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05-01-07 Agenda RegCity of Delray Beach Regular Commission Meeting ~~ `~i4 r ~. 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 Tuesday, May 1, 2007 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 IVW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone• (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243- Fax• • (561) 243-3774 7127, 24 hours prior to the event in order for the City to accommodate your • request. Adaptive listening devices are available for meetings in the Corrunission Chambers. 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: • April 17, 2007 -Regular Meeting 6. PROCLAMATIONS: A. National Day of Prayer -May 3, 2007 B. Haitian Heritage Month (Haitian Flag Day) -May 2007 C. National Preservation Month -May 2007 7. PRESENTATIONS: A. RESOLUTION NO. 31-07: Recognizing and commending Robert Moreland for 30 years of dedicated service to the Ciry of Dekay Beach B. Commuter Challenge Presentation -Sabrina Kirkpatrick, South Florida Commuter Services C. S.P.I.R.I.T. (Service, Performance, Integrity, Responsibility, Innovation, Teamwork) Committee Employee Awards Presentation D. Asian Food Fair and Cultural Show Presentation -Rana Hoque and Zahir 8. CONSENT AGENDA: City Manager Recommends Approval. A. CONTRACT CLOSEOUT (C.O. NO. 1/FINAL)/CHAZ EQUIPMENT COMPANY, INC.: Approve a Contract Closeout (C.O. No. 1 /Final) in the amount of a $131,966.50 decrease and final payment in the amount of $102,493.85 to Chaz Egiupment Company, Inc. for the completion of the Seasage Drive, Melaleuca Road, and Oleander Lane Drainage Infrastructure Improvements Project. Funding is available from 448-5461-538-65.35 (Stormwater Utility Fund/Seasage/Melaleuca/Oleander). B. SERVICE AUTHORIZATION NO. 12/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 12 in the amount of $63,251.00 to Mathews Consulting, Inc., fox professional services related to the Congress Avenue Comdor Infrastructure Capacity Study Project. Funding is available from 441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services). OS-01-2007 -2- C. RANSPORTATION ENHANCEMENT APPLICATION: Approve and authorize staff to submit two (2) applications for the Year 2007 Transportation Enhancement Application Cycle for FY 2012-2013 funding. D. IN-LIEU OF PARKING FEE PAYMENT AGREEMENT /LEMONGRASS RESTAURANT: Consider a request from the landlord of Lemongrass Restaurant to enter into an in-lieu of parking fee payment agreement for two (2) in-lieu of parking spaces. Lemongrass Restaurant is located at 420 East Atlantic Avenue. E. IN-LIEU OF PARKING FEE PAYMENT AGREEMENT/MELLOW MUSHROOM (FKA VITTORIO'Sl RESTAURANT: Consider a request from Mellow Mushroom Restaurant to enter into an in-lieu of parking fee payment agreement for seven (7) in-lieu of parking spaces. Mellow Mushroom Restaurant is located at 25 Southeast 6~' Avenue. F. RESOLUTION NO. 32-07: Approve Resolution No. 32-07 declaring an official intent with respect to reimbursement of temporary advances made for capital expenditures to be made from subsequent borrowings. The City will be reimbursing expenses relative to various parks, the Old School Square Parking Garage, a new Environmental Services Building and the Intracoastal Park from a Utility Tax Bond Issue. G. SPECIAL. EVENT REQUEST/10TH ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 10~' Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held May 26 and May 27, 2007 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3~ Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center parking lot, to provide staff support for traffic control and security, barricading and fire inspection services. H. AGREEMENTS/GENERAL CIVIL ENGINEERING CONSULTING SERVICES: Approve and authorize the Mayor to execute agreements with Kimley- Horn & Associates, Mathews Consulting, Mock-Roos & Associates and the Wantman Group for Engineering Consulting Services for two (2) years, with the right to renew for three one year renewals; subject to review and approval by the City Attorney. I. EXTENSION/GALLAGHER BASSETT SERVICES CONTRACT: Approve a one (1) year extension to the Gallagher Bassett Services Contract for the period of October 1, 2007 to October 1, 2008. J. FIRST AMENDMENT/INTERLOCAL AGREEMENT/PALM BEACH COUNTY: Approve a First Amendment to the Interlocal Agreement with Palm Beach County Criminal Justice Commission to extend the current agreement for an additional five (5) months until September 20, 2007; and Palm Beach County will provide additional funding in the amount of $50,000.00 in support of the City of Delray Beach Weed and Seed "seeding" efforts. OS-01-2007 -3- K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 16, 2007 through Apri127, 2007. L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to All Florida Rust and Water, Inc. at an estimated annual cost of $34,000.00 for anti-rust chemicals for the City Irrigation System. Funding is available from 119-4144-572-52.21 (Beautification Trust Fund/Chemicals). 9. REGULAR AGENDA: A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/238 SOUTHEAST 7TH AVENUE: Appeal of the Historic Preservation Board's decision approving a Certificate of Appropriateness (COA) fox construction of a two-story garage/guest suite addition at 238 Southeast 7`s Avenue, located in the Marina Historic District. (Quasi Judicial Hearing) B. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/706 SOUTHEAST 2ND STREET: Appeal of the Historic Preservation Board's decision approving a Certificate of Appropriateness (COA) for construction of a new single- family residence at 706 Southeast 2"d Street, located in the Marina Historic District. (Quasi Judicial Hearing) C. CONDITIONAL USE REQUEST/SUNDY HOUSE: Consider a request to allow the establishment of a residential-type inn on Blocks 61 and 70 and the expansion of the Sundy House residential-type inn, located on the east and west sides of South Swinton Avenue, south of Atlantic Avenue. Eleven (11) units currently exist on this site. The proposal adds three (3) new units at the Sundy House, fifty-four (54) units on Block 61 (north of Sundy House), and sixteen (16) units on Block 70 (east of Sundy House) for a combined total of eighty-seven (84) residential-type inn units. (Quasi Judicial Hearing) D. REQUEST FOR IN-LIEU PARKING SPACES/177 PINEAPPLE GROVE WAY: Consider a request from the owner of 177 Pineapple Grove Way for the purchase of three (3) in-lieu parking spaces in the amount of $23,400.00 to enable the owner to market the property for restaurant use. The subject property is located at 177 Pineapple Grove Way. (Quasi Judicial Hearing) E. CONDITIONAL USE EXTENSION/EBENEZER WESLEYAN METHODIST CHURCH: Consider a conditional use extension request for Ebenezer Wesleyan Methodist Church to allow the construction of a new church facility, located on east and west sides of S.W. 6's Avenue, north of S.W. 2"d Street. (Quasi Judicial Hearing) 05-01-2007 -4- F. WAIVER REQUEST/FIRE STATION #4: Consider a request for waiver to increase the maximum driveway width from 36 feet to 58 feet 5 inches for the Fire Station #4 Project, located at the northeast corner of Lake Ida Road and Barwick Road. (Quasi Judicial Hearing) G. RESOLUTION NO. 30-07/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 30-07 amending Resolution No. 62-06 adopted September 19, 2006, which made appropriations of sums of money for all necessary expenditures of the Ciry of Delray Beach for the FY 2006/2007, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2006/2007. H. CLAIM PAYMENT/WEEDLING RESIDENCE (1055 DEL HARBOUR DRIVEL: Consider a request to authorize Gallagher Bassett Services to make a claim payment of no greater than the City's statutory sovereign immunity limit of $100,000.00 • for water damage to the Weedling residence located at 1055 Del Harbour Drive. I. ~ SETTLEMENT OFFER IN CLARENCE RODOCKER AND LYNN WARWICK v. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $19,000.00 in Clarence Rodocker and Lynn Warwick v. City of Delray Beach. Staff recommends approval subject to execution of general releases by each claimant. J. AGREEMENT/WIFI SERVICES/DELRAY BEACH WI-FI, INC.: Approve an agreement between the Ciry and Delray Beach WI-FI, Inc. K. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2008. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). L. APPOINTMENT TO THE BOARD OF ADTUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). M. APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS: Appoint one (1) regular member to the Board of Construction Appeals for an unexpired term ending August 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). N. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) regular member to the Parking Management Advisory Board for an unexpired term ending January 31, 2008. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). O. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) alternate member to the Civil Service Board for an unexpired term ending July 1, 2008. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). 05-O1-2007 -5- P. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending April 22, 2009. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Q. BID AWARD/PANTROPIC POWER, INC.: Consider approval of a bid award to Pantropic Power, Inc., second lots bidder, in the amount of $186,000.00 for the purchase of anew 1,000 KW standby generator for the Water Treatment Plant and Beyel Brothers Inc. in the amount of $14,452.50 for providing the crane service associated with the installation of this new generator. Funding is available 442-5178-536-64.90 (Water/Sewer Renewal and Replacement Fund/Other Machinery/Equipment). 10. PUBLIC HEARINGS: A. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC: Consider approval of a developer's agreement with Cannery Row, LLC regarding the purchase and use of the Community Facility Property and the dedication of the Park Property located at the S.E. corner of the project in the Cannery Row Development. B. ORDINANCE NO. 14-07: City initiated amendments to the Land Development Regulations Subsections 4.6.7(I~(8), "Residential", to provide additional clarification regarding residential real estate signs; (F~(9), "Window Signs", to provide clarification regarding size of signs; and (H)(10), "Temporary Signs", to prohibit temporary non- commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for removal. C. ORDINANCE NO. 17-07: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the City of Dekay Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", providing for direct rollovers to an individual retirement account by anon-spouse beneficiary. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. OS-O1-2007 -6- 12. FIRST READINGS: A. ORDINANCE NO. 16-07: Future Land Use Map amendment (small-scale) from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet north of East Atlantic Avenue, between N.E. 15C Avenue and Pineapple Grove Way (N.E. 2"d Avenue). If passed, a second public hearing will be scheduled for May 15, 2007. B. ORDINANCE NO. 18-07: City-initiated amendment to the Land Development Regulations (LDR), amending Section 6.1.2 "Streets and Alleys," Subsection 6.1.2(A), "Improvement Obligations," to correct a reference to an LDR Section that has been relocated elsewhere in the code. If passed, a second public hearing will be scheduled for May 15, 2007. C. ORDINANCE NO. 19-07: An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the Code of Ordinances of the City of Dekay Beach, Florida, by amending Section 33.687, "Early Retirement Incentive", which allows the City to open early retirement windows for police or fire instead of opening an early retirement window fox both. If passed, a second public hearing will be scheduled for May 15, 2007. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C, City Commission POSTED: April 27, 2007 05-01-2007 -7- APRIL 17, 2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Deputy Vice Mayor Brenda Montague in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, April 17, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Woodie McDuffie Deputy Vice Mayor Brenda Montague Absent - Commissioner Fred Fetzer Mayor Rita Ellis Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Barton, Assistant City Attorney Chevelle D. Nubin, City Clerk At this point, Deputy Vice Mayor Montague stated she would like to observe a moment of silence for the victims of the Virginia Tech massacre. 2. The opening prayer was delivered by Reverend Sharon G. Austin with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Deputy Vice Mayor Montague stated there is additional information for Item 8.D., Agreement/Wi-Fi Services/Delray Beach Wi-Fi, Inc., of the Consent Agenda and noted this item will be moved to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos requested that Item 8.M., Palm Beach County/Matching Grant Application/Knowles Park Sculpture Proiect of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. Deputy Vice Mayor Montague stated there is also additional information for Item 9.C., Waiver Reguest/Pineapple Grove Arts District. Mr. McDuffie requested tY Beach County/Miracle League Funding Regular Agenda as Item 9.A.A.A.A. t Item 8.I., Interlocal Agreement/Palm of the Consent Agenda be moved to the 04/17/07 Mr. McDuffie moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 5. APPROVAL OF MINUTES: Mr. McDuffie moved to approve the Minutes of the Regular Meeting of March 20, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie - Yes. Said motion passed with a 3 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of April 3, 2007, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Deputy Vice Mayor Montague - Yes. Said motion passed with a 3 to 0 vote. Mr. McDuffie moved to approve the Minutes of the Workshop Meeting of April 10, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 3 to 0 vote. 6. PROCLAMATIONS: 6.A. Municipal Clerk's Week - Apri129 - May 5, 2007 Deputy Vice Mayor Montague read and presented a proclamation hereby proclaiming April 29, 2007 through May 5, 2007 as Municipal Clerk's Week. Chevelle D. Nubin, City Clerk, accepted the proclamation. 7. PRESENTATIONS: 7.A. 18th Annual Delaire/Delray Citizens for Delray Police Charity Golf Tournament Presentation to Police and Fire-Rescue -Perry DonFrancisco Perry DonFrancisco, President of Delray Citizens for Delray Police, introduced Mr. Harvey Lurey and Mr. Dan Burnheim (residents of Delaire Country Club) and stated they have been primarily responsible for the organization and operation of the Annual Delaire Charity Golf Tournament. Mr. DonFrancisco stated the Delaire Tournament in conjunction with Delray Citizens for Delray Police has taken place for the last 18 years. In 1990, it was the intention of the Delaire community to raise funds to assist the Fire-Rescue Department and the Police Department. These funds would be earmarked for life saving equipment and crime fighting equipment that would be purchased beyond the normal city budget. Mr. DonFrancisco stated the entire community at large became the benefactor of Delaire's generosity. In numerous incidences, residents and guests of Delray Beach were positively impacted by the level of service they would receive in an emergency while Fire and Police utilize state-of--the-art equipment -2- 04/17/07 purchased with Delaire funds. Mr. DonFrancisco stated Delaire has allowed the departments the opportunity to purchase technological equipment that is imperative in today's emergency environment. Delaire has out performed their previous year's donation, each and every year, for the past 18 years regardless of the economy or other forces. Dan Burnheim stated this year extraordinary things have happened however, in spite of them Delaire has raised $25,000.00 for the Fire-Rescue Department and $25,000.00 for the Police Department which brings the total to over $600,000.00. Mr. Burnham presented a check to Chief Koen and Chief Schroeder for $25,000.00 each. Deputy Vice Mayor Montague stated the Delaire residents are extraordinary and noted that they do this for the love of the Police and Fire and the City of Delray Beach. 7.B. City of Delray Beach Residents' Academy Certificates -Janet Meeks Janet Meeks, Education Coordinator, introduced the following members of the 11th Graduating Residents Academy class and thanked the Commission for their continued support. Patricia Allard Sinam AI-Khafaji John Bemer Danise Cleckley Derrick Cook David Scott Drane Sara Dwyer Bill Fagin Christina Fasciana Theresa Gardner-Williams Matthew Hartley Al Hincken Diana Janicke CC Kelner Marsha and Ralph McGovney Thomas Newbold Chevelle Nubin Alice Pullum David and Susan Sabin Bill Schiltz Carolyn Stein Sara and Glenn Todd Steve Vitacolonna Vincent Wooten Diana Yates Sydell Zuckerman 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 27-07: Approve Resolution No. 27-07 assessing costs for abatement action required for the emergency board-up of unsafe structures located at 106 & 108 NW 10th Avenue, 1127 Miramar Drive and 4869 Pineview Circle. The caption of Resolution No. 27-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT -3- 04/17/07 TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FORA DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. office.) (The official copy of Resolution No. 27-07 is on file in the City Clerk's 8.B. HOLD HARMLESS AND LANDSCAPE MAINTENANCE AGREEMENT/OCEAN TERRACE TOWNHOMES: Approve and accept a hold harmless and landscape maintenance agreement associated with the Ocean Terrace Townhomes project for the installation and maintenance of all irrigation, located on the west side of Palm Trail approximately 172 feet north of Bond Way. 8.C. AMENDMENT NO. 2/SERVICE AUTHORIZATION NO. 23/MATHEWS CONSULTING, INC.: Approve Amendment No. 2 to Service Authorization No. 23 to Mathews Consulting, Inc. in the amount of $28,068.00 for professional engineering services related to Homeowner's (HOA's) and property owner's connection to the Reclaimed Water Areas 2 & 3 Transmission Main Project. Funding is available from 441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services). 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. AGREEMENT/PALM BEACH COUNTY: Approve an agreement between the City and Palm Beach County in order for the City to implement the Disaster Recovery Initiative (DRI) funding in connection with the demolition of Carver Estates. 8.F. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $31,962.00 to I.Q. Construction, Inc. for 612 SW 9`h Street and in the amount of $27,919.50 to South Florida Construction for 32 SW 14`h Avenue. Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). -4- 04/17/07 8.G. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $17,094.00 to allow the applicant to secure new financing. 8.H. INTERLOCAL AGREEMENT/PALM BEACH COUNTY SHERIFF'S OFFICE: Approve an interlocal agreement between the City and the Palm Beach County Sheriff s Office for Urban Area Security Initiative (UASI) which will provide $13,500.00 to the Delray Beach Police Department for a Viking Dry Suite and Emergency Trailer/Equipment. 8_I. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.J. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request for the Art and Jazz on the Avenue to be held on May 10, 2007, from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for street closure of Atlantic Avenue, from Swinton to the west side of N.E./S.E. 7"' Avenue, Railroad Drive from Atlantic Avenue north to the north side of the east/west alley, and to the alleys north and south of Atlantic Avenue on N.E./S.E. ls` Avenue, N.E./S.E. 2na Avenue, S.E. 3rd Avenue, N.E./S.E. 4`h Avenue, and the Tennis Center parking lot; authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up, and EMS assistance. 8.K. SPECIAL EVENT REQUESTBED RACE: Approve a special event request to allow the 10` Annual Bed Race and Street Dance to be held on May 18, 2007 from 5:30 p.m. until 10:00 p.m., grantin~ a temporary use permit per LDR Section 2.4.6(F) for the use and closure of N.E. 2" Avenue between N.E. ls` Street and N.E. 2na Street, and N.E. 2na Street east and west of N.E. 2na Avenue to the alleys; authorize staff support for security and traffic control, barricading, use and set up of the small stage, and preparation and installation of event signage, and EMS assistance; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. 8.L. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/JOINT PARTICIPATION AGREEMENT: Approve A Joint Participation Agreement with the Florida Department of Transportation (FDOT) for the adjustment of the City owned and maintained utilities within the US 1 corridor between the C-15 Canal and Tropic Boulevard; the City will be required to pay the Florida Department of Transportation (FDOT) an estimated cost of $18,483.20. Funding will be programmed to the FY 2007 - 2008 Capital Improvement Plan. 8.M. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. -5- 04/17/07 8.N. RESOLUTION NO. 29-07/FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT)/LANDSCAPING COSTS: Approve and adopt Resolution No. 29-07 authorizing execution of a Locally Funded Agreement (LFA) with the Florida Department of Transportation (FOOT) for funding in the amount of $11,000.00 to offset irrigation and landscaping costs for the South Federal Highway Road Reconstruction Project, between the C-15 Canal and Tropic Boulevard. office.) The caption of Resolution No. 29-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AUTHORIZING THE CITY TO ENTER INTO A LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE INSTALLATION OF IRRIGATION AND LANDSCAPING DURING THE 3R PROJECT ALONG SRS (FEDERAL HIGHWAY) FROM THE C-15 CANAL TO NORTH OF TROPIC BOULEVARD; PROVIDING FOR AN EFFECTNE DATE UPON APPROVAL. (The official copy of Resolution No. 29-07 is on file in the City Clerk's 8.0. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period Apri12, 2007 through April 13, 2007. 8.P. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Duval Ford in the amount of $17,895.00 via the Florida Sheriff's Association Contract #06-14-0821 for the purchase of one (1) Ford F-250 Pick-up Truck. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). Mr. McDuffie moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A.A. AGREEMENT/WIFI SERVICES/DELRAY BEACH WI-FI, INC.: Approve an agreement between the City and Delray Beach WI-FI, Inc. for construction of a wi-fi system throughout the entire City. -6- 04/17/07 The City Attorney stated the Commission had a Workshop meeting last week and resolved the remaining issues regarding training. As opposed to other cities such as San Francisco and St. Cloud that have had successful Wi-Fi, the cities have put a lot of their money into it. She stated, for example St. Cloud has spent $2.8 million, in addition to spending $500,000 a year for maintenance and also hired an IT person who will maintain the system. The City Attorney stated there are two concepts one being like they have done in Philadelphia, St. Cloud, and San Francisco and that each city has purchased and own all the equipment and run it themselves. Thus, they provide the service "free" to their taxpayers, but the taxpayers are paying for the cost of implementing it and keeping it running. The other model is what the City of Delray Beach is considering and that is where there is a private company who will install all the equipment with no cost to the City. They will obtain all the pole attachment agreements and on anon-exclusive basis they have the ability to use some City assets to install antennae. The City Attorney stated this is a "free" wi-fi outdoors scheduled for this agreement between A-1-A and I-95 along Atlantic Avenue and a few blocks each way. She stated this will be primarily outdoor and if a business owner wishes to subscribe to this service they will have to pay; however, they do not have to subscribe to this service. This agreement provides for the digital divide and the Commission expressed a concern to make sure that those at the poverty level have access to computers and this agreement provides for 100 free computers including terminals and all the accessories and also will provide free Internet access to those families. Also, then there is 200 additional families that will get access at a rate of $9.99 per month. The City Attorney stated there are service levels in the agreement and staff is satisfied that there are sufficient termination provisions and sufficient benchmarks for them to follow with regard to timelines and service levels. The City Manager stated he received an email from Commissioner Fetzer who suggested that the Commission may want to have the Chamber of Commerce Technology Committee review this before they take final action. Linda Hennessee, Delray Beach Wi-Fi, briefly discussed the digital divide and clarified the distribution of 100 free computers and the special Internet access for 200 households. Deputy Vice Mayor Montague stated the reason this was taken off the Consent Agenda and placed on the Regular Agenda is because the Commission has concerns and have also received emails from residents. She asked Mr. Buzzelli to share information he found out regarding St. Cloud. Guy Buzzelli, Chief Information Officer, stated he spoke with the IT Director of St. Cloud and it cost $2.8 million and $500,000 per year for maintenance plus the extra IT employee, and they bought the entire system. Joseph Safford, Finance Director, stated from a financial standpoint, they are getting that money from the taxpayers and they are paying for it another way. He stated it is really advertised as a "free" wi-fi service but it is costing the residents the -7- 04/17/07 same as if it were the private enterprise putting it in and charging the customer on a monthly basis. Mr. Eliopoulos stated his concern is the concerns expressed in Commissioner Fetzer's emails. Mr. Eliopoulos suggested that this item be deferred to the next regular City Commission meeting when there is a full Commission to review this. Mr. McDuffie stated the presentation at the Workshop was favorable and he expected to move on. However, the Commission received a flurry of emails, telephone calls, etc. He stated the Chamber of Commerce wants to partner with the City to some extent to go through this and review it. Due to Commissioner Fetzer's absence and with there only being three out of five Commissioners present this evening; and the fact that there have been enough questions and enough people who would like additional information, Mr. McDuffie stated he would support moving this item to the May 1, 2007 City Commission meeting. After brief discussion, the Commission decided it would be appropriate for Delray Beach Wi-Fi, Inc. to meet in the interim with the Chamber of Commerce Technology Committee. Mr. McDuffie moved to postpone until May 1, 2007 with direction that staff provide specific questions for Delray Beach Wi-Fi to take it to the Chamber of Commerce Technology Committee, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 9.A.A.A. PALM BEACH COUNTY/MATCHING GRANT APPLICATION/KNOWLES PARK SCULPTURE PROJECT: Approve a Palm Beach County Public Art Improves Our Community Matching Grant Application for a proposed sculpture at Knowles Park, subject to receiving a grant from Palm Beach County. The Matching Grant Program is a 50% match and Palm Beach County will reimburse the City in an amount of $25,000.00. Funding is available from the Public Arts Program. Mr. Eliopoulos expressed concern over the funding. The City Manager stated the way the Public Art Program works is a certain percentage of certain capital projects is set aside for public art and at this point the money has already been allocated for this purpose and is available for the match. The City Manager stated this would have no impact on the City's future budgets. Mr. Eliopoulos moved to approve the Palm Beach County Public Art Improves Our Community Matching Grant Application, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. -8- 04/17/07 9.A.A.A.A. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/MIRACLE LEAGUE FUNDING: Approve an interlocal agreement between the City and Palm Beach County for funding not to exceed $250,000.00 from the 2002 Recreation and Cultural Facilities Bond for the Miracle League diamond at Miller Park. The City Manager stated staff plans to proceed with the Miracle League regardless, because the match has been raised privately so the funding is there. Mr. McDuffie stated there is a piece being taken out of this large project and it happens to sit on a boundary of that part where there is a grade drop. The entire piece of property was going to be leveled off for drainage, etc. and now we are going to build one part of the ball field sitting on one end where there is a grade change, and he asked what affect this will have. In response, Mr. Weldon stated he will double check with the architect regarding Commissioner McDuffie's concerns. Mr. McDuffie moved to approve with the provision that Mr. Weldon does research and finds that we have no negative impact on this item by not constructing the entire Miller Park Project at the same time, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos - Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 0 vote. 9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/238 SOUTHEAST 7 AVENUE: Appeal of the Historic Preservation Board's decision approving a COA for construction of a two-story garage/guest suite addition at 238 Southeast 7~' Avenue, located in the Marina Historic District. (Quasi- Judicial Hearing) Commissioner Eliopoulos filed a conflict of interest and stepped down from the dais. According to Robert's Rules of Order, Deputy Vice Mayor moved to defer this item to the City Commission meeting of May 1, 2007. 9.B. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/706 SOUTHEAST 2 STREET: Appeal of the Historic Preservation Board's decision a~proving a COA for construction of a new single-family residence at 706 Southeast 2° Street, located in the Marina Historic District. (Quasi-Judicial Hearing) The City Attorney stated there is a request to postpone this item from the appellants and staff. Mr. McDuffie moved to approve to postpone the appeal of the Historic Preservation Board's Decision for 706 S.E. 2"d Street to May 1, 2007, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes. Said motion passed with a 3 to 0 -9- 04/17/07 vote. 9.C. WAIVER REQUEST/PINEAPPLE GROVE ARTS DISTRICT: Consider a request for waivers of Land Development Regulations (LDR) Sections 4.6.7(J)(1)(a) and (J)(2), "Banners and Wind Signs", prohibiting the use of banners as signs and off-premise signs, pursuant to the request by the agent for the Pineapple Grove Arts District. (Quasi-Judicial Hearin Deputy Vice Mayor Montague read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Deputy Vice Mayor Montague asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, entered the staff report into the record and stated the request is a waiver to Section 4.6.7(J)(1)(a) of the Land Development Regulations prohibiting the use of banners as signs; and Section 4.6.7(J)(2) prohibiting off-premise signs, pursuant to the request by the agent for the Pineapple Grove Arts District. Staff is requesting an exemption to the sign code to allow the erection of two temporary banners along perimeter fences at two existing construction sites. The Pineapple Grove Arts District Board believes it has a unique hardship related to large construction projects blocking the visibility of the shopping/dining area access points of N.E. 4th Street and N.E. 151 Street. Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to these provisions of the sign code on specified findings. Mrs. Butler stated if the Commission chooses to approve this waiver request, that they approve it to not exceed 12 months and that if the banners are required to be removed by the private owners that the Pineapple Grove Arts District Board must come back to the Commission to approve the second relocation for such banners. Gene Fisher, Pineapple Grove Arts District Board President (Applicant), briefly discussed the hardship. Deputy Vice Mayor Montague stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). -10- 04/17/07 Mr. Eliopoulos moved to approve the Board Order as presented, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie - Yes; Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.D. RESOLUTION NO. 28-07 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN): Consider approval of Resolution No. 28-07 adopting the Local Housing Assistance Plan for Fiscal Years 2007-2010 pursuant to the State Housing Initiatives Partnership (SHII') Program. The caption of Resolution No. 28-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 28-07 is on file in the City Clerk's Lula Butler, Director of Community Improvement, stated this item is a request for the City Commission to approve the Local Housing Assistance Plan (CHAP) for fiscal years 2007-2010 by adopting Resolution No. 28-07 pursuant to Title 67-37 of the Florida Administrative Code. The State requires a Local Housing Assistance Plan (CHAP) outlining how the City plans to administer the SHIP funds once they are received. Mrs. Butler stated the following strategies are broad enough to address most of the needs that are identified by the community for SHIP dollars: (1) Purchase assistance, (2) Owner-occupied rehabilitation assistance, (3) Land Acquisition, (4) Disaster Relief assistance, (5) Sub-recipient Housing Partnership Program (Community Land Trust), (6) Foreclosure Prevention. Mr. McDuffie confirmed with Mrs. Butler that the funding all comes from the SHIP Program and this year's allocation is $590,567. -11- 04/17/07 Mr. Eliopoulos moved to approve Resolution No. 28-07, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised public hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. DEVELOPER'S AGREEMENT/CANNERY ROW. LLC: Consider approval of a development agreement with Cannery Row, LLC regarding the purchase and use of the Community Facility Property and the dedication of the Park Property located in the Cannery Row Development. the dais. Due to a conflict of interest, Commissioner Eliopoulos stepped down from According to Robert's Rules of Order, Deputy Vice Mayor moved to defer this item to the City Commission meeting of May 1, 2007. 10.B. ORDINANCE NO. 15-07: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", to provide an alternative method for purchasing the optional enhanced multiplier for periods of prior city employment. The caption of Ordinance No. 15-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", TO PROVIDE AN ALTERNATIVE METHOD FOR PURCHASING THE OPTIONAL ENHANCED MULTIPLIER FOR PERIODS OF PRIOR CITY EMPLOYMENT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-07 is on file in the City Clerk's -12- 04/17/07 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. Deputy Vice Mayor Montague declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 15-07, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 15-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public and the City Manager. 11.A. City Manager's response to prior public comments and inauiries. None. 11.B. From the Public. None. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 14-07: City initiated amendments to the Land Development Regulations Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (H)(9), "Window Signs", to provide clarification regarding size of signs, and (H)(10), "Temporary Signs", to prohibit temporary non-commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for removal. If passed, a second public hearing will be scheduled for May 1, 2007. The caption of Ordinance No. 14-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 78-06 BY AMENDING SUBSECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H)(9), "WINDOW SIGNS", TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, -13- 04/17/07 (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY AND PROVIDE TIME LIMITS FOR REMOVAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 14-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. She stated staff met with a representative from the Realtor's Association and staff's letter explains that the Realtor's Association will get back to them. The City Attorney stated there is not a technological way to describe what they anticipate will be coming in the future. Mr. McDuffie moved to approve Ordinance No. 14-07 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 12.B. ORDINANCE NO. 17-07: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", providing for direct rollovers to an individual retirement account by anon-spouse beneficiary. If passed, a second public hearing will be scheduled for May 1, 2007. The caption of Ordinance No. 17-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING FOR DIRECT ROLLOVERS TO AN INDIVIDUAL RETIREMENT ACCOUNT BY A NONSPOUSE BENEFICIARY; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 17-07 is on file in the City Clerk's -14- 04/ 17/07 The City Attorney read the caption of the ordinance. She stated the purpose of this change in the general pension plan is to recognize changes in the Pension Protection Act of 2006 which allows for this non-spouse rollover. Mr. Eliopoulos moved to approve Ordinance No. 17-07 on FIRST Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes; Mr. McDuffie -Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved back to Item 9.E. of the Regular Agenda. 9.E. MARKETING/SELLING CITY RETAIL SPACES/OLD SCHOOL S4UARE GARAGE: Discussion regarding three (3) proposals from Coastal Commercial Group, LLC, Bathurst Laymon Realty Group and Re/Max on the sale of the retail space in the Old School Square garage. The City Attorney stated she had initial contact with Ingrid Kennemer on a recommendation from the Community Redevelopment Agency (CRA) trying to find appropriate persons to discuss the retail space under the newest city garage being built. The City Attorney stated after that time she received two other proposals of interest, one from Bathurst Laymon Realty Group, Inc. and the other from Joe LaViola with Re/Max. Staff considers this a personal services contract because it requires a particular expertise that we need; however, it does not mean that we cannot go out for a Request for Proposal (RFP). Mr. McDuffie stated he does not want to support this item this evening because he feels not enough information has been provided to the Commission. He suggested that there comparative information in greater detail. Also, Mr. McDuffie stated he would entertain putting this out for a Request for Proposal (RFP). Mrs. Montague asked what additional time would be added if the item were to go out for an RFP. The City Attorney stated she believes it would be approximately thirty (30) days. The City Manager stated six (6) weeks would be more realistic. Mr. Eliopoulos stated he supports the companies giving presentations because this is an important piece of retail space. The Commission gave direction to the three proposal companies to give presentations for the retail space at the Old School Square Garage. The City Managez stated this will be tentatively scheduled for the City Commission meeting of May 1, 2007. If the Agenda is too lengthy for the meeting of May 1, 2007, then it will be scheduled for the May 8, 2007 Workshop meeting. -15- 04/17/07 9.F. FIRST ANNUAL S.P.I.R.I.T. AWARDS BANQUET: Provide direction regarding the First Annual S.P.I.R.I.T. Awards Banquet. The City Manager stated this is a recommendation from the S.P.I.R.I.T. Awards Committee regarding the First Annual S.P.I.R.I.T. Awards Banquet. The Committee recommends holding the Awards Banquet at Benvenuto's and asked for direction from the Commission on whether to go out of the City or not. Jo Weaver, Paralegal/Legal Secretary, stated this is the first time for the event and staff would like to make it big enough so that many people can attend. She stated this is open for employees first and if they find there will be room for guests then employees can pay for their guests to come. Mrs. Montague asked if this is opened up to guests will they receive a discounted rate. In response, Jo Weaver stated a guest would have to pay the full rate. Mrs. Montague stated she would like to make sure that if employees would like to bring their spouse or a friend that they can do so without it being a hardship. Mr. McDuffie stated he has had the fortune to attend functions in Benvenuto's, the Delray Beach Golf Club, and Westchester Country Club. He noted that Benvenuto's is designed for group functions and they are very efficient working with large groups. Mr. McDuffie stated this will be a wonderful experience for the employees and noted the food is excellent and the service is second to none. Mr. Eliopoulos concurred with comments expressed by Mr. McDuffie. After brief discussion, it was the consensus of the Commission to hold the First Annual S.P.I.R.I.T Awards Banquet at Benvenuto's. 9.G. AUTHORIZATION TO FILE A COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND/OR PETITION FOR GUARDIANSHIP OF A MINOR/ANTHONY HARRIS, FORMER CITY EMPLOYEE: Consider a request authorizing the City to file a Complaint for Declaratory and Injunctive Relief and/or Petition for Guardianship of a Minor in the Circuit Court of Palm Beach County regarding the death benefit due under the General Employees Pension Plan as a result of the death of Anthony Harris, former City Employee. The. City Attorney stated former City of Delray Beach employee Anthony Harris passed away and left a minor child Sharhonda Harris his death benefit. Mr. Harris was not married at the time, and in order for Sharhonda Harris to receive the benefit due her, a guardianship may need to be set up pursuant to Florida Statutes because the funds may exceed $15,000.00. Mr. McDuffie asked if the guardianship is limited to a single person or entity. The City Attorney stated it can be a person or an entity. -16- 04/17/07 Mr. McDuffie moved to approve authorization to file a complaint for declaratory and injunctive relief and/or petition for guardianship of a minor in the Circuit Court of Palm Beach County regarding the death benefit due under the General Employees Pension Plan as a result of the death of Anthony Harris, former City Employee, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes. Said motion passed with a 3 to 0 vote. 9.H. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). It was the consensus of the Commission to defer Commissioner Fetzer's appointment to the City Commission meeting of May 1, 2007. 9_I. APPOINTMENT TO THE PLANNING AND ZONING BOARD: Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Deputy Vice Mayor Montague stated she would like to appoint Francisco Perez-Azua as a regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2007. Mr. Eliopoulos so moved, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Deputy Vice Mayor Montague -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. The City Attorney stated Mayor Ellis' appointment will be deferred to the City Commission meeting of May 1, 2007. 9_J. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending April 22, 2009. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). It was the consensus of the Commission to defer Commissioner Fetzer's appointment to the City Commission meeting of May 1, 2007. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager -17- 04/ 17/07 The City Manager had no comments or inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Eliopoulos Mr. Eliopoulos stated the City Manager informed him that the City of Delray Beach is in the process of accepting employment applications for a new Fire Chief. Mr. Eliopoulos suggested that a Fire Chief from a surrounding city be on the selection committee. Secondly, on behalf of the Commission, Mr. Eliopoulos extended their thoughts and prayers to Commissioner Fetzer and his family. 13.C.2. Mr. McDuffie Mr. McDuffie stated the City Manager has provided him with some information regarding gang activity. Mr. McDuffie thanked Chief Schroeder and staff for breaking up the gang activity where there was filming of a gang video in process. Mr. McDuffie stated they broke up the gang activity along with confiscating firearms and the video. He stated authorities will be able to use the video in their "non-gang" promotions and be able to take the youth in the community and surrounding communities and share this video with them so they can see to what lengths these people go to attract members and how violent these things are. He stated it is a matter of economics here and these young people who have no where to go and no way to make money are put on the street and to make income for the gang they take part in illegal activities such as drug sales. Mr. McDuffie commented about the Town Hall meeting at Palm Beach Community College and stated this will leave a lasting impression on him. In addition, Mr. McDuffie stated this has motivated him to take a ride with Officer Weatherspoon Friday evening because he would like to see what the police officers are confronted with. Mr. McDuffie suggested that the Commission send a card and flowers to Commissioner Fetzer and his family. 13.C.3. Mrs. Montague Mrs. Montague thanked Mr. Barcinski for another successful Delray Affair especially with the threat of rain on Sunday. Secondly, she commented about the United States Tennis Association (USTA) Junior National Championships for the youth on Saturday. Mrs. Montague -18- 04/17/07 stated she had the honor of awarding the winners and commented it will be on the tennis channel. Mrs. Montague stated the FED Cup activities are this weekend and noted Serena and Venus Williams will be playing. Lastly, on behalf of the Commission, Mrs. Montague reiterated that Vice Mayor Fetzer and his family are in their prayers. There being no further business, Deputy Vice Mayor Montague declared the meeting adjourned at 7:40 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 17, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -19- 04/17/07 FORM 8B MEMORANDUM OF VOTING CONFLICT- FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-MIDDLE NAME Eliopoulos, Gary P. NAME OF BOARD, COUNCIL, COMMISSION, AUTFIORITY, OR COMMITTEE Delray Beach City Commission MAILING ADDRESS 205 George Bush Boulevard THE BOARO;'000NCIL; COMMISSION; AUTHORITY OR COMMITTEE ON wHICHISERVEisAUNn-OF: CITY COUNTY CnY ~ COUNTY ^ OTHER LOCAL AGENCY Delray Bea.ch., E~orida: 33444 Palm Beach NAnneoFPOlmcaLSUaomsloN: DATE ON WHICH VOTE OCCURRED. 4/17/2007 MY POSrrION IS: ~ ELECTIVE ^ AFPOINrIVE WHO MIDST FILE FORM 8B This form is for use by any person serving 8t the county, qty, or other local level of govemment on an appointed or elected board, coundl, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Seotyon 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which.you have a conflict of interest-will vary greafly..depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, munidpal, or other local public office MUST ABSTAIN from voting on a measure which inures.to his or her special private gain. or loss: Each elected or appointed local-officer also is prohibited from knowingly voting on a mea- .sure which inures to the spedal gain or loss of a prindpal (other than a govemment agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate prindpal by which he or she is retained); to the specal private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agendes under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-iMaw, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation 'are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS. by completing and filing this form with the person responsible For recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 ITEM 9 . A PAGE 1 APPOINTED OFFICERS (continued): • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publiGy at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before partiapating. • You must complete the form and file it within 15 days after the vote occurs with theperson responsible for recording the minutes of he meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary P. Eliopoulos ,hereby disclose that on April 17 , 20 07 (a) A measure came or will'come before my agency which (check one) inured to my special private gain or loss; ~. inured to the special gain or loss of my business associate, F_1 ~ nip 1 n ~ A rch i t e c to Inc . inured to the speaal gain or loss of my relative, _ , _ inured to the special gain or loss of ~~ _ , by .whom 1 am retained; or inured to the speaai gain or loss of ,which is the parent organization or subsidiary of a .principal which has retained me. (b)-The measure before my agency and the nature. of my conflicting interest in the measure is as follows: April 17, 2007 Date Filed Signat e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1!2000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR PINEAPPLE GROVE ARTS DISTRICT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests -have come before the City Commission on April 17, 2007. 2. The Applicant and City staff presented documentary. evidence and testimony to the City Commission pertaining to the waiver request by the Pineapple Grove Arts District. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.6.7(J)('I)(a) provides that banners are prohibited and LDR Section 4.6.7(J)(2) prohibits off premise signs. The Applicant has requested a waiver to these .sections to allow the temporary placement of 2 banners along the perimeter fence of two existing. construction sites. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver requests meet all the requirements of 2.4.7(8)(5)? *Yes 3 No 0 *subject to a 12 month time period from the date of approval; and the applicant must seek City approval prior to relocating the banners. 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 1 I+~m q•C 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves X denies the waiver request to LDR Sections 4.6.7(J)(1)(a) and 4.6.7(J)(2). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 17th day of April, 2007, by a vote of 3 in favor and 0 opposed. ATTEST: " ~ Rita ,Mayor ~4of; Chevelle Nubin, City Cler 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FO`R COUNTY MUNICIPAL, AND OTHER :LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-MIDDLE NAME Eliopoulos, Gary P. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Delray-Beach City Commission MAILING ADDRESS 205 George Bush Boulevard- THE BOARD; COl1NGL, COMMISSION. AUTHORITY OR COMMITTEE ON wHICHISERVE1sauNITOF: cmr ~ couNTY pTM o couNTY a OTHER LoCIiL acENCY Delray Beach, Florida. 33444 Palm Beach NAME OFPOLmcAl.sllBavlslON: DATe a~N.wfucH vole occurtREo 4% T 7/ 200 7 MY POSITION Is: ~ EL.ECTIVE o APPOINTNE WHO MUST FILE FORM 86 This form is for use by any person serving at the county, dty, or other local level of govemment on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and. non-advisory bodies who are presented with a voting oonflid of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position: For this reason, please pay Gose attention to Use instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her spedal private gain or loss. Each elected or appointed`.local officer also is`prohibited from knowingly voting on a mea- sure which inures to the spedal gain or loss of a principal (other than a govemment agency) by whom he or she is retained (inducting the parent organization or subsidiary of a corporate principal by which he or she is retained); to the spedal private gain or loss of a relative; or to the spedal private gain or loss of a business assocate. Commissioners of community redevelopment agendes under Sec. 163.356 or 163.357, F.S., and officers of independent spedal tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" indudes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-iMaw, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation 'are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disdose the conflict: PRIOR TO THE VOTE BEING TAKEN by publidy stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. f f • • • t • f f t f f f t • t APPOINTED OFFICERS: Alfhough you must abstain from voting in the situations described above, you otherwise may parGdpate in these matters. However, you must disdose the nature of the conflict before making any attempf to influence the decision, whether orally or in writing and whether made by yo'u or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1!2000 PAGE 1 ITEM 10.A APPOINTED OFFICERS (continued). • A Dopy. of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before particlpating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the_minutes of he meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Gary P. Eliopoulos ,hereby disclose that on AQril 17 , 20 07 - (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; ~ inured to the speclai gain or loss of my business assoclate, Ku~i & Elot~oulos Architects , P . A . _ inured to the special gain or loss of my relative, , _ inured to the specs{ gain or loss of ~ ___ _ , by whom 1 am retained; or _ inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: L~pril 17. 2007 _ Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2 WHEREAS, millions of people throughout the world consider prayer the most important utterance of mankind; and WHEREAS, prayer comforts us in times of sorrow and gives us strength and hope for the future; and WHEREAS, throughout the history of our state and nation, Americans have given thanks to God for the many blessings which God has graciously bestowed on our nation and have humbly prayed for guidance, comfort, and protection; and WHEREAS, we continue to give thanks for the men and women of the military who defend freedom, and we humbly ask God for their protection and pray for peace throughout the world. We ask God to keep His hand upon us and bless the City of Dekay Beach, the great State of Florida, and the United States of America; and WHEREAS, the National Day of Prayer is recognized by Congress as a day for all Americans to pray and reaffirm the spiritual principles upon which our nation was founded; and WHEREAS, this is the 56~' anniversary of the annual observance of the National Day of Prayer, and this year's theme is "If My People", based on II Chronicles 7:14, "will humble themselves and pray"; and WHEREAS, on May 3, 2007, Americans across our nation and state will unite in prayer to acknowledge our dependence upon God, .give thanks for the many blessings our country has received from Him, recognize our need for personal and community repentance and renewal, invoke God's blessings upon our leaders and. ask God to protect and bless our nation. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Dekay Beach, Florida, on behalf of the City Commission do hereby proclaim May 3, 2007 as NATIONAL DAY OF PRAYER in the City of Delray Beach, Florida, and extend greetings and blessings to all observing the National Day of Prayer. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 1$` day of May, 2007. RITA ELLIS MAYOR 6.A ok WHEREAS, the growth and prosperity of Palm Beach County, Florida, is due in part to an ethnic diversity that includes a substantial and rapidly increasing Haitian population; and WHEREAS, we recognize the valuable contributions of the Haitian people and pay due tribute to their endowment; and WHEREAS, the Haitian population in South Florida joins together during the month of May to commemorate their "Flag Day" and celebrate their historical and cultural identity; and WHEREAS, it is appropriate to promote awareness, and understanding of cultural diversity in our society in order to strengthen the self-esteem of our multicultural student population and improve their academic achievement. WHEREAS, the Haitian Flag Day Celebration will be held on Friday, May 18, 2007 on the grounds of the Toussaint L'Ouverture High School for Arts & Social Justice. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of May, 2007 as HAITIAN HERITAGE MONTH and May 18, 2007 as HAITIAN FLAG DAY and encourage all of our residents to join in this recognition of the unique diversity of the Haitian culture including their accomplishments and contributions made to our community and country. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 1St day of May, 2007. RITA ELLIS MAYOR ~~ ~D/,~n Uy+ WHEREAS, Historic Preservation fosters a deeper understanding of the diversity of our distinct local, state, and national heritage; and WHEREAS, Historic Preservation enhances the livability and sustainability of communities, both large and small across America; and WHEREAS, Historic Preservation is an effective tool for managing growth, revitalizing neighborhoods, fostering civic pride, and maintaining community character; and WHEREAS, Historic Preservation helps us recognize the integral role that tangible links to our heritage play in our sense of place and community; and WHEREAS, "Making Preservation Work!" is the theme for Preservation Month 2007 co-sponsored by the Delray Beach Historical Society, Delray Beach Community Redevelopment Agency, and the National Trust for Historic Preservation. NOW, THEREFORE, I, Rita Ellis, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 1, 2007 through May 31, 2007 as NATIONAL PRESERVATION MONTH and call upon the people of Delray Beach, Florida, to recognize and participate in this special observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 1St day of May, 2007. RITA ELLIS MAYOR ~. C RESOLUTION NO. 31-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ROBERT MORELAND FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Robert Moreland was hired by the City of Dekay Beach as a Fire Fighter on May 1, 1977; and WHEREAS, on May 1, 2007 Robert Moreland reached a milestone in his career, having effectively achieved thirty (30) years of continuous, full-time service with Dekay Beach Fire-Rescue; and WHEREAS, during the past thirty years Robert has served this community with honor and distinction as both a Fire Fighter, Paramedic, Lieutenant and Division Chief; and WHEREAS, Robert Moreland has served the community in many other ways including charity fund raising, special events and civic endeavors; and WHEREAS, Robert's warmth, kindness and compassion are well known and recognized throughout the City of Delray Beach and these attributes serve as a reminder to us all to seek opportunities for service to our fellow man; and WHEREAS, the City of Delray Beach and the Fire-Rescue Department are honored to have had Robert Moreland as a valued member of the municipal team over the past 30 years, and he will be missed by his co-workers and the entire city staff. NOW, THEREFORE, BE IT RESOLVED 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 hereby recognizes and commends Robert Moreland for thirty years of dedicated and faithful public service. 7a Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Robert Moreland for his many years of service, and further wishes him the best of health and happiness as he enjoys retirement and the many new opportunities which are sure to come his way. 2007. PASSED AND ADOPTED in regular session on this the 1S` day of Mav MAYOR ATTEST: City Clerk, CMC 2 RES. NO. 31-07 `'/~ 3201 W. Commercial Blvd. G~ Suite 211 ~ ~ J Fort Lauderdale, Florida 33309 s o u T H F L O R I D A Tel: (800) 234-RIDE (7433) COMMUTER 954-731-0062 Fax: 954-731-7319 SERVICES Web: http://www.1800234RIDE.com Rita W. Ellis Mayor City of Delray Beach 100 NW 1St Ave Delray Beach, FL 33444 APR - ~ 2~7 GTY COMMISSION Apri12, 2007 Subject: Commuter Challenge Honorable Mayor Ellis: In observance of Clean Air Month as well as in response to rising gas prices and traffic congestion, South Florida Commuter Services (a program funded by the Florida Department of Transportation), is hosting the third annual South Florida Commuter Challenge, May 17, 2007. The Commuter Challenge urges South Floridians to use alternate transportation methods, such as trains, buses, bikes, carpooling, or even walking, to get to work in order to alleviate traffic. We are approaching all municipalities in South Florida and enlisting their participation and support in this important undertaking. South Florida Commuter Services would like to make a brief presentation at your May City Commission meeting promoting the Commuter Challenge. We also ask that you join us in encouraging your constituents to participate. We do believe your support will send a strong message to the community. Should you have any questions or to scheudule the presentation, please contact me at 561-512-2572 or kirkpatricks pbworld.com. Thank you for your consideration and we hope you will be able to join us for this very important event. Sincerely, Sabrina Kirkpatrick South Florida Commuter Services RECEIVED APR 1 2 2007 CITY C1-ERK 7a Carpooling Varpooling BCT Tri-Rail MDT Palm Tran MEMORANDUM TO: Mayor and Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician THROUGH: David T. Harden, City Manager ~~~ DATE: Apri123, 2007 ' SUBJECT: AGENDA ITEM # y • ~ -REGULAR MEETING OF MAY 1, 2007 CONTRACT CLOSEOUT (CHANGE ORDER NO.1/FINAL)/CHAZ EQUIPMENT COMPANY, INC./SEASAGE DRIVE/MELALEUCA ROAD/OLEANDER LANE INFRASTRUCTURE IMPROVEMENTS PROJECT 2005-053 ITEM BEFORE THE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$131,966.50) and final payment in the amount of $102,493.85 to Chaz Equipment Company, Inc. for completion of the Seasage Drive, Melaleuca Road, Oleander Lane Infrastructure Improvements Project. BACKGROUND The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #640806 to funding account 448-5461-538- 65.35 (Storm Water Utility Fund/Other Improvements/Seasage/Melaleuca/Oleander) RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of (-$131,966.50) and final payment in the amount of $102,493.85 to Chaz Equipment Company, Inc. for completion of the Seasage Drive, Melaleuca Road, Oleander Lane Infrastructure Improvements Project. cc: n9er,da File a5~o~ro~ File 2005-053 (A) U:lwwdata~agendaWgenda Memos S.1.OTChaz CO pl Final Agd Mem GC 050107Finsl.doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 t Final PROJECT NO. 2005-053 DATE: PROJECT TITLE: Seasage Drive/Melaieuca RoadlOleander Lane Infrastructure Lnprovements TO CONTRACTOR: Chaz Equipment Company, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUB]ECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $1,126,755.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,126,755.00 COST OF CONSTRUCTION CHANGES THIS ORDER ($131.966.501 ADJUSTED CONTRACT AMOUNT INCLUDING THI5 CHANGE ORDER $994,788.50 PER CENT DECREASE THIS CHANGE ORDER -11.71% TOTAL PER CENT DECREASE TO DATE -11.71 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in pmper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz Equipment Company, Inc. (Contractor to sign & seal) TO BE FILLID OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor aTTEST: By: City Clerk s:vrro~a~rn,;~a.~xoas~zoos.osc.~aiuce.~ co i r-~cc asoim a°~ SCHEDt1LE "Arr TO CHANCE ORDER NO.1 /FINAL CHAZ EQUIPl11ENT COMPAh"Y, INC. SEASAGE DRIVE / MELA.LEilCA ROAD /OLEANDER LANE L~T+RASTRUCTURE Il4IPROVEMEhTS P!N 2045-053 CONTRAC T AWARD CONTRACT T O DATE ~~ NO. DESCRIPTION UNIT ~ ~. TY. ~T PRICE ~xTE.~1D>,D TOTAL PRICE ACTUAL QTY UN~• PRICE ~Erypgp TOTAL PRICE QUANT ADJ. +/. i.o siteMoWTaacion L.s. I $s4oo4.00 Ssa0o4.o6 Io6.oo91 sso.ooo.ao Ssoo0o.4o w.oo 2.0 Mainteomce of Traffic L.S. t 520.000.00 520.006.00 100 00°h 52Q000.00 520 000 00 SOAO 3.0 As-t3uik Rcarord Draw' s L.S. t 57.500.00 S7 SOD.00 100.00% 500 00 57 . S7 500 00 00 50 4.0 ~ Jrdaa®fwrion IS 1 510.00 110.00 100.0091 . . 510 00 . SI0 00 . 00 50 5.0 Pro' ldeni6cnion L.S. 2 5750.00 5[500.00 2 . 5750 00 . 11 00 06 . 50 00 6.0 Dean - LS. I SL4000.00 510,000.00 100.0696 . 510000 00 . $]0000.00 . 50 00 T.0 C ~ and LS. 1 5135,000.00 $135,000.011 100,0091 . 5135 000 00 000 5135 06 . OD SO $.0 Reawve ' ' Drivewe Paverodu 3.F. 140 SS.00 5700.00 110 . . 55 00 . . 5550 00 . 850 00 9.0 1" T S-3 Ovale S.Y. 3 650 510.00 536 500.00 8064 . $i0.00 . 580640.00 . 544 140 00 10.0 RebmldShouldezafRoadw LF. 346 520.00 S6800.00 0 520 00 00 50 , . S6 00 00 11.0 Reomvo F.xietiog Coro & laatai Naw "D" Qeb - L.F. 45' 555.00 52473.00 71 . 555,00 . 53.905 00 . 53 430 00 12.0 Drive S,F. 225 5.."+0.00 S4 500.00 0 520.00 , 50 00 . . S4 500 00 13.0 Remove & RpsoupR Hrkk Drivewa 3.F. 140 520.00 12 800,00 140 520 00 . 52 600 00 . 5(1 00 14.0 Opea Gm Pevpseol Trench Rapair (wear ~) LF. i 400 545.00 563,006.00 0 . $45.06 . . 50 00 . 000 X3 00 •l4.] Opea Cot P»emrnr Trench Repa¢ (water outin)-ooasptudo LF 0 537.06 50.00 lS70 537 00 . 094 538 00 . , 090 538 00 141 OPm ~ Paveoral Trmrh Repafr (draios8e) LF. 340 S.OD 535.100.00 0 . 565.00 , . 50.00 . . 535 100 00 14.1 ~° Cul Psvament TronehRepair(dreioage) LF 0 554.00 S0.00 509 554 00 527 48b 00 . . 527 48b 00 15.0 Flowabk Fr8. l00 C.Y. 100 5150.00 515000.00 0 . Sl50.00 . 50.40 . SIS OOD OD 16.6 Psveroax - S Coadiiioos lA S S3?3.06 11 873.00 5 5373.D0 Si 875 04 . 50 00 17.0 8" PV C C900 Wua Maio L.P. 815 518.00 539 120.00 725 548.00 . 134800.00 . $4 320 00 18.0 8" PVC 0900 Push oo Wua Maio L.F. 885 543.00 538 053.00 810 543,00 534.830 00 , . 53 5 00 19.0 8" DIP CL330 (R1P} Wars Maio C1ulY~DP~) LF. 40 560.00 52,400.W SS 560.00 . 53 300.00 . S90D 00 20.0 8" date Valve fiA 6 51 SO.OD 58,100.00 6 51 SO.OD , SB,L00.00 . 50 00 21.0 10" x 8" Tapg®g Sleeve and Gate Valve ~ 1 S6 .00 56300.00 1 X ,00 56 .00 . 50 60 22.0 8" x 8" Tapping Skave and Gate Valve F.A 2 SS .00 Sl i OOO.OD 2 SS 500 00 511.000 00 . 50 00 23.0 Co®oet W Existing B" Wooer Mena (Sla. 83+271 ~ 1 S3 000.00 53 000.00 1 . 53 000 00 . , 53 000 00 . 50 00 24.0 Fme Hydrant Aaembty FA 3 S4 000,00 512000.00 3 , . 54 000 00 . . Sl2 000 00 . SO OD 25.0 ~ B" Lme Stop EA 3 SS 000.00 515,000.00 0 . 55000.00 . 50.00 . 515000 00 26.0 8" WyssVVECap FA 4 51000.00 54.000.00 4 51 000.00 54000 00 . f0 00 27.0 Fi0 & Flush Assembly EA 4 51.000.00 54000.00 2 , Si 000.00 . 000 00 . 000 00 28.0 Sample Poem EA 4 5475.00 51900.00 4 5475.00 . 51,900.00 . . 00 50 29.0 DIP F ' ( }yarn ) TON 2 55,000.00 S] 000.00 0.83 55 000 00 54 IS0 00 , 830 00 30.0 kWawSarvice FiA 11 51.425.00 SF5675.04 8 . . fI425.00 . 511.400 00 . S4^75 00 3 LO Smgk Wua Service from New 8" WM to Exiging Meer ~ ] 0 5950.00 '" 59500.06 8 5950.00. . 57.600.00 . 51906 00 32.0 Cm & F"in' 6" Wua Main EA ] .51.000.00 SL000.00 1 51000 00 51000 00 . 50 00 33.0 Cul $ Plug Exesting 4" 1Yata Mam FA 5930.00 51 900.OD ~ 2 . 5950.00 . S] 900.OD . 00 50 34.0 WataMamAbandmanmr L.F. 710 57.00 54970.D0 710 57.00 5447C.00 . Sllt)4 35.0 .. Sattiruy Sows I.aleral EA 3 52 123.00 5l0 623.00 ~ ~ ,52125 00 54 .^50 00 S6 75 00 36.0 SwakG andSadding S.Y. 6,350 535.00 5222,250.00 5484 . S3i.00 . . $19t 940.00 . 530 310 00 37.0 12" RCP LF. 25 5250 56 ~ 0.00 48 5250.D0 . SL2.000.00 , . 55.750 00 38.0 l5" RCP L.F. 130 b150.00 SI9 .00 129 5150.00 SL9354,00 . 5150 00 39,0 19" RCP L.F. 393 5160.00 fG 560.00 371 5160.00 559.360.00 . xi .00 44.0 Stormwua Type "C" Inlet with Castiag 13A 2 SS 000.00 St0 000.00 2 55,000 00 510 000 00 50 00 41.0 Srormweta4' D'm. Manlak EA 2 SS 00.00 S1 t.000.00~ 2 . $5 .00 , . SI 1000 00 . 50.00 42.0 Stormwater "C" Ielet ux FA 2 S9 000.00 19.000.00 1 S9 000.00 . 19000 00 SD 00 - 43.0 Okt P.xistmg Slorrowua Piping & 1rora0 new 4'Dia~meta LKmhok LS. 1 SS 500.00 58,300.00 0.30 S8 00 . S4 50 60 . T4 50 00 44.0 Coro llok Drama a lalel F.A 2 51000.00 52.000.00 1 . SI 000.00 . Sl .00 . SI 000 00 45.0 R,amove E ' lY RCP LF, ""25 5?5.00 56?5.00 23 525,00 5575.00 . 550.00 46.0 Remove E ' ' 18" RCP L.F. 16 540.00 5660.00 16 540,00 $640 00 50 00 47.0 Rmmve Exatin French Drsm ~ EA 1 Sl .06 51 500.00 ~ 1 51300 00 . 51 500 00 . 16 00 48.D limwvo ~ Cetrhl3sain EA 1 57s0.0o 1750.00 1 . S7s0.00 . . 5760.00 . SO.GO S:1EngAdminlProJscts12005120p5-053~OFFICW.1Chp2 Shce~le A FEn91 GC 05p1Q7xts SCHEDULE"A" 'FO CHANGE ORDER NO.1 ! B[rFAL CHAZ EQUIPMENT COMPANY, INC. SEASAGE DRIVI; / A(E~_Ay.r.UCAROAD /OLEANDER LANE Wl!7tASTRUCTURE IMPROVEMENTS P/N 20D5-053 UANT AD7. +/- to.oo 53.825.00 53000.00 50.00 549.375.60 S[4 757.3 50.00 20.00 TOTAL ORIGINAL CONTRACT AWARD S1,i2e,755.80 OflglnslContractAward Si,i26,755.00 Prevbuety Approved Changes So.00 Tote) Awar+dlAppnmd to Date 51,12G,75S.00 Final Corttracfto Date 5494,788,50 CHANGE ORDER N0.1 /FINAL. (;139,886.50) S994,788.50 (Si3~,966~6) S:1EngAdminUNObcts1200512005.05310FFtCIALIChaz ScAedWe A Flna] GC 050407xts Agenda Item No.; ~• A~3ENDA REQUEST Request to be placed on: Consent Agenda X Regular Agenda Special Agenda Workshop Agenda DATE: April 23, 2007 WHEN: MAY 1.2007 Commissfon Me®ting Description of item (who, what, where how much): This item is before the Commission to approve a Contract Closeout (Change Order No. 1/i=final} in the net deduct amount of (-$131,968.50) and final payment in the amount of $'ttf2,433.85 to Chaz Equipment Company, Inc. for completion of the Seasage Drive, Metaleuca Road, Oleander Lane Infrastruc#ure improvements Project. Background The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. Aii changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. Residual funds to be liquidated from Purchase Order #640806 to funding account ''~'i~~$8,35 (Storm Water Utility Fund/Other Improvements/Seasage/Melaleuca/Oteander) ORDINANCElRESOLUTION REQUIRED: NO Recommendation: Staff recommends approval of a Contract Closeout {Change Order No. 11Final} in the net deduct amount of {-$131,966.50} and final payment in the amount of $102,493.85 to Chaz Equipment Company, Inc. for completion of the Se age Drive, M laleuca Road, ander Lane Infrastructure Improvements Project. Department Head ~ Signature: `' __ ~ Z,~'- a~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable} Budget Director Review (required on ail items involving expenditure of funds}: Funding available N/A Funding alternatives N/A (if applicable) Account No. ~ Desa-iption: City Manager Review: Approved for agenda:~0 Hold Until: Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved s:+~Nam~uw~iaa~a~xoas-as~o~[c,[~rsa~ co ~ rm,u nyam way cc osoim.a« MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: VICTOR MAJTENYI, DEPUTY DIRECTOR OF PUBLIC UTILITIES THROUGH: CITY MANAGER DATE: APRIL 24, 2007 _ _ SUBJECT: AVL' l~ILH 111'rlrl ft • LLJ - iWVVa.~caa~ a~aaJ++iia~v_va ..a~a= a, ~~~ CONGRESS AVENUE CORRIDOR INFRASTRUCTURE STUDY, PIN 2007-041 SERVICE AUTHORIZATION #12 TO MATHEWS CONSULTING, INC. ITEM BEFORE COMNIISSION Service Authorization #12 to Mathews Consulting, Inc. in the amount of $63,251.00 for professional engineering services for reviewing and evaluating the City's existing water distribution system, wastewater transmission system, and reclaimed water system along the Congress Avenue Corridor. Due to changes in land use along the corridor from commercial to mixed residentiaUoffice/commercial, areview and capacity analysis needs to be made of existing infrastructure in preparation for new projected demands. BACKGROUND The City has changed the land use along Congress Avenue corridor to a Mixed Residential/Office/Commercial. The boundary of the corridor is from West Atlantic Avenue on the north, the C-15 Canal to the south, I-95 on the east, and just west of Congress Avenue on the west. Under this service authorization, the consultant will review and analyze the capacity of the City's existing water distribution system to incorporate projected water demands, wastewater transmission system and lift station capacities to incorporate anticipated wastewater generation rates, and the reclaimed water model to include anticipated irrigation demands to the area. The consultant will prepare planning level construction cost estimates for required infrastructure improvements/upgrades identified in the study. Cost of services under Service Authorization # 12 is $63,251.00. FUNDING SOURCE Funding is proposed from account #441-5181-536-3 i .90, Water & Sewer Fund/Other Professional Services after a budget transfer. RECOMMENDATION Staff recommends approval of Service Authorization # 12 to Mathews Consulting, Inc. in the amount of $63,251.00 for professional services relating to the Congress Avenue Corridor Infrastructure Capacity Study, project number 2007-041. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 12 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. TITLE: Congress Avenue Corridor Infrastructure Study This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting_En ing eerin~ Services I. PROJECT DESCRIPTION The City of Delray Beach has established a Mixed Residential, Office and Commercial (MROC) District along the Congress Avenue Corridor for the purpose of encouraging office and workforce housing uses. The Corridor area is bounded by West Atlantic Avenue on the north, the C-15 Canal on the south, I-95 on the east and generally Congress Avenue on the west together with the Congress Park, Congress Park South and the Office Depot complexes located just west of Congress Avenue. The project study consists of providing engineering services related to a review of City's existing water distribution system, wastewater transmission system and reclaimed water system and the ability to serve the proposed uses. Specifically, the Consultant shall: (1) analyze the existing potable water model to incorporate the projected water demands based upon the changed uses in the study area, (2) review the existing sanitary lift station and forcemain capacities with the anticipated wastewater generation rates, (3) analyze the existing reclaimed water model to include service to the study area based upon anticipated irrigation demands, (4) prepare planning level construction cost estimates for the required improvements identified in the analyses, (5) prepare a study report outlining the findings, and (6) provide internal QA/QC services. II. SCOPE OF SERVICES Consultant shall provide preliminary design phase services in accordance with Article III.A of the Agreement for Engineering Services with the City, dated March 16, 2004. Mathews Consulting Inc. Page 1 of 8 Service Authorization # 12 Task 1 -Analysis of New Demands -Potable Water Hydraulic Model Consultant shall be provided with the listing of the current land use, parcel acreage, planning data, and growth projections for the existing facilities within the study area by property control number or address identification. 2. Consultant shall meet with the City planning department staff to discuss the projections and planning data prepared by the staff. 3. City shall provide the latest electronic version of the potable water hydraulic model. 4. City shall provide the water consumption billing data for the prior 12- month period in Microsoft Excel® format for the customers within the study area, including customer type (residential, commercial, etc.), customer address, property control number, and monthly water consumption. 5. Consultant shall review the potable water demand assumptions from original water hydraulic model and make adjustments based on projected conversion of 100% of the uses from their current use to a MROC use and a 20 year planning period. 6. City shall provide the map of the study area which indicates the boundary of the study area, and parcel boundaries overlaid on an aerial, in electronic format (City map reference LMA198). 7. Line sizing and minimum system pressure requirements will be reviewed for the revised demands. 8. Areas of deficiency will be identified and recommendations made for improvements. Task 2 -Analysis of New Generation Rates -Lift Stations and Forcemain Capacity 1. The City shall provide to the Consultant all available record drawings, pump curves, impeller number, pump model numbers, motor horsepower, and design operating point for sanitary lift station numbers 23, 27, 41, 35, 29, 35A, 50, 53A and the private station on the east side of Congress Avenue, south of Germantown Road. City will also provide pump run times and pressure data at each lift station. These stations are identified as those which directly serve the study area. 2. Consultant will conduct draw-down tests to confirm current operating flows. Mathews Consulting Inc. Page 2 of 8 Service Authorization # 12 3. Consultant shall meet with the City utility department staff to discuss operational issues with regards to the utility systems, (e.g. wastewater systems). 4. The City shall also provide the average flow rates for station numbers 35B, 52/53, 59/59B/59C/59D and the private station at Whispering Oaks Lane and Germantown Road, 106, 28, 107, private LS at NW 18t Ave., 83, 84, 81 and 93. The flow rates are also required for stations 56, 58, 51, 57, 57A, 57B, S1B, 59E, 60, 61A, 61B and the private station at Atlantic and Markland Lane unless these stations are re-pumped by station 50. These stations pump to the manifolded forcemain system between the study area and the treatment plant. Information will be required for additional stations if the 18" and 14" forcemains shown on the City atlas map, connect to the 20" forcemain at Lake Ida Road and Congress Avenue. 5. Wastewater generation rates will be estimated for each of the station service areas assuming 100% use conversion and compared to the existing station and forcemain capacity. A 20 year planning period will be assumed. A hydraulic model using the Haestad WaterCad® computer modeling program, shall be developed for the lift stations and forcemains serving the study corridor. The model shall be run with existing and proposed wastewater generation rates. Note: a gravity collection system model will not be developed. 7. Areas of deficiency based upon capacity limitations will be identified and recommendations will be made for improvements to the wastewater transmission system. Task 3 - Analysis for Additional Service Area -Reclaimed Water Hydraulic Model For each of the parcels of land within the study area, Consultant shall estimate the reclaimed water usage based upon a review of the pervious area from aerial maps and standard irrigation application rates. 2. Consultant shall identify potential reclaimed water main routing and pipe sizing from the existing reclaimed water main along Homewood Boulevard. This task shall include a corridor analysis of routing alternatives with verification of utilities based on review of available water, sewer and drainage atlas maps and review of visible above-ground features. The corridor analysis shall consider City, County, and LWDD right-of--ways (ROWS) for pipe routing. This task will evaluate space and alignment feasibility only within the ROWS, and shall not include negotiation with the agencies for actual use of the ROW. Mathews Consulting Inc. Page 3 of 8 Service Authorization # 12 3. Consultant shall perform hydraulic modeling of routing alternatives using Haestad WaterCad® computer modeling program. Modeling shall be run to confirm pipe sizing and delivery pressure requirements to serve the study area. Task 4 -Planning Level Cost Estimating 1. Consultant shall prepare a planning level construction cost estimate for the potable watermain, sanitary lift station and forcemain, and reclaimed watermain improvements required due to the change in land use within the Congress Avenue Corridor study area. The costs will include required new construction and required upgrades to existing facilities. Cost estimates will assume that all improvements will be within City-owned property or within public easements or rights-of--way and therefore no land acquisition or easement acquisitions will be required. Task 5 - Study Report Preparation I. Consultant shall prepare a Study Report summarizing the activities performed and results obtained from Tasks 1-3, and the cost estimates for required improvements. Four (4) copies of the draft Study Report shall be provided to the City for review. 2. Upon receipt of comments from the City, six (6) final copies of the Study Report shall be submitted to the City. Task 6 - QA/OC Consultant shall provide internal QA/QC reviews on the above tasks. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide the following information to the Consultant within two (2) weeks of NTP: a. Current land use, parcel acreage, planning data, and growth projections for the existing facilities within the study area by property control number or address identification. b. Latest electronic version of the potable water hydraulic model. c. Water consumption/billing data for the prior 12-month period. Mathews Consulting Inc. Page 4 of 8 Service Authorization # 12 d. Map of the study area in electronic format (City map reference LMA198). e. Wastewater lift station record drawing information, run times and pressure data as listed in Task 2.1. £ Wastewater lift station pump information and design operating point data as listed in Task 2.4. 2. Scope of services assumes the existing computer hardware and software are acceptable for continued use of the potable water hydraulic model. Upgrades to hardware or software are not included in this service authorization. 3. Analysis of the lift station and forcemain system includes the Congress Avenue Corridor study area which pumps to LS #50. An analysis of stations pumping from the west into LS #50 is not included and an analysis of stations downstream of LS #50 is not included with the exception of LS #27 and LS #41. 4. The analyses will be completed assuming 100% transition of uses within the study area over a 20 year planning period. No analysis will be done for an intermediate or partial condition of use transition. 5. The recommended improvements will be based solely on insufficient capacity. The condition of the facilities will not be considered. 6. Model analysis of the potable water system assumes Consultant concurrently working on the Water Model Update (2007) project and that the model software and computer has been provided to Consultant for our use. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to water, wastewater and reclaimed water master planning of the study area. These additional services may be required due to uncertainties discovered during execution of the scope listed above. 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 issued shall contain the following information and requirements. A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. A time established for completion of the work. Mathews Consulting Inc. Page 5 of 8 Service Authorization # 12 III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Engineering Services Time per Task Cumulative Time Task 1 -Potable Water 5 weeks 5 weeks Task 2 -Lift Stations &Forcemains 6 weeks 11 weeks Task 3 -Reclaimed Water 4 weeks 15 weeks Task 4 -Cost Estimating 3 weeks 18 weeks Task 5 -Study Report 5 weeks 23 weeks Task 6 - QA/QC ongoing VI. COMPENSATION The compensation for services provided 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. Refer to Attachment A for budget summary. Eneineerine Services Estimated Fees Task 1 - Potable Water $ 11,844.00 Task 2 - Lift Stations &Forcemains $ 25,504.00 Task 3 - Reclaimed Water $ 8,227.00 Task 4 -Cost Estimating $ 4,568.00 Task 5 -Study Report $ 11,24$.00 Task 6 - QA/QC $ 1,260.00 Reimbu rsable Expenses $ 600.00~1~ TOTAL PROJECT COST $ 63,251.00 Notes: ~'1 Out-of-Pocket Expenses include the following: printing/reproduction and postage Mathews Consulting Inc. Page 6 of 8 Service Authorization # 12 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or Service Authorization, the City may terminate the contract without incurring any further liability. The Consultant shall commence work on the Service Authorization approved by the City and to be included as part of the Contract between the City and the Consultant, without a notice to proceed. This Service Authorization, upon approval, shall become part of and be governed by the Contract between the City and Consultant dated March 16, 2004. Approved by: CITY OF DELRAY BEACH: MATHEWS CONSULTING, INC. Date: Rita Ellis, Mayor Date: Rene Mathews, P.E., President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2007 by Rene Mathews, President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking Acknowledgement Mathews Consulting Inc. 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F: d I f F f '. ~ I '~ ~ ' ` ~# 3 ~ m Z rn A a C L U Q City of Delray Beach Budget Transfer Form (7) Departmental Line Transfer (2) Dale: 25 Apr 07 (3) Interfund/Interdepartmental Transfer (4) Batch Number: (5) Requested By: Victor Majtenyi, Dep. Dir. Of Public Utilities PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8} TRANSFER OUT (9) TRANSFER IN 441-5181-536.34-85 441-5181-536-31.90 Water and Sewer Fund/ SCRWTDB -South Cenfiral Rreaionai Water and Sewer Fund/ WAS Transmission-Storage/Other Professional Services $64,000.00 64,000.00 $64,000.00 $64,000.00 JUSTIFICATION: Funding for Service Authorization #12 to Mathews Consulting for review and capacity analysis of existing infrastructure along the Congress Avenue Corridor to accommodate increases in projected service demand due to the revised land use: Department Head Budget AdminisErator ~-Z-~-°~ Finance Director City Manager (17) Budget Revision Date (13) Period (12) Confrol Number (14) Count ORIGINAL-BUDGET CANARY-PROJECT FILE PINK-DEPARTMENT Agenda Item No. AGENDA REQUEST Request to be placed on: --X--Regular Agenda Special Agenda Workshop Agenda Date April 24~, 2007 When: May 9.2007 Description of item (who, what, where, haw much): Approval Service Authorization #12 to Mathews Consulting, Inc. in the amount of $63,251 for professional services relating to the Congress Avenue Corridor Infrastructure Study. The boundary of the corridor is from West Atlantic Avenue on the north, the C-15 Canal to the south, I-95 on the east, and jus# west of Congress Avenue on the west. The City has changed the tand use along Congress Avenue corridor to a Mixed Residential/Office/Commercial. Service Authorization #12 is for reviewing and analyzing the can-idor's existing water distribution system, wastewater transmission system, and reclaimed wa#er system along the corridor in preparation for new projec#ed demands from the change in land use. A final report will be submitted to the City identifying areas requiring infrastructure Jmprovements andlor upgrades with associated planning level construction cost es#imates. Funding is proposed from Account #441-5181-536-31.90, Water and Sewer Fund/ Other Professional Services after a budget transfer (attached). ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Service Authorization #12 to Mathews Consulting, Inc. in the amount of $63,251.00 for professional servic~s`tpiating to the Congres~kv~nue Corridor Infrastructure Study, P/N 2007-041. / J /-1 ,. ~ ~ f Department head signature: S ~~ L _C~P~d-~.~ LYL~ ~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation 'rf applicable): Budget Director Review (re on all items involving expenditure of funds): Funding available: ES O (see abovel L'~ Funding alternative 'applicable): Account No. & Description ~~~~ - S~ l -S 3~ 3~-~i~ G~~~' -_cSS~ Account Balance ~~ ~,~~ ~k~ City Manager Review: Approved for agenda:~0 Hold Until: l~ Agenda Coordinator Review: Received: Placed on Agenda: _ Action: Approved/Disapproved S:1EngAdmin~Projects~2007~2007-04110FFICIAilAgnda Req SA 12 Mathews OS.41.07_doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: CITY MANAGER DATE: 26 APR 2007 SUBJECT: AGENDA ITEM # [7. V -REGULAR MEETING OF MAY 1.200' YEAR 2007 TRANSPORTATION ENHANCEMENT APPLICATION CYCLE FY 2008/2009 - 2012/2013 TENTATIVE WORK PROGRAM PROJECT # 2007-035 ITEM BEFORE COMMISSION The attached agenda item is for Commission approval/authorization for Mayor to sign two applications for Year 2007 Transportation Enhancement Application for funding that will be available in FY 2012-2013. BACKGROUND The first application, priority 1, will be for the construction of bicycle lanes on Homewood Blvd from Lowson Blvd to Old Germantown Road. This project is a continuation of bike lanes on Homewood Blvd. The first phase will be constructed with a grant received this year. Priority 2 will be for the construction of sidewalks and bicycle lanes on NW 2°d St from NW 5~' Ave to N Swinton Ave. Maximum allowable grant award per project is $750,000.00. FUNDING SOURCE These projects will be included in the City's CIP after grant award is confirmed are as follows: Project Grant Request Homewood Blvd -Old Germantown to Lowson $750,000 Martin Luther King, Jr. Drive-NW 5th Av to N Swinton $450,000 RECOMMENDATION Staff Recommends approval. Estimated costs Total Cost $875,500 $450,000 U:lwwdatalagendalAgenda Memos 5.1.072007-OS-O1 agenda memo FINAL.doc N~ L,L.. O CtS 0 0 -~ ~~j1 0 O O 0 .~ V ~ ~ ~ _ ~O V L O. J ___ s --.. _. ___ - .. ,. .. , _. _ , m _. ~ o ._ ..I P~'18 poonnau~oH ~ _. .` . _... .. .. 4Y . . _.. _O' ~ ... ®. .: ~. N.: 0 ~: ~' ~: ~.. _ ~: ..~. ~- .. _ ~ ~^ ~. HI - N: H .. - ...p U f~ a~ 00 a t~ 1 1 O 0 N N STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION APPLICATION FOR TRANSPORTATION ~2c~o~ ENHANCEMENT PROJECTS Page 1 of 3 Project Title: Homewood Blvd Bicycle Lanes - Lowson Blvd. to Old Germantown Rd. Project Sponsor (municipal, county, state, or federal agency, or tribal council): City of Delray Beach Contact Randal L. Kre'tcarek, P.E. Title City Engineer Address 434 South Swinton Avenue Delray Beach, FL 33434 Phone 561-243-7322 FAX 561-243-7314 Priority (relative to other applications submitted by the Project Sponsor). #1 Priority Name of Applicant {If other than Project Sponsor): 1. Qualifying Enhancement Activities: Check the enhancement activity that the proposed project will address. (NOTE: Checking all activities possible does not ensure or increase eligibility. Each activity checked mus# meet all criteria listed for that activity in Appendix A of FDOT Procedure #525-030-300 j, Transportation Enhancement Projects). X Provision of facilities for pedestrians and bicycles The provision of safety and educational activities for pedestrian and bicyclists Acquisition of scenic easements and scenic or historic sites Scenic or historic highway programs, (including the provision of tourist and welcome center facilities) X Landscaping and other scenic beautification Historic preservation"` Rehabii"rtatlon of historic transportation buildings, structures or facilities (including historic railroad facilities and canals)* Preservation of abandoned railway corridors {including the conversion and use of the corridors for pedestrian or bicycle trails) inventory, control and removal of outdoor advertising Archaeological planning and research** Environmental mitigation to address water pollution due to highway runoff or reduce vehicle- caused wildlife mortality while maintaining habitat connectivity Establishment of transportation museums 43/2007 Page 2 of 3 2. Project Description: Use additional sheets as necessary to respond to the following: (a) Describe how the proposed project is related to the intermoda! transportation system by either function, proximity or impact. (One ar more may apply). This project provides continuous bicycle lanes from Lowson Blvd to Old Gernranfown Road continuing the link fo be built with 2007--21708 Enhancement funds. This project is part of a phased program to further the goals and objectives of the Delray Beach Pedestrian Bicycle Task Team report. (b) Where is the project located (and what are the termini, if appropriate)? Include a detailed scope of services and location map. {aerial pre#erred or plan view) This project is located on Homewood Blvd between Lowson Blvd. and Old Gem-antown Rd. See attached Exhibit A (c) Summarize any special characteristics of project. Provide typical section drawings for appropriate projects. Include right of way lines on the typical section drawings. See attached Exhibit B. (d) Describe the project's existing right of way ownerships. This desa-iption shall identify when the right of way was acquired and how ownership is documented (i.e. plats, deeds, prescrtptions, certified surveys). Homewood Blvd right-of-way is owned and maintained by the City of Delray Beach. Homewood Blvd was annexed into the City in 1988. (e) Describe any proposed right of way acquisition, including expected matching fund source, limitations on fiund use or availability, and who will acquire and retain ownership of proposed right of way. This project will be constructed within existing city owned rights-of--way. The rrghf-of-way on Homewood Blvd is 80 feet, which will provide enough roam to add the bicycle lanes. (f) Describe any related project work phases that are already complete or currently underway. Funding for bike lanes on Homewood Blvd from W Atlantic Ave to Lowson Blvd will be made available in July 2007. This project was awarded under a previous TEA-21 grant application. (g) Other speafic project information that should be considered. This project will complete the bicycle connect between W Atlantic Ave and Old Germantown Road. The purpose of fhis connection is to provide bike lanes fo Atlantic High school as well as to Orchardview Elementary School and Onhardview Park. 3. Project Implementation Information: Attach documentation as exhibits to this application. (a) Describe the proposed method of performing (i.e: contractor in-house) and administering (i.e. local or state) each work phase of the project. If it is proposed that the project be administered by a governmental entity other than the Department of Transportation, the agency must be certified to administer Federal Aid projects in accordance with the department's Local Agency Program Manual (topic no. 525-090-300). Web site: www. dot. state.ff . u s/projectmanagementoffice/lap/defa ult. htm This project wi11 be designed utilizing a consultant qualified to design to FDO7 standards. The City is currently pre-qual~ed to oversee FDOT design projects on aproject-by-projecf basis. Cansfruction contract will be bid and construction administration will be handled by the City. The City is pre-qualified to administer FDOT construction contracts. (b) Describe any public (and private, if applicable} support of the proposed project. {Examples include: written endorsement, formal declaration, resolution, financial donations or other appropriate means). The Cify Commission provided approval and authorization for the Mayor to sign this application on 09 May 2007. City matching funding wi/1 be provided in the appropnate year via the City's Capital Improvement Program. {c) Describe the proposed ownership and maintenance responsibilities for the project when it is completed. This projecf will be owned and maintained by the Cify. (d) Describe source of matching funds and any restrictions on availability. City matching funding will be provided in the appropriate year via the City's Capital Improvement Program. (e) Other speafic implementation information that should be considered. None 3!2007 Page 3 of 3 4. Project Cost: Reminder: District IV FDOT Enhancement Funds will only be used to fund Construction and Construction Engineering and Inspection Activities. The total amount of Enhancement funds requested per project must now be in excess of $200,000. What is the total estimated cost of work to be funded using enhancement funds? Construction $ 850,000.00 Construction Engineering and Inspection Activities $ 25;500.00 TOTAL: $ 875.500.00 How will the project be funded? FDOT Enhancement Funds $750.000.40 + Local $125.540 =Total $875,500.00 FDOT Enhancement Funds 85.7 % + Loca! 14.3 % = 100% CERTIFICATION OF PROJECT SPONSOR I hereby certify that the proposed project herein described is supported by (municipal, county, state or federal agency, or tribal council) and that said entity will: (1 }provide any required funding match; (2) enter into a maintenance agreement with the Florida Department of Transportation; (3) *comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions required for the project, (4) *'comply with NEPA process prior to construction, this may involve coordination with the State Historic and Preservation Office (SHPO} prior to construction. (Not at time of application) and (5) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs included herein are reasonable and understand that significant increases in these costs could cause the project to be removed from the Florida Department of Transportation work program. Signature Name (please type or print) Title Date ~ ~ V .~ o ~ L G. J ~ j - :_:- . _- ._ „_. - m ~ .. ... _. . __ .~ ~ ~ ~ ~ _ L. z {~ any 'uo~uian5 N D? J .~ O Q} ~ ~ . _. _, . ~ _! > Q .. .~ ~ - 4 - W ~'. ~ ~I~ 7 .L~ ~ ~ ... ... C O: _ _ ~ ~~'. .,: . vl4 'd~,~MN..: .. .... - .. .:. - - .u, _ _ .._ .,.. .. fir . . ~ N. S N .-- 1 _~ t U c~ as m a~ 0 Q N N STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION APPLICATION FOR TRANSPORTATION s~2oo7 ENHANCEMENT PROJECTS Page 1 oi3 Project Title: NW 2"d Street Beautification and Sidewalk Project Project Sponsor (municipal, county, state, or federal agency, or tribal council): City of Delray Beach -Community Redevelopment Agency i'CRA} Contact Randal L. Krejcarek, P.E. Title Cit~Engineer Address 434 South Swinton Avenue4 Delray Beach, FL 33434 Phone 561-243-7322 FAX 561-243-7314 Priority (relative to other applications submitted by the Project Sponsor). #2 Priority Name of Applicant (If other than Project Sponsor): 1. Qualifying Enhancement Activities: Check the enhancement activity that the proposed project will address. (NOTE: Checking alt activi#ies possible does not ensure or increase eligibility. Each activity checked mus# meet alt criteria listed for that activity in Appendix A of FDOT Procedure #525-030-300y, Transportation Enhancement Projects). X Provision of facilities far pedestrians and bicycles The provision of safety and educational activities for pedestrian and bicyclists Acquisition ofi scenic easements and scenic or historic sites Scenic or historic highway programs, (including the provision of tourist and welcome center facilities} X Landscaping and other scenic beautification Historic preservation*" Rehabilitation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals)* Preservation of abandoned railway corridors (including the conversion and use of the corridors for pedestrian or bicycle trails) Inventory, control and removal of outdoor advertising Archaeological planning and research"" Environmental mitigation to address water pollution due to highway runoff or reduce vehicle- caused wildlife mortality while maintaining habitat connectivity Establishment of transportation museums o3/ZOO~ Page 2 of 3 2. Project Descrip#ion: Use additional sheets as necessary to respond to the following: (a} Describe how the proposed project is related to the intermodai transportation system by either function, proximity or impact. (One or mare may apply). This project provides continuous bicycle lanes from Lowson Blvd to Old Germantown Road continuing the link to be built with 2007-2008 Enhancement funds. This project is part of a phased program to further the goals and objectives of the Delray Beach Pedestrian Bicycle Task Team report. {b} Where is the project located (and what are the termini, if appropriate}? Include a detailed scope of services and location map. (aerial preferred or plan view) This project is located on Martin Luther King, Jr. Drive between NW 5"' Avenue and Swinton Avenue (See attached Exhibit A) (c} Summarize any special characteristics of project. Provide typical section drawings for appropriate projects. Include right of way lines on the typical section drawings. See attached Exhibit B. {d} Describe the project's existing right of way ownerships. This description shalt identify when the right of way was acquired and how ownership is documented {i.e. plats, deeds, prescriptions, certified surveys). This project will be constructed wifhin exisfing cify owned rights-of--way. The right-of-way on MLK Blvd is 50 feet, which will provide enough room to add the bicycle lanes and sidewalks. (e) Describe any proposed right of way acquisition, including expected matching fund source, limitations on fund use or availability, and who will acquire and retain ownership of proposed right of way. x None (f) Describe any related project work phases that are already comple#e ar currently underway. NW/SW 5t'' Ave, the wesfem leg of the Cultural Loop, was recently completed. (g) Other specific project information that should be considered. This project is part of the connection between fhe Delray Beach Community Center and Pompey Park. Fufure phases will continue this project west fa Pompey Park. 3. Project Implemen#ation In#ormation: Attach documentation as exhibits to this application. {a) Describe the proposed method of performing {i.e. contract or in-house) and administering (i:e. local or state) each work phase of the project. if it is proposed that the project be administered by a governmental entity other than the Department of Transportation, the agency must be certified to administer Federal Aid projects in accordance with the department's Local Agency Program Manual (topic no. 525-010-300). Web site: www.dot.state.fl. us/projectmanagementoffice/lap/default. htm This project wilt be designed utilizing a consultant qual~ed to design to FDOT standards. The project is not within FDOT rights-of--way and design is not subject to review and approval by FDOT. Consfruction contract will be bid and construction administration will be handled by the Cify. The City is pre-qualified to administer FDOT construction contracts. {b) Describe any public (and private, if applicable) support of the proposed project. (Examples include: written endorsement, formal declaration, resolution, financial donations or other appropriate means}. The City Commission provided approval and authorization for the Mayor to sign this application on 07 May 2007. {c) Describe the proposed ownership and maintenance responsibilities for the project when it is completed. This project will be owned and maintained by the Cify. (d) Describe source of matching funds and any restrictions on availability. No mafching funding required for this projecf. (e) Other specific implementation information that should be considered. None X007 Page 3 of 3 4. Project Cost: ''Reminder: District IV FDOT Enhancement Funds will only be used to fund Construction and Construction Engineering and Inspection Activities. The total amount of Enhancement funds requested per project must now be in excess of $200,000. What is the #otal estimated cost of work to be funded using enhancement funds? Construction $ 435,000.00 Construction Engineering and Inspection Activities $ 15,000.00 TOTAL: $ 450.000.00 How will the project be funded? FDOT Enhancement Funds $ 450,000.00 + Local $ 0.00 =Total $ 450.000.00 FDOT Enhancement Funds 100 % + Local 0 % = 100% CERTlF[CATION OIF PROJECT SPONSOR I hereby certify that the proposed project herein described is supported by (municipal, county, state or federal agency, or tribal council} and that said entity will: (1 }provide any required funding match; (2) enter into a maintenance agreement with the Florida Department of Transportation; (3) *comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions required for the project, (4) **comply with NEPA process prior to construction, this may involve coordination with the State Historic and Preservation Office (SHPO) prior to construction. {Not at time of application} and {5) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs included herein are reasonable and understand that significant increases in these costs could cause the project to be removed from the Florida Department of Transportation work program. FOf~ ~O'1' `~:TSE ONLY I YES NO ApplicationComplete Project E fgibte Implementation Feasible I~clode i~a Work Progrann Signature Name (please type or print} Title Date Date: 26 A r 2007 A ENDA IT N y p G EM UMBER i AGENDA REQUEST Request to be placed on: X Consent Agenda ,T...,Regular Agenda .Workshop Agenda -Special Agenda When: O1 Mav 2007 Description of Agenda Item (who, what, where, how much): This agenda .item is for Commission approval/authorization for Mayar to sign applications for Transportation Enhancement funding that will be available in FY 2012-2013. The following two projects will be submitted: Project Grant Request Total Cost Homewood Blvd-Old Germantown to Lowson $750,000 $875,500 MLK Jr. Drive-NW 5th Av to N Swinton $450,000 $450,000 Staff Recommendation: Department Head Signature: City Attorney Review/Recommendation (if applicable): ,'P,6 "` q '~' Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: es / No Initials: Hold Until: Agenda Coordinator Review: (if applicable} Received: S:\EngAdmin\Projects\2007\2007-035\OFFICIAL\2007-05-O1 agenda request.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST ~" 1 PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~~ THROUGH: CITY MANAGER DATE: APRIL 24, 2007 SUBJECT: AGENDA ITEM # V • ~ -REGULAR MEETING OF MAY 1 LEMONGRASS IN-LIEU OF PARKING FEE PAYMENT AGREEMENT ITEM BEFORE COMMISSION The item before the City Commission is to consider a request from the landlord of Lemongrass Restaurant to enter into an in-lieu of parking fee payment agreement for in-lieu of parking spaces approved at the City Commission meeting of October 17, 2006. BACKGROUND At the meeting of October 17, 2006, City Commission approved a request from Lemongrass Restaurant for the purchase of two (2) in-lieu parking spaces, at a cost of $15,600 each, totaling $31,200 to accommodate a conversion of use from retail to restaurant use. At the time of approval, as a tenant of the property, the applicant was required to pay the in-lieu fee in full upon issuance of a building permit. Pursuant to the attached letter, the owner of the property is requesting to enter into an In-Lieu of Parking Fee Payment Agreement on behalf of his tenant, Lemongrass Restaurant. Considering that in-lieu of parking spaces are approved for properties in perpetuity, thereby benefiting the property owner more than the tenant, staff recommends approval of the applicant's request. REVIEW BY OTHERS Given the nature of the request, this item has not been presented to other Boards. RECOMMENDATION By motion, approve the applicant's request to enter into an In-Lieu of Parking Fee Payment Agreement on behalf of his tenant, Lemongrass Restaurant. Attachment: Letter of Request :T~ORN~~~ ~T Lf~~,/~?~ The Clark House 102 North Swinton Avenue Delray Beach, FL 33444 Telephone: (561) 265-2686 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com II~iGHAEL S. yNEiNER CAROLEJ.ARONSON April 10, 2007 Mr. Scott Aronson Parking Management Specialist City of Delray Beach 100 N.W. 1st Avenue Defray Beach, Florida 33444 Re: Lemongrass In-Lieu Parking Our File No.: LEMG002 Dear Scott: JASON S. MANKOFF KERRY ®. SAFiER SHAYNA ~Gl. REiT~liAN Via Hand Delivery I am writing on behalf of our client, JHB Florida Properties, LLC, who is the owner of the property located at 420 E. Atlantic Avenue in which Lemongrass Restaurant is a tenant. As you are aware, two (2) in-lieu parking spaces were approved by the City Commission on October 17, 2006. Please consider this letter our official request to enter into an !n-Lieu of Parking Fee Agreement ("Agreement') with the Gity pursuant to City of Delray Beach Land Development Regulation 4.6.9(E)(3) for these two (2) in-lieu parking spaces. I will forward you this first payment in the amount of Fifteen Thousand Six. Hundred Dollars ($15,600.00), which is fifty percent (50%) of the total in-lieu fee of Thirty One Thousand Two Hundred Dollars ($31,200.00) upon your approval. I understand that the second installment payment in the amount of Seven Thousand Eight Hundred ($7,800.00) will be made on the first anniversary of signing the Agreement while the third installment, also in the amount of Seven Thousand Eight Hundred Dollars ($7,800.00), will be paid upon the second anniversary date of the signing of the Agreement. Please send me a draft of the Agreement to be executed to finalize #his matter. If you should have any questions, please call me. Very tru y yours, J on S. Mankoff ~'~ JSM: ek Cc: Daroi~ R. Tersakyai'~, Esq. Mr. Art Piyavichayanon Michael S. Weiner, Esq. Ms. Ashlee L. Vargo Q;tl FR9G002~Letter to Cron Aronson re Parkins Agreement. April 10. 2007.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST ~ PAUL DORLING, A-CP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: APRIL 25, 2007 LL~ SUBJECT: AGENDA ITEM #~. L CITY COMMISSION -CONSENT AGENDA MELLOW MUSHROOM IN-LIEU OF PARKING FEE PAYMENT AGREEMENT ITEM BEFORE COMMISSION The item before the City Commission is to consider a request from Mellow Mushroom to enter into an in-lieu of parking fee payment agreement for in-lieu of parking spaces approved at the City Commission meeting of November 21, 2006. BACKGROUND At the meeting of November 21, 2006, City Commission approved a request from Mellow Mushroom for the purchase of seven (7) in-lieu parking spaces, at a cost of $15,600 each, totaling $109,200 to accommodate an expansion of the Vitorio's Restaurant to accommodate an upscale pizzeria. At the time of approval, as a tenant of the property, the applicant was required to pay the in-lieu fee in full upon issuance of a building permit. Subsequent to the approval the applicant has purchased the property and would now like to pay the in-lieu fee via an in-lieu of parking fee agreement in accordance with Land Development Regulations (LDR) Section 4.6.9(E)(3)(d). REVIEW BY OTHERS Given the nature of the request, this item has not been presented to other Boards. RECOMMENDATION By motion, approve the request from Mellow Mushroom to enter into an In-Lieu of Parking Fee Payment Agreement in accordance with Section 4.6.9(E)(3)(d) of the LDR which allows a property owner to pay 50% of the total fee upon signing of the agreement and 25% on the second and third anniversary of the agreement date. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Rebecca S. O'Conner, Treasurer THROUGH: CITY MANAGER~~ DATE: Apri127, 2007 SUBJECT: AGENDA ITEM # ~~ r -REGULAR MEETING OF MAY 1.2007 REIMBURSEMENT RESOLUTION ITEM BEFORE COMMISSION Reimbursement Resolution #32-07 BACKGROUND Resolution #32-07 declares the official intent of the City Commission to reimburse, from subsequent borrowing, certain temporary advances of funds made for capital expenditures. The City will be reimbursing expenses relative to various parks, the Old School Square Parking Garage, the Environmental Services building and the Intracoastal Park (Mangrove Park) from a proposed Utility Tax Bond Issue. We are required by the Internal Revenue Service to issue a Declaration of Intent if expenses are incurred for capital projects prior to receiving funding from a bond issue. Tax law requires that a declaration be made within 60 days of the first expense relative to project construction or asset acquisition. This declaration falls within the 60 day period and, therefore, provides for compliance. Our options are: (1) short term borrowing from a bank, (2) delaying the start of some projects until the utility tax bonds are sold, or (3) borrowing these funds internally and repaying the source when the bonds are sold. The Finance Department recommends approval of this resolution to implement option (3). FUNDING SOURCE N/A RECOMMENDATION Recommend Commission approval of Resolution #32-07 declaring an official intent with'respect to reimbursement, to be made from a subsequent borrowing, of temporary advances made for capital expenditures. RESOLUTION No. 32-07 DECLARATION OF OFFICIAL INTENT WITH RESPECT TO REIMBURSEMENT OF TEMPORARY ADVANCES MADE FOR CAPITAL EXPENDITURES TO BE MADE FROM SUBSEQUENT BORROWINGS WHEREAS, Treasury Regulation § 1.150-2 (the "Reimbursement Regulations"), issued pursuant to Section 150 of the Internal Revenue Code of 1986, as amended, (the "Code") prescribes certain requirements by which proceeds of tax-exempt bonds, notes, certficates or other obligations included in the meaning of "bonds" under Section 150 of the Code ("Obligations") used to reimburse advances made for Capital Expenditures (as hereinafter defined) paid before the issuance of such Obligations may be deemed "spent' for purposes of Sections 103 and 141 to 150 of the Code and therefore, not further subject to any other requirements or restrictions under those sections of the Code; and WHEREAS, such Reimbursement Regulations require that an Issuer (as hereinafter defined) make a Declaration of OfFcial Intent (as hereinafter defined) to reimburse any Capital Expenditure paid prior to the issuance of the Obligations intended to fund such Capital Expenditure and require that such Declaration of Official Intent be made no later than sixty (60) days after payment of the Capital Expenditure and further require that any Reimbursement Allocation (as hereinafter defined) of the proceeds of such Obligations to reimburse such Capital Expenditures occur no later than eighteen (18) months after the later of the date the Capital Expenditure was paid or the date the property acquired with the Capital Expenditure was placed in service, except that any such Reimbursement Allocation must be made no later than three years after such Capital Expenditure was paid; and WHEREAS, the CITY OF DELRAY BEACH (the "Issuer") wishes to ensure compliance with the Reimbursement Regulations; NOW, THEREFORE, be it resolved by the Commission of the Issuer that: Section 1. Definitions. The following definitions apply to the terms used herein: "Allocation" means written evidence that proceeds of Obligations issued subsequent to the payment of a Capital Expenditure are to reimburse the Issuer for such payments. 'To allocate" means to make such an allocation. "Capital Expenditure" means any expense for an item that is properly depreciable or amortizable or is otherwise treated as a capital expenditure for purposes of the Code, as well as any costs of issuing Reimbursement Bonds. "Declaration of Official Intent' means a written declaration that the Issuer intends to fund Capital Expenditures with an issue of Reimbursement Bonds and reasonably expects to be reimbursed from the proceeds of such an issue. "Issuer" means either a governmental unit that is reasonably expected to issue Obligations, or any governmental entity or 501(c)(3) organization that is reasonably expected to borrow funds from the actual issuer of the Obligations. "Reimbursement' means the restoration to the Issuer of money temporarily advanced from other funds, including moneys borrowed from other sources, of the Issuer to pay for Capital Expenditures before the issuance of Obligations intended to fund such Capital Expenditures. "To reimburse" means to make such a restoration. "Reimbursement Bonds" means Obligations that are issued to reimburse the Issuer for Capital Expenditures, and for certain other expenses permitted by the Reimbursement Regulations, previously paid by or for the Issuer. "Reimbursement Regulations" means Treasury Regulation § 150-2 and any amendments thereto or superseding regulations, whether in proposed, temporary or final form, as applicable, prescribing conditions under which the proceeds of Obligations may be allocated to reimburse the Issuer for Capital Expenditures and certain other expenses paid prior to the issuance of the Obligations such that the proceeds of such Obligations will be treated as "spent" for purposes of Sections 103 and 141 to 150 of the Code. Section 2. Declaration of Official Intent. (a) The Issuer declares that it reasonably expects that the Capital Expenditures described in Section (b), which were paid no earlier than sixty (60) days prior to the date hereof, or which will be paid prior to the issuance of any Obligations intended to fund such Capital Expenditures, will be reimbursed with the proceeds of Obligations, representing a borrowing by the Issuer in the approximate principal amount, for such Reimbursements, of $3,000,000; and (b) The Capital Expenditures to be reimbursed are to be used for the construction of various parks, the Old School Square Garage, and in part, a new Environmental Services Building. Section 3. Reasonable Expectations. The Issuer does not expect any other funds (including the money advanced to make the Capital Expenditures that are to be reimbursed), to be reserved, allocated on a long-term basis, or otherwise set aside by the Issuer or any other entity, with respect to the Capital Expenditures for the purposes described in Section 2(b). Section 4. Open Meeting. It is found and determined that all formal actions of this Commission of the Issuer concerning and relating to the adoption of this resolution were adopted in an open meeting of this Commission of the Issuer; and that all deliberations of this Commission of the Issuer and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with the law. The undersigned has been authorized by Commission of the Issuer to sign this resolution on behalf of the Commission of the Issuer. Passed and adopted in regular session on this 1st day of May, 2007. CITY OF DELRAY BEACH By: Mayor Attested by: City Clerk 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: City Manager DATE: Apri123, 2007 SUBJECT: SPECIAL EVENT REQUEST/10"` ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 10~' Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on May 26-27, 2007 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the closure and use of NW 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove and the Tennis Center Parking lot, to provide staff support for traffic control and security, barricading and for fire inspection services. BACKGROUND Attached are a letter, event permit application, site plan and budget. The event sponsor will be responsible for event management, clean up, night time security, dumpsters, and for providing barricades. City staff will install the barricades if needed. Total estimated City costs for this event are $3,900. Per event policies and procedures the event sponsor is responsible for the payment of all City costs. The Court House Garage, as well as City Hall Parking lots will be used for event parking. The North lot at City Hall will be used for vendor parking. RECOMMENDATION Staff recommends endorsement of the event, granting of the temporary use permit for the street closure on NW 3rd Avenue and Tennis Center Parking lot, providing staff assistance for security and traffic control, barricading, fire inspection services, and allowing the event signs to be installed one week prior to the event with all overtime costs to be paid by sponsor. Conditional on the receipt of a Certificate of Liability Insurance and Hold Harmless Agreement. RAB/db Attachment U:lwwdata~Events~Iloward Alan Craft Festival~Agenda Item re 10th Annual Downtown Delray Craft Festival May26-27 2007.doc ~Y '1 { ~: City of Delray Beach ~' Special Event Permit w. . Application "- PLEASE PRINT Z o, Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event Name/Title: lbw`' ~YlY~t1L~-n0~1 Wlil ~.IYQ~I PQ ~'.VC~~- ~PS'f1VQ l 2. Event Date(s): MUD 2l0 ..3- a~ ~ a00~- E ntTime(s): i0•.o0a•y,_S:~pm ~a;~.