Agenda Reg 07-25-00CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING
JULY 25. 2000 - 6:00 P.M.; PUBLIC HEARING 7:00 P.M.
COMMISSION CHAMBERS
~L~Y.B~.C~
1993
The City will furnish auxiliary aids and services to afford an
individual with a disability an opportunity to participate in and enjoy
the benefits of' a service, program, or activity conducted by the City.
Contact Doug R&ndolph 243-7127 (voice), or 243-7199 (TDD), 24 hours
prior to the event in order for the City to accommodate your request.
Adaptive listening devices are available for meetings in the Commission
Chambers.
RULES FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with
the order of presentation being as follows: City Staff, public
comments, Commission discussion and official action. City Commission
meetings are business meetings and the right to limit discussion rests
with the Commission. Generally, re~rks by an individual will be
llmited to three minutes or less. The Mayor or presiding officer has
discretion to adjust the amount of time allocated.
A. Public Hearings: Any citizen is entitled to speak on items
under this section.
B. Comments and Inquiries on Non-Agenda Items from the Public:
Any citizen is entitled to be heard concerning any matter within
the scope of jurisdiction of the Commission under this section.
The Commission may withhold comment or direct the City Manager to
take action on requests or comments.
C. Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the
Commission, citizens may speak on any official agenda item under
these sections.
2. SIGN IN SHEET: Prior to the start of the Commission Meeting,
individuals wishing to address public hearing or non-agendaed items
should sign in on the sheet located on the right side of the dais. If
you are not able to do so prior to the start of the meeting, you may
still address the Commission on an appropriate item. The primary
purpose of the sign-in sheet is to assist staff with record keeping.
Therefore, when you come up to the podium to speak, please complete the
sign-in sheet if you have not already done so.
3. ADDRESSING THE COMMISSION: At the appropriate time, please step up
to the podium and state your name and address for the record. All
comments must be addressed to the Commission as a body and not to
individuals. Any person making impertinent or slanderous remarks or who
becomes boisterous while addressing the Commission shall be barred by
the presiding officer from speaking further, unless permission to
continue or again address the Commission is granted by a majority vote
of the Commission members present.
APP~?J,ATE 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.
AGENDA
2.
3.
4.
5.
Roll Call.
Invocation.
Pledge of Allegiance to the Flag.
Agenda Approval.
Approval of Minutes=
Regular Meeting of June 20,
Regular Meeting of July 11,
Proclamations= None
Presentations~
2000
2000
A. Presentation by Perry DonFrancisco Delray Citizens
Delray Police Annual Scholarship Awards to Rod,rick
Julius Mitchell II
B. Human Resources Department Presentation
C. Planning Department Presentation
D. Presentation by Chuck Ridley on the community
concerning the Back Room
Consent Agenda: City Manager recommends approval.
A.
Co
for
Payne and
initiative
PARKINO MANAGEMENT ADVISORY BOARD STRATEGIC PLAN: Ratify the
prior consensus of the City Commission to formally adopt the
Parking Management Advisory Board's Strategic Plan.
FINAL PLAT APPROVAL/TENTH STREET COMMERCE PARK: Approve the
final boundary plat for Tenth Street Commerce Park, a proposed
light industrial development to be located on the south side
of S.W. 10th Street, just west of Wallace Drive.
ACCEPTANCE OF RIGHT-OF-WAY DEED/ROYAL PALM DRIVE: Accept a
right-of-way deed conveying to the City a 25 foot right-of-way
tract for Royal Palm Drive in association with the Tenth
Street Commerce Park plat. The right-of-way dedication is
Regular Commission Meeting
July 25, 2000
located immediately
Commerce Park site.
south of
and adjacent to the Tenth Street
FINAL PLAT APPROVAL/FESSLER ESTATES: Approve the final
subdivision plat for Fessler Estates, a proposed two lot
subdivision located 1,600 feet south of George Bush Boulevard
between Andrews Avenue and State Road A1A.
Eo
OFF-SITE PARKING AGREEMENT/SUN-DY ESTATES: Approve an off-site
parking agreement for Sundy Estates to provide for the use of
sixteen (16) parking spaces within the 20-space valet parking
lot located at the southeast corner of Swinton Avenue and S.E.
1st Street, directly across from the Sundy House.
Fo
ACCEPTANCE OF EASEMENT DEEDS/FOXE CHASE SUBDIVISION: Accept
two easement deeds which grant to the City a utility easement
along the south property line of Lot 8 and the north property
line of Lot 9 in the Foxe Chase subdivision located on the
south side of Old Germantown Road. The easements are
necessary for the installation and maintenance of a water main
extension to the subject properties.
Go
ACCEPTANCE OF EASEMENTS/WINTERPLACE A P.U.D.: Accept certain
utility easements dedicated to the City of Delray Beach on the
subdivision plat for Winterplace A P.U.D., a proposed 151 lot
residential subdivision to be located at the southeast corner
of Military and the LWDD Canal L-30. The subject property is
outside of the City limits, but is within the City's water and
sewer service area and has an approved water service agreement.
FIRST AMENDMENT TO INTERLOCAL AGREEMENT/WEED & SEED PROGRAM:
Approve the First Amendment to Interlocal Agreement between
the City and Palm Beach County for the Weed & Seed Program to
extend the agreement until September 30, 2001.
RESOLUTION NO. 51-00: Approve a resolution amending
Resolution No. 17-97 by amending the list of eligible
employees in Exhibit "A" and Exhibit "B" to include all
employees eligible for the City's 3% management match program,
and adopting the restated ICMA-RC Model Government Plan.
J. LEASE AGREEMENT WITH SOLID WASTE AUTHORITY/TRANSFER STATION:
Approve a new lease agreement between the City and the Solid
Waste Authority of Palm Beach County for the SWA's lease of
the transfer station property located between S.W. 4th Avenue
and the FEC Railroad, approximately 600 feet south of Linton
Boulevard.
RESOLUTION NO. 56-00: A resolution assessing costs for action
necessary to remove junked and/or abandoned vehicles from four
(4) properties within the City.
-3-
Regular Commission Meeting
July 25, 2000
L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept
the actions and decisions made by the Land Development Boards
for the period July 10th through July 21, 2000.
M. AWARD OF BIDS AND CONTRACTS:
Contract awards through the State Housing Initiatives
Partnership (SHIP) program in the amount of $17,793.30 to
William Hatcher Construction for rehab of a single family
home at 125 N.W. 7th Avenue, and in the amount of
$17,094.00 to South Florida Construction for a single
family home at 580 Snapper Way, with funding in the total
amount of $34,887.30 from 118-1924-554-49.19 (SHIP
Housing Rehab).
Bid award in the estimated annual amount of $20,000 to
Palm Beach Laundry and Linen Service for linen rental
service for the Delray Beach Municipal Golf Course
restaurant, with funding from 445-4715-572-52.22
(Municipal Golf Course Uniforms/Linen Service) (FY 2001
budget).
Contract award to NationsBank for City of Delray Beach
purchasing card through NationsBank Purchasing Card
Program Agreement with the State of Florida (Contract
Agreement #4-973-120-W).
Approval of payment in the amount of $26,459.92 to
Tree-Line Sales & Service, Inc., sole source provider,
for the refurbishment of City Vehicle #714 (Bucket Truck)
to bring the vehicle up to safety standards, with funding
from 501-3312-591-64.21 (Garage Fund/Vehicle Restoration).
9. Regular Agenda:
SPECIAL EVENT REQUEST/KUN~ FU CONSERVATORY: Consider a
request for special event approval for a fundraising event
sponsored by Kung Fu Conservatory of Boca Raton on Saturday,
July 29, 2000, including a temporary use permit for S.E. 2nd
Avenue at the Milagro Center, staff assistance for street
barricading, security and traffic control, small stage use and
setup, and waiver of overtime costs.
SPECIAL EVENT REQUEST/4TH ANNUAL GODZILLA, SUSHI AND HOT BIF~
FESTIVAL: Consider a request for special event approval for
the 4th Annual Godzilla, Sushi and Hot Bikes Festival to be
held on Sunday, October 8, 2000, including a temporary use
permit for Railroad Avenue from Atlantic Avenue to N.E. 1st
Street, authority to hang banners no earlier than September
25th, approval of stage use at 50% of the rental fee, and
staff assistance for street barricading and security with the
event sponsor to pay overtime costs.
-4-
Regular Commission Meeting
July 25, 2000
Co
SPECIAL EVENT REQUEST/COLUMBUS DAY CELEBP. ATION: Consider a
request for special event approval for the 1st Annual
"Celebration of Columbus Day" sponsored by the Order Sons of
Italy in America to be held on Thursday, October 12, 2000.
D. BID AWARD FOR PLUMBING SERVICES AND REPAIRS ANNUAL CONTRACT:
Consider approval of a bid award in the estimated annual
amount of $15,960 to Stokes Mechanical Contractor, Inc. as the
lowest responsible bidder (second low bid) for the plumbing
services and repairs annual contract, with funding from
various departmental operating budgets.
ESTABLISHMENT OF PROPOSED MILLAGE RATE:
the proposed millage rate for FY 2001.
Consider establishing
10. Public Hearings:
RESOLUTION NO. 49-00 (PINEAPPLE GROVE WAY SPECIAL ASSESSMENT
DISTRICT): A resolution providing for the certification and
adoption of the preliminary assessment roll for the Pineapple
Grove Way Special Assessment District to include those
properties bordering on Pineapple Grove Way (N.E. 2nd Avenue)
from the first alley intersection north of Atlantic Avenue to
N.E. 4th Street; providing for the assessment amount as to
each property and for the method of payment of the special
assessment.
RESOLUTION NO. 54-00: A resolution authorizing the City to
purchase certain property located at 2350 Jaeger Drive from
Delray Beach International Tennis Resort, Ltd., and accepting
the contract for sale and purchase. (This item does not
require a public hearing.)
RESOLUTION NO. 55-00: A resolution authorizing the City to
sell certain property located at 2350 Jaeger Drive to the
Delray Racquet Club Association, Inc., and accepting the
contract for sale and purchase.
RESOLUTION NO. 57-00: A resolution establishing a budget for
the Stormwater Utility System, establishing the rates for FY
2001 stormwater management assessments, and certifying -and
adopting the stormwater assessment roll.
11. Comments and Inquiries on Non-Agenda Items from the Public-
Immediately following Public Hearings.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
12. First Readings:
ORDINANCE NO. 15-00: An ordinance annexing a parcel of land
located on the north side of West Atlantic Avenue between the
-5-
Regular Commission Meeting
July 25, 2000
Villas D'Este and Windy Creek subdivisions; providing for a
small scale Future Land Use Map amendment from County HR-8
(High Residential 8 dwelling units/acre) to City TRN
(Transitional); and establishing initial zoning of POD
(Professional Office District). If passed, a quasi-judicial
public hearing will be scheduled for August 15, 2000.
Bo
ORDINANCE NO. 16-00: An ordinance providing for a small scale
Future Land Use Map amendment from LD (Low Density Residential
0-5 dy/ac) to CF-P (Community Facilities-Public Buildings) and
rezonlng from R-1-A (Single Family Residential) District to CF
(Community Facilities) District, for a parcel of land located
on the south side of Lake Ida Road, approximately 286 feet
west of N.W. 5th Avenue, associated with the expansion of the
Community Child Care Center. If passed, a quasi-judicial
public hearing will be scheduled for August 15, 2000.
Co
ORDINANCE NO. 14-00: An ordinance amending Chapter 32,
"Departments, Boards and Commissions", Subheading "Education
Board", of the City Code to provide for increased board
membership and to clarify and update the duties and
responsibilities of the 'Education Board. If passed, a public
hearing will be scheduled for August 15, 2000.
ORDINANCE NO. 17-00: An ordinance amending Chapter 36,
"Finance; City Property Transactions", Subheading "City
Purchasing", of the City Code by amending Section 36.02,
"Acquisition of Personal Property, Supplies or Contractual
Services", to modify existing purchasing limits and to
increase the threshold for competitive bids in accordance with
state statutes; amending the entire chapter to reflect the
correct position title of Purchasing Supervisor. If passed, a
public hearing will be scheduled for August 15, 2000.
13. Comments and Inquiries on Non-Agenda Items.
City Manager
City Attorney
City Commission
-6-
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~', ~. - REGULAR MEETING OF JULY 25. 2000
PARKING MANAGEMENT ADVISORY BOARD STRATEGIC PLAN
DATE: JULY 21, 2000
At the July 18m workshop, the Parking Management Advisory Board met with the City Cormmssion
to discuss general philosophy, direction and the board's strategic plan. After discussion, the
Commission's direction was that if the Parking Board wanted to move forward with
recommendations on in lieu of fees and restaurant parking requirements, the Commission would be
receptive to considering them. However, if the Parking Board intended to look at areas other than
East Atlantic Avenue (i.e. Pineapple Grove, West Atlantic Avenue, Federal Highway), they were
cautioned that what may be applicable for East Atlantic Avenue may not be appropriate for the
redevelopment areas. The Parking Board would need to take into consideration the potential impact
any recommendations might have on these areas.
In addition, it was the Commission's consensus to approve the Parking Management Advisory
Board's strategic plan as proposed. This strategic plan was adopted by the Parking Board in May,
2000. Hence, this item is on the agenda for ratification of the City CommSssion's prior consensus.
Recommend approval of the Parking Management Advisory Board's strategic plan.
Re f:Agmemo 10.PMAB.Strategic Plan
CITY OF DELRAY BEACH
PARKING MANAGEMENT ADVISORY BOARD
STRATEGIC PLAN
PROBLEM STATEMENT:
There is a lack of trained City staff to do appropriate study and analysis of parking and
traffic issues in order to provide accurate information and altematives to the Parking
Management Advisory Board for consideration and recommendation to the City
Commission and City management. The lack of diversification on the Parking
Management Board, including consideration of race, particular city areas, residential,
business representatives, etc., may cause a lack of commtmication and confidence in
board recommendations by both the community and the City Commission. There is a
belief on the part of some of the community that there is not a parking problem, while
others believe there is a serious problem. There are no criteria at present time that can be
used to qualify a parking problem. The City Code parking requirements exacerbate the
parking problem because of "in lieu of fees" which do not create additional parking,
restaurant parking requirements that are too low, and no incentives for developers to
provide additional public parking (too much leeway). Employees and owners take up
available customer parking, valet service on Atlantic Avenue causes traffic congestion,
and inconsistent parking enforcement, all of which discourage customers from coming
into the downtown area.
The following goals and objectives are recommendations by the Parking Management
Advisory Board:
Goal #1:
Create a position within the City govemment that will take responsibility for addressing
the parking issues within the City of Delray Beach and that will be charged with the
development of a master plan to address parking within our city and to work directly with
the Parking Management Advisory Board to solve problems.
Objectives:
1. Develop a job description for parking specialist position (July 1, 2000).
2. Recruit and hire a person to fill the position (October 1, 2000).
3. Develop master plan for the Transportation Concurrency Exception Area (October
2001).
Goal #2:
Balance the membership of the Parking Management Advisory Board so that it reflects
the diverse interests of all of our citizens, which will increase communication and
confidence in board recommendations to the City Commission.
Objectives:
1. Set up semi-annual meetings with the City Commission to discuss and update issues
pertaining to parking (June 2000).
2. Review board make-up and make recommendation for balancing the board
(September 2000).
3. Review board meeting schedule and develop a more effective meeting plan to get
things done (June 2000).
4. Plan and schedule a training session in parking issues and problem solving techniques
for existing board members and see that all new members receive training (January
2001).
Goal #3:
Develop written criteria that will be used to determine if a parking problem exists. This
will be used to distinguish which parking issues will receive board attention.
Objectives:
1. Hold a series of meetings specifically for developing this definition (February 2001).
2. Develop a final product describing criteria to be used to determine/prevent a parking
problem (March 2001).
Goal #4:
Develop a City parking code that will be more contemporary in addressing current issues
and problems that the City faces now and into the future.
Objectives:
1. Review existing parking codes to identify current requirements that may be outdated
based on the growth and development the City is currently enjoying (January 2001).
2. Make recommendations for updating and improving the code (June 2001).
3. Develop policy regarding roles of public and private sectors in planning construction
and funding parking (June 2001).
Goal I/5:
Analyze the immediate problems created by employee/owner parking and valet service in
the Transportation Concurrency Exception Area.
Objectives:
1. Define the exact problems, including days, times, areas, etc. (February 2001).
2. Develop alternatives for immediate relief(April 2001).
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT:
AGENDA ITEM ~. 6. - REGULAR MEETING OF JULY 25, 2000
FINAL PLAT APPROVAL/TENTH STREET COMMERCE PARK
DATE: JULY 19, 2000
This is before the City Comtmssion to approve the final boundary plat for Tenth Street Commerce
Park, a proposed light industrial warehouse development to be located on the south side of S.W. 10~
Street, just west of Wallace Drive.
The project was approved by the Site Plan Review and Appearance Board on January 19, 2000. A
condition of approval was that a boundary plat be recorded prior to the issuance of any building
permits. All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final boundary plat for Tenth Street Commerce Park.
Ref:Agmemol 0.Final Plat. Tenth Street Commerce Park
Agenda Item No. ~.~.
Request to be placed on:
X Regular Agenda
__ Special Agenda
__Workshop Agenda
AGENDA REQUEST
Date: July 13, 2000
When: July 25, 2000
Description of item (who, what, where, how
Boundary Plat for Tenth Street Commerce Park.
addressed.
much):Approval of the
Staff comments have been
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N__O
Recommendation: Staff recommends approval of t~Boundary Plat
Tenth S tr__~eet C o~erce P ar~k.I ~//~ ~--~ / /
Department head signature. ~_~~~ 7-/~ ~
Determination of Consistency with Comprehensive Plan:
for
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on
funds):
Funding available: YES/NO
Funding alternatives
Account No. & Description
Account Balance
City Manager Review: '
Approved for agenda:
Hold Until:
all items involving expenditure
(if applicable)
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
of
cc:
tac-Tenth Street Commerce Park
file:s/engadmin/tac/Tenth Street Commerce Park/ag072500.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Barron E. Caronite, PE, Assistant City Engine~._~
July 13, 2000
Tenth Street Commerce Park Plat
Please find an agenda request for Commission approval of the boundary plat for Tenth
Street Commerce Park attached. I have also enclosed a location map and a reduced
copy of the plat. Site plan approval was granted by SPRAB on January 19, 2000. The
property is being developed as a light industrial warehouse. If this meets with your
approval, please place it on the July 25, 2000 Commission meeting for Commission
approval.
Encl.
File:
cc:
TAC:
S:/engadmin/tac/-renth street commerce park/agmemo.doc
Randall Krejcarek, P.E., City Engineer
Paul Dorling, Planning/Zoning
Tenth Street Commerce Park
I
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,-'~ ~ : ; : i ~ : X '/'
CITY of DELRAY BEACH TENTH STREET COMMERCE
ENV]RC~MENTAL SERVICES DEPARTMENT LOCATION MAP ~"~' ....
4~4~O~[Tifl~B~i~[T(~iAl~jE,~¥BF_,,~;~,.Li;~Di~[~A~344a. 2000-200 1 of 1
HATCH LINE
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TO:
FROM:
SUBJECT:
D~T. HARDEN, CITY MANAGER
PAUL DORLING, A~TjING PLANNING AND ZONING DIRECTOR
MEETING OF JULY 25, 2000 ** CONSENT AGENDA **
ACCEPTANCE OF RIGHT-OF-WAY DEED FOR ROYAL PALM DRIVE
IN ASSOCIATION WITH THE TENTH STREET COMMERCE PARK
PLAT
The action requested of the City Commission is that of acceptance of a right-of-way
deed for 25' for Royal Palm Drive located west of Wallace Drive south of SW 10 Street.
On January 19, 2000 the Site Plan Review and Appearance Board approved a site
development plan for Tenth Street Commerce Park. As a condition of approval the
property was to be platted and was to include a 25' dedication for Royal Palm Drive.
During the platting process it was discovered that the 25' immediately south of the
development proposal was retained by the previous property owner of the overall tract
therefore the right-of-way tract could not be dedicated by the Tenth Street Commerce
Park Plat. A separate right-of-way deed approved by the City Attorneys office has
been executed by the owner dedicating the 25' right-of-way tract for Royal Palm Drive.
Acceptance of this right-of-way deed is before the Commission for consideration.
By motion, accept the 25' right-of-way dedication for Royal Palm Drive immediately
adjacent Tenth Street Commerce Park Plat.
Attachment:
· Right-of-way deed
· Right-of-way Exhibit A
s:rowtenthstreetcommenrceparkplat
CITY OF DEI_I~Y 13E~CH
Susan A. Ruby, Esq.
City Aaora~s Office
200 N.W. lm Avenue
Delmy Beach, Florida
PIN//12,-43-46-20-01-029.0010
,RIGHT-OF.'
THIS INDENTURE made this
DALLAS E. D.~H.Y with a mailing address of
party of the ~ part and CITY OF DI~LRA
corporation with a ~.{l~ng address of 100 N.W
party of thc second p ,a~t.
WITN~
Tkat said party of thc first pa~L,
herein contained and other good and vahmbl¢ c
quit claim and convey unto th~ party of the sccon
illtCa'~ ~ alld d.illlarid which tho pal'ly of iht
hnd. situate, lying and being in tho Comfy of Pal
See Exhibit "A" ~
This Deed is made ~r lhe porpo
second part, tls successors and assigns, a right-.
public highway, s~t, and public utility purpos
executed a~.d dclivor~cl with the express umicrst~
be disoonliuued or abandoned as a public highv
revc~t to and revesl in the party of the fa~t part ~
uti//typurpo~-a ~hall r~aaaln unt~ mI~aaed.
That this fight.of-way shall be sut
resereaflon of rcoord. Th~ party of tho first part ~
mortgages or liens encumbering this right-of-way,
no building or effect any ofla:r kind of co~slxuc~
property.
VA.YDEED
t03 W. Albany La~e~ I'Iom~clc, FL 34442 as
BEACH, FLORIDA, a Flc~clda municipal
st Av~mue, D~lray Beach, Fl~da 33~ u
I~TH:
and in consider~oll of the m~t!ml p~mlnm
pm, i~ ~ ~ ~, ~ ~ title,
fi~ p~ ~ ~ ~d ~ ~e ~llo~g-~d
Bes~, S~ ofFlofi~ to-~t:
:tached ha'ere.
e of giving ~_a ~raming to the party of the
['-way and e~cmcnt in and to said lands for
s and th~ ma/nt~,~.~ce thcr~f; and is
~Iing ami condition thai should the sarn~
Ly or street, tl~ titla to same shall th~rettpm
assigns; except that the easea~ent for public
.,ct only to thcae ca..~, relm'iction~, and
/teas to provide for tho re. lea.sc of any and all
The party of the .Ca'st part also agrees to ceect
or improvc~nents upon the above-described
Psrty o£ the first pan doe~ here'
defend the same ~ga/nst h~ lawful olaims of ~
uu&r i~, thai it has tood rif~ ami lawful authori
~ ,
th~ the sarae ~ tmcn~umbcmd. V~hnre the cont~
the same ~/nclude thc successors or assigns ¢
TO HAVE AND TO HOLD TI
app~cc~ t ..her~_ to beJongin~ or in ~nywise h
rifle, intcresg and ~ whatsoever of the said 1
only prop~ use~ b~mefit, ~ bdaalf of the sa~
IN WITNESS WHEREOF, said
the date fu~t ~oov~ written.
~e prese~e o~
¢q'ame primal or typed)
(Name printed or typed)
STAT~ OF PLOPS[DA
COUNTYOI~ ~: ~,-,4~
The foregoing ' .msgummt was,
., 20000
2
,y tully warrant th~ titt~ to said lani and will
[1 persons whomsoever clakn~d, by, tbxough or
.y to grant the above~lesa/bed r~,h~-of-w~¥ ~ti
rt or,his Right-of-Way De~d allows or porm_'.~_,
fth~ pa~s.
L8 SAME, togea~er wi~ all azgl singular the
gident or app~aining, ami aR lhe es~ag, fight,
,~y of the fu~ pm, in hw or in equky to tile
parry of the second part, its Successors and
~ of the &st pm has her~mt~ set th~ hand
· .knowlcdg~ besom me this ~ day of
who is pcrsoa~lly known to
Signature of Notary Publ~c -
State o fFlorida
IT'S
THE SOUTH TWENTY FIVE (2§') FEET
TRACT 29, LESS THE EAST ONE
SUBD~VISION OF SECTION 20, TOWNS
ACCORDING TO THE PLAT THER!
PAGE 4, OF THE PUBLIC RECORDS
SCALE: 1"-50'
)F THE WEST ONE QUARTER (W1/~.)
(100') FEET THEREOF,OF THE
~-6 SOUTH, RANGE 4.3 EAST.
RECORDED tN PLAT BOOK 1,
PALM BEACH COUNTY, FLORIDA.
WEST
2.9
SOUTH LiNE
TRACT 29
ROYAL
100f
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM ~'. 1~). - REGUI_dflR MEETING OF JULY 25, 2000
FINAL PLAT APPROVAL/FESSLER ESTATES
DATE: JULY 20, 2000
This is before the City Commission to approve the final subdivision plat for Fessler Estates, a
proposed two lot subdivision located 1,600 feet south of George Bush Boulevard between Andrews
Avenue and State Road A1A.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Fessler Estates.
RefiAgmemol 0.Final Plat. Fessler Estates
Agenda Item No. ~.D.
Request to be placed on:
Regular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: July 13, 2000
When: July 25, 2000
Description of item (who, what, where, how much):Approval of the
Subdivision Plat for Fessler Estates. Staff comments have been
addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff reco~nds appr;o~f/~ Subdivision
Fessler Estates. ~_~7~6~i~
Department head signature: ~ I ~-cO
Determination of Consistency with Comprehensive Plan:
Plat for
City Attorney Review/Recommendation (if applicable):
Budget
funds):
Funding available: YES/NO
Funding alternatives
Account No. & Description
Account Balance
City Manager Review: ~
Approved for agenda:~/NO
Hold Until:
Director Review (required on all items involving expenditure
(if applicable)
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
of
cc: tac-Fessler Estates
file:s/engadmin/tac/Fessler Estates/ag072500.doc
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Barron E. Caronite, PE, Assistant City Engineer~
July 19, 2000
Fessler Estates Plat
Please find an agenda request for Commission approval of the subdivision plat for
Fessler Estates attached. I have also enclosed a location map and a reduced copy of
the plat. There is an existing house on Lot 1. The property is being subdivided to sell
Lot 2. If this meets with your approval, please place it on the July 25, 2000 Commission
meeting for Commission approval.
Encl.
File:
cc:
TAC:
S:/engadmin/tac/Fessler Estates/agmemo.doc
Randall Krejcarek, P.E., City Engineer
Paul Dorling, Planning/Zoning
Fessler Estates
:
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TO:
THRU:
FROM:
SUBJECT:
DA~T. HARDEN, CITY MANAGER
t~ASMIN AllEN, ~LANNER
M£EIING OF dULY 25, ~000 ~ CO~SE~T AGENDA~
ACCEPTANCE OF AN OFF-SIIE ~ARKING AGREFMENT FOR SUND¥
ESTATES
The action requested of the City Commission is acceptance of an off-site parking agreement
for Sundy Estates, located at southwest corner of South Swinton Avenue and SW 1st Street.
At its meeting of July 17, 2000, the Planning and Zoning Board approved a conditional use
modification request to allow a 500 square feet expansion of the outdoor dining area for
Sundy Estates subject to an off-site parking agreement being executed to utilize 16 parking
spaces within the 20-space parking lot located at the southeast comer of South Swinton
Avenue and SE 1st Street, across from the Sundy House.
With the proposed expansion, a total of 64 parking spaces are required for the existing
restaurant and residential inn units. While the original development proposal provides for 71
parking spaces, a proposed 23-space parking lot located on the south side of the development
has not been constructed and is currently being used as a staging area for the buildings now
under construction, thus resulting in a deficiency of 16 spaces. While the approved 23-space
parking lot will be constructed in the future, alternative parking spaces are currently needed to
meet the parking requirements.
The additional 16 parking spaces are available in the 20-space valet parking lot located across
South Swinton Avenue from the Sundy House (currently being used by and under the same
ownership as the Sundy House). However, as the parking lot and the Sundy Estates site are
not unified by a Unity of Title, an off-site parking agreement must be executed to ensure the
required parking is provided.
By motion, accept the off-site parking agreement for Sundy Estates.
Attachments:
[] Planning and Zoning Board Staff Report
~ Off-site Parking Agreement
OFF SITE PARKING AGREEMENT
TillS AGI~I~.MENT made this 19e day of July, 2000, by and between Sundy Estates,
LC, whose address is 14 So. Swinton Ave., Deb:ay Beach, Florida 3344~, ("Sundy") and
Nauplius Limited, whose address is 14- So. Swintun Ave., Dekay Beach, Florida, 33444
("Nauplius"), and the City of Delray Beach, Florida ("CITY").
WITNESSETH:
VffHEREAS, Sundy is the owner of certain real property situated in the County of Palm Beach,
State of Florida ("the Property") with a legal description as follows:
Lots 2 and 3, SUNDY ESTATES, according to the Plat thereof, recorded in.Plat Book
69, Page 166, of the Public Records of Palm Beach County, Florida.
PARCEL IDENTIFICATION #'s 12-43-46-1%55-000-0021
and
Lots 9 and 10, Block 61, Map of the Town of Linton, n/k/a City of Delray
Beach, according to the plat or map thereof as recorded in Plat Book 1 at Page 3, of the
Public Records of Palm Beach County, Florida.
PARCEL IDENTIFICATION #'s
and
12-4346-16-01-061-0092 and
12-43-46-16-01-061-0091;
WI-IE. REAS, Nauplius is the owner of a portion of the property with a legal description as
follows:
Parcel 1 - 6 SE 1st Street, Delray Beach, Florida 334~.~.
Property Control Numbers: 12-43-46-16-84-070-0200
Lots 20 & 21, Block 70, Map of the Town of Linton, n/k/a Town of Delray, according to
the Plat thereof as recorded in Plat Book 6 at page 17, of the Public Records of Palm
Beach County, Florida
and
Parcel 2 - 10 SE 1st Street, Dekay Beach, Florida 33a. a.!
Property Control Number: 12-43-146-16-B4-070-0220
Lot 22, Block 70, amended plat of Sundy and Cromer Subdivision of Block 70, ori~nal
Town of Linton (n/k/a Delray Beach), according to the plat thereof as recorded in Plat
Book 6, Page 17 of the Public Records of Palm Beach County, Florida;
(These parcels are subject to a previously recorded Unity of Title in favor of the City);
and
WHEREAS, Sundy wishes to make provisions for use of 16 parking spaces which are part the
property owned by Nanplius and described above; and
WI~.REAS, it is the desire of Sundy and Nauplius to each operate and maintain their respective
properties with integration of certain common areas for their mutual benefits as to parking.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, Sundy and Nanplius agree as follows:
Sundy shall maintain the parking lot in a neat clean and sanitary condition, free
from fall garbage, trash, litter and debris and provide whatever maintenance is
required thereon, including, but not limited to asphalt repair or repaying, and
painting lines thereon to clearly mark the parking spaces.
In the event Nauplins ever sells, transfers or otherwise disposes of the property
(containing the parking spaces) described above it is agreed that Sundy shall
retain sufficient parking spaces either through agreement with the successor
owner or elsewhere in accordance with the then current regulations pertaining to
parking which exists at the time of transfer, sale or disposal referred to above,
subject to City approval.
This Agreement shall not be terminated, altered, limited, changed or modified
unless in writing, signe.d by all parties hereto. This Agreement shall be binding
upon, and run to the benefit of, each party, its successors, assigns, or heirs, as the
case may be. This Agreement may be enforced by any of the parties hereto,
including but not limited to the CITY.
This Agreement shall be recorded in the Public Records of Palm Beach County
and recording costs shall be borne by SUNDY. In the event this agreement is
revised, Sundy shall bear the expense of recording said revision. Sundy shall
provide a certified copy of the recorded instrument bearing the Clerk's recording
information to the CITY at no expense to the CITY.
2. The respective owners of the properties (excluding CITY) shall pay all real property
taxes, charges and assessments levied or imposed upon the real property and all other taxes as
may be imposed on the property.
o
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Sundy and Nauplius shall, and hereby do agree to indemnify and hold the
CITY harmless from and against any and all judgements, damages, claims, demands, losses,
liabilities and other costs and expenses, including reasonable attorney fees incurred in the
defense thereof, that may be incurred by reason of any loss, damage or injury to any person
or property resulting directly or indirectly by reason of the use and occupancy of the parking
spaces, or by the reason of the act or failure to act of Sundy and/or Nauplius or their agents,
employees or representatives, and further shall, and hereby agree, to indemnify and hold the
CITY harrrfless from and against any and all losses, claims, demands, costs and expenses to
which the CITY of Deiray Beach may become subject by reason of the failure of Sundy
and/or Nauplius to perform or observe any covenants, terms, conditions and provisions of
this agreement.
4. The CITY, by emering into this agreement, has no obligation to provide maintenance, nor
does the CITY accept any liability associated with the use of the parking spaces whatsoever.
The CITY'S interest is solely to assure the number of requirod parking spaces per the City of
Del.ray Code of Ordinances, is met.
IN WITNESS WI-IEREOF, the parties represem that they are authorized to emer into this
agreement and they hereto have executed these presents and affixed their seals hereto as of the
date and year first above written.
Witness
Simon 1~ Harvey
President, Sundy Estates, LC
Wimess
The foregoing instrument was acknov~ledged before me this __ day of July, 2000, by Simon
R. Harvey as President of Sundy Estates, LC. He is personally known to me.
Notary Public
Seal or Stamp:
Witness
Robert M. Smither, Jr.
Director, POA, Nauplius Limited
Witness
The foregoing instrument was acknowledged before me this day of July, 2000, by Robert
M. Srrdther, Jr. as director and POA of Nauplius Limited. He is personally known to me.
Notary Public
Seal or Stamp:
FOR TI~ CITY OF DELRAY BEACH:
ATTEST:
By:
City Clerk
Approved as to form:
By:.
City Attorney
CITY OF DELRAY BEACH, FLORIDA
By:.
Mayor
Zip/corporations/stmdy estatea,'offsite parking agreement
MEETING OF:
AGENDA ITEM:
JULY 17,2000
ADDENDUM TO THE STAFF REPORT REGARDING THF
CONDITIONAL USE MODIFICATION TO ALLOW EXPANSION
OF AN OUTDOOR DINING AREA FOR SUNDY ESTATES
The project description has been modified increasing the maximum outdoor dining area
by 167 square feet (i.e. from 333 square feet to 500 square feet). In the Staff Report
it is noted that a 2-unit building "The Cottage" is under construction. However, review
of the permit application indicates that the building contains only one rental unit, thus
reducing the total number of rental units from 13 to 12. This difference of one unit will
result in a surplus of one additional parking space which could accommodate another
167 square feet of restaurant area for a total of 500 sq. ft. The applicant has requested
that the staff report be amended increasing the outdoor dining area to 500 square feet
(maximum). This proposed change affects the sections of the Staff Report dealing
with "Street and Traffic"; "Solid Waste"; and "OSSHAD Parking Requirements"
which are amended below.
Street and Traffic:
Increasing the outdoor dining area from 333 square feet to 500 square feet will
generate a total of 41 new trips per day. This represents an increase of 4 new trips per
day (i.e. from 37 trips to 41 trips) which will have minimal impact on the surrounding
roadway network. As stated in the Staff Report however, the applicant will need to
provide a mitigation plan to alleviate queuing impacts on Swinton Avenue.
Solid Waste:
Trash generated by the increased square footage from 333 sq. ft. to 500 sq. ft. (167
square feet) will result in a total of 2.07 tons per year. The additional trash generated
can be accommodated by existing facilities, and thus will not affect the positive finding
identified in the Staff Report.
OSSHAD Parking Requirements:
Increasing the total square footage of the restaurant from 8,448 sq. ft. to 8,615 (8115
sq. ft. existing + 500 sq. ff. proposed) requires 52 parking spaces; the 12 units require
12 parking spaces for a total o.f 64 parking spaces. As indicated in the Staff Report
the total number of spaces available to service the development is 64, which meets the
requirement, provided the off-site parking agreement is executed.
Based on the above, the same positive findings identified in the Staff Report can be
made.
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
GENERAL DATA:
July 17, 2000
V.A.
Conditional Use Modification to Allow Expansion of an Outdoor Dining Area for
Sundy Estates, Located at the Southwest Corner of S. Swinton Avenue and
S.W. 1st Street.
Owner/Applicant ............... Sundy Estate L.C., Inc.
Agent ................................ Balfood Finnvold Architecture, Inc.
Location ............................ Southwest corner of S. Swinton
Avenue and S.W. 1st Street
Property Size .................... 2.12 Acres
Future Land Use Map ....... Mixed Use
Current Zoning .................. OSSHAD (Old School Square
Adjacent Zoning ....... North:
East:
South:
West:
Existing Land Use .............
Proposed Land Use ..........
Historic Arts District)
OSSHAD
OSSHAD
CF (Community Facilities)
RM (Multiple Family Residential-
Medium Density) & CF
Restaurant and Residential Inn
Conditional Use Modification to
allow a 333 square foot expansion
of the outdoor dining area for Sundy
Estates
Existing on-site.
Existing on-site.
Water Service ...................
Sewer S~rv~c ....................
CITY
HALL
ATLANTIC AVENUE
VA
The action before the Board is that of approval of a Conditional Use Modification
request to allow the expansion of an "outdoor dining area" for Sundy Estates, pursuant
to LDR Section 2.4.5(E).
The subject property is located on the south side of SW 1st Street, between S. Swinton
Avenue and SW 1st Avenue, and includes a parking area at the northeast corner of SW
1~t Street and SW 1~t Avenue within the Old School Square Historic District.
II
The subject property consists of Lots 1-3, Sundy Estates Plat (1.435 acres), Lots 9 and
10, Block 61, Town of Linton (0.45 acres), and Lot 11, Block 62, Town of Linton (0.24
acres) totaling 2.12 acres. The proposal also involves an off site parking area to be
located on Lots 20-22, Block 70, Town of Linton (10 SE 1~t Street).
Sundy Inn/Restaurant Site (1.88 acres)
This site has had an extensive history with the most recent development activity
occurring in 1998 when a conditional use request was approved to establish a 23-guest
room residential type inn, and a restaurant with outdoor dining, which incorporated the
following:
[] Construction of building additions and outside dining areas to accommodate a total
of 7,302 sq.ft, of restaurant area;
[] Conversion of the two existing apartment structures to accommodate a total of 14
guest rooms;
[] Conversion of a single family residence as an inn unit;
[] Construction of a 2-story 8-guest room structure;
Installation of botanical gardens with a pond;
Installation of 29 on-site spaces, including a 23-space asphalt parking lot at the
south end of the development;
[] Installation of a swimming pool on the south side of the pond with a waterfall;
Installation of a 6' high c.b.s, wall along the perimeter of the site, except within the
front yard facing Swinton Avenue, with electronic gates provided at the parking and
service courtyard areas; and,
[] Construction of a 42-space parking area at the northeast corner of SW 1st Avenue
and SW 1st Street, preservation of the cottage at the northeast corner of the property
to be utilized for storage and a night watchman.
The City Commission approved the conditional use request for the Sundy Inn on March
3, 1998, subject to the following conditions:
1. That the outdoor dining area at the northeast corner of the site close by 11:00 P.M.;
2. The floor plan for the first floor suite in the proposed 8-unit structure must be
redesigned to eliminate the potential for 2 leasable guest rooms; and,
3. That at least 40% of the guest units are suites.
Planning and Zoning Board Staff Report
Conditional Use Modification Approval - Sundy Estates
Page 2
The HPB (Historic Preservation Board) approved the site plan on March 18, 1998. In
addition, numerous site plan modifications have been approved for the site. The most
significant relates to changing the 8 unit building at the northwest corner of the site to 4
guest suites with 4 garage spaces on the first floor, conversion of the cottage within the
parking lot at the northeast corner of SW 1st Avenue and SW 1st Street to a guest unit,
and replacement of the 6-unit apartment building on the west side of the property with a
6-unit hotel building. Modifications also included increasing the outdoor dining area
interior to the site to provide a total of 8,115 sq.ft, of restaurant floor area.
On October 5, 1999, the City Commission approved a conditional use request to allow
the expansion of the residential inn development. The total number of guest
rooms/suites approved to date is twenty-nine (29). An associated site plan approval
has not yet been obtained from the Historic Preservation Board for the expansion.
To date the restaurant component and botantical gardens have been completed. The
improvements associated with the 4-unit building (with four garage parking spaces) at
the northwest corner of the site have been completed and construction is underway for
the 2-unit and 6-unit buildings to the south. The 42-space parking area north of the
restaurant and the 2 spaces in front of the restaurant have been completed.
The following development activity has occurred on adjacent properties associated with
the Sundy Inn:
Lot 11, Block 62, Town of Linton (0.24 acres) (west side of Swinton Avenue,
south side of Sundy Inn complex):
This property was purchased from St. Paul's Episcopal Church and contained a
historic house constructed in 1940. in December, 1998, the Historic Preservation
Board approved relocation of the existing historic structure to 275 N. Swinton
Avenue. The reason for the relocation was to accommodate expansion of the
residence inn. An application was submitted to construct a temporary valet parking
lot on the property until the residential inn component was expanded. Site plan
approval was not obtained however; the property has been used for parking.
10 SE lst Street (Lots 20-22, Block 70, Town of Linton) (East side of Swinton
Avenue across from Sundy House restaurant):
On May 12, 1999, the Historic Preservation Board approved a site plan to construct
a 20-space parking lot associated with the conversion of an historic structure to
retail/offices. The parking lot has been constructed, however, the conversion of the
single family residence has not yet occurred.
On June 7, 2000, the Historic Preservation Board approved several alterations to the
Sundy House Restaurant including the replacement of windows with doorways,
relocation of the indoor bar and check-in areas and other fagade changes. With the
replacement of the windows with doorways and associated removal of landscaping it
was noted that the landscaped area could be used as an outdoor dining area. The
request was therefore approved with the condition that no building permits be issued for
Planning and Zoning Board Staff Report
Conditional Use Modification Approval - Sundy Estates
Page 3
the window alteration until a conditional use for the expansion of the outdoor dining area
is approved.
A Conditional Use Modification request has been submitted to expand the outdoor
dining area and is now before the Board for action.
II
PROJECT DESCRIPTION
II
JI
The development proposal includes the following:
Relocation of the interior bar to the southeast corner of the same room and
expansion (63 sq. ft.) into the covered area that is now the check-in area. The
proposed outdoor bar will be serviced from a new door which will replace a check-in
window to the south of the indoor bar;
Removal of the existing landscaping along the south face of the same room i.e. west
of the proposed outdoor bar area and extension of the existing brick paver area
along the south side of the room, thus increasing the outdoor dining area 333 square
feet (maximum).
CONDITIONAL USE MODIFICA¥1ON ANAEYSIS Jl
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 consistency with the Future Land Use
Map, Concurrency, Comprehensive Plan Consistency and Compliance with
the Land Development Regulations.
With the original conditional use approval of March 3, 1998, to establish the residential
type inn and outdoor dining areas associated with the restaurant, positive findings were
made with respect to Future Land Use Map Consistency, Concurrency,
Comprehensive Plan Consistency and Compliance with the Land Development
Regulations. The Conditional Use Modification seeks to intensify the approved
Conditional Use by expanding the outdoor dining area by 333 square feet. The minor
impacts of the expansion in terms of Concurrency are discussed below.
Draina,qe:
Paving and drainage plans are not required with a conditional use request. The
proposed change will have minimal impact on drainage.
Planning and Zoning Board Staff Report
Conditional Use Modification Approval - Sundy Estates
Page 4
Streets and Traffic:
A traffic analysis has been prepared indicating that the additional restaurant floor area
will generate 37 new trips per day. The subject property is located within the TCEA
(Traffic Concurrency Exception Area), which encompasses the CBD (Central Business
District), OSSHAD (Old School Square Historic Arts District) and the West Atlantic
Avenue Business Corridor. The TCEA exempts the above-described areas from
complying with the Palm Beach County Traffic Performance Standards Ordinance.
Based upon the above, a positive finding with respect to traffic concurrency can be
made.
Currently during peak operating hours the valet operation backs out into Swinton
Avenue. The applicant needs to evaluate this operation and provide alternatives to
address these impacts. If the current request for expansion of the dining area is
approved, it should be conditioned upon submission of a plan to mitigate this stacking
problem. Further, future expansion of the restaurant seating areas will not be supported
without a permanent solution to the stacking issue.
Solid Waste:
Trash generated each year by the additional 333 sq.ff, of restaurant area (8,448 sq.ff.
total) will be 4.15 tons per year (107.2 tons per year total) [333 sq. ft. x 24.9 lbs./sq.
ff./year = 8,292/2000 = 4.15 tons]. 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.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(7) (Modification of a Conditional Use approval), an
approved conditional use may be modified. If the modification involves only the
implementation or compliance with conditions of approval, the modification may
be approved by the Director of Planning and Zoning. If the modification involves
intensity of use or hours of operation, the modification must be approved by the
Planning and Zoning Board. If the Board finds that the requested modification is
significant, then the modification must be heard as a new Conditional Use
application.
The conditional use modification seeks to expand the floor area of the restaurant from
8,115 square feet to 8,448 square feet (4% increase). As noted above the proposed
addition will have minimal impact with respect to drainage, however the intensification of
the restaurant creates some concern with respect to the operation of the valet parking
and queuing impacts on Swinton. Avenue. As mentioned under Street and Traffic
portion of the staff report a mitigation plan must be provided. Additionally, the proposed
expansion will create the need for three more parking spaces, which will be addressed
later in the report.
Planning and Zoning Board Staff Report
Conditional Use Modification Approval - Sundy Estates
Page 5
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use Modification request a sketch plan was
submitted which staff has reviewed. Based upon staff's review of the sketch plan
and site inspections, the following analysis is provided.
LDR Section 4.4.24(G)(4)(b) and (c) (OSSHAD Parkin.q Requirements):
LDR Section 4.4.24(G)(4)(b) and (c) states that restaurants shall provide six (6) spaces
per one thousand square feet of total new or existing floor area being converted to
restaurant. 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. of floor area.
The Sundy Estates proposal is constantly evolving with the current approval for 8,115
sq. ft. restaurant area, 29-guest rooms and a 300 sq. ft. greenhouse. The parking is
being assessed on the uses that currently exist and/or are under construction. As
development proposals are submitted for approval for the 16 remaining guest rooms
(29 proposed, 13 completed or under construction), the parking requirement will be
reevaluated.
Given the current site development plan the 8,448 sq. ft. restaurant (8,115 sq. ft.
existing + 333 sq. ft. proposed) requires 51 parking spaces, and the 13 units require 13
parking spaces, for a total of 84 parking spaces.
The proposal provides 71 parking spaces, which are to be accommodated in the
following manner:
42 parking spaces on the north side of SW 1st Street;
parking spaces within the 4-unit guest house;
spaces at the valet drop-off area; and,
23-space parking area at the southwest corner of the site.
Parking is currently not available in the 23-space parking lot as it is being used as the
construction staging area for the 6 and 2 unit buildings. This parking will need to be
reinstated to provide the required parking for this development. However, with the
construction phasing for the remainder of the units, it is likely that this parking area will
not be available for quite some time, thus resulting in a deficiency of required spaces.
An additional 16 parking spaces are available in the 20-space valet parking lot located
across Swinton Avenue from the Sundy House (currently being used by and under
same ownership as the Sundy House). Conversion of the single family house to retail
will require the remaining four spaces. Thus, the total number of spaces available to
service the development is 64, which meets the requirement. As a condition of
approval, an off-site parking agreement must be executed to utilize 16 spaces in the off-
site parking area described above. It is noted that a condition of the previous
conditional use modification approval to increase the number of units to 29, also
required execution of the off-site parking agreement.
Planning and Zoning Board Staff Report
Conditional Use Modification Approval - Sundy Estates
Page 6
II
Community Redevelopment A,qency:
At its meeting of July 13, 2000, the Community Redevelopment Agency reviewed and
recommended approval of the conditional use modification request.
Historic Preservation Board:
At its meeting of June 7, 2000, the Historic Preservation Board approved the proposed
alterations and recommended that a conditional use modification be obtained for the
expansion of the outdoor dining area.
Courtesy and Nei.qhborhood Notices:
Notices have been provided to the following homeowner's and civic associations:
· Delray Beach Chamber of Commerce
· Old School Square Historic Arts District
· Presidents Council
· Progressive Residents of Delray
The development proposal to establish an outdoor dining area is consistent with
Chapter 3 of the Land Development Regulations and the policies of the Comprehensive
Plan. Positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use
Findings) have been made in the staff report.
A limit on the hours of operation to 11:00 P.M. within the outdoor dining areas in
addition to the extensive landscaping has negated compatibility concerns with respect
to the adjacent properties. However, concerns with respect to the intensification of the
use with respect to traffic circulation need to be addressed.
Jl
Continue with direction and concurrence.
Find that the change is non-significant, and approve the Conditional Use
Modification request for Sur~dy Estates, based upon positive findings with respect
to Chapter 3 (Performance Standards) of the Land Development Regulations,
and the policies of the Comprehensive Plan, subject to conditions.
Find that the change is non-significant, and deny the Conditional Use
Modification request for Sundy Estates, based upon a failure to make positive
Planning and Zoning Board Staff Report
Conditional Use Modification Approval - Sundy Estates
Page 7
findings with respect to Chapter 3 (Performance Standards) of the Land
Development Regulations, and the policies of the Comprehensive Plan.
Find that the change is significant, and require that the application be heard as a
new Conditional Use, with a public hearing and City Commission review.
RECOMMENDED ACTION
By motion, find that the change is non-significant, and approve the Conditional Use
Modification request for Sundy Estates, based upon positive findings with respect to
Chapter 3 (Performance Standards) and Section 2.4.5(E)(7) Conditional Use
Modifications) of the Land Development Regulations, and the policies of the
Comprehensive Plan, subject to the following conditions:
That prior to the issuance of a building permit, an off-site parking agreement be
executed to utilize 16 spaces of the 20-space parking lot on Lots 20-22, Block 70,
Town of Linton.
2. Provision of a mitigation plan to alleviate queuing impacts on Swinton Avenue.
Attachments:
· Location Map
· Sketch Plan
~ ~ ~ ~ HALL >
NW ~ST ST I N.W 1ST ST, N E 1ST ST.
~ COMMUNITY
CENTER Z
- ~. 3 TENNIS ~ ~, OLD
ATLANTIC AVENUE
POLICE SOUTH
~ COMPLEX COUNTY
-- I HOUSE
S
S.W. 2ND ST. S,E, 2ND ST.
S.W 3RD ST. S.E 5RD ST. S.E. 3RD ST.
~ SUNDY ESTATES
II II
,i
[ITY OF DELRIW
CITY ATTORNEY'S OFFICE
2(10 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
AIl.~ica City
1993
DATE:
TO:
FROM:
MEMORANDUM
July 18, 2000
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Utility Easements Lots 8 and 9 Foxe Chase Subdivision
Attached are Easement Deeds from two property owners for the installation of a water
main going from the rear of their properties and extending to the front of the properties.
By copy of this memorandum to David T. Harden, City Manager, our office requests
that these items be placed on the July 25, 2000 City Commission agenda for acceptance
and approval.
Please call if you have any questions.
Attachments
CC:
David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Jasmin Allen, Planner
Planning & Zoning Department
MEMORANDUM
TO:
FROM:
DATE:
BRIAN SHUTT, ASSISTANT CITY ATTORNEY
JASMIN ALLEN, PLANNER
/
/
JUNE 23, 2000
,JUN 2 3 2000
RE:
ACCEPTANCE OF EASEMENT DEED - LOTS 8 AND 9 FOXE CHASE
A request for water service agreement for Lots 8 and 9, Foxe Chase Subdivision is
currently being processed. In order to provide water service to those lots, the property
owners were required to extend an 8" water main from the rear of the property to the
front of the property (Bridlewood Circle); install a fire hydrant and dedicate easements.
Attached are the easement deeds Lot 8 and Lot 9. The legal descriptions have been
reviewed and accepted by Barron Caronite (Engineering). Please review for legal
sufficiency and schedule for City Commission action.
The water service agreements do not require City Commission approval. The water
service agreements will not be recorded until the easements deeds are approved and
recorded. Upon review, please sign off on page 6 of the water service agreements.
Thank you.
Prepared by:RETURN:
Susan A. Ruby, Esq.
City Anomey's Office
200 N.W. ! st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
TI-nS INDENTIJRE, made this /[fY~4day of
- , ~ by and between
_i%a~RK FEINSTEIN and SHERRI FEINSTEIN, husband and wife ~ with a mailing address
of 18044 Jazz Lan% Boca Raton, Florida 33496 , party of the first part,
and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray
Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of
the second part:
WITNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby ac'knowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easen~ent for the purpose off installation and maintenance of public utilities
with full and free right, ~iberly, and authorily to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm'Beach Counly, Florida, to-wit:
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That tiffs easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party of the first part also aerees to erect no
building or effect any other 'kind of construction or improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the panics to tfiis Easement Deed set their hands and seals
the day and year first above wrinen.
WITNESS # 1:
(name printed or typed)
WITNESS #2:
(name printed or typed)
PARTY OF THE FIRST PART
Print Name:
STATE OF ~"122,~2~¢~
COUNTY OF ~41~Ml-~r~12~
~ The foregoing instrument was ac~owledged before me ~s Ig~day of~
~ by S~x ~E,~5~ . m~ g~'~of persomac~owl~gEg), who%
~erso~llv ~own to me,or who has produced as identification.
Si~amre of No~ ~blie - State
of ~orida ~$ ........ - .... -'
2
" SKETCHAArD D£$CR]PTION
For: ChElston Builders
t I, ~ LOT ~ ~
~ I~.16' / FOX CHASE
-- ~~ ..............
J D ~ ~ I ~ FOX CHASE ~
~ ~ ~ ~ ~ m (P.B. 38, PG. 1 & 2, P.B.C.E.)
NO S;
I~ ~ ~ ' ~ 1) ~,S IS NOT A SKETCH OF SURLY
}~ ~ ~ 2) Bearings shown hereon ore based on the North line
.0~] 0 ~ of Lot 9, Fox. Chos. (P.B. ~8, pg. 1 ~ 2,
~ N 88'52'27" E.
~ 3) ~is Sketch ond Oascripti~ is not volid without the
~ signature ~nd original raised seal of ~ Florid~ Licensed
Surve~r and Mopper.
4) ~e undersigned and David · Gerchor, Inc., make no
i ~ representations or guarantees os to the infatuation
reflected hereon pertaining to easements, rights-of-way,
setback lines, agreements end other matters, end fu~her
this instrument is not intended to reflect or set forth oll
such matters. Such information should be obtained end
confirmed by others through opproprlote title verification,
LEGEND~ lands shown hereon were not abstracted for rights-of-way
P. D. ~. PD[NT DF 9EGINNING and/or easements of record.
P. D.C. PDINT DF CDHHENCEHENT 5) ~is SKETCH ~ DESCEIP~ON consists of two sheets and is
P. D.T. PDINT DF TERMINUS not vo~id without both sheets.
P. ~. PLAT
PG. PAGE
P. ~, C. ~. PALM ~EACH CDUNTY RECDRgS
~ CENTERLINE THIS IS NOT A SKETCH OF SURVEY
R~ISIONS DATE BY CKD FB/PG
LOT
N/A c: Xmw~sX~-5~
DRAWN BY: DATE:
~E~I PER T.D. 3/21/00
4~1 ~ ~
FLORIDA REGIST~ON NO. 5829 CKD. BY: PROJ. FILE:
DASD · GERC~, INC. ~6935 D.M.G. s~-=l (561) 417~1~,
SKETCHAND DESCRIPTION
For: Charlston Build, rs
LEGAL DESCRIPTION:
A STRIP OF LAND LYING WITHIN A PORTION OF LOTS 8, FOXE CHASE, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK ,38, PAGE 1 & 2, OF THE PUBLIC RECORDS
OF PALM BEACH COUNT~, FLORIDA. SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8; THENCE NORTH 88'09'42 WEST,
A DISTANCE OF 179.29 FEET; THENCE NORTH 72'20'12" WEST, A D/STANCE OF 42.72
FEET; THENCE SOUTH 85'2,7'55" WEST, A D/STANCE OF 14.16 FEET TO A POINT ON THE
ARC OF A CURVE CONCAVE TO THE EAST AND TO SAID POINT A RADIAL LINE BEARS
SOUTH 85'06'11" WEST; THENCE SOUTHERLY ALONG SAID CURVE, HAVING A RADIUS OF
2834.79 FEET AND A CENTRAL ANGLE OF O0'14'JJ", AN ARC DISTANCE OF 12.00 FEET;
THENCE NORTH 85.2J'55" EAST, A DISTANCE OF 11.71 FEET; THENCE SOUTH 72'20'12"
EAST, A DISTANCE OF J4.24 FEET; THENCE NORTH 88'52'27" EAST, A DISTANCE OF
189.04 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE LYING AND BEING IN
PALM BEACH COUNTY'j, FLORIDA. CONTAINING 1,497 SQUARE FEET MORE OR LESS.
THIS IS NOT A SKETCH OF SURVEY SHEET2 OF 2
REVISIONS DATE BY CKD FB/PG
LOTS, CHA$£ OATE:
~,~.~. ~/el/oo SURVEYORS Alq'D MAPPEI~
~PZ'ATBOO][$'~PA~ReI&2'P'~'~°~) CKD. BY: PROJ. FILE: ]3~aR~m. Flc~d~33431
Prepared by:RETURN:
Susan A. Ruby, Esq.
CityAnomey'sOffice
200 N.W.I~ Avenue
DelrayBeach, Florida 33444
EASEMEHT DEED
TH]tS INDENTURE, made this day of 1998, by and between
Charlston Builders, LLC '
, with a mailing address
of 2001 W. Sample Rd. #305, Pompano Beach 33064 , party of the first part,
and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray
Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of
the second part:
W1TNESSETH: That the party of the first part, for and in consideration of the sum of
Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said
party of the second part, the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easan~ent for the purpose of: installation and maintenance of public utilities
with full and free right, ,liberty, and authority to enter upon and to install, operate, and maintain
such utilities well under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the second
part3', its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release of any and all
mortgages or liens encumbering this easement. The party, of the first part also agrees to erect no
building or effect an3, other 'kind of construction or improvements upon the above-described
property.
It is understood that upon completion of such installation, all lands disturbed thereby as a
result of such installation or spoilage deposited thereon, will be restored to its original condition
or better without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of ail persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to ~is Easement Deed set their hands and seals
the day and year first above written.
WITNESS #1:
(name printed or typedJ
(name printed or typed)
PARTY OF THE FIRST PART
STATE OF Florida
COUNTY OF Broward
The foregoing instrument was acknowledged before me this 23 day of May , 2000
*~:,o- by _3~harles Mishner (name of person acknowledging), who ~
personally known to mc.st ';,'hc~ .%ns b, odac~d
as identificatio~
EASMENT.DED
SKETCHAND DESCRIPTION
FOL' Charlston Buildem
~ ~ ' I LOT 8
~ I FOX CHASE ~
t ~ 1) ~lS IS NOT A SKETCH OF SURLY
t 2) Bearings shown hereon are based on the North line
of Lot 9. Foxe Chase (P.B. 3B, pg. 1 · 2. P.B.C.R.)
N B8~2'27" E.
5) ~s Sketch and Description is not valM without the
s{gnoture and original raised seal of o Florida L~censed
~ 4) ~e undersigned and DaSd & Gerchar, Inc.. make no
~ representations or guarantees as to the Information
reflected hereon pertaining to easements, rights-of-way,
setback lines, agreements and other matters, and further
this instrument is not int~ded to reflect or set forth
such matters. Such information should be obtained and
confi~ed by others through appropriate title verification,
LEGENp, lands shown hereon were not abstracted for rights-of-way
P. D.B. PDINT DF BEGINNING and/or easements of record.
P, 0. C. PDINT DF CDHNENEEHENT 5) ~is SKETCH & DES~IP~ON consists of two sheets and is
P.D.T. PDINT DF TERHINUS not volM without both sheets.
P. B, PLAT BDDK
~ EENTERL1NE THIS IS NOT A SKETCH OF SURVEY
E~ISIONS DATE BY CKD FB/PG
ZOT
FB/P$: CAD. FILE:
, DRAWN BY: DATE: ·
D~ M, GERCMR FOR T~ FIRM T.D. 5/21/00 ~YO~
FLORI~ REGIST~TION NO. 5829 CKD. BY: PROJ. FILE: ~~al
DASD A GERC~R, INC. ~tBg55 D.U.G. gg-51 (~1) 417~1fl'
(s~l)
SKETCHAND DESCRLPTION
For: Charlston Builders
LEGAL DESCRIPllON:
A STRIP OF LAND LYING ~THIN A PORllON OF LOT 9o FOXE CHASE, ACCORDING TO THE
PLA T THEREOF, AS RECORDED IN PLA T BOOK :78, PAGE 1 ~ 2, OF THE PUBLIC RECORDS
OF PALM BEACH COUNT~, FLORIDA. SAID STRIP BEING DESCRIBED AS FOLLOICS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 88'52'27 14lEST,
A DISTANCE OF 189.04 FEET; THENCE SOUTH 72'20'12" EAST, A DISTANCE OF 8.14 FEET;
THENCE SOUTH 88'09'42" EAST, A DISTANCE OF 181.58 FEET; THENCE NORTH 01'07':7,3'
VVEST, A DISTANCE OF 12.02 FEET TO THE POINT OF BEGINNING. SAID LANDS SI)7.JATE
LYING AND BEING IN PALM BEACH COUNT~, FLORIDA. CONTAINING I,:7:77 SOUARE FEET
MORE OR LESS.
THIS IS NOT A SKETCH OF SURVEY SHEEI'2 OF 2
REVISIONS DATE BY I CKD FB/PG
~CALE: .JOB NO:
~?'T~' 'r~Y"F-~ '~N'T FB/PG: CAD. FILE:
J~OT .9~ FO. ffl~ CH.t~E DRAWN BY: DATE:
[~.u.G. 3/21/oo St,~-.V'E~OR~ AND
~LAT'~I~i~'~*PA~R-qI*$'~P'~'C'R') CKD. BY: PROJ. FILE: 4301Oa~C~A~$~l
Booa ~, Fl~id~ 33431
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D U
M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Barron E. Caronite, PE, Assistant City Engineer~_~
July 18, 2000
Winterplace A P.U.D.
Please find an agenda request for Commission acceptance of easements dedicated to
the City of Delray Beach on the subdivision plat for Winterplace A P.U.D. I have also
enclosed a location map and a reduced copy of the plat. The property lies within the
City's water/sewer service area, but outside the City limits. A water service agreement
was previously approved by Commission. The property is being developed as a 151 lot
residential subdivision.
The plat is being processed through Palm Beach County. One of Palm Beach County's
requirements is that all easements are accepted by the entity they are dedicated to. As
such, the City is required to sign the plat for acceptance of water, sewer, and lift station
easements. If this meets with your approval, please place it on the July 25, 2000
Commission meeting for Commission approval.
Encl.
File:
cc:
TAC:
S:/engad min/tac/winterplace/agmemo.doc
Randall Krejcarek, P.E., City Engineer
Brian Shutt, Assistant City Attorney
VVinterplace
Agenda Item No. ~.~.
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: July 18, 2000
When: July 25, 2000
Description of item (who, what, where, how much):Acceptance of easements
dedicated for the installation of water and sewer facilities on the
Subdivision Plat for Winterplace A P.U.D. Staff comments have been
addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N__O
Recommendation: Staff recommends approval of the Subdivision Plat for
Winterplace A P.U.D. ~~~
Department head signature: 7-/~. oo
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all
funds):
Funding available: YES/NO
Funding alternatives
Account No. & Description
Account Balance
items involving expenditure of
(if applicable)
City Manager Review: ~
Approved for agenda:~/NO
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc: tac-winterplace
file:s/engadmin/tac/winterplace/ag072500.doc
j~
LLIO Y,~i
OZ
I--
b
i
BOYNTONBEACH
CANAL L-50
.... ~Lt_NRISE BOULEVARD
SI
~,~L~._ RIDGE, BgULEVAffD - .
.... SABAL
CANAL L-31
LAKE IDA ROAD
WINTERPLACE A P.U.D.
LOCATION MAP
~ooo-~oJ
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~'/'] ~ - REGUI.AR MI~.F. TING OF JULY 25, 2000
FIRST AMENDMENT TO INTERLOCAL AGREEMENT/WEED & SEED
PROGRAM
DATE: JULY 19, 2000
In September, 1999, the City and County entered into an interlocal agreement where the responsibility
for the management, operations and staff of the Countywide Administrative Component of the Weed
and Seed Program was transferred from the Palm Beach County Sheriff's Office to the City, with the
City serving as the fiscal agent for the program. The County reimburses the City for program
expenses from federal Local Law Enforcement Block Grant funds.
The item before the Commission is the First Amendment to the Weed and Seed interlocal agreement.
It extends the agreement through fiscal year 2001 (October 1, 2000 through September 30, 2001) and
also establishes the program budget for tkis period. The amendment has been reviewed and
approved as to form and legal sufficiency by the City Attorney's Office.
Recommend approval of the First Amendment to Interlocal Agreement for the Weed and Seed
Program.
Ref:Agmemol 1.Extension of Weed & Seed Program Interlocal Agreement
City of Deiray Beach Police Department
MEMORANDUM
DATE: July 11, 2000
TO: Chief Richard Overman
FROM~ ~egenia H. Scott, Executive Director
~ *' PBC Weed and Seed
SUBJECT: Inter-local Agreement for FY2001
Attached is the First Amendment To Interlocal Agreemem between the City of Delray
and Palm Beach County. Under this agreement the City will continue to serve as our
fiscal agent until September 30, 2001.
Your assistance is requested in placing this agreemem on conaeat ~Tueada~,
]~V~25~ 2000 f~K C.i,t¥ Commission approval. I am attachiff~tWo (2) original copies t~at
~gned by the Mayor or an authmi~'cd represemative. Once signed, both copies
must be forwarded to the Criminal Justice Commission (CJC) to obtain the Board of
County Commissioners approval at its board meeting on the same date.
Upon obtaining the City Commission approval, I wi~}mnOdetiv~ origin~t~:
If additional information is needed, please call me at ext. 7070.
As always, I truly appreciate your support.
-'r'o, Kenaro-
Attachment 2
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
THIS FIRST AMENDMENT, dated , 2000 to thc A~reement (R-99-1775-D) of
September 28, 1999, by and between the City of Delray Beach, (hereinafter referred to
as ~CITY') and Palm Beach County, a political subdivision of the State of Florida,
(hereinafter referred to as ~COUNTY'), each one constituting a public agency as defined
in Part I of Chapter 163, Florida Statutes.
wITNESSETH:
WHEREAS, the parties have entered into the Agreement of September 28, 1999
under which the CITY agreed to serve as the fiscal agent for the Countywide
Administration Component of the Weed and Seed Program; and
WHEREAS, the COUNTY agreed to reimburse the CITY from federal Local Law
Enforcement Block Grant (LLEBG) funds for the salaries, benefits, and operating
expenses for the Program as more specifically set forth in Exhibit ~A'; and
WHEREAS, the term of said Agreement was from September 25, 1999 through
September 30, 2000; and
WHEREAS, the budget set forth in ~Exhibit A' was based on an ~mount not to
exceed $300,000; and
WHEREAS, the parties mutually desire to extend the Agreement until September
30, 2001.
NOW, THEREFORE, in consideration of the mutual covenants and agreement
expressed herein, the coUNTY and CITY agree as follows:
1. Section 1.2. Term of Agreement, September 30, 2000 is amended to provide
that the Agreement shall continue until September 30, 2001.
2. The budget as set forth in 'Exhibit A' is amended to reflect a total amount not
to exceed $283,490.
3. The total amount to be paid by the COUNTY under this First Amendment for
eligible expenses set forth in 'Exhibit A', shall not exceed One Hundred
Twenty Thousand Dollars ($120,000) from the FY2001 Local Law Enforcement
Block Grant (LLEBG) funds, Sixty Thousand Dollars ($60,000) from the Drug
Control and System Improvement Grant (DCSI) funds, up to Forty Thousand
Dollars ($40,000) from future LLEBG interest earnings and the remaining
funds from the Palm Beach County Friends of Weed and Seed, Inc., and other
All other provisions of said Agreement are hereby confirmed, and except as
provided herein are not otherwise altered or amended. All the terms and cond/tions of
the Agreement of December 21, 1999, are 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.
In WITNESS WHEREOF, the parties, by and through their duly authorized agents,
have hereunto set their hands and seal.
ATTEST:
DOROTHY H. WILKEN, Clerk
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS:
BY:
Deputy Clerk
BY:
Chair
WITNESSES:
CITY OF DELRAY BEACH
BY:
Print Name:
Title:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
County Attorney
Countywide Administration Component of the
Weed and Seed Program
Budget for the Period: October 1, 2000 to September 30, 2001
I. S~luries and Benefits
$240,040
Salaries
Executive Director Position: $32.30 per hour X 2080 =
$67,170
Senior Site Planner Position: $20.82 per hour X 2080 =
$43,300
Financial Analyst Position: $17.28 per hour X 2080 =
$35,930
Community Restoration Coordinator Position: $13.91 per hour X 2080 = $28,930
Administrative Secretary Position: $12.05 per hour X 2080 hours =
~u~ Total
$25,050
$2oo,3so
*Salaries include a 3.5% COLA increase effective 10/1/2000.
