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Agenda Reg 11-07-00 DEL~Y B~CH CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETIN~ ~ NOVEMBER 7, AIl.,~med~Oity 2000 - 6:00 P.M.; PUBLIC HEARING 7:00 COMMISSION CHAMBERS 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 Randolph 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, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 2. 3. 4. 5. 6. Roll Call. Invocation. Pledge of Allegiance to the Flag. Agenda Approval. Approval of Minutes: Proclamations: A. National Bible Week - November 19-26, 2000 Presentations: RESOLUTION NO. 87-00: A resolution recognizing and commending J.Leroy Croft posthumously for having been a Pioneer Resident of Delray Beach and for having served the City of Delray Beach with distinction and dedication. Lori J. Durante, Director-Curator, Museum of Lifestyle & Fashion History, Inc. Consent Agenda: City Manager recommends approval. LIEN REVIEW ADVISORY TEAM: Approve an increase in the regular membership from five to seven members, with three alternate members, and ratify the recommended list of appointees to the Lien Review Advisory Team. RESOLUTION NO. 88-00: Approve a resolution vacating and abandoning a portion of the Laing Street right-of-way located between Andrews Avenue and the Intracoastal Waterway, based upon positive findings. Co RESOLUTION NO. 89-00 (ABANDONMENT AREA 9-A): Approve a resolution vacating and abandoning that portion of the east/west alley right-of-way lying adjacent to the south lot lines of Lots 4 through 20, inclusive, Block E, Plat of La Hacienda, within the North Federal Highway area, based upon positive findings. This is a City-initiated action. D. RESOLUTION NO. 90-00 (ABANDONMENT AREA 9-B): Approve a resolution vacating and abandoning the entire east/west alley Regular Commission Meeting November 7, 2000 right-of-way lying within Block D, Plat of La Hacienda, within the North Federal Highway area, based upon positive findings. This is a City-initiated action. RESOLUTION NO. 91-00 (ABANDONMENT AREA 9-C): Approve a resolution vacating and abandoning the entire north/south alley right-of-way lying within Block D, Plat of La Hacienda, within the North Federal Highway area, based upon positive findings. This is a City-initiated action. RESOLUTION NO. 92-00 (ABANDONMENT AREA 9-D): Approve a resolution vacating and abandoning that portion of the east/west alley right-of-way lying adjacent to the north lot lines of Lots 5 through 17, inclusive, Block C, Plat of La Hacienda, within the North Federal Highway area, based upon positive findings. This is a City-initiated action. RESOLUTION NO. 93-00 (ABANDONMENT AREA 9-E): Approve a resolution vacating and abandoning the entire alley right-of-way lying within Block A, Plat of Snow Hill, within the North Federal Highway area, based upon positive findings. This is a City-initiated action. Ho RESOLUTION NO. 95-00 (STATEWIDE MUTUAL AID AGREEMENT): Approve a resolution authorizing the Mayor and the City Clerk to execute a revised Statewide Mutual Aid Agreement through the Department of Community Affairs, Division of Emergency Management, for catastrophic disaster response and recovery. SECOND AMENDMENT TO AGREEMENT WITH MEDICAL DIRECTOR: Approve the Second Amendment to the Agreement between the City and Randall L. Wolff, M.D. (Medical Director) to provide for an increase in compensation to Dr. Wolff. J. CONSULTING AGREEMENT WITH LANGTON ASSOCIATES FOR GRANT WRITING Ko SERVICES: Approve a consulting agreement with Langton Associates, Inc. for grant writing services for the period November 1, 2000 through October 31, 2001, with an option to extend the agreement for two (2) one-year periods upon mutual agreement. REMOVED CONSENT TO ASSIGNMENT OF PARKING LEASE/MARIPOSA RETIREMENT HOME: Approve a Consent to Assignment of a lease which provides off-site parking spaces for the Mariposa Retirement Home located at 48 S.E. 1st Avenue. SECOND AMENDMENT TO LICENSE AGREEMENT/D~LWRY BEACH ACADEMY. Approve a second amendment to the license agreement between the City and Delray Beach Academy, Inc. to allow the continued use of the facilities at Pompey Park through June 15, 2001 -3- R~gul~r Commission Meeting November 7, 2000 N. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENTS WITH SIX SUBRECIPIENTS: Approve and authorize the execution of funding agreements with six (6) subrecipients (Alpha-Time Children's Center, Boys & Girls Clubs of Palm Beach County, Delray Beach Housing Authority, Fair Housing Center of the Greater Palm Beaches, "I Have A Dream" Foundation, and Urban League of Palm Beach County) under the Community Development Block Grant (CDBG) program for FY 2001, with total funding in the amount of $116,350 from various accounts within the CDBG fund. AGREEMENT FOR USE OF NORTHERNMOST CITY BEACH ACCESS/COASTAL SYSTEMS INTERNATIONAL, INC.: Approve an agreement between the City and Coastal Systems International, Inc. that will allow Coastal Systems to use the City's northernmost public beach access to move equipment and materials to a construction site at 3435 North Ocean Boulevard, contingent on receipt of a letter of credit. REJECTION OF BIDS AND APPROVAL OF CONTRACT ADDITION WITH REPUBLIC CONSTRUCTION FOR LAKEVIEW GOLF COURSE RESTROOM BUILDING: Reject all bids received for the Lakeview Golf Course Restroom project and, alternatively, approve a contract addition (C.O. #3) in the amount of $48,410.00 with Republic Construction and Development Corporation under the Veterans Park Restroom Modifications contract, with funding from 446-4761-572-62.10 (Lakeview Golf Course Buildings). REJECTION OF BIDS/RECONSTRUCTION OF DRINKING WATER WELL #26: Reject the bids received for the Reconstruction of Drinking Water Well #26 project, and authorize staff to rebid as an abandonment/replacement project as opposed to well reconstruction. REJECTION OF BIDS/LANDSCAPE MAINTENANCE - ATLANTIC AVENUE GREENWAY PLAN (VACANT LOTS): Reject all bids received for the Atlantic Avenue Greenway Plan (Vacant Lots) landscape maintenance contract, and authorize staff to rebid the project with revised specifications. GROVE SQUARE DEVELOPER'S AGREEMENT: Approve an agreement between the City and G.A.A.C.H., Inc. (Developer) for joint participation in the improvements along S.E. 2nd Avenue associated with the Grove Square development. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by the South Central Regional Wastewater Treatment and Disposal Board at the quarterly meeting of October 19, 2000. RESOLUTION NO. 83-00: Approve a resolution assessing costs for the emergency board-up of an unsafe structure located at 45 N.W. 14th Avenue. -4- R~gula'r Commission Meeting November 7, 2000 RESOLUTION NO. 84-00: Approve a resolution assessing costs for the demolition of an unsafe structure located at 18-24 N.W. 6th Avenue. RESOLUTION NO. 85-00: Approve a resolution assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from seven (7) properties within the City. RESOLUTION NO. 86-00: Approve for action necessary to abate properties throughout the City. a resolution assessing costs nuisances on seventeen (17) FINAL PLAT APPROVAL/SOUTH CONGRESS COMMERCE CENTER: Approve the final subdivision plat for South Congress Commerce Center, a proposed two lot commercial subdivision located north of Marty Pladell Drive between Congress Avenue and N.W. 18th Avenue. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 16th through November 3, 2000. AA. AWARD OF BIDS AND CONTRACTS: Award in the amount of $34,850 to Calico Racquet Courts Inc. (Cai-Cap) for the resurfacing of four (4) tennis courts at the Delray Beach Tennis Center, with funding from 001-4124-572-46.90 (Other Repair/Maintenance Costs). Purchase award in the amount of $18,300 to NuCrane Machinery for the purchase of a John Deere Aercore 2000 Aerator for the Municipal Golf Course, with funding from 445-4761-572-64.90 (Capital Outlay Other Machinery/Equipment). Contract renewal with Commercial Chemical Products for the purchase of sodium hypochlorite at an estimated annual cost of $20,240, with funding from 441-5122-536-52.21 (Chemicals). Contract award in the amount of $19,500 to Insituform Technologies, Inc., via Broward County contract, for trenchless sanitary sewer rehabilitation of 325 feet of 15" gravity sewer located at N.E. 2nd Street and N.E. 4th Avenue, with funding from 442-5178-536-63.51 (R&R Sewer Mains). Contract award in the amount of $197,926.00 to Chaz Equipment Company, Inc. for the Royal Palm Boulevard Paving & Drainage Improvements project, with funding in the amount of $72,590.00 from 442-5178-536-65.04 (Water & Sewer R&R) and $125,336.00 from 448-5461-538-65.04 (Stormwater/Royal Palm Boulevard). -5- R~gul~r Commission Meeting November 7, 2000 Bid award in the amount of $162,310.00 to Intrastate Construction Corporation for the Lake Ida Road Force Main Relocation and Sabal Lakes/Lake Forest Water Main Crossing projects, along with a contract deletion (C.O. Mi) in the amount of $74,000 to delete bid item 03 (crossing at Sabal Lakes/Lake Forest), for a total project amount of $88,310.00, with funding from 442-5178-536-65.18 (Lake Ida Road utility Relocations). Renewal of the annual maintenance agreement with HTE for software applications at the Police Department for the period October 1, 2000 through September 30, 2001, in the amount of $55,592.00 with funding from 001-2113-521-46.90 (Police Support Services - Other Repair/Maintenance Costs). Purchase award in the total amount of $16,680 to Academy Indoor Gun Range, Inc. for the purchase of forty (40) Glock .40 caliber handguns as replacement weapons for the Police Department, with funding from 001-1211-521-52.27 (Police Administrative Services - Equipment <$750). Renewal of lease agreement with Mears Motor Leasing for a one year lease of six (6) unmarked vehicles for the Police Department's Vice, Intelligence and Narcotics Unit in the amount of $37,090, with funding from 001-2115-521-44.40 (Police Investigative Vehicles Rental/Lease). 9. Regular Agenda: WAIVER & CONDITIONAL USE REQUESTS/STEALTH TELECOMMUNICATIONS TOWER AT DEL~AY'S LOST DRIVE-IN: Consider a request for two waivers and conditional use approval to allow a 90 ft. high stealth telecommunications tower (flagpole) to be located on the Delray's Lost Drive-In site. The subject property is located on the east side of North Federal Highway, approximately 500 feet north of Allen Avenue, and is zoned GC (General Commercial) District. QUASI-JUDICIAL PROCEEDING CONDITIONAL USE REQUEST/HOUSE OF GOD CHURCH: Consider a request for conditional use approval to allow the establishment of the House of God Church on Lots 15 and 16, Block 35, Town of Delray. The subject property is located at the northwest corner of N.W. 1st Street and N.W. 3rd Avenue. It is zoned R-1-A (Single Family Residential) and is located within the West Settlers Historic District. QUASI-JUDICIAL PROCEEDING REQUEST FOR WAIVER (RECONFIGO-RATION OF NONCONFORMING LOTS IN OSCEOLA PARK): Consider approval of a waiver to LDR Section 4.3.1(D) to allow the reconfiguration of existing nonconforming lots to create new nonconforming lots for Lots 7 & 8, Block 4, Osceola Park, located at the northwest corner of -6- ~egular Commission Meeting November 7, 2000 S.E. 4th Avenue and S.E. 5th Street. The recommended action is to DENY the waiver request. QUASI-JUDICIAL PROCEEDING D. RESOLUTION NO. 94-00 (2ND AMENDMENT TO WEST ATLANTIC AVEN~3E REDEVELOPMENT PLAN): Consider approval of a resolution adopting the Second Amendment to the West Atlantic Avenue Redevelopment Plan. E. WAIVER REQUESTS AND FINAL PLAT APPROVAL FOR LANE SUBDIVISION: Consider approval of three waiver requests (pavement width, sidewalks, and right-of-way width) and the final subdivision plat for Lane Subdivision, a proposed four lot single family development to be located east of Andrews Avenue on the north and south sides of Hammond Road. USE OF IN-LIEU OF PARKING FEES: Consider approval of the use of $40,000 of in-lieu of parking fees for Phase II of the Decorative Street Signage program for parking directional signs, parking locator signs, parking lot directional signs, parking lot internal signs and other directional/informational signs. AGREEMENT WITH CHRIS EVERT CHARITIES, INC.: Consider approval of a license agreement that would allow Chris Evert Charities, Inc. to use the Tennis Center for a two-day Pro-Celebrity Tennis Classic to be held on December 2 and 3, 2000. POLICY CHANGES AT THE MUNICIPAL GOLF COURSE: Consider approval of proposed policy changes at the Municipal Golf Course to allow non-resident prepaid permits up to 50, and to allow non-residents to call in for tee times at specified times. I. FY 2001 PERFORMANCE MEASURES FOR THE MUNICIPAL AND LAKEVIEW GOLF COURSES: Consider approval of the proposed FY 2001 performance measures for the Municipal and Lakeview golf courses. J. FY 2001 PERFORMANCE MEASURES FOR THE TENNIS CENTER AND DELRAY Lo SWIM & TENNIS CLUB: performance measures and Tennis Club. Consider approval of the proposed FY 2001 for the Tennis Center and the Delray Swim SPECIAL EVENT REQUEST/FIRST NIGHT: Consider a request for special event approval for First Night 2001 to be held on December 31, 2000 from 4:00 p.m. until midnight, to include a temporary use permit for the use of City facilities and rights-of-way (street closures), staff support, waiver of overtime costs and facility and equipment costs, and to provide portable lighting for street intersections. SPECIAL EVENT REQUEST/FOTOFUSION 2001: Consider a request for special event approval for Fotofusion 2001 to be held January -7- ~egular Commission Meeting November 7, 2000 23-27, 2001, including sign preparation, staff support for banner hanging, and waiver of rental fees and signage costs. Mo SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for the December 7, 2000 Art & Jazz, including temporary use permits for street closures, staff support, use of City equipment, and specified overtime costs. N. SETTLEMENT OFFER/PFLEGER V. CITY OF DELRAY BEACH CLAIM: Consider a settlement offer in the referenced matter. O. SETTLEMENT OFFER/ALTIDOH V. CITY OF DELRAY BEACH: Consider a settlement offer in the referenced matter. P. OFFER OF JUDGMENT/SULLIVAN V. CITY OF DELRAY BEACH: Consider an offer of judgment in the referenced matter. Q. SETTLEMENT OFFER/SNYDER V. KILGORE, MUSCO, COLE, LINCOLN AND NANCY ADAMS: Consider a settlement offer in the referenced matter. PURCHASE OF EMERGENCY R. MEDICAL CARE REPLACEMENT VEHICLE: Consider approving the purchase of an Emergency Medical Care replacement vehicle, via a joint bid with the City of Boca Raton, in the amount of $135,050, with funding from 501-3312-591-64.20 (Vehicle Replacement). 10. Public Hearings: ORDINANCE NO. 28-00: An ordinance amending Chapter 37, "Delray Beach Code Enforcement", of the City Code to provide for various changes of a procedural nature which were brought about by revisions made to Chapter 162 of the Florida Statutes this year. Bo ORDINANCE NO. 29-00: An ordinance amending Chapter 90, "Abandoned Property", of the City Code to provide for updated definitions, revisions to certain notice requirements and to provide for language as prescribed by Chapter 705 of the Florida Statutes. 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. 30-00: An ordinance amending the Silver Terrace Special Activities District Ordinance to allow additional uses -8- REgular Commission Meeting November 7, 2000 along Dixie Highway. If pa~sed, a scheduled for November 21, 2000. 13. Comments and Inquiries on Non-Agenda Items. City Manager City Attorney City Commission public hearing will be -9- CITY COMMISSION - CITY OF DELRAY BEACH REGULAR MEETING - NOVEMBER 7~ 2000 - 6:00 P.M. COMMISSION CHAMBERS AGENDA ADDENDUM THE REGULAR AGENDA IS AMENDED BY ADDING ITEM 9.S. AS FOLLOWS: 9. REGULAR AGENDA S. TEMPORARY AGREEMENT TO OBTAIN WATER/MARKETPLACE OF DELRAY PLAZA: Consider approval of a Temporary Agreement to Obtain Water for a period of ninety (90) days for certain properties within the MarketPlace of Delray shopping plaza located at the northwest comer of Military Trail and Atlantic Avenue. Addendum. 11.7.00 Rcg. Mtg. WHEREAS, the Bible has been a constant source of moral and spiritual guidance for many people throughout the centuries; and WHEREAS, the Bible has profoundly influenced art, literature, music, and codes of law; and WHEREAS, the Bible has motivated many to acts of compassion and charity; and WHEREAS, the Bible continues to provide inspiration, hope and comfort for millions of Americans today; and WHEREAS, for sixty years women and men of many faiths have banded together with the National Bible Association to sponsor National Bible Week as a time to be reminded of the Bible's unique place in American life; and WHEREAS, this annual celebration has encouraged the reading of the Bible. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim November 19th to November 26, 2000 as BIBLE WEEK and encourage interested citizens to participate in this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 7th day of November, 2000. DAVID W. SCHMIDT MAYOR The City of . . ~ .... ........ Ud~-~ OKLAHOMA CITY ® ~ HUMPH~S, Mayor < ~ October 11, 2000 ~ ~1 OCT 272000 Dear Fellow Mayor: The National Bible AssoCiation is sponsoring, for the 60th consecutive year, the interfaith observance of National Bible Week. It will take place November 19-26, 2000. I am privileged to serve as Chair of the Mayor's Committee for this celebration. I ask that you issue a proclamation calling for Bible Week observance. A draft is enclosed for your use. Please adapt this in whatever way you wish. For National Bible Week the sponsors are providing the media with materials for a public service advertising campaign designed to remind all Americans of the Bible's importance. Also, nonsectarian biblical materials are being provided for free distribution in local observances throughout the nation. If you send a copy of your proclamation to the Chair of National Bible Week, Thomas Kinkade, it will be displayed at the National Bible Week Interfaith Inaugural Luncheon which will be held at the Waldorf-Astoria in New York City on Tuesday, November 7, 2000. Please send your proclamation to: National Bible Association 1865 Broadway New York, New York 10023 Attn: Thomas Kinkade, National Chair It should reach the office by November 3rd to be included in the display at the luncheon. Your cooperation in this effort is greatly appreciated. Sincerely, Kirk Humphreys Mayor E~crosure - Sample Proclamation 200 North Walker * Oklahoma City, OK 73102 * 405/297-2424 * FAX 405/297-3759 DRAFT TEXT of Mayor's Proclamation for BIBLE WEEK, November 19 - 26, 2000 WHEREAS, the Bible has been a constant soume of moral and spiritual guidance for many people throughout the centuries; and WHEREAS, the Bible has profoundly influenced art, literature, music, and codes of law; and WHEREAS, the Bible has motivated many to acts of compassion and chadty; and WHEREAS, the Bible continues to provide inspiration, hope and comfort for millions of Americans today; and WHEREAS, for sixty years women and men of many faiths have banded together with the National Bible Association to sponsor National Bible Week as a time to be reminded of the Bible's unique place in American life; and WHEREAS, this annual celebration has encouraged the reading of the Bible; NOW THEREFORE, I, , Mayor of the City of hereby do Proclaim November 19 to 26, 2000 as "BIBLE WEEK" in the City of , and encourage interested citizens to participate in this observance. IN WITNESS WHEREOF, I hereunto have set my hand and caused the seal of the City of be affixed this day of ., 2000. RESOLUTION NO. 87-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING j. LEROY CROFT, POSTHUMOUSLY, FOR HAVING BEEN A PIONEER RESIDENT OF DELRAY BEACH AND FOR HAVING SERVED THE CITY OF DELRAY BEACH WITH DISTINCTION AND DEDICATiON. WHEREAS, J. Leroy Croft was a Pioneer Resident of Delray Beach. Mr. Croft was bom in White Springs, Florida on December 8, 1905, to Lucius and Gabriela (Gof0 Crof~ and moved with his family to Delray Beach in 1924 at the age of 18. He continued to be an area resident for the next 76 years; and WHEREAS, Mr. Croft was among Delray Beach's "First Families" having been honored by the Delray Beach Chamber of Commerce, of which he was a member and Past President; and WHEREAS, in 1958, J. Leroy Croft served the City of Delray Beach as its Mayor, and for five additional years he served as a Councilman with distinction, dedication and faithful service to his community;, and WHEREAS, Mr. Croft worked at Taylor Drug on Atlantic Avenue for 13 years. At one time he owned the Chevron Gas station on Atlantic Avenue; during World War II he operated a taxi cab service, and along with his wife Bettye, built and operated the first ACE Hardware store in Delray Beach, were they continued to work until their retirement in 1970; and WHEREAS, Mr. Croft was concerned with preserving Off' F/or/da history, especially relating to Delray Beach, ' · ' by serving and being a Life Member of the Ddray Beada Historical Society, and WHEREAS, with a great desire to better his community he joined the Delray Beach Kiwanis and attained 41 years of perfect attendance. Other memberships included the Delray Lodge #1770, Fraternal Order of the Elks; he was a founding member of the Downtown Development Authority, and Past President of the Bethesda Hospital Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ection 1. That the City Commission of the City of Delray Beach hereby posthumously recognizes and commends J. LEROY CROFT for his excellent record of dedicated and faithful public service, and extends to his family the sincere thanks and appreciation of the citizens of Delray Beach for a job well done. PASSED AND ADOPTED in regular session on this the 7'~ of November, 2000, by acclamation of the Delray Beach City Commission. ATTEST: M A Y O R CITY CLERK Museum of Lifestyle & Fashion History, Inc.TM 7tAAA 241 N.E. 2nd Avenue/Pineapple Grove Way - Delray Beach, Florida 3 .... Phone: ($61) 495-9695 / Fax: (561) 495-5199 October 16, 2000 David Harden City Manager 100 N.W. 1 Avenue Delray Beach, Florida 33444 Dear Mr. Harden: Thank you very much for meeting with me and .D.o...a~.. Campbell, president of the Board of Trustees for the Museum, on October 12m about funding possibilities for the Museum ofLifes~le & Fashion History, In~T~ We truly appreciate that you will consider a $5,000 donation to the museum and will present our request at the next city commission meeting on November 7, 2000. Also, per your suggestion, we will make a request to Diane Dominguez of the Delray Beach Community Redevelopment Agency for $5,000.00 to be donated to the Museum. As you know, Palm Beach County Commissioner Mary McCarty has pledged a donation of $10,000 to the Museum from her discretionary budget. These donations will help in the Museum's fundraising for money needed for renovation/construction, design, operating expenses, etc.. The new opening date for the Museum of Lifestyle & Fashion History, InceSt is 2001. This museum will host retrospective & history exhibits on the following: t) Fashion~ Costumer Haute Couture; 2) Architecture & Interior Design; 3) Decorative Arts; and 4) Popular Culture. Because of this, it will be the first of its type in the State of Florida and one of the few in the World. As previously stated, the inspiration for this new museum is the retrospective Barbie~ Doll exhibit which ! curated at the Cornell Museum at Old School Square in Delray Beach, Florida. That exhibit is about the Barbie~ Doll as a part of popular culture. It opened in March 1999 for Barbie's 40th Birthday in celebration of Women's History Month. Since its opening date the exhibit was extended 4 times due to popular demand until September 20, 2000. A modified version of the exhibit is being prepared to travel and be on display at the Delray Beach Library in Downtown Delray Beach, Florida until 2001 prior to transferring to its new home at the Museum of Lifestyle & Fashion History, IncTM. From that exhibit's 19,000 plus visitors from around the world numerous requests were received that a museum be created to provide a permanent home for this pop culture doll as well as host other history exhibits on fashion, lifestyle and popular culture. Those visitors also expressed a desire for a museum with a gift shop and children's educational programs. Mr. Harden, once again, thank you very much for your time. We are very grateful to you. Enclosure: November 7, 2000 FAX MEMO TO: Mayor, Co~unissioners & City Manager City of Delray Beach Lori J. Durante, Director/Curator Museum of Lifestyle & Fashion Bistory (MLFH) Phone: 561-495-9695 Fax: 561-495-5199 FROM: RE: Request for contribution for MLFH As you know, in our approach to you to request a contribution to MLFH, we shared with you the letter from County Commissioner Mary McCarty of her intent to allocated $10,000 of her district's discretionary budget to the Museum of Lifestlye & Fashion History (MLFH), Attached for your inTormation is the recent (10/26/00) letter received from Commissioner Mary McCarty notifying me that the Board of County Commissioners approved her request to award $10,000 to MLFH. In discussion which MLFH Board President Doak Campbell and I had with Delray Beach City Manager David Harden, Mr. Harden indicated that the request he would submit to the Delray Beach City Commission would be for you to try to match (in combination with the Delray Beach community Redevelopment Agency) the amount given by Co~lssioner McCarty. Thank you for your consideration and your support of the Museum of Lifestyle ~ Fashion History. Please mark your calendar for November 14th for the national opening of the Teddy Bear exhibit at Old School SquaTs curated by me as one of the entities of service offered by the Museum of Lifestyle & Fashion History. This exhibit, because of its curatorial presentation of historical & educational content, has been solicited to be linked with a nationwide commercial retail celebration of the first annual "National American Teddy Bear Day". The exhibit at Old School Square may be the only museum in the nation debuting a special teddy exhibit as a pa~t of this national celebration day. Press releasee by the national sponsor of this retail marketing teddy bear celebration day include our Delray Beach Old School Square exhibit. Again, thank you very much for your consideration. We hope to make you proud to be a part of tho Museum of Lifestyle & Fashion History and our Curatorial outreach work. cc:Doak Campbell, President of MLFH Board of Trustees Members of MLFH Board of Trustees Members of MLFH Advisory Board BOb Barc~nski, Assistant City Manager, City of Delray Beach Diane Dominguez, Executive Director, Delray Beach CRA Joe Gillie, Executive Director, Old School Square Gloria Adams, Curator, Cornell Museum at Old School Square RECEIVED ///7/oo CiTY CLERK October 26, 2000 P.02 ~.Q ~ox 1989 (56t) Carol A, I~b~ns county Administrator Ms. Lori J. Durante Director-Curator Museum of Lifestyle & Fashion History. Inc. 241.N,E. 2nd Avenue D~rlda $$444 De~'~:/~IsYDu rante: This is formal notification that I have awarded $10,000 to the Museum of Lifestyle & Fashlqn His, tory fi'om the Dlst,rlct IV Recreation Assistance Program. The Board cf.,County: 'Commicslone~' aPProved funding this Re~'eatlonal Assistance Program f0~ FY2000-2001.at the flsa Bud§et Hearthg on September 214. As you may know, this award-winning program was initiated In November 1993. Since that time (including FY2000-2001), nearly $12 million has been distributed throughou~ the County ($1.7 million In District IV) for projects that include new parks, community centers, outdoor lighting, nature areas, swimming pools, playgrounds and after-school activity programs, An equal amount is budgeted in each Distdct for distribution at the discretion of the Dlstrlct Commissioner, Your request and a copy of this letter is being forwarded for processing to the Program Administrator. Susan Yinger, who will contact you directly to explain the procedure and initiate the paperwork. Inoidentally. this program is processed on a reimbursement basis, It Is my sincere pleasure to have this opportunity to participate in the fund-raising efforts ofthe Museum of Lifestyle & Fashion History, Please feel free to contact me if you have any questions, Sincerely, ADD I T I ONAL NOVEMBER 7, FAX MEMO TO: MAYOR, COMMISSIONERS and CITY MANAGER CITY OF DELRAY BEACH FROM: LORI J. DURANTE, mRECTOR/CURA~O~ MUSEUM OF LIFESTYLE & FASHION }{ISTORY,INC (MLFH) RE:Il/7/00 MEETING AGENDA ITEM ON MLFH FOR YOUR REFERENCE INFORMATION, YOU MAY WANT TO KNOW THE NAMES OF THE CURRENT MEMBERS OF THE BOARD OF TRUSTEES AND THE ADVISORY BOARD MEMBERS FOR THE MUSEUM OF LIFESTYLE & FASHION HISTORY, INC (MLFH). THAT LIST IS ATTACHED. ALSO, FOR YOUR INFORMATION, THE MUSEUM OF LIFESTYLE ~ FASHION HISTORY, INC IS REGISTERED WI H THE FLORIDA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES FOR THE SOLICITATION OF CONTRIBUTION ACT. SEE ATTACHED LETTER OF CONFIRMATION OF REGISTRATION. ADDITIONALLY, MLFH HAS APPLIED FOR THE 501C3 DESIGNATION. SEE ATTACHED LETTER ACKNOWLEDGING RECEIPT AND LOCATOR NUMBER ASSIGNED TO THAT APPLICATION. RECEIVED #1 /oo CITY CLERK President: Board Member:. Board Member: Board MembeF: Board Member:. Board Member. BoM'd Member:. Board Member:. Board Member: Booed Member,: Boa? Mere, bet. Museum of Lifestyle & Fashion l~story, lac?M 241 N.g. 2nd Avenae/Fmeapplc Crone Way - Ddt-ay Pe.-¢h: Florida Phone.