up crews, management, insurance, real estate taxes and impositions to the extent assessed and imposed on the Parking Garage Parcel or any portion thereof by virtue of this Lease, security services, utilities, cleaning, non-capital repairs and general maintenance, janitorial, maintenance, personnel and other services, operating expenses, reserves, and the like. It is hereby stipulated that following the issuance of a Ce~ificate of Completion for the Parking Garage Parcel, Landlord shall convey the parking Garage Parcel to the City and assign this Lease to the City. Tenant acknowledges that the City shall not be responsible for nor pay ad valorem taxes. However, notwithstanding the foregoing, Tenant acknowledges that should the Parking Garage Parcel be subject to ad valorem taxes, Tenant agrees that it shall be subject to payment of ad valorem taxes. Tenant shall be responsible for the payment of all said taxes unless the City shall have leased, licensed or otherwise granted utilization of some or all of the remaining Parking Spaces in the Parking Garage Parcel, in which case the responsibility of Tenant to pay ad valorem taxes shall be ratably proportioned with other such lessees or licensees of City in the Parking Garage Parcel provided such tenant(s) or licensee(s) are not exempt from the payment of taxes. In the event that ad valorem taxes are billed directly to Tenant, Tenant shall, in each year during the term, provide to Lessor proof of payment of all real-estate or other taxes imposed upon Tenant and attributable to the Leased Spaces not later than the 31st day of December of each year -2- FI,Al)OCS 115202vll (2GV~21 ii.DOC) during the Tc~,,,. In the event of the termination of this Agreement, absent a default by Landlord, its successors or assigns, thc obligations of Landlord hereunder shall be canceled and be of no further effect. In addition to its share of the Leased Spaces, Tenant shall be solely responsible for the payment to Lessor of Florida state sales tax incurred and payable pursuant to this Lease to a tenant or licensee that is not exempt from the payment of taxes. S. Use of Parkin~ Spaces: The Parking Spaces shall be utilized by Tenant and "Tenant's Representatives" (defined as Tenant's subsidiaries and affiliates of Tenant and its subtenants, Tenant' officers, partners, directors, attorneys, shareholders, employees, subtenants, agents, and invitees, as well as its subtenant's agents and invitees, and the attorneys and agents of all of the foregoing) for the parking of motor vehicles only in accordance with all applicable governmental regulations and such commercially reasonable rules and regulations relating to safety, noise, maintenance and thc general use of the Parking Garage Parcel and the Parking Garage Parcel adopted by Landlord from time to time which regulations shall be commercially reasonable and similar in nature to those implemented in comparable facilities located in Palm Beach County, Florida. Notwithstanding anything contained to the contrary herein, Tenant acknowledges that the City's handicapped parking requirements may require that the unqualified use of certain of the one hundred (100) Parking Spaces be reduced accordingly to add additional or larger handicapped parking spaces which will conform to thc City's mandate, in which case the maximum number of handicapped parking spaces allocated or assigned among the Part-Time Parking Spaces shall be two (2) and, as to the Full-Time Parking Spaces the maximum allocation for handicapped spaces shall be two (2). A. Specific Purpose: Tenant and Tenant's Representatives shall use the Parking Spaces solely for the purposes specified in this Paragraph 5, or elsewhere in this Lease, and shall not use or permit the Parking Spaces to be used for any other purpose. B. Safe Use of Parkine S~aces: Tenant agrees to make (and cause Tenant's Representatives to make) no unlawTul, offensive or noxious use of thc Parking Spaces. Trash must be properly disposed in receptacles designated for such purpose. No explosives, firearms, volatile or flammable chemicals shall be stored on thc Parking Spaces. Tenant agrees to comply and cansc Tenant's Representatives (including any valet services) to comply at all times with commercially reasonable rules and regulations relating to safety, noise, maintenance and the general use of the Project, as the case may be, adopted by Landlord from time to time similar in nature to those adopted in comparable facilities located in the City and Palm Beach County, Florida, including, but not limited to, reasonable speed and noise restrictions including such measures designed to regulate the speed and type of traffic over driveways by, among other things, signs and speed bumps, which rules and regulations shatl be uniformly applied to and enforced against all users of the applicable parking area ("Rules and Regulations"). Tenant agrees that all contracts it may execute with third-party providers of valet services as provided under this Lease state that if such provider (or Tenant on behalf of such provider) has received from Landlord a total of five (5) or more notices of violation thereof during any Lease Year, Tenant shall have the right to terminate such contract upon written demand of Landlord. C. Prohibited Uses: Except as otherwise specifically provided in this Lease, Tenant shall not cause or permit use of the Parking Spaces for any use other than motor vehicle parking in accordance with Governmental Regulations and in accordance with the Rules and Regulations. Excluding ordinary maintenance, Tenant shall be prohibited from making any alteration to the Parking Spaces without Landlord's prior written consent. At the discretion and sole risk of Tenant for which Tenant shall indemnify, defend and hold Landlord harmless, Tenant may cause any vehicles improperly parked upon the Parldng Spaces leased to Tenant to be towed -3- FLADOCSII~202vll (2OW2111.DOC) provided that proper notices are posted by Tenant and the towing companies comply with the requirements of all applicable governmental authorities, giving regard to the non-exclusive use by Landlord of the Part-Time Parking Spaces. Furthcrmore, if permitted by applicable governmental authorities, Tenant may place temporary, removable barriers (such as cones or pull-across visible chains), within those portions of the Parking Garage Parcel as to the Full-Time Spaces and, as to the Part-Time Spaces, during those days and times during which the Part-Time Spaces are subject to the exclusive use of Tenant restricting certain or all of the Paridng Spaces to a valet parking program, in which a greatcr number of vehicles than the Parking Spaces designed may be parked within the Parking Spaces. Notwithstanding the foregoing, however, no such placement of cones, pull-cords, chains or other apparatus or the afore-contemplated method of stacking vehicles within the Parking Spaces shall interfere with, impede or obstruct the use of any other Parking Spaces or the free flow of traffic within the Parking Garage Parcel. 6. Compliance with Environmental Laws: A. Landlord and Tenant shall abide by all "Environmental Laws" (as hereinafter defined). Tenant shall cause all other persons occupying or using the parlcing Spaces to comply with aH such Environmental Laws. Landlord and Tenant shall not, except with proper handling and storage of cleaning or repair products, generate, use, treat, store, handle, release or dispose of or permit the generation, use, treatment, storage, handling, release or disposal of Hazardous Materials on the Parking Spaces or any other portion of the Parking Garage Parcel. B. Tenant shall indemnify and hold harmless Landlord and all superior lessors and superior mortgagees and its and their respective partners, directors, officers, agents and employees (the "Indemnified Parties") from and against any and all claims arising from or in connection with any act, omission or negligence of Tenant or Tenant's Representatives relating to or arising out of the disposal of Hazardous Materials upon the Parking Spaces, or any other portion of the Parking Garage Parcel by the Tenant or Tenant's Representatives. In the event any Indemnified Parties shall be made party to any litigation or proceeding giving rise to the indemnification provided in this Paragraph 6 commenced by a party other than Tenant or against Tenant, then Tenant shall protect, indemnify and hold harmless the Indemnified Parties and Tenant shall pay all reasonable attorney's fees and costs (both trial and appellate fees) incurred or paid by such Indemnified Party in connection with such litigation or proceeding. C. If at any time during the term of this Lease any contamination of the Parking Spaces or any other portion of the Parking Garage Parcel by Hazardous Materials shall occur caused by Landlord, Landlord's Representative [defined as Landlord's partners, officers, directors, attorneys, employees, representatives, agents, contractors, subcontractors, successors, assigns, tenants, subtenants, concessionaires (including valet services) and invitees, and attorneys and agents of any of the foregoing] or parties other than Tenant and Tenant's Representatives (or if contamination occurred prior to the term of this Lease regardless of whether caused by Landlord or Landlord's Representatives), Landlord shall promptly and diligently perform at Landlord's expense such environmental remediation required by applicable governmental authoritics. If such contamination or the remediation of such contamination prevents Temmt's use of any of the Paricing Spaces, Tenant Payments shall be abated (or proportionately abated if all the Parking Spaces are not affected) from the date such Parking Spaces were rendered unusable until the environmental remediation renders the Parking Spaces tenantable. In all events during any period of remediation, if more than ten (10) Parking Spaces are rendered unusable, Landlord shall make up for the unusable parl~ing Spaces and Landlord shall temporarily assign to Tenant the use of other useable parking spaces within the pariclng Garage Parcel, if available or if none are available within the Parking Garage Parcel then, any such substitute for Full-Time -4- FLADOCS 11~202vll (2GV~2111.DOC) Parking Spaces shall be located within a one hundred (100) foot radius and any substitute for Part-Time Parking Spaces within a two hundred (200) foot radius of the entrance to the Sun Building during the course of remediation' to compensate for the Parking Spaces rendered unusable, it being the intent of Landlord and Tenant that if more than ten (10) Parking Spaces are rendered unusable by contamination, other than as caused by Tenant, for more than ten (10) consecutive Business Days, such Parking Spaces shall be temporarily substituted for by any other useable parking spaces within the Parking Garage Parcel, or if any such spaces are not available, any such substitute for Full-Time Parking Spaces shall be located within a one hundred (100) foot radius and any substitute for Part-Time Parking Spaces within a two hundred (200) foot radius of the entrance to the Sun Building, such fight of Tenant being superior under such circumstances to the rights of any other tenants of the Parking Garage Parcel. D. For purposes of this Lease, 'Hazardous Materials" shall mean any materiak substance or waste that is or has the characteristic of being hazardous, toxic, ignitable, reactive or corrosive, including, without limitation, petroleum or petroleum products, PCB's asbestos, materials known to cause cancer or reproductive problems and those materials, substances and/or wastes including infectious waste, medical waste and potentially infectious biomedical waste, which are or later become regulated by any local governmental authority, the State of Florida or the United States Government, including, but not limited to, substances defined as '~a~rdous substances," "hazardous materials," "toxic substances" or "hazardous wastes" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; all corresponding and related State of Florida and local Statutes, ordinances and regulations, including without limitation any dealing with underground storage tanks; and in any other environmental law, regulation or ordinance now existing or hereinafter enacted (collectively, *'Environmental Laws'*). E. If at any time during the term of this Lease any contamination of the Parking Spaces or any other portion of the Parking Garage Parcel by Hazardous Materials shall occur where such contamination is caused by the act or omission of Tenant or Tenant's Representatives ("Tenant Contamination") then Tenant at its sole cost and expense, shall promptly and diligently remove such Hazardous Materials from the parking Spaces or any other portion of the Parking Garage Parcel or the groundwater underlying the Parking Spaces, or any other portion of the Parking Garage Parcel to the extent reasonably possible in accordance with the requirements of the applicable Hazardous Materials Laws and industry standards then prevailing in the Hazardous Materials management and remediation industry in Florida. However, Tenant shall not take any required remedial action in response to any Tenant's Contamination in or about the Parking Spaces or any other portion of the Parking Garage Parcel or enter into any settlement agreement, consent, decree or other comproml.se in respect to any claims relating to any Tenant's Contamination without first notifying Landlord of Tenant's intention to do so and affording landlord the opportunity to appear, intervene or otherwise appropriately assert and protect their interests with respect thereto. In addition to all other rights and remedies of the Landlord hereunder, if Tenant does not promptly and diligently take all steps to prepare and obtain all necessary approvals of a remediation plan for any Tenant's Contamination and thereafter commence the required remediation of any Hazardous Materials released or discharged in connection with Tenant's Contamination within sixty (60) days after Landlord reasonably approved Tenant's remediation plan and all necessary approvals and consents have been obtained and thereafter continue to prosecute said remediafion to completion in accordance with the approved remediation plan, then landlord, at its sole discretion, shall