~nc. flts
Fica/Medicaire
ICM / Retirement
Life Insurance
Disability Insurance
Health Insurance
Worker's Compensation
Unemployment Insurance
Employment Assistant Program
~'~KTotal
$15,130
$ 9oo
$ 770
$ 2,500
$14,570
$ 5,430
$ 140
$ 220
$39,660
*Benefits are calculated based on: 6.2% FICA, 1.45% medicaire, plus retirement/ICMA,
life/health insurance and worker's compensation, and other optional employee benefits.
lie
Expenses
Travel/Training
Telephone Expense
Postage
Express Marl
Portable Phone/Beeper
Building/Rental/Leases
Office Equipment Repair/Maintenance
Subscriptions, Books, Publications
Membership Fees
Printing/Binding/Graphic Services
Special Events/Employee Recognition
Office Supplies/Stationary/Forms
Office Equipment
Contractual Services
Training/Other Educational Costs
$43,450
$ 2,600
$ 600
$ 2,750
$ 200
$ 100
$16,600
$ 1,000
$ 500
$ 50o
$ 4,5OO
$ 800
$ 2,000
$ 500
$1o,oo0
$ 800
III TOTAL BUDGET $283,490
[IT'q/OF OELRR¥ BER[H
CITY ATTOFiI ,'EY'S OFFICE
DELRAY BEACH
1993
DATE: July 17, 2000
TO: City Commission
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-709
MEMORANDUM
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Resolution (Money Purchase Plan or Trust)
The City adopted Resolution 17-97 in 1997 establishing and implementing a Money
Purchase Plan/Trust (40lA) Plan. We have received information that due to changes in the
law, certain nondiscrimination tests are not now required for public sector plans.
Therefore, we need to adopt the restated--~odel Plan set forth in Exhibit C to this
Resolution 51-00. Further, in addition to adopting the new restated plan we need to adopt
the modified adoption agreement, which also modifies the eligibility list of participating
employees as set forth in Exhibit A and B thereto.
Our office requests that this Resolution be placed on the City Commission July 25, 2000
agenda for approval.
Please call if you have any questions.
Attachment
Cc:
Joe Safford, Finance Director
Milena Walinski, Assistant Finance Director
Sherry Muehlberg, Administrative Manager
Alison MacGregor Harty, City Clerk
RESOLUTION NO. $1-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DRLRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 17-97
BY AMENDING THE LIST OF ELIGIBLE EMPLOYEES IN EXI4IBIT
"A" AND EXHIBIT "B' OF SAID RESOLUTION TO INCLUDE Ail.
EMPLOYEES RI.!GIBLE FOR THE CITY'S 3% MANAGEMENT
MATCH PROGRAM; ADOPTING THE RESTATED ICMA-RC MODEL
GOVERNMENT PLAN; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach (the "Cit~'), in addition to already established plans,
established a Money Purchase Plan and Trust (Plan) for certain e[gible management match employees as
designated in Exhibit "A" to Resolution No. 17-97; and
WHEREAS, the City still desires that the money purchase retirement plan be administered
by the ICMA Retirement Corporation and that the funds held under such Plan be invested in the ICMA
Trust, a Trust estabhshed by pubhc employers for the investment of funds; and
WHEREAS, the City still desires to provide a matching contribution for eligible employees
as shown in the amended adoption agreement, subject to state and federal laws; and
WHEREAS, however, the City desires to amend Exhibits "A" and "B" of Resolution No.
17-97 and hereby includes a new Exhibit "A" and Exhibit "B" to this resolution listing certain eligible
management match employees; and
WHEREAS, certain amendments to the U.S. Internal Revenue Code Tax Page Relief Act of
1997 have been enacted exempting public sector qualified retirement plans from nondiscrimination test
requirements; and
WHEREAS, in addition to the changes to Exhibits "A" and "B" describing the eligible
management match employees, the City is also adopting the Restated ICMA-RC Model Government Plan
and Trust.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City established a money purchase retirement plan (the "Plan") by
adopting Resolution No. 17-97 in the form off The ICMA Retirement Corporation Prototype Money
Purchase Plan and Trust, pursuant to the provisions of the adoption agreement as set forth in Exhibit "B"
attached thereto, and the City hereby adopts modified Exhibits "A", "B" and "C", as attached hereto.
Section 2. That the City continues to contribute a three percent (3%) match to the Plan for
participating eligible match employees. The participating eligible employees are described in the attached
Exhibits "A" and "B".
Section 3. That the City hereby adopts the Restated ICMA-RC Model Government Plan
and Trust as set forth in Exhibit "C".
Section 4. That the City hereby agrees to continue to serve as trustee under the Plan and to
invest funds held under the Plan in the ICMA Retirement Trust.
Section 5. That the City Manager shall continue to cast, on behalf of the Employer, any
required votes under the ICMA Retirement Trust, execute all necessary agreements with the ICMA
Retirement Corporation incidental to the administration of the Plan, may receive all reports and notices
from the ICMA Retirement Corporation, and may delegate any administrative duties.
PASSED AND ADOPrlsD in rega,l.r session on this the 25e~ day of july, 2000.
MAYOR
A'rrPsST:
City Clerk
- 2 - Res. No. 51-00
E~HIBIT A
ICMA 3% MANAGEMENT MATCH PROGRAM
SCHEDULE OF ELIGIBLE MANAGEMENT AND KEY EMPLOYEE POSITIONS
o (April 1999)
ADMINISTRATIVE SERVICES
Assistant City Manager
Deputy Director of Public Works
Building Maintenance Supe. rintendent
Streets Superintendent
CITY ATTORNEY'S OFFICE
City Attorney
City Attorney II
City Attorney I
CITY CLERK'S OFFICE
City Clerk
Deputy City Clerk
CITY MANAGER'S OFFICE
City Manager
COMMUNITY IMPROVEMENT
Director of Community Improvement
Building and Inspection Administrator
Code Administrator
Community Development Coordinator
Deputy Building Official
Horticulturist
ENVIRONMENTAL SERVICES
Director of Environmental Services
City Engineer
Deputy Director of Public Utilities
Deputy Direct~'r of Construction
Water/Sewer Network Superintendent
Water Treatment Plant Superintendent
Maintenance Superintendent
Environmental Compliance Manager
Assistant Construction Manager
Assistant City Engineer
FINANCE
Director of Finance
Assistant Finance Director
MIS Manager
Risk Manager
Utilities Customer Service Manager
Treasurer
Budget Administrator
Administrative Manager
Purchasing Supervisor
Technical Services Administrator
Senior Programmer/Analyst
Network Engineer
FIRE
Fire Chief
Assistant Fire Chief
Division Chief/Professional Training
Divison Chief/EMS
Division Chief/Fire Safety
Battalion Chief
Administrative Officer
HUMAN RESOURCES
Director of Human Resources
Human Resources Administrator
Training and Development Manager
PARKS AND RECREATION
Director of Parks and Recreation
Assistant Parks and Recreation Director
Recreation Superintendent
Parks Superintendent
Beach Supervisor
PLANNING AND ZONING
Director of Planning and Zoning
Principal Planner
POLICE
Police Chief
Police Major
Police Captain
Police Lieutenant
Administrative Services Director
Assistant City Attorney/Police Legal
Assistant Director Support Services
Communications Manager
EXHIBIT B
COVER.HI~ENTAi. IMON~y PURCHASE P£.AH & TRUST
~cDOPTION AGRI~MElqT
The Ernploygr hen'.by establishes a Money Purchuc Plan and Trust to bc known as
CITY OF D~3~RAY BEACH
This Plan is im ammdmrn, and re. statement of an existing de~ned con~ibution money purc~.~g
pla~
x Yes No
If yes, please sp~c fy ~te name of'the defined conm'bution money purcI,,,~e pla~ which ~his Plan
hereby ~mcnd~ a~, I ~cst~tcs:
CITY OF DELRAY BEACH 40lA PLAN
Employer: CITY OF DELRAY BEACH
Thc F:~ective DaTe of~e PI~ ~11 ~ ~e fi~ ~ of~e P{~ Y~ d~ng ~ch ~
Employer ~opts ~ Pl~, ~[ess ~ ~xemate Effc~ve Dau ~ h~eby ~ifi~: 10/01/1996
IlL
IV.
V.
Plan Ye a~ will mea~n:
~ ) Thc twelve (121 consecutive month period which coincidcs with thc
limitation year. (See Seczlon ~.04(i) o£thc Plan.)
TI~ ~elvc (12) consecutive month period commencing an
10/01 and e~ch ~mnivcrsary ~hereo£
. (nm to exceed age 6~).
Normal Retirement Age shall b~ age =55
ELIGIBILrI'Y RIi. QUII~MEICTS:
1
The following group or groups of Employe~s are eligible to pa~icipate tn thc
Plan
All ~ployees
MPP &d~t~n Agr.~:,.icnr 03~$/98
All Pull-Timc F-mployces
Salaried l~mployees
Non-union ~:mployces
. ~ Ma,'s~emeat ~mployees
.,, _ Public Sagery Employees
__ General Employees
x Other (specify b:low)
E].tg~tble man~§emenr emp].oyees as de$t§nated '~n
~so.Lut~.on 17-9/~ as amenaea ny' ~eso]_ut:ton 51-00
:Thc group specified ,.~,d__a.s suchj~nay be mnergl~d from l::L~e tO t~e.
· .,.~, ,-~rresponc: to a group o! tlae ~rne aesir-air, oil rn~t is
defined in Lk.e statutes, orcLL'~nces, rules, regLllat~¢, personnel ZTia~U~]S or
other matez~ai in e~reet in the s~ce or locality often l~mployer.
The Employer hereby v,-a]ves c~ ~'duces thc ~quL, ement ora ~lve (12)
mon~ p~ orS~ce for ~Mgon. ~e ~qui~d P~ ofS~ce s~]
be ~ (~ N/A if an ~ployee is eligible ~ p~ci~ ~n
~plo~em).
If this waiver or reduction is elected, it shall apply m ~I1 Employees within
Covered Employment Cl~ceificacion.
~hminimurn age rcqui .r~ent is berth? specified for eligibility to participate.
e minimum age reqmr~ment is~/A (not tO exceed age 21. Write NIA if
no rmmmum age is dcclazed.)
VI.
CON' FR~B UTION PROVJS fONS
1 Thc Employer shall con~bute as follows (choose one):
fixed Employer Contributions With Or Without
Mandatory Participant Conlributinns.
The Employer shall contribute on behalf of each Participant
.,3.00 5ca of ~zrdngs or $__ for V~e Plan Year (sub~cc~ to ~te
limitations of~cle V
~n~C PI~}. E~h ~cip~ ~
~mred m con. brae . ~' ~ of ~ngs
or $_ for zhc Plan Year as a condizion of panlcipa~ion in the
Plan. {Write *0" ifno contribution is require,4.) IfPa~-ticipa. nt
Cont:~bmions are rcquired under this option, a Participm-,t shall
not have ~.c righ~ to discontinue or vary the rate of such
cont~burions after becoming a Plan Participant.
Thc Employer he. by elects to "pick up' ~u~
Mandatory/Required Participant Contribution.
2
()
Yes No
[Note to Employer: A determ;nafion lener issued to ~
adop~g Employ~ h not a ~ing by ~e ~le~ Re,nut
~plo~er ~c out inclu~ble ~ ~e P~icip~fs ~ss ~c~e
for ~de~ ~mc ~ ~s. ~e Empioy~ ~y ~ ~h
a ~ing.
Picked up contribuTio~ a~ excludable from ~he Pankip~nt's
gross income under section 414(h)(2) ofthe Inr~rnal Revenue
Code of 191t6 only if they m~et ~he l~:luiremm~s of Rev. Rttl.
gl-Si. Iggl-! C.B. 255. Those t~quirerne~ts are (I) that ti~
Employ=r must specify that the contributions, al'hough des-
ignored as employee con~ributiov~ are bein~ paid by the
Employer in lieu of con~t'ib~ti,~ns by the employee: and (2) th~
employee m~st not have thc optlon of r~ceiv/~g the c~ncr/but=d
ameun~s directly instead of herini them paid by h'~ Emplw/er
to the plan.]
Fixed Employer Mat£b of Participant Contributions.
The Employer shall conlrib~e on behal£ofea~h Pm'ticipam
% of I:-~mings for the Plan Year (subject m the limi~Tions
of Article V orr. he Plan) for each Plan Year ~hat s~-h
Pamclpant bas conh-ibut=d. % of Earnings or $ . Under
th. is option, ther~ is a single, fixed tale of Employ~
contributions, but a Participant ma), d~-cline to make ~
rcqulred Participant contributions in any Plan Year, in ad, ich
case no F..mploy~ contribution will bt: made an the Ptrficipant's
bch;tlfln that Plan Year.
Variable Employer Match Of Participant Contributions.
Thc Employer shall comribute on behalf of each Participant an
amount d~'n'nined as follow~ [subject to the limi~t/,,,~- of
Article V of the Plan):
% of the comzibutions made by the Panlcipant for tl~
Pla~ Year (~ot includiug Participant cnntributions ~'"""~;ql~
% of' Earnings or S );
PLUS. ,, % of the conuibutions made by the Participant for
the Plan Year in excess ofthosc included in thc above per, zaph
~u[ not including ParTicipant contributions ex,.~ in thc
aggr~§atc ___~% of Em'nings or $ ).
3
Each Paraqpant may mak~ a volumz~ (mm~tcbed~, ~r-tax conm~mi~.
~bjcc: m ~c [imimfio~ algerian 4.05 ~d ~clc V of~e P~.
x y~
Emplo¥cr. conn-ibutions and Participant con~ibutions sl~ll be
thl~_~yKcorgancc wi~ t~e follov4~g psymem schedule: camribumd to
vii. EAR~4INGS
P. ami:'~gs, ~.s d~fined trader Sec'Zion 2.09 of'the Phm, droll inclu~::
(a) Ovcr~ime
-.-. Y~ x No
t'b) Bonuses
_ Y~s
x No
VIII. L/MTrATION ON ALLOCATIONS
....... y u~, r-raP?yet, t~e pmv~smns of Section 5.02(a) zhruugh (f) of'
mc r Jan ~]l al~fy Unless mmther method }ms bee~ imlicated below.
()
O~hcr Method. ('Provide the method under whleh thc phns will
limit t~ml Annu~/.Additions [o thc l~.irnum Permissible
AmOLmL ~d will Pml~Tly r~duce m~y ~xccss amount~ in a
manner tha~ i:~clud~s ~'nploytr discTtzion.)
MPP Adoption Agr,~mznt 03~5191
4
If the ParticiPant i~ or hts ever b~,. · ~p~t
main~cd by ~e E~I~, ~d ff~c
wo~d ~ exceeded, ~ ~c P~ci~t~s ~ojccmd
defined benoit pl~ ~I ~ ~d~ed
zhe e~nt nccc~-~ m ~is~ ~h I~;~ H~ch pl~ do~ ~z p~dc
for ~ch ~d~tio~ or if~c lift. on is ~11 ~cecd~ ~ ~e ~ductio~
dcscNbcd ~ Scctio~ 5.02 ~d 5.0~. ~ ~o~ of evoi~g ~ ~m6on
described N ~s ~ph ~I1 not sppl~ if~c Employer ~i~
me.od below.
Other Method. (lq'otc to
which v,'ill salis~
Code Such hlngua§e must preclud,' £mplol~-r disc-retina.
section 1.415-I ofll'~ Regulations f¢,r gmidancc.)
3. Thc hm~ta~ion year is the following 12~:onsecutivc month period:
VES~'ING PROVISIONS
Thc ~.mplo.ver hereby spec~t~es thc followin~ vesting schc~.ule, subject to (!)
mimr~um vcszing requirements a.s noted a~d (2) The concurrence of the ptan
Admi ni~tza~m.
Years of
Service Percent
ComPleted Vestin.a
Five
Six
Seven
E~ght
Nine
Ten
MPP Adap(ion Ag~men!
X. IIL
I.oans ~.'e permitted under the Plan. as F~,~eided in Article XIII:
Yei x No
'f'nc l:,,,~:loycr hereby attests that it is a unit of state or local government or an agency
or in.~r~,mentality ofone or more units of'state or local government.
Tim Pla:t. Ag. rninis~ralor hereby agrees to inform the Employer oirany n,n,mdmeuts tn
the Plan inadc pursuant to Sectinn 14.05 of the Plan or of the discotagnuan~ or
abandonment of the Plan.
The Em~loyer hereby appoints thc ICMA Rgt/z~mc-nt Corporation as the Plan
Aclmini.,..trator pursuant to thc mx'ms and conditions of the ICMA R.ETIR,EIV[ENT
CORPC} RATION GOVERNI~-NTAI_ MONEY PU'RCI-IASE PLAN & TRUST.
Thc Em-~loyer hereby agrees lo the provisions of the Plan and Trust.
Thc F-,~!~loyer hereby acknowledges it unclerstands that failure to imsPerly fill ore this
Adopt. ia n Agreement may result in disqualification of thc Plan.
.an ad'~lting Empl0ye~ may not r~ly on a determination lgv. cr issued by the Natlonal or
District Office of thc lnten, ml Revenue Service as evidemce thal the Plan is qualified
under set,init 401 of the Internal Revenue Code. In order to obtain r~liaz~ with
spect to plan qualification, the Employer must apply to the apprapri~te key dis'lzi~
office fcr a c[ct~'rmnatlon lener.
In Witness Whereof'. thc Employer hereby causes this Agog'men! to be executed on this
day of , 19..~
EMPLOY'ER
Accepted: ICIM~. ILETIR~I~ENT CORPOR,~TION
By: By:
Tit]c: Title:
,~,.t'les'r.: At'test:
EXHIBIT C
GOVERNMENTAL MONEY PURCHASE
PLAN & TRUST
EMPLOYER PLAN
RETAIN BOOKLET
ICMA RETIREMENT CORPORATION
The public service Vantagepoint® since 1972
USING THIS DOCUMENT
Governmental Money Purchase Plan & Trust Basic Document
Internal Revenue Service Determination Letter
and Publication 794
. and
Declaration of Trust of the ICMA Retirement Trust
This is one of two booklets containing information relating to your Governmental Money Purchase Plan & Trust
with the ICMA Retirement Corporation. Please read the information and retain it for your flies. If you have
any questions concerning information in this booklet, contact Customer Services toll-free at 1-800-326-7272.
ICMA R. ETli~EMENT COP-POi~ATION
GOVERNMENTAL MONEY PURCHASE
PLAN & TRUST
BASIC DOCUMENT
Table of Contents
III.
PURPOSE ...................................................... 1
DEFINITIONS ................................................... 1
2.01. Account 1
2.02 Accounting Date 1
2.03 Adoption Agreement 1
2.04 Beneficiary 1
2.05 Break in Service 1
2.06 Code 1
2.07 Covered Employment Classification 2
2.08 Disability 2
2.09 Earnings 2
2.10 Effective Date 3
2.11 Employee 3
2.12 Employer 3
2.13 Hour of Service 3
2.14 Nonforfeitable Interest 3
2.15 Normal P~efirement Age 3
2.16 Participant 3
2.17 Period of Service 4
2.18 Period of Severance 4
2.19 Plan 4
2.20 Plan Administrator 4
2.21 PlanYear 4
2.22 Trust 4
ELIGIBILITY .................................................... 4
3.01 Service 4
3.02 Age 4
3.03 Return to Covered Employment Classification 5
3.04 Service Before a Break in Service 5
MPP 04/30/2OOO
VI.
CONTRIBUTIONS ............................................... 5
4.01 Employer Contributions 5
4.02 Forfeitures 5
4.03 Mandatory Participant Contributions 5
4.04 Matched Participant Contributions 5
4.05 Voluntary Participant Contributions 6
4.06 Deductible Employee Contributions 6
4.07 Military Service Contributions 6
4.08 Changes in Participant Election 6
4.09 Portability of Benefits 6
4.10 Return of Employer Contributions 7
LIMITATIONS ON ALLOCATIONS ................................ 7
5.01 Participants Only in This Plan
5.02 Participants in Another Defined Contribution Plan
5.03 Participants in a Defined Benefit Plan
5.04 Definitions
7
8
10
10
TRUST AND INVESTMENT ACCOUNTS .............................. 13
6.01 Trust 13
6.02 Investment Powers 13
6.03 Taxes and Expenses 15
6.04 Payment of Benefits 15
6.05 Investment Funds 15
6.06 Valuation of Accounts 16
6.07 Participant Loan Accounts 16
VII. VESTING ...................................................... 16
7.01 Vesting Schedule 16
7.02 Crediting Periods of Service 16
7.03 Service After Break in Service 16
7.04 Vesting Upon Normal Retirement Age 17
7.05 Vesting Upon Death or Disability 17
7.06 Forfeitures 17
7.07 Reinstatement of Forfeitures 17
VIII. BENEFITS CLAIM ................................................ 18
8.01 Claim of Benefits 18
8.02 Appeal Procedure 18
IX.
XI.
XII.
COMMENCEMENT OF BENEFITS ................................... 18
9.01 Normal and Elective Commencement of Benefits
9.02 Restrictions on Immediate Distributions
9.03 Transfer to Another Plan
9.04 De Minirnis Accounts
9.05 Withdrawal of Voluntary Contributions
9.06. Withdrawal of Deductible Employee Contributions
9.07 Latest Commencement of Benefits
18
18
19
20
21
21
21
DISTRIBUTION REQUIREMENTS ................................... 21
10.01 General Rules
10.02 Required Beginning Date
10.03 Limits on Distribution Periods
10.04 Determination of Amount to be Distributed EachYear
10.05 Death Distribution Provisions
10.06 Definitions
21
21
21
22
22
24
MODES OF DISTRIBUTION OF BENEFITS ............................ 25
11.01 Normal Mode of Distribution 25
11.02 Elective Mode of Distribution 25
11.03 Election of Mode 25
11.04 Death Benefits 25
SPOUSAL BENEFIT REQUIREMENTS ................................ 26
12.01 Application
12.02 Qualified Joint and Survivor Annuity
12.03 Qualified Preretirement Survivor Annuity
12.04 Notice Requirements
12.05 Definitions
12.06 Annuity Contracts
Xlll. LOANS TO PARTICIPANTS ........................................
13.01 Availability of Loans to Participants
13.02 Terms and Conditions of Loans to Participants
13.03 Participant Loan Accounts
26
26
26
26
28
29
29
29
30
32
MPP 04/30/20~0
iii
XIV. PLAN AMENDMENT, TERMINATiON AND OPTIONAL PROVISIONS ......
14.01 Amendment by Employer
14.02 Amendment of Vesting Schedule
14.03 Termination by Employer
14.04 Discontinuance of Contributions
14.05 Amendment by Plan Administrator
14.06 Optional Provisions
XV. ADMINISTRATION ..............................................
15.01 Powers of the Employer
15.02 Duties of the Plan Administrator
15.03 Protection of the Employer
15.04 Protection of the Plan Administrator
15.05 Resignation or Removal of Plan Administrator
15.06 No Termination Penalty
15.07 Decisions of Plan Administrator
.33
33
33
33
34
34
34
34
34
35
35
35
36
36
36
XVI. MISCELLANEOUS ............................................... 36
16.01 Nonguarantee of Employment 36
16.02 Rights to Trust Assets 36
16.03 Nonalienation of Benefits 36
16.04 Qualified Domestic P<elations Order 36
16.05 Nonforfeitability of Benefits 37
16.06 Incompetency of Payee 37
16.07 Inability to Locate Payee 37
16.08 Mergers, Consolidations, and Transfer of Assets 37
16.09 Employer R. ecords 38
16.10 Gender and Number 38
16.11 Applicable Law 38
ICMA RETIREMENT CORPORATION
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
BASIC DOCUMENT
I. PUB. POSE
II.
The Employer hereby adopts this Plan and Trust to provide funds for its Employees' retirement,
and to provide funds for their Beneficiaries in the event of death. The benefits provided in this
Plan shall'be paid bom the Trust. The Plan and the Trust forming a part hereof are adopted and
shall be maintained for the exclusive benefit of eligible Employees and their Beneficiaries. Except
as provided in Sections 4.10 and 14.03, no part of the corpus or income of the Trust shall revert to
the Employer or be used for or diverted to purposes other than the exclusive benefit of Partici-
pants and their Beneficiaries.
DEFINITIONS
2.01
2.02
2.03
2.04
Account. A separate record which shall be established and maintained under the Trust for
each Participant, and which shall include all Participant subaccounts created pursuant to
Article IV, plus any Participant Loan Account created pursuant to Section 13.03. Each
subaccount created pursuant to Article IV shall include any earnings of the Trust and adjust-
ments for withdrawals, and realized and unrealized gains and losses allocable thereto. The
term "Account" may also refer to any of such separate subaccounts.
Accounting Date. Each day that the NewYork Stock Exchange is open for trading, and
such other dates as may be determined by the Plan Administrator, as provided in Section
6.06 for valuing the Trust's assets.
Adoption Agreement. The separate agreement executed by the Employer through which
the Employer adopts the Plan and elects among the various alternatives provided thereunder,
and which upon execution, becomes an integral part of the Plan.
Beneficiary. The person or persons designated by the Participant who, subject to the re-
quirements of Article XII, shall receive any benefits payable hereunder in the event of the
Participant's death. The designation of such Beneficiary shall be in writing to the Plan
Administrator. A Participant may designate primary and contingent Beneficiaries. Where
no designated Beneficiary survives the Participant, the Participant's Beneficiary shall be his/
her surviving spouse or, if none, his/her estate.
2.05 Break in Service. A Period of Severance of at least twelve (12) consecutive months.
In the case of an individual who is absent bona work for maternity or paternity reasons, the
twelve (12) consecutive month period beginning on the first anniversary of the first date of
such absence shall not constitute a Break in Service. For purposes of this paragraph, an
absence from work for maternity or paternity reasons means an absence (1) by reason of the
pregnancy of the individual, (2) by reason of the birth of a child of the individual, (3) by
reason of the placement of a child with the individual in connection with the adoption of
such child by such individual, or (4) for purposes of caring for such child for a period
beginning immediately following such birth or placement.
2.06
2.07
2.08
2.09
Code. The Internal Revenue Code of 1986, as amended from time to time.
Covered Employment Classification. The group or groups of Employees eligible to make
and/or have contributions to this Plan made on their behalf, as specified by the Employer in
the Adoption Agreement.
Disability. A physical or mental impairment which is of such permanence and degree that,
as determined by the Employer, a Participant is unable because of such impairment to
perform any substantial gainful activity for which he/she is suited by virtue of his/her
experienc'e, training, or education and that has lasted, or can be expected to last, for a con-
tinuous period of not less than twelve (12) months, or can be expected to result in death.
The permanence and degree of such impairment shall be supported by medical evidence. If
the Employer maintains a long-term disability plan, the definition of Disability shall be the
same as the definition of disability in the long-term disability plan.
Earnings.
(a)
General Rule. Earnings, which form the basis for computing Employer Contribu-
tions, are all of each Participant's W-2 earnings which are actually paid to the Partici-
pant during the PlanYear, plus any contributions made pursuant to a salary reduction
agreement which are not includible in the gross income of the Employee under
section 125,402(e)(3), 402(h)(1)(B), 403(b), 414(h)(2), or 457CO) of the Code. Unless
the Employer elects otherwise in the Adoption Agreement, Earnings shall exclude
overtime compensation and bonuses.
Co)
Limitation on Earnings. Notwithstanding the foregoing, effective as of the first Plan
Year beginning on or after January 1,1989, and before January 1, 1994, the annual
Earnings of each Participant taken into account for determining all benefits provided
under the Plan for any PlanYear shall not exceed $200,000.This limitation shall be
adjusted by the Secretary of the Treasury at the same time and in the same manner as
under section 415(d) of the Code, except that the dollar increase in effect on January
1 of any calendar year is effective for years beginning in such calendar year and the
first adjustment to the $200,000 limitation is effective on January 1,1990.
For PlanYears beginning on or after January 1, 1994, the annual Earnings ot each
Participant taken into account for determining all benefits provided under the Plan
for any PlanYear shall not exceed $150,000, as adjusted for increases in the cost-of-
living in accordance with section 401(a)(17)(t3) of the Code. The cost-of-living
adjustment in effect for a calendar year applies to any determination period begin-
ning in such calendar year.
Ifa determination period consists of fewer than twelve (12) months, the annual
Earnings limit is an amount equal to the otherwise applicable annual Earnings limit
multiplied by a fraction, the numerator of which is the number of months in the
short determination period, and the denominator of which is twelve (12).
2.10
If Earnings for any prior determination period are taken into account in determin-
ing a Participant's allocations for the current PlanYear, the Earnings for such prior
determination period are subject to the applicable annual Earnings limit in effect for
that prior year. For this purpose, for years beginning on or after January 1, 1989, the
applicable annual Earnings limit is $200,000. In addition, in determining allocations
in PlanYears beginning on or after January 1,1994, the annual Earnings limit in
effect for determination periods beginning before that date is $150,000.
(c)
Limitations for Governmental Plans. In the case of an eligible participant in a
governmental plan (within the meaning of section 414(d) of the Code), the dollar
limitation shall not apply to the extent the Earnings which are allowed to be taken
into account under the Plan would be reduced below the amount which was al-
lowed to be taken into account under the Plan as in effect on July 1, 1993. For
purposes of this Section, an eligible participant is an individual who first became a
Participant in the Plan during a PlanYear beginning before the first PlanYear begin-
ning after December 31, 1993.
Effective Date. The first day of the PlanYear during which the Employer adopts the Plan,
unless the Employer elects in the Adoption Agreement an alternate date as the Effective
Date of the Plan.
2.11
2.12
2.13
2.14
2.15
2.16
Employee. Any individual who has applied for and been hired in an employment position
and who is employed by the Employer as a common law employee; provided, however, that
Employee shall not include any individual who is not so recorded on the payroll records of
the Employer, including any such person who is subsequently reclassified by a court of law
or regulatory body as a common law employee of the Employer. For purposes of clarifica-
tion only and not to imply that the preceding sentence would otherwise cover such person,
the term Employee does not include any individual who performs services for the Employer
as an independent contractor, or under any other non-employee classification.
Employer. The unit of state or local government or an agency or instrumentality of one (1)
or more states or local governments that executes the Adoption Agreement.
Hour of Service. Each hour for which an Employee is paid or entitled to payment for the
performance of duties for the Employer.
Nonforfeitable Interest. The interest of the Participant or his/her Beneficiary (whichever is
applicable) in that percentage of,his/her Employer Contribution Account balance which has
vested pursuant to ArticleVII. A Participant shall, at all times, have a one hundred percent
(100%) Nonfoffeitable Interest in his/her Participant Contribution, Portable Benefits, and
Voluntary Contribution Accounts.
Normal Retirement Age. The age which the Employer specifies in the Adoption Agree-
ment. If the Employer enforces a mandatory retirement age, the Normal Retirement Age is
the lesser of that mandatory age or the age specified in the Adoption Agreement.
Participant. An Employee or former Employee for whom contributions have been made
under the Plan and who has not yet received all of the payments of benefits to which he/she
is entitled under the Plan. A Participant is treated as benefiting under the Plan for any Plan
Year during which the Participant received or is deemed to receive an allocation in accor-
dance with Treas. Reg. section 1.410Co)-(3)(a).
-'.17
Period of Service. For purposes of determining an Employee's initial or continued eligibility
to participate in the Plan or the Nonforfeitable Interest in the Participant's Account balance
derived from Employer Contributions, an Employee will receive credit for the aggregate of
all time period(s) commencing with the Employee's first day of employment or reemploy-
ment and:ending on the date a Break in Service begins. The first day of employment or
reemployment is the first day the Employee performs an Hour of Service. An Employee
will also receive credit for any Period of Severarice of less than twelve (12) comecutive
months. Fractional periods of a year will be expressed in terms of days.
Nonvithstanding anything to the contrary herein, if the Plan is an amendment and restate-
ment ora plan that previously calculated service under the hours of service method, service
shall be credited in a manner that is at least as generous as that provided under Treas. Regs.
section 1.410(a)-7(g).
2.18
Period of Severance. A continuous period of time during which the Employee is not
employed bx.' the Employer. Such period begins on the date the Employee retires, quits or is
discharged, or if earlier, the twelve (12) month anniversary of the date on which the Em-
ployee was otherwise first absent from service.
2.19 Plan. This Plan, as established by the Employer, including any elected provisions pursuant to
the Adoption Agreement.
2.20 Plan Administrator. The lC/VIA Retirement Corporation or any successor Plan Administra-
tor.
2.21 Plan%ar. The tweh, e (12) consecutive month period designated by the Employer in the
Adoption Agreement.
:.22
Trust. The Trust created under ArticleVl of the Plan which shall consist of all of the assets of
the Plan derived from Employer and Participant contributiom under the Plan, plus any
income and gains thereon, less any losses, expenses and distributions to Participants and
Beneficiaries.
III. --I IGIBILITY
Sen'ice. Except as provided in Sections 3.02 and 3.03 of the Plan, an Employee within the
Covered Employment Classification who has completed a twelve (12) month Period of
Sen-ice shall be eligible to participate in the Plan at the beginning of the payroll period next
conmaencing thereat~er. The Employer may elect in the Adoption Agreement to waive or
reduce the nvelve (12) month Period of Service.
If the Employer maintains the plan of a predecessor employer, service with such employer
shall be treated a Service for the Employer.
IV.
3.02
3.03
3.04
Age. The Employer may designate a minimum age requirement, not to exceed age
twenty-one (21), for participation. Such age, if any, shall be declared in the Adoption Agree-
ment.
Return to Covered Employment Classification. In the event a Participant is no longer a
member of Covered Employment Classification and becomes ineligible to make contribu-
tions and/or have contributions made on his/her behalf, such Employee will become eli-
gible.for contributions immediately upon returning to a Covered Employment Classifica-
tion. 'If such Participant incurs a Break in Service, eligibility will be determined under the
Break in Service rules of the Plan.
In the event an Employee who is not a member ora Covered Employment Classification
becomes a member, such Employee will be eligible to participate immediately if such
Employee has satisfied the minimum age and service requirements and would have other-
wise previously become a Participant.
Service Before a Break in Service. All Periods of Service with the Employer are counte.d
toward eligibility, including Periods of Service before a Break in Service.
CONTRIBUTIONS
4.01
Employer Contributions. For each PlanYear, the Employer will contribute to theTrust an
amount as specified in the Adoption Agreement. The Employer's full contribution for any
PlanYear shall be due and paid not later than thirty (30) working days after the close of the
PlanYear. Each Participant will share in Employer Contributions for the period beginning
on the date the Participant commences participation under the Plan and ending on the date
on which such Employee severs employment with the Employer or is no longer a member
of a Covered Employment Classification, and such contributions shall be accounted for
separately in his/her Employer Contribution Account. Notwithstanding anything to the
contrary herein, if so elected by the Employer in the Adoption Agreement, an Employee
shall be required to make contributions as provided pursuant to Section 4.03 or 4.04 in
order to be eligible for Employer Contributions to be made on his/her behalf to the Plan.
4.02
Forfeitures. All amounts forfeited by terminated Participants, pursuant to Section 7.06, shall
be allocated to a suspense account and used to reduce dollar for dollar Employer Contribu-
tions otherwise required under the Plan for the current PlanYear and succeeding PlanYears,
if necessary. Forfeitures may first be used to pay the reasonable administrative expenses of
the Plan, with any remainder being applied to reduce Employer Contributions.
4.03
Mandatory Participant Contributions. If the Employer so elects in the Adoption Agreement,
each eligible Employee shall make contributions at a prescribed rate as a requirement for
his/her participation in the Plan. Once such an eligible Employee becomes a Participant
hereunder, he/she shall not thereafter have the right to discontinue or vary the rate of such
Mandatory Participant Contributions. Such contributions shall be accounted for separately
in the Participant Contribution Account. Such Account shall be at all times nonforfeitable
by the Participant.
4.04
4.05
4.06
Matched Participant Contributions. If the Employer so elects in the Adoption Agreement,
Employer Contributions shall be made on behalf of an eligible Employee for a PlanYear
only if the Employee agrees to make Matched Participant Contributions for that PlanYear.
The rate of Employer Contributions shall, to the extent specified in the Adoption Agree-
ment, be based upon the rate at which Matched Participant Contributions are made for that
PlanYear. Matched Participant Contributions shall be accounted for separately in the
Participant Contribution Account. Such Account shall be at all times nonforfeitable by the
Participant.
Voluntar~ Participant Contributions. If the Employer so elects in the Adoption Agreement,
an eligible Employee may make voluntary (unmatched) contributions under the Plan for any
PlanYear in any amount up to ten percent (10%) of his/her Earnings for such PlanYear.
Such contributions shall be accounted for separately in the Participant'sVoluntary Contribu-
tion Account. Such Account shall be at all times nonforfeitable by the Participant.
Deductible Employee Contributions. The Plan will not accept deductible employee contri-
butions which are made for a taxable year beginning at, er December 1986. Contributions
made prior to that date will be maintained in a Deductible Employee Contribution Ac-
count. The Account will share in the gains and losses under the Plan in the same manner as
described in Section 6.06 of the Plan. Such Account shall be at all times nonforfeitable by
the Participant.
4.07 Military Service Contributions. Notwithstanding any provision of the Plan to the contrary,
contributions, benefits and service credit with respect to qualified military service will be
provided in accordance with section 414(u) of the Code.
4.08
If the Employer has elected in the Adoption Agreement to make loans available to Partici-
pants, loan repayments will be suspended under the Plan as permitted under section
414(u)(4) of the Code.
MPP
Changes in Participant Election. A Participant may elect to change his/her rate of Matched
Participant Contributions orVoluntary Participant Contributions at anytime or during an
election period as designated by the Employer. A Participant may discontinue such contri-
butions at any time or during an election period as designated by the Employer.
4.09 Portability of Benefits.
(a)
An Employee within the Covered Employment Classification, whether or not he/
she has satisfied the minimum age and service requirements of Article III, may
transfer or roll over his/her interest in a plan qualified under section 401(a) or 403(a)
of the Code to this Plan, provided:
(1)
The distribution is on account of termination or discontinuance of the plan
or the distribution becomes payable on account of the Employee's separation
from service, death, disability or after the Employee attains age fifty-nine and
one-half (59-1/2); and the form and nature of the distribution from the
other plan satisfies the applicable requirements under the Code to make the
transfer or rollover a nontaxable transaction to the Employee;
(2) The amount distributed from the plan is transferred to this Plan no later than
the sixtieth (60th) day a~er distribution was made from the plan; and
(3)
In the case ora rollover, the amount transferred to this Plan does not exceed
the amount of the distribution reduced by the Employee contributions (if
any) to the plan (other than accumulated deductible voluntary contribu-
tions).
Such transfer or rollover may also be through an Individual Retirement Plan quali-
fied under section 408 of the Code where the Individual Retirement Plan was used
as a conduit from the prior plan and the transfer is made in accordance with the
rules provided at (1) through (3) of this paragraph and the tramfer does not include
any personal contributiom or earnings thereon the Participant may have made to
the Individual Retirement Plan.
The amount transferred shall be deposited in the Trust and shall be credited to a
Portable Benefits Account. Such Account shall be one hundred percent (100%)
vested in the Employee.
The Plan will accept accumulated Deductible Employee Contributions as defined in
section 72(o)(5) of the Code that were distributed from a qualified retirement plan
and transferred (rolled over) pursuant to section 402(a)(5), 402(a)(7), 403(a)(4), or
408(d)(3) of the Code. Notwithstanding the above, this tramferred (roiled over)
amount shall be deposited to the Trust and shall be credited to a Deductible Em-
ployee Contribution Account. Such Account shall be one hundred percent (100%)
vested in the Employee.
An Employee within the Covered Employment Classification, whether or not he/
she has satisfied the minimum age and service requirement of Article III, may, upon
approval by the Employer and the Plan Administrator, transfer his/her interest in
another plan maintained by the Employer that is qualified under section 401 (a) of
the Code to this Plan, provided the transfer is effected through a one-time irrevo-
cable written election made by the Participant. The amount transferred shall be
deposited in the Trust and shall be credited to sources that maintain the same at-
tributes as the plan from which they are transferred. Such transfer shall not reduce
the accrued years or service credited to the Participant for purposes of vesting or
eligibility for any Plan benefits or features.
4.10 Return
mistake
tion.
of Employer Contributions. Any contribution made by the Employer because of a
of fact must be returned to the Employer within one year of the date ofcontribu-
V. LIMITATION ON ALLOCATIONS
5.01 Participants Only inThis Plan.
(a) If the Participant does not participate in, and has never participated in another
qualified plan or a welfare benefit fund, as defined in section 419(e) of the Code,
MPP 0~13012000 7
(b)
(c)
(d)
maintained by the Employer, or an individual medical account, as defined by section
4150)(2) of the Code, maintained by the Employer, which provides an Annual
Addition, the amount of Annual Additions which may be credited to the
Participant's Account for any LimitationYear will not exceed the lesser of the Maxi-
mum Permissible Amount or any other limitation contained in this Plan. If the
Employer Contribution that would otherwise be contributed or allocated to the
Participant's Account would cause the Annual Additiom for the LimitationYear to
exceed the Maximum Permissible Amount, the amount contributed or allocated will
be reduced so that the Annual Additiom for the LimitationYear will equal the
Ma~ximum Permissible Amount.
Prior to determining the Participant's actual Compensation for the LimitationYear,
the Employer may determine the Maximum Permissible Amount for a Participant
on the basis of a reasonable estimation of the Participant's Compensation for the
LimitationYear, uniformly determined for all Participants similarly situated.
As soon as is administratively feasible at~er the end of the LimitationYear, the Maxi-
mum Permissible Amount for the LimitationYear will be determined on the basis of
the Participant's actual Compensation for the LimitationYear.
If, pursuant to Subsection (c) or as a result of the allocation of forfeitures, there is an
Excess Amount, the excess will be disposed of as follows:
(1) AnyVoluntary Participant Contributions, to the extent they would reduce
the Excess Amount, will be returned to the Participant;
(2)
If after the application of paragraph (1) an Excess Amount still exists, and the
Participant is covered by the Plan at the end of the LimitationYear, the
Excess Amount in the Participant's Account will be used to reduce Employer
Contributions (including any allocation of forfeitures) for such Participant in
the next LimitationYear, and each succeeding LimitationYear if necessary;
(3)
If after the application of paragraph (I) an Excess Amount still exists, and the
Participant is not covered by the Plan at the end of the LimitationYear, the
Excess Amount will be held unallocated in a suspense account. The suspense
account will be applied to reduce future Employer Contributions (including
allocation of any forfeitures) for all remaining Participants in the next Limita-
tionYear, and each succeeding Limitation Year if necessary;
(4)
Ifa suspense account is in existence at any time during a particular Limita-
tionYear, all amounts in the suspense account must be allocated and reallo-
cated to Participants' accounts before any Employer or any Employee contri-
butions may be made to the Plan for that LimitationYear. Excess Amounts in
a suspense account may not be distributed to Participants or former Partici-
pants.
5.02 Participants in Another Defined Contribution Plan.
(a)
Unless the Employer provides other limitations in the Adoption -a-gTeeme.t,
Section applies if, in addition to this Plan, the Participant is co,,~z-z.d tmdt. r
qualified de~ned contribution plan maintained bx' the Employe:. or a
fund, as defined in section 419(e) of the Code, maintained by' d:e Emph,y,.
individual medical account, as defined by section 41.50)(2) offi:.e Code,
by the Employer, which provides an Annual Addition, during an':
The Annual Additions which may be credited to a Participant's .'t. dCOtlllt
Plan for any such LimitationYear will not exceed the Maximum
reduced by the Annual Additions credited to a Participant's Accxn~-."qt
plans and welfare benefit funds for the same LimitafionYear. If=e Amm:,l
with respect to the Participant under other defined contributic:: 7lans
benefit funds maintained by the Employer are less than the Ma.~.a.:um
Amount and the Employer contribution that would otherxxSse 5*:
allocated to the Participant's Account under this Plan would cau--.: thc
tions for the LimitationYear to exceed this limitation, the amou~-~ contrib,,,:,!
allocated will be reduced so that the Annual Additions under ail such
for the LimitationYear will equal the MaxSmum Permissible A..'ncunt.
Additions with respect to the Participant under such other definwJ comrilmt~o~
plans and welfare benefit funds in the aggregate are equal to or
Maximum Permissible Amount, no amount will be contributed cr alloc:~.,
Participant's Account under this Plan for the LimitafionYear.
Prior to detern'uning' the Partscmant's' '_ actual Comtaensation. for '~e Limita,,,. "~'
the Employer may determine the Maximum Permissible Amourm for a I*;,~q,.~p~,~, in
the manner described in Section S.01 (b).
(c)
As soon as is administratively feasible after the end of the LimiW-a:onYear, 0~,: .M~,~_
mum Permissible Amount for the LimitafionYear will be derez
the Participant's actual Compensation for the LimitationYear.
(d)
If, pursuant to Subsection (c) or as a result of the allocation of:i:z'eitur¢~,
Participant's Annual Additions under this Plan and such other
an Excess Amount for a LimitationYear, the Excess Amount wA/. be deem,.,I
consist of the Annual Additions last allocated, except that Ann~ Additi,m~ ,~,
tributable to a welfare benefit fund or individual medical accm'rr xvill be
have been allocated first regardless of the actual allocation date.
(e)
If an Excess Amount was allocated to a Participant on an allocat:cn date ,,t qm I'Lm
which coincides with an allocation date of another plan, the Fx7. ~s
uted to this Plan will be the product of,
(1) The total Excess Amount allocated as of such date, mul:g, lied by
(2) The ratio of (i) the Annual Additions allocated to the Pz,~-cipant I,,~ ~t,,:
LimitationYear as of such date under this Plan to (ii) the .-otal Am ~1
MPP 04130/2000
tions allocated to the Participant for the LimitationYear as of such date under
this and all the other qualified defined contribution plans.
(0
Any Excess Amount attributed to this Plan will be disposed in the manner described
in Section 5.01(d).
5.03 Participant in Defined Benefit Plan. If the Employer maintains, or at any time maintained, a
qualified defined benefit plan covering any Participant in this Plan, the sum of the Partici-
pant's Defined Benefit Fraction and Defined Contribution Fraction will not exceed 1.0 in
any Lin'fitationYear. The Annual Additions which may be credited to the Participant's
Account'under this Plan for any LimitationYear will be limited in accordance with the
Adoption Agreement. This Section will not apply in LimitationYears beginning after
December 31, 1999.
5.04 Definitions. For the purposes of this Article, the following definitiom shall apply:
(a)
Annual Additions: The sum of the following amounts credited to a Participant's
account for the LimitationYear:
(1) Employer Contributiom;
(2) Forfeitures;
(3) Employee contributions; and
(4) Allocations under a simplified employee pension.
Amounts allocated, after March 31, 1984, to an individual medical account, as de-
fined in section 4150)(2) of the Code, which is part of a pension or annuity plan
maintained by the Employer, are treated as Annual Additions to a defined contribu-
tion plan.
For this purpose, any Excess Amount applied under Sections 5.01(d) or 5.02(0 in the
LimitationYear to reduce Employer Contributions will be considered Annual Addi-
tions for such LimitationYear.
Co)
Compensation: A Participant's wages, salaries, and fees for professional services and
other amounts received (without regard to whether an amount is paid in cash) for
personal services actually rendered in the course of employment with the Employer
maintaining the Plan to the extent that the amounts are includible in gross income
(including, but not limited to, bonuses, fi:inge benefits, and reimbursements or other
expense allowances under a nonaccountable plan (as described in Treas. Reg. section
1.62-2(c))), excluding the following:
MPP 04130/2000
(1)
Employer Contributions to a plan of deferred compensation which are not
includible in the Employee's gross income for the taxable year in which
contributed, or Employer Contributions under a simplified employee pen-
,0 !
(2)
(3)
sion plan to the extent such contributiom are deductible by the Employee, or
any distributions fiom a plan of deferred compensation; and
Other amounts which received special tax benefits, or contributions made by
the Employer (whether or not under a salary reduction agreement) towards
the purchase of an annuity contract described in section 403(b) of the Code
(whether or not the amounts are actually excludable from the gross income
of the Employee).
Notwithstanding the above, for LimitationYears beginning afier December
31, 1997, Compemafion shall include:
(a)
any elective deferrals (as defined in section 402(g)(3) of the Code),
and
any amount which is contributed or deferred by the Employer at
the election of the Employee and which is not includible in the
gross income of the Employee by reason of sections 125 or 457 of
the Code.
(c)
(d)
(e)
For purposes of applying the limitations of this Article, Compensation for a Limita-
tionYear is the Compensation actually paid or made available during such year.
Defined Benefit Fraction: A fiaction, the numerator of which is the sum of the
Participant's Projected Annual Benefits under all the defined benefit plans (whether
or not terminated) maintained by the Employer, and the denominator of which is
the lesser of 125 percent of the dollar limitation determined for the LimitationYear
under sections 415(b) and (d) of the Code or 140 percent of the Highest Average
Compensation, including any adjustments under section 415(b) of the Code.
Notwithstanding the above, if the Participant was a participant as of the first day of
the first LimitafionYear beginning after December 31, 1986, in one (1) or more
defined benefit plans maintained by the Employer which were in existence on May
6, 1986, the denominator of this fi:action will not be less than 125 percent of the sum
of the annual benefits under such plans which the Participant had accrued as of the
close of the last LimitationYear beginning before January 1,1987, disregarding any
changes in the terms and conditions of the plan a~er May 5, 1986. The preceding
sentence applies only if the defined benefit plans individually and in the aggregate
satisfied the requirements of section 415 of the Code for all LimitationYears begin-
ning before January 1,1987.
Defined Contribution Dollar Limitation: $30,000 or, it'greater, one-fourth (1/4) of
the defined benefit dollar limitation set forth in section 415(b)(1) of the Code, as in
effect for the LimitationYear.
Defined Contribution Fraction: A fi:action, the numerator of which is the sum of
the Annual Additions to the Participant's account under all the defined contribution
MPP 04/30/2000
(g)
(h)
plato (whether or not terminated) maintained by the Employer for the current and
all prior LimitationYears (including the Annual Additions attributable to the
Participant's nondeductible Employee contributions to all defined benefit plans,
whether or not terminated, maintained by the Employer, and the Annual Additions
attributable to all welfare benefit funds, as defined in section 419(e) of the Code, and
individual medical accounts as defined in section 415(1) (2) of the Code, maintained
by the Employer), and the denominator of which is the sum of the maximum aggre-
gate amounts for the current and all prior LimitationYears of service with the
Employer (regardless of whether a defined contribution plan was maintained by the
Employer). The maximum aggregate amount in any LimitationYear is the lesser of
125 percent of the dollar limitation in effect under sections 415 (b) and (d) of the
Code in effect under section 415(c)(1)(A) of the Code, or thirty-five percent (35%)
of the Participant's Compensation for such year.
If the Employee was a Participant as of the first day of the first LimitationYear
beginning after December 31, 1986, in one (1) or more defined contribution plans
maintained by the Employer which were in existence on May 6, 1986, the numera-
tor of this fraction will be adjusted if the sum of this fi.action and the Defined Ben-
efit Fraction would otherwise exceed 1.0 under the terms of this Plan. Under the
adjustment, an amount equal to the product of (1) the excess of the sum of the
fractions over 1.0 multiphed by (2) the denominator of this fi.action, will be perma-
nently subtracted fi.om the numerator of this fi.action. The adjustment is calculated
using the fi.actions as they would be computed as of the end of the last Limitation
Year beginning before January 1, 1987, and disregarding any changes in the terms
and conditions of the plan made after May 5, 1986, but using the section 415 of the
Code limitation apphcable to the first LimitationYear beginning on or after January
1, 1987.
The Annual Addition for any Limitation Year beginning before January 1, 1987, shall
not be recomputed to treat all Employee contributions as Annual Additions.
Employer: The Employer that adopts this Plan.
Excess Amount: The excess of the Participant's Annual Additions for the Limitation
Year over the Maximum Permissible Amount.
An Excess Amount shall include allocable income. The income allocable to an
Excess Amount is equal to the sum of the allocable gain or loss for the PlanYear and
the allocable gain or loss for the period between the end of the PlanYear and the
date of distributions (the gap period). The Plan may use any reasonable method for
computing the income allocable to an Excess Amount, provided that the method is
used consistendy for all Participants and for all corrective distributions under the
Plan for the PlanYear, and is used by the Plan for allocating income to Participants'
Accounts.
Highest Average Compensation: The average Compensation for the three (3) con-
secutive years of service with the Employer that produce the highest average. A year
12
of service with the Employer is the twelve (12) consecutive month period defined as
the Limitation Year in the Adoption Agreement.
(i)
LimitationYear: A calendar year, or the twelve (12) consecutive month period
elected by the Employer in the Adoption Agreement. All qualified plans maintained
by the Employer must use the same LimitationYear. If the LimitationYear is
amended to a different twelve (12) comecutive month period, the new Limitation
Year must begin on a date within the LinfitationYear in wlfich the amendment is
made.
0)
Maximum Permissible Amount: The maximum Annual Addition that may be con-
tributed or allocated to a Participant's Account under the Plan for any Limitation
Year shall not exceed the lesser off
(1) The Defined Contribution Dollar Limitation, or
(2) Twenty-five percent (25%) of the Participant's Compemation for the Limita-
tion Year.
If a short Limitation Year is created because of an amendment changing the Limita-
tionYear to a different twelve (12) consecutive month period, the Maximum Permis-
sible Amount will not exceed the Defined Contribution Dollar Limitation multi-
plied by the following fi.action:
Number of months in the short LimitationYear
12
Projected Annual Benefit: The annual retirement benefit (adjusted to an acmarially
equivalent straight life annuity if such benefit is expressed in a form other than a
straight life annuity or qualified joint and survivor annuity) to which the Participant
would be entided under the terms of the plan assuming:
(1) The Participant will continue employment until Normal Retirement Age
under the plan (or current age, if later), and
(2)
The Participant's Compemation for the current LimitationYear and all other
relevant factors used to determine benefits under the plan will remain con-
stant for all future LimitationYears.
Vl. TRUST AND INVESTMENT OF ACCOUNTS
6.01 Trust. ATrnst is hereby created to hold all of the assets of the Plan for the exclusive benefit
of Participants and Beneficiaries, except that expenses and taxes may be paid fi.om the Trust
as provided in Section 6.03. The trustee shall be the Employer or such other person which
agrees to act in that capacity hereunder.
6.02 Investment Powers. The trustee or the Plan Administrator, acting as agent for the trustee,
shall have the powers listed in this Section with respect to investment of Trust assets, except
MPP O4130/2OOO
13
to the extent that the investment of Trust assets is controlled by Participants, pursuant to
Section 13.03.
(a)
To invest and reinvest the Trust without distinction between principal and income in
common or preferred stocks, shares of regulated investment companies and other
mutual funds, bonds, loans, notes, debentures, certificates of deposit, contracts with
insurance companies including but not limited to imurance, individual or group
annuity, deposit administration, guaranteed interest contracts, and deposits at reason-
able rates of interest at banking institutions including but not limited to savings
accounts and certificates of deposit. Assets ofthe Trust may be invested in securities
that involve a higher degree of risk than investments that have demonstrated their
investment performance over an extended period of time.
To invest and reinvest all or any part of the assets of the Trust in any common,
collective or commingled trust fund that is maintained by a bank or other institution
and that is available to Employee plans qualified under section 401 of the Code, or
any successor provisions thereto, and during the period of time that an investment
through any such medium shall exist, to the extent of participation of the Plan, the
declaration of trust of such common, collective, or commingled trust fund shall
constitute a part of this Plan.
(c)
To invest and reinvest all or any part of the assets oftheTrust in any group annuity,
deposit administration or guaranteed interest contract issued by an imurance com-
pany or other financial institution on a commingled or collective basis with the assets
of any other plan or trust qualified under section 401 (a) of the Code or any other
plan described in section 401 (a)(24) of the Code, and such contract may be held or
issued in the name of the Plan Administrator, or such custodian as the Plan Adminis-
trator may appoint, as agent and nominee for the Employer. During the period that
an investment through any such contract shall exist, to the extent of participation of
the Plan, the terms and conditions of such contract shall constitute a part of the Plan.
(d)
To hold cash awaiting investment and to keep such portion oftheTrust in cash or
cash balances, without liability for interest, in such amounts as may from time to time
be deemed to be reasonable and necessary to meet obligations under the Plan or
otherwise to be in the best interests of the Plan.
(e)
To hold, to authorize the holding of, and to register any investment to theTrust in
the name of the Plan, the Employer, or any nominee or agent of any of the forego-
ing, including the Plan Administrator, or in bearer form, to deposit or arrange for the
deposit of securities in a qualified central depository even though, when so depos-
ited, such securities may be merged and held in bulk in the name of the nominee of
such depository with other securities deposited therein by any other person, and to
organize corporations or trusts under the laws of any jurisdiction for the purpose of
acquiring or holding title to any property for the Trust, all 'with or without the
addition of words or other action to indicate that property is held in a fiduciary or
representative capacity but the books and records of the Plan shall at all times show
that all such investments are part oftheTrust.
6.03
6.04
6.05
MPP 04/~0/2000
(0
Upon such terms as may be deemed advisable by the Employer or the Plan Adminis-
trator, as the case may be, for the protection of the interests of the Plan or for the
preservation of the value of an investment, to exercise and enforce by suit for legal or
equitable remedies or by other action, or to waive any right or claim on behalf of the
Plan or any default in any obligation owing to the Plan, to renew, extend the time
for payment of, agree to a reduction in the rate of interest on, or agree to any other
modification or change in the terms of any obligation owing to the Plan, to settle,
compromise, adjust, or submit to arbitration any claim or right in favor of or against
the Plan, to exercise and enforce any and all rights of foreclosure, bid for property in
foreclosure, and take a deed in heu of foreclosure with or without paying consid-
eration therefor, to commence or defend suits or other legal proceedings whenever
any interest of the Plan requires it, and to represent the Plan in all suits or legal
proceedings in any court of law or equity or before any body or tribunal.
(g) To employ suitable comultants, depositories, agents, and legal counsel on behalf of
the Plan.
To open and maintain any bank account or accounts in the name of the Plan, the
Employer, or any nominee or agent of the foregoing, including the Plan Administra-
tor, in any bank or banks.
(i)
To do any and all other acts that may be deemed necessary to carry out any of the
powers set forth herein.
Taxes and Expemes. All taxes of any and all kinds whatsoever that may be levied or assessed
under existing or future laws upon, or in respect to the Trust, or the income thereof, and all
commissions or acquisitions or dispositions of securities and similar expenses of investment
and reinvestment of the Trust, shall be paid from the Trust. Such reasonable compensation of
the Plan Administrator, as may be agreed upon from time to time by the Employer and the
.Plan Ad.ministrator, and reimbursement for reasonable expenses incurred by the Plan Admin-
astrator ~.n pe. fformance of its duties hereunder (including but not limited to fees for legal,
accounnng, investment and custodial services) shall also be paid from the Trust. However, no
person who is a fiduciary within the meaning of section 3(21)(A) of EPdSA and regulatiom
promulgated thereunder, and who receives full-time pay from the Employer may receive
compensation from the Trust, except for expemes properly and actually incurred.
Payment of Benefits. The payment of benefits from the Trust in accordance with the terms
of the Plan may be made by the Plan Administrator, or by any custodian or other person so
authorized by the Employer to make such disbursement. The Plan Administrator, custodian
or other person shall not be liable with respect to any distribution of Trust assets made at the
direction of the Employer.
Investment Funds. In accordance with uniform and nondiscriminatory rules established by
the Employer and the Plan Administrator, the Participant may direct his/her Accounts to be
invested in one (1) or more investment funds available under the Plan; provided, however,
that the Participant's investment directiom shall not violate any investment restrictions
established by the Employer and shall not include any investment in collectibles, as defined
in section 408(m) of the Code.
15
6.06 Valuation of Accounts. As of each Accounting Date, the Plan assets held in each investment
fund offered shall be valued at fair market value and the investment income and gains or
losses for each fund shall be determined. Such investment income and gains or losses shall
be allocated proportionately among all Account balances on a fund-by-fund basis. The
allocation shall be in the proportion that each such Account balance as of the immediately
preceding Accounting Date bears to the total of all such Account balances as of that Ac-
counting Date. For purposes of this Article, all Account balances include the Account
balances of all Participants and Beneficiaries.
6.07 Participant Loan Accounts. Participant Loan Accounts shall be invested in accordance with
Section 13.03 of the Plan. Such Accounts shall not share in any investment income and
gains or losses of the investment funds described in Section 6.05.
VII. VESTING
7.01
Vesting Schedule. The portion of a Participant's Account attributable to Mandatory Partici-
pant Contributions, Matched Participant Contributions, orVoluntary Participant Contribu-
tions, and the earnings thereon, shall be at all times nonforfeitable by the Participant. A
Participant shall have a Nonforfeitable Interest in the percentage of his/her Employer Con-
tribution Account established under Section 4.01 determined pursuant to the schedule
elected by the Employer in the Adoption Agreement.
7.02
Crediting Periods of Service. Except as provided in Section 7.03, all of an Employee's
Periods of Service with the Employer are counted to determine the nonforfeitable percent-
age in the Employee's Account balance derived from Employer Contributions. If the Em-
ployer maintains the plan of a predecessor employer, service with such employer will be
treated as service for the Employer.
For purposes of determining years of service and Breaks in Service for purposes of comput-
ing a Participant's nonforfeitabfe righi to the Account balance derived from Employer
Contributions, the twelve (12) consecutive month period will commence on the date the
Employee first performs an hour of service and each subsequent twelve (12) consecutive
month period will commence on the anniversary of such date.
7.03
Service After Break in Service. In the case of a Participant who has a Break in Service of at
least five (5) years, all Periods of Service after such Breaks in Service will be disregarded for
the purpose of determining the non.forfeitable percentage of the Employer-derived Account
balance that accrued before such Break, but both pre-Break and post-Break service will
count for the purposes of vesting the Employer-derived Account balance that accrues after
such Break. Both Accounts will share in the earnings and losses of the fund.
In the case of a Participant who does not have a Break in Service of at least five (5) years,
both the pre-Break and post-Break service will count in vesting both the pre-Break and
post-Break Employer-derived Account balance.
MPP 0413Ol2~
In the case of a Participant who does not have any nonfoffeitable right to the Account
balance derived fi'om Employer Contributions, years of service before a period of consecu-
tive one (I) year Breaks in Service will not be taken into account in computing eligibility
service if the number ofcomecutive one (1) year Breaks in Service in such period equals or
exceeds the greater of five (5) or the aggregate number ofyears of service. Such aggregate
number ofyears of service will not include any years of service disregarded under the
preceding sentence by reason of prior Breaks in Service.
Ifa Participant's years of service are disregarded pursuant to the preceding paragraph, such
Participant will be treated as a new Employee for eligibility purposes. Ifa Participant's years
ofse.rvice may not be disregarded pursuant to the preceding paragraph, such Participant shag
con.nnue to participate in the Plan, or, ifterrninated, shall participate immediately upon
reemployment.
7.04
Vesting Upon Normal Retirement Age. Notwithstanding Section 7.01 ofthe Plan, a Par-
ticipant shall have a Nonforfeitable Interest in his/her entire Employer Contribution Ac-
count, to the extent that the balance of such Account has not previously been forfeited
pursuant to Section 7.06 of the Plan, if he/she is employed on or after his/her Normal
Retirement Age.
7.05
7.06
Vesting Upon Death or Disability. Notwithstanding Section 7.01 of the Plan, in the event
of Disability or death, a Participant or his/her Beneficiary shall have a Nonfoffeitable Inter-
est in his/her entire Employer Contribution Account, to the extent that the balance of such
Account has not previously been forfeited pursuant to Section 7.06 of the Plan.
Forfeitures. Except as provided in Sections 7.04 and 7.05 of the Plan or as otherwise pro-
vided in this Section 7.06, a Participant who separates from service prior to obtaining full
vesting shall forfeit that percentage of his/her Employer Contribution Account balance
which has not vested as ofthe date such Participant incurs a Break in Service of five (5)
consecutive years or, if earlier, the date such Participant receives, or is deemed under the
provisions of Section 9.04 to have received, distribution of the entire Nonfoffeitable Interest
in his/her Employer Contribution Account. Ifa Participant receives a voluntary distribu-
tion of less than the entire vested portion of his/her Employer Contribution Account, the
part of the nonvested portion that will be treated as a forfeiture is the total nonvested por-
tion multiplied by a fraction, the numerator of which is the amount of the distribution
attributable to Employer Contributions and the denominator of which is the total value of
the vested Employer Contribution Account.
No forfeiture will occur solely as a result of a Participant's withdrawal of Employee Contri-
butiom.
Forfeitures shall be allocated in the manner described in Section 4.02.
7.07 Reinstatement of Forfeitures. If the Participant returm to the employment of the Employer
before incurring a Break in Service of five (5) consecutive years, any amounts forfeited
pursuant to Section 7.06 shall be reinstated to the Participant's Employer Contribution
Account on the date of repayment by the Participant of the amount distributed to such
Participant from his/her Employer Contribution Account; provided, however, that if such
Participant forfeited his/her Account balance by reason of a deemed distribution, pursuant
to Section 9.04, such amounts shall be automatically restored upon the reemployment of
MPP 04130/2000
such Participant. Such repayment must be made before the earlier of five (5) yea~s a~er the
first date on which the Participant is subsequently reemployed by the Employer, or the date
the Participant incurs a Break in Service of five (5) comecutive years.
VIII. BENEFITS CLAIM
IX.
8.01
8.02
Claim of Benefits. A Participant, Employee or Beneficiary shall notify the Plan Administra-
tor in writing ora claim of benefits under the Plan. The Plan Administrator shall take such
steps as may be necessary to facilitate the payment of such benefits to the Participant, Em-
ployee or Beneficiary.
Appeal Procedure. If any claim for benefits is denied by the Phn Administrator, the Plan
Administrator shall notify the claimant in writing of such denial, setting forth the specific
reasons and citing reference to specific provisions of the Plan upon which the denial is based.
An appeal period of sixty (60) days aiier receipt of the notification of denial shall be granted,
and said notification shall advise the claimant of the appeal procedure. The claimant shall file
the appeal with the Plan Administrator, whose decision shall be final, to the extent provided
by Section 15.07.
COMMENCEMENT OF BENEFITS
9.01
9.02
Normal and Elective Commencement of Benefits. A Participant who retires, becomes
Disabled or separates from service for any other reason may elect by written notice to the
Plan Administrator to have the distribution of benefits commence on any date, provided that
such distribution complies with Sections 9.02 and 9.07. Such election must be made in
writing during the ninety (90) day period ending on the date as of which benefit payments
are to commence. A Participant's election shall be revocable and may be amended by the
Participant.
The failure ora Participant and the Participant's Spouse to consent to a distribution while a
benefit is immediately distributable, within the meaning of section 9.02 of the Plan, shall be
deemed to be an election to defer commencement of payment of any benefit.
Restrictions on Immediate Distributions. Notwithstanding anything to the contrary in
Section 9.01 of the Plan, if the value of a Participant's vested Account balance exceeds (or at
any time of any prior distribution exceeded) the dollar limit under section 411(a)(ll)(A) of
the Code, and the Account balance is immediately distributable, the Participant and the
Participant's Spouse (or where either has died, the survivor) must consent to any distribution
of such Account balance. The consent of the Participant and the Participant's Spouse shall
be obtained in writing during the ninety (90) day period ending on the date as of which
benefit payments are to commence.
The Plan Administrator shall notify the Participant and the Participant's Spouse of the right
to defer any distribution until the Participant's Account balance is no longer immediately
distributable. Such notification shall include a general description of the material features,
and an explanation of the relative values of, the optional forms of benefit awlhble under the
Plan in a manner that would satisfy section 417(a)(3) of the Code, and shall be provided no
less than thirty (30) and no more than ninety (90) days before the date as of which benefit
payments are to commence.
after the notice I-Iowever, distribution may commence less than thirty (30) days
described in the preceding sentence is given, provided (i) the distribution is
one to which sections 401 (a)(1 l) and 417 of the Code do not apply or, if sectiom 401(a(I 1)
and 417 of the Code do apply, the waiver requirements of Section 12.04(a) are met; (ii) the
Plan Administrator clearly inlbrms the Participant that the Participant has a right to a period
of at least thirty (30) days after receiving the notice to consider the decision of whether or
not to. elect a distribution (and, if applicable, a particular distribution option); and (iii) the
Particapant, after receiving the notice, afFarmatively elects a distribution.
Nonvithstanding the foregoi~g, O/fly the Participant need consent to the commencement of
a distribution in the form of the Qualified Joint and Survivor Annuity while the Account
balance is immediately distributable
Joint and Survivor Annuity is . (Furthermore, if payment in the form ora Qualified
. . not required with respect to the Participant pursuant to
secnon 12.02 of the Plan, ouly the Participant need consent to the distribution of an Ac-
count balance that is immedi; 1ely distributable.) Neither the consent of the Participant nor
the Participant's Spouse sh ti be required for any form of distribution to the extent that a
distribution is required to sati~f~y section 401(a)(9) or 415 of the Code.
In addition, upon terminatiou ~ffthis Plan if the Plan does not offer an annuity option
(purchased from a commercial provider) and if the Employer does not maintain another
defined contribution plan, th~. Participant's Account balance will, without the Participant's
consent, be distributed to the Participant.
An Account balance is immediately distributable if any part of the Account balance could be
distributed to the Participant (or Surviving Spouse) before the Participant attains or would
have attained (if not deceased) the later of Normal R. etirement Age or age sixty-two (62).
~ e applicability of the foregoing consent requirements to
ne Jsrst day of the first plan year beginning after December 31,
1988, the Particip rat's vested Account balance shall not include amounts attributable to
accumulated deductible employee contributions within the meaning of section 72(o)(5)(13)
of the Code.
9.03 Transfer toAnother Plan,
(a)
Ifa Participant become~ eligible to participate in another plan maintained by the
Employer that is qualifi~.d under section 401 (a) of the Code, the Plan Administrator
shall, at the written ele~'tion of such Participant, transfer all or part of such
Participant's Account
certifies to the t~l ~uch plan, provided the plan administrator for such plan
Plan Adtninistrator that its plan provides for the acceptance of such a
transfer. For purposes of this Plan, any such transfer shall not be considered a distri-
bution to the Participallt subject to spousal consent as described in Section 9.02 and
Article Xll.
Notwithstanding any PUmision of the Plan to the contrary that would otherwise
limit a Distributee's eleczion under this Section, a Distributee may elect, at the time
and in the manner pre~;ribed by the Plan Administrator, to have any portion of an
MPP O413O12OOO
9.04
MPP 04/30/2000
Eligible l~oi/over Distribution paid directly to an Eligible B. etirement Plan specified
by the Distributee in a Direct Roi/over. For purposes of this Plan, any such Eligible
1Kollover Distribution shall be considered a distribution to the Participant subject to
spousal consent as described in Section 9.02 and Article XII.