* (~61) 49~.96951 Fax: (~61) 49~-S199 B~(to date) Attorney Doak Campbell Former Mayor of Ddray Beach Sarah Brawn Christopher J. BFown & Associates/Langston Associates Ddray Beach Jacqueline Dawes l~l Eslato Investor Resident of Delray Beach & Great ]Jrltiin, UK Rata Ellis, Owner/President Climate Contral Delray Beach wlmam Koch, Willlmn Koch, Jr. Realty (Chrlstie's Affiliate) Delrny Beach Edith Rueger Summer Humanities Program at Huntington Delray Beach, Morlda Dinah Stephemon D&D Construction Boca Raton Dwight Stephenson Retired Miami Dolphins Center & Coach D&D Construction Boca Raton Lou Woldmau~, Executive Director Pineapple Grove Maimtraet Delruy Beach Troy Wheat, Financial Consultant Salomon Smith Barney Delruy Bench Charlotte G. Durante, Owner Durante Re. alty & Durante lmuranee Former Ddray Beach City Commissioner P.02 Cont~Jued Nex~ Page Lori J. Dtwante, FasMan Consultant Boca Rat~ Magazine in Boc~ Raton, Florlda-$inc~ 1995 Wartk Avenue Magazine in Polm Beach, glodda . Since 1995 Marketing Consultant. D~rante Reol(~, ln~ . Since 1993 Dr. Jay Alperin, Dentist Recent Former Mayor of Delray Beaeh Delray Beach, Florida G~orge Cornell Ddray Beach Jeanne Dubin Dubia & Associates (Ddray Beoch Tennis Center) Delray Beach, Florida George Elmore Hardrives Delray Beach Hilary Lynch Village of C~lf, Florida Melodic Shute, Marketing Manager Sun Sentind Ddray l~ch, Florid~ Florida Department of Agriculture & Consumer Services BOB CRAWFOP, D, Commissioner The Capitol * Tallahassee, Florida September 28, 2000 MUSEUM OF .LIFESTYLE AND FASHION HISTORY, INC. 241 NORTHEAST SECOND STREET DELRAY BEACH, FL 33444 ' Division of Conaumer $,rvicos $ooond Floor, Mayo 8ulldloo Tallshaaaoe, Florida 32399-0800 1-800-HEL~ F~ 850-487-4177 In Rep]y..Refer To: SC- 11754 RE: MUSEUM OF LIFESTYLE AND FASHION HISTORY, INC. REGISTRATION EXPIRATION DATE: 09/28/2001 Dear Sir/Madam: The above-named organization has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitation of Contributions Act. A COPY OF THIS L~I ~ER SHOULD BE RETAINED FOR YOUR RECORDS, The Solicitation of Contributions Act requires an annual renewal statement to be filed on or before the date of expiration of the previous registration. The Department will send a renewal package approximately 60 days prior to the date of expiration as shown above. Thank you for your cooperation. If we may be of further assistance, please contact the Solicitation of Contributions section at 850.410-3705, Sincerely, BOB CRAWFORD COMMISSIONER OF AGRICULTURE Cheryl H, Fralick Regulatory Consultant 850-410-3708/1-800-4~5-7352 (Florida Only) E-Mail: fr~liec@doaos.state.fl.ue Internal Revenue Service Director, EO Rulings & Agreements P.O. Box 2508 Cincinnati, OH 45201 Date: October 16, 2000 MUSEUM OF LIFESTYLE & FASHION HZSTORY INC 600 N CONGRESS AVE gTE 5~0 DELRAY BEACH, FL 33445. Toll FreeNumbar: $77-g29-5500 FAX Number: 513-263-3'/56 Document Locater Number: 17053-28'/-01301-0 Employer Identification Number: 65-0999010 Application Feral: 1023 Use~ Fee Paid: $500.00 Ael~nowledgeme~t of Your Requeg We received yOur application for exemptien front Federal income tax. When communicatino with us please ~fe~'~6 the employer identification number and document locater number shown abe~e. ' Your application wes entered into our computer system at our Processing (2enter in (~vingten, Kent~ky, and has been sent to our Cincinnati office for initial review. Some applications can be approved based on this review. If this Is Ibe case, you will receive a letter ~ating that you are exempt from Federal income tax. If the initial review Indicates that additional tn focm etlon or changes are necessa~, your application will be assigned to an Exempt Organlzatien Specialist in Cincinnati or in anoaher IRS office who will call or write you. Applications are assigaed in the o~der they ate receiwd. If the additional information indicates that you quali{~t for exemption, you will receive a letter stating that you are exempt from Federal income tax. if we detennlne that you do not qualify for exemption, we will send yo~ a leRer that Includes a complete axplanation of why we believe you do not qualify. The letter will also include a complete explanation ofyour appeal rights. my, es. If you need exemption ~om thee t~xes, cont~t your state or local tax offices, How long will Otis proee~ talte ? Yon may normally expect to hear from us within 120 days. If you do not hear from us, you may call our toll ,flee number between the hours of $:00 a.m. md 9:30 p.m. Eastern Time. Please have your identification numbers available so that we cnn identi~ your application. If you would rather wri~ than call, please include a copy' o f this notice with your correspondeoce, ,/ Form 5548-FP P.O. Box 1989 West Palm Beach, FL 33402-1989 (561) 355-2001 F~X: (561) 355-3990 www. co.palrn-beach.fl.us Palm Beach County ~oard of Country Commissioners Maude lord Lee, Chair Warren H. Newell, Vice Chairman Carol A. Roberts Mary McCarty Tony Masilotti County Administrator Robert Weisman 'An Equal Opportunity Af~'rmative Action £mployer' July 20, 2000 Ms. Lori J. Durante Director-Curator Museum of Lifestyle & Fashion History, Inc. 241 N.E 2"d Avenue Del7 B~ach, Florida 33444 I/am happy to inform you that I plan to contribute $.10,000 from the District IV Recreation Assistance Discretionary Fund toward the fund-raising efforts of the Museum of Lifestyle & Fashion History. This, of course, is contingent upon the fund being approved during the FY2000-2001 budget process. You will be contacted in early October, if the fund is approved, with formal notification and further instructions as to the next step in the process. Good luck in this endeavor! Sincerely, Pal~County Commission MM:adg MUSEUM OF LIFESTYLE 8= FASHION HISTORY FACT SHEET Mission Statement: Quote: Inspiration: Fashioned At, er: Location: Features: To serve as a host for historical and retrospective exhibits on costume and fashion design, haute couture, interior design and lifestyle topics while providing a forum to educate and showcase the art of lifestyle and fashion. "The Museum will be the first of its kind in the State of Florida and one of the few dedicated to lifestyle and fashion in the world. We look forward to groundbreaking exhibits, as well as cutting edge and retrospective showcases for pop culture and lifestyle through the ages. We are committed to making this Museum an international draw for all ages, and a terrific asset to both Delray Beach, Palm Beach County and South Florida." --Lori J. Durante, Director-Curator The overwhelming success of the phenomenally popular '40 Years of the Barbie Doll' exhibit at the Comell Museum in Delray Beach, Fla., created by Ms. Durante, which was extended four times and attracted over 16,000 visitors from around the globe, served as the inspiration for the new Museum of Lifestyle & Fashion History and will become part of its permanent collection. The Costume Institute at the Metropolitan Museum of Art, New York and the Dross Gallery at the Victoria & Albert Museum in London. Situated in the new cultural arts hub of Defray Beach's trendy Pineapple Grove, which is a Main Street District designated by the National Trust for Historic Preservation. The new Museum is adjacent to Miami City Ballet and is located at 241 Northeast Second Avenue. Delray Beach is located in Palm Beach County on the east coast of Florida. The 7,000-square-foot Museum will include a gffi shop 241 NORTHEAST SECOND AVENUE * PINEAPPLE GROVE DELRAY BEACH, FLORIDA 33444 PHONE (561) 495'9695 * FAX (561) 495-5199 MUSEUM OF LIFESTYLE & FASHION HISTORY FACT $IIF~ET PAGE TWO Features, Continued: offering an assortment of gifts, books, table-top home well as administrative offices and galleries for visiting exhibits. Future plans include space for children's arts and cmf~s. First Exhibit: "Denim: From Work Clothes To Hante Couture" will serve as the Museum's first exhibit, planned to open in Spring 2001. The exhibit will feature denim's evolution -- from overalls in the 1800s to today's chic and sophisticated clothing designs and furnishings. Vintage denim clothing as well as photos and audio-visuals used for televison and print commemials and more will be nicorpomted into the exhibit. Immediate Fundraising Goal: $500,000 is the targeted goal for opening the permanent collection for Fall 2000 and the first exhibit in the Spring of 2001. Membership Categories: Please see enclosed Membership Information. MUSEUM OF LIFESTYLE ~ FASHION HISTORY, INC. Contact: Jackle Siatkow or KeLly Husak (561) 278-0850 MUSEUM OF LIFESTYLE & FASHION HISTORY TO BE FETED AT ICE JEWELRY HIDALGO TRUNK SHOW RECEPTION BOCA RATON -- Supporters of the new Museum of Lifestyle & Fashion History will be the guests of honor when Ice Jewelry hosts a trunk show of jewelry by internationally- acclaimed designer Sylvio Hidalgo at Mizner Park in Boca Raton on September 14-17th. Portions of the proceeds from the four-day trunk show will benefit the Museum. Supporters of the Museum, scheduled to open this fall in Delray Beach, and customers of Ice Jewelry, will have the first opportunity to see the classic French enamel jewelry of Hildalgo at a private Champagne Reception, to be held at Ice Jewelry in Mizner Park on Thursday, Sept. 14t~ from 6 to 8 p.m. In addition, the public may support the Museum with their purchases Sept. 15' -17th, where portions from those sales of Hidalgo jewelry will also be awarded to the Museum. "Max Grille is generously creating hors d'oeuvres for the reception," announced Shah Mizrahi, owner of Ice Jewelry. "We are planning a lovely evening, where guests can be among the first to see the gorgeous collection by Hidalgo, learn about the new Museum, sip champagne and enjoy delicacies from Max Grille. For those who appreciate the art of jewelry dosign, the evening will be one not to miss." A popular designer of exclusive rings, bracelets, necklaces, pins and earrings, Hidalgo creates 18-karat gold and platinum award-winning jewelry with diamonds, precious stones and enamel. Honorary co-chairpersons for the private Champagne Reception are Nicote Oden of Boca Raton and Delray Beach City Commissioner Alberta McCarthy. Committee members include: Laura Huron, general manager of Max's Grille, JoAnn Root, marketing director at Mizner Park, 241 NORTHEAST SECOND AVENUE * PINEAPPLE GROVE DELRAY BEACH, FLORIDA 33444 PHONE(561)495-9695 * FAX(561) 495.5199 ~.flJSEUM TO BE FETED AT ICE JEWELRY Vikki Heatherly, Francisco Perez-Azua, architect for the Museum; attorney Doak Campbell, President of the museum's Board of Directors and former Mayor of Delray Beach, and Lou Waldmann, executive director of Pineapple Grove, the cultural arts hub where the new Museum will be located. Calvin and Jake, pet shit-zus of Ms. Mizrahi, are serving as honorary mascots. "We are delighted that Ice Jewelry is hosting this exciting evening on behalf of the new Museum," added Lori J. Durante, director/curator. "Guests at the reception and weekend trunk show will have the opportunity to learn more about the Museum's mission, and to join as members in our inaugural season. We are so grateful to Ms. Mizrahi and Ice Jewelry for this incredible opportunity." According to Ms. Durante, the new Museum, will serve as a host for history and retrospective exhibits on costume and fashion design, haute couture, interior design, lifestyle topics, decorative arts and popular culture while providing a forum to educate and showcase the art of lifestyle and fashion. A popular Barbie doll exhibition, which has drawn over 16,000 visitors and been extended four times since its premiere in March of last year, was the inspiration for the new Museum, which will debut in the Esplanade in the Grove Plaza in Pineapple Grove, the trendy new cultural arts hub of Delray Beach. The exhibit, which has been on display at the Cornell Museum at Old School Square in Delray Beach, will be expanded at the new Museum site on Southeast Second Avenue. Situated within the museum's 7,000-square-feet will be a gift shop offering an assortment of gifts, books, home accessories and a section devoted to Barbie products, as well as administrative offices, storage facilities and galleries for visiting exhibits. Future plans include space for children's arts and crafts. "We've been amazed at the emotional response to thc new Museum," explained Durante. "The American pop culture is a growing passion. We're confident that the new Museum will grow to be one of the most popular destinations on the Florida museum circuit." Mr. Campbell is spear-heading fund raising initiatives for the private, non-profit organization. Donations, grants, membership dues and admissions fees will contribute to the MUSEUM TO BE FETED AT ICE JEWELRY museum's operating budget. "This museum will be similar to the costume Institute gallery at the Metropolitan Museum of Art in New York," noted Durante, who serves as fashion consultant for Boca Raton and Worth Avenue Magazines. "The Museum of Lifestyle and Fashion History may very well be one of the few in the country dedicated solely to the art and history of lifestyle and fashion design, and the Barbie doll combined. While Barbie herself is a lifestyle and fashion history icon, the museum will not be exclusively for the Barbie doll." A member of the Florida Association of Museums and the American Association of Museums, Durante, a 28-year-old native of Delray Beach, received her bachelor of arts degree in fashion marketing from the American InterContinental University in Atlanta, Cra. The first planned fashion history exhibit at the new museum is "Denim: From Work Clothes to Haute Couture." This exhibit is planned for Spring of 2001. In addition to Durante, Campbell and Waldmann, the board of directors includes: Linda Cofley-Webb, Jane DeBoe, Janet DeVries, Charlotte G. Durante, Julie Guzzetta-Harmett, Jennifer Heinemann, Sonia Lise Longchamp, Lori Moore, Cheryl Mumford, Debra Stein, Jamie Tomlinson-Bowers and Brigitte Wiebelt. More information on the Hidalgo Trunk Show may be obtained by calling Ms. Mizrahi at Ice Jewelry, (561) 395-3740. Ms. Durante may be contacted at (561) 495-9695 for additional information on the Museum of Lifestyle 8: Fashion History. MUSEUM OF LIFESTYLE 8~: FASHION HISTORY, INC. Contact: Jackie Slatkow or Kelly Husak (561) 278-0850 MUSEUM OF LIFESTYLE & FASHION HISTORY HONORED AT 'CHAMPAGNE ON ICE' RECEPTION BOCA RATON -- Over 250 patrons o£the new Museum of Lifestyle & Fashion History gathered recently at Ice Jewelry at Mizner Park in Boca Raton to toast the success of the Museum and view the collection o£jewelry by internationally-acclaimed designer Sylvio Hidalgo. Portions of the proceeds from the four-day trunk show benefited the Museum. Supporters o£ the Museum, scheduled to open this winter in Delray Beach, and customers of Ice Jewetry~ had the first opportunity to see the newest collection of classic French enamel jewelry by Hildalgo while they sampled hors d'oeuvres from Max's Grille and sipped champagne. "We were honored to host the first reception for patrons of the Museum, who are dedicated to raising the necessary funds to open its doors on schedule," reported Shari Mizrahi, owner of Ice Jewelry. "The community at large wilt benefit enormously from the Museum, so Ice Jewelry was delighted to contribute our time and support to this exciting new venture." A popular designer of exclusive rings, bracelets, necktaces~ pins and earrings, Hidalgo creates 18-karat gold and platinum award-winning jewelry with diamonds, precious stones and enamel. Honorary co-chairpersons for the "Champagne On Ice" reception were Nicole Oden of Boca Raton and Delray Beach City Commissioner Alberta McCarthy. Committee members included: Laura Huron, general manager of Max's Grille, JoAnn Root, marketing director at Mizner Park, Vikki Heatherly, Francisco Perez-Azua, architect for the Museum; attorney Doak Campbell, President of the museum's Board of Directors and former Mayor of Delray Beach, and Lou Waldmann, executive director of Pineapple Grove, the cultural arts hub where the new 241 NORTHEAST SECOND AVENUE * PINEAPPLE GROVE DELRAY BEACH, FLORIDA 33444 PHONE ~561 ) 495-9695 * FAX (561 ) 495-5199 MUSEUM FETED AT ICE JEWELRY P_..A__G__E_T__W_~ Museum will be located. Calvin and Jake, pet shit-zus of Ms. Mizrahi, served as honorary mascots. The highlight of the evening was a brief presentation by Lori J. Durante, director/curator of the Museum, who introduced key supporters in the audience and described plans for future exhibits during the inaugural season. "We are extremely grateful to Shad Mizrahi and Hidalgo for hosting this elegant evening on behalf for the new Museum," said Ms. Durante in her presentation. "We are certain that the Museum of Lifestyle & Fashion History will make a positive impact in our community, and contribute to its cultural and artistic development." According to Ms. Durante, the new Museum will serve as a host for history and retrospective exhibits on costume and fashion design, haute couture, interior design, lifestyle topics, decorative arts and popular culture while providing a forum to educate and showcase the art of lifestyle and fashion. A popular Barbie doll exhibition, which has drawn over 19,000 visitors and been extended four times since its premiere in March of last year, was the inspiration for the new Museum, which will debut in the Esplanade in the Grove Plaza in Pineapple Grove, the trendy new cultural arts hub of Delray Beach. The exhibit, which has been on display at the Comell Museum at Old School Square in Detray Beach, wilt be featured at the Detray Beach Public Library until it is permanently unveiled at the new Museum site on Southeast Second Avenue. Situated within the museum's 7,000-square-feet wilt be a gift shop offering an assortment of gifts, books and a section devoted to Barbie products, as well as administrative offices, and galleries for visiting exhibits. Future plans include space for children's arts and crafts. "We've been amazed at the emotional response to the new Museum," explained Durante. "The American pop culture is a growing passion. We're confident that the new Museum will grow to be one of the most popular destinations on the Florida museum circuit." Mr. Campbell is spear-heading fund raising initiatives for the private, non-profit organization. Donations, grants, membership dues and admissions fees wilt contribute to the MUSEUM FETED AT ICE JEWELRY museum's operating budget. "This museum will be similar to the Costume Gallery at the Metropolitan Museum of Art in New York," noted Durante, who serves as fashion consultant for Boca Raton and Worth Avenue Magazines. "The Museum of Lifestyle and Fashion History may very well be one of the few in the country dedicated solely to the art and history of lifestyle and fashion design, and the Barbie doll combined. While Barbie herself is a lifestyle and fashion history icon, the museum will not be exclusively for the Barbie doll." A member of the Florida Association of Museums and the American Association of Museums, Durante, a 28-year-old native of Delray Beach, received her bachelor of arts degree in fashion marketing from the American InterContinental University in Atlanta, Ga. The first planned fashion history exhibit at the new museum is "Denim: From Work Clothes to Haute Couture." This exhibit is planned for 2001. More information on the Museum may be obtained by calling Ms. Durante at (561) 495- 9695. I~USEUM OF LIFESTYLE & FASHION HISTORY, INC. FOR IMMEDIATE RELEASE CONTACT: JACKIE SLATKOW OR KELLY HUSAK (561) 278-0850 MUSEUM BOARD HOSTS INTRODUCTORY EVENT AT NEW SPACE Hard hat tours, program announces Museum's mission, membership opportunities and fundraising goals DELRAY BEACH, Fla. -- With a new home established and plans for a grand opening in the works for the Fall of 2000, board members for the Museum of Lifestyle & Fashion HistoryTM recently hosted a hard hat party and introduced their site and mission to a standing-room-only crowd of community supporters, potential sponsors and members. Chaired by Rene6 Christiansen- Radabaugh and Lou Waldman, who is a Museum board member, the party offered guests a chance to tour the Museum's new location in Delray Beach's trendy Pineapple Grove, and included a program of speakers featuring Vice Mayor of Delray Beach, Pat Archer; Gary Eliopoulos, architect; Diane Dominguez, City of Delray Beach; former Delray Beach Mayor Doak Campbell, attorney- at-law and president of the Museum's board of directors; Lori J. Durante, Director / Curator for the new Museum, and more. The mistress of ceremonies for the event was Linda Corley-Webb, board member and producer for WPBT Channel 2 in Delray Beach. Designed to be a host for historical and retrospective exhibits on costume and fashion design, haute couture, interior design and lifestyle topics, the Museum of Lifestyle & Fashion History, Inc. TM will be modeled after the Costume Institute gallery at the Metropolitan Museum of Art, NY, according to Durante. "Plans for the Museum grew out of our success with the phenomenally popular '40 Years of the Barbie Doll' exhibit at Delray Beach's Old School Square," said Durante, who also pioneered the Barbie exhibit. "Extended four times since its debut at the Comell Museum, the amazing emotional response to the Barbie Doll exhibition was truly an inspiration. Also, because of the many requests for the exhibit to stay, we knew we needed to find a more permanent Dream Home for Barbie. We believe we have found the perfect home by including Barbie as one of the exhibits planned for the new Museum celebrating the art and history o£popular culture, lifestyle and fashion design in general." -more- 241 NORTHEAST SECOND AVENUE * PINEAPPLE GROVE DELRAY BEACH, FLORIDA 33444 PHONE(S61) 495.969S * (561)495.5199 MUSEUM HOSTS iNTRODUCTORY EVENT page 2 of 2... The first exhibit to be held at the new Museum of Lifestyle & Fashion History, Inc. ?M, will be "Denim: from Work Clothes to Haute Couture"TM and is scheduled to open in early 2001, according to Durante. Highlighting denim's evolution - from overalls in the 1800s to today's chic and sophisticated clothing designs and even furnishings - vintage denim clothing as well as photos and audio-visuals used for television and print commercials and more will be incorporated into the exhibit. "This is an especially exciting time for the Museum," said Durante, "but, it is also a critical time in our formation. The Museum of Lifestyle & Fashion History, Inc. x~ needs the continued support of our community to succeed. I'm delighted with the enthusiasm for our new home and the response from the guests attending our hard hat party. We'll be counting on their support and the support of the community as we move forward in our efforts." According to Durante, the Museum must raise at least $500,000, initially, to open its doors with the Barbie exhibit this Fall. To that end, board president Doak Campbell announced membership and sponsorship oppommities to the group. Membership levels mn from a Grande Couture membership at $10,000 -- which includes recognition of sponsorship in promotional and advertising material; listing on the annual contributors' wall; membership cards for free admission to permanent and visiting exhibits; complimentary tickets to preview receptions and special events; subscriptions to Museum publications and a discount at the Museum store. Individual memberships for the "Trendsetter" category are among the other levels of membership available, and are priced at $70 - while teens and students can enjoy the privileges of membership for $25 and $15. "The Museum will be the first of its kind in the State of Florida and one of the few in the world," said Durante. "We look forward to groundbreaking exhibits, as well as cutting edge and retrospective showcases for pop culture and lifestyle through the ages. We are committed to making this Museum an international draw and a terrific asset to both Delray Beach and Palm Beach County." If you am interested in sponsorship, membership or general information about the Museum of Lifestyle & Fashion History, Inc. ,~t please telephone Durante at (561) 495-9695. Cutline: (L-R): Lou Waldmann, Hard Hat Party Honorary Co-Chairman and Museum Board Member; Lori J. Durante, Executive Director and Curator for the new Museum and Renee Christiansen- Radabaugh, Board Member and Hard Hat Party Honorary Co-Chairman. MUSEUM OF LIFESTYLE & FASHION HISTORY, INC FOR IMMEDIATE RELEASE CONTACT: KELLY HUSAK OR JACKIE SLATKOW (561) 278.0850 MUSEUM ANNOUNCES DENIM HISTORY EXHIBIT SET FOR 2001 From cowboys to chic girls, a~htbit will explore an American fashion icon through the ages DELRAY BEACH, FL - The first exhibit to be held at the new Museum of Lifestyle & Fashion History, "Denim: from Work Clothes to Haute Couture'''fa is scheduled to open in early 2001, according to Museum director-curator, Lori J. Durante. "We chose denim as the theme for our first lifestyle/fashion history exhibit bccause it truly is an American fashion icon," said Durante. "It's one of those fabrics that transcends gender, cultures and income levels. Think of how the West was won. You can picture denim there, just as easily as you can picture it now on the runway at a high fashion show. It is the perfect launch to illustrate the mission of the Museum - to educate and to showcase the art of lifestyle and fashion." With a new home established and plans for a grand opening in the works for the Fall of 2000, board members for the Museum of Lifestyle & Fashion History, Inc.TM hosted a hard hat party on Thursday, May 18 to introduce the community to their site and to the mission of the Museum. Designed to be a host for historical and retrospective exhibits on costume and fashion design, haute couture, interior design and lifestyle topics, the Museum of Lifestyle & Fashion History will be modeled after the Costume Institute gallery at the Metropolitan Museum of Art in New York, according to Durante. -more- 2~, 1 NORTHEAST SECOND AVENUE * PINEAPPLE GROVE DELRA¥ BEAC:H, FLORIDA 33444 PHONE (561 ) 495-9695 * (~56 ! ) 495-S 199 MUSEUM ANNOUNCES DENIM EXHIBIT SET FOR SPRING 2001 page 2 of 2... "Plans tbr the Museum grew {~ut of our success with the phenomenally popular '40 Years of the Barbie Doll' exhibit at Delray Beach's Old School Square," said Durante, the 28-year-old Delray Beach native who also pioneered the Barbie exhibit. "Extended four times since its debut at the Cornell Museum, the mnazing emotional response to the Barbie Doll exhibition was truly an inspiration. Also, because of the many requests for the exhibit to stay, we knew we needed to find a more permanent Dream Home for Barbie. We believe we have found the perfect home by including Barbie as one of the exhibits planned for the new Museum celebrating the art and history of lifestyle and fashion design in general." "Denim: From Work Clothes to ltaute Couture''T~t will feature denim's evolution - from overalls in the 1800s to today's chic and sophisticated clothing designs and even furnishings. According to Durante, vintage denim clothing as well as photos and audio-visuals used fbr television and print commercials and more will be incorporated into the exhibit. To be located in Delray Beach's trendy new cultural arts hub at the Esplanade in the Grove Plaza in Pineapple Grove, the Museum of Lifestyle & Fashion HistoryTM is designed to be an international destination targeted for all ages, gender, cultures and income levels. The museum's 7,000-square-feet will include a gift shop offering an assortment of gifts, books, table- top home accessories, popular collectible toys, and other miscellaneous items, as well as administrative offices, storage facilities and galleries for visiting exhibits. Future plans include space for children's arts and crafts. A rapidly growing hub for trendy restaurants, art galleries, studios and other cultural opportunities, Delray Beach is located on the east coast of South Florida in Palm Beach County. Those interested in exhibit sponsorship opportunities, museum membership, or general information regarding the Museum of Lifestyle & Fashion History may call Durante at her Delray Beach office: 561/495-9695. THE i~USEUl~I OF LIFESTYLE & FASHION HI~TOR¥ FACT SHEET LORI J. DURANTEf DIRECTOR-CURATOR Age: Occupation: Professional Education: 29. Born September 24, 197l In addition to serving as the new Director-Curator at the Museum of Lifestyle & Fashion History, Ms. Durante is the Fashion Consultant for Boca Raton Magazine in Boca Raton, Florida, and Worth Magazine in Palm Beach, Flor/da, since 1995. Her fashion offices are located in Delray Beach and in the Buckhead area of Atlanta, Georgia Bachelor of Arts in Fashion Marketing The American InterContinental University Atlanta, Georgia 1994 Study Abroad Program The American InterContinental University London, England Pre-College Program Parsons School of Design, New York City Additional Professional Expertise: Associations, Memberships: Curator of the Barbie Doll Exhibit at the Cornell Museum at Old School Square, Delmy Beach Director of Marketing, Durante Realty, Delray Beach (Family-Owned Business) The Florida Association of Museums The American Association of Museums The National Retail Federation 241 NORTHEAST SECOND AVENUE * PINEAPPLE GROVE DELRAY BEACH, FLORIDA 33444 PHONE (56 I) 495-9695 * FAX (561 ) 495-5199 FACT SHEET ON LORI J. DURANTE PAGE TWO Associations, Hometown: Family: Memberships, Continued: The Costume Society of America Fashion Group International, Atlanta Board of Trustees of the Morikami Museum & Japanese Gardens, Delray Beach Delray Beach Sister Cities International The Delray Beach Chamber of Commeme Delray Beach, Florida Graduate of Trinity Evangelical Lutheran School Atlantic High School, both in Delray Beach Parents Kenneth and Charlotte Durante, owners of Durante Realty, Durante Insurance and Kenland Services, Delray Beach; Brother K. Anthony Durante, Delray Beach Police Officer, who is fluent in Japanese and has a Bachelor of Science degree in Anthrupology. What They're Saying About Lori J. Durante: Lon Durante is one of the most dedicated, tenacious volunteers 1 have ever met. What she has accomplished to date establishing the newMuseum of Lifestyle & Fashion History is amazing.., and would have taken any other human five times the amount of energy. Her vision and her commitment are extraordinary, and thc public at large is in for something fabulous if Lori has her way..." --Gary Etiopoulos Architectural Committee Chairman Museum of Lifestyle & Fashion History i i I I i 1 ! l I I l I ! 1 ! I l ! I Museum of !.;festyle & Fashion ltlstor~, Inc.TM 241 N.E. 2nd Avenue/Pineapple Grove Way - Delray Beach, Florida 33444 Phone: (~61) 495-9695 / Fax: (561) 495-5199 Mission & Inspiration Museum of L;festyle & Fashion History, Inc.TM 241 N.E. 2nd Avenue/P~eapple Grove Way - DeJray Beacb~ l~o~da 33444 Phone: (~61) 49~-9695 / Fax: (~61) 49~$199 Mission: To serve as a host for history and retrospective exhibits on fashion design, haute couture, decorative arts, interior design, architecture, lifestyle design and popular culture while providing a forum to educate schoolchildren and adults and showcase the art, history and impact of lifestyle, ~fashion and popular culture. The Museum of Lifestyle & Fashion ttistory, Inc.TM shall serve in perpetuity as a non-profit institution welcoming all interested people. The Museum of Lifestyle & Fashion HistoryTM will be one of the first of its type in the State of Florida and one of the few in the World. Inspiration: The overwhelming success of the phenomenally popular "40 Years of the Barbie Doll" exhibit at the Cornell Museum at Old School Square in Delray Beach, Florida, created by Lori J. Durante. This exhibit opened in March 1999 for Barbie's 40th anniversary in celebration of Women's History Month. The exhibit is about the Barbie Doll as a part of popular culture, an American icon. It was so well attended that it was extended four times and attracted over 19,000 visitors from around the world and served as the inspiration for the new Museum of Lifestyle & Fashion HistoryTM and will become a part of the museum's permanent collection. The Barbie Doll exhibit will next travel to the Delray Beach Library in Downtown Delray Beach before it transfers to its new home at the Museum of Lifestyle & Fashion HistoryTM in Delray Beach, Florida when it opens in 2001. Fashioned After/Museum's Role Model: The Costume Institute at the Metropolitan Museum of Art in New York City and the Dress Collection gallery at the Victoria & Albert (V&A) Museum in London, England. Location: The museum's 7,000 square feet space is situated in the Esplanade in the Grove Plaza in the new cultural arts hub of Delray Beach's trendy new Pineapple Grove, which is a Main Street District designated by the National Trust for Historic Preservation. The new Museum is adjacent to Miami City Ballet and is located at 241 N.E. 2"d Avenue. Delray Beach is located in Palm Beach County on the East Coast of Florida. The museum will also include a Gift Shop Museum of !.i~estyle & Fashion History, Inc.TM 241 N.E. 2nd Avenue/Pineapple Grove Way - Delray Beach, Florida 3~.~. Phone: (561) 495-9695 / Fax: (561) 495-5199 Board of Trustees Museum of LH'estyle & Fashion History, Inc.TM 241 N.E. 2nd Avenue/Pineapple Grove Way - Dedray Beach, Florida 33444 Phone: (561) 49S-9695 / Fax: (561) 495-$199 Board of Trustees (to date) President: Attorney Doak Campbell Former Mayor of Delray Beach Board Member: Lou Waldmann, Executive Director Pineapple Grove Mainstreet Delray Beach Board Member: Jacqueline Dawes Real Estate Investor Resident of Delray Beach & Great Britain, UK Board Member: Rita Ellis, Owner/President Climate Control Delray Beach Board Member: Charlotte G. Durante, Owner Durante Realty & Durante Insurance Former Deiray Beach City Commissioner Director-4~urator: Lori J. Durante, Fashion Consultant Boca Raton Magazine in Boca Raton, Florida Worth Avenue Magazine in Palm Beach, Florida Museum of Lifestyle and Fashion History 241 NE 2~ Avenue Delray Beach, FL USA Phone # (561) 495-9695 Fax # (561) 495-5199 Board of Trustees Statement of Responsibilities The Museum of Lifestyle and Fashion History, in the manner of nonprofit organizations, relies on a volunteer Board to guide it in reaching the vision its founders have seen for it. Mindful of that vision and the mission to fulfill it, the Board of Trustees has established the following responsibilities for itself, and its members. · Determine the mission and purpose · Ensure adequate and well-managed resources · Select and support the Museum's Executive Director · Ensure effective planning · Enhance the Museum's public standing · Ensure the legal and ethical integrity and maintain accountability · Recruit and orient new Board members · Assess the Board's performance To fulfill these responsibilities, Boards members will: · Attend Board meetings and prepare for them in advance. · Insist the Museums be operated in a legal, ethical and prudent manner. · Learn about the Museum and advocate for it whenever possible. · Give of their personal and financial resources to the fullest extent possible. · Encourage others to support the Museum financially and otherwise. Museum o£l.