have the right, but not the obligation, to cause said remediation to be accomplished, and Tenant shall reimburse, within -~- PLAI~ 11S202vll (2~3W2111.DOC) thirty (30) business days of demand for reimbursement, all amounts reasonably paid by Landlord when said demand is accompanied by proof of payment of the amounts demanded. Tenant shall promptly deliver to Landlord copies of hazardous waste manifests reflecting the legal and proper disposal of all Hazardous Materials removed from the Parking Spaces or any other portion of the Parking Garage Parcel as part of Tenant's remediation of any Tenant's Contamination. The inability of Tenant to use any Parking Space which has been rendered unusable or untenantable by virtue of contamination arising pursuant to this Subsection E, shall not avail Tenant any substitute or alternate parking spaces, or an abatement of rent as to any such affected Parking Spaces. F. Each party hereto (for purposes of this Section, 'Notifying Party") shall immediately notify the other party (the "Notice Recipient") in writing of: (i) any enforcement, clean-up, removal or other governmental or regulatory action instituted, contemplated or threatened concerning the parldng Spaces or any other portion of the Parking Garage Parcel pursuant to any Environmental Laws; (ii) any claim made or threatened by any person against the Notifying Party or the Parking Spaces or any other portion of the Parking Garage Parcelrelating to damage contribution, cost recow-ry, compensation, loss or injury resulting from or claimed to result from any Hazardous Materials on or about the Parking Spaces or any other portion of thc Parking Garage Parcel; and (iii) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in or removed from the Parking Spaces or any other portion of thc Parking Garage Parcel including any complaints, notices, warnings or asserted violations in connection therewith, all upon receipt by the Notifying Party of actual knowledge of any of the foregoing matters. Notifying Party shall also supply to Notice Recipient as promptly as possible, and in any event within ten (10) business days alter Notifying Party first receives or send the same, with copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Parking Spaces or Tenant's use thereof. 7. RiRh~s Reserved to Landlord: Landlord reserves the following fights in addition to all others contained in this Lease with respect to the parking Spaces: A. Maintenance: Landlord shall maintain the Parking Spaces and the Parking Oarage Parcel in accordance with governmental regulations and the safe and clean standards of like parking facilities in the City and Landlord shall be liable to Tenant or Tenant's Representatives for any failures to make repairs in a commercially timely manner. However, Landlord shall not be responsible for any maintenance of the Parking Spaces which shall be in excess of standard office building type maintenance such as, but not limited to, maintenance incurred by or through Tenant's valet services or its restaurant customers and any such non- standard maintenance shall be performed by Tenant immediately upon notice to Tenant. Should Tenant fail to immediately provide the additional maintenance obligations as described in the preceding sentence, Landlord may, but shall not be obligated to, perform such additional maintenance at Tenant's cost which shall be paid by Tenant within fifteen (15) days of invoice; failing which payment Tenant shall be subject to the late fees provisions and default provisions of this Lease. 8. InSUl~nce. C~susl~y and Condemnation: A. Tenant's Insurance: During the Term of this Lease, Tenant shall keep in force at its expense, subject to Landlord's approval, Commercial General Liability insurance and indemnity coverage against on an occurrence basis with minimum limits of liability in the aggregate annual amount of One Million Dollars ($1,000,000.00) for bodily injury, personal injury or death, One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars =(~- I:LADOCS 115202vll (2OW211LDOC) ($2,000,000.00) or the highest insurable value, whichever is less, for all ~mage to property, including "all risk" casualty insurance including but not limited to extended coverage, vandalism, theft, malicious mischief, windstorm, flood and fire. Landlord and Tenant's mortgagee, their respective successors an~/or assigns, shall be named as additional insureds and loss payees in accordance with their respective interests on all such insurance, and such insurance shall provide that same may not be canceled without at least thirty (30) days written notice to Landlord. Tenant shall provide certificates of such insurance within five (5) days after the date of this Lease, and shall from time to time at the request of Landlord provide evidence that such insurance is in force. Tenant shall be required to obtain Worketas Compensation Insurance as required by Florida Statute. All policies shall be subject to the reasonable approval of Landlord (and its mortgagees) and shall contain waivers of subrogation against the Landlord, its agents or employees. The failure of Tenant to maintain the herein mandatory insurance in place at all times during this Lease shall constitute a default by Tenant. B. Landlord's Insurance: Tenant shall have no rights in any policy or policies maintained by Landlord, if any, and shall not be entitled to be a named insured thereunder, C. Destruction or Damage: If the Parking Spaces shall be damaged or destroyed by fire or other casualty, except as otherwise provided herein, Landlord shall use commercially reasonable efforts within a commercially reasonably time to repair and restore the same to substantially the same condition thereof existing immediately prior to such damage or destruction, exclusive of any Tenant improvements, but in no event shall Tenant be provided upon restoration with less than the number and type of Parking Spaces (including restrictions as to handicapped parking spaces allocated to the Parking Spaces described herein) provided to Tenant on the Commencement Date. If Landlord receives insurance proceeds to rebuild and Landlord elects to rebuild the Parking Garage Pared, Landlord shall have eighteen (18) months to rebuild the Parking Garage Parcel (but if less than near total destruction, then a commercially reasonable time to substantially repair and restore the Parking Spaces). In the event Landlord elects not to rebuild the Project for any reason, Landlord shall provide to Tenant permanent replacement parking spaces in equal numbers as to full time and part time parking spaces (including restrictions as to handieappod parking spaces allocated to the Parking Spaces described herein) to the Parking Spaces located in the Parking Garage Parcel. tn all events, during any period of restoration Landlord shall have the obligation to provide to Tenant immediately following the event of any destruction or damage (except, however, in the ease of force majeure not limited only to the Parking Garage Parcel) and during any period, parking spaces within a radius of one hundred (100) feet as to any Full-Time Parking Spaces and with a radius of two hundred (200) feet for any Part-Time Parking Spaces of the entrance of the Parking Garage Pared to replace the damaged or destroyed Parking Spaces. Nothing contained herein shall limit the ability of Landlord to make emergency repairs to the Project in an expeditious manner, and Tenant shall have no claim against Landlord if such emergency repairs cause the loss of use of any Parking Spaces providing Landlord expeditiously causes such emergency repairs to be completed. D. Rent Abatement: If by reason of fire or other casualty any of the parking Spaces are rendered wholly unusable, the Tenant Payments (and any Tenant's Share of Operating Expenses) shall be fully abated from and after such casualty, or if only partially damaged, shall be abated proportionately as to that portion of the Parking Spaces rendered unusable until usc of the Parking Spaces have been restored. In the event only a portion of the Parking Spaces are rendered unusable, Landlord shall immediately upon the Parking Spaces being rendered unusable: (i) allow Tenant to utilize as many of the undamaged leased Parking Spaces as feasible during the course of reconstruction, and (ii) temporarily assign to Tenant the use of other useable parking '7- FLADOCS llS202vll (2GW2111.DOC) spaces within the Parking Garage Parcel, or if none, within the Project or if none, any such substitute for Full-Time Parking Spaces shall be located within a one hundred (100) foot radius and any substitute for Part-Time Parking Spaces within a two hundred (200) foot radius of the entrance of the Parking Garage Parcel during the course of reconstruction to substitute for the Parking Spaces rendered unusable, it being the intent of Landlord and Tenant that if any parking Spaces are rendered unusable by fire or other casualty, such Parking Spaces shall be substituted for any other useable parking spaces within the Parking Garage Parcel, or if none,, within the Project or if none, any such substitute for Full-Time Parking Spaces shall be located within a one hundred (100 ) foot radius and any substitute for Pan-Time Parking Spaces within a two hundred (200) foot radius of the entrance of the Sun Building, such fight of Tenant being superior under such circumstances to the fights of any other users of the Parking Garage Parcel If such damage or other casualty shall be caused by thc gross negligence or willful misconduct of Tenant or Tenant's Representatives, there shall be no substitution of Parking Spaces or abatement of Tenant Payments. E. Requirements of Landlord's and Mortaaeee: Tenant recognizes that Landlord shall have the right to mortgage, ground lease or transfer by deed of trust, Landlord's fee simple interest in the Parking Garage Parcel (which lien may also encumber additional real property owned or leased by Landlord) with any institutional or non-institutional mortgagee or any third party at any time or times during the Term of this Lease without prior notice to Tenant and without obtaining the prior consent of Tenant. Landlord shall forward to Tenant a duplicate original of the mortgage, together with a written notice setting forth the name and address of the mortgagee. Until the time that any mortgage shall be satisfied of record, the following provisions shall apply: a. In case landlord shall default under any of the provisions of this Lease, the mortgagee shall have the right to cure such defauR. Tenant shall accept such performance on the part of the mortgagee as though the same had been done or performed by Landlord. b. Within ten (10) days after written request by Landlord or by Landlord's mortgagee, Tenant agrees to deliver in recordable form a certificate to any mortgagee of Landlord or to Landlord, certifying (if such be the case): (i) the amount of nmtal and additional rental due under this Lease, if any, and the date to which rentals have been paid; (ii) that this Lease is in full force and effect; (iii) that Tenant has no knowledge of any default under this Lease or if any default exists, specifying the nature of the default; and (iv) that there are no defenses or offsets which may be asserted by Tenant against Landlord in respect of obligations pursuant to this Lease. F. Condemnation: (1) Torsi: If the whole of the parking Spaces (or such part thereof as will render the remainder untenantable in connection with Tenant's use of the Parking Spaces) shall be acquired or taken by eminent domain for any public or quasi-public use, then Landlord shall provide permanent replacement parking spaces within the Project or, if unavailable, any such substitute for Full-Time Parking Spaces shall be located within a one hundred (100) foot radius and any substitute for Pan-Time Parking Spaces within a two hundred (200) foot radius of the entrance of the Parking Garage Parcel similar in number and days and hours of full-time and part- time exclusive use (including restrictions as to number of handicapped parking spaces allocated to the Parking Spaces described herein). If Tenant notices Landlord of Tenant's commercially reasonable objections to the location thereof that Landlord cannot or will not address to Tenant's reasonable satisfaction within forty five (45) days of Tenant's notice, Tenant may cancel thi.q -8- FLADOCS 11520~vll {2OW211I.DOC) Lease within sixty (50) days of receipt of Landlord's written notification to Tenant of the location of such Parking Spaces. In the event Tenant elects to cancel the Lease, Tenant may make a direct claim for compensation against the condemning authority for its loss, subject to the limitations on and restrictions against any such claimed entitlements contained in Subsection F. hereof, but shall not participate in any claim of Landlord agslna the condemning authority. (2) Partial: If less than all of the Parking Spaces shall he so taken, Landlord shall perform and Tenant shall have such rights as set forth in Paragraph 8.F(1) above as to the Parking Spaces is finally divested pursuant to such condemnation proceeding. (3) Tenant Payments Upon Termination: If this Lease is terminated as provided in this Paragraph, all Tenant Payments shall be paid by Tenant up to the date that possession is to be taken by public authority and Landlord shall make an equitable refund of any Tenant Payments paid by Tenant in advance not yet earned. G. Award: All damages or compensation awarded or paid for any such taking shall belong to and be the property of Landlord without any participation by Tenant, whether such damages or compensation shah be awarded or paid for diminution in value of the fee or any interest of Landlord in the Parking Spaces, or in the leasehold estate created hereby and Tenant hereby expressly waives and relinquishes ah claims to such award or compensation or any part thereof and of the right to participate in any such condemnation or eminent domain proceedings against the owners of any interest in the parking Spaces, provided however, that nothing herein contained shall be construed to preclude Tenant from prosecuting any claim directly against the condemning or talcing authority, but not against Landlord, for damages as may be recoverable by Tenant in Tenant's own right. Notwithstanding the foregoing and in the event of a total taking as provided in Paragraph 8.F.