(c) Definitions. For the purposes of Subsection (b), the following definitiom shall apply:
(I)
Eligible Roi/over Distribution. Any distribution of all or any portion of the
balance to the credit of the Distributee, except that an Eligible l~oi/over
Distribution does not include: any distribution that is one ora series of
substantially equal periodic payments (not less frequently than annually)
made for the 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 often years or more; any distribution to
the extent such distribution is required under section 401(a)(9) of the Code;
the portion of any distribution that is not includible in gross income; and any
other distribution(s) that is reasonably expected to total less than $200 during
<2)
Eligible R. etirement Plan. An individual retirement account described in
section 408(a) of the Code, an individual retirement annuity described in
section 408(b) of the Code, an annuity plan described in section 403(a) of
the Code, or a qualified trust described in section 401(a) of the Code, that
accepts the Distributee's Eligible P. ollover Distribution. However, in the case
of an Eligible 1Kollover Distribution to the Surviving Spouse, an Eligible
P. etirement Plan is an individual retirement account or individual retirement
(3)
Distributee. Participant; in addition, the Participant's surviving spouse and
the Participant's spouse who is the alternate payee under a qualified domestic
relatiom order, as defined in section 414(p) of the Code, are Distributees
with regard to the interest of the spouse or former spouse.
(4) Direct Roi/over. A payment by the Plan to the Eligible R. etirement Plan
specified by the Distributee.
De Minimis Accounts. Notwithstanding the foregoing provisions of this Article, ifa Partici-
pant terminates service, and the value of his/her Nonforfeitable Interest in his/her Account
is not greater than the dollar limit under section 411(a) (11) (A) of the Code, the Participant
shall be paid his/her benefits as soon as practicable after such termination, but, in no event,
later than the second PlanYear following the PlanYear in which the Participant terminated
employment. For purposes of this Section, ifa Participant's Nonforfeitable Interest in his/
her Account is zero, the Participant shall be deemed to have received a distribution of such
Nonforfeitable Interest in his/herAccount.
A Participant's Non.forfeitable Interest in his/her Account shall not include accumulated
Deductible Employee Contributiom within the meaning of Section 72(o)(5)(B) of the Code
for PlanYears beginning prior to January 1, 1989.
9.05 Withdrawal of Voluntary Contributions. A Participant may make a written election, or if
married, a Qualified Election, to withdraw a part of or the full amount of his/herVoluntary
Contribution Account. Such withdrawals may be made at any time, provided that no more
than two (2) such withdrawals may be made during any calendar year· No forfeiture will
occur solely as the result of any such withdrawal.
9.06 Withdrawal of Deductible Employee Contributiom. A Participant may make a written
tame, provided that no more than two (2) such withdrawals may be made during any calen-
· non Account. Such withdrawals may be made at any
dar year. No forfeiture will occur solely as the result of any such withdrawal.
9.07 Latest Commencement of Benefits. Notwithstanding anything to the contrary in this
Article, benefits shall begin no later than the Participant's Required Beginning Date, as
defined under Section 10.06, or as otherwise provided in Section 10.05.
DISTR. IBUTION tLEQUI1KEMENTS
10.01 General Rules.
10.02
(a)
Co)
Subject to the provisions of Article XII, the requirements of this Article shall apply to
any distribution ora Participant's interest and will take precedence over any inconsis-
tent provisions of this Plan.
All distributions required under this Article shall be determined and made in accor-
dance with the Proposed regulations under section 401(a)(9) of the Code, including
the minimum distribution incidental benefit requirement of section 1.401(a)(9)-2 of
the Proposed regulations.
Required Beginning Date. The entire Nonforfeitable Interest of a Participant must be
distributed or begin to be distributed no later than the Participant's Required Beginning
Date.
10.03
Limits on Distribution Periods. As of the first Distribution CalendarYear, distributions, if
not made in a single-sum, may only be made over one of the following periods (or a
combination thereo0:
(a)
Co)
(c)
(d)
The life of the Participant,
The life of the Participant and a Designated Beneficiary,
A period certain not extending beyond the Life Expectancy of the Participant, or
A period certain not extending beyond the Joint and Last Survivor Expectancy of
the Participant and a Designated Beneficiary.
1~4pp 04130/2000
21
10.04
Determination of Amount to Be Distributed EachYear. If the Participant's Nonforfeitable
Interest is to be distributed in other than a single sum, the following minimum distribution
rules shall apply on or a~er the Required Beginning Date:
(a) Individual Account.
(1)
Ifa Participant's Benefit is to be distributed over (i) a period not extending
beyond the Life Expectancy of the Participant or the Joint Life and Last
Survivor Expectancy of the Participant and the Participant's Designated
Beneficiary, or (ii) a period not extending beyond the Life Expectancy of the
Designated Beneficiary, the amount required to be distributed for each
calendar year, beginning with distributions for the first Distribution Calendar
Year, must at least equal the quotient obtained by dividing the Participant's
Benefit by the Applicable Life Expectancy.
(2)
For calendar years beginning before January 1,1989, if the Participant's
spouse is not the Designated Beneficiary, the method of distribution selected
must assure that at least fifty percent (50%) of the present value of the
amount available for distribution is paid within the Life Expectancy of the
Participant.
(3)
For calendar years beginning after December 31, 1988, the amount to be
distributed each year, beginning with distributions for the first Distribution
CalendarYear shall not be less than the quotient obtained by dividing the
Participant's Benefit by the lesser of (i) the Applicable Life Expectancy, or (ii)
if the Participant's spouse is not the Designated Beneficiary, the applicable
divisor determined 13om the table set forth in Q&A-4 of section
1.401(a)(9)-2 of the proposed regulatiom. Distributiom after the death of
the Participant shall be distributed using the Applicable Life Expectancy in
Subsection (1) as the relevant divisor without regard to Proposed Regulations
section 1.401(a)(9)-2.
(4)
The minimum distribution required for the Participant's first Distribution
CalendarYear must be made on or before the Participant's Required Begin-
ning Date. The minimum distribution for other calendar years, including the
minimum distribution for the Distribution CalendarYear in which the
Employee's required beginning date occurs, must be made on or before
December 31 of that Distribution CalendarYear.
Other forms. If the Participant's Benefit is distributed in the form of an annuity
purchased from an imurance company, distributions thereunder shall be made in
accordance with the requirements of section 401 (a)(9) of the Code and the proposed
regulatiom thereunder.
10.05 Death Distribution Provisiom. Upon the death of the Participant, the following distribution · provisiom shall take effect:
MPP
(a) If the Participant dies a~er distribution of his/her interest has commenced, the
remaining portion of such interest will continue to be distributed at least as rapidly
as under the method of distribution being used prior to the Participant's death.
(b) If the Participant dies before distribution of his/her interest commences, the
Participant's entire interest will be distributed no later than December 31 of the
calendar year containing the fitih (5th) anniversary of the Participant's death except
to the extent that an election is made to receive distributiom in accordance with (1)
or (2) below:
O)
If any portion of the Participant's interest is payable to a Designated BenefL
ciary, distributiom may be made over the life or over a period certain not
greater than the Life Expectancy of the Designated Beneficiary commencing
on or before December 31 of the calendar year immediately following the
calendar year in which the Participant died;
(2)
If the Designated Beneficiary is the Participant's surviving spouse, the date
distributiom are required to begin in accordance with Subsection (1) shall
not be earlier than the later of (i) December 31 of the calendar year immedi-
ately following the calendar year in which the Participant died, and (ii)
December 31 of the calendar year in which the Participant would have
attained age seventy and one-half (70-1/2).
(c)
If the Participant has not made an election pursuant to this Subsection by the time
of his/her death, the Participant's Designated Beneficiary must elect the method of
distribution no later than the earlier of(i) December 31 of the calendar year in
which distributiom would be required to begin under this Section, or (ii) December
31 of the calendar year which contaim the fifth (5th) anniversary of the date of death
of the Participant. If the Participant has no Designated Beneficiary, or if the Desig-
nated Beneficiary does not elect a method of distribution, distribution of the
Participant's entire interest must be completed by December 31 of the calendar year
containing the fifth (Sth) anniversary of the Participant's death.
For purposes of Subsection (b), if the surviving spouse dies after the Participant, but
before payments to such spouse begin, the pmvisiom of Subsection (b), with the
exception of paragraph (2) therein, shall be applied as it'the surviving spouse were
the Participant.
(d)
(e)
For purposes of this Section, any mount paid to a child of the Participant will be
treated as flit had been paid to the surviving spouse if the amount becomes payable
to the surviving spouse when the child reaches the age of majority.
For the purposes of this Section, distribution ora Participant's interest is considered
to begin on the Participant's Required Beginning Date (or, it'Subsection (c) is
applicable, the date distribution is required to begin to the surviving spouse pursuant
to Subsection (b)). If distribution in the form of an armuity irrevocably commences
to the participant before the Required Beginning Date, the date distribution is
comidered to begin is the date distribution actually commences.
10.06 Definitions. For the purposes of this Section, the following definitions shall apply:
(a)
Applicable Life Expectancy. The Life Expectancy (or Joint and Last Survivor Expect-
ancy) calculated using the attained age of the Participant (or Designated Beneficiary)
as of the Participant's (or Designated Beneficiary's) birthday in the applicable calendar
year reduced by one (1) for each calendar year which has elapsed since the date Life
Expectancy was first calculated. If Life Expectancy is being recalculated, the Appli-
cable Life Expectancy shall be the Life Expectancy as so recalculated. The applicable
calendar year shall be the first Distribution CalendarYear, and if Life Expectancy is
b6ing recalculated such succeeding calendar year.
(b)
Designated Beneficiary. The individual who is designated as the Beneficiary under
the Plan in accordance with section 401(a)(9) of the Code and the proposed regula-
tions thereunder.
(c)
Distribution CalendarYear. A calendar year for which a minimum distribution is
required. For distributions beginning before the Participant's death, the first Distri-
bution CalendarYear is the calendar year immediately preceding the calendar year
which contains the Participant's Required Beginning Date. For distributiom begin-
ning after the Participant's death, the first Distribution CalendarYear is the calendar
year in which distributions are required to begin pursuant to Section 10.05 above.
(d)
Life Expectancy. The Life Expectancy and joint and last survivor expectancy, respec-
tively, as computed by use of the expected return multiples in TablesV andVI of
section 1.72-9 of the income tax regulations. Unless othen~ise elected by the
Participant (or spouse, in the case of distributions described in Section 10.05(b)(2)
above) by the time distributions are required to begin, Life Expectancies shall be
recalculated annually. Such election shall be irrevocable as to the Participant (or
spouse) and shall apply to all subsequent years. The Life Expectancy ora nonspouse
Beneficiary may not be recalculated.
(e) Participant's Benefit.
(1)
(2)
The Account balance as of the last Accounting Date in the calendar year
immediately preceding the Distribution CalendarYear (valuation calendar
year) increased by the amount of any contributions or forfeitures allocated to
the Account balance as of dates in the valuation calendar year after such
Accounting Date and decreased by distributions made in the valuation
calendar year after such Accounting Date.
For purposes of paragraph (1) above, if any portion of the minimum distribu-
tion for the first Distribution CalendarYear is made in the second Distribu-
tion CalendarYear on or before the Required Beginning Date, the amount of
the minimum distribution made in the second Distribution CalendarYear
shall be treated as if it had been made in the immediately preceding Distribu-
tion Calendar Year.
MPP 0413012000
24
(0
Required Beginning Date. The Required Beginning Date of a Participant is the
first day of April of the calendar year fol/owing the calendar year in which the
Participant attaim age seventy and one-half (70-1/2), or such later date as permit-
ted under this Section or section 401(a)(9) of the Code.
XI. MODES OF DISTRIBUTION OF BENEFITS
11.01
Normal Mode of Distribution. Unless an elective mode of distribution is elected in
accordance with Article XII, benefits shall be paid to the Participant in the form provided
for in Article XII.
11.02 Elective Mode of Distribution. Subject to the requirements of Articles X and XII, a
Participant may revocably elect to have his/her Account distributed in any one (1) of the
following modes in lieu of the mode described in Section 11.01:
(a) Equal Payments. Equal monthly, quarterly, semi-annual, or annual payments in an
amount chosen by the Participant continuing until the Account is exhausted.
(b) Lump Sum. A lump sum payment.
(c) Period Certain. Approximately equal monthly, quarterly, semi-annual, or annual
payments, calculated to continue for a period certain chosen by the Participant.
(d) Other. Any other sequence of payments requested by the Participant.
11.03 Election of Mode. A Participant's election of a payment option must be made in writing
between thirty (30) and ninety (90) days before the payment of benefits is to commence.
11.04 Death Benefits. Subject toArticles X and XII,
(a)
In the case of a Participant who dies before he/she has begun receiving benefit
payments, the Participant's entire Nonforfeitable Interest shall then be payable to his/
her Beneficiary within ninety (90) days of the Participant's death. A Beneficiary who
is entitled to receive benefits under this Section may elect to have benefits com-
mence at a later date, subject to the provisiom of Section 10.05. The Beneficiary
may elect to receive the death benefit in any of the forms available to the Participant
under Section 11.02. If the Beneficiary is the Participant's Surviving Spouse, and
such Surviving Spouse dies before payment commences, then this Section shall apply
to the beneficiary of the Surviving Spouse as though such Surviving Spouse were
the Participant.
Co)
Should the Participant die after he/she has begun receiving benefit payments, the
Beneficiary shall receive the remaining benefits, if any, that are payable, under the
payment schedule elected by the Participant. Notwithstanding the foregoing, the
Beneficiary may elect to accelerate payments of the remaining balances, including
but not limited to, a lump sum distribution.
MPp 041~012000
XII. SPOUSAL BENEFIT R-EQUIIKEMENTS
12.01
Application. The provisions of this Article shall take precedence over any conflicting
provision in this Plan. The provisions ofthis Article shall apply to any Participant who is
credited with any Period of Service with the Employer on or after August 23, 1984, and
such other Participants as provided in Section 12.05.
12.02
Qualified Joint and Survivor Annuity. Unless an optional form of benefit is selected
pursuant to a Qualified Election within the ninety (90) day period ending on the Annuity
Startin~ Date, a married Participant'sVested Account Balance will be paid in the form ora
Qualified Joint and Survivor Annuity and an unmarried Participant's Vested Account
Balance will be paid in the form of a Straight Life Annuity. The Participant may elect to
have such annuity distributed upon the attainment of the Earliest R.etirement Age under
the Plan.
12.03
Qualified Preretirement Survivor AnnuiW. Ifa Participant dies before the Annuity Starting
Date, then fifty percent (50%) of the Participant'sVested Account Balance shall be applied
toward the purchase of an annuity for the life of the Surviving Spouse; the remaining
portion shall be paid to such Beneficiaries (which may include such Spouse) designated by
the Participant. Notwithstanding the foregoing, the Participant may waive the spousal
annuity by designating a different Beneficiary within the Election Period pursuant to a
Qualified Election. To the extent that less than one hundred percent (100%) of the vested
Account balance is paid to the Surviving Spouse, the amount of the Participant's Account
derived from Employee contributions will be allocated to the Surviving Spouse in the
same proportion as the amount of the Participant's Account derived from Employee
contributions is to the Participant's totalVested Account Balance. The Surviving Spouse
may elect to have such annuity distributed within a reasonable period after the Participant's
death. Further, such Spouse may elect to receive any death benefit payable to him/her
hereunder in any of the forms available to the Participant under Section 11.02.
12.04 Notice R. equirements.
(a)
In the case ora Qualified Joint and Survivor Armuity as described in Section 12.02,
the Plan Administrator shall, no less than thirty (30) days and no more than ninety
(90) days prior to the Annuity Starting Date, provide each Participant a written
explanation off (i) the terms and conditiom of a Qualified Joint and Survivor Armu-
ity; (ii) the Participant's right to make and the effect of an election to waive the
Qualified Joint and Survivor Annuity form of benefit; ('fi.i) the rights of a Participant's
Spouse; and (iv) the right to make, and the effect of, a revocation ora previous
election to waive the Qualified Joint and Survivor Annuity. However, if the Partici-
pant, aher having received the written explanation, affirmatively elects a form of
distribution and the Spouse consents to that form of distribution (if necessary),
benefit payments may commence less than 30 days after the written explanation was
provided to the Participant, provided that the following requirements are met:
(1)
The Plan Administrator provides information to the Participant clearly
indicating that the Participant has a right to at least 30 days to consider
MPP 04/~0/2000
26
whether to waive the Qualified Joint and Survivor Annuity and consent to
a form of distribution other than a Qualified Joint and Survivor Annuity;
(2) The Participant is permitted to revoke an affirmative distribution election
at le. ast until the Annuity Starting Date, or if later, at any time prior to the
exparation of the 7-day period that begins the day after the explanation of
the Qualified Joint and Survivor Annuity is provided to the Participant;
(3) The Annuity Starting Date is after the date that the explanation of the
Qualified Joint and Survivor Annuity is provided to the Participant; and
(4) Distribution in accordance with the affirmative election does not com-
mence before the expiration of the 7-day period that begins a~er the day
a~er the explanation of the Qualified Joint and Survivor Annuity is pro-
vided to the Participant.
In the case ora qualified preretirement survivor annuity as described in Section
12.03, the Plan Administrator shall provide each Participant within the applicable
period for such Participant a written explanation of the qualified preretirement
survivor annuity in such terms and in such manner as would be comparable to the
explanation provided for meeting the requirements of Subsection (a) applicable to a
Qualified Joint and Survivor Annuity.
The applicable period for a Participant is whichever of the following periods ends
last: (i) the period beginning with the first day of the PlanYear in which the Partici-
pant attains age thirty-two (32) and ending with the close of the PlanYear preceding
the PlanYear in which the Participant attains age thirty-five (35); (ii) a reasonable
period ending after the individual becomes a Participant; (iii) a reasonable period
ending after Subsection (c) ceases to apply to the Participant; (iv) a reasonable period
ending after this Article first applies to the Participant. Notwithstanding the forego-
ing, notice must be provided within a reasonable period ending after separation flora
service in the case of a Participant who separates from service before attaining age
thirty-five (35).
For purposes of applying the preceding paragraph, a reasonable period ending after
the enumerated events described in (ii), (iii) and (iv) is the end of the two (2) year
per/od beginning one (1) year prior to the date the applicable event occurs, and
ending one (1) year after that date. In the case of a Participant who separates from
service before the PlanYear in which age thirty-five (35) is attained, notice shall be
provided within the two (2) year period beginning one (1) year prior to separation
and ending one (1) year after separation. If such a Participant thereafter returns to
employment with the Employer, the applicable period for such Participant shall be
redetermined.
Notwithstanding the other requirements of this Section, the respective notices
pre~ribed by this Section need not be given to a Participant if(l) the Plan "fully
s.ub~idizes" the costs ofa QuaKfiedJomt and Survivor Annuity or qualified prere-
tarement survivor annuity, and (2) the Plan does not allow the Participant to waive
27
the Qualified Joint and Survivor Annuity or qualified preretirement survivor annuity
and does not allow a married Participant to designate a non-Spouse Beneficiary. For
purposes of this Subsection (c), a plan fully subsidizes the costs ora benefit if no
increase in cost or decrease in benefits to the Participant may result from the
Participant's failure to elect another benefit.
12.05 Definitions. For the purposes of this Section, the following definitiom shall apply:
(a) Annuity Starting Date: The first day of the first period for which an amount is paid
a~ an annuity or any other form.
Election Period: The period which begim on the first day of the PlanYear in which
the Participant attaim age thirty-five (35) and ends on the date of the Participant's
death. Ifa Participant separates from service prior to the first day of the PlanYear in
which age thirty-five (35) is attained, with respect to the Account balance as of the
date of separation, the Election Period shall begin on the date of separation.
Pre-age thirty-five (35) waiver: A Participant who will not yet attain age thirty-five
(35) as of the end of any current PlanYear may make a special Qualified Election to
waive the qualified preretirement survivor annuity for the period beginning on the
date of such election and ending on the first day of the PlanYear in which the
Participant will attain age thirty-five (35). Such election shall not be valid unless the
Participant receives a written explanation of the qualified preretirement survivor
annuity in such terms as are comparable to the explanation required under Section
13.04(a). Qualified preretirement survivor annuity coverage will be automatically
reinstated as of the first day of the PlanYear in which the Participant attaim age
thirty-five (35). Any new waiver on or after such date shall be subject to the full
requirements of this Article.
(c) Earliest Retirement Age: The earliest date on which, under the Plan, the Participant
could elect to receive retirement benefits.
Qualified Election: A waiver of a Qualified Joint and Su~ivor Annuity or a qualified
prerefirement survivor annuity. Any waiver of a Qualified Joint and Survivor Annuity
or a qualified preretirement survivor annuity shall not be effective unless: (a) the
Participant's Spouse coments in writing to the election; (b) the election designates a
specific Beneficiary, including any class of Beneficiaries or any contingent Beneficia-
ries, which may not be changed without spousal consent (or the Spouse expressly
permits designations by the Participant without any further spousal coment); (c) the
Spouse's consent acknowledges the effect of the election; and (d) the Spouse's con-
sent is wimessed by a Plan representative or notary public. Additionally, a
Participant's waiver of the Qualified Joint and Survivor Annuity shall not be effective
unless the election designates a form of benefit payment which may not be changed
without spousal coment (or the Spouse expressly permits designations by the Partici-
pant without any further Spousal consent). If it is established to the satisfaction ora
Plan representative that there is no Spouse or that the Spouse cannot be located, a
waiver will be deemed a Qualified Election.
12.06
Any consent by a Spouse obtained under this provision (or establishment that the
consent ora Spouse may not be obtained) shall be effective only with respect to such
Spouse. A consent that permits designations by the Participant without any require-
ment of further consent by such Spouse must acknowledge that the Spouse has the
right to limit consent to a specific Beneficiary, and a specific form of benefit where
applicable, and that the Spouse voluntarily elects to relinquish either or both of such
rights. A revocation ora prior waiver may be made by a Participant without the
consent of the Spouse at any time before the commencement of benefits. The
number of revocations shall not be limited. No consent obtained under this provi-
sion shall be valid unless the Participant has received notice as provided in Section
12.04.
Qualified Joint and Survivor Annuity: An inmaediate annuity for the life of the
Participant with a survivor annuity for the life of the Spouse which is not less than
fifty percent (50%) and not more than one hundred percent (100%) of the amount of
the annuity which is payable during the joint lives of the Participant and the Spouse
and which is the amount of benefit which can be purchased with the Participant's
Vested Account Balance. The percentage of the survivor annuity shall be fifty per-
cent (50%).
(0
Spouse (Surviving Spouse): The Spouse or Surviving Spouse of the Participant,
provided that a former Spouse will be treated as the Spouse or Surviving Spouse and
a current Spouse will not be treated as the Spouse or Surviving Spouse to the extent
provided under a qualified domestic relations order as described in section 414(p) of
the Code.
(g) Straight Life Annuity: An annuity payable in equal imtallments for the life of the
Participant that terminates upon the Participant's death.
Vested Account Balance: The aggregate value of the Participant's vested Account
balances derived from Employer and Employee contributions (including rollovers),
whether vested before or upon death, including the proceeds of insurance contracts,
if any, on the Participant's life. The provisions of this Article shall apply to a Partici-
pant who is vested in amounts attributable to Employer Contributions, Employee
contributions (or both) at the time of death or distribution.
Annuity Contracts. Where benefits are to be paid in the form of a life annuity pursuant to
the terms of this Article, a nontransferable annuity contract shall be purchased from a life
insurance company and distributed to the Participant or Surviving Spouse, as applicable.
The terms of any annuity contract purchased and distributed by the Plan shall comply with
the requirements of this Plan and section 417 of the Code.
I~Pp 04/30/2000
Xlll. LOANS TO PARTICIPANTS
13.01 Availability of Loans to Participants.
(a)
If the Employer has elected in the Adoption Agreement to make loans available to
Participants, a Participant may apply for a loan Oom the Plan subject to the limita-
tions and other provisions of this Article.
The Employer shall establish written guidelines governing the granting of loans,
provided that such guidelines are approved by the Plan Administrator and are not
inconsistent with the provisions of this Article, and that loans are made available to all
Participants on a reasonably equivalent basis.
13.02 Terms and Conditions of Loans to Participants. Any loan by the Plan to a Participant
under Section 13.01 of the Plan shall satisfy the following requirements:
(a) Availability. Loans shall be made available to all Participants on a reasonably equiva-
lent basis.
(b) Nondiscrimination. Loans shall not be made to highly compensated Employees in
an amount greater than the amount made available to other Employees.
(c) Interest P~ate. Loans must be adequately secured and bear a reasonable interest rate.
(d) Loan Limit. No Participant loan shall exceed the present value of the Participant's
Nonforfeitable Interest in his/her Account.
(e)
Spousal Consent. A Participant must obtain the consent of his/her Spouse, as de-
fined under Section 12.05 if any, within the ninety (90) day period before the time
the Account balance is used as security for the loan. Spousal consent shall be ob-
tained no earlier than the beginning of the ninety (90) day period that ends on the
date on which the loan is to be so secured. The consent must be in writing, must
acknowledge the effect of the loan, and must be witnessed by a Plan representative
or notary public. Such consent shall thereafter be binding with respect to the con-
senting Spouse or any subsequent Spouse with respect to that loan. A new consent
shall be required if the Account balance is used for renegotiation, extension, renewal,
or other revision of the loan.
(0
Foreclosure. In the event of default, foreclosure on the note and attachment of
security will not occur until a distributable event occurs in the Plan.
Reduction of Account. Ifa valid spousal consent has been obtained in accordance
with Subsection (e), then, notwithstanding any other provision of this Plan, the
portion of the Participant's vested Account balance used as a security interest held by
the Plan by reason of a loan outstanding to the Participant shall be taken into ac-
count for purposes of determining the amount of the Account balance payable at the
time of death or distribution, but only if the reduction is used as repayment of the
MPP 04/~0/~000
loan. If less than one hundred percent (100%) of the Participant's nonforfeitaNe
Account balance (determined without regard to the preceding sentence) is payable
to the surviving spouse, then the Account balance shall be adjusted by first xeducing
the nonforfeitable Account balance by the amount of the security used as repayment
of the loan, and then determining the benefit payable to the surviving spouse.
(h)
Amount of Loan. At the time the loan is made, the principal amount of the loan
plus the outstanding balance (principal plus accrued interest) due on any other
: outstanding loans to the Participant or Beneficiary from the Plan and from all other
plans of the Employer that are qualified employer plans under section 72(p)(4) of the
Code shall not exceed the least of~
(1) $50,000, reduced by the excess (if any) of
(a)
The highest outstanding balance of loam fiom the Plan during the
one (1) year period ending on the day before the date on which the
loan is made, over
(b) The outstanding balance of loans ~om the Plan on the date on which
such loan is made; or
(2) The greater of
(a) $10,000, or
(b) One-half (1/2) of the value of the Participant's Nonforfeitable Inter-
est in all of his/her Accounts under this Plan.
For the purpose of the above limitation, all loam fiom all qualified employer plans
under section 72(p)(4) of the Code are aggregated.
(i)
Application for Loan. The Participant must give the Employer adequate written
notice, as determined by the Employer, of the amount and desired time for receiving
a loan. No more than one (1) loan may be made by the Plan to a Participant in any
calendar year. No loan shall be approved if an existing loan from the Plan to the
Participant is in default to any extent.
(J)
Length of Loan. The terms of any loan issued or renegotiated after December 31,
1993, shall require the Participant to repay the loan in substantially equal installments
of principal and interest, at least monthly, over a period that does not exceed five (5)
years from the date of the loan; provided, however, that if the proceeds of the loan
are applied by the Participant to acquire any dwelling unit that is to be used within a
reasonable time (determined at the time the loan is made) after the loan is made as
the principal residence of the Participant, the five (5) year limit shall not apply. In
this event, the period of repayment shall not exceed a reasonable period determined
by the Employer. Principal installments and interest payments otherwise due may be
suspended during an authorized leave of absence, if the promissory note so provides,
MPP 0413012000 ~1
but not beyond the original term permitted under this Subsection 0), with a revised
payment schedule (within such term) instituted at the end of such period of suspen-
sion.
(k) Prepayment. The Participant shall be permitted to repay the loan in whole or in part
at any time prior to maturity, without penalty.
0)
Note. The loan shall be evidenced by a pmruissory note executed by the Participant
a. nd delivered to the Employer, and shall bear interest at a reasonable rate determined
by the Employer.
(m)
Security. The loan shall be secured by an assignment of that portion the Participant's
right, tide and interest in and to his/her Employer Contribution Account (to the
extent vested), Participant Contribution Account, and Portable Benefits Account that
is equal to fifty percent (50%) of the Participant's Account (to the extent vested).
(n)
(o)
Assignment or Pledge. For the purposes of paragraphs (h) and (i), assignment or
pledge of any portion of the Participant's interest in the Plan and a loan, pledge, or
assignment with respect to any imurance contract purchased under the Plan, will be
treated as a loan.
Other Terms and Conditiom. The Employer shall fix such other terms and condi-
tions of the loan as it deems necessary to comply with legal requirements, to main-
tain the qualification of the Plan and Trust under section 401(a) of the Code, or to
prevent the treatment of the loan for tax purposes as a distribution to the Participant.
The Employer, in its discretion for any reason, may fix other terms and conditiom of
the loan, not inconsistent with the provisions of this Article.
13.03 Participant Loan Accounts.
Upon approval of a loan to a Participant by the Employer, an amount not in excess
of the loan shall be transferred fi.om the Participant's other investment fund(s),
described in Section 6.05 of the Plan, to the Participant's Loan Account as of the
Accounting Date immediately preceding the agreed upon date on which the loan is
to be made.
The assets of a Participant's Loan Account may be invested and reinvested only in
promissory notes received by the Plan from the Participant as comideration for a
loan permitted by Section 13.01 of the Plan or in cash. Uninvested cash balances in
a Participant's Loan Account shall not bear interest. No person who is otherwise a
fiduciary of the Plan shall be liable for any loss, or by reason of any breach, that
results from the Participant's exercise of such control.
(c)
Repayment of principal and payment of interest shall be made by payroll deduction
or, where repayment cannot be made by payroll deduction, by check, and shall be
invested in one (1) or more other investment funds, in accordance with Section 6.05
of the Plan, as of the next Accounting Date after payment thereof to the Trust. The
amount so invested shall be deducted from the Participant's Loan Account.
MPP
32
XIV.
(d)
The Employer shall have the authority to establish other reasonable rules, not in-
comistent with the provisions of the Plan, governing the establishment and mainte-
nance of Participant Loan Accounts.
PLAN AMENDMENT, TERMINATION AND OPTIONAL PROVISIONS
14.01 Amendment by Employer. The Employer reserves the right, subject to Section 14.02 of
the Plan, to amend the Plan from time to time by either:
(a) Filing an amended Adoption Agreement to change, delete, or add any optional
provision, or
(b) Continuing the Plan in the form of an amended and restated Plan and Trust.
No amendment to the Plan shall be effective to the extent that it has the effect of decreas-
ing a Participant's accrued benefit. Notwithstanding the preceding sentence, a Participant's
Account balance may be reduced to the extent permitted under section 412(c)(8) of the
Code. For purposes of this paragraph, a Plan amendment which has the effect of decreas-
ing a Participant's Account bahnce or eliminating an optional form of benefit, with respect
to benefits attributable to service before the amendment shall be treated as reducing an
accrued benefit. Furthermore, if the vesting schedule of the Plan is amended, in the case of
an Employee who is a Participant as of the later of the date such amendment is adopted or
the date it becomes effective, the nonforfeitable percentage (determined as of such date) of
such Employee's right to his/her Employer-derived accrued benefit will not be less than his
percentage computed under the plan without regard to such amendment.
14.02
The Employer may (1) change the choice of options in the Adoption Agreement, (2) add
overriding language in the Adoption Agreement when such language is necessary to satisfy
sections 415 or 416 of the Code because of the required aggregation of multiple plans, and
(3) add certain model amendments published by the Internal P,.evenue Service.
Amendment of Vesting Schedule. If the Plan's vesting schedule is amended, or the Plan is
amended in any way that directly or indirectly affects the computation of the Participant's
nonforfeitable percentage, each Participant may elect, within a reasonable period after the
adoption of the amendment or change, to have the nonforfeitable percentage computed
under the Plan without regard to such amendment or change.
The period during which the election may be made shall commence with the date the
amendment is adopted or deemed to be made and shall end on the latest of.'
(a) Sixty (60) days after the amendment is adopted;
(b) Sixv/(60) days after the amendment becomes effective; or
(c) Sixty (60) days after the Participant is issued written notice of the amendment by the
Employer or Plan Administrator.
MPP 04/~0/2000 ·
14.03
Termination by Employer. The Employer reserves the right to terminate this Plan. How-
ever, in the event of such termination no part of the Trust shall be used or diverted to any
purpose other than for the exclusive benefit of the Participants or their Beneficiaries,
except as provided in this Section
Upon Plan termination or partial termination, all Account balances shall be valued at their
fair market value and the Participant's right to his/her Employer Contribution Account
shall be one hundred percent (100%) vested and nonforfeitable. Such amount and any
other amounts held in the Participant's otherAccounts shall be maintained for the Par-
ticipan~ until paid pursuant to the terms of the Plan.
Any amounts held in a suspeme account, after all liabilities of the Plan to Participants and
Beneficiaries have been satisfied or provided for, shall be paid to the Employer in accor-
dance with the Code and regulations thereunder.
In the event that the Commissioner oflnternal B. evenue determines that the Plan is not
initially qualified under the Internal 1Kevenue Code, any contribution made by the Em-
ployer incident to that initial qualification must be returned to the Employer within one
year a~er the date the initial qualification is denied, but only if the application for the
qualification is made by the time prescribed by law for filing the Employer's return for the
year in which the Plan is adopted, or such later date as the Secretary of the Treasury may
prescribe.
14.04
Discontinuance of Contributiom. A permanent discontinuance of contributions to the
Plan by the Employer, unless an amended and restated Plan is established, shall constitute a
Plan termination.
14.05
Amendment by Plan Administrator. The Plan Administrator may amend this Plan upon
thirty (30) days written notification to the Employer; provided, however, that any such
amendment must be for the express purpose of maintaining compliance with applicable
federal laws and regulatiom of the Internal l~evenue Service. Such amendment shall
become effective unless, within such 30-day period, the Employer notifies the Administra-
tor, in writing, that it disapproves such amendment, in which case such amendment shall
not become effective. In the event of such disapproval, the Administrator shall be under no
obligation to continue acting as Administrator hereunder.
14.06 Optional Provisiom. Any provision which is optional under this Plan shall become effec-
tive if and only if elected by the Employer and agreed to by the Plan Administrator.
XV. ADMINISTIK.ATION
15.01 Powers of the Employer. The Employer shall have the following powers and duties:
(a) To appoint and remove, with or without cause, the Plan Administrator;
(b) To amend or terminate the Plan pursuant to the provisions of Article XIV;
MPP 0413012000
(c) To appoint a comnfittee to facilitate administration of'the Plan and communicatiom
to Participants;
(d) ' To decide all questions of eligibility (1) for Plan participation, and (2) upon appeal
by any Participant, Employee or Beneficiary, for the payment of benefits;
(e) To engage an independent qualified public accountant, when required to do so by
law, to prepare annually the audited financial statements of the Plan's operation;
: (0 To take all actions and to communicate to the Plan Administrator in writing all
necessary information to carry out the terms of the Plan and Trust; and
(g) To notify the Plan Administrator in writing of the termination of the Plan.
15.02 Duties of the Plan Administrator. The Plan Administrator shall have the following powers
and duties:
(a)
To construe and interpret the pmvisiom of the Plan;
To maintain and provide such returns, reports, schedules, descriptiom, and individual
Account statements, as are required by law within the times prescribed by law; and
to furnish to the Employer, upon request, copies of any or all such materials, and
further, to make copies of such instruments, reports, descriptiom, and statements as
are required by law available for examination by Participants and such of their
Beneficiaries who are or may be entitled to benefits under the Plan in such places
and in such manner as required by law;
(c) To obtain ~om the Employer such information as shall be necessary for the proper
administration of the Plan;
(d) To determine the amount, manner, and time of payment of benefits hereunder;
(e) To appoint and retain such agents, counsel, and accountants for the purpose of
properly administering the Plan;
To distribute assets of the Trust to each Participant and Beneficiary in accordance
with Article X of the Plan;
15.03
To pay expenses fiom the Trust pursuant to Section 6.03 of the Plan; and
To do such other acts reasonably required to administer the Plan in accordance with
its provisions or as may be provided for or required by law.
Protection of the Employer. The Employer shall not be liable for the acts or omissions of
the Plan Administrator, but only to the extent that such acts or ornissiom do not result
from the Employer'~ failure to provide accurate or timely information as required or
necessary for proper administration of the Plan.
MPP 04/30/2000 ·
35
15.04
Protection of the Plan Administrator. The Plan Administrator may rely upon any certifi-
cate, notice or direction purporting to have been signed on behalf of the Employer which
the Plan Administrator believes to have been signed by a duly designated official of the
Employer.
15.05
Resignation or Removal of Plan Administrator. The Plan Administrator may resign at any
time effective upon sixty (60) days prior written notice to the Employer. The Plan Admin-
istrator may be removed by the Employer at any time upon sixty (60) days prior written
notice to the Plan Administrator. Upon the resignation or removal of the Plan Administra-
tor, the Employer may appoint a successor Plan Administrator; failing such appointment,
the Employer shall assume the powers and duties of Plan Administrator. Upon the resigna-
tion or removal of the Plan Administrator, any Trnst assets invested by or held in the name
of the Plan Administrator shall be transferred to the trustee in cash or property, at fair
market value, except that the return of Trust assets invested in a contract issued by an
insurance company shall be governed by the terms of that contract.
15.06 No Termination Penalty. The Plan Administrator shall have no authority or discretion to
impose any termination penalty upon its removal.
15.07
Decisions of the Plan Administraton All constructions, determinatiom, and interpretations
made by the Plan Administrator pursuant to Section 15.02(a) or (d) shall be final and
binding on all persons participating in the Plan, given deference in all courts of law to the
greatest extent allowed by applicable law, and shall not be overturned or set aside by any
court of law unless found to be arbitrary or capricious, or made in bad faith.
XVI. MISCELLANEOUS
16.01
Nonguarantee of Employmentl Nothing contained in this Plan shall be construed as a
contract of employment between the Employer and any Employee, or as a right of an
Employee to be continued in the employment of the Employer, as a limitation of the right
of the Employer to discharge any of its Employees, with or without cause.
16.02
Rights toTrust Assets. No Employee or Beneficiary shall have any right to, or interest in,
any assets of the Trust upon termination of his/her employment or otherwise, except as
provided fi'om rime to time under this Plan, and then only to the extent of the benefits
payable under the Plan to such Employee or Beneficiary out of the assets oftheTrust. All
payments of benefits as provided for in this Plan shall be made solely out of the assets of
the Trust and none of the fiduciaries shall be liable therefor in any manner.
16.03
Nonalienation of Benefits. Except as provided in Section 16.04 of the Plan, benefits
payable under this Plan shall not be subject in any manner to anticipation, alienation, sale,
transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or leW of any
kind, either voluntary or involuntary, prior to actually being received by the person eh-
rifled to the benefit under the terms of the Plan; and any attempt to anticipate, alienate, sell,
transfer, assign, pledge, encumber, charge or otherwise dispose of any right to benefits
payable hereunder, shall be void. The Trust shall not in any manner be liible for, or subject
to, the debts, contracts, liabilities, engagements or torts of any person entitled to benefits
hereunder.
16.04
16.05
16.06
Qualified Domestic Relations Order. Notwithstanding Section 16.03 of the Phn, amounts
may be paid with respect to a Participant pursuant to a domestic relations order, but if and
only if the order is determined to be a qualified domestic relafiom order within the mean-
ing of section 414(p) of the Code or any domestic relafiom order entered before January 1,
1985.
Nonforfeitability of Benefits. Subject only to the specific provisions of this Plan, nothing
shall be deemed to deprive a Participant of his/her right to the Nonforfeitable Interest to
which he/she becomes entitled in accordance with the provisions of the Plan.
Incompetency of Payee. In the event any benefit is payable to a minor or incompetent, to
a person otherwise under legal disability, or to a person who, in the sole judgment of the
Employer, is by reason of advanced age, illness, or other physical or mental incapacity
incapable of handling the disposition of his/her property, the Employer may apply the
whole or any part of such benefit directly to the care, comfort, maintenance, support,
education, or use of such person or pay or distribute the whole or any part of such benefit
tO:
16.07
(a) The parent of such person;
(b) The guardian, committee, or other legal representative, wherever appointed, of such
person;
(c) The person with whom such person resides;
(d) Any person having the care and control of such person; or
(e) Such person personally.
The receipt of the person to whom any such payment or distribution is so made shall be
full and complete discharge therefore.
Inability to Locate Payee. Anything to the contrary herein notwithstanding, if the Em-
ployer is unable, after reasonable effort, to locate any Participant or Beneficiary to whom
an amount is payable hereunder, such amount shall be forfeited and held in the Trust for
application agaimt the next succeeding Employer Contribution or contributiom required
to be made hereunder. Notwithstanding the foregoing, however, such amount shall be
reimtated, by meam of an additional Employer contribution, if and when a claim for the
forfeited amount is subsequently made by the Participant or Beneficiary or if the Employer
receives proof of death of such person, satisfactory to the Employer. To the extent not
incomistent with applicable law, any benefits lost by reason of escheat under applicable
state law shall be considered forfeited and shall not be reinstated.
MPP 0413012O00 ·
37
16.08
16.09
16.10
16.11
Mergers, Consolidations, and Transfer of Assets. The PLan shall not be merged into or
comolidated with any other plan, nor shall any of its assets or habilities be transferred into
any such other plan, unless each Participant in the Plan would (if the Plan then terminated)
receive a benefit immediately after the merger, consohdation, or transfer that is equal to or
greater than the benefit he/she would have been entitled to receive immediately before the
merger, consolidation, or transfer (if the Plan had then terminated).
Employer R.ecords. Records of the Employer as to an Employee's or Participant's Period
of Seryice, termination of service and the reason therefor, leaves of absence, reemployment,
Earnifigs, and Compemation will be conclusive on all persons, unless determined to be
incorrect.
Gender and Number. The masculine pronoun, whenever used herein, shall include the
feminine pronoun, and the singular shall include the plural, except where the
context requires otherwise.
Apphcable Law. The Plan shall be construed under the laws of the State where the Em-
ployer is located, except to the extent superseded by federal law. The Plan is established
with the intent that it meets the requirements under the Code. The provisions of this Plan
shall be interpreted in conformity with these requirements.
In the event of any conflict between the Plan and a pohcy or contract issued hereunder,
the Plan provisions shall control; provided, however, no Plan amendment shall supersede an
existing pohcy or contract unless such amendment is required to maintain qualification
under section 401 of the Code.
ICMA R.£TIR. EMENT COR. POR. ATION
INTERNAL REVENUE SERVICE
DETERMINATION LETTER
INTERNAL REVENUE SERVICE
DISTRICT DIRECTOR
P. O. BOX 2508
CINCINNATI, OH 45201
Deter DEC 0,'2
DEPARTMENT OF THE TREASURY
Employer Identification Number:
DLN:
17007257030028
Person to Contact:
DONALD G ERULCZYK
Contact Telephone Number:
(877) 829-5500
Plan Name:
ID# 31255
Dear Applicant:
We have made a favorable determination on your plan, identified above,
based on the information supplied. Please keep this letter in your permanent
records.
Continued qualification of the plan under its present form will depend
on its effec: in operation. (See section 1.401-1(b) (3) of the Income Tax
Regulations.) we will review the status of :he plan in operation periodically.
The enclosed document explains the significance of chis favorable
determination let=er, points out some events that may affect the c~ualified
status of your employee retirement plan, and provides information on the
reporting requirements for your plan. It also describes some events that
automatically nullify it. It is very important that you read the publication.
This letter relates only :o the status of your plan u~der the Internal
Revenue Code. It is not a determination regarding the effect of other federal
or local statutes.
This determination is subject to your adopt/on of the proposed amendments
submitted in your letter dated December 1, 1999. The proposed amendments
should be adopted on or before the date prescribed by the regulations under
Code section 401(b).
This determination letter is applicable for the plan adopted on
March 5, 1998.
This letter considers the changes in the qualifications requirements made
by the Uruguay Round Agreements Ac= (GATT), Pub. L. 103-465, and the Taxpayer
Relief Act of 1957, Pub. L. 108-34, and the changes in the qualifications
requirements made by the Small Business Job Protection Act of 1996, Pub. L.
104-188, that are effective before the first day of the first plan year
beginning after December 31, 1998.
The information on the enclosed Publication 794 is an integral part of
this determination. Please be sure to read and keep it with this letter.
The requirement for employee benefits plans to file summary plan
descriptions (SPD) with the U.S. Department of Labor was eliminated effec:ive
Letter 835 (DO/CG)
WASHINGTON CONVENTION CENTER
-2-
August S, 1997. For more details, call 1-800-998-7542 for a free copy of the
SPD card.
The infor~ation on the enclosed addendum is an integral part of
this determination. Please be sure to read and keep it with this letter.
We have sent a copy of this letter to your representative as indicated in
the power of attorney.
If you have questions concerning this ma~ter, please contact the person
whose name and telephone number are sho~ above.
Sincerely yours,
Enclosures:
Publication 794
Addendum
Letter 835 (DO/CG)
Depaflmerlt
of the
Treasury
internal
Revenue
~ervlce
Publloltlon ?~1,
Catalog Number 20630M
Favorable
Determination
Letter
Introduction
This publication explains the significance of
your favorable determination letter, points
out some features that may affect the quali-
fied status of your employee retirement
plan and nullify your determination latter
without specific notice from us, and
provides general information on the
reporting .requirements for your plan.
Significance of a Favorable
Determination Letter
An employee retirement plan qualified
under Internal Revenue Code section
401(a) (qualified plan) is entitled to favor-
able tax treatment. For example, contri-
butions made in accordance with the plan
document are generally currently
deductible. However, participants will not
include these contributions into income
until the time they receive a distribution
from the plan, at which time special income
averaging rates for lump sum distributions
may '=ewe to reduce the tax liability. In
some cases, taxation may be further
deferred by rollover to another qualified
plan or individual retirement arrangement.
(See Publication 575, Pension and Annuity
Income, for further details.) Finally, plan
earnings may accumulate free of tax.
Employee retirement plans that fail to
satisfy the requirements under Code
section 401(a) are not entitled to favorable
tax treatment. Therefore, many employers
desire advance assurance that the terms of
their plans satisfy the qualification require-
ments. The internal Revenue Service
provides such advance assurance by
means of the determination letter program.
A favorable determination letter indicates
that, in the opinion of the Serv;ca, the terms
of the plan conform to the requirements of
Internal Revenue Code section 401(a). In
addition, a favorable determination fatter
may indicate that, on the basis of other
information provided in your application, it
has been demonstrated that the plan saris-
ties certain nondiscrimination requirarnents
of Code section 401(a). See the following
topic, Limitations of a Favorable
Determination Letter, for more details.
Limitations of a Favorable
Determination Letter
A favorable determination letter is limited tn
scope and may also have a limited useful
life. A determination latter generally
applies to qualification requirements
regarding the form of the plan. A detarmi-
nat on etter may a so apply to other quahfl-
cation requirements pertaining to the prohi-
bition against discrimination in favor of
highly compensated employees. These
requirements are generally referred to as
the coverage and nondiscrimination
requirements. They include the nondiscrim-
ination requirements of section 401(a)(4) of
the Code, the minimum coverage require-
ments of section 410(b), and certain
related requirements.
The extent to which a determination
fatter applies to the coverage and nondis-
crimination requirements depends on the
terms of the plan, the scope of the determi-
nation you requested, and the additional
information you supplied with your applica-
tion, Your determination fatter will contain
specific statements that will describe the
scope of reliance represented by the letter.
In addition, the following apply gener-
ally to all determination lettem:
· The determination letter may not
include a statement regarding the minimum
coverage requirements of Code section
410(b); this means that you have demon-
streted that the plan satisfies these require-
merits by satisfying the ratio-pementage
test.
· A favorable determination letter
means that you have demonstrated that the
plan satisfies the minimum participation
requirements of Code section 401 (a)(26).
· If you maintain two or more retire-
ment plans some of which were either not
submitted to the Service for determination
or not disclosed on each application,
certain limitations and requirements will not
have been considered on an aggregate
basis. Therefore, you may not rely on the
determination letter regarding the plans
when considered as a total package.
· A determination letter does not
consider the special requirements relating
to: (a) affiliated service groups, (b) leased
employees, or (c) plan assets or liabilities
involved in a merger, consolidation, spin-oft
or transfer of assets with another plan
unless the letter includes a statement that
the requirements of Internal Revenue Code
section 414(m) (affiliated service groups),
or 414(n) (leased employees) or 414(I)
(mergers, consolidations, spin-offs, or
transfers) have been considered.
· For plans that are not amended to
comply with the final nondiscrimination
regulations retroactively to the 1989 plan
year, a determination letter may not be
relied upon as to whether plan provisions
satisfy a good faith interpretation of the
requirements of section 401(a)(4) and
[elated sections of the Cede.
· No determination letter may be relied
on with respect to the effective availability
of benefits, dghts, or features under the
plan. (See section 1.401(a)(4)-4(c) of the
Income Tax Regulations.) Reliance on
whether benefits, dghts, or features are
currently available to a non-discriminatory
group of employees is provided to the
extent specified in the letter.
· A determination letter does not
consider whether actuarial assumptions are
reasonable for funding or deduction
purposes or whether a specific contribution
is deductible.
· A determination letter does not
consider and may not be relied on with
respect to certain other matters described
in section 5.07 of Rev. Proc. 98-6, 1998-1
I.R.B. 183 (i.e., whether a plan amendment
is part of a pattern of amendments that
significantly discriminates in favor of highly
compensated employees; the use of the
substantiation guidelines contained in Rev.
Proc. 93-42, 1993-31 I.R.B. 32; and certain
qualified separate lines of business require-
ments of section 414(r) of the Code).
· The determination letter applies only
to the employer and its participants on
whose behalf the determination letter was
issued.
· A determination letter does not
express an opinion whether disability bene-
fits or medicel care benefits are acceptable
as accident or health plan benefits
deductible under IRC section 105 or 106.
Become familiar with the terms of the
determination letter. Please call the contact
person listed on the determinati?n letter if
you do not understand any terms in your
determination letter.
Retention of Information. Whether a plan
meets the qualification requirements is
determined from the information in the
written plan document, the application form
and the supporting information submitted by
the employer. Therefore, you must retain
copies of any demonetrationa or other
information submitted with your applina-
tlon. Such demonstrations determine
the extent of reliance provided by your
determination letter. Failure to retain
such Information may limit the scope of
reliance on issues for which demonstra-
tions were provided. We have not vedfiad
this information. The determination letter
will not provide reliance if:
(1) there has been a misstatement or
omission of material facts, (for example, the
application indicated that plan was a
governmental plan and it was not a govern-
mental plan).
(2) the facts subsequently developed
are materially different than the facts on
which the determination was made, or
(3) there is a change in applice~e law.
Law chengee affecting the plan, In
general, a determination letter is issued
beseq on the law in effect at the time the
application is received. For termination
plans, a determination letter is based on
the law in effect at the time of the plan's
termination. However, your letter may
include a statement indicating an exception
to this rule.
Amendments to the plan. A favorable
determination letter may no longer apply if
there is a change in a statute, regulation, or
revenue ruling applicable to the qualifica-
tion of the plan. However, the determina-
tion letter will continue to apply for years
before the effective date of the statute, ;
regulation, or revenue ruling. If the letter
no longer applies to the plan, the plan must
be amended to comply with the new
requirements to maintain its qualified
status.
Generally, if a regulation changes, the
amendment must be adopted by the end of
the first plan year beginning after the adop-
tion date of the regulation. Generally, if a
revenue ruling changes, the amendment
must be adopted by the end of the first plan
year beginning after the publication date of
the revenue ruling. Generally, the amend-
ment must be effective not later than the
first day of such plan year.
Extended Reliance. In general, individually
designed plans (not master or prototype
plans) submitted for a determination letter
before July 1, 1994 need not be amended
for, or comply in operation with subsequent
Treasury regulations or other guidance (for
example, revenue rulings, notices, etc.)
issued by the Service after the date of the
plan determination letter until the last day
of the last plan year commencing prior to
January 1, 1999, unless specifically stated
otherwise.
However, plans must be amended by
any date(s) established for plan amend-
ment by subsequent legislation. If the
determination letter is dated after June 30,
1994, this extended reliance will apply only
if so stated in the determination letter.
Similar reliance applies to master and
prototype or regional prototype plane if
the plan sponsor requested a notification or
opinion fatter before April 1, 1991.
Plan Must Qualify in
Operation
Generally, a plan qualifies in operation if it
continues to satisfy the coverage and non-
discrimination requirements and is main-
tained according to the terms on which the
favorable determination letter was issued.
Changes in facts and other bases on whict'
the determination letter was issued may
mean that the determination letter may no
longer I~e relied upon.
Some examples of the effect of a
plan's operation on a favorable determine-
tion are:
Not meeting nondiscrimination In
amount requirement. If the determination
letter states that the plan satisfies the non-
discrimination in amount requirement of
section 1.401(a)(4)-l(b)(2) of the regula-
tions on the basis of a design-based safe
harbor, the plan wilt generally continue to
satisfy this requirement in operation if the
plan is maintained accordirtg tO its terms. If
the determination letter states that the plan
satisfies the nondiscrimination in amount
requirement on the basis of a nondesign-
based safe harbor or a general test, and
the plan subsequently fails to meet this
requirement in operation, the letter may no
longer be relied upon with respect to this
requirement.
Not meeting minimum coverage require-
ments. If the determination letter does not
include a statement regarding the
minimum coverage requirements of Code
section 410(b), this means that the plan
satisfies these requirements by satisfying
the ratio-percentage test. However, if the
plan subsequently fails to satisfy the ratio-
percentage test in operation, the letter may
no longer be relied upon with respect to
the coverage requirements. Likewise, if
the determination letter states the plan
satisfies the average benefit test, the letter
may no longer be relied on with respect to
the coverage requirements once the plan
fails to satisfy the average benefit test in
operation.
Changes In testing methods. If the deter-
mination letter is based in pert on a
demonstration that a coverage or nondis-
crimination requirement is satisfied, and, in
the operation of the plan, the method used
to test that this requirement continues to be
satisfied is changed (or is required to be
changed because the facts have changed)
from the method employed in the demon-
stration, the letter may no longer be relied
upon with respect to this requirement.
Contributions or benefits In excess of
the limitations under Code lection 415.
A retirement plan may not provide retire-
ment benefits or, in the case of a defined
contribution plan, contributions and other
additions, that exceed the limitations speci-
fied in Internal Revenue Code section 415.
Your plan contains provisions designed to
provide benefits within these limitations.
Please become familiar with these limita-
tions for your ~n will be disqualified if
these limitations are exceeded.
Top heavy minimums. If this plan primarily
benefits employees who are highly
COmpensated, it may be a top heavy plan
and must provide certain minimum benefits
and vesting for lower compensated
employees. If your plan provides the accel-
erated benefits and vesting only for yearn
during which the plan is top heavy, failure
to identify such years and to provide the
accelerated vesting and benefits will
disqualify the plan.
Actual deferral pementage or contribu-
tion percentage tests. If this plan
provides for cash or deferred arrange-
ments, employer matching contributions, or
employee contributions, the determination
letter does not consider whether special
discrimination tests described in Code
section 401(k)(3) or 401(m)(2) have been
satisfied in operation. However, the letter
considers whether the terms of the plan
satisfy the requirements specified in Code
section 401(k)(3) or 401(m)(2).
Reporting Requirements
Most plan administrators or employers who
maintain an employee benefit plan must file
an annual return/report with the Internal
Revenue Service, or, for years after 1998,
with the Department of Labor. The following
is a general discussion of the forms to be
used for this purpose. See the instructions
to each form for specific information:
Form 5500-EZ, Annual Return of One-
Participant (Ownera and their Spouses)
Pension Benefit Plane - generally for a
'One*participant Plan", which is a plan that
covers only:
(1) an individual, oran individual end
his or her spouse who wholly own a busi-
ness, whether incorporated or not; or
(2) partner(s) in a partnership or the
partner(s) and the partner's spouse.
If Form 5500-E.Z cannot be used, the
one-participant plan should use Form
5500-C/R, Return/Report of Employee
Benefit Plan.
Note. A 'one-participant" plan that has no
more than $100,000 in assets at the end of
the plan year is not required to file a return.
However, Form 5500-F_.Z must be filed for
any subsequent year in which plan assets
exceed $100,000. (This amount may have
increased after publication of this docu-
ment.) If two or more one-participant plans
have more than $100,000 in assets, a
separate Form 5500-F_.Z must be filed for
each plan.
A 'Final' Form 5500-EZ must be filed if
the plan is terminated or it assets drop
below $100,000 and you wish to stop filing
Form 5500, Annual Return/Report of
Employee Benefit Plan - for a pension
benefit plan with 100 or more participants
at the beginning of the plan year.
Form 5500-C~R, Return/Report of
Employee Benefit Plan - for each pension
benefit plan with more than one but fewer
than 100 participants at the beginning of
the plan year. Form 5500-C/R takes the
place of separate Forms 5500-C and
5500-R. Filing only the first two pages of
Form 5500-C/R constitutes the filing of
Form 5500-R for plan years for which Form
5500-C is not filed.
Note. Keogh (H.R. 10) plans having over
$100,000 in assets are required to file an
annual return even if the only pafficipents
are owner-employees. The term "owner-
employee" includes a partner who owns
more than 10% interest in either the capital
or profits of the partnership. This applies to
both defined contribution and defined
benefit plans.
When to file. Forms 5500 and 5500-EZ
must be filed annually. Form 5500-C must
be filed for (il the initial plan year, (ii) the
year a final return/report would be filed,
and (iii) at thrse-year intervals. Form 5500-
R (pages 1 and 2 of Form 5500-C/R) must
be filed in the years when 5500-C is not
filed. However, 5500-C will be accepted in
place of 5500-R.
Form 5330 for prohibited trensactlona -
Transactions between a plan and someone
having a relationship to the plan (disquali-
fied person) are prohibited, unless specifi-
cally exempted from this requirement. A
few examples are loans, sales and
exchanges of property, leasing of property,
furnishing goods or services, and use of
plan assets by the disqualified person.
Disqualified persons who engage in a
prohibited transaction for which there is no
exception must file Form 5330 by the last
day of the seventh month after the end of
the tax year of the disqualified person.
Form 5330 for tax on nondeductible
employer contributions to qualified
plans - If contributions are made to this
plan in excess of the amount deductible, a
tax is imposed upon the excess contribu-
tion. Form 5330 must be filed by the last
day of the seventh month after the end of
the employer's tax year.
Form 5330 for tax on excess contribu-
tions to cash or deferred arrangements
or excess employee contributions or
employer matching contributions - If a
plan includes a cash or deferred arrange-
ment (Code section 401(k)) or provides for
employee contributions or employer
matching contributions (Code section
401 (m)), then excess contributions that
would cause the plan to fail the actual
deferral percentage or the actual contribu-
tion percentage test are subject to a tax
unless the excess is eliminated within 2½
months after the end of the plan year.
Form 5330 must be filed by the due date of
the empJoyer's tax return for the plan year
iA which the tsx was inoUtTed.
Form S330 for tax on reverslone of plan
~sasta - Under Code section 4980, a tax is
payable on the amount of almost any
employer reversion of plan assets. Form
5330 must be flied by the last d~ of the
mc~th following the month in which the
reversion occurred.
Form 5310-A for certain transactions -
Under Code section 6058(b), an actuarial
statement is required at least 30 days before
a merger, consolidation, or transfers
(including spin.offs) of asseL~ to another
plan. This statement is required for all plans.
However, penalties for non-filing will not
apply to defined contribution plans for which:
(1) The sum of the account balances
in each plan equals the lair market value of
all plan assets,
(2) The assets of each plan are
combined to form the assets of the plan as
merged,
(3) Immediately after a merger, the
account balance of each participant is
equal to the sum of the account balances
of the participant immediately before the
merger, and
(4) The plans must not have an
unamortized waiver or unallocated
suspense account.
Penalties will also not apply if the
assets transferred are less than three
percent of the assets of the plan involved in
the transfer (spinoff}, and the transaction is
not one of a series of two or more transfers
(spinoff transactions) that are, in
substance, one transaction.
The purpose of the above discussions
is to illustrate some of the principal filing
requirements that apply to pension plans.
This filing is not an exclusive listing of all
returns and schedules that must be filed.
Disclosure. The Internal Revenue Service
will process the returns and provide the
Department of Labor and the Pension
Benefit Guaranty Corporation with the
necessary information and copies of the
returns on microfilm for disclosure
purposes.
ICMA R. ETIR. EMENT COR. POR. ATION
DECLARATION OF TRUST
OF THE ICMA RETIREMENT TRUST
DECLARATION OF TRUST OF ICMA RETIREMENT TRUST
ARTICLE I. NAME AND DEFINITIONS
Section 1.1 Name:The name of the trust created
hereby is the ICMA R.etirement Trust.
Section 1.2 De~nitions:Wherever they are used herein,
the fo.llowing t?rms shall have thc following respective
(a) By-laws. The by-hws referred to in Section 4.1
hereof, as ~aended fi'om time to time:
(b)
Deferred Compemation Plan. A deferred
compemation plan established and maintained
by a Public Employer for the purpose of
providing retirement income and other deferred
benefits to its employees in accordance with thc
provision of section 457 of the Internal
R. evenue Code.
(c)
~.mployees. Those employees who participate
in Qualified Plans and/or Deferred Compen~.
tion Phns.
(d)
Employer Trust. A n'nst created pursuant to an
agreement bet-ween B.C and a Public £mploycr,
or an agreement between g.C and a Public
Employer for administrative services that is not a
trust, in either case for the purpose of investing
and administering the funds set aside by tach
Employer in connection with its Deferred
Compemation agreements with its employe~ ,~.
in connection with its Qualified Plan.
(e)
Investment Contract. A non-negotiable
contract entered into by thc Retirement Trust
with a financial imfitotion that provides for a f
fixed rate ofretorn on investment.
ICMA. The International City/County
Management Association.
ICMA Trustees. Those Trustees elected by thc
Public Employers in accordance with thc
provisiom of Section 3.1 (a) hereof, who ase
· iso members or former members of the
Executive Board of ICMA.
RC Tru~tees. Thore Trusrees elected by
Public Employers who. in accordance with thc
provisiom of Section 3.1 (a) hereof, are
members or former members of thc Board of
Directors of RC.
(i) InternM Revenue Code. The lnrerml R~-v-
enue Code of 1986, as amended.
(J)
(m)
(n)
(o)
(p)
(r)
(t)
lnvesm~ent Adviser.The Investment Adviser that
enters into a contract with the R. etirement Trust
to provide advice with respect to investment of
the Trust Property.
Portfolios. The sep~-~te commingled pools of in
vestment established by the Investment Adviser to
the Retirement Trust, under the supervision of
the Trostees, for the purpose of providing invest-
merits for the Trust Property.
Public Employee Trustees. Those Trustees
elected by the Public Employers who, in accor
dance with the provision of Section 3.1 (a) hereof,
~re full-me employees of Pubhc Employers.
Public Employer Trustees. Public Employers
who serve as trustees of the Qualified Plato or
Deferred Compemation Plans.
Public Employer. A unit of stare or local
government, or any agency or instrumentality
thereof, that has adopted a Deferred Compensa-
tion Plan or a Qn~lifled Plan and has executed
this Dechration of Trust.
Qualified Plan. A plan that is sponsored by a
Public Employer for the purpose of providing
retirement income to its employees and that
satisfies the qualification requirements of Section
401 of the Internal R. evenue Code.
Public ~mployer Trust. A trust that is
established by a Public Employer in connection
with its Qualified Plan and that satisfies the
requirements of Secfion 501 of the Internal
R.evenue Code, or a trust established by-a
Public Employer in connection with its Deo
fen'ed Compensation Plan and that satisfies the
requirements of Section 457(b) of the Internal
Revenue Code.
RC.The International City Management
Association R. etirernent Corporation.
Retirement Trust. The Trust created by this
Declaration of Trust.
Trust Property. The amounts held in the
R.etirement Trust as provided in Section 2.3.
TheTrnst Property shall include any income
resulnng from the investment to the amounts so
held.
Trustees. The Public Employee Trustees, ICMA
Trustees ;md R. CTrnstees elected by the Public
Employers to serve as members of the Board of
Trustees of the P..edrement Trust.
ARTICLE II. CREATION AND PURPOSE OF THE
TRUST; OWNERSHIP OF TRUST PROPERTY
Section 2.1 Creation:
0)
The lO. efirement Trnst was created by the execu-
tion of this Declaration of Trust by the initial
Trustees and Public Employers and is established
with respect to each participating Public
Employer by adoption of this Declaration of
Trust.
The l~etirement Trust is hereby expressly made
a Fart of the appmpriate Qualified Plan or
Deferred Compemation Plan of each Public
Employer that executes or has executed this
Declaration of Trust.
Section 2.2 Purpose and Participation:
The purpose of the R. etirement Trust is to pro-
vide for the commingled investment of funds held
by the Public Employers in connection with their
Deferred Compemation and Qualified Plans. Tbe
Trust Property shall be invested in the Portfolios,
in Investment Contracts, and in other investments
recommended by the Investment Adviser under
the supervision of the Board of Trustees. No part
oftheTrust Property will be invested in securities
issued by Public Employers.
ties) who are entitled to benefits under such Pub-
lic Employer Trust.
(c) No employer's- Public EmployerTrust may
assign any part of its equity or interest in the
R. etirement Trust, and any purported assignment
of such equity or interest shall be void.
ARTICLE IlL TRUSTEES
Section 3.1 Number and Qualification of Trustees:
The Board of Trustees shall consist of nine
Trustees. Five of theTrustees shall be fxfll-time
employees ora Public Employer (the Public
EmployeeTrustees) who are authorized by such
Public Employer to serve as Trustee. The re-
malting four Trustees shall comist of two per-
sore who, at the time of election to the Board of
Trustees, are members or former members of
the Executive Board of ICMA, and two persons
who, at the time of election, are members or
former members oftbe Board of Directors of
iKC. One of the ICMA Trustees and one of the
t~.C Trustees shall, at the time of election, be
full-time employees of Public Employers.
CO) No person may serve as aTrustee for more than
two terms in any ten-year period.
Co)
Participation in the IKetirement Trust is limited to
M pension and profit-sharing trusts which are
maintained by Public Employers and that are ex-
empt under section 501(a) of the Internal R. ev-
enue Code because the Q-.li~ed Plato related
thereto qualify under section 401(a) of the Inter-
hal R.evenue Code and (ii) deferred compensa-
tion plans maintained by Public Employers under
Section 457 of the Internal Revenue Code (and
trusts maintained by such Pubhc Employers in con-
nection with such 457 plans).
Section 2.3 Ownership of Trust PFoperty:
(a) TheTrustees shall have legal tire to theTrust Prop-
erty. The Trust Property ~ be held as follows:
3.2 Election and Term:
Except for the Trustees appointed to fill
vacancies pursuant to Section 3.5 hereof, the
Trustees shall be elected by a vote ora majority
of the voting Public Employers in accordance
with the procedures set forth in the By-Laws.
At the first election of Trustees, three Trustees
shall be elected for a term of three years, three
Trustees shall be elected for a term of two years
and three Trnstees shall be elected for a term of
one year. At each subsequent election, three
Trustees shall be elected each to serve for a term
of three years and until his or her successor is
elected and qualified.
(i) for the Public EmployerTrustees for the ex-
clusive benefit of the Employees; or
(ii) in the case ora Deferred Compensation Plan
maintained by a Public Employer that has not
established a Public Employer Trnst for the
plan, for the Public Employer as beneficial
owner of the plan's assets.
CO) The portion of the corpus and income of the
tirement Trust that equitably belongs to any Pub-
lic Employer Trust may not be used for or di-
verted to any purpose other than for the exclu-
sive benefit of the Employees (or their beneficia-
MPP 03/31/2000
Section 3.3 Nominations:The Trustees who are
full-time employees of Public Employers shall serve
as the Nominating Committee for the Public
Employee Trustees. The Nominating Comrmttee
~hall choose candidates for Public EmployeeTrustee
in accordance with the procedures set forth in the
By-Laws.
Section 3.4 Resignation and Removal:
(a) Any Trustee may resign as Trustee (without need
for prior or subsequent accounting) by an
instrument in writing signed by the Trmtee and
delivered to the other Trustees and such
resignation shall be effective upon such delivery,
or at a later date according to theterrm of the
imtrument. Any of the Trustees may be removed
for cause, by a vote ora majority of the Public
Employers.
Each Public Employee Trustee shah resign his or
her position as Trustee within sixty days of the
date on which he or she ceases to be a full-me
employee ora Public Employer.
Section 3.5 Vacancies:The term of office ofaTrustee
shall terminate and a vacancy shall occur in the event
of his or her death, resignation, removal, adjudicated
incompetence or other incapacity to perform the
duties of the otilce ofaTrustee. In the case of a
vacancy, the remainingTrusrees shaH appoint such
person as they in their discretion shah see fit (subject
to the limitatiom set forth in this Section), to serve
for the unexpired portion of the term of the Trustee
who has resigned or otherwise ceased to be a
Trustee. The appointment shah be made by a written
imtrument signed by a majority of the Trustees. The
person appointed mint be the same type of Trustee
(i.e., Public Employee Trustee, ICMA Trustee or R.C
Trustee) as the person who has ceased to be a
Trustee. An appointment ofaTrustee may be made
in anticipation ora vacancy to occur at a later date
by reason of retirement or resignation, provided that
such appointment shall not become effective prior to
such retirement or resignation. Whenever a vacancy
shall occur, until such ~cancy is fi. lied as provided in
this Section 3.5, the Trustees in o~ice, regardless of
their number, shall have all the powers granted to the
Trustees and shah discharge all the duties imposed
upon the Trustees by this Dedaration. A written
imtrument certifying the existence ora vacancy
signed by a majority oftheTrustees shall be conclu-
sive evidence of the existence of such vacancy.