~ 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. Event SponsoNProducer: -' V Event Contact/Coordinator: ~ - Address: ~tlflQ~i hJ ."Rt~wa~rl .gl V~ . Ins-~-C~fil ~>n , ~`- ~.~~ Z Telephone Number: q~',u_ u~-a- .~q 1 Cellular Number: G~`5L1- lot < <- 8,~8C E-mail Address: G Event Description: C~ u-I-d~ r ~~ t Lr i e~ ~ ~+ ~~4-i vn ~ y (lf neighborhood block party, fhen please skip questions #10-35 and go to question #36) Sponsor Category: (please check) City ^ Non-Profit/Charitable ^ Private Co- Sponsor -Non-Profit/Private ^ (If Non-profrt attach proof of 501 c(3), c(4), c(6), c(10) or c(19)) Event Location/Address: Dc I rq~ ~r.l~_~r~niG C'cn-i-Pr Site plan'attached: yes / no (Site plan required for entire event site) / Event budget attached: yes no (Required for all events) Serving or selling alcoholic beverages: yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) / Event certificate of insurance attached: yes / no (Required two (2) weeks prior to event naming the City as additio nal insured, also required for vendors) ~,. Playing of amplified music: yes no (Waiver required) / Requesting Police assistance: yes no (Traffic controUsecurity) rTl 17. Will supplement with private security: yes no (If yes, need plan attached) 18. Requesting Emergency Medical assistance: yes no 19. Requesting barricade assistance : yes no 20. Requesting trash removal/clean up assistance: yes nom` 21. Requesting trash boxes and liners: yes no / 22. Requesting stage use: yes no~ pf yes, check type) Large stage covered ^ Large stage no cover ^ Small stage ^ Half small stage ^ 23. Requesting signage : yes no Type: Event sign (4'x4') / Directional sign~tnnsP add~SCf, code er~~rcerxs~.+~~" Banner hanging Indicate dates required (Waiver required if more than one (7) week prior to event) 24. Food and beverage vendors: yes / no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 25. Health Department approval: {see attached) yes no 26. Other vendors: yes no~ 27. Tents:~~Ux1D~ erne fl~kGtrd G+r1k cunoP;es yes_~~ no ~'.~,P~lr9 (If yes, tent permits and gre inspections maybe eerf ded) 28. Will the event inGude amusement rides? requiring state approval? yes no ~ (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no (Show on-site map) 30. Will there be fireworks or other pyrotechnics? yes no 31 pf yes, contact Fire Marshall) d ? ki ith Will th b es no . compresse gas e coo ng w ere y (If yes, contact Fire Marshall) 32. Will you be providing port-a-lets for the event? yes no (If yes, locate o -site map. if no, in '~ca w you UI andle restroom ~®--r>~ ~ e ~ ~~~c~ mac ~ .-, - r.~,~.e. 7,.. needs) ~~> . . 33. Will there be a charge for the event? yes no (lf yes, indicate ticket prices) ~~ 34. Is reserved parking requested? yes no ! Qf yes, indicate locations) 2 _, ~ 35. Neighborhood Block Parties block • Is event sponsored by the Homeowner's Association? yes no (If not, then individual(s) submitting permit application must also submit a petition signed by 51 % of the homeowners who live on the block) • Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of--way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the „event. ~/a~/o~ ent Cont or/Coordinator Date Please print: n11fOt'l ~[x~r~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1~ Avenue, Delray Beach, Florida 33444. For Staff Use Only / ~ Date Received Y `~~0 ~ Application fee received $ ~~`~ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 0) 03/31/2007 06:40 9544723891 Palm Beach County Health _ _. .... Expense _^ City Of Delray Beach ~ Expense e AA Sign Lines Able Sanitation np se _ _..- Ex Expense .___ Southern Waste Systems Expense Tents for Events Expense .. Bob's Barricades Expense . city Of ~elrav Beach Expense American Gra#t Endeawo~rs _ ..• _ _ _. _ -. . --~- estival 'IOfih Annual Downtown Delray Craft ~ - -~ ' May 26 & 27, 2007 __~ -- - - _. . -- . PROP03ED BUDGET FOR May 2007 _ _ . - ~- - ._. _ Incomle .. ....... ..... _ _. .. - ~ ~ ~ 110 Craf#er Revenue $19,250 Number of Crafters - - °~ Food Vendor Revenue ~1,t~49.40 Number of Food Vendors _ 3 __ ~ •- ~ -- Total Revenue - "_.. _ -- -- ~' "" - _. ... _ EXPENSES .. ....- __ ._ .... .. _ _._ _. - gdvartlsing : --. _ ~~ "- -S'708.50 Boca Raton News _ _ _- Expense _ . - Expense .~1,95~f.12 _ ... $35.00 .. .. _. _. Palm Beach Post -" ~' ..._ -~ - Expense _ South Florida Newspaper _. ... Expense_ -- ... $1 544.80 Sun Sentinel __ ~ •~ , - ~ -"- ~ =4,129.42 advertlslna SubTctal -- f _ .... ~ - Services : __ Permit __ e, Public Works r advertising ~_ ings and meals, trave~ Million Dollar fiablllty ins CnhTotal - .__ Total Expenses _ Show Profit __ ~_ I.7l.N/JHICL FiLr.~ `I for Events _ _ _ - !Expense . ,. . ise _ ~ Expense _ me Stallings ~ Staff ~v Joint~Venture __ telephone, mallings,etc Expense .,. ~ _. $800.00 .00 $13,683.78 ~~$17,793,~0 52.506.20 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: David T. Harden ~~~ THROUGH: CITY MANAGER DATE: April 27, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF MAY 1, 2007 AGREEMENTS FOR GENERAL CIVIL ENGINEERING CONSULTING SERVICES ITEM BEFORE COMMISSION Authorization to execute agreements with four firms for General Civil Engineering Services. BACKGROUND City staff has been dissatisfied with the service and costs of some of our existing civil engineering consultants. Therefore, we do not recommend extending any of our existing contracts. We advertised a Request for Qualifications for civil engineering consultants and received 29 responses. City staff has evaluated and ranked the responses as shown in the attached table. For a number of years we have entered into multiple agreements for civil engineering services. This enables us to choose firms for individual projects based on the experience of a particular firm and based in the responsiveness and availability of a firm at the time they are needed. The City Commission can (1) re-rank the firms based on your own criteria, (2) Request presentations by a number of firms and select the top four or fewer firms based on the presentations, or (3) accept the staff ranking and authorize agreements with the top four firms. FUNDING SOURCE Service Authorizations for individual capital projects are funded from that project's capital budget. RECOMMENDATION Authorize the Mayor to execute agreements with Kimley-Horn & Associates, Mathews Consulting, Mock-Roos & Associates and the Wantman Group for Engineering Consulting Services for two years, with the right to renew for three one year renewals, subject to review and approval by the City Attorney. g~ Page 1 of 1 Harden, David From: Hasko, Richard Sent: Wednesday, April 18, 2007 1:21 PM To: Harden, David Cc: Krejcarek, Randal Subject: Engineering RFQ Attachments: Copy 2007 Engr RFQEvalMaster.xls David: You will recall that when we went through this process in 2004, Commissioner Levinson took issue with the categories and weights that were used for ranking respondents to our General Civil RFQ. Mr. Levinson's primary issue was with a category for "Location of Office" from which the City would be served by the Consultant. We revised our criteria and weighting values at that time and reissued the RFQ. When we advertised the current RFQ, we used the same criteria on the basis of it's having been previously ratified by Commission. For the type of projects that we will be using these contracts for, I agree that "South Florida Experience" is not a criteria that should have much bearing on the rankings since the work is generic civil infrastructure and regional characteristics do not have a significant affect on a typical design. More important to us in having to coordinate project design/construction is to use engineers that provide reasonable assurance that they can verify all site specific design issues in a cost effective manner. That requires site visits and inspections which is why proximity of the consultant's servicing office is a concern for us. We may want to revisit our ranking criteria and weighting before we issue another RFQ, however, for purposes of the current RFQ, I have reranked the responses after discounting the evaluators' scores for the experience category. The resulting tabulation reflects that there is no impact on the top five firms. Referring to the attached Excel file, you will note that the top four ranked firms to whom we are recommending contract award are the same whether the experience scores are applied or not. You start to see some variance around rank #6. Based on this demonstration that the criteria category that you are concerned with had no significant impact on the rankings, we would like to proceed with Commission action to award contracts to the top four rated firms at the next regular Commission meeting. Please let me know if you concur or if you require additional information. Thanks Richard C. Hasko, P.E. Environmental Services Director voice: (561) 243-7336 FAX: (561) 243-7060 email: hasko@ci.delray-beach.fl.us 4/27/2007 City Of Delray Beach Department of Environmental Services M E M O R A N D U M TO: David Harden, City Manger FROM: Randal L. Krejcarek, P.E. DATE: 1-Feb-07 SUBJECT: Agenda Request Approval/Authorization of Engineering Consulting Agreements Project 2007-009 The attached agenda item is a request for Commission authorization/approval for Mayor to execute agreements with each of the selected engineering firms for Engineering Consulting Services. The agreements are two year agreements with the right to renew for three one year renewals. All agreements are subject to review and approval by the City Attorney. Twenty nine submittals were received and reviewed by the committee. Evaluations were ranked according to overall ranking and by total points received. In both cases the firms listed below were the top four firms. The following firms were recommended by the Selection Committee: Kimley-Horn & Associates, Inc. Mathews Consulting, Inc. Mock-Roos & Associates, Inc. Wantman Group, Inc. enc. cc Richard Hasko, P.E. file S:lengadminln`g12007-02-06 rfq agenda memo.doc O O N .. 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WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSUL- TANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZA- TIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for comple- tion of the particular phase of the work by CONSUL- TANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSUL- TANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its 2 agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the profes- sional quality, technical accuracy, timely comple- tion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifica- tions, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any 3 cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representa- tive declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. Phase I - Study and Report Phase. If the Study and Report Phase is authorized, the following requirements shall apply. 4 1. The CONSULTANT shall consult with the CITY to clarify and define the CITY'S requirements for the Project and review available data. 2. The CONSULTANT shall advise the CITY as to the necessity of the CITY'S providing or obtaining from others, data or services. 3. The CONSULTANT shall identify and analyze permit and approval requirements of all governmental authorities having jurisdiction to approve either the design of the Project and participate in consultations with such authorities. 4. The CONSULTANT shall provide analyses of the CITY'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 5. The CONSULTANT shall provide a general economic analysis of Owner's requirements applicable to various alternatives. 6. The CONSULTANT shall prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to the CITY and setting forth CONSULTANT'S findings and recommendations. This Report will be accompanied by CONSULTANT'S pre- design estimate of probable costs for the Project, including, but not limited to the following, which will be separately itemized: Construction Cost, allowance for engineering costs and contingencies allowances for such other items, such as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, and .for permit, review and/or approval fees by other governmental agencies, if required. The CONSULTANT shall also provide a preliminary evaluation of the City's Project Schedule. The City's Project Schedule and probable construction costs shall be evaluated and updated throughout subsequent phases of the work. 5 7. The CONSULTANT shall furnish the number of copies of the Study and Report documents as provided in the SERVICE AUTHORIZATION and review them with the CITY. B. Phase II - Preliminary Design Phase. If the Preliminary Design Phase is authorized, the following requirements will apply: 1. The CONSULTANT, in consultation with the CITY shall determine. the general scope, extent and character of the Project. 2. Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the Project. 3. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. 4. Furnish the specified number of copies of the above Preliminary Design documents as contained within the SERVICE AUTHORIZATION and present and review them with the CITY. 5. The CONSULTANT shall submit to the CITY a preliminary estimate of construction costs based on current area, volume or other unit costs, which shall be updated throughout he design development phase. 6. The CONSULTANT shall prepare a development schedule, which shall include, but shall not be limited to, the review and approval times by all governmental agencies as may be required. 7. The CONSULTANT shall make available all design calculations and associated Data, and participate in meetings in which Value Engineering Analysis of the project takes place, at such times and places as shall be determined by the CITY. C. Phase III. Final Design Phase. If the Final Design Phase is authorized, the following requirements shall apply: 1. The CONSULTANT shall prepare construction documents which shall include but not be limited to drawings 6 and technical specifications, general and supplementary conditions, bid forms, invitations to bid, instructions to bidders, with technical criteria, descriptions and design data necessary for permitting by governmental authorities, and shall include any further adjustments in the scope or quality of the project or in the construction budget authorized by the City. 2. The CONSULTANT shall, in the preparation of construction documents, technical criteria, written descriptions and design data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. 3. The CONSULTANT shall prepare a detailed opinion of probable cost in accordance with paragraph I.C, which shall be reviewed by the CITY prior to going out for bids. 4. The CONSULTANT shall provide the required documents and attend meetings as necessary, for the approval of governmental boards, agencies or authorities having jurisdiction over the project. 5. The CONSULTANT shall use bid documents provided by the CITY including bidding forms, conditions of the contract, and form of AGREEMENT between the CITY and CONTRACTOR. 6. The CONSULTANT shall prepare all documents including design and plan revisions required for the approval of governmental authorities having jurisdiction over the project. Said approvals are required prior to the public notice for the Invitation to Bid and submission of applications, therefore are the responsibility of the CONSULTANT. 7. The CONSULTANT shall provide the CITY the number of copies of contract documents as specified in the service authorization. D. Phase IV - Bidding/Negotiation Phase. If the bidding phase is authorized, the following requirements shall apply: 1. The CONSULTANT shall assist the CITY in obtaining the bids or negotiated proposals, assist in 7 awarding and preparing contracts for construction, attend pre-bid conferences, prepare addenda, provide written recommendation of award, assist in the compilation/preparation of contract documents, and after the award assist the CITY in securing the required bonds and certificates of insurance, and in the review of the contract documents for completeness. 2. The CONSULTANT shall attend the bid opening, prepare bid tabulation sheets and assist the CITY in evaluating Bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services.. 3. The CONSULTANT shall issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 4. The CONSULTANT shall consult with and advise the CITY as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein called CONTRACTOR (S) for those portions of the work as to which such acceptability is required by the Bidding Documents. 5. Consult with the CITY concerning and determine the acceptability of substitute materials and equipment prior to the award of contracts is allowed by the Bidding Documents. E. Phase V - Construction Phase. If Contract Administration is authorized, the following requirements shall apply: 1. The CONSULTANT shall provide administration of the contract for construction as set forth herein and as contained within the general conditions of the contract for construction. 2. The CONSULTANT shall be a representative of and shall advise and consult with the CITY during construction and until final payment to the contractor is due. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this AGREEMENT and as provided in the contract for construction unless otherwise modified by written instrument. 3. The CONSULTANT shall visit the site at regular intervals appropriate to the stage of construction 8 or as otherwise agreed to by the CITY and the CONSULTANT, in writing, to become generally familiar with the progress and quality of the work completed and shall determine in general if the work is being performed in a manner indicating that the work when completed will be in accordance with the contract documents. The CONSULTANT shall be required to make on-site observations to review the work. The CONSULTANT shall keep the CITY informed of the progress and quality of the work and shall provide certification to the CITY of satisfactory completion of all phases of the work in compliance with the plans, specifications thereto. 4. The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures of construction or for safety precautions and programs in connection with the work, since these are solely the CONTRACTOR'S responsibility under the contract for construction. The CONSULTANT shall make every reasonable effort to ensure that the CONTRACTOR completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. 5. The CONSULTANT based on observations and evaluations of CONTRACTOR'S applications for payment shall review and certify the amounts due the CONTRACTOR. 6. The CONSULTANT'S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT'S observations at the site as provided herein and on the data comprising the CONTRACTOR'S application for payment, that the work has progressed to the point indicated and that, to the best of the CONSULTANT'S knowledge, information, and belief, the quality and quantity of the work is the accordance with the contract documents. The foregoing representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents, correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of the certificate of payment shall further constitute a representation 9 that the CONSULTANT has made observations to review the quality or quantity of the work. 7. The CONSULTANT shall recommend disapproval or rejection of CONTRACTOR'S work to the CITY, which does not conform to the contract documents. The CONSULTANT will have authority to require additional inspection or testing of the work in accordance with the provisions of the contract documents, whether or not work is fabricated, installed or completed. 8. The CONSULTANT shall review and approve or take other appropriate action upon CONTRACTOR'S submittals, such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract documents. The CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. 9. The CONSULTANT shall prepare change orders and construction change directives with supporting documentation and data if deemed necessary bye the CONSULTANT, for the CITY'S approval and execution in accordance with the contract documents, and may authorize minor changes in the work not involving an adjustment in the contract time, which is consistent with the intent of the contract documents. lO.The CONSULTANT shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY'S review and records, written warranties and related documents required by the contract documents and assembled by the CONTRACTOR and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. 11. The CONSULTANT shall interpret matters concerning performance of the CITY and CONTRACTOR under the requirements of the contract documents on written request of either the CITY or CONTRACTOR. The CONSULTANT'S response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 10 12. Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the CONTRACTOR. 13. The CITY shall be the final arbiter on matters relating to aesthetics. 14. The CONSULTANT shall render written interpretations within a reasonable time on all internal disputes between the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 15. The CONSULTANT"S interpretations on internal disputes are not binding on the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 16. The CONSULTANT shall provide the number of sets of the construction documents to the CONTRACTOR as specified in the SERVICE AUTHORIZATION. 17. Upon completion of construction the CONSULTANT shall provide to the CITY, three sets of record drawings, signed and sealed, plus one set of mylars incorporating as built conditions and other data furnished by contractor(s) to CONSULTANT. 18. In company with the City, the CONSULTANT shall visit the Project to observe any apparent defects In the completed construction, assist the CITY in consultations and discussions with CONTRACTOR(S) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defective work. F. Phase VI - Resident Project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A. A Resident Project Representative will be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT'S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representative's actions. 11 Resident Representative's dealing in matters pertaining to the on-site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the CITY with the knowledge of and under the direction of CONSULTANT. B. Resident Project Representative shall where applicable: 1. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 2. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Working principally through CONTRACTOR'S superintendent, assist CONSULTANT in serving as the City's liaison. with CONTRACTOR, when CONTRACTOR'S operations affect the CITY'S on-site operations. 4. Assist in obtaining from the CITY additional details or information, when required for proper execution of the Work. 5. Record date of receipt of Shop Drawings and samples. 6. Receive samples, which are furnished at the site by CONTRACTOR, and notify the CONSULTANT of availability of samples for examination. 7. Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing, if the submittal has not been approved by the CONSULTANT. 8. Conduct on-site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the, Contract Documents. 9. Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents; or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made. Advise the CONSULTANT of Work that Resident Project Representative believes 12 should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by the contract. 10. Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 11. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the CONSULTANT. 12. Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 13. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by-the CONSULTANT. 14. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents, including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents 15. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. 16. Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. 13 17. Furnish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawing. and sample submittals. 18. Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 19. Draft proposed Change Orders and Work Directive Changes, obtaining backup materials from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 20. Report immediately to the CONSULTANT and the CITY upon the occurrence of any accident. 21. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site, but not incorporated in the Work. 22. During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to CITY prior to final payment for the Work. 23. Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 24. Conduct final inspection in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25. Observe that all items on final list have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. C. The Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment. 2. Exceed limitations of the CONSULTANT'S authority as set forth in the Contract Documents. 14 3. Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent. 4. Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Accept Shop Drawing or sample submittals, from anyone other than CONTRACTOR. 7. Authorize the CITY to occupy the Project in whole or in part. 8. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S 15 policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of perfor- mance and compensation shall be renegotiated, provid- ed; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The term for this Agreement shall be for two (2) years from the date of execution by the CITY. The CITY has the right to renew the Agreement for up to 3 one year renewal terms. In the event a SERVICE AUTHORIZATION is still outstanding upon the expiration of the initial term or a renewal term, this AGREEMENT shall continue until such time as all outstanding SERVICE AUTHORIZATIONS, if any, that have been issued are completed. Each Service Authorization shall delineate a time for completion of the service to be rendered. VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 16 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man- hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensa- tion is accurate, complete and current at the time of contracting. 2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGET- ED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The schedule of hourly rates as set forth in Exhibit B is attached hereto and made a part hereof. 17 b. In addition, the CITY shall pay for reim- bursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having. jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an addition- al ten percent (10%) of the cost of these services to compensate CONSULTANT, for the procuring and manage- ment of the sub-consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the Subcontractual work. 18 C. Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREE- MENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incom- plete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimburs- able expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with those shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calculations, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or 19 not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materi- als cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connec- tion with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were pre- pared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. 20 A. Employer's Liability with limits of $100,000 per person, $500,000 per occur- rence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per. occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorse- ment GL 21 06 (Engineers, Architects, or Survey- ors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers' Non-Ownership 21 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range Limit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub- consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSUL- TANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs Cl, C2, C3, C4. All policies covered within subpara- graphs C1, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSUL- TANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certi- fied copy of the professional liability insur- ance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days 22 prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S servic- es include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSUL- TANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHORIZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the 23 date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permis- sion of the CITY, unless mandated by order of the court. H. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consul- tant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accom- plishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. I. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with services covered by this AGREE- MENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of 24 this paragraph. For the present, the parties desig- nate the following as the respective places of giving of notice to wit: CITY of Delray Beach CITY MANAGER City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 CONSULTANT K. Attachments: L. M. Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certifi- cate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. RP~nrc~S Records of all expenses AUTHORIZATION shall be kept accounting basis and shall relative to each SERVICE on a generally recognized be available to the CITY 25 or its authorized representative at mutually conve- nient times. N O. P. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified. for each project and expected to perform the work assignment as can reasonably be expected. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruit- ment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corpora- tion, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other considera- tion, contingent upon or resulting from the award or making of this AGREEMENT. 26 Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termina- tion of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of~ ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The 27 CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. T. U. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSUL- TANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. 28 V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSUL- TANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit ~~D". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. 29 IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. ATTEST: City Cler Approved as to Form: CITY Attorney Witness Name Printed (Seal} Witness Name Printed CITY OF DELRAY BEACH, FLORIDA By: MAYOR CONSULTANT By: Title. 30 ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the of , foregoing instrument, this day 200_, was acknowledged by on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and aforesaid this day of seal in the County and State 200 Notary Public (SEAL) My Commission Expires: ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this of 200 day Notary Public My Commission Expires: 31 ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument as a partner of a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. of SWORN TO AND SUBSCRIBED before me this 200 Notary Public My Commission Expires: day 32 EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: This Service Authorization, when executed, shall be incorporat- ed in and shall become an integral part of the Contract. Title. I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET IV. COMPLETION DATE This service authorization is 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 authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date By: Mayor (Seal) tness Witness Attest: Attest: 33 Approved as to Legal Sufficiency and Form BEFORE ME, the foregoing instrument, this day of 200_, was acknowledged by on behalf of the and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of 200 . Notary Public State of Florida My Commission Expires: 34 Corporation EXHIBIT B Raw Salary Raw Salary Hourly Rates Hourly Rates With Overhead Factor Employer Category Professionals -- Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc. Technicians -- Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc. Office Support 35 EXHIBIT C SAMPLE -- COST NOT TO EXCEED FORMAT INVOICE City of Delray Beach Project No. Date Purchase Order No. Client Ref. No. Task Order No. Invoice No. Description of services under Task Order # Period ending: LABOR Class Employee Name Rate Hours Amount Subtotal Labor r.,.,...r.........` Word Processing Auto Rental Postage/Freight Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE COST SUMMARY Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining 36 EXHIBIT C (continued) SAMPLE INVOICE -- LUMP SUM FORMAT INVOICE City of Delray Beach Purchase Order No. Client Ref. No. Task Order No. Invoice No. Description of services under Task Order Period ending Total Fee $ Complete $ Less Previous Billings Total Earned This Period $ TOTAL AMOUNT DUE THIS INVOICE $ 37 EXHIBIT C SAMPLE -- COST NOT TO EXCEED FORMAT INVOICE City of Delray Beach Project No Purchase Order No. Task Order No. Date: Client Ref. No. Invoice NO. Description of services under Task Order # Period ending: LABOR CLASS EMPLOYEE NAME RATE HOURS Subtotal Labor Expenses Computer Word Processing Auto Rental Postage/Freight Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE n rvrnr rnTm 38 Date: 19 Jan 2007 AGENDA ITEM NUMBER: ''~'~ AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda -Workshop Agenda -Special Agenda When: 06 Feb 2006 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute agreements with Kimley-Horn & Associates, Inc., Mathews Consulting, Inc., Mock-Roos & Associates, Inc. and Wantman Group, Inc. for Engineering Consulting Services. The agreements are two year agreements with the right to renew for three one year renewals. All agreements subject to review and royal by the City Attorney. De artment Head Si nature. ~~ -29- P g City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: es / No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\RFQ\2007-02-06 rfq agenda.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: FRANK BABIN, RISK MANAGER THROUGH: CITY MANAGER DATE: APRIL 25, 2007 SUBJECT: # AGENDA ITEM _ ~ -REGD. EXTENSION OF GBS CLAIMS SERVICES CONTRACT ITEM BEFORE COMMISSIOIV~ Request one year extension for the current Gallagher Bassett Services (GBS) claims services contract set to expire on 9/30/07 to coincide with the expiration of the insurance broker services contract with Arthur J. Gallagher (AJG) on 9/30/08. BACKGROUND The recommended practice is to take the claims services and insurance broker services RFP to bid at the same time to most effectively coordinate these inter-related services; this can occur if the GBS claims services contract is extended one year. The City Attorney has reviewed the expiring GBS contract and has reached agreement with GBS on several contract modifications. FUNDING SOURCE 551-1575-591-45.20, claims handling costs. Current year GBS invoiced amount is $114,000. GBS estimated renewal fee is no greater than $118,000. RECOMMENDATION City Commission authorization of a one year extension of the GBS claims services contract for the 10/1/07 to 9!30/08 period including contract terms agreed to by the City Attorney. Memo To: David Harden, City Manager ~' From: Frank Babin, Risk Manager Phone: 561-243-7150; Fax: 561-243-7156); E-mail: babin(a.ci.delray-beach.fl.us Date: April 25, 2007 Re: Consent Agenda Request: Extension of GBS Contrail The "guaranteed rate increase" contract we have with Gallagher Bassett Services (GBS), the City's third party administrator (TPA) for workers' compensation, liability (e.g., auto, general) and property damfage (e.g., hurricane) claims, expires on 9/30107. However, the contract we have with Arthur J. Gallagher of Miami (AJG), the City's property & casualty insurance broker will expire on 9/30/08 with the one last discretionary extension. This Consent Agenda Request is for an extension of the GBS contract to coincide with the AJG contract termination so both services can be bid at the same time, the advantages to be explained. AJG has serviced the City exceptionally well, especially during this past 10/1/07 hurricane-related property insurance renewal. Workers' compensation claim services which had been previously provided exclusively by GBS out of their West Palm Beach branch office were transferred last year to the Sunrise branch because of adverse administrative developments in the West Palm Beach branch. To the City's benefit, the service provided by the Sunrise branch has been better than imagined. Both Risk Management staff and our workers' compensation attorneys continuously comment on their quick response time and the exceptional level of expertise. The transition to another TPA can be costly, in actual dollars and administrative effort, specifically related to the handling of "old" claims. (NOTE: The invoice for GBS services this year was $114,000. GBS estimates that a renewal would be no greater than $118,000.) In addition, certain insurance brokers would work better with and/or prefer certain TPA's. Susan Ruby, City Attorney, has reviewed the expiring GBS contract and has come to concurrence with GBS on several contract modifications for any extension of the expiring contract Therefore, I am requesting as per the attached Agenda Item memo that the City Commission approve a one year extension of the GBS contract for the 10/1/07-08 period, and as per contract terms approved by City Attorney, intending that for the 10/1/08 renewals the insurance broker AND TPA services contracts concurrently can be put out for competitive bids. Copy: Susan Ruby, City Attorney Bruce Koeser, Director of Human Resources Page 1 of 2 Babin, Frank From: Ruby, Susan Sent: Tuesday, April 24, 2007 2:34 PM To: Babin, Frank Subject: FW: GBS Services Inc., Contract For Services (Your 4/2/07 memo to me) With those changes it would be ok Susan .~. Ru6y City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 telephone: 561-243-7091 facsimile: 561-278-4755 email: ruby@ci.delray-beach.fl.us From: Kiminas, Sue Sent: Tuesday, April 24, 2007 2:32 PM To: Ruby, Susan Subject: FW: GBS Services Inc., Contract For Services (Your 4/2/07 memo to me) This was on Sue's email. From: Babin, Frank Sent: Monday, April 23, 2007 1:27 PM To: Kiminas, Sue Subject: FW: GBS Services Inc., Contract For Services (Your 4/2/07 memo to me) As discussed, I would need this by Wednesday to get on the Consent Agenda for the City Commission for next Tuesday. If anything more needed, please advise. Thanx. From: Babin, Frank Sent: Thursday, April 19, 2007 8:00 AM To: Ruby, Susan Subject: GBS Services Inc., Contract For Services (Your 4/2/07 memo to me) Got a response from GBS legal related to your memo, as follows: 1. Paragraph E, GBS will add at the end, "...but only to the extent of monetary limits as set forth by Florida Statue 768.28 and the Florida constitution. Nothing contained herein shall be deemed a waiver of the client's sovereign immunity." 2. Paragraph H, GBS will add at the beginning, "With the formal concurrence of Client, this contract...". 3. Paragraph J cannot be change from "Florida" to "Palm Beach County" venue but GBS have offered compromise as follows (e-mail excerpt from them): ...(can)not change Paragraph J because the contract is subject to state law. If this change to Paragraph J was requested to ensure disputes would be handled by a Palm Beach County Court, then we can add the following language if you would like: 4/25/2007 Page 2 of 2 "K. Dispute Resolution -Any disputes between the parties arising from the performance of this Agreement that cannot be resolved to the mutual satisfaction of the parties shall be resolved in a court of competent jurisdiction with a venue in Palm Beach County, Florida." Please then advise on your agreement with any or all of the 3 items you addressed in your 4/2/07 memo and GBS responses. 4/25/2007 GALLAGHER BASSETT SERVICES, INC. 5 CONTRACT FOR SERVICES PARTIES City of Delray Beach (hereinafter "CLIENT") hereby retains Gallagher Bassett Services, Inc. (hereinafter "GB°) to perform the services listed on Schedule V. TERM This contract shall be in effect from 1011/04 to 10/1/07 and shall remain in full force and effect unless amended or terminated. ATTACHMENTS Attached hereto and made a part hereof are the following schedules: OBLIGATIONS OF THE PARTIES BANKING III. TERMS AND CONDITIONS IV. DEFINITIONS V. SERVICES AND FEES CITY OF DELRAY BEACH By: Title: ~l~' iR~~ryrc. { -r'~/KM-fT/' Q~ESv,.rrp.~',S Date: ~z~rn~a~7 GALLAGHER BASSETT SERVICES, INC. By: ~~ tJ~ `2~-~I ROBERT MASON CHIEF FIN/ANCIAL OFFICER Date: /~ 2 9'~d ADDRESS: 100 N.W. 1st Avenue Delray Beach, FL 33444 .ADDRESS: Two Pierce Place Itasca, IL 60143-3141 061cg11Delray Beach, City of - 000323.doc -2- SCHEDULEI OBLIGATIONS OF THE PARTIES A. Obligations of GB GB agrees to perform the following services: 1. With regard to Claims Administration, GB shall: a. Review each claim and loss report submitted by the CLIENT during the term of this contract. b. Conduct an investigation of each qualified claim or -loss to the extent deemed necessary by GB. c. Maintain a file for each qual~ed claim or toss that shall be available for review by the CLIENT. d. Adjust, settle or resist all qualified claims or losses: 1) within the stated discretionary settlement authority limit; 2) with specific approval of the CLIENT, if outside the stated authority limit. e. Perform necessary and customary administrative and clerical work in connection with each qualified claim or loss, including the preparation of checks or vouchers, releases, agreements and other documents needed to finalize a claim. f. Establish and update claim reserves as needed. g. Assist the CLIENT in establishing a banking arrangement for loss and expense payments as set forth in Schedule II. h. Notify CLIENT, CLIENT's agent or carriers, as designated by the CLIENT, of all qualified claims or losses which may exceed the CLIENT's retention and, if requested, provide information on the status of those claims or losses. i. Coordinate investigations on litigated claims with attorneys representing the CLIENT and with representatives of the excess carrier, as required. It is expressly understood that all legal costs and loss payments will be charged to the CLIENT. j. Investigate and pursue subrogation possibilities on behalf of the CLIENT in all states permitting subrogation. Funds received from all subrogation collections shall be considered revenue of the CLIENT. k. Maintain an automated loss and information system, and provide the CLIENT with reports from RISX-FACS® as set forth in Schedule V. I. Provide forms, as determined by GB, needed to administer the CLIENT's program. m. Provide additional ad hoc information, analysis, reports and services on a time and expense basis. n. Assist the CLIENT in selecting appropriate experts or specialists as the claims may require. o. Provide personnel needed to perform the services agreed to herein. 061cg11Delray Beach, City of - 000323.doc -3- 2. With respect to Self-Insurance Qualification, GB shall assist the CLIENT in the filing of periodic reports and renewal applications required by state administrative agencies. All fees and assessments in connection with such are the obligation of the CLIENT. 3. With regard to Risk Control Consulting and Appraisals, GB shall provide the services set forth in Schedule V. 4. Provide other services as set forth in Schedule V. B. Obligations of CLIENT 1. CLIENT shall pay GB for services the annual sum set forth on Schedule V, as agreed to under the "Billing and Payment Terms" section. At the end of each contract period, the annual compensation shall be subject to adjustment. Where applicable, GB shall audit the claim counts at the 18th, 24th, 36th and 48th month from the inception date of the contract. CLIENT shall pay GB any additional fees due as a result of these audits as specified under the Billing and Payment Terms section in Schedule V. 2. CLIENT shall provide funds for the payment of qualified claims or losses, allocated loss expenses, and any Managed Care fees, if applicable. GB shall not be required to advance funds to pay losses, allocated loss expenses, bank charges, or Managed Care fees. 3. Fees are payable upon receipt of invoice. GB reserves the right to charge 1 % per month, or the maximum legal rate, on balances unpaid after 30 days. SCHEDULE II BANKING-SIMMS GB will provide an on-line check issuance and banking communication system known as "APACS," which provides for automated payments and control. The account will be funded with Citibank to administer a SIMMS cash management program. Such cash management program will deal directly with the funding program of the CLIENT's banking facility. GB will assist the CLIENT in establishing the initial imprest/opening balance of the fund. The details of the CLIENT's program are set forth in a letter agreement between the CLIENT, Citibank N.A. and Arthur J. Gallagher & Co. (GB) (hereafter the °Account Parameter Agreement"). In addition, GB will analyze the account from time to time and will submit advisory reports, including any excess or deficiencies to the imprest/opening balance. As a result of the advisories, the CLIENT agrees to fund any imprest increase within 30 days of notification. Changes to the frequency of funding and/or imprest/opening balance will require the execution of a new Account Parameter Agreement. GB will charge an annual fee, subject to audit, for these services. It is expressly understood that GB shall not be required to advance its own funds to pay any of the CLIENT's obligations. In the event of cancellation or nonrenewal of this contract, CLIENT agrees to fund Citibank in an amount sufficient to fund all of the CLIENTs outstanding obligations. If, at any time, CLIENT fails to provide adequate funding, GB shall issue "stop payment" orders on outstanding payments. CLIENT agrees to indemnify GB for any losses resulting from CLIENT's failure to fund its obligations_ Any bank charges resulting from inadequate funding including, but not limited to, interest, stop payment charges and overdraft fees shall be the obligations of the CLIENT and shall be billed to the CLIENT when known. GB shall have the right to convert the CLIENT's program to either daily clearance or voucher upon 48 hours notice to the CLIENT. 061cg11Delray Beach, City of - 000323.doc -4- SCHEDULE III TERMS AND CONDITIONS A. Discretionary Settlement Authority -The limit on any settlement payment by GB shall be as set forth in Schedule V. It is agreed that GB shall have full authority in all matters pertaining to the payment, processing, investigation and administration of qualified claims or losses within this limit. Failure of GB to settle a qualified claim or loss within such limit shall not subject GB to liability to any party in the event of an adverse judgment entered by any court or the settlement of such claim or loss for an amount in excess of such limit. B. Terms of Cancellation or Nonrenewal -Either party shall have the right to cancel or renegatiate the contract after each contract period by giving the other party written notice of intent to cancel or renegotiate at least sixty (60) days in advance. If timely notice of cancellation is given, this contract shall terminate upon the expiration of the current term. Unless stated otherwise in Schedule V, GB agrees that all claim files for claims incurred during the contracted periods will be handled for no additional fees for as long as the CLIENT continues to renew this Agreement. to the event of cancellation or nonrenewal of this program, GB may, at its sole discretion, continue to manage all pending run-off claims, and run-off claims incurred in this service term but not reported prior to the date of termination if CLIENT pays GB a mutually agreed upon per claim .per year open fee to continue handling open claims. If run-off services are provided by GB, a reduced electronic RISX-FACS® reporting package will be provided at the CLIENT's expense. Banking and administration fees will be charged to the CLIENT as long as GB handles the claims. Should CLIENT renew only a portion of the existing program under this Agreement (fewer states, locations, coverages, etc.), all open claims not part of the renewed portions of the program shall be considered in run- off and subject to per claim per year open fees to be agreed upon by the parties. A reduced electronic RISX-FACS® reporting package will be provided at the CLIENTs expense, as appropriate. Banking and administration fees will be charged to the CLIENT as long as GB handles the claims. Should no agreement be reached regarding these open claims, they will be returned to the CLIENT or forwarded to another party as designated by the CLIENT. Should the CLIENT elect to have the files returned to them, GB will provide a tape or paper copy of the claim information in RISX-FACS® at GB's prevailing rate on the date of termination. Upon delivery of this information to CLIENT, claim information maybe deleted from the system. If the CLIENT fails to pay any amounts billed, including but not limited to GB's service fee during the contract period; audit billings. per Schedule 1, Section B,1, Paragraph 2; the service fee to continue handling claims past termination date or bank charges, within 30 days, GB shall have the right to terminate the contract by giving the CLIENT ten (10) days' notice in writing. After receipt of payment of all fees due, GB will then return all files to the CLIENT in an orderly manner. Costs for file transfer shalt be the obligation of the CLIENT. C. Sole Claims Administrator -During the terms of this Agreement and except as otherwise agreed to by the parties hereto, CLIENT agrees that GB shall be the sole claims administrator with respect to CLIENT's program and that all new claims under CLIENT'S program shall be forwarded to GB. CLIENT further agrees not to self-administer or adjust any such claims or to forward any such claims to any other service organization or individual without GB's prior written consent. D. Practice of Law - GB will not perform any services which may constitute the unauthorized practice of law. E. Mutual Indemnification - GS agrees to defend, indemnify, protect, save and keep harmless CLIENT from any and all foss, cost, damage or exposure arising from the negligent acts or omissions of GB. 061cg11Delray Beach, City of = 000323.doc -5- CLIENT agrees to defend, indemnify, protect, save and keep harmless GB from any and all loss, cost, damage or exposure arising from the negligent acts or omissions of CLIENT. The foregoing indemnification provisions shall survive termination of this Agreement. F. Notices -Any notice required to be given under this contract shall be sent by certified mail to the following in the case of GB: Mr. Robert Mason Chief Financial Officer Gallagher Bassett Services, Inc. The Gallagher Centre Two Pierce Place Itasca, IL 60143-3141 and in the case of the CLIENT: Mr. Frank Babin Risk Manager City of Delray Beach 100 N.W. 1stAvenue Delray Beach, FL 33444 G. Successors/Affiliates -The contract shall be binding upon and shall inure to the benefit of all assigns, transferees and successors in interest of the parties. The services to be provided by GB hereunder may be provided in whole or in part by any affiliated entity of GB, at the sole discretion of GB. In such event, the terms of this Agreement shall be binding upon and shall inure to the benefits of such affiliated entity. H. Modification -This contract represents the entire Agreement between the parties and may be modified only in writing. GB reserves the right to modify fees if: It is determined that the historical data upon which GB's fees and service charges developed were based upon erroneous, obsolete or insufficient information, or that a change in CLIENT'S business will materially change the nature and/or volume of its business or claims as contemplated at the inception of the Agreement. During the term of the Agreement, legislative and/or regulatory requirements materially impact or change the scope of GB's services or responsibilities. Confidentiality of Data -All data furnished by the CLIENT, or generated as a result of services performed under this agreement, and other information designated by the CLIENT in writing, -shall be treated as confidential. GB. reserves the right to use statistical information or other data, so long as the CLIENT's name and/or confidential data are adequately protected. J. Status - It is understood that GB is engaged to perform services under this contract as an independent contractor and not as an agent of the CLIENT. This contract shall be governed by the taws of the State of Florida. 061cg11Delray Beach, City of - 000323.doc -6- K. Managed Care - If GB provides Managed Care services as part of the CLIENT's program, either directly or indirectly through an independent contractor, CLIENT agrees that GB may be entitled to an additional fee in connection with the Managed Care services (all or part of which may be paid to GB by the independent contractor) and to comply with the procedures for utilizing any such Managed Care services. Any such additional fee will be in exchange for bona fide administrative services provided by GB in connection with the Managed Care services. If GB provides CLIENT access to the First Health Preferred Provider Organization, CLIENT agrees to comply with the procedures for utilizing the First Health PPO Program. L. Reporting - GB will not assume that other coverage (unknown to GB) exists for a qualified claim or loss. GB shall not be responsible for reporting to carriers on a type of claim or loss not managed by GB. M. Fines and Penalties - GB shall not be responsible for any fines or penalties assessed by any governmental agency because of the acts or omissions of the CLIENT, or by previous or successor claim administrators. N. Solicitation of Emgloyees -CLIENT agrees that, during the term of this Agreement and for atwo-year period thereafter, CLIENT shall not, without the consent of GB, solicit to hire, or hire any employee of GB who, during the term of this Agreement, has performed, or contributed to the performance of, services hereunder. CLIENT further acknowledges that the damages suffered by GB as a result of a breach of this obligation would, be significant but not susceptible of easy calculation. Accordingly, in the event of a breach of the aforesaid obligation, CLIENT agrees to pay GB an amount equal to one hundred fifty percent (150%) of such employee's annualized salary amount at GB as of the date of breach. O. Risk Control Consulting -With respect to any risk control consulting services, including any form of inspection service provided by GB to CLIENT: 1. Such services shall be in the nature of advisory to the CLIENT only and shall not be construed as imposing upon GB any duty to implement any recommendation made by GB or to otherwise ensure that any premises, equipment or other subject matter of a GB consulting service is safe or free from hazards or defects; 2. Such services shall be solely for the benefit of CLIENT and shall not be construed as creating any duty to, or conferring any right to, any third party, including without limitation, any duty to warn any third party or the public at large; 3. If GB fails to complete the contracted Risk Control Consulting Services during the term of this Agreement due to the CLIENT's failure to cooperate with GB's service delivery objectives, then GB will have an additional six (6) months in which to complete the contracted services. If the CLIENT fails to cooperate with GB's service delivery objectives during such six (6} month period, then GB's obligation to complete- the contracted services will be deemed to be fulfilled and CLIENT shall not be entitled to any refund for services not provided. If for any reason other than CLIENT'S lack of cooperation, GB fails to complete the contracted services during the term of the Agreement, then CLIENT, at its discretion, may either receive a refund for that portion of the contracted services which were not completed or may extend the term for completion of the contracted services by a period of six (6) months. P. Records Retention - GB will retain claim files for 24 months following date of closure. Thereafter, files will be returned to the CLIENT or forwarded to such location as may be designated by the CLIENT for continued storage. GB will retain hard-copy checks for ninety (90} days following the date of bank clearance. Thereafter, copies of checks will be maintained on CD ROM. Q. Subrogation - To the extent GB is involved in pursuing recoveries against third parties or otherwise undertaking subrogation activities on behalf of CLIENT, GB is authorized to collect, in the name of the CLIENT or in the name of GB, all funds due as a result of such recovery or subrogation activities. GB shall not be required to establish any trust accounts for the benefit of CLIENT, but shall promptly and fully account for all funds so received. 061cg11Delray Beach, City of - 000323.doc 7- R. Taxes -CLIENT shall be responsible for payment of all applicable sales, use, ad valorem and excise taxes; duties; and assessments relating to the services provided hereunder. CLIENT shall ho{d GB harmless from all claims and liability arising from CLIENT's failure to pay such taxes. S. Non-U.S. Dollar Transaction - In the event that GB handles any non-U.S. Dollar claims, CLIENT shall be responsible for any rate fluctuations. T. Escheat -The parties acknowledge that any and all escheat and unclaimed property obligations of any type or variety lie with CLIENT and not GB. Pursuant to the other terms and conditions of this contract, GB shall provide CLIENT with such information and reports as reasonably required by CLIENT to perform this function. SCHEDULE IV DEFINITIONS Claim -Any report of an accident (first or third party) alleging or resulting in injury, damage, or loss which could give rise to a demand for the payment of money. The claim charge is applicable on a per occurrence, per claimant, per line of coverage basis as defined in the RISX-FACS® system. Discretionary Settlement Authority - GB is authorized to make payment, for loss or expense, up to this amount, as GB deems necessary. Qualified Claim or Loss - GB will investigate and adjust any loss or claim occurring within the service term, provided the loss or claim type is identified in Schedule V. Allocated Expenses -Shall be the responsibility of the CLIENT and shall include, but not be limited to: • legal fees • professional photographs • medical records • experts' rehabilitation costs • accident reconstruction • architects, contractors • engineers • police, fire, coroner, weather, or other such reports • property damage appraisals • extraordinary costs for witness statements • official documents and transcripts • sub rosa investigations • medical examinations • extraordinary travel made at CLIENT's request • court reporters • fees for service of process • pre- and post judgment interest paid • chemists • collection costs payable to third parties on • subrogation • any other similar cost, fee or expense reasonably chargeable to the investigation, negotiation, settlement or defense of a claim or foss which must have the explicit prior approval of the CLIENT • Managed Care Managed Care -Managed Care services shall include, but not be limited to: • preferred provider organization networks • state fee scheduling • usual, customary and reasonable bill review • medical case management and vocational rehabilitation network • utilization review services • light-duty and return-to-work programs • prospective injury management services • hospital bill audit services • wholesale pharmaceutical network • retail pharmaceutical network Ob'1cg11Delray Beach, City of - 000323.doc -8- SCHEDULE V ~~lent: City of Delray Beach Service Period: From 1011/04 to 10/1/05 SERVICES PROVIDED: A. Claims Administration Auto Liability -Bodily Injury (AB) Auto Liability -Property Damage (AD) Auto Physical Damage (APD) General Liability -Bodily Injury (GB) General Liability -Properly Damage (GD) Products Liability Professional Liability Property (PR) Workers' Compensation (WC) Medical Only Indemnity Other Assumption R. Information Services RISX-FACS® Standard Package Non-Standard Reports risxfacs.com Terminals 8 Printers Data Transfer Other SERVICES AND FEES GB Client #: 000323 IIIS~ SERVICES PROVIDED: II]!:1 C. Loss Funding X 2,400 SIMMS X 2,388 X 5,280 Voucher X 2,765 Client Owned Banking X 6,720 D. Supplemental 16,808 X 3,840 Loss Notice Program Rpt. Level $ X 0 Topical Captioned Rpts Rpt Level $50,000 X Inc. X 3,840 Meetings X Inc. X 960 Settlement Authority - `See Below X Inc. Index Bureau X Inc. X 46,550 Coordination X Inc. X 21,850 Audits Incident Processing X Ina Record Only Processing Update Appreisals Risk Inspections X 9,460 GB/GCR Mgd. Care (Paid Off File) X WC E. Risk Control Consulting X 2,332 Loss Control - Hours Risx-Control Consulting - Hours TOTAL $ 125,193 ADDITIONAL SERVICE TERMS AND CONDITIONS: Client will be billed $480 per claim for each Liability or Property claim reported against the initial deposit of $23,040, $553 per claim for each Auto Physical Damage claim reported against the initial deposit of $2,765, $475 per claim for each Workers' Compensation claim reported against the initial deposit of $68,400 and $48 per incident for each Electronic Incident reported. Outside investigation on Liability and Property claims will be billed on a time and expense basis at the rate of $130 per hour plus expenses. Exceot-100 (E&O) claims will be billed at the GB claim input rate of $53 per claim; any additional work beyond input will be billed at the rate of $134 per hour. This is the first year of a three-year agreement. The increase in the cost per claim will be 5.5% from year one to year two and 5.5% from year two to year three. BILLING AND PAYMENT TERMS: is payable in 1 annual installment beginning 10/1/04. Fees are payable upon receipt of invoice. GB reserves the ,~~t to charge 1 % per month, or the maximum legal rate, on balances unpaid after 30 days. * Indemnity @ $5,000 -All Others @ $0 O6~cg11Delray Beach, City of - 000323.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Cerina Anderson, CCR/Weed & Seed Program Manager l~~ THROUGH: CITY MANAGER DATE: Apri125, 2007 SUBJECT: AGENDA ITEM # ~ ~ ~ -REGULAR MEETING OF MAY 1, 2007 AMENDMENT TO INTERLOCAL AGREEMENT ITEM BEFORE COMMISSION CCR staff request that the amended Interlocal Agreement between the City of Delray Beach and the PBC Criminal Justice Commission be accepted as proposed in the attached document. BACKGROUND In an effort to return the Weed & Seed sites to a normal budgeting cycle the PBC Criminal Justice Commission has agreed to provide an additional $50,000.00 under the current contract via the amended agreement to sustain current programs without interruption. FUNDING SOURCE PBC Criminal Justice Commission RECOMMENDATION CCR/Weed & Seed staff recommends that the terms of the amended Interlocal Agreement be accepted as proposed in the attached document. FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT, dated this day of , 2007, to the Agreement (R2005-2433) of December 20, 2005, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as COUNTY, and the CITY of Delray Beach, a municipality located in Palm Beach County, Florida, hereinafter referred to as CITY. WITNESSETH: WHEREAS, the parties have entered into the Agreement of December 20, 2005 under which the CITY agrees to provide or contract "seeding" efforts, as more specifically set forth in the Scope of Work as detailed in "Exhibit A" of said agreement and in accordance with the resident-driven strategic plan; and WHEREAS, the COUNTY has agreed to provide support to the Delray Beach Weed and Seed "seeding" efforts; and WHEREAS, the term of said Agreement is from December 20, 2005 through April 30, 2007 for an amount not to exceed $100,000; and WHEREAS, the parties mutually desire to extend the Agreement for an additional five months, until September 30, 2007 and increase the dollar amount of the agreement by an additional $50,000; and WHEREAS, the COUNTY agrees to reimburse the CITY from Criminal Justice Reserve Funds. NOW, THEREFORE, in consideration of the mutual covenants and agreement expressed herein, the COUNTY and CITY agree as follows: 1. The term of the Agreement is amended to provide that the Agreement shall continue -until September 30, 2007. 2. The CITY agrees to provide additional support to the Delray Beach Weed and Seed "seeding" efforts as more specifically set forth in the Scope of Work as detailed in "Exhibit B" and attached hereto. 3. Subject to the receipt of the applicable funding, the total amount to be paid by the COUNTY for the additional services for the period May 1, 2006 through September 30, 2007 under this First Amendment shall not exceed Fifty Thousand Dollars ($50,000) from the COUNTY'S Criminal Justice Reserve Funds in accordance with the budget detailed in "Exhibit C„ and attached hereto. 4. Based on the additional funding, the COUNTY's entire financial obligation shall be One Hundred Fifty Thousand Dollars ($150,000) for the period December 20, 2005 through September 30, 2007. 5. The CITY agrees to provide, in writing, to the COUNTY written monthly progress/activities reports of the CITY's Weed and Seed "seeding" efforts. 6. The CITY and the COUNTY shall designate one person from each organization to meet on a monthly basis to evaluate the progress of the Weed and Seed initiative. If for any reason, the COUNTY is not satisfied with the progress of the Weed and Seed initiative, the CITY agrees to resolve the progress/performance issue(s) within thirty (30) days of the date of such written notice by the COUNTY to the CITY. 7. The CITY shall bill the COUNTY on a monthly basis at the end of each month for eligible expenses. All requests for payment of expenses eligible for reimbursement under the terms of this Agreement shall include copies of payroll register, paid receipts, copies of check, invoices and/or other documentation acceptable to the Palm Beach County Clerk & Comptroller Finance Division. Invoices to the COUNTY shall include a reference to this Agreement, identify the project and identify the amount due and payable to the CITY. Invoices received from the CITY will be reviewed and approved by the COUNTY's CJC Executive Director, indicating that expenditure has been made in conformity with this Agreement and then will be sent to the Palm Beach County Clerk & Comptroller Finance Division. 8. Notwithstanding the forgoing, the parties agree to act in good faith in resolving any disputes as it relates to the CITY's Weed and Seed "seeding" efforts. All other provisions of said Agreement are hereby confirmed, and except as provided herein are not otherwise altered or amended. All the terms and conditions of the Agreement of December 20, 2005 as amended, are hereby confirmed and remain in full force and effect. In accordance' with Palm Beach County Code, Chapter 2, Article III, Section 2.51., this First Amendment shall not take effect until executed by the CITY and COUNTY. 2 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Contract on behalf of the COUNTY and CITY has hereunto set its hand the day and year above written. ATTEST: SHARON R. BOCK, Clerk 8~ Comptroller PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS: By: Deputy Clerk CITY: Delray Beach, FL By: - ..~..-__ - M~ybr _ Approved as toform and legal s/u~fficiency: By: <.J Q'~~ ,City Attorney ~ y ~~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney By: Addle L. Greene Chairperson Witnesses: cam. ~c~c.~. ~ APPROVED AS TO TERMS AND CONDITIONS By.~, n Crimfinal Justic mmission Executive Direc 3 EXHIBIT B CITY OF DELRAY BEACH Weed and Seed/ Coalition for Community Renewal Scope of Work CONTRACTUAL $33,497.00 Offender Re-Entry Collaborative Project (PIT: G2 01) $18 080 During the past contract year, a successful re-entry project was developed collaboratively by the three coastal PBC sites with Goodwill acting as the provider for these services. Costs may include: salary, benefits, training, substance abuse treatment, and other ancillary services that pose.. as barriers to employment. An increased population of ex -offenders returning to the Delray Beach area requires program expansion in order to adequately accommodate those returning to our community. All costs are on a reimbursement basis. and monthly statements of costs will be submitted. Safe Haven Educational Enrichment: lPIT: G1 01) $5000 Pompey Park Safe Haven Hours of Operation: 1101 NW Second Street Mon. -Fri. 8:00 am -10:00 pm Delray-Beach, FL. 33444 Saturday: 9:00 am - 8:00 pm Sunday: 1:00 pm - 6:00 pm (561) 243-7356 The Pompey Park Safe Haven is in the middle of our Weed & Seed Neighborhood. It is named after long-time Delray Beach resident C. Spencer Pompey and covers 17.5 acres of land. The main recreation center building has office and athletic staff on duty, restrooms (inside and outside), drinking fountains (inside and outside), 1 game room, a gymnasium, auditorium with a stage and full kitchen, indoor basketball court, indoor volleyball, 2 lighted little league baseball fields, 1 lighted junior/senior league baseball field, 1 multipurpose field, spectator bleachers/benches located at each field, 2 batting cages, press box, concession stand, outdoor lighted tennis courts, outdoor lighted basketball courts, outdoor lighted racquetball courts, a state of the art playground area, 2 picnic pavilions, and picnic areas with barbeque grills, tables, and benches. Adjacent to the recreation center is the Pompey Park Pool. The center accommodates approximately 150,000 participants yearly and there are over 48 clubs, organizations and civic groups utilizing Pompey Park on a regularly scheduled monthly basis. Approximately half of the Neighborhood Associations in the Weed & Seed neighborhood hold their meetings at Pompey Park. Additionally, many of the non-profits and community-based groups hold meetings here as well. EXHIBIT B Pompey Park provides basketball, Little League, adult baseball, racquetball, softball, and tennis. Additional programs/ services occurring on-site include: the Weed & Seed Seed-Tech computer lab, tutoring, out-of school services, and VITA tax assistance. Regular community events occurring at the Pompey Park Safe Haven include: the Keith Straghn Thanksgiving dinner, Martin Luther King Jr. Celebration, and the Roots Festival. Community Center Safe Haven 50 NW 1st Ave. (561) 243-7250 Hours of Operation Monday -Friday 8:00 am - 10:00 pm Saturday 8:00 am - 5:00 pm Sunday 10:00 am - 6:00 pm The Community Center provides an Out of School Program for one hundred children between the ages of five and twelve years and is one of this site's designated Safe Havens. The Out of School Program provides recreational activities during holidays and school vacations and has an inclusion program for children with special needs. The Community Center has the following areas available for public use: a gymnasium and stage area, locker rooms, kitchen, and five multi-purpose rooms. The Community Center offers a variety of recreational programming for the public including: basketball, badminton, dancing, and exercise classes. Studies show that positive relationships with adults act as a protective factor against youth violence. Therefore, quality after-school programs are essential for communities experiencing a high level of deterioration. The City of Delray Beach Parks and Recreation Department provides an Out-of-School Youth Program for children ages 5 to 12 which provides supervision and structure for these children. The project targets "latchkey" children residing primarily in the Weed & Seed community. Approximately 90 children are served in the Pompey Park Safe Haven, 100 at the Community Center, and 100 at Pine Grove. Hours of operation for this program are 2-6 PM, Monday through Friday August -May and 8-6 during the summer. Since we know that poor academic achievement and school failure have been identified as factors that contribute to the risk for violence, these funds will be used to continue enhancement of age appropriate academic programs, strengthening the educational component. The funds will be used to purchase updated academic software for the Seed Tech computer lab for students enrolled in the haven's after -school programs. Delray Youth Vocational Charter School (PIT: G1 02) $10 542 This non-profit, charter school provides training in automotive repairs, life skills and GED preparation for at-risk youth. In Aug. 2005, the school moved to its new facility and expanded its capacity to 100 youth. Services are provided throughout the academic year according to the Palm Beach County school calendar. This provider seeks funding to support a portion of the salary of a social worker to provide in-depth supports to the at-risk youth in attendance at the school. Additional funding will be used to support the schools need for a Social Worker. 2 EXHIBIT B All costs are on a reimbursement basis and monthly statements of costs will be submitted. PROGRAM SUPPLIES AND TRAINING $2,200.00 Community Events (CP: G2,O1) $1 000 Periodic community events are planned throughout the year. Weed & Seed participates in many of them in order to garner community support and educate residents on the mission of Weed and Seed. Events promote Safe Haven programming, provide educational opportunities for Safe Haven participants, and are frequently held in the Safe Haven itself. These events include the Youth Crime Prevention Summit (sponsored collaboratively by Weed & Seed, the Delray Beach Police Dept., and Head Start).Funds will help purchase food and miscellaneous supplies for the events. Reimbursement requests will be submitted no later than 30 days post each event. Neighborhood Advisory Board Expenses (CP G1 02) $200 The Neighborhood Advisory Board consists of thirteen members who participated in developing the site's strategic plan. Members include: residents, community leaders, and service providers. The committee meets up to monthly in the evening at dinnertime. Light refreshments are provided.. During the course of the year, members will be recognized for their contribution. On occasion, a local trainer may be needed to ensure the committee work is done collaboratively. Costs include refreshments, recognition, promotional items,.trainer, etc. All costs are on a reimbursement basis and monthly statements of costs will be submitted. Carver Kids of Character Safe Haven Program (PIT: G1 01) $1 000 The Carver Kids of Character program is designed to promote a drug free and violence free lifestyle for youthful residents Auburn Trace (section-8 housing) and th.e surrounding area (previously focused on Carver Estates prior to its destruction during Hurricane Wilma). The program is the brainchild of two Delray Beach community- policing officers who offer activities designed to build relationships with positive role models. Currently, the program offers free, weekly Karate lessons provided by a police officer. In addition to the Karate lessons, the program schedules an annual Black History essay contest, and 2 Holiday parties. Over 100 youth have registered for this program and a core group of approximately 30 participate on a regular basis. The Police Department pays all salary and benefits for the officers associated with the Carver Kids of Character project. Funds are needed for miscellaneous supplies such as: safety 3 EXHIBIT B equipment, uniforms, tournament fees (for competitions), refreshments, and prizes for the essay contest. While enrollment continues to increase, the funds will be used to cover fees for the new attendees including uniforms, safety equipment and miscellaneous supplies. All costs are on a reimbursement basis and monthly statements of costs will be submitted. Community Training (NR: G1,02) $12 128 Send one Community member to Community conference Registration: $150 Airfare: $500 Hotel $113/night x 4 nights = $450 Per Diem: $36/day x 4 days = $144 Total: $1,300 the regional Preventing Crime in the Black + Incidentals $55 = $199 Send two board members and one staff to the annual Neighborhoods USA (NUSA) Conference. Registration: 150 Airfare: $550 Hotel: 119 / night x 4 nights = 476 Per Diem: $40/day x 4 days + Incidental ($50) = 210 Total: $1386 per attendee Other Training: Provide miscellaneous training by the Center for Nonprofit Excellence and others on Board and. Non-profit development: $1,600 Community-wide training in partnership with the Delray Institute to provide training to residents on leadership skills, community involvement, and other community issues such as youth violence: $4,228 PRINTING/ PROMOTIONAL $1,500 Promotional Supplies (CP: G2, 01) $1,500 In order to educate the community about the CCR/ Weed & Seed mission, activities, and progress, the Neighborhood Advisory Board has planned the development of a brochure, signage for special events, .flyers and other promotional items (such as pins) for distribution at community events and conferences. These supplies will be available during special events and will support safe haven programming. Additionally, a "wall of shame" is planned for the Safe Haven. Due to a change in the CCR site location and management staff, the funds will used to print updated community information, 4 EXHIBIT B brochures, flyers, letterhead and business cards reflecting the correct location and contact information for the staff and CCR primary office for Delray Beach. All costs are on a reimbursement basis and monthly statements of costs will be submitted. 5 COALITION FOR COMMUNITY RENEWAL WEED & SEED EXHIBIT C SEEDING BUDGET: BUDGET 03/01/07 PROPO_SE_D _ _ BUDGET ,- Ma~r_- Sept. 07 Month/ Rate No. Months Contractual - _---- "-" Offender Re-ent -Goodwill Ma -Sept.'07 ~ - ~__~. Pro ram Mana er 1916.00 5~ $9,5$fl.00 Ancilla Su ort 1700.00 _ 5 ~ ~ $8,500.0 Pro ram subtotal _ ~ ~~ $18.D8~1:04 Safe Haven Educational Enrichment $5,0(10.04 DYVCS ~ $10,542.00 _ ___ _ _ __ __- _________ Contractual Subtvtat ' - - -~- $33 622.00 Pro ram Su lies Communi Events ~ ~~ Youth Crime Prevention Summit ~ ~ $1,500.00 note: held annual) in Jul Nei hborhood Adviso Board 7.._-_.___~_. Refreshments at meetin s; ap reciation banq uet 5 ~,' $250.00 Carver Kids of Character r $1,000.00 _~ _.___-_ Trainin Program Supplies Subtotal _ __ _-- i__ _ ___ _ ----- F - - --- __ r. _.. _.....$2,750.00 Preventin Crime in the Black Communi $1,3 0 0 :00 note: held annual/ in Ma _ _ . _ __ .- ~ ~ ~ ~ ~~ Nei hborhoods USA NUSA) $3,000.00 note: held annual! in Ma Other Trainin ~ _ __ _ _,__.__._.__._.-.-_ -. Such as: Strate is Plannin follow-u ,Center for Non- rofit Excellence; ~ $1,600.00 CCDO Nat'I conf. 2007 ~ ~~ $2,000.00 Resident Trainin : Delra Institute Collaborative ~ $4,228..00 Youth Violence ----_ -`-_-- e Resident Leadershi Trainin --- -------~~_ _ ~ __~ ~_.. ,,__~512,128A Training Subtotal Printin ~ Publishin /Promotional _.__ __ _ Promotionalltems ~ ~ ~$1,5t11;00 Promotional Sultotal, ~ J $1,500.00 m~._ ......_. _- TOTAL _ _ $50,000.00 Date: 04~25~07 Request to be placed on: (:c.mscnt :agenda When:. Ul. 20U AGENDA TTEM NUMBER: AGENDA REQiJEST Kegular Agenda VG'urkshop Agenda Special Agenda Description of agenda item (who, w}iat, where, how much}: Cerina Anderson, Coalition for Community Renewal/Weed & Seed Program Manager requests Commission to accent the amended Interlocal Agreement between the City of Delray Beach CCR/Weed 8~ Seed and the Palm Beach County Criminal Justice Commission for the amount of 550,000.00. The additional funding will sustain services outlined in the scope of work. Copies of the contract are attached for your review. Department Head .• , r Signature: i.~l"I ~~ ~'L ~~ir~ '/~L .t-~l 7 Ciry Attorney Review/Recommendation (if applicable): sc sTi~~aturc on a~ccmcnt Budget Director Review (required on all items involving expenditure of funds): Funding r1~~ailable: :account Number: Description account Balance: funding :1lternatives Ciry Manager Review: J.L.:1 (if applicable) Approved for Agenda: Yes / No Iiutials: Hold Until: 1'es % No Initials: Agenda Coordinator Review: Received: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JASMIN ALLEN, PLANNER~`~''"~`'~' ~~~/~~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: APRIL 25, 2007 SUBJECT: ~~~. REPORT OF APPEALABLE LAND USE ITEMS APRIL 16, THRU APRIL 27, 2007 ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of April 16, 2007 through April 27, 2007. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of April 25, 2007: A. Approved with conditions (5 to 0, Shane Ames and Connor Lynch absent), a request to amend the master sign program for Lavers International Plaza, located on the south side of Linton Boulevard, between SW 4"' Avenue and SW 10'h Avenue. B. Approved (5 to 0), a request for a color change for Wal-Mart, located on the west side of Military Trail, south of Linton Boulevard. L~ C. Approved (5 to 0), a request for a color change for Fairways on the Greens, an existing multi- family residential development located on the north side of Lowson Boulevard, between Congress Avenue and Homewood Boulevard. City Commission Documentation, Meeting of May 1, 2007 Appealable Items Historic Preservation Board-Meeting of April 18, 2007: Approved (5 to 0, John Miller and Toni Del Fiandra absent) a request for a Certificate of Appropriateness to allow a change in the roofing material for a contributing single family structure located at 112 North Swinton Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: ^ Location Map 2 CITY OF DELRAY BEACH, fLOR/DA City Commission Meeting ~ GULF STREAM BLVD. MAY 7, 2007 w o ~ ~ ~ , ~~ w L-30 CANAL w W ~ L A 0 4 ' Q sos ~ , _ _ ~ m ~ 1 -' ~ , 5 ~ ~ ~p~ W I ~ c~ . J ~ ~ ~ I a ~ ~ w f7 y ~ u c ~ ~ VD ! LAKE IDA ROAD BL l a 5 ~ LAKE ip O I ~ '4 ROAD - r = m - ~ a. „ , = 3 m I - _ ~ _ _, ~+ 1 - , ~°, , i __ 1, ~ Q ~ ti 3 1 r j ! I L„ `~„ J ~ TLANTI AVENUE ~ ,~„~ ,_„~ ~' .~ ~ z I ¢ j 806 A E E S . 2ND ST ~ ATLANTIC ~ = f ~ L 2 O I cs - _ _ ~ i ~ a A1A ~ <a ~ 3 3 " y ~ ~^ ~ ti ~ 1 w w (( ~ )) J ~ ~ I m 2 LOWSON BOULEVARD S. W. 10TH ST 'r w ~ ~ Q `ti. p ~ U Q _ I > R 3 w k o 3 W `i 1 ' ~! ~' C -+ ~ ~ p ~ ci ~; o ; Q 1 w LINiON 80ULEVARD ~ - W ~ , G~c,~NT ~ L . _, . D~N RDPD ~ 3 W i ~ Z G ~OF ~. 3 ~ ~ ~ I ~ ~ x o L„~ a y O y ` W w ~ n nc L-38 CANAL 11 I I C-15 CANAL ~ ~~~I I N _~ _ ~_ ciTruMlrs .~~-~~_ _ ~ ONE MILE I SPRAB HPB GRAPHIC SCALE A. LAVERS INTERNATIONAL PLAZA 1. 112 N. SWINTON AVENUE CITY OF DELRAY BEACH, Pc 8. WAL-MART PLANNING 8 ZONING DEPARTMENT MAY 2007 C. FAIRWAYS ON THE GREEN - -DIGITAL BASE MAP SYSTEM-- w.w MEMORANDUM TO: Mayor and City Commissioners FROM: Jacklyn Rooney, Purchasing Manag ...~ THROUGH: Joseph Safford``'~'frlance Director DATE: ~pri124, 2007 Q SUBJECT: AGENDA ITEM # V. ~-,., -REGULAR MEETING OF MAY l BID AWARD -BID #2007-28 ANTI-RUST CHEMICALS IN CITY IRRIGATION SYSTEM Item Before Commission: City Commission is requested to approve the bid award to low bidder, All Florida Rust and Water, Inc. for Anti Rust Chemicals in City Irrigation System for an estimated annual cost of $34,000. Backg,~ound: Bids were received on March 29, 2007 from two (2) contractors all in accordance with City purchasing procedures. (Bid #2007-28. Documentation on file in the Purchasing Office.) See attached memo dated March 29, 2007 to Parks Maintenance Superintendent from Purchasing. The Director of Parks and Recreation and the Park Maintenance Superintendent recommend award to low bidder, All Florida Rust & Water, per attached memo dated April 18, 2007 Funding_Sowce: Funding from Account Code 119-4144-572-46.40 -Beautification Trust Fund, Repair & Maintenance Services, Beautification Maintenance. Reconunendation: Staff recommends award to low bidder, All Florida Rust & Water Inc., for Anti Rust Chemicals in City Irrigation System for an estimated annual cost of $34,000. Attachments: Memo from Purchasing To Parks Maintenance Memo from Director of Parks and Recreation CITE OF DELRAY BEAC~I DELRAY BEACH 100 N.W. 1 st AVENUE •DELRAY BEACH, FLORIDA 33444 407J243-7000 au-an~cac~y 1993 MEMORANDUM TO: Jackie Rooney Purchasing Supervisor FROM: Tim Simmons Parks Superintendent THROUGH: Joe Weldon Director of P ks and Recreation SUBJECT': Bid #2007-28 for "Anti-Rust Chemicals in City Irrigation Systems". DATE: April 18, 2007 It is my recommendation that we award this bid to All Florida Rust & `Water. Their address is: 6900 5.W. 21St Ct. #13 in Davie, FL 33317. Rick DePalo -Sales Manager. Telephone (954) 474-7890. Contact person is: Joanne Judge (954) 474-7890. If you have any questions, please contact-me at ext. 7260. -Li`_'v ~ Tim Simmons Parks Superintendent THE EFFORT ALWAYS MATTERS ®Printed orr ABCycled Paper a a „~ S e'M ~ 'fl _ H C + 'j,, e o 'C ° a c1 11! O ti ~ > O N ~ ~ m m ~ ~ mQ °; ~ ~ Z z ~ r ~ ~ ~ ° ~ J ~ O ~ ~ ~ ~ ~ ~ r- o da tr O ~ o c r- ~~ ~ ~ V m d ~ F $N ~ R~ ~ ~ ~ ~ v G=C Z " vi o ~ ~n '- ~, Z G~ ~ at ~~~ v W W ~ 3 J a ~ ~~>~~ v . u JL~ ~ p Iia~3~a~ R ~ _ t v ~ IA ~' a . ~ ~ ~` ~ ~ m ~ ~ O ~ ° ~ g ~ c do wr m + ::: O. + ac v° ~ # Z b ~r o o ~- c ~ C m ~~:° m m ~ ~ T ` ~a ~m cad ~ ~o ' m ° v 3a ~ `~ ~ ~ E ~~ .. ti ~ z t ' v c m w w a~ c -~ E .o m ~ > ~ ~ m m m > a o°c°~ C~t'a w~° z ~~ AGENDA ITEM NUMBER: ~ ~ ~ •, AGENDA REQUEST Request to be placed on: May 1, 2007 Date: April 24, 2007 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: Approve award to low bidder, All Florida Rust and Water, Inc. far Anti-Rust Chemicals in City Irrigations System for an estimated annual cost of $34,000. Pricing per Bid #2007-28 ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve bid award to All Florida Rust and Water, Inc. for Anti-Rust Chemicals in City Irrigations Systems for an estimated annual cost of $34,000 per bid #2007-28. Funding from account code 119-4144572-46.40 -Beautification Trust Fund, Repair 8 Maintenance Services, Beautification Maintenance. Department Head Signature: `~-:, Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~~'" Funding alternatives: No Account Number: (if applicable) Account Description: Account Balance: City Manager Review: Approved for agenda No Hoki Until: ll..~~ Agenda Coordinator Review: Received: ak ~'1 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNE PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER ~~ - DATE: APRIL 17, 2007 SUBJECT: AGENDA ITEM # 1 • DISTRICT. ITEM BEFORE COMMISSION AT The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board's (HPB) decision made on March 21, 2007. The HPB approved the Certificate of Appropriateness (COA) for the new construction of a two-story garage/guest suite located at 238 SE 7th Avenue based on findings that the request was consistent with the Comprehensive Plan and met the criteria set forth in LDR Sections 4.5.1(E)(4), (E)(7), (E)(8)(a-k), and 4.3.3(Q), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. BACKGROUND At the March 21, 2007 Historic Preservation Board (HPB) meeting, a Certificate of Appropriateness (COA) for the construction of a new two-story, garage/guest suite located at 238 SE 7th Avenue was approved with conditions. The Staff Report noted that the development proposal was not consistent with either the development patterns of accessory structures within the historic district nor the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, or the Secretary of the Interior's Standards for Rehabilitation, all of which are used in the review and issuance of a COA. Staff's recommendation to the HPB was denial of the application, as positive findings could not be made. Staff also presented a letter from the State of Florida's Bureau of Historic Preservation which not only reinforced Staff's analysis that the proposal was inconsistent with the aforementioned Standards, but could also require that the current Historic Preservation Tax Exemption be revoked, requiring repayment of the exempted taxes with interest. A complete analysis of the proposal is found in the attached Historic Preservation Board Staff Report of March 21, 2007, as well as the aforementioned letter from the Bureau of Historic Preservation. REVIEW BY OTHERS The Board followed the established quasi judicial procedures in considering the project. The applicant offered testimony in support of the development proposal. The Board took testimony from members of the public. City Commission Documentation, Meeting of May 1, 2007 Appeal of HPB Action - 238 SE 7~h Avenue APPEAL On April 3, 2007, the City Commission voted to appeal the Historic Preservation Board's action of the subject property. The basis of the appeal is that the actions taken by the Historic Preservation Board were inconsistent with the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. The relief being sought is that the approval of the COA be reversed and the development request be denied. RECOMMENDATION Approve the appeal, thereby reversing the Historic Preservation Board's approval. Attachments: ^ Historic Preservation Board Memorandum Staff Report of March 21, 2007 ^ Letter dated March 21, 2007 from David Ferro, Supervisor, Architectural Preservation Services Section, Bureau of Historic Preservation, State of Florida. 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the approval of a Certificate of Appropriateness for the new construction of a two-story garage/guest suite located at 238 S.E. 7~' Avenue has come before the City Commission on May 1, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval of a Certificate of Appropriateness for the new construction of a two-story garage/guest suite located at 238 S.E. 7~' Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I, II and III. I. LDR REQUIREMENTS a. LDR Section 4.5.1(E)(4), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features Are these guidelines met? Yes No b. LDR Section 4.3.3(Q), "Guest Cottages", provides guidelines for size and occupancies of guest cottages Are these guidelines met? Yes No Have the overall objectives of the LDR's been met? Yes No II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: The Delray Beach Historic Preservation Design Guidelines suggest the following which apply with respect to the subject application: • Avoid obscuring or destroying characteristic features of the original building. While the proposed development is not added onto the existing historic structure, it would obscure or destroy those features as viewed from the streetscape. • New accessory structures should complement the principal building, and should be located to either the rear or the side of the principal building. While complimentary, the proposed new construction sits directly in front of what is left of the original structure, as seen from the street. It is in no way situated to the side or rear of the principal building. • Accessory structures should not block any portion of the front facade of the principal building. The proposed new construction is situated directly in front of the principal building. • By their very nature, the role of the accessory structure is subordinate to the principal building. While the use of the proposed new construction may be subordinate to the principal building, its location and setting dominates the property. Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines been met? Yes No III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: The Secretary of the Interior's Standards for Rehabilitation recommend: • The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard 2) • New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation been met? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 2 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this day of May 1, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin City Clerk 3 URRAY SUCH aFanark,cRY ~~~~~.~~ ,~~~,, <<,~„ HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Authorized Agent: Eliopolous Architecture, Inc. Property Owner: Mr. & Mrs. Dan Dietrich Project Location: 238 SE 7th Avenue, Marina Historic District HPB Meeting Date: March 21, 2007 COA: 2007-098 DLLRAY SUCH a~anaec.~ ll'~~! ,~~~~, :~,~„ ITEM BEFORE THE BOARD The item before the Board is consideration of a Certificate of Appropriateness for the construction of a two-story garage/guest suite at 238 SE 7th Avenue, Marina Historic District pursuant to LDR Section 2.4.6(H). -- ~- BACKGROUND The subject property consists of Lot 15 and the South 10 Feet of Lot 16, Gracey-Byrd Subdivision of Block 119, City of Delray Beach. The zoning for the property is R-1-AA (Single Family Residential). The original structure is classified as contributing to the historic building stock of the Marina Historic District. In an updated 1999 Florida Master Site File Survey, it is noted that "although it has undergone modifications, it still maintains its integrity and represents the historic architecture of the area." The old City Clerk Tax Cards indicate that the original structure located on the property was built in 1937. The wood frame structure was originally owned by Fontaine Fox, author of the "Toonerville Trolley" cartoon strips. The structure located at 610 North Ocean Boulevard, listed on the Local Register of Historic Places, is named "Fontaine Fox House". Building records also indicate that he owned and developed the three lots located directly to the north. The builder of those lots was S.G. Owens, who developed many properties along SE 7th Avenue. In 1998, the Historic Preservation Board approved the construction of a two-story addition to the northeast corner of the structure, which is primarily located on the front (east) and side (north) elevations. Subsequent to the construction of the aforementioned addition, the applicants were approved for the historic preservation tax exemption. The tax exemption, applicable to improvements to contributing structures and their properties, was effective January 1, 2000 and will end on December 31, 2009. There are no additional Board or administrative actions on file regarding this property. The subject application requests consideration for the construction of a two-story garage with guest suite. In anticipation of the submittal, the applicant and/or agent met with Staff on a number of occasions regarding the subject proposal. Staff opined to the applicant and agent that a more appropriate and compatible solution would be to place an addition to the rear of the existing structure and that if variances to the rear and side setbacks would be necessary, they would be supported by Staff. It was the applicant's and/or agent's opinion that the structure does not contribute to the Marina Historic District. However, if that were the case, the approved ?_3$ SE 7th Avenue !;C?A 207-fl98 I-iPB [vleeiing ~` Ma~u~ 21: Lyon Page 2 et 'r tax exemption would not have been available for the property owners to take advantage of, as that is a benefit strictly limited to improvements to contributing structures. PROJECT DESCRIPTION The application consists of the construction of a two-story, accessory structure containing a one-car garage on the lower level, and one-bedroom guest suite on the upper level. The structure is proposed to be located approximately two feet seven inches (2'7") from the front elevation of the existing structure, and is to be situated on the front and side interior setback lines. The square footage is calculated as follows: • Footprint - 730.75 • First Floor - 390 • Second Floor - 390 • Covered Carport - 255 The exterior finish is a combination of smooth stucco on the first story, with a "smooth fiber cementitious lap siding" (imitation wood siding) on the second story. The roof is proposed to be finished with a 5-V crimp metal seam roof. A stairway with aluminum rail is proposed on the exterior of the rear (west) elevation while an attached carport is located on the side (north) elevation. Cedar wood columns and beams will support the carport and also be located on the west {rear) elevation providing a covered entry for both the garage and guest suite. All windows are proposed to be casement type and will be impact resistant and made of aluminum. Decorative, aluminum window shutters are proposed at all windows throughout. Decorative aluminum louvers are located at the gable ends. The proposed color scheme is as follows: • Roof -Mill Finish • Windows, Shutters, Doors, Trim, & Fascia -White • Wall - 15t Story -Gray (To match exposed concrete block foundation of existing structure) • Wall - 2"d Story -Yellow (To match existing color of existing structure) • Railing -White • Stucco Headers and Sills -Gray A brick pavered curb cut and drive is proposed to extend through the carport and terminate as a walkway up to the existing structure and stairway at the proposed structure. It also curves over to the garage door opening, which faces SE 7th Avenue. Atwenty-foot (20') wide, gravel drive currently extends from the street to the existing structure. ANALYSIS i REQUIRED FINDINGS Comprehensive Plan A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: 23$ SE 7th Avenue Cf3A ?UC3r-u~is HPB Maetinc~ o~ t~rl~y:~h 21 `t_~'.~' ~~C~u" ~ f( .., GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Element Objective A-12.1 of the Comprehensive Plan, offers that to assist the residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Future Land Use Element Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit size and scale of new homes to be consistent with the existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. Coastal Management Element Policy B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Management Element Policy C-1.2 The middle and. southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi- family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. DESIGN ELEMENTS LDR Section 4.5.1(E)(7) and 4.5.1(E)(8)(a-k) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for new construction. (E)(4) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. See analysis of applicable Standards below. (E)(7) The construction of new buildings or structures, or the relocation, alterafion, reconstruction, or major repair or maintenance of anon-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non- contributing building. Any material change in the exterior appearance of any existing 238 SE 7#h Rvcnue Ct?~ 2G~i-flr98 HPE? ~,~ee+.inn L~ t'~aruh 21 `LO^-7 Page 4 Qi 7 non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of hisforic buildings, structures, or sifes adjoining or reasonably approximate to the non-contributing building, structure, or site. The above LDR states that the construction of new buildings shall be generally compatible with the location of historic sites adjoining or reasonably approximate to the new construction. There are no accessory structures located in such a manner that the historic building is completely obscure from the historic streetscape. Therefore, the location is not compatible and the intent of this LDR has not been met. (E)(8) All improvement to buildings, structures, and appurtenances within a designafed historic district shall be visually compatible. Visual compatibility can include but is not limited to: (a) height, (b) front facade proportion, (c) proportion of openings (windows and doors), (d) rhythm of solids to voids: front facades, (e) rhythm of buildings on streets, (~ rhythm of entrance and/or porch projections, (g) consistency in relation to materials, texture, color, (h) roof shapes, (i) walls of continuity, (j) scale of a building, and (k) directional expression of a front elevation. The following items should be considered for revisions to the proposed application: (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or adjoining buildings within a historic district. There are no other accessory structures situated as is the proposed structure and it would not be appropriate to compare the proposed structure with the principal structures within the district. Therefore, there is no visual compatibility that may be found with respect to this requirement. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between historic sites, buildings, or structures within a historic district. The principal structures along the west side of SE 7th Avenue are significantly set back from the street. However, there are no other accessory structures situated as is the proposed structure and it would not be appropriate to compare the proposed structure with the principal structures within the district. Therefore, there is no visual compatibility that can be found with respect to this requirement. (tJ Rhyfhm of Entrance and/or Porch Proiecfions: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings, and structures within a historic district. Garage doors are not found along SE 7th Avenue. While some might be located at the front of the property, they are situated to the side elevation. Regardless, it would be more appropriate to locate the garage doors to the rear of the property, as there is an improved alleyway, which could be taken advantage of, while retaining the front yard. (k) Directional Expression of Front Elevafion: A building shall be visually compatible with the buildings, structures, and sifes in its directional character, whether vertical, horizontal, or nondirectional. The proposed structure's directional expression of the front elevation is clear. However, it is not visually compatible with the surrounding properties as the exposure of garage fronts are not historically places along the streetscape on SE 7th Avenue. 238 5~ 7#~ AvcnE~e Ct~A 2087-£~98 HPS €~te~#€r!^ C,f March 21 20u' Page !~ ~i 'r The following is suggested by the Delray Beach Historic Preservation Design Guidelines regarding new construction and accessory structures: • Avoid obscuring or destroying characteristic features of the original building. While the proposed development is not added onto the existing historic structure, it would obscure or destroy those features as viewed from the streetscape. • New accessory structures should compliment the principal building, and should be located to either the rear or the side of the principal building. While complimentary, the proposed new construction sits directly in front of what is left of the original structure, as seen from the street. It is in no way situated to the side or rear of the principal building. • Accessory structures should not block any portion of the front facade of the principal building. The proposed new construction is situated directly in front of the principle building. • By their very nature, the role of the accessory structure is subordinate to the principal building. While the use of the proposed new construction may be subordinate to the principal building, its location and setting dominates the property. The proposed new construction does not meet the intent of the guidelines as noted above. The Secretary of the Interior's Standards for Rehabilitation suggest the following: • The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard 2) The historic character of the property will be destroyed with the construction of the accessory structure directly in front of the historic (principal) structure. The relationship of the property to the historic streetscape will be significantly altered. • New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from fhe old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) While visually compatible, the proposed new construction will cause the character of the property to be lost, further compromising the integrity of the property. The subject development proposal does not comply with the above noted Standards which should have been taken into consideration by the applicant. LDR Section 4.3.3 (Q), regarding Guest Cottages, states the following: (1) Can only be used by members of the family occupying the principal dwelling, their nonpaying guests, or persons employed for service on the premises (2) The structure shall not occupy more than 1/20th of the lot area and in no case shall exceed a floor area of 700 square feet. (3) The structure shall be located to observe the setback requirements as imposed for the principal structure. The proposed garage/guest cottage appears to be in compliance with this regulation with the exception of the front setback due to the required five foot (5') dedication (See below). 2~II SE 7th Avenue CC)t~ 7El~i-u9$ HPB t,Aeet~n c,` ~~r~'~ 21. 2u~' P~c~e ~ ~f 7 y Right-of-Way Dedication Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of--way width for SE 7th Avenue is 60'. Currently 40' of right-of-way exists for SE 7th Avenue. However, the Development Services Management Group (DSMG) reviewed the application at their February 8, 2007 meeting and waived the 60' requirement, but required the right of way to expand to fifty feet (50'). Therefore, afive-foot (5') dedication (half the distance of the difference) is required. CONCLUSION The existing structure is significantly setback from the front property line. However, this is typical of the historical development patterns within the Marina Historic District. Unfortunately, due to the construction of an addition not consistent with the review criteria, there is a minimal amount of the historic front facade which is visible from the streetscape. The proposed structure would be located directly in front of that remaining portion, further obstructing any view of the contributing structure. The analysis provided throughout the Staff Report clearly shows that the proposed structure does not comply with the required review criteria. Therefore, positive findings cannot be made with respect to the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. `ALTERNATIVE ACTIONS A. Continue with the following direction: 1. That the plan is revised to show a five foot (5') dedication along SE 7th Avenue; 2. That the location of the new construction is revised to observe the front setback; 3. That the French Door note relating to the upper window on the west elevation be corrected; 4. That the stair rails are made of wood; 5. That shutter-dog hardware be provided; 6. That paint chips are provided; 7. That the garage door material is specified; 8. That the shutters are made of wood, and; 9. That the structure is revised to comply with the required review criteria; B. Move approval of COA 2007-098 for 238 SE 7th Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Move denial of COA 2007-098 for 238 SE 7t'' Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Motion to be phrased in the affirmative. See above) RECOMMENDATION 23$ SE T#h Avenue Ct~A 20flT-ti9$ HPB I~tAe'ing Of ~^2Y~h 21: 20G Page 7 Of l Deny COA 2007-098 for 238 SE 7~' Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above) Report Prepared by: Amy E. Alvarez, Historic Preservation Planner. Attachments: • Location Map • Survey • Site Plan • Elevations • Floor Plans • Photographs • 1999 Florida Master Site File BRUCE CARTER 8c ASSOCIAT'ES, INC. ~~IIII~~ LAND SURVEYORS LANG PLANNERS 1560 N.W. 2nd AVE., SUITE 5, BOCA RATON, FLORIDA PHONE (305) 395-6495 II' ~I" WEST PALM (305) 848-8455 - SKETCH OF SURVEY ~ -- - - FORS Daniel Dietrich _ 9 - - i CERTIFIED TO: ~0 ; 15 Daniel Dietrich, ----------- W ~ -~./_f /I W Greentree Mortgage Corporation of ~ Q Florida, Inc. and/or its successor II ~ ~4 ~ and assigns and ----..-.-.---'~ ------_.._ _...._.- ----------J ~ .Title U.S.A. I! tn~ -------' ~ __ '~ i SCALES /~"= 30' SE• 3 ST Q,~N GI-f M xt ~Q k .~ ,a - 7G v,EL IAA`( s y 9 r'~~" - ~ --.. ~'?L1ct'EY t DESCRIPTION: 1P $ ~o,a -~ ~s Lot 15 and the South 10 feet 3 ~~ ° of Lot 16, GRACEY-BYRD SUBDIVISION OF BLOCK 119 ~ f95 CITY OF DELRAY, according to >C ,/g3~¢ the Plat thereof, .as recorded .3 ~ ry in Plat Book 10, Page 52, of ! S*Y FRAME ~ Palm Beach County, Florida. /•'' FLoa,Q Said lands situate 1 q yln ~, ~~Z458•ss and being in Palm Beach /3.sL "' is-! County, Florida. ^~ ~ '~a~' c L` `~4 ~g" J °. ~ This.property is located in N ~, ~- ~ °o Flood Zone "X" per Community ~ Panel ~ 125102 '0004 D revised Jan. 5, 1989 - y /, 'Z e ~. M *.a a 3~ V 10.4 ~- y, N~ ~: V ~ rp H: - Iz.GB~% 0 9.6 /s ~. i {~: ~c o .... 3' ~~ Ys ........a. { ri fe.raN ro~.T 0 ,J ~ ~ .........: +L ._ ...,. .~. _ Z o per. b. ~.»:".e::i .... ~~/5~ 's OCC3 FT j )...._ -..._.__._f0 - Go. fr .. .. l !P. -FRcn 9 . ~ $9'. ~--> /25.1-. - 8 ~o.oZ K: ~~ , q~c 1 Fo. CERTIFICATE= ( hereby CERTIFY that the attached sketch of survey of the above described property is true and correct to the best of my knowledge and beilef as surv9yed under my direction in FE 6 R v A R_~ 19~. DATED: February 25, 1986 R:+~ SXyrrrr• 4hi !1f2L L~yti ~Si~eS~4rf€ fY- ..`.Nf,l. ~+t~: ~57+?'• a '.(#it%'1~~.-ry.:'~ l BRUCE N. CARTER RE6ISTEREO LAND SURVEYOR NO 2 9 6 3 STATE OF FLORIDA PHIS sketch is me property of BRUCE CARTER 8 ASSOCIATES wr ~„e ~ti~u ..,.~ b .o.,...a,._.,a ~.::..~_~_ __ ___...~.~ _ . _ ... UPDATES and/ar REVISIONS DATE BY qC'0 NOTE The undersigned and BRUCE CARTER 8 AS OCIATE UP-[? = Z- 5-~ C ~,C, S S,INC. make no representations or guarantees as to theinfarmation reflected hereon pertaining to -G.~ti/I7'%UN-i F;-/e 98 ~j,C. LG easements,rightsof-way,setbacklin~s,reservations,agreemantsandolhersimilarmatters, , Lo~i~4'rC A•y0it/o~ //-Z•98 /,S"G, LC. and further, this instrument is not intended torefled orsef froth dl suchmalfers.Such information should be obtained andconfirmedb olhe tt h ' i (! -G Y ' :' U `,G• L.;:.. re rou a Y g pprop ote title search. N~TE_ Lands shown hereon were not abstracted for right-of-way and/or easements of record. JOB N0. ORAWN BYE ~,3 C , CHECKED BY= LC F.B. PG FILE N0. 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I Page 1 Original ~, Update Site Name 238 SE 7th Avenue Project Name Delray Beach Survey 8~ Planning Project Other Names None Site # PB10270 Recorder # 366 Recorder Date 211999 Historic Contexts Depression/New Deal National Register Category Building -~ ^~~ j "> °"~ ~LOCATION'and`IDENTIFICA tON Address 238 SE 7th Avenue Vicinity of SE 3rd Stand SE 2nd St on W City Delray Beach County Palm Beach Ownership Private Subdivision Block # Lot # - ~ .i ., i iet++ USGS Map Delray Beach 1962 PR 1969 & 1973 Townshi 46S Range 43E Section 16 Quarter SW Qtr Qtr Fasting 0593097 Northing Latitude Longitude coo ~3,~ HISTORICAL STRUCTURE FORM FLORIDA MASTER SITE FILE Consult Guide To Historical Structure Forms for detailed instructions SE Irregular Section ~ UTM Zone 17 2926450 Land Grant Unknown Ptat or Other Map Palm Beach County Aerials <~J ~ ~~~.~~. ~ ~ ~ ~' --- I~~RY - ArChitect/Builder Mark Vigneault (1999 renovations) Construction Date 1937 Circa GI Alterations ~%j Date c. 1999 Type/Location windows replaced Additions ~. Date c. 1999 Type/Location two-story addition added to the northeast comer ed ~ Original Location final Use(s) .Private Residence Present Use(s) Private Residence f t ~$ ~ `/r\II I IO i i -~~~ ~J~ Style Split-Level Exterior Plan L-shaped Interior Plan Unknown Stories 2 Structural System Wood Frame Exterior Fabric Weatherboard Foundatio Pier Foundation Materials Concrete Foundation Infil Concrete Block No. of Porches 1 Locations/Features .Dormers ~ Number/Location Outbldgs. ~ Number 1 One-story wood frame shed to the northwest Nature/Location (Describe below) Roof Type Cross-Gable Secondary Structures ~ Comments/Location Chimneys ~ Number 1 Orientation South Wood Windows ~ Metal Windows ^ Exterior Ornament Condition Excellent Roofing Materials 5-v Sheet Metal Location Wall, Exterior Material Brick Type DHS Type Cornerboards, Rafter Tails, Vents, Shutters Light # 616 Light # Surroundings Residential Narrative (general, interior, landscape, context; 3 lines only) This building has been significantly altered by the replacement of windows and a large two-story addition which obscures the original structure. Flat wood trim surrounds the windows and triple French doors are located in the entryway. This building was originally a common example of 1930s residential construction. t .geological Remains Present. ~ ; None Observed east: hipped porch supported by wood posts (inside the "L") FMSF Archaeological Site Form. Completed (if yes, attach) Printed Friday, July 09, 1999 ~ge 2 HISTORICAL STRIzICTURE FORM Site # PB10270 Consult Guide To Historical Structure Fartns.tor detailed instructions ~ ~- `,' R R' A O ~"O S .. Eligible for National Register? Yes (] No ~ Likely, Need Informatio ~ Insufficient Information [~, Significant as Part of District? Significant at Local Level? Areas of Significance Community Planning And Development Yes ~ No ~ Likely, Need Informatio ~ Insufficient Information ^ Yes ~ No ~ Likely, Need Informatio ~ Insufficient Information C Summary of Significance This late-1930s residence is considered a contributing resource within the Marina Historic District. Although it has undergone modifications, it-still maintains its integrity and represents the historic architecture of the area. This residence is considered ineligible for listing in the NRHP on an individual basis or as part of a historic district. t i~,~ '~ r ~ • s ~ ,t~~ M i _ Fr 'r;-F_r r i __...~.. ~ ~.... Research Methods Sanborn maps, Plat maps, Local & County Historical Societies Bibliographic References Location: City of Delray Beach; 10o NW tst Avenue Location of Negatives City of Delray Beach; 100 NW 1st Avenue Negative Numbers 9874-24;21;W ~-~ ~" ,~~ ~,'= ~ ` -f=G~ DER W ~ R' ~ T ~ ~ ~ f ~, _ -.~ ~-t ~u~~ ti -- ~- _ tb= •s __ ~-__1_ .~ __ °~,~ __. ~ . .,= - ,~, __ .mow - ~J ,~; Recorder Name Amy Groover, Jo-Anne Peck, Susan Hochberg Recorder Affiliation JANUS RESEARCH, 2935 First Avenue North, St. Petersburg, Florida 33713 Telephone 727-821-7600 'REQUIRED: 1. USGS 75' MAP WITH''STRUCTURES.PINPOINTED IN RED 2. 'LARGE SCALE STREET OR PLAT MAP 3. 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I - .,.... ...~ ~ i d'. t t_. ~ I ' _ ... .. _.~7 f1 ~i ~ ~ ... ':~~~a~-_ :I • ~' }S~ - 531 -_ ~_ t _ ems' PCi~_ ~dV~~-C7'~~, ~.." _ ... ~:i t~ 4 r.~~L ~ - ~t~..~N:k.. - ^ .~ L .+ ~i./ rw ' V J r' Oa N Ot N A Mar 21 2007 10:09f1M HP Lf1SERJET FAX ~~yi~;~ = ~ _ `- ~' ~_ ,.,~ ' - w~ _~. _:w -.~~; FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DIVISION OF HISTORICAL RESOURCES March 21, 2007 Ms. Arny E. Alvarez Historic Preservation Planner City of Delray Beach 100 NW First Avenue Delray Beach, Florida 33444 p.2 RE: Proposed New Construction, 238 5E 7~' Avenue, Marina Historic District, Delray Beach, Palm Beach County Dear Ms. Alvarez: In accordance with your March 9, 2007 a-mail request, we have reviewed the Historic Preservation Board Staff Report (HPB Meeting Date: March 7, 2007, COA: 2007-098) for the proposed construction of a two-story accessory structure in front of the existing historic structure at 238 SE 7"' Avenue. It is our understanding that the two-story addition at the northeast corner of the historic structure was constructed in the late 1990s for which a historic preservation tax exemption was granted in 2000. While we question the compliance of the 1990s addition with the Secretary of the Interior's Standards for Rehabilitation (Standards), as the exemption for the addition is in place, we will not comment further on that issue. Based on the narrative in the Staff Report, it is our understanding that the proposed accessory structure (garage at first floor and guest suite above) will be located between the historic building and the street. Regardless of the design of the new structure, this alteration of the relationship between the historic residence and the street would be inconsistent with the Standards and would have an adverse effect an the historic integrity of the property. As suggested in the Staff Report, any such accessory structure should be constructed behind the historic structure. Based on the information provided in your a-mail, it appears that the proposed accessory structure will not be eligible for the historic preservation tax exemption, and, because of the adverse effect of new construction in the proposed location, would violate the provisions of the Historic Preservation Property 500 S. Sranough Street Taliahassee, FL 32399-4250 htta://www.flheritaQe.com O Director's Office D Archaeological Research ®Historic Preservation D Historical Museums (850) 245-6300 • FAX: 245~i435 (850) 245-6444 • FAX: 245-G452 (850) 245-6333 • FAX: 245-6437 (850) 245-6400 • FAX: 245-6433 Q Southeast Regional Office O Northeast Regional Office O Central Florida Regional Office (561) 415-2115 • FAX: 416-2149 (904) 825-5045 • FAX: 825-5044 (813) 272-3843 • FAX: 272-2340 'Mar 21 2007 10:09RM HP LRSERJET FRX p.3 Ms. Arny E. Alvarez March 21, 200'7 Page Two Tax Exemption Covenant executed as a condition of receipt of the existing exemption, thereby jeopardizing the current exemption. Such violations typically require repayment of the exempted tax with interest. Should you have any questions regarding these comments, please contact me at (S50) 245-5363. Sincerel ~, Dav' rro, R.A., Supervisor Architectural Preservation Services Section Bureau of Historic Preservation MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~ ~ v FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNE nn " PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING ~t~- THROUGH: CITY MANAGERr"/N 1 DATE: APRIL 17, 2007 SUBJECT: AGENDA ITEM # 1 ~ 1~ - KCVULArc MCCI InV v~ mr-i ~, wv. APPEAL OF THE HISTORIC PRESERVATION BOARD'S APPROVAL OF NEW CONSTRUCTION AT 706 SE 2" STREET LOCATED IN THE MARINA HISTORIC DISTRICT. ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board's (HPB) decision made on March 21, 2007. The HPB approved the Certificate of Appropriateness (COA) for the new construction of asingle-family residence located at 706 SE 2"d Street based on findings that the request was consistent with the Comprehensive Plan and met the criteria set forth in LDR Sections 4.5.1(E)(4), (E)(7), and (E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. BACKGROUND At the March 21, 2007 Historic Preservation Board (HPB) meeting, a Certificate of Appropriateness (COA) for the construction of a new, 11,709 total square foot (8,129 under a/c) two-story, single- family residence located at 706 SE 2"d Street was approved with conditions. Staff noted that the development was not consistent with the established structures within the 200 block of SE 7'h Avenue nor the historic structures within the district. Staff made a recommendation to continue the COA request with direction, as opposed to denial, as this was the Board's first review of the subject application. Given the scale and mass of the structure, staff was unable to make positive findings with respect to the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. A complete analysis of the proposal is found in the attached Historic Preservation Board Staff Report of March 21, 2007. REVIEW BY OTHERS The Board followed the established quasi-judicial procedures in considering the project. The applicant offered testimony in support of the development proposal. The Board took testimony from members of the public who spoke both for and against the project. Additionally, the property previously contained a contributing, 2,163 total square foot, one-story structure which was approved for demolition in 2005. As part of that demolition request, the Staff Report conditioned the future development with the following language, "that the design of the new dwelling will be required to meet strict historic preservation design guidelines to ensure compatibility with design and massing in relation to the surrounding area...Demolition of the dwelling will not have an City Commission Documentation, Meeting of May 1, 2007 Appeal of HPB Action - 706 SE 2"d Street adverse effect on the Marina Historic District as it cannot be seen from the public right-of-way. However, it can be seen from the lntracoasta! Waterway and, as such, any new structure will have to be compatible with the other waterfront properties in the district." APPEAL On April 4, 2007, Claudia Willis of 160 Marine Way and Cheryl Jones of 131 SE 7th Street submitted an appeal of the Historic Preservation Board's action of the subject property. The basis of the appeal is that the actions taken by the Historic Preservation Board are inconsistent with the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. The relief being sought is that the approval of the COA be reversed and the development request be denied. RECOMMENDATION Approve the appeal, thereby reversing the Historic Preservation Board's approval. Attachments: ^ Historic Preservation Board Memorandum Staff Report of March 21, 2007 ^ April 4, 2007 Appeal Letter from Claudia Willis and Cheryl Jones 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the approval of a Certificate of Appropriateness for the new construction of a single family residence located at 706 SE 2"d Street has come before the City Commission on May 1, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval of a Certificate of Appropriateness for the new construction of a single family residence located at 706 SE 2"d Street All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections 1, II and III. I. LDR REQUIREMENTS a. LDR Section 4.5.1(E)(4), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features Are these guidelines met? Yes No Have the overall objectives of the LDR's been met? Yes No II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: The Delray Beach Historic Preservation Design Guidelines suggest the following which apply with respect to the subject application: • The relationship of new construction adjacent to significant historic resources can either enhance or detract from the historic setting of the district. It does not appear that the structure, as proposed, would enhance the historic district within which it is located. • All new construction should complement the historic architecture of the district. While the style may be appropriate, the large mass, scale, and volume is not complementary. • The character of the massing should be compatible with the surrounding buildings. The mass of the proposed structure clearly outweighs that of the surrounding buildings, inclusive of the adjacent two-story structures located immediately to the north and south. Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines been met? Yes No III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: The Secretary of the Interior's Standards for Rehabilitation recommend: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation been met? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this day of May 1, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin City Clerk 2 UELRAI'BEACM AlbAmerkaCiry 1 ~ ~ ~ '.' 194J OED I HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT DEFRAY BEACH AII~AmericaGty ~~~~~'~ ivv; [0~J7 Property Owner: Dana Parham Authorized Agent: Mark Krall Applicant: Francisco Perez, Project Architect Property Address: 706 SE 2"d Street, Marina Historic District HPB Meeting Date: March 21, 2007 COA: 2007-070 ` ITEM' BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA 2007- 070) associated with the new construction of asingle-family dwelling located at 706 SE 2"d Street, Marina Historic District pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND The subject property consists of Lot E less the east 148.3 feet of the north 145.6 feet,. The Moorings, Delray Beach, and is zoned R-1-AA. The Moorings is a 1943 resubdivision of the Blank-Nichols Subdivision (circa 1925, within Block 127). The Moorings subdivision reconfigured twelve {12) fifty foot {50') wide lots into five (5) larger lots. Lot E was later redivided into two (2) lots, creating the subject "flag lot" which has access from SE 2"d Street. The subject property is bound by five different properties as well as the Intracoastal Waterway. Access to SE 7cn Avenue is not available to this lot. A 2,163 square foot contributing, one-story, Cottage style single-family dwelling previously existed on the lot. At its meeting of August 17, 2005, the Board approved a COA request to demolish the aforementioned structure. At the time of review and based on available records, there was some confusion as to when the structure was built; a 1986 survey suggested that it was originally constructed in 1936, while the Property Appraisers website suggested 1956, and the building record card suggested 1936, 1951 and 1971. The building was demolished in October 2005. Upon review of the demolition application by the Board in 2005, one of the criteria the Board took into consideration was whether there were definite plans for the immediate reuse of the property. The owner at that time stated that, while not submitted for review, immediate plans were being made for the reuse of the property, with the construction of a new dwelling. The Staff Report that the Board reviewed at that time stated the following: It should be noted...that the design of the new dwelling will be required to meet strict historic preservation design guidelines to ensure compatibility with design and massing in relation to the surrounding area...Demolition of the dwelling will not have an adverse effect on the Marina Historic District as it cannot be seen from the public right-of--way. However, if can be seen from the Intracoastal Waterway and, as such, any new structure will have to be compatible with the other waterfront properties in the district. There are no other Board actions on record. The current application requests consideration to approve the new construction of a single- family dwelling. It is important to point out that the applicant met with Staff prior to application submittal. The applicant inquired about the review criteria and its applicability to the subject property. As previously noted, the subject property is a "flag lot" and is not directly located on a street within the Marina Historic District. Staff's reply to that inquiry was that it was unknown how the elevations would be reviewed and noted that the proposal was rather large. Upon application submittal and further consideration, it was clear that the required review criteria was applicable, athough it might be applied in a different manner as special circumstances exist. There are no other "flag lots" within any of the city's five (5) historic districts. A follow-up meeting between Staff and the consultants occurred with much of the discussion focused on compatibility. Therefore, as a way of looking at volume in an objective manner, Staff relayed that the proposed Floor Area Ratio (FAR) and the average FAR of the immediately adjacent properties also abutting the Intracoastal Waterway significantly differed. Details of the analysis are provided below. While the consultants argued against the FAR analysis and its use, Staff suggested that additional or different data be submitted to prove the case for compatibility. That information was not submitted. ~ PROJECT DESCRIPTION The subject property contains approximately .5162 acres or 22,487 square feet, and is vacant. It is bordered by five other lots within the Marina Historic District, which face either SE 7th Avenue or SE 2"d Street. Two of those properties, along with the subject property, are also bordered by the Intracoastal Waterway: 200 Marine Way, located directly to the north, and 219 SE 7th Avenue, located directly to the south. The proposed, two-story, single-family dwelling contains the following: • 8,129 square feet under-air, and 11,709 total square feet; • a one-story, three-car garage and two-story, two-car garage with guest suite above; • a 29% lot coverage and 52% Floor Area Ratio (FAR); • complete landscape plan with associated landscaping information, and; • swimming pool and spa. The access for the subject property is taken from SE 2"d Street, where a metal gate is located between the properties at 200 Marine Way (identified as "remainder of Lot E on Site Plan) and 203 SE 7th Avenue. A brick paver drive leads to the principal portion of the property, which, as previously noted, is surrounded by a total of five different properties as well as the Intracoastal Waterway. The front of the property is considered the west, while the east, which is located on the aforementioned waterway, is the rear of the property. The proposed structure, whose height extends to thirty-four feet (34') at its highest peak, will contain approximately 6,645 total square feet on the first floor and approximately 5,062.5 tota- square feet on the second floor. A mix of one and two story components make up the structure. The west elevation, also considered the front of the structure, contains two separate garages, which face inward into a brick pavered motor court. While both garages contain multiple spaces, there are five individual doors for each of the five spaces. A combination of window types and styles may be found throughout: arched, casement, fixed, picture, sidelight and transom. All windows are proposed to be aluminum-clad wood. The picture windows, many of which are flanked by casement style sidelights, are primarily located on the east elevation (rear), to take advantage of the water views. Exterior finishes include smooth stucco walls, barrel the roof, wood soffit and fascia, and decorative tiles. The color scheme is a cream body with an olive finish for the windows. ANALYSIS (Note -All LDRs and recommendations referred to from the Delray Beach Historic Preservation Design Guidelines have been cited as they presently exist. All structures or properties referred to as contributing are classified as such on the circa 1988 Marina Historic District Map) COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The applicable development standards for the R-1-AA zone district that relate to the proposal are as follows: Building Height Maximum Setbacks Front*"` Side Interior (North) South Rear Open Space Minimum Allowed/Required Provided 35' 34'* 30' 30' 10' 10' 10' 14'9"' 10' 10' 25% 47% *Measured from ground level to highest peak. *"Front of property taken from west property line. Pursuant to LDR Section 2.4.6(H)(5), the Board must make a finding that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Future Land Use Element of the Comprehensive Plan and specifically with the provisions of LDR Section 4.5.1. Future Land Use Elemenf Objecfive A-4: The redevelopment of land and buildings shall provide for the preservation of historic resources. The objecfive shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Policy A-4.7: Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, fhe Historic Preservation Board must make a finding That the requested action is consistent wifh the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Historic Preservation Design Guidelines" LDR Section 4.5.1(E)(4), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: (E)(4) A historic site, or building, structure, site improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of Inferior's Standards for Rehabilitation, as amended from fime to time. See applicable Standards noted below. (E)(7) The construction of new buildings or structures within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building. Any material change in the exterior appearance of any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. The proposed structure, as noted above, requires general compatibility with the historic buildings adjoining or reasonably approximate to the proposed (non- contributing) structure. According to the original designation map of the Marina Historic District circa 1988, the subject property is abutted by two contributing structures (209 and 219 SE 7th Avenue) while five others are within close proximity (160 Marine Way, 200, 214, 222, 228 SE 7th Avenue). With respect to the more impacting requirements such as proportion and mass, the proposed structure is not found to be generally compatible. Further analysis is provided below. (E)(8) All improvements to buildings, strucfures, and appurtenances shall be visually compatible. Visual compatibilify shall be determined in terms of height, front facade proportion, proportion of openings (windows and doors), rhythm of solids to voids on front facades, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. The following components of the aforementioned review criteria require further consideration and revisions: (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. The height of the subject application is within the maximum allowed height of thirty-five feet (35'). However, when looking at the surrounding structures (both contributing and non- contributing) within the 200 block of SE 7th Avenue of the Marina Historic District, the proposed dwelling contains a larger and more massive appearance. The surrounding properties do contain second-stories. However, their scale and massing do not call attention to their additional heights. It should be noted that, while the proposed application incorporates one-story elements, it also contains approximately forty-three percent (43%) of the total square footage on the second floor. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or adjoining buildings within a historic disfrict. The front elevation in this case is the west elevation. While the west elevation contains a more massive appearance than those of the surrounding properties, it may not be highly visible from the public right of way, such as SE 7th Avenue and SE 2"d Street. Regardless, an attempt should be made to provide a more prominent front entry and possibly detach the accessory structures. Further, the east elevation, which is situated on the Intracoastal Waterway, is clearly not visually compatible with respect the proposed width and height in relation to the other adjacent or surrounding buildings. Staff has conducted field visits to the surrounding area in addition to reviewing property data, and upon review of the existing conditions in comparison with the proposed structure, visual compatibility cannot be found. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings, and structures within a historic district. While there are no sidewalks with a direct relation to the subject application, a general review of the entrance and porch projections is being made. The main entrance is significantly setback from the foremost wall plane, which is connected to the structure. This is not typical or appropriate to this style of architecture or for the historic structures. The main entry should be further emphasized, placing more prominence on its location. (j) Scale of a Building: The size of a building, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and building mass of historic sites, buildings, and structures within a historic district. When solely reviewing the proposed elevations and the attempt at visual compatibility with the surrounding properties, there is a clear difference between the two. The overall appearance of the subject application proposes a structure containing a vastly larger scale, mass, and volume. When compared to the historic structures, as the above noted review criteria states, there is an even clearer distinction. However, the table below takes the data of all other structures located within the same block of the subject property and compares the existing conditions with the proposed structure. When attempting to objectively relate structures with one another and take into consideration their lot size compared with the structures size, a Floor Area Ratio (FAR) may be established. The average FAR in the sample area noted below is 18.1 %. The FAR of the proposed structure is 52%, a 287% increase. Address Year Built Number of Stories Lot Size Square Footage FAR 200 Marine Wa 1929 2 20,855 3,319 16% 706 SE 2" Street* --- 2 22,487 11,709 52% 203 SE 7` Avenue 1954 1 10,032 2,031 20% 209 SE 7` Avenue 1950 1 9,497 1,212 12.8% 213 SE 7` Avenue 1951 1 8,409 1,571 18.7% 219 SE 7` Avenue 1935 2** 32,418.8 5,656 17.4% 229 SE 7` Avenue 1991 1 27,386 3,067 11.2% 237 SE 7` Avenue 1989 1 21,399 4,074 19% 711 SE 3~ Street 1989 1 12,632.4 3,820 30% "Subject property "'Principal Structure contains 2 stories, accessory structure contains 1 story. The Secretary of the Inferior Standards for Rehabilitation recommends fhat: New additions, exterior alterations, or related new construction shall not destroy historic maferials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features fo protect the historic integrity of the property and its environment. (Standard #9) The overall volume of the proposed structure is not in keeping with the above noted Standard. While clearly differentiated from the old, the historic integrity of the Marina Historic District is not protected. The visibility from SE 7"' Avenue and SE 2"d Street may be minimal; however, the property is highly visible from the Intracoastal Waterway and the land to the east. In addition, the abutting properties will be highly impacted, as the mass of the proposed structure will tower over them. One could speculate that a structure of this size has the possibility of creating a "domino affect" of larger development within the 200 block of SE 7"' Avenue, as has happened in the 300 block of SE 7"' Avenue, creating a difficult situation for the smaller scaled properties on the west side of the street, and compromising the integrity of the historic district, as a whole. The Delray Beach Historic Preservation Design Guidelines recommend the following with respect to new construction: The relationship of new consfruction adjacent to significant historic resources can either enhance or detracf from the hisforic setting of the district. It does not appear that the structure, as proposed, would enhance the historic district within which it is located. All new construction should compliment the historic architecture of the disfrict. While the style may be appropriate, the large mass, scale, and volume is not complimentary. The character of the massing should be compatible with the surrounding buildings. The mass of the proposed structure clearly outweighs that of the surrounding buildings, inclusive of the adjacent two-story structures located immediately to the north and south. ASSESSMENT & CONCLUSION'" The City has recently conducted a comprehensive review of the LDRs as they pertain to the review of new development within the city's five (5) historic districts. The comprehensive review was a direct result of large-scaled development proposals that were inappropriate, out of scale, and not visually compatible to their respective historic districts. The subject proposal contains those same elements that forced the city into asix-month moratorium, and as such, requires a great deal of revision. Visual compatibility is the main determinant in the review criteria required by the Board for the properties within the districts, and it has clearly not been achieved. In the Staff Report for the demolition, the Staff assured the Board, as well as the public, that "the design of fhe new dwelling will be required to meet stricf hisforic preservation design guidelines to ensure compafibilifV with design and massing in relation to the surrounding area" and "any new structure will have to be compatible with the other waterfronf properties in the district " With that, it was demonstrated in the FAR table that compatibility with the waterfront properties was not a factor in the subject proposal. While one may argue that the waterfront properties within the 300 block are compatible with the subject proposal, those properties are neither in close proximity nor are they examples of compatible development within the historic district. Existing out of scale development does not allow for certain design liberties to take place for new development, nor is it relevant to the visual compatibility requirements of the LDRs and guidelines. It must be noted that while the LDRs do not require that applications maintain an FAR consistent or compatible with that of the surrounding areas, it is suggested that this would be an appropriate starting point at providing a more compatible development within the Marina Historic District. A reduction in the second story is clearly necessary. Additionally, one-story elements with setback second story walls should be implemented to break up the mass on the east elevation; the views would remain, while the impact would be reduced. There is a wonderful rhythm that the properties within the Marina Historic District create along the Intracoastal Waterway, and the application, as proposed, would permanently interrupt that rhythm. The application should not be approved as submitted. While it does not meet any of the required review criteria for visual compatibility, it could, essentially, be denied. However, in addition to an overall revision, Staff recommends that the application is continued with direction. The main points noted throughout the report are not new to the applicant, authorized agent, or developer, as they met with Staff during a preliminary meeting regarding the overall development. However, Staff received notification that the application would move forward for review by the Board as originally submitted. Therefore, based upon the analysis above and. contained throughout the Staff Report, positive findings cannot be made with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. ALTERNATIVE ACTIONS.. A. Continue with direction. B. Approve the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based on positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Deny the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based upon a failure to make positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. RECOMMENDATION Continue the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based upon a failure to make positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8}(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation with the following direction: 1. That the property survey is revised to show the distance to the centerline and crown of road; 2. That the types of windows and their finish are noted within the window schedule; 3. That the overall scale and mass are reduced to provide a more visually compatible development; 4. That the east elevation is broken up to provide one-story masses while setting back the second story; 5. That the east elevation is broken up to provide a less massive appearance with one and two story elements; 6. That the entry is revised to be more prominent; 7. That consideration is given to separate the garage/guest cottage to provide an accessory structure; 8. That the windows contain multi-light configuration, rather than single panes of glass; 9. That the picture windows are divided and contain muntins; 10. That the parapets contain coping; 11. That windows appropriate to the style are used with more decorative elements; 12. That all wall-mounted lighting specifications are submitted; Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Location Map • Survey • Proposed Site Plan, Elevations, Floor Plans, and Landscape Plans • Photos of property and surrounding properties from across Intracoastal Waterway and SE ~h Avenue ~~ ~ a ii A T L A N T I C A V E N U E ~-o!~ a a w w a a ~ w w ~ ~ p Q Q a LLf S.E. iST ST. MIRAMAR DRIVE Q 3 J Q 4 U Q _Z ~ a E W W _ (n (n t S.E. 2ND ST. INGRAHAM NU w 4J W 41 ~ ~ ~ ~ S.E. ST. BAY ~ ~ Z Z ~ ~ O O CO = J ~' ~ ~ Q LANGER WAY ~ O O z ~ z a ~ w z w Q ~ S.E. 4TH ST. Q CASUARINA U o ~ Q o a w r 0 o F- BUCIDA RD. z z W W - p Q h~ W W Z ~ Q J ~ ~~ S.E. 6TH ST. MELALEUCA RD. = ~ I - O ~ ~ Q CARfSgA ~ N 706 SE 2ND STREET -~- CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT - 12-43-46-16-12-000-0051 - ®SUBJECT PROPERTY LOCATION MAP -- O!GITAL BASf MAP SYSTEM -- MAP REF: LM986 Sheet 2 of 2 (sketch otSurvey) -See Sheet t of 2 fa Legal De• •, Cedificalions, Property and other Survey related Bala. SURVEY tS NOT COMPLETE W. 80TH SHEETS. SE' iR Sid" SCALE: I'=40' 93°45'0O'(P) ~~~`', 0 \~~~ , 0.6' r` o Q J NI - _ ra 4~ \~~ SE 2nd STREET 28.C2' h I 86°15'OO'fP) \~~ i 0.3' I - ~> ct ~, ~;u. ~p~: - ~ U p W _~ 2 W W ~ Q 3 w z Q I ~ O ~ U ~ \~,~a ~ ~ "~ N~NDfR OF LOr F ~ ~ I CLUpED) ~a N ~D ~ _ N I ~ 1~ t 9~ / ' 0.3' ~% _ ! 48.30' (L) +)- ~`~ ~ l47.6T(CRtMJ I SET ~ _ ~ _ o ~ N r hd ~°' ~ ~-`~'- \~ ~~ ~9 ~.9, /] 6R/lS5 ~~ti~ i 0 SET IR 518' T --, d SET \~. ~ o IR 5!8' 13.00'(PtM) Adverse Conditions • Please note the following: • BM =1921' \~. 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The Historic Preservation Board's decision was inconsistent with the provisions set forth in the Land Development Regulations for the City of Delray Beach, the Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabilitation. We are deeply concerned about the Historic Preservation Board's repeated approvals of these large-scale construction projects that do not comply with local ordinances and historic district guidelines. New construction that is not consistent or compatible with the designated historic district not only jeopardizes the historic integrity and character of the district, but has a direct impact on the surrounding historic neighborhood in which we reside (160 Marine Vi/ay and 131 S.E. Seventh Street). We are asking that the approval of Gerfificate of Appropriateness 2007-070 be reversed and that the application be subsequently denied by the Delray Beach City Commission. The owner of the subject property should be allowed to resubmit a new application with an appropriate design that is consistent, compatible and in compliance with the Land Development Regulations, Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabi{itation. We are requesting that we be allowed to present our case to the City Commission at an upcoming meeting. Respectfully, ~ CPS ~~~ laudia Willis Cheryl Jones 160 Marine Way 131 S.E. Seventh Street Delray Beach, FL Delray Beach, FL MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNE PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONIN THROUGH: CITY MANAGER DATE: APRIL 25, 2007 G~ SUBJECT: AGENDA ITEM # 1 • ~ -REGULAR MEETING OF MAY 1.2007 CONDIT,~ONAL USE REQUEST TO ALLOW THE ESTABLISHMENT OF A RESIDENTIAL-TYPE INN ON BLOCKS 61 AND 70 AND THE EXPANSION OF THE SUNDY HOUSE RESIDENTIAL-TYPE INN, LOCATED ON THE EAST AND WEST SIDE OF SOUTH SWINTON AVENUE, SOUTH OF ATLANTIC AVENUE. ITEM BEFORE COMMISSION The action requested of the City Commission is to approve a conditional use request to allow the establishment of a residential-type inn on Blocks 61 and 70, and expand the established residential-type inn use within the Sundy Estates subdivision located on Block 62 and associated with the Sundy House located at 106 South Swinton Avenue. The proposal adds three (3) new units at the Sundy House, fifty-four (54) units on Block 61 (north of Sundy House), and sixteen (16) units on Block 70 (east of Sundy House) for a combined total of eighty-four (84) residential-type inn units. BACKGROUND The Sundy House property is listed on the National Register of Historic Places; Lots 4-20 within Block 61 contain seven (7) contributing structures, and Lots 15-20, within Block 70, contain four (4) contributing structures. The Class V Site Plan for the Sundy House and Residential Inn, which contains eleven units, was approved by the HPB on March 18, 1998. The current proposal will expand the residential-type inn use to the blocks located to the north and east by adding seventy- six (76) additional units. The new units will either be two-story and located within newly constructed buildings, or located in the upper stories of existing historic structures on the subject property. Residential-inns are a conditional use in the OSSHAD (Old School Square Historic Arts District) zoning district. The proposal previously placed three (3) residential-type inn units within the building located at the corner of Swinton and Atlantic Avenues. However, the zoning overlay for that parcel does not allow the residential-type inn use. Therefore, the proposal is revised to a total of eighty-four (84) units, rather than the eighty-seven (87) which were previously requested. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing on the proposed conditional use at its meeting of April 16, 2007. The Board recommended approval of the conditional use by a vote of 5 to 0, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the Goals and Objectives of the Comprehensive Plan. City Commission Documentation, Meeting of May 1, 2007 Residential-Type Inn Conditional Use Request -South Swinton Avenue and Sundy House Paae 2 of 2 RECOMMENDATION Approve the Conditional Use to establish the residential-type inn use expand the established use associated with the Sundy House, based pursuant to Chapter 3 and LDR Section 2.4.5(E)(5), the Goals Comprehensive Plan. on Blocks 61 & 70 and upon the findings of fact and Objectives of the Attachment: ^ P&Z Board Staff Report of April 16, 2007 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR SUNDY HOUSE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use modification request has come before the City Commission on May 1, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Sundy House. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use Element Obiective A-1/Future Land Use Map: Is the property developed/redeveloped so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs and is consistent with the Land Use Map? Yes No b Concurrence: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No, c. Consistency: Will the granting of the modification conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. REQUIRED FINDINGS RELATING TO RESIDENTIAL TYPE INNS: Pursuant to LDR Section 4.3.3(X), residential type inns shall be subject to the following provisions, limitations, and restrictions: 1) The use must be located with frontage on, or access from, at least one arterial or collector street as delineated on the City's Transportation Element; 2) The use must be located in proximity to office, industrial, or commercial uses; 3) The minimum floor area per suite shall be 450 square feet; 4) Accessory uses may include: recreational facilities, i.e. swimming pool, whirlpool, Jacuzzi, steam room, tennis courts, meeting rooms, complementary room service, and other nonresidential uses as permitted within the respective zoning district; Is this standard met? Yes No 2 3. The comments and notes set forth in the staff report are hereby incorporated herein 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the development application request was submitted and finds that its determinations as herein set forth are consistent with the Comprehensive Plan. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request and hereby adopts this Order this day of May, 2007, by a vote of in favor and opposed. Rita Ellis, Vice Mayor ATTEST: Chevelle Nubin City Clerk 3 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING April 16, 2007 DATE: AGENDA ITEM: Iv.A ITEM: Conditional use request to allow the establishment of a residential-type inn on Block 61 and 70 and the expansion of the Sundy House residential-type inn. (Quasi-Judicial Hearing). GENERAL DATA: Owner ........................ Dharma Properties & Affiliated Entities Applicant ................... Seaside City Development Group, LLC Agent ..................... John Szerdi, Architect, Living Designs Group, LLC Location ..................... Block 61, Lots 4-20, Lots 1-3, Sundy Estates, and Lots 15-20, Block 70. Property Size .............. 5.71 acres Future Land Use Map. Other Mixed Use Current Zoning........... OSSHAD (Old School Square Historic Arts District) Adjacent..........North: OSSHAD & OSSHAD w/CBD Zoning (Central Business District) Overlay East: OSSHAD &CBD South: CF (Community Facilities) & OSSHAD West: RO (Residential Office), RM (Medium Density Residential), & CF Existing Land Use....... Block 61-Single Family Residential, surface parking lot, & commercial. Sundy Estates-Restaurant with Residential-Type Inn and Botanical Gardens. Block 71-Surface parking lot, & Single-Family Residential. Proposed Land Use.... Residential-type Inn (subject to approval of conditional use), and commercial. Water Service ............. Existing on-site. Sewer Service ............. Existing on-site. 3 i a rr HALL N.w. 1si Si. N.. COMMUNITY CENTER ~ ai OLD 3~m SCHOOL z J SQUARE W A T L A N T I C A V E N U E a a S. W. 1ST ST. S.E. 1ST SUNDY RTES Z 0 ~ Z N ~^ 2ND 5T. S.E. 2ND 3 UI 3RD ST. S.E. 3RD IV.A. ITEM BEFORE THE BOARD The item before the Board is the making of a recommendation to the City Commission on a request for conditional use approval to establish/expand the residential-type inn (associated with the Sundy House) on Lots 4-20, Block 61, Lots 15-20, Block 70, and Lots 1-3, Sundy Estates in the Old School Square Historic District pursuant to LDR Sections 2.4.5(E) and 4.4.13(D)(11). The subject proposal includes the following properties: • Lots 4-20, Block 61 are bounded by West Atlantic Avenue to the north, South Swinton Avenue to the east, SW 15` Street to the south, and SW 1 S` Avenue to the west; • Sundy Estates subdivision within Block 62, which is bound by SW 1 S` Street to the north, SW 1st Avenue to the west, St. Paul's Episcopal Church to the south, and South Swinton Avenue to the east; • Lots 15-20, Block 70, which are bound by SE 1 S` Street to the north, SE 1 S` Avenue to the east, an east/west alley to the south, and South Swinton Avenue to the west. The properties associated with the subject development proposal are zoned Old School Square Historic Arts District (OSSHAD). ~. ~`''~~ 'BA'CKGROIJND/`P'ROJECT D'ESCRIPT`IO'`N'' The proposal is to establish aresidential-type inn use in Blocks 61 and 70 and expand the residential-type inn use at the Sundy Inn in Block 62. In 1998, the original conditional use request was approved by the City Commission for Sundy House (Lots 1-3, Sundy Estates Subdivision) and included eleven (11) units. The Class V Site Plan for the Sundy House and Inn was approved by the HPB on March 18, 1998. The Sundy House property is listed on the National Register of Historic Places, Lots 4-20 within Block 61, contains seven (7) contributing structures, and Lots 15-20, within Block 70, contains four (4} contributing structures. In addition to the aforementioned residential-type inn use proposal, the subject development proposal also includes the following: Block 61 -Sundv Lane • Relocate contributing structure across existing alley from SW 1S` Avenue to South Swinton Avenue; • Remove surface parking lot located at northeast corner of SW 1 s` Avenue and SW 1 S` Street; • Construct ten (10), two-story structures containing a total of fifty-three (53) residential-type inn units; • Convert three (3) existing second-story apartments into three (3) residential-type inn units in structure located at southwest corner of West Atlantic Avenue and South Swinton Avenue; • Place one (1) residential-type inn unit in second-story of "Cathcart House", located on South Swinton Avenue, between West Atlantic Avenue and SW 1 s` Street; • Construct a subterranean parking garage below the western half of Block 61. Block 70 -Sundv Harvest • Relocate three (3) existing structures to Block 61, facing South Swinton Avenue; • Remove surface parking lot located at southeast corner of South Swinton Avenue and SE 1 S` Street; Planning and Zoning Staff R~,,ort, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Page 2 of 8 • Construct four (4), two-story structures containing a total of sixteen (16) residential-type inn units. Sunda Estates -Sundy House • Add three (3) residential-type inn units in second-story of new two story structure with a Spa proposed on the first floor. Eleven (11) units currently exist on the site. A copy of the complete conceptual Master Development Plan proposal is attached for reference. If the conditional use request is approved by the City Commission, a "Master Development Plan" must be approved by the HPB. Subsequent Site Plan applications for the project's three different phases must then be submitted and approved by the HPB. ..., A N AL YS IS RE UIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). Residential-type inns are allowed as a conditional use in the OSSHAD Zoning district, This will represent an expansion of the conditional use approval of March 3, 1998, which established the residential type inn and outdoor dining areas associated with the Sundy restaurant. The subject property has a Mixed Use Future Land Use Map designation and an OSSHAD (Old School Square Historic Arts District) zoning designation. The OSSHAD zoning district is consistent with the Mixed Use FLUM designation. Therefore, positive findings can be made with respect to the Future Land Use Map Consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements in order to maintain the Levels of Service Standards established in Table CI-GOP-1 of the adopted Comprehensive Plan of the City of Delray Beach. The development proposal is to expand the established residential-type inn use. The use will not have a negative impact with respect to Concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. The following is a discussion with respect to the applicable Concurrency items. Planning and Zoning Staff RcNort, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Page 3 of 8 Drainage: Preliminary drainage plans have been submitted which depict the accommodation of drainage through exfiltration trench systems. However, no accommodation of drainage from roof surfaces or within the proposed subterranean garage has been noted. Given the unique nature of this design, concerns remain regarding the appropriate accommodation of drainage. Water and Sewer: Water service is provided from an existing 8" water main located along SW 1St Avenue and SW/SE 1St Street. Several fire hydrants are located within the immediate vicinity of the subject properties. Sewage service will accommodate via a connection to an existing 8" sewage main within the existing alleys of Blocks 61 and 62 and along the east/west alley of Block 70. Submittal of final engineering plans will be required upon review of the individual site plan applications for each phase. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The subject property is located within the TCEA, which, pursuant to the City's Comprehensive Plan, exempts development proposals from submitting a traffic study. However, a traffic statement was submitted which indicates that the proposed development will result in an increase of 37 am peak trips and 40 pm peak trips. Parks and Ogen Saace: Pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an in-lieu fee of $500.00 per residential-type inn unit must be collected prior to issuance of building permits for each unit. This will result in a total fee of $38,000 (76 new units x $500.00). Solid Waste: Trash generated each year by the development proposal will be calculated upon submittal of the site plan. However, the Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Conditional Use Reauired Findings Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter Three, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. Planning and Zoning Staff Fc~,~ort, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Page 4 of 8 The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning Use Block 61 North OSSHAD w/CBD Overlay Commercial South OSSHAD Residential-Type Inn, Restaurant East OSSHAD Commercial, Single Family Dwellings (Vacant) West CF Public Parking Lot Block 62 North OSSHAD Proposed Residential-Type Inn & Commercial South CF Church East OSSHAD Proposed Residential Type-Inn, Existing Residential and Commercial West RO Mixed-Use (Under Construction) RM Mixed-Use (Under Construction) Block 70 North OSSHAD Commercial, Single Family Dwellings (Vacant) South OSSHAD Residential, Commercial East CBD Multi-Family (Under Construction) West OSSHAD Residential-Type Inn, Restaurant OSSHAD -Old School Square Historic Arts District CBD -Central Business District CF -Community Facility RO -Residential Office RM -Multi-Family Residential -Medium Density With respect to the compatibility of the residential-type inn use with its immediate surroundings, and the LDR noted above, the expansion of the residential-inn type use from the Sundy House property onto two immediately adjacent blocks is compatible and meets the aforementioned LDR. The use, as well as the existing and proposed commercial uses (to be reviewed at a later date), will bring additional activity to a significant area of South Swinton Avenue which has not yet benefited from redevelopment. Overall, the project has the potential to revitalize South Swinton Avenue which could encourage the adaptive reuse of the historic structures located on the adjacent properties. At present, many of these structures are vacant and falling into disrepair. In addition, the adjacent properties outside of the OSSHAD zoning district, as depicted in the table above, are undergoing a significant amount of redevelopment, further enhancing the area. COMPREHENSIVE PLAN POLICIES A review of the goals, objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy are noted. Future Land Use Objective A-4: The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continues adherence for the preservation of historic recourses. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Planning and Zoning Staff r~,,,~ort, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Pape 5 of 8 Future Land Use Objective A-4.2: in order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant building, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. Future Land Use Element Policv C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10~h Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5, referred to as "Infill Area". Infill Area consists of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The proposal to expand and establish the residential-type inn use from within the Sundy House property onto the immediately adjacent properties along with the establishment of commercial uses will provide additional economic opportunities in an area which has not benefited from recent redevelopment. The envisioned development will likely improve the long term stability of the area. The introduction of both day and nighttime activities and additional "traffic" (foot and vehicular) should be a deterrent to criminal activity that has been identified as a problem within the Southwest Area Neighborhood. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, that the proposed development will fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policv A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed Planning and Zoning Staff Fc..,,ort, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Page 6 of 8 development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. While the existing zoning of the subject properties (OSSHAD) encourages a mix of uses (commercial, office, residential), the proposal is to expand a previously approved residential- type inn on property located adjacent to an existing church and along a City collector. The majority of the traffic associated with the development will either continue to enter and exit the site from Swinton Avenue or enter through the proposed entrance from SW 1S` Street where a subterranean garage will also be located. Overall, the development proposal will result in significant upgrades to the site(s) which will assist in the stabilization and enhancement of the immediate surroundings, which, for the most part, are undergoing their own redevelopment. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The following LDRs apply to the application with respect to use and zoning district: Pursuant to LDR Section 4.3.3(X), residential type inns shall be subject to the following provisions, limitations, and restrictions: 1) The use must be located with frontage on, or access from, at least one arterial or collector street as delineated on the City's Transportation Element; 2) The use must be located in proximity to office, industrial, or commercial uses; 3) The minimum floor area per suite shall be 450 square feet; 4) Accessory uses may include: recreational facilities i.e. swimming pool, whirlpool, Jacuzzi, steam room, tennis courts; meeting rooms; complimentary room service; and other nonresidential uses as permitted within the respective zoning district. Pursuant to OSSHAD zoning district regulations: LDR Section 4.4.24(G)(c), residential type inns shall provide one (1) parking space for each guest room/unit, and any other nonresidential floor area requires one (1) space per every 300 sq. ft. LDR Section 4.4.24(F)(5), the floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks or planes of the facade are offset and varied to provide visual relief. LDR Section 4.4.24(F)(6), and notwithstanding the provisions of Section 4.4.24(F)(4)(a), or elsewhere in this code, residential-type inn developments, shall be permitted to connect adjacent on-site buildings using all-weather, covered walkways, that are constructed of not less than 70% vertical transparent glass or similar material. Said walkways shall be on the ground floor only, shall be located not closer than 15 feet from the front building face, and may be joined to elevators, lobbies, or accessory use facilities permitted herein. LDR Section 4.4.24(H)(3), residential type inns shall create a transitional or buffer area between residential uses and nonresidential uses (such as office, commercial, etc.) which are either on or near the subject property. LDR Section 4.4.24(H)(4), a residential inn shall be associated with an historic structure and must be residential in design, scale and character. Planning and Zoning Staff Fc~~,ort, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Page 7 of 8 LDR Section 4.4.24(D)(4), residential-type inns shall not exceed more than eighteen (18) individually leased suites or rooms per acre. In addition to the conditional use request, the subject development proposal also contains a conceptual "Master Development Plan" component which will be reviewed by the HPB once the conditional use receives approval by the City Commission. Much of the detail to verify compliance with the LDRs will be considered during review of the site plan applications. The conceptual plans have been reviewed and the applicant appears to meet the intent of the LDRs. However, one issue that will require modification of the proposal relates to the proposed abandonment of the existing alley and replacement with a twelve foot (12') paved emergency access way. Pursuant to Future Land Use Policy C-3.3 of the Comprehensive Plan, Alleys located within the Old School Square Historic District on either side of Swinton Avenue shall remain and be made available for access to abutting properties. Accordingly, these alleys shall not be abandoned to private interests. In prior discussions with the applicant, Staff has indicated that they would support abandoning the current alley subject to a rededication of a similar width of sixteen feet (16') only if it remains open to the public, is accessible for both emergency vehicle access and loading functions for all commercial buildings along South Swinton Avenue. :~:,. REVI:EW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject application request at its meeting of March 22, 2007 and recommended approval. The Historic Preservation Board (HPB) considered the subject application request at its meeting of April 4, 2007 and recommended approval. The Downtown Development Authority (DDA) considered the subject application request at its meeting of April 9, 2007 and recommended approval. The West Atlantic Redevelopment Coalition (WARC) considered the subject application request at its meeting of April 11, 2007 and recommended approval. Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. . . ,:. a~~t~.L. a :'°AtSS:ESS.M'ENT AND CONCL'IJS~O.,N~ ,, i4 :, The proposed conditional use currently exists on one of the subject properties. The expansion of the residential-type inn within the Sundy Inn property as well as to the adjacent blocks is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The proposed use will not only help fulfill the need for accommodations in the downtown area, but will also bring additional economic development to an area of South Swinton Avenue which has had only limited benefit to date from redevelopment or adaptive reuse. Positive findings can be made with respect to Section 2.4.5(E)(5)(Required Findings). ~e~~: ~ ALTERN°ATI'VE A.CTIO`NS A. Continue with direction. Planning and Zoning Staff R~~,ort, April 16, 2007 Conditional Use Historic South Swinton Avenue and Sundy House Paae 8 of 8 B. Recommend approval to the City Commission of the request for a Conditional Use request to expand the residential-type inn use for Historic South Swinton Avenue and Sundy House by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations. C. Recommend denial to the City Commission of the request for a Conditional Use request to expand the residential-type inn use for Historic South Swinton Avenue and Sundy House by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations. ~m~~'' RECOMMENDED ACTION Recommend approval to the City Commission of the request for a Conditional Use request to expand the residential-type inn use for Historic South Swinton Avenue and Sundy House by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E)(5), and Chapter 3 of the Land Development Regulations. Staff Report Prepared By: Amy E. Alvarez, Historic Preservation Planner Attachments: • Location Map • Proposed Site Plans SITE AND BUILDING CALCULATIONS ECT DATA TYPE DF PRa[CR ~ NRItl/11 ..1RRmm1/cARRRAIeMI D HARVEST PHASE za9lD psralLT osstlAD $1N Y cav3TRUCTILN /mc: TYP[ w r rv LAND usE DEIIONAT1aN 0s3NAD NOTEL/RESIDNIIOLL NN uNrn FRaNr 9ETUae 23 FE eueDNa v 4 wT3 NIOtlOR aDE siBACx: 7.6 rt. 3URDN0 w 4 wt FIDONT: ]0 R. OURDNO Y 2 w/S R[M 9EIBACK 10 FT. 6YRDW0 2 4 MATS f1E1ET SOE SETBACIh ID FT RoDRS I,tu N u1Fm NOlil/lODG140 ROON w 1 SPACE / UIST N ~A(13 3EOtAR[D PROJECT SUMMARY TO TALS al10TK STAN)MD -ARKNO 11E0Uq[0 16 IDACES REOIIRED aJN>ri1[41>E PHASE SM AFIFA 7].066 SF. I.aa ACRE J suNDY NARME6f PHASE S7[ AREA, a7,Sto sF. ae3 ACRE SUNDY LANE PHASE suwr tANC PHASE aTE AREA: 137,o7a :r. sn ACRE 247,630 SF. 471 ACRE RFCT n D R r f ^ ~ n xl p ~ ~ g ~ F ~ p p~ SECOND FLOOR: ~' (N1E7FIOR SPACE) f)10UND ROdI AREh N,047 SF. 2627E OF ST1E 70TK AREA 1.643 SP. TQTK ROOK AREh 117,061 Sf. 446>< OF alE ~~[ SPACE 1 SPACE 300 SF.' PARNNO/PAVfD ARlX MOe,06T SF. 4231 OF' aTE ~ 1.313 SF./ 300 SF.. 0. 3 6 SPACES REQUIRED• OPDI (LSA09mPM) SPACC e2,N] Sf. 55.47[ OF 97E wATOE 900ER 4045 Sf. 247E OF 9TE RCCTWY PAPY NNU:I+!~11 FlRST FIDOW ],420.7 Sf. (NTERIDR SPACE) NUMBE/l OF RESDFNIIK INN LINTS 92E COMMERCIAL SPACES 1 SPACE 30D SF.• [RICIENCT 14 .,400 SF 1.327 SF. /300 SF.. 12.73 ACES REQURED• 1 BmROON e3 -730-1000 SF 2 BED1100M 10 7260-1400 SF SECOND FLOOR: 3 RES LINTS PRONGED TOTK UMTS 07 RE9DENAK N GOYY. 3U111 . 1 SPACE !LINT NCWDEO N BVNOT IANE HOTEL LINT P NC COUNT GUEST PARKND .NOT REOU9TED SU37DTK STAM)AIID PARKNO REODUED 70 SPACES REQURED SUNDY HOUSE PHASE SUNDY LANE PHASE ~~~~'1N uNta 3uRD9F0 a 11 u1Rn euEUlo x 10 wr eulnwa Foon•Iwr. NMDND I n 1NIn SUMOY NOIISF TOTK 0UKf11N0 A 4606 SF. 3U9DW0 J IO UN77 POURNO 0 2334 Si. ~ 3UODW0 K 10 UNT3 BUYDINO 0 1,146 u. BURDWO L 3 w1S ~~ C I .~ ~. BURDWO R 1 LINT ~ E BUApNO F ],000 S!. 67 wn TorK 9YRaNe FoolPRUrt1 le,a0 u. 243% PARxwa/DIIrvE AREA IiTez SF. n.sa HoTa/to6DNO RopJ • I SPACE / u16T 67 sPAeFS REa7nf0 WALXS 40m SF. 11.07E POOL/PAID AREA 4.160 SF, 367[ SUBTDIK SIAM)Alm PANUNC IIEpARCO 67 SPACES REOIARED LANDSCAPE/NON PFAYIOUS AREA 15.634 SF. 4031E 75066 3.1. 100x SUNDY LANE PHASE WMMFACIAL/IIE7AL SPADE i1RST iL00R SECOND FLOOR BUlDWO Y 756 9F 3110DN0 0 IJl2 SF SUNDY NOOSE BUADNO A NIEDNO P 1]07 Sr OINNC A 104 Sf. BU4DN0 0 1196 Sf ONNq 6 606 Sr. I 3URDN0 9 17DD S OwIN6 C 703 Sf. ~ BUE.DNC T 1130 Si pTO1D1 1,702 Si. I BURDNO U 1001 g MAN BM MCA 1.312 0.f. 003 SF. a7Rr m2 sF. 31N g TorK IAUIORr 4m sF. ~ 9606 Si. 666 SF. COMMERCIK SPACE: 1 SPACE /300 SF.• e.1B1 sF. / 30o sF.. 27.s SPACES REanREO• IOTK 6U6DIN0 A 62N S.f. OU100pi DNWO !6D•67W ISS!]I6a•lOOa100 a300 1,201 SF. I 27 ]PACES REQURED SIATOTK STAIOAIm PARKING RCOUSIEO MA7CN U40RE1JA 120 Sr. TOTAL OIMNO MEA 4N6 Sf. FA13T ROOR SECON) BOOR OIAldNO A 9606 SF. 666 4f. TDiK STANDARD PAFO791C REaINED 216 SPAC[S REOUIRFD• BURDINC 0 2664 5'F. 2664 SF. elAIOIND c 1,1u 4F. 6URDINO 0 7,]66 0.f. 1,366 8F. AT 1 SPACE/4005F, 33 SPACES YIOIAD BE REQURED N51EAD OF 48 BURANC E 1,000 SF. 4,000 S.F. FOR TIE COMNFAtlK YALE PEA 4.4.24 I4D) (5) BUKDINC i ].000 SF. 5300 SF. 1&670 SF. 11.104 Sf. •TOTK STANDARD PARKUIG PEOURm 106 SPACES REWOIEO• i 1/400Sf MERE ALLDOED fOR 0011YERDK TOTAL ROOK MEA 19.774 SF. WINDY NOUa R_FSTAL:.A:. ARrA fiefs sF. RECTORY APARRAFMTS f3lALNO l l 4627 Sf. /400 SF• - 10.0] SPACES REW9EED• RESTAURANT w 0 PACES / 1000 SF. s213 ss...aw - St.69 SPACES elNnr IINF PRDPER a euEDNC e • a SPACES / ID00 sF. 5,000 SP.A006 . 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Hi ~ W Q Zw ~; w ~ ~ O z U cn N _ _ cn, w -- ~ I ~ ~ - i _ gL Z l~ -2~ S-1-- L S_ _- -- -- ,~'9 3NIl A1N3dOUd NJtlB 3 __ W; - / ~ - ~,. - - --_ Z' __ ~ _ ~ _ Z: x _ ~i .- i y~ y ~ N _ i } W .n Yj ~ r a 1 me -- -- --__ -..-__-_._--._~._ -_._. _...-_. Y _._...~ -® __ _ - -__ _-_ ---- _ _ - _ ~ _. ~a ~s _®®v ..®® ~ 5 a ~' - ~ ~ ~; A3lN 3N1'1 A1H3dOad - O, ~: ~ ~ Js~~ .~ ~~,a +~ =~aW .a-sz ~_ 4 Y m Y t t 3 [ C ~ ~~ ~ Y }1~~r3i} s t ~ ~ f~J7 ~ ~ 3a ~~~~~ ~ =$880,', ~ ~OLL qq~~~ vo MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS / FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST J~_ \"_ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING~D~,`Q THROUGH: CITY MANAGER DATE: APRIL 24, 2007 SUBJECT: AGENDA ITEM # "{ • ~J- REGULAR MEETING OF MAY 1, 200.7 IN-LIEU REQUEST FOR 177 PINEAPPLE GROVE WAY ITEM BEFORE COMMISSION The item before the City Commission is approval of a request from the owner of 177 Pineapple Grove Way for the purchase of three (3) in-lieu parking spaces to enable the owner to market the property for restaurant use. BACKGROUND The subject property, located at 177 Pineapple Grove Way, is currently a retail establishment known as the Haven. The building is a two-level structure with a total of 1,600 square feet. An in- lieu of parking request has been submitted to accommodate a conversion of use from retail to restaurant. Land Development Regulations (LDR) Section 4.6.9(6)(1) requires the provision of off- street parking spaces for any change in occupancy or use of an existing building that results in additional parking spaces being required. The parking requirement for the existing retail use is 4.5 spaces per 1,000 square feet of total floor area. The parking requirement for restaurants is 6 spaces per 1,000 square feet of total floor area thereby requiring three (3) parking spaces to accommodate this type of conversion of use (see below, 2.4 rounds up to 3) Use Square Footage Parking Ratio Total Required Restaurant 1,600 6.0/1,000 9.6 Retail 1,600 4.5/1,000 7.2 Difference 2.4 LDR Section 4.6.9(E)(3) states, "if it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking..." Due to site constraints, it is impossible to provide the required parking on- site. Consequently, the applicant is requesting to purchase three (3) in-lieu parking spaces, at a cost of $7,800 per space, totaling $23,400. If approved, the applicant is proposing to pay this fee via an in-lieu of parking fee agreement, in accordance with LDR Section 4.6.9(E)(3)(d). It is likely that a restaurant occupying the space would seek a sidewalk cafe permit, thus fostering pedestrian traffic, and therefore the request would be consistent with the Pineapple Grove Main Street plan and Downtown Cluster Study. Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages rehabilitation and revitalization within the Central Business District through a number of incentives, one of which is City Commission Meeting May 1, 2007 In-Lieu Request From 177 Pineapple Grove Way the accommodation of parking needs through innovative actions. The in-lieu of parking fee program provides such an incentive and therefore is consistent with the Comprehensive Plan. Historically, in-lieu of parking requests were considered during the site plan modification process. Recently adopted Ordinance 80-06, allowing the independent processing of in-lieu of parking requests, does not specifically address expiration. Staff will be bringing forward a text amendment to address this issue. The amendment will recommend a two (2) year expiration, similar to other site plan modifications in addition to a caveat that any increases to in-lieu fees between the time of approval and actual issuance of the building permit and or execution of the agreement will be assessed at the current "in-lieu of prevailing rate. REVIEW BY OTHERS The Parking Management Advisory Board, at its meeting of March 27, 2007 raised the question of expiration and unanimously recommended approval of the applicant's request with the condition that the in-lieu spaces be used within one (1) year of approval. The Pineapple Grove Main Street Board, at its meeting of April 4, 2007 unanimously recommended approval of the applicant's request with the condition that the fees be paid at the prevailing rate at the time that they are required. Downtown Development Authority, at its meeting of April 9, 2007, unanimously recommended approval of the applicant's request with the condition that the fees be paid at the prevailing rate at the time that they are required. The Community Redevelopment Agency, at its meeting of April 12, 2007, in a 3-2 vote (Lewis & Covington dissenting), recommended approval of the applicant's request with the condition that the fees be paid at the prevailing rate at the time that they are required. RECOMMENDATION By motion, approve the request from the owner of 177 Pineapple Grove Way for the purchase of three (3) in-lieu parking spaces, at a cost of $23,400 to be paid via an In-Lieu of Parking Fee Agreement, by adopting findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.9(E)(3) of the Land Development Regulations. Attachments: ^ In Lieu Parking Request ^ Location Map 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR 177 PINEAPPLE GROVE WAY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request has come before the City Commission on May 1, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for 177 Pineapple Grove Way. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I, IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required for a change of use and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request #or three spaces meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 1 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 1 gt day of May, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 W w w W Q ~ ~ ~ Q Q Q W Z ~ ~ Z ~ N ~ N.E. 2ND ST. w ~ Q ~ ~ z ~ o w `~' ~ ° O ~ > ~ C~ W ~ ~ `- z J Q J Q ~ ~ Q w U z L,J ~ ~ N.E. 1ST ST. z 0 z w w cn ~`' z z z N 177 PINEAPPLE GROVE WAY ~! SUBJECT PROPERTY 12-43-46-16-01-083-0021 CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT LOCATION MAP -- DIGITAL B4S£ MAP SYSTEM -- MAP REF: LM1012 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ,~ ~~ ~ FROM: JASMIN ALLEN, PLANNER PAUL DORLING, AICP, DIRE TOR OF PLANNING AND ZONIN ~ ~Q ~ THROUGH: CITY MANAGER DATE: APRIL 23, 2007 SUBJECT: AGENDA ITEM # ~•~ -REGULAR MEETING OF MAY 1.2007 Conditional use extension request for Ebenezer Wesleyan Methodist Church, located on the East and West sides of SW 6th Avenue, North of SW 2"d Street ITEM BEFORE COMMISSION The action requested of the City Commission is that of granting an extension on a conditional use approval to allow the construction of a new church facility for Ebenezer Wesleyan Methodist Church, located on the east and west sides of SW 6th Avenue, north of SW 2"d Street. BACKGROUND Ebenezer Wesleyan Methodist Church is currently located at the southeast corner of SW 6m Avenue and SW 2"d Street. The church is seeking to relocate its facility to the northwest corner of SW 6th Avenue and SW 2"d Street and construct an off-site parking lot at the northeast corner of SW 6th Avenue and SW 2"d Street. The properties are currently vacant, however the parcel located on the east side of SW 6~h Avenue is being utilized as an overflow parking area for the existing church. Additional background information and full analysis of the proposal can be found in the attached Planning and Zoning Board staff report, dated April 18, 2005. On May 3, 2005, the City Commission approved the conditional use request to allow the construction of a 6,575 sq. ft. sanctuary with a seating capacity of 214 seats; construction of a 50- space parking lot adjacent to the new sanctuary building and a 22-space off-site parking lot on the east side of SW 6th Avenue; along with the installation of attendant landscaping. Site plan approval was subsequently granted by the Site Plan Review and Appearance Board on October 11, 2006. As construction has not begun, the conditional use approval will expire on May 3, 2007, unless an extension is granted. A written request to extend the conditional use approval has been filed within the forty-five (45) days required by the LDR Section 2.4.4(F). Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application, pursuant to the following: • A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; • The letter must set forth the basis and reason for the extension; • The extension shall be considered by the same body which granted the original approval; • The extension, if granted, shall be for eighteen months unless otherwise stated; City Commission Documentation: Meeting of May 1, 2007 Ebenezer Wesleyan Methodist Church Conditional Use Extension Request Pursuant to LDR Section 2.4.4.(F)(3), when the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shalt be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The applicant submitted the following statement, regarding the delay with the construction of the proposed project and in support of the extension request. "VVe have experienced several unfortunate delays due to one of the consultants disappearing and the difficulty of finding a replacement, some delay in obtaining site plan approval, and illness and family problems of some of the design team. At this Time the project is going out for bid, and we expect construction to begin in the near future" Since there have been no changes in the development regulations and the project complies with current regulations, it is reasonable to grant the extension of the conditional use approval. RECOMMENDATION Move approval of the request for an extension of the Conditional Use approval, allowing the construction of a new church facility for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Sections 2.4.4(F)(1)&(3) of the Land Development Regulations, subject to the previous conditions of approval, with said approval to be valid until November 3, 2008. Attachments: ^ Extension Request Letter from Karin Mannchen dated March 16, 2007 ^ Planning and Zoning Board Staff Report Dated April 18, 2005 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO EBENEZER WESLEYAN METHODIST CHURCH ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on May 1, 2007. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for Ebenezer Wesleyan Methodist Church. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(3). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No 5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; (c) The granting body must make findings pursuant to 2.4.4(8); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(f=)(3) been met? Yes No 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted. 8. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 9. Based on the entire record before it, the City Commission approves denies the conditional use extension request to allow the previous conditional use approval to be valid until November 3, 2008. The City Commission hereby adopts this Order this 1St day of May, 2007, by a vote of in favor and opposed. Rita Ellis, Mayor ATTEST: Chevelle Nubin City Clerk 2 KARIN hAANNCN EN 8 SOUTH J STREET LAKE WORTH, FLORIDA 33460 A~tCHITECT ~ pLANNE~t (561) 582-1945 3.16.2007 Mr. Paul Dornlig, Planning & Zoning Director City Of Delray Beach 100 NW 1st .Ave. Delray Beach, F1. 33444 Ref.: Ebenezer Wesleyan Methodist Church Dear Mr. Dornlig: On behalf of the church I wish to apply for an extension bf the "Conditional Use". We have experienced several unfortunate~delays due to one of the consultants disappearing and the difficulty of finding a replace- ment, some delay in obtaing site plan approval, and illness and family problems of some of the design team. At thisltime the project is going out for bid, and we expect construction to begin in the near future. Your favorite reply will be appreciated. Sincerely, ~~Y Karin Mannchen. encl. $ 525.-- P9AlR ~ 6 2007 ~~~~~1~~ ~c ~01~IiVG PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 18, 2005 _ AGENDA ITEM: Iv. A. ITEM: Conditional Use Request to Allow the Relocation and Establishment of a Church, Ebenezer Wesleyan Methodist Church (Quasi-Judicial Hearing). GENERAL DATA: OwnerlApplicant ......................... Ebenezer Wesleyan Methodist Church Applicant .................................... Karin Mannchen Location ...................................... Located on the east and west sides of SW 6~' Avenue, north of SW 2"d Street Property Size .............................. Future Land Use Map ................ Current Zoning ............................ Adjacent Zoning ................North: East: West: South: Existing Land Use ...................... Proposed Land Use .................... 1.19 Acres MD (Medium Density, 5 - 12 DulAcre) RM (Medium Density Residential} RM RM RM R-1-A (Single Family Residential) Vacant Construct a new 6,575 sq. ft. sanctuary with a seating capacity of 214 seats and a total of 73 parking spaces. Water Service ............................. Available via connection to an existing 6" water main along SW 2"d Street. Sewer Service ............................. Available via connection to an existing 8" sewer sanitary along SW 6"' Avenue. Ta:w: a < FlRE ~ STAT70N ~ r n o N AMOC ; ~ ; z i NO. 1 i ATLANTIC A V E N U E 1ST ST. S. W. ~ ~ sw aHO ST- s.. o 3~ ~ ~ S. W. 3(iD ST. ®®N S.W. ST. S.W. 6TH ST. IV. A. ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval associated with the relocation and establishment of Ebenezer Wesleyan Methodist Church, pursuant to Section 2.4.5(E). The subject property is located on the east and west sides of SW 6th Avenue, north of SW 2"d Street. ~.;,~ BACKGROUND Ebenezer Wesleyan Methodist Church is currently located at the southeast corner of SW 6th Avenue and SW 2"d Street. The church is seeking to relocate its facility to the northwest corner of SW 6th Avenue and SW 2"d Street and will include an off-site parking lot on the east side of SW 6th Avenue. The subject property is 1.19 acres which includes several parcels within Block 14 (west side of SW 6th Avenue) and one parcel within Block 22 (east side of SW 6th Avenue), Town of Delray Plat. The properties are currently vacant, however the parcel located on the east side of SW 6th Avenue is being utilized as an overflow parking area for the existing church (south of SW 2"d Street). The subject property is located within the Southwest Area Neighborhood Redevelopment Plan area. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003 and establishes a blueprint for the revitalization and stabilization of the area. The conditional request before the Board involves the construction of a new 214 seat sanctuary and the construction of seventy-three (73) parking spaces with attendant landscaping. r;t,r~.,,; ',pRO:JE`CT,,D'`E,SCRIpTIGN , The development proposal includes the following: - Construction of a new 6,575 sq. ft. sanctuary with a seating capacity of 214 seats; - Construction of a 51-space parking lot adjacent to the new sanctuary building and, a 22- space off-site parking lot on the east side of SW 6th Avenue; and - Installation of attendant landscaping. x: ~~ 4'~ COND ;TION.`~4L "~S,E MQ_'DIFICA~TION ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. Planning and Zoning Board ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 units per acre) and is zoned RM (Medium Density Residential), thus the zoning is consistent with the FLUM designation. Churches or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities are allowed as conditional uses. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care unless approved separately as a conditional use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Conceptual drainage plans have not been submitted. However, there are no anticipated concerns with providing on-site stormwater drainage, which can be accommodated with retention areas around the perimeter of the site and the building. At this time, there are no problems anticipated in complying with South Florida Water Management District or Lake Worth Drainage District requirements. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: Park dedication or park impact fee requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Pursuant to Solid Waste Authority Guidelines, trash generated each year by the proposed 6,575 square foot building at 1.6 lbs./sq. ft. per year will be approximately 5.26 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic statement has been submitted indicating that the proposed church facility will generate 64 vehicle trips during an average weekday. The use will generate approximately 82 trips on Sunday. A peak hour distribution of the Sunday trips has been submitted representing an additional 5 trips during the P.M. and A.M. peak hours. Water and Sewer: The applicant has not submitted preliminary water and sewer plans however, the following is noted: Water service is available via service lateral connections to an existing 6" water main along the north right-of-way of SW 2"d Street. Two (2) fire hydrants presently exist on the north side of SW 2"d Street: at the SW 6th Avenue intersection, at the SW 7th Avenue intersection. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the SW 6"' Avenue right-of-way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Planning and Zoning Board ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 3 Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The church has existed within the community for several years without any known negative impacts. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. The proposed facility will accommodate 214 seats which will require 72 parking spaces. (one space per three seats}. A total of 73 parking spaces are proposed (51 spaces to be located on the west side of SW 6th Avenue and 22 spaces in the off-site parking lot located on the east side of SW 6th Avenue). While the new facility will accommodate the parking needs generated by its use, concerns are raised with respect to the re-use of the existing church facility and the facilities combined impact on the neighborhood. The existing church facility has a seating capacity of 140 seats which under current regulations would require the provision of 47 parking spaces. Currently, 11 paved parking spaces exists which results in a deficiency of 36 spaces. The overflow parking needs are now accommodated on the vacant parcels owned by the church located to the north and west of the existing church facility. The parcel to the north is now proposed for additional development and will no longer be available for utilization. With the construction of a new facility, the potential for a serious parking shortage exists if the existing church facility is sold to a separate entity having similar meeting and service times. This would have negative impacts on the surrounding neighborhood resulting in illegal parking on adjacent roadways and into the neighborhood. Future Land Use Element Policy C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is ~enerally defined as the area bounded by West Atlantic Avenue on the north, SW 10 Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Planning and Zoning Board ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 4 Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. While the narrative for sub-area #5 does not address the establishment of new churches, the Redevelopment Plan does note increased faith community involvement as an essential ingredient to improve livability. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, as increased faith community involvement is identified as an essential element to improve the livability of the community and fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Future Land Use Element Policy C-4.2; The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between I-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property is located within the borders of the downtown as defined by the Downtown Delray Beach Master Plan and is more specifically located within the West Atlantic Neighborhood. The Master Plan does not specifically address the subject property with regard to a specific development proposal and the parcels are noted as vacant parcels which are identified for in-fill opportunities to increase the housing stock in the area. The subject parcels have been under the ownership of the church since July 2000 (east site) and March 2002 (west site) and should have been identified as a part of the church's campus/holdings and therefore available for expansion of the church's facility. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-4.2, that fulfills the goals and objectives of the Downtown Delray Beach Master Plan. Planning and Zoning Board ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 5 Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Ebenezer Wesleyan Methodist Church has existed at the southeast corner of SW 6~' Avenue and SW 2"d Street since 1952. The existing 2,193 sq. ft. sanctuary currently accommodates a seating capacity of 140 seats. The applicant has indicated that the church has outgrown its current facility and proposes to construct a larger facility at the northwest intersection of SW 6th Avenue and SW 2"d Street. The proposed church is located in an established residential neighborhood. The most significant potential for impact resulting from a church use normally relates to traffic impact on the adjacent neighborhood and the ability to accommodate parking on-site without spillage onto adjacent roadways and into the neighborhood. As stated above while the new facility will accommodate the parking needs generated by its use, concerns are noted with respect to the potential negative impacts on the neighborhood if the existing church facility was sold to another religious entity. The ideal situation would be that the existing facility serves as a fellowship hall for the existing congregation thereby not creating additional impact. Due to the nature of this proposed use and the fact that there is another church within 300 feet (410 SW 2"d Street) which may have similar hours for worship services and activities, the potential for some traffic congestion along SW 2"d Street may exist. This situation would be further exasperated if the existing church facility is utilized by another religious entity. To ensure that there will not be any detrimental impact on the neighborhood, approval of the new sanctuary should be conditioned that the existing church be retained as a support facility such as a fellowship hall for Ebenezer Wesleyan Methodist Church or if it is sold as an independent facility additional properties would have to be obtained to accommodate its parking needs. LDR SECTION 2.4.5(E) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Planning and Zoning Board ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 6 Zonin Desi nation: Use: North: RM Medium Densit Residential Sin le Famil Residence/Du lex South: R-1-A (Single Family Residential) Existing Church and Vacant arcel East: RM Medium Densit Residential Sin le Famil Residence/Du lex West: RM (Medium Density Residential) City Lift Station Facility /Duplex Residences The church has existed for some time and there have been no known conflicts with the surrounding neighborhood to indicate that the church had a significant detrimental effect upon the stability of the neighborhood or that it has hindered development in the area. While the proposed relocation of the church facility should not have a detrimental impact on the neighborhood, items of concerns are noted with respect to the availability of parking and potential traffic congestion if the existing facility is maintained as an independent church facility. Compatibility with the adjacent properties, specifically with the residences to the north and west of the main site and to the north and east for the off-site parking area can be enhanced through the installation of landscaping. Pursuant to LDR Section 4.6.16(H)(3)(e) the perimeter buffer requirement is increased to allow that 1 tree be planted every twenty-five (25) feet to form a solid tree line where any commercial or industrial areas abut a residential zoning district or properties in residential use. However, with the conditional use request, conditions can be imposed which exceed the standard code requirements. In addition to the solid tree line, a continuous hedge at least 4 '/2 feet in height at the time of installation should be provided and is noted as a condition of approval. Further if the potential negative impacts associated with traffic are mitigated as previously noted, approval should not negatively affect the neighborhood. Based upon the above, a finding can be made that the proposed use will not have a significant detrimental effect on the surrounding neighborhood or hinder development or redevelopment in the area. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the conditional use request, a sketch plan was submitted and has been reviewed by staff. If the conditional use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan, the following analysis is provided: Building Setbacks: Pursuant to LDR Section 4.3.4(K), within the RM zone district, the minimum building setback requirements are: 25' in the front, side (street) and rear; 15 in the side interior for a 1 and 2 story building. The development proposal meets the minimum building setback requirements. Parking Pursuant to LDR Section 4.6.9(C)(6)(c), churches shall provide one parking space for every three seats provided in the sanctuary. Additional parking is not required for other uses on Planning and Zoning Board ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 7 the church property such as Sunday School, Day Care, or Preschool, etc. when such uses are operated as a part of, under the auspices of, the Church. The site data indicates that the new sanctuary will have 214 seats. Based upon the above, 72 parking spaces are required and 73 spaces are provided. However, modifications may have to be made to the driveways which will result in the loss of two parking spaces. However, the parking requirement will be met if the seating capacity is reduced from 214 to 213 seats. Compact Parkin Pursuant to LDR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes twenty-one (21) compact parking spaces. This represents approximately 29% of the total spaces, thus meeting the requirement. Building Height The proposed structure will have a building height of 21 feet to the center of roof. The maximum height in the RM zoning district is 35 feet. Therefore this requirement is met. Open Space Pursuant to LDR Section 4.3.4(K), the minimum open space in the RM zone district is 25% The conceptual plan indicates that 35% open space will be provided. Other Items Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between aright-of-way and first parking space or aisleway in a parking lot shall be 50' for parking areas that contain 51 or more parking spaces; 20' for parking areas that contain 21 to 50 parking spaces; and, 5' for parking areas that contain 20 or fewer parking spaces. While the required stacking distance is met for the parking lot located on the east side of SW 6th Avenue, none of the entranceways for the lot located on the west side provide the required stacking distance. The applicant has submitted a waiver request to reduce the required stacking distances. As multiple entrances are provided the waiver is supportable. Waiver Analysis: Pursuant to LDR Section 2.4.7(8) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Planning and Zoning Board ~ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 8 The stacking distances at the entranceways to the church site are 5' (northernmost driveway on SW 6~' Avenue); 13' (south driveway on SW 6tn Avenue) and 23' for the driveway on SW 2"d Street. The provision of the required 50' stacking distance at all entrances would require the elimination of several parking spaces. Although there are multiple driveways, as it is anticipated heavy utilization of the northern entrance will occur on a regular basis, it would be appropriate to require additional stacking at this entrance. A minimum stacking distance of 20' should be provided. A waiver to less than 20 feet will adversely affect the neighboring area and has the potential to create backups onto the adjacent rights-of-way and affect the delivery of public services. The 20' stacking distance could be accommodated by eliminating one parking space on the south side of the driveway, eliminating one space on the north side and converting the handicap space to a regular space. With the reduction of two spaces, the total number of parking spaces are below 50 which would reduce the stacking requirement for each entry to 20 feet eliminating the need for waivers for the southwest driveway (23 feet provided) nor the modified northeast driveway (20' provided). However, the lost of two parking spaces will require a reduction in the seating capacity from 214 to 213 seats (71 spaces x 3 = 213 seats). Under this scenario, only one waiver for the southernmost aisleway to 13 feet would be required. It is appropriate to support the waiver given the number of driveways to the site. The reduction will not result in the creation of an unsafe situation with respect to public safety. Further, the waiver will not adversely affect the neighboring area, and will not affect the delivery of public services. The waiver will not result in a special privilege as similar waivers have been approved in similar circumstances. Consequently, positive findings with respect to LDR Section 2.4.7(B) (5) can be made. Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and (D), the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Ri ht-of-Wa Re uired Existin Pro osed Re uired Dedication SW 6 Avenue 60' 50' S0' 0' SW 2" Street 60' 50' S0' 0' Pursuant to LDR Section 5.3.1(D)(4), a reduction in the required right-of-way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG considered the reductions and recommended the reduction of rights-of-way for SW 6cn Avenue and SW 2"d Street to the existing 50' widths. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. Given the proposed development of the property, it is appropriate to require the under grounding of these utilities including those distribution lines and service lines at this time and is attached as a condition of approval. Planning and Zoning Board ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 9 .~a~~~._.., _ ,,,! ,-,.,. REVIEW BY OTHERS Community Redevelopment Agenc The Community Redevelopment Agency considered the conditional use request at its meeting on April 14, 2005 and recommended approval. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the conditional use petition and address the issues identified in this report. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and civic associations: ^ PROD (Progressive Residents of ^ Ebony of Delray HOA Delray) ^ Merritt Park HOA ^ Presidents Council Public Notice: ^ Allamanda Gardens Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ~ ~,:'; r .. A SSE,g`.S`M`E'N T, ANN D>C O:~N~C-L'U S IO N° The conditional use request is to construct a new 6,575 square foot sanctuary to accommodate a seating capacity of 214. Concerns with respect to the re-use of the existing sanctuary and the potential negative impacts on parking and traffic congestion would be avoided if the existing building is retained as support facilities by the church. The proposed conditional use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. A positive finding with respect to LDR 2.4.5(E)(5) (Conditional Use Findings) can be made provided that the concerns noted herein are addressed with the submittal of the site plan. nw :. , .. ,,~.:~;.., ~.. , -~.,. AL~''T~E;RNATI,VE``ACT~f~OfVS A. Continue with direction. B. Move a recommendation of approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Planning and Zoning Board ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 10 Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations. f ~, '~`~r~,*s;,, RECOMMENDED. A;CTI''O`N Recommend approval of the conditional use request for Ebenezer Wesleyan Methodist Church, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), and Chapter 3 of the Land Development Regulations, subject to conditions. 1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and technical items contained within this report and attached as Appendix A. 2. That the seating capacity is limited to 213 people. 3. That the existing church facility be retained as a support facility to the Ebenezer Wesleyan Methodist Church. 4. That the existing overhead distribution and proposed service utility lines are placed under ground. 5. That one (1) tree be planted every twenty-five (25) feet to form a solid tree line and a continuous hedge 4 '/2 feet in height at the time of installation be installed within the landscape perimeter buffer areas adjacent to the residential use areas i.e. north and west sides for the main sanctuary site and east and north sides for the off-site parking areas. 6. That driveway stacking modifications be made to the northeast driveway by eliminating one parking space on the south side of the driveway, eliminating one space on the north side and converting the handicap space to a regular space. 7. The recorded Unity of Title does not include a portion of the west site. A revised Unity of Title between the off-site parking area and the main site shall be recorded. By Separate Motion: Waiver: 1. Recommend that the City Commission approve a waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce the required stacking distance for the southernmost driveway from 20' to 13' based on positive findings with respect to LDR Section 2.4.7(8)(5), Waiver Findings. Attachment: ^ Appendix "A" ^ Sketch Plan ^ Building Elevations ^ Floor Plan Planning and Zoning Board ff Report Conditional Use Modification -Ebenezer Wesleyan Methodist Church Page 11 APPENDIX "A" 1. Sign location should be indicated. 2. A minimum separation of 5 feet is required between the building and the handicap parking spaces on the west side of the building. 3. Site lighting is required pursuant to LDR Section 4.6.8. and is to be noted on the site plan. 4. A hood suppression system will be required if there are any cooking appliances in the kitchen. TA/i5H ~ ~a ~Y~ I ism'-7 a tRY~ ~ 5 ~ 3' ~ 9Rx FElLOWSNIP NALL a>t-C. tY-o' PASTDR'S STUDY ~ S70RA6E iY-~ . iY~ MEN MiOA~Nv CMNR SiDRAGE CHOEi o^o-- GRiM~IGE ~. MEN "~ WOMEN vESneu~ FLOOR PLAN_ 118"_=_;1'_0"" ,_.___- -- i'~ ~ f-~~ ~ i z of _ ~ ~~ ~ ~ ~~~~ t= j QV i 1 (~~^ ~.. .. ~1_1_.___~ I `_ - > .W_I t ~. __• ~--___~.-r.._~ ~ I - W ~ ` ` \ r % o - z Z O, FI ~i J w w Z ~ O H~ W J W S F O zi O' W J W F- 3 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ,(~~t' FROM: SCOTT PAPE, AICP, SENIOR PLANNER ,,i ~'"" ~'~- ~ PAUL DORLING, AICP, (RECTOR PLANNING AND ZONING / THROUGH: CITY MANAGER DATE: APRIL 23, 2007 Q SUBJECT: AGENDA ITEM #' ~"t • ~ -REGULAR MEETING OF MAY 1, 2007 CONSIDERATION OF A WAIVER REQUEST TO THE MAXIMUM DRIVEWAY WIDTH ASSOCIATED WITH THE CLASS V SITE PLAN FOR FIRE STATION #4 LOCATED AT THE NORTHEAST CORNER OF LAKE IDA ROAD AND BARWICK ROAD. ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver request associated with the Fire Station #4 project to increase the maximum driveway width from 36 feet to 58 feet 5 inches along Lake Ida Road. BACKGROUND At its meeting of April 11, 2007, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan, landscape plan, and architectural elevations for the 10,811 square foot Fire Station #4. The development proposal includes a waiver to LDR (Land Development Regulation) Section 4.6.9(D)(3)(a), which allows a maximum width of 36 feet for driveways. The Site Plan Review and Appearance Board considered this waiver and recommended approval to the City Commission. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Driveway Width: Pursuant to LDR Section 4.6.9(D)(3)(a), the point of access to a street or alley shall be a maximum of 24 feet unless a greater width is specifically approved as part of a site and development plan approval. However, in no event shall such point of access be greater than 36 feet. The proposed driveway along Lake Ida Road is 58 feet 5 inches wide. City Commission Meeting -May 1, 2007 Class V Site Plan Fire Station #4 The applicant has submitted the following narrative in support of the waiver: "...this station will house large fire apparatus, including the ladder truck which requires a larger turning radius and clearances to get to the easternmost bay as well as the drive aisle which will be used for training exercises." Waiver Analysis: The Board found that the greater driveway width was appropriate for a fire station to allow adequate access into the subject property for the larger vehicles. Based on the need for adequate access to property for proper turning radius, the Board found that positive findings can be made with respect to LDR Section 2.4.7(8)(5), Waiver Findings. RECOMMENDATION Approve the waiver to LDR Section 4.6.9(D)(3)(a), which allows up to a maximum width of 36 feet for driveways, based on a positive finding with respect to LDR Section 2.4.7(B)(5). Attachments: ^ Staff Report dated April 11, 2007 ^ Waiver request letter from applicant dated March 28, 2007 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTED BY FIRE STATION #4 1. This waiver request came before the City Commission on May 1, 2007. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Fire Station #4. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Driveway Width: Per LDR Section 4.6.9(D)(3)(a), the maximum driveway width is thirty-six feet (36'). The proposed driveway along Lake Ida Rd. is fifty-eight feet five inches (58' and 5') wide. Should the waiver be granted for the driveway width? Yes No 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves denies the waiver requests and hereby adopts this Order this day of May, 2007, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk Rita Ellis, Mayor 2 ~ot~vrr_ Vii. ~s~,-ig, ~3~1~ ~is,~ ~T. c+-.,;~~, ~r;~ ~~~ ~, ~~~~~~~, March 28, 2007 Mr. Scott Pape, AICP Senior Planner Planning & Zoning Department 100 NW 15`. Avenue Delray Beach, Florida 33444 Re: Delray Fire Station 4 Response to TAC Comments Project No. 060703 Dear Scott: In reviewing your TAC comments noted below, please find our responses a5 follows: PUrSUant to LDR Section 4.6.9(D)(3)(a), the maximum driveway width is 36 feet and 58 feet 5 inches i5 proposed along Lake Ida Road. A waiver request should be submitted for the proposed driveway width in a letter form that identifies the justification for the waiver. The existing three bay station driveway is 44 feet wide as required for the maneuvering of the fire apparatus. The new station rec~uire5 wider bays plus the drive lane on the east side of the building. This item was discussed with Palm Beach County and it was agreed that if we did not commence the drive any closer to the intersection that additional width to the east would be acceptable to .them. As to justification for waiver, this station wilt house large fire apparatus, including the ladder truck which requires a larger turning radius and clearances to get to the easternmost bay as well as the drive aisle-which will be used for training exercises. I hope these responses meet with your approval. We will be happy to address any final conditions of approval following the SPRAB meeting of April 10, 2007. Sincerely, CURRIE SOWARDS AGUILA ARCHITECTS Jose N. Aguila, AIA Principal PQRAt~k~LY RC?BBttT t2. Cll R1~. :°.~CcT1'4EhS31fY. SyC- d[.A >=11.i)RIt"~tt e•i,^,i'S l~r 7'i-dF yP.Aii.?~?DJ 134rior.r;l:SCrSrgiAtenuc')~als7_r•t5e~ch,YiaYSCa33.1i~•,~.~:~ a.~>~I Pax;~~l-2~~-8t3~e~l3clp3s:'i w.,• ix.currf~ ~rc.ea!n SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: April 11, 2007 AGENDA ITEM: v.B. ITEM: Fire Station #4 - Class V Site Plan, Landscape Plan and Architectural Elevation Approvals Associated with the Construction of a 10,811 Square Foot Fire Station (4321 Lake Ida Road). GENERAL DATA: I CANAL L-37 1 Owner/Applicant........... City of Delray Beach Agent ............................ Currie Sowards Aguila Architects Location ........................ Northeast corner of Lake Ida Road and Barwick Road (4321 Lake Ida Road). Property Size ................ 0.92 acres Future Land Use Map... OS-O (Open Space - Other/Conference) & CF (Community Facility) Current Zoning .............. OS (Open Space) & CF (Community Facility) Adjacent Zoning..North: OS East: OS South: R-1-AB West: RM (Medium Density Residential) Existing Land Use......... Fire Station #4 & Barwick Park Proposed Land Use...... Construction of a 10, 811 square foot fire station Water Service ............... Existing on site. Sewer Service ............... Existing on site. ~® N V.B. ITEM'BEFORE THE BOARD The item before the Board is approval of the following aspects of a Class V site plan request for Delray Beach Fire Station #4, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): • Site Plan; • Landscape Plan; • Architectural Elevations; and • Waiver. The subject property is located at the northeast corner of Lake Ida Road and Barwick Road (4321 West Lake Ida Road). - -- - -----r- - BACKGROUND The subject property is an unplatted tract of land that includes a portion of the Barwick Park and the current site of Fire Station #4. The existing fire station was constructed in 1981 and contained 4,650 square feet. A site plan modification was approved in 1994, which added 1,108 square feet (5,758 total square feet). A Class V site plan application has been submitted to redevelop the parcel as a fire station. The application is now before the Board for action.. ` r:~ PROJECT DESCRIPTION "" The development proposal consists of the following: • Demolition of the existing fire station and construction of a 10,811 square foot fire station that includes three vehicle bays, sleeping quarters, kitchen facilities, fitness/conditioning room, and offices; • Reconfiguration of drive aisles and construction of 13 parking spaces; • Construction of a lift station; • Relocation of the sidewalk within Barwick Park; and • Installation of associated landscaping. The site plan application includes a waiver request to the following section of the City's Land Development Regulations: 1. Pursuant to LDR Section 4.6.9(D)(3)(a), which requires a maximum width of 36 feet for driveways. ----- --- --- '~ SITE PL"`AN ANALYSIS '' - COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Site Plan Review and Appearance Board Staff Report: Meeting 04/11/07 Fire Station #4 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 2 LDR Section 4.3.4 -Base District Development Standards• Special Building Setbacks: Pursuant to LDR Section 4.3.4(H)(6)(a), along the combination of NE 4~' Street and Lake Ida Road extending from NE 6'h Avenue westward to Military Trail, a 64-foot setback shall be provided on both sides of the centerline. The proposed development provides a 77-foot setback from the centerline of Lake Ida Road to the proposed building, thus, meeting the special building setback requirement. LDR Article 4.6 -Supplemental District Regulations: Open Space: Pursuant to LDR Section 4.3.4(K), the minimum open space required in the CF zoning is 25%. The proposed development provides an open space of 24%. In order to comply with the minimum open space requirement, aunity-of-title needs to be provided with Barwick Park. The provision of this document will combine the park's open space with the fire station and this is attached as a condition of approval. Off-Street Parking: Pursuant to LDR Section 4.6.9(C)(6)(f), fire stations are required to provide 1 parking space for each employee on the shift with the most employment. The applicant has indicated that the largest shift will consist of 5 employees. The proposed fire station exceeds the minimum parking requirement since 13 parking spaces are provided on-site. `~ ".~ WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantlydiminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Driveway Width: Pursuant to LDR Section 4.6.9(D)(3)(a), the point of access to a street or alley shall be a maximum of 24 feet unless a greater width is specifically approved as part of a site and development plan approval. However, in no event shall such point of access be greater than 36 feet. The proposed driveway along Lake Ida Road is 58 feet 5 inches wide. The applicant has submitted the following narrative in support of the waiver: Site Plan Review and Appearance Board Staff Report: Meeting 04/11/07 Fire Station #4 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 3 "...this station will house large fire apparatus, including the ladder truck which requires a larger turning radius and clearances to get to the easternmost bay as well as the drive aisle which will be used for (raining exercises. " Waiver Analysis: The larger driveways are a standard design for fire stations in order to allow safe and efficient egress from the property. It is also noted that the primary vehicular driveway for the public and employees will be from Barwick Road. Consequently, the oversized driveway will not generate the vehicular confusion that would arise from highly traveled driveways such as in a commercial shopping plaza. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Site Plan and Engineering Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to building permit submittal unless as otherwise stated: 1. That the height of the building is measured from grade pursuant to LDR Section 4.3.4(J) prior to certification. 2. That the public sidewalks are continued through the driveways prior to certification. 3. That handicap accessible details are provided for the public bathroom. -~"'~ ~ `~` ~ ~„' ~ ~ ~" ~" ~ LANDSCAPE ANALYSIS The City Horticulturalist has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of Alexander Palms, East Palatka Holly trees, Glaucous Cassia trees, Montgomery Palms, and Foxtail Palms. These areas will be underplanted with Cocoplum, Mammey Croton, Gold Mound, Green Island Ficus, Dwarf Yaupon, Dwarf Jatropha, Pentas, and Variegated Trinette. Additionally, the landscape plan incorporates existing trees consisting of Sabal Palms, Live Oaks, Jambolan Plum, and Pidgeon Plum. Based upon the above, the proposed landscape plan will comply with LDR Section 4.6.16. '~~~~'~' ' ` ~~- ~~'> ' ARCHITECTURAL ELEVATIONS Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. Site Plan Review and Appearance Board Staff Report: Meeting 04/11/07 Fire Station #4 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 4 b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The building has a contemporary interpretation of the Florida vernacular style. The building will have a silver standing seam metal roof. The walls are finished with a formed stucco siding that will be painted light green (Turquoise Mist). The horizontal and vertical trim, doors, columns, and bands will be painted off white (Atrium White). The Bahama shutters will be painted dark green (Grenadier Pond). The building base and secondary wall areas will be painted light green (Thornton Sage). A positive finding can be made that the fire station complies with LDR Section 4.6.18(E). REQUIRED FINDINGS Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. LDR Section 3.1.1 (A) -Future Land Use Map: The subject property has a CF-O (Community Facilities -Conference/Other) Future Land Use Map and CF (Community Facility) Zoning Map designation. That portion of the development that includes the driveway, parking; landscaping, and lift station along the north and east sides of the property has an OS (Open Space) Future Land Use Map and Zoning Map designation. Fire stations are a permitted use within the CF zoning district. The landscaping, driveways, and lift stations are consistent with the OS zoning district. However, a unity-of-title will be necessary to combine the two parcels and this is attached as a condition of approval. Based upon the above, a positive finding with respect to consistency with the Future Land Use Map designation can be made. LDR Section 3.1.1(6) -Concurrency: As described in Appendix "A", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, schools, and solid waste. LDR Section 3.1.1(C) -Consistency (Standards for Site Plan Actions): As described in Appendix "B", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Site Plan Review and Appearance Board Staff Report: Meeting 04/11/07 Fire Station #4 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 5 LDR Section 3.1.1(D) -Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDR can be made, when all outstanding items attached as conditions of approval are addressed. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the fire station. The property is surrounded on the north and east by Barwick Park; on the south by the Chatelaine residential subdivision, and on the west by Country Manor residential subdivision. There are no known conflicts between the existing fire station and the surrounding uses and the new fire station will not create an incompatibility with these surrounding uses. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The proposed redevelopment will not generate an impact on the surrounding neighborhood. As an essential public service, the new fire station will be an asset to the neighborhood. Further, the architectural design of the building will be a vast improvement over the aesthetics of the existing building. LDR Section 2.4.5(F) (5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north and east by OS (Open Space); to the south by R-1-AB (Single Family Residential); and to the west by RM (Medium Density Residential). Site Plan Review and Appearance Board Staff Report: Meeting 04/11/07 Fire Station #4 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 6 The surrounding land uses are the Barwick Park to the north and east; Chatelaine to the south; and Country Manor to the west. As discussed above in .the analysis of Future Land Use Element Objective A-1 and Housing Element Policy A-12.3, positive findings can be made with respect to the compatibility of the proposed development with the adjacent properties. The development proposal will be compatible and harmonious with the adjacent properties and a positive finding can be made with regard to LDR Section 2.4.5(F)(5). REVIEW BY OTHERS The subject property is not located in an area requiring review by an advisory Board or Agency. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: ^ Neighborhood Advisory Council ^ Chatelaine ^ Sabal Lakes ^ Lake Forest South ^ Country Manors ^ Rainberry Woods Letters of objection or support, if any, will be presented at the SPRAB meeting. 'r ~- ASSESSMENT AND CONCLUSION The proposed development involves the demolition of the existing fire station and construction of a new fire station. The proposed redevelopment will not generate a significant additional impact on the surrounding neighborhood. A recorded unity-of--title with Barwick Park will be necessary to address the open space deficiency of the subject property and the encroachment of the parking area into the park. The project will be consistent with the policies of the Comprehensive Plan and Land Development Regulations Section 2.4.5(F}(5) provided the attached conditions of approval are addressed. ALTERNATIVE ACTIONS`u` A. Postpone with direction. B. Move approval of the waiver and Class V site elevations for Fire Station #4, by adopting the staff report, and finding that the request and Comprehensive Plan and meets criteria set 2.4.7(8)(5), Section 4.6.18(E), and Chapter 3 subject to the attached conditions of approval. plan, landscape plan, and architectural findings of fact and law contained in the approval thereof is consistent with the forth in Section 2.4.5(F)(5), Section of the Land Development Regulations, Site Plan Review and Appearance Board Staff Report: Meeting 04111!07 Fire Station #4 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 7 C. Move denial of the waiver and Class V site plan, landscape plan, and architectural elevations for Fire Station #4, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(F)(5), Section 2.4.7(8)(5), Section 4.6.18(E), and Chapter 3 of the Land Development Regulations. '-~ ~ ~ STAFF RECOMMENDATION -~ By Separate Motions: Waiver: 1. Recommend approval to the City Commission of the waiver to LDR Section 4.6.9(D)(3)(a), which requires a maximum width of 36 feet for driveways, based on a positive finding with respect to LDR Section 2.4.7(8)(5). Site Plan: Move approval of the request for Class V site plan approval for Fire Station #4, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(F)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items and submit three (3) copies of the revised plans. 2. That a recorded unity-of-title between the Fire Station #4 parcel and Barwick Park be submitted prior to certification of the site plan. Landscape Plan: Approve the landscape plan for Fire Station #4 based on positive findings with respect to Section 4.6.16 of the Land Development Regulations. Elevations: Approve the proposed elevations for Fire Station #4 based on positive findings with respect to LDR Section 4.6.18(E). Attachments: Appendix "A" Appendix "B" Site Plan, Landscape Plan, and Architectural Elevations Report prepared by: Scott D. Pape, Senior Planner Site Plan Review and Appearance Board Staff Report: Meeting 04/11/07 Fire Station #4 - Class V Site Plan, Landscape Plan, Architectural Elevations Page 8 APPENDIX "A" GONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(6), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer.• Water service is available to the site via lateral connection to an existing 10 inch main along Barwick Road. Sewer service is available to the site via installation of the lift station and lateral connection to a 6 inch force main along Barwick Road. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The applicant has submitted a traffic statement that indicates that there will be no increase in vehicular trips for the proposed redevelopment. Therefore a positive finding can be made with respect to this level of service standard. Parks and Recreation Facilities: There are no impacts on parks and recreation facilities associated with the proposed fire station. Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. There will be no additional impacts on this level of service associated with the proposed redevelopment. Drainage: Drainage is to be accommodated on site via sheet flow to exfiltration trenches. There will be no impact on drainage as it relates to this level of service standard. Schools: School Concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. APPENDIX "B" STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not a licable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shat! be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent -with policies found under Objectives D-1 and D-2 of the Transportation Element. Not a licable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. if if is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable ~ X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable ~ X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so That the future use and intensity are appropriate in terms of soil, Topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent Appendix "B" Standards for Site Plan Actions Page 2 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in fhe Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable ~ X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dusf, fraffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is defermined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not a livable Meets intent of standard X Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbafe an existing sifuation causing it to become a high accident location, without such development taking actions fo remedy the accident sifuation. Not a livable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developmenfs as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments locafed in the downtown area, .and for infill projects having fewer than 25 units. Not applicable ~ X Meets intent of standard Does not meet intent P~"~ 33 ROAD SOUTH p SABAL ~ a ~ ¢ o O z D% a ~ ~~I CANAL O O N.W. 10TH ST. ,~. a l B~G~ 9y2 a ~y,` ~cpo co F LAA(E Z N.W. 9TH ST. COUNTRY MANORS ROAD O VBIRD O CARDINAL ~2 aG ~ ~ 2 v Q LANE O O L A K E I D A C N.W. 6TH CT. ¢ .W. 6TH CT. Y gVENUE r z ~ U o o r _ ~ 3 a _ ~ ~ N T. ~ ~ ~ a ~ w a Q Z '~. 3 m a N.W. 5IH GI. I /~ N.W. 5TH CT. AVENUE BRANDON L-31 TRESOR P 3 O Z 7Q ~ Z V /,t, ~~ CT R 0 A D N SUBJECT DELRAY BEACH FIRESTATION #4 ~_ PROPERTY CITY OF OELRAY BEACH, FL LOCATION MAP PLANNING d[ ZONING DEPARTMENT ~- D/GITAL SASE MAP SYSTEM -- MAP REf: LM7003 rn n 3 U O Q U - In Q <m n9~~z9 ~ s €~ ~ J ~ ,t ~ 3 '~ 4xa~? n a 3 a o ~ ' ~ eo LL i~ i c~ c~ ~ ,rte _-_ .Z.^. ~_ _ =, .., °- ~ i( ~i og 3~ a~~~,. ~ I` m ~ ~~ ~ U'~`' Jl .o-s~ - - ~ ~ n _ ~ 1InI~ ( ~I 53dlLLS 3L4M m 4 °~a z Jg ~: ~~ _a z f~ x '~3'a U ~+4'; ~3 C i v~ W Q J 34F~ fsv tiT~"..., ~tF _ s ~ Q J U ~`- i e i 3~ ~ ». ~.+ Z~ ~ "° C7 cA .- - ~ c rya ~ ~ s O Q ~: '°',; s fit"':'. t t V O ~ o _ ~ ~ a ~..r.w ,, s : o z ~e gga J Q Z _~y~ ~ P W r t~ ~h~k~~3 r°i ~-. U 3~~ S~ s ~. ~ ~.~ ~ Ta'Tis t ~ ~ 3p ~ z i-w w o p ~ i 1V11I W8f1S 9tl~ldS I ,I w O ~ ~ ~ ~ ~ C ~~~ ~ a ~ ~ ag p~~~3 ~ ~ u u ~O Q aU, @~~xxq ~ y 3 Q l~E~j~ ~ € Y ., % 4 W LL o- ,~ ~ ~ p6 ~ ~C ao ~~ ~~ ~ ~~ ~~ ~~ ~ Y, t~ -~~ ~~~ ;~~~~ ~~r~~ ~ I~~ Y I ~ i~ d~ ~~ ~ ~ $~~ ~Y ~~ o~ w~ 3~ 00 b ~J O a - ~~ F FFW' sa ~ X W r ~°m ~ 3 ~ M ~~ d W W ~ n ivurwa s avails ~~ ~Y i i i i ii ;; ~ ~ i A p ° 5 ° g Y ~ ~9 : $ $ $ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: David T. Harden THROUGH: CITY MANAGER DATE: Apri127, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF MAY 1, 2007 MID-YEAR BUDGET AMENDMENT ITEM BEFORE COMMISSION Mid-year budget amendment. BACKGROUND The attached memo from the Budget Officer describes in some detail the proposed mid-year budget amendment. I have also included the actual mid-year requests received from the Fire and Police Departments. Staff will be available to answer additional questions the Commission may have. The proposal as presented includes $174,875 in overtime for the Fire Department to increase the staffing in station #2 on the barrier island from four to five. It does not include $62,690 for two additional police officers requested for the Clean and Safe Program in the downtown area, nor the $22,790 requested for renting space for the Vice, Intelligence and Narcotics (VIN) unit from the City of Boca Raton. FUNDING SOURCE Additional revenues as outlined in the attached memo from the Budget Office. RECOMMENDATION I recommend that the mid-year budget resolution be approved with the deletion of the additional overtime for the Fire Department. I do not think it is prudent to increase staffing for station #2 at a time when the Legislature may well take action which will force us to reduce staffing in some of our other stations. This request could be reconsidered at third quarter or when we know what our revenue limitations are for next year. The annual cost would be in excess of $300,000. For similar reasons I have not included the funds for renting space from Boca. There maybe other options we have not yet considered, and we maybe placed in the position of choosing between renting space or loosing a police officer. The CRA director is receptive to providing additional funding for two more Clean and Safe officers, and I would recommend adding these officers when the funding agreement is in place. 9G MEMORANDUM TO: David T. Harden City Manager FROM: Lisa M. Herrmann !,~ Budget Officer Through: Joseph Safford~~, Finance Director SUBJECT: Mid-Year Budget Amendment for FY 2006/2007 DATE: April 18, 2007 RECE'VED APR 1 9 2007 CITY MANAGER Attached please find Resolution 30-07 which amends the budget for Fiscal Year 2006-2007. Also attached are supporting schedules for your review. Please let me know if you have any questions cc: Becky O'Connor, Treasurer Attachments 1.3 RESOLUTION NO. 30-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 62-06 ADOPTED SEPTEMBER 19, 2006, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2006/2007, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2006/2007; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 62-06 adopted by the City Commission of the City of Delray Beach, Florida, on September 19, 2006, is hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1S` day of October, 2006, and ending the 30~` day of September, 2007, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 15t day of October, 2006, and ending the 30~' day of September, 2007. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30~` day of September, 2006, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and map be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1S` day of October, 2006. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal pear commencing the 1S` day of October, 2006. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Dekay Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any. other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Officer and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 5, 2006, and September 19, 2006. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regulax session on this the 1st day of May, 2007. MAYOR ATTEST: City Clerk 2 RES. NO. 30-07 EXHIBIT A (As Amended) BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2006-2007 CASH BALANCES BROUGHT FORWARD ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 6.86 AD VALOREM TAXES 0.44 AD VALOREM-DELINQUENT AD VALOREM - DDA 1.00 Sales & Use Taxes Franchise Taxes Utility Taxes Other Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES General Fund DOWNTOWN SPECIAL AMENDED DEVELOPMENT ENTERPRISE REVENUE FY 06107 FUND FUNDS FUNDS 354,269 - 8,438,801 750,589 55,586,670 - 3,515,990 - 62,000 - - 548,110 - 1,500,000 - 5,558,250 - 4,475,000 - 3,800,000 - 4,152,060 - 8,413,621 383,750 6,999,080 6,102,760 39,857,530 - 953,900 - 67,000 5,643,505 1,500 718,110 489,219 2,997,435 12,581,225 1,548,290 TOTAL EXPENDITURES/EXPENSE General Government Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDITURESIEXPENSES Reserves TOTAL EXPENDITURES AND RESERVES 9,543,659 55,586,670 3,515,990 62,000 548,110 1,500,000 5,558,250 4,475,000 3,800,000 4,152,060 15,796,451 45,960,290 1,020,900 6,852,334 17,126,950 102,761,191 549,610 53,540,615 9,103,589 165,955,005 103,115,460 549,610 61,979,416 9,854,178 175,498,664 11,160,103 - 11,160,103 51,800,194 - 105,032 51,905,226 585,090 44,640,641 - 45,225,731 2,267,519 - - 2,267,519 9,330,489 467,360 - 6,900,121 16,697,970 155,500 - 853,620 1,009,120 14,668,969 4,132,380 1,781,385 20,582,734 5,108,370 6,291,840 - 11,400,210 6,799,715 6,801,525 212,410 13,813,650 101,875,949 467,360 61,866,386 9,852,568 174,062,263 1,239,511 82,250 113,030 1,610 1,436,401 103,115,460 549,610 61,979,416 9,854,178 175,498,664 GENERAL FUND REVENUES MARCH 31, 2007 (PERIOD 6) FISCAL YEAR 2006-07 General Fund Summary The General Fund Budget as of the six month period ending March 31, 2006 totaled $101, 399, 029. Adjustments of $1, 716, 431 were made for an amended total of $103,11 S, 460. General Fund Revenue Introduction General Fund revenue collection for the six-month period ending March 31, 2007 totaled $73,497,386 or 72% of the total budget. This includes encumbrances brought forward totaling $364,530. The City can expect a surplus of $1,716,431 at fiscal year end. Variances are discussed in more detail below. Ad Valorem Taz Revenue A total of $51,865,570 or 89% of the budget was collected for this revenue category. The City can expect a surplus of $757,000. This is based on an expected surplus of $776,000 for current ad valorem taxes offset by an expected shortfall in delinquent taxes totaling ($19,000). The projection for current ad valorem taxes will be adjusted once the final assessment has been received. We should expect final assessment figures sometime this summer. Sales and Use Tazes Sales and Use Taxes totaled $724,527 or 47% of the budget. The City can anticipate a shortfall of $50,000 at fiscal year end due to optional gas tax revenues coming in less than expected. Franchise Tazes The City has collected $2,463,344 or 54% of the budget for this category. A surplus of $1,000,000 is expected at fiscal year end primarily due to an increase in the projection for franchise fees based on electric usage. Franchise fees based on electric are up 19% from last year for the same time period. Utility Tazes Utility Tax revenues totaled $2,267,114 or 51% of the budget. No variances are expected at this time. Utility tax collections are comparable to the prior year. Franchise fees are up in comparison to last year's collection but not utility taxes due to the fact that the base for which franchise fees are calculated includes fuel charges. There was a 24% increase in fuel charges this past year. Other Tazes The communication service tax (CST) revenue collections totaled $1,843,691 or 41% of the budget. This revenue source is coming in less than anticipated resulting in an expected shortfall of $700,000 at fiscal year end. CST revenues are down 21% from last year for the same time period. A representative for the State of Florida Department of Revenue explained that CST revenues for the whole state are down proportionately. Licenses License revenues totaled $702,110 or 93% of the budget. $6,000 due to anticipated surplus balances in occupationa sidewalk permits ($2,000). Revenue collections for FY collections ($706,173). Permit Revenues The City can expect a surplus of 1 license inspections ($4,000) and 07 are comparable to last year's Permit revenues totaled $1,639,900 or 49% of the budget. The City can anticipate a surplus of $37,000 at fiscal year end. This is due to anticipated surplus balances in shutter permits ($30,000), enclosure permits ($20,700), trailer permits ($1,800), no final inspection fees ($4,000) and miscellaneous permits ($52,000). This is offset by anticipated shortfalls in plumbing permits ($20,000), air conditioning permits ($20,000), paving permits ($24,500), and conditional certifications ($7,000). Intergovernmental Revenues Intergovernmental revenues are at $3,686,254 or 47% of the budget. The City can anticipate a surplus of $536,881 at fiscal year end. This is due to projected surplus balances in the line items for the Urban and Community Forestry grant ($127,003), State Homeland Security grant ($2,114), FEMA Hazard Mitigation grant ($3,763), FEMA mutual aid grant ($448,000), EMS grant ($42,001), Florida Department of Transportation grant ($22,000), grant from local units ($12,500), Metlife Foundation grant ($1,500), and the Sports Authority grant ($35,000). These surplus balances are offset by a projected shortfall in state sales tax revenue ($75,000) and the state gas tax refund ($2,000). Please note FEMA has changed the distribution formula for prior hurricane aid. The Federal government has increased their aid from 75% to 90% while the State and decreased their distribution rate from 12.5% to 5.0% resulting in a net increase of 7.5% or $448,000. Charges for Services Charges for Services totaled $2,992,249 or 47% of the budget. The City can expect a shortfall of $224,360 at fiscal year end. The shortfall is due to expected shortfalls in zoning fees ($8,920), plat approval fees ($11,290), site plan approval fees ($48,840), conditional use fees ($11,190), abandonment fees ($2,380), taxable items ($3,000), miscellaneous land use application fees ($26,040), beach overlays ($6,500), certifications/copies ($7,000), and transport fees ($350,000). This is offset by expected surplus balances in fire safety plan review fees ($55,000), cemetery fees ($5,000), beach parking fees ($35,000), after school program fees ($11,000), concessions ($22,800), special events -miscellaneous ($12,000), tennis memberships ($50,000), and tennis lesson sales ($70,000). Fines and Forfeitures Fines and Forfeitures totaled $425,284 or 42% of the budget. The City can expect a shortfall of $69,000 at fiscal year end primarily due to estimated shortfalls in general fines ($40,000), collection agency revenues ($7,500), school crossing guard fees ($34,000), false alarm fees ($5,000) and parking late fees ($13,000). This is offset by projected surplus balances in handicap ticket fees ($20,000), code enforcement fines ($4,000), civil violation fees ($4,000), and penalties on ad valorem fines ($2,500). Interfund Transfers Interfund Transfers are at $12,500 or 50% of the budget. The City can expect a surplus of $8,385 at fiscal year end due to an anticipated surplus in the transfer from the Special Projects Fund. This amount represents school crossing guard surcharges collected in FY06. Contribution from Other Funds Contributions from Other Funds are at $1,482,025 or 50% of the budget. The City can expect to be at budget at fiscal year end. Recovery of Administrative Costs Recovery of Administrative Costs is at $1,089,785 or 50% of the budget. The City can expect to be at budget at fiscal year end. Miscellaneous Revenue Miscellaneous revenues totaled $1,938,503 or 64% of the budget. The City can expect a surplus of $414,525 at fiscal year end due to anticipated surplus balances in interest earnings ($350,000), interest from the tax collector ($25,000), interest on accounts receivable ($5,000), land proceeds ($62,000), assessment revenues ($8,500), CRA shuttle service contribution ($39,995) and VISA rebate ($4,300). This surplus is offset by anticipated shortfalls in tennis stadium rentals ($5,000), CRA contribution/neighborhood planner ($32,770), CRA communications manager ($20,000), CRA contribution/in-house project management services ($1,500), and refund of prior year expenditures ($12,500). It should be noted that assessment revenue collected pays back the general fund for projects expensed in a prior year and, therefore, is not a budgeted item. Mid Year Budget Amendment Fiscal Year 2006-2007 General Fund Exnendltures The General Fund expenditures total $55,119,903 or 53% of the proposed amended budget of $103,115,460. The departmental adjustments overall total $1,716,431. A brief justification of departmental adjustments is as follows: General Government Services This category includes the legislative and administrative departments of the City and the miscellaneous division. T'he increase in General Government expenditures totals $295,259. The City Commission's budget is increasing $60,000 for two additional unbudgeted federal lobbying firms. The City Manager's budget is increasing $6,696 mainly as a result of additional salary, unbudgeted items for the Assistant City Manager, maintenance of the time management system and hosting the PBCCMA lunch meeting. The Human Resources' Department's increase of $27,590 is due to an increase in hours for the part time Office Assistant, increase in service award gifts for employees, additional training, maintenance of the time management system and tuition reimbursement for the accelerated master's degree program. The Public Information Department's decrease of $25,781 is due to the position of Communication Manager not being filled. Funds were kept in the salary account for the upgrade of the part time Public Information Assistant to full time status. The City Clerk's Department increase of $170 is for maintenance of the time management system. The Finance Administration Department's increase of $27,441 is due to the addition of a buyer position on June 1 ($16,520), the reclassification and transfer of an Executive/Technical Assistant position from IT ($27,992), the elimination of the Staff Assistant position (-$22,451), anticipated additional needs in the office supplies accounts ($5,000) and for maintenance of the time management system ($380). The City Attorney's budget increase of $200,130 is needed to offset anticipated budget shortfall in the legal account ($200,000) due to pension consultation expenses, general employment matters, Palm Beach County dispatch case, property matters and maintenance of the time management system. Administrative Services Divisions' request of $8,695 covers projected increase in irrigation, maintenance of the time management system and additional equipment needed for the postage meter machine. The Clean & Safe division will increase $60 for maintenance to the time management system The decrease to the IT budget of $27,742 is for maintenance of the time management system ($250) and reallocation and transfer of Help Desk Administrator to Finance Administration (-$27,992). The increase in the Engineering budget of $170 is for maintenance of the time management system. The increase in the Public Works Building Maintenance division of $17,830 is due mainly to maintenance for new bus shelter inventory. Cultural and Recreation This category includes the Parks and Recreation Department, the Old School Square Grant and Library and miscellaneous cultural and recreational grants. The increase in this category is $556,743. The Parks and Recreation Department's increase of $151,143 is due mainly to bringing forth the remainder of the Urban and Forestry Grant ($127,003), budgeting FDOT funds for landscaping along I-95 ($22,000) and maintenance of the time management system ($2,140). These expenses were offset by revenues in the amount of $149,003. Mid Year Budget Amendment Fiscal Year 2006-2007 The Tennis Operations Department's net increase is $405,600 due mainly to expenses related to the Fed Cup and Matchpoint tournaments and anticipated increases in accounts such as electricity, irrigation and insurance in the Tennis Centers accounts. Public Safety This category includes the Police and Fire Departments and Community Improvement. The Department budgets in this category represent 50% of the general fund budget total. The increase in the Public Safety budget category equals $725,483. The Police Department's budget is 50% expended at 50% budget period lapsed. The bulk of the anticipated shortfalls are in police overtime ($248,196) and tuition reimbursement ($37,500). Also included is funding for two additional police officers in the amount of $62,690 for salaries, benefits, uniforms and training academy. These officers will be used as a School Resource Officer and officer on the Violent Crime Task Force. The Fire Department's budget increase of $379,191 includes $174,875 to cover anticipated additional overtime needed for the remainder of the year, $67,980 for mold remediation for Fire Stations 1, 2, 3 and 5, $45,000 for additional vehicle maintenance, $42,001 to budget a Palm Beach County EMS Grant and $37,500 for uniforms for newly hired employees. The Community Improvement budget shows an increase of $930 to cover all divisions' share of maintenance of the time management system. Physical Environment This category consists of Public Works Administration and the Cemetery, reflects an increase of $1,030. Each division is covering costs for maintenance to the time management system and also an increase in waste collection fees. Transuortation This category includes the Public Works Department. The department has four divisions, Streets, Traffic Operations, Parking, and Street Lighting. There is net departmental increase of $57,260. A $5,000 increase is requested in overtime for special events, $51,900 for increase in cost of concrete repairs and $360 for maintenance of the time management system. Economic Environment There is no requested change to this function. Debt Service There is a decrease to this function in the amount of $255,000 in the 2005 Line of Credit ($230,000) and 2007 Line of Credit accounts. Other Financing Uses This category accounts for inter-fund transfers. The increase in the budget of $536,195 is a transfer to the Parks and Recreation Bond Fund to reallocate the funding source for the purchase of the Auburn Trace land. Reserves City Manager's Contingency, after all adjustments to balance revenues to expenditures were made, reflected a net decrease of $200,539. Transfers to the departments totaled $1,716,523 which were partially offset by department surpluses of $80,748. Mid Year Budget Amendment Fiscal Year 2006-2007 Other Funds Law Enforcement Trust Fund There will be an overall fund increase of $38,032 to fund additional training, meeting expenses, crime prevention programs, and anoff--site VIN location. Tennis Stadium Fund No changes or adjustments to this fund. Special Proiects Fund This fund will increase $8,385 for funds received from the School Crossing Guazd ordinance that will be transferred to the general fund. Community Development Fund Fiscal Yeaz 2005/06 balances for Neighborhood Housing, SHIP, Hope III programs and remaining Housing Rehabilitation Block Grant balances were brought forward. Total brought forward is $2,852,562. Also included is $285,000 for the donation of property from the CRA and $49,138 in additional contributions from the CRA. Beautification Trust Fund This fund will result in an overall increase of $219,349. An increase in beautification maintenance of $169,300 is for I-95 interchange annual maintenance ($119,300) and Royal Palm tree project ($50,000). $45,000 is being requested for Congress Avenue medians and $12,570 for exotic plant removal at Leon Weekes Pazk. Beach Restoration Fund No changes or adjustment to this fund. General Construction Fund This fund will result in an overall increase of $65,589 due to mainly to a transfer to the CRA of $64,560 for funds due to the CRA for the bus shelter project. An additional $1,029 is budgeted for the Firefighters Assistance grant. 2004 GO Bond This fund will have a decrease of $700,910 to remove a $2,200,910 Florida Communities Trust Florida Forever Grant that the City was not eligible for and the add transfers from the General and Stormwater funds in the amount of $1,500,000 to reallocate funding source for the Auburn Trace land. City Marina Fund No changes or adjustment to this fund. Sanitation Fund No changes or adjustment to this fund. Mid Year Budget Amendment Fiscal Year 2006-2007 Water and Sewer Fund This fund will include an increase in revenue and expenditure of $9,566,250 each due mainly to the addition of $9,000,000 in debt proceeds for the Reclaim and Deepwell project. Also included is a new $300,000 fee for sludge disposal and $330,000 needed for additional chemicals for the remainder of the fiscal year. These expenditures were partially offset by surpluses in salary items of approximately $72,000 for vacant positions. Water and Sewer Renewal and Replacement Fund No changes or adjustment to this fund. Municipal Golf Course The overall fund will increase $279,620 to record Golf Carts leased from Club Car Inc and the trade in for golf carts. Lakeview Golf Course No changes or adjustment to this fund. Stormwater Utility Fund This fund will increase by $963,805 for a transfer to the Parks and Recreation Bond to reallocate the funding source for the Auburn Trace land. Garaee Fund No changes or adjustment to this fund. Insurance Fund No changes or adjustment to this fund. RECEIVED LRA4~ ®~AC I~l~~ ~ -zoo? CITE OF DE ~~TY ~~A~lAGER- FIRE-RESCUE DEPARTMENT SERVING DELRAI' BEACH ~ GULF STREAM HIGHLAND BEACH DELRAY BEACH All-America City 'I 0 1993 MEMORANDUM zoos TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief SUBJECT: Mid-Year Budget Adjustment - 2007 DATE: March 2, 2007 As you will recall, there was considerable discussion at the City Commission Workshop session on August 8, 2006 regarding our budget request to add a Fire Fighter/Paramedic to the daily staffing on Engine 2 at 35 Andrews Avenue. At the time, we were seventeen positions down from our authorized complement, and primarily because of this the City Commission did not want to authorize additional staffing until the number of vacancies was substantially reduced. However, there was interest in bringing this matter back to the Cormission at the time of the forthcoming mid-year budget review/amendment. To that end, I am able to report that we will be at 100% of current authorized staffing in the Operations Division effective March 19, 2007. This is a direct result, in my opinion, of the adjustment in our compensation package that was addressed in this year's budget. Both the improved overall quality of the typical candidate and the numbers of candidates available for consideration enabled us to make three good rounds of personnel selection since October 1St, leading to this outcome. Now we are at a point that I feel we can make the staffing adjustment on Engine 2. I recommend this be done initially by increasing the minimum daily staffing by one Fire Fighter/Paramedic beginning April 1St. This would be accomplished by using additional requested overtime in the amount of $162,448, plus F.I.C.A., rather than hiring more personnel, at least during the remainder of this fiscal year. The decision to continue this practice, or convert this cost to full time personnel could be further considered as part~`~~j -~ FIRE-RESCUE DEPARTMENT HEADQUARTERS • 501 WEST ATLANTIC AVENUE •DELRAY BEACH, FLORIDA 33444-2555 (561) 243-7400 • FAX (561) 243-7461 ~~ ~ ~ ~~ ~ ' 1 ! `~ 1 ~l Printed on Recycled Paper ~-y7l ~2. ! `~ / V lZ, ~ Z -- avt -23 S ~SZ~ - 2 j -- %r~ 7 of the upcoming budget discussions. The advantages of the overtime approach are: • It produces an instant service improvement. • It avoids capital outlay costs for personal protective equipment and communications apparatus. • It avoids recruitment expense including staff time to select new personnel. • It avoids orientation and training costs associated with new personnel. If this strategy is approved, we will provide a standard, uniform level of service throughout the community both in the static deployment mode as well as the operational coverage plan used for training and move-ups throughout the day. We will also be able to have 100% of our primary response units certified and functioning at the Advanced Life Support level. Both of these improvements would be significant "firsts" for the Department and the City of Delray Beach. While the attachments speak to the overall activity levels and operational standards for Engine 2 in general terms, I would point out that there have been a number of serious fires and incidents of greater potential in recent months in areas served by this unit. Each of these incidents has again illustrated to our operational commanders the real and substantial need for increased staffing on this unit. Operational effectiveness for the benefit of the public and the safety of our personnel continue to be overriding concerns. These considerations also apply to our responsibilities in Gulf Steam and Highland Beach where Engine_2 is either first or second due on most responses. Your positive consideration of this long standing request would certainly be appreciated by me and the entire Fire-Rescue Department. Kerry B~Koen Fire Chief, CFO Attachments: 3 Joseph L. Schroeder Chief of Police TO: THRU: FROM: DATE: SUBJECT: Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 MEMORANDUM Lisa Herrmann Budget Officer Joe Safford Finance Director Joseph L. SchroederG~`~~~~ Chief of Police ~' March 30, 200~~ MID-YEAR BUDGET ADJUSTMENT 'w, ~~ III RECEIVED APR 4 - 2001 CITY ~~~'~~I~,~E~ DELRAY BEACH All-America City ~'~-® 1993 2001 The Police Department has ident~ed its budget shortfalls, in the amount of $442,134, for Fiscal Year 2006107. The Department has identified internal surpluses and will submit a Budget Transfer Form to cover $41,850 of that amount. We are requesting a mid-year budget adjustment of $400,284 to cover the remainder of the projected deficit which is due to non budgeted expenditures that have occurred during the first half of the Fiscal Year or will occur in the last half of the Fiscal Year. There are several line items throughout the budget that are at less than 50%. The excess funds in these accounts will be used to support the budget transfer of $41,850. Currently three of the six salary accounts are under the 50% threshold. The salary surplus in those accounts should cover most of the shortages in overtime for the first half of the fiscal year. However, additional funding will be necessary to cover a portion of that overtime and to cover overtime needs for the second half of the year. The following is a breakdown of the requested $400,284: • Increased Staffing of four (4) Police Officers, $109,435, as detailed in our request dated 219/07. A summary of that request is provided below: SCHOOL RESOURCE OFFICER (1) -With one additional officer the Police Department could dedicate an officer/investigator full-time to Carver Middle School. With the recent surge in violent crime and gang activity, this added position would be responsible for assisting the Palm Beach County School District Officer assigned there as well as to investigate criminal cases that occur both inside and outside the school when it involves school students... Additionally, this position could be responsible. for_teaching DARE and. GREAT at the school. Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence SUBJECT: MID-YEAR BUDGET ADJUSTMENT DATE: March 30, 2007 PAGE: 2 VIOLENT CRIME TASK FORCE (1) - An additional police officer would allow us to contribute one officer full time to the' Palm Beach County Violent Crime Task Force. Other municipalities of like size all contribute one officer full time although currently our officer is committed only on a part-time basis. There are several benefits to this commitment. To begin with, the Delray Beach Police Department will have an invaluable link to information and intelligence on violent crime throughout the county. This full-time position would be responsible for disseminating real time intelligence to officers and investigators in our department. With the recent rise in violent crime in our city, in the county and around the nation, making a full time commitment to the Violent Crime Task Force is no longer an option and should be a priority for our department. CLEAN AND SAFE OFFICERS (2) -With this increase, the Police Department could commit two additional officers full-time to Clean and Safe. With the growing number of people that live, work and play in the downtown, a constant, visible law enforcement presence is paramount to ensuring that the "safe" component of Clean and Safe is met. With that said, two officers would be added to Clean and Safe to increase the presence of law enforcement in and around our downtown. These two positions would be dedicated to foot, bike and Segway patrols and would not be subject to calls for service or any other demand that would take them out of the downtown area so that a continuous presence would be ensured. The cost of these positions would equal $109,435, and would be added to the account ~ • Overtime expenses of $230,559 are being requested. Due to increases in crime and gang violence seen both nationally and locally, increased proactive enforcement ~~ i n a and has been demanded b the communi at lar e. While the increase ~~ s ecess ry y ty g in positions requested above will help in this area to some extent, realistically, any new hires beginning their positions at this point in the year would be in training throughout the remainder of this fiscal year. Over-time in the amount of $90,160 is being requested to fund these efforts. This figure was based on part-time hours for 3 positions (25 hrs wk x 26 wks x 3 staff) at the average officer overtime salary of $42.95 per hour, plus FICA. Additional funding in the amount of $140,399 is needed to offset overtime deficits incurred during the first half of the year which were not covered by the salary surplus (after termination pay was factored in). • 2111-54.35 Tuition Reimbursement X37,500: We have four (4) employees requesting to be added to the Tuition Reimbursement Program at mid-year and twenty-two who were previously approved and already enrolled in programs. __- _ R~fditionally, _ the. _f'otice- f~epartment -arrd-the--City--of Delray beach has Embarked upon an innovative program, bringing graduate level classes to a city-wide cohort as follows: t w / 1. 2115-12.10 Salary $85,500 '1~ ~ ~21 ~~ _Qi ` (Calculated based on 4 positions at $42,750) 2. 2115-21.10 FICA (and other benefits at 20%) $4,275 ,,^I ~ 1 (J 3. Uniforms and Assoc. equip. ($2,000 x 4) $8,000 4. Academy ($2,915 x 4) $11,660 SUBJECT: MID-YEAR BUDGET ADJUSTMENT DATE: March 30, 2007 PAGE: 3 group. This exciting new program is designed to build leadership and improve our ability to conduct successful succession planning. However, in order for it to be successful, it will have to be fully funded. Our original tuition reimbursement request was only funded at 61 %. We are requesting dollars to fully fund the original request and add the individuals who were previously unbudgeted (including those already approved for participation in the In-House FAU Master's Program). • Off-si#e V.I.N. Location: X22,790, as detailed in our request 1/26/07. A summary and the associated costs are provided below. The V.I.N. unit, a team of 8, is currently housed within the Police Department. This compromises their ability to successfully conduct undercover operations. The challenge of retaining their covert status is increasing due to the addition on the South County Courthouse. Fortunately, our team has developed a strong partnership with the Boca Raton Police Department, and they have offered to provide space for us. Estimated costs are nominal and include: Name Cost Units/ Mon. Total Cost Lease 3,500 6 21000.00 Furniture 2,200 2 4,400.00 Phones 180 8 1,440.00 Fax 100 1 100.00 Grease Boards 107 2 214.00 Trash cans 5 8 40.00 N Mounts 60 2 120.00 Less Stora a Unit Lease 754.00 6.00 4524.00 Subtotal for off-site 22,790.00 Should you require additional information to support our request of additional funding, please contact Ms. L'Herrou at extension 7852. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: FRANK BABIN, RISK MANAGER THROUGH: DAVID HARDEN, CITY MANAGER DATE: APRIL 25, 2007 _ _ , SUBJECT: AGENDA ITEM # 1.1 t -REGULAR M] WEEDLING WATER DAMAGE CLAIM ITEM BEFORE COMMISSION Claim for damages to Weedling residence (1055 Del Harbour Drive) due to a City water main rupture. BACKGROUND Water from a ruptured City water main caused extensive damage to the residence at 1055 Del Harbour Drive. FUNDING SOURCE 551-1575-591-45.51, Liability Claims (Self Insured). Maximum Statutory Sovereign Immunity Limit of $100,000. RECOMMENDATION Recommend City Commission authorization for Gallagher Bassettt Services (claims administrator for the City) to make a claim payment of no greater than the City's statutory sovereign immunity limit of $100,000 for damages to the residence at 1055 Del Harbour Drive caused by water from a ruptured City water main. MEMOY2.ANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Terrill Barton, Assistant City Attorney THROUGH: CITY ATTORNEY DATE: April 19, 2007 SUBJECT: AGENDA ITEM # 1.~ -REGULAR MEETING OF MAY 1, .200' OFFER OF SETTLEMENT OF CLARENCE RODOCKER AND LYNN WARWICK V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Offer to settle two (2) claims in the case of Clarence Rodocker and Lynn Warwick v. City of Delray Beach. BACKGROUND During the afternoon on December 28, 2005, Clarence Rodocker and Lynn Warwick were riding their bicycles in an easterly direction on the north side of West Atlantic Avenue at NW 13` Avenue when Robert Lindemuth, a City Employee driving a City vehicle, struck both claimants. Each claimant alleged back injuries as a result of the accident including but not limited to herniated and bulging disks. To date Mr. Rodocker has incurred medical bills in the amount of $16,444.00 and Ms. Warwick has incurred medical bills in the amount of $14,107.50. Both Claimants are represented by attorney Jason Dailey. Mr. Dailey submitted an offer of final settlement on April 18, 2007, in the amount of $9,500.00 per claimant. RECOMMENDATION The City Attorney's office recommends approval subject to execution of general releases by each claimant. ok MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Brian Shutt, Assistant City Attorney THROUGH: CITY ATTORNEY DATE: Apri126, 2007 T SUBJECT: AGENDA ITEM # ~ ~J -REGULAR MEETING OF MAY 1 2007 PROPOSED WIFI AGREEMENT ITEM BEFORE COMMISSION Approval of the Agreement between the City and Delray Beach WiFi regarding wife. BACKGROUND This item was discussed at the April 10, 2007 Commission workshop meeting. At that meeting it was suggested that the Agreement provide more information regarding "ongoing training". That language has been clarified, see paragraph 13 of the attached agreement. This item was also presented to the Chamber of Commerce Technology Committee on April 24 in which several revisions were recommended (see attached memo). Section 13(a) has been modified to provide that the free computers will all be new and Section 37 was modified to provide that Delray WIF'I shall upgrade its network so that it will be comparable to other broadband service providers. Exhibit F has also been modified to clarify and better define certain measurement standards. FUNDING SOURCE N/A RECOMMENDATION Commission Discretion ~~~yt ~~~. ~~ ~ ~ 9' t, r C~ItEATEK DEY„RA''Y BEACH. ~-csa~~oM Chamber of Commerce ::; ,, °„ :'::::: Memo Ta Mayor Rita Ellis Vice-Mayor Fred Fetzer Deputy Vice-Mayor Brenda Montague Commissioner Gary Eliopoulos Commissioner Woodie McDuffie From: Todd L'Herrou, Vice-Chair for Technology, Greater Delray Beach Chamber of Commerce CC: City Manager David Harden Date: April 26, 2007 Re: Wireless Broadband Agreement On behalf of the Greater Delray Beach Chamber of Commerce (the Chamber) and the Chamber Technology Committee, thank you for the opportunity to review the wireless broadband agreement between the City and Delray Beach WiFi, LLC. On April 24th, members of the Chamber Technology Committee met with representatives of Delray Beach WiFi and its' parent companies, ATC International and E-Path Communications. Several City staff, the Finance Director, Joe Safford and the City Attorney, Susan Ruby, were also in attendance, as was Bill Wood, President of the Chamber. Over the course of the meeting, we reviewed a number of issues and questions which had been raised regarding the City's agreement with Delray Beach WiFi. Delray Beach WiFi (and parent companies) were responsive to those questions. As a result, some points in the contract were identified for revision or clarification, including the timing and quality of the computers provided (they should be new, not renovated) and a role for City input on network upgrades. These points were noted by the City Attorney. We are confident that, with the minor revisions and clarifications to the contract, an agreement between the City and Delray Beach WiFi will be a benefit to the city, to its businesses and residents, and to visitors. At this time, we recommend adoption of the agreement. We would also like to extend an offer to the City Commission and City Staff to provide input on the implementation of elements of the agreement which are under the city control, should such input be of use. ~ Greater Delray Beach Chamber of Commerce ~ 64 SE 5th Ave. ~ Delray Beach FL 33483 ~ (5s1) 278-0424 FAX 278-0555 webmaster~delra~ach.com ~ www.delravbeach.com WIRELESS BROADBAND AGREEMENT THIS WIRELESS BROADBAND AGREEMENT ("Agreement"), dated for purposes of identification only this day of 2007 ("Effective Date") is entered between the CITY OF DELRAY BEACH, a municipal corporation ("City") and DELRAY BEACH WIFI, LLC ("Delray Beach Wi-Fi"), a Delaware limited liability company. Capitalized terms shall have the meaning ascribed in the body of the Agreement or as set forth in the attached Exhibit A. WHEREAS, City sought proposals through an Invitation to Negotiate dated October 17, 2006 for municipal wireless broadband; WHEREAS, following evaluation, ATC International, Inc. ("ATCI") was selected as the most qualified responder; WHEREAS, ATCI, E-Path Communications, Inc. ("E-Path") or their respective affiliates, as the current principals of Delray Beach Wi-Fi, desire to provide its Services (as hereinafter defined), through Delray Beach Wi-Fi, consistent with its proposal made to the City Commission in the City; WHEREAS, in connection with the provision of Services hereunder Delray Beach Wi-Fi desires to mount, install, operate and maintain certain of its equipment on certain City- owned Assets, and on streetlights, traffic signal poles, and other structures owned and controlled by third parties, in accordance with the terms, provisions and conditions contained in this Agreement and subject to any agreement with third party owners, if any ("Network"); WHEREAS, City has requested and Delray Beach Wi-Fi shall provide Free Service, as defined in Exhibit A in the Free Service Zone, as defined in Exhibit A; WHEREAS, City recognizes the benefits of a citywide deployment of a wireless broadband network and Delray Beach Wi-Fi agrees to provide same for the entire City with the Free Service Zone as the first priority; WHEREAS, ATCI has established a new and separate entity, Delray Beach Wi-Fi, to meet the terms and conditions of this Agreement and to accommodate its stockholders and investors; and WHEREAS, City desires to have the Services provided by Delray Beach Wi-Fi available for use by City and its citizens, businesses and guests in accordance with applicable law, and the terms, provisions, and conditions contained in this Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS SET FORTH ABOVE AND AS FOLLOWS: FTL:2153222:3 1. TERM OF AGREEMENT -The Term of this Agreement shall be for ten (10) years and will upon approval of City it may be renewed for two additional renewal terms of five (5) years each (collectively "Term"). In the event both parties desire to extend the Term, City and Delray Beach Wi-Fi shall execute a written extension of this Agreement no later than ninety (90) days prior to the expiration date of the term. 2. PLANS AND SPECIFICATIONS-Delray Beach Wi-Fi will obtain from City approvals of the plans and specifications for the Network prior to any installation under this Agreement, including without limitation any upgrades or enhancements, which approval will not be unreasonably withheld, conditioned or delayed; provided, however, that any review or comment by City shall in no way relieve Delray Beach Wi-Fi of any duties or obligations set forth in this Agreement, or limit Delray Beach Wi-Fi's ability to provide the Services in accordance with applicable law. City will notify Delray Beach Wi-Fi in writing of any objection and the evidence for such objection within sixty (60) calendar days of Delray Beach Wi-Fi's submission of any plans or specifications (including expansions and upgrades to the network). Delray Beach Wi-Fi is not obligated to expend any funds on the Network until all necessary City approvals have occurred (collectively the "Approvals"), and it has obtained all Underlying Rights. If any Approval is in legal dispute or revoked then Delray Beach Wi-Fi will be entitled to suspend performance of all Services dependent on such Approval at its option, until all Approvals are reinstated or no longer in legal dispute. If City does not approve the Plans and Specifications for the Network within sixty (60) calendar days of delivery to the City, or if all Approvals necessary for Delray Beach Wi-Fi to perform under this Agreement are not obtained within ninety (90) calendar days of such delivery, then Delray Beach Wi-Fi and the City shall each, respectfully, be entitled to terminate this Agreement, subject to all applicable law, without any Default or further liability by either Party of any kind. 3. SCHEDULE OF PERFORMANCE -All work to be performed under this Agreement shall be commenced and completed in accordance with the time schedule set forth in Exhibit C, entitled Schedule of Performance and coordinated through the City representative assigned to oversee the City's obligations under this Agreement. 4. DESCRIPTION OF WORK - During the Term of this Agreement, Delray Beach Wi-Fi is authorized and required to mount, install, operate, repair and maintain at Delray Beach Wi-Fi's sole cost and expense, equipment, radios and antennas, or such other comparable equipment. Subject to City's prior approval and all applicable Federal, State, and local ordinances, laws and regulations Delray Beach Wi-Fi may use City owned buildings and towers as each shall be individually approved by City; provided, however, the use is subject to current agreements the City has extended with other parties and any other lawful preexisting communications facilities and must not interfere with any public FTL:2153222:3 2 safety communications system, and the City's computer network. In addition, if required, the City agrees to cooperate with Delray Beach Wi-Fi's attempts to obtain pole mounting agreements with Palm Beach County, Florida Power and Light and any other entity with mounting assets required to deploy a network that meets the necessary standards. Notwithstanding anything to the contrary, the City shall have no obligation to obtain such rights from third parties for the benefit of Delray Wi-Fi. For the Term of this Agreement, Delray Beach Wi-Fi is authorized to use public rights of way owned by City for access to poles, buildings and towers as individually approved by the City to which communications equipment is or will be attached pursuant to this Agreement. Such access shall be twenty- four (24) hours per day, every day, subject to applicable restrictions and regulations relating to traffic, noise, public safety and other requirements. City agrees to reasonably cooperate with Delray Beach Wi-Fi without cost or obligation to City in obtaining all necessary permissions or permits required to facilitate the installation and maintenance of radios that require the use of right- of-ways that may be controlled by the County or State. Upon completion of each task, installation and phase of work to be performed under this Agreement, Delray Beach Wi-Fi shall promptly restore all work site areas to a clean and safe condition as described in the Statement of Work. City will cooperate with Delray Beach Wi-Fi to identify City-owned assets that may be utilized for the Network. If the City refuses to provide the necessary rights to City assets in any location without reasonable cause, then Delray Beach Wi-Fi will not be responsible to include coverage for such affected location. Delray Beach Wi-Fi's obligations to provide the Network and the Coverage Level are dependent upon Delray Beach Wi-Fi's obtaining the Underlying Rights from the City and Delray Beach Wi-Fi obtaining the necessary approvals from applicable third parties. If Delray Beach Wi-Fi is unable to obtain the Underlying Rights from third parties, including without limitation any pole attachment rights from any utility or other third party, then Delray Beach Wi-Fi's performance obligations may be reduced to the extent the Coverage Level cannot be obtained for a given location. However, in the event of any such reduction in coverage level, the City may declare a Default of this Agreement immediately upon written notice to Delray Beach Wi-Fi. Notwithstanding the foregoing, this Agreement shall in no way limit or interfere with apre-existing provider's rights nor the network owned and operated by the City. In addition, notwithstanding anything in this Agreement, nothing in this Agreement is intended to diminish Delray Beach Wi-Fi's rights to provide wireless broadband services apart from this Agreement under any state or federal law. 5. WORK SCHEDULE DELAYS - If City requests in writing for a delay in performance of the installation by Delray Beach Wi-Fi and its contractors then such delay shall not be unreasonable in length and all milestones and deadlines shall be extended by the same number of days as the number of days in the delay. 6. CHANGE IN SERVICES. If Delray Beach Wi-Fi intends to reduce services then, after reasonable prior notice to the City of Delray Beach Wi-Fi's intentions, City FTL:2153222:3 3 will either, (1) accept the proposed change in service on such terms and conditions as the parties find mutually agreeable in which case Exhibit F shall be revised appropriately and be substituted for the then current version of Exhibit F, (2) require that the then-existing service levels, to the extent not beyond the reasonable control of Delray Beach Wi-Fi, continue to be provided as contemplated in the then current version of the Exhibit F (Service Level Agreement), or (3) declare a Default of this Agreement. This Section 6 shall only apply to Material Changes of Service which shall require the consent of the City whose consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, Delray Beach Wi-Fi shall not be required to obtain consent from the City for any non Material Change of Services. The term "Material Change of Service" as used in this Section 6 means (1) a reduction in broadband Internet access bandwidth by Delray Beach Wi-Fi to speeds consistently below 512 Kbps or (2) a reduction in the coverage level as set forth in Exhibit C. 7. AVAILABILITY OF POWER -City and Delray Beach Wi-Fi acknowledge that the Network requires a 24 hour, reliable source of power. In the instances where the Network will be mounted on City assets, the City agrees to provide reasonable access to its power sources in a manner authorized by City where power is currently available. Notwithstanding the foregoing, City has no obligation under this Agreement to provide new power source to Delray Beach Wi-Fi. The cost of any and all power required by Delray Wi-Fi shall be the sole responsibility of Delray Wi-Fi. 8. SERVICE LEVEL AGREEMENT AND CUSTOMER SERVICE GUIDELINES. a. Delray Beach Wi-Fi shall perform in accordance with the Service Level Agreement ("SLA") set forth in Exhibit F. City will appoint a person with whom Delray Beach Wi-Fi will interact with respect to technical, maintenance and service issues with respect to this Agreement, including the Service Levels set forth in Exhibit F. Delray Beach Wi-Fi will provide the name and contact information for the project manager, regular status reports, and updates to the City in a manner to be determined. b. Delray Beach Wi-Fi further acknowledges the importance of quality customer service and ongoing Network monitoring and performance review. Delray Beach Wi-Fi thus shall make customer service representatives available 24 hours per day, 7 days per week and shall monitor Network performance and respond to customer service inquiries in accordance with the requirements set forth on Exhibit F-1. Delray Beach Wi-Fi shall further provide City with monthly summary reports outlining its compliance with each of the reporting metrics in accordance with the SLA attached as Exhibit F. 9. MARKETING COOPERATION -Delray Beach Wi-Fi will be responsible for marketing and administering the operations of the Network. City will cooperate, FTL:2153222:3 4 as determined by the City, in marketing, advertising and promotional plans, schedules and materials regarding the Network. City will appoint a person designated to work with Delray Beach Wi-Fi's designated marketing coordinator. 10. PERMITS. -Delray Beach Wi-Fi and City further agree as follows: a. Delray Beach Wi-Fi shall obtain, with City's reasonable assistance, all applicable permits, licenses, and authorizations as are required for Delray Beach Wi-Fi to comply with applicable laws, regulations and ordinances. b. In consideration for the free services provided to non-business users for a cumulative four (4) hours per day in the Free Service Zone subject to the restrictions under this Agreement, the City agrees to waive any and all permit fees charged by the City in connection with this Agreement. This waiver of permit fees shall not apply to regulatory fees or taxes. 11. WORK STANDARDS -Delray Beach Wi-Fi agrees to perform the Services in accordance with all applicable ordinances, laws and regulations, including all traffic laws and regulations (including, without limitation, those set forth as Florida DOT standards) and in accordance with the Plans and Specifications and Schedule of Performance. Delray Beach Wi-Fi will comply with applicable laws, ordinances and regulations. Delray Beach Wi-Fi will use commercially reasonable efforts to notify affected residents, property owners and businesses prior to commencement of work that can be reasonably anticipated to adversely affect the quiet enjoyment of their property. Delray Beach Wi-Fi acknowledges that City has made no warranties or representations regarding the fitness, safety, or suitability of any of City's property for the installation of Delray Beach Wi- Fi's equipment or for this Network and that any performance of work or costs incurred by Delray Beach Wi-Fi or provision of Services contemplated under this Agreement by Delray Beach Wi-Fi is at Delray Beach Wi-Fi's sole risk. Further, Delray Beach Wi-Fi's work under this Agreement will be fully in compliance with the requirements set forth in Exhibit G. 12. EMERGENCY/HURRICANE - In order to properly prepare for hurricanes or other emergencies, Delray Beach Wi-Fi and the City may form a working group within a reasonable period of time after the execution of this Agreement that will determine ways in which, if possible, the Network can be used to support the City. If feasible, and if expressly permitted by the City, the Network will utilize the City's alternative energy sources to ensure that the Network stays operational subject to prior approval which may be withheld in the City's sole and absolute discretion. 13. DIGITAL DIVIDE -The City wishes to utilize the Network to reach residents who may not be able to afford commercial high speed Internet access. Delray Beach Wi-Fi agrees to work with the City, the City's CRA and interested parties to establish a model program for the City that includes "ongoing training" (to FTL:2153222:3 5 those receiving free computers), computers and Internet access to families who fall below the federal poverty level with school-age children, in accordance with terms below. Such "ongoing training" shall at minimum consist of: (a) an introductory class conducted at a locatedion in the City within 10 days of installation, (b) followed by at least one class per year and (c) 24/7 telephone support throughout the Term of the Agreement. Additional training shall be provided by Delray Beach Wi-Fi upon the reasonable request of the City. Delray Beach Wi-Fi agrees to provide: a. 100 free, new; °°^~a~+~^~°'' computers; rcE6zxc rt~6nc ~E~rixpuc2~S~^v~i -c~"gack~3~~~'~~°c ~`? ~~: ~...:':...:'::~' containing at a minimum, a Windows OS, 512 MB RAM, and Pentium III processors when requested by the City provided wife service is available. For purposes of the foregoing commitment by Delray Beach Wi-Fi, the provision of computers shall also include the respective provision of monitors, printers, and required cabling; b. 200 households with free high speed Internet access at a minimum rate of 512 kbs ("Free Digital Divide Households") when requested by the City provided wife service is available; c. all households that fall below the federal poverty rate with school- age children, high speed Internet access, when requested by the City provided wife service is available, at a minimum rate of 512 kbs at a special rate of $9.99 per month for a minimum of a one-year period, with any increases thereafter limited to no more than 5% per annum, provided however, the group of households required to pay the special rate shall not include the Free Digital Divide Households referenced in subsection b. above, which are to receive free high speed Internet access. The families which are entitled to receive the free computers set forth in subsection a. above, and free Internet access set forth in subsection b. above, shall be selected by the City in its sole discretion and promptly communicated to Delray Beach Wi-Fi prior to the Free Service going active. The City and Delray Beach Wi-Fi will formulate a process of selecting families entitled to the Digital Divide special rate. Delray Beach Wi-Fi shall provide a report to the city monthly detailing the number of families taking advantage of the special rate. 14. REMOVAL OF EQUIPMENT -Unless City and Delray Beach Wi-Fi enter into an agreement that provides otherwise, upon the expiration, completion or earlier termination of the Term of this Agreement, Delray Beach Wi-Fi shall promptly, safely and carefully remove all equipment installed by Delray Beach Wi-Fi from all City property and return City property to the condition in which the property existed immediately prior to Delray Beach Wi-Fi's installation. Delray Beach Wi-Fi acknowledges and agrees that it bears all risk of loss or damage of its FTL:2153222:3 6 equipment and materials installed on City property or in City's public rights of way, except for damages arising from the negligence or wrongful acts of City or its employees, agents or contractors. The removal will be according to a mutually agreed schedule over a time period that shall not exceed two (2) months from the earlier of the expiration, completion or earlier termination of this Agreement, provided however, that the Parties shall work together to ensure a smooth transition of any affected customers on the Network. The foregoing notwithstanding, nothing in this Agreement is intended to modify or limit Delray Wi-Fi's rights to provide the Services pursuant to any applicable state of federal law or regulation. 15. RELOCATION OF NETWORK -City may from time to time require Delray Beach Wi-Fi to remove or relocate a Network element installed on City property, and at City's direction, remove or relocate the specified piece of equipment upon a request from City based on the specific configuration or re-configuration of the right of way or roads in the right of way, including for example a removal or relocation caused by widening of the road, provided that where a removal or relocation is required the City shall reasonably assist to locate a suitable alternative for Delray Beach Wi-Fi to re-locate the equipment of Delray Beach Wi-Fi, and Delray Beach Wi-Fi shall not be considered in Default of this Agreement or Service Levels to extent any customers are so affected by the removal or relocation of equipment. City shall notify Delray Beach Wi-Fi immediately of any Underlying Rights known to City related to the City owned assets that may interfere with the Network or Delray Beach Wi-Fi's obligations in connection with this Agreement. Upon the expiration, non-recognition or other termination of an Underlying Right of which the City has been given notice in writing that is necessary in order to grant, continue or maintain an Underlying Right required for any portion of the Network or provision of the Services, City will use its best efforts to notify Delray Beach Wi-Fi in writing. 16. PAYMENT OF TAXES -Subject to all provisions of this Agreement, Delray Beach Wi-Fi will pay all taxes, assessments and fees applicable to Delray Beach Wi-Fi's installation and operation of the Network. Delray Beach Wi-Fi will pay any and all taxes, assessments and fees which may be levied against Delray Beach Wi-Fi by any tax authority or other governmental or quasi-governmental authority. 17. INDEPENDENT CONTRACTOR - To the extent applicable, Delray Beach Wi- Fi, in the performance of the work and Services agreed to be performed pursuant to this Agreement, shall act as and be an independent contractor and not an agent or employee of City. Delray Beach Wi-Fi shall operate the Network as Delray Beach Wi-Fi determines, in its sole discretion, provided that such operation shall at all times be in accordance with the requirements of this Agreement. 18. FORCE MAJEURE -Neither Party shall be responsible for any of its obligations under this Agreement prevented or delayed by reasons which are not reasonably FTL:2153222:3 7 foreseeable, not reasonably avoidable, or otherwise outside the reasonable control of the Parties, including but not limited to Acts of God, floods, fires, hurricanes, tornadoes, earthquakes or other unavoidable casualty, acts of public enemy, insurrection, war, riot, sabotage, act of terrorism, epidemic, strike, freight embargoes, severe weather conditions, concealed and unknown conditions below the surface of the ground differing materially from those ordinarily encountered and generally recognized as inherent in construction work or which are not reflected on current maps or drawings of underground conditions, wrongful physical obstruction by any Person at any installation site, any law, order, regulation, direction, action, or request of the United States government or of any governmental, judicial, regulatory, or civil or military authority having jurisdiction over the Parties; national emergencies; or failure of any common carrier or third party facility not affiliated with Delray Beach Wi-Fi ("Force Majeure Event"). The time within which any obligation must be performed under the terms of this Agreement shall be extended for a reasonable period to be determined jointly by the City and Delray Beach Wi-Fi where timely performance is prevented due to a Force Majeure Event. Delray Beach Wi-Fi or the City shall promptly notify in writing the other Party of any Force Majeure event described in this Section and, in such notice, shall indicate the anticipated extent of such delay and shall indicate whether, and to what extent, if any, the delayed Party anticipates that such event shall affect the timely performance of such Party's obligations under this Agreement. 19. ASSIGNABILITY -Neither Party shall have the right to assign or otherwise transfer this Agreement, in whole or in part, without the prior, written consent of the other Parry which consent shall not be unreasonably withheld, conditioned or delayed, provided however, that after the Network is operating then Delray Beach Wi-Fi will be entitled to transfer the Network and its operations to entities in the future, provided the City determines in its sole and reasonable discretion that the transferee is sufficiently capitalized in order to perform the Services hereunder and will in the City's reasonable discretion be able to promptly provide services hereunder. Notwithstanding the foregoing, Delray Beach Wi-Fi may assign this Agreement as part of any financing arrangement, or otherwise in connection with a restructuring of Delray Beach Wi-Fi upon approval by the City, which approval shall not be unreasonably withheld, conditioned, or delayed, that the assignment is to an entity that can perform, has experience to perform, and the financial wherewithal to perform the Services hereunder to the reasonable satisfaction of the City. This Agreement shall be binding upon and inure to the benefit of the Parties and their successors and permitted assigns. In addition, Delray Beach Wi- Fi shall have the right to subcontract Services provided any and all such subcontractors are approved by the City prior to the commencement of work. 20. INDEMNIFICATION - As respects bodily injury, death, personal injury, or third-party property damage, Delray Beach Wi-Fi agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense FTL:2153222:3 g costs, or liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with Delray Beach Wi-Fi's (or Delray Beach Wi-Fi's contractors' or subcontractors', if any) (i) acts, errors, omissions, or unsafe acts, or (ii) work performed by, or on behalf of, Delray Beach Wi-Fi, relative to this Agreement; except for those Claims which arise out of the sole negligence or willful misconduct of City. As respects any damage or loss which does not arise out of bodily injury, death, personal injury, or third-party property damage, Delray Beach Wi-Fi agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with Delray Beach Wi-Fi's (or Delray Beach Wi-Fi's contractors' or subcontractors', if any) negligent or wrongful performance under this Agreement; except to the extent that such Claims arise out of the sole negligence of City. The obligations set forth in this Indemnification provision (i) shall be in effect without regard to whether or not City, Delray Beach Wi-Fi, or any other person maintains, or fails to maintain, insurance coverage, or aself-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement. Nothing herein shall prevent Delray Beach Wi-Fi's insurer(s) from satisfying Delray Beach Wi- Fi's obligations under this Section. This Section shall survive the termination of this Agreement. 21.OWNERSHIP Notwithstanding any provision of this Agreement or any attachment, in all circumstances, Delray Beach Wi-Fi shall retain title to the Network and each device and components thereof. No portion of the Network shall become a fixture unless Delray Beach Wi-Fi expressly agrees otherwise in writing. In no event shall City gain any ownership rights in or to the Network in whole or in part, pursuant to this Agreement or otherwise. In no event will City translate, modify, disassemble, or reverse engineer the Network or create derivative works based on any portion of the Network or the Design Control Documents or authorize others to do so. The Agreement in no way establishes any ownership rights in the City's network. 22. INSURANCE- Without limiting City's right to indemnification, it is agreed that Delray Beach Wi-Fi shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows: Workers' Compensation Insurance as required by State statutes and Employers Liability in an amount not less than $500,000 per occurrence. Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor's Liability (if applicable), in an amount not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) annual aggregate, written on an occurrence form, FTL:2153222:3 9 provided this coverage may be maintained by Delray Beach Wi-Fi combining primary and excess policies to meet these requirements. Comprehensive Automobile Liability Coverage including - as applicable - owned, non-owned and hired autos, in an amount not less than One Million Dollars ($1,000,000) per occurrence, combined single limit, provided this coverage may be maintained by Delray Beach Wi-Fi combining primary and excess policies to meet these requirements. City's Risk Manager is hereby authorized to reduce the requirements set forth herein in the event he/she determines that such reduction is in City's best interest. Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions: "This insurance policy shall not be cancelled until after thirty (30) days prior written notice has been given to the City Clerk, City in the event of cancellation for non-payment of premium." Each insurance policy required by this Agreement, except policies for Workers' Compensation, shall contain the following clauses or shall otherwise provide for the following conditions: "It is agreed that insurance provided by this policy shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City." "The City its officers, agents, employees, and representatives are added as additional insureds as respects the acts, omissions, operations, and activities of, or on behalf of, the named insured, in regard to products supplied, or work or services performed for, or under an agreement with the City." Prior to commencing any work under this Agreement, Delray Beach Wi-Fi shall deliver to City insurance certificates confirming the existence of the insurance required under this Agreement, including the applicable clauses and/or provisions referenced above. Also, within thirty (30) days of the execution date of this Agreement, Delray Beach Wi-Fi shall provide City (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation reasonably acceptable to City evidencing that the coverage, terms, and conditions set forth in the above- referenced clauses are otherwise provided for in said insurance policies. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by City, it shall be Delray Beach Wi-Fi's responsibility to see that City receives documentation acceptable to City which evidences that the individual signing said endorsements is indeed authorized to do so by the insurance company. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in the State of Florida and (ii) possessing an A. M. FTL:2153222:3 10 Best's rating of A-VII or higher, or (iii) otherwise acceptable to City, with prior written permission from City. Also, in the event that (i) a claim is filed against City, or its officers, employees, agents, or representatives, for which City believes, in good faith, there may be coverage under an insurance policy required by this Agreement, and (ii) City has tendered such claim to the insurer that issued such policy, and (iii) such insurer has not agreed, within ninety (90) days, to cover such claim, including defense and indemnity, without reservation, then City has the right to demand of Delray Beach Wi-Fi, and to receive within thirty (30) days, a copy of such insurance policy. In addition to other remedies City may have if Delray Beach Wi-Fi fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, declare a Default hereunder, until Delray Beach Wi-Fi demonstrates compliance with the requirements hereof. Exercise of any of the above remedies, however, in addition to other remedies City may have and is not the exclusive remedy for Delray Beach Wi-Fi's failure to maintain insurance or secure appropriate endorsements. Delray Beach Wi-Fi shall list the City as an additional insured under all of the insurance policies referenced in Section 22 herein. 23. GOVERNING LAW -This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without regard to the conflict of law provisions thereof. Any action brought relating to the interpretation or enforcement of this Agreement may be brought in any court located in Palm Beach County, Florida, unless otherwise required by law. 24. COMPLIANCE WITH LAWS -Delray Beach Wi-Fi and the City each agree to comply with all applicable laws, ordinances and regulations, including the recent Declaratory Ruling issued by the Federal Communications Commission, dated March 23, 2007, entitled In the Matter of Appropriate Regulatory Treatment for Broadband Access to the Internet Over Wireless Networks, WT Docket No. 07- 53, ("Wireless Broadband Order"), which among other things, declares wireless broadband Internet access services, which would include the Service, as Information Services pursuant to 47 U.S.C. § 153(20), preserves the applicability of 47 U.S.C. § 332(c)(7) regarding local zoning and land use decisions to wireless broadband information service providers that utilize the same infrastructure to provide personal wireless services, and determines that wireless broadband information services are jurisdictionally interstate. Notwithstanding any obligation or agreement made in this Agreement, each Party hereto agrees to comply with all requirements of the Wireless Broadband Order, and in all applicable law, and nothing in this Agreement is intended, nor shall be interpreted, to modify each of the respective Party's rights and obligations under the Wireless Broadband Order, or other applicable law. In addition, City agrees to facilitate the process of approvals by departments of City to ensure that the FTL:2153222:3 11 obtaining of such approvals in no way creates delays inconsistent with the implementation timeframes set forth in Exhibit C, and the Service Level Agreement in Exhibit F. 25. APPROVAL - If the approval or consent of any Party is required under this Agreement, such approval or consent may only be given in writing, and shall not be unreasonably withheld, conditioned or delayed. 26. MISCELLANEOUS -The failure of a Party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty. The headings preceding the text of articles and sections included in this Agreement and the headings to schedules attached to this Agreement are for convenience only and shall not be deemed part of this Agreement or be given any effect in interpreting this Agreement. Unless otherwise indicated, words describing the singular number shall include the plural and vice versa, and words denoting each gender shall include the other gender and words denoting natural persons shall include corporations and partnerships and vice versa. The use of the terms "including" or "includes" shall in all cases herein mean "including, without limitation" or "include, without limitation," respectively. Unless otherwise indicated, references to articles, sections, subsections or schedules shall refer to those portions of this Agreement. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting or causing any instrument to be drafted. 27. Intentionally Deleted. 28. RESERVATION OF RIGHTS -This Agreement grants Delray Beach Wi-Fi the non-exclusive right to use poles, buildings, towers, other assets identified by the City and rights-of--way owned by City in the manner provided herein, for the Services utilizing the Network during the Term and to mount approved devices as set forth in Exhibit D for use in connection with creating and maintaining the Network for the provision of the Services at the expense of Delray Beach Wi-Fi. In recognition of the considerable financial investment made to service the businesses and residents of the City and its commitment to provide discounted service to certain low income residents of the City, the City will grant to Delray Beach Wi-Fi the non-exclusive opportunity to provide the Services, including, without limitation, Internet connectivity and other communications services to the City, as requested by the City. The City will negotiate with Delray Beach Wi-Fi for services at the time the service is desired or requested provided, however, if the City determines in its sole discretion that such services are better performed FTL:2153222:3 12 by others for no reason or any reason, the City shall not be required to grant Delray Beach Wi Fi the privilege or right to provide such services. City may grant to any other Party during the Term the right to use of City poles, buildings, towers or other approved mounting assets for the provision of services competitive with the Services authorized by this Agreement, provided such third- party's mounting assets and services do not interfere with the Services. In the event City enters into a subsequent agreement with any other third party concerning offering Wi-Fi services to residents of the City ("Competitive Agreement") on or after the date hereof that has the effect of establishing rights or otherwise benefits in a manner more favorable in any respect (other than for build out) than the rights and benefits established in favor of Delray Beach Wi-Fi in this Agreement, then Delray Beach Wi-Fi shall submit to the City a request for modification of this Agreement to incorporate benefits and obligations comparable to those in the Competitive Agreement. Except as provided herein, City and Delray Beach Wi-Fi agree that nothing contained in or contemplated by this Agreement is intended to confer, convey, create or grant to Delray Beach Wi- Fi any perpetual real property interest in any City property or in any of City's public rights of way or easements. Nothing in this Agreement shall restrict Delray Beach Wi-Fi from providing the Services in all ways permitted by applicable law. The foregoing general reservation is not intended in any way to diminish Delray Beach Wi-Fi's obligations under the Service Level Agreement set forth on Exhibit F. 29. FREE SERVICE ZONE. City and Delray Beach Wi-Fi acknowledge and agree that a condition precedent for a Person to obtain password access necessary to utilize the Free Service offered in the Free Service Zone shall be the electronic or written acknowledgement and execution of a user access agreement in a form and content prepared by Delray Beach Wi-Fi in its sole and absolute discretion, which shall at a minimum include appropriate limitations of liability and indemnification protections for the benefit of Delray Beach Wi-Fi (the "User Services Agreement"). No Person shall be able to utilize the Free Service under this Agreement without the acknowledgement and execution of a User Services Agreement. Notwithstanding the foregoing, the City expressly reserves the right to review the User Service Agreement to ensure the Services described therein comply with this Agreement. 30. NO WARRANTIES -THE ONLY WARRANTIES CONCERNING THE SERVICES, SYSTEM AND OTHER DELIVERABLES PROVIDED UNDER THIS AGREEMENT ARE THOSE CONTAINED HEREIN, AND ARE MADE FOR THE BENEFIT OF CITY ONLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. DELRAY BEACH WI-FI ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS RELATED TO THE INTERNET; SECURITY-RELATED FEATURES OF THE SYSTEM AND/OR FTL:2153222:3 13 SERVICES CANNOT GUARANTEE COMPLETE SECURITY VIA THE INTERNET OR WIRELESS SERVICES AND DELRAY BEACH WI-FI SHALL NOT BE LIABLE FOR BREACHES OF SUCH SECURITY OR ANY OTHER RELATED WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, INTERNET FUNCTION AND/OR PERFORMANCE WARRANTIES. DELRAY BEACH WI-FI SHALL HAVE NO LIABILITY FOR THE CONDUCT OF SUBSCRIBERS USING OR ACCESSING THE SYSTEM OR SERVICES. 31. CONFIDENTIALITY -The City is bound by the State Public Records Act which provides for the mandatory disclosure of certain records to the public upon request. Any disclosure by the City pursuant to the Public Records Act shall be exempt from the provisions of this paragraph. The City shall not provide any trade secret that is exempt under the Public Records Act for so long as such information qualifies as a trade secret under applicable law and for three (3) years following the termination of this Agreement. 32. NOTICES -Any notice, request, instruction or other document to be given hereunder by a Party pursuant to this Agreement shall be in writing and shall be deemed to have been given: (a) when received if given in person or by courier or a courier service; (b) on the date of transmission if sent by, facsimile, email or other wire transmission; or (c) three (3) business days after being deposited in the U.S. mail, certified or registered mail, postage prepaid. If to City: City Clerk. with a copy to: City Manager If to Delray Beach Wi-Fi: With a copy to: FTL:2153222:3 14 or to such other individual or address as a Party may designate for itself by notice given as herein provided. 33. PRIOR AGREEMENTS AND AMENDMENTS -This Agreement, including all attachments hereto, constitutes the entire agreement between the Parties. Except as set forth herein, there are no promises, representations or understandings between the Parties of any kind or nature whatsoever. Modifications to this Agreement shall be valid only if provided in a separate writing signed by an authorized representative of each Party. 34. EFFECTIVE DATE AND AUTHORITY -This Agreement shall become effective as of the Effective Date of this Agreement upon the authorized execution on behalf of both Parties provided, however, this Agreement shall become effective only upon acceptance by the City as provided in the City's Charter and if signed by the Mayor of the City of Delray Beach. a. This Agreement and other agreements, easements, permits and leases between the Parties as contemplated in this Agreement must be agreed upon by both the City and Delray Beach Wi-Fi and fully authorized and signed on paper by both Parties within 90 days after the date of this Agreement. b. As of the Effective Date of this Agreement, City is not aware of any court actions, City Council ordinances or pending actions, civil actions, challenges, laws, regulations or claims asserted or threatened, that if successful, would result in Delray Beach Wi-Fi not having all of the rights to perform as described in this Agreement. If after 120 days after the effective date of this Agreement, the City or Delray Beach Wi-Fi determines that sufficient progress has not been made or the conditions above have not been satisfied, then either Party may immediately terminate this Agreement, subject to all applicable law, upon written notice to the other. If the Network for Free Service is not operational within 180 days from the Effective Date of this Agreement, the City has the option to immediately terminate this Agreement. 35. DISPUTE RESOLUTION PROCESS Prior to termination of this Agreement or any litigation occurring between the Parties, each party agrees to attempt to informally resolve their dispute by mediation between authorized representatives of each Party. Such mediation shall not be less than two (2) hours in duration, and the Parties shall each act in good faith in attempt to so resolve their dispute. Such costs of mediation shall be equally divided among Delray Beach Wi-Fi and the City. 36. Intentionally deleted. FTL:2153222:3 15 37. NETWORK UPGRADE. Delray Beach Wi-Fi shall upgrade the Network from time to time ~~ ~+~ ~°'° a;~°~°+~~~ ~~a at its sole expense in order to take advantage of technology improvements and to ensure that its service offerings and speeds of providing service are competitive in the consumer marketplace. The Parties note that one of Delray Beach Wi-Fi's vendors, Cisco Systems, routinely provides software upgrades; these will be installed timely by Delray Beach Wi-Fi as such upgrades become available, but in no event greater than 90 days after the date such upgrades are made available to Delray Beach Wi-Fi by Cisco Systems. Delray Beach Wi-Fi acknowledges that it is its intent to upgrade its system speeds as necessary to compete with similarly situated wireless broadband service providers in the market to ensure its end users have competitive product offerings, a ~ a n°~..,,., ~°°°i, ~xr, ~;~~ „i° ~,.°+;°~. Delray Beach Wi-Fi agrees that it shall upgrade the Network providing both (i) free high speed Internet Access to the Free Digital Divide Households, and (ii) Free Service in the Free Service Zone on the same basis as it upgrades its remaining Network. 38. DEFAULT/RIGHT TO CURE. In the event Delray Beach Wi-Fi fails to fulfill a material obligation under this Agreement within the time period otherwise provided herein ("Default"), and has received a written notice of Default from the City, then, within thirty (30) days of receipt of such notice, Delray Beach Wi-Fi shall cure such Default, provided however, if such Default is unable to be cured within such third (30) day period, and Delray Beach Wi-Fi is undertaking reasonable efforts to effectuate a prompt cure, then Delray Beach Wi-Fi shall be afforded a period of time, up to an additional thirty (30) days, to complete its cure. If Delray Beach Wi-Fi does not complete its cure in accordance with the foregoing, or to the extent otherwise permitted in this Agreement, City may immediately terminate this Agreement, provided however, that any such termination shall in no way affect Delray Beach Wi-Fi's ability to continue provide, or the manner in which it provides, its Services to users apart from this Agreement. 39. AGREEMENT WITH FLORIDA POWER AND LIGHT. The City and Delray Beach Wi-Fi agree and acknowledge that Delray Beach Wi-Fi shall negotiate and enter into the Pole Sharing Agreements directly with FPL. Within ninety (90) from the Effective Date of this Agreement, Delray Beach Wi-Fi shall provide the City with: (a) evidence that no assets owned by third parties are required for Delray Beach Wi-Fi to perform under this Agreement; or (b) fully executed Pole Sharing Agreements. In the event Delray Beach Wi-Fi is unable to satisfy the requirements under this Section 39, then the City has the right to terminate this Agreement immediately upon delivery of written notice to Delray Wi-Fi. Termination by the City pursuant to this Section 39 shall not be subject to Sections 35 and 38. [Remainder of Page Left Blank Intentionally.] FTL:2153222:3 16 IN WITNESS WHEREOF, the Parties acknowledge and accept the terms, conditions and obligations of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date. CITY By: _ Name: Title: DELRAY BEACH WIFI, LLC By: _ Name: Title: FTL:2153222:3 17 EXHIBITS EXHIBIT A: Definitions Defined terms not otherwise defined in this Agreement will have the meanings set forth below. a. "Commission" or "City Commission" means the City Council of City. b. "Deliverable(s)" means the work and result of the implementation, installation or consulting services that are provided to the City under this Agreement resulting in a component of the Network or the Services. c. "Delray Beach Wi-Fi" is a Delaware limited liability company whose majority owner is e-Path Communications, Inc. and whose minority owner is ATC International, Inc. d. "Design Control Documents" means the documents that describe the design of the Network and location of devices in the City that is mutually agreed upon by City and Delray Beach Wi-Fi. e. "Digital Divide" means the supplying of high speed internet access at a minimum rate of 512 kps. f. "Free Digital Divide Households" means those households entitled to receive free high speed Internet access in accordance with Section 13 of the Agreement. The Free Digital Divide Households are not subject to the Service restrictions applicable to the Free Service in the Free Service Zone as those terms are defined herein. g. "Free Service" means up to four (4) hours of free public access outdoors per day per user for high speed Internet access in the Free Service Zone. h. "Free Service Zone" means the Atlantic Avenue corridor which shall span three (3) blocks north and three (3) blocks south along Atlantic Avenue from I-95 to the ocean. i. "Material Change of Service" as used in Section 6 means (1) a reduction in broadband internet access bandwidth by Delray Beach Wi-Fi to speeds consistently below 512 Kbps or (2) a reduction in the coverage level as set forth in Exhibit C. j. "Party" means either of City or Delray Beach Wi-Fi. k. "Parties" means both City and Delray Beach Wi-Fi. FTL:2153222:3 18 1. "Person" means any individual natural person, firm, partnership, joint venture, entity, society, organization, club, association, trustee, trust, corporation, company or organization of any kind. m. "Services" means the voice, data, broadband, video and mobile communications and related products and services offered by Delray Beach Wi-Fi, including those described in any Statement of Work, including without limitation the Wireless Services made available to Subscribers, and the consulting, design, installation, implementation and maintenance services. n. "Schedule of Performance" means any event described in the Schedule of Performance Exhibit. o. "Subscribers" means any Person, that subscribes and pays for the Wireless Services provided pursuant to the Network. p. "Subscriber Access Agreement" means the agreement Delray Beach Wi-Fi requires Subscribers to accept or agree to in order to access and utilize the Services via the Network, a form of which is attached as Exhibit H. q. "Network" is defined on the first page of this Agreement, including the equipment installed by or on behalf of Delray Beach Wi-Fi in the City used to provide the Services described in this Agreement. r. "Underlying Rights" means all deeds, leases, easements, rights-of--way agreements, licenses, franchises, permits, grants and other rights, titles and interests that are necessary for the construction, installation, maintenance, operation, use or repair of the Network. s. "Users" means the individual computers authorized by a Subscriber to access or use the Wireless Services. t. "Wireless Services" means the services that enable communication through a wireless network using the Network without the need for cable or wire lines connecting the peripheral equipment to the Network. FTL:2153222:3 19 Exhibit B Network Description The Network shall consist of Wireless nodes, apoint-to-multipoint fixed wireless backhaul network and microwave point-to-point high capacity backhaul links and the Delray Beach Wi-Fi backbone POP and Internet backbone connectivity. The Wireless layer shall initially be in a point to point and mesh configuration and shall include up to 30 mesh Wireless router nodes per square mile which shall be compatible with standard 802.11 b/g networking devices. Nothing herein shall prevent Delray Beach Wi-Fi from upgrading the Network to include emerging industry standards and specifications to meet market demands. Delray Beach Wi-Fi shall specify use of 200 mW 802.11 b/g Wi-Fi equipment with 12 dBi high gain directional antenna in order to achieve indoor coverage. The point to multipoint backhaul connectivity shall include devices that operate in 5.7 GHz, 5.2 GHz, and 900 MHz unlicensed spectrum. Delray Beach Wi-Fi may utilize devices that operate in other unlicensed spectrum bands in order to meet the SLAs in Exhibit F and market demands, provided such use does not cause interference with any pre-existing users. FTL:2153222:3 20 Exhibit C-Schedule of Performance Delray Beach Wi-Fi shall 1) Complete construction of the Free Service in the Free Service Zone, which shall be operational within 180 days of the Effective Date of this Agreement; 2) Build, activate portion of City east of I95 - 60 days thereafter; 3) Build, activate portion of City that is west of I95 - 60 days thereafter. Free Service Delray Beach Wi-Fi shall offer Free Service outdoors only for up to 4 hours daily per user in the Free Service Zone, as designated in the Agreement. Users enjoying the Free Service shall receive minimum prescribed speeds of 512 kbs and an availability rate of not less 90%. It is Delray Beach Wi-Fi's intention to provide such users with the same quality and excellence in user experience and customer support as other users of the Network. FTL:2153222:3 21 EXHIBIT D -City-Owned Assets Delray Beach Wi-fi shall be entitled to use City-owned Assets, upon the prior approval of the City, as determined by the City in its sole discretion, and where there are no other conflicting uses. City-owned Assets are defined as City structures that are able to be used for installation of Wi-Fi equipment, including such things as buildings, poles, and retractable towers, but do not include any City network. If there is no asset available, whether a City-owned Asset or third-party asset, to which it is technically or economically feasible for Delray Beach Wi-Fi to attach, which is necessary for the provision of Free Service in the Free Service Zone, then Delray Beach Wi-Fi shall have no obligation to provide the Free Services in those areas where coverage is affected by Delray Beach Wi-Fi's inability to attach its equipment, without any liability or additional obligation to Delray Beach Wi-Fi. FTL:2153222:3 22 Exhibit F-Service Level Agreement If necessary, the Parties shall work together in good faith to develop and agree upon additional service level agreements as are reasonable and advisable. Such SLAs, if determined necessary, shall be finalized on a schedule to be agreed and appended to this Agreement by Delray Beach Wi-Fi and the City. Targeted SLAs for Wireless Broadband Network Operation CATEGORY DEFINITION SERVICE LEVEL MEASUREMENT Network Coverage FREE SERVICE ZONE Indoor coverage as 90% outdoor coverage measured on ground floor of building in a ALL OTHER AREAS room on outer edge of 70% indoor and outdoor building facing the coverage Access Point utilizing a 12 dBi high gain antenna and 200 mW CPE radio Network Reliability - The reliability of the 95%uptime Measure daily and Mesh Layer connection from the report monthly. Tool: Network Interface Remedy / Network Devices, such as mesh Management System Wi-Fi router nodes to Delray Beach Wi-Fi certified customer premises equipment (CPE) Network Reliability - The reliability of the 95 %uptime Measure daily and Backhaul connection from the report monthly. Tool: Network Interface Remedy / Network Devices, such as mesh Management System. Wi-Fi router nodes or Point to Multipoint Tower Access Point equipment, to the Delray Beach Wi-Fi System Facilities. Network Outages Not to exceed 4 Measure daily and continuous hours report weekly if exceeding the service level, otherwise reported monthly. Tool: Remedy / Network Mana ement S stem Wi-Fi Broadband 90% of outdoor Measure daily and Products Performance locations for FREE report monthly. Tool: Criteria SERVICE ZONE, and Remedy / Network 70% of outdoor and Mana ement S stem FTL:2153222:3 23 indoor locations for ALL OTHER AREAS within coverage area capable of achieving Minimum 1 Mbps upstream / 1 Mbps downstream connection. IP Address Pool Availability of IP <=70% utilization per Reported monthly. Addresses within pool or such lower designated IP Address utilization rate resulting pools from ARIN's allocation of IP addresses. Maintenance Mean Time to Response Critical <= 3 hours Measure daily and Major <= 6 hours report monthly. Minor <= 24 hours Critical: The condition 30 days advance impacts approximately notification for 10% of Service scheduled maintenance Subscribers. activity. Major: The condition impacts approximately 5% or more (up to Critical Level) Service Subscribers. Minor: The condition impacts less than 1% Service Subscribers. Customer Care Average Speed to 80% of all inbound calls Measure daily and Answer (ASA) Calls to Service Provider Tier report monthly. Tools: from Subscribers to 1 will be answered ACD Switch Reporting. Service Tier 1 Agents. within 180 seconds Note: All percentages and numbers of performance are subject to Force Majeure Reporting/ Right to Cure. Unless otherwise specified, all Service Levels referenced above shall be calculated and reported on a monthly basis. To the extent Delray Beach Wi-Fi is unable to meet the specified Service Level(s) during more than 25% of the applicable reporting period ("Minimum Performance Threshold"), then Delray Beach Wi-Fi shall cure such deficiency within 30 days of the last reporting period. If Delray Beach Wi-Fi is unable to cure such deficiency within the 30 day period, or if Delray Beach Wi-Fi fails to meet the Minimum Performance Threshold for a given Service Level during two (2) reporting periods (each reporting period is monthly) within any six (6) month period, then City may immediately terminate this Agreement upon written notice to Delray Beach Wi-Fi. The Service Level obligations of Delray Beach Wi-Fi, and the rights of City granted under this Section are fully subject to all Force Majeure Events and the provisions of Section 18 of the Agreement. FTL:2153222:3 24 EXHIBIT F-1 -- Continuous and Centralized Network monitoring/performance management and Customer Care Using WCS Software network managers design, control, and monitor wireless mesh networks from a centralized network operations center. With the WCS Software, administrators have a solution for RF prediction, policy provisioning, network optimization, troubleshooting, user tracking, security monitoring, and WLAN systems management. Graphical interfaces make wireless LAN deployment and operations simple and cost-effective. The NOC will have the tools to monitor all aspects of the System in real-time, with the tools that will be available to maintain the health of the System. Logs and Reports Pertinent information will be logged, such as who is connected to which node, the amount of traffic any client is transferring, System bandwidth utilization, failed login attempts, etc. • This information will be readily available to System management at all times. • Designated personnel will have access to reports and statistics on the entire System and its use. • Automated reporting is expected, outlining both the state of the equipment (operational and non-operational elements) as well as the full log of customer support issues (no connectivity, low signal, slow speed, blocked ports, etc.), component utilization. • Proactive Capacity Planning, Modeling, and Reporting - Overall System `health' - POP - Network Backhaul - Wireless Broadband Network - Service Models Use and Consumption Alarm and Error Management Support for error/fault prediction, prevention, and correction capabilities. The network devices will be able to send alarms to a central management station and monitoring personnel. Whenever possible, self-healing capabilities are highly desirable to keep the System running healthy. The solution is able to isolate defective components in order to keep the rest of the System operational. • Support for Simple Network Management Protocol (SNMP) industry standards. • Identify and remove abusive nodes and/or consumer • Rogue Access Point or Base Station • Denial of Service Attacks • Attempts to continuously capture/use excessive bandwidth • Failed and failing equipment FTL:2153222:3 25 Network administrators will use the Cisco Wireless Mesh Networking Solution with access to dynamic, system wide RF management, including a host of features for smooth wireless operations, such as dynamic channel assignment, transmit power control, and load balancing. A single graphical interface is used for system-wide policies, including VLANs, security, and QoS. Delray Beach Wi-Fi engineers can also use Cisco WCS Software to perform wireless mesh planning, configuration, and management. Using WCS Software network managers design, control, and monitor wireless mesh networks from a centralized network operations center. With the Cisco WCS Software, administrators have a solution for RF prediction, policy provisioning, network optimization, troubleshooting, user tracking, security monitoring, and WLAN systems management. NOC Operational Support Services The OSS will perform branded Tier 1 call center services in support of the Delray Beach Wireless Network. Call Center will accept inbound end-user telephone calls to the Call Center 24x7x365. Each customer will be provided with Call Center telephone number for use for end-user related calls. The Call Center provides Level 1 end-user related technical support and addresses customer service issues such as difficulty with sign-up, SSID configuration, log in difficulties and password resets. If the end-user has other questions or his or her questions are outside of the scope of the Call Center, the Call Center staff will direct end-users to the NOC to obtain their answers. Call Center calls will be logged with information on call center tickets including open and closed tickets as well as new user tickets. Best effort is made to resolve any customer concerns immediately. Guaranteed response time is within 6 hours for a residential client and 3 hours for a commercial client. Technical Support: Basic WiFi card driver help The Call Center will attempt to determine if the end-user has a working WiFi Card that is locating a Wireless Signal by using guidelines set for the most common types of WiFi Cards. SSID configuration The Call Center will verify what the correct SSID is for the location that an end user is accessing. The Call Center will attempt to verify that the end-user has the correct SSID set in their Network Connection, using a basic guideline developed for the most common operating systems, and the most common WiFi cards. FTL:2153222:3 26 Login difficulties The Call Center will review with the end-user the correct format for the username on the log in pages. The Call Center will attempt to verify that the correct settings are enabled in the end-user's browser, and verify that the end-user is not using security software that may be blocking access. Network outage notification The Call Center will email a notice to the network operator if they are unable to ascertain that a location is functioning. This notice will be sent via the system using the trouble ticket system and only after three instances have been received, by the Call Center, on the same issue from the same location. If a network operator is going to be taking a location offline or otherwise is aware of a location not functioning, it is their responsibility to contact Call Center of this outage. Location specific coverage issues The Call Center will verify the Location details of the Hotspot that the end-user is accessing, and will direct the end-user to any specific coverage Location that is listed on the providers directory. E-mail The Call Center will provide the end-user with the settings needed to send and receive email over a wireless connection using the most common email programs. If end-user has any other questions, hey will be directed to the network operator/service provider to obtain their answers. All end-user questions will be directed to the network operator/service provider via an email. Basic Support General questions regarding Service & Locations: The Call Center will answer general questions about how WiFi Service works. For example, "Do I need a wireless card" or "How do I use the service," or "Is my connection secure?" The Call Center will access the network operator/service provider's sign-up page to answer questions about service. The Call Center will also verify for the caller where service is available by accessing the directory. New account sign-up The Call Center will encourage the end-user to access the network operator's sign-up pages to create a new account. The Call Center will determine which sign-up pages to use based on the phone number dialed into by the end-user. The Call Center will only sign-up users that can get to the login page (either by re-direct or entering the direct URL), but are having problems with the sign-up process itself. Password changes The Call Center will reset a password on an existing end-user's account. Usage and roaming questions: FTL:2153222:3 27 The Call Center will relay any information that they have available to them via the Web Interface regarding the end-user's historical usage. If end-user has any other questions they will be directed to the network operator/service provider to obtain their answers. All end-user questions will be directed to the network operator/service provider via an email sent by the Call Center. Delray Beach Wi-Fi customer care is built from the ground up using service orientated architecture (SOA). Our 24/7/364 call center is United States based. Our customer care representatives have extensive training. They know the answers to our customers' requests and solutions occur quickly. Ease and speed, caring for and responding to our customer's questions, comments and concerns, is the company's high priority. When a customer concern cannot be answered in the initial call, the customer care representative will file a report with the System Administrator within 6 business hours. By way of example: when a member of our Customer Care team (call center) is unable to address the concern, ticket number will be issued and logged. Customer Care member will forward the ticket number to NOC Team and they will work with the client on resolving the issue and closing the ticket. Guaranteed response time is within 6 hours for residential and within 3 hours for a commercial client. Software solutions will be remedied through the Network Operating Center. Hardware issues will be handled on-site by the maintenance team. A service desk that acts proactively is critical to any business customer with e-services. Delray Beach Wi-Fi utilizes the Service Oriented Architecture (SOA) approach as our customer support and Fulfillment OSS standards to ensure prompt response and call tracking. Delray Beach Wi-fi utilizes a comprehensive, scalable IT service desk solution based on a unified configuration management foundation. We can easily streamline IT service processes as well as manage the IT service life cycle through comprehensive service level management capabilities. Built on ITIL principles and leveraging industry best practices, our process enables us to manage IT services and provide effective controls for our critical service support and service delivery processes. Features include: • Complete Help Desk Management solution handles end user calls as well as automated alerts and events from infrastructure management solutions • Comprehensive Change Management solution to control IT infrastructure change and improve service availability FTL:2153222:3 28 Exhibit G -Additional Work and Safety Requirements This Exhibit G contains minimum requirements and specifications governing use and occupancy of City's mounting assets or those of third parties. Delray Beach Wi-Fi's facilities shall be placed and maintained in accordance with the requirements and specifications of the rules and regulations of the Public Utilities Commission, including General Order No. 95 (G.O. 95), the National Electrical Code (NEC), the National Electrical Safety Code (N.E.S.C.), the rules and regulations of the Occupational Safety and Health Act (OSHA), all of which are incorporated by reference into this Exhibit G, and of any governing authority having jurisdiction over the subject matter. Where difference in specifications may exist, the more stringent shall apply. All requirements of the National Electrical Safety Code referred to in this Agreement shall mean the current edition of such code and shall include any additional requirements of any applicable Federal, State, County or Municipal Code or regulatory body, including the State Public Utilities Commission, with jurisdiction over City. Reference to either the Safety Code, or to N.E.S.C., have the same meaning. Upon completion of work, Delray Beach Wi-Fi shall remove all of its tools, unused materials, wire clippings, cable sheathing and any other similar matter. All of Delray Beach Wi-Fi's wiring, cables, equipment and facilities shall be firmly secured and supported to the satisfaction of City's authorized representative or applicable South Florida Building Code requirements. All of Delray Beach Wi-Fi's cables, equipment and facilities shall be plainly identified with a firmly affixed tag of a type and wording satisfactory to City. Delray Beach Wi-Fi shall require that all its work crews or any of its contractors and subcontractors: (i) are familiar with all power line rules, requirements, regulations, standards and guidelines under G.O. 95 and N.E.S.C.; (ii) survey the area in which work is to be performed before commencing such work and make a determination that the required work can be completed safely; (iii) survey the area in which work is to be performed before commencing work and make a determination that any electrical power lines are in conformance with G.O. 95 and N.E.S.C.; and (iv) proceed with such work only upon making such determinations. If the work crew determines that such work cannot proceed safely, or if such electrical power lines are not in compliance with either G.O. 95 or N.E.S.C., Delray Beach Wi-Fi shall immediately notify City of such condition, in detail, and shall not commence work at such location until so directed by City. It is understood and agreed by Delray Beach Wi-Fi that there is no instance in which it is safe or proper for a Delray Beach Wi-Fi worker (whether working for or on behalf of Delray Beach Wi- Fi), or a worker's equipment, to come into contact with the electrical current from an energized electrical power line. FTL:2153222:3 29 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: APRIL 27, 2007 SUBJECT: AGENDA ITEM # ~• ~ -REGULAR MEETING OF MAY 1.2007 APPOINTMENT TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Planning & Zoning Board. BACKGROUND Mr. Gary Eliopoulos submitted his resignation from the Planning & Zoning Board due to his election as a City Commissioner. The resignation letter is attached for your review. This creates a vacancy for one (1) regular member to serve an unexpired term ending August 31, 2008. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Christel Silver. Mr. Seabron Smith is registered to vote in Lake Worth. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) regular member to serve an unexpired term ending August 31, 2008. RECOMMENDATION Recommend appointment of one (1) regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2008. PLANNING & ZONING EXHIBIT "A" Ronald Brito Contractor-President Rick Corbin Business Owner-President/CEO Michael D'Addio Business Owner-Real Estate/President Maura Dersh-Wissekerke Project Manager (also applying for the Board of Construction Appeals) Joe Farkas Finance-Manager Bruce Gimmy Retail-Business Owner Sigurdur Hazdester Sales Executive (currently serving on the Board of Adjustment) James Houck Property Management (currently serving on the Boazd of Construction Appeals) Lynn Klein Finance-Executive Director Pearl Mazkfield Elrod Realtor (also applying for the Boazd of Construction Appeals) Eileen Marks Retired/Banking (currently serving on the Nuisance Abatement Board) Ralph Morse Retired/Photography Kenneth Peltzie Healthcare-Vice President Mel Pollack Security-Director (currently serving on the Board of Adjustment) Ria Santos Financial Consultant Jerome Sanzone Contractor/Building Official Cheryl Shaffner Real Estate Jeffrey Silberstein Architect Christel Silver Real Estate Seabron Smith Executive Director Thomas Stanley Attorney PLANNING AND ZONING BOARD 04/07 TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31 /2008 Deborah Dowd Educator Office: 304-4214 Appt08/15/06 7 NE 16~' Court Home: 276-3991 Delra Beach, FL 33444 08/31 /2008 Paul Zacks, Vice Chair Attorney Office: 355-7396 Unexp Appt o2/oi/os 748 Place Chateau Home: 498-2298 Reappt08/15/06 Delray Beach, FL 33455 Cell: 307-3583 Fax: 355-7193 08/31 /2008 Joseph Pike Business Owner/ Office: 274-6500 Appt 08/15/06 315 Lake Eden Way Engineer/Environ Home: 243-0060 Delray Beach, FL 33444 mental Assessor Cell: 706-6360 Fax: 274-8558 08/31 /2007 Mark Krall, Chair Attorney Office: 276-7424 Appt 12/04/01 unexp 1405 S Federal Hwy #141 Home: 330-0215 Reappt07/22/03 Reappt 09/06/05 Delray Beach, FL 33483 Fax: 278-6909 08/31/2008 Unexp Appt Vacant 08/31 /2007 Francisco Perez-Azua Architect Office: 279-2006 Unexp Appt 04/17/07 4415 Regal Court Home: 702-0028 Delray Beach, FL 33445 Cell: 279-2006 Fax: 279-2801 08/31 /2007 Charles Halberg General Contractor Office: 498-1112 Appt 09/06/05 4870 S. Classical Blvd. Home: 637-0136 Dekay Beach, FL 33445 Cell: 441-2990 Fax: 499-2814 Contact: Denise Valek, x-7041 S/City Clerlc/Board 07/Planning & Zoning Fk~:~h1 TH~~; ,rii~ 1; _iiCir', ~ ~ ~,~,/:=:T. ~ : ~~~/hl~:. r:: i ~i~~~t r,:~ f' - v,.1~r Vo nLL vo: a4 r!L.i aol J~ r; 1.~1~1~Y t;l.t:l(!1 1QJ 00? utUtwY BFr-cH R,EC~w EQ ~~ CITY OF DELRAY BEACH ~~~ 1 3 2p~6 ~ ~ ~~~~ ® 6OARD MEMBER APPk[CAT~Y G `i 993 2007 7 Please TVDC or nnnt the FA~lnmino inFi~.~rr.n~:~r.. / ~2 ~~ 1. Last Name: . ~f 1 ~p L.-~ Name ~D h Qi OC- V V bi.1- .'.. Home Address: 1 9 S ~E Z.`7~- ~1v~ Gty 80 ,'1}01 BecL~l~ State ~~ Zip Code 3 3 3. T..egal Residence: City State Zip Codt Sa rn -~ 4. Principal Business llddrrss: City State 'Lip Code ZSSq ulebb AVe ~z - Delray $~. ~ ~="~ 33~~~ 5. Home Phone: Business, Phone: E-Mail Address: Cell Pbonc; Faa: 5foi- 73~- $$ZS ~(01-~279-03~i euworl~ ®cwl. s~l-3so -orb b. D_au of Birth 7. Arc you a registered votes? If so, where arc you registered? - z - ~ ~ yes ~ &?y~,t>'~, 8e4 ~ , ~~ S. What Board(s) aze yon inrerestcd in serving? Phase list in order of preference: ~-} ! S'f o r i C ~. ~ F~~ eSCY etc. '{'t' D~ boa ~- oC.- ~~~'~ fZ 9. List all Cirg 23ouds on ~hi<}i you are currently sarviag or havcpt~viouslp served (Please include dues) C r Soar o l - o0o Zoo 2.. lo. Ldu~tion~l q~cnQ~~: r S 1.1. List any related professional ctrti5cations anti liuasc, which yriu hold: CdG-o~F?3rv Florida 3$ `1 ~ Cali rn,'a•., of 3~2 U•5• l/~r :n.ls ~ltl 3 air e C~eh o.~Q.. Con-h`~c,c~ r- 1 ~~e hs~ s 12. Crive your present, or most recent employer. and position: r r r r G• rG +e t 13. Describe expc:cnccs, slalLt of knowledge which qualify you w serve on this board: (Pleue attach a brief resume ~ ~' r G~ ~.cG r'O J nG~ n rt C eYG 1 Q~ ans( res:den+,'a,l Did ~~ re~~a.}~~o.-- of San~fowic~ ~la}yre. Ceh.},~r u5. Yarlo~s res+'den-~--'~t- ~Cs~-or~~l-i'on5 I eseby cesvfy that all the above sratemen a .true, and I agru and understand that any misstatrancpt of muetial fans contained in this application cause feintre upon my pare of any appoinm~ent I ma receive. c--- r 7 ~ s SIGNATVRfi DA ~~ tvv~c_ i ins aYYycavon will rPmalr~ on rue IA uie ury ueus s vtt~ce for a penod of 2 years from the date it was submitted. It w~11 b~ the applirsn{s =esponsibiliry to ensure that a current application. is on 6)e. tlar 29 04 04:03p Enterprise Contractors [5611279--0335 p.3 RON BRITO, GENERAL CONTRACTOR 198 S.E. 27't' Avenue Boynton Beach, Florida (561) 441-1767 WORK HISTORY: 1965 -1979 Fourteen years as a .framing and finish carpenter in Riverside, San Bernardino and Laguna Beach, California. Production framing on several multi family complexes, housing tracts, and high quality custom finish work Seven years as Carpenter, twu years as Leadman, frve years as Foreman on new residential and commercial projects, as well as renovations and remodeling. 1979 -1983 LICENSED BUILDING CONTRACTOR /CALIFORNIA Lic. B-388997 Spent five years subeonh•aeting and running framing siding, trussing, floor jointing, and stair installation on multi family complexes from large contractors. During this time, I contracted new single family homes, additions, remodeling, commercial roofing, and commercial tenant improvements. 1983 - 1985 Job Superintendent on .custom housing in the Nashville, Tennessee area for one year. Subcontracting framing, trussing, and siding jobs for the next two years. 1986 =.1989 LICENSED GENERAL COIVTRACTOR/FLORIDA Lic. CGC 047369 Worked at "The Township " as Punch-out Foreman for one year. Worked for David Jones Construction ut Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32 eight Alex wood frame multi family units. Worked for Davis Brothers as St~perinfendent on Brighton Lakes in Boynton Beach, building 36 wood frame duplexes. Constructed custom housing from Munnlapan to St. Andrews, Boca Raton. Received General Contractor's License in February 1989. 1989 -1991 LICENSED GENERAL CONTRACTOR/U.S. VIRGINISLANDS Lic. 2-01392-92 Traveled to St. Croix after Hurricune Hugo- for S days to bring. supplies and help restore power and water to units of condominir~ms fora friend Agreed to come back to restore two houses. Restored fourteen residences, two commercial buildings and six rental units. Also completed work in St_ Thomas and Sr. John on custom- homes. Acquired General Contractor's License in Jhe Vrgin Islands in February 1990. Returned to Florida in July of 1991 and began new additions and remodeling projects. After Hurricane Andrew, I opened a fteld office in Miami for restoration work My Miami oj~ce completed 16 residential restorations and about 3 2 ruufing projects. I'lar ~a u4 u4: u:ip enterprise ~:ontractors 15b11 ~'/5-U~~S p.4 RON BRITO, GENERAL CONTRACTOR Page 2 1992 -1993 Was nsked to take over operations of Fallurv Construction as General Mgr. and to qualify the company. Falkav Construction was, at that time, under contract with the City of Delray Beach for the new Tennis Center (2_S million-dollar contract) and wns engaged in school projects for districts from Lake Worth to Miami-Dade County_ Although, after a thorough research, I decided not to qualify Fallurv, I brought the Delray Tennis Center to substantial completion in time for the Virginia Slim Tournament, and all of the school jobs were irr line. 1994 -present Owner and President, Enterprise Contractors, Inc. Enterprise has completed many local residential and commercial projects since it 's inception, including new construction, additions, remodeding and historical renovations (such as the Sandoway House Nature Center in Delray Beach). In August 1995, I was appointed to the Construction Board of Appeals in Delray Beach,. and I was the Board's Director fora 2 year term. I'm still serving on the Board for 2003 to 2005 PERSONAL HISTORY: I am 57 years olc~ married, and have four children. I have two years of college, majoring in Business Management. 1 am an active member of my church (SDA), where I have been n Deacon for I4 years and am currently a Sabbath school teacher for. young adults. I also sit on .the Church's Building Committee. 1 own a home in Boynton Beach, where my family has lived for 19 years, and I am a member of the Architectural Review Board for the Vernon Heights Property Owners' Association. I am also a I8 year rnerimber of A.A. and am active on several committees. Tennis, surf ng and jogging are my favorite pastimes 1993 .2001 CITY OF DELRAY BEACH ~,a-ors BOARD MEMBER APPLICATE~v~~ Please tune nr print the fnllnwinv information- w` 2 ~ 2005 _ ..rv ~-~ ERK 1. Last Name: CORBIN Name RICK M.I. 2, Home Address: 719 FOXPOINTE CIRCLE City DELRAY BEACH State FL Zip Code 33445 3. Legal Residence: City State Zip Code 719 FOXPOINTE CIRCLE DELRAY BEACH FL 33445 4. Principal Business Address: City State Zip Code 6U1 NORTH CONGESS AVE, SUITE 434 DELRAY BEACH FL 33445 5. Home Phone: ~ Business Phone: E-Mail Address: ~ Cell Phone.: fax: 561-381-1047 561-272-1027 RICK@THECORBINGROUP.COM 561-866-2321 561-272-2675 6. Are you a registered voter? YES If so, where arc you registered? DELRAY BEACH 7. What Board(s) are you interested in serving? Please list in order of preference: PLANNING & ZONING BOARD 18. List all City Boards on which you are currently serving or have previously served: ( lease ixtelude dates) NONE 9. Educational qualifications: CHARTERED FINANCIAL CONSULTANT 10. List any related professional certifications and licenses which you hold: NONE 11. Give your present, or most recent employer, and position; THE CORBIN GROUP, PRESIDENT/CEO 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) I OWN AN EXECUTIVE BUSINESS COACHING ORGANIZATION WITH CLIENTS WORLDWIDE. FUNDAMENTAL TO RUNNING AN EFFECTIVE BUSINESS IS DEVELOPING AN EFFECTIVE PLAN I BELIEVE MY SKILL SET AND EXPERIENCE WILL BE AN ASSET TO THE BOARD AND I WISH TO CONTRIBUTE TO THE CITY IN WHICH I LIVE AND WORK. hereby certify that all the above statements are true and 1 agree and understand that any misstatement of material facts ontained in this application may cause forfeiture upon my part of any appointment I may receive. SIGNATURE - DATE ,.- ~~~ Q.:S DELRAY ~B ivote: ims appt3c ion will remain ot~e in the C:~ty (:terk's Ufttce for-akperiod of Z years from the date it was submitted. It will be the applic nt's responsibility to ensure that a current applicatiou;%~:on file. S\Cr[Y\BOAM APPLIGIlON ~ ~ 7-~ thecorbingroup moking the best koders even 6erter. July 15, 2005 City Clerk's Department 1.00 NW 1st Street Delray Beach, FL 33444 Board Member Application Dear sirlmadam :~.~~/~ 4 www thecoYbingroupcom Congress Commerce Center 601 N. Congress Avenue. Suite 434 Delray Beach, F! 33445 tel 561272.1027 fax 561272.2675 Please find enclosed an applicationto be considered for the-Board Member Position for the Planning and Zoning Department for the City of Delray Beach: If you would like any additional information please contact me at your convenience. Regar iN,v w Ric and P Corbi President I CEO Enc. City of Delray Beach Board Member Application. Rick Corbin's passion for coaching began almost 30 years ago. After. serving honorably in the United States Marine Corps for eight years with a tour in Southeast Asia, Rick attended Northwest Missouri State University. Rick earned his certification as a Chartered Financial Consultant, launching a distinguished 23-year career as a Registered 7nvestmentAdvisor in the financial services industry.' Rick's success as a Financial Planner was a direct result of his ability to eoach~senior level executives and entrepreneurs and was a prelude to the establishment of The Corbin Group. Rick's methodology and coaching style generated bottom line results for his financial planning clients and created the opportunity for-them to live the life they dreamed. His effectiveness earned him an expansive financial client base, a distinguished reputation, and a listing in Who's Who in Finance and Industry. In the early'90s and in response,to the increasing~demand for his coaching expertise, Rick transitioned from financial planning to full-time coaching, launching The Corbin Group, an organization dedicated exclusively to providing executive business coaching to owners, presidents and senior level executives. Rick's former customers became clients and shared their successes and breakthroughs with their colleagues. Rick's vision of providing a unique and effective curriculum of seminars, workshops, courses and individual coaching has been realized and continues to evolve. ~,~ ~~~ -,;; thecorbingroup DELRAY BEACH ~ RE~~~~E~ ~ ~ CITY OF DELRAY BEACH JAN 19 201 ® BOARD MEMBER APPLICATION TY G~~~~ 1993 G` 2007 Please type or print the following information: ~~9/9 1. Last Name: D ~ 0 ~ ; Q Name M ` ^ ~~~ ~ ~ 1 ~ t rJ L 2. Home Address- (.~ S ~U C~' 3. Legal Residence: ~~'IM~ City IJ~I~~-. ~ City Stake- State Zi e Zip Code 4. Principal Business Address: 5~-~ ~ City State Zip Code 5. Home Phone: Sol Business Phone: E-Mail Address: r`fI t l DAdd.o Cell Phone~~3 .Colic Fax: 6. Date of Birth ~ ~ 1 FS ~ 7. Are you a registered voter? If so, where are you registered? -~t~~ ~ fCc.`~ ~~l ~- 8. What Board(s) are you interested in serving? Please list in order of preference: N~ 'u 9. List all City Bor(ds on which you are currently serving or have previously served: (Please include dates) . . 10. Educational qualifications: S S-k~.. ~ o~'CjQ,. - 11. List any related professional certifications and licenses which you hold: - e -~u~!-e_ r . 12. Give your present, or most recent employer, and position: ~ ~ C e ti 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ' ,erJ.3- ( ,~ . 'N I hereby certify that ail the above statements are true, and I agree and understand that any misstatement of material facts contained in this a n may cause forfeiture upon my part of any appointment I may receive. /~ R~b ~ SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibt7ity to ensure that a current application is on file. UELRAY BEACH l V n an-anerica City ~ r ,xv 1993 2007 c~~-~r of BOARD ME Please type or print the tollowin~ infr)m~ation: Post-it° Fix Note 7671 r~,.;pc:Nt. Faz # ~-Y ~ 1. bast N:une: dERSId-wISSFKERI:E Name Maurer ~ Di. I. ,7 m 2. HULIlt SEd /t~s Ave Apt 1F11 tv CID'elraY Beach p~~ Z~4(~.~oc4e 3. J,e~al Rcsidcncc: same City ~ State Dili Cods ~F. Principal Business Address: Gallo Architects & DevelopmenC Company 1311 Newport Center C1r, W City Deerfield Beach State F1 Zip Code 334QZ 5. Houle ['hone: 561-278.8999 Rusincss Phc>nt: -954.794.0300 L-Maill~dcltess: Ccil Phc~nc: Maurajw@aol.com 954.461.6623 Nak: 954.794.0301 6. Date of fiirth 2 April 60 7. Arc you a rcgisttred vote? !f sq whcrc arc you re~tered? yes $, VL'hat Board(s) arc you inccrestcd in serving? Please list in order of prefercncc: Plaruiixig & Zoning, DownLOUtn Development Authority construction bel of Appeals T.ist. all (:iry- Boards on which yoci aIC cuttcntly Serving sir have previously served: (Plca~c includz dates) H~eter~c Preservcat on Baar -7,006 ? 10. F,ducational qualifications: Bac o aer of Arch~.tecture 11. ~„ist any rclatcd profcssion~tl certiticadons and.liccnscs which y<iu hold: 1?. Give our present, c>r most recent employer, and position: a11o.Architacts & Davelopment Comp, 1311 Newport: Center DR Deerfield Beach Project Manager , 13..Dcscribe experiences, skills or L:nowkdfic which qualify ynu to stns rni etas board: (Plcast attach a brief resume) I have been in aspects of ArchlCeccure for over 20yrs_ I have lived and or worked in Dalray sicr, & zoninrl codes I heteby ccrofy chat aU the above seaceuien~a arc trot, and I agree and understand that any trusstatcmcnt of material facts conminad in rhis a~pfi ~ ti n may use forfeiture upon my part of any appnintmcnt 1 may rcccivc. ~ nn :SfGNATIJRE ~ ~~~`t- ~- t)AT~ Noce: This application will remain on file u~ the City Clerk's Uffice for a period of 2 years from the date it was subulicted. !t will be the applicant's respansibiliry to ensure d,at a currcnc application is on file. ~~~,~~ MAURA J. DERSH-WISSEKE1Et>~ 34 SE 7';" Avcvae Apt#I1 Delray Beacfi F1334$3 56i-27R 8999 C[?ll.; 303-393.0329 FiMAIft M9U12AJW~AOL.COM PROFESSIONAL EXPERjEN~= Diverse experi~oe in all aspects of Design and Project managemem, from initial program review tluovgh preparation of punchlist ~ • Match 2001-Present- Robert G Carrie Partnerohip, Delray Beach, Florida Project. Manager llesponsi~ble for all aspects of projacrr • Site and building design including applicable oodc research • Co-ordination with clients, consultants and contraaors • Production of wntract documents and specific~itons • Construction adniistration Projects: St Andrews Cotu~try Club, Duvall Place Condiiniumums, Village Grande Condiuriumums, Lanni Fire. Station #2, Delray Playha>S~Childrens Theatre .lone 1998- January 2001-THOMAS POPE, YA., Kty V1lest, Florida • Pmjert Arehitext Projects: Hyatt Key Wester, U20 Southard Sheet; Bryan Residence Tnitnan Anne Hendrick Residence 901 Flag~er, Woods Residence, Powell Point Bahamas, Radisson Hotel. September 1991May 1998- WYLAND AR'i GALLERY, Key West Florida Art Consultant/Saiesperson Assisted •manager with training October ] 995-April 1997- LIZ CLAIBOIRNE Inc., Ne++v York City, New Yotic Senior Project Designer/Ivfanagcr Corporate Responstbiliiy for all o~tc~. showrooms & special projects October 1991-Scpternbcr 1995- LIZ CI.AIBO>btNE Inc., Ncw York City New York Yt~potisrlsle for New York City and Regional offices, showrooms, oil'wes 8t special projects Helped to developed deparTZncsit CrCated drawing standards and files using Autocad Projects: Atlanta Apparel Mart Showrooms and offices, New JcrFCy retail offia~ Corporate retail display Prescntation_ New York Showrooms ated offices for Villager, Crazy Horse, Dresses and Collection Studio April 1985-September 1991-Designers Fore Ltd., Ne~v York City, I~Tew York May 1984-March 1985- Met3ky & Zuckerman, Verotra, New Jersey June 1983 May 1984- JS Randolph Associates, Hackensack, New Jc:sey Edocation_ New Jerzy School of Arzhitecoute ~ NCE. Ncwarly New J~rsc~.y 1983-Bachelor of Architecture Ccrtificatcs for lES for Coinrnercial & Indinsst7ial Lighting RCS Building Code ltispoctor- lat2 Famt~y dwellings Sub-code Official- 1Bt2 Fa~iily Dwellings New York Biuldin~ Code Cotnpliatice ADA Compliance £d b1HcS:36 £FiFi~ t%~ '~N t`3i3 £t%~ i9~ 'ON ~OHd dI1~Jl'c1Hd ~I~~ 'J 1283021 1J021d • a o ~ a • - ~ CITY OF DELRAY BEACH ~- ® BOARD MEMBER APPLICATION 1993 2001 Please type. or print the following information: ~/~% ~~~ 1. Last Name: Name ~-- ivL L Z H ~ e Address: ~ -T.u ~ - City ~~ State ~ ~ Zip Code 33y. s -- 3. Residence: City State Zip Code .4. Principal usiness Address: 3~~ Gam'/-~-sT ~-r~~-T:~ .