(1) hereof and the Tenant does not elect to cancel this Lease, Tenant shall not be restricted from prosecuting its own claim directly against the condemning or talcing authority and Tenant shall participate in the award and compensation obtained by Landlord under Landlord's action against the condemning or taking authority on a proportional and equitable basis but the application of Landlord's award (less Tenant's share thereof) shall be subject to the provisions of any mortgage obtained by Landlord. Each party agrees to execute and deliver to the other all instruments that may be required to effectuate the provisions of this Paragraph. 9. Construction Liens: Pursuant to Section 713.10, Florida Statutes, Tenant shall not permit any mechanic's or materi_alman's lien to be foreclosed against the Parking Spaces by reason of work, labor, services or materials performed by or furnished to Tenant or anyone holding any part of the Parking Spaces under Tenant. Such prohibition shall be properly set forth in the "Memorandum of Lease" (as hereinafter defined), recorded in connection with the terms hereof. If any such lien shall at any time be filed, Tenant may contest the same in good faith but Tenant shall, within thirty (30) days, after notice of the filing thereof, cause such lien to be released of record by payment, bond, order of a court of competent jurisdiction or otherwise. Nothing contained in this Lease shall be construed as a consent on the part of Landlord to subject Landlord's estate in the Parking Spaces to any lien or liability under the lien laws of the State of Florida. With respect to any construction work undertaken by Tenant, Tenant shall furnish Landlord with lien waivers from each contractor or material supplier following Tenant's completion of such construction. 10. Default: A. Events of Default: part of the Tenant: The following shall constitute an "Event of Default" on the -9- FLADOCS I15202vll (2GW2111.DOC) (1) The failure of Tenant to pay and deliver to Landlord any Tenant Payments aRer same is due and within ten (10) days aRer written demand by Landlord or the failure of Tenant to pay and deliver to Landlord any other monies due under this Lease within tell (10) days aiter written demand by Landlord (unless this Lease should specifically provide a longer grace period for such type of payment). (2) The failure of Tenant to comply with any non-monetary provision of this Lease as soon as reasonably practical and in any event no later than thirty (30) days after written demand by Landlord, except that if any non-monetary failure is not capable of being cured within such thirty (30) day period, Tenant shall be given a reasonable time to cure such failure so long as Tenant has timely commenced and th~er diligently pursues to completely cure such failure as soon as possible. (3) If any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy act shall be filed by or against Tenant or any voluntary or involuntary proceeding in any court shall be instituted to declare Tenant insolvent or unable to pay Tenant's debts, and in the ease of an involuntary petition or proceeding if same is not dismissed within ninety (90) days from the date it is filed, or if Tenant makes an assignment for the benefit of its creditors or if a receiver is appointed for any property of Tenant, or if Tenant's leasehold interest is levied upon under execution or is attached by process of law. Should Tenant, at any time during the term of this Lease, suffer or permit an involuntary or voluntary petition in bankruptcy to be filed against it, or institute a composition or an arrangement proceeding under Chapters 7, 11 or 13 of the Bankruptcy Code or as they may be amended from time to time, Tenant agrees to provide adequate protection and adequate assurance of future performance to Landlord which will including, but not be limited to, the following: (a) All monetary and non-monetary defaults existing prior to the institution of the filing of the bankruptcy petition shall be cured within sixty (60) days of written demand made upon Tenant by Landlord, which will include all costs and attorneys' fees expended to the date of the curing of thc default; (b) The failure to perform all of the obligations of Tenant in accordance with the terms of this Lease. If at any time during the pendency of the bankruptcy proceeding Tenant or its successor in interest fails to perform any of the monetary or non-monetary obligations required under the terms of this Lease, or fails to cure any pre-filing default, or make the additional security deposit required under the adequate protection and adequate assurance of future performance clause above, Tenant stipulates and agrees to waive its fights to notice and hearing and to allow Landlord total relief from the automatic stay under 11 U.S.C. 362 to enforce its rights under this Lease and under State law, including, but not limited to, issuance and enforcement of a judgment of eviction, writ of assistance and writ of possession. B. Landlord's Remedies Upoa an Event of Default: Upon an uncured Event of Default, as set forth above, Landlord at its option, shall have the immediate right to enter and remove all vehicles from the Parking Spaces and such vehicles may be removed and stored in a warehouse or elsewhere at the cost of, and for the account of Tenant pursuant to legal proceedings and without breaching the peace, and without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Should Landlord elect to re-enter as herein provided, or should Landlord take possession of the Parking Spaces pursuant to legal proceedings, Landlord may either terminate this Lease or may, from time to time without FLADOCS ll$~vll (2OW211I.DOC) terminating this Lease, make such alterations, improvements and repairs to the Parking Spaces as may be necessary in order to relet the Parking Spaces, and may relet the Parking Spaces or any pan thereof for such term or terms (which may be for a term extending beyond the Term) and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, and upon each such reietting all monies received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than Tenant Payments due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such relating, including brokerage fees and reasonable attorneys' fees and costs of such alterations, improvements and repairs, third, to the payment of any Tenant Payments due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied towards the payment of future Tenant Payments due hereunder as the same may become due and payable hereunder. In no event shall Tenant have any right to any monies received by the Landlord from any reletting other than to have such monies applied toward the indebtedness of Tenant to Landlord as aforesaid, and to the extent such monies exceed any indebtedness of Tenant, same shall be the sole property of Landlord. If such rentals and other monies received from such reletting during any month is less than the Tenant Payments to be paid during that month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such retry or talcing of possession of the parking Spaces by Landlord shah be construed as an election on its pan to terminate this Lease unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any such reletting without t¢;mination, Landlord may at any time thereafter elect to t=iiiiinate this Lease for such previous uncured Event of Default by written notice to Tenant. Should Landlord at any time terminate this Lease for any uncured Event of Default, in addition to the right to collect all arrearages in Tenant Payments, together with any late charges and interest at the Default Rate thereon as provided herein, Landlord may recover from Tenant (in addition to any other remedies it may have) all damages incurred by reason of such breach, including the cost of recovering and reletting the Parking Spaces as referred to above, reasonable attorneys' fees and including the worth at the time of such termination of the excess, if any, of the amount of all Tenant Payments reserved in this Lease for the remainder of the Term, over the then reasonable rental value of the Parking Spaces for the remainder of the Term, all of which amount shall be immediately due and payable from Tenant to Landlord to re-enter the Parking Spaces upon an uncured Event of Default by Tenant but Landlord may, at its option, do nothing with respect to the Parking Spaces and hold Tenant responsible for ali Tenant Payments due Landlord as and when same accrue from time to time thereafter. In addition to the foregoing, if Tenant's possession of the Parking Spaces is terminated due to a monetary uncured Event of Default of Tenant, after the giving of any required notice and the expiration of any grace period, then Landlord will have the right to accelerate all of the Tenant Payment installments remaining due throughout the Term upon written notice to Tenant, whereupon same shall become due and payable immediately. Landlord's remedies hereunder are cumulative and furthermore, Landlord may, at its option, not pursue any of the remedies aforementioned and may avail itself of any other remedies available to Landlord as provided by law. C. Landlord's Self-Help: In the event Tenant fails to perform any of its obligations under this Lease in a commercially reasonable manner, or in the event Tenant fails to pay for anything which, under the terms of this Lease, Tenant is required to pay for, Landlord shall have the right, but not the obligation, upon giving Tenant at least thirty (30) days prior written notice of its election to do so with a right to cure therein (in the event of any emergency or other threat to safety no prior notice shall be required) to perform or cause to be performed such obligations on behalf of and for the account of Tenant if Tenant has failed to do so, or to pay for Tenant's obligations if Tenant has failed to do so. In such event, Landlord's costs and expenses incurred in connection with performing or paying for any obligation of Tenant shall be paid by Tenant as an -11 - FI,A~S 115202vll (2GW21H.DOC) additional Tenant Payment forthwith upon written demand by Landlord, with interest from the date Landlord incurs such expense at the Default Rate. The payment by Landlord of any obligation of Tenant shall not constitute a release of waiver of Tenant therefrom. D. Landlord's Default: Except as otherwise provided in this Lease, Landlord shall be in default under this Lease if Landlord fails to perform any of its obligations hereunder and said failure continues unremedied for a period of thirty (30) days after written notice from Tenant to Landlord (unless such failure cannot reasonably be cured within thirty (30) days and in that event Landlord shall commence to cure said failure within the thirty (30) day period and thereafter diligently continue to cure the failure). Tenant shall have the fight to set-off against any Tenant Payment any damages which Tenant may have sustained by reason of Landlord's failure to perform any of the terms, covenants or conditions contained in this Lease on its part to be performed. If Landlord is in default under this Lease, after the giving of any required notice and the expiration of any applicable grace period, Tenant's right, recourse and remedy shall be at law or in equity and may seek specific performance against Landlord, but Tenant shall not have the right to terminate this Lease or to vacate the Parking Spaces unless as a result of Landlord's default Tenant's use of the Parking Spaces is substantially and adversely affected in a commercially unreasonable manner. 11. Landlord's Lien For Rent: Tenant pledges and assigns unto Landlord all the improvements, furnishings, fixtures, equipment, and other personal property of Tenant which may be brought or put on the Parking Spaces, as security for the payment of all Tenant Payments due Landlord herein, and agrees that Landlord's lien for such payment may be enforced by distress, foreclosure or otherwise at the option of Landlord, and the Tenant agrees that such lien is granted to and vested in said Landlord. In addition, Landlord is entitled to all remedies provided under Florida Statute §83.08, and all other applicable statutes. Nothing contained herein shall be construed as granting Tenant the right to place any personal property on the Parking Spaces or any other portion of the Parking Garage Parcel unless incidental to the operation of the Parking Spaces. 12. No Waiver: The failure of Landlord to insist upon the strict performance of any provisions of this Lease, or the failure of Landlord to exercise any right, option or remedy hereby reserved shall not be construed as a waiver for the future of any such prevision, right, option or remedy or as a waiver of a subsequent breach thereof. The consent or approval by Landlord of any act by Tenant requiring Landlord's consent or approval shall not be construed to waive or render ~mnecessary the requirement for Landlord's consent or approval of any subsequent similar act by Tenant. The receipt by Landlord of any Tenant Payment with knowledge of a breach of any provision of this Lease shall not be deemed a waiver of such breach. No provision of this Lease shall be deemed to have been waived unless such waiver shall be in writing signed by Landlord. No payment by Tenant or reserved by Landlord of a lesser amount than the Tenant Payments hereby reserved shall be deemed to be other than on account of the earliest Tenant Payment then unpaid, nor shall any endorsement or statement on any check or any letter accompanying any check or payment by Tenant be deemed an accord and satisfaction, and Landlord may accept any such check or payment without prejudice to Landlord's right to recover the balance of such Tenant Payment due or Landlord may pursue any other remedy provided in this Lease. No waiver by Landlord in favor of any other tenant or occupant of the Parking Garage Parcel shall constitute a waiver in favor of the Tenant herein. 