Section 3.6 Trustees Serve in Representative
Capacity: By executing this Dechration, each
Public Employer ~grees that the' Public Employee
Trustees elected by the Public Employers are
authorized to act as ~gents and representatives of the
Public Employers collectively.
ARTICLE IV. POWERS OF TRUSTEES
Section 4.1 General Powers: TheTrustees ,h,ll have
the power to conduct the bminess of the Trust and
to carry on its operatiom. Such power shall include,
but shzl] not be limited to, the power m:
(a) receive theTrust Property fi'om the Public
Employers, Public Employer Trustees or the
t~'ustee or administator under any Employer
Trust;
enter into a contract with an Investment Adviser
providing, among other things, for the establish-
(0
merit and operation of the Pont'olios, selection
of the Investment Contacts in which theTrust
Property may be invested, selection of the other
investments for the Trust Pmperzy and the
payment of reasonable fees to the Investment
Adviser and to any sub-investment adviser
retained by the Investment Adviser;
review annually the performance of the
Investment Adviser and approve annually the
contract with such Investment Adviser;
invest and reinvest the Trust Property in the
Portfolios, the Investment Contracts and in any
other investment recommended by the Invest-
ment Adviser, but not including securities issued
by Public Employers, provided that ifa Public
Employer has directed that its monies be
invested in one or more specified Portfolios or
in an Investment Contract, the Trustees of the
Retirement Trust shah invest such monies' in
accordance with such directiom;
keep such portion of the Trust Property in cash
or cash balances as the Trustees, fiom time to
time, may deem to be in the best interest of the
R.etirement Trust created hereby without
hability for interest thereon;
accept and retain for such time as they may
deem advisable any securities or other property
received or acquired by them as Trustees
hereunder, whether or not such securities or
other property would normally be purchased as
investment hereunder;
came any securities or other property held as
part of theTrust Property to be registered in
the name of the R. etirement Trust or in the
name ora nominee, and to hold any investments
in beazer form, but the books and records of the
Trustees shall at ail times show that aH such
investments are a part of the Trust Property;
rn~ke, execute, acknowledge, and deliver any and
aH documents of tramfer and conveyance and
any and all other imtruments that may be
necessary or appropriate to carry out the powers
herein gra~ted;
vote upon any stock, bonds, or other securities;
give general or special proxies or powers of
attorney withor without power of substitution;
exercise any conversion privileges, subscription
rights, or other optiom, and make any payments
incidenr, zl thereto; oppose, or consent to, or
otherwise participate in, corporate remganiza-
tiom or to other changes affecting corporate
securities, and delegate discretionary powers and
pay any assessments or chazges in connection
therewith; and generally exet:ise any of the
powers of an owner with respect to stocks,
MPP 04/3o/2000 3
bonds, securities or other property held as part
of the Trmt Property;
0)
enter into contracts or arrangements for goods
or services required in connection with the
operation of the R. etirement Trust, including,
but not limited to, contracts with custodiam and
contracts for the provision of administrasive
borrow er raise money for the purposes of the
Retirement Trust in such amount, and upon
such terms and conditiom, as the Trustees shall
deem advisable, provided that the aggregate
amount of such borrowings shall not exceed
30% of the value of the Trust Property. No
person lending money to the Trustees shall be
bound m see the application of the money lent
or to inquire into its validity, expediency or
propriety or any such borrowing;
incur reasonable expemes as required for the
operation of the R. etirement Trust and deduct
such expemes f~m of the Trust Property;
(m) pay expemes properly allocable m theTrust
Property incurred in connection with the
Deferred Compemation Plans, Qualified Plans,
or the EmployerTrusts and deduct such
expemes from that portion of the Trust Prop-
erty to which such expemes are properly
allocable;
(n)
pay out of theTrust Pmperty all real and
personal property taxes, income taxes and other
taxes of any and all kinds which, in the opinion
of the Trustees, are properly levied, or assessed
under existing or future laws upon, or in respect
of, the Trust Property and allocate any such
taxes m the appropriateaccounts;
adopt, amend and repeal the By-laws, provided
that such By-laws are at all times comistent with
the terms of this Declaration of Trust;
employ persom to make available interests in the
P, etirement Trust m employers eligible to
maintain a Deferred Compensation Plan under
Section 457 or a Qnalified Plan under Section
401 of the Internal R. evenue Code;
issue the Annual Report of the R. etirement
Trust, and the disclosure documents and other
literature used by the l~,etirement Trmt;
in addition to conducting the investment
program authorized in Section 4.1 (d), make
loam, including the purchase of debt obliga-
tiom, provided that all such loam shall bear
interest at the current market rate;
for,
and
delegate any powers granted
hereunder to, such officers, agents, employees,
auditors and attorneys as the Trustees may select,
provided that the Trustees may not delegate the
powers set forth in paragraphs (b), (c) and (o) of
this Section 4.1 and may not delegate
powers if such delegation would violate their
fiduciary duties;
provide for the indemnification of the Officers
and Trustees of the R.etirement Trust and
purchase fiduciary imurance;
(u)
maintain books and records, including separate
accounts for each Public Employer, Public
Employer Trustee or EmployerTrust and such
additional separate accounts as are required
under, and comistent with, the Deferred
Compemation or Qualified Plan of each Public
Employer; and
do all such acts, take all such proceedings, and
exercise all such rights and privileges, although
not specifically mentioned herein, as the
Trustees may deem necessary or appropriate to
administer theTrust Property and to carry out
the purposes of the R. etiremcut Trust.
Sect/on 4.2 Dlatributlon of Trust Property: Distri-
butious of the Trust property shall be made to, or on
behalf of, the Public Employer or Public Employer
Trustee, in accordance with the terms of the
Deferred Compensation PLms, Qualified Plans or
Employer Trusts. The Trustees of the R~etirement
Trust shall be fully protected in making payments in
accordance with the directiom of the Public
Employers, Public Employer Trustees or trustees or
administrators of any ;:mphiyerTrust without
ascertaining whether such payments are in compli-
ance with the provisiom of the applicable Defer~d
Compensation or Q.ali~ed Plan or Employer Trust.
Section 4.3 ~,~cution of laatruroents:The Trustees
may unanimously designate any one or more of the
Trustees to execute any instrument or document on
behalf of all, including but not limited to the signing
or endorsement of any check and the sign~g of any
applicatiom, insurance and other contracts, and the
action of such designatedTrustee orTrustees shall ~
have the same force and effect as if taken by all the
Trustees.
ARTICLE V. DUTY OF CARE AND UABILffY OF
TRUSTEES
~ction 5.1 Duty of C. ar~: In exercising the powers
hereinbefore granted to the Trustees, the Trustees
~ perform all acts within their authority for the
exclusive purpose of providing benefits for the
Public Employen in connection with non-trmted
MPP 03/$1/2000 4
Deferred Compensation Plans and for the Public
Employer Trustees, and shall perform such acts with
the care, skill, prudence and diligence in the circum-
stances then prevailing that a prudent person acting
in a like capacity and familiar with such matters
would use in the conduct of an enterprise ora like
character and with like aims.
Section 5.2 Liability:TheTrustees shall not be liable
for any mistake of.judgment or other action taken in
good faith, and for any action taken or omitted in
reliance in good faith upon the books of account or
other records of'the l'~.etirement Trust, upon the
opinion of counsel, or upon reports made to the
R.etirement Trust by any of its ot~icers, employ-
ets or agents or by the Investment Adviser or
an), sub-investment adviser, accountant, ap-
praher or other expert or comultant selected
with reasonable care by the Trustees, otticers or
employees of the l~etirement Trust. The Trustees
shall also not be liable for any loss sustained by the
Trust Property by reason of any investment made in
good faith and in accordance with the standard of
cate set forth in Section 5.1.
Section 5.3 Bond: No Trustee shall be obligated to give
any bond or other security for the performance of
any of his or her duties hereunder.
ARTICLE VI. ANNUAL REPORT TO
SHAREHOLDERS
The Trustees shall annually submit to the Public Employ-
ers and Public Employer Trustees a written report of the
uamactiom of the ILetirement Trust, including financial
statements which shall be certified by independent public
accountants chosen by the Trustees.
paio out to me ruonc ~:mployers,
Trustees ot the trustees or administrators of the
Employer Trusts, as appropriate.
Section 7.3 Amendment:The ILetircme.t Trust may
be amended by the vote ora maj.rity "fthe Public
Employers, each casting one vute.
Section 7.4 Procedure: A resolutiun tn tt.~ minase or
amend the R.etirement Trust ur ~ rem,we a Trustee
shall be submitted to a vote of thc J'ubht £mp]oyers
if:.' (i) a majority of the Trustee~ ~, dirett, or. (/i) a
petition requesting a vote signed Iq fu~ ~ess'than 25
percent of the Public Employer~, i~ sul.oitted to the
Trustees.
ARTICLE VIII. MISCELLANEOUs
Section 8.1 Governing Law Except as 'al,erwzse
required by state or local law, this I)eclat~tion of
Trust and the R-etirementTrust hcrelr/'.~ated shall
be comtrued and regulated by thc laws ~8'the
District of Cniumbia.
Section 8.2 Counterparts:This l)edarati,m may be
executed by the Public Employers a.d'ltmtees in
two or more counterparts, each "f whkh shall be
deemed an original but all of which u~/:ther shall
comtitute one and the same instrument,
ARTICLE VIII. DURATION OR AMENDMENT OF
RETIREMENT TRUST
Section 7.1 Withdrawal:A Public Employer or Public
Employer Trustee may, at any time, withdraw fzom
this R. etirement Trust by delivering to the Board of
Trustees a written statement of withdrawal. In such
statement, the Public Employer or Public Employer
Trustee shall acknowledge that the Trust Property
allocable to the Public Employer is derived from
compensation defer~d by employees of such Public
l:mployer pursuant to its Deferred Compensation
Plan or from contributiom to the accounts of
t:mployees pursuant to a Qualified Plan, and shall
designate the financial institution to which such
property shall be transferred by the Trmtees of the
R.etirement Trust or by the trustee or administrator
qnder an Employer Trust.
Section 7.2 Duration:The R.etirement Trust shall
continue until terminated by the vote ora majority
of the Public Employers, each casting one vote.
MPP 0413012000
CITY OF DE[RAY BEACH
CiTY ATTORNEY'S OFFICE
DELRA¥ BEACH
~lI.Amedca Ci~
DATE:
1993
TO:
200 NW 1st AVENUE - DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
July 18, 2000
City Commission
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
SUBJECT: Lease to the Solid Waste Authority of Palm Beach County (SWA) for the
Miller Park Transfer Station
The City entered into a Lease and Contract with the Solid Waste Authority. The Lease
was modified in July of 1985 and the contract was amended and restated in 1984 and
amended in 1986.
The previous Lease was for a term of 20 years or until 2003, with an additional 20 year
renewal period. The previous Lease provided for a payment per ton to the City, adjusted
annually for the disposed garbage and trash belonging to the City. Joe Safford in the
attached letter asked for reconsideration of the payment amount because 75% of the
tonnage delivered to the site is from non-City users. Mr. Safford felt that the City should
receive some compensation for the use by others (See Attachment A).
The new Lease Agreement supersedes all previous Leases and Contracts. The new Lease
is for a term of 20 years from the date of the Lease Agreement with a 20 year renewal
period. Under the new Lease, the City is to receive $99,000 per year, adjusted annually by
the CPI (See Attachment B).
Our office requests that this Lease be placed on the July 25, 2000 City Commission
agenda.
P~ou~have any questions.
SAR:ci
CCi
Alison Harty, City Clerk
Joe Safford, Finance Director
Milena Walinski, Assistant Finance Director
rlT¥ DF DEU:II:I¥ BEI:i£H
Attac~~
DELRAY BEACH
~ 100 N.W. 1st AVENUE
I g® Mr. Charles E. Maccarrone, Director
· Financial Management Scrvices
993 Solid Waste Authority
7501 North Jog Road
West Palm Beach, Fl. 33412
DELRAY BEACH, FLORIDA 33444
· (561) 243-7000
Subject:
Delray Beach Transfer Station Contract Revision
Dear Charlie:
As we have previously discussed, the City of Delray Beach is dissatisfied with the lease rate
terms contained in the "Amended and Restated Contract" dated January 1, 1984. This was
originally conveyed to your attention in correspondence as early as 1994 and, per our recent
discussions, we are pleased that the Solid Waste Authority is currently willing to discuss
reaegofiated terms of this agreement.
The City of Delmy Beach owns the Delray Beach Transfer Station mad has leased these facilities
to the Solid Waste Authority since 1983. The present lease expires in the year 2003. The
monthly lease rate in this agreement used a specified rate per ton for Delra¥ Beach waste only.
Where this may have been fair and equitable at the inception of the lease back in 1983 (when
almost the entire waste stream consisted of' Delray Beach waste), the present waste stream
presented to the site for the City of Delray Beach only represents 25% or so of the total waste
stream being delivered to this site. Therefore, using a rate per ton for Delray Beach waste only is
an inherently unfair method of calculating a lease rate considering current flow characteristics.
Our position, as previously stated, would be that we should be receiving a fair and equitable
monthly lease rate for all to~n~ge taken to the Delmy Beach Transfer Station.
We would appreciate your attention to this matter in that our budgets arc being prepared at this
time and we would like to incorporate any adjustments in our planning process. Please contact
this office at (561) 243-7116 if your office has any questions on this issue.
(,~ineeffely,.~ t~
la'lance Director
Cc:
David T. Harden, City Manager
Susan 1L Ruby, City Attorney
Joe Weldon, Parks and Recreation Director
.APR Z 6 1999
THE EFFORT ALWAYS MATTERS
ATTACHMENT B
LEASE AGREEMENT
between
THE CITY OF DELRAY BEACH, FLORIDA
(Lessor)
and
SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
(Lessee)
ARTICLE I
Section 1.01
Section 1.02
Section 1.03
ARTICLE II
Section 2.01
Section 2.02
Section 2.03
ARTICLE III
Section 3.01
Section 3.02
ARTICLE IV
Section 4.01
Section 4.02
Section 4.03
Section 4.04
Section 4.05
Section 4.06
ARTICLE V
Section 5.01
Section 5.02
Section 5.03
Section 5.04
Section 5.05
ARTICLE VI
Section 6.01
Section 6.02
TABLE OF CONTENTS
PAGE
BASIC LEASE PROVISIONS
Incorporation ......................................................................... I
Premises .................................................................................. 1
Length of Term and Commencement Date ............................. 2
RENT
Annual Rent ............................................................................ 2
Assessments; Fees ................................................................... 2
Taxes ....................................................................................... 2
CONSTRUCTION OF LEASES PREMISES
Acceptance of Premises by Lessee ......................................... 3
(a) Lessee's Work ................................................................... 3
(b) Alterations .......................................................................... 3
CONDUCT OF BUSINESS AND USE OF PREMISES
BY LESSEE
Use of Premises ....................................................................... 3
Waste or Nuisance .................................................................. 4
Governmental Regulations ..................................................... 5
Non-Discrimination ................................................................ 5
Surrender of Premises ............................................................. 5
Right to Terminate .................................................................. 5
REPAIRS AND MAINTENANCE OF PREMISES
AND CLOSURE OF THE TRANSFER STATION
Responsibility of Lessor and Lessee ....................................... 5
Responsibility of Lessee Regarding Alterations
and Personal Property ............................................................. 5
Closure of Transfer Station ..................................................... 6
Maintenance of Pump Station.....~ ........................................... 6
Landscaping ............................................................................ 6
INSURANCE AND INDEMNITY
Liability Insurance .................................................................. 6
Indemnification ............................................................... : ....... 6
ARTICLE VII DESTRUCTION OF LESSEE'S ALTERATIONS
Section 7.01 Damage or Destruction by Fire, War or Act of God .............. 7
ARTICLE VIII
ARTICLE IX
Section 9.01
ARTICLE X
Section 10.01
Section 10.02
ARTICLE XI
Section 11.01
ARTICLE XII
Section 12.01
Section 12.02
Section 12.03
Section 12.04
Section 12.05
Section 12.06
Section 12.07
Section 12.08
Section 12.09
Section 12.10
Section 12.11
Section 12.12
UTILITIES .......................................................................... 7
ASSIGNMENT AND SUBLETTING
No Assignment ....................................................................... 7
DEFAULT OF LESSEE
Events of Default ................................................................... 8
Waiver, Accord and Satisfaction ........................................... 8
QUIET ENJOYMENT
Lessor's Covenant ................................................................. 8
MISCELLANEOUS
Entire Agreement .................................................................. 9
Notices .................................................................................. 9
Brokers Commission ........................................................... 10
Severability ......................................................................... 10
Captions .............................................................................. 10
Recording ............................................................................ 10
Books and Records; Inspections ......................................... 10
Waiver of Jury Trial ............................................................ 10
Governing Law ................................................................... 10
Time of Essence .................................................................. 10
Benefit and Binding Effect ................................................. I 1
Access by Lessor ................................................................. 11
Exhibits
Exhibit "A" Legal Description of Lessor's Property .............................. 12
AGREEMENT
THIS AGREEMENT entered into this first day of October, 2000, between the CITY OF
DELRAY BEACH, a Florida municipal corporation (Lessor or City), and the SOLID WASTE
AUTHORITY OF PALM BEACH COUNTY, a dependent special district created by Chapter
75-473, Laws of Florida, as amended, (Lessee).
WITNESSETH:
WHEREAS, Lessor and Lessee entered into a lease and contract dated January 25, 1983,
and entered into a new lease dated July 12, 1985, which superceded the January 25, 1983 lease;
and
WHEREAS, the contract was amended and restated in 1984, and an amendment thereto
was entered into in 1986; and
WHEREAS, Lessor and Lessee desire to enter into a new lease agreement (Lease); and
WHEREAS, the parties intend for this Lease to contain all agreements between the
parties relating to the lease of and operation of the property referred to below; and
WHEREAS, the parties desire to cancel all leases and contracts as amended and restated
previously.
NOW, THEREFORE, Lessor and Lessee hereby enter into this Lease agreement that, as
of the date hereof, supercedes all previous lease agreements and contracts between the parties
upon the terms, covenants and conditions hereinafter set forth.
ARTICLE I
BASIC LEASE PROVISIONS
Section 1.01 Incorporation.
The recitals set forth above are hereby incorporated as if fully set forth herein.
Section 1.02 Premises.
In consideration of the rents, covenants and agreements herein contained, Lessor leases
to Lessee and Lessee rents from Lessor the real property generally located between Southwest
Fourth Avenue and the Florida East Coast Railroad, approximately 600 feet south of Linton
Boulevard in the City of Delray Beach, Florida, and as legally described in Exhibit A attached
hereto for the purposes set forth in Paragraph 4.01.
Section 1.03 Length of Time; Commencement Date.
The term of the Lease is for a twenty (20) year period commencing on the date of this
lease (the Commencement Date), which term shall automatically be renewed for an additional
twenty (20) year period unless Lessee gives written notice to Lessor at least nine (9) months
prior to the termination date that it does not intend to renew.
ARTICLE II
RENT
Section 2.01 Annual Rent.
Lessee shall pay Lessor for the use and occupancy of the Premises an Initial Rent
Payment of ninety-nine thousand dollars ($99,000) payable on the Commencement Date. Rent
· payments for subsequent annual periods, which shall be due and payable on every anniversary of
the Commencement Date, shall be adjusted for inflation using the following formula:
Initial Rent Payment times CPIa/CPIb where CPIa equals the CPI index factor for the
month preceding the payment date and CPIb equals the CPI index factor for the month
preceding the Commencement Date.
If calculating any rent payment will cause a delay in its payment, Lessee shall make payment in
an amount equal to the prior year's rent on the due date and as soon thereafter as the calculation
is completed make any adjusting payment or request a refund of overpayment. The final rent
payment resulting from termination of this agreement for any reason shall be prorated if that
payment covers a period of less than one year.
CPI is defined as the Consumer Price Index, All Urban Consumers, South Group, All Items
(1982-84=100) as reported by the U. S. Department of Labor, Bureau of Labor Statistics. In the
event that the CPI as defined herein is no longer available, both parties will select a suitable
replacement index.
Rent shall be made payable to the City of Delray Beach, Florida, at 100 NW 1st Avenue, Delray
Beach, Florida 33444, Attention: Finance Director.
Section 2.02 Assessments; Fees.
During the Term of this Lease, Lessee shall pay before delinquency all assessments
and/or fees, which may be levied by any governmental authority against the Premises or
Lessee's Alterations constructed on the Premises.
Section 2.03 Taxes.
Lessee shall pay all taxes of whatsoever kind levied as a result of Lessee's use of the
Premises, including but not limited to use, sales, or advalorem taxes.
ARTICLE III
CONSTRUCTION OF LEASED PREMISES
Section 3.01 Acceptance of Premises by Lessee.
Lessee certifies that Lessee has been in possession of the Premises since 1983 and
accepts same "As Is", in its existing condition as of the Commencement Date of this Lease. No
repair work, alterations, or remodeling of the Premises is required to be done by Lessor as a
condition of this Lease.
Section 3.02 (a) Lessee's Work.
Lessee agrees to perform at its own cost and expense all work which is necessary to fully
equip and maintain the Premises for the lawful use of the Premises as specified in Section 4.01 of
this Lease.
(b) Alterations. Lessee may make alterations, improvements, additions or
modifications (hereinafter referred to as "Alterations"), provided such Alterations are performed
in a good and workmanlike manner and are diligently prosecuted to completion strictly in
accordance with the plans and specifications therefor. Lessee shall procure all necessary permits
or licenses to construct alterations or to operate the facility and shall make all necessary repairs
or alterations in accordance with permitting authorities approvals.
ARTICLE IV
CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE
Section 4.01 Use of Premises.
Lessee shall use the Premises solely and exclusively as a solid waste transfer station.
Notwithstanding any other provisions of this Lease, Lessee shall receive at the Transfer Station
the garbage, trash, and recyclables collected by Lessor, individuals, lawn and trash haulers,
commercial haulers (including but not limited to any commercial garbage and trash haulers
which may be under a contract or franchise with the City to provide such services for the City),
and other governmental units and delivered to the Transfer Station, and Lessee shall dispose of
all solid waste thus received at the transfer station outside of the City limits. Lessee shall
furnish, or cause to be furnished, all manpower, equipment and supplies, and perform, or cause
to be performed, all necessary labor, services, equipment maintenance and functions to operate a
solid waste Transfer Station at the aforesaid location for the receipt of such garbage and trash. If
required by operational conditions, Lessee shall have the right to designate other facilities to
receive recyclable materials including yard waste.
The Transfer Station shall be manned and operated by Lessee or its agent to receive
garbage and trash from Lessor (or by any private persons or firms under contract with Lessor or
operating under a franchise agreement granted by Lessor to provide such garbage and trash
collection services) at least during the hours of 6:00 a.m. to 5:00 p.m. weekdays and 6:00 a.m. to
12:00 noon Saturdays, excluding Thanksgiving Day, Christmas Day and Sundays.
Lessee shall make facilities available to Lessor at hours other than above as requested
and mutually agreed upon.
Lessor agrees to deliver to and require delivery to the Transfer Station, or other
designated facility as provided herein, all garbage, trash, and recyclables collected by Lessor (or
by any private persons or firms under contract with Lessor or operating under a franchise
agreement granted or permitted by Lessor to provide such garbage and trash collection services)
(and excepting "roll off" containers) during the life of this Agreement. Lessee agrees to accept
all such garbage and trash from Lessor (or by any private persons or firms under contract with
Lessor or operating under a franchise agreement granted by Lessor to provide such garbage and
trash collection services) in a reasonable manner by procedures to be designated by Lessee.
However, Lessee is not obligated to accept at said facility construction debris, hazardous or toxic
materials, automobiles, land-clearing debris, fill, tires, animals, trailers, sludge or liquids. For
the purpose of this paragraph, "construction debris" means sand and noncompressible materials
likely to cause damage to the equipment, such as but not limited to stone, brick, plaster, concrete
or plastic block, concrete, metal, paving, roofing, pipe, shingles, and similar materials, but shall
not mean wood, particle board, wall board, tar paper, sod, tree stumps, furniture or household
appliances provided no such item is more than six feet in length and fifty pounds in weight.
"Hazardous materials" means materials or combinations of materials which require special
management techniques because of their acute and/or chronic effects on air and water quality; on
fish, wildlife, or other biota; and on the health and welfare of the public. These "hazardous
materials" include, but are not limited to, volatile, chemical, biological, explosive, flammable,
radioactive and toxic materials. Notwithstanding the foregoing the facility operator may reject
any material, which he/she deems to pose a threat to personnel or equipment.
In the event Lessor, during the life of this Lease, provides garbage, trash, and recyclable
collection services through private contract or franchise agreement(s) or by some other
arrangement, Lessor agrees to require those persons, firms, and/or corporations with which
Lessor has contracted or granted any franchise agreement for the collection of garbage, trash,
and recyclables within the City to dispose of such garbage, trash, and recyclables collected from
the Lessor at said Transfer Station or other designated facility as provided herein.
Section 4.02 Waste or Nuisance.
Lessee shall not commit or suffer to be committed any waste upon the Premises or any
nuisance or other act or thing which may result in damage or depreciation of value of the
Premises or which may affect Lessor's fee interest in the Premises. Lessee shall not use,
maintain, store or dispose of any contaminants including, but not limited to, hazardous or toxic
substances, chemicals or other agents used or produced in Lessee's operations on the Premises in
any manner not permitted by law. All refuse is to be removed from the Premises at Lessee's sole
cost and expense and Lessee will keep such refuse in proper fireproof containers on the interior
of the Premises until removed. Lessee will keep the access to the Premises, the parking areas
and other contiguous areas to the Premises free and clear of obstruction. Lessee, at its sole cost
and expense, will keep the Premises free of rodents, vermin and other pests. Lessee shall keep
the Premises clean and free of blowing paper and rubbish at all times.
Section 4.03 Governmental Regulations.
Lessee shall, at Lessee's sole cost and expense, comply with all ordinance, laws, statutes
and regulations promulgated thereunder of all county, municipal, state, federal and other
applicable governmental authorities, now in force, or which may hereafter be in force, pertaining
to Lessee, its use of the Premises, or the Premises generally.
Section 4.04 Non-Discrimination.
Lessee shall assure and certify that it will comply with Title IV of the Civil Rights Act of
1964 (PL 88-352) and, in accordance with that Act, shall not discriminate against any
individual's race, color, creed, sex, national origin, age, handicap, or martial status with respect
to any activity occurring on the Premises.
Section 4.05 Surrender of Premises.
Upon termination or expiration of this Lease, Lessee shall remove Lessee's facilities and
equipment from the Premises, subject to removal provisions provided for herein.
Section 4.06 Right to Terminate.
Lessee reserves the right to terminate this Lease upon six (6) months written notice to
Lessor or as otherwise provided in Section 7.01. Upon termination of the Lease, Lessee will
remove all facilities and equipment from the leasehold property within two (2) years at its own
expense. During the two (2) year period, it is understood that all provisions regarding the
operation of the transfer station shall be suspended, that all other provisions of this Lease shall
continue in full force and effect until the complete removal of the facilities and equipment from
the leasehold property and the rental payments required by this Lease shall be paid on a pro rata
basis until all facilities and equipment arc removed.
ARTICLE V
REPAIRS AND MAINTENANCE OF PREMISES
AND CLOSURE OF THE TRANSFER STATION
Section 5.01 Responsibility of Lessor and Lessee.
Lessor shall not be obligated or required to make or conduct any maintenance or repairs
whatsoever to the Premises. All portions of the Premises, and all Alterations constructed on the
Premises, shall be maintained and kept in good repair and condition by Lessee at Lessee's sole
cost and expense. Lessee shall procure all necessary permits or licenses to operate said facilities.
Section 5.02 Responsibility of Lessee Regarding Alterations and Personal Property.
All Alterations and personal property of Lessee shall remain the property of the Lessee at
Lessee's sole risk for the Term of this Lease.
Section 5.03 Closure of Transfer Station.
In order to be able to properly maintain and/or rehabilitate the Transfer Station, it is
necessary to partially close the Station for periods of time. Lessee reserves the right upon ninety
(90) days' advance written notice to close the Station for repairs and to divert the acceptance of
solid waste to other existing transfer facilities for a period of time not more than one hundred and
twenty (120) days. Lessor agrees to grant Lessee a one-time closure of the facility for up to one
(1) year for planned rehabilitation or other constructior~
Section 5.04 Maintenance of Pump Station.
Lessor will assume the operation and maintenance of the submersible pump station
(sewer lift station) located at the Transfer Station, and shall pay all expenses related thereto.
Lessee shall operate the facility in such a manner so as to maintain compliance with the City's
Industrial Pretreatment ordinances. Lessee shall at all times permit Lessor access to the pump
station.
Section 5.05 Landscaping.
Lessee shall properly maintain the landscaping.
ARTICLE VI
INSURANCE AND INDEMNITY
Section 6.01 Liability Insurance.
Lessee shall, during the entire Term hereof, provide Lessor with a certificate evidencing
the following insurance:
Public Liability
and
Property Damage
Auto Liability
$1,000,000 aggregate; claims made
$1,000,000
Policy or policies shall name the City as an additional insured and shall contain a clause
that insurer will not cancel or decrease coverage without first giving the City 30 days' written
notice.
Section 6.02 Indemnification.
Lessee shall to the extent permitted by law and without altering the extent of Lessee's
immunity under Section 768.28, Florida Statutes, indemnify, defend and hold harmless Lessor,
its officers, agents and employees from and against any and all claims, suits, actions, damages
and/or causes of action arising during the Term of this Lease for any acts or omissions of Lessee,
its agents, employees, licensees and invitees for any personal injury, loss of life and/or damage to
property, including but not limited to any damage resulting from pollution sustained in or about
the Premises by reason or as a result of the use and occupancy of the Premises or in the
performance of its duties hereunder by the Lessee, its agents, employees, licensees and invitees,
and from and against any orders, judgments, and/or decrees which may be entered thereon, and
6
from and against all costs, attorney fees, expenses and liabilities incurred in and about the
defense of any such claim.
Notwithstanding anything in this Section 6.02 to the contrary, the obligations of Lessee to
Lessor under this Indemnification shall not be or constitute general obligations of Lessee or
Palm Beach County, Florida, within the meaning of the Constitution of the State of Florida but
shall be payable solely from revenues of Lessee's solid waste disposal system, subject to the lien
on such revenues granted to the holders of Lessee's revenue bonds. Lessor shall not have the
right to compel the exercise of the ad valorem taxing power of Lessee or Palm Beach County,
Florida, or taxation in any form on any real or personal property to pay such obligations.
ARTICLE VII
DESTRUCTION OF LESSEE'S ALTERATIONS
Section 7.01 Damage or Destruction by Fire, War or Act of God.
In the event forty (40) % or less of Lessee's facilities is destroyed or damaged by fire or
other casualty during thc Term of this Lease, Lessee shall commence rcsturation thereof within
one hundred eighty (180) days and thereafter diligently pursue the restoration to completion. If
such destruction or damage is in excess of forty (40) % of the facilities, Lessee shall have the
option to rebuild or to terminate this lease in accordance with Section 4.06. Lessee shall so notify
Lessor in writing within one hundred and eighty (180) days of such event.
ARTICLE VIII
UTILITIES
Section 8.01
Lessee shall be solely responsible for and shall promptly pay directly to the utility
company or other provider of such service all charges and assessments for water, sewer, gas,
electricity, or any other utility used or consumed on the Premises. In no event shall Lessor be
liable for an interruption or failure in the supply of any such utilities to the Premises unless
supply of such utility is within the control of Lessor.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
Section 9.01 No Assignment.
Lessee shall not assign this Lease in whole or in part, nor sublet all or any portion of the
Premises.
7
ARTICLE X
DEFAULT OF LESSEE
Section 10.01 Events of Default.
The occurrence of any one or more of the following shall constitute an Event of Default
by Lessee under this Lease: (i) Lessee shall fail to perform or observe any of the agreements,
covenants or conditions contained in this Lease on Lessee's part to be performed or observed and
such failure shall continue for more than thirty (30) days after written notice from Lessor
specifying such failures; provided, however, if such failure stated in the notice cannot be
corrected within the applicable period, Lessor shall be deemed to consent to an extension of such
time if corrective action is instituted by ~Lessee within the applicable period and diligently
pursued until the default or failure is corrected; (ii) Lessee shall vacate or abandon the Premises
in violation of the Lease terms; or (iii) Lessee's leasehold estate shall be taken by execution,
attachment or process of law. If any Event of Default occurs, then, at any time thereafter while
the Event of Default continues, Lessor shall have the right to give Lessee notice that Lessor
intends to terminate this Lease upon a specified date not less than fifteen (15) days after the date
notice is received by Lessee, and this Lease shall then expire on the date specified as if that date
had been originally fixed as the expiration date of the Term of this Lease. If, however, the
default is cured within the fifteen (15) day period and the Lessor is so notified, this Lease will
continue.
Section 10.02 Waiver, Accord and Satisfaction.
The waiver by Lessor or Lessee of any default of any term, condition or covenant herein
contained shall not be a waiver of such term, condition or covenant, or any subsequent default of
the same or any other term, condition or covenant herein contained.
ARTICLE XI
QUIET ENJOYMENT
Section 11.01 Lessor's Covenant.
Upon payment by the Lessee of the Rent and other charges herein provided, and upon the
observance and performance of all the covenants, terms and conditions on Lessee's part to be
observed and performed, Lessee shall peaceably and quietly hold and enjoy the Premises for the
Term hereby demised without hindrance or interruption by Lessor or any other person or persons
lawfully or equitably claiming by, through or under the Lessor, subject, nevertheless, to the
terms and conditions of this Lease.
ARTICLE XII
MISCELLANEOUS
Section 12.01 Entire Agreement.
This Lease and any Exhibits attached hereto, constitute all agreements, conditions and
understanding between Lessor and Lessee concerning the Premises. All representations, either
oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise
provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding
upon Lessor or Lessee unless reduced to writing and signed by them.
Section 12.02 Notices.
Any consents, approvals and permissions by Lessor shall be effective and valid only if in
writing and any notice by either party to the other shall be in writing and mailed prepaid by
certified mail return receipt requested, addressed:
(a) If to the Lessee at:
Solid Waste Authority
Attn: Executive Director
7501 North Jog Road
West Palm Beach, Florida 33412
with a copy to:
General Counsel
Solid Waste Authority
7501 North Jog Road
West Palm Beach, Florida 33412
(b) If to the Lessor at:
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
with a copy to:
City Attorney
200 N.W. 1st Avenue
Delray Beach, FL 33444
Or at such address as the Lessor or the Lessee, respectively, may designate in
writing. All notices given hereunder shall be effective and deemed to have been duly given only
upon receipt by the party to which notice is being given, said receipt being deemed to have
occurred upon such date as the postal authorities shall show the notice to have been delivered,
refused, or undeliverable, as evidenced by the return receipt.
Section 12.03 Brokers Commission.
The parties hereto represent and warrant to the other that there are no claims for
brokerage commissions or finders fees in connection with the execution of this Lease.
Section 12.04 Severability.
If any term of this Lease, or the application thereof to any person or circumstances, shall
to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such
term to persons or circumstances other than those as to which it is invalid or unenforceable shall
not be affected thereby, and each term of this Lease, shall be valid and enforceable to the fullest
extent permitted by law.
Section 12.05 Captions.
The captions in this Lease are included for convenience only and shall not be taken into
consideration in any construction or interpretations of this Lease or any of its provisions.
Section 12.06 Recording.
Lessee shall not record this Lease, or any memorandum or short form thereof, without the
written consent and joinder of Lessor.
Section 12.07 Books and Records; Inspection.
All of the books and records of Lessee with regard to the Premises shall be open and
available for inspection by Lessor at the place of business of Lessee during normal business
hours. Lessor has the right to enter upon and inspect the Premises and the Transfer Station
during normal business hours.
Section 12.08 Waiver of Jury Trial.
The parties hereto waive trial by jury in connection with proceedings or counterclaims
brought by either of the parties hereto against the other, in connection with this Lease.
Section 12.09 Governing Law.
This Lease shall be governed by and interpreted according to the laws of the State of
Florida and venue shall be in Palm Beach County.
Section 12.10 Time of Essence.
Time is of the essence with respect to the performance of every provision of this Lease in
which time of performance is a factor.
10
Section 12.11 Benefit and Binding Effect.
This Lease shall be binding upon and inure to the benefit of the legal representatives,
successors and permitted assigns of the parties hereto.
Section 12.12 Access by Lessor.
Lessor reserves the right of access through the leased property in order to access the
Lessor's property which sm'rounds the leased property.
IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the day and
year first above written.
LESSEE:
SOLID WASTE AUTHORITY OF PALM BEACH
COLrNTY, a Dependent Special District created by
Chapter 75-473, Laws of Florida
Approved as to Form and
and Legal Sufficiency:
By:
Print Name:
Title:
Solid Waste Authority Attorney
ATTEST:
By:.
City Clerk
Approved as to Form and
Legal Sufficiency:
LESSOR:
CITY OF DELRAY BEACH, FLORIDA
By:_
David Schmidt, Mayor
City Attorney
11
EXHIBIT "A"
Legal Description
LEGAL DESCRIFrlO1V;
PARCEL I:
A PORTION OF "TRANSFER STATION PLAT', ACCORDIIVO TO THE PLAT THEREOF AS RECORDED 114 PLAT BOOK 51
AT PAGE 113 OF THE. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT TH~ NORTIBV~ST COR~/ER OF *'~SFER STATION PLAT", ACCORDING TO TIlE PLAT THEREOF AS
RECORDED IN PLAT BOOK $1 AT PAGE I 13 OF THE PUBLIC RECORDS OF P~LM BEACH COUNTY, FLORIDA, TI-~NCE
ALONG THE NORTI~RLy BOUNDARY OF SAID "TRANSFER STATION PLAT" ON AN ASSU1V~D BEARING OF N89°
$6'12"E FOR A DISTANCE OF 74L82 FEET; THENCE N08~01,44-E FOR 0.73 FEET; TI-fiaNCE NgO-00'00'~ ALONG THE
PARCEL il
COMIvlENCE AT THE ~ORTHWEST CORNER OF "TR. ANSFF.~ STATION pLAT', ACCORDIIqG TO THE PI~T THEREOF AS
RECORDED n~ PLAT. BOOK 51 AT PAGE 113 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THENCE
RUN ON AN ASSUlV[~D BEARING OF S02°50'44"E ALONG ~ WEST LINE OF SAID "TRAIqSFER STATION PLAT" SAID
lINE BEING COINCIDENT WITH THE EAST RIGHT OF WAY LINE OF SOUTHWEST 4TH AxrENIJE AS SHOWN ON SAID
"TKA/qSFER STATION PLAT" FOR A DISTANCE OF 54.19 FI~T TO TI4E. FOIIqT OF BEGINNING; THENCE N76"25'46'~ FOR
68.04 PEET TO A POINT OF CURVATURE, OF A TANGENT CURVE; THENCE RUN ']~%STERLY AND SOUTHEASTERLY
ALONG A CIRCULAI( CURVE TO THE RIGHT AND CONCAVE TO THE SOUTH. I~VlHG A RADIUS OF 359.00 FI~T AND
THENCE N~9°0$'3g"W FOR [02.17 PEET; THENCE $S3°3S'24-W FOR 8 41 FEET TO A POINT ON A N
SAID IANDS SUI'UATE W1T'HIN DE~RAy BEACI~ PALM BEACH COUNTY, FLORIDA
1.) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEy ("THIS IS NOT ~
SURVEy-).
2.) BE,M~,nvos SHO~FN HEP. EON REFER TO THE WEST LII',FE. OF OF SOLrTHWEST 4TH AVE, NUE ACCORDINO TO
TR-~xISFER STATION PLAT HA'FING AN ASSUI~ED BEARING OF S02'50'44"E.
SHEET I OF 2 SHEETS
FILE NO. 00-15O38,001-SS !
Heller-Weaver and Sheremeta, Inc.
Engineers ... Surveyors ... Planners
P.'dm B~B County
07/13/00 TIIU ll:00 [TX/RI NO 70921
.~7'c~f TO ACCO~IpANy LLr~X~L
PORTION OF TR4N.S,e'~R STATION PLAT
(PLAT BOOK 51, PAGE ~13)
[ LEGEND:
P. 8. ' PLAT BOOK
PG. PAG£
R RADIUS
A ARC DISTANCE
A CENTRAL ANGL~
PARCEL !
(7.~a+/- ACRES)
NOT ~NG(.UD~D
S02'50'44~
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ~./5/. - REGUI.AR. Mlq. I~.TING OF JULY 25, 2000
RESOLUTION NO. 56-00
DATE: JULY 19, 2000
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from four (4) properties within the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 56-00.
RefiAgmemol 5.Res56-00.Abandoned Vehicles
RESOLUTION NO. 56-00
A RESOLUTION OF THE CITY CO~9~ISSION OF TH~ CITY OF DELRAY BEACH,
FLORIDA, PURSUANT TO CT~APTER 90 OF TH~ CODE OF ORDINANCES OF TH~
CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
I~EMOVING JUNKED AND/OR A~ANDONED VEHICLES WITHIN THE CITY OF DELRAY
BEACH; SETTING OUT ACTUAL COSTS INCI/RRED BY THE CITY TO ACCOMPLISH
SUCH A~ATEM~A~f AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE
DATE AND FOR A DUE DATE ARD INTEREST ON 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 OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant
to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles
owned by persons described in the list attached hereto and made a part hereof, for
violation of the provisions of Chapter 90 of the Code of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of
Delray Beach, the City Manager or his designated representative has determined that
~ nuisance existed in accordance with the standards set forth in Chapter 90 of the
Code of Ordinances, and did furnish the respective owner(s) of the land(s) described
in the attached list with written notice of public nuisance pursuant to Sections
90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made
a part hereof did fail and neglect to remove said junked and/or abandoned vehicles,
and thus failed to abate the nuisance(s) or to properly request a hearing pursuant
to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of
Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as required by
Ch=ptsr 90 of the Code of Ordinances; and,
WHEREAS, the City of Delray Beach, through the City Administration or such
agents Or contractors hired by the City 9~lministration was therefore required to and
did remove said junked and/or abandoned vehicles owned by persons described in the
list attached and made a part hereof and incurred costs in abating the subject
nuisance(s); and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to
Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the
City Commission a report of the costs /ncurred /n abating said nuisance(s} as
aforesaid; and,
~HEREAS, the City Commission of the City of Delray Beach, pursuant to
Chapter 90 of the Code of Ordi~-nces desires to assess the cost of said nuisance(s)
against said property owner(s),
NOW, ~IEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAy BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the
report of the City Manager of the City of Delray Beach, involving the City's cost of
abating the aforesaid nuisances a copy of which is attached hereto and made a part
hereof, are hereby levied against the parcel(s) of land described in said report and
in the amount(s) indicated thereon. Said assessments so levied shall, if not paid
within thirty (30) days after mailing of the notice described in Section 3, become a
lien upon the respective lots and parcel(s) of land described in said report, of the
same nature and to the same extent as the lien for general city taxes and shall be
collectible in the same manner and with the same penalties and under the same
provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and binding
obligations upon the property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby
directed to immediately mail by first class mail to the owner(s) of the property, as
such ownership appears upon the records of the County Tax Assessor, notice(s) that
the City Commission of the City of Delray Beach on the
has levied an assessment against said property for
the cost of abatement of said nuisance by the City, and that said assessment is due
and payable within thirty (30) days after the mailing date of said notice of
assessment, after which a lien shall be placed on said property, and interest will
accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs
of collecting said sums.
Section 4. That this resolution shall become effective thirty (30) days
from the date of adoption and the assessment(s) contained herein and shall become
due and payable thirty (30) days after the mailing date of the notice of said
assessment(s), after which a lien shall be placed on said property(s), and interest
shall accrue at the rate of eight (8) percent per annum plus, if collection
proceedings are necessary, the costs of such proceedings including a reasonable
attorney,s fee.
Section 5. That in the event that payment has not been received by the
City Clerk within thirty (30) days after the mailing date of the notice of
assessment, the City Clerk is hereby directed to record a certified copy of this
resolution in the public records of Palm Beach County, Florida, and upon the date
and time of recording of the certified copy of this resolution a lien shall become
effective on the subject property which shall secure the cost of abatement, interest
at the rate of 8%, and collection costs including a reasonable attorney's fee.
Res .N0.56- 00
Sectioh 6. That at the time the City Clerk sends the certified copy of
this resolution for recording, a notice of lien, in the form' of prescribed in
Section 90.06 of the Code of Ordinances, shall be mailed to the property owner.
PASSED AND ADOPTED in regular session on this the .day of
, 2000.
ATTEST:
MAYOR
City Clerk
Res.N~56-00
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION
TOWN OF DELRAY, E 131.47 FT OF W 156.47 FT OF
S 50 FTOF N 250 FT OF N 1/2 OF BLK 16, PB 1, P 3,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
VAC LOT SO OF 315 SW 7TH AVE)
DDMANNS SUB., LOTS 27 & 28, BLOCK 1, PB 4, P 53,
PUBLIC RECORDS OF PALM BEACH COUNTY, FL
(45 NW 14TH AVENUE)
TOWN OF DELRAY, W 135 FT OF N 50 FT OF
S 290 FT OF BLOCK 21, PB 1, P 3, PUBLIC RECORD~,
OF PALM BEACH COUNTY, FL
25 SW 6TH AVENUE)
IODEL LAND CO SUB OF W 1/2 LOT 1 LYG WOF RY
& E OF ST (LESS N 25 FOR ST R/W & LESS
W 185 FT OF E 205 FT OF S 140 FT OF N 165 FT)
BLOCK 1, PB 26, P 113, PUBLIC RECORDS
OF PALM BEACH COUNTY, FL
415 - 474 SE 1ST AVENUE)
OWNER
ALFRED & LOIS STRAGHN
26 SW5TH AVENUE
DELRAY BEACH, FL 33444
ASSESSMENT
300.50
15~00 ?,DM F~E
ALMA BROWN
45 NW 14TH AVENUE
DELRAY BECH, FL 33444
$ 20.00
) ~ 75.00
RANDOLPH WILLIAMS
25 SW 6TH AVENUE
DELRAY BEACH, FL 33444
$ 15.00 !ADM.FEE
.~EORGE & SONIA WILLIAMS
18607 NE 24TH COURT
NORTH MIAMI BEACH, FL 33180
2o:o
I $ '1510O ADMFE~
VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING
WRECKED OR INOPERABLE MOTOR HAZARDS, DECLARED NUISANCE
4
Res. No. 56-00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
ITY MANAGER
AGENDA ITEM ~'. t . REGULAR MEETING OF JULY 25. 2000
REVIEW OF APPEALABLE I.AND DEVELOPMENT BOARD ACTIONS
DATE: JULY 20, 2000
Attached is the Report of Appealable Land Use Items for the period July lffh through July 21, 2000.
It informs the comrmssion of the various land use actions taken by the designated boards that may
be appealed by the City cormmssion.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
RefiApagmemo/Appealables/07.25.00
TO:
THRU:
FROM:
SUBJECT:
D~.~HARDEN,~_C?Y MANAGER
PAUL DORLING, ~'iNG PLANNING AND ZONING DIRECTOR
JASMIN ALLEN, PLANNER
MEETING OF JULY 25, 2000 *CONSENT AGENDA*
REPORT OF APPEALABLE LAND USE ITEMS JULY '10, 2000 THRU
JULY 2'1, 2000
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of July 10, 2000 through July 21,
2000.
This is the method of informing the City Commission of the land use actions, taken by
designated Boards, which may be appealed by the City Commission. After this meeting,
the appeal period shall expire (unless the 10 day minimum has not occurred).
Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission
hears appeals of actions taken by an approving Board. It also provides that the City
Commission may file an appeal. To do so:
1. The item must be raised by a Commission member.
2. By motion, an action must be taken to place the item on the next meeting of
the Commission as an appealed item.
A. Approved with conditions on a 5 to 0 vote (Carter and Eliopoulos absent), a
conditional use modification to allow a 500 sq. ft. expansion of the outdoor dining
area for Sundy Estates, located at the southwest corner of South Swinton Avenue
and SW 1st Street.
No other appealable items were considered by the Board. The following items which
were considered by the Board will be forwarded to the City Commission for action.
Recommended approval (4 to 0, Hasner abstained), of a Future Land Use Map
amendment from County HR-8 (Residential High - 8 units per acre) to CityTRN
(Transitional) and associated annexation with initial zoning of POD (Professional
Office District) for a parcel of land located on the north side of West Atlantic Avenue,
approximately 1,600 feet east of Barwick Road (between the Villas D'Este and Windy
Creek Subdivisions).
City Commission Documentation
Appealable Items Meetings of July 25, 2000
Page 2
Recommended approval (5 to 0), of a Future Land Use Map amendment from LD
(Low Density Residential 0-5 units per acre) to CF-P (Community Facilities - Public
Buildings) and rezoning from R-1-A (Single Family Residential) to CF (Community
Facilities) for property located west of NW 6th Avenue between Lake Ida Road and
NW 4th Street, in conjunction with the expansion of the Community Child Care
Center.
r~ Recommended approval (5 to 0), of the permanent closure of Eve Street, between
South Federal Highway and Spanish Trail.
Recommended approval (3 to 2, Stark and Randolph dissenting), of the removal of
the temporary closure at SE 4th Street, between SE 6th Avenue (northbound Federal
Highway) and SE 7th Avenue.
Recommended approval (5 to 0), of the abandonment of the east/west portion of
Periwinkle Lane.
Approved (5 to 0, Branning arrived late), a request for a color change for Whoa
(former Texas State of Mind Barbecue Restaurant), located at 814 NE 6th Avenue
(west side of NE 6th Avenue, north of George Bush Boulevard).
Approved (6 to 0), a request for a color change for Goodwill, an existing
commercial building, located at 1640 North Federal Highway (west side of North
Federal Highway, north of Lake Avenue North).
Approved with conditions (5 to 0, Branning arrived late), a Class II site plan
modification and landscape plan for a proposed 18-space parking lot (APT Parking
Lot), located at the southeast corner of NE 5th Avenue (southbound Federal
Highway) and NE 2nd Street. Concurrently, the Board approved a waiver reducing
the required 5' landscape strip along a portion of the north and south property lines
to 0.5' and 2.1' respectively.
W. Approved (5 to 1, Johnson dissenting, Keller absent), a request for Certificate of
Appropriateness associated with the reconstruction of a garage for BSA
Construction located at 9 NE 2nd Street (north side of NE 2® Street, east of Swinton
Avenue). Concurrently the Board approved a variance from the rear building setback
requirement from 10' to 2' in order to allow the garage to be constructed in its original
footprint.
X. Approved (6 to 0), a request for a Certificate of Appropriateness for exterior color
change for Rectory Square (10 West Atlantic Avenue).
Y. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the
installation of a free standing non-illuminated wood sign for Gabay Silberstein
Architects, located at 219 NE 1st Avenue (east side of NE 1st Avenue, north of NE
2nd Street).
City Commission Documentation
Appealable Items Meetings of July 25, 2000
Page 3
Z. Approved with conditions (5 to 1, Johnson dissenting), a request for a Certificate of
Appropriateness to allow a two-story addition to the rear of a noncontributing single-
family residence, located at 4'1'1 North Swinton Avenue.
No other appealable items were considered by the Board. The following items which
were considered by the Board will be forwarded to the City Commission for action.
Recommended approval on a 6 to 0 vote that the Atlantic Avenue Bridge, located at
East Atlantic Avenue and the Intracoastal Waterway, be designated historic and
listed in the Local Register of Historic Places.
Recommended approval on a 6 to 0 vote that the George Bush Boulevard Bridge,
located at George Bush Boulevard and the Intracoastal Waterway, be designated
historic and listed in the Local Register of Historic Places.
By motion, receive and file this report.
Attachment:
· Location Map
CITY OF DELRAY BEACH, FLORIDA
- City Commission Meeting.
JULY 25, 2000
n
P.&Z.:
A. SUNDYESTATES
$.P.R.A.B.:.
1. WHOA
2. GOODWILL
3. APT PARKING LOT
L.38 CANAL
W. BSA CONSTRUCTION
X. RECTORYSQUARE
Y. GABA Y-$1LBERSTEIN ARCHiTECTS
41f N. SWINTON
......... ¢~UMffS .........
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
lg99
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
ITY MANAGER
AGENDA ITEM ~./7~. - REGULAR MEETING OF JULY 25. 2000
AWARD OF BIDS AND CONTRACTS
DATE: JULY 20, 2000
This is before the City Comm2ssion to approve the award of the following bids and contracts:
Contract awards through the State Housing Initiatives Partnership (SHIP) program in the
amount of $17,793.30 to '9(Ftlliam Hatcher Construction for rehab of a single family home at 125
N.W. 7~ Avenue, and in the amount of $17,094.00 to South Florida Construction for a single
family home at 580 Snapper Way, with funding in the total amount of $34,887.30 from 118-
1924-554-49.19 (SHIP Housing Rehab).
Bid award in the estimated annual amount of $20,000.00 to Palm Beach Laundry and Linen
Service for linen rental service for the Delray Beach Municipal Golf Course restaurant, with
funding from 445-4715-572-52.22 (Municipal Golf Course - Uniforms/IJmen Service) (FY
2001 budget).
Contract award to NafionsBank for City of Delray Beach purchasing card through NationsBank
Purchasing Card Program Agreement with the State of Florida (Contract Agreement #4-973-
120-W).
Approval of payment in the amount of $26,459.92 to Tree-Line Sales & Service, Inc., sole
source provider, for the refurbishment of City Vehicle #714 (Bucket Track) to bring the vehicle
up to safety standards, with funding from 501-3312-591-64.21 (Garage Fund/Vehicle
Restoration).
Recommend approval of the bid and contract awards listed above.
RefiBid.Agmemo.07.25.00
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David Harden, City Manager
Lula Butler, Community Improvement Director ~
Kenneth L. Thomas, Community Development Coordinator
July 18, 2000
Community Development Division's Housing Rehabilitation Grant Awards for
Two Units
ITEM BEFORE THE COMMISSION
This is to request approval for two Housing Rehabilitation grant awards. This request is in
accordance with the City's Community Development Division's approved Policies and
Procedures.
BACKGROUND
On June 23, 2000 the Community Development Division mailed invitations to bid to seven
contractors for two full rehabilitation projects in the targeted area. According to the bid package
pick-up sheet, six contractors obtained bid packages. At the bid opening, the Community
Development Division received one bid for a full rehabilitation at 125 NW 7th Avenue from
William Hatcher Construction and one bid for a full rehabilitation at 580 Snapper Way from
South Florida Construction. According to the City's purchasing requirements, all purchases
over $10~000.00 must be approved by the City Commission.
Staff telephoned the four contractors who did not bid on the two projects to determine their
absence of bid submittals. The Division's practice has been to obtain at least three bids per
project. Through consultation with the Purchasing Department, the documented telephone
conversation with the four contractors is sufficient information to justify awarding the bid
projects to the lowest bidder, notwithstanding the two companies were the only bidder for each
project respectively.
The grant awards are based on the actual cost of the rehabilitation as determined by the low
responsible bidder plus a 5% contingency. The contingency may be used for change orders and
all unused funds will remain with the Housing Rehabilitation grant program.
Inspection of work is done by the Department of Community Improvement's Building Inspection
and Community Development Division Rehabilitation Specialist. Contracts are executed
between the building contractor and the property owner. The City remains the agent and the
Community Development Division monitors all work performed by the contractor ensuring
compliance according to specifications and program guidelines. Pay request forms require both
contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as
specified in the approved Policies and Procedures.
The rehabilitation activities will bring the homes to minimum code requirements by repairing the
roof, electric and plumbing systems and correcting other incipient code violations. Detailed
work write-ups and individual case files are available for review at the Community Development
Division Office.
The Community Development Division provides the City of Delray Beach's Instructions to
Bidders and General Bid Specifications during the formal bid process to all
contractors/companies participating in the City's Affordable Housing Rehabilitation Program.
The Division is responsible for ensuring that housing rehabilitation contracts are awarded to the
lowest responsible bidder who meets all of the requirements contained in the Instruction to
Bidders.
RECOMMENDATION
Staff recommends awarding the bids for the housing rehabilitation projects to William Hatcher
Construction and South Florida Construction as the responsible low bidders and authorizes
awards in the following amounts:
Case Number .Address
98-028 HR 125 NW 7t~ Avenue
00-018 HR 580 Snapper Way
Contractor
William Hatcher Construction
South Florida Construction
Grant Amount
$17,793.30
$17,094.00
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2000-33
APPLICANT: Diane Green
PROJECT ADDRESS: 125 N~V 7th Avenue
DATE OF BID LETTERS:
DATE OF BID OPENING:
NAME OF CONTRACTORS
ABISSET CORPORATION
WILLIAM HATCHER CONSTRUCTION
T. H. MOTTLEY CONSTRUCTION
KONRADY CONSTRUCTION CO., INC.
June 23~ 2000
July 12~ 2000
AMOUNT OF BIDS
$
$ 16~946.00
$
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
J.A.S. CONSTRUCTION
HENRY HAYWOOD
FRANK BOUMAN CONSTRUCTION
$
$
$
$
$
MICHAEL SHUBERT CONSTRUCTION, INC.
WRIGHT'S WAY ROOFING
SOUTH FLORIDA CONSTRUCTION
NAUTILUS CONTRACTING CO., INC.
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT: $ 16~946.00 bid/contract amount
$17~793.30)
$
$
$
$ 16,335.00
William Hatcher Construction
(+ 5% contingency of $847.30 =
FUNDING SOURCE: SHIP Rehabilitation Program
COMMENTS:
Account No. 118-1924-554.49-19
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2000-33
APPLICANT: Samuel and Ellen Hanna
PROJECT ADDRESS: 580 Snapper Way
DATE OF BID LETTERS:
DATE OF BID OPENING:
NAME OF CONTRACTORS
ABISSET CORPORATION
WILLIAM HATCHER CONSTRUCTION
T. H. MOTTLEY CONSTRUCTION
KONRADY CONSTRUCTION CO., INC.
June 23, 2000
July 12~ 2000
AMOUNT OF BIDS
$
$
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
J.A.S. CONSTRUCTION
HENRY HAYWOOD
FRANK BOUMAN CONSTRUCTION
$
$
$
$
MICHAEL SHUBERT CONSTRUCTION, INC.
WRIGHT'S WAY ROOFING
SOUTH FLORIDA CONSTRUCTION
NAUTILUS CONTRACTING CO., INC.
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT: $ 16~280.00 bid/contract amount
$17~094.00)
$
$
$ 16~280.00
$
$ 17~205.00
South Florida Construction
(+ 5% contingency of $814.00 =
FUNDING SOURCE: SHIP Rehabilitation Program
COMMENTS:
Account No. 118-1924-554.49-19
TO ALL BIDDERS
Due to time restraints, the Purchasing Division is unable to respond by phone to all inquiries and
results of bids. Therefore, if you are interested in receiving a copy of the SPREAD SHEET with
results of the bid, please enclose a stamped, self-addressed envelope with your bid.
BID AWARD: The awarded vendor will be notified by phone and in writing. Results are based
on the recommendation of the user department, City Manager, and/or City Council.
STATEMENT OF NO BID: If you are NOT interested in submitting a quotation for this
Invitation to Bid, and wish to remain on the City of Delray Beach bid list, you MUST return this
page to the Purchasing Division Office/Community Development Division, 100 Northwest 1st
Avenue, Delrav Beach, Florida 33444.
Please complete the following:
X
___Specifications too "tight", i.e., geared to one brand
or mfg. (explain below)
Insufficient time to respond to Invitation to Bid.
We do not offer this product or an equivalent.
Unable to meet specifications.
Unable to meet BOND requirement.
__.Specifications unclear. (explain below)
Other (Please Specify)
COMMENTS: For 125 NW 7th Avenue and 580 Snapper Way
Already has two unfinished jobs with City housing rehabilitation program;
program limit is three to ensure efficient and expeditious activity completion
COMPANY NAME:
Abisset Corporation
ADDRESS: P.O. Box 7123
Delray Beach, FL
PHONE: (561) 302-3340
CONTACT PERSON: Tokumbo Abiose
ZIP 33444
SIGNED:
Please Print
Per phone by Dennis Thompson, Housing Rehabilitation Specialist
u:\white\wwdata\bidpack.doc
TO ALL BIDDERS
Due to time restraints, the Purchasing Division is unable to respond by phone to all inquiries and
results of bids. Therefore, if you are interested in receiving a copy of the SPREAD SHEET with
results of the bid, please enclose a stamped, self-addressed envelope with your bid.
BID AWARD: The awarded vendor will be notified by phone and in writing. Results are based
on the recommendation of the user department, City Manager, and/or City Council.
STATEMENT OF NO BID: If you are NOT interested in submitting a quotation for this
Invitation to Bid, and wish to remain on the City of Delray Beach bid list, you MUST return this
page to the Purchasing Division Office/Conununity Development Division, 100 Northwest 1st
Avenue, Delray Beach, Florida 33444.
Please complete the following:
X
Specifications too "tight", i.e., geared to one brand
or mfg. (explain below)
Insufficient time to respond to Invitation to Bid.
We do not offer this product or an equivalent.
Unable to meet specifications.
Unable to meet BOND requirement.
__Specifications unclear. (explain below)
__Other (Please Specify)
COMMENTS: For 125 NW 7th Avenue and 580 Snapper Way
COMPANY NAME: Craftsman Plus, Inc.
ADDRESS: 4615 Haverhill Road
Lake Worth, FL
PHONE: (561) 642-5022
CONTACT PERSON: Mark Antista
Please Print
SIGNED:
ZIP 33467
Per phone by Dennis Thompson, Housing Rehabilitation Specialist
u:\white\wwdata\bidpack.doc
TO ALL BIDDERS
Due to time restraints, the Purchasing Division is unable to respond by phone to all inquiries and
results of bids. Therefore, if you are interested in receiving a copy of the SPREAD SHEET with
results of the bid, please enclose a stamped, self-addressed envelope with your bid.
BID AWARD: The awarded vendor will be notified by phone and in writing. Results are based
on the recommendation of the user department, City Manager, and/or City Council.
STATEMENT OF NO BID: If you are NOT interested in submitting a quotation for this
Invitation to Bid, and wish to remain on the City of Delray Beach bid list, you MUST remm this
page to the Purchasing Division Office/Community Development Division, 100 Northwest 1st
Avenue, Delray Beach, Florida 33444.
Please complete the following:
X
Specifications too "tight", i.e., geared to one brand
or mfg. (explain below)
Insufficient time to respond to Invitation to Bid.
We do not offer this product or an equivalent.
Unable to meet specifications.
Unable to meet BOND requirement.
__.Specifications unclear. (explain below)
Other (Please Specify)
COMMENTS: For 125 NW 7th Avenue and 580 Snapper Way
PHONE:
CONTACT PERSON:
COMPANY NAME: Dakota Construction, Inc.
ADDRESS: 1300 SW l0th Street, Bldg. A, Suite #1
Delray Beach, FL
(561) 495-9400
Thomas Ciambrone
ZIP 33444
SIGNED:
Please Print
Per phone by Dennis Thompson, Housing Rehabilitation Specialist
u:\white\wwdata\bidpack.doc
TO ALL BIDDERS
Due to time restraints, the Purchasing Division is unable to respond by phone to all inquiries and
results of bids. Therefore, if you are interested in receiving a copy of the SPREAD SHEET with
results of the bid, please enclose a stamped, self-addressed envelope with your bid.
BID AWARD: The awarded vendor will be notified by phone and in writing. Results are based
on the recommendation of the user department, City Manager, and/or City Council.
STATEMENT OF NO BID: If you are NOT interested in submitting a quotation for this
Invitation to Bid, and wish to remain on the City of Delray Beach bid list, you MUST return this
page to the Purchasing Division Office/Community Development Division, 100 Northwest 1st
Avenue, Delray Beach, Florida 33444.
Please complete the following:
X
__.Specifications too "fight", i.e., geared to one brand
or mfg. (explain below)
Insufficient time to respond to Invitation to Bid.
We do not offer this product or an equivalent.
Unable to meet specifications.
__Unable to meet BOND requirement.
__Specifications unclear. (explain below)
Other (Please Specify)
COMMENTS: For 125 NW 7th Avenue and 580 Snapper Way
Already has two unfinished jobs with City housing rehabilitation program;
program limit is three to ensure efficient and expeditious activity completion
COMPANY NAME:
Henry Harwood
ADDRESS: 211 NW 8th Avenue
Delray Beach, FL
PHONE: (561) 375-1100
CONTACT PERSON: Henry Haywood
Please Print
SIGNED:
ZIP 33444
Per phone by Dennis Thompson, Housing Rehabilitation Specialist
u:\white\wwdata\bidpack, do¢
Agenda Item No.: $'. 172. /
Request to be placed on:
__ Regular Agenda
__ Special Agenda
Workshop Agenda
xxxx Consent Agenda
Date: July 18, 2000
When: July 25, 2000
Description of item (who, what, where, how much):
CASE# ADDRESS CONTRACTOR TOTAL GRANT AMOUNT
98-028 HR 125 NW 7th Avenue William Hatcher Construction $17,793.30
00-018 HR 580 Snapper Way South Florida Construction $17,094.00
(Example: Request from Atlantic High School for $2,000 to fund project graduation).
ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend approval of two State Housing Initiatives Partnership (SHIP)
Housing Rehabilitation Grants and Contract Awards from Account 118-1924-554.49-19 in thc
total amount of $34,887.30. Each grant amount includes 5% contingency.
(Example: Recommend approval with funding from Special Events Account No.
001-3333-555-44.55). ~~
Department Head Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds): Funding available: ~qO
Funding Alternatives: (if applicable)
Account No. & Description: 1~ ~ ~1c~ ~'t~ -~4. d~ ~1~ ~5~ ~31t305W~ r~g~qaJO
Account Balance: ~ qO;'~Zt~
City Manager Review:
Approved for agenda:~O ~
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
AGENDA ITEM NUMBER:
Request to be placed on: July 25, 2000
Date: June 19, 2000
XX Consent Agenda Special Agenda
Workshop Agenda
When:
Description of agenda item:
Approve award of Bid #2000-31 - Linen Rental Service for the De,ray Beach Municipal Golf
Course Restaurant to Iow responsive bidder, Palm Beach Laundry and Linen Service, at total
estimated annual cost of $20,000.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve award to Palm Beach Laundry and Linen Service for linen rental service the Delray
Beach Municipal Golf Coarse Restaurant for an estimated annual cost of $20,000 per Bid #2000-
31. Funding from account code 445-4715-572-52.22. (Fiscal year 2000-2001)
Department Head Signature:~g-~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required o~JI items involving expenditure of funds):
Funding available: Yes V No
Funding alternatives:
ACCount Number:
ccount Description:
ccount Balance:
City Manager Review: ~
Approved for agenda: ~)
Hold Until:
(if applicable)
NO.
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO: David Harden, City Manager
DATE: July 19, 2000
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
JULY 25, 2000 - BID AWARD - BID #2000-31
LINEN RENTAL SERVICE FOR THE DELRAY BEACH
MUNICIPAL GOLF COURSE RESTAURANT
Item Before Commission:
City Commission is requested to approve the bid award to Palm Beach Laundry and Linen
Service for linen rental service for the Delray Beach Municipal Golf Course Restaurant for an
estimated annual cost of $20,000.
Background:
The Delray Beach Municipal Golf Course Restaurant is in need of an annual contract for linen
rental service.
Bids were received on June 28, 2000 from two (2) contractors all in accordance with City
purchasing procedures. (Bids #2000-31. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The Delray Beach Golf Course is recommending award to the low bidder, Palm Beach Laundry
and Linen Service. Palm Beach Laundry and Linen Service is the current vendor that supplies
this service at the restaurant, and the Golf Course is very happy with their service and quality of
linens supplied. See attached memo dated July 12, 2000 approved by the Delray Beach
Municipal Golf Course Restaurant Manager.
Recommendation:
Staff recommends award to Palm Beach Laundry and Linen Service for linen rental service for
the Delray Beach Golf Course Restaurant at an estimated annual cost of $20,000. Funding from
account code #445-4715-572-52.22. (Fiscal year 2000-2001 budget)
Attachments:
Tabulation of Bids
Memo from Golf Course
[lTV OF I]ELARY
PURCHASING DIVISION
TO: Brahm Dubin, Municipal Golf Course ,~
FROM: Jackie Rooney, Purchasing Supervisor/.,/
THROUGH: Joseph Sa~nance Director
SUBJECT:
Linen Rental Service for the Delray Beach Municipal
Golf Course Restaurant
Bid #2000-31
DATE: July 03, 2000
Attached is the tabulation of bids and copy of the bids received for the above
referenced subject.
Only two (2) bids were received for this service. Invitations to bid were sent to
sixteen (16) vendors on June 05, 2000, and a complete bid package was
requested by three (3) vendors.
Purchasing recommends that samples be requested from the two bidders as the
Iow bidder, Palm Beach Laundry & Linen Service, did not state the type (quality)
of product they were bidding on, and the second Iow bidder, National Linen
Service, verbally stated concerns to Purchasing in reference to the type of linen
that would be supplied by Palm Beach Laundry & Linen Service.
Please review the attached and contact me at ext. 7163.
Attachments
Cc: Robert Barcinski, Asst. City Manager
07/~3/2000 00:ID 56114BTB86 DELRAY BEACH GOLF CL PAGE 02
; NTEROi~FiCE MEMORANDUM
TO: JACKIE ROONB~/
FROM: DOLORES SCi'~LICK
SUBJECT: LI~EN
i o?il~/oo
AS i]?F-.R YOUR RI~QUEST ~ 1{LF~z~I~UD S~IPLi~ OF TABI~ lINE, NS FROM pALM
i~UN~;rRY AP~ LINBN $BRVIC~ WI~ Wi~R{~ VERY tt~PPY WITH THI~ QUALITY,
REQU~2~TING THaT WE STAY wITH ~'~J~M BF~C~I LAUNDRY.