~+~~ D~L~- ~~.~- ~~ 3 ti City D ~ 7' c ~~~ State ~ i-~- - Zip Code 3-~Y~3 5. Home phone: / 7~ Business Phone: / a y' ~~~~ Ulviail Address: e c o _ wG~'T Cell Phone: ~ /~7! 76.5/.. Fay 6. Are you a registered voter? If so, where are you registered? ?. What Board(s).are you interested in serving? Please list in order of preference: ~p /D D ~~ Y~ - 8. List all city Boards on which you are arrrently serving of have previously served: (Please include dates) 9. Educational qualifications: ~ . ' rs...G 10. List any related professional certifications and licenses which you hold 11. Give your present, or most recent employer, and position - - u.~ h-,~, ~- - 12 Describe experiences, skills or kaowledge~which qualify you to serve on this board: (Please attach a brief resume) _ C~ ~ E~1~ i /~~. SQ/L~c~S oc~ ~ ~G/ ~~ ~' o O ~~ t/ ceJs~~ t L.~02 ~ /4' Si~-~c e ~ ~~~ ~v ~e ~~,.- ~ .Ye - ~ ~. ~7 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. . (lam /~ -~ ~ c7~S- SI TURF DATE ~..~te: This application will remain on file in they City Clerl~s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensuie~ that a current application is on file. . ~ nox ..a, ~~ ~~ u~•~a~nu riuin-nn~ninblulr MuIUAI +56168985D6 T-1 H2 P.03/03 f-BD9 JaIE J. PARKAS - 7 37 Northwest 37th Avenue Delray Beach, Florida 33445 (561) 499-4;78 Cell: (561) 27'1-7651 OB.lECTIVE :seeking Managemenf position with growth oriented organization where my stalls and Experience can be utilizE:d. SUMMARY OF QUALIFICATIONS- .Professional offerinc, exceptional manatlerial, organizational and motivational experience in finance industry Proficient in coordination and implementation of multi task responsibilities • Excellent communication and public relation skills w'Ith strong emphasis on customer satisfaction •- NOSS6SS nigh WOnC etnlC.wllh veisdUllty a~iv Nciacveranca •- Experience in traininc and motivating sales and service representatives •- Continuously exceed:~ goals - •• Productive in effective; time management to ensure schedules are met •• Effective team player and proven troubiesh~~oter EXPERIENCE 11100 -Present 'WASHINGTON MUTUp.L BANK, West Palm 13each, Florida Asst. Vice. President / ~clnancia! Center Manager -• Hire, train and motivate staff of 15 to become effective bankers -- Attained mortgage ar~d consumer loan gror~rth of 125% to 175% ~- Develop and maintain positive business relationships and community contacts ~• Realized 100% goal ~3ttainment far the pasr, four years .1 1192 - 1 1104 .~MTRUST BANK, Boc~~ .Raton, Florida .:.oan Officer (3197 - 11/00) - Processed loans from origination to closinc_I - Produced $19 million. in mortgages during one 12-month period - Underwrote and approved authority for equity loans up to $250.000 l3ranch Manager (6/93 - 3/97) - Managed staff of 21 in sales and operations of $500 million branch ({argest branch in system nationwide) - Provided high customer service levels e~~lphasizing problem cesotution and staff development Loan O>~cer (7 1192 - 6/93) Solicited builders. developers and realtors to originate loans Generated $15 miAian in mortgage from 1'192 to-6/93 4185 - 10/92 CALIFORNIA FEDERAL SAVINGS 8~ LOAN Branch Manager Created customer a~~rareness by developing and implementing marketing programs and soliciting outsides business Branch consistently:achieved over 1a0% ct producaDn gcals GVVVA~~V I• v•.ir ~Ta-7wi:1. 'v ~' vv::::. ~' :.:. ~..~. ~, ;n:. a- 4'e~- -...:q:_~ . .., RachPlnr of Business Administration v fit, ;::, . •' ~ ~.. 01/18/07 TEIt 1:48 FAI d8124J '4 CI1Y C1.fiRH 1009 •':°~ RECEIVEC~ CITY OF DELRAY BEACH JAN 1 ~ 2001 1 ® BOARD. MEIIIIBER APPLICATlONCITY CLERK i99$ ~9 ZOO, ~// ~~ P1eau ruse or nrlnt the follovir~ iaformndon: 1. I~st N , - ~~ Name ~C'1,~~ ~ M. I 2 Home ~ " G~i"'t.. U~~. ~ty~~iC /1 l '~ 3. T.cgal Realden / . t.Rn,~_ Ciey State ?.ip-Code 4_ Prlnd us ea .- ~ Zip 5. Home oae: Bu ass P ona ~ ~ .~~ C Phone: 17ax: 6. Date f firth ~ , 7_ A=e you a egiatrsed voter? If so, where are you reg~sttred? /J~ 7 ~~,;~ ~. _ .P j ~~~~~tn ~ .' 8. ~Whst Boaed(a) sse you iaceceaced in senir,g? Please list ~n otdec of praCet~nce: _ 9. Llsc nlL Cry on which yiOU ane cutt~sdr nc lia.rc pbevioua) ~ (Please include dsecs) . _ 10. I3dut~rloail gaati9atloasi/'' : ~ , 1 t. Y.iet ~ related pcofessioaal Berri flcadone and iicrnees which you hold: iZ Cave your pmt, or moat scccat employee, and posidoa: Owe ~- ~- ~ ~~ - - - t3. Doecibo uperit~noee, sldll~ or knomkdge vvhic6 qualifp you m xtve oa this board: (Please stta+ch s brLef trauma) ~ _. ~x~l ~ ~~~ I ihss *11 the Above ~ d ere and I a~coe aad undecs due nay sni9. eat o maaerial fats spplleadoa may ~u9e focfdaut upon my part of aay appoinrst-mc I p a C~ DA?S• awc~ •n~s appu.,auvu wui i~aun vn put ~n me l.i~/ l.4GilC6 VtttQ ~r a pcnpd of L yt~.es tl+aa'1 thG daft ItwaS submitted. It w71 be the applicant's tcsponaib~ity to esauz'e that a tutitat application is on file. DEIR/1Y BFACH ~ CITY OF DELRAY BEACH - ;~, BOARD MEMBER- APPLICATION JAN ~ 6 2007 z~~ ~ RK CI Y /,C Plcasc t • x c,r •rinl the G.,11%r~in ~ int _,rtu:lu~al: ~ ~Y _ r1.~1----•- -- ~ .. _ 1. last I*larru•: y Namr -- ---- - - - ~ . 1, I-~ 1~ Y~ ~ = T~ ~? - Jt:1tr %ip !_c7de i. ]xp~al 1Zr..•idcncc:: (:it~• State %ip Cc,clc S 1~~'~l ti 4- Principa} Itusiuc<s :ldcires: - Ciry- ---- .. St;alc: ,AV~~(~R ~ o ~ ~- hl) C'vJc ~... 3 ~ o ~ ~~. ~• ~ ~ ~~, r~~ c~ C K. ~-~ a ~-~ ~ -~-~ ~A L l- -a ,-J~ S ~ L ~ T- ~ 3.Z 3 0 ~ i $. IIo,~x• I'h!y,iE:: Buancs:: hhn,~z: L'-1~1ai1 :\ddrC~~; ('rll 1'llvtlc: l-'ax: S~~l- ~ ~S• IfD~'._ `~~t~, 1~~~• 7 S~ ^I-4~°~fi,Dt Srt~ ~~~1 7oG •`?o~~ 5 ~~ . . ~ _ ~, m s ~1. c, o .~ . _ (. T)atC of l;lrl}1 ~. r~1 r-i: yr,U a ri•k'1~lcrccj ~-~~rri % T~ ~<,~ tL}~cri' :+rc ~'ou rc~i~r~~r~i~; r I~~ S~ S ~--- ~ E_ S • ~ -- - Vt'h:u li.,ard;.) art• pin, u,lcrestc~f lu =cn-in};~ 1'l~:a::~: list in order of prcF~r.:nc~:: ~p -- -- ---. .. ---~- ~__ [> ~ O F.. ~ D~v.•S f ti•1 c /~ -~ l ~ pt aN~:li G 1 2 ~ti t rJ ~, ..--- _ 9.. List ill r';n• 1l~.ard. nn whi~:ll y.~u arc curr4n11a ati.~inf;..~rha~•c prcwitittsly s~:r~•cJ- ~Plca~c inc-I„~1~•,i:~t~•y) ---- - - __ __ ~? o c~ ~ .. a o~ } 1 ]; I l 1 . .C UC:1Uu11R Ct lla~,}li:1 U~~,1:=: -~_ ~~~G'N~ c~.. ---~4 L t_ 1,v S .. _...- ~.`~ t_.t_ EF~i_. ~.. (.,j rni 7'c~ie J! ~--i._- _ ~ li. r.i;t an~~ rclatc~d };r~~icssiun:ll rcrrihc:lri~.~n5 atld lircnscs which }'OU lu,lcl: ~- -- -~ N~ '.. -- - 1?. Cii.vC ~•i,ur j;rc•scnt, c>t' mo>t ti•rcnl <:mhl~-~y~.r, and pc,.<il.i~,n: - .-_ . ~V ~`/.A -----COQ ~~~~' i 1 C='/~~ ~ - " --. - __-- ._ - C 1.17/L -~.~!>sL.cYS C: X t ~ _ . _ 13. 17csail~c cxrrricncca, .kill. car l~cu-lcd;~c u.~hich yl,;,lifi~ }•c,u t,~ .zr~r •,n chic board: ITIc::,sc attach a l;lic•f rc•u n~r) - !~S.__~-..D Ct `t_ A7~.JUSiH~`ti7 ~L fC~'.N/4fC 1 hereby n-rliO' that all th a1,..:.• ~tatcmcnt: arc ,rur, :,nd I a};rce and un~l~,rstand chat :,ny misscaten,c„t~ol niatcri:ll (na. CUllt<1Ult'~~ 1 fh1 - arh CA ~Il llla ' i':iUSC fVrtCl[tIYC llPi~,l 1,1?' 17<1[( Vf 8711' ahh.~7,lt[11C11C 1 111:11' rCCCl~il'. -- - ~L4G t~- <-- _ ~ u.~~n •: Nr~re: 1'}li~ a);l,lirarir;,1 «il} tetuaitl ~:,n file in the !_it1- (~lcrl:`c O!fire Fur a rrxi~;d !>C 2 year< fr~;lll tlu date it was submitted. I[ :vill he thr aPP{icanr'~; ri•sE~uusibilit}' ri, rusutc Lhat a cutrealt aprlicalic>u is vt>! tik_ S1G HARDESTER 4308 I.akcv~uud Drive Phone: (561) 706-9096 Di;ira ~.13C;tch 1~ 1_3314 ~-- ---- ----- - --.. _.~._~ -___.~:~3.~.($17~Si'7-8006 E-mail: sibhardcstc-rra?msn.cc~m QUALIFI('Al'IUNS SUl`1MARY Sales / I~1ana~!ement 1'rufissiunal wilh rnorc lhan I S veers experience with 113h1. Xerox, ~+nct Siemrns in [h~ Tckconununicatious and Infornrttiun Techrtotoby Si-ltrtions husinc~. A hands-on 581[`S Cxc'C:Uttve wllh :1 pfc?vCtt Uai;k reC~ll'd elf SUCCeSS In 2\Geelling idlei <In~l CUSlhm~r $it[13CitctlOn pmjcctic~n: and meeting ~!oal> and abjcrti~~cs al all levels ,~f the r~r~ani~~~tinn. PRQFF.tiSI()NAL t!tl'ERIFNC'F: SIEMENS ENTERPRISE NFT~Y()IZI~S, Boca Raton, FL Cc~rnr-r~'rt•icrlScrlrs:'tlelnc-~er,-. Fleriel;i 3/03 -Present Recruited back to Sicmetu to r~huild a nine parses cnmrnerrial saps tears responsible li,r direct and channel sales in the Florida gevgr.[phy. Thr~~ugh aggresslvr pcrfor-nance management and recruiting "A" level lmrfi,rmcrs, vas able u• aehicve. 1'f,",% ofteam orders number during. my second )ear. itiey reasons fi,r success incaudcJ lures on qualified large oppo-nrnities, leveraging written sn~:,tegic account planning, anJ aprnrprit,le customer executive level sales t'exus, to includr lint of t?usincss rxecuti.•cs ss well as tcchnc,lugy leaders.. NFC 13USINESti NETWOR.IiS SQI.t!TIQNS, Atianta, GA Re2;li,n.rl.Salc•.c :11c~rra~~r•. ScYurh~an ~/02 - 3/03 Taskeit.vith cstahlishing a husincss presence for NGC in the Southeast Region for voice and data infras[ructurc. StatTing a ne~a of)ice with senior eteculivc~• Qwn fi,11 P .~ [. responihility -i>r salts, implementation and serti~ices. SI}.MF.N$ iCN FUt~i :4'170N_LL SERVlC.ES, Atlanta, G,~ A1rnrclgrr i f Sirlc.>~ Echrccrriv,r 200! - 20(12 Senior Staff Assignment. Led the r(Tuns of a soup of development and instntcliuna) drlivery pmfcssi~~nals k~ design and tic.livcr a c,~mprchensivi: hard art~i sit! ,villa sales furec curriculum fir the: most extensive pr~xluct roll out in rc~mpany history. • Gontpsr>.yv,•idc sale: ti~lre curriculum project wa> completed ahcaJ r~f~sch~~dulo and un bud~;M. SIEMENS ENTF:RPItItiF: NF:7lY[)R1C~, Atlanf3, C;A 1999 - 2001 SuuJhi'c~~/ Rc'b'iun ;tlcrrrcrg~a•r- S4c4nd Icvcl Salcc ntanagcr res~x>nsih)c for 3S t~xhnolopy sales rrps and ktl~ rngineers. (>v<med full P&L rcsportsibility Cur a 61\9 revenui: stre~rm. Al>u owned u~lutions implcnten[atiou of cntcrprisi: comnxtnicatinns infi~t>tructure and business applications tier the Ga~rgia, Nurih t~trulina, and South Carolina ntarkcla. • Mavod robic~n fmm lea cal- l~ tc~ ~cr`cwcrall 111 I?c~ilt)m Ilnl pcrfORttaflCC in Irss [hen two years SIG HARnF STEIt PROFESSIONAL EY!'ERIENC'E (Cwttinucd) SIEMENS EN'rtKYH15E NE'1lYUR1~S, Orlando, FL ~1lijnr OI,~~c,171rt1ily Dcwelr,l?rrt~rrt afcn,a~cr 1998 -1999 Senior >taff a5ignmcgl wilh resp~nsibility tier halt' of the l•Jnitc~l States. Role was protcssiOn~il dcvclopnunt of wmpany's first line saps ma1)agcn)cnt bruup and large account clvSurc planning. Additional rca><~mihility wa> ot6ani~ationtl change agent fur core sales pnkcss rr-Jrsi~;n and driving usage/aceeptar)cc of Siebel ~ilrs force automation t,x~l across J,c s:,lc; or~mization. • Personally facili4~tcd over ~~ ~ortunc I~0 and major public. ~ctur ol,l,ortunitic~ th.,t rnsullcxl in several million dollars in incremental revenue. t<~ the liu~incss- Siemens [CN, <~rlandu, I-'L 1988 -1998 Manfl~;cd a team of ten major account saps rcprescnt~,livcs covrring thi centr.tl and north Florida markrts. • Awarded Manager of the Year. r~,-tcm nma •~• Sll'IIlI`nS IC'N, 199G • Earned srilca rcxognitii~n "C.lub" trip 7 out of 1 t) year fur,.~Iey ohjcclivc ewer-a~:hievement. • Every team member excef:ded 1 Utr:i. of ~.;aigned quota 3 atraight ycar~, 1993-yG. • Rccogni~.cd as coutpany'~NariuiulJ.Su/rs1Llu~rrlgerrjthN }'ear in I')9F 1'~M, orlutdo, FL 1983 -1988 Brmlc:h l'ru~- c~»tic .'l •fit,c roc, ; 1.75 7- I y SAY • l,eadcrship dc~clopmcrttal ,tafTassignntcnt creited and implemented hrattch wide n)arkcting pr~~gr,ms. Served as liaise?n with other IC3M soles gr~,ul>s a; well as cstcrnul basiness pa,tners. Succcssfi,lly orcheslriitcxl the FY I')88 branch kickotl- n)c~cting as welt as devised and rolled out the brutch's recognition stratcty fir t}tat year. 11~1ujr,r:~1c•c•ulrnl Sul~~~ Rc~/?rc.cerrlcrti-:~, /9.)3-ly,S;' Rcpresauact If3M•s telc~c,~mmunicatiurt,; product, and sC.rvicc3 t~~ nrw and existing cu;lorn4rs in a definCd gcogrttphic a1ra. Assi~:nntcn[ waS (ocu~ed un F'arcunr 1(H) accrntnis as well as Florida State and l.ocAl gOVCII)n)enl acc~n~nls. • Earned top salts "Club ' dc:i~;nat ion ? ~iut of 4 ycKtts fur salts plan ovcr• achicvcmrnt. XEROX C.OKI'OKA•1'1ON. ~?rl.ut~l~., t-~L Mitjvr,4c•c'olrrrl Sulr?s R~pr~tc~°ruc'rlir,r 1978 -1983 Sales -copier, duplicator, and ducuntcnt oration pr,:klu~•u in a defined geosrtphic arr..i. • Ir,trned 1'rc:;idcrtt's (:.Job ? i~ut ,,l 5 yr,trs, as vrel! a; nwncrous ~,th~:r aLVards and achievements. SIG HARDESTER PROFESSIONAL Ek'PF.RIF.NCE (Continued) EDUC'AT10N Rallies Co11rg~. 1~'intcr !'ark, F'l~~rida Psych~~loby P1tOlF1;SS10NAL EDUCATIONIC(>MMC~N1'1'Y LNVOLVEb1ENT Board Membrr City' e~f D~Iriy f3cach Board ~,f Adjustmrnt (200a - pre,et~t) - Batrd l\lcnihcr - I lamlet Country (_ lub HU~l Leadership C~:ntral Fli~rida 1998 L.caderh~p Orlando 19~)i Angel Flight ul'C_~a,rgia- colunterr Siemens l.eadenhip L~cvclu~?nicer In~titutc 20t)1 Lcadcrshi~ Institute Ciuzst ]nstructc~r ?001 ~xperi4nccd M.inager Training (1f3M, Siemens) Developing a high I'erfc~rnr.+n<c Team Seminar 1BM New Manager Institute Selling tc~ Vl'I~O (Very Important T~~p Ofticcr) Selling thr Vaht~ DELRAY BEACH • { O 4 achy .~ 79.93 - . 2002 CITY OF DELRAY BEACH`S ~~~~`~~ BOARD MEMBER APpL1CAT112 7 2006 ~~~~ ~.~ pt:...~b .,,.,P .,r .,.;.,* tl,P fnllnmina information: 1 j Last Name: ~ i : ~ ~ ~ ~--Y ' Name ~~ M L ~ . ~ 2. Home Address: - ~ ~ ~ ~ .Y ~ ~ City AA ~~ ~-~3 Scat ~~ Code ZtP ~ 3. Legal Residence: - ~- ~ tG-. City State Zip Code 4. Principal-Business Address: City State Zip Code , 5_ Home Phone: ~ ~ t 9 mow/;+~~j. Business Phone: Pr ~ Addres - ~ ~/G:~/~ ©~ ~. ~~1] ~3 END Cell Phone: Fax: 6. Are you a registered voter? if so, w ere are y~reg~s~ed? `-~~ 1. ~~ ~ ~. 7. What Board(s) are ou interested in serving? P ease ~ . in order of pref ence: G D ~~ ~ ~ ~~ ~~ P~ ~~ ~ o~* - ~ 20 - ~ 8. list all City Boa=ds on which you are currently serving or have previously served (Please include-dates) 8 - 9. Educationslqualifications: !~ ~ ~".~ ~ - ~~. ~ ~v 10. List anp related professional certifications and licenses which you hold: ~ S ~~ ~ ~ . ~,~. ~ ~ ~ ~~ C-r~ S-~l-~- 11. Give your.ptesent, or most recent employer, and position: " 12 Dtsctibe ezperi/ences, sld7ls of knowledge~which alify you to serve on this hoard: ~Ple~e a~ ~ brie eswne) - T l,rrehv rrrtifv~hat~k-the above statements are true, and I agree and understand that ang misstatement of material facts ----, --- contain ~ this app& ~ n "cause: Forfeiture upon my part of any appointment I may receive. - - .~ j fo SIGI*lA ~ DATE Note: This application will remain on file in they City Clerl~s Office for a period of 2 years from die date it was submitted It will-be the applicant's responsibility to ensure- that a current application is on file. . s~~xrr JAMES HOUCK -RESUME OBJECTIVE & PROFESSIONAL HISTORY Page 1 of 3 OBJECTIVE To secure a PROPERTY MANAGEMENT position where interrelated experience in Architecture (5 years -Building Design and Site Planning), Operating and Capital Reserve Budgeting (18 years), Computer Software (20 years -Microsoft Word, Excel, Access and others), Construction (3 years), Corporate Business (10 years -Management, Sales, Marketing and Training), Property Management (18 years -Portfolio & On-Site Experience) and Real Estate Licensed (21 years -Commercial & Residential Leasing, Sales, Marketing) will be of value to your company. PROFESSIONAL HISTORY 1992.- 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida) Proaerty Manager -- "On-Site" managed a 460 unit condominium development with nine (9) five (5) story buildings and two swimming pools and a clubhouse. -- Managed a portfolio of up to 16 high end community associations, collectively consisting of 649 individual homes and 345 two (2) and three (3) story condominiums totaling 994 units. -- Responsible for preparing, implementing and overseeing the annual budget expenses of over. $4,000,000 collectively. -- Professionally managed the contracts of accountants, architects, attorneys, carpenters, electricians, elevators, engineers, general contractors,. horticulturists, insurance companies, .irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other contractors, vendors and agencies. -- Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 4 asphalt roadway overlay & 9 sealcoate projects, 8 painting and 5 sloped roof replacement projects. -- Set up "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need to personally have to the calculations. -- Work with various city and county agencies on building and landscape projects. 1989 -1992 BENCHMARI{ PROPERTY MANAGEMENT (Coral Springs, Florida) Prouerty Manager -- Consistently directed the operations of up to 15 properties, collectively consisting of more than 1,000 two-story and mid-rise condo units and individual homes. -- Responsible for preparing, implementing and overseeing the annual budget expenses of over $3,500,000 collectively. -- Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 2 asphalt roadway overlay & 8 sealcoate projects, 5 painting projects, 3 slopped and 2 flat roof replacement projects. JAMES HOUCK 1987 - 1989 CONDOR PLACE JOINT VENTURE. (Boca Raton, Florida) Resume -Page 2 of 3 On Site - Property Manager & Leasing Director -- Directed all _on-site property. management, sales and leasing efforts fora 40 bay 95,000 square foot Office/Warehouse building. -- Responsible for negotiating all contracts and leases. -- Liaison between general contractors and maintenance companies. -- Created and implemented annual budgets and prepared monthly financial analysis. 1985 - 1987- SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California) Real Estate Agent -- Working with developers, property owners and tenants negotiated more than $4,000,000 in retail and-office leases and land and building sales. -- Created and utilized computer generated databases to work with buyers and tenants and also investment programs to analyze building and land sale opportunities. 1984 -1985 FRED SANDS REALTORS (L,os Angeles, Califomia) Real Estate Agent -Commercial Division -- Negotiated more than $900,000 in retail. and office leases and land sales. Achieved. goals by extensive cold calling on owners, tenants and other brokers. 1974 - i 984 ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois) A high end residential, laboratory and institutional cabinet manufacturing company. Western Regional Sales Mana~er/Multi-Housing Division (Based - Los Angeles, CA.) -- Successfully directed the development of a new region of dealerships, independent agents and corporate accounts throughout 7 key western states. Eastern Regional Sales Manager/Multi-Housing Division (Based - Ft. Lauderdale, FL.) -- Effectively managed 17 independent dealerships throughout 8 key eastern states. National Ooeratians Mana~er/Insttutional Aivision -- Supervised all corporate accounts and dealer services. Coraorate Sates Engineer/Draftsman/Estimator .JAMES E"~OUCK (Licenses, Designations, Memberships, Board Member, Education) Page 3 of 3 PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSHIPS 2005-Present Commercial Property Management (CPM) Candidate (IREM ID #0159693) (Chapter #76) 2005-Present Florida Notary Public Commission (#D411955) 1989-Present Florida Community Association Manager License (#5414} 1987-Present Florida Real Estate Broker License (#500323) 1984-1987 California Real Estate Broker License (Not-Active) 1984-1987 Affiliate member of the "International Council of Shopping Centers" (ICSC). CITY GOVERNMENT -BOARD MEMBER 2004-Present City of Delray Beach, FL -Vice Chairman -Board of Construction Appeals EDUCATION 1987 2005 FLORIDA -Real Estate & Community Association Management Continuing Education Classes 1984-1986 UNIVERSITY OF CALIFORNIA -Los Angeles, California -- 9 Commercial Real. Estate Classes (Property Management, Marketing, Finance and Appraisal) 1976-1977 U1~TIVERSITY OF WISCONSIN -Madison, Wisconsin -- 8 Business Management Classes 1971-1974 iNIVERSITY OF ARIZONA -Tucson, Arizona -- Bachelor of Architecture Degree 1969-1971 SOUTHERN ILLINOIS UNIVERSITY.- Carbondale, Illinois -- Associate of Architecture De ee JAMES HOUCK 3763 S. Lancewood Place Delray Beach, Florida 33445 561-865-2636 jdhouck5l @bellsouth.net STRENGTHS & SHILLS Page 1 of 2 As a highly organized and self motivated professional with interrelated experience the following aze a few strengths and skills I can offer: PROPERTY MANAGEMENT -- Create an extensive "Management Plan" to re#lect the goals of the property and their owner's. - Able to fulfill the manager's obligations under the property's management agreement. -- Able to manage .abroad portfolio of properties and maximize their property values. -- Ability to quickly learn the roles and functions of all positions within a new property. -- Test economic alternatives to increase value and make recommendations. -- ,Understand financial statements and accounting principals. -- Knowledge of available insurance coverage to protect owner's assets. -= Proficient in creating operating and capital reserve budgets and effectively manage their expenses. -- Understand and work with lease/sale analysis and investment software. -- Prepare an "Operations Report" if required. -- Examine problems and create viable solutions. -- Develop short and long term market analysis and economic plans. -- Orient new residentsitenants and promote positive relations. . -- Enforce collection and foreclosure procedures. -- Constantly analyze properties physical -and fiscal concerns. -= Understand legal- issues as they relate to tenants and owners. -- Oversee operations, lease administration and construction management. -- Manage budget costs to maximize profitability. -- Monitor the construction of tenant improvement build-outs as required under lease term. -- Understand and meet goals of a property. -- Understand staffing and employee relations to create a top notch team. -- Maintain expense controls and increase Net Operating Income. -- Able to properly oversee the. selection of contractors and other vendors. -- Strong ability to administer contracts and create tenant relationships. -- Proven record of excellent internal and external customer service. -- Provide direction and leadership to various in-house and out-sourced personnel. -- Inspect and evaluate all building equipment, systems and grounds to insure that the appeazance and operations of the property meet established standards. -- Develop emergency procedures and preventative maintenance programs. -- Develop operating and capital budgets and track variances monthly.. - Manage approved capital expenditures. -- Negotiate and approve leases and contractual obligations related to the continuing operation of the property. James Houck FACILITY MANAGEMENT Page 2 of 2 -Strengths & Skills -- Able to help or take on role of Facilities Manager, when needed. -- Negotiate and manage conformity with vendor contracts. -- Understand and manage capital improvement projects. - Understand and work with architectural drawings. -- Conduct and prepare extensive property and building inspection reports. -- Knowledgeable about the construction and other components of a building. -- Manage risk factors effectively. -- Monitor owner improvements. -- Properly select and work with service providers. -- Identify and work out construction defect issues. -- Properly communicate with and motivate employees and outside contractors. -- Hire and effectively supervise employees and outside contractors. -- Oversee landscape and irrigation services and implement new projects. -- Able to effectively coordinate and/or oversee the security services; parking garage and valet services; tree trimming and removals; janitorial services; building engineer personnel; cooling systems; roof repairs and replacement; elevator repairs; asphalt repair and overlay projects; painting projects; concrete restoration projects; fire sprinkler systems and most. other services and/or systems as needed. -- Properly plan and implement all the various types of maintenance projects, renovations to common areas and other scheduled long and short term maintenance and construction projects. -- Able to work closely with tenants on their build-out improvements. -- Familiar with most architectural building systems.. GENERAL Understand the dynamics of a lease and leasing to a tenant. -- Long term knowledge working with computer programs (Word, Excel, Access & others). _ - Strong organizational, management, administrative, communication and leadership skills. -- Mature, responsible and businesslike in demeanor. -- Positive proactive work ethic.. -= Flexible and able to multitask effectively. -- Professional in approach and appearance. -- Work effectively in a cohesive team environment. -- Willing to put in the hours it takes when needed. -- Willing to travel when needed. ~«~ ~~~~ ~~ i iooi CITY OF DELRAY BEACH Mq~' F~~~o _' °~rr s?gas BOARD MEMBER APPLICATION /~ ~LtCpL Please tube or nrint the fnllnwin4 infnrmatinn- ~~ ~~~~ 1. Last Name: JJG ~i , / 'T Name ~ _ j /Y M. I~ 2. Home Address: ~~ ~ G~ ~ ~o~-~ Ciry ~ ~c~ ~f~~ S Zi Cod ~:3 ~f° 3. Legal Residence: Ciry State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: /63~3~/~ Business Phone: E-Mail Address: rnyoy~i~i a. ~?av/ Cell Phone: ,~ Fax: ~/ 63~G z 6. Are you a registered voter? ~ If so, where you regi tered? ~f/z~ ~f.Qrilf ~Z-v~I.~~4 ~.~C~'~.f~T. 7. What Board(s) are y interested in servin PleaSe.~t ~ Qrder of pte erence- ~/ ~O/~t'f~o0~ ff7>V/~f U ~~~~+/L 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) e X10 9. Educational qualifications: ~1r /~'C's~-Cl~/`T/~/ ' /~i ~~ 10. List any related professional certifications and licenses which you hold: I1. Give your t, or most recent employer, and position:~~ ~e -y- ` ~ O~ ~~~~ ~~ ~~~/l~+c- 300~J~ct' ~~ ~~ ~ .~~.~oo ~~~P~ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resume) ~ Q I here certify that all the above statements are true, and I agree and understand that any misstatement of material facts c 's application may cause forfeiture upon my part of any appointment I may receive. ~~Y~~ SI ATURE DATE Note: T'tus application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. s+,cxrYCCexioeowxrnwretxanon ~= 3' ~~f '9~~i ~Lm 31~a- i .r,.- ~ ~n /.. I moved to Delray Beach in 2000 not sure if this was the community my husband and I wanted to commit to after living in the Northeast for most of our lives. While the transition was not easy since family still resides up North, we found ourselves welcomed into a city that is a microcosm of what we think America should be - a blend of peoples of all ages, races, and economic groups. A city that has pulled itself out of doldrums and is a relatively safe and embracing community complemented by the fact that it is sitting in a beautiful environment. We found that we became more active, looking forwazd to enjoying the beach and parks and attending the. many events held in the city. We take pride in the fact that we call Delray Beach home. I am sure many of you have seen changes in this city in the past yeazs, but the challenges the future holds can be daunting especially in protecting the assets that make Delray Beach anAll-America city. Just drive down Atlantic Avenue and not only can you see the changes in the city but you can feel the changes. While I have no experience sitting on advisory boazds to a city, I feel compelled to offer what I can, to assisting the city that we riow call home in some way. I am a well educated woman and spend most of my professional life advising healthcare organizations how to better their businesses, so I am confident that some of those skills and experiences can assist the challenges facing the residents of the city and those elected to manage Delray. I am attaching a professional resume to assist in your review of my application. Thank you for your consideration. Lynn Klein ~~~~~v~~ LYNN J. KLEIN MaR 2 5 zoos myoptimaC~aol.com 114 E. Lee Road Delray Beach, FL 33445 Home: (561) 638-3517 Fax: (561) 638-6223 CAREER SUMMARY A healthcare, business management consultant with- extensive experience in the public and private sector. Areas of expertise include: - Mergers and Acquisitions - Corporate Finance - Forensic Accounting - Business Integration - Financial Analysis and Modeling - Process Improvement - Due Diligence - Cash Management - Business Development Ability to improve efficiency through systems enhancement and re-design as well as through selection, installation and maintenance of operational and financial computer systems. Ability to manage multi- functional projects. Self-motivator with exceptional interpersonal and communication skills. SELECTED ACCOMPLISHMENTS Financial and Operational Business Consulting • Created and implemented a comprehensive restructuring of all purchasing and accountr payable functions and systems fora $250M healthcare client to achieve projected savings in excess of $1M in first year, reduce processing backlogs from 90 days to 3-5 days, reduce payment backlog from. 120 days to 30-45 days, and provide on-line reporting to branch locations. • Created financial models in EXCEL for cash basis $16M service client to convert cash financial statements to GAAP financial statementr for timely reporting to publicly held parent company. • Created a customer usage model that analyzed 10 years of data fora $20M service client. • Provided all operational and financial business integration for 12 practice acquisitions fora $50M healthcare client including systems conversions. • Assisted clients in the identification of and evaluation of potential acquisition candidates including preparation of financial and operational due diligence. • Assisted two healthcare dientr in successful IPO's{in excess of $100M) by providing financial consulting including audit management, pro forma compilations and prospectus disclosure. • Created financial projection models fora $250M healthcare client contemplating an IPO. • Prepared business plans and assisted clientr in accessing investment funds. Industries include .pharmaceutical, retail, healthcare and e-commerce (internet web-based business). • Installed a customer service call center for a healthcare client that included the use of help desk software to manage staff's ability to assist customers. • Wrote policies and procedures manuals and practice orientation manuals that covered all company functions fora $5QM healthcare client. + Created a medical record audit program that used a team of clinical 'and fihancial.professionals to review a hospitals billing and medical record compliance to Medicare regulations. • Wrote business plan and assisted in securing the initial $2.OM investment for an e-commerce business. Provided operational and financial consulting while acting as CFO during the product development phase. Tactical Finance and Accountine • Prepared financial statementr and financial packages for Board of Directors and Senior Management in a $100M healthcare company. Coordinated alt financial information to prepare for annual audits. Performed all controllership functions including monitoring of accounts payable and payroll processing and approved alt cash disbursements and bonus calculations. Reconciled accounts receivable and monitored reserve provisions. Coordinated and reconciled physical inventories.. Oversaw operations of accountr payable, accountr receivable, purchasing, payroll and general accounting areas. Lynn J. Klein Page 2 Instituted standardized controls in accounting throughout a $50M region by writing and implementing poticies and procedures to comply with the provisions of the Corporate Audit Committee. Standardized accounting forms and coding to facilitate month-end closings and developed account analysis books to provide details of monthly balance sheet activity. Consolidated two $25M regions within 90 days without interruption to financial reporting, cash disbursement and payroll. Consolidated multi-state banking arrangements into several major geographic bank hubs increasing cash investments in REPOS, reducing bank fees and establishing strong bank relationships increasing service to field operations. Monitored multi-branch operating expenses and recommended reduction. and cost savings measures to senior management to obtain acceptable branch profit margins. Monitored aged AJR and DSO changes and provided senior management with monthly reports to assess early warnings of potential bad debt exposure. Management Information Systems • Selected hardware, customized software by designing input screens and reports, and.implemented an audit trail to convert an outsourced accounting process to and in-house system which resulted in a departmental savings and more timely and accurately reporting. • Utilized database management and mining programs to identify and monitor key business drivers and created daily real-time reporting to operators, which assisted in day-to-day decision-making. • Upgraded the accounting. system to resolve an accounts payable backlog that reduced aging of open invoices from 75 to 30 days. • Converted regional office from asingle-user system to a Novell network to facilitate accounting processes, provided more timely information to field management and accommodate business growth. Implemented an integrated payrolCsystem utilizing AD.P products to create labor analysis reports for field operators, which provided employees with real time compensation and benefit information. • Selected to chair the finance team of -the MIS. Strategic Planning Committee of a -publicly traded healthcare company. Established definitions and requirements for amulti-million dollar systems conversion. PROFESSIONAL HISTORY INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL. 1994 -Present NOVACARE ORTHOTICS It PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994 Controller Responsible for all financial reporting in a $110 M division of this publicly traded healthcare company .with 55 branch locations.. Supervised a staff of eleven. GOLODETZ TRADING CORP., New York, NY 1986 - 1989 Financial Reporting. Manager Responsible for alt financial reporting and cash management fora $300M privately held international commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen. EARLY EXPERIENCE "Big 8"audit division and private accounting experience in real estate and brokerage/commodities. EDUCATION AND PROFESSIONAL ORGANIZATIONS Penn State University -MBA (1999) -Finance St. John's University B.S. Accounting (1980) HFMA Member -.Healthcare Financial Management Association, Florida Chapter Volunteer -Membership Committee, Professional Development Committee _ ~ ~ _. - 08,/Oa/OS H'ED 14:JJ FAY 5812_ .,774 CITY CLERK X002 L3ELRAY BEACH ~~~~ 1 ~ r. CITY of DELRAY BEACH ,~ -~ BOARD MEMBER APPLICAT{OIL AEG - 4 2005 ,~, R1~ .. z of C ~-~ _;~~ Plr~sc' ,e., of , riot the Eollo ~ inforviation: 1. Last Names ~ - Name ~ ~ tri . ~_ _d } ~L or ~ ~~%~ ~ ~. Ho~ie.A ess_ ~ ~, ~ ~ n Sr~f.- Zip Code 1 ~ a ~ ~ ~ l/ZS % ~ z ~ L %1fI`~~ ~CfG~ f ~ L: 3. Lie estiirr~~L . - City Scztc Zip Codc ~ 4 Pnnc tii :usinass Addccss. Ci Stace Zip Codc i ) _~oi ~ ~~~ ~ ~ !~ OC/-~- ICS--i~~ ~~ ~ L ~ 3 ~~ ~ ~ ~ • ~~~ ~ f r ~ ~S_ ploma'P6gne: $usincss Phoa~: rr~l lid ess Cell-Phone Fax ~G: ~e yQU x ,t~g~,gtercci vocec? ` y l If so, yahexc uc you. ie~srrscd?\ ~ ~ . ~ ~~C~ ' • n F . ~ '~~cc a retested ~n serving? Please lisp ui Feles prcfeetaec k 8. I.asc a1C C{~ty Boards op'wlsieh you aLe cutzendy se=ams of have previously setoed (['lease inctudc dates) . _. .._ - ~ - .- ,.. ,. .; _ 9: ~duc,onal~q~t'-31i~r~ti~as- ~ ~~1 o c~ . y s ta: ~t auy t2larcd p~o'Eessio~:l ce=tfira.tons d licea~es ~irhirls you:hols . L ~ ~~ 11. C,?ve yQtu pigs o 3L LCGC . em ycr, d poll on:. .-. - ~~ l~ tai- 7-r~ 2.2. :: '.12 ~g ~ ences; skills o o - : ~hich c~. ~ a tq+s ~ ~ ~_ _ his l~clcry~~a~c4s a baeE csome) ~~ ~~~ 5:.1~I ~ ~~ ~: ~ . S ~ /~ .~ - ~~ Gar " F lieseby _: ~fity tl~[ >u llac above scateiuents arc tint, and L acct and undesgtaod tbae any miss ticcnicnt of rimatcsul fica . y/J %:5 cvatyn : 1fa tlii§ '"~ ~~uon~~ta~ use foe ~tuce upon mp part of aay 1p['°in 1 inay Lcccrne_ ~- T~A"I~E Note: '11us aPplie~tioa Wili emaiq-on file is the°City Clerks office Eora period of 2 yr~rs from the dace it wss • submitted It ~ovill~be dxe appliestnt's Lesponss_bility co eastue that a curscat appliciti,on u oao~arRUeru-a~a+ ~~: i-d ,- .r ~ ,... ,. .... ... 4 ... . •~ V S V ~ V J V J. J V r RESUME FOR PEARL "BUNNY" MARKFIELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REALTOR:COLDWELL BANKER REAL ESTATE (22 YEARS) PRESIDENT MERRITT PARK HOME OWNER'' S ASSOC 6 YRS BOARD MEMBER. PROGRESSIVE. RESIDENT'S. OF DELRA.Y AND CURRENTLY VICE-PRESIDENT. MEMBER OF THE SW/NW REDEVELOPMENT TASK FORCE SINCE IT'S INCEPTION AND CURRENTLY A. MEMBER OF THE WEST ATLANTIC TASK FORCE. WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HAVE LIVED IN DELRAY BEACH 8 YEARS AND HAVE ENJOYED EVERY MINUTE OF I'I'. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- p.~ AND-I PARTICULARLY ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. Aug 04 O5 03=30p DELRAY IS DEVELOPING AS A WIDESPREAD _ EXANtPLE OF HEALTHY URBAN GROWTH AND i AM HAPPY T'O BE HERE TO ENJOY IT! p.3 DELRAY BEACH o ~ o NI-Aa~eriralltitty ~ -CITY OF DELRAY BEACH ~~~ 0 ~ 2005 ® BOARD MEMBER APPLICATION _ ..t _ 1993 ~'' ~?~ ' ~ 2001 ~ d Please a or tint the followin information: 1. e: ~ N~e ~ ~ :~ M. L Home Address: ~ Ct`' L- ~} /V ~ L Sf-'~(_ ~ ~ ems. 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code `S.~Home Phofnje: ~.f ~Y / r~ ~ _ a Business Phone: E-Mail Address: Cell Phone: Fax: 6. .Are you a regist ed voter? ~ If so, where are your ' to ed? ~~~ ~~~~ 7. What Boards a you int ested in erving? Please list in order of preference: ~. 1f- .- List all City oar on whic ou are currently s or h e previously s d: (Please includ dates) 9. Educational qualificatio 10. . e~ 11. Give your present, or most recent etinploger, and position: 12: Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that anymisstatement'ofmxterial facts .con ed ut this a Iication ma cause forfeiture- upon my part of any appointment I y receive. .. _ _ .. _ _ U . _. sNATURE D'I'E . Note: Thts application will rematn on file ui the Cary Clerk's Office for a period of 2 years from the bate it was submitted. It wi11 be the applicant's responsibility to ensure that a current application is on file. ~' ~~ 3 ~a a~ s~~~ l CITY OF DELRAY BEACH RE~~IVED ® BOARD MEMBER APPLICATIQ~ ~ 7 2001 1993 2001 CITY CLERK c Please type or print the following information: ~~°~ / G ~/ L Last Name: /LP°~25~ Name /~ c.1~fF NL I. - ~ . 2. Home Address: ~" ~u U,~~p~+~--"J EZ~ ~~ Gty G-ZaA QC-~If' State f'L Zi Code ~3 3~~~_S 3. Legal Residence: ~ /~ ~ ~ City State Zip Code 4. Principal Business Address: S~'~ (i /L l 1 rL City State Zip Code 5. Home Phone: ~( ~7'L. (L~~ Business Phone: `E~f, =^ / Zl~ E-/tail Address: ~~( ~,Sr;/ ~~o t •cn Cell Phone: ~fS=I~-7~ Fait: 27a- ~" Y 6. Date of Birth rd~~3-~~ 7. Are you a registered voter? If so, where are you registered? 8. What Board(s) are you interested in serving? Please list in order of preference: .ZO N /,~c.. ~ ~ ~~ 9. List all Caty Boards. on which you are currently serving or have previously served: (Please include dates} Mm NZi 10. Educational qualifications: Q i'Sr p`=S c~V~t ~~ Gc~url-S~ - rs.'A-t2 Cc,2Rc,3~'u~~~°n.T s7ac~ 7 sy~T 11. List any related professional certifications and licenses which you hold ~'"~Trr7~ lf(i~Cl ~~FG'I ,d~Fv-z7~2- 1'-d ~ {='6~~ 2 cs 13°/~-`Tl 12. Give your present, or most recent employer, and position: - ~ r : -r ~i rz'i= ~c1- z.ur• sTa~p- PHo ~a~,.~~i~~ - r,~.r.#~ c~ ~/lc: s't~u-J ~L r liJt<J~ -- t t r~ (tea cl~rS' c v v w ~'z~N ~~ a <~ ??-k= -°~ /f.9et ~l2oC.-~f~`~ 13. Describe experiences, shills or knowledge which qualifyyou to serve on this board: (Please attach a brief resume) ~~~-i~~-v ~ Aa ~-~ ~ ~ = '~~2 ~ i. 7'a2s ~i~c.~ o ~ tJvz 2r~~- Qo rv--/t) e~ ~ ~ r 2 ~~ rv~f ~'~ L<G/ /.~c-"yam s' R-~~ + l~a~~ s `t_v ~o N p~7 .,~L~T~ ~tz,1.~. ~~~- ~~~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment T may receive. )~~ 3~~.6~c7 ~~l~ti( ~-~1~-~ SIGMA . c DATE l~ T .Tw f ivote: ims appucatron ww remain on rrle rn the City C1erl~s (~ttice for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. Flease• ' •or -me Youo ~ommuv,~_ - . , . - _ - l~ [. ' - - -a _ h:ust Natuc: Peltzie .. ~ ~ . Name Kenneth- _ .. . .. ' - - ('-iry - -Srnf~~. . "Zig ~odc:, •~2.. Hotnc Address: - - - ~ • . -2260 Rabbit Fioliowe Circle Delray Beach • . $3~~:••.. -.--. - State ..Zip Gode.. - 3: • ~Lcgal.Resideacc_ . - City - 4. PiincipaL Bnsinwa Addrnr. r~ty . - . -- _ _ - "' St:-te. Zip "Codt~ - -5 ~- ~~ouic Plioac:.. : Bosisie>.. Phoub: fi-Mail Address_ C_'r.T}~P} nnec• +~f Fay: : - - . ~6 ~ a 1 •d{ c -' &q~ e~ - _ - - - ~kDeltzieQyahoo.com.. • 56~.d98-d76d' - - - - ...~ -. • . -:..°• - If so, where azc pon n~isteted? . ~ ~ ~ 6 date you ~rc~ts~d v tern da - e e ray each: Flori 7: What~Board(s) are you interested: in sewing? Plnse Iasi in otdcr~of preference - ~ - • - • Downtown'DeveiopmentAuthoraty, - P) a ~..; ~ 4:. ~•~ ~ ." ~'o-~-~ -w ~ vsr.~p -~•R-A S: - L'1st'ill Ciry Beads o~n cvhich•you-art cursrntly sewing oi-have prcvtouslp servecl:.(I'leasc mcli,de dates) ~ _ :• : - .: ~ •Planning and Zoning .Board Sl1 ~t00-to' current • - "- - ~ - • 9. Ee}e,eatioaal qualifications Masters in'Public Health/Administrative.Medicine ' 10. List.any tetlated professionai'cettificarioz~s and licesiscs which you.hold: ~ ~. • 11. Give yodr prcacai; or m,oac rcccai cmptoyct;.und position: ~ - .. Vice President, Whitsyms Nursing'I_td - ~ - • • 1? Desuibe txpericneas,skille vc knovledge~vhich-qualifyyon•tu Serve on this board: (}'leasrattacb abocfiesume) ••••. fo' • Year ex •erietice in-Hea h.Care m' ~ ,c}n_and_••-omtn ,ni •P}ann~ng •. • --• S9fved as an offs ran B bPr of a~nt!tn er of'"remrry~,nify.nriLa~i7atir+ns ~ -~ " - I hereby oaiify ,l,a~ -r}1 tlac abry+e sntcmencs ace tcua, sad I a~eee na<! Lmcle~ctnd shat my mieevatvneat of m~+ai-i} facra ~ - pplication y cause forfeinae upon my put ofany appoinuneat•I any recesva contained in this a ~ 9 1 hi` I 7 '~ ~L~~~ ~ • A ~~ - . _ - • SIGN RE . - DAVE . ~, - . L ~• ' ' -~ ..~ -:~ .. - . ''• -•' •.'- i ~' 1 -: ~•~•l. - ~ Note. This application -will ttmain ou :$lein the City CTerk's O£hce.for. a peuvd of 2 pears fmtri the date it avas ~- " .' _ '. '. I _ submitttd_ It ~-A be die applicant's sesponsibiliry to .ensure chat a current applicatio~a is o,i.file. ' :. . ' ~ ~ • .: Sunday, May 16, 2004.max • KENNETH GERALD PELTZIE 2260 RABBIT HOLLOWS CIRCLE DELRAY BEACH, FL 33445 561-498-4764 GENERAL PROFESSIONAL EXPERIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Gonsulting. Firm} Federal Government Health Care Program Analyst SPECIFIC PROFESSIONAL EXPERIENCE. 2003 to Present ice President, Whitsyms Whitsyms Nursing Registry, .Delray Beach, Florida 1999 to Present Independent Health Care Consultant 198? to 1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida :1990 to Present Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1.982-1986- President, Affiliated Hospitals of lndiaria (a network of 18 hospitals in central Indiana) Executive Vice President, • Community Hospital of Indianapolis 1980-1982. Senior Vice President, Robert Douglass Associates (a national health care consulting firm). '1972-1980 ice .President, . Chi Systems, Inc (a national health care consultii•Ig firm) 1966-1972 Associate Administrator, Assistant Administrator, . Sinai Hospital of Detroit (a 620 bed university affiliated teaching hospital) '1961-1966 Budget Examiner, Bureau of the Budget (nQw_the Office of Management and Budget) Executive Office of the President, ~ Washington, D.C. ~ _ -. ~ 1958-1961 Administrative Officer,United States Air Force Hospital, Dyess Air Force Base, Abilene, Texas. 1957-1958 Resident in Hospital Administration, Sinai Hospital of Detroit ACADEMIC EXPERIENCE B.A. College of Liberal Arts (Biology and Psychology), Washington University, St. Louis, Missouri, 1955 Graduate Studies (Industrial Psychology), Psychology, Graduate School of Arts and Sciences, Washington University, 1956 M_S., Administrative Medicine (Hospital Administration), School of Public Health, Columbia University, 1958. PRb~ESS10NAL MEMBERSHIPS American Hospital Association -Personal Member American College of Healthcare Executives -Fellow International Hospital Federation -Personal Member Community.Activities Palm Beach County Health Gore District, Finance Committee Crossroads, (Substance abuse support Center) Past Board Palm Beach County Emergency Medical Service Advisory Council, Past Member Delray Beach (FL) Planning and Zoning Board, Member and ice Chairman HOPE Project (A not for profit organization providing free mammograms), Board member and Treasurer. Deaf Service Center (A not for profit hearing toss support organization), Member of the Board United Way of Palm Beach County, Member of the Finance Committee. Leadership Palm Beach Rotary Club of Delray Beach, Member and Past Treasurer Rug 04 05 1 2: 1 3p Me 1 t'o 1 1 aclc ~b i -c r c- r o i o t uoiu~~va inu t[-vt Fnn ~oi~•~•+ry •.ii. ..z.c.,cn (f ~,~.,~ OBJtAY Bf/-C11 ~ ~ I l ~~ ~~,~~~ t , CITY OF DELR.AY BEACH ~~~~~~~ ' ' BOARD MEMBER APPLICAT[ON 1993 moo, t_ t_n_ "..F - AUG - ~ 2005 CITY G~-~~K 1_ I3st Namc: Nwnc M L 2 Homc Addccss: • F3 ~ p •tl! , ~ r. r • -~. ity ~ fir- 8~e. Sr~tc - F ~- Zi Cock 3 3_ 7~1 Raidenec ~ Gey Sette Zip Code ..... ~-, • .4. Pnncipal•Bosmess Addcess_ City - State 71g Code 5_ Hoaac Phoac $-Kincss P6onc E-tvj:-il Add=csr Cell Yhvu` I'~ ~ If so. Whcrc ste rcgis~ ed? G_ lice you a rtgictued vo¢r? \/~ C•. - ~ 7. What $oud(s).ue you interested in zeroing? Plea.:e lice in oeda of preEcreaec $_ t Ci Boards oa mi~ic6 sre cuctm scsving or hive prcvious~a~tv~yd: (Piase ind do dstta) ~' 1 c 6.Co. C ~ 9, Fduczdoctal quaLific+uoas: . ~~CO h 4 .,.~. i t..!' t/ +~..2 Yoti~ ~ ~,J ~ ro. .moo ~~ f i,,;.'~t~yxny tdzted pcoEcasionalationc znd litccnscs wbich yon hoid 1 i. Givc yO1t prescat, or most ccct~c c~ploycr; and posirion; Descabc cspetiences_ slolla or knowledgr'~+r~, q~lify you co scrae on bozzd (Pleas zmch a bcieE crsume) ~,t o . , d n~fi~~,~ ~ Pt ...~, ~ Pic I hecci~r actify chat all tke above saeemcao ace true, iad L zgcee :ad oodcret.ed drat any inlsstiormenc of raacaonl tlco ooncained i ap licaaoo za eauae fotfcicure upoa my pact of aap xppointaaeae i nnay recccve cf ~ 6 ~~= SIG 'IVRE DA?E ~ _ . •. ~.1: ~~ r 2.loce; his apPilction.aill remsia on Fite iin rtc~ C1cs1Cs ~~ Eoe a pctind of 2 pears bcvtn the dzte it mas _ submitxed.. It will•bc the applicaat's respoastbdicy to ctLSUie that a cwsrat appti~tion is oa filc - sarR;ts.~cvo..,~~.rncronoN rtt; ~_~r-_z~~r t_~ s~, . DFLRAY BFACH 1 l 7993 zoos Please tppe or prin[ the l . Iast Name: _ Sf}n3Tp S z xom~ Address: - ~{~e3t~ pA.iu~ 3. Legal Residence: H U t1~u1HY.1w. rs, _~ II C~ R~G~IV~~ Cl'~"Y OF DELRAY BEACH FEB n 7 2007 BOARD MEMBER APPLICATION ~~~hC CITY C infarmatioa: 4. Prinapa) Business Address ~/~/09 Name M ~~ A- ~- ~''~ Stl:te Zip Code DE~2FW ~r'~ F~ a3Y45 City $nrP Zip Code State ,Zip 5_ Home Phone: Business Phone: E-Mail Addr ~~~~ 7 '~~ ~iQ-~+'lf 6. Dare of Birth 7. Are poa z registered voier? g-s-~ ~s $- Whx Board(s) are you inresesrod in serving? Please list in order ,. Cell Phone: ~p t Fax: ,T1 / '~ Cd rds cv..1 st (v ~ ? f so, where. are you registered? ~ q (m ~~ C o ; preFerence: E~ ~-iQ QtCi~n;~l '~"Z~rli~t ~ uC~ hb~rhApd i sr~-P PlQ~ ~~e~~~~cJ . ~ List all City Boards on which you are currend Y ~r+rirtg ar have previoeLSly served: (Please include dates) 10. Pducatiobal quali$r3anns-, ~A l ~ SC +~ C'c i ~ S3 ~' Il. List any related. profrssionai cerriSa[ions and licenses which you hold , S r'tS ~ t ~ 1-,+fe N~ittfh ~-Ya~~gbl~ r~h'i~~,-~P3 12. Give your rresent, or most recent employer, and position. ~ -C-l - GltwQ r~(S t' SQh S ~ 1~r'l e ~+~~nGR 1 ~da-~ISrr,! fan t 13, Describe ezteri~ecs, skills or knovrled~ vrhicj~ y~~y you m .erve on clus board: (P Case attach a brief resume) see reSl~rn~ ctf¢c~rh~~ I h¢fcby certify that xll the abo~ sratemcntt ate mie,. and I aoa[ee and nndtattnd chat COn~"`'d is thu zpphcation may rmsc forfr3tuce a m ~ mcssncemenc of material Sacs uP° Y Aar[ of app appointrneac I may ctccive 51GNA'fUltE -~ . DfiIE . , = ~= lhis application viill rc><ria.iri on filz ~ the Gty~ Clerk's Office for a period of 2 pears From the date it was submiacd. It mill be the appliesnr's responsibility ro ensure that a carte-gar applica[ion is on file: February 7, 2007 Dear City Commissioner(s), It is my pleasure to seek membership into one of the following advisory boards: Education, Planning & Zoning, Neighborhood and Site Plan & Review. As a resident of Delray Beach for the past three years, I have decided to commit myself to the betterment of this great city in which I live. As a Begley Park resident, I know first hand the power of a city working together for its residents and hope to take part in future accomplishments- 1 have always been involved in communities where 1 live because I feel that it is crucial to take an active role and believe in the improvement of such places. I know that I will be an integral part of any of the advisory boards for which I may be selected. Some of m past experiences of leadership include serving as President of the Student Advisory Board at Gulf Coast Community College in Panama Gity, Florida. In this position, I oversaw a group of 25 students in developing, coordinating & implementing activities for the college. Together, we fostered an environment for students to take active participation within our college. Not only did we promote student development and involvement, we served our community through volunteering. I am a participant in Leadership Delray and volunteer to assist the Education Foundation. Committee. in planning the Annual lducation Foundation Auction. This is just an introduction to • ~ playing an active role in mry community. I wish to further this by serving as a member of an advisory board_ 1t takes initiators, such as me, to help organizations succeed which I plan to do for the City of Delray. I have served on various boards throughout my educational years and comprehend the importance of dedication required of members. I now plan to include this aspect into my personal & professional Life and ask that you consider me for a member of the Advisory Boards. Cordially, ~~~~ Ria Santos Rio Santos 4636 Danson Way Delray Beach, FL 33445 Tel: 561.516.0788 't~VORK £XPERI£NC£ A.G. Edwazds & Sons, Inc Boynton Beach,l=L Registered Financial Associate Financial Consultant Email: ria.santosC~3agedwards_com November '03 -Present + Assist individuals in developing retirement/investment strategies ~- Work with businesses in implementing Retirement Plans y Assess clients' investment needs and goals ~- Conduct educational workshops + Service clients' specific issues relating to their portfolio Aeon Corporation August '02 - September'03 Nagano, japan Foreign English 1'encher ~- Teach conversational English to students, business professionals and housewives + Prepared/developed lessons unique to various levels ~- Worked with Japanese Teachers to develop curriculum + Helped students progress with the English language ACHIEV£M£NTS ~ ORGANIZATIONS ~b 49 Cum Laude Student Leader of the Ysaz President -Student Activities Board Senior Class President Phi Theta Kappa Volunteer UCF Rotary International, Delray Sunrise ~ Delray Beach Chamber of Commerce ~ Leadership Delray participant ~ Habitat Far Humanity ~ Women For FJCCellence -~ Catholic Counsel of Women 6~ Florida Women's Business Center Advisory Boazd TOTi~L R.O-l 0323!07 FRI 15:63 FA7C 561243a7'•t CI'T'Y CLERK RcC~l~~i.r ""` DELRAY BEACH c. MAR 2 7 2001 r CITY CF DELRAY BEACH CITY CL~R~ ~ B~Ai~D MEMBER APP1lCATIDN Zoos ~~lP/b / plnacP runt nr nrinr the follo'winQ information: 1. Last Name: ~`~ A /,Z Q A J~ J / v / Y Nam` f E /~ ~ !,Z ~ •J M I_ . 2_ Home Ad~c e ss: Z. v o r~ ~4- G ~,4 ~ L A~-~L Ems. ~.~ _ City DELR ~~o STa ~ Zip Code 33 ~~ 3. Legal Residcn`C `I City State Zip Code 4_ Principal Business Address: l0 0 , ,¢ 7`"G.~sd~G lv~ L r/.17 Ctcy Parr~.a-~ o D'E~r~~ Stare ~=L,~ Zip Code 33 oGa 5. Hnme 1' one: ~'~/- Z ~3-3zv?'9 Business Phone: ~~~_ ~~'~ 46 TQ E-Mail Address: Cell Phone: S~.,crvv E.I (~~ ~ t 7~ 7 Fax: 9~-- ~~ '~`~ 6_ Date of Birth B- LT- ~~ 7_ Arc you a rcgistere voter? If so, where are you register7e ~.~is ~~~ 5~~~~ 8. What Boat~d(s) are you inten:sted iu setviag? Pleasg list in order of preference: ' r 9. List all CCey Boards on which }+qv are ruzeritlysarving or have previously served: (Pl~.se include dates)~~ ~~ c.A-~ a o b- ,~~Q~ ~ -t ~ r,~r v u.~ oof~~ _ } l0. Educational qualifications: - s~~ ~ 11. List any re ated rofessiomal certificatuons and licenses which you old: 5 ~~ Z:~.S•r ~~ 12. Give your preserrt, or mast recent employer, and position: ' G,T o /~.~ o ~ ~~G 13. Describe experiences, skills or lmQ~ledge ~ch qualify you to serve on this board: tI'lease attach a beef rt:stmde~ ~/?~'~i~F'S O ~' (__iy i` ~Q.4+fi f O- ~1~I`i~I ~ v- 1.3 ~~s ~7 ~~~~ ~ f~ s ~ Q-ul~ ®~~ I hereby cecnfy that die above 9utemenrs are True, and I agree a[ld tandetstand that aay miss erncnt of material facts con ~ din this aPplt may cause forfeittu~ upon my p<ut of any appoinunent I naay recciwe_ s DAz~ ~~~I Note: ~lhu applic~van will remain on hle in the qty Qerl~s Office for a period of 2 years from the date it was subttiitted. It will be the applicant's responsibility to ensure chat a cutrertt application is on file. 111 lb/ =17174 11 : L _t7y /tib4b f ! BUILDII`Mla P,?f~ 8~ JEROME SANZONE 200 MACFARLANE DR DELRAY BEACH, FL 33483 (561) 243-3299 OUTLINE RELINE March, 2402 City of Pompano Beach Present 100 E Atlantic Blvd Pompano Beach, F1.33061 March, 1989- Ciry of Delray Beach March, 2002 100 I~iFV l" Ave >~elrsy Erach, Fl. 33444 June, 1986- City of Oakland Park March, 1989 3650 NE 12~' Ave . Oakland Pazk, FL 33334 ~Janc, 1984- City of Port~ano Beach Lune, 1936 141 SW 1" Ave )Pompano Bcaeh, Fl, 33060 June, 19$0- SE1f=Employed June, 1984 RR 2, Box 816 Pbmpano:Beach, Fl. 33057 April, 1978- General Development Corp. August, 1980 1111 South $ayshore Dr ' Miami, Fl'. 33131 ' October, 1956- American Plywood ,~-ssoc. April, 1979 PO Box 11700 Tacoma, WA. 98411 Augnsi, 196- Rinker Materials October, 1966 805 N. Railroad Ave. West Palm Aeac~, fl. February, 1953- Lindsley Lumber Co_ August, 1965 Steel Division Dania, Fl. ' Apn1, 1960- Security Planning, Inc_ December, l 962 First National Bank Bldg. Miami, Fl February, 1960- Dade County Highway -February, 1963 Design Section Blnlding Official Byilding Official Ew'ldiag Official. AssistantBuilding Official Construction Consultant & General Contractor Director of Piimary Housing Sr. #nteTOa#IOt1al Field Services Representative Eng, Coordinator Field & Fabrication of Projects Estimation, Detat7ing, Field Supcr~ision, Customs. Relations Sales Representative Estimator 8. Designer 111 lb/ _l7p~i 11: __ 77~t r~bµb ~ r 13W1W1i Na P~.SE C1.} lone, 1959- C Rc C Construction Estimator ,~ September, l 959 bl 3 Tabor Place Designer Investor Planning Corp. Sales Representative 60 E 42nd Street Ne~v Fork, NY JEROME SANZONE 200 MACFARLANE DR. DELRAY BEACH, FL. 33483 (561) 243-3249 OUTI-tNfi RESUME (CONT'D} Sept. 1953- New; York City Community Construction Tech Jan_, 1960 College ~ ., ABS Degree. 300 Pearl St ' Brooklyn, NY Sept., 1955- - United States Army Corp o~'Engineers ' Sept, 198 .June, 1954- Sept, 1955 Levy 8t O'Keef 171 Madison ASE IVlechanical Desi ~ Ncw-York NY . 11/lb/_t7U4 tt:__ ~ti~t/rbabrr F~l1ILL~IFIG PAGE 05 PPiOFILE Date of Birth: August 27, 1936 Marital Status: Married General Health: Excellent Military Sen~ce US Army Corps of Eng. --Honorable Discharge, 1955-1958 Certification: Florida State Grneral Contractors License #CGC-047690 Ccmfied by the Department of PFOfessional Regulations in the Following areas: Building Code Administrator; Structural Plans Examiner and Lnspector; Electrical Plans Inspector; Mcclianical Plans Inspector Plumbing Plans Inspector C.tY.B.O. Certified Building Official #923 Florida Board. of Building Code and Standards Certificate #l i 1 Building Officials Association Building Code DirECtor Certificate #147 South.Florida Building Code aui)ding Official, Chief Statetural Inspector and Plans Examiner School: NYCCC A.B.S_ Degree in Construction Technology ~g~~nO1u' Florida Atlantic Builders Association Chairman of Affordable House Committee Govemimeatal.Affairs Conunittee BuiIdcrs Association of South Florida Co-Chairman of Technical & Construction Committee Construction Specifications Institute Bwlding Officials Association of 11! lOr ~VVY ii. __ ~.~-~ r oo~for r DU1LU11'~N7 F'iab~, bb Florida 7EROME SANZONE 2~ MACFARLANE DR DELRAY BEACI~, FL. PROFILE (CONT'Dl Boards: Broward County Construction Industry .Licensing Board Palm Beach County Building Code Advisory Board Palm Beach County Fire ~-..ode Advisory Board Fire Codc Board of Adjustments and Appeals SBCCI By-Laws Committee SBCCI Code Interpretation Committee _ SBCCI Existing $uilditxg Code Committee SBCCI General Design Committee ' BOAF Resolutign Committee Falm Beach County Hurricane. Retrofit Committee )!'alml3cach County plumbing, Electrical and Mcchanicai Review Committee ICC International Building Code Structural Committee Languages; Italian, Spanish, Japanese and Latiix 11! 1qI _l"Jl"J•i 11: __ 774fC:04n! ! DlJ1LIJi1 pa JEROME SANZONE 200 MACEARLANE DR - DELRAY BEACH, FL. 33483 CONSULTING CL_ IENT ACTIVITY US Depr of Agriculture Sct up construction companies to build mass housing and train Personnel in Venezuela, S.A., 3 projects started. National Homes, Inc. Acgttirc product approvals for their system under the SBCCI and SFBC. Ryan Homes Analyse and solve construction problems. G.D:C. Analyze and salve constrnctionprob)ems. Jleller, Weaver Rc Assoc_ Evaluate buildings for condo conversions. Genstar Developed site platz for planned community in S. Dade l:1 f Evaluated sttucntres at Palm Coast in Bttnncll, Fl. Approved as expert tivitness in American Arbitration and Federal Court. G•p• Analytic and solve problems of construction applications. .Northwood Industries Advised on marketing of construction products snd gained code apptovals_ MarChem Ad~tised on rnarkcting of construction products and.gaincd Code approvals. Everglades Chemical Advised on marketing of constructaonproducts and gained Code approvals. MCA-Carter Coating Advised on marketing ofconstntction products and gained Code approvals. C.A Marando Advised on marketing of construction products and gained Code approvals. Florida Division of Law Enforcement Analyze, investigate and evahtatc projects as well as testify as An expert witness for the Construction Fraud Case • r~uat u r 11! lb/ _t7py 11 : __ ~:Jy t r_. e~yen t ! DU1L1111`!7 Pi-N7C tJG ~cc JEROME SANZONE ' 200 MACFARLANE DR DELRAY BEACH, FL. 33483 PROFESSIONAL ASSOCIATIONS Arttctican Concrete Institute (ACl) American Institute of Timber Construction (AITC') Building Officials Association of Florida {BORE) Building Officials Association of Palm Beach County (BOAFPBC) Building Officials and Code Administrators (BOCA) Construction Specification Institute (CSI) Cciuncil of Ammcan Building Officials (CABO) international Con#'erencc of Building Offirials (ICDO) Southern Building Code Congress Interaiational (SBCCI) PROFESSIONAL CERTffICATIONS Btoward County Board of Rules and Appeals: Building OfficiaV Plans Exarraitlcr T3nildfng Officials Association of Florida: Building OfficiaU Department Director Council of American $uilding Officials- Building Official Florida AssoCiaAOn ofPlumbing-Qas-Mechanical Inspectors, Inc. State of F1orlda. Department of Business & Professional Regulation: :$uilding Official! Codc Administrator, Plans Examiner, Inspector Stan of Florida, Deparimcrrt of;Busincss ~ Professional Regulation: General Contractor State of Florida, Florida Board of Building Codes & Standards- Building Official RELATED INDUSTRY AC7TvTI'IES Building Association of South Florida: Co-Chairman, Cottsuuetioz~ & Codes Comrnittce 1980-81 Chairmen, Palm Reach County Fire Code Adsisoty Board _ 1990-94 Chairman, Falm Beach County Fire Codc of•Rppeals & Adjushnents 1990-44 College of architects, Engineers & Surveyors Seismic Committee 1968-73 Law Cost Housing Committee- Puerto Rico 1963-68 11/ 10J _VVY 11 ~ ~~ JJY f VVYV f ~ k/iii i~ lv ~ ~`J President, Building Officials Association ofBroward County 1987-SR President, Building G#I"icials Association of Palm Bcsch County 1994-95 ' Southern BuildirAp, Cock Congress International By-l:,aws Committee 1992-93 Southern Building Code Congcss International Cock Interpretation Comrittee 1994-9? _ Sauthcrn Building Codc Conference International Existitlg Euilding Code Committee 1995-97 Southern Building Code Conference irltemational General Design Committee ]997-1999 International Code Council ICC INTERNA~70NAL BUILDING CODE_Structural Committee i 999- Present F_ .. ~1~ ~~~~~~ DELQAY BEACH ~~~~ ~ b• I O A A n ~~~~ ~ V Y ~;~~~l~ 1 ~~ Z o; .CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type ox print the following information: 1. Last Name: Name M. I. Shaffner Ch 1 E 2. Home Address: City State Zip Code 2953 Sabalwood Court Delra Beach FL 33445 3. Legal Residence: City State Zip Code 2953 Sabalwood Court Delray Beach FL 33445 4. Principal Business Acidness: City State Zip Code 700 East A,tlar~tic. Ave. _ Delray Beach FL 33483 S. Home _ Business-Phone: _~ E-Mail"Address: _ . .. Cell Phone:: Fax: Phone: (561) 27$-2628 .. ceshaffnex~a~bellsouth.net (5b1) 706-2138 (561) 3$1=7328 561 _498-3651. . ~: rare you a registerea voterr tr so; wnere are you registered Yes , Precinct 7154 7. What Board(s) are you interested in serving.>. Please list in order of preference: Planning 8 honing, .Site Plan Review and Appearance Board 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9: Educational qualifications: High School Diploma, ISO and QS certifications, Business Management 10. List any related professional certifications and licenses which you hold: Real Estate Sales Associate .. 11. Give yaur.pxesent, :or most recent employer;, anc~ position: Gringle; Doherty & DPheat~ Inc., Commercial Agent } .. _ F,.. ,. il. Uesarbe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) e Attached Resume I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ntained in thi a plication may cause forfeiture upon my part of any appointment I may receive. SIGNATURE DATE 3 /~ 1 ~ Note: This application will remain on file in the City Clerk's office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. s~~ ~r~cenoN 2953 Sabalwood Ct Delray Beach, Florida 33445 Phone: (561) 498-3651 Cell: (561) 706-2138 Email: ceshaffner@bellsouth.net bcperiience 2005-2006 Gringle, Doherty ~ Wheat, Inc. Delray Beach, FL Commercial Real Estate, Realtor- 20032004 Forex Trading Strategies Delray Beach, FL Complete accounting set up from inception, $600,000 in sales. Including all record keeping, processing payroll, interviewing and handling all employee reviews. 9 ^ Accounts Payables ^ .Account Receivables Journal Entries ^ Reoond'led Bank Statements ^ Payroll ^ Human Resources ^ Unlimited-Check Signing 2001 HMY Yacht Sales Palm Beach, FL Sales Assistant ^ Sales Assistant to 5 Yacht Brokers ^ Prepared all Documents for Closing ^ Abstract of Titles • Bank wires. and deposits (for closings) ^ Inventory Control (Yachts) ^ Entered Listings 1986 - 2001 Flight'Systems, Inc. Lewisbeny, PA Flight Systems is an automotive manufacturer and a remanufac~ure. We manufactured ABS units, transmission controllers for DaimterlChrysler, Volvo, Volkswagen, GM and fiord as well as generator control and monitoring systems for Caterpillar, Cummins Diesel, Onan and Detroit Diesel Allison. In excess of 19 million in sales annual. My position at Flight Systems was Accounting Manger and Internal Auditor. Duties inGuded all Accounts Payable, Accounts Receivable, General Ledger and managed all maJor accounts as well as a certified ISO14001 (environmental industry standard), QS9000 and QS9001 (automotive industry standard) internal auditor. ^ ISO9001 plus QS9000 on going training for industry standards ^ Developing work instructions for all phases of production ^ Implemented FEMA and procedures for company. ^ Internal Auditing (weekly) to identify non-conforming products as well as making sure all work instructions and procedures were being followed. • Maintaining. all Quality Records (required) • Assisted outside auditors on an bi-annual basis Accaurfting ManaLyer ^ Amounts Payable aging, keeping al! payables within terms and negotiating discounts. •. Set-up all records for new accounting soffinrare CMS, IBM, arranged and fotkrwed through on all go five deadfines. • General Ledger Account coding on all invoices • Voucher`, posting of aH invoices • .Purchasing of atl non-inventory items (building maintenance items, major equipment purchases, aN company vehicles) • Accounts Receivable aging. . • Collections of all past due accounts • Receiving and entering atl cash receipts. ^ Making all cash deposits, reconciling all .EFT and wire transfers. • Managed major accounts for US and overseas. (Daimler Chrysler, Ford, Caterpillar, Detroit Diesel) ^ Reviewed alt credit applications for business accounts. • Chedt Srcfning Educatiion High School Graduate 1991 • Cuml~rland Valley High school 1991-1995 Harrisburg Area College Hbg. PA Paralegal ~ Intro to Para legalism, Legal Research 8 Writing, Domestic Relations ^ Business Management continuing September 2p01 Gold Coast School of R.E. - BocaRaton,FL Education ~ ' Real Estate License ^ {SO9001-9014 and QS9000 Certification 05/YSiOJ 1PED oB~19 FAI 581 '3 X774 r . 193 2001 CITY CLERK CITY OF DELRAY. BEACH BOAE'tD MEMBER .APPLICATION Please tvrx or print tie fi~llevritio inferrin~eirrn- 0002 ~~ ~'~ ~~~~~ ~ L .last Nsnt • S !.~ Naase M. i. Z. Ho Addscs3: -~ l 1+aA . So-te Z Code 3~~ 3. Iagal Residence: City ~ Stan Zip Cade '4. 1'littap~l Huaincsa lddrCba: City State ~ tOdt 5. Hume Phone: S~3g3 4'~~ Buaincas Phonc: S6t•27b q;q3 E-Mail Addreas: Cd1 Phony ~ Paxc ~ z7t oSpf; 6. Art qou a rcg~stered votez7 ~ if so, d-here sire you.rzgixteted? ~ ~~•~~~ ?. ~Vhac Boud(s) .acs you isiteresud is eesving? Please list in order of ptefer~r-cC fi'RA~. ~ ~ 2 , +•ti e is & list all Gity $oards on which yon are carrtnSly sewing or have previaa3ly ttz+-ed: (Pkase xncludt dates) 9; .~durarions) qualifications: 'TatG'~~~. O ]0. Lst any relatcd profcasiat~l Cerafuntioris and litrnses which you hol . ~ . ~ r l GE~JS4p t~ `~ Ll-l1Ja ~S ~ ~•N~ tg•d ~bl~. ] t: dive your ptcsent, of most t+ecerit rmployec, and pasitios ]2. Desecibc ctperiertces, aldlla be kav~vbec~ge ~vhic2i qualify you m serve on this board (Pkue otssck a brit resume) I by oesoi . that aII the about scatca-enta ace true. asd I igat ar~d nadecs:and that iety taiaata.r...... •. of :oterial ficu • a • •a .ppliadoa m.y cousc. forfdttirc upon my part of app appdntttimr I may reteive.~ ~.Zs.o~. S~ - ~~ . ~t_ r,,.: _~: _ 7~ ~~.:...1... r;,,.I"l..{.~e nf~~~ ~n+ .,t.;.,e~ of 2 v~rs ~reeR tie daft it arts - ----• -rr------- - submitted. It grill be the appLcant'a re3poaaibility to ~~~i'pplicaiioa is on isle. ~q~,.o.,~.r.ucno~. ~m 3.~ ~-- z~ ~ 3DVd =rrvto~o~ Eo-BZ-AVri MAY 2 8 2003 ~1~'Y CLERK 9 •51~31IH3aV NI31Skl39lIS ~A8 1N: JEFFREY SILBERSTEIN, A.LA., RA. EDUCATION: ' Clark University, Worcester, Ma. Liberal Arta Major Boston College, Dalton, Ma. Economics major, one year Pratt Institute, Brooklyn, New Your, Atchitecurral Degree, American Institute Of Architects Medal for Excellence in Archireratral lducatiou Harvard University Graduate School of Design, Jane 1989 Fla~vard University Graduate School of besiga, July, 1996 CERTIFICATION: Registered Architect: Florida end Illinois Jeffrey Silberstein Architect & Assoc., Inc. was founded in 1990. We are a smell ftnn with a reputation for innovative design and delivering ,projecos wiiliin budget and on schedule. This is evident as we continua to work v-~`tb ropeat elicats and referrals generated by our rcputatioo. Our success tvolvzs 89 w..e_.asslst clients. in defining project goals well before suggesting solutions, a process that creares a full understanding of :objectives before trar-sfotniation into reality. Jeffrey Sil>erstein, A.I.A., R.A., has .over 21 years experience in the field of architectural design, urban ..design, interior design end residential ..and. commercial developtttent. Silberstein Architects, inc. was founded in 1990. and. is Located in Delray Beach, Florida. He bas been associated with nnany building types, fnclo~ling educatotral facilities, oB'ice buildings, interior offita and residential renovations, museums;. art galleries, religious facilities, residences, mixed - we developments and eon~tercial projects. Tn 1998 Jeffrey. Silber5teln. was presented The Award of :Hotsor for Design by The American Institute of Architects (A.I.A.). He was recognized for 'Yhe-high quality and ori~iality of his work over an extended period of time°. In addition to this special honor he lies gamer~cd tnaay A.I.A awards far varied projects. Iiis worts has been featured in The Miami Herald, Thy. Sun -Sentinel, Ilse Palm Beach Post, Florida Architect; Interior Desist, The Aoca Raton News, Architectural Record .and other intaraationel publications: Mr. Silberstein has served ms, a guest writer for the Hartford Arcliiteenrral Conservanry and ?he Paint $each Post, a triric member of the Works of Art Committee of the Boca Rston Muscuta of Art, a member of Junior Achtevetneot and a member of The Grace Commisxion un the Boca Raton Community Ralevelopaient Agency Task Force. Mr. Silbet9rein resides with his wife Rosemary and two daughters, Angelica and Sarah in Boca Raton, EloridR. Zlir dJVd ~YI~L0~0i E0-6Z-AVIY =t95 ~51531INOtld NI31Sd387IS -A8 1N: DELRAY BEACH . ~ ~ ~ r CITY Qt= ~ELRAY BEACl~ ~~ARD MEMF3ER APPLiCATIt'~N ~ X993 2001 Please ox rint the folio information: , 1. Lmst Name: ~~ rV ° /` Name Ch l7 S ~/ M. L c y 2. Home Address: City. State Zip Code 3. Legal Residence: City State Zip Code _ ~ COf4 / /ice G'r . ~'G ~~~ ~ 3~3Sr~ 4. Pxincipal Business Address: City State Zip Cade ~L3 0% /OOCJP~ ~/~ e ,~ ~UC~ -, ~ ..?.?231 5. Home Phone: Business Phone: 1s'~ia~Address: Cell Phone: J~aJc S6/-Z7~_ ~/d`.I ciZ/_ ~~4-.~?-Z SL C11.!' .frlj.~/~tov.(~_ .S~/ ~4-.5~~s5' .~/-2~•~-/.3`~a 6. Are you a registered voter? ~ o I£ so, whe=e are you registexed~ 7. What Board(s) are au interested in serving? /4 n % Phase list in order vfpxeftrenct: n h ~h i it . U.~//~` /~ ~r ~f3j`/ 8. list all Ci Boards ~ which ou arccutren Iti~J`Q serving or have previously served: ease include dates) r/~ /h rID4 - dh s1 ¢/ ~`~ 1 9. 10. List aby and licenses which you . ] ]. Give your presar, ox most recent ctnployer,~and position: ]2. Aescribt experiences, skills oavledge which qualify you to serve on this bo • (Please cli a brief resume) 4~ I hereby c that aIl the above statctnents are t:ue, nail I aftcx and understand that auy misstatsmeat of tnatrrial facts contain this applica rmv rsuse farftitarc upon my part of any appointment I map receive. l~ ~~,~"" SIGNATURE DAZE -- - i ims appncanaa ww. remain oa fxle in the. Clerk's Office for a period of 2 years from the date it was submitoed. It w.qi be the applicant's responsxb~ity to ensure that a current application is azi £le. s~ex~so~ruanat Christel Silver 278 E Coral Trace Cir Delray Beach, FL 33445 Tel: 561-274-8153 Fax: 561-243-1390 Cell: 561-929-5799 Resume Education: High School-Diploma at Sequoia High School Redwood City, California as Exchange Student from Germany in 1960 High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963 Graduate from Law Academy in Berlin in 1966 Administrator of Justice from 1966-1985 working at the Court Houses in Berlin, Essen, and Essen-Borbeck, Germany Real Estate Schools in Maryland, Washington DC, and Florida Graduate of the~City of Delray Beach' Residence Academy in April 2004 Participant in the Leadership of Delray Beach.2004l2005 Licenses: Associate Broker in Maryland license #81131- since 1985. Realtor in Florida license # 60690952 since 2000 Certified Residential Appraiser in Maryland license# 7102 from 1991unti12004 Notary Public in Maryland from 1986 unti12001 Notary Public in Florida since September 2003 Certified International Property Specialist since 2004 Fair Housing: Member of the Fair Housing Committee at the Montgomery and- Frederick Association of Realtors 1990-200.1 Chairperson for the Fair Housing Committee in Montgomery County in 1995. Member of the Interagency Fair .Housing Coordinating. Group 1995-1997 Washington DC HUD Task Force member for Fair Housing Voter status: I am a resident alien in the process of applying for my Naturalization looking forward of becoming a registered voter. Membership: Greater Delray $each Chamber of Commerce (Chairperson for 2005 for the Ambassadors and Chairperson for a Leadsgroup} German American Chamber of Commerce International Business Council of Palm Beach County Association of Realtors Membership Committee of Certified Residential Specialist (Chairperson of the Florida Chapter) Elected Director of the Board of the Coral Trace HOA for 2005 ..... _ --~ 6~------------ Christel Silver ~~~~ ~ Date I l~-O --. ~1 O ,A an-ane~icacity ~~ E~ ~ CITY OF DELRAY BEAC ~pRR ~ ~ 2007 ® BOARD NIENIBER APPLICATION 1993 C~~Y CLER~ 2001 f Please type or print the following information: ~/~/d 1. Last Name: ~ f~,( J -~ ~ Name ~ fA d ~ M. L~ . 2. Home Address: 510 ~ City ~~ a~ State C.. Zi Code ,~3`(la7 3. Legal Residence: S ~~ City State Zip Code 4. Principal Business Address: `~O ! W• At i lA~~c t~tiJfnlvti,,5~'~ ~g City .t~EIR,~ ~fh~ State ~L•: Zip Code 33`t~~ 5. Home Phone: ~j(i1 ~(vS~•1205 Business Phone: - t,1 S~l~i-53t$ E-Mail Address: ~~ ~ r1~~ Cell Phone: 5G S?3~I~~ Fax: i 21x5' 6 6. Date of Birth ~ ~y 5~ 7. Are you a registered voter? ~(~ S If so, where are you registered? J ~~-r~. w.~.~, 8. at Board(s) are you interested in serving? Please list in order of preference: ~~~. R~-d~.~t~to ~' 4NC. ~1A.~-c~; Pad 2oN: Ce~~ ~~ ~~~ ' 9. List all CityBoards on which you are currentlpserving or have previouslyserved: ease include dates h~~t~c ART ~d+~~~orwl 10. Educational qualifications: ,~ n 1$c~~~to~s n~ti 3 ~s~ mss Ads a~~-,~~ r err 11. List any related professional certifications and licenses which you hold: ~ s S~.l~dol v~ ~~bl:~ ,n~;N~ ~~ C :+esv;c~c~ ~~,-~h ~~- ~~-s ~.~.~ ;~ 12. Give your present, or most recent employer, and position: . ~~'~, C,4 r~'~ R. "Tctt~,~e ~ ~3+<. Iwo Jlla nns~" y~ac . ~~ t.J~t. t ~ dR• 13. Describe experiences, dulls or knowledge which qualify you to serve on this board: (Please attach a brief rrsume) ~ ~/r!' Rl~4. ~rl AMA N PjdA~S a ~d C~~1+M a ~'{~-~s rcq ~" G /~1A (~IOR~i ~J1Nd iN ~PUJU W~~A ~ti. j~.~ C~~~-~S l~Jtl~-~dr I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts din this a licati y cause forfeiture upon my part of any appointment I may receive. Z~ ©~ SI ATURE DATE Note: This application will remain on file in the City Clerl~s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~ABRON A. SMITH 7510 ANSON COURT LAKE WORTH, FL 33467 (561) 968-7205 Cell: 561573-1202 Seabronl@bellsoath.net SUMMARY A Professional with a history of creating and maintaining successful linkage between the private and public sectors. Demonstrated strengths in Program Development and Business Management, involving the provision of services to thousands of displaced professionals and non-professionals that requires complex business start-up procedures that will promote job creation, resulting in economic growth and community revitalization. Demonstrated strong intergovernmental and interorganizational relations with expertise in research and developmental strategies to achieve organizational goals. HIGHLIGHTS OF QUALIFICATIONS • Over 13 years of program developmentlmanagement and experience with proven expertise in project management • Resourceful in solving problems and maximizing resources • Skilled in relating to the public with professionalism and sensitivity • Excellent written, verbal, and grant writing skills • Able to set and achieve goals, ~ and manage multiple tasks simultaneously • Strengths include analytical skills to identify and formulate solutions; policy and procedure development; training and strategic planning • Experienced in entrepreneurship.and small business consulting • Highly creative, self motivated with exceptional organizational and planning skills PROFESSIONAL EXPERIENCE Center for Technology, Enterprise & Development, Inc., Delray Beach, FL 1997- Present SBA/Florida Women's Business Center 2004-Present Executive Director- Private Industry Council, West Palm Beach, FL 1991 - 1997 Service Center Manager Lake Davis Apartment, Orlando; Florida 1987 -1991 Property Managerli.easing Agent Adelphia Cable, West Palm Beach, FL 1984 -1987 Sales Supervisor Perry Cable TV, Palm Beach Gardens, Florida 1981-1983 Marketing/Sales Supervisor R-R 1-C1~-21~~ 1-~:18 FP.Oi`1:1'h=n: h1ILU=Itd 9 ~THFJLE`~' S61c71~^_, ~:1 TO: ~~'1~77~1 F.2 -3 DEIR/iY BEACH V . Alb VEI~ t ~ CITY OF DELRAY BEACHRECEI ® 60ARD MEMBER APPLICATtC~, ~'~6 2006 1993 ~oo~ CITY C E F ICdSC l ~ ~+~ •iuaa u. ~ - --- - 1. ~ Nam N:un S 1- i- 2. Dome ,Ad c ~: ('• Sr-att 7' (i~de 3. l:.cgal lZeSi,~cnct: CitS• Mate Zip Coclr ~. 1'iincipal B~uSiiiess •~ddress= Gicy ~ ~ ~ Stare Gip Cc,dt 1 /.~- / ~ ~'J v ~ ~ !~~Gt.41 ~ ~~~ S. T-Iurne 1'hanc: Iiusinc~s Phone: E-1~13i1;~ddress- Cell l'I~<~nc: I'ak: -- a~-433 ~i>~~~i~~~/_ ~/ Ste ~~G'49'$ !. :lre you a rc~i. Bred vorcr? ~s' TE ci,, .vhe e arc yorl r _ isccrt ?. iat Baa (sl arc y-ot ~ ctesrecl i sc };? Please list in ardor of prcfcrc ce: fS. List all City ]3r,arcl5 an which y~ ~u ate currcndy icrvin~ or have ~+revii iusly sc.~vcd: (I'1c3se include Batts) 9. F_ducaci.~nal gaaJit~c• inns: j (~ t~. fist any reL~ted ptoEessic>n I Ct ~fieations and licenses which you hold: 11. Crivc your present, ox osr. cce tmployer, and posiric,n: 1?. Drscribc cxpcrien s, sk' ]s or - wled~c which yu;tli.fy'you to scive on this heard: {Please attach a brief resume) 1 hcmhy certify char all the aho~e statements arc trac, and 1i agree and understand char any mi:snccmcnc of m.ticri:~1 fat->< contain ~t anon r n ruse forfciatrc upon my Parc of any appointment 1 m:~y\f~CC"21~i2. V L. IRL DATE Noce us •~. ~L~ rtmain on file in the City Clerk's Office fur a period of Z years fr<>cn tYie date it <vas sabinittzd. 1[ will be nc~ applicant's rtsporuibiliry to enstu:e tliat a current application i.s nn hlc. StlrrG-6AK:w, ~KU_~YrLICnTLSN .71_p l-~-c~?Ib 11.:19 FF'Qh1: f'11=N=: t•IILLHt ~ ~~ ' ~THt lLE`i' 561~7E~F'1=;~t1 TO: -•,t3_i77-t MacMillan S Stanley, PLLC MacMillan 8 Stanley8uilding 29 NE 4th Avenue Delray Beach, FL 33483 Phone: (561) 276-63fi3 Fax: {561) 276-8881 tom aemacmillanstanley.com ~101't1AS M. S~''11'il~ ~~,~~ 1995-1399 Princeton University Princeton, NJ B.A. Hlisl~y 1999-2002 Florida State University Tallahassee, FL JurLs Doctor P.3~3 pe+oR'easlonal 2002 -Present MacMillan 8 Stanley, PLLC Delray exp~eNence Beach, FL Attorney Level 1 Title Insurance Agent 1JVill, Trusts and Estates Estate. ar~d Gift Tax Real Estate closely held corporations condominium law pro~essi8onal Member of the Florida Bar; American Bar Association; Delray Beach ~~~~ Chamber of Commerce: Chairman's Club; Boca Raton Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Patrn Beach County Historical Society; Member 'of Reat . Property and Probate Section of the Florida Bar; Member of Elder Law Section of the Florida Bar, DELPAC Objecthre 1 am a Oelray Beach native and have a vested interest in the success of .Delray Beach as a downtown landowner and businessman. 1 fee! that my skitls and knowledge as a long time Delray native and attorney will bring added depth to many of the City of Delray Beach developmental and review boards. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: APRIL 27, 2007 SUBJECT: AGENDA ITEM # -l. L ~ -REGULAR MEETING OF MAY 1.2007 APPOINTMENT TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Board of Adjustment. BACKGROUND At the City Commission meeting of Mazch 20, 2007, Mr. George Thacker was appointed to the Code Enforcement Boazd. This creates a vacancy for an alternate member to serve an unexpired term ending August 31, 2007. To qualify for appointment, a person shall be either a resident of or own property in the city, and/or own a business within the city. The following individuals have submitted applications and would like to be considered for appointment: Jess Sowazds A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2), for one (1) alternate member to serve an unexpired term ending August 31, 2007. RECOMMENDATION Recommend appointment of one (1) alternate member to the Boazd of Adjustment for an unexpired term ending August 31, 2007. 03/07 BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE 08/31 /2007 Siguxdur Hardester Manager Home: 638-4088 Appt 10/05/04 unexp alt Re-appto8/1G/05a1t 4308 Lakewood Drive Office: 923-1856 Re-appt 02/OG/07 unexp reg Delia Beac FL 33445 y h, Cell: 706-9096 Fax: 877-627-8006 08/31 /2008 Mel Pollack, Chair Director-Security Home: 272-7618 A1tApptos/19/03 800 North Ocean Blvd #1 Cell: 213-1990 Reg appt Ol/OG/04 Unexp Reappt 08/03/04 Delray Beach, FL 33483 to8/15/oG 08/31 /2008 Clifton Miller Retired General Home 499-4899 Unexp Appt 10/05/04 alt 4691 Hammock Circle Contractor Unexp Appt 04/05/05 reg cosr3troG Delia Beach, FL 33445 08/31 /2008 Harvey Starin, Vice Chair Realtor Home: 272-1665 Alt appt 01/13/04 Reg Appt 08/03/04 3596 Admirals Wa y Office: 272-7100 Reappt08/31/OG Delray Beach, FL 33483 Cell: 665-0900 08/31/2007 Lisa Shaheen Marketing/Public Home: 637-5776 Unexp Appt03/01/05 Re-appt 08/iG/05 3415 Lakeview Blvd. Relations Office: 865-4415 Delia Beach, FL 33445 Cell: 305-772-3328 ALTERNATES 08/31/2007 Bernard Federgreen Home: 265-3339 Unexp Appt 02/20/07 1260 NW 24~' Avenue Director of Delia Beach, FL 33445 O erations 08/31 /2007 Vacant Unexp Appt t.ontact: venlce (;obb x-7U56 Send Agenda to: Al Berg, Brian Shutt & Donna Quinlan Fax final Board Order to Chair Person for signature Copy of approved minutes to Donna Quinlan & Al Berg. S/City C1erkBoard 07Board of Adjustment DELRAY BEACH ~~t~ i 993 2001 CITY BOARD Please a oc ant the Eollowin information: OF DELRAY BEACH ~°`~~ MEMBER APPLICATIOWtECEIV J AN. 2 5 2007 JERK 1. Last Name:'S Uw~~ Name S ~SS M I.M 2. Home Address: G3S ~bU ST• City ~~ ~~u State ~~- Zip Code 3348 3. Legal Residence: !~ 3 S ~ap~ S'r• City ~Tal-~ State FL. Zip Code 3 3~8~ 4. Principal Business Address: 134 K•~. IS: 1~vE City AEUR.s~ ~~ State ~L. Zip Code 33~~4 5. Hume Phone: 9q`I -84~~- Business Phone: 27G - ~95~ E-Mail Address: 1~SS~CuFiuL 4~c Cell Phone: ~oG-~3G+ Fax: 2~3-6Ibi G. Date of Birth t Z -11-G o 7. Ace you a registered voter? If so, where ace you registered? `{ES Bocce 'R,4T~~y - PALM ~I~N c o . 8. What Board(s) are you interested in serving? Please list in order of preference: O /r V 9. [.ist all City Boazds on which you are currendy serving or have previously served: (Please include dates) ~ ~ v S lU. Educational qualifications: _ o - V~-{ O VG 11. List any related professional certifications and licenses which you hold: < < ,~rl~ of ~ 12. Give your present, oc most recent employer, and position: 'PRA ct hL W tt}.~ G v SO i V l ~ t o S 13. Describe experiences, skills or knowledge which qualify you to serve on this board: {Please attach a brief resume) S SuM I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts coma' m ~on cause f rfeiture upon my part of any appointment I may receive. ~-z~-o~ SI NA DATE Note: This application will remain on file in the City Clerk's Office Eor a period of 2 years from :he dace it was submitted. It will be the applicant's responsibility to ensure that a cvrcent application is on file. _. .. _ ~~.... ~ ___ .._..-... _. .. .~._ .....-. .. .. .`..... .... `.~~ ....vim ~.v viv. IV. L-fJJI IZ . J JESS M. SOiIKARDS, AlA Principal CDUCATIOP( • EachdororArrltltoduro University of Kentucky 1987 Rr~isTiu~on • An,bltects CertlHed: 19odda, M 132os • 14CARB, 8 ka881 PROEesslatvAl., ArrltlA~nores • American Institute of Architects - IRorldp AesodaUan, AIA Palm 6encls Chapter - rrea~dent gR(3A!'IIZATlo1'L9 do COMMUIYI'iY SBRViCC • City or De1rRy Eeecb Flaming and zoning - Past Board Membe • acy or Delray Beach aoaro orAdJustmenta - Past Vice Chair • City or Delray aeach 91te Plan Revie~r Board - Pest Member ac Psst Chair • Pineapple Drove Main Btr+oet Design Committee Member • Rotary Club of Delray Be~eeh -Pass sevrtary Jess Sowards,jolned the firm in the fall of 198? foi[owing his graduation with a Bachelors of Architecture from the Univer9ity of Kentucky. having worked at a number of architectural firms while completing his fonmai education, Mr. Sowards gained a good base lirom which to build on making him a valuable member of the Currie Design team. Nir. Sowards advanced quickly in the firm taking in many challenges which included the. design and reconstruction of a number of hotels, shopping centers end fire stations. in 1989, Jess became a registered architect in the state of F`lorlda and received his certiflcatlon from the tYationai Council of Architectural Registration Board (IYCARB). ifaving developed his skills to where he managed multiple p%jects from conceptual design through occupancy, Mr. Sowards was promoted to the position of Associate Architect with the -firm In 1991 and Principal in 2000. Community involvement is an integral part of hLs commitment to architecture and good design. Ere has participated !n numerous design charrettes including Old -School Square, Vlilage of Key Biscayne, Pineapple Grove Main Street and others. Mr. Sowards has been a member of Clty of Delray Beach Board of Adjustment, Clty of Delray Beach Planning and Zoning Board (currently serving as the chairman), City of Delray Beach Site Dian Review and Appearance Board, the Pineapple Grove l~'ialn Street Design Committee and Is currently serving as President Elect of the Palm Beach Chapter of the Florida American Institute ofArchitects. Jess was honored with the Hillard T. Smith Award in 2004E by the Palm Beach Chapter of the AIA for his active lezlders6lp In commuNty activity and service which was of direct benefit to the community. CURRiE • S4WARD,S • AC~UIGA • ARCHITECTS MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: APRIL 27, 2007 SUBJECT: AGENDA ITEM # ~ • /' 1 -REGULAR MEETING OF MAY 1.2007 APPOINTMENT TO THE BOARD OF CONSTRUCTION APPEALS ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Board of Construction Appeals. BACKGROUND There are five (5) vacancies on the Board of Construction Appeals due to member resignations, as well as, due to term limits being met. The terms for three of the vacancies are unexpired ending August 31, 2007. The terms for two (2) of the vacancies are unexpired ending August 31, 2008. Please note that due to a lack of applicants, only one (1) appointment is reflected in the appointment schedule. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. A person need not own/operate a business in Delray Beach. Membership is composed of the following: An air-conditioning contractor, an architect, two general contractors, a master electrician, a professional engineer, a master plumber, a realtor or insurance agent, and a sign contractor. Attached is a listing of the current Board members and their occupations. The following individuals have submitted applications and would like to be considered for appointment. (The applicants are listed by profession however, the applications are in alphabetical order). See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve an unexpired term ending August 31, 2007. RECOMMENDATION Recommend appointment of one (1) regular member to the Board of Construction Appeals for an unexpired term ending August 31, 2007. BOARD OF CONSTRUCTION APPEALS ~~EXHIBIT A" A/C Contractor Architect Maura Dersh-Wissekerke (also applying for the Planning & Zoning Boazd) -Does not have an architectural license but does have an azchitectural degree. General Contractor Electrician Engineer Plumber Real Estate/Insurance Agent (This vacancy has already been filled) Pearl Mazkfield Elrod (also applying for the Planning & Zoning Boazd) Steven Wallace Sign Contractor Miscellaneous Jayne King (Educator/Retired) 02/07 BOARD OF CONSTRUCTION APPEALS TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31 /2008 Office: Air Conditioning Home: Vacant Contractor Fax: 08/31 /2007 Office: Unexp Appt Home: Vacant Architect Fax: 08/31 /2007 Office: u~~p Appc Home: Vacant Master Electrician Fax: 08/31 /2008 Home: 865-2636 Appc os/o3/oa James Houck, Vice Chair Reappt02/OG/07 3763 S Lancewood Place Property Manager/Real Delra Beach, FL 33445 Estate 08/31 /2008 Office: Home: Vacant Professional En ' eer Fax: 08/31/2007 Office: (954) 523-5157 Unexp Appt 10/05/04 Reappt09/OG/05 patricia Neyra Home: 272-7975 114N.W. 70' Street Fax; 272_7746 Delra Beach, FL 33444 General Contractor Cell: 954 684-8805 08/31 /2008 Norman Rosenblatt Office: 665-1250 Unexp Appt os/20/05 Reappt02/20/07 13177 Vedra Lake Construction Home: 495-9591 Dekay Beach, FL 33446 Consultant Cell: 665-1250 08/31 /2008 Office: (954) 325-2727 Appt 10/05/04 Reappt o2/0~/07 Anthony Splrelli Home: 477-3207 21878 Palm Grass Drive Cell: 278-8747 Boca Raton, FL 33428 Plumber 08/31 /2007 Office: Unexp Appt Home: Vacant S~ Contractor Fax: ' contact: Venice Cobb 243-7056 Send Agenda to: Al Berg & Brian Shutt s~c~ty c~we~a o7isocA DEIRAY BEACH air-americaCity ~ r .~ 1993 2001 CITY OE BOARD ME Phase type or p=int. the kollowing inforn~atic>n: Post-it"' Fax Note ~e7 i j~~~~ ~6~ c;., ~~•~pt. Pha~a ~ / ~~ ~i`t ,1~1 ~]~ y~ Fax ~ { „ 'U~ J/L ~-Y 1. Last Name: Sii-wISSFKERKE dER Name Maura DL I: J ct1 C 2. Hot SE~ /t~s Avg ny~t #11 tv CiD'alraY Beach PL ~ ~4~4C1e 3. Legal Rcsidcncc: Same Giry s~ate 7.ip Code 4. Principal liusuiess Address: Gallo Architects & Development Company 1311 Newport Center Ur, w City Deerfield Beach Stitte F1 Zip Code 33dd2 5. Hoare C'Itone: 561.278.8999 Tiusincss Phc>nc: -954.794.0300 L-Mari 1~dclress: Maurajw@aol.com Cell Phone: 954.461.6623 l~ah. 954.794.0301 6. Date of Birch 2 April 60 7. Arc you a rcgisttred voter? if so, whcrc arc you roistered? yes- . VG'llat Board(s) arc you intcrestcd in serving? Please )ist in order of prefcrcncc: Planning & Zoning, Downtown Development Authority construction bd of Appeals T.ist all Cary Boards on which yon arc curtcntly serving or have previously scrvcd: {Plctsc include daces} H7.atoriC PreservFiC on Boar -2006 ? 1Q. F.c)ucational qualifi<adons: Bac o aar of Arch~.tecture 11. ~.~tst any rclatrd pr6fcssioual certificadans and iiccnscs which you hold; 1?. Give our present, or mist recent employer, and posiaocu ~allo Architects & Development comp, 1311 Newport Center DR Deerfield Beach Project Manager 13. Dcscrihe zxperiences, skills or kno~vlcdgc which qualify you t~ serve on dos board: (Plcasc attach a brief resume) I have been in aspects of Archicaccure for over 2oyra. I have lived and or workefl in Da1rRy site & zoniusa codes I hereby eerdfy chat all the above Stacemencs are true, and I serer anti undCTStatld tha[ ally a1155tatc[ilGrlt Gt [tla[Cnal faCCS contained in This x~pli~ti n tilay use forfciturc upon my part of any sppointmcnc i may rcccivc. r ' I a~' 67 ' ~ r-- Si<TNATURE ~r ~ ~ `-- ~' l)AT~ Noce: ?his app)icatiitn will remain ull file ul the City Clerk's Office for a period of 2 years from the dace is uTas subttueted. le will Ue the applicant's resp<>usibiliry co ensure chat a current application is on file. ~~~~~ 89l1~ltl~5 YOH 10:1$ FAa 5612433774 CJ I'y G[ERg ~ ~ 002 :. ~, ~~~~: f~1~~.8ER l~P~'I.~GA~~f ~~1 R E C E. I V E D - ~~~ - ~~°' - - X005 - - SEP 1 ~ - ~ ~~~ ~ >~ _ - ~ ~ ITY CLERK r- ~rr~ C. Nanne 0 ~ G-fie ~: ~ ~ e_ tn~- - '~ - - c~ - 3. ~r~i Ri~3eur,~ - ~ ~~` e0~ CL t '(~ ~J ~~ ~ . Smte -- ~c ~e al~:r~ a.. .~el ~~~ - F ~~1 - .-4_ 'P.t[ndpal~Bu~inass.A ~- ,.v~~J S_ 1 ~vL~ot~e/ ,_~mG .gam, ~v ~ Iv (~; . PTiorn~ .~C.I+2f~11>ld,~ Ccilp2iitinc - - S~t ta3~- ~ ~ b ~ ~ gee ~? -mac Soaed~~~.asegciirn-rem ice. - M ~ • - ~. ~istiIl~y ds oamhitfi p~x.zir ~ -~cTiS ~ ~'trt ~-~1,. C,11,~~n.c~. _ `~L. L~~ ; ~l/\ [~- . QY~'C,~ '- -V St~aw~ F~v+ist<g-scs*esd: (Piose indssdo - u. E_c~ , Irv, ______ 10. Ii~.aap ~t~d P~gl:c ~~ . icons snd.~~ ~ arm :hri~ - ice. Gn-z 7~r at ~sssst C ~, att~ pa~on. ~ - i ~~ ~ ar~4 ~, ~ -2. 6'Y~%t 1. ~Q,y t ~.~ ~-A1-~ bv-~: (~ Y'i1 c-ivy-~ ~ C.~'tc~' u ~-~ ~ -~,. S Y~~%- .. ,rj ~/ 1tisL i~ a~cnif,Y~ata'IY abcivicsoi ~'---_. ~,a _ ~ ~. :~ tom, ~c:~.~.I.-mod ~t3 , ~ W O CS -C. G fi Yh:::h)C ll •ibai :u ~ ~~~miice for£rita~c-~ ~-~ of arty a~'x I amp ceeeiv~~ of ... fsm... r, - - - ~ C~ .. ~~. - ~..~, '~Pn-~[-~ir an -~e.IU- tie- C' - _ sQb~mtaed. ~Yt ~v~l-bc rho ~s ~'r1ed~'s ~~ce f~ a nE;2 Y ~~ es~zs from.tlbc.e~y~ ~ ~v~s ~~nF c~ Vie- ~ a:c ~Q~~n.aF :sue iEi 3C~Cd :~3t I~I4+K~t II:~t !? ~ ! `:y i95I _,: 6i=~ St~~~! !F, i:'~.~{ 08/OS!OS 1~£D 14: J3 FAY 58129JJ774 CITY CL.ERI{ / Q00: .~e~~ DBRAY 6EACH - •~ {.E ~ f3 nls-AmeitaGtlr CITY OF DELRAY BEACH ~E~ -..;~ t ,- BOARD MEMBER APPLICA'~~0~ p~G - 4 2005 ---zoi r R~ Plclsc c oc tint cha Eollo i~nfounati 1. I~st Natn~ ~ 2.. HomeA~~:~ ~ C~ 3, csideac~ L~ r~ `, 4. Princlp~l nsiness AddLrs~. of ~/~i -~ /~~ ~ / T~-C Code Stzrr ~ Zip Codc sr:.~ -- ziP caae CellPhonc Fay 5_ Home'plcone: Bnsiue.~s Phone: lf1vLz~i AdytressjG~ ~~ G. Are you a Zeg?stezed vote=? ` 7 l If so, whe~:e act you ceg~s~cd~ ~. ,J ~ ~ ~~~~ .~ ~~ ~ ~ l~ 7 WhaC $~d s ue po~necces tcd is secviag~ Please list in cdcc _ prc`eceacc _ ~ j~~ ~ -`) / ~" A~ ~ ' `~ ;I'IL' I) ~,~J~!"~ `L ~~ ~%~ ~' i~ ~.%~ i Liz /`!. g. List all City Boards on which you a=c evacutly serviag or Gave previously serQed {Please indudc daces) ~G~c~ lo. List guy tehted pcoEessio~al cestlfications ~d licenses which You hoid 11. Give yonc p=cs ` o AAst rccc em~a ~~ ~~OII' ~..:~~ 7-i~ 2-.- hiih you a setae this l~O3c 1 e~acxach a brief csvme) t2 ne~~b~ 'ences, sldlts a o ~c, , . 2 9/ll ~ - f ~ /~~. ~~ ~~ ~ ,~- Z ,, L . i//71~~1• ~k' S ZU !l! /~--'L~~L1~1-Gi% l~~cY/ G-Ii~l7J G LcY ~Z I hereby, tify that all flit abovca~cements arc taut, and i agcec aad undersGt-d tbat any mictizce~ncnt of matwal faces _ o,n I ~y r~~. eont~. ~ this ' ~ tioo luap use fat duce upon my part of ans "QP ~ ~='D~ L2~L~ - T~A"LE SI A'CURL Note: 'itus applic~-dou will tcmzm on file in the-City ilCiLe coo ca t~irc that a cvs=~c appliatton is on file... to it was submitted-1t ~avill he the applicant's cesponsib . y sarYa~~^"rtON ~ G G9 `- li ~','~. ~/ ; j sJ" I-d dss=~o so ~o ~~e L ~ G(~ Name City M "- RESUME FOR PEARL "BL:-NNY" MARKFIELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REALTOR: C O LD WELL BANKER REAL ESTATE (22 YEARS) - PRESIDENT MERRITT PARK HOME OV~NER'S ASSOC 6 YRS BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY AND CURRENTLY VICE-PRESIDENT. MEMBER OF THE SW/NW REDEVELOPMENT TASK FORCE SINCE IT'S INCEPTION AND CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE. WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HAVE LIVED IN DELRAY BEACH 8 YEARS AND HAVE ENJOYED EVERY MINUTE OF IT. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- AND-I PARTICULARLY ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA. DELRAY IS DEVELOPING AS A WIDESPREAD EXAMPLE OF HEALTHY URBAN GROWTH AND I AM HAPPY TO BE HERE TO ENJOY IT! bee,-22-20D6 02:31 am From-RUDEN MCCLOSKY 18TTH NTST +9547644996 T-123 P.002/003 F-D04 DELRAY BEACH • i o • o ~~~ .CITY OF DELRAY BEACH ~~~~1~l~.C~ ~ ~ © BOARD MEMBER APPLICATIQI~E~ 2 ~ 2406 1993 ~~~ 2001 Please tune or nrint the fnllrnvinQ infi~m~,arinr,• 1. Last Name: ~Cf ~ 14Ce Name ~eLQ~ ~ M. I. ~ 2. I- ome Addres ~- Ci Sr Zi Code 3. Legal Residence: 4 ~ a Ci[y State 7_ip Code ~ ~. Principal B sin ss ~dc~.rc~ss: ~~ ~U~e~l V"ICC~~~~ ~ Y~, , ~ ~ City ,~~~- (BUG /, v State "Z lip Codc ~ifie lS~ ~~ ~~s~ I!~~~w..,~ t ~~ ~~ ~~a~ 5. Home Phone: ~~ - 3~~ - ~a s3 Business Phone: ~Sy-~~~a3 ~ E-Mail Address: s-f~~ ~. wG ~r~<<~ r=ell Phone: .~ r- c{vo 3~6 Fa ~ ~y ~ 3 ~ . cow ~a34 G. Dace of Birth _ 7. Axe you a registered ~~OCer? If so, Where are you regi,rered? ~ I`~a I '?3 ~~-~ IPA c ~ nc-}- ~-f~l {, J ~oc4 ~u~; -~-/o~~ S. \X~hat Boards ~ttc ou interested ' s f Plea a list ui order of -~ - cfcrcn c: a - ~~ ~5 ~i~-, .~ S 9. List all Ciry Boar son which }° are curs nrly servizig or ave previously scri•ed: (1'lc sc include dates) Or vl~ ~ a `~ `T ~ a Oo 6 -- ~les.~~ - f 10. du axonal ualifica[ions: -~~r, - h S~v ~ ~ rye t s (~;~ ~ ~ Lv / ~ Q ~ u.~, ~S, V~. S- <- ~-. ~n / vii -. ~~ ~ - ~~ w. S~~-~..e-e ~/1 ~ . ~sS a[iy rela ed~oi~ -sional cc_rafic Lions an 'censer ~vlucli you hold: ~- '~- rv / '~ ~~lLt'~ ~f GC~7S(~C~ ~ ~(C~~k' l-4~/ lT'! ~~ S~~2o'f ~~ 12. G- .r yo resent car most r cent employer, d p sition: `LS ~ f~'~r~22c- (~U G~-?~~ ~/LI G CI oS - Cdr ~~e~dc~ . ~ -~1~~i~~ 13. De ~ ~~-peciet~ces, ~ s ~r knov eel c which qualify you to s ~ ~c on ~liis board; (Ple.~c tech a Ur_ief .resmne) l ~ u ~~ ~ r G~~~~~~ j,~ wr ~ ~,, G -~ ~ 4 r ti P~ ~ l~ - /~ Cl ~ ~ ~ 4 ~ . ~.c -e c I htreby ce[tifY chat all the- above starelnen[s ace [rue, and I agrcc snd undc. , Cand L'l1Rt any misstatement of material facts conraii ed - this p ~ .a ~~ may cause forfeiture upon m~ pare~:of any appoincmeot I ma4 receive- ` ~.~ _ ~a ~ a ~. /0 6 tiIC=N.r\TL)RE D~\ITi ~~ ~~ +~lJ4G 1 ~ UJ M11J1JL~-RLLVII '<</111 rCIIlillII OII IllC In Cr1C l..lty ~.icrx s vtttcc for a pcnod Ot _~ years from the date it was submi[tcd- It will he the applicant's responsibility to ensure that a alrrent application is on file. De~-22-2006 02:31 pm From-RUDEN MCCLOSKY 187TH NTST +9547644996 T-113 P.003/003 F-004 STEVEN E. WALLACE 4301 N.E. STH AVENUE ]30CA BATON, FLOR1llA 33431 Telephoner (561) 400-3896 Email: rcrun34440(a),aol.com EDUCATION: Syracuse University College of Law Juris Doctorate, cum laude Syracuse, Netiv York MaY 1999 CPA: 3.~, Top 10% Honors: Associate Editor, Syracuse haw Review, Tax Moot CoutZ Team, Justinian Honorary Law Society Brandeis Universiry Waltham, I~fassachusetts CPA: 3.33 Bachelor of Arts in American Studies, Cum Laude May 1995 Activities: Member, Phi Kappa Psi Fratemiry, Disk Jockey and Spores Anchor, WBRS-FM E?~PERIENCE: Roden, McClosky, Smitlt, Schuster, c~ Russell, P..~, 2006-Present Real Estate and Banking Associate Fart Lauderdale, Florida Central Isrge-scale developer representation in every s[agc of the development process involving transactions throughout the lbritcd Sates. Raprescntation of public companies in purchase grid Talc transactions tend commercial leasing matters dtroughout the t.Jnitcd State;. Practice also includes national lender rcpresentatian in transactions throughout the United States, including construction. condo-hotel tend condo-comcnion loans, and corporate finance. Coaster, Yoakley R: Ste~Y3rt, P.A, ~t-05_3006 Real L•state Associate V~'est Palm Beach, Florida General real cs[at~ pr~cticc, including developer representation in`cvcry stage of the development process from land requisition. negotiation of conswcuon contract, negotiation of finance documents, preparation of association documents to closing of eompktcd units. Practice also includes rcprescntation of various property owners in purchase and sale transactions, commercial leasing mauers, negotiation of property manag~mcnt agreements. and general lender representation, including construction loans, acquisition and development loans, and corporate finance. Wallace cC: Mellinger, P.A. 2003-2005 Founding Shareholder Boca Raton, Florida Pouhding shareholder of boutique firm with a broad based practice including title insurance, residential and commercial real citalc, corporate >ecurities, commercial litigation, communiry associations. reed e5tatc fnance, and land use, Sachs Sax Klein, P,A. Corporate and Rcal Esta[e Associate 3003-2003 Baca Raton, Florida Drafted real estate purchase agreements, commercial leases. and corporate merger sad acquisition agreements. Winstead Sechrest and Minick, P.A. Corporate Securities Associate ?000-2002 Dallas, Texas Drafted Gnancc agreements, securities documents, ,verger and acquisition agreements, and general corporate contracts. BAR.4DMiSSIOPIS: New York (?000), Texas (2UU1), Florida (2U02) OTHEIL DISTINCTIONS: approved title agent with Attorneys Title Insurance Company and LandAmerictr, 1-icensed Florida mortgage broker. and Licensed Florida Rtdltor. COMMUNITY ACTIVITIES: Board Mcmbcr, Ciry of Boca Raton Environmental Advisory Board, Doard Mcmbcr and Classroom Tr:acher at Pompano Beach High Sdtool, Junior Achievement of South Florida Professional Connection, biembar, Pulm Beach County Democratic Executive Committee, Volunteer Coach, Wcst Boca Basl:eiball, Voluniccr, Jewish trig Psl Prot;rarn, and tvlcmber, Young Adult Division of 13ro.+tu~d )cwish Federation. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: APRII, 27, 2007 SUBJECT: AGENDA ITEM # ~ - ~ -REGULAR MEETING OF MAY 1.2007 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Parking Management Advisory Board. BACKGROUND Mr. Jorge Ramos, representative of the Atlantic Avenue and State Road AlA Corridors and lying east of the Intracoastal Waterway, submitted his resignation from the Parking Management Advisory Board effective April 16, 2007. His resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending January 31, 2008. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A-1-A within the corporate limits of the City. The following individual has submitted an application and would like to be considered for appointment: Bonnie Beer Caffe Luna Rosa A check to confirm that she is a registered voter was completed. She is registered. A check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Montague (Seat #4) for one (1) regular member to serve an unexpired term ending January 31, 2008. RECOMMENDATION Recommend appointment of one (1) regular member to the Parking Management Advisory Board for an unexpired term ending January 31, 2008. Parking Management Advisory Board Page 1 of 1 Cobb, Venice From: Jorge Ramos [forge@theeirecompanies.com] Sent: Monday, April 16, 2007 9:59 AM To: Cobb, Venice Subject: RE: Parking Management Advisory Board Venice I am writing you inorder to resign my position on the Delray Beach Parking Advisory Board. Jorge Ramos From: Cobb, Venice [mailto:cobb@ci.delray-beach.fl.us] Sent: Monday, April 16, 2007 10:04 AM To: Jorge Ramos Subject: Parking Management Advisory Board Hello Jorge, This is to remind you that I need your resignation from the Parking Management Advisory Board. Thank you, Venice Co66 E.~ecutive Assistant/Board Liaison City of ~DeCray Beach 100 N.?N. 1stAvenue ~DeCray Beach, F'Corida 33444 561-243-7056 4/1.6/2007 PARKING MANAGEMENT ADVISORY BOARD 04/07 TERM MEMBERS CATEGORY TELEPHONE EXPIRES 08/31 /07 Mark Krall P & Z Home: 330-0215 Appt 09/09/03 1405 S Federal Hwy #141 Office: 276-7424 Reapptll/22/05 Ratified 12/13/05 Dekay Beach, FL 33483 Fax: 278-6909 08/01 /08 David Cook Chamber of Office: 276-4194 Appt 07/18/06 901 SW 33'd Place Commerce Home: 732-4193 Ratified 08/15/06 Boynton Beach, FL 33435 Fax: 276-4190 07/01/07 Thomas F. Carney, Jr. CRA Office: 330-8140 Appt 07/24/03 1219 Vista Del Mar Drive Home: 272-5010 Ratified 08/19/03 Reappt 07/28/05 Delray Beach, FL 33483 Fax: 330-8233 Ratified 09/06/05 09/30/08 Peter Perri WARC Home: 243-6360 Unexp Appt 05/10/06 65-H NE 4'~ Avenue Cell: 441-1175 Ratified 07/11/06 Reappt 09/13/06 Delray Beach, FL 33483 Fax: 243-0043 Ratified 12/12/06 08/01 /08 Herman Stevens DDA Office: 278-1988 Unexp Appt 06/12/06 75 SW 5`E' Avenue Home: 272-7477 Ratified 07/11/06 Reappt 07/20/06 Delray Beach, FL 33444 Ratified 09/05/06 The representatives above are ratified by the City commission. The re resentatives below area ointed b the Ci Commission. 01 /31 /08 Mark Denkler Atlantic Avenue Corridor Office: 276-6570 Appt 02/21/06 320 NW 9`'' Street Between Swinton Avenue Home: 265-4745 Deka Beach, FL 33444 and the Intracoastal Fax: Ol /31 /08 Atlantic Avenue Corridor Unexp Appt Between Swinton Avenue Vacant and Interstate 95 01 /31 /08 Atlantic Avenue and State Unexp Appt Road AIA Corridors and Vacant lying East of the Intracoastal Waterwa 01 /31 /08 Cecelia Boone Old School Square Office: 302-8978 Unexp Appt 03/21/06 220 NE 151 Street Historic Arts District Home: 302-8978 Delray Beach, FL 33444 Fax: 278-6221 Email: O1 /31 /09 Nancy Schneider Citizen-at-Large Home: 265-3236 Appt01/07/03 41 East Road Cell: 305-720-4464 Reappt 0l/04/05 Delray Beach, FL 33483 Email: melsacharow ~uno.com 01 /31 /09 Troy Wheat Citizen-at-Large Office: 243-2219 Appt 01/06/04 Unexp Smith Barney Home: 737-1308 Reappt 0]/04/05 Reappt 01/02/07 ~ 55 NE 5 Avenue, Suite 400 Fax: 243-2250 Dekay Beach, FL 33483 Email: Trod- . d. wheat(a~ amithbarne com Contact: Scott Aronson -Parking Management Specialist 243-7286 Commission Liaison: Commissioner Gary Eliopoulos PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS 04/07 TERM MEMBERS CATEGORY TELEPHONE EXPIRES 08/31 /08 Joe Pike ffice: 274-6500 Appt 08/18/06 315 Lake Eden Way & Z Home: 243-0060 Ratified 10/3/06 Delray Beach, FL 33444 ell: 706-6360 08/01/08 hamber of Commerce acant 07/01 /08 Peter Arts ffice: 395-1433 Appt OG/08/06 1746 Fern Forest Place RA ome: 637-3640 Ratified 07/11/06 Delray Beach, FL 33445 ell: 703-4770 ax: 395-4755 09/30/08 eginald Cox ffice: 265-1030 Unexp Appt OG/14/06 15 NW 2"d Street ARC ome: 272-8805 Ratified 07/11/06 Reappt 09/13/06 elray Beach, FL 33444 ell: 573-1131 Ratified 12/12/06 ax: 265-1131 08/01/08 ran Marincola ffice: 274-8898 Appt 07/20/06 1138 Vista Del Mar Drive DA ome: 274-4455 Ratified 08/15/06 elray Beach, FL 33483 ell: 251-5885 ax: 274-6778 Contact: Scott Aronson -Parking Management Specialist 243-7286 Commission Liaison: Commissioner Gary Eliopoulos f~~4/f~l/^_13f_~7 ^1: f~5 551^_719957 LI_IlIA ROSA Pa~~E f_1^/~^_ ~tYU;,roFACH RECEIVED ~~ APR n ~ 2007 ~ ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICA.TI~TY ~L~:t~~C 19y3 200't ~Pleasc e or Tint the folloQin~ iafozniatioa: y'~/oq l . Last Name; ,''~E,~ Name f ~ r.) r ~ tom- rs. I. ~. Nome Ad rss~.. _ to ~ 7i. Code ~. Legal Residence: 7Yity State Zip <~ode ~. Ptinripal Business Address: CirS* State Z.il, Code ~~ ~~. ~ ~~ 5. .Home Pftone: Btitsiness Phone: E-I~fa.il Addres ~. -Cell Phone; ^_ Fay: ~~~ ~- ~~ ~ ~ ~~~ 1 ~ .. C~cZ ti G_ ~, ~7 t.P I = ~ ~ ( ' 1-1 ~ ~~-~I J-~~ - ~ - ' ~ . ~ -~ ~ i k ~ C G~i£~ I~.in~1 ro~r~ . ~ ~ 45 ~ ~:1 ~.-t - (Y Z)ate of Birth 7. Are you a registered vOtex~ tk so, where alre y o u registered:' ' ' J 1 K; mac Tioard(s) are you i,zte.rested in scz vingr Please ]isr in. order of preFerence; 7i List all. City- Boards nn. w.hidt you are cuzrtntly servui~ nt have previously srryed: (Please include. dares) 1 ~). ~ d icatioual qu- if cacians ~ - ~ ~~ l'I, L1sC anx )3.fP.~ ~rotessional cert:i{~c;ati s an~ licenses uch ou 1.i.p1cL• i ~. G.iv~ yo resent, r~z nx?st recent et . Ioyet, and E~o.ition:_ ~ _ I~. Decc,.ihe. expetiencca, skills or knvwlcd~r. which gvalifj. you to selRe nn this bo d: (Please attach a brief resutnc) I hrlrhy certify rhat all the above tat:erncnts are true, and I agree and ,inderstand that any ~.t~isstat~sncnt of marerial facts co4i . -ne~l in this applicati.crh~inay cause fozfei.tute upoiz my part of any appoi.+attnent I may rercive .. ~ ~~ ~C- t (~~- D ~r>= T.Ti-. -n. .. is ~» - - . . ..-_- ~rt.___,.,...-..,. --,.,. ~~..~..~~..~ ...~, i,i~, „i u,c ~ .icy ~ lcrn 5 llfRC2 IOI d pEraOd f~[ ~ 4T@.a,IS tmm. the date it was 3ubinirrecl. Tt will be the a.pf~licant's responsibility to ensure that a current application. is nn file. 1~~31111/ _UE7 r _1 : E7b tibl _ r 4•i•~~ r LUNA F:US~ PA~~E Q1/©^_ 7~ Italian Ae~[auron~~ G,. Thy is~od, PIN K B A R ~ Luna. Raffia MOON RISTORANTE L naRosa April ?, ?On7 R.e: Parking Advisory Board .A.pplication for $oimie Beer To Whom It Ma}= Concern: I am subnurting an application to become a Board Mezrzber for die Parl;a_n.g Advisory Board. I wish to fi.l.l the space which. ~vi.ll be vacated I,y .large Barrios. I have been. and cun-ently a~.n the Office Manager /Controller at Gaffe Luna Rosa .fot the past 7 years. l:n addition T was a resident of Delray Beach from 1.997 - 2001 on NE 7`fi A.ve as a renter and from "1001-2006 an NW 2"d Ave as an. o.~=ner. T feel that I would be a quali.fiecl member because after living anal operating a business in the. City of DeJxay $eacll I ain very aware of the parking issues that face the residents, busi.rxess owners and emplo-gees of the. City. 7 knour zaany of the local business owners in addition t:o s~~nte of the zuembers that cutxetttl,y reside on the parking Board and feel that I carp effectively con~-mtmicxte. u=itll them.. Please consider zny application as I ~xrould very tz»rch look forward to working with the City to make it an evezl better place to live and work- ~'o rs holy, ~,LQ. Bonnie Beer C A F F ~ a 34 South Ocean Blvd., Delray Beach, FL 33483 ~ Tele: 561-274-9404 R I S T O R A N T E c- 2096 NE 2~~ Street, Deerfield Beach, FL 33441 ~ Tele; 954-429-8386 www.caftelunarosa.com Office: 365outhOcean Blvd.. Unit Al, Delray Beach, FL 33483 / Te1e: 561-274-8898 Fax; 561-274-9957 Warehouse: 1865 SW 4{h Ave, Unlt De, Delray Baarh, Fl. 33444 ! Tele: 5f~1-243-3724 Fax: 561-243-3026 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: APRIL 27, 2007 SUBJECT: AGENDA ITEM #"l . ~ -REGULAR MEETING OF MAY 1, 2007 APPOINTMENT TO CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Civil Service Board. BACKGROUND At the City Commission meeting of March 20, 2007, Mr. Eric Luckman was appointed as a regular member of the Civil Service Board. This creates a vacancy for an alternate member to serve an unexpired term ending July 1, 2008. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted applications and would like to be considered for appointment: Name Background Elaine Calabrese Retired-Principal Clerk/Typist Diane Franco Sales/Financial & Real Estate Investor/Property Management Sidney Grossman Retired-Civil Service Employees Association/Law Enforcement (currently serving on the Public Employees Relations Commission) Morris Weintraub Construction/Machinist A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor Ellis (Seat #5) for one (1) alternate member to serve an unexpired term ending July 1, 2008. RECOMMENDATION Recommend appointment of one (1) alternate member to the Civil Service Board for an unexpired term ending July 1, 2008. CIVIL SERVICE BOARD 03/07 TERM EXPIRES REGULAR MEMBERS CURRENT TELEPHONE OCCUPATION 07/01/2008 Emily Dobard, Chief Examiner Home: 278-9795 vnexp Appc OG/z~/os 210 NW 6~' Avenue Educator Office: 278-9795 Reappt o6/20/06 Delray Beach, FL 33444 Cell: 573-2908 04/30/2007 Scott Aronson Office: 243-7286 Elected o4/26/06 planning Department City of Delray Beach Parking Management 100 NW 1st Avenue Specialist Delray Beach, FL 33444 07/01/2008 • Kristin Christensen, Vice Chair Office: 939-6776 ApptoG/08/04 777 East Atlantic Avenue Z-155 Vice President-Sales Fax: 330-6422 Reappt06/2x/06 Delray Beach, FL 33483 Cell: 952 221-5280 04/30/2007 Jennifer Reynolds Office: 243-7192 Fleeced o4/27/os Re-elected 04/26/06 Finance Network Engineer City of Delray Beach 100 NW 1r` Avenue Delra Beach, FL 33444 04/01 /2009 Eric Luckman Attorney Home: 737-4791 Appt 03/20/07 821 SW 34~' Avenue Office: 737-3133 Boynton Beach, FL 33435 Cell: 436-5414 Fax: 737-5180 ALTERNATES 07/01/2008 vnexp Appt Vacant 04/30/2007 Rodger Ribeiro Office: 243-7256 Elected 04/27/OS Parks & Recreation Recreation Re-elected 04/26/06 City of Delray Beach Superintendent 50 NW 1st Avenue Delra Beach,. FL 33444 Contact: Venice Cobb 243-7056 S/City Clerk/Boud 07/Civil Service 1~RRAY BEACH ,..... . CITY OF DELRAY BEACH _® BOARD .MEMBER APPLICATION 7993 2001 Please type or print the following information: ~ _aQ~d 1. _ Last ame: M L 2. Home Addres • ~~'I C~~ f S ~' ~ty ~ ~ ~J~ State Zip Code 3. Legal Residence: City State Zip Code S~m~ - 4. Principal Business Address: City State - Zip Code 5. Home Phone: ~ Business Phoney E-Mail Addres • ~ f}~ItJ~ C (cj'ci Cell Phorie: ~ / Q 4(,~ t Fax: 6. Are you a registered voter? ~ /E~ If so, where are you registered? . 1' ~~~1x~~~h v B~, y.. (t B ~a~(s)~e you interested in sewing? Pl list in order of prefe ence: ~ - ,$. list all City Boards on which you arc currently serving or have previously served: (Please include dates) 9. educational qualifirarions: . es ~ -~~-~- ~~ l e e ~F~~ ~.o~~ "io t©. List any retied profes~ionaT certifica 'ons d licenses which you hold: ~ /~ f ~- amt o ~''~-~'~ ~t~ ~ ~ ~ -~~~ ~ _ 11. Give your presen .or most recent employer, and sition: t C. t ~.~ ~ 1-2,V- C.' ~ s - ~'1/',~' C ~ F/N~. v~~ t ~ ~ _ ~e~-1(`Pc~ 12. Describe experiences, skills. of knowledge which qualify you to serve on t hi s b o a r d: (Please attach a brief resume _ ~ ,, _ _ _ / .L ,. ~' - _ ~. `(' ~(~%r1!3~- fir'».~YZ~ ~ G~ -~ Q t/O ! ~~ tam I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts . con this applic~a ' n m e forf ' e upon my part of any appointment I may receive . / 51~i~tATURE DATE Note: This application will remain on file in the City Clerk's Office ~ o years from the date it was submitted. It will be the applicant's responsibility to ensure that a cur~~~~I](~,~ ayp{~~j~]i~ lion is on file. . J U ~ L J CVY~ SVLT[YCIF.RK~BOARDlAPP11CATION '1 _ ._.. ~, rr11I ~~~ ~~~e~~ ~ _ .. .. ~ ~~~ Qbyeetide: ~'o-serve the City ofl~lfay-Beach ih esta~rlishi~g.vialil~ 'ftagement relatio~is: April 1977 -- dune 2000: Neer dersev City Uai~rersity - 2039 Kennedy Blvd 3ersev City, Nd 07302 Principal Clerk-Typist =History and Worrien's:Studies ~~ufies ittcluded all types-©f retarial work,--i,e. answering phones, computer skills;. filings corr+espnddence; expef#ise iii maintaining iiiventbr~ anal' office ~ equip~neirt; .liaison between faculty. and. students, supervising .a .number ,of student employees. - 1_I'nion Activities: Conrnicatio~ts Workers of America; Local 103 i, Branch .President at New dersey City University 1979-1983; Shop 3tewiird 1983-1998. Special Training. Affrfnative Action'1'raitri~ig sponsored 1}y the State ofNd - 1980 - . Civil Services Rules and Regulations for NJ sponsored jointly by the State of NJ and CWA Local 1031- 1981 Certifications and Awards: Affirmative Action Trainung - 1990 Customer Service Training -_1998 Honorary Alumna -1980 $mployees Suggestion sward -1.980 . CWA Cert~cate of Appreciation -1988 S :~ DBRAY B~1 • .. , ~ ~~~~~ ~ ~ ~ CITY OF OELRAY BEACH ~~•~ BOARD MEMBER APPLICATION ppR 1 ~ Z00~ 1393 ~ ~.. ~„~~ . 2007 ~, t Please or riot the folio information: 1. Last Name: Name ILL L ~~l / C o r ~,/~= 2 Home Address• City State Zip Code 3. Legal Residence: City State .Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone:. Business Phone: IsMail ddress: Cell Phone: Fag: 6. Are you a registered voter? y~ If so, -here areryou registered? ~ObC P ~C /Nr~T -~MMANli.EL CATj~,,~rc 7_ Wliat~ aril(s) are yC ~/tad in serving? Please list in order of preference: ~. • ~ SCE /v I<7ty ~ /~Z o N~ ~~li~,P 8. list alI City Boards on which you are currently serving or have previously served: {Please include dates 9. Educational qualifications_ . ~GN Sc oo L, Gi?A.t~r~ - os~ ~' ~ d~%~' ST~oi~'S : 7' ~13NS ~~G'I-D >9~ 1,w~ ~'c~oo l ,~~. `N~~A o~PS ~/~.~ /VC~..~ ~ AaSfl. >Yov~- . 10. List any related professional certifications and licenses which you hold 11. Give your present, or most recent employer, and position. •~yc o PiPo ~ T ,~= L ~ ~. 12 Describe experiences, skills or knowledge which qualify you to serve on tliis board: (Please attach a brief resume) ~ ~ . ~ ~ -I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts co ed in this ap\plic~at~ion~may cause forfeiture upon my part of any appointment I may receive. SIGNATURE DA ' I Note: 'Thts appltcatton will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted .It will be the applicant's responsibility to ensure that a current application is on file_ s~xnra~eoexnUeruc~no~v ~R G~ DIANE FRANCO #12. In addition to raising and supporting my two sons -as a widow in South Florida during. the 1980's and -1990 selling advertising for a local Delray weekly newspaper, I had the opportunity to be employed in several positions that honed.my interpersonal sales skills. During the past 5 years I have concentrated my efforts both as an investor in both the financial markets as well as the local real estate market, acquiring, developing and pn~ently manage several residential and commercial projects in the City of Delray Beach. OEL3tAY BEACH . ~ o .~. , AN,14neiicalSly 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information 1. Last Name: ~ ~ Name ~~ NL L _.__ 2. Home Address: ~_ ~~ .~~~ Pte- ~~y~ '~ City v~.~ ~•1~ State -'Z Zip Code 33- -~~ 3. Legal Residence: City State Zip Code 4. Principal Business Address: ~ ~/ City ~ State Zip Code S. Home Phone: Sbr . YES-a ~a~7 Business Phone: --~ PrlVlail Address: s~o ~a.r z z~ ~~ Cell Phone: d Ss - ~ y~r~ Fay fs bi~ G 3~- ~g y3 6. Are you a registered voter? YES If so, where are you registered? ~'!~~ ~j~ ,~.~ c~ 7. What Board(s) ate you interested in serving? Please list in order of preference: ~v.~L~. F/ii ~Lv ,r~,j'. 