13. Surrender of Premises: Upon the expiration of the Term or sooner termination of this Lease, Tenant agrees to quit and surrender the Parldng Spaces, broom clean, in good condition and repair, reasonable wear and tear and casualty excepted, together with all keys and - 12- FLADOCS 115202vll (2GW2111.DOC) combinations to locks, safes and vaults and all improvements, alteration, additions, fixtures and equipment at any time made or installed in, upon or to the interior or exterior of the Pm'icing Spaces with Landlord's permission, all of which shall thereupon become the property of Landlord without any claim by Tenant therefor. Before surrendering the Parking Spaces, Tenant (if not in defanlt) shall remove all of Tenant's personal property and tmattached movable trade fixtures, and Tenant shall repair any damage caused thereby. If Tenant fails to remove any of Tenant's property and trade fixtures, said property shall, at the option of Landlord, either be deemed abandoned and become the exclusive property of Landlord, or Landlord shall have the fight to remove said property, at the expense of Tenant, without further notice to or demand upon Tenant, and hold Tenant responsible for any and all charges and expenses incurred by Landlord. If the Parking Spaces are not so surrendered, Tenant shall indemnify Landlord against all loss or liability resulting from the delay by Tenant in so surrendering the same, including, without limitation, any claims made by any succeeding occupant founded on such delay. Tenant's obligations under this Paragraph shall survive the expiration or sooner termination of the Term. 14. Holding, Over: Should Tenant remain in possession of the Paricing Spaces after the expiration of the Term or earlier termination of this Lease, with or without the cons~t of Landlord, express or implied, such holding over shall, in the absence of a written agreement to the contrary, be deemed to have created and be construed to be a tenancy from month-to-month terminable on fifteen (1 $) days written notice by either party to the other, at the rate of Tenant Payments in effect during the Lease Year immediately preceding thc expiration of the Term, and otherwise subject to all of thc other terms, covenants and conditions of this Lease insofar as the same may be applicable to a month-to-month tenancy, without prejudice to any remedy which Landlord may have against Tenant for holding over unlawfully. 1 ~. Sublettin~ and Assi_onment: A. Sublettinz: Tenant shall have the right to sublet all or a portion of the parifin~ Spaces herein leased to Tenant, provided, however, that each subtenant shall agree in a writing for the benefit of Landlord to be bound by the t~i~s of this Lease and further provided, that any such subtenant's proposed use of the Parking Garage Parcel or Parking Spaces shall not be contrary to applicable ordinance or constitute a prohibited use under applicable law, code, or ordinance. A sublet of any or all of the Paricing Spaces shall not constitute a release by Tenant of any of Tenant's obligations under this Lease and Landlord shall not be deemed to be in privity with the subtenant by virtue of said sublease. Tenant shall provide Landlord with a writing, identifying each subtenant, its address, telephone number and contact person together with an identification of the Pariclng Space number(s) being sublet and identifying whether the sublet is on a full-time or part-time basis, as applicable. The ability of Tenant to sublease any or all of Tenant's Paricing Spaces herein leased, does not constitute an opinion or representation by Landlord that a sublease of any or all of the Paricing Spaces leased to Tenant will not constitute a violation of Tenant of applicable City ordinances pertaining to the rninimttm number of Paricing Spaces required available to Tenants of the Sun Atlantic Building. B. Assignment: Upon a sale of the Sun Building, Tenant shall have the right to assign the paricing Spaces together with the vehicular and pedestrian ingress and egress appurtenant thereto in accordance with the provisions herein. Any such assignee shall be bound to comply with all terms of this Lease, including the Rules and Regulations. Each assignee shall, as pre-requisite to the assiLynment, execute a joinder in this Lease agreeing to be bound to and comply with the terms of this Lease, including the Rules and Regulations. Provided Tenant is not in default under this Lease at the time of the assi~ment or, alternatively, the assignment - 13 - I:I.ADOCS 115202vll (2OW'211LDOC) constitutes a cure of any pending default, Tenant shall be released from any obligations under this Lease as of the date of the assignee's joinder in this Lease. C. No Waiver: The provisions of Sections 15.A and 15.B above are neither intended as nor to be construed as waiving or mitigating any minimum parking space requirements under the City's Code of Ordinances for parking spaces serving the Sun Building. 16. Subordination and Attornment: A. Subordination: This Lease is subordinate to all existing covenants, declarations of covenants, restrictions, easements and encumbrances existing as of the date of this Lease affecting the Parking Garage Parcel and the pedestrian and vehicular ingress and egress appurtenant same, more particularly set forth on Exhibit E hereto, and such future covenants, declarations of covenants, restrictions, liens, easements and encumbrances affecting the fee title to the Parking Spaces, which, if not adopted to give effect to a fight of Landlord specifically reserved in this Lease, shall not cause Tenant's use of the Parking Spaces to be substantially and adversely affected in a commercially unreasonable manner. Additionally, this Lease shall be subject to and subordinate to the lien of any mortgages or any other method of financing or refinancing in any amounts, now and hereafter in force, and all advances thereon, which may be placed against or affect all or a portion of the Parking Spaces, and to any modifications, consolidations, participations, replacements and extensions thereof. This clause shall be self- operative, and ~o f,~,~,he-r ir~-,i~c.i~t of .~-.;',,c,~,llnation shall be necessary to effectuate such subordination; however, such subordination shall be subject to the execution by Tenant, Landlord and such lender of a subordination, non-disturbance and attornment Agreement ("SNDA") in a form currently used by national institutional lenders. Should Landlord or mortgagee desire confu'mation of such subordination, then Tenant, within ten (10) days following Landlord's written request therefor, agrees to execute and deliver, without charge, any and all documents, including, but not limited to, the SNDA. In the event Tenant does not timely execute and delivery said SNDA to Landlord, Tenant hereby irrevocably constitutes and appoints Landlord as the attorney-in-fact for Tenant to execute said SNDA for and on behalf of Tenant. B. Attornment: Tenant acknowledges advice by Landlord that the Parking Garage Parcel is to be conveyed by Landlord to the City and this Lease, assigned to and assumed by the City upon the issuance of a Certificate of Completion for the Parking Garage Parcel. Notwithstanding any other provision of this Lease, all rights of Landlord, including property rights and the rights in this Lease are freely saleable, transferable and conveyable to the City and thereafter by the City. Tenant agrees that in the event of a sale, transfer and/or assi~ment of Landlord's interest in the Parking Garage Parcel, Parking Garage Parcel and/or this Lease, as the case may be, or in the event any proceedings are brought for the foreclosure of or for the exercise of any power of sale under any mortgage made by Landlord encumbering the Parking Spaces or any other portion of the Parking Garage Parcel, as the case may be, to attorn to and to recognize the City or such other transferee, purchaser or mortgagee as landlord under this Lease provided such party agrees to and acknowledges this Lease in writing and to pwvide a non-disturbance covenant to the Tenant. FLADOC$ !!5202vll (2(iW211I.DOCl - 14- 17. Quiet Enlo_vment: Tenant, upon paying the rents herein reserved and performing and observing all of the other tet-~as, covenants and conditions of this Lease on Tenant's part to be performed and observed, shall peaceably and quietly have, hold and enjoy the Parking Spaces during the Term, subject, nevertheless, to the terms of_this Lease, and to any mortgages, agreements and encumbrances to which this Lease is or may be subordinated. 18. Indemnity: Except for claims caused by the gross negligence or willful mi.~onduct of Landlord or Landlord's Representatives, Tenant shall indemnify, defend and hold harmless Landlord and landlord's Representatives from and against any and all claims, demands, causes of action, judgments, costs and expenses and all losses and damages (including consequential and punitive damages) arising from Tenant's use of the Parking Spaces or from the conduct of its business or from any activity, work, or other acts or things done by Landlord or Landlord's Representatives, p~-siiitted or suffered by Tenant in or about the Parking Spaces or any other portion of the Parking Garage Parcel, as the case may be, and shall further indemnify, defend and hold harmless Landlord and Landlord's Representatives from and against any and all claims arising from any Event of Default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act, omission or gross negligence or willful or criminal misconduct of Tenant, or any officer, agent, employee, independent contractor, guest, or invitee thereof, and from all costs, reasonable attorneys' fees and disbursements, and liabilities incurred in the defense of any such claim or any action or proceeding which may be brought against, out of or in any way related to this Lease. If any legal proceedings are brought against Landlord by reason of any of the foregoing, Tenant will, at its expense and upon written demand by Landlord, defend such proceedings by counsel approved by Landlord, except that if such proceedings are commenced by Tenant, Tenant shall pay Landlord's reasonable attorney's fees if Landlord is the prevailing party in such proceedings. The provisions of this Section shall survive the expiration or sooner termination of this Lease. 19. Parking Space Location, Specifications and Valet Parkin2: A. Parkin~ Space Location: Landlord shall provide the Parking Spaces on the first parking level (closest to ground level) of the Parking Project, subject to governmental requirements regarding the use of handicapped spaces or other requirements imposed by governmental authorities upon the Project which may require such Parking Spaces to be located on the second parking level or next available parking level(s) per Exhibit "A-I". In the event the Parking Spaces exceed the number of parking spaces constructed on the first parking level of the Project, after compliance with all rules, regulations and development criteria required by any governmental agency, including the number of spaces required in accordance with thc American Disabilities Act, the additional Parking Spaces shall be located on the next available parking level(s) of the Project until all the Parking Spaces to which Tenant is entitled are provided, the foregoing provision superceding any conlrary provision in this Paragraph 19. The actual location of the parking Spaces upon a level may be relocated within such level from time to time by Landlord provided Tenant shall agree in advance, in writing, at Tenant's sole discretion, as circumstances warrant, provided that wherever located, the Parking Spaces shall be identified by signage reflecting thc days and time that the Part-Time Spaces are reserved to the exclusive usc of Tenant and advising that the Full-Time Parking Spaces are exclusively reserved by Tenant on a 24-hour per day seven-day per week basis. Landlord reserves thc right to charge other users of the Parking Garage Parcel parking fees by a "gated" control system or multiple gate control system or such other manner not unreasonably interfering with thc use of (and access to and from) the Parking Spaces by Tenant and Tenant's Representatives. Such right of Landlord also includes any alterations, changes, demolition and rebuilding in any combination from time to time during the Term of this Lease as desired by Landlord. -15- FLADOCS 11520~vll (~GW2111.DOC) B. Valet Parking: Subject to applicable governmental requirements and Tenant's receipt of approval for same, from all governmental authorities having jurisdiction, Tenant may use, at its option, the Full-Time Parking Spaces at any time, and, during those specified days and times the Part-Time Parking Spaces are for the exclusive use of Tenant, for valet parking purposes so as to "stack" the parking of cars to accommodate more than the maximum of one hundred (100) cars in the Parking Spaces on a one car per space ratio. However, no such "stacking" use of the Parking Spaces by Tenant shall constitute an obstruction or hindrance of access to the other parking spaces in the Parking Garage Parcel or with the free flow traffic within the Parking Garage Parcel. The cost of providing such valet parking shall be at the sole expense of Tenant. Tenant will use its best effort to ensure at all times that Tenant's Representatives use only those parking spaces designated for Tenant's use as the Parking Spaces by signage paid for by Tenant and approved by Landlord. Landlord shall not be responsible for monitoring the use of the Parking Spaces designated for Tenant's use, it being the responsibility of Tenant at Tenant's expense to monitor the usc of the Parking Spaces and to ensure that at all times Tenant's Representatives utilize only the Parking Spaces designated for Tenant's use. Landlord may provide Tenant with written notice of any parking violations. Landlord reserves the right to cause improperly parked vehicles to be towed at the expense of the owner of the vehicle providing that proper notices are posted by Landlord and the towing companies comply with the requirements of all applicable governmental authorities. Valet service procedures shall be subject to such reasonable rule, regulations, indemnifications and insurance requirements as is reasonably customary in similar situations. C. Modifications to Parking Spaces: Landlord shall have the right from time to time, without obligation to do so, except as required by law, to change or modify and add to or subtract from the sizes, locations, shapes and arrangements of parking areas, entrances, exits, and parking aisle alignments within the Project; establish appropriate provisions for ticket validating, adopt a "gated" control system or a multiple gate control system or other parking control system, restrict and regulate vehicular and/or pedestrian entrances and exits, add or subtract from the number of parking spaces contained within the Parking Garage Parcel, provided, however, that the number of Parking Spaces subject to this Lease are not decreased; in number or the exclusive utilization as to days and hours reserved to Tenant and do and perform such other acts~in and to the Parking Garage Parcel as Landlord in its sole discretion, reasonably applied, deems advisable provided that Landlord shall keep any modifications to pedestrian ingress and egress to a commercially reasonable minimum so as not to materially increase the distance to be traveled on foot from the pedestrian entrances and exits of the parking Garage Parcel to the Sun Building. Landlord shall have the right to designate which individual parking spaces on the applicable parking level it desires Tenant to use as the Parking Spaces, provided the foregoing requirements for parking levels are met. D. Maintenance by Landlord: Landlord shall be responsible for the manner of maintenance of the Parking Garage Parcel and parking Garage Parcel. Landlord shall use commercially reasonable efforts to keep fees or costs paid to third parties comprising Operating Expenses at a commercially reasonable level. Landlord shall be the sole det~dnant of the type and amount of security services to be provided, if any. Landlord shall have the right to interrupt or disturb said parking areas, entrances and exits, access drives and sidewalk.