CITY OF DELRAY BEACH
BID # 2000-31
LINEN RENTAL SERVICE FOR DELRAY BEACH MUNICIPAL GOLF COURSE RESTAURANT
June 28, 2000
QUANTITY Palm Beach National
PER Laundry & Linen Linen
DESCRIPTION DELIVERY Service Service
1. Standard Bar Towels 300 $ 0.17 ea. $ 0.20 ea.
2. Bib Kitchen Apron 75 $ 0.35 ea. $ 0.35 ea.
3. 54" x 54" Tablecloth 250 $ 0.54 ea. $ 0.55 ea.
4. 54" x 115" Tablecloth 250 $ 1.20 ea. $ 1.30 ea.
5. 90" x 90" Tablecloth 250 $ 1.05 ea. $ 1.40 ea.
6. 85" x 85" Tablecloth 250 $ 1.00 ea. $ 1.35 ea.
7. 120" Round Tablecloth 250 $ 2.00 ea. $ 4.25 ea.
8. Napkins - Standard 1,500 $ 0.07 ea. $ 0.08 ea.
QUANTITY
PER MONTH
9. Floor Mats 4 $ 4.00 ea. $ 4.95 ea.
LAUNDRY SERVICE FOR LINEN OWNED BY GOLF COURSE
QUANTITY
PER WEEK
10. Table Skirting 10 $ 0.50 ft. * $ 3.75 ea.
11. Special Table Linen 10 $ 1.75 ea. $ 2.00 ea.
.TATE ADDITIONAL CHARGES, IF APPLICABLE:
1. Additional charges for other than white colors for
special requests. No Charge No Charge
2. Additional charges for environmental charge. No Charge No Charge
Napkins: 1% of
1% quantity delivered
3. Additional charges for loss or damage, per delivery
$2.00
4. Additional delivery charges. None per delivery
DEVIATIONS FROM SPECIFICATIONS, IF APPLICABLE:
*Vendor bid per
square foot.
Vendor does not provide
Damask Satin Band
tablecloths.
Recommend 100% cotton
tableclothes called
Carousel (50~50).
REF:s\flnance~purchasingVJanitoriat.xls\6/29100 Page 1 of 1
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Jacklyn Rooney, Purchasing Supervisor q~
THROUGH?iMilena L. Walinski, CGFO, Acting Finance Director
DATE: July 19, 2000
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
JULY 25, 2000 - COMMISSION APPROVAL FOR
THE USE OF A PURCHASING CARD WITH NATIONS BANK
Item Before Commission:
City Commission is requested to approve award to Nations Bank for the purchasing card for the
City of Delray Beach via the Florida State Contract Agreement #4-973-120-W.
Background:
The State of Florida awarded to Nations Bank the contract for the Purchasing Card to be used by
entities within the State of Florida. See attached copy of Nations Bank Purchasing Card Program
Agreement. There is no cost to the entities for the paper reports, statement billing, software set
up, and programming.
The City would benefit from the use of this Purchasing Card by reducing the amount of time
spent by Purchasing Personnel processing small dollar amount Purchase Orders. Purchasing
does an approximately 750 purchase orders per month, and a large majority of these could be
eliminated by use of the Purchasing Card. In addition, there would be a reduction in the amount
of time spent by Accounts Payable processing payments for these purchase orders. See attached
memo from the Acting Finance Director.
Recommendation:
Staff recommends the approval for award of a contract with Nations Bank for the use of a
Purchasing Card via the Florida State Contract ~4-973-120-W.
Attachments:
Memo from Acting Finance Director
Nations Bank Agreement
MEMORANDUM
From:
Date:
David Harden, City Manager
Milena L. Walinski CGFO, Acting Finance Director
July 19, 2000
Purchasing Card - Commission Agenda Request
Purchasing cards are restricted use credit cards that would be used to obtain goods and services in a cost
efficient and secure manner. The cards would be issued to individual employees selected by their
department director and used to purchase small dollar goods or services for their department. Individual
purchases will not exceed $1,000 per transaction, which is in line with Ordinance 36.02(A) that gives the
purchasing officer the authority to award items under $1,000. Additional restrictions such as lower
expenditure limits, number of purchases per day, week or month could be set, based on the needs of the
department. Employees would be individually responsible for the card issued to them, which would have
their name and the City of Delray Beach embossed on the fi.ont.
Expected benefits fi.om the use of the Purchasing Card are:
· Less administrative time devoted to generating purchase orders.
· Reduction in the number of purchase orders issued and associated costs in processing purchase orders.
· Reduction in time spent by Accounts Payable in processing payments.
· Reduction in accounts payable checks issued.
· Greater security in purchasing items due to buying restrictions on purchasing card.
· Accepted by any vendor that accepts VISA.
· Prompt payment of vendors.
The recommendation before City Commission is to approve a contract with NationsBank for the City's
purchasing card. NationsBank has the Florida State contract (#4-973-120-W) for Purchasing Cards .The
City already maintains a banking relationship with Bank of America (formerly NationsBank). As an added
incentive, the State of Florida will issue a rebate of 40 basis points per year on all purchases made on the
purchasing card in excess of $100,000.
Doc: pur card agenda request
Attachment: Florida State Contract
NationsBank Contract
C: Joseph M. Safford, Finance Director
Jackie Rooney, Purchasing Supervisor
State of Florida
NationsBank
Purchasing Card
Application
Check the box which applies:
Payments will be processed through the State
of Florida's Department of Banking and
Finance.
Payments will be processed directly to
NationsBank.
NafionsBank®
T'o ENSURE PROMPT PROCESSING, CONFIRM THAT THE FOLLOWING IS PROVIDED:
Complete Application and Signature and Authorization: Complete all sections including Signature{s). Authorization and Certificates of Authorit>
Financial Statements: For Entities processing payments through the State of Florida's Department of Banking & Finance, no financial information
Submit the completed Application, along with required documentation to: Forward the completed application, along with
STATE OF FLORIDA ! NATIONSBANK VISA PURCHASING CARD APPLICATION
Does your Organization currently bank with NationsBank? ~ Yes [] No If yes, location East Atlantic
Delray Beach
Entity Information (Please type or print):
Name of Entity (As it will appear on card): Limit 24 spaces:
IclIITIYI IolFI IDIEI -IRIAIYI IEIEIAIclHI I I I I
Entity Legal Name City of Delray Beach
Street Address
100 N.W. First Avenue
City/State/Zip
Delray Beach, Florida
Business Phone 561-243-7115 No. of Employees 789
Tax ID #
33444 59-6000308
Type of Organization: State Agency
X Municipality
County
Program Administrator(s): (Day to day contact person)
Name Jacklyn Rooney
Community College Special District (type).
District School Board Other (specify)
County Constitutional Office (specify)
Title Purchasing Supervisor
Business Address
100 N.W. First Avenue
.City Delray Beach StateFL Zip 33444 Business Phone 561-243-7163
E-mail address Rooney@ci. delray-beach, fl .us
Name Milean Walinski
Fax number 561-243-7166
Title Assistant Finance Director
Business Address
100 N.W. ist Avenue
City Delray Beach State FLZip 33444 Business Phone 561-243-7134
E-mail address Wal±nski@ci. delray-beach, f 1.us Fax number 561-243-7166
Program Information:
1. What is your anticipated annual purchase volume?
$500,000
2. How many cards do you anticipate initially? 25 (estimate) At full implementation? 300
3. When do you plan to implement a Purchasing Card program (target date)? September 01, 2000
RevBed 2/98
,quired documentation, to your NationsBank Account Representative.
Electronic Transmission and Reporting:
[] EDI
[] Statement Billing File (ASCII)
[] InfoSpan
Payment Method:
[] ACH Debit
[] ACH Credit
[] Wire Transfer
Signature and Authorization:
To be signed by person authorized to enter into the Agreement:
The entity named above (the "Entity"), by the signature of its authorized officer or employee below, requests that a Visa Purchasing Card account be
established by NationsBank, N.A. (South) in the name of the Entity, and that Visa Purchasing Cards be issued to the representatives of the Entity as
the Entity designates from time to time. The Entity agrees to be liable for transactions made on the account, and shall pay NationsBank, N.A. (South)
the account charges in accordance with the NationsBank Purchasing Card Program Agreement with the State of Florida dated February 4, 1997, as it
may be amended from time to time (the "Agreement"). Tlae Entity hereby acknowledges receipt of a copy of the Agreement. The Entity agrees that
it shall be considered a Participating Entity, as such term is defined in the Agreement and as such shall fulfill all Participating Entity obligations. If
the Entity utilizes electronic data interchange (EDI) through the Florida Department of Management Services (DMS) for billing and information
processing and to the extent that funding is not lawfully available to the Division of Purchasing of DMS to pay the EDI costs, then the Entity agrees
to pay DMS its proportionate share of electronic data interchange costs (EDt), as determined at the sole discretion of DMS. The Entity understands
that its participation in the Purchasing Card Program may be immediately terminated if it fails to make timely payments hereunder or otherwise a~
permitted in the Agreement. If the Entity processes payments directly to NationsBank and the Agreement should terminate, NationsBank may. at its
option, upon notice to the Entity, terminate Entity's account or issue new terms for the account. I hereby certify that I am authorized to sign this
application for the NationsBank Purchasing Card Program and to contractually bind the Entity to all terms and conditions found herein, without
limitation, for the duration of the said contract. The legal basis upon which this authorization exists is as follows:
Florida Law (please give citation):.
Florida Administrative Code or ordinance (please give citation):
Other (please give reference or citation):
Name (print): Title:
Signature: Date:
Entity or Organization
Certificate of Authority (to be signed by Counsel for Participating Entity/Organization):
This certifies that is authorized, by the specific provisions of the Florida Statutes, Florida
(name)
Administrative Code or other legal authority cited above, to sign the application for the NarionsBank Purchasing Card Program on behalf of the
named Entity/Organization in this application and by so signing binds the Entity/Organization to all terms and conditions found herein, without
limitation, for the duration of the said contract.
Print Name
Signature
Florida Bar I.D. Number
AMENDMENT NO. 2 TO THE
NATIONSBANK PURCHASING CARD PROGRAM AGREEMENT
WITH THE STATE OF FLORIDA
THIS AMENDMENT xs by and between Bank of America, N.A. (USA), successor by
merger to NationeBank of Delaware, NA, ('~BANK OF AMERICA"), and the Department of
Management Servxces of the State of Florida acting on behalf of the State of Florida ("STATE").
This AMENDMENT will be effective upon execution by the parties
WHEREAS, the STATE previously consented to NationsBank of Delaware, N.A. being
assigned the rights and obhgations accruing to NationsBank, N.A. (South) under the Agreement
effective April 21, 1998;
WHEREAS, NationsBank of Delaware, N.A., effective March 30, 1999, merged into and
with its affiliate, Bank of America, NA. and changed its name to Bnnk of America, N.A. (USA);
NOW, THEREFORE, the parties agree as follows:
1. Under the terms of the AGREEMENT, as amended by Amendment No. 1, a
single purchase maximum hmit of Twenty Five Thousand Dollars ($25,000.00) applies to each
transaction by an EMPLOYEE CARDHOLDER. The AGREEMENT is hereby amended to
allow an EMPLOYEE CARDHOLDER to make a purchase in an amount established by the
PARTICIPATING ENTITY and m concurrence with issuing financml institution; provided,
however, that the EMPLOYEE CARDHOLDER shall continue to be subject to the monthly
credit limit applicable to his/her account.
2. Under Section 2.C.(i)(a) of the AGREEMENT, BANK OF AMERICA is required
to commence transmission of transactions t~ the STATE on a daily basis, excluding weekends,
STATE hohdays and banking holidays, between 4:30 a.m. but not later than 7 a.m. Eastern
Time each business day. The AGREEMENT is hereby amended to require BANK OF
AMERICA to commence tro. nsmismon of transactions to the STATE on a daily basis, excluding
weekends, STATE hohdays, and banking holidays between 4:30 a.m. but not later than 9:00
a m_ Eastern Time each business day.
3. The other provisions of the Agreement remain unchanged.
~TATE OF FLORIDA
DEPARTMI~NT OF I~NAGEMENT SERVICES
By:
Title:
Ba~K OF A~E}UCA, N.A. (USA)
SUCCF~SOH TO NATIONSI~ANK OF DELAWARE, N.A.
By:
Name:
T~tle:
Date:
· .v' OF
AMenDMeNT #1 TO
NATIONS]BANK PGRCHA$I~IG CARD I~ROGRAM AGReeMeNT
WITH TI~E STATE O~ FLORIDA
This AMENDMENT is by ~ad betwceu NationsBank of Delaware, N.A. ("NATIONSBANK")
anti the Depadment of Managemeat Services of the State of Florida actiug on behalf of
the State of Florida ("STATE"). This AMENDMENT ~ be effective upon execution by the
parties.
WHEREAS, the STATE has previously con~mted to Nation'Bank of Delaware, N.A.
being assigned the rights and obligations accruing to NationsBank, N.A_ (SOUTH) under
the Agreement effective Apifl 21, 1998.
NOW THEREFOKE, the patties agree as follows:
Under the terms of the AGREEMENT, an EIVI~LOYEE CARDHOLDER is limited to making a
purchase in an amount establiahed by the PARTICIPATING ENTITY not to exceed $5,000.
The AGREEIvfl~2qT is hereby amended to allow a~ ~MI~LOYEE CAKDHOLDER to make a
purchase in an amount established by the PAKTICn~ATING ENTITY uot to exceed $25,000
The other provisions of the AGREEMENT remain unchanged
State of Florida
Department of Management Services
NationsBank of Deleware, N.A.
(£yl~d~or printed Name)
/ (Signature)
ff yped or Printed Name}
Vice Prcsid -h
L _ .
~AT[ONSBA~',~K PURCH.~S[NG CARD PROGRA.%I AGREE&[EN'f
¥,TTH T:[E STATE OF FLORID.{
This AGREEMENT is by and between NationsBank, N.A. (SOUTH) ("NAT[ONSBANN") and the
Department of b[anagement Services of the State of Florida acting on behalf of the State of
Florida ("STATE"). This Program Agreement ("AGREEMENT') will be effective upon execution
by the parties.
VFHEREAS, STATE issued a Request for Proposals, number 4-973-120-W, on June 10, 1996,
and 1VATIONSBA.~rK submitted its response which was evaluated to be the .best of all responses
received.
NOW THEREFOI?~o the parties wish to enter into this AGILEEMEN~I' to formalize the
relationship which will permit ELIGIBLE ENTITIES to participate in ~he PURCHASING CARD
PROGiTA/W_
DEFINITIONS
~AcCOUNT' means a line of credit plan established by NATIONSBA.NI< pursuant to this
AGREF~'VIENT that can be ut~H~ed by an Ei~IPLOYEE CARDHOLDER for the purpose of
incurring LEGIThY~ATE BUSINESSEXPENSES.
· 'BILLING CYCL~ means a monthly bHHng period with a 14 day grace period before
payment is due.
· "CALCULATION PERIOD" means each calendar month during the term of this
AGREENLENT, in which anyACCOLfNT is in effect.
"CARDLESS ACCOUNT' means a type of ACCOUNT (i) which requires the express prior
approval of the STATE before it is opened; (ii) with respect to which no PURCHASING CARD
is issued; and. (iii) which is accessed by Accou~'r numbecalone.
"CENTR.*~L BILLING" means one bil[in~ statement £or combined CL~d~G£S per BILL{NC
CYCLE will be pro'Aded to a P.-~TiC{PAT{N~ ENTITY nnd payment(s) will be made by
P.~T[CIPATiNG ENT{TY t'or outstanding CIYARGES on the bi!ling sta teme
"CENTR.-~. PAr' means a PART£CIPATfNG E,.X~ITY will send payment(s) for its CHARGEs on
it~ CENTRAL BILLING Sta temco t.
"CHARGE" means any transaction occurring on an ACCOUN'r (including a CARDLEss
ACCOUNT) including, but not limited to, purchases, late payment/'ecs sad any ocher fees
charged in conjunction with the PROGRA.~I that are specifically provided for ia this
AGI~E,M~.
"D[SPUTES~' means items that are requested b~r an EMPLOYEE CARDHOLDER or
PARTICIPATING ENTI~,.. to qualify for crecli~ under Visa's Rules and Regulations as they
may be in effect a~ the time the claim by the EMPLOYEE C.~RDHOLDER or P.4.RT[CIPATING
ENTITY is made.
· "ELIGIBLE ENTITY(S)" is as defined in the RFP.
"E3,IPLOYEE CARDHOLDE~." means a person designated by a PARTICIPATING ENTITY for
whom an ACCOUNT is established by NAT~0NsBA~XrK upon the request of such
PARTI CIPATIN'G ENTITY.
"FR-xUDUi. EN'I' USE" means any CH_a~RGE thae was not made by the EM'PLOYEE
CARDHOLDER or his/her agent and which was reported by PARTICIPATING E~NT[TY or
F.M'PLOYEE CARDFIOLDER to [X[~4.T[ONSB,%~xlI{ in a timely manner, as sta~ed in section 3.
"LEGITINL~TE BUSINESS ]~'XPENSE" means those CFL~.RGES that directly or indirectly
beneEi~ a PARTICIPATING ENTITY, whether or not previously authorized or approved by
said PkRTICIPATING ENTITY.
BILLING STATEMENT' means a Summary of CF..~RG£S on the EMPLOYEE
C~D~0LD~-R's ACCOUNT provided for information purposes only, not for billing purposes.
,~ Fi~i oo~,~) Pa~e 2 or' 17
"~[ERCHANT CATEGORY COOE" means merchant classifications assigned by Visa and
made available ['or use by STATE or a P.iJlT[C[P.KT{NG ~NT[TY ['or the purposes of allowing
or restricting CHARGES.
"NET PURCHASE VOLUME" is defined as aggregate dollar amount of purchases made on
the ACCOUNTS in the relevant CALCULATION PERfOD less the aggregate dollar amount o[
(0 success[ul D£SPUTEE (ii) successful FR.~UDULE,Vr USE, and (iii) PERSONAL CHARGES [or
which Vise's Liability Waiver Program makes payment to ~.~.T[ONSB.~.¥K. relating to a
purchase(s) made during any previous CALC[;LAT[ONPE'~IOD.
"PARTICIPATING ENTITY' or "PARTICIPATING ENTITIES" are as defined in the
provided that the entity has executed the appropriate PROGRAJ, I application and the
application has not been declined pursuant to section 1.E. o[ this AGREE?dENT.
"PERS ON.4.L
EXPENSE(S).
CHA.RGES" means CI-L~RGES which are not LEG[TINL4,TE BUSSXrESS
"PROGP..~,! ADM1NISTP. ATOK' means the designated representative of a PARTICIPATING
EI~TITY who will work directly with NATIONSBA>rK and the ST.~.TE on issues that relate to
the PROG~£
· "PURCH.~SING CARD" means the plastic card issued with respect to an Acco[m~r.
· "PURCHASINC~ CARD PROGR.M~f' or "PROGR. A~%£' means the extension of service under
~his AGREE,',~NT for the STATE and any PART[CIP.i. TINGENTITY.
"RFP" means the original request ['or proposals, number 4-973-120-W, issued on June I0,
1996, the written questions and answers clari~yingcertain issues in the original request
for proposals, and the Addendum which modified the original request for proposals issued
on July 23, 1996.
~, ~'i~ i~o~'m Page 3 of l?
"ST~.TE ~O(~R.,.L'~t ,q~D~¥H,NqSTR:kTOR? means the designu~ed ~epresencadve as~i§ned by
~he STATE to be ~he pr{mary poin~ of contac~ for ~'.~T{ONSB,ANK and ,~ll PART[C~PAT[~G
E~TIT~ES o~ issue~ that: relate ~o the
1. PURCHASINGCARDiSSUANCE.
A. NAT[OlVSB,.u.'vK hereby agree~ to provide a PARTiCiP.A.T[N'G ENTITY ~vich the
~AT[ONSB-'%.x~'f PURCf-L{Sf,¥G CARD PROGR.-%x,~, establish ACCOL'N'TS and issue PL"RCFLASING
CARDS to EbiPLOYEE CARDHOLDERS upon the terms and conditions o~' th s .-%-GREENfE.%'T. Each
ACCOUNT is to be used for LEGITL~L~.TE BUSL'~'ESS EXPENSE.
B. N.4.TIO~'SB..%.N'[f will establish an ACCO~/~{T for and .;ssue a PURCFL-tSiNG CARD to an
E311:~LOYEE CARDFIOLDER upon I:he' request- of' a P.A.RTICiPATING E~'TITY; ho~vever, the
establlshmentof a CARDLESSACCOUNT will be subject to subsection i.C., below.
C. NATIONSBAN'K may, at the request of P.-~-RTICIPATiNG ENTITY and with the
approval of'STATE, establish CAP~DLESS ACCOUNTS. A C.43~DLESS ACCOLrNT may be utilized by
a PARTICIPATING ENTITY for the purchase of goods and serv'~ces. In the event that a
CARDLESS ACCOUNT is established, al/transactions on such ACCOUNT shal~ in al} respects be
treated as though the transactions were initiated through the use of a PURCFL, kSING CARD
except as stated in Section 2.B. hereafter. Each PARTICFPATING ENTITY will use all due care
to maln~a/n the security of ~ i~u-RCHASk'VG CARDS and CARDLESs ACCOU~'~Fr numbers
provided to it under the PROGI~_~,~C
D. Each- PI/RCH.4.SING CARD and CARDLESS ACCOUNT shah be valid for the term
ind/ca~ed an(t will be eligible for reissuance, unless such PURCH.~SING CARD, CARD[ESS
ACCOUNT and/or the PROGR.~_%[ have been canceled by [N'.-tTIONS]~',FK pursuant.to the
provisions of this AGREEbi'EhT,.or at the request o~' the PART[C[P.~,T[NG ENTITY as it rela~es to
its participation, or a~ the request of' STATE. ~N'ATIoNsBA~%'K reserves the right to cancel or
suspend an ACCOUNT at any time if the ACCOUN~ [s more than 30 days past due ~vith notice
to the PARTICIPATING E~NT[TY and ST.4.TE. [n addition. ~AT[O~'SBA.~"K may suspend any
ACCOUN'I' with just cause at any time prior to notifying STATE or PARTICIPATING E.'dT[TY
provided that it notifies the D.~RTiC[PATI~G E~XIT[T¥ and STATE a~ the ear[iest reusonable
opportunity.
P:ge 4 of 17
Department of Banking and ~inance. a FROG~.%%[ application (co be mu[u;dly developed by
STATE and ~AT(O~S~A~') ~h;tl[ be e.¢ecuted by [he ~LIG[RI.E E,~T[TY bu~ such applic~io~
shal[ not be subjec~ ~o a ~nanc[al, analytical or perfo~-mance cev~ew. [n the even~ tha~ an
EE[G[SCE E~[T~s payments pursuan: ~o :H~S AGREEMENT are hOC p~ocessed ~hrou~h :he
Depe~:men: of Ban~in~ ~n~ Finance, ~AT[O~SSA~K and the STATE w~[ develop a separate
PROG~ app~ca:~o~enroiImen: ~o be executed by such ELIGIBLE EN~[TY and which wiI] be
udI~ze~ by ~AT[O~SBA~ ~o conduc: an ~n~ependent 6nancial, ana[y:ica[ and Performance
review. [n :he even~ ~a: chis cev~ew demonstrates bona ~de concerns ~oc ~AT[ONsBANK or
S?.&T~, a ~oo~ f~:h e~o~: wi~ be m~e to ~eso[ve :he concerns. ~oweve~, ~ :he pa~:~es a~e
unable ~o ~esoive s~ concemns, ~'~T[O~.~ ~ese~es :He ~ ~o decline the PROGeill
~pp[ica:i0~en~o~men~ of the E~G[B~ E~[TY. [n any event, ~ATIO~SB.~qS{ shall no: be'
req~red to establish any ACCO~ under this AG~EN~NT unless and until STATE 0r
P.~T[C[PAT~G E~TI~ ~.~nishes to NATIONSBA~ such .evidence o~ action and authority as
~ATIONSB~ may reasonably reques~ prior ko the enro~ment o[a P.~TIC[PAT[NGENT[TY.
2. LL4BILITY.
A. PA~TIC[P.4.TING E~'~T[TY PURCH_4S[NG CARD ACCOUNT Liability. A
PARTICIPATING ENTITY shall be liable for all CI~4_RGES made on all o[ its E~LOYEE
CARDHOLDERS' PU'RCI-IASING CARDS except for CI-{ARGES resulting from Fm~UDULE~NT USE or
quaIif~ng under the DISPUTES po[icy. However, if the P?,RTICIPATING EbFfITY meets all then
e.'dsting requirements of Visa's Liability 'vVaiver. Program (.~.ddendum B), then
PARTICIPATING ENTITY wi]/ not be liable for any PERSONAL CI4-%RGES on its PURCHASING
CARD ACCOUNTS: - The STATE understands that a PART[C[PATI,.'VG E~XfTITY may be required to
pay 1N'AT[ONSBA2VK for some disputed [FR.~.UDULENT USE and PERSON.AL CF.~qGES)
transactions pending the ultima~e resolution~f said disputed transactions.
~. PARTICIPATINGENT[TY CARDLESS ACCOU~'T Liability. Should PARTICIPATING
ENTITY request with prior approval of STATE to set up CARDEESS ACCOUNTS under the
PROGR.%_',I, all CH.~GES to'the C;~,~0LESS ACCOUNTS shall:
(i) not be subject to signature and identity verification procedures and.
therefore, will not be eligible for DISPUTES processing for any reason related to
signature or identity verification; and,
(ii) be considered LEG[TI~La. TE BUSINESS EXPENSE unless such CHARGE :vas
made from a merchant whb was blocked using MERCHA_WT CATEGORy CODEs
and the failure to dishonor the CH.*..O. GE was an error by NAT/ONSBA.',%~ or a
third party processor selected by NAT[ONSB.4.NK.
I~[gRCH.~NT CATEGORYCODES will be considered blocked two (2) business days after a request
ia received by lx[.4.TIONSB..~oN-K provided the request to block, from STATE or a P3_RT.rCIPATING
~..NTITY, is initiated on a NATIONSBANK business day. However, if a PA.RT/CIPATINGENTiTY
meets all then e-'dstingrequirements of Visa'a Liability Waiver Program, then P.~-RT£CIPATINO
ENTITY will not be liable .for any PERSON.i.L CI-LMtGES on the CAROLESS ACCOUNT.
C. Billing Procedure~
(/) General procedures. CFL-%RGES for both PURCI4_~SING CARDS and/or
C,M~DLESS ACCOr./NTS w/Il be set forth on a billing statement furnished to each
PA~RTrCIPATING EN'FiTy, and a MEMO BILLING STATE,MEN? may be provided at
the PARTICIPATING ENTITY's request to the EMi:LOYEE C.%.RDHOLDER or to the
PARTICIPATING EN'rITY for distribution by the PA.RTICIPATING ENTITY to
E,~,IPLOYEE CARl)HOLDERS. N.-',TIONSBANK shall, upon request of a
PARTICIPATING EN'rITY, provide the PARTICIPATING EN~CiTy with information
w~5 respect to a'I1 CHARGES made by an EMPLOYEE CARDHOLDER during each
BILLING CYCLE and with any other information concerning the E,MPLOYEE
CARDIiOLDER's ACCOLfNT. STATE, on behalf of P.4-RT[CIPATFNG ENTITLES, and
NATIONsB,~',O[ shall ag'tee to the settlement terms outlined in Addendum A.
(ii) Special procedures. The followingprocedures apply when a P.kRTtC[PATING
ENT[T~Fs payments are processed through the Departmen~ ok' Banking and
Finance. NATIONsB.~_N'K agrees to transmit daily statements/invoices (ED[
8 [ ts) containing the transactions (C~.aGES, credits, DtSPg*rEs, which reduce
the balance due, and payments) processed the previous day through
Pa~e 6 of t7
.NAT£ONSSAsX/K i'br each PARTICIPAT[OlG ENTITY. NAT[ONSSANK has also
agreed to accept daily payments in the form of Electronic Funds Transfer
(ACH Credits) ~rom the Departmen~ o~ Banking and Finance per
P.~RTICfPATING ENTITY ~o be applied against ~hac PARTICIPATING ENTiTy's
outstanding balance. [c is also understood:
(a) N'ATIONSBA:"~K will commence transmission of transactions to the
STATE on a daily basis, excluding weekends, STATE holidays, and banking
holidays, between 4:30 a.m. but not later than 7 a.m. Eastern Time each
business day. NATIONsBAN'K and the STATE will develop a mutually
agreeable process for no~Zying the STATE's designated represen'tative of a
transmission failure had possible resolution. N.~TrONsBA,.WK and the STATE
will develop a mutually- agreeable transmission schedule annual/y.
(b) Since the outstanding balance for a PARTICIPATrNG ENTITY will be
charting for each transmission of CFLa. RGES and credits and payments
received by N-~TIONSBANK, the daily transmissions will contain a running
balance of the PARTICr. PATING ENTITY'S ACCOLrN'I'.
(c) N'ATIONSB.~NK wi]/ be responsible for notif~ng the STATE, in a method
' mutua/ly agreeable to the STATE and to IN'ATIONSBA~NIf, that NATIONSB.~NI{
believes that a P.MtTICIPATING EN"I'[TY is in arrears. Such notice shall
indicate ~he name of the PARTICIPATING ENTITY and the amount in arrears
fro' ~he BILLING CYCLE.
(iii) N'AT[ONSBA~¥K shall work with each P.q-RT£CIPATING ENTITY that is not
included under section 2. C.(i.i), above, to accommodate the electronic
transmission of information as described in NAT[ONSBA.N'K response to the
RFP, between such PARTrCrP.-kT£NG ENTITY or its designated data processing
fac[dry and NATtONSBAN'K.
Page 7 of t7
D. DISPUTES. ~-a'TIONSBANI( will process OISPb'TES upon ceceipcot'a wdccen notice
ora disputed i~em ~rom an E~IPLO'/EE C,~DHOLDE~ PROG~4)[ .~,~[/)I[ST~TOR or ~he STATE
PROGt~%t~b~I~STi~TO~ in accordance whh ~sa s Rules and Regulacionaco~cecnin~valid
DISP~ES, a~ in ettec~ from ~ime Co ~im~. NATtONSBANE will issue Cempocary crests tot
DISPUTES thac ~l reduce the outstanding balance due at ~he end o~ a BtLUNG CYCLE for
each P~TICIPATING ENTITY.
E. Liability upon Termination of AGREE~IENT. Any liability ora P.ARTICtPATi.%-G
EN~I'ITY or STATE to NATIONSI~.-~%'K or N'ATIONSBA~Nr~ to a PA-RTIC[PATI~'G EN*I'ITy or STATE,
which arises prior to the ~ermina~ion of this AGR~E,~IENT~ shall survive the termination of
this AGREENIENT.
F. NATtONS~A~%~ acknowledges ghat STATE and PA-RTICIPATING ENTITIES are
separate legal entities wh.'.ich are not legally responsible/'or each other's tortuous conduct or
F~nancia/ob lig-a tio ns. '
3. RESPONSIBILI~FOR CI~4~RGES. A PARTICIPATING E~[T¥ shah pay NATIONsB~N-~
for a~ C~GES on ~ ~IPLO~E C~O~ER ACCOUNTS and C-~SS ACCOSTs and
such ~ayment sh~ be made accordin~ to ~he se~tlemen~ terms in Addendum A, except as
. mo~ed by other pro~sions of ~s AGREEb~. It a P~TICIPATING E~ITY meets all ~hen
e~st~g req~emen~s of Visa's ~ab~ %V~ver Pro.am, ~hen b~TIONSBA~ wHl process a
cl~m on behalf of such P~TICIPATI~G E~ITY and issue a cre~ to ~he ACCOU~ once
reimhursemen~ is received ~om the Visa ~ab~ty ~Vaiver Program administrator.
~~ USg.w~ be reported to ~ATIO~S~ no la,er than (i) 60 days after ~he end of
~he BriNG ~C~ in which any such C~GE ~rs~ appeam in the daily s~atemen~
~ransmi~ted ~ accordance with section 2. C.(H) for those P-~TtCtPATING ENXITIES which
proces~ payments through the Dep~rgment of Banking and Finance. or (ii) 60 days after the
end of the BIL~NG ~C~ in which any such C~GE firag appears oa the bfE~tO BtLUNG
STATE~IE~ for any other P-~TICIPATING E~ITY. [f F~{~ENT USE is not so reporred.
P.~T{CtPATfNGE~iTy waives any right to ~spute such C~GE.
Page 8 of t7
,I. RESPO~'$IBILITIEs OF THE $T.-~T£ Paoca.~3,t :-~,~,tt.'~tSTa.vroa AND PeocR.~t
· ~II.~'IST~ATO~S). STAT~ will designate employee(s) (i~d~vidu~ll~ or collectively) in
e~sfin~ pos[cion(~) ~o assi~ NAT[ONS8.~( and STATE in ~dm~n~s~erin~ the PROG~[ an
behalf of ali P.~T[CIPATiNG ENTIT{E& [n addition, each PART[C{PATING ENTITY shall
designate ac least one employee ~o serve as PROG~%[ ~MIN[ST~TOR for that entity. STATE
shall advise ~ATIONSB~ in writing as ~ any changes of ~he individual(s) named as STATE
PROG~%%I-~[[~ST~ITO~S). and each P.~T[C[PA'I'ING ENTITY shall noCil~ NATIONSSANK ia
'wridn~ as ~o an~ ehan~es of ~he indi~dual(s) named as PROGiC%[ -~MIN~ST~TOaS) for ~he
respective entity. The STATE PROG~M~[ .~MIN~ST~TO~S) on behalf of the STATE. and
~OG~M~I ~E~ST~TO~S) oa behalf of ~he P.~T[CIPAT[NG ENTITY, shall perform the
fo~owing duties, in ad~fion to any ocher duties reasonably reques ced by HATIONSB~ and
a~eed ~o by STATE, wi~h regard ~o (he STATE PROG~I.~N~ST~TO~ or by ~he respective
P~TICIPATIHGE~Iw, with regard ~o P~TICIPATINGE~ITy:
A. Be familiar with all aspedts of the PROGR_-U~,[, including but not limited to, billing
procedures; number and status of PURCFL-%SING CARDS, and/or CARDLESS ACCOLri~TS approved
by STATE; status of EMPLOYEE CARDHOLDERS; notice requirements; and, status Of unpaid
CHARGES.
lq. Promptly advise HATIONSBA_N'K of an EMPLOYEE C.M~jDI-iOLDER~s termination of
employment with PARTICIPATINGENTITY as such termination is processed by P.-I-RTICIPATING
E~N"I'ITY in accordance with P--I~RTICIP.ATING EN~rlTY's standard personnel termination
procedures. P,~RTICIPATING ENTITY shall take all reasonable actions necessary to collect
PURCI-LiSIHG CARDS issued to an EM'PLOYEE CARDHOLDER whose employment has been
terminated or whose ACCOUNT has been terminated. S~ich PURCH_~S[NG CARDS shah be cuc
in half and destroyed. Failure of P.ART[CIPATING ENTITY and/or ica PROGP~'~I.~DMiN'ISTiA~.TOR
to ~ive prompt notice to NAT[ONSB.MN'K of an EM?LOYEE C.-~RDHOLDER's termination sha]/
result in PARTICIPATING ENTIT~s continu/ng liability to pay all C[-L-kRGES on the terminated
EMPLOYEE CARDHOLDER's ACCOUNT which are not covered by the V'[sa Liability Waiver
Insurance Program (attached as Addendum B), except for FIL~,{.'Db'LF. NT USE, or D.~S~'T~.S
resolved in faro r of P.-%.RT[CIPAT[NG ENTITY.
C. Advise all EM?LO'(2E CA~OHOLD£Rs to contact NATtO,'qsBA,~K immediately Upon
the discovery of a ldst or stolen PL/RCH_~S[NG C~RD or C.-~RDLESS ACCOUN~ number, or COntact
N'AT[ONSBA~'~7<'on behnlfofthe EMPLOYEE CARDHOLDEE in the~e instances.
5. PRICING. A PARTICIPATING ENTITY Shah pay co NATIONSBA~xq< fees in the amount set
forth on the schedule attached as Addenddm A to chis AGREEMENT.
6. TER~I OF AGRgE,%IENq', DEFAULT.
A. This AGREEMEN'r shall remain in full force and effect for a term of five (5) years
from the date CH--kRGES initiallycommence pursuant Co this AGREE~£ENT. STATE may elect to
renew the AGRREMENT for up to an additional ~ve (5) years pursuant to the RFP. Ail
PURCI-L~SING CARDS and CARDLE$S ACCOb~'N'rS shall be deemed canceled effective upon
termination of this AGREEMENT.
B. Notwithstanding the foregoing, NATIONSBANK may, at its option, terminate this
AGFd~E~fENT as it relates to one or mere PARTICIPATING ENTITY (ENTITIES) by 30 days prior
written no~ice to STATE and such PARTICIPATING ENTITY (ENTITIES) at any time after
occurrence of any of ~he following events:
(i) The failure of PARTICIP.4.TfNG ENTITY or STATE to perfom any term or
- conclition of the AGREE~tENT;
(ii) The dissolution, consolidation, or merger of the State of Florida or a
PARTICIPATING ENTITY who is not making payments through the Department
of Banking and Finance, taken as a whole or the sale or other transfer of any
aubstantia! part of the State of Florida's or at least 25% of the P.~-RTiCIPATING
ENTIT~s assets;
(iii) Any written statement, representation, or warranty of STATE made
herein, or made by any P.~RTICIPAT[NG ENT[T',' at an}' time and furnished to
~AT[ONSBA2~q~ untrue in any material respect when made: or,
Page [0 of 17
(iv) Funds toe' the contin~acianot'the PROGR..~.',I a~'e not appropciaced by or for-
the. D.-kRT[C[PATLWG ENTITY or othecwise lega[l:' available to meet its obligations
under this AGR££MENT. H'owever. in such event, the et'fective dace o~' Such
terminationshall not be until the funds are no longer available.
C. All PURc~-~SING CARDS an~f materials furnished by N'AT[ONSBANK to a
PA. RTIC[PAT[NG ENTITY marked "proprietary" shall be returned to N'AT[ONSBANK upon
termination, suspension or discondn[aance of the PROGRA_%~. STATE agrees that certain
materials provided by ~N*ATIONSI~AN'K are the proprietary p~oduct of iXrATIO..%'SBANI~ including
but not limited to re~orts, manuals, documentation, marketing materials, and other related
materials. Acceptance or possession of these materials constitutes an a~reement that the
materials will be treated confidenti~illy, and will not be disclosed, copied or otherwise further
disseminated to any person other than officers, employees or agents of a P.-~q:TIC[PATING
lgNTITY on a "need to know." basis without prior ~vritten approval of N'.a. TIO..%'SB.a~\-K, and shall
be kept confident/al for the duration of this PROGR.-~'vI plus an additional two years. The
confidentiality and records retention requirements specified in this subsection shall be
subordinate to the public records disclosure and records retention requirements in Florida
law which are in effect at the time a records'request is made.
D. Should any P-A. RTICIPATING E~'~rTy which .proc. esses payments through the
Department of Banking and Finance fail to pay any amount owed to N'AT[ONSB.-~Xr[( by the
due date, then upon NATIONSB.~x~s request, S'rATE PROGR_A_~,[ ~DMINISTRATOR shall
immediately request the Comptroller to exercise the authority under Section 17.03, Florida
Statutes, to settle and approve said amount.
7. TER~IINATION. Should there be an adverse change in the financial condition of
PARTICIPS. TING ENTITY or the State of Florida, which N'ATIONSBAN"K reasonably deems to be
material, NATIONSBA~xrK must discuss with the PART[C[PAT[N'G ENTITY and STATE possible
cures. If, after discussion, there is no mutual agreement as to actions to be taken, them
N'AT[0MS~IAN-e,~ has the right to terminate this AGREEM~'NT as [t ap.olios co such
P.-~.RTICIPAT[N'G E~',rrITY no ear[irt than 180 days afoot- deliver:,' of written' notice to the
PAP, T[C[PAT[NG ENTITY of [ts intent to exercise this right provided, however; if [~ART[C[PAT[NG
E~W'I'ITY is in default hereunder. ["q'AT[ONSBA~Ur,i may terminate pursuant .to 6.8. above.
Further-. in any event NATIONSdANK has the right to terminate this AGREEMENT with Or
without cause as it applies to a PARTICiPATiNG ENTITY no earlier than [$0 days att. er delivery
of wrii. ten nodc'e to such PARTICIPATING EN'I'[TY and STATE. or' in its entirety no earIier than
180 days after deIiveryof written notice to STATE. These rights of termination are in
'addition to NAT[ONSBA~¥k'S rights to termination set forth ia Section 6. hereof.
8. NOTICES. All notices shall be in writ/ag and shall be deemed duly given when
personally delivered or mailed, first class postage prepaid or via overnight delivery service to
the appropr/ate party at the address set forth below or at such other address as the parties
may inclicate from time to time in writing. Notices shah be sent to:
Attention: Commercial Card ..
Cred/t b[anager
2 Commercial Place
3ra Floor
Norfolk, VA 23510
STATE
Department of ~anagement Services
, Attn: STATE PROGI~%,f.~DNfI~NISTRATOR
4050 Esplanade Way, Room 160
Tallahassee, FL 32399-09~0
9. I~IIS CELLANEOUS
A. Financial Information. Each P.~RTIC[PATING EN~ITY shall deliver to
I'4'ATIONSBANIf as soon as available each year, a copy of its annuul linancial report and legally
adopted budget. NATIONSB~'cK a~rees to accept the Annual Financial Report of the
Comptroller of the State of Florida prepared pursuant to Section 21~. 109_, Florida Statutes,
and the General Appropriations Act for the State of Florida, as the only reports required
pursuant to this subsection A. from a PARTICIPATING ENTITY which is covered therein.
NATIONSBANK agrees to accept audited financial statements in lleu of an Annual Report from
a PARTICIPATIN~ 'ENTITY which is not covered by the Annual Financial Report of the
Comptroller of the State of Florida and a copy of the PARTICIPATING EN~ITY's legally adopted
budget.
B. Complete AGREEMENT; ~,Vaivers; Amendments. This AGREEMENT, the RFP and
NAT[0NSB.~',/ICs response, which are hereby incorporated by reference, constitute the
complete understandingbet~veen the parties with respect to the subject matter hereof and aU
prior oral or written communications and agreements with respect thereto are superseded. [f
there is a conflict among these documents the conflict shall be resolved by reference to these
documents in the following order: this AGREEMENT. the RFP and NAT[ONSBA~K's responses
to the RFP. No failure on the part of any party t,) execcise, =nd node[ayin exercising any
right under this AGREEMENT shall operate as a waEver thereo(] nor shah any s~n~[e or Part(al
exercise o~any righ~ under the AGREEMENT preclude any other or further execc~se thereo~or
the exercise of any other right. No alteration, amendment or modiHcat~on of any of the ter~s
and pco~s~ona of this AGREEMENT sha~ he valid unless made pursuan~ to an ins~rumea~ in
w~iting signed by both ot the par~ies. "
C. STATE Authority;. Compliance with Law. The execution, delivery and
performance of this AGREE~/ENT by STATE has been duly authorized by all necessary action
on the part of STATE. STATE or PARTICIPATIN'G E~N'TITY sh~'ll furnish to N.A.T/ONSBAN'K such
evidence of action and authority as 'NATIONSBAN'K may reasonably request prior to the
enrollment of a PARTICIPATING E~£TY. P.-ERTICIPATING ENT£TIES shall comply with all
applicable laws or ordinances in connection with the use of the ACCOUNTS including. Without
limitation, accessing cre..d,i,'t only up to the amount made available through respective
appropriations.
D. Successors and .~ssi~ns. All the terms and provisions of the AGREENtEN'f shah
inure to the benefit of and be binding upon the parties hereto and their respective successors
and assigns. This AGREEMENT, and all terms and conditions hereof, is not assignable or
transferable by STATE or P.4.RTICIP.~.TI,.N'G ENTITY, except that if a PA3~TICIPAT[,.N'G ENTITY is
merged with another unit of government which prior to the merger would qualify as a
PARTICIPATING ENTITY, such P.4.RTICIPATING ENTITY may continue to participate in the
PROGRA~I without prior consent of tqATIONSBA=N~f as long as the responsibilities under this
AGREEbrmNT transfer to the successor entity.
10, GOVERNING LA%¥. The validity, construction and enforceability of this AGREEMENT
shah be governed by the laws of the State of Florida (without Wing effect to the conflict of
law principles thereof) and by applicable federal law. Venue for litigation will take place in
the county where the headquarters of the PA-r~T[C[PATING ENTITY is located. Nothing
contained in this AGREE?,/E~T. the RFP or NAT[O~;SBA~'hTs response to the RFP shall be
construed to ]~mit '-N'ATtONSBA~'K's. the STATE's or a PARTiC[PAT[NG E~X;T£TTs rights which
would otherwise be available pursuant to federal law or regulations.
l l. APPROPRIAT[ON~ The State of Florida's o,' a PARTICIPATING ~NTITVs pccl'ormance
and obligation to pay under this contrac~ (AGREEbIENT) is contingent upon an annual
appropriation by the Legislature pursuant to Section 2S7.0582, F.S., or upon a duly
authorized appropriation being made on behalt'of a PARTiCIPATiNG ENTITY whose Opera~in~
budget is not appropriated by the ~sl~ture. Each P.MRT[CIPAT[NG EN~I~ shoe
immediately noti~ NATIONSBA~ in writ{rig in the event that the Le~slature or other body
responsible ~or such appropriations fails to make the necessary appropriation(s).
12. REPRESENTATIONS ,4.ND %VARR.a~N'Ti% The persons who sign this AGREEME,N~
represent and warrant that they are designated or author/zed to enter their respective
par~ies into a legally binding contract.
13. SHARED SAVINGS.
A. On a monthly b.~sis, N.-XTIONSB.-~.'VK agrees to pay STATE shared savings based on
N~,T I:~rRCH_,!.SI~ V'OLD'bIE. The shared savings will be an amount equal to .42% (42'basis
points) of iN'ET Pr, J'RCI-L~SE VoLLr~fl~ for the CALCLrI~TION PERIOD. Such payment shall be
electronically transferred to the ST.4.TE within 60 days after the end of such C.,~LCI.ILAT£OH
PERIOD according to instructions furnished by the STA. TE. N.-kTIONS]~.-~N"K also agrees to be
bound by the shared savings bonus clause in Addendum A.
B. STATE and NATIONSBA_N.'K ag-ret to further negotiate in good faith an acceptable
arrangement whereby the parties estimate the annual shared savings amount and permit
N.-kTIONSBA~NK to pay monthly to STATE and reconcile the difference on an annual basis with
the amount due 'a'~ a result of such reconciliation being promptly paid to the appropriate
party. It ia expressly a~reed and understood that the results of such further negotiations
may not result in an acceptable arrangement to both parties and therefore, the existing
payment provisions in this section 13.A. would not be amended.
14. COblbIENCEbEENTOF PROGR_-~'~t NATIOMsBA.¥K and STATE wi~ each use best
~o impleme~ the PROG~f for ~he Department of Banking and Finance and ~he Depar~mea~
ofb[anagementSe~ices by J.~ne 4, 1997.
This AGR£E.%fENTsha[! not be effective until accepted be[ow by NATiOMSBANK.
S[GNEDTHIS. 4 DAY OF February
STATE O~F FLORIDA DEPARTNfENT O F
~IA/~AG]9~[ENT SERVI C ES ·
By: (SZ~,) { ~ ~ ~
W~am H. ~ndner
~y~d ar ~nted N~m e)
Secreta~
,1997 BY:
APPROVED AS TO FORM AND
LEGALITY:
ACCEPTED THIS . 4 DAYOF
NAT~ONSBANK, N_4. (SOUTH)
February
,19,97 BY:
Thczras L. P~sa
(Tyl~d or l~rin ted
Senior 5mzkin~ E~ecutiw
(Title)
ADDENDUM A TO
NATIONSBANK PURCHASING CARD PROGRAM AGREEMENT
WITH THE STATE OF FLORIDA
TERMS
~ETT!;~MRNT
Settlement Time Frame
30 day billing cycle plus 14 days until
payment due date
Cycle Date
4th calendar day of each month or as
shown on a schedule agreed to annually
BfllingMethod
EDI NATIONSBANK initiated
Settlement Method
ACH - PARTICIPATING ENTITY initiated
Billing Account Type
Central
Payment Type
Central
OTHER F ~. ~..~
Unique Card Design
Rush Card Fee (~press Mail)
Late Payment Fee
Insufficient Funds Fee
Draft Retrieval Request
$ Not Apphcable
$9.00 per express mail package
Not to exceed s. 215.422, F.S.
$20.00
$3.00 per request when no
dispute
billing
A: Fi~i (2/02/97) Page 16 of 17
REPORT[NG OPTIONS
Paper Reports
No Cost
Statement B~ling FHe
No Cost
ED[ $1l
No Cost
N'ATIONSBANK Visa Desktop
Software
One time software/set up fee: No
Cos t
Monthly Data transmission (per end
point): No Cost
Custom Programming Cost: No Cost
Hours Programming at No Cost per
hour with additional Programming
at No Cost per hour.
Shared savings bonus. Should PARTICIPATING ENTITIES that process the/r payments
through the Department of Banking and Finance reach PROGR_4~¥I goals of at least the
fo[lowing: "'
· N'ot more than 1 occurrence of non-payment by Payment Due Date in a 12 month period;
° CumulativeAnnualPurchasingVolume: $340,000,000;
· NumberofCards: Less thang, 300;
· Average Transaction Size: $300; and,
· RoLl ou~ Timing/Rate: 12 months.
A 8h~red savings bonus of an amount equal to .15% (15 basis points) of NET PURCf{.-~SE
VOLU~,tE based on the entities referred to above shall be earned by the STATE to the extent
that NATIONSBA~'~K's bad debt credit losses due to non-payment by PARTICIPATING
E,'VrIT~ES do not exceed 1% (I00 basis'points) of NET PURCH.~SE VOLUBLE for such annual
period. The shared savings bonus will be calculated annually and paid within 60 days
after the end of the annual period consistent with section 13. of tkis AGREEMENT. The
annual period shall commence on June 1 and conclude on the following l%[ay 31 of each
year for purposes of the shared savings bonus calculations.
Renegotiation. If after June 1, 1998, NET PURCHASE VOLb.-~[E exceeds the cumulative
annual purchasing volume noted above, ~q'AT~ONSBA~K agrees to renegotiate the shared
sav~ngs bonus for subsequent annual periods. It is expressly agreed and understood that
the results of such further negotiations may not result in an acceotab[e arrangement to both
parties and therefore, the existingshared savings bonus would noi be amended.
Page tTof [7
AGENDAITEM NUMBER:
AGENDA REQUEST
Request to be placed on: July 25, 2000
Date: June t9, 2000
XX Consent Agenda Special Agenda __ Workshop Agenda
When:
Description of agenda item:
Approve award to Nations Bank for the pumhasing card for the City of Delray Beach via the
Florida State Contract Agreement #4-973-120-W.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve award to Nations Bank for the Purchasing Card via the Florida State Contract Agreement
#4-973-120-W. There is no cost to the entities for the paper reports, statement billing, sofware
set up and programming.
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 No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: ~ ~.~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
(if applicable)
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
MEMORANDUM
Robert Barcinski, Acting City Manager
Jacklyn Rooney, Purchasing Supervisor
Milena L. Walinski, CGFO, Acting Finance Director
July 20, 2000
DOCUMENTATION - CTIY COMMISSION MEETING
JULY 25, 2000 - APPROVAL FOR PAYMENT
TO TREE LINE SALES FOR REFURBISHMENT
OF BUCKET TRUCK -VEHICLE #714
Item Before Commission:
City Commission is requested to approve payment for the refurbishment of Vehicle #714 -
Bucket Truck - to Tree Line Sales at a total cost of $26,459.92.
Background:
The City Garage needed repairs to be done on the City Vehicle #714, which is a 1987 (Ford F-
700 Chassis) Bucket Truck (mileage at 40,000), as the vehicle did not meet safety requirements.
The repairs included refurbishment of boom and bucket, rotation of motor and inspections
required by the Federal Government.
Federal Government Law requires that the boom be inspected and refurbished at a minimum
when truck is 15 years old and the vehicle is required to be replaced at 25 years. The City staff
through a regular maintenance work determined at the very least that the boom had to be rebuilt
as it was unsafe. The proposed price to replace this vehicle was $95,000. However, after
management review, the City decided to refurbish the vehicle as it was determined the vehicle
could last another 5 - 7 years if refurbished.
Tree Line Sales is a sole source vendor (Orlando) authorized to do this type of work. Work has
been completed based on safety considerations and operational needs.
Recommendation:
Staff recommends approval of payment to Tree Line Sales for a total amount of $26,459.92. for
the refurbishment of Vehicle #714. Funding from account code 501-3312-591-64.21 (Vehicle
Restoration).
MEMORANDUM
RECEIVED
CITy ~,~.,. ~ £
'v,,~mAGER
Froml. 7o
Date:
Subject:
Robed A. Barcinski, Assistant City Manager
Bill Daffy, Fleet Maintenance Service Coordinator
March 31, 2000
BUCKET TRUCK, V#714
Attached you will find a letter from Altec Industries, Inc. stating that they will not
do the mandatory rebuild on our Asplundh bucket truck. Mr. Roy Fisher, (Altec
service department), recommended that we call A1 at Tree-Line Sales and Service,
Inc. This is the only company that Altec or Tree-Line knows will do the rebuild. I
have enclosed an estimate on a base rebuild by Tree-Line for the Bucket portion
only. In addition to the bucket referb there would be a number of items needed to
referb the cab and chassis. A list of a few of the major repair needed are; repair or
replace two front fenders, replace broken grille, repair both front doors, replaced the
overhead platform due to excessive rust, repair numerous leaks on the engine and
transmission, replace front and rear leaf springs and bushings, repair or replace
several interior items such as seat, floor covering and door panels, and repaint entire
truck. Between the base rebuild of the bucket ~ $18,500.00 and approximately
$7000.00 on the cab and chassis, we are looking at rough estimate of $25,600.00.
T~i~.~..-LINE SALES & SERVICE, ][NC.
4~ N. R~N'SLL15 Dp~
TAMPA. FL ]3614-6416
~ (813) 877-1~1
F~ (813) 872-7627
INVOICE
INVOICE NUMBER: 14780
INVOICE DATE: 7/12/00
PAGE: i
I SOLO TO:
City of Delray Beach
~.hi To'
P.02
714
1.00 BH010O
1.00 BHB101
1.00 820-3435-73
1.00 020-2843-97
1.00 820-2615-52
2.00 024-0025-22
1.00 82i-0348-69
1,00 821-0283-58
4.00 818-0600-GR
2.00 906-0406-30
2.00 907-1006-00
8,00 906-0408-24
8.00 907-0408-00
1.00 821-0283-57
4.00 04g-0023-21
1.00 045-0019-32
1.00 022-0230-32
1,00 023-0324-21
2.00 023-0006-21
4,00 025-0075-21
Freight To Tampa Shop
Freight Back To Delray Beach
10 Gallon Pump S~-al
10 Gallon Pump Bearing
10 Gallon Pump Shaft
O.P Sp£it Bearing
Top & BUBC Kit (l-40, LC, LR)
Cylinder Locknut, 87821-0157
Gresen Holding Valve,
87925-0052
SBC~ 3/0-16 x 3-3/4 ~D PL,
87906-0244
Hex Locknut 3/8-16 CD PL
SHCS, 1/2-13a3-1/2
H~x Locknu%, 1/2-13 CD
0790-700)6
Locknut. 87821-0156
Bearing. 87045-0023
Anchor Pin
Anchor Pxn~ 8?022-0238
Pivot Shaft, 87023-0324
B~aring, 87023-0006
~otainer Pin. 87025-0075
775.00
775.00
15.97
33.20
177 32
95.00
84.39
81.47
183.66
12,47
0.14
8.67
1,83
27.87
24.29
119.45
93.31
138.28
25.78
5.82
Subtotal
,~1~ Tax
F~eight
Total Invoice Amount
Payment R~-c'~ived
775.00
?75.00
15.97)
33-201
177.32~
190.00~
84.39~
81.47,a
734.64
24.94
0.28
$3,36
14.64
27.87
97.16
119.45
93.31
138.28
C°ntinu~l'
Con t inull
Continu _e~t
DELRAY
CENTRAL GARAGE 561 2?2 5~66
'I'I~LINE SALES & SERVICE, INC.
4808 N, RENELI~. DI~.
TAMPA. FL 33614-6416
TEL (81]) 8T/.1921
lAX {$1]) 872-76~7
INVOICE
INVOICE NUMRER: 14780
INVOICE DATE: 7/12/00
PAGE: 2
,~OLD TO;
Ci{y of Delray Beach
5hJ
TO'
2.00 906-1010-08
1.00 821-0283-58
1.~0 821-0348-69
1.00 CH210D
4.00 906-0405-14
2.00 023-0021-31
1.00 031-0190-10
1.00 031-0190-08
4.00 808-0019-00
2.00 821-0307-82
2.1]0 026-0244-21
4.110 GH3232
2.00 KB3125
;'.00 KB5289
2. 0
2.10 KB3312
· KBS220
2.00 KB0163
8-40 818-1100-36
475.00 9~7-0006-02
SSS 5/8-11 × 1 Full I)o9
Cylinder Locknut. 87821-0157
Top & BUBC Kit (I-40, 1C, LR)
Cyl. Rod Rechro,e
S~CS 5/16-18 x 1-3/4 CD PL
Drive Cable. lB-50,
87023-0021
Roller Chain, 87100-2035
Roller Chain. 87925-0006
Connecting Link, 80-1,
87808-00Z3
Cylinder Kit. 87821-0183
Basket Shaft Bearing
1/2 x 3 Tap Bolts
I~arin9 Cone
Bewaring Cone
Bearing Cup
P,~arin9 Cup
Seal
Dukes Seal Kit. Spool,
87818-0306
3/8' )Ion-Conductive
Hydraulic Bose, 879S7-0008
g.02
81.47
84.39
307.10
256
261.50
152 62
112.95
2.43
61.41
22.65
1.50
39.$7
53.80
16.83
15.20
7.32
7.90
2.22
Subtotal
Saio= Tax
F~eight
Total Invoice Amount
18.0
81,4~
84.3
307.1
523.0
112.9~
122.8~!
s. osI
79.1¢~'l
lo .eO .
33.6e~
30.4~
63.21
1.054.5
TREE-LINE SALES & SERVICE, INC.
TAMPA, I=L 3Xd 4-6416
1FA, (81]) 877-I~2~
FAX (813) 872-7627
ISOL > TO:
¢i[y. of Deh-.ay Be~ch
To'
INVOICE
INVOICE NUMBER: 14780
INVOJCE DA'¥E: 7/1Z/O0
PAGE: 3
049041 714
Net 30
300 0
65.~0
18,
28.
2.
12.
26.
1
1
4 0
4 0
4 0
15. 0
1. 0
957-0004-02
957-0008-02
10655-6-4
10655-8-6
10655-8-8
801-0043-00
001-0038-00
025-0075-21
GHLEEN
906-1210-24
907-0408-01
802-0026-00
049-0253-21
906-0310-18
908-0210-00
900-0110-00
3H-AU46
KN0213
1/4" Non-Conductive
Hydraulic Ho~e, 87957-0006
1/2" Hydraulic Hose,
87957-0010
Crimp-On Fitting, 3./8"-1/4"
Crimp-On Fitting. 1/2"-3/8"
C~imp-On Fitting, 1/2"
Expando $1e~vin9 1-3/4" Ble~k
Spirap, 1/2 Blk. 87801-0081
Retainer Pin. 87025-0075
Spray Klean
Shoulder Screw, 5/8 x 3 CD
PL, 87906-0390
Hut, Locking. 1/2-13
Ovala%ad, 02039-1410
Filtor El~mant
Tank Gasket
HHCS 5/8-11 x 2-1/4 GR8 CD PL
Lock Uashe:, 5/8 ZN PL,
87908-0044
Flat Washer 5/8 USS ZN FL
Mydraulic Oil
CIGar Silicon~
1.58
3.68
3 .SO
4.00
5.00
3 82
0.62
5.82
7.95
26 32
1.52
11.54
8.23
1.77
0.20
0.22
7.52
,5.30
Subtotal
Sales Tax
Freight
Total Invoioe Amount
Payment R~c~ived
239.2~
~3.0'
112,01
lo.o
23.28
7.9!
~6.3
8
7.0{
0.8{
112
5.3(
18 :01 A~I DELRA¥ OENTRAL ~ARA~£ 561 2~2 5~66
TREE-LI2NE SALES & SERVICE~ INC.
4~0~ N. KENFA.L}E DR.
TAMPA. FL 33614.6416
T"~L ($13) 877-1921
INVOICE
INVOICE NUMBER: 14780
INVOICE DATE: 7/12/00
PAGE: 4
) TO:
;y of Delray Beach
040041 714
~et 30
4 ;O 906-0310-20
4 10 907-0410-00
1 l0 801-0076-26
! ~0 KM0213
I ~0 KMBSO8
! ~0 HHZ00!
0 18 801-0004-00
I ,O ~GSSgG
0 0 MG590G
O.!O MG400O
2.(0 026-0947-21
2.{0 026-0610-21
2.(0 026-0612-21
1.( 026-0634-21
1.( 026-0621-21
1. 026-0615-21
1. 025-0353-03
HHCS 5/8-11 x 2-1/2 GR8 CD
FL, 87906-0167
Hox Locknut, 5/8-11 CD PL,
87907-0039
I~ ~rie~ Manual, B7001-0197
Clear Silicone
~alf Moon
l~ Sea! Kit
Chemglaze Sold Per Quart
Fleet Uhite
~odiu, Reducer
G~ay ~ealer
Lower Boom Knob~ LR or
Old Part ff026-0613-2l
Upper ~m Knob LR or
Rotation Knob All Series
Hyd. Stop Knob, 87026-1362
HFdrualic Tool K~ob
87026-0621
Override Knob L, IR or LA
Hose Shield - Outer Fivot,
l's. iR's, Replaces
025-0070-23. Fibergla$~
Subtotal
~ale$ Tax
Freight
Total Invoice Amount
1.B0
3.09
38.62
5.30
1.98
53.62
32.32
47.50
16.46
46.10
10.95
6.42
10.95
5.10
84.34
12,3{
38,6
$3,6:
8
23.0,=
21.S(
12.84
~4.34
~0~
C~
TREE-LINE SALES & SERVICE, INC.
~ N. RJEN'F! { !E DR.
TAMPA. FL 336{4-6416
'TEL (8{3} 877-192{
FAX i8{3) $72-7(~27
)
L¥ of Delra~ Beach
To:
INVOICE
INVOICE NUMBER; 14780
INVOICE DATE; 7/12/'00
PAGE: 5
1:04D041
714
~et 30
. Cust. Pickup
8~il/O0
1.1
14,1
1.!
l.l
1.(
1.l
1
1
1
1.1
1
025-0189-21
907-1006-00
AE2237
0 971-0001-02
0 971-0001-08
971-0001-05
670-40208
0 025-0020-22
0 O25-0021-22
0 MISC.
0 025-0102-23
0 025-0099-22
0 025-0097-23
O OZS-OO96-Z3
0 023-0464-23
0 023-0466-23
18 023-0465-23
;0 B01-001Z-PH
87100-1361
Clear End Plate (OP End?
Hex Locknut 3/8-16 CD PL
50KV Liner, 24x24~40
Decal, Beware, 87971-0002
Decal, Beware, 87971-0003
Decal, Caution Decal,
87971-0005
Placard, Danger, Body Belt
EEI
92" Boon Cover, 87025-0020
68' Boom Cover, 87025-0021
Misc. Materials
Hose Cover
Hose Shield
Shaft Shield
End Cover (Helmet).
87025-0096
Lower Levehn9 Cover (Flat)
Upper Leveling Cove~ (Hump),
87023-0466
Center /Leveling Cover
White Boom Tape
18.28
0.14
430.66
1.48
1.4S
0.78
4.28
124.68
101.1z
3.00
97.80
71.43
85.33
88.00
182.97
214.80
152.08
19.95
Subtotal
Sales Tax
Freight
Total Invoice Amount
430.6
0.?
101.11
3.0(
97.8(
85.3~
88,0(
182.9;
214.8{
152.0{
19.9{
JUL-19--00 10:02 AM DELRA¥ CEHTRAL GARAGE 561 2?2 556G P.O?
TREE-LINE SALES & SER¥][CF.~ liNC.
4808 N, REhqq ] n: DR.
TAMPA, FL 33614-6416
TEL (813) 877-192]
FAX (813) g72-7627
$O~O TO:
Ci{t¥ of Delray Beach
Shi To
.04D041 714
INVOICE
INVOICE NUMBER: 14780
INVOICE DATE: 7/12/00
PAGE: 6
Wet 30 Days
1 0 GP1370
I 0 N07894
1.90 821-0348--92
I 0
I 0
1
1
Cable Lubricant
SHP Tube Greaee
Lower Boo~ Cyl Kit.
8782-10216
Sub-total Parts: $$715.41
Freight, Parts
Di-~lectric Test
Labor
1. Aerial d~vice inspection.
r~pairs, and di-electric
test performed accordin9 to
quotation no 0331 Please
re~er to quotation £or a
complet~ list o£ work
porformed
NOTE:
a) While performin9 Item #4,
was disassembled and
resealed. This was not in
original quote.
5.30
4.74
66.G5
57.01
400.00
125.00
16.162 S0
Subtotal
Sales Tax
Freight
Total Invoice Amount
TOTAL DUE
5.2
57.01
400 mO(
12s.0C
16,162.S~
Continu~
Oant inue~
10:~ AM DELRAY CENTRAL GARAGE 561 272 5366
P.88
TREE-LI]VE SALES & SERVICE, INC.
48O8 N. R~t'~J_LE DR.
TAMPA, FL 33d{.~{6
FAX (8! ~.{ 872-7~2~
SOLID TO:
Cl{ty ef Deltaic Beacl:
Shi To:
INVOICE
INVOICE NUMBER: 14780
INVOICE DATE: 7/12/00
PAGE: 7
P.OO
.04D041
714
Cus~. Pi~ku
Her 30 iD~y~
~13, cylinder rod had to be
rechroaed. Hot in oriFinal
quote.
c) ICe, ~kl did not have to
be performed.
d) Item $27 vas zeDalxed.
not replaced.
2. Tested all el the repairs
~rformed in operation,
tested OK et thi= time.
LR-50, Serial ~87-0877
Th~n~ You ~or ¥ou~ Business
Check
Subtotil
S~les Tax
Freight
Total Invoice Amount
Payment Reeeiv~
TOTAL DUE
26.459.~2
$26.459192
o.o6
926.45992
M MORANDUM
I
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
~Robert A. Barcinski, Assistant City Manager
July 20, 2000
Agenda Itemc~-~' City Commission Meeting July 25, 2000
Special Event Request/Kung Fu Conservatory
ACTION
City Commission is requested to endorse a fund-raising event sponsored by the Kung Fu
Conservatory of Boca Raton on July 29th from 4 p.m. to 9 p.m., to grant a temporary use
permit per LDR's Section 2.3.6 (H) for the closure and use of S.E. 2na Avenue, from the
south end of S.E. 1st Street to the 2na parking lot entrance south of the Milagro Center, to
approve staff support for security and traffic control, small stage use and setup, and street
barricading, and consider waiving overtime costs.
BACK GR 0 UND
Attached is a letter received from Dianne Levitt with the Kung Fu Conservatory
requesting approval of this event and staff support. The applicant is requesting a waiver
of overtime costs. They propose to have music, a dance show, a Kung Fu demonstration,
food and beverage, a magic show, and dancing. Funds raised will be used for granting
scholarships to take Kung Fu lessons. The event sponsor has agreed to provide event
management, restroom facilities, and trash clean up services. Estimated overtime for the
event is $500, of which $400 is for Police overtime. Stage setup and barricade setup will
be done on overtime. Stage removal will be done on regular time. Barricades will be
removed after the event by Police Officers and picked up Monday.
RECOMMENDATION
Staff recommends consideration of event approval, temporary use permit, and staff
assistance as requested, contingent upon the event sponsor providing a certificate of
insurance, a hold harmless agreement, and paying ail overtime.
RAB:kwg
Attachment
File:u:graham/misc
Doe.:Agenda Item Kung Fu Conservatory
THE KUN~ FU COHSERVATORY 5612660099 P.01
Tlil~ KL1NO i~U CONSERVATORY
471 Pl. Federal Highway, Boca Raton, FL 33432
(561) 567-7788 · fax (561) 266-0099
July 20, 2000
Robert Barsinski
Assistant City Manager, City of Delray Beach
100 PlW 1st Avenue
Delray Beach, I~orida 33444
Dear Bob:
This is a revision of my first letter to you requesting provisions for our event at Milagro
Center, 101 SE 2nd Avenue on July 29th at 4 p.m.
1. We would llke to close SE 2nd Avenue, both sides, from the south side of SE 1st
St. to the south side of the second Milaflro parking lot. We request that you waive any
fees In supplying and setting up the appropriate barracades.
2. We request containers and bags for trash and a waiver of any related fees.
3. We request that two Delray Beach police officers be present for security, and
request that the City waive any fees for salaries.
4. We request the small Parks & Recreation stage be placed on the east side of the
first (southernmost) Mfiagro parking lot, that its front face west, and that any fees for
set up and use be waived.
5. We request a waiver for consumption of alcohol. Milaflro will have the proper
license for any sale thereof.
Again, if there are any other issues we need to address, please call me at the above
number or at (SBI) 289-0070 on my cellular phone.