2 se^ ~fl Ga ~ ~s .v c. < JAG. s~2wc~ %~v,~. $. ~ List all City Boards on which you are currently serving or have previously served: {Please include dates} 9. Educational qualifications: 10. List a.ny related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: ~^ fL/f. s~v/r S' .I~/~ r L T' r..r, ~ rfl:,~~ Jv r'f ~L~ Gv . ~' II~~: ~«~ j~~'T~/I.,~~ ~ i~'~~c'~ . 15'~i~. ! ~ S 2 12 Describe experiences, skills or knowledge which qualify yo to serve on this board: (Please attach a brief resume) /L % Jv r ~ I hereby certify that all the above statements. ate true, and I agree and understand that anp misstatement of material facts containDed to this application -map cause ~forfeitute upon .my part of-any appointment I may receive. sf ~~ ~_ _ ~ 4..G GNATU i i DATE Note: This application will main on file in the City Cle s ce o eriod of 2 years from the date it was submitted. It will be the applicant's responsibility nsyT1-r/e~ }`~~~ current application is on file_ 1 `! ~V~~ y1(11'ypERIQgOARDIpPPCIG770N ~~~~ (:ITV f`I CQII During the late 1960's to mid 1970's, I served.with the Civil Service Employees Association in Suffolk County, New York. I was the white collar Grievance Chairman, mediating and settling grievances between management-and labor. I also served as a member of the Statewide Legal Committee, which met in Albany, New York, forthe - purpose of adjudicating the~amount of legal assistance to state-and local-employees in fioth grievances and charges brought against them. As an elected- CSEA official, I was .the county's representative to the Statewide Board of Directors. - From the mid 1970's until my retirement in November 1992, I was successful in forming the Suffolk. County Detective Investigators Police Benevolent Association (the Iaw enforcement arm of the District Attorney's office) and getting it certified as a separate bargaining unit within the county and state. As President for the first sixteen years, I assisted our attorneys in collective bargaining, arbitrations and any other inter- actionwith state aid county officials. ~ . During this timefiame, I 'was also a member of the Legislative Committee of the lVietropolitan Police ~Gonference. and served on various statewide committees of the Police Conference of New York State. ~ - Although I. worked on the union side of the table; in my-many years of experience, I was able to comprehend.the views of management. - s~~N-Y ~~s~s~~ - - •• 'rii ioa P.i• s.ot~ i-r- ao is+.s: amt 'i4~-J~:i-~4 '•"-^yzi.~ wct~y ~ rc:-wa t':atat t91 Cl ~~z' ct~ ~F~2 • ~ ~~f - ~ 0 ~ " , ~a A 4SS3 rLQ.SL ~CY]f 9IIII~ IDC •~1[~JI!)4-H1b 1ri~inr»-..h.s.,- APB 7 n 2005 - .1,. T:~I~ ~ Namc_ ~~ _ ~^ ~ olLi2t S 2- T~vnieA J ~ ~ - - on c - ~ ~ -C ~ -~tY ~ /~ t+~ 1.! ~ ~ 'Smre . -troi]e ~: ~j ~~~C~ . r . ~ ~..La~l.. Jr. ~L (P~tOAC; ' ~~~ +~~C _ ~s-i ~ ~a~4~tC5Srrei~. P~IIC: ~"d~ _ d. Au pow A t~sut~-votxit if so, whcze'szti pau ~~ 7. WbYt:Board(a~]lCpOII•][lE'P1'C#tGS~-tf19CLV}~PkIIfttr~9E7RQUlgO~~t~f~ _ ~ •.•._~((.. _1 C . l l.`[ L ~ ~ ,Q J i L Lam' ~prtl~'~?~tJ GT/D ~/ ~j~c ~¢ G S - ~. Lesi ajf ~1ty ~oatds ou 'yoQ arc ~~ $~ OL I12YP' ~tlousq scc4od: ~P1~= xudude uxtcsj ~• ~- Fduactso~al q~tfi<~a~tx 1c7. I isc an~r rclaccd Qno~isioflal orstifi~dQ~s aad iis~ass~ which tau ham: f/-~~ t~~ II. Glv:e~ut Dteseut, ot.znosEretefx ettipjp_ ~ ~~ Q~[2t3a: . • _ - --7! ~- ~CSC71~bcc.~GriengC~ sk>Ylscu ~awiddgC vfhic$~.y~ to attve.oa :tots- ~ {~ctscatkAd~-a ~oieft~ume~ ] 'I•~bJ P.it~f t}Y~t i~'t~ic ~O~ Sbt30.,IDCaTS'1LC mtl~ aadl a~ncc iII~ t]II<SCftL2p,~ Q1gig~~S6k~CF7latkCAEItiBTt~I'~j„~ ~ont~a3 il~ ~ suaa >n~ C• r " . . . Y o cult a~ i aid gzct o~~j tcppatnfineat j,Rixg rcgr~v~- / / / ~at~tE - •~ ~i7E i' N~~ lbis zpprli~auqu wili~,crbain fsn=$Ic in the C- t~ ~ sabno~i~.ted_ It.w~U.ht tip ~'' . sr~s Offt~ fvr ft Q~ood ~f2 years fcom'the t~atc it was appk~ot's. xesponsaa~7up tp ensure tToa[ n ,-~taeat app~on is. on.,,,'~. ~,~ /'n MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: APRIL 27, 2007 SUBJECT: AGENDA ITEM # "I • ~ -REGULAR MEETING OF MAY 1, 2007 APPOINTMENT TO POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Police and Firefighters Retirement System Board of Trustees. BACKGROUND . The term for Mr. Melvin Sacharow expired on Apri122, 2007. Mr. Sacharow will have served one (1) full term is eligible and would like to be considered for reappointment. In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two public members of the Boazd of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applications and would like to be considered for appointment: Adam Frankel Glenn Goss Melvin Sachazow Incumbent Glenn Schuster (currently on the Code Enforcement Board) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regulaz member to serve a two (2} yeaz term ending Apri122, 2009. RECOMMENDATION Recommend appointment of one (1) regulaz member to the Police and Firefighters Retirement System Boazd of Trustees for a two (2) yeaz term ending April 22, 2009. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES (No Term Limits) 04/07 TERM EXPIRES REGULAR MEMBERS APPT BY TELEPHONE Indefinite Greg Giaccone Fire Chief Office: 243-7450 To replace William Adams Battalion Fire Chief effective 05/17/06 Fire Department Indefinite Captain Mark Davis, Vice Chair Police Chief Office: 273-7872 Police Department 04/22/2007 Melvin Sacharow City Office: 243-2857 Appt 05/17/05 2560 Riviera Drive Commissioners Cell: 445-6863 Dekay Beach, FL 33445 (2 yr term) 04/22/2009 Sergeant Brady Myers Police Dept Office: 662-8997 Appt o4/22/05 Police Department Reappt04/07 06/30/2008 Alexander Simon City Office: 789-0928 Unexp tetm 02/07/06 220 MacFarlane Drive PH#6 Commissioners Home: 243-8998 Reappt 06/zo/06 Delra Beach, FL 33483 2 r term 04/22/2008 Officer Charles M. Jeroloman, Chair Police Dept Office: 243-7800 Reappt oa/o4 Police Department Reappt04/06 04/22/2009 Lt. Joe Ligouri, Secretary Fire Dept Appt 04/99 Fire Department Reappt04/01 Reappt04/03 Reappt04/OS R t 04/07 04/22/2008 Lt. James Tabeek Fire Dept Office: 243-7426 Unexp Appt 10/05 Fire Department Appt04/06 Mayor Ellis (Mayor is sitting member) Contact: Anne Woods 276-0512 (fax) 243-4707 Commission Liaison: Mayor Rita Ellis S/City Clerk/Board 07/Police & Fire Board of Trustees DElRAY BEACH (~~~~ . . e ~ e ~~ ~ p~~ ~s .; ~ CITY OF DELRAY BEACH ~'~~, ~~, ~~ ® BOARD MEMBER APPLICATION ~~ boos O zoo; C~~ Please type or print the following information: Flo 1. Last Name ~~ _ _ RAN Name ~~ ~ M :J•~ M. I. L. 2. Home Addres • ~q3 s N w ~ z~ Sr ~ A- Cttp~ ~ ~ ~ ~ )~ SQL ,~ 3~y 7 e 3. Legal Residence: ~s~ ~ ~ - b~ a~~ ~ ~ City ~~ ~~- State r-~ Zip Code 33yg3 4. Principal Business Addr ss: 2oa W. Qa~M~nro Qt. ~.D Sr4 ~I City ~ ~^' State ~L Zip Code ~`t3Z 5. Home Phone: 2(~j ~ D~~ Business Phone: 3 a2 - X31. S F1Mail Address: ~"%'~A~~• Cell Phone: ~ • Z - ~) ZS Fax: ~4 `{ ~ o r Y ~ 6. Are you a registered voter? ~ ~ I so, where are you registered? ~(-~,~~ 7. What Board(s) are you interested in serving? Please list in order of preference: • m'.tC.f.. ~ o ~tf~ . ~ ~[~ 2~.Tt ~ia^c.^' tr ~ Q~S-r~.c 8. List all City. Boards on which you a currently serving or have previously sewed: (Please include dates) .~---- 9. Educational ualifications: q ac~rc t o y o ~ /•~^-n - i I~.~- ~. ~- S~ uti,;,c.~ s ~~~, ~o«~ - uNt~~,.~~ ~~ l~r~~ 10. List anp related professional certifications and licenses which you hold: 11. Give your prese or most cent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements ate true, and I agree and understand that any misstatement of material facts co din thi p canon may u e forfeiture upon my part of any appointment I may receive. - L---... - . _.. _.. ~~ Zti . SIGNATURE - _ ~ .. _ _ nA'r'F... _ _ Note: This application will remain on file in the City Clerk's Office for a period of 2 pears from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~CrIYCLERKIBOARD~APPLICA'[iON ~m 3/ao ADAM FRANKEL, P.A. ATTORNEY AT LAW 200 WEST PALMETTO PARK ROAD SUITE 201 BOLA RATON, FLORIDA 33432 PHONE: (561) 302-5325 FACSIIviILE: (561) 394-0140 EMAIL: FrankelLaw@aoI.mm ADAM L. FRANKEL. Born Toledo, Ohio, December 9, 1971; admitted to bar, 1998, Florida; 1979, U.S. District Court, Southern District of Florida; 2001, Education: The Ohio State University (B.A., 1994); The University of Toledo College of Law (J.D., 1997). Member, The Florida Baz Association, Florida Association of Criminal Defense Lawyers, Palm Beach County Bar Association, Palm Beach County Criminal Defense Association. Practice Areas: Civil Litigation; Corporate Law; Commercial Law; Criminal Law; Fraud Analysis. Areas Of Practice: Civil Litigation Commercial Law Corporate Law Criminal Law Fraud Analysis Representative clients are in the following industries: Gaming Industry -Domestic and International Ins+estments-Stocks/Bonds/Foreign. Restaurants and Clubs Stocks and Trades -Domestic and International Professional Experience: Adam Frankel, P.A., Boca Raton, FL Solo Practitioner, 2001-Present Areas Of Practice: Criminal Defense; DUI; Misdemeanors; Felonies; Drug Crimes; Assault and .Batteries; Pazole and Probation; Traffic Violations; Domestic Violence; Contracts; Commercial. Law; Civil Litigation. Office of the Public Defender, 15th Judicial Circuit, Palm Beach County, FL Assistant Public Defender, 1999 - 2001 Represented indigent individuals accused of criminal acts in Palm Beach County, Florida that were not able to afford an attorney in an office that handles more than 50,000 cases a year. " Appointed County Court Chief of Division "L" in 2000-2001, which handled one of the highest misdemeanor caseloads in Palm Beach County. Served in the intake division located at the Palm Beach County Jail handling client's First Appearances in front of a judge within Twenty-Four of arrest as well as misdemeanor and felony arraignments for clients in custody. Represented indigent individuals at the South County Courthouse located in Delray Beach Florida handling primarily misdemeanor arraignments, DUI matters and misdemeanor non jury trials. Education: The University of Toledo College of Law, Toledo, Ohio, .luris Doctor, 1997 The Ohio State University, Columbus, Ohio, Bachelor of Arts, Political Science, 1994 ~~~ ~~~~0~[a ~ ~ CITY OP DELRAY BEACH ~a~ t ~ 2005 ® BOARD MEMBER APPLICATION~~-~ ~~ _~~~ ooi ~~f~b Please or rint the folio infozmation: 1. Last Name: Goss Name Glenn M~ ~ F. 2. Home Address: City State Zip Code 3. Legal Residence: Same City State Zip Code 4. Principal Business Address: 3614 S Ocean Blvd City Highland Beach State FL Zip Code 33487 5. Home Phone: Business Phone: (561)26.6-5800 FrMa~ Address: Cell Phone: Fax: ~ ~ (561)274-9 6. Are you a registered voter? If so, where are you registered.? YES Delra Beacl~s Palm Beach Co F 7. What Board(s) are you interested in serving? Please list in order of preference: Cit of Delra Beach Police and Firefi ht rs Retirem n 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) Board of Trustees Cit of Delra Beach Police and Firefi liters Retirement System, May 1989 - Feb 1991, May 2003 - Feb 2005 9. Educational qualifications: A.A De ree - Criminal Justice Broward Communit Cole e B. A. Degree - Public Affairs, Florida Atlantic University 10. List any related professional certifications and licenses which you hold: Law Enforcemen f ' 11. Give pour present, or most recent employer, and position: Town of Hi bland Beach FL - Chief of Police 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I have twice served as an elected trustee for the P lice nd Firefighters Retirement System. I have attended several confere s and seminars germaine to Trustee duties_ I hereb 'fy that a above statements are true, and I agree and understand that any misstatement of material facts con in this p ' lion may cause forfeiture upon my part of any appointment I may deceive. ~! ~`~~63 S NATURE DATE 57 Note: This applicadon will remain on file in the City Clergy's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SIECIY - TfON V t.LM • V Lr\t.1 ^ • l O t I O Ap Americacity 1 ~G~,~ ~D ~ ' C TY OF DELRAY BEACif~ BOARD MEMBER APPLICATI~i 212007 iooi C1~~ ~ ARK 3 a ~ v~ Please type or print the following information: 1. Last Name: ~ vac /-r~~LVC.ti! ~ Name / ~L/li/iy M I. ~ 2. Home Address: ~ ~~ ~ ~~v~ ~ ~ ~ .~~ City lJ..e/ ~~.~~~ State r~ Zip Code 3~ ~s%~ 3. Legal Residence: !jd v..L City ~i /Sv ~ z' State Zip Code 4. Principal Business Address: ~~ ~i~~A~ City State Zip Code 5. Home Phone: 07~~3 o?~j',~ Business Phone: E-Mail Address: /n~~.~9l~aedw,r~~,„~.~i~, Cell Phone: ~Yzt- 6~G 3 Fax: 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? 1 tf . -D~~,a /j~,g~ LG ~7/ 8. What Board(s) are you intereste ul serving? Please list in order of preferen . C',~p. e~ ~ ~sr~f'Y~rc.i r''~.~.~~*'aN F ~d/ice r ~- ~Prr ~ o ~ 9. List all CityBoards on which you are currentlyserving or have previouslyserved: (Please include dates) ,lzit v r.c ~1R- m~ 1y s~c/r^~ Qv.v o - .,Z ooG o/ a P/•r~io~-.~ ga.o+E~ a~.y.T-7 10. Educational qualifications: 11. List anfy related professional. certifications ~d licenses which u ho d: 1~27'fd o ~ o~ . 4~~/L ~../lZ ~P.e~i ~o !r. j~Ci~,f~f'~ i~ ~///y~c~~'il`-U ' 12. Give your present, or most recent employer, and pos~tion: 13. Describe experiences, skills or knowledge which qualifyyo/u to erve on thi/s board: (Please attach a/brief resume) (/ S,P ~!~ ~~/ Q/+lJlUiv a cam/ ~iL ~ 7'7yldU ~ 7~2.(' CI~~I ~ -~" I hereby certify that all the above statements are true, and I agree and understand thax any misstatement of material facts contained ~ this appli ion y cause forfeiture upon my part of any appointment I may receive. .~~lit..t.~ -~ SIGNA'T'URE DA Note: This application will remain on file in the City C1eri~s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. OELRAY 6EACH f~ 7 993 2007 Ci iTY BOARD Please type or print the following information- OF DELRAY BEAC~ECEIVEQ MEMBER APPWCA ION DEC 2 2 2006 CITY CLE~~~~ 1. Last Name: C h ~ r Name ~~v ~ V M. L . ec C J uS Glenn - 2. Home Address: City State Zip-Code 4 5 A NuJ 3rd, s-4- [rtca ac:a..~~ F1. 33'i`i5 3. Legal Residence: City State Zip Code S a,m ~ S a. Y+~, a .. ~~ ... 4. Prindpal $usiness Address: City State Zip Code e'}" - t-e c~, F D N Y ~ c- o ok~ ~ ~Y 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: amt ~,c Fax: 561- t-t -05~~ 56t--toy-o553 6. Date of Birth 7. ,Are you a registered voter? If so, where are you registered? a-zo-~~ . es 8._ What oard s) are you interested in serving? Please list in order of preference: - - G ~ ~ ~ { .o oscarr,e~ n po~tce~ .~ ~~ce, {~ocirc~..: 9.. list all Citq Boalr~ds on which you ~;e currently serving or have previously served: (Please inci~de dates) . Cock. EnTOrGCMGn-{- ;__"?~` O3 :- Z ~ EC g tJ~jC. Gc-srnn~»a.~ Codr~- 3-`31'g3 o e ~. u 1= a 10, Educational quali cations: Ftce. 5ccc..,c~ m~5~-ecs ir~ce. ro~'c.c~'~o~n ev, tnear So~n3~a ~ot~ tu~ c-r.r-,-nal. 3'v$},~ assa~3 Count F~cc o,~t:.~.~er~, il. List any related professional certifications and licenses which you hold: - w-l~Gr of FDtJY ce_sec ~ e. 1, al -o.-- IJi=PA NrMA C~v+~ Scc~tce F-ca~~ 1,~ec r l ~ .~t«- ~r-focc~~-.e~~ A Gn-i LeC~~T te~ FL1N~Tr~S ~e keC ~I-'~ C ~~" CG1'. Covc~ Re . 12. Give your present, or most recent employer, and position: ~t c.~'F t~evr ~jorK F~ce_ t]zp~-, 13. Describe experiences, skills or knowledge which qualify you to serve on thi s board: (Please attach a brief resume) - n ZrJ CweS i~'1 -3-kC ~o\\ow~~t 4C'~_ta 1'IrG Se-enc~ ~vti~e~~:. Gc,.~.s~coc}iu.~ for -FL,~ ~tre. Stc~ice G~ce. c~c~ ec~--o~n car. c~ SU ~GSSlor1 5 ~tr~S c71 ~ PiiS¢. F«e. o-,nc~ I~f t S ~a Acsoct'L~nve.s~-~~ 0.~~oe~ ~o~r,w~a6le 1-~a ardour Ma~-~'ertals, Coucf R rese+,+'~~~5 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~~~~~-,.. 12 - 21- 06 SIGNATURE DATE y ~S. a...«. ~ ius aYYuc::tuon wru remaui on rue to the testy t Jerk's Uthce Eor a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. .. ,-• - - My name is Glenn M Schuster, 1 am applying for a position for the city board membership. I moved to Delray Beach in 1993, so,far it has been the most difficult decisions I have had to make, At the time I was working as a New York City Fire Inspector onthe lower east and west sides in the a#y and as far north as 37th st. 1 have a extensive. badcgrcund in the following areas.Arson investigation;effe~ive company command,high rise~re and life safety,Flammable Hazardous Materials,Building Construction for the Fire Servioe,Fire Suppression and detection systems,Princ~ples of Fire i'rotection Chemistry; i happened to hate that one. 1 have never carmen my text book education on any job application in Florida. I have twenty years in the fire protection sector ail documentable.The system in the F.D.N.Y is different I was a IVew York City E.M.T, I was trained in all aspects of Fre Bighting. Due to injuries playing hockey for the Fire house and the wear a tear of fire heavy smoke etc. The Fire Department promoted to represent the department in criminal and avil court litigation`s I did this for-five years and all my elevations were either outstanding,very good or good. I am looking for something to do with the second half of my life and applied for over 70 jobs, some were civil service some were private sector My health problems did not effect me but they effective my potential employers am in good shape have worked out for twenty years and shave started again. l am a .true professional, I am-used to sQeaking in .public and feel if given an opptumrty you wiU be happy with my broad expenenoes. This is the only time I have written. a note to attach to my application but I need somethinngg to do with my time and waiting for the dreaded day one of my parents doesn't wake up.This is a real letter and I have all the documents to support the 1st and end paragraphs. Glenn M Schuster 561 499 0561 ~ 2/20/00 1 ~18:46 ©i/2 Tenn M Schuster 4585 A N.W. 3rd Street Delray Beach, Florida 33445 (561-499-0561) summary of Quslificaticvtts: Dedicated professional with twenty Yearn experience. Through lonowledge of'IJFPA, New York City and building codes, labor laws and health codes, Former BMT FDNY, recently I have taken the Florida Fire Inspector end EMT coursers, $xce ue8 ~1~owledge of fire suppression and detection ststem s of all types. potation among superiors, city officals, builders, anchitecis, contrators and attorneys. Sharp and creative in problem solving and needs assessment. BMPLOYMBIVTJ-IISTQRY 3/93-4/94 Econocan'be Consolidatots Inc. Miami, Florida Assistant Manager Aastatant m manag~g o've hundred ~3' thqusartd feet of US Customs banded s ce. S e:mpolyees, taught safely,and sec Pa upervised warehouse e~Y principles to stafl~ Maintained accurate inventory and aluitskage ccmtrol. 11/91.11/93 New York City Fire DeparEment, New Yotlr,New York Rank Inspector Preform ed work in :the conduct of inspections to detect violations of laws, rules andregulation which are intended to reduce or eliminate,fue and explosive hazzards or assist.in extit38uishing fit+e. preform.elated w .inspection and irnrestigation, research national and New York City fires as well as health codes andand laboroIssue summons and violation orders when necessary. 3/87~G/90 New Yo:lc City Fire .Depattm~nt New Yorl4 New York hank Court R epresentative Evaluate building owners cmaP.liance with the New York Fire Prevention, NFPA; proseote owners for violation, conduct interviews and investigations; case#sch applicable codes to prepare case, Recommend penalities and suggest time for compliance. 3/85.3/87 New York City Fire.l~epaltment, New l'exic, New York:Rank Lieutenant Developed and implemented Procedures to track down builders that wen in violation of The New York City Fire Law Hanbook.Supervised and trained Enforcement Agents; nerved notices; conducted title searcltea artd investigations maintain accurate service records; advise management of areas requiring father analysis. Education WC Mepham High School Bellmore, NY 11710 High School Diplomia 1980 John Jay College of Caimminal Justice 88910th Avenue Major Fire Science 1980-1986 New York City Fire Departme~ ' Randalls Island Brant NY. . Fire fighting, Fire Inspection, OtI'icers School Nassau County Fire. Service Academy Bethpage:, NY Fine. Fighting Advance Truck Advanced F..ngine operations EMT MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: VICTOR MAJTENYI, DEPUTY DIRECTOR OF PUBLIC UTILITIES THROUGH: CITY MANAGER DATE: APRII. 27, 2007 SUBJECT: AGENDA ITEM # ~~~ REGULAR MEETING OF MAY 1.2007 New Generator for the Water Treatment Plant Purchase Award; Pantropic Power, Inc. and Bevel Brothers Inc. STEM BEFORE COMMISSION An award to Pantropic Power, lnc. in the amount of 5186,000 for the purchase of a new 1,000 kW standby generator for the Water Treatment Plant and to Bevel Brothers Inc. in the amourrt of $14,452.50 for providing crane service associated with the installation of this new generator. BACKGRO~ On Friday, Apnl 13 , 2007, the existing 800 kW generator blew a cylinder, disabling the entire unit. The magnitude of damage can not be determined without disassembling the unit; therefore, repair estimates are inconclusive. Only one comparry was willing to consider performung repairs, however, strongly recommended replacing the entire unit. Pantropic Power quoted a cost to rebuild the existing unit starting at 5160,000, assuming the engine block is still in acceptable condition. Presentty, we are utilizing the 650kW generator that was purchased for the Police Department's generator expansion project. This is a temporary set-up, but will provide service to the majority of the plant components during an emergency power interruption. In the interest. of saving time, and considering the circumstances as an emergency situation, staff solicited quotes from three vendors with whom the City has had prior history; Pantropic Power Inc., Americas Generators, and Don Hillman Electric. Past history has shown that there are a limited number of vendors able to supply generators of this size; in November 2006, we received only one bid, from Americas Generators, on a competitive public bid for purchase of seven large generators. Staff received only two quotes for a new 1,000 kW diesel generator, one from Pantropic Power, Inc. (Caterpillar diesel) in the amount of 5186,000 and one from America's Generators (Cummins diesel) in the amount of 5173,027.06. Although the Caterpillar engine, as quoted by Pantropic Power, Inc. is 513,000 more, it offers a factory warranty of 10 years. Com~ersely, Americas Generators offers a one year start-up and maintenance contract, which includes unit start-up in addition to one major and one nunor service. Caterpillar is an American company, Cummins is not. When needed, parts are readily available as they do not have to be shipped from overseas. Also, staff has previously experienced delays in parts availability on existing generators with Cummins diesel engines. Therefore, staff recommends the award to Pantropic Power, Inc. Associated with this work is an award to Bevel Brothers Inc. in the amount of 514,452.50 for providing crane service in removing the old unit and installing the new generator. FUNDING SOURCE Funding is proposed from aaxamt #442-5178-536.64.90, Water and Sewer Renewal and Replacement Fund/ Other Machinery and Equipment in the total amount ~ 5200,452.50. RECOMMENDATION Staff recommends award to Pantropic Power, Inc. in the amount of $186,000 for the purchase of a new 1,000 kW diesel standby generator for the Water Treatment Plant and to Bevel Brothers Inc. in the amount. of 514,425.50 for providing crane service associated with the removal of the oldunit/ installation of the new generator unit. C:\Documents and Settingslrooney\Local Settings\Tmmporary Internet FilesKl1,K451Agnd Memo WTP Generator-Pa~opic OS 01 07.doc Page 1 of 1 Williams, Harold From: Eduardo Riveron jEddie_Riveron{c~pantropic.com] Sent: Wednesday, April 18, 2007 3:10 PM To: Williams, Harold Subject: 1000KWGenset Attachments: City Of Delray Cat Genset Proposal (1000kW).doc Harold, here is the quote for the 1000kW generator that I have in stock. I checked our Inventory and I have 1 in our inventory. On your generator we can only give you a budgetary price on the rebuild of your engine pending that the block is in good condition. We won't know if the block is good unfit we start taking the engine apart. It does not look at all .Price for a total rebuild is as follow. $1so,aoo.oo Regards, E Riveran Eduardo Riveron EPG Sales Palm Beach County tel: 305-477-3329 ext.3159 fax: 305-477-9 943 cell: 954-214-1277 e-mail: exrivero@pantropic.com *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 4/19/2007 Apr-21-O1 09:32A EO Rivarc~n 1~110~rNielMwR is. 954+441+9916 P.03 F,dafe Ri~aa17 - EBG Ssks E20S N.W. is St Mi1~1i, FL 331b4 F 454.21~.12?7! P: 31f5.1T7.1443 Date: 04-1&Z007 Quot~e~; 06SC0057-42 Rai Clgl Of QNray 8~sclt 1lYleel PahrBeac:h Ci41 flr DMray BNCh AUN~lion: Harold WElli~ns 434 ~ 8wintort Avs f>.kap B~cl~, Ft.333444 C.~rflad Tll: Sb1.2~3.7~06 Fax 5E'1.245.7944 ~•~-~ Iw ~w.r.rr. rr~w ~ mow.. o1w111st.1 ~771M~7l~tN way^s.~.s rAti~yrM..~ am~ad l~r, R~ I17i~11It R>Il~ ~11Ylsidt8>lFl7 ~t R7~ fesMwRR3IfK ~J~AN1 M MI.11:71lt11 91J~11 77t~tilti d 7,~72n1 $~77.NI71t !'[71177Nia '~.IMJl1~ J7211t~5t1a fnb7AI1111a Below please farad the proposal for the generator set requested. Equipment is in accordance with the following sections only, as it specifically applies to generator set and transfer switch equipment. I Spec Compliance: I Date: I Drawing Compliance: I Date: Scope Qt I/L Descri lion Cost 1 L One (1) New Caterpillar Diesel Engine Generator set, Model C-32, Rated 1000 KW Stand By, $18b,000.00 60Hz, 1800 RPM, 277/480 Volts with the following accessories: • Tier 2 Capable, ACERT Technology • Modulaz EMCP 3.2 Control Panel - NFPA 110 • Panel Lights • Dust proof panel • One (1) i 6 Light Remote Annunciator Panel - NFPA 110 • Permanent Magnet Generator Excitation System • Generator frame 598 PM Oversized • Raiser /lower switch • Local PC Monitoring • Current transformer 1500:5 ratio • Lead Acid Starting Batteries, Rack & Cables • Battery Chazger; 24VDC, 10 A output. 120VAC, l Phase Input • Generator Premium/Upgraded Frame • Ground Fault Relay • Space Heater Kit • AC Contactor • Generator Running Relay • Digital Voltage Regulator • Common Alarm Shut Down • Local Annunciator 16 channels • Discrete UO Package • 45 amps Charging Alternator • Bottom Cable Entry Configuration • Air cleaners -Dual Elements • Man & Turbo guards • Auxiliary Switch 700 -1200 amps • AC Contactor GP • Generator Test Report 0.8 pf • Standard test report • Jacket water heater • One (1) Remote Stop Breakglass Station • Five (S) O&M Manuals • One 1 Year Facto Warran 1 One (1} 1600 amps, Fully Adjustable ThermaUMagnetic, UL Listed, 3 pole thermal magnetic Included circuit breaker with 24VDC shunt trip, auxiliary contacts, auxiliary contact connectors and two 2 sets of lu 1 Start u , Trainin ,and Buildin Load Test (if available Included Net F.O.B. Factory (freight prepaid to jobsite) .................................$186,000.00 (Sales Tax not Included) Fantropic Po1Ner, inc. ONE SOURCE- DHE CAtt-dxESOWrtQN°' mvw.pantropic.can Eddie Riveron - EPG Sales 8205 N.W. 58 St. Miami, Fl. 33166 P: 954.214.1277/ F: 305.477.1943 Date: 04-18-2007 Quote: 06SC0057-02 Ref: City Of Delray Beach West Palm Beach City Of Delray Beach Attention: Harold Williams 434 S. Swinton Ave Delray Beach, FI.333444 Contact Tel: 561.243.7306 Fax 561.243.7344 williamsh@ci.delray-beach.fl. us Mltirol Fon lauderda~e YVsat Parma eeacn sLa~rc rwtlRyen BZ~ NW 56 Street 25015rdte Road 84 5460 Okeechobee Boulevard 172 N. FlaglerAvemre 2471 Roddill Road Miami. FL 33166 ft Lauderdale, R 33312 YJest Pahn Beach, R 33411 Sluart, Fl. 34994 Port Myes. Fi 33916 305.5924944 tel 954.797.7971 teI 561.640.6618 tel 772.692.3442 fel 239.337.47!2 tal 305.477.1943 fax 954.791.7719 fax 561.640.7>~4 fax 772.5929757 fax 239337.4211 fax Excevtions /Notes 1. No specs provided 2. Overall Lead time is 1b-18 weeks after order received and submittals appraved. 3. One (1) generator set meeting this criteria is available immediately, base on a first in, first saved basis. Important: Quote does not include the following (unless otherwise specifically noted above in the General Scope of Supply): • Fuel, Ft:el Piping, Fuel Venting • Cables, Wires and Conduits • Foundation Concrete Pad • Fuel Equipment Installation • All Equipment Installation Equipment Unloading • Exhaust Equipment Installation Engineering & Design • Equipment Storing • Exhaust Pipe & Insulation • Engineering Drawings • Equipment Rental • Electrical Equip. Installation • Installation Permitting & Fees • Equipment Anchoring TERMS: 90% payment due 30 days from date of invoice; Balance payment due prior to startup or 180 days after invoice, whichever occurs. Sales tax has not been included in this quotation. CONDITIONS: Terms of this sate are subject to credit approval Q Pantropic Power. Cancellations will not be accepted except on terms that will indemnify Pantropic Power against any loss. Cancellation charges will apply to orders cancelled after Pantropic's receipt of written release for production from Customer. Prices are valid for 30 days from quote date. The conditions of this quotation become a part of any order resulting hereforth and any purchase order submitted in response to this quotation, modifying, altering, or adding to these conditions shall not be binding unless accepted by us in writing. There are no agreemems, understandings, or stipulations relative to this quotation other than those expressed herein. Quotation is subject to Standard Pantmpic Power Products, Inc. Standard Terms & Condition on reverse side. Thank you for allowing us the opportunity to propose the above-described equipment. PANTROPIC POWER PRODUCTS, INC. Some of the features include: Americas Generators, lnc. 8511 N.W.61stStree# Miami, FL 33166 (305) 592-6800 FAX (305) 592-5900 cu3T.# 10794 SNIP ~: City of Del ray Beach 434 S Swinton Ave Delray Beach, FL 33444 SAlE~ERSON_ CORRESPONOFIJCETO: QUOTE avore DATE Hoare No. 04/20/07 10038534.00 P.O. NO. PAGE 1 1 Art Perez Americas Generators 8511 NW 61 st St Miami. FL 33166 Tel 305.592.6800 ~uTO: City of De] ray Beach 434 S Swinton Ave Delray Beach, FL 33444 Tel 561243730b Fax 561.243-7344 INSTRUCTIONS EXVYOTMe Miami SHIP PdNr SHIP VIA TERMS Americas Generators Net 30 LtW N0. PRDDUCi AND DESCRIPTION WANTITY UNR QUOTED PRIG! AMOUN7 ptlEr} 1 558020 1 146099.00 146099.00 OC1000 1000 kW Cummins Open Unit New 60 Hz 1000klrl Cummins OPen Unit with QST30G4 Engine 150/40C Rise HCI634J Newage Alternator 1600A Breaker Rating generator fitted @ 480 Volts DSE5120 Auto Start Control Panel Spring AU mounts Korfund type LNx56 loose Emergency stop button Remote start signal to teralinal strip Electronic battery charger Industrial Silencer (22dB) 8 600mm length of flex pipe 3 pole circuit breaker - plant mounted (ABB E-Max) Ca 480 ' volts Engine water heater & thermostat (Kim Hotstart? *Batteries, Battery Rack, and Cables Not Included Polythene Sheet protection 2 111116 1 499.99 499.99 Battery. Battery Rack 8 Cables for 0C Series Includes Series 8D Battery 3 220219 1 3b99.00 3699.00 Start-up & Mainten. Plan For 100D-1249 kw Generat One Year Start-up & Maintenance Contract Includes. Start-up, One Major Service and One Minor Service Per Year. Service Available in the SE Region Only. See Brochure for More ALL SALES ARE SUBJECT TO AMERICAS GENERATORS "TERMS AND CONDITIONS OF SALE". ANY PURCHASE INDICATES EXPRESS AGREEMENT WITH OUR "TERMS AND CONDITIONS OF SALE". NO RETURNS OR REFUNDS. 2S°~ RESTOCKING FEE APPLIES TO ALL ORDERS CANCELLED PRIOR TO SHIPPING. All orders require payment in full upon customer acceptance of quote. It is the customer responsibility to communicate the required delivery date. N no delivery date is indicated a default of 30 days from order placement will be used as the expected delivery date. All equipment must be paid in full three working days prior to required delivery date. In the event a customer is not prepared to receive (heir equipment on that date tfie following applies: The equipment will be transferred to our storage facility and will remain in storage urrtil customer is ready for delivery. -The fallowing charges apply to these additional services: 1 % of the price of generator(s) for loading, securing, unloading, and insuring the equipmenn. $3.{!0 daily storage per generator. Continued Americas Generators, inc. 8511 N.W. 61 st Street Miami, FL 33166 (305) 592-5800 FAX (305) 592-5900 cusrr. 10744 srnPTO: City of Delray Beach 434 5 Swinton Ave Delray Beach, FL 33444 SALESPERSON: CORRESPONDENCETO: QUOTE QUOTE DATE QUOTE NO. 04/24/07 10038534.00 P.O. NO. PAGE! 2 Art Perez Americas Generators 8511 HW 61 st St Miami, FL 33166 Tel 305.592.6800 BI~TO: City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 Tel 5612437306 Fax 561-243-7344 INSTRUCTIONS Ex Wales Miami 8111P POINT 6HIp W1 TER1N3 Americas Generators Net 30 uNe NO. PRODUCT AND DEBCR~TION auA-+Trrv QUOTED uNrr PRiCB asouwT (NET1 Information. 4 132003 1 -2599.99 2599.99 Racor Filter Assembly fo Gensets 1000 kIJ and Up Racor Filter Assembly System for Gensets 14D0 kW and Up Includes: Racor 79/1000FVH Filter System • 1/2" Aluminum Plate 28"x21" - 1/4" Aluminum Angle 2"x5"2i" • Hose Assembly - Fittings 5 220006 1 500.00 500.00 Labor for Installing Racor Assembly System Labor for Installing Racor Assembly for Gensets 1000 kW and Up 6 110039 1 529.99 529.99 IO Amp Charles Battery Charger, 24 Volt 7 101106 1 1999.99 1999.99 Remote Annunciator Kit NFPA110 Installed Remote Annunciator Kit (NFPA-110) for Deep Sea 5210 Control Panels includes: • 5310 Auto Start with J1939 RS232 - P130 Input Expansion Module - P549 Remote Annunciator - Enclosure with Flush & Surface Covers • 810 Interface Software ALL SALES ARE SUBJECT TO AMERICAS GENERATORS "TERMS AND CONDITIONS OF SALE". ANY PURCHASE [NDICATES EXPRESS AGREEMENT IMTH OUR 'TERMS AND CONDITIONS OF SALE". NO RETURNS OR REFUNDS. 25°~ RESTOCKING FEE APPLIES TO ALL ORDERS CANCELLED PRIOR TO SHIPPING. All orders require payment in full upon customer acceptance of quote. it is the customer responsibility to communicate the required delivery date. ff no delivery date is indicated a default of 30 days from order placement will be used as the expected delivery date. All equipment must be paid in full three working days priorto required delivery date. In the event a customer is no# prepared in receive their equipment on that date the following applies: The equipment will be transferred to our storage facility and will remain in storage until customer is ready for delivery. The following charges appty to these additional services: 1% of the price of generator(s) for loading, securing, unloading, and insuring the equipmen#. $3.00 daily storage per generator. Continued Americas Generators, Inc, 8511 N.W. 61st Street Miami, FL 33166 (305) 392-6800 FAX (305) 592-5900 cusrt. 10794 SiiIPTO: City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 QUQTE cuo~rE DATE ouo~ Nc 0412Q/OT 10038534.00 P.O. NO. PAGE d 3 SALESPERSON: Art Perez 60RRESPONDENCETO: Americas Generators 8511 NW 61 st St Miami, FL 33166 Tel 305.592.680Q ~« ~: City of Delray Beach 434 S Swinton Ave Delray Beach, FL 33444 Tel 5b124373Q6 Fax 561-243-7344 INSrRUCnoNS ~ wwrn Miami 3HP POINT SNIP VIA TERM3 Americas Generators Net 30 LPIF PRDDUC7 4UAlfTRY !ltfT ANOt11VT NO. AND OE6CRIPiloef QlgTEO P1tlCE (NTaT) . 8 220035 1 800.00 800.00 Fuel Tank Mounting 540 kW and Up 9 220002 1 125.00 125.00 Labor for Installation of Block Heaters la 22oa15 1 o.QO o.00 277/480 V 3 Phase 6QHz High Wye li 1680 Galion 1 15749.10 15749.10 Fuel Tank I1 Lines Tata1 Total Items Quoted I1 Total 172602.06 Freight Out 425.00 Invoice Total 173027.06 ALL SALES ARE SUBJECT TO AMERICAS GENERATORS 'TERMS AND CONDITIONS OF SALE". ANY PURCHASE INDICATES EXPRESS AGREEMENT WITH OUR "TERMS AND CONDITIONS OF SALE". NO RETURNS OR REFUNDS. 25% RESTOCKING FEE_APPLIES TO ALL ORDERS CANCELLED PRIOR TO SHIPPING. All orders require payment in full upon wstomer accepfance of quote. It is the customer responsibility to communicate the required delivery date. ff no delivery date is indicated a default of 30 days from order placement will be used as the expected defhrery date. All equipmenrt must be paid in fuN three working days prior to required delivery date. In the event a customer is not prepared to receive their equipment on that date the following applies: The equipmerrt will be transferred to our storage facility and will remain in storage until customer is ready for delivery. The following charges apply to these additional services: 7% o! the price of generator(s) for loading, securing, unloading, and insuring the equiprraant. $3.00 daily storage per generator. Last Page F.?3M :$eyel Bros. Inc. WF8 Branch FAX ND. :56I 681 9878 Apr. 19 2007 03:26PM P1 Beyer Bro#her~ Inc. 900Wf5~"Stisa!* l~lersBe~FL 33404 ` ~1379BS776 " FAX{56'i}68178 DATE April f9, 20117 TO : CRY QF DELRAY BEACH. ATT HAROLD 1MLUAMS PHONE {58i) 243-7308 FAX(58f j 243 7344 RE: PRIGS QUOTE FOR CRANE A RIGGING WORK. WE ARE PLEASED TO OFFER THE FOLLOWING Et~tPiiAENT FQR YOUR PROJECT JOB DESCRIPTION : REMOVE b REPLACE GENERATOR SET. ~ 75 ;,~~. ~ tn, 0 3r~~Ti~~' 300 TON. HYD TRUCK CRANE WRH OPERATOR. °i'~ S v . ~~ r' v1 rs CR,e'~ ~ 53,760 MOBILIZATION 53,760 DEMOBILIZATION. -~ ~ D Z ~ ,~ , ~,~ ? ~ ~+r} ~ ~~ 5445 PER HOUR 8 HOUR MtI~NUM. OVERTIME 526 PER HOUR ADDRIONAI.. ~`j'' a~Z., 5~ 3 °d ~~~ ~~^ 3°i6 FUEL SURC}iARGE APPLIES. CONDITIONS 1} ALL TAXES ARE Tt~ CUSTOMER'S RESPONSIBILRY. (BARE RENTAL) ~} QUOTE 1S t300D FOR 30 DAYS AND SUBJECT TO EQUIPMENT AVAILABILIT1f. 3} BEYEL BROTHERS INC IS NOT RESPONSIBLE FOR BAD WEATHER OR HIGH VWNDS. 4} ANY TIME OVER 8 HOURS PER DAY, SATURr?AYS ,SUNDAYS OR HOLIDAYS iS OVERTIME. 8) ALL OPERATIONS WILL ~ SAFETY OSHA COMPLIANT. 8) ANY ADDITIONAL WORK, EQUIPMENT OR PERSONNEL NOT INCLUDED W TFUS QUOTE AND REQUESTED BY THE CUSTOMER WILL BE AN ADDITIONAL CHARGE. '>~ BEYEL BROTHERS, i111C.15 NOT RESPONSIBLE FOR ANY DAMAi3E TO CONCRETE, LANDSCAPING, SPRINKLER SYSTEMS OR OTHER ITEMS THAT MAY NOT HAVE BEEN MOVED tN PREPARATION FOR THE CRANE. 8) STABLE COIY~AGTED GROUND AND CLEAR ACCESS TO BE PROVIDED BY CUSTOMER. 8) ERECTION ANt? DISMANTLE DONE ON WEEKENDS HOLIDAYS AND AFTER HOURS WILL BEAN ADORIONAL COST.( TO BE DETERMINED BY TYPE OF MACHINE AND JOBSRE CONDITIONS] ACCEPTED BY BEYEL BRO SRS, INC. (RIGGING FOR AN} BEYEL BROTHERS, N4C. CAN SUPPLY YOU WITH ANY SIZE CRANE RANatNG PROM 20TON RT CRANES TO f000TON CRAWLER CRANES TO MEET YOUR CONSTRUCTION NEEDS. WE ALSO HAVE A LARGE FLEET OF TRANSPORTATION VEH~LES INCLUDING FLATBEDS, LOMI-BOYS AND DROP DECKS. WE APPRECIATE YOUR INTEREST IN UTWZINO OUR SERVICES, AND iF I MAY ~ Of FURTHER ASSISTANCE, PLEASE DO NOT HESITATE TO CONTACT ME AT {661) 719,3883 ~~ :8eyel Bros. inc. !.~$ Brar+ch FA?C N0. :-561 681 9878 Apr. 19 2007 03:26PM P2 Beyel 8r~o~thers Inc. 900W15TMStieet* i~iviei~aBeach,R 3'3404 "` (98'Ij798~T13 " FAX(56'I)58'I~A78 DATE Aprii 19, 2007 TO : CITY OF DELRAY BEACH. ATT HAROLD YVILl.fA4AS PHONE (56'f) 243-730fi FAX(569j 243-734 RE: PRIDE 4UOTE FOR CRANE A RIGGtNt3 WORK. WE ARE PLFJ1St.D TQ OFFER THE FOLLOWING Et~IJIPMENT FOR YOUR PROJECT .lam ©ESCRtPTION : R~4tOVE & Rt`sPLACE GENERATOR SET. RIGGING GRt:YV WITH TOOLS AND RIGGING. 'x30 PE'R HOUR 2 HOUR WQRK MINUMUM. ~ ~~, j OVERTIME ~ PER HOUR ADDITIONAL. 3'xi FUEL SURCHARGE APPLIES. ~li • 9j ALL TAXES ARE THE CUSTOMER'S RESPONSlBtLITY. (BARE RENTAL] Z) QUOTE iS GOOD FOR 30 DAYS AND SUBJECT TO EQUtPMlENT AVAILABILITY. 3) BEYEL BROTHERS MIC I8 NOT RESPONSIBLE FOR BAD WEATHER OR NIGH WINDS. 4) ANY TIME OVER 8 HOURS PER QAY, SATURDAYS ,SUNDAYS OR HOLIDAYS LS OVERTIME. +5) ALL OPERATIONS WILL BE SAFETY OSHA COMPLIANT. 6} ANY ADDRIONAL WORK, EQtIIPMEN'T OR PERSONNEL NOT INCLUDED IN THIS QUOTE AND RE4UESTED BY THE CUSTOMER WILL BE AN ADDITIONAL CHARGE. 7) BEYEL BROTHERS, WC. iS NOT RESPONSIBLE FOR ANY DAMAGE TO CONCRETE, LANDSCAPMKi, SPRINKLER SYSTEMS OR OTHER ITEMS THAT MAY NOT HAVE BEEN MOVED OV PREPARATION FOR THE CRANE. ~ STABLE COMPACTED GROUND AND CLEAR ACCESS TO 8E PROVIDED BY CUSTOAI~R. S) ERECTION AND DISMANTLE DONE ON WEEKENDS HQLiDAYS AND AFTER HOURS WILL BE AN ADDITIONAL COST.( TO ~ OETERMMIED BY TYPt: OF MAGHBIE AND JOBS~TE CONDITIONS) ACCEPTED BY BEYEL BROTHERS, INC. B ETT (RtGGpVG FOREMAN} BEYEL BROTHERS, INC. CAN SUPPLY YOU INRH ANY SIZE CRANE RANGING FROM 20TON RT CRANES TO'IOgOTON CRAWLER CRANES TO MEET YOUR CONSTRUCTION NEEDS. WE ALSO HAVE A LARGE FLEET OF TRANSPORTATION VEHICLES INCLUDING FLATBEDS, LOW-BOYS AND DROP DECKS. WE APPRECIATE YOUR INTEREST {N UT'ILIZIT~IG OUR SERVICES, AND IF I MAY 8E OF FURTHER ASSISTANCE, PLEASE DO NOT HESITATE TC CONTACT ME AT (561) 71983 Agenda Item No.. _r AGENDA REQUEST Request to be placed on: DATE: April 25, 2007 X Regular Agenda Special Agenda Workshop Agenda WHEN: May 1, 2007 Description of item (who, what, where, how much): Award to Pantropic Power, Inc. in the amount of $186,000 for the purchase of a new 1,000 kW standby generator for the Water Treatmen# Plant and to Beyei Bro#hers Inc. in the amount of $14,452.50 for providing crane service associated with the installation of this new generator. Staff received two quotes for a new 1,000 kW diesel generator; one from Pantropic Power, Inc. (Caterpillar diesel) in the amount of $186,000 and one from America's Generators {Cummins diesel) in the amount of $173,027.06. /YI#hough the Caterpillar engine, as quoted by Pantropic Power, Inc. is $13,000 more, it offers a better factory warranty and parts are readily available when needed. Associated with this work is an award to Beyel Brothers Inc. in the amount of $14,452.50 for providing crane service in removing and disposing of the old unit and installing the new generator. Funding is proposed from account #442-5178-536-64.90, Water and Sewer Renewal and Replacement Fund/ Other Machinery and Equipment, in the total amount of $200,452.50. ORDiNANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N0 Recommendation: Staff recommends award to Pantropic Power, Inc. in the amount of $186,000 for the purchase of a new 1,000 kW diesel standby generator for the Water Treatment Plant and to Beyel Brothers Inc. in the amount of $14,425.50 for providing crane service associated with the removal of the old unit/ installation of the new generator unit. ~ Department Head C. Determination of Consistency with Comprehensive City Attorney Review/Recommendation (if applicable) ~-ZS- ~ ~ Budget Director Review (required on all items involving expenditure of funds}: Funding availab YE Funding alterna (if app licable~ Account No. & Description See above -~I 7~- S ~ _ ~ ~~ Account Balance See above 3 Z ~% City Manager Review: ~~~ Approved for agenda: ~NO Hold Until: Agenda Coordinator Review: Received: _ Placed on Agenda: Action: Approved/Disapproved f IGtC~tl~-~ ~~u%~ 1~Fssrv0011beatty$1UtilityMaint~,4gtia Req WTP Crenerator-Pantropic OS.U1.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: David T. Harden THROUGH: CITY MANAGER DATE: Apri127, 2007 SUBJECT: AGENDA ITEM # DEVELOPER'S AGREEMENT/CANNERY ITEM BEFORE COMMISSION See the attached memo from the City Attorney's Office. BACKGROUND See the attached memo from the City Attorney's Office FUNDING SOURCE The capital cost of this project, including build out of the proposed building, is $690,000. No source has been identified to fund this project. The CRA Director indicated she thought the CRA would be willing to fund all or a substantial part of this cost, but like us, they do not know how much the legislature may reduce their funding next year. They may not have any funds available to assist. In addition to the capital cost, there will be ongoing operating cost for this art facility. These costs are unknown since we do not know how the facility will be used or who will operate it. We could decline to approve the agreement, in which case the developer would be required to negotiate terms more favorable to the City or build a mixed use project in compliance with the LDR's. Another option would be to go ahead and acquire the land, which would definitely keep the arts facility option open while minimizing our up front capital cost and leaving operating issues to be resolved later. RECOMMENDATION Commission discretion. However, I must say that I believe this is outside the core mission of the City, and I do not recommend taking any action which would increase our future operating costs. We fully expect the legislature to take some action which will severely restrict operating funds available for the future. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS ~1 1 FROM: Brian Shutt, Assistant City Attorney THROUGH: CITY ATTORNEY DATE: Apri125, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF MAY 1, 2007 DEVELOPER'S AGREEMENT/CANNERY ROW ITEM BEFORE COMMISSION This item is before the Commission for a second public hearing. The attached developer's agreement provides as follows: - the City has the choice of -conveyance to the City of a building (which is only the shell of the structure and contains approximately 3000 sq. ft.) for a price not to exceed $530,000.00 located at the SE corner of the project for community facility purposes; or conveyance to the City of the property at the SE comer for the amount of $200,000.00; or there will be no conveyance to the City of any property or structure at the SE corner - dedication of an area for open space at the NE corner of the project - waiver of the park impact fee (approx. $41,500.00) for all of the units in exchange for the receipt by the City of the dedicated land - the City shall become a member of the Homeowner's Association and shall be responsible for all HOA fees except for fees relating to certain common area facilities that will not be used by the City. - the HOA documents provide - no entry through the rear doors by the public - refuse must be stored inside the building - deliveries only permitted M-F from 9 to 5 - no permanent food or beverage services - all parking shall be off site, unless the unit contains a garage - hours of operation 8 to 10 M-Th, 8 to 12 a.m. Fri and Sat, and 12 to 6 on Sun. - City must provide insurance to the Association as determined by the Association - if the unit is converted to a solely residential use in the future then the unit shall be required to comply with all of the HOA declarations. - if the City uses the developer to build out the interior of the unit it will be done at cost (currently the estimate is approximately $160,000.00 however this is subject to change). BACKGROUND The first public hearing on this agreement was held on March 20, 2007 and was approved. The Creative City Collaborative also reviewed this item on Apri125 (5 of 11 members were present) and the consensus of the group was as follows: 1. The developer should donate the park site on the NE corner with no waiver of the recreation impact fees. 2. The developer should donate the land (valued at $200,000) for the SE corner unit with the City paying the construction cost not to exceed $330,000 for the shell and the City will be responsible for the cost of build out at a future date. 3. They were less firm on the use but felt that the ground floor should be used as a gallery with the other two floors to be used as artist work space and possibly one floor to be a residential unit to serve as an artist in residence unit. They felt because of restrictions and proximity to residential units the use should be what they called light visual arts use but felt there should be more input from other groups. 4. They also felt that the Homeowners Association document should be worked on to reflect what assessments could or could not be levied against the City owned unit. FUNDING SOURCE To be determined. RECOMMENDATION Commission Discretion AGREEMENT THIS AGREEMENT entered into this _ day of , 200_, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City) and CANNERY ROW, LLC (hereinafter referred to as Developer), provides as follows: WHEREAS, a project called Cannery Row is being developed along the west east side of the 300 block of Pineapple Grove Way in the City; and WHEREAS, Land Development Regulation Section 4.4.13(H) provides that if the developer of a project fronting on N.E. 2nd Avenue, between N.E. 3rd Street and N.E. 4th Street, chooses to dedicate an area at the northeast corner of the project to the City for open space and to convey property and a building to the City fronting on N.E. 2nd Avenue at the southeast corner of the project, then the developer shall not be required to furnish non-residential uses fronting on the west side of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Street; and WHEREAS, the Developer will dedicate a parcel at the northeast corner of the project to the City for park purposes and will transfer land and a completed shell structure, as more thoroughly described in this Agreement, to the City located at the southeast corner of the project and fronting on N.E. 2nd Avenue, to be used as an artist workshop/gallery as a condition of the Development; and WHEREAS, pursuant to F.S. 163.3225 the City has held 2 public hearings regarding this Development Agreement and this Agreement is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Developer has the option to build a mixed use project in accordance with the City's Land Development Regulations but chose instead to enter into this Development Agreement, in its sole and absolute discretion, and be bound by the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer and City hereby agree as follows: Recitations. The above-stated recitals are incorporated as if fully set forth herein. 2. Dedication of Park Land. The Developer shall dedicate, to the City, a parcel, as shown on Exhibit "A", for park purposes which shall be maintained by the City. In lieu of the City paying the Developer the value of the land, which is $414,645.00, the City shall waive the Impact Fee set forth in LDR Section 5.3.2 (c) for all units. Developer will provide a water service stub-out to the property line that the City can connect to an irrigation meter at a later date. Developer will sod the corner if the NE corner of the project has been landscaped prior to the City completing the landscape plan for the park. All maintenance of the park shall be by the City. Developer will have no other improvement requirements for the park area. The property described in Exhibit "A" shall be dedicated to the City in perpetuity on the plat to be recorded by the Developer. 3. Conveyance of Unit. Developer shall also convey fee simple title to the City of Lot 12 of the Plat of Cannery Row with a completed shell structure, pursuant to floor plans, elevations, and specifications as set forth on Exhibit "B", to the City to be used by the City for community/city projects as it determines, in its sole discretion. The City shall pay the actual land cost and costs of construction of the unit, which will not exceed $530,000.00. The parcel and structure shall be transferred to the City, or its assigns, in accordance with the purchase and sale contract between the City and Developer is in the form attached hereto as Exhibit "C". The approval of this Agreement is conditioned upon the parties executing a purchase and sale agreement (Exhibit "C") within 120 days of the execution of this Agreement. Failure to approve such an agreement within the time period set forth shall make this Agreement null and void. Developer will finish the interior of the unit at cost, provided that the City provides Developer with all necessary plans, specifications, drawings, permits, etc., so that Developer may construct the interior of the unit at the same time the interiors of the adjoining units are being constructed, so as to not interfere with the quiet enjoyment of the adjacent units when sold for occupancy. Should the City desire to retain a third party to finish the interior of the unit, the City will required to commence the construction at the same time that the Developer is constructing the interior of the adjoining units, and subject to the Developer's site plan development, construction schedule, and safety measures as implemented by Developer. Commencing upon conveyance of the unit from developer to the City, the City will responsible for Homeowner's Association (HOA) assessments. The HOA documents will reflect that all units will be charged the same uniform rate of assessment, except forthe Art Facility, which will be charged less, as it will have no use of the common area facilities (pool, gazebo, playground, etc.). Any lease of the Art Facility by the City will specifically state that the tenant(s) do not have use of the common area facilities and their occupancy shall be subject to the HOA documents, including any Rules and Regulations promulgated by the Developer and/or Homeowner's Association. The proposed purchase and sale agreement (Exhibit "G") contains a provision which allows the City the option to a) purchase the Community Facility unit at the developer's cost, not to exceed $530,000.00; or b) not proceed with the purchase of the Community Facility, but, instead, purchase Lot 12, only, to be used for park purposes only with appropriate deed restrictions, without any improvements thereto other than water service (using City's water meter and City bearing all water usage charges}, landscaping and irrigation for the Lot 12, whereby Lot 12 shall be owned by City (or the public for park purposes only if so dedicated by City or by Developer through an amendment of the Plat); or c) terminate the Agreement without penalty to the City if the City determines, in its sole discretion, that the purchase of Lot 12 for purposes of a Community Facility or a park is not in the best interests of the City of Delray Beach. In the event the City elects to terminate the Agreement or purchase Lot 12 for park purposes, the City shall not thereafter impose upon the developer, or any successor in interest, a requirement to construct any commercial improvements within the Project. 4. Requirements of Development Agreement. (a) A legal description of the land subject to the agreement, and the names of its legal and equitable owners - Lots 1 through 24, inclusive, Block 73 and the 16 foot alley right of way lying East of and adjacent to the East line of Lots 1 through 12, inclusive, subdivision of Block 73, according to the Plat thereof as recorded in Plat Book 12, page 62, Public Records of Palm Beach County, Florida, less the North 15 feet thereof. Legal Owners -Cannery Row, LLC (b) The duration of the agreement - Less than 10 years (c) The development uses permitted on the land, including population densities, and building intensities and height -Uses permitted are residential and commercial; proposed population density is 183; building density is a maximum of 30 units per acre; and maximum height is 48'. (d) A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development; -The public facilities are water and sewer and they are already in place. (e) A description of any reservation or dedication of land for public purposes; -see the plat attached to this agreement. (f) A description of all local development permits approved or needed to be approved for the development of the land; -building permits. 5. Commencement of Agreement. This Agreement shall commence 31 days after the Department of Community Affairs is in receipt of the Agreement, as per paragraph 5, and shall expire upon the conveyance and dedication of the parcels and building to the City from Developer, however, in no event shall the term of this Agreement exceed 10 years. Failure to Address aCondition/Requirement. If this Agreement fails to address a particular permit, condition, term, or restriction, Developer shall not be relieved of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. Recording of Agreement. Pursuant to F.S. 163.3239 this Agreement shall be recorded in the public records of Palm Beach County and a copy of the recorded agreement shall be submitted to the Department of Community Affairs. 8. Review of the Agreement. The City, at least once every 12 months, shall review this Agreement to determine if there has been demonstrated good faith compliance with the terms of the Agreement. If the City determines, based upon substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. 9. Amendment/Cancellation. Pursuant to F.S. 163.3237, this Agreement may be amended or canceled by mutual consent of the parties, 10. Assignment. The purchase and sale agreement (Exhibit "C") maybe assigned by the City to the Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc. without the approval of the Developer, if the City wishes to assign the purchase and sale agreement to another entity it must first obtain consent of Developer, which shall not be unreasonably withheld. 11. Compliance with Laws. If state or federal laws axe enacted after the execution of this Agreement which axe applicable to and preclude the parties' compliance with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state law or federal laws. 12. IndemniScation. Developer hereby agrees to defend, indemnify and hold the City harmless from any and all claims, suits or any other cause of action arising out of this Agreement including attorneys fees and costs expended by the City at trial or appellate levels to uphold this agreement. 13. Compliance with the City's Comprehensive Plan. This Developers Agreement is in compliance with the City's Comprehensive Plan and Land Development Regulations. 14. Venue. 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. 15. A~nrovals. This Agreement constitutes the entire agreement and understanding of the parties. 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. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: By: Approved as to Form: By: City Attorney WITNESS: CITY OF DELRAY BEACH By: Mayor, Rita 1:?llis ~e€€~er)mat~ City Clerk By: (Name Printed or Typed) (Name Printed to Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 20_, by as (name of officer or agent, title of officer or agent), of , a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public My Commission Expires: EXHIBIT "A" Tract G of the Cannery Row Replat recorded in Plat Book _, Page E~~IT `B" FLOOR PLANS AND ELEVATIONS 18 Buyer Initials Z `E- O W Q O oC w z z U Z T S ~ a C7 0 Z J m ~ o J a J h Z `~- O N W C~ Q Q. O oc w z z Q U Z T g I,~ Z U ~ J _Z m J 0 J M~ LL C W ~ N 21Ff-L ' Z `~- , O M !~ .. V Q W Z Z Q U T /~ V _J ~ ~y~ W Z 5 a C7 Z 0 _J m Z `+- O d' W C~ Q -~ a w O O J ..: N T J U Q >- Z •J m O W Z Z U~ ~ -- ~-~bm 21N-Z ~--~ O ~^ `.. Q El. w Q O O J LL C N ~s`J V _ J m O } ® w Z Z U ~ ~~-z Z `+-- O Cfl W C~ Q a w O O J LJ.. C'7 v U ~- Z ~- o J_ m O O w Z U Q U ~~tbm ~ff-z r Z N_ i z ~_ ~~ u~ ~~ ,m z F O U ... - ~,~ ;i - FY .t v. .,I ~. ~ 1; .1 y F 4 ~ ~ . C W: I'+r. `Ex Y 4t j2 ~ ~ +k. ' L4.C~,, y 4~K4 ~' i~ ~ :' ®m m a .x.;~- ;~: -~vu, ya :~~~ :.. ~,.. ~- 0 W Z O Q J W a w J U Q T Z _~ m O Z o !` Z ~! U /W V Q J_ U ~N~ :- ~ ~ t-- ~ Z~~ m 0 U T Z~ ~;: -~{:5: ~: 1 ~. , __ .t.; _) - ~~~ ,~-. ': ,:,i,~.~1r::,~ ~i r'f:_iv7:Y = ~ r• Z O a J W O _~ _J U T ~~R) V _~ m O W Z Z. U~ 3 m N i ~-'- Z .~ Qo ~~ ~m 'K:• ~cY in."IjyY`Ci~i .. ( Y.. _ t t f, 7 . n ~~~ i -,* ,. _ u. _ ~ '~ .._ _ N L _ ., ,, gat _ __ _ ~~ a£ } 6 ~ { •T `r rv}~~M,r ~ ';~ f ~r r •'i P.--~:iC _ M1i: :t ~:~ys':~4.f.. ~....f a - 'n. M, r r ~ r .. _ _ -, _, t .: ...r. .. ..... ... .... ... -. .__r ..r.._ '_ii ~.. . _.._._. . _..- _ ~:--_:.:~Y-~:~~ ... :rs_ .... _... .~~ - i. ~ ~ C g, fit r. SC ~ p~ ~ i . ~ ~ i -S.i _~ ~~ ~o =m \/• O W C7 Q d Z J F- W ~~ J U ~r ~~ 0 ~Z m z~ ~o ~~ ~~ ®W z U~ EXHIBIT "C" CANNERY ROW PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into as of this day of , 2007, by and between CANNERY ROW LLC LLC, a Florida limited liability company ("Seller"), and the CITY OF DELRAY BEACH, FLORIDA ("Buyer"). IN CONSIDERATION of the respective agreements hereinafter set forth, Buyer and Seller agree as follows: 1. PURCHASE AND SALE. Subject to the provisions of Section 42 herein, the Cannery Row development consists, generally, of eighty-two (82) Townhomes and common area and recreational amenities related thereto, acity-owned corner park, and acity-owned community facility ("Cannery Row" and/or the "Project"). Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, for the Total Purchase Price set forth below, and on the terms and conditions contained in this Agreement, Lot 12 ("Lot"), as shown on the proposed Plat of Cannery Row ("Plat"), attached hereto as Exhibit "A", together with the community facility ("Community Facility") to be constructed on the Lot pursuant to the floor plans ("Floor Plans") and building elevations ("Elevations"), and related construction specifications ("Construction Specifications") attached hereto as Exhibit "B" and Exhibit "C", respectively. The Lot and Community Facility are sometimes collectively referred to herein as the "Property"; however, the sale of the Lot and Community Facility will be considered a single sale -the Community Facility not being separate from the Lot. The Property address is: To Be Determined. 2. PURCHASE PRICE: Base Purchase Price: Change Orders, if any: Total Purchase Price: (exclusive of Closing Costs, prorations, and any Change Orders not included here): $ NOT TO EXCEED $530,000.00 $ N/A $ 530,000.00 TOTAL PURCHASE PRICE TO BE PAID AS FOLLOWS: Deposit $ $10.00 1ST Deposit (10% of the Base Purchase Price): $ N/A 2"d Deposit (10% of the Base Purchase Price): $ NIA Upgrade Payment, if any (see Upgrade Addendum): $ N/A Balance of the Total Purchase Price (Due at Closing in local bank cashiers check or received wire transferred funds): $ 529,990.00 3. COST TO BUYER: The Base Purchase Price stated above is intended to be the guaranteed maximum price Buyer shall pay for the Property, as constructed pursuant to the Construction Specifications, as defined herein. Buyer may, at any time until one year from the Closing Date ("Cost Review Period"),and upon reasonable notice to Seller, have access to Seller's financial records relative to the Project in order to determine the true and actual cost to complete the Property in accordance with the Construction Specifications ("Cosy'). Cost shall be defined as all costs necessarily incurred by Seller in connection with the acquisition, financing, ownership and construction of the Project and the Property; provided, however, that recreational amenities, and sales and marketing expenses for the Project shall be specifically excluded from any calculation of Cost. In the event Seller determines that Cost shall be less than stated above on or before the Closing Date, Seller shall adjust the Base Purchase to reflect any such reduction in Cost. 4. Deleted. 5. SELLER'S FINANCING. Buyer understands that Seller has obtained, or wilt obtain, acquisition, construction and other financing with respect to the Project. Buyer agrees that this Agreement, and all modifications and additions thereto, will be subordinate in all respects to the lien and priority of any mortgage (and related security interests) now or hereafter placed on the Property securing such Seller's financing, including all loan renewals, future advances, extensions and modifications. The parties intend that this subordination shall be effective automaticallywithout any further notice to, or action by, Buyer. Buyer acknowledges that, as additional security for any of Seller's financing, Seller may assign all of its rights under this Agreement to its lender(s), including all rights Seller may have to Buyer's Deposit, subject to requirements of applicable laws. 6. CONSTRUCTION SPECIFICATIONS. The Community Facility will be constructed in substantial accordance with the plans, retained in Seller's sales office, and the specifications, attached hereto and made a part hereof as Exhibit "C", as such plans and specifications are amended from time to time. Such plans and specifications, as they are so amended from time to time by Seller, are referred to in this Agreement as the "Construction Specifications". Although Seller will complete construction of the Property substantially in accordance with the Floor Plans, Elevations, and Construction Specifications, Buyer acknowledges that during the planning, design, engineering, and construction for the Project, certain modifications, substitutions, deviations and/or omissions in and to the Property, Project, Floor Plans, Elevations, and Construction Specifications (collectively referred to herein as "Construction Modifications") may occur due to governmental required changes, construction and field conditions, labor or product availability, construction scheduling, and design and specification changes made by Seller in Seller's sole discretion. These changes and adjustments are essential in order to permit all components of the Property to be integrated into awell-functioning and aesthetically pleasing product in an expeditious, cost-efficient, and profitable manner. Accordingly, Seller expressly reserves the right to make Construction Modifications during construction of the Property, and Buyer hereby authorizes Seller to make any such Construction Modifications deemed necessary in Seller's sole discretion without prior notice to Buyer. Buyer further understands and agrees that: (i) exterior finishes, such as paint color, roof color/material, shutter placement/color, window/door placement and designs, light fixtures, railings, and other exterior finishes installed by Seller pursuant to the Construction Specifications, are subject to shadings in color gradations, die lots, etc., and may vary from any samples or illustrations shown to Buyer without prior notice to Buyer; (ii) all representations of dimensions, materials, equipment, and finishes are approximations of size, materials, equipment, appearances, and finishes, and are all subject to change by Seller in its reasonable discretion without prior notice to Buyer; (iii) changes in the dimensions of rooms, patios and balconies, and the location of utility (including, without limitation, electrical, television and telephone) lead-ins and outlets, doors, windows, air conditioning equipment, ducts and components, lighting fixtures, electric panel boxes and meters, fencing and gates, and the general layout of the Community Facility and any exterior improvements on the Lot are subject to change by Seller in its reasonable discretion without prior notice to Buyer; (iv) many items, finishes, materials, fixtures, equipment, furnishings, window treatments, accessories, upgrades, changes, and other improvements which may be displayed in any sales model or sales office, or in any marketing or promotional materials, are for display, design and marketing purposes only, and to the extent such items are not included in the Construction Specifications, such items are not included in the Property; (v) if circumstances arise which warrant changes of suppliers, manufacturers, brand names or other items, Seller may substitute materials, finishes, equipment, fixtures, appliances, etc., which are of substantially equivalent quality in Seller's sole opinion, without prior notice to Buyer; (vi) Seller will have complete discretion in landscaping of the Property and the Project; (vii) Seller will have complete discretion with all improvements and amenities situated within the Common Property (as defined in the Homeowner Documents); (viii) the plans and specifications for the Community Facility now or hereafter on file with the applicable governmental authorities may not be identical in detail to the final Floor Plans and the Construction Specifications, and (ix) because of the day-to-day nature of the changes described in this Section 6, the plans and specifications on file with applicable governmental authorities may not include some or any of these changes (there being no legal requirement to file every change with such authorities). The provisions of this section 6 will survive (continue to be effective after) closing. 7. CHANGE ORDERS. BUYER ACKNOWLEDGES THAT SELLER IS NOT OBLIGATED TO PROVIDE UPGRADES, EXTRAS, OPTIONS, OR CHANGE ORDERS OF ANY KIND. If Buyer requests changes to the Construction Specifications that are not included as part of the Construction Specifications ("Change Orders"), Seller may, in its sole and absolute discretion, either: (i) accommodate Buyer's change order request in the manner provided below, or (ii) deny any or all of Buyer's Change Order requests, and Buyer will accept Seller's decision on all change order requests as final. Buyer further understands that in the event Buyer's Change Order request is denied by Seller, the Community Facility will be completed substantially in conformity to the Construction Specifications, and any Approved Upgrades or Approved Change Orders, as defined herein. No Change Orders shall be implemented unless an approved Change Order Addendum ("Change Order Addendum") for any such Change Orders is signed by Buyer and Seller and full payment for such Change Orders, as specified in the Change Order Addendum, is received by Seller ("Approved Change Order"). Buyer acknowledges and agrees that all payments made to Seller in connection with any Approved Change Order shall be not be considered as part of any deposit toward the Total Purchase Price, and any and all such payments are completely non-refundable in all respects; provided, however, if Seller shall fail to include any Approved Change Order in the Property, Buyer's sole remedy and Seller's sole liability shall be to deduct the amount paid by Buyer for any such omitted Approved Change Order from the Total Purchase Price at Closing, provided Buyer has paid Seller for same. Buyer further acknowledges and agrees that Seller's failure to include any Approved Change Order, or non-approved change order request made by Buyer shall not be grounds for: (i) Buyer to delay or postpone the Closing, or Buyer's obligation to close and pay the balance of the Total Purchase Price to Seller, (ii) any reduction of or credit against the Total Purchase Price, or (iii) placing any portion of the Total Purchase Price in escrow. If applicable, Buyer shall have thirty (30) days from the date of Seller's notice to Buyer that the time period for Buyer to make any required finish selections for the Community Facility has started ("Selection Period"). The Selection Period which may be extended from time-to-time in writing by Seller in Seller's sole discretion. Buyer understands that in the event Buyer fails to provide Seller with any required finish selections within the Selection Period, Seller may complete the Property using such finish selections that Seller shall determine, in its sole discretion without prior notice to Buyer, provided such finishes are consistent with the Construction Specifications. 8. CONSTRUCTION OF THE PROPERTY. Subject to other terms of this Agreement, Seller shall commence construction of the Property as soon as it is reasonably possible following the issuance of all required building permits, and shall proceed with reasonable diligence throughoutthe term of construction. Seller agrees that all construction shall utilize new materials (or equivalent quality) and that all such materials shall be in accordance with applicable governmental rules, regulations and building codes, and that all work shall be done in a good and workmanlike manner. Seller shall be responsible for all building permits, impact fees, water and sewer hook-up fees, excluding deposits for utility services which shall be reimbursed by Buyer at Closing. 9. INSPECTION PRIOR TO CLOSING. Prior to Closing, and upon notice to Buyer, Buyer shall be given a reasonable opportunity to inspect the Property with Seller's representative. At that time, ~, „ Buyer shall present to Seller an inspection statement (Punch List) signed by Buyer, setting forth any defects in workmanship or materials in the Property which are truly defects in workmanship and materials (the standards for which shall be the construction standards generally prevalent in Palm Beach County, Florida for similar property, which is a commercial shell). Buyer understands and acknowledges that Buyer's setting forth any such perceived defects in workmanship or materials on a Punch List does NOT obligate Seller to repair or warranty any such item(s). Those items on any Punch List that are not equal to the then prevailing construction standards generally prevalent in Palm Beach County, Florida for similar commercial properties, and only those items that are not equal to such standards, as Seller shall determine in Seller's reasonable discretion, shall be considered by Seller as part of the Punch List for which Seller has an obligation for repair and warranty. Seller's failure to perform Seller's obligations hereunder shall not delay, postpone, or otherwise interfere with the Closing. Subject to the construction standards stated above, Seller shall correct and/or complete all work required under the Punch Listwithin sixty (60) days after Closing, at Seller's expense and in a workmanlike manner, subject to the availability of labor and materials, access to the Property after Closing, or events which constitute force majeure. Buyer hereby authorizes Seller to determine the means and methods for making any and all Punch List and warranty related repairs. Buyer further recognizes that although the Property, at Closing, will have received a final certificate of occupancy, Seller may still be in the process of completing certain improvements in the Community Facility, on the Lot, and within the Project. NO ESCROWS OR HOLDBACKS OF CLOSING FUNDS WILL BE PERMITTED. The fact that Seller has to complete work set forth in the Punch List after Closing shall not delay or postpone the Closing, or Buyer's obligation to close and pay the balance of the Total Purchase Price, or be grounds for a reduction of or credit against the Total Purchase Price, or be grounds for deferring or imposing any conditions on Closing, or be grounds for placing a portion of the Total Purchase Price in escrow pending completion of the Punch List items. 10. CLOSING. The term "Closing" refers to the time when Seller delivers the special warranty deed for the Property to Buyer and Buyer delivers to Seller the balance of the Total Purchase Price and any additional amounts owed by Buyer to Seller under this Agreement and for any Approved Upgrades and Approved Change Orders, as set forth herein, ortherein, and ownership of Property is transferred from Seller to Buyer (the "Closing"). At Closing, the parties will execute and deliver all documents Seller's closing agent deems necessary or appropriate. Buyer shall not move any personal property onto or take occupancy of the Property until a certificate of occupancy for the Property has been issued by the appropriate governmental agency, and Seller has received the Total Purchase Price in accordance with the terms of this Agreement. Legal and physical possession of the Property shall be delivered to Buyer at Closing. The Closing will occur after issuance of a Certificate of Occupancy for the Community Facility by the City of Delray Beach. Buyer understands that Seller has the right to schedule the date, time and place for the Closing ("Closing Date"); provided, however, that before the Closing Date, Seller must obtain a final certificate of occupancy for the Property. Buyer acknowledges that the common property, any improvements thereon, and all improvements related to the Project need not be completed or have such certificates of completion or occupancy prior to the Closing Date. Buyer will be given at least thirty (30) days' notice of the date, time and place of Closing. Seller is authorized to postpone the Closing for any reason and Buyer will close on the new date, time and place Seller specifies in its notice of postponement (as long as at least 2 days' notice of the new date, time and place are provided to Buyer). A change of time or place of Closing only (that is, one not involving a change of date) will not require any additional notice period. Any formal notice of Closing, and any postponement or rescheduling of the Closing may be given orally, by telephone, facsimile, electronic mail, regular mail or other reasonable means of communication at Seller's option. All such notices to Buyer shall be sent or directed to the address, facsimile, electronic mail address or telephone number (as appropriate), specified on Page 1 of this Agreement unless Seller has received written notice from Buyer of any address change prior to the date Seller's notice is sent, transmitted or given to Buyer. These notices (other than a change of address) will be effective on the date given, transmitted or mailed. An affidavit of one of Seller's employees or agents stating that this notice was given or mailed to Buyer will be conclusive in this regard. If Buyer fails to receive any of these notices or the confirmation because Buyer failed to advise Seller of any change of address, telephone or facsimile number, or electronic mail address, or because Buyer has failed to pick up a letter when Buyer has been advised of an attempted delivery or because of any other reason, Buyer will not be relieved of Buyer's obligation to close on the scheduled date unless Seller agrees in writing to postpone the scheduled date. If Seller agrees in writing to reschedule the Closing at Buyer's request, or if Buyer is a corporation (or other business entity) and Buyer fails to produce the necessary documents establishing proof of the organization, good standing and authorization of representatives, asrequested by Seller, and, as a result, Closing is delayed, or if Closing is delayed for any other reason (except for a delay desired, requested or caused by Seller), Buyer agrees to pay at Closing a late funding charge equal to interest, at the then highest applicable lawful rate, on that portion of the Total Purchase Price not then paid to Seller (and cleared), from the date Seller originally scheduled the Closing to the date of actual Closing. Additional late funding charges also may be imposed as stated in this Agreement. All prorations will be made as of the originally scheduled date. BUYER UNDERSTANDS THAT SELLER IS NOT REQUIRED TO RESCHEDULE OR TO PERMIT A DELAY IN CLOSING AND THAT IF BUYER FAILS TO TIMELY CLOSE AS REQUIRED BY THIS SECTION 10, BUYER WILL BE IN DEFAULT UNDER SECTION 16 OF THIS AGREEMENT. 11. TITLE. At Closing, Buyer will receive good and marketable title to the Property, subject to the permitted exceptions listed below ("Permitted Exceptions"). At Closing, Buyerwill receive the following documents, which Buyer agrees to accept as proof that title is as represented above: A. Title Commitment. A written title commitment from a title insurance company licensed in Florida agreeing to issue Buyer a title insurance policy for the Property (ALTA Owner's Policy with Florida modifications) ("Title Policy"). The title commitment will list the following Permitted Exceptions (exceptions subject to which Buyer agrees to take title to the Property): 1. Real property taxes and assessments affecting the Property for the year of Closing, and subsequent years, including any applicable special assessment, community redevelopment or improvement districts; 2. All laws, and all restrictions, covenants, conditions, limitations, agreements, reservations and easements recorded in the public records, or otherwise established with respect to the Project, for example, zoning restrictions, property use limitations and obligations, governmental permits, easements, rights-of-way, plat restrictions and dedications, and agreements relating to utilities, drainage and conservation areas; 3. The restrictions, covenants, conditions, easements, liens, terms and other provisions imposed by the documents contained or referred to in the Homeowner Documents, as defined herein, and any amendments thereto (and any other documents which Seller, in its sole discretion, believes to be necessary or appropriate) which will be recorded by Seller now or at any time after the date of this Agreement in the Public Records of Palm Beach County, Florida, and all amendments to any of such documents; 4. Easements in favor of the Association, as defined herein, and public utility providers for general access over and across the Property and the Project, and for the installation, service, repair, and maintenance of all water retention areas, drainage improvements, roads, and all other improvements and utilities serving the Property and the Project; 5. Minor encroachments, if any, into easement areas serving public utilities by Property-related improvements such as air conditioner pads and equipment, roof and balcony overhangs, which are hereby deemed permitted; 6. The mortgage, and any other security instruments, in favor of Buyer's lender, if any; 7. Deleted 8. All other standard title exceptions contained in an ALTA owner's title policy customarily issued in Palm Beach County, Florida for similarly situated properties, and all other title exceptions for items common to the Project; provided that no limitation on Buyer's title may prohibit construction of the Community Facility, nor the use of it as a Community Facility, subject to the Homeowner Documents. B. Closing Documents. At Closing, Buyer will receive: (i) a special warranty deed to the Property which will be subject to (that is, contain exceptions for) all of the matters described above, (ii) Seller's form of owners (no-lien) affidavit, FIRPTA ("non-foreign") affidavit, and gap affidavit, (iii) Bill of Sale for any personal property contained in the Community Facility, (iv) final as-built survey of the Property, (v) Soil treatment certificate, (vi) Insulation certificate, (vii) Certificate of Occupancy for the Property, and (viii) the Limited Warranty Registration, which shall require Buyer's execution at Closing. Buyer and Seller shall each execute and deliver to the other such additional documents as reasonably required by the closing agent to close the transaction contemplated in this Agreement. The documents (the title commitment, as aforesaid, and the documents listed in this Section 11.B. are collectively referred to herein as the "Closing Documents"). If Buyer finds title not to be in the condition required by this Agreement, then within thirty (30) days of receipt from Seller of the title commitment described above, Buyer shall notify Seller in writing of the specific nature of the claimed title defect and the specific actions needed to correct the alleged title defect, failing which any claimed title defect shown in the title commitment shall be deemed waived by Buyer. In the event Seller cannot provide the quality of title described above, Seller will have a reasonable period of time (at least ninety (90) days after Buyer gives Seller written notice of an objection to title) to correct any defects in title, but Seller is not obligated to do so. If Seller cannot, or at any time elects not to, correct the claimed title defects, then within five (5) days of notice from Seller, Buyer shall elect to either (i) accept title in the condition Seller offers it (with any such defects) and pay the Total Purchase Price for the Property (without reduction or offset), and Buyer shall not make any claims against Seller because of the alleged defects which will also be excepted from the special warranty deed; or (ii) cancel this Agreement and receive a full refund of the Deposit, whereupon Seller will be relieved of all obligations under this Agreement upon delivery to Buyer of the Deposit. If Buyer does not give written notice of such election to Seller within said five (5) day period, Buyer will be deemed to have elected option (i) of the preceding sentence. 12. CLOSING COSTS. Buyer understands that, in addition to the Total Purchase Price (which shall include all Approved Upgrades and Change Orders), Buyer shall pay at Closing the following fees and costs ("Closing Costs"): A. Deleted B. The actual costs of: (i) officially recording the special warranty deed in the Public Records of Palm Beach County, Florida; (ii); deleted (iii) title search fees, title examination fees, settlement fees, and closing administration fees; and (iv) the premium for the Title Policy. Notwithstanding the forgoing, in the event Buyer elects to use Seller's designated closing agent for the Closing (which Buyer has no obligation to do), all of the foregoing costs listed in this Section 12.8. shall be paid by Seller at Closing. In the event Buyer does not so designate, in writing, another closing agent at the time of execution of this Agreement, Buyer agrees that Seller shall designate its closing agent to complete the Closing. C. Buyer's prorated share of the quarterly maintenance assessment charged by the Association for the quarterly assessment period in which the Closing occurs; provided, however, if the Closing shall occur in the last month of any quarter, Buyerwill be charged for the next quarter's assessment at Closing in addition to the aforementioned proration for the current quarter; D Deleted E. Reimbursement to Seller for the cost of providing Buyer with: (i) a final as-built survey of the Property, the cost of which shall not exceed $300, and (ii) a F.E.M.A. elevation certificate, if required, the cost of which shall not exceed $200; F. Reimbursement to Seller for any utility deposits or hook-up fees for the Property which Seller may have advanced prior to Closing; G. deleted H. Any unpaid charges for any Approved Change Orders; deleted J. All fees, costs, points, and charges imposed by Buyer's mortgage lender, if any, shall be paid by Buyer at Closing. Buyer acknowledges the Closing Costs referred to in Section 12.A. and 12.B. above do not include any mortgage loan closing costs of any kind, including, without limitation, the cost of title insurance required by Buyer's lender. In the event Buyer elects to use Seller's designated closing agent for the Closing, as aforesaid, Seller agrees to cause the closing agent to provide title insurance to Buyer's lender for the lowest amount permitted by law, and to coordinate the closing of Buyer's mortgage; K. Real property taxes will be prorated through the day before Closing on the current year's tax amount for the Property. If Closing occurs on a date when the current year's tax assessment is not available, taxes will be prorated on the prior year's tax, as allocated to the Property by Seller, and will be later adjusted by Buyer and Seller based on the exact amount of taxes, with allowance for the maximum applicable discount amount; provided, however, that any request for adjustment and/or re-proration of real estate taxes must be made in writing and delivered by the party requesting the adjustment to the other party within ninety (90) days of the date the notice of the current year's real estate tax assessment is published by the applicable taxing authority. Buyer understands and agrees that if no written request for adjustment or re-proration is made and delivered to Seller within such ninety-day period, any entitlement to adjustment or re-proration of real estate taxes that may exist shall be deemed waived. L. Certified Special Assessments as of the scheduled Closing Date shall be paid by Seller. Pending Special Assessments assessed by governmental agencies as of the scheduled Closing Date shall be assumed by Buyer. If any such Certified Special Assessments are payable in installments, the installment due in the year of Closing shall be prorated and Buyer shall assume the balance of any such installments. 13. HOMEOWNERS' ASSOCIATION. Buyer acknowledges that (i) the Cannery Row Homeowners' Association, Inc., a Florida corporation not-for-profit ("Association") has been established for the purpose of maintaining certain aspects of the Property and the Project. Buyer understands that Seller, due to its present ownership of Lots and properties comprising the Project, currently controls the Association and has the right to appoint officers and directors thereof in accordance with the following documents governing the Property: (i) the Articles of Incorporation of the Association ("Articles"), (ii) the By-Laws of the Association ("By-Laws"),and (iii) the Declaration of Covenants and Restrictions ("Declaration"), all as amended from time to time (the Articles, By- Lawsand Declaration are collectively referred to herein as the "Homeowner Documents"~. Buyer further acknowledges that upon Closing, Buyer shall automatically become a member of the Association and shall be required to comply with all of the terms and provisions of the Homeowner Documents, and Buyer further acknowledges that Buyer shall be liable for the payment of any and all regular and special maintenance assessments levied against the Property pursuant to the Declaration, and that Buyer's failure to pay any such assessments may result in penalties. After Closing, and in accordance with the Declaration, Buyer shall be responsible for the maintenance of the Property. In the event Buyer fails to properly maintain the Property in accordance with the Declaration, the Association shall have the right, but not the obligation, to perform such maintenance required of Buyer pursuant to the Declaration, in which event Buyer shall pay all cost incurred by the Association, including all collection costs. The Association shall have the right to assess the Property for all maintenance costs incurred by the Association. Buyer acknowledges receipt of the proposed Homeowner Documents, which Buyer agrees to adhere to and be bound by the terms thereof, and any future changes provided that Buyer has consented to such changes as provided in the Homeowners Association documents. The provisions of this Section 13 shall survive the Closing. 14. HOMEOWNER ASSOCIATION FEES. Buyer understands that any estimated operating budget provided to Buyer (the "Budget") provides only an estimate of what it will cost to run the Association during the period of time stated in the Budget. The Budget is not guaranteed to be an accurate prediction of the expenditures required of the Association, and, as such, are subject to change at any time and from time to time to reflect actual and projected expenditures or changes in assumptions. These changes may occur before or after Closing, but will not affect any of Buyer's obligations under this Agreement or the Homeowner Documents, except as to resulting changes in closing prorations. Buyer recognizes and agrees that Buyer's assessments may include expenses attributable to Common Property which are not complete or usable by Buyer at any given time. The provisions of this Section 14 shall survive the Closing. 15. ADJUSTMENTS WITH THE ASSOCIATION. Buyer acknowledges that Seller may advance money to the Association, or on behalf of the Association, to pay for certain Association expenses, including, without limitation, insurance premiums, Common Property maintenance and repairs, utility charges and deposits, permit and license fees, charges for service and maintenance contracts, salaries of Association employees, and other similar expenses. Seller is entitled to be reimbursed by the Association to the fullest extent permitted bylaw for all such sums advanced or paid by Seller on behalf of the Association. 16. DEFAULT. If Buyer fails, refuses or neglects to perform Buyer's obligations under this Agreement, Buyer shall be deemed in "default". If Buyer remains in default thirty (30) days after Seller sends notice of any such default, Seller shall be entitled to the remedies provided herein. Seller has agreed to construct the Community Facility in connection with obtaining certain development approvals from the City of Delray Beach for the Project. In that regard, Seller would not construct the Community Facility except for the requirement by the City of Delray Beach to do so in order to grant Seller the required development approvals for the Project. Buyer and Seller agree that as inclusion of the Community Facility in the Project as a condition of receiving development approvals for the Project, it would have no value to Seller in the event Buyer does not close on the purchase of the Community Facility, as such event may jeopardize the underlying approvals for the Project. In the event Buyer's default is failing to close on the scheduled Closing Date, then Seller may seek specific performance to compel it to close on the purchase and sale contemplated bythis Agreement. If Seller fails, refuses or neglects to perform Seller's obligations under this Agreement, Seller shall be deemed in "default." If Seller defaults underthis Agreement, Buyer shall give Sellerwritten notice specifying any such default. If Seller has not cured the default within ten (10) days following Seller's receipt of Buyer's default notice, or, where the nature of the specified default cannot reasonably be cured within such ten-day period, Seller has not commenced a course of action and thereafter diligently pursued such course of action as reasonably required to promptly cure such default within ninety (90) days, Buyer may either (1) receive a refund of all monies paid by Buyer under this Agreement or (2) seek specific performance, without therebywaiving an action to recover Buyer's actual and direct damages (out-of-pocket amounts actually paid by Buyer to third parties). Acceptance of a special warranty deed at Closing shall be Buyer's acknowledgment of full performance by Seller of all of its agreements, duties and obligations under this Agreement and no agreement, duty or obligation of Seller shall survive the Closing except the obligation of Seller to complete the Punch List, the Limited Warranty provided in Section 19 below, and the wan-anties contained in the special warranty deed. The provisions of this Section 16 will survive Closing. 17. Deleted. 18. ONGOING ACTIVITIES. Buyer understands that as long as Sellerowns propertywithin the Project, it may retain offices and model homes within the Project (including on or within Common Property, and any improvements thereon). Seller's sales representatives may show homes, erect advertising signs and conduct any and all activities whatsoever as is necessary and appropriate for the sales, leasing or management of the Project. In addition to the foregoing, Seller, and its affiliates, assignees, contractors, subcontractors, licensees and designees may conduct such construction, marketing and other activities in or around the Project as are deemed necessary or appropriate in the sole discretion of Seller or the party conducting such activities on Seller's behalf, or with Seller's consent .Without limiting the generality of the foregoing, and as a material inducement to Seller to enter into this Agreement, Buyer acknowledges and agrees that SELLER AND/OR OTHER PARTIES MAYBE CONDUCTING CONSTRUCTION, SALES, LEASING, AND OTHER ACTIVITIES WITHIN OR AROUND THE PROPERTY AND THE PROJECT, BOTH BEFORE AND AFTER The CLOSING. BUYER RECOGNIZES THE RIGHTS OF SELLER, OR OTHERS PERMITTED BY SELLER, TO CONDUCT SUCH ACTIVITIES AND HEREBYAGREES NOT TO: (i) DEEM ANY OF THESE ACTIVITIES TO BE NUISANCES OR NOXIOUS OR OFFENSIVE ACTIVITIES, (ii) ENTER, OR ALLOW ANY OTHERS UNDER BUYER'S CONTROL TO ENTER, ANY AREAS WHERE SUCH ACTIVITIES ARE BEING CONDUCTED (EVEN WHEN THEY HAVE TEMPORARILY CEASED, SUCH AS DURING NON-WORKING HOURS), OR (iii) INTERFERE WITH, RESTRICT OR IMPEDE THE WORK OF SELLER OR OTHERS WITHIN THE PROJECT, AND BUYER HEREBY GRANTS SELLER ACCESS TO THE LOT AND ALL PORTIONS THEREOF, SUBSEQUENT TO CLOSING IN ORDER TO COMPLETE ANY WORK WITHIN THE PROJECT. 19. SELLER'S LIMITED WARRANTY. DISCLAIMER OF IMPLIED WARRANTIES .Seller agrees to repair, at Seller's expense, for a period of one (1) year from Closing, all materials that may prove to be defective within one (1) year from the Closing Date ("Limited Warranty"). It is expressly understood that this obligation shall be void if the need for such repairs arises from an act or failure to act by Buyer or Buyer's agents, servants, lessees, employees, or invitees, or if such need arises by virtue of an act of God, or if Buyer shall have attempted to repair same without first giving Seller thirty (30) days prior written notice thereof. This Limited Warranty shall be the only warranty that Seller shall make or be obligated to make regarding the Property or Project. BUYER UNDERSTANDS THAT THE ABOVE-DESCRIBED LIMITED WARRANTYTO BE DELIVERED TO BUYER AT CLOSING IS THE ONLY WARRANTY MADE BY SELLER WITH REGARD TO THE PROPERTY OR THE PROJECT, AND, TO THE MAXIMUM LAWFUL EXTENT AND UNLESS CLEARLY AND ABSOLUTELY PROHIBITED BY LAW, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND HABITABILITY, ANY WARRANTIES IMPOSED BY STATUTE, AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND OR CHARACTER ARE SPECIFICALLY DISCLAIMED, AND SELLER HAS NOT GIVEN AND BUYER HAS NOT RELIED ON OR BARGAINED FOR ANY SUCH WARRANTIES. AS TO ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIMED ENTIRELY, ALL SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED, WAIVED AND DISCLAIMED (CLAIMS FOR SUCH SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN THE CASE OF IMPLIED WARRANTIES WHICH ARE DISCLAIMED ENTIRELY ABOVE). BUYER UNDERSTANDS AND HEREBY AGREES TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY. Without limiting the generality of the foregoing, if, but only if, Seller is prohibited from disclaiming entirely certain implied warranties by reason of the provisions of the "Magnuson-Moss WarrantyAct" (15 U.S.C. §§2301-2312) (the "Warranty Act"), if applicable, Seller HEREBY LIMITS THOSE IMPLIED WARRANTIES, IF ANY, AS FOLLOWS: (i) IN SCOPE TO THOSE, IF ANY, GIVEN ON "CONSUMER PRODUCTS," IF ANY, AS DEFINED IN THE WARRANTY ACT, IF APPLICABLE) WHICH ARE ACTUALLY COVERED BY THE LIMITED WARRANTY, AND (ii) IN DURATION TO THE ONE YEAR PERIOD OF SELLER'S LIMITED WARRANTY, AND ALL THOSE IMPLIED WARRANTIES, IF ANY, ARE HEREBY DISCLAIMED ABSOLUTELY THEREAFTER. Buyer understands and agrees that Seller is authorized to utilize a 3'~ party warranty management service in connection with the administration of any warranty provided to Buyer for the Community Facility, and that Buyer agrees to execute any registration forms or agreements in connection with such warranty administration. Seller will deliverto Buyer, at Closing, any and all manufacturers' warranties, which will be passed through to Buyer at Closing, none of which manufacturers' warranties are expressly warranted in any way by Seller. The provisions of this Section 19 will survive Closing. 21. NOTICES. Unless this Agreement states other methods of giving notices, whenever either party is required or desires to give notice to the other party, the notice must be in writing and sent either: (i) by first class mail, postage prepaid (unless sent outside of the United States, in which event written notices to Buyer may be sent by regular air mail); (ii) by facsimile transmission or electronic mail if Buyer has indicated a facsimile number orelectronic mail address on Page 1 of this Agreement; or (iii) by a national overnight courier service, to the address for Buyer set forth on Page 1 of the Agreement. A change of address notice is effective when it is received. All other written notices are effective on the day they are properly mailed, transmitted, or delivered, as the case may be, whether or not received (and all permitted non-written notices to Buyer are effective on the date given by Seller) unless receipt is required as specifically set forth in portions of this Agreement. 22. TRANSFER OR ASSIGNMENT. Buyer may transfer or assign Buyer's interest in this Agreement to the Delray Beach Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc. without the approval of Seller, if Buyer wishes to assign this Agreement to another entity it must first obtain consent of Seller, which shall not be unreasonably withheld. Seller may assign or transfer freely all of its rights and obligations under this Agreement. 23. Deleted. 24. FLORIDA LAW: SEVERABILITY. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Florida, and any disputes in connection with this Agreement will be settled according to Florida law. If any part of this Agreement violates a provision of Florida or federal law, such law will control. In such case, however, the remainder of the Agreement (not in violation) will remain in force and effect. Without limiting the generality of the foregoing, it is Buyer's and Seller's mutual desire and intention that all provisions of this Agreement be given full effect and be enforceable strictly in accordance with their terms. If, however, any part of this Agreement is not enforceable in accordance with its terms or would render other parts of this Agreement or this Agreement, in its entirety, unenforceable, the unenforceable part or parts are to be judicially modified, if at all possible, to come as close as possible to the expressed intent of such part or parts (and still be enforceable without jeopardy to other parts of this Agreement, or this Agreement in its entirety), and then are to be enforced as so modified. If the unenforceable part or parts cannot be so modified, such part or parts will be stricken and considered null and void, and the remainder of this Agreement shall continue in full force and effect, in order that the mutual paramount goal (that this Agreement is to be enforced to the maximum extent possible strictly in accordance with its terms) can be achieved. Without limiting the generality of the foregoing, if the mere inclusion in this Agreement of terms granting to Seller certain rights and powers, or waiving or limiting any of Buyers rights or powers or Seller's obligations (which otherwise would be applicable in the absence of such terms), results in a final conclusion (after giving effect to the above judicial modification, if possible) that Buyer has the right to cancel this Agreement and receive a refund of Buyer's Deposit, such offending rights, powers, limitations and/or waivers shall be stricken, cancelled, rendered unenforceable, ineffective and null and void. Under no circumstances shall either Buyer or Seller have the right to cancel this Agreement solely by reason of the inclusion of certain language in this Agreement (other than language which is intended specifically to create such a cancellation right). THE FOLLOWING SENTENCE WILL SUPERSEDE AND TAKE PRECEDENCE OVER ANYTHING IN THIS AGREEMENT THAT IS IN CONFLICT WITH IT: IF ANY PROVISIONS SERVE TO LIMIT OR QUALIFY SELLER'S SUBSTANTIAL COMPLETION OBLIGATION HEREIN, AND SUCH LIMITATIONS OR QUALIFICATIONS ARE NOT PERMITTED IF THE EXEMPTION OF THIS SALE FROM THE INTERSTATE LAND SALES FULL DISCLOSURE ACT PURSUANT TO 15 U.S.C. § 1702(a)(2) IS TO APPLY OR THIS AGREEMENT IS TO OTHERWISE BE FULLY ENFORCEABLE, THEN ALL THOSE PROVISIONS ARE HEREBY STRICKEN AND MADE NULL AND VOID AS IF NEVER A PART OF THIS AGREEMENT. FOR PURPOSES OF THIS PARAGRAPH ONLY, THE WORDS "THIS AGREEMENT" INCLUDE IN THEIR MEANING THE HOMEOWNER DOCUMENTS. 25. TIME OF THE ESSENCE. The performance of all obligations on the precise times stated in this Agreement is of absolute importance, and failure to perform any such obligations on time is an event of default, time being of the essence with respect to each provision of this Agreement which requires performance by Buyer within a specified time period or upon a specified date. If the deadline for the performance of any obligation under this Agreement, or the expiration of any time period under this Agreement, falls on a Saturday, Sunday or legal holiday, then the applicable time period shall be extended to the next succeeding business day. 26. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties, and may not be amended except by written agreement executed by all parties hereto. Any current or prior agreements, understandings, verbal and visual representations and statements, including, without limitation, artist's rendering, sales and advertising materials, or oral statements and representations of Seller's sales representatives, if not expressed in this Agreement or in the Homeowner Documents, are hereby merged into the terms of this Agreement and are void and have no effect, and Buyer acknowledges that Buyer has not relied on any such information or materials. 27. LITIGATION. The venue of any litigation or other dispute resolution arising out of this Agreement shall be Palm Beach County, Florida. This provision shall survive the Closing or earlier termination hereof. 28. Deleted 29. SURVIVAL. The provisions and disclaimers in this Agreementwhich are expresslysetforth herein to have effect after Closing (but only those provisions and disclaimers) will continue to be effective after Closing and delivery of the deed. All other provisions of the Agreement shall be deemed performed or waived at Closing, and shall be merged into the deed. 30. INCORPORATION BY REFERENCE. Every exhibit, schedule, modification, rider, and other addendum and appendix attached to this Agreement or referred to herein is hereby incorporated in this Agreement._ 31. Deleted. 32. Deleted. 33. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 34. CONSTRUCTION. Every covenant, term, provision of this Agreement shall be construed simply according to its fair meaning, and shall not be more strictly construed against any one of the parties hereto. Further, notwithstanding the fact that the form of this Agreement has been drafted, initially, by Seller, all parties to this Agreement have participated fully in the negotiation and preparation hereof, and as this Agreement has been fully negotiated between the parties hereto, the principle of contract interpretation which would result in any ambiguity being construed against the draftsman shall not, and is not intended, to apply. In construing this Agreement, the singularshall be held to include the plural, the plural shall be held to include the singular, and the use of any gender shall be held to include every other gender. The titles and captions contained herein are for convenience only and shall not be deemed a part of the context of this Agreement. 35. NEGOTIATIONS. Buyer acknowledges that the negotiation of this .Agreement and all discussions with Seller and its agents regarding the sale of the Property were conducted in the English language. Buyer also acknowledges that (a) Buyer has had ample opportunity to inspect the documents provided to Buyer pursuant to this Agreement, and pursuant to any request of Buyer, and (b) that although Seller's sales agents are not authorized to change the form of this Agreement, they have strict instructions from Seller to communicate any of Buyer's requests for changes to this Agreement to Seller's management, which has given Buyerthe opportunityto discuss and negotiate any such changes to the Agreement. In light of the foregoing, Buyer's decision to sign this Agreement now is totally free and voluntary and Buyer acknowledges and accepts all of the provisions of the Agreement as fair, reasonable, negotiated, discussed and explained to Buyer's complete satisfaction. 36. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, and shall be binding upon the party or parties who executed same, but all of such counterparts shall constitute one and the same Agreement. 37. EFFECTIVE DATE. The effective date ("Effective Date") of this Agreement shall be the date stated on Page 1 of this Agreement, and shall be the date from which all time periods under this Agreement are computed. 38. Deleted 39. OTHER STATUTORY DISCLOSURES. A. Chapter 558 Notice of Claim. CHAPTER 558, FLORIDA STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR COMMUNITY FACILITY. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. B. Florida Homeowners' Construction Recovery Fund. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND: PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-1039 (850) 487-1395. C. Real Estate Taxes. BUYERS SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEARS SUBSEQUENT TO PURCHASE. A CHANGE IN OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. D. Homeowner's Association Disclosure Summarv.ATTACHED HERETO AS EXHIBIT "D" IS A HOMEOWNER ASSOCIATION DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES WHICH IS HEREBY INCORPORATED IN AND MADE A PART OF THIS AGREEMENT. IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. E. Insulation Disclosure. Seller has disclosed to Buyer, as required bythe applicable rules of the Federal Trade Commission that the type, thickness, R-value and location of the insulation Seller intends to install in,the Community Facility, are as follows: None, as no insulation shall be installed by Seller. Buyer understands that the above information is based solely on the information provided by the manufacturers of such insulation products, and Buyer agrees that Seller is not responsible for any manufacturers' errors or discrepancies. All of the foregoing information is subject to Seller's rights, under this Agreement to make changes in the Construction Specifications, and to any applicable limitations of Seller's liability to Buyer. Pursuant to F.S., Chapter 553.996, Buyer acknowledges receipt of the Energy-Efficiency Standards published by the Florida Dept. of Community Affairs, which among other things, notifies Buyer of the option of obtaining, at Buyer's expense, an energy-efficiency rating on the Community Facility. F. Radon Gas. Seller does not conduct radon testing with respect to the Property, and specifically disclaims any and all representations or warranties as to the absence of radon gas or radon producing conditions in connection with the Property. THE FOLLOWING PARAGRAPH IS PROVIDED FOR INFORMATIONAL PURPOSES PURSUANT TO FLORIDA STATUTES 404.056(8): RADON GAS IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT; WHEN IT HAS 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 AND RADON TESTING MAYBE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH DEPARTEMENT. 40. ADDITIONAL DISCLOSURES AND DISCLAIMERS. Seller hereby discloses the following information to Buyer which Buyer should carefully evaluate in its decision to purchase the Property: (a) Buyer acknowledges that certain aspects of the Common Property may, in some cases, be unfinished as of the date of Closing, and that Buyer will accept such improvements and facilities in their "AS IS" condition as of the Closing Date. (b) Although the glass and windows in the Community Facility are impact-resistant, according to the manufacturer, Seller makes no representations as to the resistance qualities or capabilities of the glass windows or doors in the case of a majorweather event. (c) Buyer acknowledges Seller may obtain FNMA or FHLMC project approval; however, Seller is not required to obtain the approval. (e) Buyer acknowledges that any proposed Association budget provided to Buyer reflects estimated expenses, and, as an estimate, such expenses are subject to change between the time of Buyer's receipt of any proposed Association budget and the time such expenses are to be paid by the Association. The provisions of this Section 40 will survive Closing. 41. BUYER OPTIONS. In addition to Buyer's rights herein to purchase the Community Facility at Seller's cost, not to exceed $530,000.00, and as more particularly described in that Developer Agreement, of even date herewith, between Buyer and Seller, Buyer shall have to option, upon notice to Seller as described below, to: a) not proceed with the purchase of the Community Facility, but, instead, purchase Lot 12, only, to be used for park purposes only, with appropriate deed restrictions allowing only use as a park, and without any improvements thereto other than water service (using Buyer's water meter and Buyer bearing all water usage charges), landscaping and irrigation for the Lot 12, whereby Lot 12 shall be owned by Buyer (or the public for park purposes if so dedicated by Buyer or by Seller through an amendment of the Plat); or b) terminate this Agreement without penalty to Buyer if Buyer determines, in its sole discretion, that the purchase of Lot 12 for purposes of a Community Facility or a park is not in the best interests of Buyer. In the event Buyer elects to terminate this Agreement, Buyer shall not thereafter impose upon Seller, or any successor in interest, a requirement to construct any commercial improvements within the Project. Notwithstanding any other notice requirements herein, Seller shall notify Buyer in writing, at least sixty (60) days prior to applying for building permits for the building in which the Community Facility unit is to be constructed, that Seller intends to proceed with construction of such building ("Seller's Notice to Proceed"). Buyer shall notify Seller in writing within sixty (60) days of receipt of Seller's Notice to Proceed that Buyer has elected to: a) purchase the Community Facility unit at Seller's cost, not to exceed $530,000.00, as aforesaid; orb) purchase Lot 12, only, at Seller's cost of $200,000.00 for park purposes, as aforesaid; or c) terminate this Agreement without penalty to Buyer. In the event Seller does not receive notice of Buyer's election under this section within sixty (60) days of receipt of Seller's Notice to Proceed, Seller shall deem such failure to notify Seller as Buyer's election to terminate this Agreement, whereupon Seller may proceed with development of the Project without any requirement of commercial improvements. BY SIGNING BELOW, BUYER AND SELLER AGREE TO BE BOUND BY ALL TERMS AND PROVISIONS OF THIS AGREEMENT. ACCORDINGLY, BUYER IS HEREBY ADVISED TO CAREFULLY REVIEW THIS AGREEMENT AND THE HOMEOWNER DOCUMENTS, AND TO CONSULT WITH AN ATTORNEY OF BUYER'S CHOICE. If, after the execution of this Agreement, Buyer or any attorney on Buyer's behalf, informs Seller that Buyer desires or intends to terminate this Agreement, or that Buyer is or may be unable or unwilling to comply with any of the terms of this Agreement, then, at the option of Seller, same will constitute a default by Buyer. IN WITNESS WHEREOF, the parties hereto have sworn to and executed this Agreement as of the date first above written. SELLER: CANNERY ROW LLC, a Florida limited liability company By: Ironwood Development, Inc., a Florida corporation, its Managing Member By: Cary Glickstein, as President BUYER: CITY OF DELRAY BEACH By: Print Name: Attest: Print Name: EXHIBIT "A" PLAT EXHIBIT "B" FLOOR PLANS AND ELEVATIONS EXHIBIT "C" CONSTRUCTION SPECIFICATIONS EXHIBIT "D" DISCLOSURE SUMMARY FOR CANNERY ROW HOMEOWNERS ASSOCIATION IF THE DISCLOSURE SUMMARY REQUIRED BY CHAPTER 720, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THIS DISCLOSURE. AS A BUYER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION ("ASSOCIATION"). THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS ("COVENANTS") GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. YOU W ILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $330.00 PER MONTH. YOU W ILL ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE. IFAPPLICABLE, THE CURRENT AMOUNT IS $0.00. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS ORASSESSMENTS LEVIED BYA MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULT IN A LIEN ON YOUR PROPERTY. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IFAPPLICABLE, THE CURRENT AMOUNT IS $ 0.00. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE RESTRICTIVE COVENANTS W ITHOUT THE APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED. OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER. BUYER DATE BUYER DATE Prepared by and Return to: Ironwood Development, Inc. 277 SE 5`h Avenue Delray Beach, Florida 33483 CANNERY ROW DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (the "Declaration") is made this day of , 20067, by CANNERY ROW LLC, a Florida limited liability company ("Developer"). WITNESSETH: WHEREAS, Developer is the fee simple owner of certain real property located in Palm Beach County, Florida, which is more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Developer is developing all of the Property as a residential townhome community to be known as Cannery Row ("Cannery Row"), which shall include therein various Common Property, as hereinafter defined, for the collective use of all Owners of Cannery Row, and which shall consist of the Property now submitted to this Declaration; and WHEREAS, Developer desires to: (I) provide for the preservation of the values, amenities and improvements of the Property as are hereby or as maybe hereafter established; (ii) to provide for the maintenance, repair, replacement and administration of the Property; and (iii) to establish the rights, duties and obligations of Owners relative to the use of the Property and the payment of their respective shares of the cost of maintenance, repair, replacement and administration of the Property; and WHEREAS, Developer has caused Cannery Row Homeowners' Association, Inc., a Florida corporation not-for- profit (the "Association"), to be incorporated under the laws of the State of Florida for the purpose of performing those functions hereinabove set forth, which Association has joined in this Declaration and to which there has been and will be delegated and assigned certain powers and duties of ownership, operation, administration, maintenance and repair of the Property, the enforcement of the covenants and restrictions hereinafter set forth„ and the collection and disbursement of Operating Expenses, as hereinafter defined. WHEREAS, Developer desires to commit the Property to the terms and provisions of this Declaration, and Developer shall convey all Common Property, Lots and Residences, as defined herein, subject to the terms and provisions of this Declaration. NOW, THEREFORE, in consideration of the premises and covenants contained herein, Developer hereby declares that the Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, easements, reservations, regulations, conditions, burdens and liens set forth herein, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Property. These covenants, restrictions, easements, reservations, regulations, conditions, burdens and liens shall run with the Property, and shall be binding on all parties having or acquiring any right, title, interest in the Property or any portion thereof, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS The following words and phrases when used in this Declaration (unless the context should clearly reflect another meaning) shall have the following meanings: 1. "Property" shall mean all of that certain real property described on Exhibit "A" attached hereto and made apart hereof. 