~ serving the Parking Garage Parcel, including, but not limited to, the Parking Spaces as shall be reasonably necessary to effect maintenance, repairs, or reconstruction thereof (if possible limiting work to weekdays); and, when applicable, to avoid, mitigate or address any emergency and to avoid loss or injury to persons or property, provided, however, Landlord shall provide Tenant with reasonable prior written notice of such interruption or disturbance (except in the case of emergency maintenance - 16- FLADOCS !1,~202vll (2GW2111.DOC) or repairs), and Landlord shall exercise reasonable efforts to minimi?~inten'uption or disturbance of the use and occupancy of the Parking Spaces by Tenant during such interruption. E. Specifications of Parking Spaces: Landlord shall provide (a) sixty (60) "Full- Time" Parking Spaces of the one hundred (100) Parking Spaces for Tenant's use twenty four (24) hours per day by seven (7) days per week three hundred sixty five (365) days per year and (b) forty (40) "Part-Time" Parking Spaces of the one hundred (100) Parking spaces for Tenant's use Monday through Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 noon, excluding holidays. Notwithstanding the foregoing, however, the maximum number of handicapped designated Parking Spaces to be allocated or assigned among the Parking Spaces shall be two (2) as to the Full-Time Parking Spaces and two (2) as to the Part-Time Parking Spaces. 20. Miscellaneous: A. Notices: Every notice, demand, request or other communication which may be made or is required to be given under this Lease or by law shall be either hand delivered with receipt or sent by U.S. Mail return receipt requested or by Federal Express signed for delivery to the parties at the addresses set forth in this Lease. Any party may designate, by similar written notice to the other party, any other address for such purposes. In addition to the foregoing, upon written notice by Landlord, Tenant shall send all notices sent to Landlord to the holder of any mortgage encumbering the Parking Spaces or any other portion of the Parking Garage Parcel, the Temporary Lot or the Project, as the case may be. B. Recording: Within ten (10) days following the Commencement Date, Landlord and Tenant shall record a short form Memorandum of Lease, the form of which is attached hereto as Exhibit D and made a part hereof ("Memorandum of Lease"), amongst the Public Records of p_alm Beach County, Florida. C. Entire Atreement~ ete.: This Lease, including the exhibits, riders and/or addenda, if any, attached hereto, set forth the entire agreement between the parties. All prior and contemporaneous conversations and all prior .writings between the parties hereto or their representatives are merged herein and extinguished. This Lease shall not be modified except in writing subscribed to by all parties. D. Estoppel Certificate: Tenant shall at any time and from time to time within ten (10) days after written request from Landlord execute, acknowledge and deliver to Landlord, in a form reasonably satisfactory to Landlord and/or Landlord's mortgagee, a written statement certifying, as to the truth of various facts concerning this Lease which may include, but not be limited to, the following: (i) that this Lease is in full force and effect and has not been mod/fled, altered or amended except as is expressly set forth in the written statement; (ii) that Tenant has no charge or offset under this Lease or otherwise, against any Tenant payment due or to become due hereunder and that Tenant has no claims or defenses to enforcement of this Lease; (iii) that Tenant has no notice of a prior assi~c~nment, hypothecation or pledge of any Tenant Payment due Landlord, or this Lease by Landlord; (iv) confu'mation as to the Term; (v) confirmation as to the Rent, and, if rent has not yet commenced, confirmation as to the date installments of rent are to commence, and confirmation that no Rent installment has been paid more than thirty (30) days in advance of its due date except as required by the terms of this Lease; (vi) that Landlord is not in default under the te~s of this Lease; (vii) any other certification as may reasonably be required by Landlord or Landlord's mortgagee. -17- I~I.~qXM~S 115202vll (2GW211LDOC) Attorneys' Fees snd Corn: In the event either party is required to commence legal proceedings in order to enforce its rights or protect its interests hereunder, the prevailing party in such legal proceedings shall be paid its reasonable attorneys' fees and costs, including all appellate levels, from the other party. Fo Governing Law: This Agreement shall be governed by the laws of the State of G. Relationship of Parties: Nothing contained in this Lease shall be construed to create the relationship of principal and agent, partnership, joint venture or any other relationship between the parties hereto other than the relationship of Landlord and Tenant. H. Waiver of Impossibility of Performance: Tenant expressly covenants that, unless agreed in writing by Landlord, neither Tenant's receivership, bankruptcy, nor insolvency shall operate to relieve Tenant from the obligations of the Tenant hereunder. I. Captions: All captions and all paragraphs and subparagraph numbers are inserted solely for the convenience of the parties and shall not be used or int~ to define, limit, extend or describe the scope of this Lease, nor the interpretation of any provision hereof. $. Compliance with Governmental Regulations: Tenant shall comply with all statutes, ordinances, rules, regulations and requirements of the federal, state, county or city government departments or bureaus exercising jurisdiction over the Parking Spaces. K. Intentionally omitted. L. Storsee: There shall be no storage of cars (beyond 48 hours) boats, tracks, trailers or mobile homes or any other property of any kind is permitted at any time upon any portion of the parking Spaces. M. Animals: .Animals shah be allowed on the Parking Garage Parcel during ingress and egress of the Parking Garage Parcel if accompanied by the owner under leash. N. Survival of Covenants: Notwithstanding anything to the contrary contained in this Lease, the provisions (including, without limitation, covenants, agreements, representations, warranties, obligations and liabilities described therein) of this Lease which are specifically stated to survive the expiration or earlier termination of this Lease (whether or not such provision expressly provides as such) shall survive such expiration or earlier termination of this Lease and continue to be binding upon the applicable party. O. Waiver:. The failure of either party to enforce any covenant or other provision of this Lease shall not constitute a waiver of the fight to do so thereafter, nor shall the same give rise to any cause of action or defense on the part of the Tenant. P. Modifications: No modification of this Lease will be effective to vary any of the terms or provisions thereof unless the modification is in writing and signed by both parties and approved in writing by the City Commission of the City of Delray Beach, Florida, which approval by the City Commission shall not unreasonably be withheld. A copy of any modification will be given to both parties and the City Commission of the City of Delray Beach, Florida~ -18- FLADOC~ 115202vll (2OW211LDOC) Q. Construction of Lease: Words of any gender used in this Lease in the singular number shall be held to include the plural when the sense requires. All the provisions contained herein shall bind and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. Wherever used herein, the words "Landlord" and "Tenant" shall be deemed to include the heirs, personal representatives, successors and assigns of said parties, unless the context excludes such construction. In the event at any future time, one or more of the provisions of this Lease shall be held to be void by any court of competent jurisdiction for any reason, such provision shall be deemed to be separable and the remainder of this Lease shall be valid and in full force and effect. R. No Liens: Notwithstanding anything to the conmuT herein contained, if Lessee makes any repairs or alterations whether or not with Lessor's prior consent, Lessee will not allow any lien of any kind whether for labor, material or otherwise be imposed or remaining against the Parking Garage Parcel or Premises. If any llen is filed, it shall be discharged within thirty (30) calendar days after it is imposed at Lessee's expense. Furthermore, the Landlord, upon transfer to the City of the Property, shall transfer the Property free of all liens and encumbrances other than this Lease to Lessee. 21. Time of Essence: Time is of the essence in thc performance of this Lease by each of thc parties: 22. Representations~ Warranties and Am'cements: A. No Reliance: Tenant expressly acknowledges and agrees that Landlord has not made and is not making, and Tenant, in executing and delivering this Lease, is not relying upon any warranties, representations, promises or statements, except to the extent that the same are expressly set forth in this Lease. It is understood and agreed that this Lease, alone, fully and completely expresses the parties' agreement, and that this Lease is entered into after full investigation, neither party relying upon any statement or representation not embodied in this Lease. This Lease has been fully reviewed and negotiated by each party with the benefit of legal counsel and shall not be more strictly construed against either party. B. Tenant Warranties: Tenant represents and warrants as follows: (i) that there are no actions, suits or proceedings pending to the knowledge of Tenant, threatened agoin~ or affecting Tenant, at law or in equity or before any federal, state, municipal or govermnental department, commission, board, bureau or agency or instrumentality which would impair Tenant's ability to perform its obligations under this Lease; (ii) that this Lease has been duly authorized, executed and delivered by Tenant and constitutes the legal and valid binding obligation of Tenant; (iii) the consummation of the transactions hereby contemplated in the performance of this Lease will not result in a breach or violation of or constitute a default under any lease, bank loan or credit agreement to which Tenant is a party; (iv) that Tenant shall not cause or knowingly permit any Hazardous Material to be used, stored, transported, released, handled, produced or installed in, on or from the Parking Spaces. C. Radon Gas: Thc Tenant hereby acknowledges that Radon is a natural occurring radioactive gas that, when it has accumulated in a building in sufficient quantifies, may present health risk to persons who are exposed to it over time. Levels of radium that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the County Public Health Unit. In that regard, Tenant hereby acknowledges that Landlord has made no investigation to determine whether there is radon gas or other environmental pollutants in, on or about the Parking Spaces although such -19- FLADOCS 11S202vll (2OW211LDOC) conditions may exist. Further, Landlord has made no analysis or verification of the extent of the environmental or health hazard, if any, that may affect the Parking Spaces or any other portion of the Paridng Garage Parcel, the Tenant or its invitees. Landlord makes no representation or warranty as to the presence or lack of radon or hazardous environmental condition, or as to the affect of radon or any other such condition, in, on or about the Parking Spaces or any other portion of the Parking Garage Parcel. In that regard, Landlord disclaims and Tenant waives, unless otherwise expressly provided for herein, all warranties, expressed or implied, including but not limited to the warranties of good workmanship, habitability, merchantability and fitness of purpose and including any warranties that could be construed to cover the presence of radon or other environmental pollutants. The only warranties Landlord provides to Tenant are those expressly set forth in this Lease. 