Thank you again for your help.
cc: Lt. Geoff Williams
TH£ KUN~ FU ¢ONSERYATORY 5612660099 P.01
TIII~ KUN~ FU CONS~I~VATOI~Y
471 Pi. Federal Highway, Boca Raton, FL 3D432
(,561) D67-7788 · fax (,561) 266-0099
aai~ ~4, 2ooo
A~istant Gity Manager, City of Delray Beach
100 NW 1st Avenue
Delray Beach, Florida 3~1~4
Thank you for your prompt attention to my request regarding running an event at
Mllagro Center, 101 SE 2nd Avenue on July 29th at 4 p.m. This event commemorates
the moving of The Kung Fu Conservatory at Mllagro's northern Delray location to the
Mllagro Center headquarters at the end of August. This party/fundraiser is expected to
facilitate and include the neighborhood as well as supporters from the surrounding
I have planned the following events: live music outside in first south parking lot, dance
lessons, professional dance show, a kung fu demonstration, dancing in the streets,
balloons in second south parking lot, food and drink inside and out, magic show
5,
We will be taking care of our own trash and request containers and bags only.
We request to clo~e ~econd Avenue from the north side of SE Ist St. to the
north side of SE 2nd ~reet from the west side of Second Avenue to the tracks.
We request two Delray Beach police officers for security.
We request the small Parks & Recreation stage to be placed on the east side of
the northernmost parking lot facing west.
We request a waiver for consumption of alcohol whose permit Mllagro will be
responsible for obtaining.
If there are any other Issues we need to address, please call me at the above number
or at (561) 289-0070 on my cellular phone.
Thank you again for your help.
Sincerely yours,
Diane Levitt
THE KUN~ FU CONSERVATORY 5612660099
P.02
rITY OF DELRI:IY BEACH
NI-AmericaCity
1993
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000
MEMO DUI
TO:
FROM:
David T. Harden
City Manager
Aobert A. Barcinski
ssistant City Manager
DATE: July 17, 2000
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING JULY 25, 2000
SPECIAL EVENT APPROVAL - 4'" ANNUAL GODZILLA, SUSHI, AND
HOT BIKES FESTIVAL
ACTION
City Commission is requested to endorse the 4t~ Annual Godzilla, Sushi, and Hot Bikes Festival
to be held on October 8, 2000 from 10:00 a.m. - 6:00 p.m., to grant a temporary use permit per
LDR Section 2.3.6 (H) for the use of Railroad Avenue from Atlantic Avenue to N.E. 1" Street, to
allow street pole banners to be placed on Atlantic Avenue more than one week before the event
per LDR's Section 4.6.7(D)(3)0)(ii), to permit the use and set up of the large City stage at 50% of
the rental cost, and authorize staff assistance for street barricading and police security.
BACKGROUND
Attached is a request from Michael Weiner for this event. The event sponsor will provide site
clean up, will provide port-a-lets, and will set up and take down barricades on Railroad Avenue
based on City staff drawings. No overtime will be needed for barricading. Police security (8
hours) will be provided at an estimate of $170.00.
The event sponsor has agreed to pay 50% of the large stage rental costs of $1,590 plus tax, as
they did last year. The stage can be set up with regular hours on Friday and taken down on
Monday. Per Mr. Weiner, if the sponsor realizes a profit, it will be split 50/50 between Old
School Square and the Morikami Museum.
ACTION
Staff recommends endorsement of the event, the temporary use permit, authority to hang banners
no earlier than September 25th, approval of stage use at 50% of the rental fee, and authorization
for police security assistance with the event sponsor paying the overtime costs. Staff
recommends that the approvals be contingent upon the receipt of a certificate of liability
insurance and a hold harmless agreement.
P,~d~/tas
File:u:sweeney/agenda
Doc:godzilla 2000
THE EFFORT ALWAYS MATTERS 9. d.
I~ECEIVED
JUN
CiTY MANAGER
MICHAEL S. WEINER
CAROLE J. ARONSON
OF COUNSEL:
SUSAN C. RAY
LL.M., Estate Planning
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A,
Florida Bar Board Certified Real Estate Lawyer
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
June 15, 2000
Delray Beach, Florida 33444
Phone:(561) 265-2666
Fax: (561)272-6831
E-mail: delraylaw@bellsouth.net
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. Ist Avenue
Delray Beach, Florida 33444
Re:
Godzilla IV Japanese Motorcycle Festival
Our File No.: WMSP032
Dear Mr. Harden:
The purpose of this letter is to formally request city approval for the Godzilla IV Motorcycle
Festival to be held at Ocean City Lumber Company on October 8, 2000. We would like to hold the
event on the same terms as it was held last year. Our major sponsor is Power Sports of Delray.
This is their third year as sponsor of the event.
We are pleased that their civic involvement goes hand-and-hand with their contribution to
the revitalization of the North Federal Highway area. I know they have plans for future expansion
which will mean that other vacant properties will be returned to use providing for jobs and
commercial activities.
We will of course provide insurance as we did last year. I am writing you early since I know
these kinos of requests have grown m number over the years.
Tha~nk you very much for your consideration.
can be p,,!a'ce~upon the agenda.
cc: Mrs. Marjorie Ferret
Power Sports of Delray
Attn: Mr. Manny Ordonez
O:\WMSP032\hARDE N,J 15.wpd
I am sure you will let me know when this item
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
obert A. Barcinski, Assistant City Manager
July 17, 2000
Agenda Item City Commission Meeting July 25, 2000
Special Event Request "The Celebration of Columbus Day"
Action:
City Commission is requested to endorse the 1= Annual uCelebration of
Columbus Day~' sponsored by the Order Sons of italy in America Lodge #2719 to
be held on October 12, 2000 from 5PM until 11PM, to grant a temporary use
permit per LDR's section 2.3.6 (H) for the closure of South Ocean Boulevard (A-
l-A) from 3PM until midnight from the south side of Atlantic Avenue to the north
side of Miramar, to approve staff support for traffic control and security, stage set
up and removal, trash cleanup, barricade set up and removal, and detour signs,
to authorize the opening of the Marriott, Sandoway and Ingraham lots until
midnight, and to consider waiving all overtime costs.
Attached is a request for this event submitted by Mr. William Fuocco and Mr.
Edward Mottola Co-chairs for this event. The event is being supported by the
Joint Venture as well as the restaurants located in the event area as part of the
Heritage month celebrations. The event sponsors are requesting support for the
event, road closure, and staff assistance as outlined. The sponsor would be
responsible for obtaining and paying for portalets. The estimated overtime cost
for staff supper is approximately $1,500.00.
i have made the Beach Property Owners Association aware of this proposed
event and attached is a letter received objecting to this event at this location, with
a recommendation that it possibly be moved to a City park. I have discussed the
possibility of moving the event to Veterans Park with Marjofie Ferret and City
staff. The event sponsors are willing to make this change. The Veterans Park
location would reduce staffing needs. The estimated overtime costs at this
location are $900.00.
AGENDA R~QUEST
THE CELEBIL~TION OF COLUMBUS DAY
PAGE 2 OF 3
I also discussed the possibility of combining this event with Global Fest.
However, in discussions with the Joint Venture, the purpose is to celebrate
Columbus Day on October 12, 2000.
Staff has concerns about adding another event in terms of staffing and overtime
funding. Events scheduled to date in October include:
October 7 - AARP Walk South Ocean (sidewalks)
October 27 - North American Corporate Games Opening Ceremonies
(Tennis Center) (Parade on Atlantic Avenue)
October 28 - AVDA 5k Walk South Ocean (sidewalks)
Proposed events in October to be reviewed and considered for approval
are:
October 8 -
October 14 -
October 19 -
October 21 -
Godzilla, Sushi Hot Bikes (Ocean City)
5k walk on Atlantic Avenue MADDADS
Art and Jazz on the Avenue (Atlantic)
Global Fest (to be submitted)
Recommendation:
Staff recommends considering denial of the event at proposed site. However, if
Commission wishes to approve the event, we recommend it be held at Veterans
Park. Recommend approval be contingent on receipt of an Liability insurance
certificate, and hold harmless agreement and the event sponsor paying all
overtime.
RAB:ags
Attachments
File:Sweeney/agendas
Doc:Columbus Day Ce~ebration 7/19/200
~r. Robert A. Barcins~ Assis*_snt City Managaer / ? ~ ~'"~'/~'~.,~./~,.,
C,ty of Ddmy Bench 1'* Avenue
100 N.W.
Ddruy Beach, lq. 33444
RE: AGENDA ITEM - FOR CITY COMMISSION MEETING
SrE¢ . EVENT REg ST
The following r~ln~t is snhmitt~.~l from the Colnmhu~ 11~ ltalin~ F~ta
Committee, working in conjunction with the Joint Venture for the City
Commission to endorse this special event which will be held on Thursday,
October 12, 2000, from 5:00pm to 11:00pm on State Road AIA, from Atlantic
Avenue South to Miramar.
William G. Fuoco
Edward Mottola, Jr.
We are requesting that the City of Delray Beach make the following available:
City parking lots on A1A (Marriott, Sandoway and Info,ham lots) be left open
for the public use during this event. A City staff support for cleanup and trash
removal. A 16' x 20' uncovered sta~e which will be set up at the intersection of
Atlantic and AIA. That the City supply police security for this event. We
further request the City support of this event with no charge to the Committee,
as this is crucial to the success of this event.
Your consideration and cooperation for this event is very much appreciated.
Sincerely,
Edward Mottola, Jr., Co-Chairman
300 South Ocean Blvd., Delray Beach, Florida 561-278-9936 Fax: 561-883-0199
'i~ July 1, 2o00
~M.r. Robert A. Barcmski, .... Assistant C~ty Manager
· . ,-~JJ, City of Delray Beach
//'. 100 N.W. 1'~ Avenue
Delray Beach, FL 33444
RE.--PORTABLE TOILETS - COLUMBUS DAY FESTA
This letter will serve as notification to the City of Ddray Beach that should our
request to hold a Columbus Day Festa on October 12, 2000 be granted, we will
be utilizing Delta Waste Corporation, 411 Tall Pines Road, West Palm Beach,
~ Florida to supply portable toilets for this event.
William G. Fuoco
Edward Mottola, Jr.
Sincerely,
Edward Mottola, Jr., Co-Chairman
300 South Ocean Blvd., Delray Beach, lqorida 561-278-9936 Fax: 561-883-0199
BEACH PROPERTY OWNERS'
ASSOCIATION, INC.
% P.o. Box 375
~ ~'~"~' - DELRAY BEACH, FLORIDA 3.3447
July 7, 2000
JUL 1 u flfl
Mr. Robert A. Barcinskl
Assistant City Manager
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Florida
CITY i~At,~ AG ER
Dear Mr. Barcin~ki>
The Board of Trustees of the Beach Property Owners' Association (BPOA) has asked me
to convey to you its appreciation for your forwarding copies of the "Delray Beach Calendar of
Events and Activities". We also received the request by the Sons of Italy to hold a Col -umbus Day
celebration involving closure of South Ocean Boulevard. The Board also asked me to convey our
organiTatio~opposition to the Columbus Day celebration as proposed.
Our first concern is closure of South Ocean Boulevard. Experience has shown us that thig
will result in extended travel times, not only for our residents, but also for anyone else using thi~
major artery. The ~mple fact of disruption of normal routing is compounded by the confusion it
causes. The impact on emergency vehicles is of particular concern to many of our members. The
existence of plans to "work around" the traffic disruption is laudable, but does not alter the fact
that emergency response times will be degraded.
Additionally, the heavy voh~me of traffic is diverted into the adjacent residential
neighborhoods on narrow side streets that are not designed to handle such loads. Drivers
tmfamillar with the neighborhood will become frustrated, leading to driving bordering on reckless.
Since few of our streets have sidewalks, increased two-way traffic flow increases vehicle-
pedestrian incompatib'dity, particularly when two large trucks need to pass each other. Apart
fxom safety concerns, the additional traffic, including a siEnificant volume of truck traffic,
undeiani~es residents' quite enjoyment of their homes.
In addition to traffic issues, the BPOA also finds the proposed waiver of alcohol and noise
ordinances objectionabl%given the length of the proposed celebration. Alcohol in the streets will
only serve to increase the noise level October 12, 2000 is a weelmight. In our view, 11:00 PM is
far to, late for the generation of loud music and crowd noise that will inevitably be transpmted into
adjacent residential neighborhoods. Further, past special events have shown that the official
closing time is only a prelude for clogged and noisy traffic conditions throughout the adjacent
neighborhood meets occasioned by participants attempting to leave.
A CORPORATION NOT FOR PROFIT
Page - 2 -
Robert .sc Barcinski
July 7, 2000
The BPOA is sympathetic to the concept of a Cob~mhus Day Celebration, as it is to all
celebrations of the diversity that makes Delray Beach so vi'brant. Nonetheless, there is no
compelling justification for disrupting the traffic flow of a major a~ery and disturbing the
tranquility of our neighborhoods. South Ocean Boulevard is not a traditional site of longstanding
for this celebration. Nor is thig location in any sense a "Little Italy". There is no extraordinary
concentration of residents of Italian descent. Nor does the presence of one Italian restaurant
create a ~!fficient link to Italian culture that would warrant sinEling out the neighborhoods of this
area for the adverse impacts that a late night street festival will entail. Neighborhoods on the
Beach are already affected by oumerous special events. The BPOA respectfully suggests that the
City offer one of its larger parks as the venue for this celebration. This would avoid many of the
problems discussed above.
Please incorporate this letter into the backup materials prepared for the City Co,,--,g~on s
decision on this ~vent.
Sincerely,
Vice President - Government Relations
Beach Property Owners' Association
MEMORANDUM
TO:
MAYOR AND CITY COMMISSIONERS
FROM: ~ITY MANAGER
SUBJECT: AGENDA ITEM ~./9. - REGULAR MEETING OF JULY 25. 2000
BID AWARD FOR PLUMBING SERVICES AND REPAIRS ANNUAL
CONTRACT
DATE: JULY 20, 2000
This is before the City Commission to consider awarding the bid for the plumbing services and
repairs annual maintenance contract to Stokes Mechanical Contractor Inc. as the lowest responsible
bidder. It is on the regular agenda because the recommendation is to award to the second low bidder.
Two bids were received for the contract. Bishop Plumbing Company was the apparent low bidder at
$12,856.00. The second low bid was $15,960.00 from Stokes Mechanical Contractor, Inc.
Staff recommends against awarding to the low bidder, Bishop Plumbing, as Public Works has had
several unacceptable experiences with this contractor as outlined in the attached material. In view of
this, the recommendation is to award to Stokes Mechanical Contractor as the lowest responsible
bidder.
Recommend approval of the bid award for the annual plumbing services and repairs contract to
Stokes Mechanical Contractor, Inc. in the estimated annual amount of $15,960. Funding will be from
various departmental operating budgets.
RefiAgmemol4.Bid Axvard. Plumbing Services & Repairs
AGENDAITEM NUMBER: ~'~'
AGENDA REQUEST
Request to be placed on: July 25, 2000
Date: June 19, 2000
XX Consent Agenda Special Agenda __ Workshop Agenda
When:
Description of agenda item:
Approve award of Bid #2000-30 - Plumbing Service and Repairs to second Iow bidder, Stokes
Mechanical Contractor Inc., for an estimated annual cost of $15,960.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve award to second Iow bidder, Stokes Mechanical Contractor Inc., for annual contract for
plumbing services and repairs at an estimated annual cost of $15,960, per Bid #2000-30.
Funding from various departments operating budget (FY 2000 and 2001).
Department Head Signature:~/~.~/~.C ~,F/~
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on~l items involving expenditure of funds):
Funding available: Yes/ No
Funding alternatives: (if applicable)
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO: David Harden, City Manager
FROM:tN,, V'~'~fklyn Rooney, Purchasing Supervisor ,~
THROUGHB"Milena L. Walinski, CGFO, Acting Finance Director
DATE: July 19, 2000
SUBJECT:
DOCUMENTATION - CTIY COMMISSION MEETING
JULY 25, 2000 - BID AWARD - BID #2000-30
PLUMBING SERVICE AND REPA1RS
ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve award to Stokes Mechanical Contractor, Inc. for the
annual maintenance contract for plumbing services and repairs at an estimated annual cost of
$15,960.
Background:
The Public Works Division has a need for an annual service and maintenance contract for
plumbing service and repairs for various City buildings within the City of Delray Beach.
Bids were received on June 27, 2000 from two (2) contractors all in accordance with City
purchasing procedures. (Bid #2000-30. Documentation on file in the Purchasing Office.) A
tabulation of bids is attached for your review.
The Deputy Director of Public Works and Building Maintenance Superintendent recommend
award to low second low bidder, Stokes Mechanical Contractor Inc., as stated on the attached
memo dated July 06, 2000.
Award recommendation was not made to low bidder, Bishop Plumbing Company, as Public
Works has had several unacceptable experiences with this contractor as outlined in the attached
memo dated July 06, 2000.
Recommendation:
Staff recommends the award to low responsible bidder, Stokes Mechanical Contractor, Inc. at an
estimated annual cost of $15,960. Funding from various departments operating budget. (FY
2000 and 2001)
Attachments:
Tabulation of Bids
Memo From Deputy Director Public Works
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Jackie Rooney, Purchasing Supervisor
Hoyt Owens, Deputy Director Public Works ~
July 6, 2000 f
BID #2000 - 30
PLUMBING SERVICES AND REPAIRS
ANNUAL CONTRACT
I have reviewed the subject bid documents. The low bidder, Bishop Plumbing Company, is the current
primary contract holder under BID # 1999 - 30. Unfortunately, Public Works has had several unacceptable
experiences with this contractor during the last year, as follows:
· Installed a water line on the exterior north wall of the tire shop that had to be SeCured in a more
substantial manner upon completion by this contractor.
A major conflict arose with this contractor just prior to the Citrix Tennis Tournament. Several on-site
meetings and telephone conversations occurred with this contractor prior to the event, in which dates,
times and installation configurations were discussed. At the time services were needed this contractor
was totally confused on every issue. The contractor's language became offensive and their
performance potential became a major concern in conjunction with the tight performance schedule
outlined for the tennis tournament. The contractor was not allowed to perform, as the primary
contractor. Copies of back-up documents am a~ached for your perusal.
This contractor was allowed to relocate a water fountain on the fairway at Lakeview Golf Course to a
more suitable point of use. The origin of the water supply for the newly relocated water fountain was
to be acquired from an existing lift station potable water supply approximately 100 - 150' from the
water fountain. Multiple issues arose for the installation, as follows: the contractor did not acquire a
plumbing permit for the work, the contractor tapped an existing water line at the lift station site and
presumed the line to be a properly protected potable water supply. The presumed potable water supply
line was in fact a water supply for the lift station wet well, which was not properly protected by a
backflow preventor. This was a preventable cross connection. The cross connection was eliminated
after City personnel became involved.
Bishop Plumbing Company's performance has not been acceptable. As such, it is my recommendation to
eliminate this contractor from consideration on this bid and award the annual contract to Stokes Mechanical
Contractor, Incorporated, as the primary service provider. There will not be a secondary contractor for this
bid award.
If you have any questions, please call.
attachments:
Bob Barcinski w/attachments
Jim Schmitz w/attachments
a:rooney 070600 bid200030 diskl4
rlTY I)F I)ELAI Y
PURCHASING DIVISION
TO: Hoyt Owens, Deputy Director Public Wo~,~s~
FROM: Jackie Rooney, Purchasing Supervisor ~
THROUGH: Joseph ~nce Director
SUBJECT: Plumbing Services and Repairs-Annual Contract
Bid #2000-30
DATE: July 03, 2000
Attached is a tabulation of bids and copy of the bids received for the above
referenced subject.
Only two (2) bids were received for this service. Invitations to bid were sent to
forty-four (44) vendors on June 01,2000, and a complete bid package was
requested by five (5) vendors.
Purchasing called the other three vendors to inquire as to why they did not bid
and responses were as follows:
Raider Rooter- "we do drain work only"
DeeMaria Plumbing -"didn't like requirements in bid specifications for pricing
for parts"
Roto Rooter -"1 waited to last minute to do the pricing and didn't get it
completed on time to submit a bid"
Please review the attached and submit to Purchasing your award
recommendations.
If you have any more questions, you may reach me at ext. 7163.
CITY OF DELRAY BEACH
BID # 2000-30
PLUMBING SERVICES AND REPAIRS
June 27, 2000
Bishop Stokes Mechanical
Item Description Plumbing Co. Contractor
I. HOURLY RATE OF LABOR:
A. 7:30 a.m. - 4:30 p.m., Monday - Friday
1. Plumber Journeyman (Rate per hour) $45.00 /hr. $55.00 /hr.
(Rate per year est. @ 200 hrs.) $9,000.00 $11,000.00
2. Plumber Apprentice (Rate per hour) $22.00 /hr. $45.00 /hr.
(Rate per year est. @ 20 hrs.) $440.00 $900.00
B. After Hours (Overtime-Emergency Calls)
3. Plumber Journeyman (Rate per hour) $67.00 /hr. $82.50 /hr.
(Rate per year est. @ 12 hrs.) $804.00 $990.00
4. Plumber Apprentice (Rate per hour) $33.00 /hr. $67.50 /hr.
(Rate per year est. @ 4 hrs.) $132.00 $270.00
II, PERCENTAGE MARK-UP (PARTS AND MATERIALS):
5. Percentage mark-up 24% 40%
Amount per year est. @ $2,000 x mark-up % $480.00 $800.00
6. Total annual cost for materials + mark-up $2,480.00 $2,800.00
GRAND TOTAL (Items 1, 2, 3, 4, and 6) $12,856.00 $I5,960.00
Comments/Exceptions:
REF:s:~fin a nce~pu rchasing~lu mbing.xls\6/27/00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM 9. ~.. REGULAR MEETING OF JULY 25, 2000
_ESTABLISHMENT OF PROPOSED MII.I.AGE RATE FOR FY 2001
DATE: JULY 21, 2000
Staffwill provide additional reformation concerning the millage rate at the meeting on Tuesday.
As I indicated at the workshop, I plan to recommend that the ptoposedmillage rate be established at
8.15 mills which is a one-half mill increase over our current tax rate of 7.65.
RefiAgmemo20.FY2001 Proposed Millage
lIT'/OF DELRI:i¥ BEfl[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
~l.Amedca City
1993
DATE:
TO:
July 18, 2000
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Linc: 5611243-7091
City Commission ~ r
Brian Shutt, Assistant City Attorney
SUBJECT:
Pineapple Grove Way Special Assessment District
Resolution Adopting the Preliminary Assessment Roll
The attached resolution, if adopted, will authorize the establishment of the Pineapple
Grove Way Special Assessment District ("District"). The District is being established in
order to provide that certain property owners shall contribute to the street beautification
along Pineapple Grove Way from the first alley intersection north of Atlantic Avenue to
N.E. 4th Street. Only those property owners abutting Pineapple Grove Way and the first
100' of intersecting streets, in the area described above shall be specially assessed.
The total cost of the project, excluding the utility work to be performed by the City, is
estimated at $2,049,850.00, of which the City and CRA shall each pay 1/3 of this
amount. The property owners shall contribute the remaining 1/3 of the cost for this
project, which is the amount of $683,283.33.
At the conclusion of the construction, the City Commission will consider a resolution
adopting the construction as complete and confn-ming the final assessment. The property
owners will then have 60 days to pay the assessment in one lump sum. The property
owners may also pay the assessment in twenty annual installments at an interest rate of
8 %. The City's finance department will administer the collection of the assessments.
Please call if you have any questions.
Attachments
~David T. Harden, City Manager
Alison MacGregor Harty, City Clerk
Randal Krejcarek, City Engineer
/o.A ·
RESOLUTION NO. 49-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DFJ.R_AY BEACH, FLORIDA, PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE pRF. IIMINARY
ASSESSMENT ROLL FOR THE PINEAPPLE GROVE WAY SPECIAL
ASSESSMENT DISTRICT TO INCLUDE THOSE PROPERTIES
BORDERING ON PINEAPPLE GROVE WAY (N.E. 2~D AVENUE)
FROM THE FIRST .AIJ.EY INTERSECTION NORTH OF ATLANTIC
AVENUE TO N.E. 4TM STREET, AS MORE FULLY DESCRIBED
HEREIN; PROVIDING FOR THE ASSESSMENT AMOUNT AS TO
EACH PROPERTY; PROVIDING FOR THE METHOD OF PAYMENT
OF THE SPECIAL ASSESSMENT; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on June 6, 2000, the City Commission of the City of Delray Beach adopted
Resolution No. 47-00 which declared the necessity for establishing the Pineapple Grove Way Special
Assessment District ("District") in order to defray a portion of the street beautification improvements
within the District; and
WHEREAS, on June 6, 2000, the City Commission adopted Resolution No. 48-00 which set
the date and time for the public hearing at which the City Commission would consider the approval of the
District; and
WHEREAS, the City Clerk has advertised the public hearing and mailed notices to the
property owners to be included in the District; and
WHEREAS, the District will include all those properties listed on the assessment roll which
is attached hereto as Exhibit "A", and as shown on the map attached hereto as Exhibit '"B"; and
WHEREAS, the total estimated cost of the beautification improvements is $2,049,850.00, of
which the City will pay $683,283.33 (1/3 of the total), the Community Redevelopment Agency (CRA) will
also pay $683,283.33 (1/3 of the total), and the property owners will contribute $683,283.33 (1/3 of the
total); and
WHEREAS, each property owner shall be assessed on front footage of the property
abutting Pineapple Grove Way (N.E. 2na Avenue) and the first one hundred feet (100) along intersecting
streets as indicated on the assessment roll which is attached hereto as Exhibit "A"; and
WHEREAS, each property owner may pay the assessment in twenty (20) annual installments
at an interest rate of eight percent (8%) as indicated on Exhibit "A"; and
WHEREAS, the owner of property within the District for which an assessment is levied
shall thereafter be responsible for payment thereof.
I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That the City Commassion of the City of Delray Beach, following a duly noticed
public heating, does hereby adopt the above recitals as ff fully set forth herein.
Section 2. That the City Commission hereby adopts and certifies the assessment roll for the
Pineapple Grove Way Special Assessment District as set forth in Exhibit "A" which is attached hereto and
incorporated herein.
Section 3. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED in reg~,l~* session on this the 25~ day of July, 2000.
MAYOR
ATTEST:
City Clerk
- 2 - Res. No. 49-00
LAKE
IDA ROAD
N.E. 5TH
ST.
ATLANT
PINEAPPLE GROVE WAY
ASSESSMENT DISTRICT
99-039
Exhibit B
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~/]CITY MANAGER
AGENDA ITEM/~9. ~.. REGUI.AR. M~.TING OF JULY 25. 2000
RESOLUTION NO. 54-00 .(PURCHASE OF PROPERTY
INTERNATIONAL TENNIS RESORT)
DATE: JULY 21, 2000
FROM
Resolution No. 54-00 authorizes the City to purchase certain property from Ddray Beach
International Tennis Resort, Ltd. The purchase phce is $575,000.00. The contract stating the terms
and conditions for the sale and purchase is attached to and is a part of the resolution.
The essential terms of the purchase are outlined in the attached memorandum from the City Attorney.
Recommend approval of Resolution No. 54-00.
RefiAgmemo14.Res.54-00~Acquisi~on. Int'l. Tennis Resort Property
CITY OF DELRIq¥ BEFICH
CITY ATTORKEY'S OFFICE
AII.Ar~ri~ Cit~
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
July 18, 2000
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT:
Essemial Terms of the Contract for Sale and Purchase of Tennis Courts,
Clubhouse and Parking Area Located at 2350 Jaeger Drive
Contract for Sale and Purchase between the City and Delray Beach International
Tennis Resort, Ltd.
The essential terms of the purchase are as follows:
The City shall purchase the 24 tennis court property and associated parking for
$575,000.00. The City shall also give the Seller a number of free golf passes,
and grant to the St. Tropez development free tennis memberships for a period of
7 years.
2. The City is to pay for the title insurance and survey of the property.
3. The Seller shall pay all documentary stamps, and cost to cure any title defect.
The closing for this property shall be simultaneous and contingent upon the closing of the
Contract for sale and purchase between the City and the Delray Racquet Club
Association.
Contract for Sale and Purchase between the City and the Delray Racquet Club
Association
We have also attached a proposed contract between the City and the Delray Racquet
Club Association for the sale of the ten tennis court property with associated parking and
the small parcel located at the north end of the Club Property to the Racquet Club.
The essential terms of the contract for sale and purchase are as follows:
The City will receive $225,000.00 plus $150,000.00 for maintenance from the
Racquet Club.
The Closing for the sale of the property must be simultaneous with the Closing of
the purchase of the property by the City.
The City will retain a 99 year non-exclusive easement for ingress, egress and
parking over the parking area property. The City shall be responsible for
maintaining the parking area.
The City will retain a 35 year non-exclusive easement for the use of the 10 tennis
courts. The City will be responsible for the maintenance and upkeep of the tennis
courts for this period of time as well as regulate and administer the usage of the
tennis courts.
Racquet Club agrees to have its members pay membership fees for the right to
play tennis on the tennis courts and the fees will be split by percentage with the
City.
Racquet Club shall grant to the City an Encroachment Easement to the City
regarding the grandstand court as well as granting an access easement to the City
over a certain concrete pathway.
The City shall retain an ingress/egress easement over the small parcel at the north
end of the tennis courts to provide access for maintenance for a period of 99
years.
Please call if you have any questions regarding the Contracts for Sale and Purchase. I
have also attached the resolutions for the purchase and sale of this property.
Attachments
cc: Alison MacGregor Harty, City Clerk
RESOLUTION NO. 54-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DFJ.RAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SRIJ.ER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCI-LASE
BETWEEN THE SFJJ.ER AND THE CITY OF DFJ.RAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at
2350 Jaeger Drive to provide for tennis courts; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to
the City of Delray Beach, Florida; and
WHEREAS, it is m the best interest of the City of De. kay Beach, Florida, to purchase said
property for the purpose described above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby
agrees to pttrchase from Delray Beach International Tennis Resorg Ltd., as Seller, land to provide for tennis
courts, for the purchase price of Five Hundred Seventy-Five Thousand and 00/100 Dollars ($575,000.00),
and other good and valuable consideration; said property being more particularly described as follows:
See Exhibit "A'
Section 2. That the costs of closing and transactions, rifle insurance, document preparation
and attorney's fees shall be borne by the City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein as Exhibit "B".
PASSED AND ADOPTED in regular session on this the 25* day of July, 2000.
MAYOR
. ST:
City Cler~ ' !
CONTRACT FOR SALE AND PURCHASE
DELRAY BEACH INTERNATIONAL TENNIS RESORT, LTD., ("Seller"), and
CITY OF DELRAY BEACH, a Florida municipal corporation, CBuyer"), hereby agree that the
Buyer shall buy the following real property ("Real Property") upon the following terms and
conditions:
I. DESCRIPTION: See Exhibit "A"
H. PURCHASE PRICE: $575,000.00 for properly described in Exhibit "A"; and free tennis
memberships to the facilities described in Exhibit "A" and the City's Tennis Center for a period
of seven years from the date of closing for all owners and renters of the St. Tropez Apa~[t~ents,
not to exceed a maximum of 20 family memberships per annum; and 20 free golf passes, not to
exceed 25 rounds of golf per pass, at the Delray Beach Public Golf Course with golf cart and
green fee privileges for a period of seven years from the date of closing. For purposes of this
Contract, such memberships and passes are valued at $75,000.00.
HI. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and
delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties
on or before August 4, 2000, the offer will, at Seller's option, be withdrawn. The date of this
Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 10 days before closing date, Buyer shall obtain a title
insurance commitment at its own expense.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers
delivered on or before September 5, 2000, unless extended by other provisions of Contract or by
mutual consent of the parties. This closing is contingent upon the simultaneous closing of that
certain Contract for Sale and Purchase between the City of Delray Beach and the Delray
Racquet Club Association as incorporated herein by reference (the "Racquet Club
Contract"). If the Delray Racquet Club fails to close on the Racquet Club Contract by
September 5, 2000, the City shall have the right at its election to: (i) terminate this Contract;
(ii) waive this contingency, or (iii) postpone this closing and contingency for up to thirty (30)
days. The City shall provide written notice of its election to Seller no later than 5:00 P.M.
on September 5, 2000, to close on this contract between the City and the Delray Beach
International Tennis Resort.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to Real Property lines and not
more than 10 feet in width as to the rear or front lines and 7 ~,~ feet in width as to the side lines,
unless otherwise specified herein); taxes for year of closing and subsequent years; provided, that
there exists at closing no violation of the foregoing and none of them prevents the use of Real
Property for municipal public services, public tennis facilities and Community Facility purposes
as defined by the City of Delray Beach Land Development Regulations.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof
shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller
agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If
occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date
of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed
to have accepted Property in their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer
agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the mount
of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or
qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall
convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement
and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according
to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found
defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller
will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which
Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which
shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations
under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary suits.
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and
to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows
encroachment on real property or that improvements located on real property encroach on setback lines, easements,
lands of others, or violale any restrictions, agreement covenants or applicable governmental regulation, the same shall
constitute a title defect.
C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the
real property in those areas currently provided for and in use and that they are sufficiem for the intended use as
described herein, title to which is in accordance with Standard A.
D. Leases: The Seller warrants that there will be no leases, licenses or rights of use of the
property being conveyed as of the closing other than as expressly provided for herein.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence,
unless otherwise provided for herein, of any financing statements, clairnn of lien or poletuial lieunrs known to Seller
and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately
preceding date ofclosing. Ifproperty has been improved, or repaired within that time, Seller shall deliver releases
or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in
2
addition to Seller's lien affidavit setling forth the names of all such general contractors, subcontractors, suppliers and
materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a
mechanic's line or a claim for damages have been paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the county where real property is located, at
the office of the attorney or other closing agent designated by Bayer.
G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6)
days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and uny time period
provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next
business day.
H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit,
assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish ehising
statement, mortgage, mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed shall be paid by Seller.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and
revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any
existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be
increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy
if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when
the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon
such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated
on the prior year's tax. If there are completed improvements on real property by January Ist of year of closing which
improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be
made to the County Property Appraiser for an informal assessment taking into consideration available exemptions.
Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon
receipt of tax bill on condition that a statement to that effect is ia the closing statement.
K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as
of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be
assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall
be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessmem for the improvement by the public body.
L. Risk of Loss: ff the property is damaged by fire or other casualty before closing and cost
of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation
of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at
closing. If the cost of the restoration exceeds three percent (3 %) of the assessed valuation of the improvements so
damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or
any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return
of deposit(s).
M. Escrow: Any escrow agent ('Agent') receiving funds or equivalent is authorized and
agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them
in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's
performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's
option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursemem, or until
a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the
3
clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all
liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered
out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997), as
amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder,
or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable at"~orney's
fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing
party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items
subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent.
Failure of Performance: If Buyer fails to perform this Contract within the time specified
(including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as
agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims;
whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may
proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make
Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may
seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
O. Agreement Not Recordable; Persons Bound; No*ivy,: Neither this agreement nor any
notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties
and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall
include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party.
P. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an
easement for any utilities that may exist and lie on the property.
Q. Other Agreements: No prior or present agreements or representations shall be binding
upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
R. Warranties: Seller warrants that there are no facts known to Seller materially affecting
the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: City of Delray Beach SELLER: Delray Bgach International
,,,,,"'"~s ~esort, Ltd. ,
Mayor Delray l~each International Tennis~"l~ort, Inc.,
ATTEST:
City Clerk
Approved as to Form:
By:~'~.r"x._~ ~
~¥.City Attorney
its General Parmer
By: Gaetan Morin, President
WITNESSES:
(print or type name)
(print or type name)
EXHIRIT "A"
LAVER'S RECREATIONAL PROPERTY
CLUB AREA
.EGAL DESCRIPTION:
A PORTION OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT Tt-{EREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61.
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LAVER'S DELRAY RACQUE'i~
CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT SOUTHEAST CORNER OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON
THE EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER
OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT 1, FOR A
DISTANCE OF 265.05 FEET TO THE POINT OF BEGINNING; THENCE S87°10'25"W FOR 104.48 FEET; THENCE N19o
59'24"W FOR 22.30 FEET; THENCE S70°00'36"W FOR 153.50 FEET; THENCE NI9°59'24"W FOR 5.00 FEET; THENCE S70°
00'36"W FOR 166.20 FEET; THENCE N19°59'24"W FOR 13.79 FEET; THENCE S80°28'00"W FOR 21.16 FEET; THENCE NI9o
59'24"W FOR 102.87 FEET; THENCE S70°00'36"W FOR 15.22 FEET; THENCE N14°49'09"W FOR 139.54 FEET; THENCE N34o
16'18"E FOR 106.18 FEET; THENCE N74°25'51"E FOR 182.00 FEET; THENCE NlS°42'36"E FOR 87.78 FEET; THENCE N82o
31'18"E FOR 34.49 FEET; THENCE N02°49'35"W FOR 200.03 FEET; THENCE S90°00'00"E FOR 13.83 FEET; THENCE N02°
49'35"W FOR 102.35 FEET; THENCE N87°I0'25"E FOR 143.54 FEET; THENCE N02°49'35"W FOR 87.77 FEET TO A POINT
ON THE SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AS SHOWN ON THE PLAT OF LAVER'S NORTH ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43 PAGES 92 THROUGH 94 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; SAID POINT BEING ON A NON-TANGENT CURVE; SAID POINT BEARING N04°50'02"E
FROM THE RADiUS POINT OF THE NEXT DESCRIBED CURVE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO
THE RIGHT AND CONCAVE TO THE SOUTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 17°59'55"
FOR AN ARC DISTANCE OF 62.83 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A
/Ck~GC]ULAR C~oUI~,,,V~ ,,T,O THE LEFT AND CONCAVE TO THE NORTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL
~JLE OF 04 43 53 FOR AN ARC DISTANCE OF 16.52 FEET TO A POINT OF NON TANGENCY; THENCE DEPARTING
FROM SAID SOUTH RIGHT OF WAY LiNE OF EGRET CIRCLE AND RUN S08°30'00"W FOR 35.30 FEET; THENCE S80°
00'00"W FOR 23.37 FEET; THENCE S09°59'50"E FOR 35.80 FEET; THENCE S02°49'35"E ALONG A LINE PARALLEL WITH
AND 2,00 FEET WEST OF AS M~ASURED AT RIGHT ANGLES TO THE EAST LiNE OF SAID TRACT 1 FOR A DISTANCE
OF 345.76 FEET; THENCE NgT°10'25"E 62.00 FEET; THENCE S02°49'35"E ALONG THE EAST RIGHT OF WAY LINE OF
THE ABANDONED AND/OR VACATED 60.00 FOOT ROAD RIGHT OF WAY OF JAEGER DRIVE ACCORDING TO OFFICIAL
RECORDS BOOK 3077 AT PAGE 1597 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR A DISTANCE
OF 104,53 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY RACQLrET CLUB ADDITION
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N90°00'00"W ALONG THE SOUTH LINE OF SAID PARCEL
''A" FOR 60.07 FEET TO A POINT ON THE EAST LINE OF SAID TRACT I; THENCE S02°49'35"E ALONG THE EAST LrNE
OF SAID TRACT 1 FOR A DISTANCE OF 223.64 FEET TO THE POINT OF BEGINNI'NG.
SA/D LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 5.601 ACRES MORE OR LESS
SHEET I OF 3 SHEETS
FILE NO. 00-14954-SS1
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
Palm Beach County
310 Southeast First Street, Suite Four
Delray Beach, Florida 33483
(561) 243-8700 Local
(561) 243-8777 Fax
(561) 732-2588 Palm Beach
C,' EkTI ~'.~ CATE;
[ HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF Iv
HELLER-WEAVER AND CATO, INC.
FLORIDA c~ ~TE LB. . 3449
[P OFESSIONAL SU~/EYOR& MAPPER
FLORIDA STATE REG. NO. SI 18
DATED FEBRUARY 17, 2000
FILE: C:\CA/CE\ 14984~LAKERAY.PUB
NOTES:
THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEC/("THIS IS NOT
A SURVEY").
2.)
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PO 112 & 113, HAVING AN ASSUMED BEAR/NO OF S02°49'35"E.
~HEET 2 OF 3 SHEETS
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
FILE NO. 00-14984-SS2
Palm B~ch Comuty
310 Southeast First S~'eet, Suite Four
Delray Beach, Florida 33453
(561) 243-8700 Local
(561) 243-8777 Fax
($61) 732-2588 Palm Beach
SKETCH TO ACCOMPANY L~'GAL DESCRIPTION
A PORTION 0f TRACT 1. LAKE RAy
PLAT BOOK 29, PAGE 61
CITY OF' DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
P.B. PLAT BOOK
O.R.B. OFFICIAL RECORDS BOOK
~G. RAGE(S)
P.B.C. PALM 8EACH CO!JN~f
R RADIUS
A DELTA
R/W RIGHT--OF'-WAY
TRACT 1. L~F:£ RAY
(P.EL 29. PG. 61
NOT hCi.UDED
6' UllUl~ EASEMENT
(P.B. 29, PAGE 61)
UTTUTY
EASEMENT
(P.B. ~.2, PG. 112--11
CLUB AREA (LAKE RAY PORTION)
(CONTAINING 5.601 ACRES MORE OR LESS)
$09'59 '$O'E
PARCEl.. ~,'
LAvE:J, :~ DELRA'f
RACOUET gDDITiON
t'.P.B. 42. P(;. 11:;;-115)
UNE OF'
dAEC~R ORIVE
(P.B, ~2, P0.I12--11~)
Ngo'o0'00'Wl )
SOUTH UNE
PARCEL 'A', LAVER'e:
DELRAY RACQUET AOOmON
(P.B. 42. PG. 112-115)
SHEET 3 OF 3 SHEETS
TRACT !. LAl,':/ RAY
(.P.E. 29. PG. 61)
NOT h,i,,I.l O,".D
EAST UNE OF
TRACT 1, LAKE RAY
(P.e. 29, PG. 61)
(P.e. 29, PG. 61)
WENTiDN
VILLAGE
POINT OF
BEGINNING
o.?
" COMMENCE}dENT;
SOLrTHEAET CORNER
LEGAL DESCRIPTION:
LAVER'S RECREATIONAL PROPERTY
PARKING AREA
A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS
'. RECORDED IN PLAT BOOK 42, AT PAGES [ 12 AND [ 13, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRiBED AS FOLLOWS:
COM3/fENCE AT SOUTHEAST CORNER OF TRACT 1, LAKE RAy, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE
EAST LINE OF SAID TRACT 1 AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID
TRACT I; THENCE N02°49'35'~W TANGENT TO SAID CURVE ALONG THE EAST BOUNDARY OF SAID TRACT I, FOR A
DISTANCE OF 488.69 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB
t. tJ~,~ wi' ~'ALM BEACH COUNTY, FLORiDA; THENCE S 90°00 00" E ALONG SAID SO[rr'14 LI'NE Ol: paRt~r ,,a- I
FOR A DISTANCE OF 60.07 FEET; THENCE N02°49'35"W ALONG A
MEASURED AT RiGHT ANGLES TO THE WEST LINE OF SAID PARCEL 'A' SAID LINE ALSO BEING THE EAST RIGHT OF
_W_A__Y_LINE OF THE ABANDONED AND/OR VACATED 60.00 ROAD RJGHT OF WAY OF JAEGER DRIVE ACCORDING TO
OFFICIAL RECORDS BOOK 3077 AT PAGE 1597 OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA FOR A
DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING; T,I-~oNCE CONTINUE N02°49'35"W ALONG THE AFORESAID[
DESCRIBED LINE FOR ~ ..D, ISTANCE OF 84.51 FEET; THENCE S87 10'25"W FOR 18.00 FEET THENCE N02°49'35"W FOR 32.00
FEET THENCE N87°10 25 E FOR 20.00 FEET; THENCE S90o00'00"E FOR 27.05 FEET; THENCE N00°00'00"E FOR 13.57 FEET;
THENCE .Sg0"00',0,0'E FOR 104.10 FEET; THENCE N00°00'00"E FOR 54.80 FEET; THENCE S90°00'00'E-FOR 85.94 FEET
TTHENCE N00o°0? 0,0,"E FOR 53.59 FEET; THENCE N~0o0,°I~',4,~"E FOR 30.57 FEET; THENCE SO0°00'00"E FOR 16.35 FEET;
HENCE soo .00 oo w EOR 268.99 FEET; THENCE Ng0 0000 W ALONO A P LEL V TH 20.00 FEET NO TH AS
POINT OF BEGINNING.
CONTAINING 0.860 ACRE MORE OR LESS.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CgRTIFICATE:
I HEREBY CERTIFY TI4.AT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS
rile MINIMUM TECI-fl~ICAL STANDARDS FOR LAND SURVEYING fN ThE STATE OF FLOR[DA, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS
~ MAPPERS IN CHAPTER 61Gl?6, OF THE FLOR[DA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLOR[DA STATUTES, AS APPLICABLE
-'OR LEGAL DESCRIPTIONS.
4ELLER.WE~ AND
'ROFF~SI~"VEY~fR & MAPPER DATED FEBRUARY 17, 2000
LO~%F~ )4'0. 511~ FILE; C:~A/CE~14984~PARKINO.PUB
.)
THIS SKETCH AND LEGAL DESCR/PTION DOES NOT REPRESENT A FIELD BOUNDARy SURVEY ("THIS IS NOT A SURVEY").
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'$ DELRAy RACQUET CLUB ADDITION, PB 42, FO 112 & 1 I3,
N,.AVING AN ASSUMED B EARFNG OF S02~49'35"E.
;HEET I OF 2 SHEETS
FILE NO. 00-14984-SS4
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
Palm Beach County
310 Southeast First Street, Suite Four
Delray Beach, Florida 33483
(561) 243-8700 Local
(561) 243-8777 Fax
(561) 732-2588 Palm Beach
I
"EASEMENT
(P.E. 4.2,
I=G. 112--113)
I 27.05 '
,* 10'25'W
OF' TRACT
TRACT 1 ,
~ $'o F'G.6'"
SHEET 2 OF' 2 SHEETS
~ POINT OF
COMMENCEMENT;
SOUTHEAST CORNER
TRACT I, LAKE RAy
(P.E. 29, PG. 81)
(P.E. 42, PG. 112-113)
LAVER'$ C= ELRA'I'
F~AC,'O~J h-T A .,C ITI.,_,N
NOT INCLUDED
sgo'o0'o0"E 8..5,94
S90'00'
6.3
sgo'o0'o0"E 104.10
PARKING AREA
(CONTAINING 0.860 ACRES MORE OR LESS)
(P.E.42, P6.112-115)
SOUTH UNE
PARCEL "A", LAVER'S
DEE.RAy RACQUET ADDITION
(P.B. 42, PG. 112-113)
LOT "D"
WEN'TON VILLAGE
(P.B 30, PC. 3?
O.R.B.
P.B,C.
R
A
· 20'
-f--r
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF PARCEL "A",
LAVER'S DELRAY RACQUET ADDITION
(PLAT BOOK 4,2. PAGES 112 AND 113)
CITY OF DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
PLAT BOOK
OFFICIAL RECORDS BOOK
PACE(S)
PALM BEACH COUN'/Y
RADIUS
DELTA
ARC DIST~IC E
RIOHT--OF--WAY
LAVER'S RECREATIONAL PROPERTY
TENNIS COURT AREA
LEGAL DESCRiPTION:
A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 42, AT PAGES 112 AND 113, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT SOUTHEAST CORNER OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED
~NNPTLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING
HE EAST LI~rE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST
CORNER OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST BOUNDARY OF SAID
TRACT 1, FOR A DISTANCE OF 488.69 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY
RACQUET CLUB ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES 112
AND 113 OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA; THENCE S 90°00'00" E ALONG SAID SOUTH
LINE OF PARCEL "A" FOR A DISTANCE OF 288.91 FEET; THENCE N00°00'00"E FOR 29.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE N00°00'00-E FOR 259.99 FEET; THENCE sg0°00'00"E FOR 301.00 FEET; THENCE SOO°
00'00"W FOR 259.99 FEET; THENCE N90°00'00-W ALONG A LINE PARALLEL WITH AND 29.00 FEET NORTH AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 301.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1.$00 ACRES MORE OR LESS
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, ,PALM BEACH COUNTY, FLORIDA.
CERTIFICATE;
I HEREBY CERrI~Y THAT TI~S SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF, AND MEETS THE MINIMLrM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE
STATE OF FLORIDA. AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17-6
OF THE FLORIDA ADMTNISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AS APPLICABLE
FoR LEGAL DESC rIoNs.
PROF~O~SURVE~R & MAPPER DATED FEBRUARY 17, 2000
FILE: C:\CAICE\ 14984\TENNIS.PUB
FL/~qD/cS~TE RE G."~-q'O. 5118
NOTES:
I.)
THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("TH/S IS NOT
A SURVEY'').
2.)
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02~49'35'E.
SHEET 1 OF 2 SHEETS
Heller-Weaver and Cato, Inc.
Engineers ,:. Surveyors
FILE NO. 00-14984-SS6
Palm Beach County
310 Southeast First Street, Suite Four
Delray Beach, Florida 33483
(561) 243-8700 Local
(561) 243-8777 Fax
(561) 732-2588 Palm Beach
POINT OF
B~GINNINO -~
NOO'OO'OO"W
29.00'
288.91'
FAF:CEL "A", L&'/EF,':~, r, m~.'/ ._
,,E ...... P, ACOII~T aDDITiON (.F'.B. 42. PG.
NOr INCLUDED
S 90'00'00" i
,301.00'
TENNIS COURT AREA
(CONTAINING1.800 ACRES MORE OR LESS)
COMMENCEMENT;
SOUTHEAST CORNE~
TRACT 1, LAKE RAy
(P.a. 29, Po. 61)
(P.B.42, PG. 112--113)
1~' UTlUTY EASEMENT
(P.a.50. PG.33)
301.00'
SHEET 2 OF 2 SHEETS
LOT "D'
WENTON V ~
ILLAL, E
30, PG. 35"
~ N90'OO'OO"W
' '~' SOUI~ UNE --
I 1 2 .- 1 1.5:~
PARCEL 'A'. LAVER'e:
OELRAY RACQUET ADDmON
(P.B. 4.2. PG. 112-11,3)
P.B. PLAT BOOK
O.R.B. OFFICIAL RECORDS BOOK
laG;.
P.B.C, PALM B~.ACH COUNTY
R RADIUS
A DELTA
A ARC D~TANCE:
R//W RIGHT--OF--WAY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF PARCEL #A',
LAVER'S DE:LRAY RACQUET ADDmON
(PLAT BOOK 4.2, PAGES 112 AND 115)
crrY OF DELRAY BEACH
PALM BEACH COUNT~~, FLORIDA
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: 0j[0CITY MANAGER
SUBJECT: AGENDA ITEM /~9. ~_. - REGULAR MI~.I~.TING OF IULY 25. 2000
RESOLUTION NO. 55-00 (SALE OF PROPERTY TO DELRAY KACOUET
CLUB ASSOCIATION).
DATE: JULY 21, 2000
Resolution No. 55-00 authorizes the City to sell certain property to the Delray Racquet Club
Association. The sale price is $225,000.00. The contract staling the terms and conditions for the sale
and purchase is attached to and is a part of the resolution.
The essential terms of the sale are outlined in the attached memorandum from the City A~omey.
Recommend approval of Resolution No. 55-00.
RefiAgmemo14.Res.55-00.Sale of Property to Deleay Racquet Club Assn.
tlT¥ OF DELRrI¥ BEIIrH
CITY ATTORNEY'S OFFICE
DELRAY BEACH
1993
TO:
July 18, 2000
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278.4755
Writer's Direct Ling: 561/243-7091
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT:
Essential Terms of the Contract for Sale and Purchase of Tennis Courts,
Clubhouse and Parking Area Located at 2350 Jaeger Drive
Contract for Sale and Purchase between the City and Delray Beach International
Tennis Resort, Ltd.
The essential terms of the purchase are as follows:
The City shall purchase the 24 tennis court property and associated parking for
$575,000.00. The City shall also give the Seller a number of free golf passes,
and grant to the St. Tropez development free tennis memberships for a period of
7 years.
2. The City is to pay for the title insurance and survey of the property.
3. The Seller sba]] pay all documentary ~amps, and cost to cure any title defect.
The closing for this property shall be simultaneous and contingent upon the closing of the
Contract for sale and purchase between the City and the Delray Racquet Club
Association.
Contract for Sale and Purchase between the City and the Delray Racquet Club
Association
We have also attached a proposed contract between the City and the Delray Racquet
Club Association for the sale of the ten tennis court property with associated parking and
the small parcel located at the north end of the Club Property to the Racquet Club.
The essential terms of the contract for sale and purchase are as follows:
o
The City will receive $225,000.00 plus $150,000.00 for maintenance from the
Racquet Club.
The Closing for the sale of the property must be simultaneous with the Closing of
the purchase of the property by the City.
The City will retain a 99 year non-exclusive easement for ingress, egress and
parking over the parking area property. The City shall be responsible for
maintaining the parking area.
The City will retain a 35 year non-exclusive easement for the use of the 10 tennis
courts. The City will be responsible for the maintenance and upkeep of the tennis
courts for this period of time as well as regulate and administer the usage of the
tennis courts.
Racquet Club agrees to have its members pay membership fees for the right to
play tennis on the tennis courts and the fees will be split by percentage with the
City.
Racquet Club shall grant to the City an Encroachment Easement to the City
regarding the grandstand court as well as granting an access easement to the City
over a certain concrete pathway.
The City shall retain an ingress/egress easement over the small parcel at the north
end of the tennis courts to provide access for maintenance for a period of 99
years.
Please call if you have any questions regarding the Contracts for Sale and Purchase. I
have also attached the resolutions for the purchase and sale of this property.
Attachments
cc: Alison MacGregor Harry, City Clerk
RESOLUTION NO. 55-00
A REsoLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO
BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY,
FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE
BUYER AND THE CITY OF DRT,RAY BEACH, FLORIDA.
WHEREAS, the City of Dekay Beach, Florida, wishes to sell certain property located at
2350 Jaeger Drive; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described
fsom the City of Deltay Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section L That the City Commission of the City of Dekay Beach, Florida, as Seller, hereby
agrees to sell to the Dekay Racquet Club Association, Inc., as Buyer, land used as tennis courts and parking,
for the purchase price of Two Hundred Twenty-Five Thousand and 00/100 Dollars ($225,000.00), and
other good and valuable consideration; said property being more particularly described as follows:
See Exhibit "A"
~ That the costs of dosing and transactions, title insurance, document preparation
and attorney's fees shall be borne by the City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Dekay Beach, Florida, and the Buyer as hereinabove named are
incorporated herein as Exhibit "B".
PASSED AND ADOPTED in regnh* session on this 1
MAYOR
CONTRACT FOR SALE AND PURCHASE
CITY OF DELRAY BEACH, a Florida municipal corporation Cseller"), and DELRAY
RACQUET CLUB ASSOCIATION, INC., ("Buyer"), hereby agree that the Buyer shall buy and
Seller shall sell the following real property ("Property") upon the following terms and conditions:
I. DESCRIPTION: As described in Exhibits 1, 2 and 3.
II. PURCHASE PRICE: $225,000.00 for the property described in Exhibits "1", ~2" and
"3"; and $150,000.00 for the upkeep and maintenance of the tennis courts and parking lot as set
forth in the Special Warranty Deed attached hereto in the form shown in Exhibit 5 for the time
period of the Seller's reservation of easements.
Ill. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and
delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties
on or before August 4, 2000, the offer will, at Seller's option, be withdrawn. The date of this
Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: Seller shall obtain, at its expense, a title insurance commilment in
the amount of $225,000.00 to be issued by Attorneys' Title Insurance Fund and delivered by ten
days prior to closing to Buyer's counsel with legible photocopies of all items proposed to be
excepted from coverage.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers
delivered on or before September 5, 2000, unless extended by other provisions of Contract. This
closing shall coincide simultaneously with the closing of the contract for sale and purchase
of the property described in Exhibit "A" between the City of Delray Beach and Deiray Beach
International Tennis Resort, Ltd. and is contingent upon the City obtaining fee simple title
to the property from the Delray Beach International Tennis Resort, Ltd.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; public
utility easements of record; taxes for year of closing and subsequent years; provided that there
exists at closing no violation of the foregoing and none of them prevents the use of Real Property
for community facility or condominium association recreation use.
VH. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller.
Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein.
If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from
date of occupancy, shall be responsible and liable for maintenance from that date, and shall be
deemed to have accepted Property in their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
X. RIGHT OF FIRST REFUSAL: Any furore conveyance of the Property, described in
Exhibit 1 or 2, shall be subject to a right of first refusal by the Seller governed by the following
terms and conditions: (The terms Buyer and Seller refer to the terms as defined in this
agreemem.)
In the event Buyer receives a bom-fide offer to purchase the Real Property, or any part
thereof, in an ams-length transaction ("Offer") which Buyer wishes to accept, the Seller shall
have a first right of refusal to purchase such Real Property upon the same terms and conditions
contained in the Offer. In the event of the receipt of an Offer Buyer shall present to the Seller_a
true copy of the Offer which Buyer intends to accept. Upon Buyer's delivery of the Offer to
Seller, Seller shall have thirty (30) days thereafter within which to elect to exemise its right of
first refusal by the delivery of written notice to Buyer of its exercise of its right of first refusal
to the Property in accordance with the terms and conditions contained in the Offer and this
Section. The closing between Buyer and Seller under the first refusal shall occur within thirty (30)
days following the Seller's timely exercise of its right of first refusal. In the event the Seller fails
to timely exercise its first right of refusal, the right of refusal shall terminate and Buyer shall be
free to close under the Offer pursuant to the terms of the Offer. In the event the offer is for less
than all of the Real Property, this right of first refusal shall continue as to the remainder of the
Real Property. The Seller is hereby expressly authorized to record a memorandum evidencing
the subject right of first refusal in the Public Records of Palm Beach County, Florida.
XI. RESERVATION OF EASEMENTS: Seller shall, in the conveyance of the property,
reserve and retain a non-exclusive easement for ingress, egress and use of the parking spaces by
the public and Seller described in Exhibit "4," for a period of 99 years from the date of this
conveyance, over the parking area described and shown in Exhibit "1" and the terms and
conditions of which are more particularly set forth in the Deed attached hereto as Exhibit "5".
Seller shall maintain the parking area described in Exhibit "1" in a reasonable manner and
consistent with the same manner that it maintains public parking lots throughout the City of
Delray Beach. Seller shall, in the conveyance of the property, reserve and retain a non-exclusive
easement, for a period of 35 years, for the use, operation, and maintenance of the tennis courts
described in Exhibit "2", the terms and conditions of which are more particularly described in the
Deed attached in Exhibit "5". Seller shall, in the conveyance of the property, reserve and retain
a non-exclusive easement for ingress, egress by Seller, as long as Seller owns the property
described in Exhibit "4," over the area described and shown in Exhibit "3" and the terms and
conditions of which are more particularly set forth in the Deed attached hereto as Exhibit "5".
XH. SPECIAL CONDITIONS:
A. This Contract is subject to Buyer at closing granting to Seller, its successors and
assigns an easement for ingress and egress over that certain walkway depicted in Exhibit "6" for
a period of ninety nine (99) years from the date of this conveyance in the form attached as Exhibit
8.
B. This Contract is subject to Buyer at closing granting to Seller its successors and
assigns an easement for that certain encroachment as described in Exhibit "7" for a period of
ninety nine (99) years from the date of this conveyance in the form attached as Exhibit 9.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A: Evidence of Title: A fide ~urance commlUne~ issued by a Florida licensed tide insurer
agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount
of the purchase price, insuring Buyer's tide to real property, subject only to liens, encumbrances, exceptions or
qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall
convey a marketable tide subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement
and those which shall be discharged by Seller at or before closing. Marketable rifle shall be determined according
to applicable tide standards adopted by authority of The Florida Bar and in accordance with law. If tide is found
defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller
will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), falling which
Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which
shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations
under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in tide within
the time provided therefor, including the bringing of necessary suits.
B. Survey: Seller, at Seller's expense, within time allowed to deliver evidence of rifle and to
examine same, shall have the real property surveyed and certified by a registered Florida surveyor to Buyer and
Buyer's counsel. If survey shows encroachment on real property or that improvements located on real property
encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable
governmental regulation, the same shall constitute a rifle defect.
C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the
real property sufficient for the current existing and intended use as described herein, tide to which is in accordance
with Standard A.
D. Liens: Seller shall furnish to Buyer at time of closing an affidavit from Seller and from
Delray Beach International'Tennis Resort, Ltd. attesting to the absence, unless otherwise provided for herein, of any
financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no
improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been
improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all
general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the
names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges
for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid
or will be paid at closing.
E. Place of Closing: Closing shall be held in the county where real property is located, at
the office of the attorney or other closing agent designated by Seller.
F. Time: Time is of the essence of this agreement. Time periods herein of less than six (6)
days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period
provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next
business day.
G. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit,
assignments of leases, tenant and mortgagee estoppel letters, closing statement, and corrective instruments. Buyer
shall furnish mortgage, mortgage note, security agreement, and financial statements.
H. Expenses: Documentary stamps on the deed shall be paid by Buyer.
I. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and
revenue of property shall be prorated u~'ough day before closing. Buyer shall have the option to taking over any
existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be
increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy
if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when
the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon
such assessment and'the prior year's millage. If current year's assessment is not available, then taxes will be prorated
on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which
improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be
made to the County Property Appraiser for an informal assessment taking into consideration available exemptions.
Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon
receipt of tax bill.
J. Special Assessment Liens: Certified, confu~ned and ratified special assessment liens as
of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be
assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall
be considered as certified, confrrmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body. City has no knowledge of any such liens.
K. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost
of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation
of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs esornwed at
closing. If the cost of the restoration exceeds three percent (3 %) of the assessed valuation of the improvements so
damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or
any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return
of deposit(s).
L. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and
agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them
in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's
performance, ifindoubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's
option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until
a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with die
clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all
liability on the part of Agent shall fully terminate, except to die extent of accounting for any items previously delivered
out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997), as
amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder,
or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's
fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing
party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items
subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent.
M. Failure of Performance: If Buyer fails to perform this Contract within the time specified
(including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as
agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any clairn~;
whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may
proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make
Seller's title marketable afxer diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may
seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
4
N. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any
notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties
and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall
include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party.
O. Conveyance: Seller shall convey the property by way of Special Warranty Deed in form
attached hereto as Exhibit "5.'
p.- Other Agreements: No prior or presem agreements or representations shrdl be binding
upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or
binding upon the parties uniass in writing and executed by the party or parties intended to be bound by it.
R. Warranties: Seller warrants that there are no facts known to Seller materially affecting
the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer.
SELLER: City of Delray Beach
Mayor
ATTEST:
city
Approved as to Form:
l~r~..City Attorney
BUYER: Delray Racquet Club Association, Inc.
By: ~~
Printed Name: ~/~/II ~ ]z'f~Al[<~- ~
Title: ~550. I~R~..C. ~FC~
5
EXI~IIRIT "1" TO THE
CONTRACT FOR SALE AND PURCHASE
LAVER'SRECREATIONALPROPERTY
LEGAL DESCRIPTION:
PARKING AREA
A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 42, AT PAGES 112 AND 113, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT SOUTHEAST COR2qER OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE
EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID
TRACT 1; THENCE N02°49'35'~W TANGENT TO SAID CURVE ALONG THE EAST BOUNDARY OF SAID TRACT 1, FOR A
DISTANCE OF 488.69 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB
ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES 112 AND 113 OF THE
PUBLIC RECORD OF PALM BEACH COUNTY, FLORiDA; THENCE S 90°00'00" E ALONG SAID SOUTH LINE OF PARCEL "A"
FOR A DISTANCE OF 60.07 FEET; THENCE N02°49'35"W ALONG A LINE PARALLEL WITH AND 60.00 FEET EAST OF AS
,.X~EASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID PARCEL "A" SAID LINE ALSO BEING THE EAST FriGHT OF
WAY LINE OF THE ABANDON'ED AND/OR VACATED 60.00 RO2~cD RIGHT OF WAY OF JAEGER DRiVE ACCORDING TO
OFFICIAL RECORDS BOOK 3077 AT PAGE I597 OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA FOR A
DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N02°49'35"W ALONG THE AFORESAID
DESCRiBED LINE FOR A DISTANCE OF 84.51 FEET; TI-[ENCE S87° 10'25"W FOR 18.00 FEET; THENCE N02°49'35"W FOR 32.00
FEET; THENCE N87°10'25"E FOR 20.00 FEET; THENCE S90°00'00"E FOR 27.05 FEET; THENCE N00°00'00"E FOR 13.57 FEET
I'HENCE S90°00'00"E FOR 104.10 FEET; THENCE N00°00'00'E FOR 54.80 FEET; THENCE S90°00'00"E-FOR 85.94 FEET
FHENCE N00°00'00"E FOR 53.59 FEET; THENCE N00°14'49"E FOR 30.57 FEET; THENCE S90°00'00"E FOR 16.35 FEET
FHENCE S00°00'00"W FOR 268.99 FEET; THENCE N90°00'00"W ALONG A LINE PARALLEL WITH AN 20.00 FEET NORTH A~
v[EASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 229.83 FEET TO THE
~OINT OF BEGINNING.
2ONTAfNING 0.860 ACRE MORE OR LESS.
;AID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORiDA.
.'ERTIFICATE:
HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCR/PTION IS TRUE ~D CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS
'HE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING rN THE STATE OF FLOR[DA. AS SET FORTH BY THE FLOR[DA BOARD OF SURVEYORS
aND MAPPERS IN CHAPTER 61G17-6, OF THE FLORIDA ADNfl~flSTRATIVE CODE, PURSUANT TO SECTION 472.027 FLOR[DA STATUTES, AS APPLICABLE
OR LEGAL DESCRIPTIONS.
:ELLER-W~_~_ AND CAT/O~/
LOR[DA aZATE LB. ~9~ /
ROFF~SSI~'X,q~Y/OR & .MAPPER DATED FEBRUARY 17, 2000
20~T-A'r?,xlx. EG, }40 ~118 FILE: C:~AICE~i49S4~PARYQ'NO.PUE
OXES;
THIS SKETCH AND LEGAL DESCK[PTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEY").
BEAR[NOS SHOWN HEP. EON REFER TO THE EAST Lfl~E OF THE PLAT OF LAVER'S DELRAY RACQUET CLUE ADDITION, PB 42, PG 112 & 113,
HAVING AN ASSUMED BEARING OF S02°49'35'E,
HEET I OF 2 SHEETS
FILE NO. 00-14984-SS4
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
Palm Bc~ach County
310 Southeast First S~'eet, Suite Four
Dekay Beach, Florida 33483
(561) 243-8700 Local
(56l) 243-g777 Fax
(561) 732-2588 Palm Beach
~EMENT
(P.a.
P~.112--11,3)
EAST BOUND,~Y
OF' TRACT 1
m.e. 2~. Pc.
TRACT
SHEET 2 OF' 2 SHEETS
- 10'25"W
~/', P:,'.: E L "A"
L~?/ER':~ DEL~A'F
PACOLJET AD F..',ITIO N
N.. ~ INC. UJDED
sgo'OO'OO'E
85.94.
~o
b
$90'00'00"E 104.10
PARKING AREA
(CONTAINING 0.~ ACRES MORE OR LESS)
(P.B.42, PG.112-I
15' UTILITY
BEGINNING
(P.B. 4.2, PG. 112--11,3)
/::'~ POINT OF'
COMMENCEMENT;
SOUTHEAST CORNE~
T~CT 1. LAKE RAY
(P.B. 29. PG. 61)
T t
· 20'
P.m. Pt. AT BOOK
LOT "D" O.R.8. OFFICL&L RECOED$ BOOK
W,'-- NTO N VIL~GE PO. RACE(S)
3('0, PC, ,~3" P.8.C. P~ a~H COU~
A DELTA
R~ RIG~-OF--WAY
I SKETCH
TO ACCOMPANY LEGAL DESCRIPTION J
a PORTION OF PARCEL "A",
LAVER'S DELRAY RACQUET ADDITION
(PLAT BOOK 4.2, PAGES 112 AND 115)
CITY OF' DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
F3LE NO. 00--14984-SS 5
~IT "2" TO TI:IE
CONTRACT FOR SALE AND PURCHASE
LAVER'$ RECREATIONAL PROPERTY
TENNIS COURT AREA
LEGAL DESCRIPTION:
A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN' PLAT BOOK 42, AT PAGES 112 AND 113, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLOR/DA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT SOUTFI~AST CORNER OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT TI--~REOF, AS RECORDED
CO~IoNP_L.A__T BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLOP~DA, SAID POINT BEi'NG I
_!'_~_~_ ?_S_T .L_r~__ OF SAID. TRACT I ,o.~D~,. ?.,E. ING THE POri~rr OF T~NGENC¥ OF A CURVE IN THE SOUTHEAST I
Utc~R UF SA.iL) TRACT 1; THENCE N02 49 ~5 W TANGENT TO SAiD CURVE ALONG THE EAST BOUNDARY OF SAil
TRACT 1, FOR A DISTANCE OF 488.69 FEET TO A POFNT ON TI"[E SOUTH LINE OF PARCEL "A", LAYER'S DELRA~
RACQUET CLUB ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES 11:
AND 113 OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA; THENCE S 90°00'00" E ALONG SAID SOUTH
LINE OF PARCEL "A" FOR A DISTANCE OF 288.91 FEET; THENCE N00°00'00"E FOR 29.00 FEET TO THE POINT OF
BEG[NNTNG; THENCE CONTINUE N00°00'00"E FOR 259.99 FEET; THENCE Sg0°00'00"E FOR 301.00 FEET; THENCE S00°
30'00"W FOR 259.99 FEET; TI-~NCE Ng0°00'00"W ALONG A LINE PARALLEL WITH AND 29.00 FEET NORTH AS
VlEASURED AT RIGHT ANGLES TO TH~ SOUTH LFNE OF SAFE) PARCEL "A" FOR A DISTANCE OF 301.00 FEET TO THE
?OINT OF BEGINNING.
.'ONTA!NTNG 1.800 ACRES MORE OR LESS
;AdD LANDS .SITUATE WITI-.n'N THE CITY OF DELRAY BEACH, .PALM BEACH COUNTY, FLOR.FDA.