~festyle & Fashion History, Inc.TM 241 N.E. 2nd Avenue/Pineapple Grove 'Way - Delray BeaCh, Florida 33~. ~.~. Phone: (561) 49~-9695 / Fax: (561) 495-5199 Letters of Support Palm Beach County Commissioner Mary McCarty Delray Beach Mayor David Schmidt PO Box 1989 West Palm Beach. FL 33402-]989 (561) 355-2001 F&X: (56i) 355-3990 w~vw. co palm-beach fl us F'alm Beach County Board of County Commissioners Maude Ford Lee. Chair Warren H Newell. Vice Chairman F~ren T Marcus Carol A Roberts Mary McCarty Tony Masilotti County Administrator July 20, 2000 Ms. Lori J. Durante Director-Curator Museum of Lifestyle & Fashion History, Inc.' 241 N.E. 2"d Avenue Del7 B~ach, Florida 33444 D. r~,l~'Duran, te: D'a~mr~Nappy to inform you that I plan to contribute $t 0,000 from the District IV Recreation Assistance Discretionary Fund toward the fund-raising efforts of the Museum of Lifestyle & Fashion History. This, of course, is contingent upon the fund being approved during the FY2000-2001 budget process, You will be contacted in early October, if the fund is approved, with formal notification and further instructions as to the next step in the process. Good luck in this endeavor! Sincerely, MM:adg [ITY (IF DELRRY BERI'H DELRAY BEACH 100 N.W. 1st AVENUE.DELRAY BEACH, FLORIDA 33444 561/243-7000 May 9, 2000 Ms.Lori J. Durante Museum of Life Style and Fashion History 237 Northeast 2~ Avenue Delray Beach, Florida 33483 Dear Lori: Thank you for your invitation to the sneak preview reception for the museum. Unfortunately, I will be in Orlando on May 18 attending a seminar and will not be returning until that Saturday. I do want to extend my best wishes to you and your Board of Directors as you begin this new endeavor. I am certain that the museum will be a wonderful addition to the life style and culture of Delray Beach. You certainly have my support in this matter. Sincerely yours, David W. Schmidt Mayor DWS:kk THE EFFORT ALWAYS MATTERS Museum of l.~estyle & Fashion History, Inc.TM 241 N.E. 2nd Avenue/Pineapple Grove Way - Delray Beach, Florida 3~.~. Phone: (~61) 49~-969~ / Fax: (~61) 495-~199 Companies/Services retained by Museum Museum of Lifestyle & Fashion History, Inc. 241 N.~. 2nd Avenue/Pineapple Grove Way; Delray Beach, Florida 3.~?.~. Phone: (561) 495=9695 / Fax: (561) 495-~199 August 31, 2000 - Updated/Revised The following is a list of the companies which the museum has selected and retained or will be retaining for the Museum of Lifestyle & Fashion History, Int. Public Relations/Special Events (retained): Slatkow & Husack Delray Beach, Florida fi61-278-0850 Architect (retained) Perez Design, Inc. Delray Beach, Florida Contact: Francisco Perez $61-279-2006 Grants Writer (retained) In Rem Solutions Delray Beach Contact: Lisa Mulhall Legal Counsel (retained) Attorney Doak Campbell Delray Beach, Florida (561) 278-1890 Museum Consultant/Exhibit/Disulav Desitin Company (Retained) Malone Displays Atlanta, Georgia Contact: Pat Malone 770-987-2S38 x 115 Accountant (Retained) Martha A. Kinsel, CPA Delray Beach, Florida 561-279-4634 Page I of 2 ~ (selected, proposal received & being reviewed) Green Advertising Agency ( a division of Pace Advertising in New York City) Boca Raton, Florida Contact: Roy Connors 561-989-9350 Construction Company (selected, awaiting final proposal from them) Castle Construction Delray Beach, Florida Contact: Richard Hasher 561-272-1207 ~ (selected, received and reviewing proposal) Sensormatic Boca Raton, Florida Contact: Greg Aucamp 561-392-2608 Securit~ Guards (selected and plans to visit museum to develop a proposal) Burns International (formerly Wells Fargo) West Palm Beach, Florida Contact: Sharon Risi $61-655-8613 ~ (retained) Durante Insurance Agency Contact: Charlotte G. Durante 561-272-7050 or $61-271-4545 Page 2 of 2 I I ! I I 1 I I I ! 1 I l_ I Museum o£ l.lFestyle & Fashion History~ Inc.TM 241 N.£. 2nd Avenue/Pineapple Grove Way - Delray Beach, Florida 3~.~.~. Phone: ($61) 495-969S / Fax: (S61) 49~-$199 Floor Plan / Architectural Rendering ! ! ! ! ! I ! ! I I 1 l l Museum o£ LH'estyle & Fashion History, Inc.TM 241 N.E. 2nd Avenue/Pineapple Grove Way - Ddray Beach, Florida 33444 Phone: (~61) 49~-969~ / Fax: (~61) 495-$199 Potential Exhibits Museum of Lifestyle & Fashion History, Inc. 241 N.E. 2nd Avenue/Pineapple Grove Way; Delray Beach, Florida 3~~. Phone: (~61) 495-9695 / Fax: (561) 495-~199 J.l~ 29, 20O0-REVISED 3 Pages Temporary/Rotating/Traveling Exhibits: Exhlhition $ch~lule (Confirmed): Denim: From Work Clothes to Haute Couture Organized by the Museum of Lifestyle & Fashion History, Inc. Opening: Early 2001 Being organized by the Museum of Lifestyle & Fashion History, Inc. The followin.q is a list of travelinq exhibits which the museum has researched to date, received availability dates and is tryin.q to schedule, but NOT CONFIRMED. The Artful Teapot Exhibit examines the form of the teapot and 4OO-year history. Over 200 teapots in the exhibit Tour Dates: September 2001-April 2003 Tour organized by Exhibitions International Frank Lloyd Wright and The Living City Exhibit is retrospective of Lioyds worl~ Includes models, drawing, photographs, building typologies and decorative art~ Tour Dates: June 1998 -February 2001 Tour organized by Exhibitions International Joan Personette: On Stage and on Canvas Exhibition explores the world of an American artist who excelled both as a designer and a painter. She created more than 5,000 costumes for New York's Roxy Theater. Exhibit includes paintings, costume sketches, photographs, film footage and vintage playbills Tour Dates: June 1998 - February 2002 Tour organized by Exhibitions International Messengers of Modernism: American Studio Jewelry 1940- 1960 Exhibition of modernist jewelry. Tour Dates: 1996 - 2002 Tour organized by Exhibitions International Through the Eyes of Louis Comfort Tiffany Decorative arts by Tiffany from lSTO's to 1920's Tour Dates: 2004-2005 Tour organized by Exhibitions International Biedermeier in Vienna, t815-1848 Exhibit of Biedermeier art, furniture, porcelain, silverware, clocks, fashion, literature music Tour Dates: 2002-2003 Tour organized by Art Services International Will Rogers: A Reel Retrospective Exhibit includes 72 framed posters and lobby cards and film footage of his sdent and talld movie~ Tour Dates: 2001 - 200:} Tour organized by Smith Kramer Pomo Indian Weavers, Their Baskets and the Art Market Exhibit includes baskets and photos Remaining Tour Dates: June 2001 - September 2001 Tour organized by University of Pennsylvania Museum Cool Breezes: Handheld Fans in the 20th Century American Folk Art, Fashion, and Advertising. Tour dates: 2001 - 2005 Tour organized by Exhibits USA The Rise of a Landmark Photographs of the construction of the Empire State Building - 1874-1940 Tour Dates: Through 2005 Tour organized by Greorge Eastman House The Brownie at 100 A retrospective on Eastman Kodak's Brownie camera. Exhibit includes cameras, graphic panels and framed images, Tour Dates: 2001-2003 Tour organized by George Eastman Kodak. Hollywood Celebrity - Edward Steichen's Vanity Fair Portraits Exhibit of 65 black & white photographs done for Vanity Fair Magazine Tour Dates: 2000 - 2001 Tour organized by Georgia Eastman House Red, Hot & Blue This exhibit is a salute to American Musicals Tour Date: Through September 2001 Tour Organized by SITES (Smithsonian Institution Traveling Exhibition Service) Jazz En Clave This exhibit explores the history, cultural contest, musicians, places, instruments and dance aesthetics of jazz.' Tour Dates: To be Determined Tour Organized by SITES (Smithsonian Institution Traveling Exhibition Service) Chocolate This exhibit explores the history of chocolate from its beginning in the Rainforest to becoming a commodity in the world market Tour Begins: Winter 2002 Tour Organized by SITES (Smithsonian Institution Traveling Exhibition Service) Page 3 of 3 l l l l l l l l l l l ! Museum of Lifestyle & Fashion I~istory~ Inc.TM ~41 N.l~. ~nd Av~u~Pin~pple Gr~e ~ay - Delray ~acl~ l~o~da ~-~Z.~. Phone: (~l) ~ / Fa~: ($~1) Budget Museum of l.lfestyle & Fashion History, Inc.TM 241 N.E. 2nd Avenue/Pineapple Grove Way - Delray Beach, Florida 33444 Phone: (561) 495-9695 / Fax: (561) 495=5199 October 12, 2000 Museum's Immediate Fundraising needs are for the following: Operating Expenses: $10,000.00 per month until museum opens $ 7,000 rent, utilities, telephone $2,$00 contract services: PR & events coordinating, fundraising, grants writing $$00. O0 mailing, misa $800,000.00 initial annual starting from museum's opening day (per estimate from Miller, Calhoun based on expenses from their experience with other museums) (See next enclosed 10/4/00 memo from Miller, Calhoun Company) Capital Improvements: SI,Iff0,000.00 (per estimates from Malone Displays, Perez Architecture and Castle Construction) Museum's Logo Design, Corporate Package, Web Site & Press Kit Folder, Brochures: $49,000.00 (per Green Advertising of Boca Raton) Miller~ Calhoun & Company October 4, 2000 To: Lori From: Rich Subi: Budget notes Here are my notes and thoughts re: a first year operating budget for the Museum, based on my experience and knowledge of some other similarly sized operations. The total operating expens~ might be between $750,000 and $850,000, including ~" exhibitions. The lout major expense categories would be: Personnel 1;400,000 General operations100,000 Supplies 50,000 Exhibitions 250,000 Total $800,000 AS we discussed this is just an estimate based on the following~ Personnd: Executive Director/Curator Volunteer Coordinator/Education Secreta~ Development Coordinator/Membership Manager Buyer/Gift shop manager/Admissions Assistant Curator Contracted services: Security PR/Advertising/Design Development Grantsmanship Accounting Until opening we should be able to function on about $10,000 per month. I think we can safely say that we will need about $100,000 to get us to within three months of opening and then another $200,000 to get to opening. We now need to work out what the revenue streams need to be in various categories - both earned income and gift and grant income- to meet the budget Museum o£ L;~estyle & Fashion History, Inc.TM 241 N.E. 2nd Avenue/Pineapple Grove Way - Delray Beach, Florida 33444 Phone: (~61) 495-9695 / Fax: (561) 495-5199 October 12, 2000 Budaet for Capital Improvements: Start-up Building Improvements/Renovations: $550,000.00 Start-up Furnishings/Equipment: $500,000.00 Total: $1 ,t 50,000.00 Museum of Lifestyle & Fashion History, Inc.TM 241 N.E. 2nd Avenue/Pineapple Grove Way - Delray Beach, l~lorida 33444 Phone: (~61) 49~9695 / Fax: (~61) 49~-$199 Potential Sources for Grants DRAFT The Museum of Lifestyle and Fashion History Potential Sources of Grant Funds in 2000-2001 Local Foundations: 'Foundation for Palm Beach and Martin Counties-S25,000. October 1 1. Community deadline. 2. Sun-Sentinel Fund-S5-20,000 December, March, May and August deadlines. Requires an audited financial statement or a Form 990. Emphasize the relationship with children's activities. 3. John S. and James L. Knight Foundation-S10,000 to $50,000 4. Lost Tree Village-S10,000 5. Lattner Foundation-$10,000 or higher 6. E.M. Lynn Foundation-S5000 or higher 7. Frank Stanley Beveredge 8. Publix Supermarkets-$10,000 9. Winn-Dixie-S5000 10. Gertrude Skelly Foundation-$10,000 or higher 1 I. George Storer Foundation-$10,000 or higher 12. Junior League of Boca Raton Community Support Fund-S2500 13. John D. and Catherine MacArthur Foundation-$10,000 or higher Corporate Sponsorships/Donations: 1. Mattel Corporation-In-kind use of Barbie materials. Possible financial support or cash donation to be explored. 2. Levi-Strauss-Possibility of support as financial sponsor for the upcoming denim exhibit. 3. The Gap-Possibility of support as financial sponsor for the upcoming denim exhibit. 4. Coca-Cola-Possibility of support from corporate organization or from a family foundation Grants to Organizations Program-August 14. Funds $5000 to $150,000. To broaden public access to the arts, to encourage opportunities to create and present artistically excellent work, to preserve the national cultural heritage in the 21s~ century, etc. Grants may cover support for up to two years. (202) 682-5400 3. Institute of Museum and Library Services National Leadership Grants for Museums Program-March 1 deadline. Encourages innovation in providing public service and meeting community needs; widespread and creative use of new technologies; model projects to be replicated; greater public access to the collection and an extended impact of federal dollars through collaborations. Amounts of $15,000-$500,000. 1:1 match for over $250,000 and 1/3 encouraged for under $250,000. (202) 606-8636 Conservation Project Support-October 15 deadline. To help museums "identify conservation needs and priorities and perform activities to ensure the safekeeping of their collections." Amounts of $50,00-75,000. (202) 606-4641 National Foundations: 1. Costume Society of America (410) 275-1619 2. Exhibits USA Amanda Rees, Curator of Education (800) 473 3872 3. American Association of Museums (202) 289-1818 The Museum of Lifestyle and Fashion History Potential Sources of Grant Funds in 2001-2005 Preliminary Research List Palm Beach County. I. Palm Beach County Cultural Council-Category B-Must have a $200,000 annual buc~get. Funds distributed based upon the organization's ability to bring tourists to Palm Beach County. State of Florida 1. Challenge Grants 850 487-2980-Programming incentives to cultural organizations that demonstrate regional or statewide impact: July deadline. Minimum grants of $10,000/maximum of $75,000. Requires 3:1 cash match. 2. Cultural Facilities Program 850 487-2980 July deadline. For construction or acquisition of new cultural facilities. 2:1 cash match required. 3. Florida Cultural Endowment Program-850 487-2980-June-Local organization must raise $360,000 for the endowment and the state will match with $240,000. Must be designated by the state for the program. 4. Arts and Education Program-To assist with educational programming at the museum. Regional Organizations: I. Southern Arts Federation 2. Florida Association of Museums Federal Government: 1. National Endowment for the Humanities Consultation Grants-September 11. To help imagine a new project or chart a new direction for your project. Special consideration to projects in Florida. $10,000 maximum. (202) 606-8267 2. National Endowment for the Arts as a strong presence in commercial pop culture. 5. McDonald's Corporation or Foundation-Regional office located in Boca Raton. 6. Tyco International-Local corporation with possibility of financial support. Government Grants: Palm Beach County 1. Palm Beach County Cultural Council Category C grant-February deadline. Maximum is $15,000. To improve and support smaller cultural organizations with projects related to children and/or multi-culturalism. (561) 471-2901 2. Palm Beach County Recreation Assistance Discretionary Fund For District IV-$10,000 from fund administered by Mary McCarty for use within District IV. Florida Division of Cultural Affairs I. Quarterly Assistance Application-September 1 or January 1. Up to $1500 for a project undertaken by new and emerging organizations. 2. Discipline Based Arts Program-October 30. Up to 10% of the organization's last year's budget for general program support. $1000 minimum-S50,000 maximum. Need one year of programming completed. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM ~5~' tq. - REGUI.AR MEETING OF NOVEMBER 7, 2000 LIEN REVIEW ADVISORY TEAM NOVEMBER 1, 2000 At the October 3'd regular meeting, the City Cormmssion considered the summary agreement presented by Mr. Baffles, Senior Reconciliation Specialist with the U.S. Department of Justice, together with the staff recommendation to address the issues outlined in the report. By unammous vote the Commission approved the recommended action plan which included a collaborative effort between staff and the Black Coalition to establish a five (5) member advisory team by the end of October, 2000. This team would then be responsible for reviewing outstanding lien situations on a case-by-case basis and making recommendations to the City Comrmssion as to appropriate disposition. The dialogue concerning establishment of the advisory team is now complete. The recommendation is to increase the regular membership from five to seven members, with three alternate members. The individuals recorrmaended for appointment as both regular and alternate members are set forth in the attached memorandum from the Director of Community Improvement. I recommend approval of the increased membership as well as ratification of the proposed list of appointees. RefiAgmemol0.Lien Review Advisory Team Date: October 31, 2000 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular Special __ Workshop When: November 7, 2000 Description of Agenda Item: Thomas Battles Initiative - Advisory Team Appointments Consent Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda:(~/No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 Memo To: David Harden - City Manager ~"r'~ Thru: Lula Butler- Director, Community Improvemen From: R~chard Bauer- Code Enforcement Administrator Date: October 31, 2000 Thomas Battles Initiative - Advisory Team ITEM BEFORE THE COMMISSION: City Commission consideration to increase Advisory Team from five (5) members to seven (7) members and to ratify the appointment of the regular and alternate members. BACKGROUND: On October 3, 2000, the City Commission approved the summary agreement from Thomas Ba~es and staff implementation plan, which included the establishment of an Advisory Team. RECOMMENDATION: Staff is recommending that the Commission staff a seven (7) member advisory team. The prior recommendation was for a five (5) member team. Staff is also recommending that the Commission ratify the appointment of the following individuals as regular and alternate members of the Advisory Team: Regular Members Alternate Members 1. Amjed (Tony) Hamden 2. Nadine Hart 3. David Henninger 4. Barbara Holden 5. Mark Little 6. David Randolph 7. Josh Smith 1. Carolyn Morgan 2. Dr. Virgil Norris 3. William Young RB:ib ePee1 CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER PAUL DORLING, ACTING DIRECTOR OF I~.~ ~,NNJNG AND f..~NING DANIEL MARFINO, SENIOR PLANNER---',~=~, ~.f 000 ABANDONMENT OF THE UNIMPROVED PORTION OF THE LAING STREET RIGHT-OF-WAY, LYING BETWEEN THE INTRACOASTAL WATERWAY AND ANDREWS AVENUE. BACKGROUND The request involves abandoning a 20' x 928' rectangular shaped parcel, containing approximately 18,560 square feet (0.42 acres). The subject property represents the entire portion of the Laing Street right-of-way, between the Intracoastal Waterway and Andrews Avenue, and was dedicated with the plat of the Fractional East Half of Section 16 (Plat Book 1, Page 25). The abandonment request was submitted by Kevin & Mary McCarty, the owner of Lots 6 and the west half of Lot 5, Plat of Delray Beach Esplanade. If approved, the property owners to the north and south are entitled to one-half (10 feet each) of the abandonment area, adjacent to their individual lots. The subject alleyway is unimproved, however Florida Power & Light, BellSouth, Adelphia Cable and the Florida Public Utilities Company have identified existing facilities in the abandonment area. In order to accommodate these facilities, a general utility easement will be retained over the entire abandonment area. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of October 16, 2000, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the proposed abandonment. After reviewing the staff report and discussion, the Board voted 6 to 0 (Lloyd Hassner absent), to recommend approval, with the condition that a general utility easement is retained over the entire abandonment area. RECOMMENDED ACTION By motion, approve the abandonment of right-of-way and reserve a general utility easement over the entire abandonment area, based upon positive findings with respect to LDR Section 2.4.6(O)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of October 16, 2000 S:\ P&Z\boards\citycornmission\LaingSt-Aban_CC Doc.doc RESOLUTION NO. 88-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF THE UNIMPROVED RIGHT-OF-WAY FOR LAING STREET, LYING EAST OF THE INTRACOASTAL WATERWAY AND WEST OF ANDREWS AVENUE, AS SHOWN ON THE PLAT OF DEL1LAY BEACH ESPLANADE AND AS ALSO SHOWN ON THE PLAT OF WATER WAY LANE, AS MORE PARTICULAILLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRiVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, an application for abandonment of that portion of the ummproved Laing Street right-of-way lying between the Intracoastal Waterway and Andrews Avenue, as more particularly described herein, was received by the CiD' of Delray Beach; and WHEREAS, the application for abandonment of said right-of-way xvas processed pursuant to Section 2.4.6(0), "Abandonment of Pdghts-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviexved the matter at a pubhc hearing on October 16, 2000, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings ~vith respect to LDR Section 2.4.6(0)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Cormmssion of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the pubhc good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage faciliries, or any other facilities used for various public utilities xvhether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101 (5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Comn~ssion to vacate and abandon all right and interest it holds to the following real property for fight-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, more particularly described as follows: That certain 20.00 foot right-of-way for Lamg Street, lying east of the Intracoastal Waterway and west of Andrews Avenue, as shown on the Plat of Dekay Beach Esplanade, according to the Plat thereof as recorded in Plat Book 18 at Page 39 of the Public Records of Palm Beach Count5,, Florida, and as also shown on the Plat of Water Way Lane, according to the Plat thereof recorded in Plat Book 18 at Page 100 of the Public Records of Palm Beach County, Florida, said right-of-way being more particularly described as follows: Begin at the Northeast corner of Lot 1, Delray Beach Esplanade as recorded in Plat Book 18, Page 39 of the Public Records of Palm Beach Count3-, Florida; thence North 89 degrees 54'11" West along the North line of Lots 1 through 12, reclusive, of said Plat of Delray Beach Esplanade, being coincident with the South line of that certain 20.00 foot right-of-way for Laing Street, for a distance of 928.11 feet; thence North 07 degrees 54'04" East along the East right-of-way ]me of the Intracoastal Waterway for a distance of 20.19 feet; thence South 89 degrees 54'11" East along the South line of the Yacht Basin and the South line of Lots 7 through 12, inclusive, of the Plat of Water Way Lane, according to the Plat thereof as recorded in Plat Book 18 at Page 100 of the Public Records of Palm Beach County, Florida, being coincident with the North line of the said 20.00 foot right-of-way for Lamg Street, for a distance of 925.35 feet to the Southeast corner of Lot 12 of said Plat of Water Way Lane; thence South 00 degrees 01'49" West along the Southerly extension of the East line of said Lot 12, Plat of Water Way Lane, for a distance of 20.00 feet to the Point of Beginning. Containing 18,535 square feet, more or less. PASSED AND ADOPTED in regular session on this the 7th da), of November, 2000. MAYOR ATTEST: City Clerk 2 Res. No. 88-00 ANDREWS AVENUE $00'01'49"iff r RIGHT OF WAY LINE 20.00' I OF ANDREWS AVENUE PER P,B. 18, PAGE 39) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: AGENDA ITEM: ITEM: ---STAFF REPORT--- October 16, 2000 III.A. Abandonment of an Unimproved East-West Portion of Laing Street, Located Between Andrews Avenue and the Intracoastal Waterway. GENERAL DATA: Owner .................................. General Public Agent/Applicant .................... Lawrence Kevin & Mary Ballard McCarty Location ............................... East-West portion of Laing Street, between Andrews Avenue and Intracoastal Waterway Property Size ........................ 0.43 Acre Existing FLUM Designation.. Low Density Residential Current Zoning ..................... R-l-AA (Single Family Residential) Adjacent Zonings ........ North: R-l-AAA (Single Family Residential) East: R-l-AA South: R-l-AA West: Intracoastal Waterway Existing Land Use ................ Unimproved east-west right- of-way Proposed Land Use ............. Abandonment of the east- west portion of Laing Street, between Andrews Avenue and the Intracoastal Waterway to be aggregated into adjacent lots. Water Service ....................... n/a Sewer Service ...................... n/a III.A. iTEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of the unimproved portion of the Laing Street right-of-way (ROW), lying between Intracoastal Waterway and Andrews Avenue. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(O), Abandonment of Rights-of-Way. BACKGROUND The subject portion of Laing Street is located approximately 2,075 feet north of E. Atlantic Avenue, and 770 feet west of State Road A1A. Laing Street was dedicated with the recordation of the Plat of the Fractional East Half of Section 16 (Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida), in March of 1910. Currently the right-of-way is unimproved, and numerous adjacent parcels have incorporated portions of the abandonment area into their yards. I' ABANDONMENTDESCRIPTION I The portion of Laing Street proposed for abandonment measures 20 feet in width and approximately 928 feet in length, containing 18,560 square feet (0.43 acres). The abandonment area represents the entire portion of the Laing Street right-of- way between Andrews Avenue and the Intracoastal Waterway. The abandonment request was submitted by Kevin & Mary Mc Carty, the owners of Lot 6, and the west half of Lot 5, Plat of Delray Beach Esplanade. ABANDONMENTANALYSIS Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to fhe same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and retumed equally to abutting parcels. The subject abandonment area was originally dedicated as a public right-of-way with recordation of the plat of the Town of Linton (Delray Beach's original town plan, PB 1, PG 4) in 1895. Functionally it served as an access road between large agricultural lots. It was subsequently replatted with the plat of the Fractional East Half of Section 16 (PB 1, PG 25), in 1910, with the same right-of- way and adjacent lot configuration. Planning and Zoning Board Staff Report Laing Street Right-of-way Abandonment Page 2 As the City began to grow and prosper, the large agricultural lots east of the Intracoastal Waterway were subdivided for residential purposes. The properties abutting the south side of Laing Street (12) were created in 1938 via the plat of Delray Beach Esplanade (PB 18, PG 39), and the properties to the north side (6) were created with the plat of Waterway Lane (PB 18, PG 100), in 1940. The right of reversion transfers to the parcels, which are adjacent to the subject right-of- way. Accordingly, the fee-simple owners of Lots 1 through 12, said plat of Delray Beach Esplanade, and the fee-simple owners of Lots 7 through 12, said plat of Water Way Lane, are entitled to ~ of the 20 feet wide subject right-of-way, adjacent to their property. Utility Services Recently, the Environmental Services Department completed a water main improvement project, whereby service to all adjacent properties to the south were relocated from an aging 2" main in the subject area, to a new main located in the Vista Del Mar Drive right of-way. The 2" main has been plugged and will not be used for any other purpose, therefore Environmental Services Department has no objection to the abandonment. Florida Power & Light, BellSouth, Adelphia Cable and the Florida Public Utilities Company have identified existing facilities in the subject abandonment area, and are requesting a replacement utility easement; in order to maintain said facilities. The City's Fire Department has reviewed the request and has no objection to the abandonment. REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of, way for any public purpose. Currently, the right-of-way is unimproved, and there are no plans to improve it in the future. The City has no plans to utilize this right-of-way for any other purpose. Planning and Zoning Board Staff Report Laing Street Right-of.way Abandonment Page 3 B) That the abandonment does not, nor will not, prevent access to a lot of record. Currently, all parcels adjacent to the south side of the proposed abandonment take primary access from Vista Del Mar Drive. All parcels to the north take primary access from Water Way Lane. No parcels use the subject area for secondary access. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. Currently Florida Power & Light, Adelphia Cable, BellSouth and the Florida Public Utilities Company have identified existing utilities in the subject area. The existing utilities will be accommodated through the reservation of a general utility easement, so that they will provide the same or better services to the surrounding area. This will be a condition of approval for this abandonment. REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency), the HPB (Historic Preservation Board), or the DDA (Downtown Development Authority). Courtesy__Notices: Courtesy notices have been provided to the following: 0 0 Presidents Council Beach Properties Association Via Marina Association .Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report Laing Street Right-of-way Abandonment Page 4 ASSESSMENT As the subject right-of-way has a platted width of 20 feet, which is 1/3 the current code requirements of 60 feet, and development has already occurred on all adjacent property, it is unrealistic to believe the subject area will ever be improved for access purposes. Furthermore, as all current and future utilities will be accommodated through a replacement utility easement, the intended public use of the subject area is limited. The purpose of the abandonment is to incorporate the vacated area with the parcels to the north and south, which will benefit the adjacent property owners. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(O)(5). RECOMMENDED ACTION By motion, recommend to the City Commission approval of the abandonment of the unimproved portion of the Laing Street right-of-way, lying between the Intracoastal Waterway and Andrews Avenue, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following condition: 1) Retain a general utility easement over the entire abandonment area. Attachments: · Reference Map "A" · Survey File: S:\Planning&Zoning\P&Z~Laing Street Abandonment.doc W! BEACH SEA WATERWAY DRIVE LANE SPRAY AVE. LAING STREET THOMAS VISTA DEL MAR DR. STREET LAING STREET ABANDONMENT REFERENCE MAP "A" I TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DAVID T HARDEN, CITY MANAGER/'~,,~ , ;1 , PAUL DORLING, ACTING DIRECTOR OF ~ANNI~IG AND ZONING DANIEL MARFINO, SENIOR PLANNER-'" MEETING .OW E. 000 ABANDONMENT OF FIVE ALLE~AYS IN THE NORTH FEDERAL HIGHWAY AREA. BACKGROUND The request involves abandoning five alleyways, located in the North Federal Highway Area (please see Reference Map "A", in the attached staff report). The five abandonments contain approximately 47,829 total square feet (1.09 acres), and were dedicated by the plat of La-Hacienda (PB 15, PG 6), and the plat of Snow Hill (PB 21, PG 83). The abandonments represent the second installment of the City Initiated Alleyway Abandonment Project. This project is being carried out by the Planning & Zoning and Environmental Services Departments, under direction given by the City Commission. The Alleyway Abandonment Project identified alleyways (and sub- standard street rights-of-way) which are considered "non-essential", and subsequently recommended vacating each. Criteria for this analysis was based upon municipal water & sewer provision (existing & planned), and property access issues. Currently, all abandonment areas contained in this report are unimproved and are not utilized for primary access to any adjacent parcel. No municipal water or sewer mains are located within any of the five alleyways. Florida Power & Light, Adelphia Cable, and BellSouth have identified facilities in area 9-A, 9-B, 9-D, and 9-E. In order to accommodate these facilities, a general utility easement will be retained over these alleyways. Abandonment Area 9-C has no identified utilities located within its boundaries, and will not require a replacement utility easement. At its meeting of October 16, 2000, the Planning and Zoning Board considered the request at a public hearing. One person spoke in support of the abandonments in the La-Hacienda area. After reviewing the staff report, the Board voted on each abandonment area individually. Each vote was 6 to 0 to recommend approval (Lloyd Hassner absent), with the condition that a general utility easement is retained over all abandonment areas with the exception of Area 9-C. RECOMMENDED ACTION By motion, approve the abandonments of right-of-way and reserve a general utility easement over abandonment areas 9-A, 9-B, 9-D, and 9-E, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolutions (5) · P & Z Staff Report of October 16, 2000 S:~ P&Z~boards~citycommission~Phasel-CCDoc~doc RESOLUTION NO. 89-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF THE EAST/WEST ALLEY RIGHT-OF-WAY LYING ADJACENT TO THE SOUTH LOT LINES OF LOTS 4 THROUGH 20, INCLUSIVE, BLOCK E, PLAT OF LA HACIENDA, LOCATED WITHIN THE NORTH FEDERAL HIGHWAY AREA, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, pursuant to the Ailed'way Abandonment Proiect, the City of De[ray Beach initiated the abandonment of that portion of the e&st/west alley right-of-way lying adjacent to the south lot lines of Lots 4 through 20, inclusive, Block E, Plat of La Hacienda, as more particularly described herein; and WHEREAS, the applica6on for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on October 16, 2000, and voted 6 to 0 to recommend approval of the abandonment, based upon posihve findings with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City ComtrUssion of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of DeIrav Beach to vacate and abandon said alley right-of-way, based upon positive findings pursuant to LDR ~Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether oxvned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101 (5) and Chapter 166 of the Florida Statutes, it is herebs' determined by the Dekay Beach City Commission to vacate and abandon all right and interest it holds to~ the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, more particularly described as folloxvs: ABANDONMENT AREA 9-A That portion of the eight foot (8') east/west alleyway located adjacent to the south lot lines of Lots 4 through 20 (reclusive), Block E, Plat of La Hacienda, Plat Book 15, Page 6, as recorded in the Public Records of Palm Beach County, Florida; containing 0.156 acre, more or less. PASSED AND ADOPTED in regular session on this the 7* day of November, 2000. MAYOR ATTEST: ~ity Clerk - 2 - Res. No. 89-00 EAST~EW AVl, t~ LAKE AVENUE N. LAKE AVENUE $. DENERY LANE PHASE ONE ALLEYWAY ABANDONMENT PROJECT ALLEYWAYS # 9-A, 9-B, 9-C, & 9-D REFERENCE MAP IIAII PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: October 16, 2000 III.B. City Initiated Abandonment of Several Alleyways, Located within the North Federal Highway Area. GENERAL DATA: Owneri~ ................................ General Public Agent/Applicant .................... City of Delray Beach David T. Harden, City Manager Location ............................... North Federal Highway Area Property Size ........................ Alley g-A: 0.156 Acre Alley 9-B: 0.293 Acre Alley 9-C: 0.114 Acre Alley 9-D: 0.119 Acre Alley 9-E: 0.414 Acre Existing FLUM Designation.. Low Density Residential & Medium Density Residential Current Zoning ..................... GC (General Commercial) R- 1-A (Single Family Residential), RM (Multiple Family Residential-Medium Density) & RL (Multiple Family Residential-Low Density) Adjacent Zonings ........North: R-l-A, RM & RL East: RM & RL South: R-1-A & RL West: GC & RM Existing Land Use ................ Unimproved rights-of-ways Proposed Land Use .............Abandonment of alleyways (depicted on the map) within to be aggregated into adjacent lots. Water Service ....................... n/a Sewer Service ...................... n/a ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of five (5) alleyways in the North Federal Highway area. These right-of-way abandonments are being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. BACKGROUND J The five (5) abandonments before the Board, represent the second installment of proposed abandonments of the City Initiated Alleyway Abandonment Project. This project is designed to be a comprehensive analysis of alleyways in the City, in order to determine which alleyways are considered non-essential in terms of the provision of municipal utilities and property access. This project is being implemented by the Planning & Zoning and Environmental Services Departments, under direction received from the City Commission. The five abandonment areas contained in this report are located in the North Federal Highway Area, and are labeled "Phase One". For identification purposes, each abandonment area was assigned a unique label (i.e. 9-A, 9-B, 9-C, etc). The first number of the label represents the section of land (according to the Public Land Survey System) in which the abandonment area is located. The second portion of the label represents an arbitrary letter assigned to each proposed abandonment area. Each of the five subject abandonments contained in this grouping will be voted on individually. As this is a City initiated project, surveys of each abandonment area were not required. All abandonment areas listed in this report are platted rights-of-way, and staff will create the requisite legal descriptions for the official City resolution. ALLEYVVAY / RIGHT-OF-WAY DEDICATIONS Abandonment Areas 9-A~ 9-B~ 9.C~ & 9-D: The subject abandonment areas were dedicated with the recordation of the Plat of La-Hacienda (Plat Book 15, Page 6, of the Public Records of Palm Beach County, Florida), in October of 1926. Currently the alleyways are unimproved. Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project - Phase One (N, Federal Area) Page 2 Abandonment Area 9-E: The alleyway was dedicated with the recordation of the Plat of Snow Hill (Plat Book 21, Page 83, of the Public Records of Palm Beach County, Florida), in May of 1947. Currently, a portion of the alley is improved and has been incorporated into the parking lot of Sande's Restaurant. The remainder of the subject alleyway is unimproved. ABANDONMENT DESCRIPTIONS Abandonment Area 9-A: The subject alleyway measures 8 feet in width and approximately 850 feet in length, containing 6,800 square feet (0.156 acres). This abandonment area is the entire 8- foot east-west alley, adjacent to south lot lines of Lots 4 thru 20, Block E, said Plat of La-Hacienda. The portion of the alleyway adjacent to the south of Lots 1-3 is not being included in the abandonment, as it is being utilized by the adjacent commercial properties. It is presumed that only one-half (8') of the typical 16 foot alley was dedicated from this plat in anticipation that the subdivision to the south would provide the additional 8 feet. Subsequent development to the south did not provide the additional alley right-of-way. Thus the intended public use of this alleyway, beyond the provision of certain utilities, is limited. Abandonment Area 9-B: The subject alleyway measures 16 feet in width and approximately 799.5 feet in length, containing 12,792 square feet (0.293 acres). This abandonment area is the entire 16-foot east-west alleyway adjacent to the south lot lines of Lots 1-16, and the north lot lines of Lots 23-38, Block D, said Plat of La-Hacienda. Abandonment Area 9-C: The subject alleyway measures 16 feet in width and approximately 311 feet in length, containing 4,976 square feet (0.114 acres). This abandonment area is the entire 16-foot north-south alleyway adjacent to the west lot lines of Lots 17-22, and the east lot lines of Lots 16 and 23, and the eastern terminus of the east-west alleyway (9-B), all in Block D, said Plat of La-Hacienda. Abandonment Area 9-D: The subject alleyway measures 8 feet in width and approximately 650 feet in length, containing 5,200 square feet (0.119 acres). This abandonment area represents the 8-foot east-west alley, adjacent to north lot lines of Lots 5 thru 17, Block E, said Plat of La-Hacienda. The portion of the alleyway adjacent to the north of Lots 1-4 is not being included in the abandonment, as it is being utilized by the adjacent commercial properties. In addition, the portion of the alley abutting Lots 18 and 19 is Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project- Phase One (N. Federal Area) Page 3 not included as it is it scheduled to be improved as a bike path, in conjunction with the Estuary townhouse project. As with alleyway 9-A, it is assumed that the intent of the alleyway was for adjacent development (to the north) to provide the additional 8 feet of r-o-w to create a standard 16 foot alleyway. Subsequent development to the north did not provide the additional alley r-o-w. Thus the intended public use of this alleyway, beyond the provision of certain utilities, is limited. Abandonment Area g-E: The subject alleyway measures 15 feet in width and approximately 1,204 feet in total length, containing 18,061 square feet (0.414 acres). This abandonment area represents the entire 15 foot alley, in Block A, said Plat of Snow Hill. The subject alleyway can be further divided into 3 segments; one (1) east-west segment and two (2) north-south segments. The east-west segment is adjacent to the north lot lines of Lots 6-24. The first north-south segment is adjacent to the west lot lines of Lots 1- 5 and the west lot line of Lot 6. The second north-south segment is adjacent to the east lot line of Lot 24 and the west lot lines of Lot 25-27. ABANDONMENTANALYSIS Pursuant to LDR Section 2.4.6(0)(1), public fight-of-way may be abandoned (retumed) to the adjacent property to the same degree in which it was originally obtained, L e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. Abandonment Area 9-A: As the subject parcel was created entirely from the plat of La-Hacienda, the fee simple owners of Lots 4-20, of Block E, are entitled to the entire 8 foot alleyway, adjacent to their property. Abandonment Area 9-B: As the subject parcel was created entirely from the plat of La-Hacienda, the fee simple owners of Lots 1-16 and Lots 23-38, of Block D, are entitled to % of the 16 foot alleyway, adjacent to their property. Abandonment Area g-c: As the subject parcel was created entirely from the plat of La-Hacienda, the fee simple owners of Lots 17-22 and Lots 16 & 23, of Block D, are entitled to % of the 16 foot alleyway, adjacent to their property. Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project - Phase One (N. Federal Area) Page 4 Abandonment Area 9-D: As the subject parcel was created entirely from the plat of La-Hacienda, the fee simple owners of Lots 5-17, of Block C, are entitled to the entire 8 foot alleyway, adjacent to their property. Abandonment Area g-E: As the subject parcel was created entirely from the plat of Snow Hill, the fee simple owners of Lots 6-24, of Block A, are entitled to the entire 15 foot alleyway, adjacent to the rear (north) of their property; the fee owners of lots 1-5, of Block A, are entitled to % of the 15 foot alley to the east of their property, and the fee simple owner of Lot 6 is entitled to % of the 15 foot alley to the west of their property; the fee owners of lots 25-27, of Block A, are entitled to % of the 15 foot alley to the west of their property, and the fee simple owner of Lot 24 is entitled to % of the 15 foot alley to the east of their property. Property Division for Abandonment Area 9-E sNOW HILL UTILITY SERVICES · No municipal water or sewer lines are currently located in any of the proposed abandonment areas. Florida Power & Light, Adelphia Cable, and BellSouth have identified facilities in subject abandonment areas 9-A, 9-B, 9-D & 9-E, and are requesting replacement utility easements for each, The Florida Public Utilities Company and the City's Fire Department have also reviewed the requested abandonments, and have no objections. Subject Abandonment Area 9-C has no identified utilities within its boundaries, and will not require a replacement utility easement. Planning and Zoning Board Staff Report City initiated Alleyway Abandonment Project - Phase One (N. Federal Area) Page 5 REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of, way for any public purpose. Currently, all listed abandonment areas are unimproved, and there are no plans to improve them in the future. The City has no plans to use the subject areas for any other purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. Currently, no adjacent lot utilizes any of the subject abandonment areas for primary access. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. Currently, Florida Power & Light, Adelphia Cable, and BellSouth have identified existing facilities in Abandonment areas 9-A, 9-B, 9-D & 9-E. These facilities will be accommodated through the reservation of utility easements over the entirety of the listed abandonment areas. Thus, the current and future ability to provide utility services to adjacent properties or the surrounding area, will not change. The provision of the aforementioned utility easements for areas 9-A, 9-B, 9-D & 9-E; will be a condition of approval for these abandonments. REVIEW BY OTHERS The proposed abandonment areas are within the geographical area requiring review bY the CRA (Community Redevelopment Agency). The CRA considered the abandonments at its meeting of August 24, 2000, and recommended approval. The proposed abandonment areas are not within the geographical area requiring review by the HPB (Historic Preservation Board), or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following: Presidents Council North Palm Trail Association La Hacienda Home Owners Association Kokomo Key Home Owners Association Stanley Milosky Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project - Phase One (N. Federal Area) Page 6 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT As all the subject abandonment areas are unimproved and there are no plans for their improvement, their intended public use is limited. The purpose of this project is for the City to release alleyways and sub-standard street right-of-ways back to properties which originally dedicated them, if there is no current or future municipal need. All subject abandonment areas listed in this report meet these qualifications, and the criteria for "Abandonments of Rights-of-Way", as listed in Section 2.4.6(0) of the City's Land Development Regulations. The reservation of general utility easements over Abandonment Areas 9-A, 9-B, 9-D & 9-E, is listed as a condition of approval. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonments subject to positive findings with respect to LDR Section 2.4.6(0)(5). 3. Recommend to the City Commission denial of the abandonments based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). L RECOMMENDED ACTION J By Separate Motion: I.- Abandonment Area 9-A: By motion, recommend to the City Commission approval of the abandonment of the 8-foot east-west alleyway, adjacent to Lots 4 through 20, Block E, of the plat of La- Hacienda, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1 .) A general utility easement is retained over the entire abandonment area. Planning and Zoning Board Staff Report City Initiated Alleyway Abandonment Project - Phase One (N Federal Area) Page 7 II. - Abandonment Area 9.B: By motion, recommend to the City Commission approval of the abandonment of the 16-foot east-west alleyway within Block D, of the plat of La-Hacienda, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1 .) A general utility easement is retained over the entire abandonment area. II1.- Abandonment Area 9-C: By motion, recommend to the City Commission approval of the abandonment of the 16-foot north-south alleyway within Block D, of the plat of La-Hacienda, based upon positive findings with respect to LDR Section 2.4.6(0)(5). IV. - Abandonment Area 9-D: By motion, recommend to the City Commission approval of the abandonment of the 8-foot east-west alleyway, adjacent to Lots 5-17, Block C, of the plat of La-Hacienda, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1 .) A general utility easement is retained over the entire abandonment area. V. - Abandonment Area 9-E: By motion, recommend to the City Commission approval of the abandonment of the entire 15-foot alleyway within Block A, of the plat of Snow Hill, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1 .) A general utility easement is retained over the entire abandonment area. Attachments: · Reference Map "A" · Reference Map "B" File: S:\Planning&Zoning\Boards\P&Z~Phase-One Abans.doc _~ EAST~EW AVE, L~ LAKE AVENUE N. LAKE AVENUE S. DENERY LANE PHASE ONE ALLEYWAY ABANDONMENT PROJECT ALLEYWAYS # 9-A, 9-B, 9-C, & 9-D REFERENCE MAP "A" ~ KOKOMO ~'~ KEY 27 ALLEN AVE. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 23 24 ~ !~ 26 25 ROYAL PALM BLVD. PHASE ONE ALLEYWAY ABANDONMENT PROJECT ALLEYWAY # 9-E REFERENCE MAP "B" THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION TO: DAWD T. HARDE,. C TY M^,AGER . DANIEL MAR.NO, SENIOR.LANNER-- MEETING OF NOVEMBER 7, 2000 *CONS~ENT A~ENDA* ABANDONMENT OF FIVE ALLEYWAYS IN THE NORTH FEDERAL HIGHWAY AREA. BACKGROUND The request involves abandoning five alleyways, located in the North Federal Highway Area (please see Reference Map "A", in the attached staff report). The five abandonments contain approximately 47,829 total square feet (1.09 acres), and were dedicated by the plat of La-Hacienda (PB 15, PG 6), and the plat of Snow Hill (PB 21, PG 83). The abandonments represent the second installment of the City Initiated Alleyway Abandonment Project. This project is being carried out by the Planning & Zoning and Environmental Services Departments, under direction given by the City Commission. The Alleyway Abandonment Project identified alleyways (and sub- standard street rights-of-way) which are considered "non-essential", and subsequently recommended vacating each. Criteria for this analysis was based upon municipal water & sewer provision (existing & planned), and property access issues. Currently, all abandonment areas contained in this report are unimproved and are not utilized for primary access to any adjacent parcel. No municipal water or sewer mains are located within any of the five alleyways. Florida Power & Light, Adelphia Cable, and BellSouth have identified facilities in area 9-A, 9-B, 9-D, and 9-E. In order to accommodate these facilities, a general utility easement will be retained over these alleyways. Abandonment Area 9-C has no identified utilities located within its boundaries, and will not require a replacement utility easement. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of October 16, 2000, the Planning and Zoning Board considered the request at a public hearing. One person spoke in support of the abandonments in the La-Hacienda area. After reviewing the staff report, the Board voted on each abandonment area individually. Each vote was 6 to 0 to recommend approval (Lloyd Hassner absent), with the condition that a general utility easement is retained over all abandonment areas with the exception of Area 9-C. RECOMMENDED ACTION By motion, approve the abandonments of right-of-way and reserve a general utility easement over abandonment areas 9-A, 9-B, 9-D, and 9-E, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolutions (5) · P & Z Staff Report of October 16, 2000 S:~ P&Z~boards~citycommission~Phase f-CCDoc, doc RESOLUTION NO. 90-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE ENTIRE EAST/WEST AIJ.EY RIGHT-OF-WAY LYING WITHIN BLOCK D, PLAT OF LA HACIENDA, LOCATED WITHIN THE NORTH FEDERAL HIGHWAY AREA, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, pursuant to the Alleyway Abandonment Project, the City of Delray Beach initiated the abandonment of the entire east/west alley right-of-way 1,ving within Block D, Plat of La Hacienda, as more particularly described herein; and WHEREAS, the application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hea£mg on October 16, 2000, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Cormmssion of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the pubhc good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described her(m, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the De[ray Beach City Comrmssion to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility- easement over the entire area thereof, more particularly described as follows: ABANDONMENT AREA 9-B The entire sixteen foot (16') east/west alleyway, adjacent to Lots 1 through 16 (reclusive), and Lots 23 through 38 (reclusive), within Block D, Plat of La Hacienda, Plat Book 15, Page 6, as recorded in the Public Records of Palm Beach County, Florida; containing 0.293 acre, more or less. PASSED AND ADOPTED in regular session on this the Th day of November, 2000. MAYOR ATTEST: City Clerk ff ir - 2 - Res. No. 90-00 EAST~EW AVE. t~ LAKE AVENUE N. LAKE AVENUE S. DENERY LANE ¢ PHASE ONE ALLEYWAY ABANDONMENT PROJECT ALLEYWAYS # 9-A, 9-B, 9-C, & 9-D REFERENCE MAP "A" TO: THRU: FROM: SUBJECT: DAV.D T..ARDEN. MA.^GER PAUL DORLING, ACTING DIRECTOR OF AI~I'I~I GA~Ii~ ~' NING MEETING OF NOVEMBER 7, 2000 *CONSENT AI~ENDA* ABANDONMENT OF FIVE ALLEYVVAYS IN THE NORTH FEDERAL HIGHWAY AREA. BACKGROUND The request involves abandoning five alleyways, located in the North Federal Highway Area (please see Reference Map "A", in the attached staff report). The five abandonments contain approximately 47,829 total square feet (1.09 acres), and were dedicated by the plat of La-Hacienda (PB 15, PG 6), and the plat of Snow Hill (PB 21, PG 83). The abandonments represent the second installment of the City Initiated Alleyway Abandonment Project. This project is being carried out by the Planning & Zoning and Environmental Services Departments, under direction given by the City Commission. The Alleyway Abandonment Project identified alleyways (and sub- standard street rights-of-way) which are considered "non-essential", and subsequently recommended vacating each. Criteria for this analysis was based upon municipal water & sewer provision (existing & planned), and property access issues. Currently, all abandonment areas contained in this report are unimproved and are not utilized for primary access to any adjacent parcel. No municipal water or sewer mains are located within any of the five alleyways. Florida Power & Light, Adelphia Cable, and BellSouth have identified facilities in area 9-A, 9-B, 9-D, and 9-E. in order to accommodate these facilities, a general utility easement will be retained over these alleyways. Abandonment Area 9-C has no identified utilities located within its boundaries, and will not require a replacement utility easement. At its meeting of October 16, 2000, the Planning and Zoning Board considered the request at a public hearing. One person spoke in support of the abandonments in the La-Hacienda area. After reviewing the staff report, the Board voted on each abandonment area individually. Each vote was 6 to 0 to recommend approval (Lloyd Hassner absent), with the condition that a general utility easement is retained over all abandonment areas with the exception of Area 9-C. RECOMMENDED ACTION By motion, approve the abandonments of right-of-way and reserve a general utility easement over abandonment areas 9-A, 9-B, 9-D, and 9-E, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolutions (5) · P & Z Staff Report of October 16, 2000 S:~ P&Z~boards~citycommission~Phasef-CCDoc. doc RESOLUTION NO. 91-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE ENTIILE NORTH/SOUTH ALLEY RIGHT-OF-WAY LYING ~ITHIN BLOCK D, PLAT OF LA HACIENDA, LOCATED WITHIN THE NORTH FEDERAL HIGIdWAY AREA, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, pursuant to the Alleyway Abandonment Project, the City of DeNa3, Beach initiated the abandonment of the entre north/south alley right-of-way lying within Block D, Plat of La Hacienda, as more particularly described herein; and WHEREAS, the application for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on October 16, 2000, and voted 6 to 0 to recommend approval of the abandonment, based upon positive £mdings with respect to LDR Section 2.4.6(0)(5); and WHEREAS, the City Commsssion of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of DeLray Beach to vacate and abandon said alley right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(0)(5). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: ABANDONMENT AREA 9-C The entire sixteen foot (167 north/south alleyway located within Block D, Plat of La Hacienda, Plat Book 15, Page 6, as recorded in the Public Records of Palm Beach County, Flor/da; containing 0.114 acre, more or less. PASSED AND ADOPTED in regular ses~_n ..t .ht.'s ?~th ~a~ o f Novem~r, 2000. , MAYOR Al'lEST: < City Ciera] ' Y EAST~EW LAKE AVENUE N. LAKE AVENUE S. DENERY LANE PHASE ONE ALLEYWAY ABANDONMENT PROJECT ALLEYWAYS # 9-A, 9-B, 9-C, & 9-D REFERENCE MAP CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~'~_ PAUL DORLING, ACTING DIRECTOR OF I~I~.~I~I'I~IIIIG'~ID ~NING DANIEL MARFINO, SENIOR pLANNER~ /~--"/ MEETING OF NOVEMBER 7, 2000 *CONStENT A't~ENDA* ABANDONMENT OF FIVE ALLEYWAYS IN THE NORTH FEDERAL HIGHWAY AREA. I BACKGROUND I The request involves abandoning five alleyways, located in the North Federal Highway Area (please see Reference Map "A", in the attached staff report). The five abandonments contain approximately 47,829 total square feet (1.09 acres), and were dedicated by the plat of La-Hacienda (PB 15, PG 6), and the plat of Snow Hill (PB 21, PG 83). The abandonments represent the second installment of the City Initiated Alleyway Abandonment Project. This project is being carried out by the Planning & Zoning and Environmental Services Departments, under direction given by the City Commission. The Alleyway Abandonment Project identified alleyways (and sub- standard street rights-of-way) which are considered "non-essential", and subsequently recommended vacating each. Criteria for this analysis was based upon municipal water & sewer provision (existing & planned), and property access issues. Currently, all abandonment areas contained in this report are unimproved and are not utilized for primary access to any adjacent parcel. No municipal water or sewer mains are located within any of the five alleyways. Florida Power & Light, Adelphia Cable, and BellSouth have identified facilities in area 9-A, 9-B, 9-D, and 9-E. In order to accommodate these facilities, a general utility easement will be retained over these alleyways. Abandonment Area 9-0 has no identified utilities located within its boundaries, and will not require a replacement utility easement. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of October 16, 2000, the Planning and Zoning Board considered the request at a public hearing. One person spoke in suppod of the abandonments in the La-Hacienda area. After reviewing the staff report, the Board voted on each abandonment area individually. Each vote was 6 to 0 to recommend approval (Lloyd Hassner absent), with the condition that a general utility easement is retained over all abandonment areas with the exception of Area 9-C. RECOMMENDED ACTION By motion, approve the abandonments of right-of-way and reserve a general utility easement over abandonment areas 9-A, 9-B, 9-D, and 9-E, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolutions (5) · P & Z Staff Report of October 16, 2000 S:[ P&Z~boards~citycommission~Phasel-CCDoc. doc RESOLUTION NO. 92-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THAT PORTION OF THE EAST/WEST ALLEY RIGHT-OF-WAY LYING ADJACENT TO THE NORTH LOT LINES OF LOTS 5 THROUGH 17, INCLUSIVE, BLOCK C, PLAT OF LA HACIENDA, LOCATED WITHIN THE NORTH FEDERAL HIGHWAY AREA, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRIVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, pursuant to the Alleyway Abandonment Project, the City of Delray Beach initiated the abandonment of that portion of the east/xvest alley right-of-way lying adjacent to the north lot lines of Lots 5 through 17, inclusive, Block C, Plat of La Hacienda, as more particularly described herein; and WHEREAS, the apphcation for abandonment of said alley right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a publ/c hearing on October 16, 2000, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Cormmssion of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the pubhc good and deems it to be in the best interest of the City of Delxay Beach to vacate and abandon said alley right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wizes, pipes, sewers, drainage facihties, or any other facilities used for various pubhc utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Comrmssion to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, more particularly described as follows: ABANDONMENT AR~A 9-D That portion of the eight foot (8') east/west alleyway located adjacent to the north lot lines of Lots 5 through 17 (inclusive), Block C, Plat of La Hacienda, Plat Book 15, Page 6, as recorded in the Public Records of Palm Beach CounU,, Florida; containing 0.119 acre, more or less. PASSED AND ADOPTED in regular session on this the 7th day of November, 2000. MAYOR A I'I£ST: City Clerk 2 Res. No. 92-00 EAST~EW LAKE AVENUE N. LAKE AVENUE S. DENERY LANE PHASE ONE ALLEYWAY ABANDONMENT PROJECT ALLEYWAYS # 9-A, 9-13, 9-C, & 9-D REFERENCE MAP ,IAii CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: PAUL DORLING, ACTING DIRECTOR OF~_~NNI~G,AND/Z(~NING FROM: DANIEL MARFINO, SENIOR PLANNER~ SUBJECT: MEETING OF NOVEMBER 7, 2000 *CON~NT A~ENDA* ABANDONMENT OF FIVE ALLE~AYS IN THE NORTH FEDERAL HIGHWAY AREA. I BACKGROUND I The request involves abandoning five alle~ays, located in the No~h Federal Highway Ama (please see Reference Map "A", in the a~ached staff repoR). The five abandonments contain approximately 47,829 total square feet (1.09 acres), and were dedicated by the plat of La-Hacienda (PB 15, PG 6), and the plat of Snow Hill (PB 21, PG 83). The abandonments represent the second installment of the City Initiated Alle~ay Abandonment Project. This project is being carried out by the Planning & Zoning and Environmental Se~ices DepaRments, under direction given by the City Commission. The A(le~ay Abandonment Project identified a~leyways (and sub- standard street rights-ohway) which are considered "non-essential", and subsequently recommended vacating each. Criteria for this analysis was based upon municipal water & sewer provision (existing & planned), and prope~y access issues. Currently, all abandonment areas contained in this mpoR are unimproved and am not utilized for prima~ access to any adjacent parcel. No municipal water or sewer mains are located within any of the five alle~ays. Florida Power & Light, AdelphJa Cable, and BellSouth have identified facilities in ama 9-A, 9-B, 9-D, and 9-E. In order to accommodate these facilities, a general utility easement will be retained over these alle~ays. Abandonment Area 9-C has no identified utilities located within its boundaries, and will not require a replacement utility easement. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of October 16, 2000, the Planning and Zoning Board considered the request at a public hearing. One person spoke in support of the abandonments in the La-Hacienda area. After reviewing the staff report, the Board voted on each abandonment area individually. Each vote was 6 to 0 to recommend approval (Lloyd Hassner absent), with the condition that a general utility easement is retained over all abandonment areas with the exception of Area 9-C. RECOMMENDED ACTION By motion, approve the abandonments of right-of-way and reserve a general utility easement over abandonment areas 9-A, 9-B, 9-D, and 9-E, based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolutions (5) · P & Z Staff Report of October 16, 2000 S:i P&Z~boards~citycornmission~Phase 1-CCDoc. doc RESOLUTION NO. 93-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEL1LAY BEACH, FLORIDA, VACATING AND ABANDONING THE ENTIRE AIJ,EY RIGHT-OF-WAY LYING WITHIN BLOCK A, PLAT OF SNOW HILL, LOCATED WITHIN THE NORTH FEDERAL HIGHWAY AREA, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT FOR PUBLIC AND PRiVATE UTILITIES OVER THE ENTIRE AREA THEREOF. WHEREAS, pursuant to the Alleyway Abandonment Project, the City of Delray Beach initiated the abandonment of the entire alley right-of-way lying within Block A, PLat of Snow Hill, as more particularly described herein; and WHEREAS, the apphcation for abandonment of said alley right-of-way xvas processed pursuant to Section 2.4.6(O), "Abandonment of Rights-of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)0)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a pubhc hearing on October 16, 2000, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Comrmssion of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said alley right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a urlirv easement over the entire area thereof, as more particularly described herein, for the purpose of emergenc~ access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Detray Beach City Commassion to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, more particularly described as follows: ABANDONMENT AREA 9-E The entire fifteen foot (15') alleyway located in Block A, Plat of Snow Hill, Plat Book 21, Page 83, as recorded in the Public Records of Palm Beach County, Florida; containing 0.414 acre, more or less. PASSED AND ADOPTED in regular session on this the 7~h day of November, 2000. MAYOR ATTEST: City Clerk - 2 - Res. No. 93-00 KOKOMO KEY 6 7 ALLEN AVE. 27 26 27 26 25 ROYAL PALM BLVD. EAST91EW AVE. PHASE ONE ALLEYVVAY ABANDONMENT PROJECT ALLEYWAY # 9-E REFERENCE MAP MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ~/"] - REGULAR MEETING OF NOVEMBER 7, 2000 RESOLUTION NO. 95-00 (STATEWIDE MUTUAL AID AGREEMENT) NOVEMBER 3, 2000 This is before the City Commission to approve Resolution No. 95-00 which authorizes the Mayor and City Clerk to execute the Statewide Mutual Aid Agreement for catastrophic disaster response and recoverT efforts. The CitT originally entered into the statewide agreement in 1995, recognizing that it is the best way to supplement emergency assistance to protect the health and safety of residents located within an Lmpacted area and is cost effective. The Division of Emergency Management has now revised the agreement to address certain issues that came up since its inception. The major changes are outlined in the attached memorandum from the Fire Chief. There is no direct fiscal impact to the Ciw in approving this agreement. If the City xvere to provide assistance to an impacted area, we would do so as agents of the State. As such, we would apply directly to the State for chsaster assistance reimbursement rather than to FEMA. Likewise, if we xvere to experience a disaster and request assistance from other jurisdictions, we would be able to recoup our costs through the State's funding reimbursement mechanism. The mutual aid agreement has been reviexved and approved as to form and legal sufficiency bv the City Attorney. Recommend approval of Resolution No. 95-00 and the Statexvide Mutual Aid Agreement. RefiAgrnemol 1 .Statewide Mutual Aid Agreement RESOLUTION NO. 95-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, .AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE STATEWIDE MUTUAL AID AGREEMENT. WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorizes the State and its political subdivisions to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance in the case of emergencies too extensive to be dealt with unassisted; and WHEREAS, Chapter 252, Florida Statutes, sets forth details concerning powers, duties, rights, privileges, and tmmunifies of political subdixdsions of the State rendering outside aid; and WHEREAS, the Florida Department of Community Affairs, Division of Emergency Management, has promulgated a revised Statexvide Mutual Aid Agreement; and WHEREAS, each political subdivision and/or independent special district of the State of Florida that becomes a signatory to the Statewide Mutual Aid Agreement is considered to be a participating party for purposes of the agreement; and WHEREAS, in response to an), request for mutual aid assistance from the requesting party, all participating parties shall render assistance to the extent personnel, equipment and resources are available. NOW, THEREFOtLE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELILhY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Mayor and the City Clerk are hereby authorized to execute the Statexvide Mutual Aid Agreement, a copy of which is attached hereto. PASSED AND ADOPTED in regular s~SS~on on this the 7th day of Nov~ember, 24)00. MAYOR ATI'EST: City Clerk DELRAY BEACH Ali,America City MEMORANDUM TO: FROM: DATE: SUBJECT: DAVID T. HARDEN, CITY MANAGER R.B. REHR, FIRE CHIEF OCTOBER 17, 2000 COMMISSION AGENDA - STATEWIDE MUTUAL AID AGREEMENT The State,vide Mutual Aid Agreement was recently revised to address some problems that were encountered since its inception in 1994. In the original agreement independent special districts were not included. The additional of the independent special districts to the Statewide Mutual Aid Agreement is a significant change that creates access to a broader array of resources. Some of the major differences in the new Statewide Mutual Aid Agreement are: · There is no modification to sign along with the new Agreement as before. · The new Agreement includes governmental entities of every description. · The new Agreement makes use of binding arbitration to settle billing disputes between parties. · No Participating Party may hire employees in violation of the employment restrictions in the Immigration and Nationality Act, as amended. Commission Agenda Statewide Mutual Aid Agreement October 17, 2000 Page -2- The new Statewide Mutual Aid Agreement also provides for the following: The execution of the new Agreement by any Participating Party, which is a signatory to the Statewide Mutual Aid Agreement of 1994, will terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that Agreement, bm such termination will not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. The Statewide Mutual Aid Agreement of the year 2000 will continue to be in effect for one (1) year from its date of execution by a Participating Party, and it will be automatically renewed one (1) year after its execution unless within sixty days before that date the Participating Party notifies the Department of Community Affairs in writing of its intent to withdraw from the Agreement. The execution of the new Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement will terminate the rights, interest, duties and responsibilities and obligations of that Participating Party under that Agreement, but such termination will not affect the liability of the Participating Party for the reimbursement of any cost due under that agreement, regardless of whether billed or unbilled. Unless superseded by the execution of this Agreement in accordance with Section A, Article XI, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. In order to become a party to the attached Statewide Mutual Aid Agreement, submission of the signed agreement must include the following: 1. A separate completed copy of Form A (Authorized Representatives Contact) for the City. 2. A Resolution or a copy of the Commission meeting minutes showing approval. 3. A Certificate of Insurance or other evidence of insurance coverage. The staff recommends approval of the new Statewide Mutual Aid Agreement. RBR/tw Fire Chief STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 'Dedicated to making Florida a bette~ place to call home' STEVEN M. SEIBERT JEB BUSH S~creta~' Go,~o, September 13, 2000 MEMORANDUM 4 TO: FROM: All PoliticalSubdivisions Josel~raF Myers, Direct?~ D~visionofEmergencyManagement SUBJECT: ExeEution of the New Statewide Mutual Aid Agreement, dated July 31, 2000 When disasters strike, the initial resources to protect the health and safety of our citizens will come from local efforts including Municipal and County resources. However, if the response and/or the recovery efforts are beyond the capability of local resources, requests for assistance will be made to the'State. If the disaster exceeds the State's ability to support local governments, the State may request additional assistance through the Emergency Management Assistance Compact or from Federal assistance to supplement the State's efforts. A proven method to augment emergency resources in a cost effective and timesaving manner is through the implementation of mutual aid agreements. Over the past six years, the Division of Emergency Management has become a strong proponent of participation in the Statewide Mutual Aid Agreement. Currently, we recognize the process can be further str~'ri~ahened with the inclusion of independent special districts. Mutual aid agreements are encouraged to maximize and coordinate the use of available resources within the State and to ensure faster reimbursements. UtilizL:g mutual aid agreements, regardless of the funding sources, is the best way to supplement emergency assistance to protec~t- the health and safety of the residents located within the impacted area and is cost effectiv& The Statewide Mutual Aid Agreement was revised due to lessons learned from problems which arose since its inception in 1994. The Di--'_:[on of Emergency Management has replaced the previous Statewide Mutual Aid Agreement, dated April 27, 1994 and superseded the Public Works Mutual Aid Agreement due to a minimum scope of activity and public works being included in the new Storewide Mutual A;:I Agreement, dated July 31, 2000. The April 27, 1994, document will remain in effect to give local and regional governmental entities time to sign the new Agreement b3/Juni~ 30, 2001. 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 All Political Subdivisions September 13, 2000 Page Two Despite the omission of independent special districts from the original agreement, many districts have responded to reqx~sts during past disasters. Adding independent special districts as a party to the Statewide Mutual Aid Agreement is a significant substantive change from the original agreement and creates access to a broader array ofres0urees. The Division of Emergency Management requests all Counties, Municipalities, Community College Districts, School Districts and Independent Special Districts to sign the new S~tew/de Mutual Aid Agreement, acknowledging the acceptance of the new terms and parties. With the addition of the 900 plus Independent Special Districts, i.e., (Community College Districts, School Districts, Soll and [Fater Conservation Districts, Reedy Creek Improvement District, Special Fire Control Districts, Fire and Rescue Districts, Mostluito Control DistFicts~ }Yater Management Districts, }grater and Sewer Districts, }Faier Control Districts, Navigation Districts, Drainage Districts, Educational Districts, Port Districts), to the Statewide Mutual Aid Agreement, Florida will expand its resources and address all public entities needing assistance. Some of the major differences in the new Statewide Mutual Aid Agreement are: · There is no modification to sign along with the new Agreement as before. · The new Agreement includes gfvemmental entities of every description. The new Agreement makes use of binding arbilxation to settle billing disputes between parties. No Participating Party may hire employees in violation of the employment restrictions in the Immigration and Nationality Act, as amended. The new Statewide Mutual Aid Agreement also provides for the followine: The execution of the new Agreement by any Participating Pan'y, which is a signatory to the Statewide Mutual Aid Agreement of 1994, will terminate the -~ rights, interests, duties, responsibilifie~ and obligations of that Participating Party under that Agreement, but such termination will not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. The Statewide Mutual Aid Agreement of the year 2000 will continue to be in effect for one year from its date of execution by a ParticiFating Party, and it will be automatically renewed one year after its execution unless wiffan sixty days before that date the Participating Party notifies the Department of Community Affairs in writing of its intent to withdraw from the Agreement. · All Political Subdivisions September 13, 2000 Page Three The execution of the new Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement will terminate the rights, interest, duties and responsibilities and obligations of that Participating Party under that Agreement, but such termination will not affect the liability of the Participating Party for the reimbursement of any cost due under ~at agreement, regardless of whether billed or unbilled. ~ Unless superseded by the execution of this Agreement in accordance with Section A, Article XI, the Statewide Mutual Aid Agreement of 1994 shall t~rminate and cease to have legal.~.dstene~ after June-30, 2001. In order to become a party to the attached Statewide Mutual Aid Agreement, submission of your signed agreement must include the following: A separate completed copy of Form A (Authorized Representatives Contact) for the county, municipalities, and all independent special districts. A Resolution or a copy of meeting minutes from each governing board showing governing board approval. A Certificate of Insurance or other evidence of insurance coverage for each county, municipalities, and/or independent special districts. Thank you for your immediate response to this very important document. Should you have questions regarding the aforementioned, please call Ms. Janice L. Jones, Planner at (850) 413-9974 or Mr. Alfred O. Bragg, Assistant General Counsel at (850) 922-1676. JFM:jj Attachments July 31, 2000 STATEWIDE lvllflTJ~ AID AGREEMENT This Agreement between the DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida (the "Department"), and all the local governments signing this Agreement (the "Participating Par- ties") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as mended, gives the local governments oft_he State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency Management (the "Division"), has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. July 31, 2000 F. The existence in the Slate of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Depa~h~ent and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Depaxtment" is the Depaxtment of Community Affairs, Slate of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance lis a disaster to a Requesting Party. 2 July 31, 2000 G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity wl~ch is an in- dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interloeal agreement. L. An "educational district" is any School District within the meaning of§ 230.0!, July 3 I, 20O0 Fla. Stat. (1999), or any Community College District within the meaning of § 240.313 (1), Fla. Stat. (1999). M.. An "interloeal agreement" is any agreement between local governments within the meaning of § 163.01 (3)(a), Fla. Stat. (1999). N. A "local government" is any educational district and any entity that is a "local governmental entity" within the meaning of § 11.45(1)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event ora disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it fi.om any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement ma~, be oral, bat within five (5) days must be confirmed in writing by the Director of Emergency Management for the County 4 Suly 3 I, 2OOO of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party U'ansmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request t,o such other Participating Parties as it may deem ap- propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the con~'a'ary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 5 Jt0y 31,200,0 accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requestinl~ Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrasmaeture for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; July 3 l, 2000 G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any commurtications or teleeommnnications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for assistance under this Agreement determines that it has fine capacity to render some or all of such assistance, it shall provide the following information to fine Requesting Party and shall transmit it without delay to the Requesting Party and fine Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of fine qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 July 31, 2000 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall 8 July 3 I, 2000 be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Persormel ofthe Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- spousibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by. an Assisting Party in responding to a request that the 1~ :partment initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 9 July 31,2000 B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Pa_ny, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Pm~,y :feets binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 10 July 31, 2000 other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an~rbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconferenee with2 in thirty (3 0) days to consider any documents and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Depaxhnent, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting ?arty shall repay such costs to the Depathnent, but the Department may waive such repay- ment for cause. July 31, 2000 ARTICLE VIII. Costs Etieible for Reimbursement. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, fights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 July 3 I, 2000 Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Pan'y under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be reVamed to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Path' may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and ail used consumable supplies with like supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. 13 July 31, 2000 D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present.information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Depaxunent and the Re- questing Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays other than official holidays. ARTICLE IX. Insurance. Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this A~ticle, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its eni- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 July 31, 2000 C. Any Participating Party that is self-insured with respect to any line or lines of in- surance shall file with the Division copies of all resolutions in current effect reflecting its determination to act as a se!f-insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be consmaed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting 15 July 31, 2000 Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bilL~ for reimbursement under this Agreement fi.om State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399- 2100. Any eommt'nieation to any other Participating party shall be sent to the official or officials specified by that Participating pa?ty on Form A attached to this Agreement. For the 16 July 31,2000 purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. 17 July 31, 2000 D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Pa.ny, and it shall be automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in writing of its intent to withdraw from the Agreement. F. The Department shall n'ansmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Department, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- ment may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Internretation and Application of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this lg .~uly 31, 2000 Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enfomeable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. July 31, 2000 IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Date: Director ATTEST: CLERK OF THE CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS OF COUNTY STATE OF FLORIDA By: By: Deputy Clerk Chairman Date: Approved as to Form: By: County Attorney 20 July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director Date: ATTEST: CITY CLERK By: Title: CITY OF STATE OF FLORIDA By: Title: Date: Approved as to Form: By: City Attorney 21 July 31, 2000 DIVISION OF EMERGENCY IVlANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director DISTRICT, STATE OF FLORIDA By: Title: Date: By: Title: Date: Approved as to Form: By: Attorney for District 22 Name of Government: Mailing Address: July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT FORM A City, State, Zip: Authorized Representatives to Contact for Emergency Assistance: Primary Representative $flllle: Title: Address: Day Phone: Telecopier: First Alternate Representative Name: Night Phone: InterNet: Title: Address: Day Phone: Telecopier: Second Alternate Representative Name: Night Phone: InterNet: Title: Address: Day Phone: Night Phone: Telecopier: InterNet: PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR Return to:Deparmaent of Community Affairs-Division of Emergency Management 2555 Shumard Oak Boulevard - Tailahassee, Flor/da 32399-2100 23 Date: July 3t, 2000 STATEWIDE MUTUAL AID AGRF. I~MENT Form B Name of Requesting Party: Contact Official for Requesting Party: Name: Telephone: lnterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: 24 July 31, 2000 STATEWIDE MUTUAL AID AGREF. MENT Form B 4. Types of Resources Needed: 5. Description of Infrastructure: 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 .~uly 31, 2009 STATEWIDE MUTUAL AID AGREEMENT Form B 8. Time, Place and Date to Deliver Resources: 9. Names of Supervisors for Requesting Party: 26 July 31, 2000 STATEWIDE MUTUAL AID AGP~EMENT Form C Date: Name of Assisting Party: Contact Official for Assisting Party: Name: Telephone: InterNet: 1. Description of Resources: 2. Estimated Time Resources Available: 27 July 31, 2000 STATEWIDE MUTUAL AID AGREEMEN ~ Form C 3. Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: 28 [lTV OF DELRI1Y BEI1[H CITY ATTORNEY'S OFFICE DELRAY BEACH 200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 AII.Jbnedca City 1993 DATE: November 2, 2000 TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Amendment to the Agreement Between the City and its Medical Director The City entered into an Agreement with Dr. Wolff on November 9, 1995, where Dr. Wolff would act as the Medical Director for the City for emergency medical services. All employees of the City who are Emergency Medical Technicians (EMT's) or Paramedics work under the medical license of Dr. Wolff. Dr. Wolff supervises and accepts responsibility for the medical performance of the EMT's and Paramedics. Due to the increase in number of EMT's and Paramedics since 1995, Dr. Wolff's compensation was increased from $2,000.00 per month to $2,166.66 per month in October of 1999 to compensate him for the increased responsibility and liability. This Second Amendment to the original Agreement will formalize the increase in compensation to Dr. Wolff. By copy of this memo to David Harden, City Manager, our Office is requesting that this item be placed on the November 7, 2000 City Commission agenda for approval. Please call if you have any questions. Attachment CC: David Harden, City Manager Alison MacGregor Harry, City Clerk Chief Rehr SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND THE MEDICAL DIRECTOR DATED 11/9/95 THIS SECOND AMENDMENT is made and entered into this __ day of November, 2000, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation located in Palm Beach County ("City") and RANDALL L. WOLFF, M.D., a Florida licensed physician ("Medical Director"). WITNESSETH: WHEREAS, the City and the Medical Director entered into an Agreement November 9, 1995 for the provision of Emergency Medical Services and administrative purposes and functions to the City; and WHEREAS, the City and the Medical Director have amended the Agreement on September 10, 1997 to extend the term of the Agreement; and WHEREAS, City emergency medical technicians (EMT's) and paramedics work under the supervision of the Medical Director; and WHEREAS, the Medical Director's responsibility and liability has increased since the inception of the contract as a result of the increase in the number of EMT's and paramedics; and WHEREAS, the City increased the payment to the Medical Director in October, 1999 as a result of the increased responsibility and liability; and WHEREAS, the City and Medical Director desire to amend the Agreement to formalize the increase in payment to the Medical Director. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the City and the Medical Director agree as follows: 1. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. That Paragraph 9 of the 1995 Agreement is hereby amended to increase the monthly payment to the Medical Director from Two Thousand Dollars ($2,000.00) per month to Two Thousand One Hundred Sixty-Six Dollars and 66/100 ($2,166.66) per month, for each calendar month during the term of this Agreement. 3. That all other terms and conditions of the Agreement dated November 9, 1995, remain in full force and effect as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement on the date written above. ATTEST: By:. City Clerk Approved as to Legal Form and Sufficiency: By:. City Attorney WITNESSES: Print Name: CITY OF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor MEDICAL DIRECTOR By:. Randall L. Wolff, M.D. Print Name: ~30/'1"~/00 THU 12:44 F.4.~ 561 243 3774 CITY CLERK ~002 AGREEMENT THIS AGREEMENT made and entered into as of the date last written below, by and between the City of Delray Beach, a Florida municipality, located in Palm Beach County (hereinafter, referred to as "CITY") and Randall L. Wolff, M.D., a Florida licensed physician (hereinafter referred to as "MEDICAL DIRECTOR"), WHEREAS, the City desires to employ a MEDICAL DIRECTOR for the Emergency Medical Services provided by the Fire and Emergency Medical Services Department, the Parks and Recreation Department, and for other administrative purposes and functions; and, WHEREAS, the MEDICAL DIRECTOR desires to be employed by the CITY as an independent contractor to supervise and accept responsibility for the medical performance of Emergency Medical Technicians (EMT's) and Paramedics functioning for the Emergency Medical Services system of the Fire and Emergency Medical Services Department of the CITY, under the provisions of Chapter 401, Florida Statutes; and Emergency Medical Technicians functioning for the Parks and Recreation Department. NOW THEREFORE, in consideration of the mutual promises and benefits as set forth herein, the CITY and the M~DICAL DIRECTOR agree as follows: 1. The MEDICAL DIRECTOR agrees to both directly and indirectly supervise and accept responsibility for the medical performance of Emergency Medical Technicians and Paramedics functioning for the Emergency Medical Services System of the CITY. Such supervision shall be accomplished by, though not limited to: ~ a. Direct observation' of Paramedics and Emergency ~. Medical Technicians on rescue calls and at emergency scenes; b. Monitoring of radio transmissions to emergency facilities; c. Review of rescue incident reports, and the administration of a local quality assurance review process; and d. Conferences and/or meetings in both individual and group situations. 10/[9/00 THU 12:44 FA.[ 561 243 3774 CITY CLERK ~003 Medical Director Agreement Page 2 These duties will be performed, by the MEDICAL DIRECTOR at his/her convenience as often as is necessary to insure that proper medical standards and procedures are being followe~. The MEDICAL DIRECTOR shall provide the Fire Chief written ~us~terly reports regarding efficiency and effectiveness and general performance of the Emergency Medical Services System. Said reports shall be due in the Office of the Fire Chief on January 15th, April 15th, July 15th and October 15th respectively. 2. The MEDICAL DIRECTOR shall be responsible directly to the Fire Chief of the CITY and to the Director of Parks and Recreation with reference to EMT's in that department; provided, however, that nothing herein shall in any way authorize any limitation or restrictions by the CITY on the professional acts and advice of the MEDICAL DIRECTOR. It is recognized that the MEDICAL DIRECTOR is otherwise employed as a physician, and nothing herein shall limit or otherwise restrict the MEDICAL DIRECTOR,S right to continue such employment and practice, consistent with this agreement. 3. The MEDICAL DIRECTOR shall perform all services required of him pursuant to Chapter 401, Florida Statutes, and applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed by said MEDICAL DIRECTOR, or upon notice from the CITY that such additional duties have been established by the Florida Department of Health and Rehabilitative Services. The MEDICAL DIRECTOR may, subject to the approval by the Fire Chief, utilize the services of a Physician's Assistant to provide certain adjunct services and support functions related to the duties of MEDICAL DIRECTOR. 4. The MEDICAL DIRECTOR shall be directly responsible for the medical performance of Emergency Medical Technicians and Paramedics functioning for the CITY and shall have full authority to direct and supervise their medical activities. The MEDICAL DIRECTOR shall give necessary instructions to and interview and consult with EMT's and Paramedics and supervise and arrange such in-service instructional sessions, or promulgate such rules and directives as may be necessary to assure that all medical services performed by EMT's and Paramedics are in accordance with proper medical standards and procedures. In addition, the MEDICAL DIRECTOR shall participate in Paramedic staff meetings at a time and date mutually agreeable with the MEDICAL DIRECTOR ~nd the Fire and Emergency Medical Services Department; provide sufficient lecture and other materials to insure that quality pre-hospital emergency medical services are provided by the City's Paramedics and EMT's; review and comment on content and emphasis on all elements of in-service training and testing procedures; and shall initiate a review of all medical protocols, and the Memorandum of Understanding pertaining to medical treatment between the Fire and Parks and Recreation Departments 10/'19/00 THU 12:45 FAX 561 243 3774 CITY CLERK ~004 ~'- ~.' Medical Director Agreement Page 3 at least every six months to determine their applicability and appropriateness with respect to the then acceptable emergency procedures. Recommended revisions of said protocols shall be furnished to ~he Fire Chief, a~d where applicable to the Director of Parks and Recreation, for implementation. 