23. Excuse of Performance - Force Majeure: Anything in this Lease to the contrary notwithstanding, Landlord shall not be deemed in default with respect to the performance of any of the terms, covenants and conditions of this Lease if same shall be due to any civil commotion, war-like operation, invasion, rebellion, hostilities, military or usurped power, sabotage, government regulations or controls, inability to obtain any material or service or through an act of God or any other cause reasonably beyond the control of Landlord. Landlord shall not be liable for failure to give Tenant possession in accordance with thc provisions of this Lease, due to any of the foregoing conditions. The time for Landlord's performance shall be extended as a result of any of the foregoing. Likewise, anything in this Lease to the contrary notwithstanding, Tenant shall not be deemed in default with respect to the performance of any of the tums, covenants and conditions of this Lease if same shall be due to any strike, lockout, civil commotion, war-like operation, invasion, rebellion, hostilities, military or usurped power, sabotage, government regulations or controls, or through an act of God. The time for Tenant's performance obligations (but not payment obligations) under this Lease shall be extended as a result of any of the foregoing. 24. Accord and Satisfaction: No payment by Tenant or receipt by Landlord of a lesser amount than the Tenant Payment herein stipulated shall be deemed to be other than on account of the earlier Tenant Payments, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Tenant Payment or pursue any other remedy provided in this Lease or available at law or in equity. 25. Brokers~,e: Neither Landlord nor Tenant has dealt with any real estate brokers, salesmen, finders or consultants in the finding, negotiation or execution of this Lease. Tenant hereby indemnifies Landlord for any claims, costs, damages or other detriment Landlord may suffer, including, but not limited to, reasonable brokerage commissions, reasonable attorneys' fees, paralegals' fees (together with sales tax thereon) and court costs through all arbitration, trial, appellate, administrative and post-judgment proceedings arising from any breach by Tenant of the foregoing covenant, warranty and representation. Landlord hereby indemnifies Tenant for any claims, costs, damages or other detriment Tenant may suffer, including, but not limited to, reasonable brokerage commissions, attorneys' fees, paralegals' fees (together with sales tax thereon) and court costs through all arbitration, trial, appellate, administrative and post-judgment proceedings arising from any breach by Landlord of the foregoing covenant, warranty and representation. 26. Waiver of Jury THai: LANDLORD AND TENANT HEREBY EACH KNOWINGLY, VOLUNTARILY AND IIqTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A - 20 - FLADOCS Ilb'202vll (2OW211LDOC) TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS LEASE AND ANY DOCUMENTS CONTEMPLATED TO BE EXECUTED IN CON]UNCTION HEREWITH, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEIVIENT (WHETHER VERBAL OR ~ OR ACTIONS OF EITHER PARTY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE LANDLORD TO EXECUTE THIS LEASE. TENANT HAS BEEN REPRESENT-~ BY AN ATTORNEY OR HAS HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY IN CONNECTION WITH THIS JURY WAIVER AND UNDERSTANDS THE EFFECT OF WAIVER. 27. Venue: The Landlord and the Tenant hereby agree that the sole and exclusive venue for any action arising out of, or related to, this Lease shall be Palm Beach County, Florida. The Landlord and Tenant hereby waive all objections to such actions being maintained in Palm Beach County including without limitation claims of forum non conveniens. 28. No Partnership: Nothing in this Lease creates any relationship between the parties other than that of Landlord and Tenant and nothing in this Lease constitutes the Landlord a partner of the Tenant or a joint venturer or member of a common enterprise with the Tenant. 29. Limitation of Liability: Anything to the contrary herein notwithstanding, no shareholder of Landlord or any officer thereof shall be personally liable with respect to any of the terms, covenants, conditions and provisions of this Lease, or the performance of obligations under this Lease. Tenant shall look solely to the interest of Landlord, its successors and assigns, for the satisfaction of each and every remedy of Tenant against Landlord. Such exculpation of personal liability of Landlord, its shareholders and officers, is and shall be absolute and without any exception whatsoever. Thc term "Landlord" shall mean only the owner at the time in question of the present Landlord's interest in the Landlord. In the event of a sale or transfer of the Parking Garage Parcel (by operation of law or otherwise) or in the event of the making of a lease of all or substantially all of the Parking Garage Parcel, or in the event of a sale or transfer Coy operation of law or otherwise) of the leasehold estate under any such lease, the grantor, transferor or lessor, ns the case may be, shall be and hereby is (to the extent of the interest or portion of the Parking Garage Parcel, or leasehold estate sold, transferred or leased) automatically and entirely released and discharged, from and after the date of such sale, transfer or leasing of all liability with respect of the performance of any of the terms of this Lease on the part of Landlord thereafter to be performed; provided that the purchasee, transferee or Tenant (collectively, "Transferee") shall be deemed to have assumed and agreed to perform, subject to the limitations of this Section (and without further agreement between the other parties hereto, or among such parties and the Transferee) and only during and respect of the Transferee's period of ownership of the Landlord's interest under this Lease, all of the tams of this Lease on the part of Landlord to be performed during such period of ownership, it being intended that Landlord's obligations hereunder shall, as limited by this Section, be binding on Landlord, its successors and assigns only during and in respect of their respective pedods of ownership. 30. Public Parking Facility Construction and Conveyance and Worthing Park Contribution Agreement: Tenant acknowledges the execution and delivery by Block 77 and the City of Delray Beach of that certain Public Parking Facility Construction and Conveyance and Worthing Park Contribution Agreement dated November 10, 1999 ("Construction Agreement"), incorporated herein by reference, which shall supersede the terms of this Agreement to the extend of any conflicts or ambiguities. FLADOCS 115202vll (2GW211LDOC) -21 - IN WITNESS WHEREOF, Landlord and Tenant have executed this Parking Spaces Lease this day of WITNESSES: ,2003. (As to Landlord) Block 77 Development Group, L.C. a Florida limited liability company By: WITNESSES: (As to Tenant) Sun Atlantic Properties, L.L.C. a Florida limited liability company By: Name: ~ts: FLADOCS 11520~vll (2OW2111.DOC) EXHIBIT A Legal Description of Parking Garage Parcel FLADOC5 11520~vll ('2GW211LDOC) - 23 - T-g21 P.O25~O4a o~'~ public R~rcln d ~ Beach Coup, F]mlc~ Parking Plan PLADOCS 115202vll ('~GW211LDOC) - 24 - ~N HP LRSE~ET 3~00 P'~ SITE PLAN - BLOC~ 69 CIVIL ENGINEERING -LAND PLANING Il  SCALE N.T.S. 69 19 ~00~ ~:12PH HP LRSERJET 9200 I 16' ALLEY GROUND LEVEL ' 60.Full Time Psdd~, SL~ 40 Part Time P~ Spaces - SITE PLAN -'BLOCK 69 CAULF'IELD & WHEELER, INC. CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTLRE - ,SURVEYING 7501A W. PAL.P1ETTO PARK ROAD - SUITE 100A BOCA RATON. FLORIDA 53~53 PHONE (561~-59Z-lg91 ! FAX (561)-750-1/.,52 BEACH .... FLORID,~ p.3 HO¥ ~0 ~00~ HP LRSERJET 3200 p.4 69 2,t 60 Full Time Parkin8 Spaces SITE PLAN -.BLOCK' 69 ?CAULFIELD & WHEELER, INC. CIVIL ENGINEERING - LAND PLANNING L/INDSCAPE ARCHITECTURE - SURVEYING 30lA W. PALMETTO PARK ROAD - SUITE 100A BOCA EATON, FLORIDA PHONE (561)-392-lggl/F~ (561~750-1~5Z MU qlCIPAL ~P,~R~ING 'G'~RA"(C"E '" rELRAY BEACH FLORIDA DATE ~RAI/i~I BY r,8,/_Pc,. SCALE JOe Np.. '~'~/'~8/o2 · SET N.T.S. ,3616 !SER3ET 3200 2002 2: 13PI~ Mr ~no ...... , .... ,, _ '1 II ! -- THIRD. LEaL SITE PLAN - BLOCK 69 )ECRAY BEACH · I I , Il I Illl I I I I · '1] ®!] - · -~r ..... ' _J ,' C'A,U~FI'ELfl ~, WHEELER: ii'lC';' II ' '" ?~l,.~l,~{IF'~ I~DSCAF'E mC, HITECTUI~ - ,SI..,~VEYING Il iI~RAWN SET I~',~J,~" ?30lA W. P,~U...I'dETTO P/~:~K RO,~ - SUITE IOOA JJ PHONE (561)-~9,,2~-t991 /FAX (56')-750.-I/.5Z !J ,~,-~¥..~-.,~, _"' _~',:.o,,,~,,, .~.. HP LRSER~ET 3~OO p.'7 FRAMING PLAN SITE PLAN - BLOCK 69 CAULFIELD & WHEELER, INC, CIVIL ENE;INEERIN~ - LAND. PL/tJ~NING LAND,~APE ARCHITECTURE - SURVEYING 7301A W. PALMETTO PARK ROAD - SUITE IOOA BOCA RATON, FLORIDA 35/,33 PHONE (561~.-392-1C)gl / FAX (561)-750-1/,,5Z NICIP'AE P A;RKING GARAGE.' )ELRAY 8EA _CH FLORIDA IIDRAWN BY SET EXHIBIT B Legal Description of Sun Building ~ !!$202vll ('2GWIlII.DOC) -25 - 08:$8 FROII- T-gZl P.0~4/04~ F-ZSe ofPalm ~ Coui~, FlarJd~ said EXHIBIT C Legal Description of Wot'thing Place Project FIADOCS 115202vll (2GW211t.IX)C) - 26 - Lot 10, the North GO.G feet of Lot 11, the 8outh 0.4 feet o~ Lo~ tG &nd all ~ Lot 16 d Block 77 o~T~ ~ UNTON now known as DelRay, according t~ the pla~ therecd as recorded In Plat Book 1, IOage 3 c~ the ~ Reeoms of Palm geaoh County, Flodda. .' 08:38 FIL'~M" T-~21 P.03T/043 F-L~8 All of Lot 14 and the North 65.2 fast cdLet 15, Block 77, TOWN OF UNTON inow DdrW IleadQ, accordk~ rathe plat thereof as recorded In Plat Book 1, Page a of the Public Records of Palm Beach County, ~ PARC:~ P.: . :L The ~outh G9.84 feet of LOf~ 4, 6, 6and Lots 7 and 18, lees the North 18.0 feet thoted, gl Block 77, TOWN OF UNTON (now Delra¥ Beach], cocoa'lng to the plat thereof ma recorded In Plat Book 1, Page 8 of the Public RecoMe of Palm Tho Norlh 16.0 feet of Lot f3 and the North 16.0 feat of Lot 7, Blook 77, TOWN OF UNTON (now Delay Beaoh), according to the .plat thereof as recorded In Plat BoOk 1, PAge 3 d the Pub/lc Record~ o~ Palm Beach PARCEL 4: That part of the 16 foot wide alley dght of way lying 8outh of and adJaoent to Late 4. Bari:lB, BloekTT, TOWN ~ UNTON (now Delay Beaoh), aocordlng to the plat thereof at; regarded In Plat Book 1, Page $ el'the Public That pert d the East B feel d that certain 18 fool: wide alley right of way lying Weet of a~d IKlJaeerlt m Late 14 arid 1~. '-----"'" Blook 77, TOWN OF UNTON (now Oelray Beach), accord.lng to the plat thereo~ ew rec~ordna In ~ Book t, Page 8 olthe PLJUIO Records d' Palm BiN~h Counly, Roridl. That part of the 16 foot wide alley right al way lying West of and adJac~t to Lot 13, ~ 77, ~ ~ U~ ~ Delray Beach), according to the plat thereol as regarded In Plat Book 1, Page 3 of the PublM Ret, afdc of Palm Beedl SEP-I?-~O0t 00:$0 FI~U' T'921 P. ~D MEMORANDUM OF r.~ASB MY_,MORANI)UM OF L~-~ ("Memoran ~,m~) is dated ~ of thls dayof 2002 b~ and Ix~'cCA who~ who~ address b .... W]~REAS, Landlord and T,m~,: homey execut~ this Memorandum for purposes of ~vinC constructive notic~ of tho Tmaat's ]cascho]d i~tcrcst Jn the Parking Spaces crmlcd pursuant to the ~ ~ of tbe rights creat~ thereby, all of which are hereby conGrmed. ACCORDINGLY, thc panics hcr~y give notice of tho ~stmc~ of't~ Leas= as foUows: L1. ~ T~e ~rm o~ thc Lc~se is ,,~-ety--~-e (99) ym's expiring as of ~lnight on tbe ..... day of ,2101. ~ In accord~nc~ with Scctlon 713.10, Florida Statutt~ the in the Perk~g Spaces ~ not be ~ubj~c~ to JiM for improvemmts to Spaces mad~ b~ the T~nt TI~ Sl~Ci~¢ lsn~ conmlned in th~ Leae~ pml~'hi~ing "Pursmmt to Section '/13.10, FJodda Smtut~ Tcant shall not pmnit any mechan~'s ~' materLuhnxn's lieu to be fareclom~ against the Por~-S Spaces by xuson o£ waric, bib~, services cr materials ~ormcd by or fm~;,:h,,a to T,'~mt or myo~ holdi~ ~l.,~,fl be l~x~-ly sc~ forth in the Mo~orandum of Lesse recorded in compaction with the tm'ms hereof. If say ~h Ilea shall at my tim~ b~ filed, T~n-nt may contm~t the same in good ~ith but Tenant shell, wit~ fii~om (15) chy~ after notico of the filing bond, ~ of a oourt of competcat jurisdiotion or otherwi~ Nothi~ containat in this Lease ~k~n be eo~suvM as a consmt on the part of Landlord to sutgec~ Lmxllord's e~iai~ in the Star~ of Florida. With respect m any construction work -27- 08:38 Ff~t- T-OZI F-HO waivers from cach contractor ~ material supplier follow~ To~ut's completion of mw.,b ooJ~tru~-d~" _1'V.4. Terms and Conditions. Thc Parking Spaces are subject to nil o/' thc other ~ nmi condiflo'~s of thc ~ /ndud/ng, without I~m/~tion, provis/ons relatmt ~o rent~ subletting and assigning, fixtures, maintenance and repair, provisions rehted to insurance .ha damage,, altcra~oas, Tenant ~igns, condenm~ and ali other met'u~ end thlni~ ~. This Memorandum may be exeaued in counterparts, each ofwhich wR1 be deemed an original document, but ell of which will constitute e single document. This document will not bc binding on o~ constitute evidence of e conlzact between tlw partita until such time as a counterpart of this documents tins been executed by each party and a iN WITNESS WHERI/OI~, the parties hereto hnve duly executed this bfnmomndum as and of the day mui yem- flint above written. Ten ant: ~ By: .~ ~ ' ~"' . ~' -28- 08:30 FItON'- T-O21 F-SSi STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) I HI~Y CERTWY that on this day, before me, an officer duty auth~riz~l in tl~ Stale aforesaid ~4 in the County afori~said ~o acknow, legg~l, barm'~ me by L, ' - Oi~ p~rsonally known ~o me or who .has prodm~ ~ as idmtitmtim~ of~, 2002. My Comml~lo~ lbipir~: STATE OF FLORIDA ) ) ss: CO~ OF PALM BEACH ) , Typ~ ~ or s~n~n~ of Nomy I HHRI~Y CI~TIF~ ~h~ on ~ gay, before me,, an officer duly amh~ in Ibc S~ aforesaid and in the Cotmly afo~said, t?. take acl~vlefl~lneptr~ the forc-~oin~ insintraent wag in him-by Said eo'rpol~ation and that the seal ~ thereto i~ the true seal of said complmy. H~ is personally known to me or who has produaed ._~L~~.~_~ ~s id~aificatio~ c~WIT~_ ~. my band mid official of~ 200~. ~EP-I?