~ERTIFICATE;
HEREBY CERTIFY THAT TH/S SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
;5NOW'LEDGE AND BELIEF, A.ND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE
;TATE OF FLORIDA, AS SET FORTH BY THE FLORI-DA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17-6,
)F THE FLOR/DA ADNENISTRATiWI5 CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AS APPLICABLE
'OR LEGAL DESCRIPTIONS.
RE . i8 o^ o FEBRU ¥ 17, 2000
FILE: C :\CAICE\ 14984\TENN'fS.PUB
OTE$:
Ti-frS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ('THIS IS NOT
A SURVEY"').
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAYER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEAR/NO OF S02°49'35"E.
mET I OF 2 SHEETS
FILE NO. 00-14984-S56
teller-Weaver and Cato, Inc.
Engineers ,.. Surveyors
Palm Beach County
3 10 Southeast First Street, Suite Four
Defray Beach, Florida 33483
(561) 243-8700 Local
(561) 243-8777 Fax
(561) 732-2588 PalmBeach
POINT OF'
S~GINNING. '-~
$ 90'00'00" E
TENNIS COURT AREA
(C0NTAINING1.800 ACRES MORE OR LESS)
~ N00'00'00'W
29.00' ~r -
14' U~u~'Y
(F',6.4.2, PG.'H 2-113)
15' bllUTY ~EMENT
(P.8.30. PC..33)
30~.00'
288.91'
$9~00'00'E
LO'; u
WENTON VILLAGE
(P.l~. 30 PG. 33-
~_.[. Ngo'00'00'W
~-'~ ' SOUTH UNE
PARCEl. "A'. LAV'=.~'S
D~.RAY RACQUET ADOFI3ON
(P.a. 42. PG. 112--113)
COMMENCEMENT;
$OUTH[A~T CORN~
I~ACT I, I.~KE RAy
(P.a. 29. PC. 6'~)
I '
SKETCHTO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF PARCEL
LAVER'S 0E~Y RACQUET ADDITION
(PLAT BOOK 4.2. PAG~:S 112 AND 113)
Cr1'f OF DE!.RAY BEACH
PALM BEACH COUNTY, FLORIDA
dEET 20~ 2 SHEE'T~
EXI-IIRIT "3" TO THE
CONTRACT FOR SALE A_ND PURCHASE
LAVER'S RECREATIONAL PROPERTY
PROPERTY TRANSFER
LEGAL DESCRII~ON:
A PORTION OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LAVER'S DELRAY RACQUET
CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COIVIIVIENCE AT SOUTHEAST CORNER OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON
THE EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOLrFHEAST CORNER
OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT 1, FOR A
DISTANCE OF 265.05 FEET; THENCE S87°I0'25"W FOR 104.48 FEET; THENCE NIg°59'24"W FOR 22.30 FEET; THENCE S70°
00'36"W FOR 153.50 FEET; THENCE NIg°59'24"W FOR 5.00 FEET; THENCE S70°00'36'W FOR 166.20 FEET; THENCE N19°
59'24'W FOR 13.79 FEET; THENCE S80°28'00"W FOR 21.16 FEET; THENCE N19°59'24"W FOR 102.87 FEET; THENCE S70°
00'36'W FOR 1522 FEET; THENCE N14°49'09"W FOR 139.54 FEET; THENCE N34°16'lS'E FOR 106.18 FEET; THENCE N74°
2$'51"E'FOR 182.00 FEET; THENCE N18°42'36'~ FOR 87.78 FEET; THENCE N82°31'18'~ FOR 34.49 FEET; THENCE N02°
49'35'W FOR 200.03 FEET; THENCE Sg0°00'00'E FOR 13.83 FEET; THENCE N02°49'35"W FOR 102.35 FEET; THENCE N87o,
10'25"E FOR 143.54 FEET; THENCE N02°49'35"W FOR 12.06 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
N02°49'35"W FOR 75.71 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AS SHOWN ON THE
PLAT OF LAVER'S NORTH ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43 PAGES 92
.THROUGH 94 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING ON A NON-
!TANGENT CURVE; SAID.POI3Ff BEARING N04°50'02"E FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE;
THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTH, HAVING A RADIUS
OF 200.00 FEET AND A CENTRAL ANGLE OF 17o59'55" FOR AN ARC DISTANCE OF 62.83 FEET TO A POINT OF REVERSE
CURVATURE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH,
HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04°43'53" FOR AN ARC DISTANCE OF 16.52 FEET TO A
POINT OF NON TANGENCY; THENCE DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AND
RUN S08°30'00"W FOR 35.30 FEET; THENCE SS0°00'00"W FOR 23.37 FEET; THENCE S09°59'50"E FOR 13.82 FEET; THENCE
S87° 10'25"W FOR 46.71 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE ~ THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIE)A.
CONTAIN'lNG 0.100 ACRE MORE OR LESS
ANDAVER AND SI~REMETA, INC.
MAPPER
0
NOTES:
DATED: ~rLy 17, 2000
FILE: IVIYDOCS/PUBFILE S/DELRAY/LAVERSfDEEDXFEI~.puB
1.)
THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ('~IIS IS NOT
A SURVEY").
2.)
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAYER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35'E.
SHEET I OF 2 SHEETS
FILE NO. 00-14984.001-SSI
Heller-Weaver and Sheremeta, Inc.
Engineers ... Surveyors... Planners
310 Southeast First Street, Suite Four, Delray Beach, Florida 33483
Phone (561) 243-8700 · Fax (561) 243-8777
p.e.c, pau~ e~H COUNt'
TRACT !, '.b~KE RAY
I,-.B. 2.% F'G, c."',.~
N,'.)i iNCLUL),"'O
SHEET 2 <~' 2 SHg-L~
LOT
WENTON
V/L. LAG~
(~.s. 30,
J-"C::,
SOUTHE4S~ CORN~
TRACT I, LAKE RAY
NO. O0-~a4.OO~-S~ 2.
EXtHRIT "4" TO THE
CONTRACT FOR SALE AND PURCHASE
LAVER'S RECREATIONAL PROPERTY
CLUB AREA
LEGAL DESCRIPTION:
A PORTION OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LAVER'S DELRAY RACQUET
CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONEv{ENCE AT SOUTHEAST CORNER OF TRACT I, LAKE RAY, ACCORDING TO TI-fiE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON
THE EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER
OF SA.ID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT I, FOR A
DISTANCE OF 265.05 FEET TO THE POINT OF BEGINNTNG; THENCE S87°10'25'W FOR 104,48 FEET; THENCE N19°
59'24"W FOR 22.30 FEET; THENCE S70°00'36'W FOR 153.50 FEET; THENCE N19°59'24"W FOR 5,00 FEET; THENCE S70o
00'36'W FOR 166.20 FEET; THENCE NIg°59'24"W FOR 13.79 FEET; THENCE S80°28'00'W FOR 21.16 FEET; THENCE NI9°
59'24"W FOR I02,87 FEET; THENCE S70°00'36"W FO? 15.22 FEET; THENCE NI4°49'09"W FOR 139.54 FEET; THENCE N34°
16'18'E FOR 106.18 FEET; THENCE N74°25'51"E FOR 1:~2,00 FEET; THENCE Nl 8°42'36"E FOR 87.78 FEET; THENCE N82°
31'18"E FOR 34.49 FEET; TI-~NCE N02°49'35"W FOR 200.03 FEET; THENCE sg0°00'00'E FOR 13.83 FEET; THENCE N02°
49'35"W FOR 102.35 FEET; THENCE N87°10'25"E FOR 143,54 FEET; THENCE N02°49'35"W FOR 87,77 FEET TO A POINT
ON THE SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AS SHOWN ON THE PLAT OF LAVER'S NOR_TH ACCORDING
TO THE PLAT TH]EREOF, AS RECORDED IN PLAT BOOK 43 PAGES 92 THROUGH 94 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; SAiD POINT BEING ON A NON-TANGENT CURVE; SAID POINT BEAR.rNG N04°50'02"E
FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO
THE RIGHT AND CONCAVE TO THE SOUTH, HAVI~G A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 17°59'55''
FOR AN ARC DISTANCE OF 62,83 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A
CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL
ANGLE OF 04°43'53' FOR AN ARC DISTANCE OF 16,52 FEET TO A POINT OF NON TANGENCY; THENCE DEPARTING
FROM SAID SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AND RUN S08°30'00"W FOR 35.30 FEET; THENCE S80°
00'00"W FOR 23.37 FEET; THENCE S09°59'50'E FOR 35,80 FEET; THENCE S02°49'35"E ALONG A LiNE PARALLEL WITH
AND 2.00 FEET WEST OF AS MIEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID TRACT 1 FOR A DISTANCE
OF 348,76 FEET; THENCE N87°I0'25"E 62.00 FEET; THENCE S02°49'35'E ALONG THE EAST RIGHT OF WAY LINE OF
THE ABANDONED A.ND/OR VACATED 60,00 FOOT ROAD RIGHT OF WAY OF JAEGER DRIVE ACCORDING TO OFFICIAL
RECORDS BOOK 3077 AT PAGE 1597 OF TFEE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR A DISTANCE
OF 104.53 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE Ng0°00'00'W ALONG THE SOUTH LINE OF SAID PARCEL
"A" FOR 60.07 FEET TO A POINT ON THE EAST LINE OF SAID TRACT l; THENCE S02°49'35'E ALONG THE EAST LINE
OF SAID TRACT I FOR A DISTANCE OF 223,64 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITH]'N THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 5.601 ACRES MORE OR LESS
SHEET I OF 3 SHEETS
FILE NO, 00-14984oSS1
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
PaLm Beach County
310 Southeast First Street, Suite Four
Delray Beach~ Florida 33483
(561) 243-8700 Local
(561) 243-8777 F~.x
(561) 732-2588 Palm Beach
CERTIFICATE;
[ HE,R. EBY G,ERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF, AND MEETS THE MINIMUM TECFfl~ICAL STANDARDS FOR LAND SURVEYING IN THE
STATE OF FLORIDA, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17-6,
OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AS APPLICABLI
FOR LEGAL DESCRIPTIONS.
HELLER-WEAVER AND CATO, INC.
~LORID^ S~TE
PROFESSIONAL
FLORIDA STATE
~PER
NO. 5118
DATED FEBRUARY 17, 2000
FILE: C :\CA/CE\ 14984\LAKE RAY.PUB
NOTES:
1 .) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT
A SURVEY").
2.) BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRA¥ RACQUET CLUB
ADDITION, PB 42, PO 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35'E.
SHEET 2 OF 3 SHEETS
FILE NO. 00-14984-SS2
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
Palm Beach County
310 Southeast First Street, Suite Four
De[ray Beach, Florida 33483
(561) 243-8700 Local
(561) 243-8777 Fax
(561) 732-2588 Palm Beach
o 15' TENNIS COURT ACC~S ~EM~T(ORB 3505.
P~T BOOK 29, PAGE 61
Cl~ OF DE~Y B~CH ~ SgO'OO'OO'E
PA~ B~CN COUNt, ~ORIDA 13.83 ~1:~ : -
P,B. PLAT BOOK
O.R.B. OFFICIAL. RECOROS BOOK
PG. RAOE(S)
p.s.c. RAud 8C~ON COUN~
A DELTA
TPAOT 1, L~k'r: R
(P.E. 2~. PG. "'
NOT INCLU DF.D
(LAKE RAY PORTION)
CLUB AREA
(CONTAINING 5.601 ACRES MORE OR LESS)
Ngo'oo'OO'W
I
~"'-'.-~ R/W
UNE O?
JAEGER ORIVI[
1~' L.muTY EASEMENT
(P.S. 42, PG.112-113)
SOUTH IrNE
RAROEL "A'. LAVER'E
DEbR~Y RACQUET ADOmON
(P.B. 42, PO. 112-113)
·slOO0
TRACT 1, L~I<E RAY
(.P.E. 29, F'G. 61)
(P,B. 29, PG. 61)
LOI' "D"
WENTON
VILLAGE
(P.B. 5o,
PG...'.3'
BEGINNING
29. PG. 61)
E~IT "5" TO THE
CONTRACT FOR SALE AND PURCHASE
This insu'ument was prepared by
and return to:
R. Brian ShuR, Esq.
200 N.W. Ist Avenue
Delray Beach, Florida 33444
SPECIAL WARRANTY DEED
THIS INDENTURE, made this __ day of , 2000, between CITY OF
DELRAY BEACH, a Florida municipal corporation of the County of PaLm Beach, State of
Florida, whose mailing address is 100 N.W. 1st Avenue, Delray Beach, Florida, 37.~.~.,
grantor*, and THE DELRAY RACQUET CLUB ASSOCIATION, INC, whose mailing
address is 610 Egret Circle, Conference Center, Delray Beach, Florida 334~.~., grantee*.
WITNESSETH that said grantor, for and in consideration of the sum of One Dollar ($1.00)
and other good and valuable considerations to said grantor in hand paid by said grantee, the
receipt whereof is hereby acknowledged, subject to the reservations herein contained, have
granted, bargained and sold to the said grantee, and grantee's successor and assigns forever,
the following described land, situate, lying and being in Palm Beach County, Florida, to-wit:
DESCRIPTION
Attached hereto as Exhibits "1', "2" and "3'
SUBJECT TO Grantor retaining and reserving the following rights and easements:
1. Parking Area Easement
Grantor retains and reserves unto the public, itself, and its successors and
assigns, a non-exclusive easement for ingress, egress and parking, over the
property as shown on Exhibit "1" (the "Parking Area") for a period ending on
99 years from the date of this conveyance. Grantor shall maintain, at its
expense, the Parking Area in the same maimer and to the same extent that it
maintains other public parking lots in the City of Delray Beach. Grantor shall
not be allowed to construct any building or similar structure on the property
shown on Exhibit "1 ".
Grantee shall maintain such insurance coverage for the parking area property as
Grantee in its sole discretion deems appropriate.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that
it has good right and lawful authority to grant the above-described easement and that the same
is unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS #1:
PARTY OF THE FIRST PART
(name printed or typed)
WITNESS #2:
(name printed or typed)
By:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument
· 2000 by
officer or agent) of
(state or place
was
acknowledged before me this day of
(name of officer or agent, title of
(name of corporation acknowledging), a
of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification and did (did not) take an oath.
Signature of Notary Public - State
of Florida
2
, . , . LAVER'S RECREATIONAL PROPERTY
LEGAL DESCRI]~ON:
ACCESS EASEMENT
A PORTION OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLy DESCRIBED AS
FOLL .OWS: ....
COMMENCE AT SoLrrHEAST CORNER OF TKACT I', LAKE RAy, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON
THE EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST ~
OF SAID TRACT 1; THENCE N02o49'35~W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT l, FOR A
DISTANCE OF 265.05 FEET; THENCE S87° 10'25'W FOR 104.48 FEET; THENCE N19o59'24,,W FOR 22.30 FEET; THENCE ST0a
00'36'W FOR 153.50 FEET; THENCE NI9a59'24,,W FOR 5.00 FEET; THENCE S70°
00'36"W FOR 166.20 FEET; T.t~NCE NI9°59'24"W FOR 13.79 FEET; THENCE S80o28'00-W FOR 21.16 FEET; THENCE N19°
59'24"W FOR 102.87 FEET THENCE S70°00'36,,W FOR 15 22 FEET; THENCE N14°49'09-W FOR 139.54 FEET; THENCE N34°
16' 18'qE FOR 106.18 FEET; THENCE N74°25'5 i"E FOR 182.00 FEET; THENCE NIS°42'36"E FOR 87.78 FEET; THENCE N82o
3 l' 18'~ FOR 34.49 FEET; THENCE N02o49'35,,W FOR 200.03 FEET TO THE POINT OF BEGINNYNG; THENCE CONTINUE
N02°49'35"W FOR 61.84 FEET; THENCE N90°00'00,E FOR 13.83 FEET; THENCE S02°49'35"E FOR 61.1M FEET; THENCE S90o
00'00"W FOR 13.$3 FEET TO THE POINT OF BEGINNING.
SA.K) LANDS SITUATE WITHIN THE CITY OF DELRAy BEACH, PALM BEACH COUNTY, FLORIDA.
AND MAPPER . DATED: JULY 11, 2000
"'L~G. NO. 3550
· FILE: MYDOCS/PUBFILES/DELRAY/LAVERS/ACCES S.PUB
NOT~S:
1.)
THIS SKETCH AND
A SURVEY"). LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT
2.)
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PO 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35"E.
SHEET 1 OF 2 SHEETS
FILE NO. 00-14984.001-SS3
Heller-Weaver and Sheremeta, Inc.
Engineers ... Surveyors ... Planners
310 Southeast First S~xeat, Suite Four, Dekay Beach, Florida 33483
Phone (561) 243-8700 · Fax (561) 243-8777
~ EAS~VT
A PORTIONOFTR~CT I. LAK£R~Y
PLAT BOOK 2~o PAGE ~1
CtTY OF DEZ.RAY BEACH
PALM ~ COUNTY, FLORIOA
PC.. PAC~($)
P.B.C. P~4.~ ~CH cou, v'r~
TRACT !, LAKE RAY'
(r-,B 29, PG. ¥',.)
NO! INCLUL?i:L~
PARCEL 'A "
LAVL-R"J DE'LRA'Y
· ~ RACQUET Afl?fiT/ON
(P....~' ~, P(;.
~ · :'
CLUB AREA
(L/tt ,.. .~A ? PORTION.)
N(_)]
£
r_ASCVC,'~T
SHEET 2
LOT
WEN TON
V/LLAG'E
(P.s..'fo.
PG.
EXHIBIT "6" TO THE
CONTRACT FOR SALE AND PURCHASE
LEGAL DESCRIPTION:
LAVER'S RECREATIONAL PROPERTY
ACCESS EASEMENT
A PORTION OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: ....
COMMENCE AT SOUTHEAST CORNER OF TPGkCT [, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECi)RDED
IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON
THE EAST LINE OF SAID TRACT 1 AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SO~AST CORNER
OF SAID TRACT I; THENCE N02o49'35',W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT I, FOR A
DISTANCE OF 265.05 FEET; THENCE S87°10'25'W FOR 104.48 FEET; THENCE N19°59'24"W FOP, 22.30 FEET; THENCE S70o
36 W FOP. 153.50 FEET; THENCE N19°59'24"W FOR 5.00 FEET; THENCE S70°
00'36"W FOR 166.20 FEET; THENCE NI9°59'24"W FOR 13.79 FEET; THENCE S80°28'00"W FOR 21.16 FEET; THENCE N19°
59'24"W FOP. 102.87 FEET; THENCE S70°00'36"W FOP. 15.22 FEET; THENCE N14°49'09"W FOR 139.54 FEET; THENCE N34°
16' 18"E FOP. 106.18 FEET; THENCE N74°25'$ I"E FOR 182.00 FEET; THENCE NI 8°42'36"E FOP. 87.78 FEET; THENCE N82°
N031'IS"E° , FOR, 34.49 FEET; THENCE. N02°49'35"W .... FOR 200.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
24935 W FOR 61.84 FEET, THENCE Ng00000 E FOP, 1383 FEET' HENC,~
00'00"W FOR 13.83 FEET TO TH~ POINT OF BEGINNING. , T
SAID LANDS SITUATE. 'A'IIHIN THE CITY OF DELRAy BEACH, PALM BEACH COUNTY, FLORIDA.
iR-W'I~AV'ER A.N"DfHEREMETA, INC.
3449 ' ·.
AND MAPPER . DATED: .RJLY 11, 2000
FILE: MYDOCS/PUBFILES/DELRAY/LAVERS/ACCESS.PUB
NOTES:
1.)
THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ('THIS IS NOT
A SURVEY").
2.)
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02Mg'35"E,
SHEET I OF 2 SHEETS
FILE NO. 00-14984.001-SS3
Heller-Weaver and Sheremeta, Inc.
Engineers ... Surveyors ... Planners
3 I0 Southeast First Street, Suite Four, Delray Beach, Florida 33483
Phone (561) 243-8700 · Fax (561) 243-8777
A PORTIONOF TR4CT I, I~(EI~Y
PLAT BOOK 29, PAGE 81
C[[Y OF DELRAY BEACH
PG.
R
A
P.O.C.
OP'FICIAL RECORDS BOOK
PALM BEACH COUNTY
R4DIU$
~ ~E
~-OF-~Y
LAV£R'$ nELF~4Y
1~ .
TRACT 1, LAKE RAY ~ ..
~P.B. 29, PG, 6~.)
NOt INCLUL)LL) l~''
(U~KE RAY PORT/ON)
N()i iNCLL/L::ED
ENCR~CHMEttT '--~
,..~¢u,~ ---J _ _ _ ,,~_ j__L ....
r_~sr~z~r 'r%~ ... ~ ~ ....
~L~G'E
..
'
(P.8. 29. ~. 61) ~ ~ ~
(?='.B. 29, P~5. ~l) .
~CT L ~E ~Y (P.a. 29, ~.
EXHIR/T "7" TO ~
CONTRACT FOR SALE AND PURCHASE
LAVER'S RECREATIONAL PROPERTY
ENCROACHMENT EASEMENT
LEGAL DESCRIPTION-:
^ PORTION OF T CT · -.-
OF THE PUBLIC RECORDS OF PALM BEAC~ COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61,
COMMENCE AT SOUTHEAST CORNER OF TRACT I, LAKE RAy, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORII)A, SAID POINT BEING ON
THE EAST LINE OF SAID TRACT 1 AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER
OF SAID TRACT I; THENCE N02°49'35,,W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT 1, FOR A
DISTANCE OF 265.05 FEET; THENCE S87° I0'25"W FOR 104.48 FEET; THENCE N19°59'24"W FOR 22.30 FEET; THENCE S70
BEGINNING. ' o.~¥ ~:T; THENCE S 19 59 24 'E FOR 5.00 FEET TO THE POINT OF
SAID LANDS SITUATE ..WITHIN THE CITY OF DELRAy BEACH,. PALM BEACH COUNTY, FLORIDA.
MAPPER
0
DATED: .FLrLy 11, 2000
FILE: MYDOC S/PUBFILE S/DELRAY/LAVERS/ENCROACHMENT.PUB
NOTES:
1.)
THIS SKETCH AND
A SURVEY"). LEGAL DESCRIFrION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT
2.)
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PO 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35"E.
~HEET 1 OF 2 SHEETS
F1LENO. 00-14984.001-SS5
HeHer-Weaver and Sheremeta, Inc
Engine.s ... Surveyors ... Planners
310 Southeast First Slxeet, Suite Four, Delray Beach, Florida 33483
Phone (561) 243-8700 · Fax (561) 243-8777
o.b.e, o~c~ ~zccwos ~OOK
~. P~.~(s)
~.e.c. P,~.~ e~CH COUNT~
U?ACf !, LAKL NAY
(?.B. .79, PC.. ~.
NOr INCLUDED ._.1
(": B., . . 2.9, 'c,. 6'1)
LOT "D"
WEN ION
WLLAGE
(,=. B.
PG. 35~
EXIHRIT "8" TO THE
CONTRACT FOR SALE AND PURCHASE
Prepared by: RETURN:
Susan A. Ruby, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 334~4
EASEMENT DEED
THIS INDENTURE, made this day of , 2000, by and between
DELRAY RACQUET CLUB ASSOCIATION, INC., with a mailing address of 610 Egret
Circle, Delray Beach, FL 334~.~, party of the first part, and the CITY OF DELRAY
BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33~.~?., a
municipal corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETI-I: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and easement for a 99 year period from the date of this easement deed for the purpose of:
ingress/egress under, across, through and upon, over, under or within the following described
property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A'
Concomitant and coextensive with this right is the further right in the party of the
second party, its successors and assigns, of ingress and egress over and on that portion of land
described above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and
reservations of record. That the party of the ftrst part agrees to provide for the release of any
and all mortgages or liens encumbering this easemem. The party of the first part also agrees
to erect no building or effect any other kind of construction or above ground improvements
upon the above-described property.
Tennis Court Easement
Grantor retains and reserves unto the public, itself, its successors and assigns, a
non-exclusive easement for the use of the tennis courts as shown on Exhibit
"2", (the "Tennis Court Property"), for a period of 35 years from the date of
this conveyance, subject to the following terms and conditions:
Grantee shall:
(A) Have its members, who desire to use the tennis facilities, pay
membership fees to the Grantor for the use of the tennis courts
located on the Tennis Court Property and at the Delray Beach
Tennis Center, and the 14 tennis courts located on the property
described in Exhibit "4" to this conveyance. The fees for such
use shall be set by the Grantor in its sole discretion and shall not
exceed the fees charged to the general public or other Grantor's
residents. Grantee is not responsible for payment of said fees.
(B) Not rent, lease or any way charge or collect fees for the use of
the Tennis Court Property.
(c)
Allow the Grantor to use and license the use of the Tennis Court
Property upon terms and conditions that are mutually agreeable
to both parties. The Grantee and the Grantor shall have the
right, in either Party's sole discretion, to prevent the other Party
from licensing the use of the Tennis Court Property to another
person or entity for unrelated non-public events.
(D)
Allow the Grantor to control the use, maintenance, administration
and reservation of the Tennis Court Property in the same manner
and to the same extent as provided for the other tennis facilities
owned by the Grantor.
(E)
Allow the Grantor to use or book the tennis courts located on the
Tennis Court Property that have been previously booked by
Grantee's members, but, when the Grantee's member has failed
to show at the appropriate time and use the court.
Maintain such insurance coverage for the tennis court
property as it deems appropriate in its sole discretion.
2
Grantor shall:
(A)
Maintain, operate, administer, equip and refurbish the Tennis
Court Property in the same manner as it maintains and
administers the Club Property and the Delray Beach Tennis
Center. Maintenance shall include the Grantor providing water
for the upkeep of the tennis courts on the Tennis Court Property.
Maintenance excludes the (i)installation or maintenance of any
lighting on the Tennis Court Property, and (ii)landscaping within
and around the Tennis Court Property.
(B)
Not install any lighting on the Tennis Court Property and only
allow use of the tennis courts located thereon during daylight
hours and not after dusk.
(c)
Split the tennis membership fees received by the Grantor from
the members of the Grantee on a per annum basis, 50/50 with the
Grantee when the fees received are $20,000.00 (per annum) or
less, above $20,000.00 (per annum) the fees will be split such
that the Grantor receives 65 % of the fees and the Grantee shall
receive the remaining 35 %. The membership fee split set forth
in this subparagraph applies to either tenants or owners, but not
both.
Allow individual Grantee members to book the tennis courts,
located on the Tennis Court Property, up to 6 months in advance
of the scheduled date through the Grantor; provided, however, if
the booked courts are unused, the Grantor may allow non-
members of Grantee, other Grantee members or the public, to
use the courts for the unused time period.
Ingress/Egress Easement
Grantor retains and reserves unto the public, itself, and its successors and
assigns, a non-exclusive easement for ingress and egress over the entire
property as shown on Exhibit "3" (the "Ingress/Egress Property"), for a period
of 99 years from the date of this conveyance. Grantor shall not maintain this
property.
Grantee shall maintain such insurance coverage for the property described in
Exhibit "3" as it deems appropriate in its sole discretion.
3
4. Right of First Refusal
Any future conveyance by Grantee of the property described in Exhibits "1" and "2"
shall be subject to a right of first refusal in favor of the Grantor governed by the
following terms and conditions:
In the event Grantee receives a bona-fide offer to purchase the property described on
Exhibits' "1' and ~2', or any part thereof, in an arms-length transaction ("Offer~)
which Grantee wishes to accept, the Grantor shall have a first right of refusal to
purchase such property upon the same terms and conditions contained in the Offer. In
the event of the receipt of an Offer, Grantee shall present to the Grantor a true copy of
the Offer which Grantee intends to accept. Upon Grantee's delivery of the Offer to
Grantor, Grantor shall have thirty (30) days thereafter within which to elect to exercise
its right of first refusal by the delivery of written notice to Grantee of its exercise of or
its intent not to exercise its right of first refusal to the property in accordance with the
terms and conditions contained in the Offer and this Section. The closing between
Grantee and Grantor under the first refusal shall occur within thirty (30) days following
the Grantor's timely exercise of its right of first refusal. In the event the Grantor fails
to timely exercise its first right of refusal, the right of refusal shall terminate and
Grantee shall be free to close under the Offer pursuant to the terms of the Offer. In the
event the offer is for less than all of the property, this right of first refusal shall
continue as to the remainder of the property.
5. Taxes or Assessments
Grantee, or its successors, shall at all times be responsible for the payment of any and
all taxes or assessments that may be assessed against the property by any governmental
agency from the date that this instrument is recorded and thereafter. This includes any
taxes or assessments that may result from the Grantor's use of the property.
Grantor covenants that the premises are free from all encumbrances made by grantor, and
grantor does bind grantor, and grantor's heirs, successors, and assigns to warrant and forever
defend the title to the property to the grantee above named and grantee's heirs, successors and
assigns, against every person lawfully claiming the property, or any part thereof, by, or under
the grantor, but not otherwise.
*"Grantor and '~.ranme" arc used for singular or plural, a~ con~xt requires.
4
IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year
first above written.
Signed, sealed and delivered in our presence: CITY OF DELRAY BEACH, FLORIDA
By:.
Print Name:
David Schmidt, Mayor
Print Name:
ATTEST:
By:.
City Clerk
Approved as to Form:
By:.
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
, 2000, by David Schmidt, Mayor for the City of Delray Beach, a
Florida corporation, on behalf of the corporation. He is personally known to me or has
produced as identification.
Signature of Notary Public
5
EXI-IIRIT "9" TO THE
CONTRACT FOR SALE AND PURCHASE
Prepared by: RETURN:
Susan A. Ruby, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 37.~.~.
EASEMENT DEED
THIS INDENTURE, made this __ day of ,2000, by and between
DELRAY RACQUET CLUB ASSOCIATION, INC., with a mailing address of 610 Egret
Circle, Delray Beach, FL 33~.~.~., party of the first part, and the CITY OF DELRAY
BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 37.~.~., a
municipal corporation in Palm Beach County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and easement for a 99 year period from the date of this easement deed for the purpose of:
providing easement rights to a certain encroachment and with full right and liberty to maintain,
repair and modify any improvements existing thereon, transverse under, across, through and
upon, over, under or within the following described property located in Palm Beach County,
Florida, to-wit:
DESCRn~ION
See Exhibit "A'
Concomitant and coextensive with this right is the further right in the party of the
second party, its successors and assigns, of ingress and egress over and on that portion of land
described above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and
reservations of record. That t.he party of the first part agrees to provide for the release of any
and all mortgages or liens encumbering this easement. The party to the first part also agrees
to erect no building or effect any other kind of construction or above ground improvements
upon the above-described property.
Party of the futst part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that
it has good right and lawful authority to grant the above-described easement and that the same
is unencumbered. Where the context of this Easement Deed allows or permits, the same shall
include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS #1:
PARTY OF THE FIRST PART
(name printed or typed)
WITNESS #2:
(name printed or typed)
By:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was
,2000 by
officer or agent) of
(state or place of
acknowledged before me this day of
(name of officer or agent, title of
(name of corporation acknowledging), a
incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification and did (did no0 take an oath.
Signature of Notary Public - State
of Florida
2
LAVER'S RECREATIONAL PROPERTY
ENCROACHMENT EASEMENT
LEGAL DESCRIPTION:
A POR ON OF m CT I, '
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT SOIfrHEAST CORNER OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON
THE EAST LINE OF SAID TRACT 1 AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST.
OF SAID TRACT 1; THENCE NO2O49,35,,W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT 1, FOR A
DISTANCE OF 265.05 FEET; THENCE S87o10'25-W FOR 104.48 FEET; THENCE Nlgo$9'24,'W FOR 22.30 FEET; THENCE S70°
00'36'W FOR 153.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S70o00'36-W FOR 6.97 FEET; THENCE
NIg°59'24"W FOR 5.00 FEET; THENCE NT0O00,36-E FOR 6.97 FEET; THENCE S19°59'24-E FOR 5.00 FEET TO THE POINT OF
BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
MAPPEI~
0
DATED: JULY 11, 2000
FILE: MYDOCS/PUBFILES/DELRAY/LAVERS/ENCROACHMENT.PUB
NOTES:
l.)
ATHIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARy SURVEY ("THIS IS NOT
sURvEy-,).
2.)
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'3Y'E.
;HEET 1 OF 2 SHEETS
FILE NO. 00-14984.001-SS5
Heller-Weaver and Sheremeta, Inc,
Engineers ... Surveyors ... Planners
310 Southeast First Street, Suite Four, Dekay Beach, Florida 33483
Phone (561) 243-8700 · Fax (561) 243-8777
o~Tct~. ~cco~o$
~c.c($)
P.O.C.
POINT OF COMMENCEMENT
FaOIN'r 0,r BEGINNING
NOT INCLUDED ~.o~ ..
LOT "D"
WE)I!;rON
V;LLAGE
('P.B.
PG. 33"
NOI'
(~.~. ~. ~.~.
$OUTHE4ST CORNER
TR4CT ~, be, KE IB4Y
NOT MCLUDED
· .'m ~ . LOT
~'~ ~ c~ ~. W~IVT, gN
', ~ I>' e, VILLAGE
I. ~:', CP.B. 30,
k,.~, 35"
NOI iNOLLIDLD
(P.e. 29, PG.
n~z mo. oo-~a~.oo~-ss £
EXHrRIT "1" TO THE
SPECIAL WARRANTY DEED
-EGAL~DESCRIPTION:
LA',' LN~ RECREATIO~NAL PROPERTY
PARKING AREA
t. PORTION OF PARCEL "A', LAVER'S DELRAy RACQUET CLUB ADDITION, ACCORDrNG TO THE PLAT THEREOF,
),ECORDED rN PLAT BOOK 42, AT PAGES 112 AND 113, OF THE PUBLIC KECORD OF PALM BEACH COUNTY,
,fORE PARTICULARLY DESCRIBED AS FOLLOWS:
:OMMENCE AT SOUTHEAST CORNER OF TRACT I, LAKE RAy, ACCORDING TO THE PLAT THEREOF, AS RECORDED
'LAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE
!AST L/NE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF
'PACT I; THENCE N02°49'35-W TANGENT TO SAID CURVE ALONG THE EAST BOUNDARY OF SAID TRACT 1,
)ISTANCE OF 488.69 FEET TO A POINT ON THE SOUTH LINE OF PARCEL ~A", LAVER'S DELRAY RACQUET
dDDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES 112 AND 113 OF
'UBLIC RECORD OF PALM BEACH COUNTY, FLORIDA; THENCE S 90°00'00" E ALONG SAID SOUTH LiNE OF PARCEL
OR A DISTANCE OF 60.07 FEET; THENCE N02o49,35-W ALONG A LINE PARALLEL WITH AND 60.00 FEET EAST OF AS
[EASUR.ED AT RIGI-rI' ANGLES TO THE WEST LINE OF SAID PARCEL "A" SAID LINE ALSO BEING THE EAST RIGHT OF
CAY LINE OF THE ABANDONED A.ND/OR VACATED 60.00 ROAD PdGHT OF WAY' OF JAEGER DPJVE ACCORDING TO
~FFICIAL RECORDS BOOK 3077 AT PAGE 1597 OF I';IE PUBLIC RECORD OF PALM BEACH COUNTy, FLORIDA FOR A
,ISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N02o49,35,,W ALONG THE AFORESA/D
~ESCRIBED LINE FOR A DISTANCE OF 84.51 FEET; THENCE S87o 10'25"W FOR t 8.00 FEET; THENCE N02°49'35,,W FOR 32.00
EET; THENCE N87oI0,25,,E FOR 20.00 FEET; THENCE Sg0o00'00-E FOR 27.05 FEET; THENCE N00o00,00-E FOR 13.57 FEET
HENCE Sg0o00,00-E FOR 104.10 FEET; THENCE N00o00,00-E FOR 54.80 FEET; THENCE S90o00'00-E2fOR 85.94 FEET;
HENCE N00o00,00-E FOR 53.59 FEET; THENCE N00oi4,49-E FOR 30.57 FEET; THENCE sg0o00,00-E FOR 16.35 FEET;
HENCE S00o00'00-W FOR 268.99 FEET; THENCE N90o00,00-W ALONG A L/NE PARALLEL WITH AN 20.00 FEET NORTH AS
~EASURfD AT RIGHT ,auN'GLES TO THE SOUTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 229.83 FEET TO
)INT OF BEGINNING.
3NTAINING 0.860 ACRE MORE OR LESS.
~,ID LANDS SITUATE WITHIN THE CITY OF DELRAy BEACH, PALM BEACH COUN'I~, FLOR/DA.
~RTIFICATE:
Tr..S:
TP~S S ~¢~-rCH AND LEGAL DESCPJPTION DOES NOT I~PR~ ENT A FIELD BOUNDARy S URV'~ ("TEI$ rs NOT A SURVEY').
BEARINGS SHOVfl4 H~ON XFER TO T~ EAST LINE OF THE PLAT
I{AVING AN A~SU~rpD BF.A. PJNG OF S02~49'35-E. OF LAVER'S DELR.Ay I~ACQUET CLUB ADDITION, PB 42, ~G 112 & ! !3,
EET I OF 2 SHEETS
FILE NO. 00-14984-SS4
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
Palm Beach County
3 I0 Southeast First Street, Suite Four
Deb-ay Beach, Florida 33483
(561) 243-8700 Local
(561) 243-11777 Fax
(561) 732-2588 Palm Beach
'10'25"W
PA C.L',H ,..C:T aor. qTIO N
'~.D. ~S, PG. I ;Z-~
SgO'OO'O0'E: 85,94
$90'00'00'E 10~.10
PARKING ARl-I-~
(CONTAINING 0.~,~0 ACRES MORE OR LESS)
1~' Ullt. JTY EASEMENT
(P.B.42. PG.112--115)
- 20'
~ POINT OF'
COMMENCEMENT;
....... $ou'nH~':~'T CORNE~
TRACT I. LAJ(E RAY
(P.B. 29. PG. 61)
HE:ET 2 OF* 2 SHEETS
P.~'CEL 'A', LAYEr'S
D~3..RAY RACOUE"r N:~0mON
(P.g. 42. ~. 112--113)
LOT "D"
WENTON VILLAGE
30, pc.,. 33~
P.B. pLAT BOOK
O.R.;L OF*F'IC~U. R£COROe; BOOK
PO. PAC£(S)
P.B.C. PAlM BEACH COUNI~
A D~TA
A ~C OI~CE
~ RIG~--0F-WAY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF PARCEL "A",
LAVER'S DE!.RAY RACQUET ADDITION
(PLAT BOOK ~.2, PAGES 112 AND 115)
CITY OF' DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
NO. 00--I~g84-$$ ~
EXHIBIT "2" TO THE
SPECIAL WARRANTY DEED
LEGAL DESCRIPTION:
LAVER'S RECREATIONAL PROPERTY
TENNIS COURT AREA
A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 42, AT PAGES 1 [2 AND 113, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMiMENCE AT SOUTHEAST CORNER OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED
PLAT BOOK '-9 AT PAGE 6,, OF THE PUBUC RECORDS OF PALM BEACH COU~T~, FLO~DA, SaID POn BEING
ON THE EAST Lr~ OF S~D T~CT, ~ ~o t~ ~o~ o~ r~o~cv o~ ~ c~
CO~R OF S~O T~CT l; T~NCE N02o49'~5-W T~GENT TO S~D C~ ~ONG ~ EA
X~ D[ST~CE OF 488.69 FEET TO A PO~ ON T~ SO~H L~ OF P~CEL A, LA~R*S DEL~y
~u~ r ~L~ ~D[TION ACCO~G TO ~ PLAT T~OF, AS ~CO~ED ~ PLAT BO
~ ~-, ~ r~ES 112
~ 11~ OF T~ P~LIC ~CO~ OF P~M BEACH CO~Y, FLO~DA; T~NCE S 90~00'00'' E ~ONG S~D SO~H
~ OF P~CEL "A" FOR A DISTANCE OF 288.9~ FEET; T~NCE N00o00'00"E FOR 29.00 FEET TO T~ PO~ OF
~EG~G; T~NCE CO~ N00°00'00"E FOR 259.99 FEET; ~CE S90~00'00"E FOR ~01.00 ~ET; T~NCE S00o
)0'00"W FOR 259.99 FEET; T~NCE N90°00'00"W ALONG A L~ P~LEL ~TH ~ 29.00 FEET NOR~ AS
~AS~D AT ~G~ ~GLES TO T~ SO~H L~ OF SA~ P~CEL "A" FOR A DIST~CE OF 301.00 FEET TO T~
~O~ OF BEG~G.
~ONTA/NING 1.800 ACRES MORE OR LESS
;AID LANDS .SITUATE WITHIN TH]E CITY OF DELRAY BEACH, ~ALM BEACH COUNTY, FLORIDA.
.'ERTIFICATE;
HEREBY CERii~'Y' THAT TI{IS SKETCH A.ND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
2qOWLEDGE AND BELIEF, AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE
;"~AT~OFFLFoLOi~DR.~A .A-,_A. S~..S..E_T~F0_RTH BY THE FLORIDA BOARD OF' SURVEYORS .AND MAPPERS [lq CHA.PTER 6,GI 7-f,
~u.%tu,~. ,a~L~MI.NI'-, i .R. ATIV~ CODE, PURSUANT TO SECTI
OR LEGAL DE$CRIFrIONS. ~,~,~ ,.t~.u4z rLU~A ~^ t LrFI~S, AS APPLICABLE
OTES:
THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOq
A SURVEY").
BEARFNGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35"E.
tEET I OF 2 SHEETS
FILE NO. 00-14984-SS6
Ieller-Weaver and Cato, Inc.
Engineers .. Surveyors
Palm Beach County
310 Southeast First Street, Suite Four
DeLray Beach, Florida 33483
(561) 243-8700 Local
(561) 243-8777 Fax
(561) 732-2588 Palm Beach
NOO'OO"OO"W
29.00'
S 90'00'00' E
301.00'
· TENNIS COURT AREA
(CONTAINING1.800 ACRES MORE OR LESS)
288.91'
sg~o0'o0'E
POINT OF
. COMMENCEMENT;
~' $OUTH[~ST CORNE~
TRACT I. LAKE RAY
(P.m. 29. PG. S0
;HEET 2 OF 2 SHEETS
14' L~UTY EASEMENT
(P.B.42, PG. 112--115)
15' UTILr~Y
(~.a.~o.
~01.00'
LOT "D"
WENTON VILLAGE
30 PG.
P.B.
PG.
A
A
PLAT BOOK
omc~. e[coeos BOOK
P~OE(S)
P,N..M BEACH COUNTY
1~I4:)IUS
DELTA
ARC OISTNflCE
RIGHT--OF--WAY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF' PAJ~CEL "A'.
LAV~R'S OE~AY RACQUET ADDITION
(PLAT BOOK 4.2. PAGES 112 AND 113)
cFrY OF DE[RAY BEACH
PALM BEACH COUN'I~. FLORIDA
EXHIBIT "3" TO THE
SPECIAL WARRANTY DEED
.... , LAVER'S RECREATIONAL PROPERTY
LEGAL DESCRIPTION:
PROPERTY TRANSFER
A PORTION OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LAVER'S DELRAY RACQUET
CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT SOUTHEAST CORNER OF TRACT 1, LAKE RAy, AccoRDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON
THE EAST LINE OF SAID TRACT 1 AND BEING THE POINT OF TANGENCY OF A CURVE IN THE
OF SAID TRACT 1; THENCE N02°49'35"W TANg-c,, ........... SO~AST CORNER
~,-,,'-~.~', ~ ~ u ~u.~ ~;ul<Vl/ALONG THE EAST LINE OF SAID TRACT 1, FOR A
DISTANCE OF 265.05 FEET; THENCE S87°10'25-W FOR 104.48 FEET; THENCE NIg°59'24,,W FOR 22.30 FEET; THENCE S70~
00'36"W FOR 153.50 FEET; THENCE N19o59,24,,W FOR 5.00 FEET; THENCE S70°00'36',W FOR 166.20 FEET; THENCE N19o
59'24'W FOR 13.79 FEET; THENCE S80°28'00,,W FOR 21.16 FEET; THENCE N19°59'24-W FOR 102.87 FEET; THENCE S70~
00'36'W FOR 15.22'FEET; THENCE NI4°49'09-W FOR 139.54 FEET; THENCE N34~16'IS,,E FOR 106.18 FEET; THENCE N74o
25'51"E'FOR 182.00 FEET; THENCE N18°42'36,~ FOR 87.~8 FEET; THENCE N82°31'lS"E FOR 34.49 FEET; THENCE N02~
49'35"W FOR 200.03 FEET; THENCE Sg0o00,00-E FOR 13.83 FEET; THENCE N02o49'35,,W FOR 102.35 FEET; THENCE N87~
10'25~E FOR 143.54 FEET; THENCE N02o49'35,,W FOR '~. .......... .
PLAT OF LAVER'S NORTH ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43 PAGES 92
.THROUGH 94 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID POINT BEING ON A NON-
TANGENT CURVE; SAID POINT BEARING N04°50'02,'E FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE;
THENCE EASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE SOUTH, HAVING A RADIUS
OF 200.00 FEET AND A CENTRAL ANGLE OF 17°59'55" FOR AN ARC DISTANCE OF 62.83 FEET TO A POINT OF REVERSE
· ,,,.,,,-~, ~u,~uat~ ur 04 43 53 FORAN ARC DISTANCE OF 16.52 FEET TO A
POINT OF NON TANGENCY; THENCE DEPARTING FROM SAID SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AND
RUN S08°30'00'W FOR 35.30 FEET; THENCE SS0°00'00.W FOR 23.37 FEET; THENCE S09°59'50-E FOR 13.82 FEET; THENCE
S87°10'25"W FOR 46.71 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE W1THIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 0. 100 ACRE MORE OR LESS
MAPPER
0
DATED: JULY 17, 2000
FILE: ~C S/PUBFI!~E S/DELRAY/LA VERS/DEEDXFER. PUB
NOTES:
1.)
z.)
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAYER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35"E.
SHEET I OF 2 SHEETS
FILE NO. 00-14984.001-SSl
Heller-Weaver and Sheremeta, Inc,
Engineers ... Surv~/ors ... Planners
3 I0 Southeast First Su'eet, Suite Four, Delray Beach, Florida 33483
Phone (561) 243-8700 · Fax (561) 243-8777
EXHIBIT "4" TO THE
SPECIAL WARRANTY DEED
LAVER'S RECREATIONAL PROPERTY
CLUB AREA
LEGAL DESCRIPTION:
A PORTION OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LAVER'S DELRAY RACQUET
CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113, OF
THE PUBLIC KECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COM34ENCE AT SOUTHEAST CORNER OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON
THE EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER
OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAiD CURVE ALONG THE EAST LINE OF SAID TRACT 1, FOR A
DISTANCE OF 265.05 FEET TO THE POINT OF BEGINNTNG; THENCE S87°10'25'W FOR 104.48 FEET; THENCE NI9°
59'24"W FOR 22.30 FEET; THENCE S70°00'36"W FOR 153.50 FEET; THENCE NI9°59'24"W FOR 5.00 FEET; THENCE S70o
00'36"W FOR 166.20 FEET; THENCE NI9°59'24"W FOR 13.79 FEET; THENCE S80°28'00"W FOR 21.16 FEET; THENCE NI9o
59'24'W FOR 102.87 FEET; THENCE S70°00'36'W FO~ 15.22 FEET; THENCE NI4°49'09"W FOR 139.54 FEET; THENCE N34°
I6'18"E FOR 106.18 FEET; THENCE N74°25'51"E FOR I S2.00 FEET; THENCE N18°42'36"E FOR 87.78 FEET; THENCE N82o
31'18"E FOP, 34.49 FEET; THENCE N02°49'35"W FOR 200.03 FEET; THENCE S90°00'00"E FOP, 13.83 FEET; THENCE N02°
49'35"W FOR 102.35 FEET; THENCE N87°I0'25"E FOR 143.54 FEET; THENCE N02°49'35"W FOR 87.77 FEET TO A POrNT
ON THE SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AS SHOWN ON THE PLAT OF LAVEP,'S NORTH ACCORDING
TO THE PLAT THEREOF, AS RECORDED l'N PLAT BOOK 43 PAGES 92 THROUGH 94 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLOR/DA; SAID POINT BEING ON A NON-TANGENT CURVE; SAID POINT BEARING N04°50'02"E
FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO
THE RIGHT AND CONCAVE TO THE SOUTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 17°59'55''
FOR AN ARC DISTANCE OF 62.83 FEET TO A POINT OF REVEKSE CURVATURE; THENCE EASTERLY ALONG A
CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH, HAVING A RADIUS OF 200.00 FEET .6aND A CENTRAL
ANGLE OF 04°43'53'' FOR AN ARC DISTANCE OF 16.52 FEET TO A POINT OF NON TANGENCY; THENCE DEPARTING
FROM SAID SOUTH RIGHT OF WAY LFNE OF EGRET CIRCLE AND RUN S08°30'00"W FOR 35.30 FEET; THENCE S80°
00'00"W FOR 23.37 FEET; THENCE S09°59'50'E FOR 35.80 FEET; THENCE S02~49'35"E ALONG A LINE PARALLEL WITH
AND 2.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF SAID TRACT 1 FOR A DISTANCE
OF 348.76 FEET; THENCE Ng7°I0'25"E 62.00 FEET; THENCE S02~49'35"E ALONG THE EAST RIGHT OF WAY LINE OF
THE ABANDONED AND/OR VACATED 60.00 FOOT ROAD RIGHT OF WAY OF JAEGER DRIVE ACCORDING TO OFFICIAL
RECORDS BOOK 3077 AT PAGE 1597 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FOR. A DISTANCE
OF 104.53 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42 AT PAGES 112 AND 113 OF THE PUBLIC
RECORDS OF PALM BEACH COLrNTy, FLORIDA; THENCE N90°00'00"W ALONG THE SOUTH LINE OF SAID PARCEL
"A" FOR. 60.07 FEET TO A POINT ON THE EAST LINE OF SAID TRACT 1; THENCE S02°49'35"E ALONG THE EAST LINE
OF SAID TRACT I FOR A DISTANCE OF 223.64 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHTN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 5.601 ACRES MORE OR LESS
SHEET I OF 3 SHEETS
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
FILE NO. 00-14984-SS1
Palm Beach Count,/
310 Southeast First Sn'eet, Suite Four
Deli'ay Beach, Florida 33483
(561) 243-8700 Local
(561) 243-8777 Fox
(561) 732-2588 Palm Beach
CERTIFICATE;
[ HE,REBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF M~
KNOWLEDOE AND BELIEF, AND MEETS THE MINIMUM TECI-flxfICAL STANDARDS FOR LAND SURVEYING IN THE
STATE OF FLORIDA, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17-6,
OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AS APPLICABLE
FOR LEGAL DESCRIPTIONS.
HELLER-WEAVER AND CATO, INC.
FLORIDA S,,7~TE LE
FLORIDA STATE R~
~PER
NO. 5118
DATED FEBRUARY 17, 2000
FILE: C:\CAICE\ 14984kLAKERAY. PLrB
NOTES:
I.)
TfflS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVE~'ff ("THIS IS NOT
A SURVEY").
2.)
BEARfNGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARfNG OF S02°49'35'E.
SHEET 2 OF 3 SHEETS
FILE NO. 00-14984-SS2
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
Palm Beach County
310 Southeast First Sweet, Suite Four
Deiray Beach, Florida 33483
(561) 243-8700 Local
(56l) 243-8777 Fax
(561) 732-2588 Palm B~ach
SK[TCH TO ACCOMPANY LEGAL OESCRIPT10~
A PORTION OF' TRACT 1, LAKE RAY
PLAT BOOK 29, PAGE: 61
CFPI' OF' D£L~Ay BEACH
PALM BEACH COUN~. FLORIDA
15' TENNIS COURT ACCESS --
.... [ASE~NT(O~B
RAGE(S)
RA~US
2~. ;G.
NOT INCLLJI')FO
A,
2*.--
e' UTIU~ EASEMENT
(P.e. 2B. PACE el)
CLUB AREA (LAKE RAY PORTION)
(C0NTAJNING 5.601 ACRES MORE: OR LESS)
'P.E. 2'2. F'G. 61)
N,.., ~
23,3T
(P.B. 29, PG. 61)
UNE OF'
lo
Ngo'oo'oo'W )
POINT OF
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM 10. O. - REGULAR MEETING OF_IlJLY 25. 2000
RESOLUTION NO. 57-00 (STORMWATER UTILITY SYSTEM)
DATE: JULY 21, 2000
In accordance with Chapter 56, "Stormwater", of the City Code, Resolution No. 57-00 establishes the
budget for the stormwater utility system, establishes the rates for FY 2001 stormwater management
assessments, and certifies and adopts the stormwater management assessment roll. Prior to
consideration, a public hearing is requited.
The assessment is proposed at the rate of $4.50 per month per Equivalent Residential Unit (ERU), for
a total annual assessment of $54.00 per ERU. This is the same as the current year assessment.
Property owners within the Lake Worth Drainage District are given a 25% discount. A separate 25%
discount is given to owners of property served by private drainage systems.
The proposed budget for the stormwater utility fund is incorporated in Resolution No. 57-00 as
Exhibit "A". The rate structure with condominium factors is attached to the resolution as Exhibit
'qB". The assessment roll will be available for review in the Commission Chambers at the July 25a
meeting.
Recommend approval of Resolution No. 57-00.
Ref:Agmemol 9.Res57-00.Stormwater
RESOLUTION NO. 57-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING A BUDGET FOR THE
STORMWATER UTILITY SYSTEM; ESTABLISHING RATES FOR
STORIvlWATER MANAGEMENT ASSESSMENTS FOR EACH PARCEL
WITHIN THE BENEFITED AREA, OTHER THAN NON-ASSESSED
PROPERTY; PROVIDING FOR A PUBLIC HEARING, AIJ. IN
ACCORDANCE WITH CHAPTER 56 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, AND
RELEVANT STATUTORY AUTHORITY; PROVIDING FOR THE
CERTIFICATION AND ADOPTION OF THE STORIVlWAT£R
ASSESSMENT ROLL.
WHEREAS, the City Commission of the City of Delray Beach, Florida, did, on July 6, 1990,
adopt Ordinance No. 21-90 which provides for the creation and establishment of a City-wide Stormwater
Management System; and
WHEREAS, the City Commission of the City of Delray Beach did, on April 27, 1993, adopt
Ordinance No. 35-93 which amended Chapter 56 of the Code of Ordinances of the City of Delray Beach to
provide for the method of establishing and collecting Stomawater Management Assessments; and
WHEREAS, the statutory authority for the creation and implementation of Ordinance No.
21-90, as amended, is predicated on Article VIII, Section 2(b) of the Florida Constitution; Chapter 166,
Florida Statutes, as amended and supplemented; Section 403.0893, Florida Statutes, as amended and
supplemented; Chapter 197, Florida Statutes, as amended and supplemented; the City Charter of the City of
Delray Beach, Florida; and other applicable provisions of law; and
WHEREAS, the City Commission of the City of Delray Beach has found that owners,
tenants and occupants of property within the geographical boundaries of the City w/Il derive a special
benefit from the effective management of stormwater and other surface water and from the operation,
naaintenance and expansion of the stormwater management system; and
WHEREAS, Chapter 56 of the City Code establishes that the rate for stotmwater
management assessments for each parcel within the benefited area, other than with respect to non-assessed
property, shall be established each year by resolution of the City Commission; and
WHEREAS, Chapter 56 of the City Code provides that such rate resolution shall not be
adopted prior to the establishment of an operational budget for the system or prior to conducting a rate
heating as required by applicable hw; and
WHEREAS, Chapter 56 of the City Code provides that such budget shall include, but not be
limited to, a capital element, a debt service clement and an Operation and Maintenance clement and fmrther
requkes that the ratb heating and rate resolution shall clearly establish what ponfion of the stonnwater
management assessment reflects the capital element, the debt service element, if any, and the Operation and
Maintenance element; and
WHEREAS, a budget of operation for the year encl~ September 30, 2001, is set forth in
Exhibit "A" and is established in conformity with the requirements of Ordinance No. 21-90, as amended,
and Chapter 56 of the Code of Ordinances of the City of Delray Beach; and
WHEREAS, billing and collection of the stomawater man.gement assessment shall be
accomplished utilizing the .nifo~m method of conection; and
WHEREAS, a rate for stonnwater management assessments for the various classes of
property (other than non-assessed property) within the benefited axea shall be calculated as provided in
Chapter 56 of the City Code, and as further set forth in Exhibit "B" to this resolution; and
WHEREAS, a public hearing on this resolution setting the rates and adopting the budget
and for the purposes of adopting and cex~ifying a stotmwater assessment roll was duly noticed; and
WHEREAS, the City, upon adoption of the budget and rates, shall review the stormwater
assessment roll to determine its conformity with the proposed rate resolution and ff upon the completion of
such review the City shall be satisfied that the Stormwater Management Assessment Roll has been prepared
in conformity with the proposed rate resolution, it shall adopt said resolution and ratify and confirm the
Stormwater Management Assessment Roll and certify that the Stormwater Management Assessment Roll is
correct and proper and is to be used in collecting the stomawater management assessments. Thereafter, the
City Commission, if no objections are made by persons affected by the assessment roll at the public heating
or if objections having been made axe deemed insufficient by the City Commission, shall thereupon adopt
the assessments as shown by the Assessment Roll; and
WHEREAS, the owner of each parcel within the benefited area for which a stomawater
assessment is levied shall thereafter be responsible for payment therefor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission does hereby adopt the aforementioned preamble in its
entirety.
Section 2. That the City Commission does hereby adopt, after public hearing; the budget
as established in Exhibit "A" hereto which is incorporated herein.
- 2 - Res.No.57-00
Section 3. That the City Commission does hereby adopt, after public heating, the rates as
set fozth in Exhibit "B" hereto which is incorporated herein.
Section 4. That the City Commission hereby adopts and cecdfies the Stormwater
Management Assessment Roll.
PASSED AND ADOPTED in reg-hr session on this the 25e~ day of July, 2000.
MAYOR
ATrEST:
/ City Clerk~ ' ' r
- 3 - Res.No.57-00
Exhibit "A"
FY 2000-01
FUND 448 STORMWATER UTILITY FUND
Dcpt 54 Stormwater Utility
Div 11 Administration
12-10 Regular Salarfes/Wages
21-10 Employer FICA
22-10 ICMA Contribution
23-10 Life Insurance
23-20 Disability Insurance
23-30 Health Insurance
24-10 Workers' Compensation
25-10 Unemployment Compensation
25-20 Employee Assistance Program
* PERSONAL SERVICES
31-30 Engineering/Architect
32-10 Audit/Acconnting Fees
40-10 Travel and Training
41-10 Telephone Expense
42-10 Postage
43-50 Sto~ re,hater Charges
44-30 Equipment Rental/Lensa
44-45 Vehicle Rental - Garage
45-10 General Liability
46-30 Vehicle Maintenance - Garage
46-90 Other Repair/Maintonance Costs
49-22 Share of Administrative Expense
49-90 Other Current Charges
51-10 Stationery/Paper/Forms
51-20 Office Equipment < $750
51-25 Sot~vare < $750
51-90 Other Office Supplies
52-10 Fuel/Lube Vehicles
52-22 Uniforms/Linen Service
54-30 Training/Education Costs
* OPEIMT1NG EXPENSES
91-01 Transfer to General Fund
* NON-OPERATING EXPENSES
** ADMINISTRATION
Mallager's
Recommended
$ 33,89O
2,600
340
150
420
2,780
1,550
30
40
41,800
22,000
500
1,250
240
170
440
1,780
1,430
4,330
600
8,310
61,000
5O0
200
300
2,750
400
200
150
310
106,860
50,000
50,000
$ 198,660
Page 1
Exhibit "A"
FY 2000-01
FUND 448 STORM~NATER UTILITY FUND
Dept 54 Stormwater Utility
Div 16 Maintenance
12-10 Regular Salaries/Wages
14-10 Overtime
21-10 Employer FICA
22-10 ICMA Contributions
23-10 Life Insurance
23-20 Disability Insurance
23-30 Health Insurance
24-10 Workers' Compensation
25-10 Unemployment Compensation
25-20 Employee Assistance Program
* PERSONAL SERVICES
31-20 Medical
34-70 Photo/Microfilm Services
34-78 Repair and Upkeep Canals
34-90 Other Contractual Services
41 - 15 Portable Phone/Beeper
43-10 Electricity
43-25 Irrigation Water
44-10 Land Rental/Lease
44-30 Equipment Rental/Lease
44-45 Vehicle Rental - Garage
45-10 General Liability
46-20 Equipment Maintenance
46-30 Vehicle Maintenance - Garage
48-20 Employee Recognition Awards
49-16 CDL Renewal
51-10 Stationery/Paper/Forms
51-90 Other Office Supplies
52-10 Fuel/Lube Vehicles
52-20 General Operating Supplies
52-22 Uniforms/Linen Service
52-24 Building Materials
52-26 Gardening Supplies
52-27 Equipment < $750
53-20 Repairs - Drainage
54-20 Memberships
* OPERATING EXPENSES
63-90 Other Improvements
64-90 Other Machinery/Equipment
* CAPITAL OUTLAY
** STORMWATER SYSTEM MAINTENANCE
Manager's
Recommended
$ 140,880
12,410
11,330
1,160
650
1,760
13,920
13,730
140
220
196,200
100
200
9,450
40,830
30
6,560
2,530
1,630
750
19,590
10,030
600
32,100
350
60
100
100
5,700
2,000
2,200
1,500
4,690
2,450
5,800
50
149,400
1,500
5,600
7,100
$ 352,700
Page 2
Exhibit "A"
FY 2000-01
FUND 448 STORMVfATER UTILITY FUND
Dopt 54 Stormwater Utility
Div 61 Capital
63-90 Other Improveenents
64-90 Other Machinery/Equipment
65-12 NE 2nd Avenue
xx-xx SE 7th Avenue
xx-x~ Tropic Isles CB R&R
* CAPITAL OUTLAY
9%01 Project Reserve
** CAPITAL
Manager's
R¢commende~t
$ 50,000
40,000
109,000
65,000
100,000
364,000
23,200
$ 387,200
Dopt 54 Stormwater Utility
Div 70 2000 Roadway Bond Program
6542
6547
Barrier Island
NW 18th Avenue
CAPITAL OUTL/I Y
2000 ROADWAY BOND PROGRAM
Manager's
Recommend~
$ 95,000
350,000
445,000
$ 445,000
Dept71D~btService
Div ll DebtServiee
71-16 Stormwater Note
72-16 Stormwater Note-Interest
* Debt Service
** DEBT SERVICE
Recommended
$ 180,000
92,840
272,840
272,840
*** STORMWATER UTILITY FUND
1,656,400 I
Page 3
Property
Description
Single Family
Residential
Condominium
Single Owner
Multi-Family
Residential
Non-Residential
Developed
Undeveloped
EXHIBIT 'cB" TO RESOLUTION NO. 57-00
Total 12 Month
Rate Structure Assessment
($4.50/Mo./ERU) (12 Mo.) (1 ERU)
($4.50/Mo./ERU) (12 Mo.) (Condo Factor)
(ERU/UUl0
54.00
54.00
x CF*
($4.50/Mo./ERU) (12 Mo.)
($4.50/Mo./ERU) (12 Mo.)
($4.50/Mo./ERU) (12 Mo.) (1.20 ERU/AC)
$ 54.00/ERU
$ 54.00/ERU
$ 64.80/AC
All properties within the Lake Worth Drainage District (LWDD), as indicated by the LWDD's boundary
map, shall receive a 25% discount.
All properties for which the City does not provide for the maintenance of street drainage systems shall receive
a 25% discount.
*A specific condominium factor (0.0 - 1.0) has been determined for each condominium development. A list
of those factors is attached.
· 07/19/00 WED 16:16 FAX 561 2~3 7314 ENVIRONIIENTAL SRV. DEPT .... CITY CLERK ~002
City of Delray Beach, Florida
STORMWATER M3%NAGEMENT ASSESSMENT
CONDOMINID-M RATES FOR TAX YEAR 2000
Condominium
Program:
Prepared:
Page:
Delray
Delray
Delray
Delray
Delray
Harbour Club
Oaks
Oaks West
Ocean Villas
Place
Units
Acacia House 3
Admiral Apts. 10
Anchorage 8
Ardmore 13
Arnold Industrial Park 3
Bahama House of D.B./Brook Haven/Ocean Reach Apts. 22
Balmoral 12
Banyan Mouse 65
Banyan Tree Village 55
Bar Harbour 85
Barr Terrace 96
Barrton Apts. 102
Beach Cabanas 12
Beach House of Delray 12
Beakman 14
Berkeshire II 48
Berkshire I 23
Bermuda High · · 22
Bermuda High South 29
Bermuda High West 46
Blairs Arcade 5
Blairs Downtown 3
Block 60 92
Boca Isle/Point at Delray Beach 93
Brooks Lane 6
Carabridge 8
Captains Walk 57
Casa Del Mar
Casa Playa
Che~ Chase 16
Churchill 30
Coach Gate 7
Coastal House 85
Commodore Apts. 8
Coral Cove 7
Costa Del Rey 40
Costa Del Ray North 30
Country Manors 440
Court of Delray 43
Cove Apts 5
Crest 6
Del Harbour 18
Del Harbour Condominium 4
Delhaven 24
Delray Bch Club 77
Delray Beach Yacht Club Condo 12
Delra¥ Dental Specialists 3
Delray Estates 324
Delray Golfview 36
5O
142
256
15
42
SWLiB/SWCONDO
7/19/00, 16:06:02
1
ERUs
91
7O
32
70
00
70
57
63
96
39
38
46
64
7O
70
00
79
00
94
00
00
89
13
69
00
00
86
49
73
7O
6O
97
.41
.70
.70
.63
.77
1.00
.40
.?0
.79
.32
.70
.74
.47
.53
.70
.55
.57
.44
.95
1.00
.70
.35
· 07/19,'00 WED 16:17 FAX 561 243 7314 EN~IRON~IENTAL SRV. DEPT. ~ CITY CLERK ~003
City of Delray Beach, Florida Program:
STORMWATER M3~NAGEMENTASSESSMENT Prepared:
CONDOMINIUM RATES FOR TAX YEAR 2000 Page:
................................................ Units
Condominium ..............
Delray Shores Professional
Delray Summit
Domaine Delray
Dover House
Eastview of Delray Beach
Eastview Village Square
Eastwinds
Eight Hundred Ocean Place
Environment I
Fairway
Fall Ridge
First Encounter
Georgia Street Industrial Park
Golfview Colony
Greensward Village
Grove
Hamilton House
Harbour Pointe of Delray
Harbour Villas
Marhourside I-III
High ~oint
Imperlal Manor
Imperial villas
Ingraham House
Inlet Cove
Inner Circle
Intercoastal Cove
Jardin Del Mar
Lago Del Rey
Lago Del Rey North Amsterdam
LaKeview Greens
Landings of Delray Beach
Lanikal Villas
Lavers Delray Racquet Club
Ledges
Linton Ridge
Linton Woods
Lyndon Arms
Manor House
Marina Del Rey
Martel Arms
Miramar Gardens
Narberth/Ocean Aire
New Monmouth
Ocean East
Ocean Place
Ocean Terrace
One Sixty Center
One Ten Apts
Outrigger
Palm ~quare
Palm Trail
Palm Villas
Park View Manor
66
6O
45
3
24
84
8
92
72
60
46
3
8
136
28
24
10
17
176
1,992
12
199
4
16
16
4
38
338
3O
128
27
24
566
3
84
24
8
24
10
30
48
14
17
8
29
8
5
4
25
8
22
6O
16
SWLIB/SWCONDO
7/19/00, 16:06:03
2
ERUs
1.00
.41
.91
.48
.70
1.00
.69
1.00
.93
1.00
1.00
.70
1.00
1.00
.91
.99
.77
.70
.56
.76
.70
.96
.70
1.00
.72
.70
86
57
9O
63
52
1.00
.70
.39
1.00
.64
.67
.70
1.00
.38
.70
.70
.85
1.00
.70
1 O0
7O
i O0
7O
70
i O0
55
07¢19/00 WED 16:17 FAX 561 243 7314
ENVIRONMENTAL SRV. DEPT. ~ CITY CLERK ~004
City of Delray Beach, Florida Program: SWLIB/SWCONDO
STORMWATER MANAGEMENT ASSESSMENT Prepared: 7/19/00, 16:06:03
CONDOMINIUM RATES FOR TAX YE~-R 2000 Page: 3
Condominium Units ERUs
Pelican Pointe 56
Penthouse Delra¥ 80
Pine Beach South 6
Pines of Delray 685
Pines of Delray North 700
Pines of Delray West 287
Plum 7
Ranger 10
Sabal Pine 2.56
Sabal Pine East 222
Sabal Pine South 128
Sands Terrace 14
Savoy 8
Seabreeze of Delray 5
Seagate Manor 63
Seagate Towers 149
Seastone Apts 10
Seaway Villas'of Delray Beach 6
Serena Vista 30
Seven Seventy 17th Ave. 9
Sloan Hammock Land 5
South County Professional 45
South Ocean 10
South Shore Club 15
Southridge 37
Southridge Village 68
Southwinds 84
Spanish River 81
Spanish Trail 20
Spanish Wells 240
Stor-all 12
Sunset Pines 66
Tahiti Cove 18
Talbot House III 4
Three Fifty Five Building 7
Town & Country 148
Tropic Bay 1-17 399
Tropic Harbor 222
Tropic View 48
Twelve-O-Two 6
Valhalla 8
Venetian Drive Townhouse 4
Venetian Village 14
Vista Lago 14
Waterview Apts. 8
Waterway East 21
Waterway North 15
Wedgewood 6
williamsburg Inn 12
Windemere House 30
Winston 8
Woodbrooke 13
Total condominium units . . . : 11,926
Average ERU/unit ...... : .76
161 Records processed
-- End of Listing --
1 00
41
70
72
99
75
1.00
.70
.85
.93
.87
.50
.70
.69
.51
.49
.34
.70
1.00
.70
1.00
1.00
1.00
1.00
.90
.69
.34
.59
.72
.70
1.00
.79
.70
1.00
.57
.61
.49
1.00
.58
1.00
70
1 O0
70
67
1 O0
92
70
7O
63
56
66
TO:
THRU:
FROM:
SUBJECT:
MEETING OF JULY 25, 2000
ANNEXATION, SMALL-SCALE FUTURE LAND USE MAP AMENDMENT
FROM COUNTY HR-8 (HIGH DENSITY RESIDENTIAL - 8 DU/AC) TO CITY
TRN (TRANSITIONAL), AND INITIAL ZONING OF POD (PROFESSIONAl
~FFICE DISTRICT) FOR A PARCEL OF LAND LOCATED ON THE NORTII
SIDE OF ATLANTIC AVENUE, APPROXIMATELY 1,600 FEET EAST OF
BARWlCK ROAD.