2. "Cannery Row" shall mean the eighty-three (83) single-family townhome community, Community Facility, as defined herein, and related Common Property, as defined herein, known as "Cannery Row" to be constructed upon the Property. 3. "Owners" shall mean all record owners, collectively, whether one or more persons or entities, of fee simple title to any Lot that is a part of the Property. 4. "Plat" shall mean the instrument entitled CANNERY ROW, according to the Plat thereof, as recorded in Plat Book _, at Page , of the Public Records of Palm Beach County, Florida. 5. "Lot" shall mean a portion of the Property upon which a "Residence" is permitted to be erected or has been erected, and as shown on the recorded Plat, and shall specifically exclude Common Property. Property. "Residence" shall mean any residential single-family dwelling unit located within a Lot within the "Common Property" shall mean all portions of the Property other than Lots and Residences. 8. "Residential Property" shall mean all portions ofthe Property designated as such in this Declaration, and, collectively, are all those portions of the Property upon which Residences may be constructed. assigns. profit. 9. "Developer" shall mean Cannery Row LLC, a Florida limited liability company, its successors and 10. "Association" shall mean Cannery Row Homeowners' Association, Inc., a Florida corporation not-for- 11. "Articles" shall mean the Articles of Incorporation of the Cannery Row Homeowner's Association, Inc., all exhibits which are attached thereto and made a part thereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms thereof. The Articles are attached as Exhibit "B" hereto and made a part hereof. 12. "By-Laws" shall mean the By-Laws of the Cannery Row Homeowner's Association, Inc., all exhibits which are attached thereto and made a part thereof, and shall include such amendments, if any, as maybe adopted from time to time pursuant to the terms thereof. The By-Laws are attached as Exhibit "C" hereto and made a part hereof. 13. "Directors" or "Board" shall mean the Board of Directors of the Association. 14. "Declaration" shall mean this instrument and any and all supplements or amendments hereto. 15. "Cannery Row Documents" shall mean in the aggregate the Plat, Declaration, Articles, By-Laws, and all of the instruments and documents referred to therein or referred to herein. 16. "Members" shall mean all Owners, collectively, who are Members of the Association as provided herein. 17. "Operating Expenses" shall mean the expenses for which Owners are liable to the Association as described in this Declaration, and in any other of Cannery Row Documents, and includes, without limitation, the costs and expenses incurred by the Association in administering, operating, maintaining, repairing and replacing the Common Property, and all improvements thereon and thereto, and those elements of the Lots and Residences which are to be maintained, repaired, and replaced by the Association as provided in this Declaration. 18. "Lenders" shall mean: (I) any lending institution having a first mortgage lien upon a Lot, including any Savings and Loan Association, Bank, Real Estate Investment Trust, or Mortgage Banking Company doing business in the State of Florida; (ii) the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation and such other secondary mortgage market institutions which have acquired a first mortgage lien upon a Lot; (iii) any and all investing or lending institutions, or the successors and assigns of such lenders, which have loaned money to Developer to acquire or construct improvements upon the Property and which hold a mortgage upon any portion of the Property securing such a loan; and (iv) any entity which acquires title to a Lot at a Clerk's sale following the foreclosure of a mortgage lien in favor of a Lender as herein defined. 19. "City" shall mean the City of Delray Beach, Florida. 20. "County" shall mean Palm Beach County, Florida. 21. "Utilities" shall mean all water, sanitary sewer, drainage, electric, gas, telephone, cable television, and other public or private utility systems, services and facilities serving the Common Property, Lots and Residences. 22. "Community Facility" shall mean the Unit - situated on Lot 12 and Lot 12. 23. "Corner Park" shall mean the public park are in the Northeast corner of the Property, as depicted on the Tract "G" on the Plat, which shall be open to the public pursuant to rules promulgated by the City from time-to- time for the Corner Park, which may include the display of public art. 24. "Turnover Date" shall mean the date upon which Developer no longer controls the Association's Board of Directors by virtue of Developer's appointees being Directors, which shall occur upon the earliest of the following events to occur: (I) within ninety (90) days following the date upon which ninety percent (90%) of the Lots in Cannery Row have been conveyed to third party purchasers; (ii) five (5) years following conveyance of the first Lot to a third party purchaser; or (iii) Developer's election to allow Owners to appoint a new Board of Directors which is comprised of Owners other than Developer. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the terms and provisions of this Declaration, and any lawful amendments hereto. ARTICLE III LAND USE CLASSIFICATIONS AND RESTRICTIONS In consideration of the benefits hereinafter contained, Developer does hereby declare that the following provisions shall be applicable to the Property, which shall be sold, transferred, conveyed, demised and occupied subject to the terms of this Declaration, to wit: 1. Residential Property. Residential Property is that portion of the Property upon which Residences may be constructed and shall be for residential use only. Residential Property consists of Lots 1 - 11, inclusive and Lots 13 -83, inclusive, as depicted on the Plat. Except for facilities relating to the construction, development, and sales activities of Developer which are permitted on Residential Property as provided herein, only Residences may be constructed on Residential Property. Commercial or business activities are not permitted on Residential Property except for the construction, development and sale of the Lots and Residences constructed thereon, and except for direct accessory services to the Residential Property such as the provision of Utilities, maintenance and repair of Lots and Residences, and other such services. Common Property. a. Owner's Right of Enjoyment. The Common Property shall be for the sole and exclusive use of Residence Owners and Residence Owner's family, guests, invitees and tenants; provided, however, that the Community Facility Owner and Community Facility Occupants, as defined herein, shall only have a right and easement for ingress and egress over Common Property. Subject to the provisions of this Declaration, Owners shall have a right and easement of enjoyment in and to the Common Property in common with all other Owners and such rights and easements shall be appurtenant to and pass with the title of every Lot. Such rights and easements shall inure to the benefit of Owners and Owner's family, guests, and tenants, though subject to: (I) The right of the Association to limit the number of guests and tenants of Residence Owners; (ii) The right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Property and the facilities thereon and, in aid thereof, to mortgage said Common Property, and the rights of such mortgagee in the Common Property shall be subordinate to the rights of the Owners hereunder; (iii) The right of the Association to suspend the voting rights of any Owner and to suspend the rights of any Owner to the use of the Common Property for any period during which any Assessment against such Owner's Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of the Association's published rules and regulations; (iv) The right of the Association to dedicate or transfer all or any part of the Common Property to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Owners. No such dedication or transfer shall be effective unless an instrument signed by not less than two-thirds (2/3) of all Owners entitled to vote has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to all Owners not less than 30 days nor more than 60 days in advance of the duly called meeting at which the vote on such dedication or transfer is held. Nothing contained herein shall be construed to imply that any Common Property may be dedicated or transferred without complying with the zoning and platting regulations of the governmental authorities having jurisdiction over the Property; (v) The right of Developer or the Association to establish, from time to time, certain easements over the Common Property for purposes of installing, maintaining and repairing Utilities, which easements may benefit property and persons not subject to this Declaration; and (vi) The right of duly authorized employees, contractors and agents of the Association to enter upon the Common Property for proper purposes of the Association, and the right of designated officials of governmental authorities having jurisdiction over the Property to enter upon the Common Property for purposes of enforcing applicable ordinances, rules, and regulations of said governmental authorities, and to correct or eliminate nuisances or violations resulting from the failure of either an Owner or the Association to exercise its maintenance responsibilities. b. Title to Common Property. Developer hereby covenants for itself, its successors and assigns that it will convey to the Association fee simple title to the Common Property on or before the Turnover Date, free and clear of all encumbrances and liens, but subject to the terms and provisions of this Declaration, real estate taxes for the year of such conveyance; all applicable zoning ordinances; and all covenants, easements, restrictions and reservations of record. Except as is provided herein, .once the Common Property, or any portion thereof, becomes vested in the Association, such Common Property, or any portion thereof, so vested in the Association and the improvements thereon shall not be abandoned, partitioned, subdivided, alienated, released, transferred, hypothecated, or otherwise encumbered without first obtaining the written approval of all Lenders (as shown by the Public Records of the County); provided, however, that nothing in this Section shall be deemed to prohibit the Association from granting such easements as are reasonably necessary or appropriate for the development and improvement of the Common Property and the use thereof in a manner consistent with the provisions of this Declaration, nor shall the foregoing prohibit the Association from encumbering the Common Property provided such encumbrances are solely to secure loans for improving the Common Property being encumbered. c. Dele¢ation of Use. Any Residence Owner may delegate, in accordance with this Declaration, a Residence Owner's right of enjoyment to the Common Property and facilities thereon to a Residence Owner's family members, tenants, invitees and guests who reside in such Owner's Residence; provided, however, that the Community Facility Owner and Community Facility Occupants, as defined herein, shall only have a right and easement for ingress and egress over Common Property. d. Guest and Handicap Parking. Any and all guest and handicap parking spaces may be used by a Residence Owner's guests, servants, and invitees on anon-exclusive and non-assigned basis. Until such time as the Community Facility is converted to solely residential use, the Community Facility Owner and Community Facility Occupants are not permitted to use any parking spaces on the Property. If the garage is built with the Community Facility Unit, or if the garage is later added to the Community Facility unit staff occupants or licensees of the Community Facility may utilize the garage for parking. No guest parking for the Community Facility shall be allowed in the garage. e. Mailboxes. A mailbox will be provided for each Residence, and shall be located on the Common Property or on certain Lots according to U.S. Post Office Rules and Regulations. 3. Developer's Reserved Rights. Notwithstanding any provisions in this Declaration to the contrary, and in recognition of the fact that Developer will have a continuing and substantial interest in the development and administration of the Property, Developer hereby reserves for itself and its successors and assigns the following rights and privileges, and the Association recognizes, agrees to, and acknowledges that Developer and its successors and assigns shall have the following rights and privileges without any cost to Developer and its successors and assigns for such rights and privileges, and that the property rights granted to Owners pursuant to this Declaration shall be subject to (I) The right of Developer to execute all documents and take such actions and do such acts affecting the Property which, in Developer's sole discretion, are desirable or necessary to facilitate Developer's development of the Property; (ii) Easements of record as of the date hereof and easements which may hereafter be rg anted by Developer to any public or private Utilities or governmental authorities for the installation, maintenance and repair of Utilities serving the Property or any portion thereof, and any easements hereafter granted by Developer for ingress and egress to and over the Property, whether or not such easements benefit property or persons subject to this Declaration; and (iii) Developer's rights of access, ingress and egress to and through, over and about the Lots and the Common Property during such period of time that Developer is engaged in any construction or improvement work on or within the Property. Developer shall have an easement thereon for the purpose of storage of materials, vehicles, tools, equipment, etc., which are being utilized in connection with such development, improvement or construction. Additionally, Developer's rights hereunder shall include, without limitation, full rights of access, ingress and egress to, over and about the Lots and the Common Property for sales activities in connection with the sale and promotion of the Lots and Residences. Developer is specifically granted the right to maintain a sales office in any Residence owned by Developer. No Owner, or Owner's guests, employees, invitees, or tenants shall in any way interfere or hamper Developer, its agents, employees, contractors, successors or assigns in connection with such development, construction or sales activities. (iv) In the event the Citv determines that acquisition or ownership of the Community Facility is not in the City's best interest Developer reserves the right to convert the Community Facility into an additional Residence or other improvement which may include a commercial use such as office orretail uses, either in combination with or without a residential component Provided however nothing contained herein shall constitute a covenant by the City to approve any such use. For purposes of this Article III, Section 2, the term "Developer" shall include any Lender which has loaned money to Developer to acquire or construct improvements upon the Property or its successors and assigns if such Lender or its successors or assigns acquires title to any portion of the Property as the result of the foreclosure of any mortgage encumbering the Property and securing any such loan to Developer, or acquires title thereto by deed in lieu of foreclosure. The rights and privileges of Developer as set forth in Section 2 are in addition to and in no way limit any other rights or privileges of Developer under any other of the Cannery Row Documents, and shall terminate on the Turnover Date or upon such earlier date as Developer shall notify the Association in writing of Developer's voluntary written election to relinquish the aforesaid rights and privileges of use. 4. Rules and Regulations. The administration, management, operation, maintenance and repair of the Common Property and all improvements thereon shall be the responsibility of the Association. The Association, through its Board, shall have the right to promulgate and impose rules and regulations and thereafter to modify, alter, amend, rescind and augment any of the same with respect to the use, operation and enjoyment of the Common Property and any improvements located thereon, including, without limitation, establishing hours and manner of operation and establishing requirements as to dress and decorum. 5. No Dedication to Public Use. Nothing contained in this Declaration shall be deemed to constitute a dedication, express or implied, of any part of the Common Property to or for any public use or purpose whatsoever. 6. Easements. a. Reservation of Easements. Easements for the installation, maintenance, and repair of Utilities are set forth and contained in the recorded Plat, and all such easements shall allow appropriate representatives of all Utility providers access through such easement areas for monitoring and billing purposes, and, in this regard, no Owner shall block the access to the front and rear of any Residence through such easement areas. In addition to the easements set forth in the Plat, Developer expressly reserves easements to Developer and the Association, their successors and assigns, for the installation, maintenance and repair of Utilities and for ingress and egress over the Common Property, and Developer and the Association shall have the right to set forth with more specificity the exact location and placement of any such easements. Easements will be located within the Common Property except that an easement is reserved to Developer and the Association, their successors and assigns, on each Lot for the installation, maintenance and repair of the service connections associated with the Utilities to any Lot or Residence, and except that an easement is reserved within each Lotto Developer, the Association, and Owners of other Lots in the same building, their successors and assigns, for the maintenance, repair and replacement of such Utilities as built by Developer on such Lot and which Utilities serve other Lots in the same building. Any damage to a Residence caused by anyone utilizing any such easement within the Lot, shall be immediately repaired by the person causing the damage. b. Easements are expressly provided for and reserved in favor of Owners, and their guests, invitees and tenants, for ingress and egress over and about the Common Property, and for vehicular and pedestrian traffic over and across such portions of the Common Property as are used for roads within the Property. The rights provided under such easements shall be exercised by the foregoing parties in a manner so as not to interfere with the use and enjoyment of the Common Property by other Owners and Owner's family, guests, invitees, and tenants. Developer and the Association shall have the right to grant similar easements to persons and property not subject to this Declaration. Easements are also reserved in favor of Owners and Owner's guests, invitees and tenants over sidewalks and other areas ofthe Common Property for ingress and egress to their Lots and Residences. Access easements are also reserved in favor of the Association over the Lots and Common Property for emergency purposes, and for purposes of maintaining and repairing property and improvements that are the Association's obligation to maintain and repair. c. Encroachment Easements.Notwithstanding anyprovision to the contraryherein, inthe event that any Residence, as constructed by the Developer, encroaches upon any portion of the Common Property or adjoining Lots, a perpetual easement appurtenant to such Lot shall exist for the continuance of any such encroachment on the Common Property or adjoining Lots. In the event any fence, roof, overhanging roof, or portion of the Residence, as constructed upon any Lot by Developer, encroaches or overlaps upon any other Lot or the Common Property, a perpetual easement appurtenant to the Lot upon which the fence, roof, overhanging roof, or Residence is constructed shall exist for the continuation of any such encroachment or overlapping upon the adjoining Common Property or Lots. 7. Community Facility. The Community Facility shall be operated pursuant to rules promulgated by the City and pursuant to rules promulgated by the Association. In that regard, the City and Developer recognize that the Community Facility is part of a residential community, and shall be sensitive the needs and desires of the Owners without undermining the intended purposes of the Community Facility. As of the effective date of this Declaration, the City and Developer do not know how the Community Facility will be used other than it may will be a public facility_ ussd-rct . Accordingly, it is contemplated that the Community Facility may wifi~ be used for a combination of uses. , ' , The parties understand and agree that as the City moves forward in developing a plan for the utilization of the Community Facility and becomes aware of the nature of the intended use and the partv(ies) who may be utilizing the Community Facility the following rules may need to be amended The Developer agrees to cooperate in good faith with the City in amending the rules to allow for the City's intended use of the Community Facility while remaining sensitive to the surrounding residential use. While the architecture of the Community Facility will be similar to the Residences, there will be differences due to the public nature ofthe facility. In the event the City determines that ownership ofthe Community Facility is not in the City's best interest, the Citv reserves the right to convert the Community Facility into an additional Residence or other improvement as allowed by applicable zoning regulations. a. Rules for the Community Facility. Except for the front entry door(s) fronting Pineapple Grove W ay, and any emergency exists, no occupant, patron, employee, tenant, licensee, guest of the Community Facility (collectively referred to herein as "Community Facility Occupants") shall have access to or through the rear or side of the Community Facility, except for refuse collection at the rear of the Community Facility, which shall be stowed in similar containers as the Residences within the Community Facility until normal refuse collection days, at which time all refuse and recycling containers shall be promptly stowed inside the Community Facility, and except for periodic deliveries that cannot be otherwise accommodated through the front entrance, whereby such deliveries shall only be permitted between the hours of 9:00 and 5:00, Monday through Friday. Further, future access through the rear may be applicable pursuant to Article III, Section 2.d. There shall be no exterior dumpster of any kind. There shall be no permanent food or beverage services offered. All parking for the Community Facility shall be off the Project property, such that there shall be no parking by any Community Facility Occupants on or within the Property, subiect to the terms of Article III, Section 2.d. Community Facility Occupants shall have no access to any recreational amenities located on or within the Property provided however that should the Community Facility be converted to solely residential use, upon adjustment of the Community Facility's share of common expenses to include costs for the recreational amenities located on or within the Property Community Facility Occupants shall have access to any recreational amenities located on or within the Property. Hours of operation shall be similar to normal business hours such that operations shall not start prior to 8:00 am and shall cease entirely by 10:00 $-•99 pm (Monday through Thursday); 8:00 am - 12:00 am i-9-@@ prrr(Friday and Saturday); - ,and 12:00 pm -6:00 499 pm (Sunday). - The hours of operation set forth herein shall apply to any use of the Community Facility or the unit on Lot 12 unless solely residential. The Community Facility Occupants shall abide by all rules and regulations stated in Article IV of this Declaration to the extent same relates to such a community facility, including, without limitation prohibitions against anything that would be a nuisance to Owners. The City shall provide the Association with proof of general liability insurance in an amount reasonably acceptable to the Association and/or its insurer. The Association shall not promulgate rules that restrict the use and occupancy of the Community Facility such that it cannot operate under the spirit of why the facility is there - to serve the art community with a public facility that can be used and enjoyed by many, but that will not otherwise undermine the quiet enjoyment of private property by all Owners. ARTICLE IV RULES AND REGULATIONS GOVERNING THE USE OF THE PROPERTY In order to preserve the values of, and the amenities and improvements on, the Lots, Residences, Common Property, and the Property comprising Cannery Row, the following rules and regulations hereinafter enumerated, and as amended from time to time, (collectively referred to herein as "Rules and Regulations") shall govern the use of the Property and shall be deemed in effect until amended as provided in Cannery Row Documents. The Rules and Regulations shall apply to, be binding upon, and shall, at all times, be obeyed by all Owners. Further, all Owners shall cause their families, guests, invitees, servants, lessees, and persons for whom Owners are responsible and persons over whom Owners exercises control and supervision to obey the Rules and Regulations. Violation of the Rules and Regulations may subject the violator to any and all remedies available to the Association and other Owners pursuant to Cannery Row Documents and Florida law. Violations may be remedied by the Association by injunction and/or by pursuing any other rights or remedies available to the Association to recover damages against any person violating the Rules and Regulations or this Declaration, and the Association shall be entitled to recover all costs and expenses incurred in undertaking such remedial action, including, without limitation, reasonable attorneys' fees and court costs. The Board may, from time to time, adopt new Rules and Regulations or amend or repeal previously adopted Rules and Regulations. Any waivers, consents or approvals given under the Rules and Regulations by the Board shall be revocable at any time, and shall not be construed as or deemed a waiver, consent or approval for any other purpose other than that which is identified at the time of the giving of such waiver, consent or approval. The Rules and Regulations are as follows: 1. Alterations; Exterior Appearance; Structural Modifications. No alterations, changes, modifications, additions or improvements of any kind shall be made to the exterior of any Residence, Community Facility, or upon any Lot or Common Property without the express written consent of the Board pursuant to Article V herein. Any consent of the Board to any improvement to be made in or on the exterior of any Residence, or to anything to be placed thereon, may be withheld purely on aesthetic grounds, in the sole discretion of the Board. No structural modifications, alterations, or additions of any kind shall be made to a Residence without the prior written consent of the Board. 2. Air Conditioning. No air conditioning equipment, other than equipment similar to that originally installed on the Lots and in the Residences by Developer is permitted, including, without limitation, wall or window air conditioning units, without the prior written consent of the Board. 3. Antennae, Solar Panels, Satellite Dishes. No antennas, solar panels, or satellite dishes, or the wiring for same may be placed or installed on the exterior of any Residence without the prior written consent of the Board. 4. Business Activities. Except for the Community Facility, and except for home offices uses permitted by the City, and uses within the Community facility, no industry, business, trade, occupation or profession of any kind shall be conducted, maintained or permitted upon any Lot or in any Residence, except for development and sales activities conducted by Developer. 5. Casualty Destruction to Improvements. In the event a Residence, Community Facility, or other improvement upon a Lot is damaged or destroyed by casualty, hazard or other loss, and the repair, replacement or reconstruction thereof is not the responsibility of the Association as provided herein, then, within a reasonable period of time after such incident, the Owner thereof shall commence to rebuild or repair the damaged Residence or improvements incompliance with applicable determinations of the Board, and shall diligently continue such rebuilding or repairing activities to completion. 6. Children. Each Owner shall be solely responsible for the actions of, damage caused by, and injuries sustained by, any Owner's children or the children of any of Owner's guests, invitees, tenants or servants, while on the Property, including the recreational amenities within the Property. Children under twelve (12) years of age shall not be allowed in the swimming pool area unless accompanied by an adult. 7. Cleanliness; No Unsightly Uses. Owner's are responsible for maintaining their Lots and Residences in a clean and orderly manner, and in a manner which would not be offensive to any other Owner. No portion of any Lot or Residence shall be used as a drying or hanging area for laundry, garments, rugs, or articles of any kind. 8. Complaints. All complaints by Owners shall be made in writing and delivered to the party designated for such purpose by the Board or to a member of the Board. 9. Commercial Vehicles; Boats; Trailers. No commercial vehicle, recreation vehicle, van (except for family mini-vans and sport utility vehicles constructed as private passenger vehicles), boat, trailer, pick-up truck, vehicle with commercial equipment or lettering in or upon the vehicle, or unsightly vehicle of any kind shall park or be parked on the Property at any time, except that service vehicles maybe temporarily parked on the Property only in connection with providing services to Developer, the Association or to Owners. 10. Conduct. No person shall engage in loud and boisterous or other disorderly, profane, indecent or unlawful conduct on any portion of the Property, including, without limitation, inside the Residence or on any Lot or Common Property. 11. Damaged Property. The cost of repairing damage to any property which is the Association's obligation to maintain, which is caused by an Owner or Owner's guests, tenants, invitees, or servants, including, without limitation, the Common Property, Residence driveways, landscaping, sprinkler systems, exterior walls and fences, and exterior lighting, shall be the sole responsibility of such Owner, and, in the event such Owner does not repair such damaged property in a timely manner, the Association may undertake such repairs, and, in such event, the Association may pursue all rights and remedies permitted under this Declaration and Florida law to recover all expenses associated therewith, including, without limitation, attorney's fees and costs and collection costs. 12. Deliveries. The Association shall not be responsible for the theft, conversion, disappearance, loss or damage of any item received from or for an Owner, or Owner's family, guests or tenants, even though such theft, conversion, disappearance, loss or damage may occur through the negligence or willful act of employees of the Association or ofDeveloper, and all parties delivering items to such employees and all parties intended to be the recipient of such items so delivered, hereby assume all risks of theft, conversion, disappearance, loss or damage of and to such items. 13. Developer's and Management Employees and Contractors. No Owner or Owner's family, guests, tenants or servants shall give orders or instructions to employees, contractors or agents of Developer or the Association, but rather such desires shall be expressed to the party designated for this purpose by the Board. 14. Flammable Materials. No flammable, combustible or explosive fluid, chemical, substance ormaterial shall be kept on any portion of the Property, including, without limitation, in any Residence or upon any Lot or Common Property. Provided however that materials commonly used in the creation of art (e.g. paints, solvents, etc.) maybe kept in the Community Facility so long as the Community Facility is owned by the Citv,of Delray Beach, an agency of the City of Delray Beach the Delray Beach Community Land Trust or anot-for-profit organization. 15. Fences and Walls. No Owner shall relocate, heighten, lower or otherwise move or change any fence or wall on the Property without the prior written consent of the Board. 16. Firearms. No guns shall be permitted to be discharged on any portion of the Property, except as might be permitted in the event of an emergency pursuant to the applicable laws of the State of Florida. 17. Garage Doors. Garage doors to all Residences shall be kept closed except when opened to permit vehicles to enter and exit from a garage. 18. Hurricane Preparations. All Owners who plan to be absent from their Residence during the hurricane season must, prior to departure, prepare their Residence by: (a) removing all furniture, potted and hanging plants and other moveable objects from the Lot and exterior portion of the Residence; (b) designating a responsible firm or individual to care for the Residence should the Residence suffer hurricane damage, and furnish the Board, or the person designated by the Board for such purpose, with the name of said firm or individual; and ©) closing and locking into place any operational exterior shutters installed by Developer, and any other operational shutters installed by Owners with consent of the Board, as provided herein. Any Owner who fails to undertake the required hurricane preparations shall be held responsible for any damage done to the Property resulting from such omission. 19. Insurance. In the event the Association does not provide property insurance for the Residences or the Community Facility (including, without limitation, insurance for fire, hazard, casualty, windstorm, etc.), and flood insurance, it shall be the obligation of every Owner to purchase and maintain, appropriate insurance, as set forth below, with respect to all improvements located on such Owner's Lot. In such event, Owner's are required to purchase and maintain all aforesaid insurance coverage up to the maximum insurable value of all insurable improvements, with the minimum required amount of insurance to be established by the Board on an annual basis, which amount shall at least be 110°/a of the estimated cost of replacement of the Residence and the Community Facility. Insurance proceeds for damage to any Residence or Community Facility or insurable improvement located on the Lots shall be used solely for the immediate repair, replacement or reconstruction of the applicable Residence or Community facility or improvements. In such event, and no later than ten (10) days after obtaining the insurance coverage required herein, each Owner shall file with the Association insurance certificates showing the required insurance coverage, and each Owner shall file such certificates with the Association on an annual basis or, at the discretion of the Board, on a more frequent basis, upon not less than fifteen (15) days prior written request by the Board, and the Association is to be named as an additional insured party on each insurance policy. No Owner shall permit or suffer anything to be done or kept in a Residence or the Community Facility or upon a Lot that will increase the rate of insurance on the Property. The City shall make every effort to insure the Community Facility in such a way that its existence and operation on the Property does not increase the insurance costs to the Association over and above what those costs would be if the Community Facility was insured at the same rate as that of any Residence. 20. LeasinE and Guest Occupancy. wners may lease their Residence pursuant to the Rules and Regulations, as amended from time-to-time. No Residence may be leased for a period of less than three (3) months nor may a Residence be leased more than twice during any calendar year. The Board may require the payment of a security deposit to the Association as a condition to any lease. Any person, other than Owner's immediate family, companion or mate, who temporarily resides in the Residence while the Owner or the Owner's lessee is present and with the permission of the Owner or the Owner's lessee, and without monetary consideration, shall be deemed a guest. Guests shall be registered with the Association if residing in the Residence for more than thirty (30) consecutive days. Guests are limited to sixty (60) days per any calendar year, cumulatively. Any person who resides in the Residence for more than sixty (60) days shall be deemed a tenant. All tenants and guests are required to comply with the Rules and Regulations and other obligations created by this Declaration. The Board reserves the right to limit the number of tenants or guests which may reside in a Residence, and the duration of tenant leases or guest stays, as the case may be. The Board reserves the right to expel any tenant or guest who violates the Rules and Regulations. These restrictions shall not apply to the Community Facility unless the Community Facility is converted to solely residential use. 21. Lot Use Restrictions. Except for Lot 12, all Lots shall only be used as Residential Property. No building structure shall be erected, placed or permitted to remain on any Lot other than a residential single-family dwelling unit; provided, however, Developer shall be permitted to place or erect temporary structures upon Lots owned by Developer and Common property to be used in connection with its development and sales activities. 22. Mining or Drilling. There shall be no mining or drilling for water, minerals, oil, gas or otherwise undertaken within any portion of the Property ("Mining Activity"). Activities of Developer or other parties in creating, or maintaining Utilities or other facilities serving the Property shall not be deemed a Mining Activity. 23. Motorcycles; Watercrafts. Owners may keep a total of one (1) motorcycle, moped or "jet-ski" upon their Lot provided same are kept in Owner's garage at all times when not in use. No motorcycle, moped or "jet-ski" shall be parked in areas other than in the Residence garage. All motorcycles shall be equipped with appropriate noise muffling equipment such that they do not abuse normal noise levels, and "jet-skis" shall not be started on the Property at any time. 24. Motor Vehicles Maintenance. Only well-maintained passenger vehicles bearing current license and registration tags and inspection stickers as required by state law shall be permitted on the Property. No maintenance, repair or storage of any motor vehicle shall be permitted upon any Lot or Common Property, except that motor vehicle washing shall be permitted within the driveway of an Owner's Lot during reasonable hours. In connection therewith, no motor vehicle shall be placed upon blocks, jacks, or similar device upon any Lot or Common Property. No vehicle that cannot operate under its own power shall remain on any Lot for more than twenty-four (24) hours. 25. No Implied Waiver. The failure of the Board to object to an Owner's or other party's failure to comply with the covenants or restrictions contained in Cannery Row Documents now or hereafter promulgated shall in no event be deemed a waiver by the Board or of any other party having an interest therein of its right to object to same and to seek compliance therewith in accordance with the provisions of this Declaration or Cannery Row Documents. 26. Nuisances. Neither Owner nor Owner's family, guests, invitees, tenants servants, licensees, agents or employees, shall make, produce, generate or permit any disturbing noises, odors or lights in any Residence or upon any Lot or Common Property, or permit anything by such persons that will interfere with the quiet enjoyment, rights, comforts, privacy, convenience of other Owners, including, without limitation, no stereo, television, radio, sound amplifier or other sound equipment or musical instrument may be played or operated in such a manner that same disturbs or annoys occupants of any Residence, no offensive, immoral or illegal activity shall be carried on, permitted on, or maintained on any part of the Property, and persons shall conduct themselves such that noise generated in and around the rear yards and swimming pools in the evening or early morning shall not disturb or annoy any Residence occupant. Notwithstanding the foregoing language it is acknowledged that the Community Facility maybe operated and function similar to retail and commercial businesses and there will be attendant noise involved in such operation. It is further acknowledged that special events may be held at the Community Facility which will result in heavier-than-normal pedestrian traffic in and out of the Community Facility. 27. Obstructions in Common Property; Personal Property. There shall be no obstructions of the Common Property, except as specifically provided herein. No carriages, bicycles, wagons, shopping carts, chairs, benches, tables or other objects shall be stored or kept in or upon the Common Property, without the prior consent of the Board; provided, however, Developer may store materials upon the Common Property in connection with its development and sales activities. With the exception of patio furniture which may be kept on the rear patio of a Residence, all personal property shall be stored within the Residence, and in no event shall personal property be stored or left in the front or rear of a Residence or upon another Owner's Lots. 28. Outdoor Cooking. No outdoor cooking or barbecuing shall be permitted on any balcony, in front of any Residence, or on the Common Property, except as provided herein. Outdoor cooking or barbecuing may be done within the swimming pool area or as otherwise designated by the Association; provided, however, that while in use, no cooking equipment shall be left unattended, or shall be used by children, and no outdoor cooking or barbecuing shall be a nuisance to any other Owner. 29. Parking. Except for Lot 12, which has no designated parking spaces, all other Lots have two (2) designated parking spaces situated thereon within the Residence garage spaces. Should a garage be built with the Community Facility or added at a later date or if the Community Facility is converted to solely residential use, then the Community Facility shall have two (2) designated parking spaces situated thereon within the Residence garage spaces. Provided however that for the Community Facility unit only staff occupants or licensees of the Community Facility may utilize the garage for parking No guest parking for the Community Facility shall be allowed in the garage unless it is converted to solely residential use. Owners, and Owner's family, guests, invitees, servants, lessees, and persons for whom Owners are responsible and persons over whom Owners exercise control, may park a total of two (2) vehicles in the above-referenced parking spaces situated upon the Lot where such persons reside, lease, visit, or service. Residence Owner's guests, invitees, servants, and other persons visiting or servicing a Residence, may also utilize, on anon-exclusive basis, the designated guest and handicap parking spaces located on the Common Property, if any; provided, however, any such guest parking spaces may not be occupied by the same vehicle for a continuous period of more than twenty-four (24) hours. The Community Facility Owner and Community Facility Occupants shall not be permitted to use guest parking or handicap parking located on Common Property unless the Community Facility is converted to solely residential use. No motor vehicle shall be parked other than in areas designated for parking, as aforesaid, and no motor vehicle of any kind shall be parked on the interior roadways or on the Common Property, except in any guest or handicap parking spaces as aforesaid. Motor vehicles improperly parked may be towed away at the expense of the Owner or resident doing or permitted such act, and/or the owner of the vehicle. 30. Personal Contents Insurance Coverage. Although insurance coverage obtained by the Association may provide some form of hazard and casualty insurance for certain aspects of the Lots or Residences, such insurance will not include coverage for Owner's personal property and certain building contents, including, without limitation, cabinets, drywall, floor and wall coverings, fixtures, appliances, mechanical installations, and other interior finishes, as these improvements are defined by insurers and insurance policies. Therefore, to make certain of adequate insurance coverage, it is incumbent upon all Owners to review their insurance coverage with an their insurance agent on an annual basis. 31. Pest Control. The Board may require any or all Owner(s) to permit employees of pest control companies employed by the Association, to enter their Residence and/or upon their Lot at regularly scheduled times to perform pest control services, the expense for which shall be deemed either an a Association Operating Expense or an Assessment, as the case maybe, in the sole discretion of the Board. 32. Pets. Except as provided under the rules and regulations promulgated by the Board from time to time, no Owner shall keep, raise or breed any pet or other animal of any kind on the Property, except that a total of two (2) household pets may be kept within an Owners Residence, provided they are not kept, bred or maintained for any commercial purpose and that they do not cause an unreasonable nuisance or annoyance to other Owners. However, under no circumstances may any animal larger than ninety (90) pounds be kept on the Property, or any breed of dog commonly known as Pit Bull, German Shepard, Rottweiler, or Doberman be permitted on the Property. The Board shall have the right to require any pet to be removed from the Property which causes an unreasonable source of annoyance to any Owner, or if the Rules and Regulations are violated with respect to the pet. In this regard, if a dog or any other animal becomes a nuisance or annoyance to any other Owner by barking, odors, waste deposits, or otherwise, the Owner thereof must cause the problem to be immediately corrected; and if it is not so immediately corrected, in the sole discretion of the Board, the Owner, upon written notice by the Board, will be required to permanently remove the animal from the Property. Any pet must be carried or kept on a leash when outside the Residence. No pet shall be kept outside a Residence. No pets are allowed within the recreational areas such as the swimming pool area or the playground area. Owners shall immediately pick-up and remove any solid waste deposited by his/her pet. 33. Plumbing and Electrical. Water closets and other plumbing shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags, sanitary napkins or other foreign substances shall be placed therein. Grease and other foreign substances shall not be poured down drains. Electrical outlets and electrical wiring shall not be over burdened. Any water purification and water softening devices installed in a Residence must be installed by a licensed plumber. 34. Radio Equipment. No ham radios or radio or transmission equipment shall be operated or permitted to be operated on the Property without the prior written consent of the Board. 35. Removal of Landscaping; Alteration of Drainage. Except for Developer's acts in connection with the development of the Property, and Owner plantings that are, in the sole opinion of the Board, consistent with the overall landscape plan of the Property, no other plantings shall be made upon the Property, and no sod, topsoil, mulch, plants, trees or shrubbery shall be removed from the Property, and no change in the condition of the soil or the grade level of the Property shall be made which results in any permanent change in the flow or drainage of surface water within the Property without the prior written consent of the Board. 36. Roof. No person shall be permitted upon the roof of any structure situated on the Property. 37. Rubbish. No garbage, trash, waste, refuse or rubbish of any kind shall be deposited, dumped or kept upon any part of the Property except in closed containers and recycling containers designated for such purpose which shall be set out for curbside pickup in front of each Residence, or as required by the Association. When not set out for pickup, all such containers shall be kept in the garage area of the Residence, and shall be kept in a clean and sanitary condition with no noxious or offensive odors emanating therefrom. 38. Rules and Regulations. The Board shall adopt such other Rules and Regulations from time to time governing the use and enjoyment of the Common Property, Lots, and Residences as the Board, in its sole discretion, deems appropriate or necessary, provided such additional Rules and Regulations shall be consistent with the provisions contained in this Declaration. Provided however that the Board may not modify or adopt new Rules and Regulations that would affect the use and/or operations of the Community Facility without the prior written consent of the City. This restriction of consent of the Citv shall terminate if the Community Facility is sold to a private party; however, the private owner shall be required to give written consent which consent shall not be unreasonably withheld, unless it is solely a residential unit, 39. Signs. Except for certain approved signs for the Community Facility, and except for the permitted signs/advertising stated below, no signs, advertising, notice or lettering of any kind shall be exhibited, displayed, inscribed, painted, or affixed on any part of the exterior or interior of any Residence, the Community Facility, or upon any Lot or Common Property so as to be visible from the outside of any Residence, including, without limitation, signs indicating that a Residence is for sale, open for viewing as an "open house" or for rent (i.e., "For Sale", "For Rent", "Open House" or "No Trespassing") or any window display advertising. The only permitted signs or advertising shall be: (a) directional or traffic signs installed by Developer or appropriate governmental authority; (b) Owner's address plate in size and design which is consistent with all other Residence address plates, and standard issue security monitoring signs, which are approved by Developer or the Board; and ©) promotional display signs or banners used by Developer in connection with its development and sales activities. 40. Service Persons. Except for the Developer, no Owner shall permit any service people, whether for purposes of maintenance, repair, replacement or improvement, to work upon a Lot or in a Residence before S:OOam or after 6:OOpm, except in the case of emergencies. 41. Solicitations. There shall be no solicitation permitted by any persons upon any Common Property or Lot for any cause, charity or for any purpose whatsoever, unless specifically authorized in advance by the Board. 42. Subdivision and Partition. The Lots shall not be subdivided further than as provided in the Plat. The area and width of each Lot on the Property upon which a Residence maybe constructed shall be as shown on the Plat. 43. Swimming Pool and Playground Area: Children under twelve (12) years of age are not permitted in or around the swimming pool unless accompanied by an adult. As there are no lifeguard or others supervising pool activities in any swimming pool or playground area, and as Residence doors, and pool fence gates maybe inadvertently left open or unlocked, Owners and Owner's guests, lessees, servants, etc. are all responsible for their own safety and the safety of their children, and are solely responsible for any and all injuries, liabilities, damages and death sustained to themselves and/or their children within the Property. Regulations regarding the swimming pool area shall be posted in a conspicuous place in the swimming. All persons using the swimming pool must shower prior to entering the swimming pool, all rubbish must be properly disposed of, any personal property brought to the pool area must be removed, and no radios or other sound systems may be used without privacy headphones. No rafts or flotation devices are permitted when others are using the swimming pool. No food or beverage is permitted in the swimming pool, and no breakable containers are allowed anywhere in the swimming pool area. No diving is permitted in the swimming pool. Any person using suntan lotion or oil must cover any lounge chair they are using with a towel. All infants and toddlers must wear a rubberized form-fitted or waterproof garment over a diaper while in the swimming pool. There shall be no use of the swimming pool prior to 7:00 am and after sundown. Additional regulations shall include those that are necessary to comply with the laws of the City or State of Florida regarding swimming pools and other public facilities, and those that are deemed necessary and reasonable by the Board from time to time to insure the proper use of the swimming pool, and related facilities on the Common Property. It shall be the responsibility of all Owners to apprise themselves of any amended and/or additional Rules and Regulations regarding the swimming pool area. Community Facility Occupants are not permitted to use the swimming pool, pool area, pool cabanas, or playground area unless the Community Facility is converted to solely residential use.. 44. Temporary Structures. No structure of a temporary character, whether a trailer, tent, shack, garage, shed, barn or any other such structure, shall be placed on any Lot, except that Developer shall be permitted to erect temporary structures on the Lots and Common Property to be used in connection with and during its construction, maintenance, repair and sales activities. 45. Use Disputes. In the event of a dispute as to whether the use of the Property or any portion thereof complies with the covenants and restrictions contained in this Declaration, such dispute shall be referred to the Board, and a determination rendered by the Board with respect to such dispute shall be final and binding on all parties concerned therewith; provided, however, that any use by Developer ofthe Property or any portion thereof in accordance with Article III, Section 2f shall be deemed a use which complies with this Declaration and shall not be subject to a determination to the contrary by the Board. Provided however that so long as the Community Facility is owned by the City,of Delray Beach an agency of the City of Delray Beach the Delray Beach Community Land Trust or anot-for-profit organization, if the dispute involves the Community Facility the Association must seek recourse with the City Commission of Delray Beach or other governing entity controlling the use of the Community Facility and work in good faith to resolve the dispute If the Association is unable to resolve the dispute to its satisfaction with the City Commission or other governing entity then the Association may pursue mandatory mediation and arbitration as set forth in F.S. 720.311. 46. Utility Easements. Easements for the installation, maintenance and billing of Utilities are reserved as shown on the Plat and by easement, and as provided herein. 47. V ehicular and Pedestrian Traffic; Privacy Gates. All vehicular traffic operating upon the Property shall at all times comply with controlling governmental law, and shall at all times obey any traffic signs placed on the Property. Unless otherwise posted vehicular traffic shall adhere to a maximum speed limit of 15 mph. No vehicles, including, without limitation, bicycles, mopeds, skateboards, carriages shall be used in a manner which would interfere with vehicular or pedestrian traffic upon the Property. There shall be no perimeter fencing, walls or gates to create the appearance of a "gated community". 48. W aterbeds and Flotation Mattresses. No waterbed, flotation mattress, orwater/fluid-filled sleeping apparatus, equipment or devise of any size or type shall be permitted in any Residence. 49. Water Supply; Sewage Disposal. No individual water supply system or septic tank will be permitted upon any Lot or Common Property. 50. Window, Door and Balcony Treatments. No awning, canopy, shutter or other projection shall be attached to or placed upon the outside walls or doors or roof of any Residence without the prior written consent of the Board. Balconies, courtyards, and patios may not be enclosed, which includes screening of same, nor may anything be affixed to the walls within such balconies, courtyards or patios except with the prior written consent of the Board. No blinds, shades, screens, decorative panels, window or door coverings shall be attached to or hung or used in connection with any window or door in a Residence, if affixed to the exterior of a Residence, without the prior written consent of the Board. Interior window treatments shall consist of drapery, blinds, decorative panels, or other tasteful materials, and no foil or sheets or other temporary window treatments are permitted. No windows shall be tinted and no tinted glass shall be installed, and no window/sliding door screening shall be replaced other than with screening of the same material and color as originally exists, without the prior written consent of the Board. No towels or articles of clothing shall be hung from any balconies. ARTICLE V MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION; BOARD OF DIRECTORS OF THE ASSOCIATION 1. Association Membership. Every person or entity who is a record fee simple Owner of any Lot which is subject to this Declaration shall be a Member of the Association ("Member"), and all Members, collectively, shall comprise the membership ("Membership") of the Association, itbeing understood that for all voting purposes, there shall only be one vote for each Lot. In this regard, if there is more than one (1) record fee simple title holder for a Lot (i.e. husband and wife, etc.), the combination of record fee simple title holders of a Lot shall be considered as one (1) Member, and, therefore, entitled to one (1) vote. The forgoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to this Declaration. Ownership of a Lot shall be the sole requirement for Membership. Members shall be entitled to the benefit of, and shall be subject to, the provisions of Cannery Row Documents, as may be amended from time to time. The voting rights of the Members are set forth in the Articles. 2. Board of Directors. The Association shall be governed by the Board which shall be appointed, designated or elected, as the case may be, as set forth in the Articles. ARTICLE VI ARCHITECTURAL CONTROL In order to preserve the values and appearance of the Property, the Board shall be empowered to render decisions regarding any proposed alterations, modifications, changes, or additions to the Property, as follows: 1. Requirement of Board Approval. Except for: (I) structures and improvements constructed, installed or placed by or with the approval of Developer, (ii) landscaping and plantings by or with the approval of Developer, (iii) additions, alterations, modifications and changes to any of the foregoing by or with the approval of Developer (collectively referred to herein as "Developer Improvements"), which Developer Improvements are not subject to the approval of the Board, and (iv) subject to Article IV herein, non-structural decorative improvements to the interior of a Residence, no alterations, additions, modifications, changes, replacements, or improvements of any kind (collectively referred to herein as "Alterations") shall be made to any Lot, Residence or Common Property, including, without limitation, alteration of drainage areas, underground utilities, installation of screen enclosures, storm shutters, exterior window treatments, awnings, patio canopies, solar panels, entry gates, satellite dishes, or any other equipment on the exterior of a Residence, or changes to exterior painting, exterior lighting, courtyard fences, perimeter walls, exterior walls, windows, doors, garage doors, entry gates, driveways, roadway and parking areas, or landscaping, without the prior written approval of the Board. 2. Method of Obtaining Board Approval. In order to obtain the approval of the Board, two (2) complete sets of plans and specifications for such proposed Alterations shall be submitted to the Board for its review. Such plans and specifications shall include, as appropriate, the proposed location, grade, elevations, shape, dimension, and approximate costs of the Alterations, and the nature, type and color of materials to be used for same. The Board may also require the submission of additional information and materials as may be reasonably necessary for the Board to evaluate the proposed Alterations. The Board shall evaluate all plans and specifications utilizing standards of the highest level as to the aesthetics, materials and workmanship and as to suitability and harmony of location, structures and external design in relation to surrounding topography, structures and landscaping. The Board shall have the right to require that Owner's plans and specifications be prepared by a licensed architect and/or engineer, as the case maybe, and be approved by the City, County or other appropriate governmental authority. 3. Approval or Disapproval by the Board. The Board shall have the right to disapprove any proposed Alterations which, in its sole discretion, are not suitable or desirable for the Property. Any and all approvals or disapprovals of the Board shall be in writing and shall be sent to the applicant/Owner, and shall be binding. In the event the Board fails to approve or to disapprove in writing any proposed Alterations within thirty (30) days after submission to the Board of complete plans and specifications for the proposed Alterations, and any and all other reasonably requested information and materials related thereto, then said proposed Alterations, as set forth in the plans and specifications submitted to the Board, shall be deemed to have been approved by the Board and the appropriate written approval delivered forthwith. 4. Board to Adopt Rules and Re¢ulations. The Board shall promulgate such further rules and regulations as it deems necessary, and shall adopt a schedule of reasonable fees for the processing of applications to the Board which rules, regulations and fees shall be subject to the approval of the Board. ARTICLE VII MAINTENANCE OBLIGATIONS OF THE ASSOCIATION. The Association shall maintain, repair and replace at the Association's expense: 1. Lots, Residences, and Community Facility. a. All portions of a Residence and the Community Facility contributing to the structural support of the building, which portions shall include, without limitation, outside walls of the Residence and all fixtures secured to its exterior, party walls (subject to the terms and provisions of Section 8 of this Article), foundations, floor joists and ledgers, load-bearing walls, columns and tie-beams, roof trusses, and roof; b. Except as provided in Article VIII, Section 1 herein, all conduits, plumbing, wiring and other facilities used to furnish Utilities to a Residence and the Community Facility, which are contained within portions of a Residence or the Community Facility maintained by the Association pursuant to Section 1 a above, and all such facilities contained within a Residence or the Community Facility that service part or parts of the Property other than the Residence or the Community Facility within which contained; c. All exterior walls, railing, and gates; d. All exterior finishes, including, exterior painting, stucco, siding, awnings, soffits, fascia, gutters, and shutters installed by Developer; and e. All storm water drainage grades and improvements, and all underground drainage, sewer and water installations and utilities, to the extent same are not the maintenance and repair obligation of the City, County or private utility companies; and f. All incidental damage caused to a Residence by such above-described work, shall be repaired promptly at the expense of the Association. 2. Common Property. The Association shall be responsible for the maintenance, repair and replacement of all Common Property and any improvements thereon and thereto, and anypersonal property owned by the Association, in a manner consistent with the Cannery Row Property. 3. Utilities. The Association shall maintain all potable water supply lines, sanitary sewer lines, fire sprinkler water supply lines, including meters and control devices for same, within the Property that are not maintained by the City, County or other governmental authority. 4. Landscaping, Irrigation and Water Management Systems. The Association shall operate and maintain all landscaping, irrigation systems and water management systems on the Property, including, without limitation, all grass, plants, trees, sprinklers, sprinkler systems and timer devices, and storm water management and drainage systems situated on the Property, whether same maybe situated upon the Lots or Common Property. Pursuant to requirements of the South Florida W ater Management District ("SWM"), the Association has accepted responsibility for the operation and maintenance of the SWM system located within the Common Property ("SWM System"). Any proposed amendment to the Cannery Row Documents which would affect the SWM System will be submitted to the SWM for a determination of whether the proposed amendment necessitates a modification to the SWM permit issued for the Property. Copies of the SWM Permit and any future permit modifications shall be maintained by the Association's Registered Agent for the Association's benefit. 5. Walls, Fences, and Mailboxes. The Association shall maintain, repair and replace all site walls, fences, gates, and mailboxes installed or placed on the Property by Developer or by the Association. 6. Exterior Lights and Electrical Installations. The Association shall maintain, repair and replace all exterior lighting fixtures affixed to the exterior of the Residences and the Community Facility (except for wall placard or monument sign lighting) (except for light bulbs), and upon the Lots and or Common Property (to the extent the controls for such lighting fixtures are not located within a Residence), and all electrical installations and devices situated on Common Property, including wiring and components, photocell and timer devices, and light bulbs. 7. Private Roads, Driveways and Sidewalks. The Association shall maintain, repair and replace all interior roadways, curbing, sidewalks and driveways on the Property (collectively referred to herein as "Paved Areas"); provided, however, any damage to the Paved Areas, including, without limitation, oil and other stains from motor vehicles, and motorcycle kickstands and the like, shall be the sole responsibility of the Owner of the motor vehicle or motorcycle causing such damage and/or the Owner to whom the motor vehicle or motorcycle owner was a guest, tenant or invitee, to repair, and, in the event such repair is not promptly undertaken, the Association shall repair same at Owner's expense. 8. Signs. The Association shall maintain, repair and replace all vehicular traffic signs and property identification signs installed or placed on any part of the Property by Developer or the Association which are not maintained by the City (such as for the Community Facility), County or other governmental authority. 9. Party Walls. a. Each wall which is built as part of the original construction of a Residence or the Community Facility and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. b. The cost of reasonable repair and maintenance of a party wall, to the extent not covered by insurance, shall be borne by the Association. Any repair or maintenance costs incurred as the result of negligent or willful conduct of an Owner, or Owner's guests, invitees, contractors, or tenants, shall be paid by said Owner. c. In the event a party wall is destroyed or damaged by fire, hurricane, or other casualty, the Association shall restore it, without prejudice, however, to the right of the Association to seek contribution from Owners under any rules or laws regarding liability for negligent or willful acts or omissions. d. Notwithstanding any other provisions of this Article to the contrary, an Owner who by his negligent or willful act causes a party wall to be exposed to the elements shall bear the entire cost of furnishing the necessary protection against such elements and the costs of repairing any damages related thereto. 10. Swimming Pool, Cabanas and Playground. The Association shall maintain and repair the swimming pool, pool cabanas, all pool area improvements and facilities, and all playground facilities. 11. Damage Caused By Owner. In the event any Owner, or Owner's family, guests, invitees, contractors, servants or tenants, causes any damage to any property which is the responsibility of the Association to maintain, repair and replace, such Owner will be responsible for all costs associated with repairing such damage, and the Association shall have the right to levy a Special Assessment for the cost thereof against such Owner. 12. Right of Entry by Association. Whenever it is necessary to enter upon a Lot, Residence or the Community Facility for the purpose of inspection (including inspection to ascertain an Owner's compliance with the provisions of this Declaration) or to perform maintenance or repairs to any portion of the Lot, Residence or the Community Facility, or in the case of emergency originating in or threatening any Residence or the Community Facility, or for making emergency repairs therein necessary to prevent damage to the Common Property, to such Owner's Residence, or to another Residence, or to the Community Facility, the Owner thereof does hereby permit a member of the Board or any authorized agent of the Association to go upon the Lot or enter the Residence or Community Facility for such purposes, whether or not the Owner is present at the time, provided that such entry shall be made only at reasonable times; provided, however, that in the case of emergency, including, without limitation, fire, hurricane, medical need, or burglary, entry maybe made at any time, and such right of entry shall be immediate and without notice. Each Owner does hereby appoint the Association as its agent for the purposes herein provided and agrees that the Association shall not be -iable for any alleged property damage or theft caused or occurring on account of any entry by the Association. 13. Disputes. In the event of any dispute concerning the Association's obligations under the provisions of this Article VII, the dispute shall be resolved through arbitration conducted by the American Arbitration Association and governed by the rules and regulations of the American Arbitration Association, and the prevailing party shall be entitled to recover all attorneys' fees and costs. Provided, however, that so long as the Community Facility is owned by the Citv of Delray Beach an agency of the City of Delray Beach, the Delray Beach Community Land Trust or a not-for- profit organization if the dispute involves the Community Facility, the Association must seek recourse with the City Commission of Delray Beach or other governing entity controlling the use of the Community Facility and work in good faith to resolve the dispute If the Association is unable to resolve the dispute to its satisfaction with the City Commission or other governing entity then the Association may pursue mandatory mediation and arbitration as set forth in F.S. ~~n ~i i ARTICLE VIII MAINTENANCE OBLIGATIONS OF OWNERS The maintenance and repair obligations of Owners shall be as follows: Lots and Residences. a. To keep and maintain the Lots, Residences, and the Community Facility, and the fixtures, appliances, equipment, interior finishes, and appurtenances thereon and therein not maintained by the Association, in good order, condition and repair, and to perform promptly all maintenance and repair work within the Residence which, if omitted, would affect the Lot, Residence or the Community Facility in its entirety or in part belonging to Owner, or a Lot and Residence owned by other Owners, and Owners shall be expressly responsible for the damages and liabilities which Owner's failure to do so may engender. Notwithstanding any provision to the contrary herein, Owners shall be liable and responsible for the maintenance, repair and replacement, as the case may be, of all windows and exterior doors (including garage doors), interior doors and millwork, door and bathroom hardware, flooring and wall tile, cabinets and countertops, all air conditioning and heating equipment, plumbing fixtures, kitchen and laundry appliances, electrical and lighting fixtures, ceiling fans, security, intercom, fire sprinkler systems, and central vacuum systems, including all of the pipes, wiring, ducts, vents, conduit, fixtures, and the connections required to provide water, electric, sewer, air conditioning and heating, telephone, and cable television, and sanitary service to a Residence, except to the extent such items are situated within portions of the Lot or Residence that the Association is responsible to maintain pursuant to Article VII herein. b. To maintain, repair and replace any and all interior walls, except for such interior walls specified in Article VII, Section 2b herein, and furnishings, and all other accessories which such Owner may desire to place and maintain within its Residence. c. To keep in a neat condition, the floor, interior walls, windows, ceilings, fencing, balcony railings, balconies, and driveways. is responsible. d. To promptly reportto the Association any defect or need for repairs forwhich the Association e. To maintain, repair and replace plumbing and electrical fixtures and equipment exclusively servicing a Residence or the Community Facility situated within a Residence or the Community Facility. 2. Owner's Liability.. In the event any Owner: (I) fails to perform the responsibilities as set forth in this Article VIII, (ii) causes any damage to any improvement which the Association has the responsibility to maintain, repair or replace; or (iii) undertakes unauthorized improvements, additions or alterations to a Lot or Residence, the Association, upon the affirmative majority vote of the Board and ten (10) days prior written notice to Owner, shall have the right, through its agents and employees, to enter upon such Lot and/or in such Residence where such violation exists, to cause the required maintenance and/or repairs to be performed, or, as the case may be, to summarily remove any unauthorized improvements, additions or alterations at the expense of the Owner; provided, however, that the Association shall then at the expense of the Owner, make the necessary repairs, construction, etc. to insure that the property and improvements where such violation occurred is restored to the same condition which existed prior to such violation, and any such entry, abatement, removal or restoration and construction work shall not be deemed a trespass, and all costs associated therewith, plus reasonable overhead/administrative costs to the Association, shall be accessed against such Owner as a Special Assessment. ARTICLE IX COVENANT FOR MAINTENANCE ASSESSMENTS 1. Purpose of Assessments. Assessments, as hereinafter defined, levied by the Association shall be used exclusively for promoting the health, safety, welfare, and enjoyment of the residents of the Property, and, in particular, for the improvement, maintenance and operation of the Property, and the services and facilities devoted to this purpose, and related to the use, enjoyment and preservation of the Common Property, and for the payment of Operating Expenses, as hereinafter defined, and capital improvements and other expenses as hereinafter set forth. 2. Affirmative Covenant to Pay Assessments. a. In order to fulfill the terms, provisions, covenants and conditions contained in this Declaration, and to maintain, operate and preserve the Property for all Owners, there is hereby imposed upon each Owner the affirmative covenant and obligation to pay to the Association, in the manner hereinafter set forth, all Assessments, as hereinafter provided, including Annual Assessments and Special Assessments, as hereinafter provided. The affirmative covenant and obligation to pay Assessments shall run with the land which constitutes the Property. b. All Owner's acknowledge by acceptance of a deed or other instrument of conveyance for any Lot within the Property (whether or not it shall be so expressed in any such deed or other conveyance instrument), that the Owners of each Lot are liable to the Association for the payment of: (I) annual assessments or charges (collectively referred to herein as "Annual Assessments") of budgeted Operating Expenses, as hereinafter defined, and (ii) non- budgeted expenses for capital improvements and budget deficiencies (collectively referred to herein as "Special Assessments"). Annual Assessments and Special Assessments maybe collectively referred to herein as "Assessments". Such Owners further recognize and covenant that they are jointly and severally liable with the Owners of all Lots for the Assessments, and that in the event Owners fail or refuse to pay their Annual Assessments or any portion thereof or their respective portions of any Special Assessments, the other Owners may be responsible for increased Annual Assessments or Special Assessments due to the nonpayment by such Owners, and such increased Annual Assessments or Special Assessments can and may be enforced by the Association and/or the Developer in the same manner as all other Assessments, as provided in this Declaration. Assessments shall be billed to the Owners on a monthly or quarterly basis, as determined by the Board. 3. Establishment of Liens. a. All Assessments made by the Association in accordance with the provisions of this Declaration or any of Cannery Row Documents, together with late charges, interest thereon at the highest rate allowed by law and all costs of collection thereof, including, without limitation, reasonable attorneys' fees and court costs, are hereby declared to be a charge and continuing lien upon the Lot against which each such Assessment is made. All Assessments against a Lot, together with late charges, interest thereon at the highest rate allowed by law and all costs of collection thereof, including attorneys' fees and costs, shall be the joint and several personal obligation of the person(s) or entity(s) who was the Owner of such Lot at the time the Assessment fell due, and the personal obligation for delinquent Assessments shall not pass to successors in title unless expressly assumed by them. b. Said lien shall be effective only from and after the time of the recordation amongst the Public Records of Palm Beach County of a written acknowledged statement by the Association setting forth the amount due to the Association as of the date the statement is signed. Upon full payment of all sums secured by such lien, the party making payment shall be entitled to a satisfaction of the lien in recordable form. Notwithstanding any provision to the contrary herein, where Lenders of record obtain title to a Lot as a result of foreclosure of its mortgage or deed in lieu of foreclosure of its mortgage, such acquirer of title, its successors or assigns, shall not be liable for the share of Assessments pertaining to such Lot or chargeable to the former Owner thereof which became due prior to the acquisition of title as a result of the foreclosure or deed in lieu thereof, unless the Assessment against the Lot in question is secured by a claim of lien for Assessment that is recorded prior to the recordation of the mortgage which was foreclosed or with respect to which a deed in lieu of foreclosure was given. c. Notwithstanding the foregoing language, the Association shall have no lien rights against the Community Facility unless it is converted to solely residential use. As long as the Community Facility is owned by an agency of the City, the Association would not have lien rights, as provided herein, against an agency of the City. Accordingly, and in lieu of any available lien rights, the Association would have all available remedies at law to enforce the terms of this Declaration, as stated herein. 4. Collection of Assessments. In the event any Owner shall fail to pay Assessments, or any installment thereof, charged to such Owner within fifteen (15) days after the same becomes due, the Association, through its Board, shall have any and all of the following remedies, to the extent permitted by law, which remedies are cumulative and which remedies are not in lieu of, but are in addition to, all other remedies available to the Association: a. To accelerate the entire amount of any Assessments for the remainder of the calendar year notwithstanding any provisions for the payment thereof in installments; b. To advance on behalf of Owners in default funds to accomplish the needs of the Association up to and including the full amount for which such Owners are liable to the Association, and the amount or amounts of monies so advanced, together with interest at the highest allowable rate, and all costs of collection thereof including, without limitation, reasonable attorneys' fees and court costs, may thereupon be collected by the Association and such advance by the Association shall in no way waive the default; c. Except as to the Community Facility, to file an action in equity to foreclose its lien at any time, after the effective date thereof. The lien maybe fore-closed by an action in the name of the Association in like manner as a foreclosure of a mortgage on real property; and d. To file an action at law to collect said Assessment plus interest at the highest rate allowed by law, reasonable attorneys' fees and court costs, and all other collection expenses without waiving any lien rights or rights of foreclosure in favor of the Association. 5. Rights of Developer and Lenders to Pay Assessments and Receive Reimbursement. Developer and Lenders shall have the right, but not the obligation, jointly or singly, and at their sole option, to pay any of the Assessments which are in default and which may or have become a charge against any Lot within the Property. Further, Developer and Lenders shall have the right, but not the obligation, jointly or singly, and at their sole option, to pay insurance premiums or fidelity bond premiums or other required items of Operating Expenses on behalf of the Association where the same are overdue and where lapses in policies or services may occur. Developer and Lenders paying overdue Operating Expenses on behalf of the Association will be entitled to immediate reimbursement from the Association of such amounts paid by Developer or Lenders, together with interest at the highest allowable rate and any costs of collection including, without limitation, reasonable attorneys' fees and costs, and the Association shall execute an instrument in recordable form to this effect and deliver the original of such instrument to Developer and/or any Lender who is so entitled to reimbursement. With respect to collecting any such sums advanced by Developer and/or Lenders, Developer and Lenders shall have the same remedies available to the Association, as set forth in Section 4 above. 6. Subordination of the Lien to Mortgages. The lien of Assessments provided for herein shall be superior to all other liens except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby (subject only to tax liens). The sale or transfer of any Lot which is subject to a mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such Assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. 7. Exempt Property. The following property subject to this Declaration shall be exempt from Assessments created herein: (I) all properties dedicated to and accepted by a local public authority, and (ii) the Common Property; provided, however, no land or improvements devoted to residential dwelling use shall be exempt from Assessments. ARTICLE X METHOD OF DETERMINING ASSESSMENTS 1. Determining Amount of Assessments. The total anticipated Operating Expenses for each calendar year shall be set forth in a budget (the "Budget") prepared by the Directors not later than November 151 of the calendar year preceding the calendar year for which the Budget is to be adopted. The total anticipated Operating Expenses (other than those Operating Expenses which are properly the subject of a Special Assessment, as hereinafter set forth), shall be equally apportioned among the Lots to determine the Annual Assessments; provided, however, the Community Facility shall not pay Annual Assessments or Special Assessments for any Operating Expenses relating to the swimming pool amenities, swimming pool cabanas, or community playground area or the designated guest and handicap parking spaces located on the Common Property , as Community Facility Occupants shall have no use of such improvements within the Common Property. Should the Community Facility be converted to solely residential use, then the Community Facility shall pay its share of the cost of Annual or Special Assessments for any Operating Expenses relating to the swimming pool amenities swimming pool cabanas community playground area or the designated guest and handicap parking spaces located on the Common Property and its Annual Assessments shall be adjusted accordingly. Should the Community Facility be owned by anot-for-profit agency that does not qualify for Federal income tax exemption, then the not-for-profit agency will also be obligated to pay its share of taxes as set forth in Article XII. 1. 2. Uniform Rate of Assessments. Both Annual Assessments and Special Assessments must be fixed at an uniform rate for all Lots, except where otherwise provided herein, except as provided in Article X.1. regarding the Community Facility. 3. Annual Assessment Payments. Annual Assessments shall be payable quarterly, in advance, on the first day of each January, April, July and October of each year. Annual Assessments and the quarterly installments thereof as well as all Assessments provided for herein and all installments thereof shall be adjusted from time to time by the Board to reflect changes in the Budget or in the event the Board determines that the Assessments or any installments thereof are either less than or more than the amount actually required. 4. Special Assessments. a. In addition to the Annual Assessment authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the expenses of the Association that are not provided for in the budgeted Annual Assessments, and for the cost of any capital improvement, which includes the costs, in whole or in part, of constructing or acquiring improvements, or the costs, whether in whole or in part, of reconstructing or replacing such improvements on any Lot or Residence that are the maintenance obligation of the Association, and/or the Common Property and any improvements thereon, including fixtures and personal property related thereto; provided, however, that such Special Assessment shall have the assent of not less than two-thirds (2/3) of the Owners entitled to vote in person or by proxy at a meeting duly called for this purpose, except that no such approval need be obtained for Special Assessments for the replacement or repair of a previously existing improvement on the Property which was destroyed or damaged, it being recognized that the sums needed for such capital expenditures shall be the subject of a Special Assessment. b. Written notice of any meeting called for the purpose of taking any action authorized under this Section 4 shall be sent to all Members not less than 30 days nor more than 60 days in advance of such meeting. At such meeting, the presence of Members or of proxies entitled to cast the majority of all votes of the Members shall constitute a quorum. c. Notwithstanding any provision to the contrary herein, it is recognized and declared that Special Assessments shall be in addition to, and are not a part of, Annual Assessments, and any such Special Assessments assessed against Owners shall be paid by such Owners in addition to Annual Assessments. Except as otherwise provided herein, Special Assessments shall be assessed in the same manner as Annual Assessments. d. Notwithstanding any provision to the contrary herein, Special Assessments may be assessed against individual Owners to compensate the Association for undertaking maintenance and repair obligations of an Owner, and for damages caused by an Owner, as provided in Article VII, Section 9 and Article VIII, Section 2 herein. Special Assessments For Reconstruction of Buildin¢s or Improvements. a. Any and all sums necessary to repair, replace, construct or reconstruct any building on the Common Property damaged or destroyed by casualty that are not covered in whole or in part by insurance, and any difference between the amount of insurance proceeds received with respect to such damage and the amount of funds necessary to repair, replace, construct or reconstruct the building or improvement so damaged, shall be the subject of a Special Assessment, and the Association shall levy a Special Assessment for the funds necessary to cover such expenditure within ninety (90) days from the date such damage was incurred. The Association shall deposit into a Palm Beach County banking institution insured by an agency of the United States any such funds collected by Special Assessment and all insurance proceeds collected by the Association so that the funds on deposit will equal the cost of repair, replacement, construction or reconstruction of the damaged improvements, and the Association shall go forward with all deliberate speed so that such repair, replacement, construction or reconstruction shall be completed as soon as reasonably possible after the date of such damage. b. In the event that repairs and replacements were paid for by any Special Assessment or by insurance proceeds, and after the completion of the repair, replacement or reconstruction, and after payment for same, there remains any excess funds in the hands of the Association, it shall be presumed that the funds disbursed in payment ofany repair, replacement and reconstruction were first disbursed from insurance proceeds and any remaining funds shall be deemed to be remaining Special Assessments which shall be returned to the Owners by means of a prorata distribution in accordance with the collection of that Special Assessment. c. Notwithstanding the foregoing, in the event there is any conflict between the provision of this Section and the provisions ofany mortgage now or hereafter encumbering any Common Property, the provisions ofany such mortgage shall control as to the property encumbered thereby. 6. Community Facility. The City shall make every effort to insure the Community Facility in such a way that its operation on the Property does not increase the insurance costs to the Association over and above what those costs would be if the Community Facility was insured at the same average rate of any Residence. If the Community Facility is sold to a private party and the use of the property causes the cost of insurance for Lot 12 to mat xceedswhat the per Residence costs are for insurance, the Association may assess the Owner of Lot 12 an amount equal to the overage amount of such insurance costs. ARTICLE XI CAPITAL CONTRIBUTION At the time of the closing of fee simple title to a Lot pursuant to an original sale by Developer, the purchaser thereof shall pay to the Association a sum equal to two (2) months of the Annual Assessment then in effect. This section shall not apply to the Community Facility. These monies (hereinafter referred to as the "Capital Contribution Fund") shall be the Association's property and shall be held by the Association in an interest- bearing account with a banking institution in Palm Beach County and insured by an agency of the United States. The Capital Contribution Fund, and the interest accrued thereon, shall be used by the Association through the Board, pursuant to the powers described in the Articles and By-Laws for purposes of working capital, payment of Operating Expenses, for meeting budgetary deficiencies in lieu of Special Assessments, and for the payment of Federal and State income taxes on the earnings of the Capital Contribution Fund. ARTICLE XII OPERATING EXPENSES The following expenses of the Property and the Association are hereby declared to be "Operating Expenses" which the Association is obligated to assess and collect from Owners, and which Owners are obligated to pay to the Association as provided herein or as may be otherwise provided in Cannery Row Documents, to wit: 1. Taxes. Any and all taxes levied or assessed at any time by any taxing authority upon the Common Property, and any improvements thereto or thereon, and any personal property thereon, or against any other real property within the Property which is owned by the Association, including, without limitation, real property taxes, all taxes, charges, assessments and impositions and liens for public improvements, special charges and assessments, and water drainage districts, and any other taxes or tax liens which maybe assessed against the Common Property, including any interest, penalties and other charges which may accrue thereon. The Communitv Facilitv shall not be required to contribute to this expense unless it is converted into a solely residential unit or if it is owned by anot-for-profit agency which does not qualify for federal income tax exemption. 2. Utility Charges. All charges for providing Utilities to and for the Common Property, whether supplied by a private or public firm, and all charges for providing Utilities to and for the Lots and Residences provided such Utilities are provided to all Lots and Residences, including, without limitation, water and CATV services, whether supplied by a private or public firm. The Communitv Facilitv shall have the right to opt out of the CATV services so long as it is owned by the City of Delrav Beach an agency of the City, the Delrav Beach Communitv Land Trust or anot-for- profit agency. 3. Insurance. The premiums on the policy or policies of insurance which the Board in its sole discretion determines to obtain; provided, however, that the Association shall obtain and maintain the following insurance coverage: a. Comprehensive Liability Insurance. Comprehensive public liability insurance and, if appropriate, owners, landlord and tenant policies naming the Association, and, until the date upon which all Lots have been conveyed to third parties, Developer as additional insured parties thereof, which policy(s) shall insure against all claims or demands made by any person or persons whomsoever for injuries received in connection with, or arising from, the use maintenance and repair of the Common Property, and any improvements located thereon, and for any other risks insured against by such policies with limits of: (I) not less than One Million Dollars ($1,000,000.00) for damages incurred or claimed by any one person for any one occurrence, (ii) not less than Two Million Dollars ($2,000,000.00) for damages incurred or claimed on an annual aggregate, combined single limit basis, and (iii) not less than Two Million Dollars ($2,000,000.00) for umbrella/excess liability coverage. Such coverage shall include, as appropriate, and without limitation, protection against water damage liability, liability for non-owned and hired automobiles, liability for property of others, host liquor liability and such other risks as are customarily covered with respect to areas similar to the Common Property in developments similar to Cannery Row in construction, location and use, and as customarily covered under comprehensive general liability occurrence forms. b. Hazard and Casualty Insurance. Hazard and casualty insurance in an amount equal to One Hundred Ten Percent (1 10%) ofthe then full replacement cost, exclusive ofland, foundations, excavation and other items normally excluded from such coverage, of all buildings and improvements now or hereafter located upon the Lots and the Common Property, such insurance to afford protection against at least the following: (I) Loss or damage by flood, fire, windstorm, water damage, sprinkler or water leakage, debris removal, demolition, vandalism, malicious mischief, and other hazards covered by the standard extended coverage endorsement; and (ii) Such other risks as are customarily covered with respect to the Lots, Residences and Common Property in developments similar to Cannery Row in construction, location and use. Such property and casualty insurance, including, without limitation, fire, windstorm, flood, etc. that the Board deems adequate and appropriate, but in no event shall any such coverage be less than 110% of replacement costs of all insurable improvements within the Property. c. Fidelity Insurance. Adequate fidelity coverage to protect against dishonest acts on the part of Officers, Directors, and employees of the Association and all others who handle or are responsible for handling funds of the Association, such coverage to be in the form of fidelity bonds which: (a) name the Association as an obligee; (b) are written in an amount equal to at least 1 10% of the estimated annual Operating Expenses of the Association, or as deemed adequate by the Board; and (c) contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression. d. Other Insurance. Such other forms of insurance and in such coverage as the Association shall determine to be required or beneficial for the protection or preservation of the Common Property and any buildings and improvements now or hereafter located thereon, and the Lots and the Residences, or in the best interest of the Owners and the Association. 4. Maintenance, Repair and Replacement. Any and all expenses required to properly maintain, repair and replace the Common Property and all improvements thereon, and those elements of the Lots and Residences that are the maintenance obligation of the Association as provided in Article VII herein. 5. Administrative and Operational Expenses. The costs of administration for the Association in the performance of its functions and duties pursuant to Cannery Row Documents including, without limitation, costs for secretarial and bookkeeping services, salaries ofemployees, legal and accounting fees, management fees, and contracting fees. In addition, the Association may retain a management company or companies or contractors (any of which may be, but are not required to be, a subsidiary, affiliate, or any otherwise related entity of Developer) to assist in the operation of the Property, or portions thereof, and to perform or assist in the performance of certain obligations of the Association under Cannery Row Documents and the fees or costs of any management company or contractor so retained shall be deemed to be part of the Operating Expenses. 6. Compliance with Laws. The Association shall take such action as it determines necessary or appropriate in order to cause the Common Property, and the Lots, and all improvements thereon or thereto, to be in compliance with all laws, statutes, ordinances and regulations of any governmental authority, whether federal, state or local, including, without limitation, any regulations regarding zoning requirements, setback requirements, drainage requirement, sanitary conditions and fire hazards, and the cost and expense of such action taken by the Association shall be an Operating Expense. 7. Indemnification. The Association, excluding the Community Facility Owner while it is owned by the City of Delray Beach, an agency of the City, the Delray Beach Community Land Trust or anot-for-profit agency, covenants and agrees that it will indemnify and hold harmless Developer from and against any and all claims, suits, actions, causes of action and/or damages arising from any personal injury, loss of life and/or damage to property sustained on or about the Property, and from and against all costs, expenses, attorneys' fees, including, without limitation, all trial and appellate levels and whether or not suit be instituted, and liabilities incurred by Developer arising from any such claim, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders, judgments and/or decrees which may be entered thereon arising from the Association's administration, management, maintenance and/or supervision of the Property. The Association shall also indemnify Developer for any expense Developer may incur in bringing any suit or action for the purpose of enforcing the rights of Developer under any of Cannery Row Documents or for compelling the specific enforcement of the terms, conditions and covenants contained in any of Cannery Row Documents to be kept or performed by the Association or the Owners. 8. Reserves. The funds necessary to establish an adequate reserve fund (the "Reserves") for depreciation, repair, replacement and deferred maintenance of the Common Property, the facilities and improvements thereto and thereon, and those elements of the Lots and Residences that are the maintenance obligation of the Association, as provided herein, in amounts determined sufficient and appropriate by the Board from time to time shall be an Operating Expense. The Reserves shall be deposited in a separate account at a Palm Beach County banking institution insured by an agency of the United Sates. The funds collected by the Association on account of Reserves shall be and shall remain the exclusive property of the Association and no Owner shall have any interest, claim or right to such Reserves or any fund composed of same. 9. Failure or Refusal of Owners to Pay Assessments. Funds needed for Operating Expenses due to the failure of refusal of Owners to pay Assessments levied shall, themselves, be deemed Operating Expenses and properly the subject of Annual Assessments. 10. Miscellaneous Expenses. The cost of all items of expense pertaining to or for the benefit of the Association or the Common Property, or any part thereof, not herein specifically enumerated and which is determined to be an appropriate item of Operating Expense by the Board shall be an Operating Expense. ARTICLE XIII GENERAL PROVISIONS 1. Lawful Use of Property. Each portion of the Property will be subjectto, and the Association and each Owner will conform to and observe all laws, statutes, ordinances, rules and regulations of the United States of America, the State of Florida, the County, the City and any and all other governmental and public authorities having jurisdiction over the Property relating to the Property, any improvements thereon, or the use thereof, and no illegal or immoral purpose or use shall be permitted on the Property. 2. Incorporation of Cannery Row Documents. Any and all deeds conveying a Lot, a Residence or any other portion of the Property shall be conclusively presumed to have incorporated therein all of the terms and conditions of Cannery Row Documents, including, without limitation, this Declaration, as amended, and the Articles and By-Laws, as amended, whether or not the incorporation of the terms and conditions of Cannery Row Documents is specifically set forth by reference in such deed, and acceptance by the grantee of such a deed shall be deemed to be acceptance by such grantee of all of the terms and conditions of Cannery Row Documents. 3. Notices. Any notices or other communication required orpermitted to be given or delivered hereunder to any Owner shall be deemed properly given and delivered upon the mailing thereof by United States certified mail, postage prepaid, to: (I) any Owner, at the address of the person whose name appears as Owner on the records of the Association at the time of such mailing, or, in the absence of any specific address, at the address of any Residence or Lot owned by such Owner; and (ii) Developer or the Association, at 277 Southeast 5"'Avenue, Delray Beach, Florida 33483, until Developer or the Association shall notify Owners of a different address, or until Developer shall notify the Association of a different address, in which case, any such notice to the Association of a change in Developer's address shall be deemed effective notice to all Owners. 4. Covenants Run With Land. All restrictions, reservations, covenants, conditions and easements contained in this Declaration shall constitute covenants running with the land, and all grantees, devisees, or mortgagees, their heirs, personal representatives, successors and assigns, and all parties claiming by, through or under such persons or entities, agree to be bound by the provisions of this Declaration, as amended, and the Articles and By-Laws, as amended. 5. Enforcement. The covenants and restrictions herein contained or contained in any of Cannery Row Documents may be enforced by Developer, the Association, any Owner or Owners, and any Lenders in any judicial proceedings seeking any remedy recognizable at law or in equity, including damages, injunction, or any other form of relief against any person, firm or entity violating or attempting to violate any covenant, restriction or provision hereunder. 6. Effect of Waiver of Violation. The failure by any party to enforce any such covenant, restriction or provision of this Declaration shall in no event be deemed a waiver of such covenant, restriction or provision or of the right of such party to thereafter enforce such covenant, restriction or provision. 7. Captions, Headings and Titles. Article, section and paragraph captions, headings and titles inserted throughout this Declaration are intended as a matter of convenience only and in no way shall such captions, headings and titles define, limit or in any way affect the subject matter or any of the terms and provisions thereunder nor the terms and provisions of this Declaration. 8. Context. Whenever the context so requires, the use of any gender shall be deemed to include all genders, and the singular shall include the plural, and the plural shall include the singular. 9. Attorneys' Fees. The prevailing party in any litigation or dispute associated with Cannery Row Documents shall be entitled to recover all costs thereof, including, without limitation, reasonable attorneys' fees, court costs, legal assistant time, expert witness fees, investigative fees, administrative costs, and all other expenses and charges billed by the attorney to the prevailing party even if not taxable court costs (including, without limitation, all such fees, costs, and expenses incident to arbitration, mediation, appellate, bankruptcy, and post-judgement proceedings incurred in any such action, proceeding or appeal, in addition to any other relief to which the party or parties may be entitled), and whether or not suit is instituted. This paragraph shall not apply to the mPrcer-~ftlte-Community Facility so long as it is owned by the City of Delray Beach an agency of the City the Delray Beach Community Land Trust or a not-for- profit agency. 10. Severability. In the event any of the terms or provisions of this Declaration shall be deemed invalid by a court of competent jurisdiction, said judicial determination shall in no way affect any of the other terms and provisions hereof, which shall remain in full force and effect and any provisions of this Declaration deemed invalid by a court of competent jurisdiction by virtue of the term or scope thereof shall be deemed limited to the maximum term and scope permitted by law. 11. Subordination. Developer and the Association agree that their respective interests as provided for in this Declaration shall be and are subordinate to the lien, encumbrance and operation of any existing mortgages encumbering any portion of the Property (as of the date hereof), and any additional, replacement or subsequent mortgages obtained by Developer for the purpose of financing the construction of improvements upon any portion of the Property. While the provisions of this Section are self-operative, the Association nevertheless agrees to execute such instruments in recordable form as may be necessary or appropriate to evidence the foregoing subordination of its interests to any such mortgages and shall do so forthwith upon request of Developer, its successors and assigns. 12. Amendment and Modification. The process of amending or modifying this Declaration shall be as follows: a. Until the Turnover Date, all amendments or modifications shall only be made by Developer without the requirement of the Association's consent or the consent of the Owners; provided, however, that the Association shall, forthwith upon request of Developer, join in any such amendments or modifications and execute such instruments to evidence such joinder and consent as Developer shall, from time to time, request. Provided, however, that the Developer may not amend or modify the Declaration in a way that would affect the use and/or operation of the Community Facility without the prior written consent of the Citv an agency of the Citv the Delray Beach Community Land Trust or a not for profit agency This restriction of consent of the City shall terminate if the Community Facility is sold to a private party' however the private owner shall be required to give written consent which consent shall not be unreasonably withheld unless it is solely a residential unit, b. After the Turnover Date, this Declaration may be amended by the consent of not less than two-thirds (2/3) of all Owners entitled to vote in person or by proxy together with the approval or ratification of a majority of the Board. The aforementioned consent of the Owners maybe evidenced by a writing signed by the required number of Owners at any regular or special meeting of the Association called and held in accordance with the By-Laws and evidenced by a certificate of the Secretary of the Association. Provided however that the Owners may not amend or modify the Declaration in a way that would affect the use and/or operations of the Community Facility without the prior written consent of the City an agency of the City the Delray Beach Community Land Trust or a not for profit agency This restriction of consent of the City shall terminate if the Community Facility is sold to a private party; however the private owner shall be required to give written consent which consent shall not be unreasonably withheld, unless it is solely a residential unit, c. Amendments for correction of scrivener's error or other nonmaterial changes may be made by Developer alone until the Turnover Date, and the Board thereafter, without the consent of Owners. d. Notwithstanding any provision to the contrary herein, no amendment to this Declaration shall be effective which shall impair or prejudice the rights or priorities of Developer, the Association or of any Lenders under this Declaration or any other of Cannery Row Documents without the specific written approval of Developer, the Association, or Lenders affected thereby. Further, notwithstanding any provision to the contrary contained herein, no amendment to this Declaration shall be effective which would increase the liabilities of the then Owners or prejudice the rights of the Owners or Owner's guests, invitees, and tenants to utilize or enjoy the benefits of the Common Property unless the Owner or Owners so affected consent to such amendment in writing or unless such amendment is adopted in accordance with the procedures required for adoption of an amendment to this Declaration after the Turnover Date. e. A true copy of any amendment to this Declaration shall be sent certified mail (herein called the "Mailing") by the Association to Developer and to all Lenders requesting notice. The amendment shall become effective upon the recording of a Certificate of Amendment to this Declaration setting forth the amendment or modification amongst the Public Records of Palm Beach County, but the Certificate shall not be recorded until thirty (30) days after the Mailing, unless such thirty-day period is waived in writing by Developer and all Lenders. f. If the Community Facility is not constructed, the Developer or the Owners, as the case may be, may amend this Declaration to delete any references to the Community Facility without the consent of the City. 13. Management and Service Contracts. Any agreement for professional management of the Property, or any other contract for providing services to the Association, except for agreements pertaining to cable television, must provide for a term of not more than one (1) year, and any such agreement must provide for termination by either party without cause and without payment of a termination fee on ninety (90) days written notice. 14. Developer as Owner. Until the Turnover Date, neither Owners nor the Association shall take any action that would interfere with or undermine Developer's promotion and sale of the Lots without first obtaining Developer's written consent to any such action. 15. Rights of Lenders. Upon receipt by the Association from any Lenders of a copy of the mortgage held by such Lenders on a Lot, together with written request therefor from such Lenders, the Association shall timely send to such Lenders the following notice; provided however, that the failure of the Association to send any such notice to any such Lenders shall not have any effect on any meeting, act or thing which was to have been the subject of such notice nor affect the validity thereof, to wit: (I) A copy of any notice of a meeting of the Association or of the Board which is thereafter sent to the Owner of such Lot: (ii) A copy of any financial statement of the Association which is thereafter sent to the Owner of such Lot; (iii) Written notice of any termination by the Association of any professional management of the Property and the assumption by the Association of the self-management of same; (iv) Thirty (30) days prior written notice of the cancellation or termination by the Association of any policies of insurance covering the Common Property or any improvements thereon, or any fidelity bonds of the Association's officers, Directors, or employees as well as copies of any notices of cancellation by others received by the Association with respect thereto; (v) Written notice of any damage or destruction to the improvements located on the Common Property that gives rise to net insurance proceeds being available for distribution to the Owners of the Lots encumbered by the mortgage of such Lenders; (vi) Written notice of any condemnation or eminent domain proceeding or proposed acquisition arising therefrom with respect to the Common Property; (vii) Written notice of any material amendment to, or the abandonment or termination of, this Declaration in accordance with the terms hereof; and (viii) W ritten notice of any default in the performance byOwner/mortgagor of any obligations under the terms and conditions of this Declaration or the Articles or By-Laws that is not cured within sixty (60) days. 16. Term. This Declaration and the terms, provisions, conditions, covenants, restrictions, reservations, regulations, burdens, benefits and liens contained herein, including, without limitation, the provisions for Assessments shall run with and bind the Property and inure to the benefit of Developer, the Association, Owners, Lenders and their respective legal representatives, heirs, successors and assigns for a term of twenty-five (25) years from the date of the recording of this Declaration among the Public Records of Palm Beach County, after which time this Declaration shall be automatically renewed and extended for successive periods often (10) years each unless at least one (1) year prior to the termination of such twenty-five (25) year term or any such ten (10) year extension, there is recorded among the Public Records of the County, an instrument signed by not less than two-thirds (2/3) of the Owners entitled to vote in person or by proxy, together with the approval or ratification of a majority of the Board, agreeing to terminate this Declaration, upon which event this Declaration shall be terminated upon the expiration of the twenty-five (25) year term or the ten (10) year extension thereof during which the termination instrument is recorded. 