-SOO2 09:39 -,; FRO~'- 1'-921 P.041/043 F-266 Finn ofPede~_nn nnd Vehic, ula~ ~nl~s ~d Egress to Padr~n$ ~ - 30 - T-8~! P.04~# r-~85 T-~21 P.04~/048 F-~8 [ITY DF I)ELR;lY BE;I£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7090 1993 DATE: TO: MEMORANDUM February 7, 2003 City Commission David T. Harden, City Manager FROM' Terrill Pyburn, Assistant City Attorney Ajr~ SUBJECT: Authorization to Quiet Title to 2 of the 6 Parcels Acquired from the County On or around January 21, 2003, the City Commission agreed to accept six (6) parcels that the County offered to the City. All of the six (6) parcels were acquired by the County by tax deed sale. According to Section 197.592(3), Florida Statutes, "Liens of record held by the county on such parcels conveyed to a municipality shall not survive the conveyance of the property to the municipality." The problem, however, is that the transfer from the County to the City only extinguishes County liens on the property in the event that the Clerk of the Court noticed the sale correctly. Therefore, property transferred by a tax deed sale is not considered insurable within the first four (4) years after the transfer is made without a quiet title action to ensure that the transfer was done properly and that all of the parties involved were appropriately noticed of the sale. Of the six (6) parcels received by the City, the Department of Community Improvement has decided to sell the lot in Dell Park, NE 3rd Avenue (PC #12 43- 46 09 28 008 0030) and to use the state survey lot at SW 3rd Street (PC #12 43 46 17 43 000 0010) for the City's Affordable Housing Program with the remaining four (4) parcels to be used for drainage retention, etc. Therefore, the City should quiet title to the two (2) parcels individually listed in order to make the title to these parcels insurable. The remaining parcels should be looked at on a case by case basis to determine if a quiet title action is necessary once the City has decided what it intends to do with them. Please place this matter on the February 18, 2003 City Commission agenda for consideration. Please let me know if you have any questions. Thank you. TCP:smk cc: Barbara Garito, City Clerk MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # \~ - REGULAR MEETING OF FEBRUARY 18, 2005 ORDINANCE NO. 3-03 FEBRUARY 14, 2003 This ordinance is before Commission for second reading to amend Chapter 101, "Parks, Beaches, and Recreation", of the City Code of Ordinances by mending Section 101.24, "Traffic Regulations", to prohibit the use, operation, and propelling of parasails, parachutes, and hang gliders on the City's municipal beach. At the first reading on February 4, 2003, the City Commission passed this ordinance. Recommend approval of Ordinance No. 3-03 on second and final reading. S:\City Clerk\chevelle folder\agenda memos\Ord.3 03 2.18.03 £1T¥ DF DELRfl',' BEII£H CITY ATTORNEY'S OFFICE 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278-4755 Writer's Direct Une 561/243-7090 MEMORANDUM January 30, 2003 David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney SUBJECT: Revised Motorized Parasailinq Ordinance Please review the attached ordinance, and, if it meets with your approval, please remove the earlier version and place this new one on the agenda for the February 4th, 2003 Commission meeting. Please note that this new ordinance simply removes the words "on or above any municipal beach site" and limits our control to the regulation of parasaiis, parachutes and hang-gliders "on any municipal beach site" because we can not regulate the airspace above the beach. Do not hesitate to let me know if you have any questions. Thanks. TCP:smk Attachment Pnnted on Recycled Paper ORDINANCE NO. 3-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE IX, "GENERAL REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 101, "PARKS, BEACHES AND RECREATION", BY AMENDING SECTION 101.24, "TRAFFIC REGULATIONS", IN ORDER TO PROVIDE FOR THE SAFETY OF CITIZENS AND TOURISTS ENJOYING THE CITY OF DELRAY BEACH'S MUNICIPAL BEACH BY PROHIBITING THE USE, OPERATION, AND PROPELLING OF PARASAILS, PARACHUTES AND HANG GLIDERS ON THE MUNICIPAL BEACH SITE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide for the health, safety and welfare of its citizens enjoying the City's beaches; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prevent uses that are dangerous to the City's beach-going citizens and tourists. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEl,RAY BEACH, FLORIDA: Section 1. That Title IX, "General Regulations", Chapter 101, "Parks, Beaches and Recreation", Section 101.24, "Traffic Regulations", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: (A) No person shall drive, propel or cause to be driven or propelled along or over any road within any park, any vehicle at a greater rate of speed than posted, and in any event, not more than 25 miles per hour. (B) No person shall use, operate or propel or cause to be used, operated, or propelled on any municipal beach site, any parasail, parachute, or hang-glider. ~I~-)(C) No person shall park or store any motor vehicle, motorcycle, bicycle, wagon or other vehicle within a park, recreation or municipal beach site except in places designated for such purposes. 1 ORD. NO. 03-03 (CO(D) Laws of the city requiring lights on vehicles shall apply to vehicles in a park, recreation or municipal beach site. 0~(E) Vehicles shall be restricted to drives, roadways, paths, walks and trails established for such purposes. Footpaths or walks designated for pedestrian travel shall not be used for vehicular travel. X~-)(F) No motor vehicles shall be driven upon the municipal beach without a written permit from the Parks and Recreation Department. 0Zj(G) All ordinances of the city with respect to vehicles shall be in full force and effect in the parks of said city. {CO.(H) No person shall ride any horse or other animal within any park and recreation site, except upon bridle paths designated as such. 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 mediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2003. MAYOR ATTEST: CITY CLERK First Reading Second Reading 2 ORD. NO. 03-03 Florida Kitesurfing Association, Inc. A Florida Nonprofit Corporation February 18, 2003 Delray Beach City Commission Attn.: David Schmidt, Jeff Perlman, Pat Archer, Jon Levinson, Alberta McCarthy, Mayor {Mayor @ MyDelrayBeach.com) Vice Mayor (JPerlman@MyDelrayBeach.com) Deputy Vice Mayor (PArcher@ MyDelrayBeach.com) Commissioner (JonLewnson@MyDelrayBeach.com) Commissioner (AlbertaMccarthy@ MyDelrayBeach.com) RE: Ordinance 3-03 First, the Florida Kitesurfing Association (FKA), in representing the kitesurfers (or kiteboarders) of Delray Beach, other areas within the State of Florida and from abroad, wishes to sincerely thank the City Commission for undertaking the fourth beach renourishment project. This project brought well deserved recognition to the City through an award for 2002 American Coastal Coalition Top Restored Beaches Awards. As we understand, this critical project was carried out at NO net expense to City of Delray residents through municipal taxes as project costs are to be reimbursed from Federal, State and County appropriations according to your press release 5-2002. In this way the citizens of Delray Beach and visitors from all over may enjoy this marvelous wide beautiful beach. Beach area residents were projected to receive a boon in rapid property appreciation through this essential and well executed beach improvement. In fact the return to the area as a consequence of the project was estimated to be $1.3 Million dollars per year. The Commission is to be thanked and congratulated on restoring this magnificent resource for the public to enjoy so very successfully. The FKA has received some indications that Ordinance 3-03 may possibly be intended to restrict kiteboarding activity off of the beach south of the guarded municipal beach or south of the Seagate Club. Furthermore some indications have been received that powered paragiiding may have been confused with k~teboarding in directing the intent of th~s ordinance. We have enclosed a short companson of powered paragliding and kiteboarding that we hope will remove any confusion regarding these two activities. Powered paragliding of a necessity must utilize a gasoline motor for propulsion that may disturb others in the area whereas kiteboarding does not. Kiteboarding is a quiet, water-borne actMty that is normally conducted well offshore. Kiteboarding normally provides an intriguing and beautiful spectacle for other beachgoers to watch. Furthermore, kiteboarding should not present a legitimate nuisance to other beach patrons or beach area residents. Director Florida Kitesuding Association, Inc. enclosure FLORIDA KITESURFING ASSOCIATION, INC P O Box 4471 Boynton Beach, FL 33424 http//groups.yahoo com/qroup/FKSA flkltesurfer@ hotmad com 561-734-5722 Powered Para lidin VS. Propulsion: 15 hp Gasoline Motor Components: Motor w/wooden propeller, Paraglider Noise: 110dB beside unit, 60dB reported at 330 ft. Can Hover over houses: Yes Altitude: 50 to 150 ft. typical, up to 9,000 ft. Fli. qht Duration: 2 to 3 hours Area of use: Over land and water Wind Kite, Board, Bar, NO MOTOR Almost no noise No Short jumps to 10 to 15 ft. off the water 5 seconds On the water exclusively MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # \0~ . REGULAR MEETING OF FEBRUARY 15, 2003 ORDINANCE NO, 4-03 FEBRUARY 14, 2003 This ordinance is before Commission for second reading to amend Chapter 91, "Animals", of the City Code of Ordinances by amending Sections 91.20, "Running At Large" and 91.28, "Impoundment;Disposition", to amend the definition of "At Large" and provide consistency for grounds of impoundment. At the first reading on February 4, 2003, the City Commission passed this ordinance. Recommend approval of Ordinance No. 4-03 on second and final reading. S:\Caty Clerk\chevelle folder\agenda memos\Ord.4,03.2 18.03 CITY OF I)ELRI:IV BEI:II:H RECEIVED ;~ 6- 2003 CITY MAHAGER CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7090 1993 DATE: February 5, 2003 MEMORANDUM TO: David T. Harden, City Manager FROM: Terrill Pybum, Assistant City Attorney SUBJECT: Ordinance No. 04-03 Please place the revised ordinance regarding "Dogs Running at Large" on the agenda for second reading at the next regular City Commission meeting. Please note that the only revision made was to strike the word "upon" from Section 91.28. Please let me know if you have any questions. Thank you. TCP:smk Attachment Ordinance No. 04-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE IX, "GENERAL REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.20, "RUNNING AT LARGE", PROVIDING FOR THE AMENDMENT OF THE DEFINITION OF AT LARGE; BY AMENDING CHAPTER 91, "ANIMALS", SECTION 91.28, "IMPOUNDMENT; DISPOSITION", PROVIDING FOR CONSISTENCY WITH THE AMENDED DEFINITION OF RUNNING AT LARGE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida has become very concerned about the increased amount of dogs running at large within the corporate limits of the City; and WHEREAS, the City Commission finds that it is in the best interest of the health, safety and welfare, of the citizens of the City to prohibit dogs from running at large within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title IX, "General Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, Chapter 91, "Animals", Section 91.20, "Running at Large" be and the same is hereby amended to read as follows: Section 91.20 RUNNING AT LARGE (A) It shall be unlawful for any person who shall own, or have the care, custody or control of any dog to permit the dog to run at large within the corporate limits of the city. ........................................ ~ not under the direct consol of the o~er. (1) Direct control shall mean immediate, continuous, physical control of a dog at all times such as by means of a leash, cord, secure fence or.chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle. (C) Any dog found nmning at large within the city limits is declared to be a public nuisance; and the owner of any dog found running at large shall be guilty of an offense. In any prosecution brought under this section, it shall not be necessary for the city to allege or prove knowledge or neglect on the part of any accused person. Section 2. That Title IX, "General Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, Chapter 91, "Animals", Section 91.28, "Impoundment; Disposition", be, and the same is hereby amended to read as follows: Section 91.28 IMPOUNDMENT; DISPOSITION. in the city in violation of any of the provisions of this subchapter shall be impounded by the Public Works Department of this city. This animal shall be tumed over to the County Animal Control Division as soon as practical. The pickup fee levied by the city shall be $5, except that for multiple offenses within a one-year period the pickup fee shall be $10 for the second offense and $25 for each subsequent offense. In addition, there shall be imposed a boarding fee of $5 per day for each day or fraction thereof that the animal shall be impounded. No animal can be reclaimed from the city unless the owner can show proof of inoculation against rabies and a current county license. The owner of all animals turned over to the city for disposal shall be charged a fee of $5. 