5. The MEDICAL DIRECTOR will: a. Assure the continuous availability of at least one responsible physician, to be designated as an Assistant Medical Director while performing the duties required of the Medical Director, and determine the qualifications necessary for said physician to provide responsible supervision of the Paramedics and EMT's. In addition, the MEDICAL DIRECTOR will notify the Delray Beach Fire and Emergency Medical Services Department and the Parks and Recreation Department whenever he/she will be unavailable for whatever reason, and will attempt to provide 24 hour prior notification of such unavailability except under emergency circumstances. Such notification shall be given to the Office of the Assistant Fire Chief - Operations, and the Supervisor of the Beach Patrol. b. Provide liaison services as required and requested between the Fire and Emergency Medical Services Department of the CITY and/or the Parks and Recreation Department of the CITY, and other departments, divisions, boards and bodies of the CITY, the County or the State as well as educational, other governmental~ or medical agencies or institutions relating to the provision of Emergency Medical Services. c. Retain the ultimate authority to permit or deny any Paramedic or EMT the utilization of advanced life support techniques, basic life support, patient assessment, or patient stabilization procedures. d. Upon request, the MEDICAL DIRECTOR shall advise the Fire Chief and/or the Director of Parks and Recreation on disciplinary recommendations related to medical care. e. Upon request, participate in the design and structure of selection procedures for entry level personnel. f. Upon request, consult with the Fire Chief regarding promotional testing-criteria for incumbent personnel. 9- Upon request, advise the department on an appropriate manner by which to address incidents in which an employee of the Fire and Emergency Services Department or '~he Parks and Recreation Department, has been, or may have been, exposed to infectious diseases or hazardous materials. 10/19/00 THU 12:45 FAX 561 243 3774 CITY CLERK ~005 Medical Director Agreement Page 4 h. Upon reques=, maintain data regarding the status of the aforementioned employees who have been, or may have been, exposed to infectious diseases or hazardous materials. i. Meet regularly with the Fire Chief and discuss quality assurance standard's and outcomes with the Provisions of applicable administrative regulations. to review consistent rules and j. Serve as the Fire .Department's Physician for the purpose of providing advice, recommendations and consultation to the Fire Chief in matters pertaining to occupational safety and health issues. 6. The CITY agrees to perform and accept following duties and responsibilities: the a. The CITY shall meet all applicable standards and reql/irements of the State of Florida for certification as an advanced llfe support provider, and shall remain so certified by the State. The CITY shall further insure that its employees, where applicable, become and remain certified as appropriate under the laws of the State of Florida. · b. The CITY agrees to participate and agrees to cause its employees to participate in all applicable county, regional, state, or national emergency medical system programs required by law. c. The CITY shall insure that Paramedics, and Emergency Medical Technicians participate in educational programs and activities deemed necessary by the CITY. 7. Because the MEDICAL DIRECTOR may be subjecting himself to the risk of certain liabilities by entering into this agreement, the CITY will obtain and pay the annual premium on a medical malpractice insurance policy insuring the MEDICAL DIRECTOR against liability arising out of negligent acts or omissions of the MEDICAL DIRECTOR in the performance of his duties as MEDICAL DIRECTOR during the term of this Agreement. If this insurance policy provides coverage on a "claims made" basis, the CITY shall continue to provide and pay the premium on this policy for a coverage period ending not less than four (4) years following termination of employment of the MEDICAL DIRECTOR. The provisions of this paragraph shall survive termination of this Agreement, regardless of whether termination is by the MEDICAL DIRECTOR or by the CITY, or by expiration of the term of this Agreement, until four (4) years after termination. Nothing in this Agreement shall be construed as expanding the liability of the MEDICAL- DIRECTOR beyond that provided for in the laws of the State of Florida and such valid regulations as may be promulgated thereunder. 10/19/00 THU 12:46 FAX 561 243 3774 CITY CLERK [~006 Medical Director A~reement Pa~e 5 8. The MEDICAL DIRECTOR shall also be covered by the CITY for administrative acts or decisions under the CITY'S master errors and omissions policy. ~ "' 9. The MEDICAL DIRECTOR shall be paid the sum of Two Thousand Dollars ($2,000.00) per month, for each calendar month during the term of this Agreement; provide~,' that if the annual budget as adopted by the City Commission of Delray Beach for any fiscal year of the CITY fails to provide sufficient funds to pay the MEDICAL DIRECTOR as provided herein, this Agreement shall be deemed terminated immediately upon the adoption of the budge%, without further notice or action by either party, payment by the CITY shall be to whomever the MEDICAL DIRECTOR designates in writing. A_ll persons employed by the CITY who are subject to the medical supervision of the M~DICA~ DIRECTOR, to include without limitation Emergency Medical Technicians and Paramedics, shall not be' considered or construed to be employees of the MEDICAL DIRECTOR, but rather are and shall be considered and construed to be solely the employees of the CITY. The CITY shall pay all wages, worker's compensation, unemployment, and social security taxes applicable thereto. 10. For the administrative purposes of this A~reement, the MEDICAL DIRECTOR shall be directly responsible to the Chief of the Fire .and Emergency Medical Services Department Of the CITY. The Pire and Emergency Medical Services Department will provide administrative and secretarial support to the MEDICAL DIRECTOR through the Office of the Fire Chief. 11. The Fire and Emergency Medical Services Department, through the office of the Fire Chief, and the Parks and Recreation Department through the office of the Director of Parks and Recreation shall cooperate to the greatest possible extent in the delivery of competent emergency medical care, and shall make every effort to comply with all directives and procedures of the MEDICAL DIRECTOR relating to the quality and quantity of care rendered by the emergency medical system and shall also make every effort to see that its employees comply with the directives, policies and procedures established by the MEDICAL DIRECTOR. 12. The MEDICAL DIRECTOR shall be a Florida State licensed physician who is also: a- ACLS (Advanced Cardiac Life Support) provider with inetructor cerfification, and is an ACLS affiliate f~¢ulty member of the Ameriean Heart Association; or ].0/19/00 THU ]_2:46 FAX ~61 243 3774 Medical Director Agreement CITY CLERK Page 6 ~007 b. A Board-Certified Emergency Physician, or who bas been previously employed or is currently employed as an Emergency Department Physician; and c. Maintains official privileges and affiliation with one or more of the following medical facilities: Bethesda Memorial Hospital, D~ray Community ~ospital, Boca Raton Community Hospital, or John F. Kennedy ~ospital. 13. A current copy of all required licenses, privileges and certifications shall be furnished to the Office of the Fire Chief at the time of execution of this agreement. 14. The term of this Agreement shall be from the date herein through September 30, 1996, with automatic one year renewal, unless this agreement is terminated by either the CITY or the MEDICAL DIRECTOR upon not less than thirty (30) days written notice to the other party. This Agreement may be amended from time to time, but only in writing in a form similar to this Agreement. on the - day of , 19 q$ , in the City of Delray Beach, Florida. ~ AT~E S_T: City' Clerk ' WI TlXrES SES: CITY OF DELRAY BEACH, FLORIDA MEDICAL DIRECTOR Approved as to form and legal sufficiency RA~ALL L. WOLFF, M~. · 10719/00 THU 12:46 FAX 561 243 3774 Medical Director Agreement CITY CLERK [~008 Page 7 State of COunty of ,Florida Palm Beach The foregoing instrument was acknowledged before me thi~ Slst day of October , 1995, by Randall L. Wolff who is personally known to me~xxXXXXXXXXX State o-f Florida ~ Tamm¥ A. Wheatley Print, Type of Stamp Name of Notary Public 10]19/00 THU 12:47 FAX 561 243 3774 CITY CLEILK ~]009 AMENDED AGREEMENT THIS AGREEMENT is made and entered into this/Of'~ day of ~__ 1997 by and between the City of Delray Beach, a Florida municipality, located in Palm Beach County (~City") and Randall L. Wolff, M.D., a Florida-licensed physician ("Medical DLrector"). WITNESSETH WHEREAS, the City and the Medical Director entered into an Agreement November 9, 1995 for the provision of Emergency Medical Services to the City; and, WHEREAS, the City desire~ to extend the 1995 A~eement; and, WHEREAS, the Medical Director also agrees to extend the Agreement. NOW, THEREFORE, ia consideration of the mutual covenants set forth herein, the City and the Medical Director agree as follows: he rein. o The recitation~ set forth above are hereby incorporated as if fully set forth That paragraph 14 of the 1995 Agreement is deleted and a new Paragraph 14 is hereby substituted to read as follows: The term of this Agreement shall extend to September 30, 1998, with automatic one year renewals, unless this Agreement is terminated by either party upon not less than thirty (30)days writmn no,ice to the other proxy. This Agreement may be amended from time to time, but only in writing in a form similar to this Agreement.' 3. That all other terms and conditions of the Agreement dated November 9, 1995, remain in full force and effect as if fully set forth herein. .tU;li*/uu Iai2 ll:47 FAX 561 243 3774 CITY CLERK ~ 010 IN WITNESSWHEP,.EOF, the partics hav¢ executed thisAgreeme:utonthcdate wd~en above. MEDICAL DIRECTOR Randall L. Wolff, M.D. CITY DF DELRrI¥ BEI:IgH CITY ATTORNEY'S OFFICE DELRAY BEACH Ail.America City 1993 TO: 200 NW 1st AVENUE · DELRAY BEACIt, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM October 31, 2000 David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Consulting Agreement with Langton Associates (Langton) for Grant Writing Services The agreement between the City and Langton is attached. Please place it on the City Commission agenda for November 7, 2000. The agreement provides for the payment of $62,500 in equal installments over a 12-month period. The agreement may be terminated without cause upon giving 30 days notice. If terminated, the City is only responsible to pay up to the termination date. Langton will not charge for travel expenses from Jacksonville to the City. The City can direct that other travel expenses be preapproved by the City. Please place this agreement on the November 7, 2000 City Commission agenda. Attachment cc: Alison MacGregor Harty, City Clerk ~RoM : LANGTON ~SSOCIATES PHONE NO. : 984 38? 3364 Oct. 31 2888 ll:22AM P2 CONSULTING AGREEMENT This consulting agreement made on this day of October, by and between Langton Associates. Inc., hereinafter referred to as "LangtOn", and City of Delray Beach, hereinafter referred to as "Client" under the following terms and conditions: RECITALS 1. Langton agrees to provide professional consulting services to Client for the term of ! 2 months, commencing November 1 2000, and ending October 31, 2001. Laa~gtOn agrees to exercise its best efforts to obtain governmental grants and benefits for client. It is understood, however, that Langton cannot guarantee results that may certain amount of funds will be obtained for Client. 2. Pursuant to this agreement Langton agrees to provide specific services as lbllows: B. C. D. E. F. Strategic Grants Plan based on a comprehensive needs assessment; Strategic Grants Plan Workshop before the City Council; Determination of funding sources that meet the Client's needs and their availability; Preparation and submission of all grant applications; Technical Assistance on all grants to all departments; and Intergovernmental Relations with Federal and State Governments. 3. In exchange for Langton performing these services as established herein and devoting agency time, Client agrees to pay Laa~gton the sum of $62,$00 to be paid in twelve (12) equal iustallments of $5,208.33 per month. Client agrees flint payment herein shall be made monthly by the 10th day of the following month after the invoice rendered by Langton. 4. Langton agrees to devote the necessary time and performance of duties for Client, and shall report to the City or its designee on all matters concerning this agreement and the discharge of its scope of services. Inasmuch as the professional services rendered are of a subjective nature subject to differences of opinion, mutual confidence and respect are necessary. Accordingly, this contract can be terminated by either party without cause upon giving ora thirty (30) day notice as follows: As to Langton: 4244 St. Johns Avenue Jacksonville, Florida 32210 As to City ofDelray Beach: David Harden City Manager 100N.W. 1* Avenue DelrayBeach, Florida 33444-2698 10/31/00 TUE 11:05 [TX/RX NO 74901 FROM : LA~GTON ~SSOCIATES PHONE NO. : 904 ~B? G364 Oct. 31 2000 ii:23AM PS In the event of a contxact termination, Client's responsible to pay Langton fees and expenses will be limited to the period up to the termination date. All work products prepared by Langton in behalf of the Client will be determined to be Client propet~y. 5. Client agrees to pay alt the expenses of Langton in conjunction w/th his services directly relating to Client. This shall include, but not be limited to, travel expenses (other than between Jacksonville and Client). wlfich shall be air expense on coach flights, car rental, hotel (at commercial rates), and food (maximum of $25.00 per day). Lmlgton will submit the invoice fbr these expenses which shall be paid together with the salary by the next month. If desired, Client can require a prior approval for travel expenses to be incurred by Langton. If Client so desires, such request shall be made in writing separate t¥om this agreement. The notice shall require Langton to notify Client fifteen (15) days in advance of necessary t~avel expenses, unless said time is waived in a particular case. 6. Extension of Agreement. This Agreement may be extended on all Optional basis at thc end of the term for two (2), one (1) year periods upon mutual agreement of the parties. WHERETO, the parties have set their hands and seal effective this day of October 2000. ATTEST: LANGTON ASSOCIATES, INC, By: Michael Langton, President ATTEST: CITY OF DELRAY BEACH By:. David Harden, City Manager Approved as to Form: DATE: lO/al/OO TUE 11:05 [TX/RX NO 74901 CITY OF DELRFIV BErlr'H CITY ATTORNEY'S OFFICE Ail.America City 1993 DATE: TO: FROM: SUBJECT: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 56!/243-7090. FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243~7090 November 1, 2000 City Commission David T. Harden, City Manager J;Jn~J 2alomblsil; Ad~inlt ac ~t;i/k~ )ft°l iton w 16, Block 69 18' of Lot 17 and all of Lot The City is a third party beneficiary to a lease which provides off site parking spaces to the Mariposa Retirement Home (the Lessee) located at 48 SE 1" Avenue. The Lessor seeks to sell the property that is the subject of the lease to a prospective purchaser. The lease provides that the property may not be sold if the parking spaces continue to be required by Mariposa. However, if the prospective purchaser assumes the lease, then the property may be transferred and the lease will continue to allow Mariposa to comply with the City's parking regulations (i.e. nothing will change except the Lessor will be a different party). In order for this transaction to occur, the City Commission must simply consent to the assignment and the prospective purchaser's assumption of the lease that would allow the property to freely transfer ownership while still allowing Mariposa use of the parking spaces under the lease. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the November 7, 2000 City Commission meeting. Please do not hesitate to contact me if you should have any questions. CC: Alison MacGegor Harty, City Clerk Paul Dorling, Acting Planning Director CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a third-party beneficiary under that certain agreement dated June 15, 1984 and originally between LENA O'NEAL and L. STANLEY PENNY ("Lessors") and LEILA F. FLETCHER and JANE H. KUCERA ("Lessees"), and as assigned by Lessees to JOLLY CHERIAN and SUSY JOHNSON, and as assigned by the Lessors to L. STANLEY PENNY and JO NELL PENNY, does hereby give consent to the assignment of the above-stated lease from the current Lessors to A. HOPKINS KENNEMER, IR., and A. HOPKINS KENNEMER JR. 's assumption of all portions of the above-stated lease, subject to the lease remaining in effect as per its provisions. of IN WITNESS WHEREOF, the undersigned has signed this instrument on this ., 2000. day ATTEST: By:. City Clerk CITY OF DELRAY BEACH, FLORIDA Approve as By:: legal form and Iorney MAYOR Z S~W. 1ST ST EN U E S.E. 1ST ST CITY Of DELRAY BEACH, FL PLANNING & ZONING OEPAR~t,4ENT PARKING LEASE (WEST 18' OF LOT 17, AND ALL OF LOT 16) MapQuest: Map Search Result Page 1 of 2 ten 1: Plan vacation. Home I Help. J Il' ~ I' ~j DR~fING DIRECt'iONS ii '"~FIC "i~ ~LLOW & WHITE PAGES ~ TRA~L GUlDEn,S--C'~ GUIDE Map Options · Directigns Tp This Location · Directions ~From This Location · Get_p Ne~w M~ap Advanced Options: · Customize M_ap · Ad~d ~.ocati_on~s Sponsors Save Money Map Search Result .ELP ? 48 SE 1ST AVE, DELRAY BEACH, FL, 33444-3606, US Sa.v_e th_is Addre~s.s Im~.~,~,~ ~1 ~.~.,:,~.,~,,.~I ~~ - Traffic R Live · W_ps~t Pal Traffic St Yellow Page Search DEL BEACH for City Guide ~ ~ digital · SouthFIo · SouthFIo · Sou.thFIo EnterjLainrnp Places of Interest HELP Click checkboxes below to show / remove locations on the map. [] Attractions [] Dining [] Education [] Lodging [] Money [] Recreation (Landmarks, National Parks, Museums, Mo_r_ .~.. ) (Fast Food, Fine Dining, Mexican, Italian, More~_) (K-12, Universities, More.., ) (Hotels, Motels, Bed & Breakfasts, ~.0re... ) (Banks, ATMs, iVkore.~ ) (Golf Courses, Ski Areas, Stables, Mo_re::_ ) [] Transportation (Airports, Train Stations, Bus Stations, More... ) Sponsored Links F~'~Shopu:om] Get Free Stu~ of Freeshop.com ~ Local~ national & online cou~on~ --.:rg9f7xh4r&SNVData=3mad3-96,hr%3ba0qy7g%3d%3dy2uzan%24tw2%28%3arg%2b% 111/02/2000 LEASE THIS AGREEMENT entered into this 1984, between LENA O'NEA~ and called Lessors, and LEILA hereinafter called Lessees. WITNESSETH: WHEREAS, the parties hereto have have /~'~day of June, L. STANLEY PENNY, hereinafter FLETCHER and JANE E. KUCERA, contracted for the sale and purchase of the south 75 feet of Lots 16 through 18, inclusive, Blocks 69, City of Delray Beach, Florida; and WHEREAS, the purchasers, who are the Lessees under this Lease, have plans for a congregate living facility and the above described property has an insufficient number of spaces for this use of that property, and it is the desire of all parties that a lease of a portion of the property to the south should be made with a provision that will prohibit the aliena- tion of said parcel, except in conju~ction with the transfer of sale Of the building which the parking lot is intended to serve for so long as the facilities are are required; NOW, THEREFORE, the parties agree as follows= 1. Lessors do this day lease unto the Lessees, and said Lessees do hereby lease the fdllowlng described property: The West 18 feet of Lot 17 and all of Lot 16, Block 69, City of Delray Seachv Florida, less the South 75 feet. (See attached sketch) to be used and occupied by the Lessees as a parking lot and for no other purpose or use whatsoever for so long as the property described as the south 75 feet of Lots 16 through 18, inclusive, Eloc~ 69, City of Delray Beach, is used as a congregate living facility. 2. This lease shall commence on the date the Lessees acquire the title to the property upon which the congregate liv- ing center is to be located, which is expected to be on or about the 1st day of August, 1984. 3. The rent payable for the use of this property shall be an amount equal to the ad valorem taxes which are at- tributable to Lots 16 through 18, inclusive, lees the south 75 feet, Bl~ck 69, Delray Beach, Florida, presently owned by 4. The following express stipulations and conditions ere made a part of this lease and are hereby assented to by the sub-let the premises, or any pert thereof, nor use the same or any part thereof~ nor permit the same or any part thereof, to he used for any other purpose than as above stipulated, nor make any alterations therein, without the written consent of the b. Lessors, or any of their agents, shall have the right to enter said premises during all reasonable hours, to may be deemed necessary for the safety, comfort or preservation thereof. c. It is expressly agreed and understood by and between the parties to this Agreement, that the Lessors shall not be liable for any damage from any cause which may be sus- for any other damage or injury resulting from the carelessness; negligence, or improper conduct on the part of any tenants or d. Lessees further agree to maintain public lia- bility insurance namin9 Lessors as their interest may appear, in a sum of not less than Three Hundred Thousand Dollars ($300,000.00) for loss or injury to any one person, and Five Hundred Thousand Dollars ($500,000.00), for loss Or injury from any one accident. Lessees further agree to save Lessors harm- less from any injury from all causes of accidents arising out of use of the premises from all of Lessees~ employees and/or e. In the event Lessors should desire to sell the property herein leased and/or the remainder of Lote'17 and 18 as described above, during the term of this lease and receiv a bona fide offer to purchase from a third party,-then Lessees shall be given the first opportunity to make a tender. The property shall not be sold to an outsider until Lessees have hsd thirty (30) days' written notice to purchase and acquire the Lessors' interest on the same terms and condition8 as contained in the aforesaid bona fide offer. Lessors understand that said leased property 18 restricted so that it may not be sold Or otherwise transferred except in conjunction with the transfer or sale of the building long ss the parking understand that this running with the land which this parcel is intended to serve so facilities are required, The Lessors restriction on sale shall be a Covenant (which can be released only by the City), stops and requirements. therewith. and shall be recorded by the City of Delray Reach, Florida. f. Lessors understand and agree that Lessees will be required to remove the garage located on Lot 16, as more fully described above. Lessees agree to pay all expenses in co~nectton therewith and Lessors are entitled %0 any lumber and/or materials which may be salvaged therefrom. g. Lessors further understand and agree that the Lessees will be required to stabilize the sod and place parking landscaping as prescribed under City Code Lessees agree to pay all expenses in connection h. The City of Delrey Beach is specifically named as a third party beneficiary of this agreement and the parties to this lease agree that the City shall have nonexclu- sire enforcement of the provisions of this lease which prohibit the sale of the leased property except in conjunction with the transfer or sale of the building which the parking area is tended to serve for so long as the facilities are required. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose expressed herein the day and year first above w~ltten. Signed, aealed and delivered ~_~Ae to L.,o, ~, L. stan~.y P~..y /~ ~a ~. ~letcher STATE OF FLORIDA COUNTY OP PALN BEACH I HEREBY CERTIFY that 0n this day before me, an officer duly quali lied to take acknowledgments, personally appeared LENA O'NEAL, r.. STANr. Ey PENNY, as r.essors, and LEILA F. FLETCHER and JANE B. KUCERA~ as Lessees~ to me known to be the persons des- cribed in and who executed the foregoing instrument and acknow- ledged before me that they executed the same. WITNESS my hand a~]~z~ficial(~l in the County and State last afor...d this . U My co~tssion expires. _0 0 o.~ £1T¥ OF DEI. II;I¥ BE;lgH D~LK^¥ KE^£H AIl-A~nericaC~ 1993 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444. 561/243-7000 MEMORANDUM TO: FROM: SUBJECT: DATE: David Harden City Manager Joe Weldon Director of Parks and Recreation 2nd Amendment to License Agreement October 30, 2000 for Delray Beach Academy Attached is a Second Amendment to the License Agreement for the use of facilities at Pompey Park by the Delray Beach Academy for a charter school. The purpose of the Academy is to educate and impart a sense of confidence and responsibility to at-risk youth. The original agreement with Delray Beach Academy was entered into in January of 1999. Originally, Mr. Joe Green, Principal, was looking only for temporary facilities as he planned to either relocate or build a new building for his school. However, Mr. Green has been unable to find the necessary facilities for his students. This necessitated an amendment to the Agreement in June of 1999, expiring on June 15, 2000. Since Mr. Green has still not found the necessary accommodations, Ann Green, Site Supervisor of Pompey Park, has allowed Delray Beach Academy to use Pompey Park facilities beginning this past school year until June 15, 2001, thus necessitating the request for the second amendment to the License Agreement. Jo~eldon Director of Parks and Recreation cc: Brian Shutt, Assistant City Attorney Ann Green, Recreation Supervisor IV Joe Green, Principal Ref:dhdbacad THE EFFORT ALWAYS MATTERS ~./~, Request to be placed on: AGENDA REUQ,_~.[~ Date: Oct. 30, 2000 . XX Regular Agenda SpecialAgenda When: November 7, 2000 Workshop Agenda Description ofagendaitem: Request approval of 2nd amendment to License Agreement for Delray Beach Academy. This would grant Delray Beach Academy use of the facilities at Pompey Park until June 15, 2001. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Approval Department Head Signature: ~¢,'~.-~ ~ /\ Determination of Consistency w~,h.~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: (if applicable) Account Description: Account Balance: City Manager Review: Approved for agenda:~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved £1T¥ OF DELRrI¥ BErI£H CITY ATTORNEY'S OFFICE DELRAY BEACH ~lI.Amedca Ci~ 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 October 26, 2000 Joseph Weldon, Director of Parks and Recreation Brian Shutt, Assistant City Attorney SUBJECT: Second Amendment to License Agreement with Delray Beach Academy, Inc. Attached for your review and comment is a copy of the Second Amendment to the License Agreement with Delray Beach Academy, Inc. RBS:srnk Attachment SECOND AMENDMENT TO LICENSE AGREEMENT THIS SECOND AMENDMENT to License Agreement is made and entered into this __ day of No3ember, 2000 (the effective date) by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (City), and DELRAY BEACH ACADEMY, INC., a Florida hot-for-profit corporation (DBAI). WlTNESSETH: WHEREAS, the City and DBAI entered into a License Agreement beginning upon January 15, 1999 and expiring on June 15, 1999 (attached hereto as Exhibit "A") and an Amendment to License Agreement beginning upon June 15, 1999 and expiring on June 15, 2000 (attached hereto as Exhibit "B"); and WHEREAS, the DBAI requests an extension of the license term; and WHEREAS, the City Commission has determined that such extension serves a public purpose in encouraging the education and development of the City's youth. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Term. The License Agreement as amended shall expire June 15, 2001. 3. Incorporation. All other terms and conditions of the License Agreement entered into by the parties on January of 1999 shall be deemed incorporated herein and binding on the parties hereto. IN WITNESS WHEREOF/the parties hereto have executed this Second Amendment to License Agreement on the date first above written. ATTEST: City Clerk Approved as to Form and Legal Sufficiency: CITY OF DELRAY BEACH, FLORIDA By:. David W. Schmidt, Mayor City Attorney WITNESSES: DELRAY BEACH ACADEMY, INC. Print Name: Print Name: Print Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument ,2000 by officer or agent) of was acknowledged before me this day of (name of officer or agent, title of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public - State of Florida LICENSE AGREEMENT FOR USE OF POMPEY PARK THIS AGREEMENT ("The Agreetnent") is made this ~'~day of~, 1990 by and between the CITYOcr~ro^v ......... ~ __ .?. ._ ff . - ~,~,~,t~ ~=,~ta, a ~lOrlna Municipal t2orporatlofl (the "City"), ami DELRAY BEACH ACADEMY, INC., a Florida not-for-profit corporation ("DBAI"). WITNESSETH: WHEREAS, DBAI has requested use of the auditorium at Pompey Park for establishing and running a Charter School for approximately 60-80 students, granted to DBAI pursuant to Section 228.056, Florida Statutes and by agreement with the Palm Beach County School Board; and WHEREAS, DBAI seeks to establish the Charter School to identify and recover at risk youth by custom-designing a curriculu~ that strives to increase their academic achievement and encourages stndents to become informed and productive citizens; and WHEREAS, DBAI requires a temporary location for the Charter School until such time as more permanent facilities can be procured; and WHEREAS, the City has determined that the auditorium at Pompey Park is available for use by DBAI during the hours of 7:30 a.m. to 2:00 p.m., Monday through Friday for a term beginning Jz:mary 15 and ending June 15, 1999; and WHEREAS~ DBAI has stated that the Charter School will not adversely affect the City's operations Conducted at Pompey Park. NOW THEREFORE, in consideration of the sum of One Dollar ($I .00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recltai~. The parties hereby represent and warrant that the above recitals are accurate and correct and the recitals are hereby incorporated as if fully set forth in this Agreetrtent. EXHIBIT "A" 2. Auditorium at Pompey Park. The City agrees to allow DBAI to use the auditorium at Pompey Park and other facilities as agreed to herein for the sum of one (1) dollar and solely for the purpose of operating a Charter School for the term of this Agreement. 3. City's Use of Facilities. In the event that the City requires use of any facilities associated with Pompey Park during the time period in which DBAI is entitled to their use, the City shall endeavor to notify DBAI within a reasonable time prior to the City's required use and DBAI shall temporarily vacate the auditorium or refrain from using a particular facility for the time period required by the City. However, during such period of use by the City, DBAI shall be allowed to use facilities at Pompey Park to which it is entitled to use under this Agreement so long as the use does not conflict with use by the City and is approved by the Supervisor of Pompey Park. 4. Cancellation of Agreement. The City reserves the right to revoke this license with thirty (30) days written notice in the event that DBAI materially fails to comply with the provisions of this Agreement, including but not limited to compliance with all laws, rules and regulations, or in ~:he event that DBAI's Charter is revoked. 