17. Dissolution of the Association. The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of the Owners entitled to vote in person or by proxy together with the approval or ratification of a majority of the Board. Upon dissolution of the Association as provided herein, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets of the Association shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. The dissolution of the Association shall be subject to the provisions of Chapter 617.05 of the Florida Statutes. In the event of dissolution of the Association for whatever reason, any Owner may petition the Circuit Court for the 15th Judicial Circuit of Florida for appointment of a receiver to manage the affairs of the dissolved Association and its properties in place and instead of the Association and to make such provisions as may be necessary for the continued management of the dissolved Association and its properties. In the event of dissolution, the property consisting ofthe surface water management system shall be conveyed to an appropriate agency of local government, and if such conveyance is not accepted, then the surface water management system will be dedicated to a similar non-profit corporation. IN WITNESS WHEREOF, this Declaration of Covenants and Restrictions for Cannery Row has been signed by Developer on the day and year first above set forth. Signed, Sealed and Delivered in the presence of: By: Ironwood Development, Inc., a Florida corporation, its Manager STATE OF FLORIDA COUNTY OF PALM BEACH SS. CANNERY ROW LLC a Florida limited liability company By: Cary Glickstein, President The foregoing instrument was acknowledged before me this 200fr7, by Cary Glickstein, as President of CANNERY company, who is personally known to me and who did take an oath. day of _ ROW LLC, a Florida limited liability Print Name Notary Public, State of Florida JOINDER AND CONSENT TO DECLARATION OF COVENANTS AND RESTRICTIONS The undersigned, Cannery Row Homeowner's Association, Inc., hereby joins in, and consents to, the Declaration of Covenants and Restrictions for Cannery Row, to which this Joinder and Consent is attached. Signed and delivered CANNERY ROW HOMEOWNERS' ASSOCIATION, in the presence of: INC., a Florida corporation not-for-profit By: Cary Glickstein, President STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _day of , 2006.7, by Cary Glickstein, as President of CANNERY ROW HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not-for- profit, who is personally known to me and who did take an oath. Print Name: Notary Public, State of Florida EXHIBIT "A" All of CANNERY ROW, according to the Plat thereof, as recorded in Plat Book ,Page of the Public Records of Palm Beach County, Florida f ~ ~ EXHIBIT "B" ARTICLES OF INCORPORATION OF CANNERY ROW HOMEOWNERS' ASSOCIATION, INC. ~ 1 EXHIBIT "C" BY-LAW S OF CANNERY ROW HOMEOWNERS' ASSOCIATION MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # l ' ~ -REGULAR MEETING OF MAY 1, 2007 ORDINANCE N0.14-07 DATE: APRIL 27, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend to the Land Development Regulations Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (I~(9), "Window Signs", to provide clarification regarding size of signs, and (H)(10), "Temporary Signs", to prohibit temporary non-commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for removal. BACKGROUND At the first reading on Apri117, 2007, the Commission passed Ordinance No. 14-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 14-07 on second and final reading. S:\Ciry Ckrk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ocd 1407 Amend LDR Subsectans 4.6.7 Window Signs 2nd Reading.05.01.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD R. HOGGARD, JR., AICP, PRINCIPAL PLANNER THROUGH: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: April 12, 2007 SUBJECT: AGENDA ITEM # -APRIL 17.2007 CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) SUBSECTIONS 4.6.7(H}(8}, "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H){9), "WINDOW SIGNS", TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY, AND WHERE ALLOWED, TO PROVIDE TIME LIMITS FOR THEIR REMOVAL. The item before the City Commission is approval of aCity-initiated amendment to the Land Development Regulations to provide clarification to the code provisions for certain types of signs. BACKGROUND On January 2, 2007, the City Commission approved Ordinance 78-06, which repealed the old sign code and enacted a new sign code to comply with recent case law from the Eleventh Circuit Court that found that the regulation of signage cannot be based on sign content. The new code removed (to the extent that it was possible) any reference to the content of a sign by removing and/or renaming content-based descriptions. Additional changes were also implemented at that time in order to make the sign code more user-friendly. The purpose of the proposed City-initiated amendment is to provide additional clarification to the code provisions for residential real estate signs, window signs and temporary signs. These types of signs do not require a permit. Residential real estate signs are limited to one sign per street frontage and shall not be illuminated. In addition to being allowed on private property, temporary non-commercial signs are also allowed in public rights-of-way when placed adjacent to private property. They are not permitted to be placed in medians or on portions of rights-of-way contiguous to public property. When located within public rights-of-way, these signs are limited to 3 square feet in size and must be removed within 10 days after the date of the event, election or referendum. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on March 19, 2007. No one from the public spoke on the issue. The Board discussed the Ordinance and recommended approval on a 7 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. A memo is attached regarding the staffs review of the illumination of real estate signs with the realtor's association. By motion, approve on first reading Ordinance No. 14-07, amending Land Development Regulations (LRDs) Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (H)(9), "Window Signs", to provide clarification regarding size of signs, and (H)(10), uTemporary Signs", to prohibit temporary non-commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for their removal, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), with second reading to occur on April 17, 2007. Attachments: ^ Ordinance No. 14-07 • Planning & Zoning Staff Report of March 19, 2007 -2.R writers Direct Line: ss~na~-~oso MEMORANDUM DATE: April 12, 2007 TO: City Commission FROM: Terrill C. Barton, Assistant City Attorney SUBJECT: Ordinance 14-07 Pertainina to Sians On Thursday, April 12, 2007, Susan Ruby, Lula Butler and Terrill Barton met with Gabrielle Bargerstock, Government Affairs Specialist of the Realtors Association of the Palm Beaches, Inc., and discussed residential real estate signs and the provision in Ordinance 14-07 that amends Section 4.6.7(H)(8)3 to state, "all real estate signs shall be non-illumina#ed." This provision was inadvertently eliminated when the sign code was amended in January, 2007 via Ordinance 78-06. Prior to the passage of Ordinance 78-06 in January, 2007, real estate signs were required to be non-illuminated pursuant to Section 4.6.7(H)(8)3 of the LDRs. Therefore, this addition is merely adding what was in the code three (3) months before. There was concern expressed by the Realtors Association of the Palm Beaches, however, that there is likely to be a new touch screen technology that may be applicable to real estate signs in the foreseeable future that will likely require illumination in order to allow a passerby to view the interior of a structure via touch-screen technology rather than the standards paper flyers in the information tubes that have been used in the past. Per Ms. Bargerstock, however, this technology, though foreseeable, is not currently in use by realtors and may not be in use in the real estate industry for another couple of years. Due to the speculative nature of the applicability of these technological advances to real estate signs, it was agreed upon by all present at the meeting that the section of the sign code pertaining to illumination of residential real estate signs (Section 4.6.7(H)(8)3), may be revisited at a future date to address the changes in real estate signs but to do so now is somewhat difficult due to our inability to accurately define how this new technology may or may not be applied to real estate signs in the future. City Commission April 12, 2007 Page 2 It should be noted that the term "illuminated sign", is currently defined in Appendix "A" of our LDRs as "a sign with an internal or external artificial light source". Lula Butler explained in the meeting that landscape lighting that is used to indirectly illuminate a real estate sign is not a code violation. As a result of the foregoing, our office is of the opinion that Ordinance 14-07, which is merely correcting a typographical error that was made in Ordinance 78-06 with regard to the illumination of residential real estate signs, shall continue to prohibit the illumination of residential real estate signs until additional technological advances are implemented by the real estate industry with regard to signs at which point this topic may be revisited. TCBamk cc: David T. Harden, City Manager ORDINANCE NO. 14-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 78-06 BY AMENDING SUBSECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H)(9), "WINDOW SIGNS", TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON- COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY AND PROVIDE TIME LIMITS FOR REMOVAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 19, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, sign types described herein are related in other ways to the functions they serve and the properties to which they relate [See Bond, Making Sense of Billboard Law: Justifying Prohibitions and Exemptions, 88 Mich.L.Rev. 2482 (1980)]; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that the exercise of its police power for such regulation should not extend to objects such as artwork or temporary holiday/seasonal decorations that are not typically associated with or considered signage; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that it is not necessary to regulate and/or require permitting for certain sign-types not otherwise prohibited based upon the function they serve, and such sign-types include street address signs, nameplate/occupant identification signs, noncommercial onsite directional and parking signs, warning and safety signs, machinery and equipment signs, and garage-yard sale signs, as well as bulletin boards for zoned lots for public/semi-public uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.6.7(H)(8), "Residential" is hereby amended to read as follows: (8) Residential. (a) Residential Real Estate Signs: 1. One sign per lot, the sign being not greater than three square feet (3 sq.ft.) in area on residentially zoned property, however, where a lot is bordered by more than one (1 street, one sign may be erected on each street; 2. One additional sign per lot may be erected on a lot which borders a waterway ~ra ~~° r~° ~~ ~` '~`~ provided that the additional sign is located along the waterway . Such sign shall not exceed nine square feet (9 sq.ft.) in area; 3. All real estate signs shall be non-illuminated; ~ 4. An additional sign or "rider" sign, of not greater than three square feet (3 sq.ft.), may be attached to or accompany a real estate sign. Section 2. That Chapter Four, "Zoning Regulations", Section 4.6.7(H)(9), "Window Signs", is hereby amended to read as follows: (9) Window Signs. 1. Plastic or painted signs may be placed upon windows when limited to 20% of the aggregate glass area, per tenant space or per main use. 2. Paper signs displayed two feet (2') or more from the inside of the glass but which are visible from the outside shall be limited to 20% of the aggregate window area, per tenant space. Section 3. That Chapter Four, "Zoning Regulations", Section 4.6.7(H)(10), "Temporary Signs", is hereby amended to read as follows: (10) Temporary Signs: (a) Temporary Non-Commercial Signs 1. Temporary non-commercial signs may be placed on public rights-of--ways contiguous to private property. Such signs shall not be placed in medians or on portions of rights-of--way contiguous to publicly owned property. 2 ORD NO. 14-07 2. Each temporary non-commercial sign within a public right-of--way shall be removed within ten (10Ldays after the date of event, election or referendum. If said signs are not removed prior to the expiration of the ten (10) damperiod, the sign shall constitute an abandoned sign and the City shall remove the sign. 3. ~- No temporary non-commercial sign shall exceed twelve square feet (12 sq.ft.) per sign face in area on any private lot or parcel. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. ~4. Any temporary non-commercial sign in the public right-of--way shall not exceed three square feet~3 scl.ft~ No temporary non-commercial sign shall be placed on any public property. Sims may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. Section 4. 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 division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 5. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2007. MAYOR ATTEST: City Clerk First Reading: Second Reading: 3 ORD NO. 14-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: MARCH 19, 2007 AGENDA NO: IV. D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) SUBSECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H)(9), "WINDOW SIGNS", TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON- COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY, AND WHERE ALLOWED, TO PROVIDE TIME LIMITS FOR THEIR REMOVAL. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations to provide clarification to the code provisions for certain types of signs. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND /ANALYSIS On January 2, 2007, the City Commission approved Ordinance 78-06, which repealed the old sign code and enacted a new sign code to comply with recent case law from the Eleventh Circuit Court that found that the regulation of signage cannot be based on sign content. The new code removed (to the extent that it was possible) any reference to the content of a sign by removing and/or renaming content-based descriptions. Additional changes were also implemented at that time in order to make the sign code more user-friendly. The purpose of the proposed City-initiated amendment is to provide additional clarification to the code provisions for residential real estate signs, window signs and temporary signs. These types of signs do not require a permit. Residential real estate signs are limited to one sign per street frontage and shall not be illuminated. In addition to being allowed on private property, temporary non-commercial signs are also allowed in public rights-of-way when placed adjacent to private property. They are not permitted to be placed in medians or on portions of rights-of- way contiguous to public property. When located within public rights-of-way, these signs are limited to 3 square feet in size and must be removed within 10 days after the date of the event, election or referendum. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. IV. D. Planning and Zoning Board Memorandum Staff Report, March 19, 2007 Amendment to LDRs Pertaining to the Sign Code Page 2 Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS Courtesv Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to provide clarification to the code provisions for certain types of signs that do not require a permit. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission, amendment to the Land Development Regulations (LRDs) Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (H)(9), "Window Signs", to provide clarification regarding size of signs, and (H)(10), uTemporary Signs", to prohibit temporary non- commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for their removal, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: • Proposed Ordinance MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ ~ ~' C -REGULAR MEETING OF MAY 12007 ORDINANCE NO. 17-07 -NON-SPOUSE BENEFICIEARIES DATE: APRIL 13, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the City of Dekay Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", providing for direct rollovers to an individual retirement account by anon-spouse beneficiary. BACKGROUND At the first reading on April 17, 2007, the Commission passed Ordinance No. 17-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 17-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 17-07 Amrnd Chptr 35 Empbgee Policies and Brnefits Retirement Plan 2nd Reading.05.01.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Susan A. Ruby, City Attorney DATE: April 12, 2007 SUBJECT: AGENDA ITEM # ~ ~ . ~ -REGULAR MEETING OF APRIL 17, 2007 ORDINANCE 17-07 -NON-SPOUSE BENEFICIARIES ITEM BEFORE COMMISSION This item is before the City Commission for approval of Ordinance 17-07 amending chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending section 35.097, "Retirement Income; Basis, Amount and Payment", providing for direct rollovers to an individual retirement account by anon-spouse beneficiary. BACKGROUND This ordinance reflects changes to the Pension Protection Act of 2006 which allows for a designated non-spouse beneficiary to make a direct rollover of a distribution from the plan to an individual retirement account or annuity. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance 17-07 on first reading. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Joe Safford, Finance Director Karen Schell, Pension Coordinator ORDINANCE NO. 17-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING FOR DIRECT ROLLOVERS TO AN INDNIDUAL RETIREMENT ACCOUNT BY A NONSPOUSE BENEFICIARY; PROVIDING A GENERAL REPEALER CLAUSE; A VALIDITY CLAUSE; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Dekay Beach is hereby amended by amending section 35.097, "Retirement Income; Basis, Amount and Payment", subsection (L), "Direct Transfers of Eligible Rollover Distributions", to read as follows: Ste, 35.097. RETIREMENT INCOME: BASIS, AMOUNT AND PAYMENT. (L) Direct Transfers of Eligible Rollover Contributions. (1) General. This subsection $eefiies applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this subsection $eefi~, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (2) Definitions. Eligible rollover distribution. Any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income. Eligible retirement plan. An eligible retirement plan is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(6) of the Internal Revenue Code (other than an endowment contract), and annuity plan described in Section 403(a) of the Internal Revenue Code, qualified trust described in Section 401 (a) of the Internal Revenue Code, an eligible deferred compensation plan described in Section 457(6) of the Intemal Revenue Code which is maintained by an eligible employer described in Section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in Section 403(6) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. Distributee. Includes an employee or former employee. In addition, the employee s or former employee's surviving spouse is a distributee with regard to the interest of the spouse. Direct rollover. A payment by the plan to the eligible retirement plan specified by the distributee. (3) Rollovers or Transfers into the Fund. On or after the effective date of Ordinance No. 57-02 Qan. 7, 2003], the fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of credited service pursuant to Section 35.093(E), as follows: the plan will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in Section 403(a) of the Internal Revenue Code, from an annuity contract described in Section 403(6) of the Internal Revenue Code, or from an eligible plan under Section 457(6) of the Internal Revenue Code, which is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State. (41 Direct Rollover to an IRA by Nonspouse Beneficiarv. In accordance with Section 829 of the Pension Protection Act of 2006, on and after the effective date of this ordinance the plan will allow a designated nonspouse beneficiary to make a direct rollover of a distribution from the .plan to an individual retirement account or annuity described in Section 408(a or ~b,~ of the Internal Revenue Code. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 17-07 Section 3. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 2007. ATTEST: MAYOR Ciry Clerk First Reading Second Reading ORD NO. 17-07 MEMORANDUM TO: MAYOR AND CITY COMMISSI NERS ~~~~ FROM: JASMIN ALLEN, PLANNER ~'~'`~ L~~%~!~ . PAUL DORLING, AICP, DI CTOR PLANNING AND ZONING ~,~ THROUGH: CITY MANAGER DATE: APRIL 23, 2007 SUBJECT: AGENDA ITEM #~~•~- MAY 1, 2007 City Initiated Future Land Use Map amendment (small-scale) from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and Rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet north of East Atlantic Avenue, between NE 1S` Avenue and Pineapple Grove Way (NE 2"d Avenue) ITEM BEFORE COMMISSION The action before the City Commission is aCity-initiated small scale Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue). BACKGROUND The subject property contains approximately 1.34 acres and consists of Lots 4, 5, 10, 11 and portions of Lots 3, 6, 9 and 12, Block 76, Town of Delray. Additionally the 16 foot north/south alley which bisected the property has been abandoned and will be included in this rezoning and land use action. The property currently accommodates a public parking lot and an office building. In August 2000, the Old School Square Master Plan was adopted which included the construction of a new parking garage facility with retail facing Pineapple Grove Way and NE 1St Street (now under construction), and development of an urban park adjacent to the Old School Square Facility. The proposed changes are being sought in order to accommodate the proposed new urban park as neither the current CBD nor OSSHAD zoning allow parks as either a permitted or conditional use. City Commission Documentation Meeting of May 1, 2007 New Urban Park Adjacent to Old School Square- Future Land Use Map Amendment and Rezon REVIEW BY OTHERS At its meeting of April 16, 2007, the Planning and Zoning Board held a public hearing in conjunction with the request. There was no public testimony in support of, or opposition to the proposal. After reviewing the staff report and discussing the proposal, the Board voted 5-0 to recommend to the City Commission approval of the Future Land Use Map amendment and rezoning, by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. RECOMMENDATION Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR {Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) by adopting the findings of fact and law contained in the staff report, and a finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Attachments: ^ Planning and Zoning Board Staff Report of April 16, 2007 ^ Ordinance No. 16-07 2 ORDINANCE NO. 1b-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CC (COMMERCIAL CORE) IN PART AND OMU (OTHER MIXED USED) IN PART; TO OS (OPEN SPACE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CBD (CENTRAL BUSINESS DISTRICT) IN PART AND OSSHAD (OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT) IN PART TO OSR (OPEN SPACE AND RECREATION) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED APPROXIMATELY 180 FEET NORTH OF EAST ATLANTIC AVENUE, BETWEEN NE 1sT AVENUE AND PINEAPPLE GROVE WAY (NE 2'~ AVENUE), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, The City of Delray Beach, is the fee simple owner of a 1.34 acre parcel of land located approximately 180 feet north of East Atlantic Avenue, between NE 1 S` Avenue and Pineapple Grove Way (NE 2"d Avenue); and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of CC (Commercial Core) in part and OMU (Other Mixed Use) in part; and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (open Space); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated March 2006 as being zoned CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) District; and WHEREAS, at its meeting of April 16, 2007, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive fmdings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach fords the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as OS (Open Space). Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of OSR (Open Space and Recreation) District for the following described property: The South 212.26 Ft. of the North 422.26 Ft. of Block 76, Map of the Town of Linton, according to the Plat thereof, recorded in Plat Book 1, at Page 3, of the Public Records of Palm Beach County Florida. Section 5. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 ORD NO. 16-07 part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST City Clerk First Reading Second Reading MAYOR ORD NO. 16-07 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: April 16, 2007 Iv.6 Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and Rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed Urban Park adjacent to Old School Square, located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2"d Avenue) (Quasi- Judicial Hearing). Owner/Applicant ..................... City of Delray Beach Location .................................. Approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) Property Size ............................... 1.34 Acres Future Land Use Map ................. CC (Commercial Core) in part and OMU (Other Mixed Use) in part Current Zoning ............................ Adjacent Zoning ................. North: East: South: West: Existing Land Use ........................ Proposed Land Use ........... .......... Water Service .................... .......... Sewer Service ................... ........... CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) CBD (Central Business District) CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) OSSHAD (Old School Square Historic Arts District} Public Parking Lot and Vacant Office Building Park Existing on site Existing on site N:E 7RD ~~ ~ N. q T ~_~ ATLANTIC. A V E N U E ®~ ~ Z Z 3 ~ `~ SE ~® 1ST ST. iE 7ND ST. SE 7RD iY. t~. ITEM BEFORE THE BOARD The action before the Board is making a recommendation to the City Commission on a City- initiated small scale Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2"d Avenue). Pursuant to LDR Section 2.2.2(E), the Local Planning Agency (Planning and Zoning Board) shall review and make a recommendation to the City Commission with respect to all amendments to the City's Future Land Use Map and rezoning of land. BACKGROUND/ANALYSIS The subject property contains approximately 1.34 acres and consists of Lots 4, 5, 10, 11 and portions of Lots 3, 6, 9 and 12, Block 76, Town of Delray. The 16 foot north/south alley which bisected the property has been abandoned and will be incorporated within the property. The property was part of a larger parcel, a portion of which was used in the construction of the Block 76 Parking Garage and accommodates a public parking lot and an office building. Regarding the land use history, on November, 15, 1995, the Historic Preservation Board approved a Class V site plan to allow the construction of a 136-space public parking lot. The parking lot was further modified with the approval of a Class I site plan modification on November 16, 1998, to allow the construction of ten (10) additional parking spaces. The Craig's Furniture warehouse building was converted to an office building and was approved by the Site Plan Review and Appearance Board on November 4, 1998. The office building was purchased by the City of Delray in November 2006, and will be demolished in conjunction with the proposed park improvements. In August 2000, the Old School Square Master Plan was adopted which included the construction of a new parking garage facility with retail facing Pineapple Grove Way and NE 1Sc Street (now under construction}, and development of an urban park adjacent to the Old School Square Facility. The proposed changes are being sought in order to accommodate the proposed new urban park. Neither the current CBD nor OSSHAD zoning allow parks as either a permitted or conditional use. Thus, to accommodate the proposed park, rezoning to OSR is being processed. Additionally, a Future Land Use Map amendment on the entire property to OS is also proposed. FUTURE LAND USE MAP AMENDMENT ANALYSIS Florida Statutes 163.31873 -Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that local government Comprehensive Plan Future Land Use Map amendments directly related to proposed small Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: ^ The amendment does not exceed 10 acres of land; ^ The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; ^ The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; ^ That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre; ^ The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for asite-specific small scale development activity; and, ^ The property that is the subject of a proposed amendment is not located within an area of critical state concern. The Future Land Use Map amendment involves a 1.34 acre parcel. The proposed amendment is to OS (Open Space) and does not involve any residential densities. While the property is not located within a designated redevelopment, urban infill, downtown revitalization it is located within a traffic concurrency exception area, therefore the cumulative effect of amendments shall not exceed 120 acres. No other small-scale amendments have been processed this year within designated redevelopment and traffic concurrency exception areas. The property has not previously been considered for a land use map amendment nor has the same property owner's properties, within 200 feet, been granted a land use change, within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The Future Land Use Map amendment and rezoning is being sought to accommodate a future park on the site. The current CBD and OSSHAD zoning designations do not allow parks. The proposed OSR (Open Space and Recreation) zoning district allows "parks, public or private, active or passive including playgrounds, ball fields, interpretative trails, educational exhibits, and the like" as a principal use per LDR Section 4.4.27(8). Table L-7 "Land Use Designation/Zoning Matrix," of the Future Land Use Element, shows that the OSR zoning district is consistent with the OS Future Land Use Map designation. Thus, positive findings can be made regarding consistency of the FLUM. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: ^ Demonstrated Need --That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar 2 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposed open space designation does not require submittal of supporting data and analysis. However, it is noted the requested change is to accommodate the placement a park consistent with the adopted Parks and Recreation Master Plan and the Old School Square Master Plan. The current zoning will not allow the anticipated use thus the changes are being sought. ^ Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. Future Land Use Element: Objective A-1: -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property accommodates a public parking lot and an office building which is to be removed as a part of this development proposal. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed park. While there will be a loss of the surface parking (146-spaces), the construction of the Block 76 Parking Garage which accommodates 523 parking spaces will provide 377 more spaces. Thus there will be a positive impact to the surrounding business with respect to the availability of parking. The development will be complimentary with the surrounding commercial developments and residential uses as it will provide for a new urban park. Parks and Recreation Element Policy A-2.15: The City shall establish an Urban Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources are to be pursued and the development should be accomplished by FY 2006/2007. Policy A-2.1: The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A-2.2: The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policy A-2.3: Funds shall be allocated, achieving Policy A-2.2. This mechanism which are applied to meeting that policy. on an annual basis, for the purpose of shall only be one of the funding sources 3 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning Policy A-2.14: All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. The proposed park has been identified in the Old School Square Master Plan and the Parks and Recreation Master Plan as a vital asset to the proposed expansion of the Old School Square Cultural Arts Center. The proposed Future Land Use Map amendment and rezoning is the first step in the planning process to accomplish the above policy. ^ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed rezoning and FLUM change will place the property in an open space category rather than the current commercial and mixed-use category. This will result in a reduction in intensity therefore concurrency can be met and is not an issue. ^ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The requested designation of OS will accommodate the proposed use of the property. It will provide an opportunity for an urban park and expand the Old School Square Cultural Arts Center to Pineapple Grove Way. ^ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property will be developed as a park and will be reviewed for compliance with the LDR during the related site plan approval process. No problems are anticipated in meeting the LDR requirements. PINEAPPLE GROVE MASTER PLAN The Pineapple Grove Master Plan recommended the location of a park having frontage on Pineapple Grove Way and as close to the center of the Program area as possible be provided. ZONING ANALYSIS REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the Staff Report or Minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. 4 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square - FLUM and Rezoning Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Zoning Consistency and Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions), along with the required findings in Section 2.4.5(D) (5) (Rezoning Findings), shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is surrounded by the CBD zone district to the north, south and east; and, by the OSSHAD zone district on the west. The adjacent land uses to the north is the Block 76 Parking Garage (now under construction), to the east and south are commercial uses and Old School Square Cultural Center to the west. The proposed changes will allow the site to be developed as an urban park to serve the neighboring business and visitors to the Downtown by providing an open and inviting public area. The utilization of the property in this manner is compatible and complementary with all adjacent uses. Section 2.4.5(D) (5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site andlor neighborhood. The reason for the rezoning is "b". The change in circumstance is the acquisition of the parcels by the City for the purpose of establishing an urban park in keeping with the adopted Old School Square Master Plan and Parks and Recreation Master Plan. The proposed land use changes and zoning change are necessary to accomplish that goal. Further, the zoning designation of Open Space and Recreation is more appropriate for the property to accommodate the 5 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square -FLUM and Rezoning envisioned development as identified in the City Commission endorsed Old School Square and the Parks and Recreation Master Plans. REVIEW BY OTHERS The development proposal is located within the geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) and PGMS (Pineapple Grove Main Street). Community Redevelopment Agency At its meeting of April 12, 2007, the CRA Board reviewed and recommended approval of the proposed Future Land Use Map amendment and rezoning. Downtown Development Authority (DDA) At its meeting of April 9, 2007, the DDA Board reviewed and recommended approval of the proposed Future Land Use Map amendment and rezoning. Pineapple Grove Main Street (PGMS) At its meeting of April 4, 2007, the PGMS Board reviewed and recommended approval of the Proposed Future Land Use Map amendment and rezoning. Courtesy Notices: A special courtesy notice was provided to the following Homeowners and Civic Associations: • Neighborhood Advisory Council • Chamber of Commerce Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The existing CBD and OSSHAD zoning designations are inappropriate in light of the proposed park use of the property. The FLUM amendment and rezoning will allow the development of the parcel as an urban park in keeping with the adopted Old School Square and Parks and Recreation Master Plans. As this is intended use of the property envisioned by the City it is appropriate to approve these changes. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 (FLUM Amendments Findings) of the Comprehensive Plan, and Sections 3.11, 3.2.2, and 2.4.5(D) of the Land Development Regulations. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of denial to the City Commission for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS 6 Planning and Zoning Board Staff Report -Meeting of April 16, 2007 Proposed Urban Park Adjacent to Old School Square - FLUM and Rezoning (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, and does not meet the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. C. Move a recommendation of approval to the City Commission for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission for the Future Land Use Map amendment for the Future Land Use Map amendment from CC (Commercial Core) in part and OMU (Other Mixed Use) in part to OS (Open Space) and rezoning from CBD (Central Business District) in part and OSSHAD (Old School Square Historic Arts District) in part to OSR (Open Space and Recreation) for a proposed urban park, adjacent to Old School Square and located approximately 180 feet north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2nd Avenue) by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development Regulations. Attachments: ^ Location Map ^ Future Land Use Map ^ Zoning Map 7 > > > a a Q N.E. is G~ A T L A N T I C E. z 0 z ST. 1ST ST. Lei Lei z z A V E N U E ~w a 0 z CV 1ST w vi S T. Lei vi N SUBJECT NEW URBAN PARK SITE PROPERTY CITY OF DELRAY BEACH, FL FUTURE LAND USE MAP PLANNING & ZONING DEPARTMENT -- DIGITAL QASE MAP SYSTEM -- MAP REF: LM1001A I w Q Q Q N.E. 2ND ST. 0 ~' ~ > o Q J Q I- ~ w ~j (!1 N Z ~ li N.E. 1ST ST. ~~ HA Lv Lv z z A T L A N T I C A V E N U E w ~ W > > a a z 0 ~- 0 z CV ~ ~_- E (n 1ST ST. Lei LLi w ~ w vi ~ ~~ SUBJECT NEW URBAN PARK SITE PROPERTY CITY OF DELRAY BEACH, FL EXISTING ZONING MAP PLANNING & ZONING DEPARTMENT -- DIC/TAL H4S£ MAP SYSTEM -- MAP REF: LM70018 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD HOGGARD, AICP, PRINCIPAL PLANNER , PAUL DORLING, AICP, DIRECTOR PLANNING AND Z NIN THROUGH: CITY MANAGER ,~~ DATE: APRIL 25, 2007 SUBJECT: AGENDA ITEM # ' ~ • ~(,! -REGULAR MEETING OF MAY 1, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 6.1.2 "STREETS AND ALLEYS", SUBSECTION 6.1.2(A), "IMPROVEMENT OBLIGATIONS." ITEM BEFORE COMMISSION The item before the Board is approval of aCity-initiated amendment to the Land Development Regulations to correct a reference to an LDR Section that has been relocated elsewhere in the code. This section deals with the responsibility for off-site improvements to streets and alleys. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND On March 16, 1999, the City Commission adopted Ordinance No. 12-99, to clarify the requirement that all improved lots are to be accessed from a paved street, road or alley. The amendment included relocating most of Section 5.3.1(E), "Improvement Obligations," and its subsections to Section 6.1.2(A). Section 6.1.2(A)(2)(b) incorrectly references the old Section 5.3.1(E)(2)(a), which was relocated to 6.1.2(A)(2)(a). The purpose of this amendment is to correct that reference. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on April 16, 2007. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote (Pike stepped down), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 18-07, amending Land Development Regulations (LDRs) Section 6.1.2 "Streets and Alleys," Subsection 6.1.2(A), "Improvement Obligations," to correct the reference to an LDR section that has been relocated elsewhere in the code, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), with second reading to occur on May 15, 2007. Attachments: • Ordinance No. 18-07 ^ Planning & Zoning Staff Report of April 16, 2007 ORDINANCE NO. 18-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 6.1.2, "STREETS AND ALLEYS", SUBSECTION 6.1.2(A), "IMPROVEMENT OBLIGATIONS", TO CORRECT THE REFERENCE TO AN LDR SECTION THAT HAS BEEN RELOCATED ELSEWHERE IN THE CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 16, 2007, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 6.1.2, "Streets and Alleys", Subsection 6.1.2(A), "Improvement Obligations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Improvement Obligations: Concurrent, or prior to, construction associated with an approved development application, the development shall provide for the construction of improvements as identified in Section 5.3.1(C) and off-site improvements to the following extents. (1) When the street or alley is totally contained within a subdivision or development project, all improvements necessary to accommodate the demands and impacts of the project shall be provided. (2) When the street or alley is located on a boundary of the project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line unless the project requires greater participation as follows in subsections (a) or (b). (a) When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the project in addition to the improvements on its side of the center line ofright-of--way. (b) When additional travel lanes are required to accommodate demands made by the project, then the project needs to provide such additional traffic lanes in addition to the improvements on its side of the center line of right-of--way and those required by ~.2.' . «`~'"~°` 6.1.2(A)(2)(a). (3) Off-site improvements must be provided as imposed by conditions of approval on the development application. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_ ATTEST MAYO R 2 ORD. NO. 18-07 City Clerk First Reading Second Reading ORD. NO. 18-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: APRIL 16, 2007 AGENDA NO: IV. C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs), AMENDING SECTION 6.1.2 "STREETS AND ALLEYS", SUBSECTION 6.1.2(A), "IMPROVEMENT OBLIGATIONS," TO CORRECT THE REFERENCE TO AN LDR SECTION THAT HAS BEEN RELOCATED ELSEWHERE IN THE CODE. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations (LDRs) Subsection 6.1.2(A), "Improvement Obligations," to correct the reference to an LDR Section that has been relocated elsewhere in the code. This section deals with the responsibility for off-site improvements to streets and alleys. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND /ANALYSIS On March 16, 1999, the City Commission adopted Ordinance No. 12-99, to clarify the requirement that all improved lots are to be accessed from a paved street, road or alley. Those changes were necessary, given a courts ruling in the Powell case that indicated that the LDRs, as written, "could not reasonably be interpreted to impose such a paving requirement." The inability of the Courts to interpret the LDRs came from confusion relating to the location of certain LDR sections, inappropriately located subsections, and lack of references to the regulations applying to alleys as well as to streets. The 1999 amendment included relocating most of Section 5.3.1 {E), "Improvement Obligations," and its subsections to Section 6.1.2(A). Since Chapter 5 deals with Subdivision Regulations, this relocation was made to clarify the fact that the improvement obligations apply to all development in the City, not just subdivided property. Section 6.1.2(A)(2)(b) incorrectly references the old Section 5.3.1(E)(2)(a), which was relocated to 6.1.2(A)(2)(a). The purpose of this amendment is to correct that reference. REQUIRED F/NDlNGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. IV. C. Planning and Zoning Board Memorandum Staff Report, April 16, 2007 Amendment to LDRs Pertaining to the Improvement Obligations for Streets and Alleys Page 2 Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW%13Y OTHERS Courtesv Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to correctly reference an LDR Section that has been relocated elsewhere in the code. This correction will allow the requirements of the applicable Sections to be interpreted as they were intended. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for aCity-initiated amendment to the Land Development Regulations (LDRs), amending Section 6.1.2 "Streets and Alleys," Subsection 6.1.2(A), "Improvement Obligations," to correct the reference to an LDR section that has been relocated elsewhere in the code, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: • Proposed Amendment MEMORANDUM TO: Mayor and City Commissioners David Harden, City Manager FROM: Susan A. Ruby, City Attorney DATE: Apri125, 2007 SUBJECT: AGENDA ITEM # 1 . V -REGULAR MEETING OF MAY 1.2007 ORDINANCE NO. 19-07 AMENDING THE POLICE AND FIRE PENSION PLAN, SECTION 33.687, "EARLY RETIREMENT INCENTIVE" ITEM BEFORE COMMISSION Ordinance No. 19-07 amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the Code of Ordinances of the City by amending Section 33.687, "Early Retirement Incentive" to allow the City to open early retirement windows for police or fire instead of opening an early retirement window for both. BACKGROUND Currently the early retirement window must be opened for both Police and Fire at the same time. This has been a problem when one department wants to open the window but the other is understaffed. Trish Shoemaker from the Division of Retirement has indicated -there is no statutory impediment to the amendment allowing the window to be opened separately for each department. FUNDING SOURCE N/A RECOMMENDATION Recommend City Commission approval of Ordinance No. 19-07 amending Section 33.687 "Early Retirement Incentive" of the Code of Ordinances of the City to allow the early retirement window to be opened for police or fire members. cc: Joe Safford, Finance Director Bruce Koeser, Human Resources Director Stephen H. Cypen, Esq. Chairman of the Police and Fire Pension Board ok Lt. Joe Liguori James W. Linn, Esq. ORDINANCE NO. 19-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.687, "EARLY RETIREMENT INCENTIVE"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.687 "EARLY RETIltEMENT INCENTIVE", to read as follows: Sec. 33.687. EARLY RETIREMENT INCENTIVE. (A) Effective January 1, 1994, an early retirement incentive shall be provided to employees in accordance with this Section. The availability of the early retirement incentive in any calendar year shall be determined by the City. (B) Employees with eighteen (18) and up to, but not including, twenty (20) years of continuous service shall be eligible for the early retiremenrt incentive. In any calendar year in which the City determines that the early retirement incentive will be offered, eligible employees shall be given an opportunity to decide within a specified time period (thirty (30) to ninety (90) days) whether they wish to receive the early retirement incentive and retire from city employment. The City will provide at least sixty (60) days advance notice to eligible employees of the early retirement incentive offering, which may, be limited to .police officer members or firefighter members. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. ion 3. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. ATTEST: MAYOR City Clerk First Reading Second Reading 2 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING -TUESDAY, MAY 1, 2007 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEMS: 7. PRESENTATIONS: E. Palm Beach Workforce Development Consortium Presentation 8. CONSENT AGENDA: City Manager Recommends Approval. M. FIRE ACT GRANT APPLICATION FOR FY 2007/2008: Approve a Fire Act Grant Application in the amount of $87,148.00 for funding to purchase new All Terrain Vehicles (ATV's) and associated EMS equipment for the Fire-Rescue Department. If the grant is awarded a 20% match in the amount of $21,786.00 from the City will be required (FY 2007/2008 Budget). 9. REGULAR AGENDA: A.A. SPECIAL ~VENT/REOUEST/HATIAN FLAG DAY EVENT: Approve a special event request to endorse the Haitian Flag Day Celebration sponsored by Toussaint L'Ouverture High School on May 18, 2007 from 3:00 p.m. unti18:00 p.m., in the parking lot adjacent to the school site; authorize staff support for security, traffic control, barricading, trash removal and clean up, use and set up of small stage; and contingent upon sponsor providing a hold harmless agreement. ************************************************************~x******************* 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. Page 1 of 1 t~~ Rangel, Delores From: Kathryn Schmidt [kschmidt@pbcalliance.com] Sent: Tuesday, April 10, 2007 3:18 PM To: Ellis, Rita Subject: Thank you Thank you for taking the time to meet with me to discuss the proposed organizational model for Workforce Alliance. I welcome the opportunity to speak to city council members who have any questions on this proposed model and look forward to the meeting on May 1. In addition, please would you confirm the time and location of this meeting. Again, thank you. Sincerely, Kathryn Schmidt President/CEO Workforce Alliance, Inc. 326 Fern Street, Suite 301 West Palm Beach, FL 33401 Tel: 561 340 1061 ext 201 Fax: 561 340 1062 4/27/2007 1' Page 1 of 1 Range/, Delores From: Kathryn Schmidt [kschmidt@pbcalliance.com] Sent: Thursday, April 26, 2007 5:24 PM To: Ellis, Rita Cc: William (Bill) Wood Subject: Interlocal Agreement Attachments: INTERLOCAL AGREEMENT CREATING for Palm Beach-final 4-19-07.doc Dear Rita, At our meeting with Bill Wood earlier this month, we presented a draft of the Workforce Alliance Interlocal Agreement. The Interlocal Agreement had some challenges to overcome before it becomes final. Having said that, please note the draft Interlocal Agreement has modifications as follows: section 9 a i and 9 a 2. Also Attachment A has been replaced by a revised Attachment A. To summarize the change, the Palm Beach County Commission will retain board approval for 85% of the private sector board members. Delray Beach will have 5% or 1 board member approved by the Delray Beach City Commission. Mandatory appointments will remain to be approved by the consortium. If you have any questions, please feel free to call me. Sincerely, Kathryn Schmidt President/CEO Workforce Alliance, Inc. 326 Fern Street, Suite 301 West Palm Beach, FL 33401 Tel: 561-340-1061 Ext. 201 Fax: 561-340-1062 *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 4/27/2007 INTERLOCAL AGREEMENT CREATING THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM This Agreement, to create the Palm Beach Workforce Development Consortium ("Consortium") is made and entered into pursuant to the authority under Section 163.01, Florida Statutes, by and between Palm Beach County and the Cities of Delray Beach, Palm Beach Gardens, and South Bay, all of the State of Florida, each passing resolutions to that effect. WITNESSETH THAT: WHEREAS, Public Law 105-220 enacted by the congress of the United States effective August 1998, which Act is known as the Workforce Investment Act ("WIA"), established a program to provide universal access to workforce development services for the businesses and citizens of Palm Beach County; and, WHEREAS, the State of Florida's Workforce Development Board ("WDB") Workforce Florida, Inc. (VVFI) created by the Legislature in 2000, has been designated by the Governor to take the lead in designing and directing Florida's workforce development strategy and to designate Workforce Development Areas; and WHEREAS, the county of Palm Beach has been designated by the Governor of the State of Florida as a Workforce Development Region (Region 21); and, WHEREAS, the Workforce Investment Act of 1998, allows that an agreement may be entered into between the general purpose governmental jurisdictions which comprise the workforce development/investment area; and WHEREAS, the governing body of each of the parties to this Agreement desire that its county or city be included in regional workforce development initiatives to avail its businesses and citizens of the benefits of Florida's workforce development strategy, including those programs funded through the Workforce Investment Act of 1998 (WIA), the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWOR), the Wagner-Peyser Act (VVP), the Florida Workforce Innovation Act of 2000 FWIA) ,and such other funding sources as may be available to support workforce activities. WHEREAS, the above governing bodies in the WDB region have come together to form the Consortium to carry out their separate and independent functions described herein in a coordinated and cooperative fashion; and WHEREAS, a readily available workforce of skilled workers is mandatory to attract new businesses to the region and to retain and expand existing businesses 1 which will increase the wealth of the region, grow the economic "pie", ensure jobs for our citizens, expand the tax base, improve the quality of life and ensure the region's economic future. NOW, THEREFORE, in consideration of the premises and mutual covenants and obligations herein contained and for other good and valuable consideration, the parties agree and understand as follows: 1. ESTABLISHMENT OF THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM a. There is hereby established a multi jurisdictional consortium hereinafter called the "Palm Beach Workforce Development Consortium" or "Consortium" for the express purpose of carrying out the individual responsibilities of each party to this Agreement under the Workforce Investment Act of 1998 (VVIA), the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWOR), the Wagner-Peyser Act (WP), the Florida Workforce Innovation Act of 2000 (FWIA) , and such other funding sources as may be available to support workforce activities. b. The Consortium shall consist of four (4) members. The Chairman of the board of County Commissioners of Palm Beach County shall serve as that County's representative on the Consortium; however, the Board of County Commission Chairman may appoint another member of the County Commission to the Consortium and any such Commissioner shall have full voting rights and privileges. Likewise, the Mayor of the City of Delray Beach, the Mayor of the City of Palm Beach Gardens, and the Mayor of the City of South Bay shall serve as those cities representatives on the Consortium; however the Mayors may appoint any member of their respective City Councils to the Consortium and any such Council Member shall have full voting rights and privileges. 2. PARTIES TO THIS AGREEMENT Each of the parties to this Agreement is a county or city of the State of Florida and as such is ageneral-purpose political subdivision, which has the power to levy taxes and expend funds, as well as general corporate and police powers. These parties are more particularly identified as follows: 2 3 4 Name Board of County Commissioners Palm Beach, Florida Mayor, City of Delray Beach Delray Beach, Florida Mayor, City of Palm Beach Gardens Palm Beach Gardens, Florida Mayor, City of South Bay South Bay, Florida CONSIDERATION Address 301 North Olive Avenue West Palm Beach, FL 33401 100 NW First Avenue Delray Beach, FL 33444 10500 North Military Trail Palm Beach Gardens, FL 33410 335 SW 2nd Ave South Bay, FL 33493 In order to establish the background, context, and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties hereto, the following are the predicates underlying the undertakings and commitments included within the provisions which follow and shall be constructed as the essential elements of the mutual considerations upon which this Agreement is based. GEOGRAPHICAL AREA TO BE SERVED BY THIS AGREEMENT a. The geographical area to be served by this Agreement is the combined geographical area of each of the four members' county area and city limits that are parties to this Agreement, whose geographical areas are contained in the legal description found in Chapter 7, Florida Statutes. b. Pursuant to the designation by the Governor, the three members constituting the Palm Beach Workforce Development Consortium and Workforce Alliance, Inc. shall be the WDB region as provided for in Section 116 of Title 1 of the WIA, PRWOR, WP, FWIA and Florida's workforce development initiatives as designated by WFI, Inc. and the Governor for the geographical area covered by this Agreement. 5. FEDERAL AND STATE REQUIREMENTS It is the intent of the Consortium to incorporate into this Agreement the duties and obligations governing programs under WIA, PRWOR, WP, and the Workforce Florida Act programs as well as any other rules and regulations both State and Federal, applicable to these initiatives. 3 6. CREATION OF ADMINISTRATIVE ENTITY The Consortium, pursuant to Section 163.01(7) of the Florida Statutes will employ staff which comprise the Workforce Alliance, Inc. and the Workforce Alliance One-Stop Advisory Committee to operate and implement workforce programs including one-stop direct services as well as related programs in the workforce development area (Region 21). 7. JOINT UNDERSTANDING The terms and conditions, which follow, reflect the joint understanding between the parties. 8. MEMBERSHIP a. The Consortium shall consist of the four (4) member governments represented by elected officials designated to serve by their respective Commission, or Council. The elected official may designate an alternate to serve in the elected official's absence. The alternate shall also be either the chief elected official or an elected official to the Commission, or Council of the member government. b. The officers of the Consortium shall include a chair and a vice chair. These officers shall be elected from among and by the membership of the Consortium for a term of one year, consistent with the state fiscal year, but shall hold office until their successors are duly elected. 9. DUTIES AND RESPONSIBILITIES OF THE PALM BEACH WORKFORCE DEVELOPMENT CONSORTIUM a. To appoint the members of Workforce Alliance Inc, in accordance with the WIA, FWIA, and Attachment (1) of this Agreement. The Workforce Alliance Inc. Board shall consist of 35 members as provided for under the Workforce Investment Act, and the Florida Workforce Innovation Act. As per Attachment (1) each unit of local government will appoint their respective number of private sector members to the Workforce Alliance, Inc. board of directors as listed in Attachment (1). Mandatory appointments will be approved by the consortium. 4 ii. The Consortium may add individual organizational representatives to the membership of Workforce Alliance Inc. board of directors as provided for under the WIA and the FWIA, provided that sufficient additional private sector appointments are made to assure a 51 % private sector majority. iii. Nominations to Workforce Alliance Inc. board of directors shall be made in accordance with the WIA, FWIA and such instructions as may be received from the Governor of the State of Florida b. To select a grant recipient, and administrative entity to administer WIA, PRWOR, Wagner-Peyser Act and such other funding sources as may be available to support workforce development activities. c. To enter into agreements with each other regarding the workforce development area, including the selection of one of the parties to the agreement to serve as the chief elected official for the area. d. To determine the procedures for the development of the workforce investment plan as described in Section 117 of the WIA and the strategy to implement Florida's workforce development initiative within the area designated in Section 3 of this Agreement. e. Together with Workforce Alliance, Inc., to approve the workforce development plan for the region and modifications thereto. f. To provide oversight and guidance in conjunction with the Workforce Alliance Inc. Board. g. To accept responsibility for compliance and accountability for State and federal funds. Any disallowed costs will remain the responsibility of Palm Beach County as currently exists. h. To perform any other appropriate duties necessary for the accomplishment, and consistent with the purposes, of this Agreement, the WIA, PRWOR, WP, and FWIA. 5 10. MEETINGS a. The chair shall preside at all Consortium meetings and shall perform all duties incident to that office. The vice chair shall preside in the absence of the chair and shall have the power to exercise and perform all duties of the chair. b. Meetings shall be held at least twice annually. c. Meetings shall be noticed and declared public meetings, open to the public, in accordance with the Sunshine Law, Section 286.011, Florida Statutes d. A quorum at any Consortium shall consist of any Three- (3) members or their designated alternates. A quorum is required to transact Consortium business. e. At all meetings of the Consortium at which a quorum is present, all matters shall be decided by the majority vote of said members. 11. FINANCIAL SUPPORT a. The Consortium shall support its programs and any costs incidental to the operation of its programs by grant funds appropriated to it by the United States Department Of Labor or the United States Department of Health and Human Services for the following programs: the Workforce Investments Act, the Personal Responsibility and Work Opportunity Reconciliation Act, the Wagner-Peyser Act or other Workforce Development, Welfare Legislation or related grants provided by Workforce Florida, Inc. or through any other Federal, State or Local source. In addition, the Consortium Is authorized to accept any other grants in aid or assistance funds, from the United States Government or to accept appropriations from any of its members, or any other organization or person, including the acceptance of gifts, grants, or bequests whether it be in the form of tangible or intangible property. b. No funds will be required from the treasuries of any of the parties to this agreement for implementation of workforce development initiatives, including programs funded by WIA, PRWOR or WP, it being the intent hereof that all funding of the workforce development initiatives and the Consortium shall be accomplished by grants and funds available pursuant to workforce development initiative programs, including any other State and Federal grants or other funding which will further the purpose of the program. The above language does not 6 preclude units of local government from expending funds under their jurisdiction on workforce development programs. c. The Consortium is a governmental entity as defined in Chapter 768.28 Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by the Consortium for which sovereign immunity is applicable. Nothing herein shall be construed as consent by a member of the Consortium as a political subdivision of the state of Florida to be sued by third parties in any matter arising out of this or any other contract, this agreement or any part thereof. The Consortium shall assume equal liability to the extent allowed and/or required by law for the operation of Federal and State Workforce Development programs. d. The Consortium shall purchase Insurance to indemnify itself and/or any of its members and any separate legal entity or contractors from any liability, which may attach due to its operation of WIA, PRWOR, WP or other Federal or State workforce development programs. 12. POWERS DELEGATED TO THE CONSORTIUM The Consortium shall make all policy decisions except those which must be made in partnership with the Workforce Alliance Inc. pursuant to the authorizing legislation under which grants are made available. Policy decisions shall include, but not be limited to those powers enumerated at Section 163.01(5), (6), and (7) of the Florida State Statutes, such as, but not limited to: a. The power to create a separate legal administrative entity to carry out Consortium policies and perform as described in Chapter 163 of the Florida State Statutes, Sections 163.01(7) (b). b. The Consortium may contract with any individual Consortium member for the provision of services to the Consortium pursuant to Section 163.01 (7) (b). c. The manner in which accountability for fund expenditures shall be provided for including an independent audit to be done accordance with the Florida Statutes, and Federal OMB Circular A133. d. The acceptance of grants, gifts, or other types of financial assistance as allowed by law. 7 e. Authorization of the Consortium Director who shall also be the President and CEO of Workforce Alliance, Inc., to negotiate, enter into and execute agreements following the approval of Workforce Alliance, Inc. Board policy as appropriate to carry out the operational and administrative requirements and functions of the strategic plan and for day to day operations. f. Authorization of the said Consortium Director to make purchases in accordance with the procurement and purchasing guidelines approved as a part of the Workforce Alliance, Inc. Administrative Plan filed with the State. Purchases shall include services, supplies, consultant agreements, materials, equipment and leased space. g. Authorization of the said Consortium Director to make and issue policies and procedures as determined by the CEO limitations of the Carver Board Policy Governing model. h. Authorization of the said Consortium Director to make emergency decisions which may include the acceptance or application for grants or the entry into contracts or the expenditure of funds in emergency situations where a meeting of the Consortium and or the Workforce Alliance Inc. as appropriate cannot be called prior to the time that an action must be executed. Such actions shall be placed on the agenda of the next meeting of the Consortium and Workforce Alliance Inc. for ratification by the appropriate entity. All such contract, purchasing and expenditures shall be in accordance with established rules and governing State and federal policies and circulars. The manner in which funds shall be disbursed or paid by the administrative entity charged with operating the programs of providing services contemplated by this Agreement which is Workforce Alliance, Inc. The acquisition, ownership, custody, operation, maintenance, lease or sale of real or personal property subject to federal and State rules. k. The disposition, diversion or distribution of any property acquired. I. The composition, membership appointments, and organizational 8 approval of any advisory bodies to the Consortium. m. The manner in which staff shall be employed to carry out and serve Consortium and Workforce Alliance, Inc. objectives. n. The appointment of the Director of the Consortium upon recommendation of Workforce Alliances Inc., and authorization of the Workforce Alliance, Inc. President and CEO to draft personnel rules and policies which shall be approved by the Consortium upon recommendation of the Workforce Alliance Inc. and which shall provide for the hiring of such staff as is necessary to carry out the duties and responsibilities of the Consortium and Workforce Alliance, Inc. The Workforce Alliance, Inc. President and CEO shall be responsible for the hiring and termination of staff in accordance with those policies. i. Every other year a pay and classification study shall be initiated by the Workforce Alliance, Inc. President and CEO through an independent third party in accordance with purchasing and procurement guidelines or through the Florida Workforce Development Association bi-annual salary survey which shall examine the responsibilities and salaries of the staff to assure that they meet community norms and that they are competitive so as to attract skilled personnel to accomplish the purposes of the Consortium and Workforce Alliance, Inc. ii. A committee of Workforce Alliance Inc. may be established to review and make recommendations for staffing, pay and classification studies and benefits for Consortium staff. r. To develop procedures and/or administrative rules to effectively carry out the Consortium's policies and decisions so long as they do not conflict with governing federal and state rules and regulations, and the Workforce Florida Inc./Agency for Workforce Innovation policies, rules and regulations. Any other necessary and proper matters as they may arise and as agreed upon by the consortium members and member governments. 9 13. SIGNATORY The chair shall act as signatory for the Consortium except as provided in section b. above. In the absence of the chair, any of the other members .may sign for the Consortium in the chair's stead. 14.ALL PRIOR AGREEMENTS It is understood and agreed that this document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained In this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 15.AMENDMENT It is agreed that no modification, amendment, or alteration of the terms or conditions contained in this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 16. NOTICE Whenever any party desires to give notice unto any other party, notice must be given in writing sent by Certified United States Mail with Return Receipt Requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving such notice in compliance with the provision of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to wit: FOR: Board of County Commissioners 301 North Olive Avenue Palm Beach, Florida West Palm Beach, FL 33401 10 17 18 19 Mayor, City of Delray Beach Delray Beach, Florida Mayor, City of Palm Beach Gardens Palm Beach Gardens, Florida Mayor, City of South Bay South Bay, Florida CONSTRUCTION 100 NW First Avenue Delray Beach, FL 33444 10500 North Military Trail Palm Beach Garden 33410 335 SW 2nd Ave South Bay, FL 33493 This Agreement shall be deemed to be a binding contract and shall be construed in accordance with and governed by the laws of the State of Florida. INVALID PROVISION/SEVERABILITY In the event that any provision of this Agreement or the application of any such provision to any party or circumstances be held invalid or unenforceable or the application of such provision to parties or circumstances be unenforceable, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. WAIVER OF RIGHTS Any waiver at any time by any party hereto of its rights with respect to any matter arising in connection with this Agreement shall not be considered a waiver with respect to any subsequent default or matter. [The remainder of this page is intentionally left blank.] 11 EXECUTION PAGE [Page 1 of 1] COUNTY OF Palm Beach BY: Chairman DATE: ATTEST: Clerk CITY OF DELRAY BEACH BY: Mayor DATE: ATTEST: CITY OF PALM BEACH GARDENS BY: Mayor DATE: ATTEST: CITY OF SOUTH BAY BY: DATE: ATTEST: Corporation Secretary Corporation Secretary Mayor Corporation Secretary 12 Attachment 1 Workforce Alliance, Inc. Board Composition Private Sector Appointed By: Palm Beach County Commission City of South Bay City of Delray Beach City of Palm Beach Gardens Total Private Sector Mandatory Appointments** Organized Labor Department of Children and Families Division of Vocational Rehabilitation Private Degree Granting Institution Private Certificate Granting Institution Former Welfare Participant Community Based Organization Education Total Mandatory 17 (85%) 1 (5%) 1 (5%) 1 5% 20 (57%)* 3 1 1 1 1 1 4 3 15 (43%) Minimum of 51 % required by Federal Law/State Statutes* Mandatory appointments by Federal Law/State Statures** 13 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard Ackerman, Acting Fire Chief THROUGH: David T. Harden, City Manager DATE: Apri130, 2007 SUBJECT: AGENDA ITEM # ~ • ~ -REGULAR MEETING OF MAY 1, 2007 FIRE ACT GRANT APPLICATION ITEM BEFORE COMMISSION Approve a Fire Act Grant Application for FY 2007/2008. BACKGROUND Fire-Rescue Department is applying for a Fire Act Grant requesting funding to purchase new All Terrain Vehicles (ATV's) and associated EMS equipment for the Fire-Rescue Department. The total cost of these vehicles and equipment is estimated to be $108,934.00. FUNDING SOURCE The grant would provide $87,148 (80%} if we receive it. The City of Delray Beach would need to identify match funding of $21,786 (20%) if the grant is awarded. RECOMMENDATION Staff recommends approval of the Fire Act Grant Application for FY 2007/2008. [ITM OF DELRiIY BEf1[H FIRE-RESCUE DEPARTMENT sER,~Ir~G r..El_~AY ~EacN t.,l~~l._= sT~EAr~~ • HIGHLAND SE,ACH DELRAY BEACH All-America City 'I ~MORANDUM 1993 2001 TO: David T. Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: Apri130, 2007 SUBJECT: Fire Act Grant As you know the Fire-Rescue Department is applying for a Fire Act Grant requesting funding to purchase new All Terrain Vehicles (ATV's) and associated EMS equipment for the Fire-Rescue Department. The proposal would allow us to provide consistent staffing and response capability at the many Special Events conducted each year in the City of Delray Beach. The total cost of these vehicles and equipment is estimated to be $108,934.00 and the grant would provide $87,148 (80%) if we receive it. The City of Delray Beach would need to identify match funding of $21,786 (20%) if the grant is awarded. An Agenda Request along with a copy of the grant application is included for your review and consideration. Thank you for your attention in this matter. ~~ Richard Ackerman Acting Assistant Fire Chief RA/cls Attachments: 2 FIRE-RESCUE DEPARTMENT HEADQUARTERS • 501 WEST ATLANTIC AVENUE •DELRAY BEACH, FLORIDA 33444-2555 (561) 243-7400 • FAX (561) 243-7461 Printed on Recycled Paper '~.reparez Information Overview Page 1 of 1 Did you attend one of the workshops conducted by DHS's regional fire program specialist? No, I have not attended workshop *Are you a member, or are you currently involved in the management, of the fire department or non- affiliated EMS organization applying for this grant with this application? Yes, I am amember/officer of this applicant If you are a grant writer or otherwise not affiliated with this applicant, please complete the information below. If you are amember/officer of this applicant, please do not complete the information requested below. After you are finished press the Save and Continue button below. Preparer Information * Preparer's Name * Address 1 Address 2 * City * State * Zip https://portal.fema.gov/firegrant/jsp/fire2007/application/new_overview.j sp?view=print&print=true&ap... 4/18/2007 Fire Department Characteristics (Part I) ' Department Characteristics (Part I) Page 1 of 1 * Are you a member of a Federal Fire Department or contracted by the Federal government and solely responsible No for suppression of fires on Federal property? * What kind of organization do you represent? All Paid/Career If you answered combination, above, what is the percentage % of career members in your organization? If you answered volunteer or combination or paid on-call, how many of your volunteer Firefighters are paid members from another career department? * What type of community does your organization serve? Urban * What is the square mileage of your first-due response area? 17 * What percentage of your response area is protected by 100 hydrants? * In what county/parish is your organization physically located? If you have more than one station, in what Palm Beach county/parish is your main station located? * Does your organization protect critical infrastructure of the Yes state? * How much of yourjurisdiction's land use is for agriculture, 1 % wild land, open space, or undeveloped properties? * What percentage of your jurisdiction's land use is for 22 commercial, industrial, or institutional purposes? * What percentage of your jurisdiction's land is used for 77 residential purposes? * How many occupied structures (commercial, industrial residential, or institutional) in your jurisdiction are more than 137 four stories tall? * What is the permanent resident population of your 6898$ Primary/First=Due Response Area or~urisdiction served? * How many active firefighters does your department have 145 who perform firefighting duties? * How many stations are in your organization? 6 * Do you currently report to the National Fire Incident Yes Reporting System (NFIRS)? If you answered yes above, please enter your FDIN/FDID 06172 * What services does your organization provide? Structural Fire Suppression Wildland Fire Suppression Medical First Response Basic Life Support Advanced Life Support Hazmat Operational Level Hazmat Technical Level Rescue Operational Level Rescue Technical Level https://portal.fema.goy/firegrant/jsp/fire2007/application/gen_ques.jsp?view=print&print=true&app nu... 4/18/2007 ~epartn(>lent Characteristics (Part II) Page 1 of 1 ' Department Characteristics (Part II) 2006 * What is the total number offire-related civilian fatalities in your jurisdiction over the last three years? What is the total number of fire-related civilian injuries in your jurisdiction over the last three years? • What is the total number of line of duty member fatalities in your jurisdiction over the last three years? 'What is the total number of line of duty member injuries in your jurisdiction over the last three years? Over the last three years, what was your organization's average TOTAL operating budget? What percentage of your TOTAL budget is dedicated to personnel costs (salary, overtime and fringe benefits)? • What percentage of your annual operating budget is derived from: Enter numbers only, percentages must sum up to 100% Taxes? Grants? Donations? Fund drives? Fee for Service? Other? If you entered a value into Other field (other than 0), please explain 0 4 0 13 19216796 84 78 1% 0% 0% 21 0% 2005 2004 3 1 3 8 0 0 22 13 • How many vehicles does your organization have in each of the types or class of vehicle listed below? You must include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under contract for purchase or lease by your organization but not yet in your possession. Enter numbers only and enter 0 if you do not have any of the vehicles below. Type or Class of Vehicle Total Number Total Number of Engines (or Pumpers): Riding Positions Pumper, Pumper/Tanker, Rescue/Pumper, Foam Pumper, CAFS Pumper, Quint (Aerial device 6 30 of less than 76 feet), Type I, Type II, Type III Engine Tankers: Tanker, Tender, Foam Tanker/Tender (greater than 1,250 gallon tank capacity) 1 2 Aerial Apparatus: Aerial Ladder Truck, Telescoping, Articulating, Ladder Towers, Platform, Tiller Ladder Truck, 3 15 Quint (Aerial device of 76 feet or greater) Brush/Quick attack Brush Truck, Patrol Unit (Pick up w/ Skid Unit), Quick Attack Unit, Mini-Pumper, Type IV, Type 1 2 V, Type VI Engine Rescue Vehicles: Rescue Squad, Rescue (Light, Medium, Heavy), Technical Rescue Vehicle, Hazardous 10 20 Materials Unit Other: EMS Chase Vehicle, Air/Light Unit, Rehab Units, Bomb Unit, Technical Support (Command, Operational SupportlSupply), Hose Tender, Salvage Truck, ARFF (Aircraft Rescue 4 10 Firefighting), CommandlMobile Communications Vehicle, Fire Boats (more than 13 feet long), Other Vehicle https://portal.fema.gov/firegrant/jsp/fire2007/application/org_char.jsp?view=print&print=true&app num... 4/18/2007 Department Call Volume Page 1 of 1 ' Department Call Volume 2006 2005 2004 'HOW many reSponS@S per year by Category? (Enter whole numbers only. If you have no calls for any of the categories, enter 0) Working Structural Fires 60 51 75 False Alarms/Good Intent Calls 947 1070 991 Vehicle Fires 54 60 75 Vegetation Fires 32 34 54 EMS-BLS Response Calls 969 896 974 EMS-ALS Response Calls 8722 8612 8767 EMS-BLS Scheduled Transports 0 0 0 EMS-ALS Scheduled Transports 0 0 0 Vehicle Accidents w/o Extrication 0 0 0 Vehicle Extrications 0 0 0 Other Rescue 133 172 104 Hazardous Condition/Materials Calls 195 342 412 Service Calls 502 466 558 Other Calls and Incidents 49 66 47 Total 11663 11769 12057 What is the total acreage of all vegetation fires? 4 5 10 Please indicate the number of times your department provides or receives mutual aid. Do not include first-due responses claimed above. In a particular year, how many times does your organization receive 7 17 12 mutual/automatic aid? In a particular year, how many times does your organization provide 10 24 17 mutual/automatic aid? https:l/portal.fema. gov/firegrant/j sp/fire2007/application/response. sp?view~rint&print=true&app_num... 4/ 18/2007 Request Information Request Information Page 1 of 1 • 1. Select a program for which you are applying. If you are interested in applying under both Vehicle Acquisition and Operations and Safety, andlor regional application you will need to submit separate applications. (If you modify your selection, you will lose data entered under the original activity.) Program Name Operations and Safety 2. Will this grant benefit more than one organization? Yes If you answered Yes to Question 2 above, please explain. We will allow this equipment to be borrowed by our neighboring communities and other City Departments such as the municipal Police Department and Public Works. * 3. Enter Grant-writing fee associated with the preparation of this request. Enter 0 if there is no fee. $0 https://portal.fema.gov/firegrant/j sp/fire2007/application/requestdetails/requestlnfo.j sp?print=true&view... 4/18/2007 Request.Details Page 1 of 1 Request Details The activities for program Operations and Safety are listed in the table below. Activity Number of Entries Total Cost Equipment 4 $ 108,934 Modify Facilities 0 $ 0 Personal Protective Equipment 0 $ 0 Training 0 $ 0 Wellness and Fitness Programs 0 $ 0 Grant-writing fee associated with the preparation of this request. Additional Funding Action $ 0 View Details View Additional Fundino $ 0 View Details $ 0 View Details View Additional Funding $ 0 View Details $ 0 View Details $0 https://portal.fema.gov/firegrant/j sp/fire2007/application/requestdetails/activitySummary.j sp?print=true... 4/18/2007 Proj Details Request Details Page 1 of 1 Equipment Item All-Terrain Vehicles Defibrillator/Monitor Stretchers, Backboards, Splints, etc. ALS Airway Equipment Number of units Cost per unit Total Cost Action 2 $ 21,597 $ 43,194 View Details 2 $ 26,184 $ 52,368 View Details 2 $ 3,926 $ 7,852 View Details 2 $ 2,760 $ 5,520 View Details https://portal. fema.gov/firegrant/j sp/fire2007/application/requestdetails/activityDetails. j sp?categoryCode... 4/ 18/2007 Equipment View Equipment Page 1 of 1 Equipment Details *1. What equipment will your organization purchase with this grant? All-Terrain Vehicles Please provide further description of the item selected above or if you selected Other above, please specify. *2. Number of units 2 (whole number only) "3. Cost per unit $ 21597 (whole dollar amounts only) *4. Generally the equipment purchased under this grant program is: The equipment will replace old, obsolete, or substandard equipment currently owned by your organization If you selected "replacing equipment" (from Q4) above, please specify the age Over 5 Years of equipment in years. *5. Generally the equipment purchased under this grant program: Bring us into state or local compliance *6. Does this equipment provide a health and safety benefit to the members of your organization? If yes, please fully explain in the narrative section. ''7. Will the item requested benefit other organizations or otherwise be available for use by other organizations? If you answered Yes in the question above, please explain: *8. Will this equipment be used for wildland firefighting purposes? *9. Is your department trained in the proper use of the new equipment being purchased with grant funds? If not, will you be asking for training funds for this purpose with this application? Yes Yes We have allowed other cities in this area to borrow the existing vehicles that these new units will replace. The City of Ft. Lauderdale has used one of our vehicles at its annual Air and Sea Show; and the City of West Palm Beach has borrowed one for use at their Sun- Fest event. Yes Yes No https://portal.fema.gov/firegrant/j sp/fire2007/application/requestdetails/equipmentload. do?categoryCode... 4/18/2007 Equipment View Equipment Page 1 of 1 Equipment Details *1. What equipment will your organization purchase with this grant? Defibrillator/Monitor Please provide further description of the item selected above or if you selected We will purchase two (2) cardiac Other above, please specify. defibrillator/monitors to match our exisitng equipment. `2. Number of units 2 (whole number only) *3. Cost per unit $ 26184 (whole dollar amounts only) "4. Generally the equipment purchased under this grant program is: The equipment will increase your organization's available supply of this equipment to meet basic mission If you selected "replacing equipment" (from Q4) above, please specify the age Select Age of equipment in years. "5. Generally the equipment purchased under this grant program: Bring us into state or local compliance '6. Does this equipment provide a health and safety benefit to the members of Yes your organization? If yes, please fully explain in the narrative section. *7. Will the item requested benefit other organizations or otherwise be Yes available for use by other organizations? If you answered Yes in the question above, please explain: *8. Will this equipment be used for wildland firefighting purposes? ~9. Is your department trained in the proper use of the new equipment being purchased with grant funds? If not, will you be asking for training funds for this purpose with this application? We will provide this equipment to any agency that borrows our ATV. No Yes No https://portal. fema. gov/firegrant/j sp/fire2007/application/requestdetails/equipmentload.do?categoryCode... 4/ 18/2007 $quipment View Equipment Page 1 of 1 Equipment Details *1. What equipment will your organization purchase with this grant? Stretchers, Backboards, Splints, etc. Please provide further description of the item selected above or if you selected Two (2) ambulance stretchers with 650 lbs. Other above, please specify. capacity. *2. Number of units 2 (whole number only) *3. Cost per unit $ 3926 (whole dollar amounts only) *4. Generally the equipment purchased under this grant program is: The equipment will increase your organization's available supply of this equipment to meet basic mission If you selected "replacing equipment" (from Q4) above, please specify the age Select Age of equipment in years. '`5. Generally the equipment purchased under this grant program: Bring us into state or local compliance "6. Does this equipment provide a health and safety benefit to the members of Yes your organization? If yes, please fully explain in the narrative section. *7. Will the item requested benefit other organizations or otherwise be available for use by other organizations? If you answered Yes in the question above, please explain: '8. Will this equipment be used for wildland firefighting purposes? *9. Is your department trained in the proper use of the new equipment being purchased with grant funds? If not, will you be asking for training funds for this purpose with this application? Yes This will be available with the ATV for use by other fire-rescue departments in our area. No Yes No https://portal.fema.gov/firegrant/j sp/fire2007/application/requestdetails/equipmentload. do?categoryCode... 4/18/2007 Equipment View Equipment Page 1 of 1 Equipment Details *1. What equipment will your organization purchase with this grant? Please provide further description of the item selected above or if you selected Other above, please specify. *2. Number of units '`3. Cost per unit '`4. Generally the equipment purchased under this grant program is: ALS Airway Equipment We are seeking funding to purchase two (2} emergency transport ventilators. 2 (whole number only) 2760 (whole dollar amounts only) The equipment will increase your organization's available supply of this equipment to meet basic mission If you selected "replacing equipment" (from Q4) above, please specify the age Select Age of equipment in years. '`5. Generally the equipment purchased under this grant program: Bring us into state or local compliance "6. Does this equipment provide a health and safety benefit to the members of your organization? If yes, please fully explain in the narrative section. *7. Will the item requested benefit other organizations or otherwise be available for use by other organizations? If you answered Yes in the question above, please explain: *8. Will this equipment be used for wildland firefighting purposes? *9. Is your department trained in the proper use of the new equipment being purchased with grant funds? If not, will you be asking for training funds for this purpose with this application? A ~losWiow I ~f~aAPF Y•~:. Y"i3F~ Yes Yes We would provide this equipment to any agency that borrows our ATV No Yes No https://portal. fema.gov/firegrant/j sp/fire2007/application/requestdetails/equipmentload.do?categoryCode... 4/ 18/2007 $udget . Page 1 of 1 Budget Budget Obiect Class a. Personnel $ 0 b. Fringe Benefits $ 0 c. Travel $ 0 d. Equipment $ 108,934 e. Supplies $ 0 f. Contractual $ 0 g. Construction $ p h. Other $ p i. Indirect Charges $ p Federal and Applicant Share Federal Share $ 87,148 Applicant Share $ 21,786 Federal Rate Sharing (%) 80/20 " NOn=F2der81_ReSOUf C2S (The combined Non-Federal Resources must equal the Applicant Share of $ 21,786} - a. Applicant $ 21786 b. State $ 0 c. Local $ p d. Other Sources $ 0 If you entered a value in Other Sources other than zero (0}, include your explanation below. You can use this space to provide information on the project, cost share match, or if you have an indirect cost agreement with a federal agency. Total Budget $ 108,934 http s : //portal. fema. gov/firegrant/j sp/fire2007/application/budget total. j sp?view=print&print=true&app_... 4/ 18/2007 Narrative Statement Page 1 of 2 Narrative Statement Project Description * Please indicate which of these Target Capabilities your request outlined in this application will satisfy. Check all that apply: Responder Safety and Health Firefighting Operations/Support Emergency Medical Services * Please provide your narrative statement in the space provided below. Include in your narrative, details regarding (1) your project's description and budget, (2) your organization's financial need, (3) the benefit to be derived from the cost of your project, and (4) how the activities requested in your application will help your organization's daily operations and how this grant will protect life and property. Project Description: The ability to provide rapid emergency medical services {EMS) to a large crowd at a Special Event is not always easily achieved without providing on-site first response vehicles and personnel dedicated solely to the event. Many times events of this nature make a timely response with full-size fire rescue apparatus nearly impossible because of limited access for traditional vehicles. This project will provide funding to replace our existing special event response vehicles and purchase additional equipment for the vehicles so that we would not have to remove it from our reserve apparatus. Our present mission-critical special event response vehicles are over 5 years old and no longer meet the needs we have recently experienced with a significant increase in the number of these events in our community. Bottom line, our current equipment is unreliable and its failure could result in a delayed response to an emergency incident. We are requesting $87,148.00 (Federal Share) to purchase two (2) All Terrain Vehicles (AN's) that are customized for use as an emergency response and short distance patient transport vehicle. We will also purchase a stretcher, defibrillator/monitor, and emergency transport ventilator for each ATV. The City of Delray Beach Fire-Rescue Department is committed to purchasing all other supplies and equipment needed for these vehicles from our operating budget. Financial Need: The $108,934.00 total cost for this equipment significantly exceeds the Delray Beach Fire-Rescue Department's capital equipment budget, which has been approximately $60,000 per year for the past ten (10) years and is not expected to increase in the next three to five years. If we were to try to fund this equipment improvement from our budget, it would take a minimum of five years to purchase it. Dedicating our entire capital equipment budget to this project would also require us to postpone indefinitely much-needed replacement of some of our self-contained breathing apparatus and vehicle extrication equipment that is nearly 15 years old. The section (Department Characteristics -Part II) of this grant application that requested information about the funding sources of our annual operating budget included an option for revenue generated by fees for services. At this time, EMS transport fees and inter-governmental contract services to smaller communities outside of our city limits fund 21 % of our budget. With a-most one-quarter of our funding from these somewhat fixed income sources, it is even more difficult to generate additional money to pay for these needed capital equipment improvements. Additionally, a high percentage of our elderly population is also on a fixed income and the option of raising taxes to pay for this equipment is also severely limited. We are also facing an impending legislative initiative on property taxes here in Florida that would have a significant impact on our operating budget. Cost/Benefit: Over the past several years, the City of Delray Beach has been hosting an ever increasing number of Special Events. Several of these events are held in an urban, congested area where several streets are closed to vehicular traffic with thousands of pedestrians and hundreds of merchandise display booths filling the streets and sidewalks. Our Fire-Rescue Department provides on-site first response Advanced Life Support (ALS) EMS at over 25 of these events annually. One of these events is spread out over two miles of our main street with over 600 booths located within one block north and south of the street. The three-day event draws over 250,000 people and runs eight hours each day. We also have an annual 4th of July festival with fireworks on our municipal beach that attracts over 40,000 attendees. Additionally, our municipal tennis stadium which has a capacity of 8,000 is host to many major tennis tournaments including Davis Cup events as well as boxing matches, concerts, and most recently arena football. https://portal.fema. gov/firegrant/j sp/fire2007/application/narrative.j sp?view=print&print=true&app_num... 4/18/2007 Narrative Statement Page 2 of 2 The ATV's and equipment that we want to purchase with these grant funds would be assigned to all of these events as well as being used on a daily basis for response to emergency incidents that occur on our municipal beach that is four (4) miles long. These vehicles and associated equipment will provide a health and safety benefit to our personnel by reducing the risk of a back injury from moving a patient over a long distance through a large crowd thereby reducing health care costs. This program would be beneficial to the community and the department by increasing the effectiveness of our response capability and improving emergency personnel safety. Statement of Effect: This project will provide our fire-rescue department with a reliable means of responding to emergency incidents in these congested Special Event areas and the ability to reach a patient more quickly. It will allow us to provide extensive ALS assessments and treatments, including electrocardiogram diagnostic monitoring and electrical intervention capabilities to patients suffering a cardiac crises and other potentially life threatening illness and injuries. With the annual attendance at these events collectively approaching almost 2.5 million visitors and the fact that several downtown area streets are closed to vehicular traffic, the need for these ALS equipped vehicles is clearly evident. This type of vehicle has been shown to be an effective means of delivering timely medical care at these events. We feel that we are the type of Department that the Fire Act is supposed to help. The demands on our department are increasing disproportionately to our tax revenues and we have done everything within our power to generate other sources of income. We appreciate your support and would like to express our gratitude for the opportunities the grant program provides. * Please describe all grants that you have received from DHS including any AFG grants received from DHS or FEMA, for example, 2002 AFG grant for vehicle or 2003 ODP grant for exercises. (Enter "N/A" if Not Applicable) 2005 AFG grant for equipment 2002 AFG grant for equipment https://portal. fema. gov/firegrant/j sp/fire2007/application/narrative.j sp?view=print&print=true&app_num.... 4/ 18/2007 Assurances and Certifications Assurances and Certifications Page 1 of 6 Form 20-16A You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Assurances Non-Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. https://portal.fema.gov/firegrant/j sp/fire2007/application/assurances_forms_combined.] sp?view=print&p... 4/18/2007 Assurances and Certifications Page 2 of 6 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Sections 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non- profit organizations. Signed by Danielle Connor on 04/18/2007 https://portal.fema.gov/firegrant/j sp/fire2007/application/assurances_forms_combined.] sp?view=-print&p... 4/ 18/2007 Assurances and Certifications Page 3 of 6 Form 20.16C You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an * are required. Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug-Free Workplace Requirements. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 44 CFR Part 17, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Homeland Security (DHS) determines to award the covered transaction, grant, or cooperative agreement. 1. Lobbying A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons (entering) into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s)) and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within athree-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and (d) Have not within athree-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees other than individuals) hrtnc•//n~rtat fPma.aw/firegrant/isn/fire2007/application/assurances forms_combined.jsp?view=print&p... 4/18/2007 Assurances and Certifications Page 4 of 6 As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A) The applicant certifies that it will continue to provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable DHS awarding office, i.e. regional office or DHS office. (f) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b}, (c), (d), (e), and (f). (B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street City State Zip Action If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a Statewide certification. httns: //nortal.fema. nov/fire~rant/i sp/fire2007/application/assurances_forms_combined. j sp?view=print&p... 4/ 18/2007 Assurances and Certifications Signed by Danielle Connor on 04/18/2007 Page 5 of 6 https://portal.fema. gov/firegrant/j sp/fire2007/application/assurances_forms_combined.j sp?view=print&p... 4/ 18/2007 l~ssurarrces and Certifications FEMA Standard Form LLL Page 6 of 6 Only complete if applying for a grant for more than $100,000 and have lobbying activities. See Form 20-16C for lobbying activities definition. This form is not applicable https://vortal.fema. gov/fire~rant/j sp/fire2007/application/assurances_forms_combined. j sp?view=print&p... 4/ 18/2007 ~. Apr 16 Q7 11:18a Kerry Woods M & W DISTRIBUTING INC P.O. BOX 209 ELLSWORTH, KS 67439 USA Quoted to: I'iELRAY BEACH FIRE-RESCUE DEPT 501 WEST ATLANTIC AVE LiEL1iAY BEACH, FL 33 4 9 4 C~uotation Quote Number: 120 Quote Date: Apr 12, 2007 Page: 1 Customer ID Good Thru I Payment Terms ~ Sales Rep 33499 7!12/07 DESCRIBED BELOW i -. --~ --~---~--- ... ... .----- ~----~--- --. --. . - --- -------~ .. Q ~ uanti Item Description ... . Unit Price Ex - -._.. tension 1_•001 UBOTA i+IITH HYDRAULIC BED LIFT 11,800.0. 11,800.0 i 1 _OOk 7E AL BED LUP9INUM FLAT BED 1 , 605.00 1 , 605.00 1.00, 7E 22" bOX 2" SIDE OPEN BOX 1,246.00 1,246.00 1.00 E COT FDP.P TRETCHER MOUNT WITH EXTECdSI0i1 802.00 802.00 OR FLAB BED 1 .00 E ATT SEF.T TTENDANT SEAT WITH STORAGE 949. 00 949, OOI OMPARTMENT 1.00 E CAN OPY ANOPY 2,9?5.00 2,475.OOI 1_00 E DF BGX FART MONITOR BOX 995.00 495.OU. I 1.00 E REA R STEP EAR STEP MOUNT 225.00 225.00; ' 1.00 SHIPPING (APPRCXIMATEJ 2,000.00 ' 2,000.00 OE DOWN IS REQUIRED AT ^_IME OF RDER WITH A VALID PURCHASE OP.DER. EMP.INDER IS DUE ON RECEIP^_ ALL KERRY ~~'OOC•S @ 785-4?2-3683 F `lOU HAVE QUESTIONS 785-472-4113 p.3 Subtotal I zl, 597 • oD i Sales Tax Freight Total ' 21,597. oo ice- ~~~,~ ~~/~ra/n~'a"l'n~g~R~swdltatlon. Tod~yr." Imo" a~s..+.. +~., . TO: City of Delray Beach 501 West Atlantic Avenue Delray Beach, FL 33444 Attn: Robert Moret~nd Division Chief Tel: 561-243-7442 etllail: more{andB2ci.delrav-beach.fl.us ~G C~•.--dam ZOLL Medical Corporation Worldwide Headquarters 269 Mill Road Chelmsford, Massachusetts 01824-4105 (978) 421-9655 Main (800) 348-9011• (978) 421-0015 Tefefax QUOTATION oaTE: March 13, 2007 TERMS: Net 30 Days Foe: Shipping Point i t ~~ .~ ~. ' ~ ~°fVJ~3'fatT "'NIC f3tw~ ~' t^z ~ . s : ._ .. -„ K '~,"~ESF",IiIPTI~tt"~~`~~x~:.;~`~'.'.:.:~~' . ~~~i`Yi~; >a-'Elul"EsP1~1C~'" ~ISC~>'P331,rs£..~' ""r~?S',F,iCK1.~F.~R,IGiwd 1 5 0 2 0 1 7 3 0 0 2 0 1 2 4 0 1 ,3 E Series ACLS Manual with Advisory capability, AC Power, 1 $24,685.00 $19,748.00 $19,748.00 E Series ACLS Printer, Protocol Assist Code Markers, GPS Clock Auto Sync, SP02 (comes wifh EtC02 port) wifh reusable sensor and 4' cable, NIBP with Adult Plus cuff and hose; 12-lead with 1-step patient cable, Integrated Bluetoofh and Noninvasive Pacing ' Includes: TriMode Display, 3-Lead ECG patient cable, universal cable, RS232 data trahsfer port, ftolt Cage and Rapid Cable Deployment System or Ruaoed SoftPack Carrv ase, AC power coal, 12" AC extension power cord, one package of recorder paper, two PCNfCIA slots, and ' • Operator's Manual. Standard One Year EMS Warranty 2 8000-0312 E Series Only CAPNO 5 Mainstream C02 Sensor and 1 $4,500,00 $3,600.00 $3,600.00 Cable 3 8050-0030-01 SurePowerT" Charging Station (4 bay capacity) 1 $2,.195.00 $1;756.00 $1,756.00 4 8019-0535-01 SurePowerTM Rechargeable Lithium Ion Battery for E Serie 3 $450.00 $360.00 $1,080.00 Optional 5 8778-2004 MSerieslE Series 4 Yr. New Purchase Warranty-1PM $3,420.00 $3,420.00 Includes: *4 Year Extended Warranty, *1 PM per defibriNator for 4 Years, *Battery replacement, one for one, throughout the Extended Warranty period, on an as needed basis, if battery fails the charger test or battery is 18 months or older, *Maximurtl of 4 batteries per defibrillator, *Additional batteries can be purchased at a 50% off list price. 'Reflects discount pricing . All discounts off List Price era contingentvpon pa mentwithin a reed upon terms. ...._ ~__._ ....... ................. ... ~,.~..., o,,,,,,..,,,, ,.,,,,,,,,~,~,a, ~nrrns ann wnamonstcuL~ i s+vsf which accompany this quote. Any purchase order (P.O.) Issued in response to this quotation will be deemed to incorporate ZOLL T's+C's. Any modification of the ZOLL T's+C's muat be sat forth or referenced In the customer's P.O."No commercial terms or conditions shalt app!} to the sale of goods or eervicea governed by this quote and the customer's A.O, unless set forth or referenced by either document. i. DELIVERY WILL.BE MADE 60-90 DAYS AFTER RECEIPT OF ACCEPTED PURCHASE ORDER. 2. PRICES WILL BE F,O.B. SNIPPING POINT, 3, WARRANTY PERIOD (See above and reverse side). 4. PRICES QUOTED ARE FIRM FOR 60 DAYS. 5. APPLICABLE TAX ffi FREIGHT CHARGES ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. .7. PURCHASE ORDERS TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-D015. TOTAL $zs,~ sa.oo Kurt Sterzelbach/ec Territory Manager 800-242-9150, x9576 Date: 04/30/07 .•~l~, Request to be placed on: _X Consent Agenda When: 05 /01/07 AGENDA ITEM NUMBER: y AGENDA REQUEST Regular Agenda Workshop Agenda Special Agenda Description of agenda item (who, what, where, how much): Approval of Fire Act Grant application in the amount of $87,148.00. If the grant is awarded to the City, our match will be $21,786.00, and we will be requesting this amount in our Fiscal Year 2007-08 budget request. Recommendation: Approve Fire Act Grant Application. Department H Signature: 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: City Manager Review: Approved for Agenda: es / No Initials: Hold Until: Agenda Coordinator Review: (if applicable) Received: MEMORANDUM TO: Mayor and City Commissioners FROM: lug' Robert A. Barcinski, Assistant City Manager THROUGH: City Manager DATE: April 30, 2007 SUBJECT: AGENDA ITEM # 1-K~ SPECIAL/WORKSHOP MEETING OF MAY 8.2007 SPECIAL EVENT REQUEST/HAITIAN FLAG DAY ITEM BEFORE COMMISSION City Commission is requested to endorse the Haitian Flag Day Celebration sponsored by Toussaint L'Ouverture High School on May 18, 2007 from 3:00 p.m. until 8:00 p.m. Commission is requested to authorize use and set up of the small City stage, authorize. staff support for security and traffic control, trash removal and clean up and to provide financial assistance. BACKGROUND Attached are a letter request, special event permit, budget, site plan, schedule and Certificate of Insurance received from Joseph Bernadel for this event. The event will be held on Friday, May 18, 2007 from 3:00 p.m. to 8:00 p.m., in the parking lot adjacent to the school site. Activities include speakers, art auction, photo display and entertainment. Barricades would be provided by the City and set up by the event sponsor. The stage set up would be done on regular time on Friday and picked up Saturday, by the Saturday Parks and Recreation crew. Estimated overtime costs for this event are $2,150 with stage rental costs at $535 for a total of $2,685. Per event policies and procedures there would be no charge for City services. Mr. Bernadel did not indicate the amount of financing he is requesting, but as of this date he indicated no revenue source to offset costs. The only possible funding source available might be the City Manager's contingency or unappropriated fund balance. RECOMMENDATION Staff recommends approval of the event, providing staff assistance for security and traffic control, small stage set up and removal, trash removal and clean up. Due to lack of funding, staff is not recommending financial assistance. Approval would be contingent on the sponsor providing a Hold Harmless Agreement. RAB/db Attachment U:\wwdata\EventsU-Iaitian Flag Day\Agenda Item re Haitian Flag Day May 18, 2007.doc '£z ~~ ~~~~ ~~~ Toussaint L'Ouverture High School ApR 1 ~` 2007 „~ n~.: ` _"_e ~ .~ ~ for Arts & Social Justice ADMINISTR,~TIVE ~FRVir.Fc April 17, 2007 Delray Beach City Hall Attn: Robert Barcinski Assistant City Manager 100 NW 1st Ave. Delray Beach, FL 33444 Dear Mr. Barcinski: Toussaint L'Ouverture High School for Art's and Social Justice (TLHS) is organizing an event to celebrate Haitian Flag Day in Delray Beach on Friday the" 18th of May 2007 from 3:00 PM -8:00 PM. The event will take place on the school grounds in the Delray Square shopping plaza located at 14610 Military Trail. Part of the parking lot adjacent to our school building will be closed to vehicular traffic with approval by the Delray Square Plaza management. This event is to celebrate the Haitian Community of Delray Beach, to honor their cultural traditions, and to promote unity among all residents of our city. We are writing to invite the Mayor, the City Commissioners', and City Hall Staff Members to participate in this un- precedented event. We are requesting your support and assistance with the following: • Financial Assistance to cover the cost of hosting this event. (Our projected cost now stands close to $5000.00.) • Delray Beach Police presence for traffic and crowd control • City mobile stage for cultural and artistic performances. Several Federal, State, and Local elected officials have been invited as guest speakers and have confirmed attendance for the Haitian Flag Day Event. We would like to have Mayor Rita Ellis as our Key Note speaker if her schedule allows. We will provide you a copy of our event budget if required. We look forward to your favorable consideration of our request. I may be reached by done at 561-667-9479 or 561.495-9991, or by email at JBernadelTLHS@aol.com. Sincerely, J eph M. Be adel Major US Army (Ret.) Chief Operating Officer School Address: Mailing Address: TEL: (561) 495-9991 14610 Military Trail # G-1 777. E. Atlantic Ave. # 242 FAX: (561) 495-1877 Delray Beach, FL 33484 Delray Beach, FL 33483 WEB: www.toussaintlouverture.org E-Mail: info@toussaintlouverture.org DELRAY BEACH City of Delray Beach Special Event Permit ; ~-~ i Application ,t:. PLEASE PRINT ' ~~~ :tool Event Approved/Denied Date of Approval/Denial ApprovedlDenied by Title 1. Event Name/Title: 2. Event Date(s): ~l ~~ i ~~+-~! i'L ~~ M~4-~ ~Z~~7 .~- Event Time(s): 3 ~,~ ~-- ~~ ~ ~M 3. Event Sponsor/Producer: l G 1.iSS~~N~ 4. Event Contact/Coordinator: ~ u 5. Address: ~ ~ 6/ k i~ ~ ~ 2 6. Telephone Number: ~ 7. E-mail Address: Lct,c,~e~-e.~~~«!LT 8. Event Description: ' fi:~~~p- ~~i = c;N~~ ~'/G-`~.rT /S c'~,N~= 4~~ b'1,4-~Ya'' JCL ~- ~~ ~+M-'P~'t.~Ni7zf %~~ Lr~r~N 1 (If neighborhood block party, then please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) City ~NOn-Profit/Charitable E1 Private ^ Co- Sponsor -Non-Profit/Private ^ (If Non-profit attach proof of 501c(3), c{4), c(6), c(10) or c(19)) 10. Event Location/Address: S~, ~ ~ r IZ D~LR-ate ~,~ , E~}-~rl- `~ "3 ~. ~T_ Site~lan. attacb.~sl: yes no (Site plan required for entire event site) ~- 12. Event budget attached: yes / no (Required for all events) 13. Serving or selling alcoholic beverages: yes no / (!f yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) °~ 14. Event certificate of insurance attached: yes / no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) 15. Playing of amplified music: yes :~/ no (Waiver required) 16. Requesting Police assistance: yes / no (Traffic control/security) Cellular Number: _ Zif S ~_ q..L~ ~ . C~ :~ 17. Will supplement with private security: yes ~/ no (lf yes, need plan attached) 18. Requesting Emergency Medical assistance: yes no_~ 19. Requesting barricade assistance : yes no / 20. Requesting trash removal/clean up assistance: yes no ~/ 21. Requesting trash boxes and liners: yes no 22. Requesting stage use: yes no (If yes, check type) _ _____ ~ Large stage covered ^ Large stage no cover ^ Small stag Half small e u stage ^ / 23. Requesting signage : yes no . Type: Event sign 4'x4' Directional signs Banner hanging Indicate dates required (Waiver required if move than one (7) week prior to event) ~ 24. Food and beverage vendors: yes no , If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 25. Health Department approval: (see attached yes no 26. Other vendors: yes no~- 27. Tents: yes no (!f yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? ~ yes no (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? yes no (Show on-site map) 30. Will there be fireworks or other pyrotechnics? yes no / (lf yes, contact Fire Marshall) / 31. Will there be cooking with compressed gas? yes no , (If yes, contact Fire Marshall) /~ 32. Will you be providing port-a-lets for the event? yes no (If yes, locafe on-site map. if no, indicate how you will handle restroom needs) / 33. Will there be a charge for the event? yes no ~ (lf yes, indicate ticket prices) 34. Is reserved parking requested? yes no (If yes, indicate locations) 2 35. Is event sponsored by the Homeowner's Association? yes no (If nof, then individual(s) submitting permit application must also submit a petition signed by 57% of the homeowners who live on the block) • Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the event. Neighborhood Block Parties (Neighborhood block parties on1 Event Gontr torlC ordinator Date Please pr'nt: ~' Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. For Staff Use Only ' l r Date Received h~ / ~~a~ Application fee received $ ~~• ~ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval v ~ ~.4Rk~iNG. r .~ ,~ ~.; '~` ~. er .~ ar ~, x_ ~ _ ~ r~~~ ~~ ~v~~~ S~~:E •0' ~~1ot~~ ~.~ i 9 .~z'a^ -..- :T' ~3i ~: ,ai~(~'4.:. ~'. ~1 -. i _ ii .c"=' ~1.. ~ j'~~~,_ ~ -. ~ ~ ~ t „b tir . ~ ~ ~ 1 ~ ~~ ~:+i+{~+l+,iL~,q~i`s~s+ c~„i~.x.~H.` +~11,'.~.. ."i^ "~.. c ~~it Yp~ „-;h"N`4 ,. ~Cgr~v,¢L ~~~ ~ ~~~~~~s ~~ ~ ~ ~~ V ~.~y ~ W M~j ~ ~..3 •w ~ ~ A O i~ij .~ .~ O ~~ ~~x H ~q Yom! W .,~.~ O c. 0 0 0 o o ~---~ 0 0 0 ~ c+~ 0 0 0 o o c~i 0 0 0 g e~ 0 0 0 o ~ 0 0 c~ e-a 0 0 a~ ^-+ -~ 0 0 0 ~n e~ 0 0 0 o t~- U N Y .4 a O ^d ~i o a m ~ ~ d ~ d ~ ~ ~. o py o .+' d ~ -„ o . ~ r- ° °ti' ~ ~ ~ k ~ n ~ ~ :; -n ~ °o .~ a~ W ~ ~n i ~ ~ w c w ~ ~' W '+'~ a a o °' v ~ U ~ ~ iy ~ Fyy^ ~ k dd+ a w~ ~ .~ Y~ i ~ N . i'+ C" 1W ~ C ~ a N CC ~~, i a " ~ ~ ~ d ~ ~ ... . ~, A .~ ~ .~ d ~ ~ cn q ~, ~ ~, ~ ~ ~, ~ .s ue ~ a ~ ~ b ~ ~ ~ ~ ~ ~ ~ ~ ~ O v ".~ ti N Ri C ~ ~ w ~ a A cn to a x F+ 0 r.+ ~ ~ YY~~~y1 !G rl m 0 H HAITIAN FLAG DAY EVENT May 18, 2007 3:00-8:00 PM TLHS Campus 14610 S. Military Trail Delray Beach, Fl 33484 THIS IS A DRAFT ONLY-NOT FOR PUBLIC RELEASE Master of Ceremony: Jean Lexima Invocation: Reverend Joanna Gabriel of Unity Church of Delray Beach Anthems: • American National Anthem- TLHS Student • Haitian National Anthem- TLHS Student Introductions: • Joseph Bernadel; History of the Haitian Flag • Diane Allerdyce; The importance of education and the history of Toussaint L'Ouverture High School for Arts & Social Justice Speakers: • Commissioner Brenda Montague: Leadership and Community Building • TLHS Students' testimonials • Jean Lexima: The Importance of Institution Building • Attorney: Steven Wallace- Support of TLHS Haitian Business Leaders: • Leslie Jacques • Evelyn Pierre • Thomas Sanon Jules- Business Owner Key Note Speakers: • Leonard Joseph, E.D. PBC Democratic Party • Addie Greene, PBC County Commissioner • Ted Deutsch, FL State Senator • Rita Ellis, Mayor Delray Beach • Commissioner Brenda Montague: Proclaiming May as Haitian American Month • Ron Klein, U.S. Congressman • Robert Wexler, U.S. Congressman • Alcee Hastings, U.S. Congressman Presentation: • Presentation of "Social Justice Award" to: U.S. Congressman Ron Klein • TLHS Students Awards Auction of Students'Art: Live Auction Photo Exhibit Display: "Haitians of Florida :the Hope and the Future" Outdoor Festivities Rapper: Kreyol Konneksyon- Mecca aka Grimo Music Productions: Bernice- Musical organizer of Haitian Music- Haitian Jazz A documentary of Today's events is being made by: Rick Security for Today's celebration is provided by: City of Delray Beach and T.S. Jules Food for today's celebration is provided by: Saveur Tropicale and Fantasy Island Special Thanks to Organizers: Steve Wallace, Nicole Galante, Jean Lexima, Fritz Jean- Louis, Tele-Lakaye, The Voice Members. Students, faculty and Staff of TLHS, City of Delray Beach. Event Location: TOUSSAINT L"OUVERTURE HIGH SCHOOL 14610 S. MILITARY TRAIL DELRAY BEACH, FLORIDA 33484 561 495 9991 www.toussaintlouverture. org ACORD CERTIFICATE OF LIABILITY INSURANCE a~25i2oo ' w PRODUCER (305) 247-5121 , Fax (305) 249,8543 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION T,R, Jones & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATI; HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1790 North ICtome Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Homestead FL 33030 INSURERS AFFORDING COVERAGE NAIC M INSURED INSURERAL6X1n toll In8uranCe Toussaint Ir10uverture High 6chool for Arts b INSURERB:National Union Fire Ina Sooial Justice tNSURERC: 777 E, Atlantio Ave lF242 INSUREJiO: Delray Heath FL 33483 INSURER E: THE POLICIES OF INSURANCE LSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTfFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. GGREGA E Y HAVE BEEN ID CLAI INSR AbD` TYPE OF INSURANCE POLICV NUMBER POLICY EFFECTryE POLICY ExPIRATION GATE MNNODIYY OATS MMIDQIYY LIMlT3 GENERAILIABILTIY 41-LX-2925750-0 12/19/2006 12/19/2007 d'dl CE S 1,000,000 X OMMERCML GENERAL LIABILIYY DAMAGE T RENTED ~ Ea A QX a e CWMS MADE OCCUR M D EXP on rBOn $ Exoltld6d PERSO AL S 1, 000, 000 AGGREGATE E 3r000rOOO GEN'LAGGREGATELIMITAPPLIESPE2 PR S 3, 000, 000 X JECT LOC AUTOMOBILELIABN.ITY 41-LX-2825750-0 12/19/2006 12/192007 COMBINED SINGLE LIMIT ANY AUTO (ES atcidenl) S 1 , 000 ~ 000 A A4LOWNEDAUT03 BOOILYINJURY SCHEDULED AUTOB (Per PasoN 3 X NIREDAUTOS BODILY INJURY X NON-0YYNEOAUTOS lP~a~dan0 ; - PROPERTY DAMAGE . S lPe/ BCCiCen1) GARAG6I.IABIUTY AUT ONLY-EAACCI QNT S ANY AUTO OTHERTMAN ~$,l1CC AUTO ONLY: AG EKCESSIUMBRELLA LIABILITY S OCCUR ~ CLAIMS MADE EGATE i DEDUCTIBLE S S WORKERSCOMPENSATfONANp EMPLOYER ' i TATU• OTH• S UA9R.ITY ANYPROPRIETORIPARTNERIEXEGUiNE E.L. EACH CCIOEN7 i OFFK;ERIMEMBER EXCLUOED9 a ~ II E.L DISEASE - EA EMPLOYEE S ea be under Ya0. C PROM 1 NS Ni ASE-POLICY NJNT g OTHER pR01'ESSYONAL LIAR. 00966008 12/19/2006 12/19/2007 DESCIifPT10N OF OPERATN)NSRACAI'IONSNEMIClES1E7fCLUS10NS ADDED 6Y ENDOR3EMENTISPQgAL PROVISIONS 10 gay Notice of CancellaEiori >:e't Non-Payment of Pf:9mium . Subject to Policy Limits, fiprms Conditions and ExolU9ieria,; City of Delzay Beach is named ae an JLAdiYional Insured for General Liability, as respects the operations of the Named IneUICOQ; Ref: May 18th slag Day Event MOLDER City of Delray Beach 100 NW 1st Avenue Delrsy Beaoh, FL 33494 ACORD 26 6HOULD ANY OF THE ABOVE DESCRIBED POLICR~S BE CANCELLED BEFORE THE EIIPRWTION GATE THEREOF. THE ISSUING INSURER Wlll ENDEAVOR TO MAIL 1 O PAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEp TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OELIGATION OR LIA9ILITY OF ANY KIND UPON THE AUTHORU!Eb REPRESENTATNE Denise Morris Agt of Rec ®ACORO CORPORATION 7988 IN3025 SO108).Ope Pepe ~ az HUDSON EQUITIES MANAGEMENT CORP IIS CHRISTOPHER COLUMBUS DRIVE • aJERSEY CITY. NJ 07302 TEL. (201) 333-5900 FAx, i20b 333-1468 E'MgIL: EHASENFELD~HUDSONEO.COM VIA PDF and Email April 27, 2007 Diane Allerdyce, PhD. ChiefAcademic Offiicer/Co-Founder Toussaint L'Ouverture High School for Arts & Socia] Justice 777 E. Atlanic Ave. #Z-242 Delray Beach, FL 33483 Re: Closing To Traffic Dear Diane: This is to advise that we approve ofyour closing ofthe rear section (the section behind the budding) of Delray Square II to vehicular tratliic on May 18, 2007 from 3:00 PM unti18:00 PM. Good luck on your fundraiser. very truly yours, Hudson Equities Management Corp ~~ Ephraim Hasenfeld, President EH/pc L'd LL86-96ti-1.99 ae~~ay{ uaanu~ d81.~90 LO LZ adb'