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. hereby repealed. That all ordinances or parts of ordinances in conflict herewith, be, and the same are Section 5. and final reading. That this ordinance shall become effective immediately upon its passage on second PASSED AND ADOPTED in regular session on second and final reading on this ., 2003. day of ATTEST: MAYOR CITY CLERK First Reading Second Reading 2 ORD. NO. 04-03 [lTV OF DELRR¥ BER[H CITY ATTORNEY'S OFFICE DELRAY BEACH Ail.America City 1993 DATE: TO: FROM: JAN 21 2003 , 200 NW ]st AVENUE · D~L~A~ ~C~, ~OR]D~ 33444 FACSIMILE 407/278-4755 Writer's D~rect Line ~B~/243-1090 MEMORANDUM January 17, 2003 David Schmidt, Mayor Terrill Pyburn, Assistant City Attorney SUBJECT: Loose Dogs I have researched the issue of loose dogs and dogs running at large pursuant to your recent inquiry regarding loose dogs and I found that Section 5-1(d) of the Tallahassee Code of Ordinances has the most inclusive definition of "at large". The Tallahassee Code defines "at large" as: "...any dog which is not under the direct control of the owner." In addition, Section 5-1(j) of the Tallahassee Code further defines "direct control" as: "Immediate, continuous physical control of a dog at all times such as by means of a leash, cord, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint within a vehicle, etc .... " The Tallahassee Code also has a section called "Animals to be impounded". In Section 5-12, it states, "It shall be the duty of animal control officers to catch and impound any of the following classes of dogs within the city: (a) Any dog running at large, etc .... " Therefore, it is my position that we may amend our Code of Ordinances, Sections 91.20 and 91.28, to provide for the impoundment of dogs running at large as defined as those dogs that are not within the direct control of the owner, rather than simply those dogs that are off of the premises of the owner. This amendment to our definition of "running at large" could help to alleviate any nuisance or danger that may be caused by dogs that are loose within the City, including those that may be within the owner's private property boundaries, but not adequately contained therein. Attached hereto, please find a copy of the Tallahassee Ordinance, Sections 5-1 and 5-12 as well as a copy of our current ordinance, Sections 91.20-91.28, and a proposed amendment to our current ordinance. Please do not hesitate to contact me at (561)243-7090 if you have any questions. Thank you. Pnnted on Recycled Paper NextPage LivePublish ~. Page 1 of 2 " / Sec. 5-1. Definitions. As used in this chapter, the following words and terms have the meanings set forth in this section, unless the context clearly indicates otherwise: (a) Animal: Any domesticated animal or any captive wild animal. (b) Animal Control Officer: Any person employed or appointed by the city or county who is authorized to investigate and enforce violations relating to ammal control or cruelty under the provisions of this chapter. (c) Animal Shelter: One (1) or more facilities designated by the city for the purpose of housing and caring for animals held under the authority of this chapter. supAt Large: Any animal, other than a cat or dog, which is off the premises of the owner, while not under the ervision of the owner, or, in the case of dogs, any dog which is not under the direct control of the owner. (e) Cat: The domestic cat, Fells catus. (f) Citation: A written not~ce issued to a person by an officer stating that the officer has probable cause to believe that the person has committed a ciwl infraction in violation of this chapter and that the county court will hear the charge. (g) City: The City of Tallahassee, a Florida municipal corporation. Duties and responsibilities of the city referenced in this chapter shall be discharged by the city manager or his designees (h) Dangerous Dog: Any dog that according to the records of either the Tallahassee-Leon Community Animal Service Center, The Leon county Division of Animal control, and any law enfomement agency: (1) Has aggressively bitten, attacked or endangered, or has infhcted severe injury on a human being on public or private property; or (2) Has more than once severely injured or kdled a domestic animal while off the owner's property; or (3) Has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting; or (4) Has, when unprovoked, bitten a domestic animal or a human, regardless of whether on public or private property, or when unprovoked has chased or approached a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; provided that such acbons are attested to in a sworn statement by one (1) or more persons and dutifully investigated by any of the above-referenced authorities. This defimtion shall not apply to dogs utilized by law enforcement officers in the performance of their duties. (i) Dog: Shall mean the domesbc dog, Canis familiaris, or any of the various other animals of the family Canidae (~ Immediate, physical a dog at such as by means a leash, Direct Control: continuous control of all times of rd, secure fence, or chain of such strength to restrain the dog and controlled by a person capable of restraining the dog, or safe and secure restraint w~thm a vehicle If the controlling person ~s at all times fully and clearly within unobstructed sight and hearing of the dog, votce control shall be considered direct control when the dog is actually participating in training or in an official showing, obedience, or field event. Direct control shall not be required of dogs actually participating in a legal sport ~n an authorized area or to government police dogs. (k) Impoundment: The taking or picking up and confining of an animal by an officer under the provisions of this chapter. (I) Legal Responsibihty: For the purpose of this chapter, the owner as hereinafter defined shall be considered legally responsible for: (1) The actions of an animal; and http://~ivepub~ish~munic~de.c~rn/8/~pext~d~/~nf~base33/~/7b~/7ba/7bb?f=temp~ates&fn=d~c~ 1/17/2003 NextPage LivePublish Page 2 of 2 (2) The care of an animal. In the absence of written proof of ownership, all adult members of the household shall be considered legally responsible. (m) Officer: Any law enforcement officer or any animal control officer. (n) Owner: Any person, partnership, corporabon or other legal entity owning, harboring or keeping any animal, or ~n the case of a person under the age of eighteen (18) years of age, that person's parent or legal guardian. This definition shall not apply to any veterinary clinic or boarding kennel. (o) Person: Any individual, firm, corporation, partnership, organization or association. (p) Proper Enc/osure for a Dangerous Dog: The secure confinement indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of children and designed to prevent the dog from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under or through the structure, and shall also provide protection from the elements. The enclosure shall be kept locked at all times to prevent unintentional opening of the enclosure. The dog shall not be permitted to come into contact with animals other than those which reside on the owner's premises, or come into contact with persons other than the owner(s). (q) Severe Injury: Any physical injury that results in broken bones, multiple punctures, or d~sfigudng lacerations requiring sutures or cosmetic surgery. (r) Spayed or Neutered' Rendered permanently incapable of reproduction by a licensed veterinarian. (s) Unprovoked Attack or Bite: Attack or bite where the victim has been conducbng himself peacefully and lawfully and has been bitten or chased in a menacing fashion or attacked by a dog. (t) Vetennarian: Shall mean a person trained and authorized to treat animals medically who is duly licensed and registered by the State of Florida under Florida Statutes, chapter 474, or hcensing area in which the veterinarian is practicing. (Ord No 89-0-0015AA, 3-22-89; Ord. No. 91-0-0061, § 1, 12-11-91; Ord No. 99-0-0031, §§ 1, 2, 5-26-99) Cross references: Definibons and rules of construction, § 1-2. http://livepublish.municode.com/8/lpext.dll/Infobase33/1/Tb0/Tba/Tbb?f--templates&fn=do~... 1/17/2003 Sec. 5-12. Animals to be impounded. It shall be the duty of animal control officers to catch and impound any of the following classes of dogs within the city: (a) Any dog running at large as previously defined. (b) Any dog which has not been inoculated for rabies and which does not wear a tag as evidence of such inoculabon as hereinafter required. (c) Any female dog in heat which is not confined in a proper enclosure as hereinafter provided. (d) Any dangerous dog which is not confined in a secure enclosure as hereinafter provided. (e) Any dog suspected or believed to be infected with rabies or any other infection or contagious disease. (f) Any dog running at large on the premises of public parks or playgrounds. It shall also be the duty of enforcement officers to catch and impound any other animal in violation of this chapter. Animal control officers may issue to the known owner or keeper of such animal a warning notice or citation in lieu of impounding an animal, as provided in section 5-23. (Code 1957, § 7-18; Ord No. 89-0-0015AA, 3-22-89; Ord. No. 91-0-0061, § 3, 12-11-91; Ord. No 99-0-0031, § 7, 5-26-99) Note: Formerly, § 5-22. http://~ivepub~ish~munic~de~c~m/8/~pext~d~~/Inf~base33/~/7b~/8~f/839?f--temp~ates&fn=d~¢~~~ 1/17/2003 Section 91.20 DOGS Section 91.20 RUNNING AT LARGE. (A) It shall be unlawful for any person who shall own, or have the care, custody or control of any dog to permit the dog to nm at large within the .corporate limits of the city. (B) At large shall mean offthe premises of the owner or custodian of the dog and not under control by leash, cord, chain or voice control. (C) Any dog found running at large within the city limits is declared to be a public nuisance; and the owner of any dog found running at large shall be guilty of an offense. In any prosecution brought under this section, it shall not be necessary for the city to allege or prove knowledge or neglect on the part of any accused person. ('80 Code, Sec. 5-18) Penalty, see Sec. 91.99 Cross-reference: Dogs at municipal beach, see Sec. 101.27 Section 91.21 DAMAGING PROPERTY OF ANOTHER. (A) It shall be unlawful for any person who shall own or be in control or charge of an>' dog to allow or permit a dog to enter upon the property of another and damage that property. (B) Property of another shall include private property and any abutting publicly oxxmed property, easements, rights-of-way, cemetery, church or any other property set apart for public use or held for benevolent or charitable purposes which the o,amer of the abutting private property maintains by planting, mowing, watering, fertilizing or similar care of grass, shrubbery, trees and the like, planted thereon. The intent of this section is to include hll abutting property regardless of owauership except the property owned by the owner of the dog, or the property of · those who have consented to the owner of the dog, to do damage on their property. (C) Damage to property shall include, but not be limited to, urinating or defecating by an>' dog upon any property as contemplated herein. (D) In the event any dog shall enter upon the property of another within the corporate limits of the city and shall cause damage ihereon, proof that it is the property of another and of the damage and the identity of the dog shall be sufficient to convict a person owning or having charge of or control of the dog of violating the terms and provisions of this section. Consent of the owner of the property shall be a defense to the violation. ('80 Code, Sec. 5-23) Penalty, see Sec. 91.99 IX. 25 · · Section 91.22 Section 91.22 PROHIBITING DOGS IN PUBLIC BUILDINGS~ PLACES OF BUSINESS. It shall be unlawful for any person who shall own, or be in control of or in charge of, any dog, to allow or permit the dog in any public building in the city, or in any place of business in the city without the permission of the owner or manager of the place of business. ('80 Code, Sec. 5-17) Penalty, see Sec. 91.99 Section 91.23 INJURY TO AND INrFERFERENCE WITH POLICE DOGS PROHIBITED. In addition to the provisions of Sec. 91.01, it shall be unlawful for any person to knowingly barter, disable, injure, kill, torture or torment any dog used by the Police Department in an official capacity while the animal is with an on-duty police officer or while the animal is under the control and direction of a police officer and performing a law enforcement function, or to interfere with or obstruct any animal while the animal is being employed by the Police Department in any authorized act within the Department's official capacity. ('80 Code, Sec. 5-7) (Ord. No. 18-81, passed 4/28/81) Penalty, see Sec. 91.99 Section 91.24 FEMALE DOGS IN SEASON. No person owning or having custody of any female dog shall permit a female dog off the premises of the owner or person having control of that dog when the dog shall be in season, unless the same is under control and attached to a leash. ('80 Code, Sec. 5-22) Penalty, see Sec. 91.99 Section 91.25 V/CIOUS DOGS; MUZZLES. All vicious dogs kept in the city shall be adequately muzzled if they appear on the public streets, thoroughfares or other public places in the city. A dog shall be considered a vicious dog if the dog has attacked or attempted to attack a person on a public street, thoroughfare or other public place in this city, and a complaint has been made to the Public Works Department of this city concerning the same, and the owner of the dog has been notified in writing by the Public Works Department of this city of the attack or attempted attack. ('80 Code, Sec. 5-19) (Ord. No. 18-81, passed 4/28/81) Penalty, see Sec. 91.99 IX. 26 Section 91.26 Section 91.26 REPORT OF DOG BITES REQUIRED. In the event any person is bitten by a dog within the city, then it shall become the duty of the person or the owner of the dog with knowledge thereof, to report the incident to the Public Works Department of the city, or to the County Health Department, within 24 hours thereafter. ('80 Code, Sec. 5-20) (Ord. No. 18-81, passed 4/28/81) Penalty, see Sec: 91.99 Section 91.27 QUARANTINE OF BITING DOG; RABIES; LIABILITY. Any dog reported to have bitten a person shall be kept in quarantine for a period of time as may be designated by the County Health Officer for the purpose of testing the dog for disease. Any dog suspected of being infected with rabies shall be released by its owners or custodian to the County Health Officer for laboratory analysis by a licensed veterinarian. No liability for compensation to the owner of the dog shall attach to the city by virtue of any procedure by the County Health Officer. ('80 Code, Sec. 5-21) Penalty, see Sec. 91.99 Section 91.28 IMPOUNDMENTI DISPOSITION. Any dog found upon the public streets, thoroughfares or other public places in the city in violation of any of the provisions of this subchapter shall be impounded by the Public Works Department of this city. This animal shall be mined over to the County Animal Control Division as soon as practical. The pickup fee levied by the city shall be $5, except that for multiple offenses within a one-year period the pickup fee shall be $10 for the second offense and $25 for each subsequent offense. In addition, there shall be imposed a boarding fee of $5 per day for each day or fraction thereof that the animal shail be impounded. No animal can be reclaimed from the city unless the owner can show proof of inoculation against rabies And a current county license. The owner of all animals turned over to the city for disposal shall be charged a fee of $5. ('80 Code, Sec. 5-16) (Ord. No. 18-81, passed 4/28/81) Section 91.29 PRIMA FACIE EVIDENCE OF VIOLATIONS. In the event any dog shall be found in violation of the provisions of this subchapter, proof of the violation and the identity of the dog shall be prima facie evidence of the violation of this subchapter by the person owning or having charge of or control of the dog. ('80 Code, Sec. 5-15) IX.27