The subject property is currently located in unincorporated Palm Beach County and has a
County AR (Agricultural Residential) zoning designation. The property is also located within the
City's Planning Area (Future Annexation Area) and is seeking voluntary annexation at this time.
The property is vacant with the exception of a billboard located at the southeast corner of the
parcel and no land use history is available on this property. The City's advisory land use
designation for the subject parcel is TRN (Transitional).
The proposal is to annex the property into the City, change the Future Land Use Map
designation to City TRN (Transitional), and apply an initial zoning designation of POD
(Professional Office District). The proposed use of the property is that of a professional office
development. Additional background and an analysis of the request are found in the attached
Planning and Zoning Board Staff Report.
At its meeting of July 17, 2000, the Planning and Zoning Board held a public hearing in
conjunction with review of the requests. Three members of the public expressed concerns
about the existing billboard, buffering, height and design of the future professional office
development. After reviewing the staff report and discussing the proposal, the Board voted 4-0
(Hasner abstaining; Carter and Eliopoulos Absent) to recommend that the requests be
approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and
Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive
Plan.
By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from
County HR-8 to City TRN (Transitional), and the application of an initial zoning designation of
POD (Professional Office District), based upon the findings and recommendation by the
Planning and Zoning Board, and set a public headng date of August 15, 2000.
Attachments:
P & Z Staff Report of July 17, 2000
Ordinance #15-00
ORDINANCE NO. 15-00
AN ORDINANCE OF THE CITY COM2MISSION OF THE CITY OF
DEI.RAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY
BEACH, A PARCEL OF LAND LOCATED ON THE NORTH SIDE OF
WEST ATLANTIC AVENUE APPROXIMATELY 1,600 FEET EAST OF
BARWICK ROAD, LYING BETWEEN THE VIIJ.AS D'ESTE AND
WINDY CREEK SUBDIVISIONS, AS MORE PARTICULARLY
DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO
EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES
OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE
RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN
OFFICIAL LAND USE DESIGNATION OF TRN (TRANSITIONAL)
FOR SAID LAND TO THE FUTURE LAND USE MAP AS
CONTAINED IN THE COMPREHENSIVE PLAN; ELECTING TO
PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS
FOR SMAI,I, SCALE LAND USE PLAN AMENDMENTS; PROVIDING
FOR THE ZONING THEREOF TO POD (PROFESSIONAL OFFICE
DISTRICT); PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
simple owner
approximately
WHEREAS, Dimlo Properties, LLC, a Florida Limited Liability Company, is the fee
of a 1.30 acre parcel of land located on the north side of West Atlantic Avenue,
1,600 feet east of Barwick Road; and
WHEREAS, Michael S. We. inet, Esquire, as duly authorized agent for the fee simple
owner hereinabove named, has requested by voluntary petition to have the subject property annexed
into the municipal limits of the City of Delray Beach; and
WHEREAS, the subject property hereinafter described is contiguous to the
corporate limits of the City of Delray Beach, Florida; and
IX/HERE, AS, the City of Delray Beach has heretofore been authorized to atmex lands
in accordance with Section 171.044 of the Florida Statutes; and
WHEREAS, the subject property hereinafter described is presently under the
jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map designation of
HR-8 (High Density Residential 8 dwelling units/acre); and
WHEREAS, the Advisory Future Land Use Map (FLUM) designation for the
subject property in the City of Delray Beach, Florida, is TRN (Transitional); and
WHEREAS, th ' ' ....
e Caty s FLUM des~nanons as tmn~! y contained on the City's Future
Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be
· advisory only until an official Land Use Amendment is processed; and
WHEREAS, the designation of a zoning classification is part of this proceeding, and
the provisions of Land Development Regulations Chapter Two have been followed in establishing
the proposed zoning designation; and
WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held
a public heating and considered the subject matter at its meeting of July 17, 2000, and voted 4 to 0
to recommend that the requests be approved with an initial zoning of POD (Professional Office
District), based upon positive findings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That the City Commission of the City of Delray Beach, Palm Beach
County, Florida, hereby annexes to said City the following described land located in Palm Beach
County, Florida, which lies contiguous to said City to-wit:
The West 198 feet of the Southeast Quarter (SE 1/0 of the Southwest Quarter (SW ~/~) of the
Northeast Quarter (NE 1/4) of the Southeast Quarter (SE ~/~), Section 13, Township 46 South, Range
42 East, less that portion conveyed to the State of Florida for road right-of-way in deed filed and
recorded September 25, 1967, in Official Record Book 1590 at Page 188 of the Public Records of
Palm Beach County, Florida.
The subject property is located on the north side of West Atlantic Avenue approximately 1,600 feet
east of Barwick Road, between the Villas D'Este and Windy Creek subdivisions; containing 1.30
acres, more or less.
e~. That the botmda,4es of the City of Delray Beach, Florida, are hereby redefined to
include therein the above-described tract of land and said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
Section 3. That the land hereinabove described shall immediately become subject to
all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to
which lands in the City of Delray Beach are now or may be subjected, including the Stormwater
Management Assessment levied by the City pursuant to its ordinances and as required by Florida
Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray
Beach, Florida.
2 Ord. No. 15-00
Section 4 That this annexation of the subject property, including adjacent roads,
alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance
responsibility for such roads, alleys, or the like, unless otherwise specifically imtiated by the City
pursuant to current requirements and conditions.
Section 5. That the Future Land Use Map designation of the subject property is
hereby officially affixed as TRN (Transitional).
Section 6. That the City of Delray Beach elects to make this small scale amendment
by having only an adoption heating, pursuant to Florida Statutes Section 163.3187(1)(c)3.
Section 7. That Chapter Two of the Land Development Regulations has been
followed in the establishment of a zoning classification in this ordinance and the tract of land
hereinabove described is hereby declared to be in Zoning District POD (Professional Office
District) as defined by existing ordinances of the City of Delray Beach.
Section 8. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 9. 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 10. That this ordinance shall become effective as follows: As to
annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-
one 01) 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,
2740 Centex'view Drive, Tullah.assee, Florida 32399-2100.
3 Ord. No. 15-00
the
PASSED AND ADOPTED in regnlar session on second and final reading on this
day of ,2000.
ATI'EST:
MAYOR
City Clerk
First Reading
Second Reading
4 Ord. No. 15-00
CF
POINT CT. W~ST
RM
HtGH PT. TERR. WEST
CARVER
MIDDLE
SCHOOL
POC
STATE
FARM
MoNS
WEST
PRD
CLUB
ATLANTIC
AVENUE
sHERWOOD
FORES1
OSR --
N
- ANNEXATION - }
EXISTING ZONING
INITIAL ZONING: POD (PROFESSIONAL OFFICE DISTRICT)
FUTURE LAND USE MAP AMENDMENT FROM: COUNTY HR-8 TO: CITY TRN (T~NSmON~L)
CF
LD
MD
MD
OS
OS
N
- ANNEXATION - ~
EXISTING FUTURE LAND USE
INITIAL ZONING: POD (PROFE~IONAL OFFICE DISTRICT)
FUTURE LAND USE MAP AMENDMENT FROM: COUNTY HR-8 TO: Ct'FY TRN ('TRANSmONAL)
PLANNING AND ZONING BOARD
CiTY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
July 17, 2000
IV.A.
Future Land Use Map Amendment from County HR-8 (Residential High - 8 du/ac.)
to City TRN (Transitional) and Associated Annexation with Initial Zoning of POD
(Professional Office District), for a Parcel of Land Located on the North Side of
West Atlantic Avenue, Between the Villas D'Este and Windy Creek Subdivisions).
CARVER
MIDDLE
SCHOOL
WEST AVENUE.___.._
GENERAL DATA:
Owner. ..................................................... Genoveva & Johannes Jettinghoff
Agent ....................................................... Lloyd Hasher
Applicant .................................................. DIMLO Properties, Inc.
Location ................................................... North side of West Atlantic Avenue, between the Villas D'Este and
Windy Creek Subdivisions
Property Size ........................................... 1.30 Acres
Existing FLUM Designation ...................... County HR-8 (High Residential-8 du/ac)
Proposed FLUM Designation ................... City TRN (Transitional)
Existing Zoning ......................................... County AR (Agricultural Residential)
Proposed Initial Zoning ............................ City POD (Professional Office District)
Adjacent Zoning ............................... North: PRD (Planned Residential)
East: PRD
South: R-1-A (Single Family Residential) & OSR (Open Space & Recreation)
West: RM-8 (Multiple Family Residential-8 du/ac)
Existing Land Use .................................... Vacant
Proposed Land Use .................................. Future Land Use Map Amendment and Associated Annexation with Initial
Zoning Designation.
Water Service .......................................... rea.
Sewer Service .......................................... rea.
IV.A.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation on a
Voluntary Annexation (pursuant to Florida Statute 171.044), and a Small-
Scale Future Land Use Map amendment from County HR-8 (High Density
Residential - 8 units per acre) to City TRN (Transitional) with initial zoning
of POD (Professional Office District).
LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the
processing of this petition.
The subject property is located on the north side of Atlantic Avenue,
approximately 1,600 feet east of Barwick Road.
BACKGROUND
The subject property is currently located in unincorporated Palm Beach County and has
an AR (Agricultural Residential) zoning designation. The property is also located within
the City's Planning Area (Future Annexation Area) and is seeking voluntary annexation
at this time. The property is vacant with the exception of a billboard located at the
southeast corner of the parcel and no land use history is available on this property.
On July 19, 1994, the City Commission approved a small scale amendment to the
Future Land Use Map for the subject property (Ordinance # 57-94). The amendment
was to bring the City's advisory land use designation into consistency with Palm Beach
County's proposed land use designation. The County's land use designation went from
CH-5 (Commercial High Intensity 5 units per acre) to HR (High Density Residential 8
dwelling units per acre) with their plan Amendment 94-2. The City's land use map
designation went from Low Density Residential (0-5 units per acre) to TRN
(Transitional).
Requests for Annexation, Future Land Use Map amendment and Initial Zoning have
been submitted to accommodate the POD (Professional Office District) zoning
designation for the subject property, and are now before the Board for action.
PROJECT DESCRIPTION
The subject property is a 1.30 acre vacant parcel having a County Future Land Use
Map designation of HR-8 (High Density Residential - 8 units per acre) and County
zoning of AR (Agricultural Residential). The proposal is to annex the property into the
City, change the Future Land Use Map designation to City TRN (Transitional), and
apply an initial zoning designation of POD (Professional Office District). The proposed
use of the property is that of an office development.
FUTURE LAND USE MAP AMENDMENT ANALYSIS
Current Land Use Designations: The current County land use map designation for the
property is County HR-8 (High Density Residential - 8 du/ac). The current City
"advisory" designation for this property is TRN (Transitional).
Planning and Zoning Board St,- :eport ·
Delray Professional Office Cent=~'- Annexation with Initial Zoning of POD and Small~Scale Future Land
Use Map Amendment
Page 2
Requested Land Use Desi~lnation: The requested Future Land Use Map change is to
City TRN (Transitional).
Florida Statutes 163.3187 - 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 any local
government comprehensive land use amendments directly related to proposed small
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; and,
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 a site-specific small scale
development activity.
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 1.30 acre area, thus the total area is
less than the 10 acre maximum. The proposed amendment to TRN (Transitional) is
being processed concurrently with a request for annexation and initial zoning of POD
(Professional Office District) to accommodate a professional office development, which
is allowed as a permitted use in the POD zoning district. The TRN land use designation
allows consistent zoning districts, which include office, neighborhood commercial, single
family residential, and Iow and medium density residential. The property is not located
within a designated redevelopment or traffic concurrency exception area. This
amendment along with other small-scale amendments processed this year, outside the
designated areas, will not exceed 60 acres. This property has not previously been
considered for a land use amendment nor has the same property owner's properties
been granted a land use change within 200 feet, 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 concern.
Planning and Zoning Board St; report ~
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 3
Land Use Analysis:
Pursuant to Land Development Regulations 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 accompanYing annexation and initial zoning application is seeking a POD
(Professional Office District) zoning district. The proposed use (professional office
development) is allowed as a permitted use within the POD zoning district. The
Transitional land use designation is consistent with the proposed POD zoning
designation.
Consistency between the City and County Land Use Designations:
The proposed City Future Land Use Map designation for the property is TRN
(Transitional). The existing County Future Land Use Map designation for the property is
HR-8 (High Density Residential - 8 units per acre). The City's TRN land use designation
is consistent with the County's HR-8 designation in that Multiple Family Residential
zoning is allowed. However, the current "advisory" Transitional designation allows
multiple family development as well as office and limited commercial development. The
City's FLUM designations as initially contained on the City's Future Land Use Map
adopted in November, 1989, (and as formally amended subsequently) are deemed to
be advisory until an official Future Land Use Map Amendment is processed.
Adlacent Land Use Map DesiRnations~ Zoning Designations & Land Uses:
North and East: The subject property is bordered on the north and east by an existing
single family development (Hanover Square/Windy Creek) which is designated as LD
(Low Density Residential) on the Future Land Use Map and has a zoning designation of
PRD (Planned Residential Development).
South: To the south of the subject property and across Atlantic Avenue is The Hamlet,
an existing single family residential development and country club. The Future Land
Use Map designations for The Hamlet include LD (Low Density Residential), OS (Open
Space) and MD (Medium Density Residential). There are several different zoning
designations within The Hamlet, they include OS (Open Space), R-1-A (Single Family
Residential), RM (Multiple Family Residential-Medium Density 6-12 alu/ac) and RL
(Multiple Family Residential-Low Density 3-6 du/ac).
West: To the west of the subject property exists an apartment complex known as Villas
D'Este, which is zoned RM and RM-6 and has a Futura Land Use Map designation of
MD.
Allowable Land Uses:
Under the proposed Transitional designation, residential zoning districts which
accommodate single family and multiple family units (R-1-A thru R-l-AAA, RL, PRD,
and RM) are allowed, as well as Iow intensity commercial zoning districts such as
Planning and Zoning Board St: :~eport
Delray Professional Office Cent=r-Annexation with Initial Zoning of POD ana Small-Scale Future Land
Use Map Amendment
Page 4
Neighborhood Commemial, Planned Office Center, Professional Office District, and
Residential Office. Also allowed are the Community Facilities, Open Space and Open
Space and Recreation zoning districts. The Transitional designation is applied to land,
which is developed, or is to be developed, for either residential or nonresidential uses.
In some instances this designation provides for a transition between less intensive
residential use and commercial uses. In other instances, this designation allows the
establishment of uses, which are compatible with adjacent residential use. Also, the
TRN designatibn provides for uses which are not as intensive as general commercial
uses in areas where residential use is not desirable and/or appropriate. Therefore, the
POD zoning designation is consistent with the proposed land use designation (TRN).
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 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 proposal involves annexation of property, which requires changing the FLUM
designation from County to City. The current County FLUM designation is HR-8 and
the current "advisory" designation is Transitional, which allows limited retail, office
and residential (single and multiple family) uses. The subject property is a small
parcel of land situated on an arterial roadway (Atlantic Avenue) and is surrounded by
residential uses. Residential use on this property is possible however is not
recommended due to its small size and location. Additionally, the property is not
well suited for strip commercial use given its proximity to residential use. Therefore,
the proposed FLUM and zoning designations are consistent with the goals,
objectives and policies of the Comprehensive Plan.
[3 Consistency - The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
As stated above, the proposal is consistent with the goals, objectives and policies of the
City's Comprehensive Plan. The following are the other applicable goals, objectives
and policies.
Future Land Use Element Objective A-f: Property shall be developed or
redeveloped in s manner so that the future use and intensity is spproprfate in
terms of soil, topographic, end other applicable physical considerations, is
complementary to adjacent uses, and fulfills remaining land use needs.
Planning and Zoning Board St; report ~
Delray Professional Office Center- Annexation with Initial Zoning of POD and'Small-Scale Future Land
Use Map Amendment
Page 5
The subject property does not have any unique environmental characteristics that would
prohibit development of the site or require mitigation measures. The property can be
developed in a manner that will be complementary to the adjacent residential area.
Under the TRN FLUM designation, development of this property can provide for Iow
intensity, infill commemial development. With review of a specific development
proposal this policy will be revisited.
E! Concurrem:y - Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
As discussed later in this report, the property can be developed at the highest intensity
allowed under the TRN land use designation and meet adopted concurrency standards.
The proposal is to annex the property with an initial zoning designation of POD, to
accommodate a proposed office development, as a permitted use.
Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
As described in the Future Land Use Element of the Comprehensive Plan, the proposed
Transitional land use designation is applied to land which is usually developed, or to be
developed, for either residential or nonresidential uses. This designation provides for a
transition between commercial uses and less intensive residential uses, as well as
allowing for the establishment of uses, which are compatible with adjacent residential
uses. It also provides for uses which are not as intensive as general commercial uses
in areas where residential use is not desirable and/or appropriate. Transitional is more
appropriate along Atlantic Avenue given the relatively small size of the lot. Compatibility
with the abutting residential properties is not a major concern, however, there are
sufficient regulations in place which will mitigate any potential adverse impacts. With
development of the site as a professional office development, trees must be installed
every 25' along the west property line, abutting Villas D'Este (a multi-family residential
development), and along the north and east property lines, abutting the single family
residences within the Windy Creek development. The City's regulations require any
development of the subject property to provide a landscape buffer along the south side
of the property adjacent to Atlantic Avenue. The landscape area shall be the smaller
distance of either thirty feet (30') or 10% of the average depth of the property.
Compliance - Development under the requested designation will comply with the
provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations will be further addressed with
review of a site plan approval request. It is anticipated that there should be no problems
complying with the Land Development Regulations.
Planning and Zoning Board S Report
Delray Professional Office CenTer- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 6
ANNEXATION ANALYSIS
Florida Statutes Governing Voluntary Annexations:
Pursuant to Florida Statute 171.044 "the owner or owners of real properties in an
unincorporated area of the County, which is contiguous to a municipality and reasonably
compact may .petition the governing body of said municipality that said property be
annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed
through voluntary annexation when such annexation results in the creation of enclaves".
Pursuant to F.S. 171.031(13), an 'enclave" is (1) any unincorporated improved or
developed area that is enclosed within and bounded on all sides by a single
municipality; or, (2) any unincorporated improved or developed area that is enclosed
within and bounded by a single municipality and a natural or manmade obstacle that
allows the passage of vehicular traffic to that unincorporated area only through the
municipality.
The property is contiguous with the City, is reasonably compact and is currently an
enclave, as it is bounded on all sides by the City.
Annexation of the property will eliminate an enclave.
Land Development Regulations Governing Annexations:
Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) "the owner of land
may seek the annexation of contiguous property, under his/her ownership" pursuant to
Florida Statutes. The property owner has voluntarily petitioned for this annexation.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN:
Designated Annexation Area: The territory to be annexed is located within designated
annexation area "C" on the north side of Atlantic Avenue east of Barwick Road.
Annexation of the territory is consistent with Future Land Use Element Policy B-3.5,
which calls for annexation of eligible properties through voluntary annexations as the
opportunities arise.
CONCURRENCY:
Provision of Services: When annexation of property occurs, services are to be
provided in a manner which is consistent with services provided to other similar
properties already in the City (Future Land Use Element Policy B-3.1). The following is
a discussion of required services and the manner in which they will be provided.
Police: This property is currently serviced by the Palm Beach County Sheriff's Office,
located at 345 South Congress, which serves the South County area. The property lies
within Sheriff patrol zone 4. Zone 4 is bordered by El Clair Ranch Road on the west,
the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the
south. One officer is assigned to a particular zone during a shift (three shifts per day).
Planning and Zoning Board S'. Report ' . i
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 7
Additional response can be mustered from "Cover Cars" which roam throughout zones
randomly, depending on their availability in South County during that time.
The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15
square mile area; and, as a consequence, significantly improved response time should
be realized. Annexation will not require additional manpower, as the police currently
pass the property while patrolling areas of the City to the east and west of the property.
Fire and Emergency Services: The annexation of this property will not require
additional manpower. The municipal area is served by Fire Station No. 4 (Barwick &
Lake Ida Roads).
VV'~h annexation, the property will receive an improvement in response time from the
current 7 minutes of the County Fire Department (Indian Springs/Military Trail and
Woolbright Road) to approximately 4.5 minutes for the City's Fire Department (Fire
Station No. 4 at Barwick and Lake Ida Roads).
Water: Municipal water service is available via connection to an existing 14" water
main located along the north side of Atlantic Avenue. Additionally, the water service will
need to be looped to the 8" water main on NW 1st Court within the Hanover
Square/Windy Creek subdivision in order to provide continuation of service to the
existing residences to the north. Along the new mains, fire hydrants must be installed
with a maximum spacing of 300 feet for the proposed professional office development.
Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water
Treatment Plant for the City at build-out.
Sewer: Sewer service is available adjacent to the site via a connection to the existing
main or existing lift station to the north of the property. With future development, the
installation of a lift station is not required as one already exists (Lift Station 86B) within
Villas D'Este, which is immediately northwest of the subject property. Pursuant to the
Comprehensive Plan, treatment capacity is available at the South Central County Waste
Water Treatment Plant for the City at build-out.
Streets: This property has direct access to Atlantic Avenue, which is under the
jurisdiction of FDOT (Florida Department of Transportation). The jurisdictional
responsibility and the associated maintenance responsibility will not change upon
annexation.
A traffic study was submitted based upon the development potential for an approximate
15,000 sq. ft. of professional office development, thus generating 487 average daily
trips.
Parka and Open Space: The annexation of the property to accommodate a
professional office development will not create an additional impact on park and
recreational facilities. The stated intended use of the property is for professional offices
that may include medical offices, which typically do not impact the park system.
Therefore such development would not have a significant impact with respect to level of
service standards for parks and recreation facilities.
Planning and Zoning Board S'~. /Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 8
Solid Waste: As there is no change in actual land use at this time, there will be no
impact on solid waste disposal. The service provider will not change, as described later
in this report.
Financial Impacts:
Effect Upon Annexed Property:
For the 1999 tax year the subject property had an assessed value of $100,000. With
the change from County to City jurisdiction, the following taxes and rates will be
affected:
Ad Valorem Taxes
MillaRe
With Annexation
Fire/Rescue MSTU 2.9129
Library .5246
City of Delray Beach 6.9100
City of Delray Beach Debt .7400
4.2125
Deleted (County)
Deleted (County)
Added (City)
Added (City)
Difference*
* Total tax millage in the County is 19.6117 mills while in the City the total millage rate
is 23.8242 mills.
The current yearly ad valorem taxes are $ 2,008.10. With annexation the yearly ad
valorem taxes will be $ 2,429.35; a tax difference of $ 421.25. In addition to property
taxes, the following Non Ad Valorem fiscal impositions apply:
Delray Beach Storm Water Utility - This assessment is based upon the percentage of
impervious area of the buildings, parking areas, etc. For non-residential units the
assessment fee is calculated using the following formula (# sq.ft, of impervious
area/2,502) X $54. A 25% discount from the assessment is available if drainage is
retained on site. Also a 25% discount from the assessment is available because the
subject property is located with the Lake Worth Drainage District. As the property is
currently vacant, this assessment is not immediately imposed. With future
development, the storm water utility tax will be assessed.
Solid Waste Authority - The Barwick Road annexation areas are serviced by BFI, and
the City's contract is currently through BFI (Browning-Ferris Industries). Therefore, the
waste service provider will remain with BFI upon annexation.
Occupational License Fees - Each tenant within the proposed professional office
complex will require an occupational license. This license will be in addition to the
current County license fee required for an office of approximately $30 per year. The
City license fee for the office is $125.
Planning and Zoning Board St~ .Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 9
Resulting Impacts to Property Owner:
DELRAY PROFESSIONAL OFFICE CENTER PROPERTY
FINANCIAL CONSIDERATIONS:
AD VALOREM TAXES
(Change from 98/99 County of
19.6117 to City 98~99 rate 23.8242
mills.(4.2125)
+$ 421.25
NON AD VALOREM
Stormwater Assessment $ .00
Solid Waste Collection $ .00
WATER & SEWER UTILITY FEES $ .00
OCCUPATIONAL LICENSE FEES $ .00
ANNUAL FINANCIAL IMPACT: +$ 421.26
SERVICE CONSIDERATIONS:
FIRE RESPONSE
+ Faster response time from (estimated time)
7.0 minutes (County) to 4.5 minutes (City)
EMS
+ Faster response time from (estimated time)
7.0 minutes {County) to 4.5 minutes (City)
POLICE
CODE ENFORCEMENT
+ Better response based upon more officers in
field.
+ Pro-active vs. reactive opportunity to work
with properb~ owners
Fiscal Impacts to the City: At the 1998/99 City operating millage rate of 6.91 mills and
debt rate of 0.74 mills, the property will generate approximately $765.00 in new ad
valorem taxes per year. With future development, additional revenues will be realized
through increased assessment value, building permit fees, the annual collection of the
stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone, 8.7%
gas) and franchise fees on electric, telephone, gas, and cable.
Planning and Zoning Board S..'Report '~')
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 10
ZONING ANALYSIS,
The proposed City zoning designation is POD (Professional Office district) while the
current County zoning designation is AR (Agricultural Residential).
The property is surrounded by incorporated properties with the following City zoning
designations: PRD (Planned Residential Development) to the north and east; OS (Open
Space), R-l-A- (Single Family Residential), RM (Multiple Family Residential-Medium
Density 6-12 du/ac) and RL (Multiple Family Residential-Low Density 3-6 du/ac) to the
south; RM (Multiple Family Residential-Medium Density 6-12 du/ac) and RM-6 (Multiple
Family Residential-Medium Density 6 du/ac) to the west.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Se.c. tio.n. 3.1.1 (R. equimd Findings), prior, to the appro.val of
development apphcafions, certain findings must be made ;n a form which ~s 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 zoning
district and the zoning district must be consistent with the land use designation.
The proposed POD zoning designation is consistent with the proposed Transitional
FLUM designation. The proposed professional office development is allowed as a
permitted use within the POD zoning district. Based upon the above, a positive finding
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.
The proposal involves the annexation of existing vacant land. There will be no changes
in the manner that water, sewer, drainage, streets/traffic and solid waste services will be
provided. Fire, EMS and Police will shift to a different provider; however, all of these
services will be equal to or better than existing, services (see annexation analysis for
details).
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
The subject property is currently vacant with a billboard situated at the southeast comer
of the property. When a sign is annexed which does not comply with the provisions of
Section 4.6.7 (Signs), the sign must be removed upon annexation. Staff will work with
the property owner in order to obtain compliance. Any future development will be
required to comply with all Land Development Regulations.
Planning and Zoning Board S..~Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 11
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.
Comprehensive Plan Policies:
Consistency with the Comprehensive Plan was previously discussed under the
Future Land Use Map Amendment analysis section of this report.
Section 3.2.2 (Standards for Rezoning Actions): Standard A, B and C 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 initial POD zoning designation will accommodate a professional office
development as a permitted use. Compatibility with the adjacent residential
development is not a major concern as any potential adverse impacts can be
properly mitigated through the applicable requirements of the Land Development
Regulations. The POD zoning district requires a minimum 25' front and 10' (side
interior) and rear building setback. Additionally, there is a 40% maximum lot
coverage requirement and a minimum 25% open space requirement. Further, if
the property is developed as a professional office development, trees must be
planted every 25' within the landscape strips abutting residential uses and a
landscape area along Atlantic Avenue is required which shall be the smaller
distance of either thirty feet (30') or 10% of the average depth of the property.
Compatibility of a specific development proposal with the adjacent developments
will relate to the ultimate intensity of the development and will be appropriately
addressed with the review of a site and development plan request.
Section 2.4.5(D)(5) (Rezonin; Findinas}:
Pursuant to Section 2.4.5(D)(5), in addition to the 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:
That the zoning had previously been changed, or was originally
established, in error;
bm
That there has been s change in circumstances which make the current
zoning inappropriate;
Planning and Zoning Board ~,_~ Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 12
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 and/or neighborhood,
The applicant is applying for annexation of this property into the City and the annexation
requires that an appropriate zoning designation also be applied. The POD designation
is being sought as it allows for a good transition between the existing residential uses
and the proposed office development.
Items "b" and "c" are the basis for which the rezoning should be granted. The property
is in the unincorporated area of Palm Beach County, however, it is within the City of
Delray Beach reserve annexation area. The requested zoning is of similar intensity as
that allowed under the proposed City TRN land use designation. Given the surrounding
residential developments, the POD is more appropriate than the NC (Neighborhood
Commercial) as four offices are less intense and are usually closed during evenings.
Also, the proposed zoning is more appropriate than RM zoning due to the property's
location abutting an arterial roadway and its relatively small size, which would make it
difficult to accommodate a quality residential development.
REVIEW BY
The subject property is not in a geographical area requiring review by the CRA
(Community Redevelopment Agency), DDA (Downtown Development Authority) or the
HPB (Historic Preservation Board).
Palm Beach County Notice:
On June 28, 2000 the Palm Beach County Planning Division was notified of the City's
intent to annex this property. To date, a response has not been received.
IPARC Notice:
Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan
Amendment Review Committee (IPARC) which distributes the information to adjacent
municipalities. To date, a response has not been received.
Courtesy Notice:
Courtesy notices were sent to the following homeowner's and civic associations:
[3 Progressive Residents of Delray
[3 President's Council
El Hamlet
r-] Windy Creek
El Sherwood Forest
[3 Greensward Village
[3 High Point I
[3 Highland Trailer Park
[3 Sunset Pines
El Woodlake
Planning and Zoning Board Staff Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 13
Public Notice:
Formal public notice has been provided to all property owners within a 500 foot radius of
the subject property. Letters of objection, if any, will be presented at the Planning and
Zoning Board meeting.
* ASSESSMENT AND CONCLUSIONS
Accommodating the annexation of this property is consistent with the City's program for
annexation of territory within its Planning and Service Area. The requested Transitional
Futura Land Use Map designation is Iow intensity. The application of an initial zoning
designation of POD is consistent with the proposed FLUM designation.
The annexation will provide the property with better Police, Fire, EMS and Code
Enforcement services. The property will experience an increase in ad valorem taxes.
Upon development of the property for residential purposes, stormwater assessment
fees will be imposed.
The City will receive additional revenue from property taxes, in addition to stormwater
assessment fees, utility taxes, franchise fees, and licensing fees upon development.
The total immediate revenue increase is approximately $765.00 a year.
If the annexation is approved, it is anticipated that a site and development plan
submittal will follow. Compatibility of a specific development proposal with the adjacent
developments will be addressed with the review of a site and development plan request.
Concurrency concerns with respect to traffic will dictate the development time frame.
ALTERNATIVES ACTIONS
Continue with direction.
Recommend approval of the Annexation, Small-Scale Futura Land Use Map
amendment from County HR-8 to City Transitional and initial zoning designation
of POD (Professional Office District) based upon positive findings with respect to
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM
Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the
following:
That the property is contiguous, reasonably compact and does not create
an enclave; and,
That services will be provided to the property in a manner similar to other
similar properties within the City.
Recommend denial of the Annexation, Small-Scale Future Land Use Map
amendment from County HR-8 to City Transitional and initial zoning designation
of POD (Professional Office District), with the basis stated.
...)
Planning and Zoning Board Staff Report
Delray Professional Office Center- Annexation with Initial Zoning of POD and Small-Scale Future Land
Use Map Amendment
Page 14
STAFF RECOMMENDATION
Recommend approval of this Annexation, Small-Scale Future Land Use Map
amendment from County HR-8 to City Transitional and initial zoning designation of POD
(Professional Office District) based upon positive findings with respect to Future Land
Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings),
LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the following:
That the property is contiguous, reasonably compact and does not create an
enclave; and,
That services will be provided to the property in a manner similar to other similar
properties within the City.
Attachments:
Location/Existing Zoning Map
Existing Future Land Use Map
Survey
This Report prepared by: Michelle E. Hovland, Planner
TO:
THRU:
FROM:
SUBJECT:
lNG AND ZONING DIRECTOR
R
MEETING OF JULY 25, 2000
PRIVATELY INITIATED SMALL-SCALE FUTURE LAND USE MAP AMENDMENT
FROM LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) TO CF-P (COMMUNITY
FACILITIES - PUBLIC BUILDING) AND REZONING FROM R-I-A (SINGL~_ FAMILY
RESIDENTIAL) TO CF (COMMUNITY FACILITIES) ASSOCIATED WITH THE
EXPANSION OF THE COMMUNITY CHILD CARE CENTER. THE SUBJECT
PROPERTY IS LOCATED ON THE WEST SIDE OF NW 6'' AVENUE, BETWEEN
LAKE IDA ROAD AND NW 4'" STREET.
The small scale Future Land Use Map amendment involves 8 lots (Lots 46, 49, 53, 54, 57, 59, 60, &61)
having a current land use designation of LD (Low Density Residential 0-5 du/ac). The balance of the
existing Child Care Center has an underlying land use designation of CF-P (Community Facilities -
Public Building). The privately initiated FLUM amendment from LD to CF-P will apply a consistent FLUM
designation to the entire parcel.
The rezoning request involves 7 lots (Lots 46, 49, 53, 54, 59, 60, & 61) currently zoned R-1-A. Lot 57,
which is included in the FLUM change, is not included in the rezoning request as it currently has the
appropriate zoning designation of CF. The rezoning from R-1-A to CF is to accommodate a 20,000 sq.ft.
expansion to the existing Community Child Care Center to house a new family resource center providing
after school and weekend activities for children ages 5 - 11 years. A full analysis of the FLUM
amendment and rezoning is provided in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing on this item on July 17, 2000. Members from the
Chevy Chase subdivision (north of Lake Ida) spoke in opposition citing concerns with the potential noise
from the new playgrounds, traffic, and hours of operation. The Board voted 4-1 (Hasner dissented,
Carter and Eliopoulos absent) to recommend approval of the proposed amendment from LD to CF-P and
rezoning from R-1-A to CF.
Approve on first reading the Small Scale FLUM Amendment from LD to CF-P on lots 46, 49, 53, 54, 57,
59, 60, & 61 and rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) on Lots
46, 49, 53, 54, 59, 60, & 61 for the Community Child Care Center, based upon positive findings with
Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and
Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and Section
2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and set a public hearing date of
August 15, 2000.
Attachments:
>' Planning and Zoning Board staff report of July 17,2000
), Ordinance by Others
ORDINANCE NO. 16-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CHANGING THE FUTURE LAND USE
MAP DESIGNATION FROM LD (LOW DENSITY RESIDENTIAL 0-5
DWRI.I.ING UNITS/ACRE) TO CF-P (COMMUNITY FACILITIES -
PUBLIC BUILDINGS), AND REZONING FROM R-1-A (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY
FACILITIES) DISTRICT, FOR A PARCFJ. OF LAND LOCATED ON
THE SOUTH SIDE OF LAKE IDA ROAD, APPROXIMATELY 286
FEET WEST OF N.W. 5TM AVENUE, AS THE SAME IS MORE
PARTICULARLY DESCRIBED HEREIN; ELECTING TO PROCEED
UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMAIJ,
SCALE LAND USE PLAN AMENDMENTS; AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF DELRAY BEACH;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described as Area "A" is designated on the
Future Land Use Map (FLUM) in the Comprehensive Plan for the City of Delray Beach, Florida, as
LD (Low Density Residential 0-5 dwelling units/acre); and
WHEREAS, the property hereinafter described as Area "B" is shown on the Zoning
District Map of the City of Delray Beach, Florida, as being zoned R-1-A (Single Family Residential)
District; and
WHEREAS, at its meeting of July 17, 2000, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, reviewed this item at a public hearing and voted 4
to 1 to recommend approval of the small scale FLUM amendment and rezoning, based upon
positive findings; and
WHEREAS, it is appropriate that the Future Land Use Map in the Comprehensive
Plan be amended to reflect the revised land use designation, and that the Zoning District Map of the
City of Delray Beach 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 Future Land Use Map in the Comprehensive Plan of the City of
Delray Beach, Florida, is hereby changed to reflect a land use de~mation of CF-P (Community
Facilities - Public Buildings) for the following described property:
AREA "A" LEGAL DESCRIPTION FOR FLUM
Parcel 1: That pbrtion of the West half (W. 1/2) of the South half (S. 1/2) of Lot 5, Subdivision of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat
Book 1, Page 4, Public Records of Palm Beach County, Florida, described as follows:
Commence at the Northeast comer of West half (W. 1/2) of the South half (S. 1/2) of said Lot 5;
thence S. 89°58'12" W., along the North line of the South (S. 1/2) of the West half (W. 1/2) of said
Lot 5, a distance of 100.00 feet to a pt;mt on a line 100.00 feet West of and parallel to the East line
of the South half (S. 1/2) of the West half (W. 1/2) of said LOt 5; thence S. 0° 05'44" E., along said
parallel line, a distance of 19.40 feet to the point of beginning, said point of beginning also being on
the South right-of-way line of Lake Ida Road; as per Palm Beach County right-of-way acquisition
map Project Number 90502;
Thence continue S. 0° 05'44" E., along said parallel line, a distance of 140.60 feet, thence S. 89°
58'12" W., along a line 160 feet South of and parallel to the North line of the South half (S. 1/2) of
the West half (W. 1/2) of said Lot 5, a distance of 186.51 feet; thence N. 0° 22'34" W., a distance of
160.00 feet to a pcfmt on the North line of the South half (S. 1/2) of the West half OW. 1/2) of said
Lot 5 and a point on the said South right-of-way line of Lake Ida Road; thence N. 89° 58'12" E.,
along said North line and said South right-of-way line, a distance of 14.57 feet to a point on a curve
concave to the South having a central angle of 12° 48'48" and a radius of 779.02 feet; thence
Southeast, along the arc of said curve, a distance of 174.21 feet to the p(~mt of beginning.
Together With
Parcel 2: That portion of the South half (S. 1/2) of the West half OW. 1/2) of LOt 5, Subdivision of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat
Book 1, Page 4, Public Records of Palm Beach County, Florida, described as follows:
Commence at the Southwest comer of said LOt 5; thence N. 90° 00'00" E., along the South line of
said Lot 5, a distance of 400.00 feet to the point of beginning; thence continue N. 90° 00'00" E.,
along said South line, a distance of 235.68 feet to a point on a line 25.0 feet West of and parallel to
the East line of the West half OW. 1/2) of the South half (S. 1/2) of said Lot 5; thence N. 0° 05'44"
W., along said parallel line, a distance of 160.00 feet; thence S. 90° 00'00" W., a distance of 85.36
feet; thence S. 0° 05'44" E., a distance of 25.00 feet; thence S. 90° 00'00" W., a distance of 150.96
feet; thence S. 0022'07" E., a distance of 135.00 feet to the point of begirming.
Together With
Parcel 3: That part of the South half of LOt 5, Subdivision of Section 8, Township 46 South, Range
43 East, Palm Beach County, Florida, as recorded in Plat Book I, Page 4 of the Public Records of
Palm Beach County, Florida, described as follows:
- 2 - Ord. N0.16-00
Commence at the northeast comer of the West half of the South half of said Lot 5; thence N. 89°
58'40" W., along the North line of the South half of said Lot 5, 25.00 feet; thence S. 0° 08'30" E.,
along a line 25.00 feet West of and parallel with the East line of the West half of said Lot 5, 40.69
feet to the South fight-of-way line of Lake Ida Road and the point of beginning; thence continue S.
0° 08'30" E., along said parallel line, 119.31 feet to a line 160.00 feet South of and parallel with the
North line of the South half of said Lot 5; thence S. 89° 58'40" E., along said parallel line, 38.82 feet;
thence N. 0° 37'30" W., along the East fight-of-way line of N.W. 6t~ Avenue, 105.44 feet to said
South right-of-way line of Lake Ida Road and to a point on a curve concave southerly with a radius
of 779.02 feet, a centxal angle of 2° 58'27" and a chord beating N. 69° 53'39" W., thence westerly,
along the arc of said curve and along the South fight-of-way line of Lake Ida Road, 40.44 feet to the
said point of beginning.
And
That parcel of a land described as follows: Commencing 25 feet West from the Northeast comer of
the West I/2 of the South 1/2 of Lot 5, Section 8, Township 46 South, Range 43 East, for a point
of beginning; thence South 160 feet; thence West 75 feet; thence North 160 feet; thence East 75 feet
to the point of begirmmg; p~lm Beach County, Florida, less fight-of-way deeded to County of Palm
Beach, in Deed Book 1145, Page 623, Public Records of Palm Beach County, Florida, according to
Plat thereof on file in the Office of the Clerk of Circuit Court in and for Palm Beach County,
Florida, recorded m Plat Book 1, Page 4. The subject site is located on the south side of Lake Ida
Road, west of N.W. 5~ Avenue.
Section 2. That the Zoning District Map of the City of Delray Beach, Florida, is
hereby amended to reflect a zoning classification of CF (Community Facilities) District for the
following described property:
AREA "B" LEGAL DESCRIPTION FOR REZONING
Parcel 1: That portion of the West half (W. 1/2) of the South half (S. 1/2) of Lot 5, Subdivision of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat
Book 1, Page 4, Public Records of P~lm Beach County, Florida, described as follows:
Commence at the Northeast comer of West half (W. 1/2) of the South half (S. 1/2) of said Lot 5;
thence S. 89° 58'12'' W., along the North line of the South (S. 1/2) of the West half (W. 1/2) of said
Lot 5, a distance of 100.00 feet to a point on a line 100.00 feet West of and parallel to the East Line
of the South half (S. 1/2) of the West half (W. 1/2) of said Lot 5; thence S. 0° 05'44" E., along said
parallel fine, a distance of 19.40 feet to the point of beginning, said point of beginning also being on
the South fight-of-way line of Lake Ida Road; as per Palm Beach County right-of-way acquisition
map Project Number 90502;
- 3 -
Ord. No. 16-00
Thence continue S. 0° 05'44" E., along said parallel line, a distance of 140.60 feet, thence S. 89°
58'12" W., along'a line 160 feet South of and parallel to the North line of the South half (S. 1/2) of
the West half OX/. 1/2) of said Lot 5, a distance of 186.51 feet; thence N. 0° 22'34" W., a distance of
160.00 feet to a point on the North line of the South half (S. 1/2) of the West half (W. 1/2) of said
Lot 5 and a point on the said South fight-of-way line of Lake Ida Road; thence N. 89° 58'12" E.,
along said North line and said South fight-of-way Line, a distance of 14.57 feet to a point on a cu~rve
concave to the South having a central angle of 12° 48'48" and a radius of 779.02 feet; thence
Southeast, along the arc of said curve, a distance of 174.21 feet to the point of begirmmg.
Together With
Parcel 2: That portion of the South half (S. 1/2) of the West half (W. 1/2) of Lot 5, Subdivision of
Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida, as recorded in Plat
Book 1, Page 4, Public Records of Palm Beach County, Florida, described as follows:
Commence at the Southwest comer of said Lot 5; thence N. 90° 00'00" E., along the South line of
said Lot 5, a distance of 400.00 feet to the point of beginning; thence continue N. 90° 00'00" E.,
along said South line, a distance of 235.68 feet to a point on a line 25.0 feet West of and parallel to
the East line of the West half OX/. 1/2) of the South half (S. 1/2) of said Lot 5; thence N. 0° 05'44"
W., along said parallel line, a distance of 160.00 feet; thence S. 90° 00'00" W., a distance of 85.36
feet; thence S. 0° 05'44" E., a distance of 25.00 feet; thence S. 90° 00'00" W., a distance of 150.96
feet; thence S. 0o22'07" E., a distance of 135.00 feet to the point of be~nning.
Section 3. That the City of Delray Beach elects to make this small scale amendment
by having only an adoption hearing, pmsuant to Florida Statutes Section 163.3187(1)(c)3.
Section 4. That the Planning Director of said City shall, upon the effective date of
this ordinance, amend the Official Zoning Map of the City of Delray Beach, Florida, to conform
with the provisions of Section 2 hereof.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 6. 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.
- 4 - Ord. No. 16-00
Section 7. That this ordinance shall become effective thirty-one 01) 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
Commumty 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, 2740 Centerview
Drive, Tallahassee, Florida 32399-2100.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ,2000.
AT firST:
MAYOR
City Clerk
First Reading
Second Reading
5
Ord. No. 16-00
REZONING
FROM: R-1-A (SINGLE FAMILY RESIDENTIAL) TO: CF (COMMUNITY FACILITIES
N,E. 4TH
FUTURE LAND USE MAP AMENDMENT
FROM: LD (LOW DENSITY, 0-5 UNITS/ACRE) TO: CF-P (COMMUNITY FACILITIES-PUBLIC BUILDINGS)
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
DATE:
AGENDA ITEM:
ITEM:
July 17, 2000
IV.B.
Future Land Use Map Amendment from LD (Low Density Residential) to CF-P
(Community Facilities-Public Buildings) and Rezoning from R-1-A (Single
Family Residential) to CF (Community Facilities) in Conjunction with the
· Expansion of the Community Child Care Center, Located West of N.W. 6th
Avenue, Between Lake Ida Road and N.W. 4th Terrace.
GENERAL DATA:
Owner/Applicant ........................
Agent .........................................
Location .....................................
Property Size .............................
Existing FLUM Designation .......
Proposed FLUM Designation ....
Existing Zoning ..........................
Proposed Zoning .......................
Adjacent Zoning ............... North:
East:
South:
West:
Existing Land Use ....................
Proposed Land Use ...................
Water Service ............................
Sewer Service ...........................
Community Child Care Center of Delray Beach, Inc.
Robert G. Currie Partnership, Inc.
Southwest comer of N.W. 5th Avenue and Lake Ida Road
FLUM Amd. Area (1.87 Acres)
Rezoning & Expansion Area (1.37 Acres)
LD (Low Density Residential, 0-5 du/ac)
CF-P (Community Facilities-Public Buildings)
R-1-A (Single Family Residential)
CF (Community Facilities)
CF (Community Facilities) & R-l-AA (Single Family Residential)
CF
R-1-A (Single Family Residential)
R-1-A
Seven (7) single family structures and Improved road rights-of-way.
Future Land Use Map Amendment from LD to CF-P and Rezoning
from R-1-A to CF to accommodate an expansion of the existing child
care center on the adjacent parcels to the west.
Existing on site.
Existing on site.
IV.B.
The item before the Board is that of making a recommendation to the City
Commission on a privately initiated Small-Scale Future Land Use Map
amendment from LD (Low Density Residential 0-5 du/ac) to CF-P (Community
Facilities - Public Building) and rezoning from R-I-A (Single Family Residential)
to CF (Community Facilities) associated with the expansion of the Community
Child Care Center.
The subject property is located on the west side of NW 6th Avenue, between
Lake Ida Road and NW 4th Street.
The Community Child Care Center was constructed in 1990. In 1995, the City
Commission approved a rezoning from R-I-A to CF to allow the Community Child Care
Center to expand its operation westward onto Lot 57 and a portion of NW 6th Avenue,
which was subsequently abandoned. At its meeting of October 10, 1995, the Site Plan
Review and Appearance Board approved a 5,562 sq.ft, expansion to the Child Care
Center.
The rezoning request involves 7 lots (Lots 46, 49, 53, 54, 59, 60, & 61) currently zoned
R-1-A. Lots 53, 60, and 61 contain single family homes, while Lots 46, 49, 54, and 59
are vacant. The rezoning from R-1-A to CF is to accommodate a 20,000 sq.ff.
expansion to the existing Community Child Care Center to house a new family resource
center providing after school and weekend activities for children ages 5 - 11 years.
The lots being considered for rezoning (future expansion area) have an underlying
Future Land Use Map designation of LD (Low Density Residential). While Lot 57
(currently occupied by the existing Child Care Center) is zoned CF (Community
Facilities, its underlying Future Land Use Map (FLUM) designation is LD. The balance
of the existing Child Care Center has an underlying designation of CF-P (Community
Facilities - Public Building). The privately initiated FLUM amendment from LD to CF-P
will apply a consistent FLUM designation to the entire parcel.
While Lot 49 is included in the development proposal, the applicant has not signed a
contract for purchase. Prior to scheduling this item for City Commission action consent
from the current property owner is required.
Florida Statutes 163.3187 - 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 any
local government comprehensive land use amendments directly related to
proposed small scale development activities may be approved without regard to
P&Z Staff Report
Rezoning from R-I-A to CF for the Community Child Care Center
Page 2
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; and,
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 a site-
specific small scale development activity.
The property that is the subject of a proposed amendment is not located
within an area of critical state concern.
The FLUM amendment involves approximately 1.87 acres, thus the total area is less
than the 10 acre maximum. This amendment along with other small-scale amendments
processed this year, outside the designated areas, will not exceed 60 acres. In fact this
is the first small scale amendment for this year. This property has not previously been
considered for a land use amendment nor has the same property owner's properties
been granted a land use change within 200 feet, within the last year. The proposed
amendment to CF-P (Community Facilities - Public Building) is 'privately initiated. The
CF-P land use designation allows for community buildings such as child care centers,
and will allow the entire development to have a consistent underlying land use
designation. The amendment does not involve a text change to the Comprehensive
Plan and it is not located within an area of critical concern.
Land Use Analysis:
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 current Future Land Use Map designation for the subject property is LD (Low
Density Residential). The requested FLUM designation is CF-P (Community Facilities-
Public Building). The proposed zoning designation of CF is consistent with the
proposed CF-P Future Land Use Map designation and "child care centers" are listed as
a permitted use in the CF district [LDR Section 4.4.21 (B)(4)].
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 3
Adjacent Land Use Map Designations, Zoning Designations & Land Uses:
North: North of the subject property, across Lake Ida Road has a FLUM designation of
LD and is zoned R-l-AA (Single Family Residential). The property is developed as a
single family subdivision (Chew Chase).
South and West: The abutting properties to the south and west have a FLUM
designation of LD and are zoned R-1-A. The properties are developed as single family
lots.
East'. East of the property, has a FLUM designation of CF-P and is zoned CF. The
existing use of the property is the existing Community Child Care Center.
Allowable Land Uses:
Under the proposed CF-P designation, current and future sites for public buildings and
single function buildings for community related purposes are allowed. The applicant has
requested a zoning designation of CF (Community Facilities) which is consistent with
the proposed FLUM designation of CF-P.
COMPREHENSIVE PLAN POLICIES:
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable Objectives and Policies were found.
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 circumstances. The need
must be supported by data and analysis verifying the changing demographics
or other circumstances. This requirement shall not apply to requests for the
FLUM designations of Conservation or Recreation and Open Space; nor shall
it apply to FLUM changes associated with annexations when the City's
advisory FLUM designation is being applied or when the requested
designation is of a similar intensity to the advisory designation. However, the
findings described in the remainder of this policy must be addressed with all
FLUM amendments.
The FLUM change involves a lot currently occupied by the Child Care Center as well
as the area proposed for further expansion. The change on the lot occupied by the
Child Care Center is appropriate, as the new designation accommodates the
existing use. While the proposed expansion could be accommodated under the
existing zoning and FLUM designations an inconsistency would exist. It is therefore
more appropriate at this time to seek a CF-P land use designation.
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 4
[] Consistency -- The requested designation is consistent with the goals,
objectives, and policies of the most recently adopted Comprehensive Plan.
The proposal is consistent with the goals, objectives and policies of the City's
Comprehensive Plan. The following are applicable goals and objectives and policies.
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 in
terms of'soil, topographic, and other applicable physical conditions, is
complementary to adjacent land uses, and fulfills remaining land use needs.
The vacant lots have been disturbed (mowed) and the existing single family homes
will be demolished as part of this development proposal. Therefore, there will be no
physical conditions that would prevent redevelopment of the property. The property
can be developed under the CF zoning in a manner that would be complementary to
the adjacent residential development as discussed below under Standards for
Rezonings. While a child care facility has not been identified in the Comprehensive
Plan as a remaining land use need it is a needed use in the community. The unmet
child care need is the catalyst for the proposed expansion of the existing facility.
Housing Policy A-12.1: The City shall evaluate the effect that any street
widening or traffic circulation modification may have upon an existing
neighborhood, and shall allow opportunity for public input on the proposed
change. If it is determined that the widening or modification will be
detrimental and result in a degradation of the neighborhood, the project shall
not be permitted.
The development proposal includes the abandonment of a portion of NW 4th Terrace
and NW 6th Avenue. The portion of NW 6th Avenue that is to be abandoned serves
as access to the Community Child Care Center's main entrance and drop-off. NW
4th Terrace is a 14' wide improved alley which abuts 13 lots, 5 of which take
secondary access from the alley to the rear of their property. Trash removal is also
accommodated from the alley. It is noted that all 13 lots have primary access along
their frontage from the abutting rights-of-way (Lake Ida Road and NVV 4th Street). At
this time a determination has not been as to whether right-of-way will be rededicated
along the west side of the development to provide a north/south connection from 4th
Street to the alley, or if the alley will be terminated with a cul-de-sac or "T" turn
around. Ultimately the parameters of the development proposal will be dependent
upon the acquisition of the properties identified in this report. As a sketch plan has
not been submitted to date to fully examine this issue, this policy will be addressed
with the site plan and abandonment applications, and public input will be taken at
that time.
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
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 5
a degradation of any neighborhood, the project shall be modified accordingly
or denied.
As discussed above, traffic modifications are being considered with the development
proposal, however they should not negatively impact the circulation pattern of the
neighborhood. Alternatives including dedication of right-of-way, "T" turnaround and
cul-de-sac will be considered with the site plan and abandonment applications.
Noises associated with the creation of new outdoor playground areas are a concern
if placed on the western edge of the site adjacent to the existing single-family
dwellings. If new playgrounds are planned they are to be situated to the east
adjacent to the existing center to help mitigate any negative impacts.
Concurrency- Development at the highest intensity possible under the
requested designation can meet the adopted concurrency standards.
Streets and Traffic:
A traffic impact study was not submitted with the request, however staff conducted a
preliminary traffic analysis as follows. The current R-1-A zoning designation
generally permits only single family dwellings at a maximum density of 5 units per
acre. The Palm Beach County Traffic Performance Standard Ordinance establishes
traffic generation rates of 10 average daily trips (ADT) per unit for single family
residences. With R-1-A zoning and a density of 5 units per acre, a maximum of 7
units could be developed generating 70 ADT. The ultimate development potential of
the site to accommodate a 20,000 square foot child care center would generate
1,110 ADT. Thus, there is a net potential increase of 1,040 ADT from the proposed
rezoning.
Lake Ida Road was recently widened and is currently operating at Level "C".
Adequate capacity exists on Lake Ida Road to accommodate the traffic demands of
this project. The submittal of a traffic study that meets the criteria as outlined in the
Palm Beach County Traffic Performance Standards will be required at time of site
plan approval.
Water and Sewer:
Preliminary water and sewer plans were not provided with the rezoning application.
Water and sewer mains exist within that portion of NW 4th Terrace and NW 6TM
Avenue that is to be abandoned as part of this project. The relocation of water and
sewer mains and upgrades to the system will be required. This item will be further
reviewed at time of site plan approval. The rezoning from R-1-A to CF will generate
an increase in water and sewer demands, however, there is adequate capacity at
the existing facilities to handle the water and sewage demands generated from this
development.
Parks and Open Space:
Park dedication requirements do not apply for nonresidential uses. Thus, there will
be no impact on this level of service standard.
P&Z Staff Report
· Rezoning from R-loA to CF for the Community Child Care Center
Page 6
Solid Waste:
The proposed 20,000 sq.ft, child care center will generate 35 tons of solid waste per
year. The potential of 7 single family homes would generate 13.93 tons of solid
waste per year. While there is a net increase in solid waste generation (21.07 tons),
the Solid Waste Authority indicates in its annual report that the established level of
service standards for solid waste will be met for all developments until 2021.
Drainage:'
Paving and drainage plans are not required for the FLUM and rezoning analysis.
Drainage will most likely be accommodated via sheet flow to sodded areas and/or by
an ex'filtration trench system. If the rezoning is approved, a paving and drainage plan
must be provided with submittal of the site plan, and positive findings with respect to
this level of service standard must be made at that time.
r~ Compatibility -- The requested designation will be compatible with the existing
and future land uses of the surrounding area.
Compatibility is discussed below under the Standards for Rezoning.
Compliance - Development under the requested designation will comply with
the provisions and requirement of the Land Development Regulations.
Compliance with the Land Development Regulations will be further addressed with
review of a site and development plan.
ZONING ANALYSIS:i?i ~;, ~
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 Future Land Use Consistency, concurrency, Comprehensive
Plan Consistency and Compliance with the Land Development Regulations.
Future Land Use Map, Concurrency and Comprehensive Plan Consistency were
previously discussed under the Future Land Use Map Analysis section of this report.
Compliance with respect to the Land Development Regulations (Standards for
Rezoning Actions, and Rezoning. findings) are discussed below.
Consistency: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.$(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
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 7
Comprehensive Plan may be used in the making of a finding of overall
consistency.
Section 3.3.2 (Standards for Rezoning Actions): Standards A-C are not applicable.
The applicable performance standard of Section 3.3.2 is 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 subject property is bordered by the following zoning designations and
existing land uses: on the north, across Lake Ida Road by R-l-AA zoning (a
single family subdivision known as Chevy Chase); to the east by CF (Community
Facilities) zoning (the existing Child Care Center); and to the west and south, by
A-1-A zoning (single family lots).
Compatibility with the adjacent property to the east is not a concern as it is the
existing child care center. While R-l-AA property is located on the north side of
Lake Ida Road, the use will be separated by an 80' right-of-way that contains a 4
lane divided roadway with heavy landscaping. In order to mitigate impacts on the
remaining residential properties to the west and south zoned R-l-A, a wall or
hedges 4 1/2' height at the time of planting and trees 25' on center should be
provided along these property lines. Further, outside playground areas should
not be located immediately adjacent to these properties. The Community Child
Care Center is a neighborhood facility serving the needs of the immediate
neighborhood and has co-existed with the neighborhood for many years.
Therefore, this rezoning proposal will not be introducing a new use to the area.
Section 2.4.5(D)(5) (Rezoning Findings):
Pursuant to Section 2.4.5(D)(1) (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:
That the zoning had previously been changed, or was originally
established, in error;
That there has been a change in circumstances which make the
current zoning inappropriate;
That the requested zoning is of similar intensity as allowed under the
Future Land Use M~;p and that it is more appropriate for the property
based upon circumstances particular to the site and/or
neighborhood.
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 8
The applicant submitted a justification statement as a part of the rezoning application.
The statement indicates that the applicable reason is "c". The justification statement is
summarized below:
"This project will be an expansion to the existing Community Child Care Center
operations which is currently in the CF designation. It would be more appropriate
to expand this designation to the new properly".
Comment: The justification statement addresses Item "c" as the basis for which the
rezoning should be granted. While the child care facility could be accommodated under
the existing zoning designation of R-l-A, the CF district was created as a special
purpose district that is intended to permit uses that serve public or semi-public
purposes. Under these circumstances the rezoning to CF is more appropriate. The
rezoning of the property will accommodate an expansion of an existing child care facility
which services the neighborhood. Further, the requested zoning of CF is of similar
intensity as allowed under the Future Land Use Map designation, which is to be
changed to CF-P. Based on the above, it is more appropriate for the property based
upon circumstances particular to this site and neighborhood to rezone it from R-1-A to
CF.
The rezoning is not in a geographic area requiring review by either the HPB (Historic
Preservation Board), DDA (Downtown Development Authority) or the CRA (Community
Redevelopment Agency).
Courtesy Notice:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. A special certified notice has been sent to each of the property
owners of record.
Courtesy notices have been sent to:
Lake Ida Homeowners Association
Delray Lakes Homeowner's Association
Letters of objection or support, if any, will be presented at the P & Z Board meeting.
The Future Land Use Map amend.ment from LD to CF-P is consistent with the policies
of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. The
FLUM amendment will allow the entire development to have the same FLUM
designation. The rezoning from R-1-A to CF is consistent with the policies of the
Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive
findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the
rezoning is appropriate given certain circumstances particular to the site and
P&Z Staff Report
Rezoning from R-1-A to CF for the Community Child Care Center
Page 9
neighborhood. The change in FLUM and zoning designations will provide consistency
and accommodate the expansion of an existing well established community oriented
facility.
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Recommend approval of the Small Scale FLUM Amendment from LD to CF-P and
rezoning of the subject property from R-1-A to CF for the Community Child Care
Center based on positive findings with respect to LDR Section 3.1.1 (Required
Findings), Section 3.3.2 (Standards for Rezoning Actions), Section 2.4.5(D)(5)
(Rezoning Findings) of the Land Development Regulations and policies of the
Comprehensive Plan.
C. Recommend denial of the FLUM amendment and rezoning, based on a failure to
make positive findings with respect to Future Land Use Element Policy A-1.7 of the
Comprehensive Plan (FLUM Amendment Findings) and Section 2.4.5(D)(5) that the
rezoning is not more appropriate for the property based upon circumstances
particular to the site and/or neighborhood.
Recommend approval of the Small Scale FLUM Amendment from LD to CF-P on lots
46, 49, 53, 54, 57, 59, 60, & 61 and rezoning request from R-1-A (Single Family
Residential) to CF (Community Facilities) on Lots 46, 49, 53, 54, 59, 60, & 61 for the
Community Child Care Center, based upon positive findings with Future Land Use
Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings) and
Section 3.1.1 (Required Findings), Section 3.3.2 (Standards for Rezoning Actions), and
Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations and
policies of the Comprehensive Plan.
Attachments:
· Zoning Map
OSR
SR
CF
MARTIN
KING J~. DRIVE 2ND
IN
COMMUNITY CHILD CARE CENTER
REZONING FROM: Rol-A (SINGLE FAMILY RESIDENTIAL) TO: CF (COMMUNITY FACILITIES)
CF'C
CF'$
S.D. SPADY
ELEMENTARY
SCHOOL
2ND
N
COMMUNITY CHILD CARE CENTER
FUTURE LAND USE MAP AMENDMENT FROM: LID (LOW DENSDT'Y RESIDENTIAL, 0-5 UNITS/ACRE)
TO: CF-P (COMMUNITY FACILITIES-PUBLIC BUILDING)
TO:
THRU:
FROM:
SUBJECT:
DAVJ~D T. HA.R)DE~, .CITY MANAGER
AND ZONING DIRECTOR
MEETING OF JULY 25, 2000
AMENDMENT TO THE CITY'S CODE OF ORDINANCES SECTIONS
32.26-32.30 CITY OF DELRAY BEACH EDUCATION BOARD
At the workshop meeting of June 13, 2000, the City Commission discussed changes to
the Education Board's Composition, Duties and Responsibilities. The City Commission
was supportive of increasing the Board's membership from 7 regular members and 2
student members to up to 12 regular members and 2 student members. The attached
amendment provides for an 11-member board, as it would be more appropriate for
voting purposes. Other modifications to the ordinance include the preparation of an
annual "State of the Schools" presentation instead of a report, and changing the name
of the Education Expo to School Showdown of the Arts. In addition to the above,
Section 32.29(H) of the Code of Ordinances is being changed to broaden the Education
Board's comments to the City Commission. By monitoring the School Board of Palm
Beach County's 5-year Capital Improvement Plan, comments will be provided on not
only racial balance issues, but such items as the siting of new schools, bussing,
attendance boundary changes, and funding issues. The Rules of the City of Delray
Beach Education Board must also be modified to be consistent with the changes to the
Code of Ordinances. Action on that item will coincide with the second reading of
Ordinance.
At its meeting of July 17, 2000, the Education Board discussed the changes to the Code
of Ordinances and the Rules of the Education Board and unanimously recommended to
the City Commission approval of the changes.
Approve upon the first reading the attached amendments to the Code of Ordinance
Section 32.26 - 32.30 Education Board, and set a public hearing date of August 15,
2000.
Attachments: Ordinance by Others
ORDINANCE NO. 14-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DF.I .RAY BEACH, FLORIDA, AIVI~IqDING CHAPTER 32,
'~DEPARTIvlENTS, BOARDS AND COMMISSIONS", SUBHEADING
"EDUCATION BOARD", OF THE CODE OF ORDINANCES OF THE
CITY OF D~.IRAy BEACH, BY AMENDING SECTION 32.26,
"COMPOSITION; APPOINTMENT; TERMS", TO PROVIDE FOR
INCRF_~SED BOARD MEMBERSHIP; AMENDING SECTION 32.29,
"DUTIES AND RESPONSIBILfI1ES", BY AMENDING SUBSECTION
32.29(D) TO PROVIDE FOR A "STATE OF SCHOOLS"
PRESENTATION, BY AIvlENDING SUBSECTION 32.29(I-I) TO
PROVIDE FOR COIVllVlENTS BY THE EDUCATION BOARD TO THE
CflY REGARDING THE SCHOOL BOARD OF PALM BEACH
COUNTY'S FIVE YEAR CAPITAL IMPROVEMENT PROGRAM AND
ITS IMPACT ON CITY SCHOOLS; AMENDING SECTION 32.30,
"MEETINGS; REPORTS", BY AMENDING THE HEADING OF AND
SUBSECTION $2.30(C) TO DF.I.F. TE REFERENCES TO REPORTS,
REPLACING REPORTS WITH A "STATE OF SCHOOLS"
PRESENTATION WHICH IS INCORPORATED IN SUBSECTION
32.29(D); PROVIDING A GENERAL REPEALER CI_2,USE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHERF~S, the City Commission of the City of Dekay Beach, Florida, deems the
state of city schools to be an utmost priority; and
~'HERF_.,AS, the City Cornmissioll desires to strengthen the Education Boord by
providing for increased membership; and
w}-rF.R.E,.A_S, the City Commission desires to ehrlCy and update some of the duties
and responsibilities of the Education Bo~d.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section L That Chapter 32, ''Departments, Boaxds and Comrni~sions", Subheading
"Education Boaxd", Section 32.26, "Composition; Appointment; Terms", of the Code of
Ordinances of the City of Dekay Beach is hereby amended to read as follows:
Section 32.26 COMPOSITION; APPOINTMENT; TERMS.
The Education Board shall be composed of mc ~) eleven (11) regnlar members,
and two ~ student members. Szr.~n ~,t7) ~ regular members shall be
appointed by the City Commission for terms of two (2) years, except that the members of the f~t
Board to serve shall be appointed so that three (3) members shall serve one (1) year terms, and four
(4) members shall serve two (2) year terms, and except that the 8* and 9~ re~m.~lar members shall
iniHallv serve for one (1) year terms and the lffh and 11* re~m~ar rnemhers shall serve for two
year terms. Thek successors shall be appointed to two (2) year terms. It is further provided that no
member may serve more than two successive terms on this Board. Two (2) student members shall
be appointed by the City Commission for a one (1) year term and a two (2) year term, respectively,
except that the first student members appointed shall serve as follows: One (1) year tema ending
July 31, 1995; two (2) year term ending July 31, 1996. Their successors shall be appointed thereafter
to full one and two year terms. No student member may serve more than one term.
Section 2. That Chapter 32, "Depamnents, Boards and Commissions", Subheading
"Education Board", Section 32.29, "Duties and Responsibilities", of the Code of Ordinances of the
City of Dekay Beach is hereby amended to read as follows:
Section 32.29 DUTIES A.ND RESPONSIBILITIES.
The duties and responsibilities of the Education Board shall be as follows:
(A) Monitoring of School Board activities.
03) Serve as liaison between the School Board of Palm Beach County and the City
Commission.
(C) Partidpate in an information exchange via school newsletters and principal's
office with the ~dministtafion of each Delray Beach school as well as those attended by Delray
Beach students elsewhere.
(12}) Preparation of an unnual "State of Schools"
(E) Development of ~ex:ommendarions to the City Commission for forwarding to
the School Board of p~lm Beach County regarding actions which may be taken in support of
schools in Delray Beach and with ~espect to proposed legislation at the state level.
2 Ord. No. 14-00
(F) Mainten.nce ora continuous public relations effort to improve and m.lntain the
public im.ge of' Delray Beach schools. This effort should include, but not be limited to, the
following:
(1) Placement of favorable material in local media;
(2) Development of brochures and other materiulu to be utilized in "marketing"
the Delray Beach schools.
(G) Identifying and attracting state and federal programs and grants in direct
support of Delray Beach schools.
(H) Provide comments to the City Commission regarding ~
__a .1-_:_: ............ u .... :_~ L_, .... ~£ --1---~- the School Board of Palm Beach County's 5-
Year Capital Improvement Plan and its impact upon city schools.
Section 3. That Chapter 32, "Departments, Boards and Commissions", Subheading
"Education Board", Section 32.30, "Meetings; Reports", of the Code of Ordinances of the City of
Delray Beach is hereby umended to read as follows:
Section 32.30 MEETINGS~gI)OR-~.
(A) The Education Board shall meet at least once monthly on a regular basis, with a
regmhr meeting date of the first Monday of each month, except for,when that date falls on a holiday
under `which circumstance the Board shall establish another regnl~r meeting date for that month.
The Education Board may hold special meetings at the direction of its Chairperson upon twenty-
four (24) hour notice.
(B) All meetings shull be open to the public and the order of business and procedure
to be folio.wed sh~ll be as prescribed xlrithin the rules and regulations to be adopted by the Education
Board.
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 decision shull not affect the validity of the remainder hereof as a `whole or part thereof
other rh~n the part de,%red to be invalid.
3 Ord. No. 14-00
Section $. That all orclin.nces or parts o£ orclln.nces iD convict herewith be, and
the same ~Lte hereby repealed.
Section 6. That this ordinance shall become effective immediate}y upon its passage
on second and final reading.
PASSED AND ADOPTED in reg~hr session on second and final reading on this
day of ,2000.
A'ri'tiST:
MAYOR
City Clerk
First Reading
Second Reading
4 Ord. No. 14-00