5. Term of Agreement. The term of this Agreement shall begin upon January 15, 1999 and shall end upon June 15, 1999, subject to the termination rights of the City set forth at paragraph 4 of thii; Agreement. DBAI shall be entitled to use the auditorium and facilities as set forth in paragraph 6 between 7:30 a.m. and 2:00 p.m., Monday through Friday, excluding legal Holidays as determined by the Palm Beach County School Board, and subject to the City's use of the facilities as set forth at paragraph 3 and the general restrictions of this Agreement. 6. DBAI's Use of Facilities. During the time period in which DBAI is entitled to use the auditorium t:acilities, and subject to the other provisions of this Agreement, DBAI shall be entitled to use of the auditorium proper, as well as the following facilities: (A) Kitchen Facilities. DBAI may use the kitchen facilities associated with the auditorium. However, DBAI shall use the kitchen facilities only to warm pre- cooked food. DBAI shall restore the kitchen facilities to a state of reasonable cleanliness after each use. (B) Parking Facilities. DBAI shall be granted space in the Pompey Park parking lot for up to six (6) vehicles. If DBAI requires par'king to accommodate more than six (6) vehicles, DBAI must have the written consent of the City prior to parking such vel~icles in the Pompey Park parking lot. (C) _Pool Facilities. DBAI may use the pool facilities located adjacent to the auditorium upon approval by the Supervisor of Pompey Park at times mutually agreeable to both parties. The City shall provide lifeguard services. (D) Other Recreational Facilities DBAI may use other recreational facilities located at Pompey Park during the time period set forth in this Agreement so long as the particular recreational facility is not being used by the City at the time DBAI desires use of the facility and after approval is obtained by the Supervisor of Pompey Park. If a conflict arises, DBAI shall use alternate facilities. 7. Bic],'cle Facilities. DBAI may install bicycle parking facilities in an area adjacent to the auditorium. However, DBAI must obtain the prior written consent of the City as to the location and number of bicycle parking facilities to be installed. At the expiration of the term, DBAI shall remove the bicycle parking facilities and restore the location to its original condition. However, if the City determines that the bicycle parking facilities shall remain at Pompey Park then the City shall notify DBAI no less than thirty (30) days prior to the end of the term of this Agreement that the bicycle parking facilities shall remain at the designated site. After receiving such notification, DBAI shall not remove the bicycle parking facilities. 8. Janitorial Services. DBAI shall, at its own expense, provide janitorial services to maintain the auditorium proper, the kitchen facilities and all other areas consistently used by DBAI, in a condition of reasonable cleanliness and shall pick up all litter and debris that results from DBAI's use of any facility within Pompey Park. The City shall provide regular janitorial services for all other areas at Pompey Park. 9. Telephone Services. If DBAI desires telephone services, DBAI shall have such telephone services installed and shall pay any and all expenses related to the installation, service and maintenance of the telephone services, and the City shall not be held responsible for any amount thereof. 10. Equipment. Any equipment required or utilized by DBAI including, but not limited to, tables, chairs, desks, blackboards, computers, monitors, and televisions, are the sole responsibility of DBAI. DBAI shall be responsible for the repair or replacement of any equipment it utilizes or provides, including the theR thereof. DBA[ shall set up and take down all equipment it utilizes in a mariner so as to not interfere with any City activities. If any equipment owned or utilized by DBAI is not taken down or is stored in a manner that interferes with City activities, the City may require DBAI to place the equipment in an appropriate storage area. In the event that DBAI fails to remove and store any equipment that it owns, the City inay undertake to store such equipment, and the City shall not be liable for any damage or loss resulting to DBAI's equipment from such storage. 11. Security. The City shall provide no security services other than that which it deems necessary to safeguard its facilities at Pompey Park. The City shall not be responsible for providing security for any events or activities undertaken by DBAI or for any other reason be required to provide security services to DBAI. DBAI shall provide all security services it deems necessary to run a safe, orderly operation, but in no event shall DBAI install or cause to be installed any security alarms or systems upon any facility within Pompey Park. 12. Damage to City Property. DBAI shall reimburse the City for expenses incurred in replacing, repairing or restoring any City property damaged, destroyed or defaced by DBAI, its agents, employees, or any other person associated with DBAI, including but not limited to students ,~nd parents of students. Damage may include, but is not limited to, graffiti, scratch marks, or carving marks. 13. Transportation. Any transportation services required by DBAI shall be procured by DBAI. The City shall not provide vehicles for the use of DBAI. 14. No Other Services Required. Other than the facilities provided by the City, as set forth in this Agreement, the City is not responsible for providing any other facilities, services or supervision to DBAI. 15. Agreement does not Constitute Joint Venture. This Agreement is not intended to constitut'e a joint venture between DBAI and the City. DBAI shall be considered an entity wholly independent from the City for any purpose whatsoever and shall be considered an independent contractor. No act undertaken or failure to act by DBAI shall be imputed to the City for any reason. 16. Insurance. DBAI shall maintain insurance coverage as provided in DBAI's Contractual Agreement with the Palm Beach County School District. DBAI shall name the City as an additional insured on all policies of insurance. 17. h~de~nnification and Hold Harmless Agreement. DBAI shall indemnify, de/end and hold harmless the City and its officers, agents and employees against any and all claims, demands, suits or other forms of liability for any actions that arise solely out of or by reason of the actions, omissions, intentional acts, or negligent acts of DBAI, its officers, employees, agents, representatives or any other person associated with DBAI, including but not limited to, students and parents of students. 18. Compliance with Laws. DBAI shall comply at all times with applicable federal, state, county and municipal laws, rules and ordinances. Any violation thereof shall be an independent cause for the termination of this Agreement by the City. 19. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 20. Entire Agreement. This Agreement shall constitute thc entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 21. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 22. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~ day of~, 199 ~ . ATTEST: City Clerk Approved as to form: COUNTY OR PALM BEACH ) ) THE CITY OF DELRAY BEACH, a Florida ~~ y~ayor/ The foregoing instrument was acknowledged before me this aO.'~ day of ~0/-~.~.,/ , 199~ by Jay Alperin, as Mayor of the City of Delray Beach, a Florida ~municipa'(corporation, on behalf of the corporation. (OFFICIAL NOTARIAL SEAL) Notary Public State and County Aforesaid My Commission Expires: DELRAY BEACH ACADEMY, INC., A FLORIDA NOT-FOR-PROFIT ~-~OP,.PO,~ION Name Printed: ,.,JO~ ~e~-~ Title: (SEAL) STATE OF FLORIDA COUNTY OR PALM BEACH The foregoing instrument was acknowledged before r'~C~trtJoer-, 199~ by ~0~' ~Ee_r~ as '~}r'~cl~, '~aF.i, ~¢tt~¢~¢/~.. InC. , a ~]o~-,. of the corporation. me this ~..B~ day of xe¢ ve of corporation, on behalf (OFFICIAL NOTARIAL SEAL) -- N~otary Pu"bli~ State and County Aforesaid My Commission Expires: I~-YI~C'~'~ c~Mmc~ .u,~E.I I~ cc~,24. I I'OF~O FEB. 7,2001 I AMENDMENT TO LICENSE AGREEMENT This Amendment to License Agreement is made and entered into in triplicate this 15th day of June, 1999 (the effective date) by and between the City of Delray Beach, a Florida Municipal Corporation (City), and Delray Beach Academy, Inc., a Florida not-for- profit Corporation (DB.M). WITNESSETH: WHEREAS, the City and DBAI entered into a License Agreement beginning upon January 15, 1999 and expiring on June 15, 1999 (Attached hereto as Exhibit "A'); and, WHEREAS, the DBAI requests an extension of the license term; and, WHEREAS, the City Commission has determined that such extension serves a public purpose in encouraging the education and development of the City's youth. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Te~-m. The License Agreement as amended shall expire June 15, 2000. 3. Incorporation. All other terms and conditions of the License Agreement entered into by the parties in January of 1999 shall be deemed incorporated herein and binding on the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to License Agreement on the date first above written. ATTEST: ~ity Clerk Approved as to Form and WITNESSES: (Type or Print Name) CITY OF DE~,Y ~ORIDA By: (Corporate Seal) (Type or Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before ,1999 by ,~Oe 6J'¢C'., ~'-J~e (', ~1>, (name of officer or agent, title of officer or agent), of~dr~ .~ l each/qcade /, C. (name of corporation acknowledging), a /~]O?/dgL (state or place of incorporation) corporation, on me this (~]a day of behalf of the corporation. H~.~'he is.~personally known to me/or has produced (type of identification) as identification. Signature o~: l~Iotary Public State of Florida Print, Type or Stamp Name of Notary Public MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS AGENDA ITEM ~,~/. - REGULAR MEETING OF NOVEMBER 7, 2000 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDtNG AGREEMENTS WITH SIX (6) SUBRECIPIENTS NOVEMBER 2, 2000 This item is before the City Commission to approve and authorize the execution of slx (6) subrecipient funding agreements under the CDBG program for FY 2001 as follows: · $9,000 to Alpha-Time Children's Center of Delray Beach to pay for a portion of the salary of one part-time teacher at 20 hours per week; · $40,000 to Boys & Girls Clubs of Palm Beach County to further renovate the Catherine Strong Center which is to continue to be used as the new site for the local Boys & Girls Club; · $50,000 to the Delray Beach Housing Authority to be used for the installation of trees, plants, sod, bike racks, barbecues and picnic tables at Carver Estates; · $2,000 to the Fair Housing Center of the Greater Palm Beaches, Inc. to provide a minimum of four (4) Housing Industry Provider/Community Educafon sessions for residents of Delray Beach, including school-age children and community organizations; · $3,350 to the "I Have A Dream" Foundation to pay for a portion of PSAT and SAT Professional Tutorial Services; and · $12,000 to the Urban League of Palm Beach County to offset costs associated with one pan-time service delivery position within the Urban League's Housing Counseling and Emergency Intervention programs. The total funding allocation is $116,350.00 and will be made available from various accounts within the Community Development Block Grant budget. Approval of the subrecipient funding agreements is recommended. RefiAgmeraol 1.CDBG Sub~ecipient Funding Agmts. FY 2001 AGENDA REU_Q.~__~ Request to be placed on: __ Regular Agenda __ Special Agenda Workshop Agenda xxxx Consent Agenda Date: November 1, 2000 When: November 7, 2000 Description of item: Request to approve and execute agreements for funding of six (6) Community Development Block Grant subrecipients for Fiscal Year 2000-2001. Funding will be made available from various accounts within the CDBG budget. Total funding is $116,350.00. Funds will be distributed as follows: $9,000.00 Alpha-Time; $40,000.00 Boys & Girls Clubs; $50,000.00 Delrav Beach Housing Authority; $2,000 Fair Housing Center of the Greater Palm Beaches, Inc.; $3~350.00 "I Have A Dream Foundation"; $12,000 Urban League of Palm Beach County ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval and execution of the~.~6) agreements for funding. Department Head Signatu~L~ ,-7 --~-~- '~q'/~/~ City Attorney Review/Re&(mmendation (if apptica~: Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: ~NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved City of Delray Beach Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David Harden, City Manager Lula Butler, Community Improvement Director~~'~ ' Kenneth L. Thomas, Community Development Coordinator November 1, 2000 2000-2001 Community Development Block Grant Subrecipient Funding Agreements: Alpha Time Child Care Center, Boys & Girls Clubs, Delray Beach Housing Authority, Fair Housing Center of the Greater Palm Beaches, Inc., "I Have A Dream Foundation", and Urban League of Palm Beach County ITEM BEFORE THE COMMISSION This is to request approval to execute the agreements for the funding of the above listed subrecipients under the 2000-2001 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24CFR 570.301, a Public Hearing was held before the City Commission on August 7, 2000, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal year 2000-2001. The Action Plan contains appropriations for the agencies as listed above and was approved by the Commission. CDBG Program regulations at 24CFR 570.503 require written agreements prior to the disbursement of funds to subrecipient organizations, specifying the work to be performed and reporting, among other necessary requirements and governing provisions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. RECOMMENDATION Staff recommends approval and execution of the attached six (6) agreements in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 2000-2001. KLT/CHW AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH ALPHA-TIME CHILDREN'S CENTER OF DELRAY BEACH 2000-2001 (October 1, 2000 - September 30, 2001) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this Seventh (7t~) day of NOVEMBER, 2000, between the City of Delray Beach, hereinafter referred to as "City" and _Alpha-Time Children's Center of Delra¥ Beach, hereinafter referred to the "Center", having its principal office located at 770 Southwest 12th. Terrace, Delray Beach, Florida, is related to the provision, as per the Action Plan approval by the City Commission on August 7, 2000 and effective October l, 2000 through September 30, 2001, of $9,000.00 in Community Development Block Grant Funds to the Center to pay for a portion of th__~e salary of one part-time teacher at 20 hours per week, upon the following terms and conditions: Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means Alpha-Time Children's Center of Delray Beach e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit monthly requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required monthly reports. The City agrees to disburse eleven (11) monthly payments in equal amounts of $750.00 for the partial salary of one (1) part-time teacher at twenty (20) hours per week. Disbursements will be available no later than the first working day of each month, beginning in October, 2000 and continuing through September, 2001. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all monthly reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of ~9~000.00 for the period of October 1, 2000 through September 30, 2001. Monthly release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Director of Community Improvement and the Community Development Coordinator. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2000 will be processed. All service required hereunder shall be completed by the Agency by September 30, 2001. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community improvement Director or designee. 5. Records and Reports: The Agency agrees to provide to the City a monthly attendance and enrollment roster that identifies the number of enrollees (including race/ethnicity) and levels and family income. The Agency also agrees to provide monthly time sheets to the city reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly). These reports must be presented/submitted no later than the first working day of each month covered by this agreement. Reimbursement payments will not be released without the submission of the required monthly (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2001. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to ail ma~ers covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-il0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by Or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations '~o one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. Alpha-Time Children's Center 770 S.W 12thTerrace Agency/Sub-recipient: I~alra? B~ach. Flnrida 33444 Singed By: ~,_~ ~f~~;~L~- Author(zed Agenc~ Official WITNESSES: CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH BOYS & GIRLS CLUBS OF PALM BEACH cOUNTY, INC. 2000-2001 (October 1, 2000 - September 30, 2001) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this Seventh (7th) day of November, 2000, between the City of Delray Beach, and the Boys & Girls Clubs of Palm Beach County, Inc., hereinafter referred to as "The Club" and/or "Agency", having its principal office located at 800 North Point Parkway, Suite 204, West Palm Beach, Florida, is related to the provision, as per the budget approval by the City Commission on August 7, 2000 and effective October 1, 2000 through September 30, 2001, of $40,000.00 in Community Development Block Grant (CDBG) funds. These funds are to be used to further renovate the Boys & Girls Clubs' Catherine Strong Center. which is to continue to be used as the new site for the Club upon the following terms and conditions: The Club will: a.) retain a licensed general contractor or other appropriate company(s) as determined eligible (by the City's Chief Building Official) to perform the specific work (renovation work) through a competitive bid process (as determined appropriate by the City and the CD Division (award to be reviewed and approved by CD Division); and b.) undertake responsibility for the rehabilitation proceedings and the selected general contractor's work; and c.) ensure that the CD Division is notified on an on-going basis as to the profess of the scheduled work; and d.) submit a monthly progress narrative as to the activity's progress (through completion); and e.) submit requests for reimbursement of expenses following completion and payment of eligible rehabilitation tasks to the selected general contract/construction company(s) (subject to approval by the CD Coordinator and the Director of Community Improvement) (City will reimburse the "Club" for expenses incurred); and f.) ensure that the facility receiving capital improvements will continue to be operated under its intended use (community center for area children ages 6 to 18) for a period not less than ten (10) years (for federal CDBG purposes) from date following completion of the work, or otherwise be subject to recapture provisions. This~capital grant amount ($40,000.00) will be forgiven (forgivable grant) in the amount of $4,000.00 per year for a ten year period, beginning from the time that the last payment of funds under this contract is reimbursed; and g.) ensure that the facility (following completion of these improvements) is open/operated so as to be open to the general public (children ages 6 to 18 years of age) during all normal hours of operation (24CFR 570.201 (c)); and h.) agree that reasonable fees may be charged for the use of the facilities assisted with CDBG funds, but charges, such as excessive membership fees, which will have the effect of precluding low and moderate-income persons from using the facilities are not permitted, for the same ten (10) year period as well (24CFR 570.200 (b)(2); and I.) comply with all other federal monitoring and compliance related issues, such as relevant portions of the Davis-Bacon Act. Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means the Boys & Girls Clubs of Palm Beach County, Inc. e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD "Federal Labor Standards" means the requirements of Section 110 of the Housing and Community Development Act of 1974 that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the proceedings outlined in this agreement and submit requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required reports. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all required reports and necessary data (as determined by the City), covering the completed work by the agency's selected general. Payments will be made available within thirty (30) days of receipt of each invoice, following an inspection of the work completed and approval by the CD Coordinator and the Director of Community Improvement. a.) The City and the Club further agree that the City shall: 1.) Provide $40,000.00 toward the construction of a new Boys and Girls Club at the Catherine Strong site located at 600 SW 15th. Avenue, Delray Beach (scope to be determined); 2.) Provide technical assistance upon request and throughout the contract period to assist the Club in complying with the terms of this contract. This assistance shall include ongoing monitoring for Davis-Bacon and related Acts (Labor Standards); b.) The City and the Club further agree that the Club shall: 1 .) Award contracts for the construction of a new Club at the Catherine Strong site by providing appropriate work write-ups, building plans and adequate supervision of construction. Further, the Club shall secure all necessary bonding and accept all liability as it may relate directly or indirectly from the construction, and hold harmless and indemnify the City from all construction related deficiencies and liabilities of whatsoever kind as it relates to the construction and rehabilitation. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2000 will be processed. All service required hereunder shall be completed by the Agency by September 30, 2001. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Boys & Girls Club agrees to ensure the submission of all contractor payrolls and itemized pay requests. Prior to bid, the agency shall submit to the Community Development Coordinator a copy of the Bid Specification packet to assure the inclusion of all federal requirements. The Club further agrees to submit upon request other documentation that may later be determined necessary to assure compliance with this agreement. Reimbursement payments will not be released without the submission of the required (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. Ail reimbursements will be processed only following inspection of the work performed (by CD Division staff). The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2001. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. Agency/Sub-recipient: Boys and Girls Clubs of Palm Beach County, Inc. Signed By: ~' / Authorize-d' Agency Officia~ ESSES: CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND DELRAY BEACH HOUSING AUTHORITY 2000-2001 (October 1, 2000 - September 30, 2001) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this. Seventh (7th) day of November, 2000, between the City of Delray Beach, and the Delray Beach Housing Authority, hereinafter referred to as the "Agency", having its principal office located at 770 SW 12th Terrace, Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission effective October I, 2000 through September 30, 2001, of $50,000 in Community Development Block Grant (CDBG) funds in addition allocation of CDBG funds from FY 1999-2000 in the amount of $50,000. These funds are to be used to install trees, plants, sod, bike racks, barbecues and picnic tables at the Agency upon the following terms and conditions: The Agency will: a.) retain a licensed general contractor or other appropriate company(s) as determined eligible (by the City's Chief Building Official) to perform the specific work (renovation work) through a competitive bid process (as determined appropriate by the City and the CD Division (award to be reviewed and approved by CD Division); and b.) undertake responsibility for the rehabilitation proceedings and the selected general contractor's work; and c.) ensure that the CD Division is notified on an on-going basis as to the progress of the scheduled work; and d.) submit a monthly progress narrative as to the activity's progress (through completion); and e.) submit requests for reimbursement of expenses following completion and payment of eligible rehabilitation tasks to the selected general contract/construction company(s) (subject to approval by the CD Coordinator and the Director of Community Improvement) (City will reimburse the Agency for expenses incurred); and f.) ensure that the facility receiving capital improvements will continue to be operated under its intended use for a period not less than ten (10) years (for federal CDBG purposes) from date following completion of the work. g.) comply with all other federal monitoring and compliance related issues, such as relevant portions of the Davis-Bacon Act. Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means the Delray Beach Housing Authority e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD g. "Federal Labor St " ' andards means the reqmrements of Section 110 of the Housing and Community Development Act of 1974 that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended. 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be Iow and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the proceedings outlined in this agreement and submit requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required reports. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all required reports and necessary data (as determined by the City), covering the completed work by the agency's selected general. Payments will be made available within thirty (30) days of receipt of each invoice, following an inspection of the work completed and approval by the CD Coordinator and the Director of Community Improvement. a.) The City and the Agency further agree that the City shall: 1.) Provide $50,000 from FY 1999-2000 and $50,000/'or FY 2000-2001 toward the landscaping improvements of the Agency, located at 770 SW 12th Terrace, Delray Beach; 2.) Provide technical assistance upon request and throughout the contract period to assist the Agency in complying with the terms of this contract. This assistance shall include ongoing monitoring for Davis-Bacon and related Acts (Labor Standards); b.) The City and the Agency further agree that the Agency shall: ].) Award contracts for the landscape improvements of the Agency by providing appropriate work write-ups, landscaping plans and adequate supervision of construction. Further, the Agency shall secure all necessary bonding and accept all liability as it may relate directly or indirectly from the construction, and hold harmless and indemnify the City 'from all construction related deficiencies and liabilities of whatsoever kind as it relates to the construction and rehabilitation. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2000 will be processed. All service required hereunder shall be completed by the Agency by September 30, 200I. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Delray Beach Housing Authority agrees to ensure the submission of all contractor payrolls and itemized pay requests. Prior to bid, the agency shall submit to the Community Development Coordinator a copy of the Bid Specification packet to assure the inclusion of all federal requirements. The Agency further agrees to submit upon request other documentation that may later be determined necessary to assure compliance with this agreement. Reimbursement payments will not be released without the submission of the required (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. All reimbursements will be processed only following inspection of the work performed (by CD Division staff). The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2001. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-I 10 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall at~end meetings and assist in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least one other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. WITNESSES: Agency/Sub-recipient: Delray Beach Housing Authority Signed By:'~~~ ~ Authorized ~ncy Official CITY OF DELRAY BEACH, FLORIDA Signed By:. David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. 2000-2001 (October 1, 2000 - September 30, 2001) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this Seventh (7th) day of NOVEMBER, 2000 between the City of Delray Beach, hereinafter referred to as "City" and Fair Housing Center of the Greater Palm Beaches, Inc., hereinafter referred to as the "Agency", having its corporate office located at 1300 West Lantana Road, Suite 100, Lantana, Florida 33462, related to the provision, as per the budget approval by the City Commission on August 7, 2000 and effective October 1, 2000 through September 30, 2001, of $2,000.00 in Community Development Block Grant funds to be used to provide a minimum of four (4) Housing Industry Provider / Community Education Sessions for residents of Delray Beach. including school-age children and community organizations, upon the following terms and conditions: a.) All four (4) seminars and sessions will be accomplished during the effective date of the contract period (October 1, 2000 through September 30, 2001). b.) Each seminar or session will be conducted following notification of the CD Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). c.) Each seminar/session must be adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to CD Division prior to seminar/session). d.) Reimbursement of expenses will be provided upon completion of each seminar/session, at the predetermined amount of $500.00 per seminar/session, with the total maximum reimbursement not exceeding $2,000.00 (for the four seminars/sessions). e.) All seminars/sessions will be open to participants, free of charge. f.) The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide: 1.) Community Education Sessions for civic organizations, community based agencies, social service providers and/or schools within the municipal boundaries of the City of Delray Beach. These sessions shall be designed to educate the public and protected classes to identify incidents of discrimination in housing and to gain an understanding of the means to find remedies, to seek redress and relief. Sessions are to be conducted citywide on an ongoing basis during the program year. A minimum of two (2) sessions shall be conducted during the period beginning October 1, 2000 and ending September 30, 2001. One (1) of the sessions will focus on the education of children about housing discrimination. 2.) Housing Industry Provider Education Seminars for developers, real estate brokers property managers, financial institutions, and the media/advertising industry. The seminars shall provide information on fair housing laws, Community Reinvestment Act regulations and affirmative marketing requirements. A minimum of two (2) seminars shall be conducted during the period beginning October 1,2000 and ending September 30, 2001. WHEREAS, federal regulations at 24CFR 570.601 provide that CDBG funds are granted to the City of Delray Beach under a condition that the City certified that it will "affirmatively further fair housing," and; WHEREAS, with its submission of the Fiscal Year 2000-2001 Consolidated Action Plan, the City of Delray Beach so certified that it would "affirmatively further fair housing," and; WHEREAS, the Fair Housing Center of the Greater Palm Beaches, Inc. proposed to provide Fair Housing Education and Outreach to the citizens of Delray Beach, and: NOW, THEREFORE, the parties hereby further agree as follows: Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. The "Agency" means the Fair Housing Center of the Greater Palm Beaches, Inc. e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required reports. The City shall reimburse the Fair Housing Center of the Greater Palm Beaches, Inc. in an amount not to exceed $2,000.00 for expenses related to conducting two (2) Community Education Sessions and two (2) Housing Industry Provider Education Seminars. The amount to be paid to the Fair Housing Center of the Greater Palm Beaches, Inc. shall not exceed $500 per session/workshop. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all required reports and necessary data (as determined by the City), covering the session/workshop for which reimbursement is requested. Payments will be made available within thirty (30) days of receipt of each invoice, following approval. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2000 will be processed. All service required hereunder shall be completed by the Agency by September 30, 2001. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: Prior to receipt of CDBG funds (through reimbursement), Fair Housing Center of the Greater Palm Beaches, Inc. shall submit for each seminar/session conducted, the following documentation: a.) h.) d.) An agenda displaying the date, time, and location of the session/seminar conducted (the CD Division must have been notified in advance of the same, as required above on Page 1, item (b.). A list of invitees/attendees for each session/seminar; A request for funds/invoice (using Attachment "A" of this agreement) Proof that each seminar/session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report). Other records as may be necessary to determine compliance with this agreement. Reimbursement payments will not be released without the submission of the required (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments tmtil the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2001. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-1 I0, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. I-~ specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the con~'actor (sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. Agency/Sub-recipient: Signed By: Fair Housing Center of the Greater Palm. B~ In~ Authorized Agency Official ATTEST: CITY CLERK APPROVED AS TO FORM: CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR CITY ATTORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH AND "I HAVE A DREAM FOUNDATION" 2000-2001 (October 1, 2000 - September 30, 2001) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this Seventh (7th) day of NOVEMBER, 2000, between the City of Delray Beach, hereinafter referred to as "City" and the "I Have A Dream Foundation", hereinafter referred to the "Agency", having its principal office located at 770 Southwest 12th. Terrace, Delray Beach, Florida, is related to the provision, as per the Action Plan approval by the City Commission on August 7, 2000 and effective October 1, 2000 through September 30, 2001, of $3,350.00 in Community Development Block Grant Funds to the Center to pay for a portion of the PSAT and SAT Professional Tutorial Services~ upon the following terms and conditions: Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means the "I Have A Dream Foundation" e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit monthly requests for reimbursement of approved expenses using the cover sheet in Attachment "A', provided hereto and made a part hereof. Reimbursement requests should accompany all required monthly reports. The City agrees to disburse in full $3,350.00 in one lump sum for Professional Tutorial Services. Disbursement will be made available no later than sixty (60) days prior to the specified date stated in the contract to provide professional tutorial services. Disbursement will only be released upon verification of a contract/agreement between the "I Have A Dream Foundation" and the provider of the professional tutorial services. Services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $3,350.00 for the period of October 1, 2000 through September 30, 2001. Monthly release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Director of Community Improvement and the Community Development Coordinator. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2000 Mil be processed. All service required hereunder shall be completed by the Agency by September 30, 2001. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City taws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Agency agrees to provide to the City a monthly attendance and enrollment roster that identifies the number of enrollees (including race/ethnicity) and levels and family income. The Agency also agrees to provide monthly time sheets to the city reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly). These reports must be presented/submitted no later than the first working day of each month covered by this agreement. Reimbursement payments will not be released without the submission of the required monthly (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2001. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-I 10 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9, Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. FIqJD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Pro.~ect, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, thc City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. Agency/Sub-recipient: Singed By: WITNESSES: CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH THE URBAN LEAGUE OF PALM BEACH COUNTY 2000-2001 (October 1, 2000 - September 30, 2001) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this Seventh (7th) day of NOVEMBER, 2000, between the City of Delray Beach, hereinafter referred to as "City" and the Urban League of Palm Beach County, hereinafter referred to the "Urban League" and/or "Agency", having its principal office located at 1700 North Australian Avenue, West Palm Beach, Florida and its satellite office at Carver Service Center, 301 Southwest 14th. Avenue, Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on August 7,2000 and effective October 1, 2000 through September 30, 2001, of $12,000 in Community Development Block Grant funds to the Urban League to be used to offset costs associated with one part-time service delivery position within the Housing Counselin~ and Emergency Intervention programs of the Urban League, upon the following terms and conditions: Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means the Urban League of Palm Beach County e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit monthly requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required monthly repons. The City agrees to disburse twelve (12) monthly payments in equal amounts of $1 ~000, to be used to offset costs associated with one pan-time service delivery position within the Housing Counseling and Emergency Intervention programs of the Urban League, beginning in October, 2000 and continuing through September, 2001. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all monthly reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $12,000 for the period of October 1, 2000 through September 30, 2001. Monthly release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Director of Community Improvement and the Community Development Coordinator. The awarded CDBG funds are in support of the following activities: a.) Emergency Intervention including food, energy and shelter assistance referral; and b.) Housing discrimination counseling and referral. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2000 will be processed. All service required hereunder shall be completed by the Agency by September 30, 2001. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Agency agrees to provide the City monthly time sheets to the city reflecting actual time worked (in accomplishing goals) by the CDBG funded position (Delray Beach Satellite Office Coordinator) and a completed Direct Benefit Activity form (monthly). These reports must be presented/submitted no later than the first working day of each month covered by this agreement. Reimbursement payments will not be released without the submission of the required monthly (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. An activity report identifying progress made, problems encountered and proposed solutions to the same should also be submitted. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2001. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Cimular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months inunediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. Singed By: ~. ,~/L/./~ff_~ ../~~ Authorized Agency Official WITNESSES: /] CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ITY MANAGER AGENDA ITEM # ~, O - REGULAR MEETING OF NOVEMBER 7, 2000 AGREEMENT FOR USE OF NORTHERNMOST CITY BEACH DATE: NOVEMBER 3, 2000 This is before the City ComnUssion to approve an agreement with Coastal Systems International that will allow them access to the beach via the northernmost public beach access point. This access will be used to move equipment and materials to conduct construction work on a seawall at 3435 North Ocean Boulevard in Gulf Stream. The agreement has been reviewed and approved as to form and legal sufficiency by the City Attorney. Approval is recommended, contingent upon receipt of the required letter of credit. RefiAgmemol l.Beach Access Agreement. Coastal Systems AGREEMENT FOR USE OF NORTHERNMOST CITY BEACH ACCESS THIS AGREEMENT entered into this __ day of ,2000, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and MR. ANTONIO ARCAINI (hereinafter referred to as PROPERTY OWNER), provide as follows: WHEREAS, PROPERTY OWNER has received a permit from the Florida Department of Environmental Protection to conduct construction work on a seawall at 3435 North Ocean Boulevard, Gulfstream, Florida; and WHEREAS, the construction on the seawall will require heavy equipment at the project site; and WHEREAS, the only access to the project site for the heavy equipment is by the public beach; and WHEREAS, the only available access to the public beach is via the CITY's northernmost public beach access (see map attached as Exhibit "A" for exact location). NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the PROPERTY OWNER and CITY hereby agree as follows: 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. LETTER OF CREDIT CITY the original Letter of Credit No. PROPERTY OWNER shall furnish the issued by · in the amount ~)f fifty thousand dollars (US$50,000.00), a copy of which is attached hereto as Exhibit "B". 3. USE OF FUNDS The funds available under the above referenced Letter of Credit are allocated as follows: Fifty thousand dollars ($50,000) shall be available to the City for any repair, cost, fee, or any other amount which the CITY incurs as a result of PROPERTY OWNER's utilizing the CITY's northernmost public beach access. 4. USE OF CITY'S NORTHERNMOST BEACH ACCESS PROPERTY OWNER, and its designated agents, may utilize the CITY's northernmost public beach access (hereinafter "beach access") commencing upon the execution of this agreemem and ending at 12:00 midnight forty-five (45) days after the date of this agreemem. PROPERTY OWNER may only utilize the beach access during the hours of 7:30 a.m. to 5:30 p.m. daily during the above-referenced period. The CITY may temporarily suspend PROPERTY OWNER's use of the beach access during the 45-day period for any reason whatsoever as determined by the City Manager or his designee in his sole discretion. If use if the beach access is denied on such temporary basis, PROPERTY OWNER, its agents, contractors and assigns, agree to immediately cease utilization of the beach access and to await notice from the CITY as to when it may recommence use of the beach access. Neither PROPERTY OWNER, nor its agents, contractors, clients, successors or assigns shall be entitled to any reimbursement or any other amount for any delay or other incidental cost that may result from the CITY's temporary denial of the use of the beach access. If, at any time, PROPERTY OWNER or its agents, contractors or assigns utilize the CITY's beach access during a temporary suspension as ordered by the City Manager or after the 45 day period and any extensions thereto have expired, or if this agreement is terminated, then PROPERTY OWNER shall pay to the CITY a frae in the amount of ftve thousand dollars (US$5,000), which the CITY may immediately draw from the Letter of Credit. 5. INTERFERENCE WITH USE OF BEACH Any interference with the Public's use of the beach or the beach access shall be prohibited. If interference with the public's use of the beach or access to the beach occurs, the City may temporarily suspend PROPERTY OWNER's use of the beach access as provided in paragraph 4 or may terminate this agreement as provided in paragraph 8. 6. EXTENSION OF TIME FOR USE OF ACCESS If PROPERTY OWNER is unable to complete its work during the 45-day period provided in this agreement, PROPERTY OWNER may request in writing to the CITY Manager that an extension of time be granted in order for PROPERTY OWNER to complete its operations. PROPERTY OWNER's request shall include the exact date which PROPERTY OWNER will complete its work and no longer require use of the beach access. The City Manager may, in his sole discretion, grant PROPERTY OWNER the additional time to complete its work. 7. COMPLETION OF WORK~ COSTS FOR REPAIRS Upon completion of its construction work, PROPERTY OWNER shall return the beach access to as good or better condition as existed prior to the commencement of this agreement. Thereafter, PROPERTY OWNER shall notify the CITY in writing that it no longer requires use of the beach access. Within seven (7) working days from receipt of the notification, the CITY shall complete an inspection of the access area to determine whether any damage was caused by PROPERTY OWNER. Within fourteen (14) working days from the date of inspection, the CITY shall notify PROPERTY OWNER in writing of any damage or other charges incurred by the CITY as a result of PROPERTY OWNER's use of the CITY's beach access. PROPERTY OWNER shall not be entitled to dispute the CITY's estimate of damages or charges incurred. The CITY may at that point draw fi.om the Letter of Credit in order to cover the cost of repairing the damages or settling the charges. After the CITY has made its repairs or settled the charges, the CITY shall notify PROPERTY OWNER in writing that the Letter of Credit is no longer necessary and only then may the Letter of Credit be withdrawn by PROPERTY OWNER. 8. NO PROPERTY RIGHT CREATED Nothing in this agreement confers a license, easement, or any other property right to PROPERTY OWNER and this agreement may be revoked at any time by the CITY in its sole discretion. If the agreement is terminated by the CITY, the procedures regarding completion of work from paragraph 7 shall apply and the CITY shall be entitled to draw from the Letter of Credit for any damages or charges resulting from PROPERTY OWNER's use of the beach access up to and including the date of termination. 9. INDEMNIFICATION PROPERTY OWNER shall indemnify, hold the CITY harmless and defend the CITY fi.om any and all claims, damages, suits, causes of actions, administrative actions, penalties, fees or any other liability which is brought against the CITY as a result of PROPERTY OWNER's or its agents', contractors', successors' or assigns' activities related to use of the CITY's beach access. This indemnification includes, but is not limited to any intentional, reckless or negligent acts on the part of PROPERTY OWNER, its agents, contractors, successors or assigns. ' I0. WAIVER PROPERTY OWNER shall waive any and all claims it may have against the CITY for any reason whatsoever arising directly or indirectly out of PROPERTY OWNER's use of the CITY's beach access. 11. PERMITS; COMPLIANCE WITH LAW PROPERTY OWNER shall obtain any and all permits required by any Federal, State, or local governmental agency with jurisdiction over PROPERTY OWNER's activities. Furthermore, PROPERTY OWNER shall comply with Federal, State and local laws and regulations. PROPERTY OWNER agrees, consistent with Paragraph 9 of this agreement, to indemnify, hold the CITY harmless and defend the CITY from any administrative action, fee or penalty which arises from PROPERTY OWNER's failure to obtain any permit required by any governmental entity or from PROPERTY OWNER's failure to comply with any law or regulation. 12. VENUE Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to PROPERTY OWNER's use of the beach access. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: (Name Printed or Typed) (Name Printed or Typed) CITY OF DELRAY BEACH By: Mayor, David Schmidt MR. ANTONIO ARCAINI By: Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ., 2000, by . He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 7 Agenda Item No. ,~:~',0. AGENDA REQUEST Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Date: 02-Nov-00 When: 07-Nov-00 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute agreement with Coastal Systems, Inc. This agreement will provide Coastal Systems, Inc. access to the beach via the northem most access point along the City's public beach. This access will be used to move equipment and materials to conduct construction work on a seawall at 3435 North Ocean Boulevard, Gulfstream, Flodda. This agenda item is contingent on review and approval by the City Attomey. ORDINANCE/RESOLUTION REQUIRED: YESINO DRAFT ATTACHED YES/NO Recommendation: Staff recom~nds~l. Department head signature: , /~.,~,~.J~----'>~0~ /,~ ~-o~ 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 N/A Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: UNO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:t... Vetters~k~gis~agendaO3. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Randal L. Krejcarek, P.E. City Engineer DATE: SUBJECT: 3-Nov-O0 Beach Access Agreement with Coastal Systems, Inc. Agenda Item The attached agenda item is a request for commission approval/authorization for the Mayor to execute an agreement with Coastal Systems, Inc. This agreement will provide Coastal Systems, Inc. access to the beach via the northern most access point along the City's public beach. This access will be used to move equipment and materials to conduct construction work dna seawall at 3435 North Ocean Boulevard, Gulfstream, Florida. Coastal Systems, Inc. is required to obtain a Letter of Credit for $50,000.00, which will be used to restore the beach, if not satisfactorily restored by Coastal Systems, Inc. Coastal Systems, Inc. has indicated that this is the most economical access point to the subject property. The agreement requires Coastal Systems, Inc. to obtain all necessary permits from other agencies prior to commencing work. The attached agreement is a draft copy of the agreement. The final copy will not be executed until it is reviewed and approved by the City Attorney. Coastal Systems, Inc. is also in the process of obtaining the required Letter of Credit. A map is attached which indicates the requested access point and where the subject property is located. Please add this item to the 07 November 2000 commission agenda. Thanks. enc. cc Richard Hasko, P.E., Director of Environrnental~$6rvices file t~essrvOO2~DEPARTMENTS~EngAdminV_etters~RLK~PARKS~,oastal systems agendamemoOl.doc 33435 Project Site Del Rey Beach Access AGREEMENT FOR USE OF NORTHERNMOST CITY BEACH ACCESS THIS AGREEMENT entered into this __ day of ,2000, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and COASTAL SYSTEMS INTERNATIONAL, INC. (hereinafter referred to as COASTAL), provide as follows: WHEREAS, COASTAL has received a permit from the Florida Department of Environmental Protection to conduct construction work on a seawall at 3435 North Ocean Boulevard, Gulfstream, Florida; and WHEREAS, the construction on the seawall will require heavy equipment at the project site; and WHEREAS, the only access to the project site for the heavy equipment is by the public beach; and WHEREAS, the only available access to the public beach is via the CITY's northernmost public beach access (see map attached as Exhibit "A" for exact location). NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the COASTAL and CITY hereby agree as follows: 1. herein. 2. LETTER OF CREDIT original Letter of Credit No. The above-stated recitals are incorporated herein as if fully set forth COASTAL shall furnish the CITY the issued by , in the amount of fifty thousand dollars (US$50,000.00), a copy of which is attached hereto as Exhibit "B". 3. USE OF FUNDS The funds available under the above referenced Letter of Credit are allocated as follows: Fifty thousand dollars ($50,000) shall be available to the City for any repair, cost, fee, or any other amount which the CITY incurs as a result of COASTAL's utilizing the CITY's northernmost public beach access. 4. USE OF CITY'S NORTHERNMOST BEACH ACCESS COASTAL, and its designated agents, may utilize the CITY's northernmost public beach access (hereinafter "beach access") commencing upon the execution of this agreement and ending at 12:00 midnight forty-five (45) days after the date of this agreement. COASTAL may only utilize the beach access during the hours of 7:30 a.m. to 5:30 p.m. daily during the above- referenced period. The CITY may temporarily suspend COASTAL's use of the beach access during the 45-day period for any reason whatsoever as determined by the City Manager or his designee in his sole discretion. If use if the beach access is denied on such temporary basis, COASTAL, its agents, contractors and assigns, agree to immediately cease utilization of the beach access and to await notice from the CITY as to when it may recommence use of the beach access. Neither COASTAL, nor its agents, contractors, clients, successors or assigns shall be entitled to any reimbursement or any other amount for any delay or other incidental cost that may result from the CITY's temporary denial of the use of the beach access. If, at any time, COASTAL or its agents, contractors or assigns utilize the CITY's beach access during a temporary suspension as ordered by the City Manager or after the 45 day period and any extensions thereto have expired, or if this agreement is terminated, then COASTAL shall pay to the CITY a fine in the amount of five thousand dollars (US$5,000), which the CITY may immediately draw from the Letter of Credit. 5. INTERFERENCE WITH USE OF BEACH Any interference with the Public's use of the beach or the beach access shall be prohibited. If interference with the public's use of the beach or access to the beach occurs, the City may temporarily suspend COASTAL's use of the beach access as provided in paragraph 4 or may terminate this agreement as provided in paragraph 8. 6. EXTENSION OF TIME FOR USE OF ACCESS If COASTAL is unable to complete its work during the 45-day period provided in this agreement, COASTAL may request in writing to the CITY Manager that an extension of time be granted in order for COASTAL to complete its operations. COASTAL's request shall include the exact date which COASTAL will complete its work and no longer require use of the beach access. The City Manager may, inhis sole discretion, grant COASTAL the additional time to complete its work. 7. COMPLETION OF WORK; COSTS FOR REPAIRS Upon completion of its construction work, COASTAL shall return the beach access to as good or better condition as existed prior to the commencement of this agreement. Thereafter, COASTAL shall notify the CITY in writing that it no longer requires use of the beach access. Within seven (7) working days from receipt of the notification, the CITY shall complete an inspection of the access area to determine whether any damage was caused by COASTAL. Within fourteen (14) working days from the date of inspection, the CITY shall notify COASTAL in writing of any damage or other charges incurred by the CITY as a result of COASTAL's use of the CITY's beach access. COASTAL shall not be entitled to dispute the CITY's estimate of damages or charges incurred. The CITY may at that point draw from the Letter of Credit in order to cover the cost of repairing the damages or settling the charges. After the CITY has made its repairs or settled the charges, the CITY shall notify COASTAL in writing that the Letter of Credit is no longer necessary and only then may the Letter of Credit be withdrawn by COASTAL. 8. NO PROPERTY RIGHT CREATED Nothing in this agreement confers a license, easement, or any other property right to COASTAL and this agreement may be revoked at any time by the CITY in its sole discretion. If the agreement is terminated by the CITY, the procedures regarding completion of work from paragraph 7 shall apply and the CITY shall be entitled to draw frown theLetter of Credit for any damages or charges resulting from COASTAL's use of th6 beach access up to and including the date of termination. 9. INDEMNIFICATION COASTAL shall indemnify, hold the CITY harmless and defend the CITY from any and all claims, damages, suits, causes of actions, administrative actions, penalties, fees or any other liability which is brought against the CITY as a result of COASTAL's or its agents', contractors', successors' or assigns' activities related to use of the CITY's beach access. This indemnification includes, but is not limited to any intentional, reckless or negligent acts on the part of COASTAL, its agents, contractors, successors or assigns. 4 10. WAIVER COASTAL shall waive any and all claims it may have against the CITY for any reason whatsoever arising directly or indirectly out of COASTAL's use of the CITY's beach access. 1 I. PERMITS; COMPLIANCE WITH LAW COASTAL shall obtain any and all permits required by any Federal, State, or local governmental agency with jurisdiction over COASTAL's activities. Furthermore, COASTAL shall comply with Federal, State and local laws and regulations. COASTAL agrees, consistent with Paragraph 9 of this agreement, to indemnify, hold the CITY harmless and defend the CITY from any administrative action, fee or penalty which arises from COASTAL's failure to obtain any permit required by any governmental entity or from COASTAL's failure to comply with any law or regulation. 12. VENUE Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to COASTAL's use of the beach access. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 5 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH By:. Mayor, David Schmidt City Attorney WITNESSES: (Name Printed or Typed) (Name Printed or Typed) COASTAL SYSTEMS INTERNATIONAL, INC. By: Name: Title: STATE OF COUNTY OF corporation. The foregoing instrument was acknowledged before me this __ day of ., 2000, by ., as (name of officer or agent, title of officer or agent), of (name-of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER AGENDA ITEM ~./0 _ REGULAR MEETING OF NOVEMBER 7, 2000 BID REJECTION AND APPROVAL OF CONTRACT ADDITION WITII REPUBLIC CONSTRUCTION FOR LA~VIEW GOLF COURSE RESTROOM BUII.DING NOVEMBER 3, 2000 This is before the City Commission for authorization to reject all of the bids received for the Lakeview Golf Course Restrootn Building project. Three bids were received, all of which were over the funding available for the construction of this facility. A bid proposal was subsequently solicited from Republic Construction and Development Corporation. Republic is currently constructing the restroom project at Veterans Park. They submitted a proposal of $48,410.00 for the restroom facility at Lakeview Golf Course which is within budget. The project includes demolition of the existing restrooms and construction of a new building. In view of the above, the action requested of the Comm/ssion is to reject the bids received for the Lakeview Golf Course Restroom Building and, alternatively, approve a contract addition (C.O. #3) in the amount of $48,410.00 with Republic Construction under the Veterans Park Restroom Modifications contract to construct the restroom building at Lakeview Golf Course. Funding is available from 446-4761-572-62.10 (Lakeview Golf Course Buildings). Approval is recommended. RefiAgmemol 4.Reject Bid & Approve Contract Add. Republic Construction.Lakeview Golf Course Restrooms Request to be placed on: AGENDA REQUEST Agenda Item No. ~ Date: November 1, 2000 X Regular Agenda Special Agenda __. Workshop Agenda VVhen: November 7, 2000 Description of item (who, what, where, how much): Attached is an Agenda Request for City Commission to reject all bids received on September 6, 2000 for the demolition of existing/and construction of a new restroom building at L~ikeview Gblf Course (PN 00-59). All bids received were over the funding available for the construction of this facility (bid tab attached). A bid proposal was solicited from Republic Construction, who is currently constructing the restrooms at Veterans Park (PN 96-40). They submitted a proposal of $48,410.00 for the new restroom building at Lakeview Golf Course. Based on this a request is also made for City CommiSsion approval of a Contract Addition to Republic Construction on the Veterans Park Restroom Modifications Contract (PN 96-40) for $48,410.00. Funding is available from 446-4761-572-62.10 (Lakeview Golf Course Buildings) ORDINANCE/RESOLUTION REQUIRED: Not regpj[ed. Recommendation: Staff recommends rejection of bids received on 9~6~00 for the Lakeview Restroom and award of a Contract Addition to Repu)ol~ Construction. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applic~,ble): Budget D~rector Review (reo, gjrgd on ~items involving expenditure of funds)' Funding available' '1~¢:S~NO~ ~\'Ao~ · Funding alternatives'-¢ applic;~l~le): Account No. & Description ~0 Account Balance ~@. City Manager Review: Approved for agenda: E~______~O Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Approved/Disapproved Action: s:\...\0059~agreq 110700 ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Howard Wight Dep. Dir. Construc~n / November 1, 2000 AGENDA REQUEST for 11/07/00 Lakeview Golf Course Restroom Building Bid Rejection/Contract Addition Project No. 00-059 Attached is an Agenda Request for City Commission to reject all bids received on September 6, 2000 for the demolition of existing/and construction of a new restroom building at Lakeview Golf Course (PN 00-59), All bids received were over the funding available for the construction of this facility (bid tab attached). A bid proposal was solicited from Republic Construction, who is currently constructing the restrooms at Veterans Park (PN 96-40). They submitted a proposal of $48,410.00 for the new restroom building at Lakeview Golf Course. Based on this a request is also made for City Commission approval of a Contract Addition to Republic Construction on the Veterans Park Restroom Modifications Contract (PN 96-40) for $48,410.00. Funding is available from 446-4761-572-62.10 (Lakeview Golf Course Buildings) CC: Bob Barcinski Victor Majtenyi Randall Krejcarek File 00-59 (A) s\...\0059~agmembidaward o CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 PROJECT NO. 96-040 DATE: PROJECT TITLE: Veteran's Park Restroom Modifications TO CONTRACTOR: Republic Construction and Development Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Construct Lakeview Restroom Building per plans and specifications and attached bid proposal submitted 10/13/00 SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASETHIS CHANGE ORDER 36.1% TOTAL PER CENT INCRFMSETO DATE 91.9 % $134,290.00 $75,007.00 $209,297.00 $48,410.00 $257,707.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Republic Construction and Development Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Funding is available from 446-4761-572-62.10 (Lakeview Golf Course Buildings) DEPARTMENT RECOMMEND: for Environmental Services APPROVED: City Attorney FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission By: Mayor ATTEST: By: City Clerk pROPOSAL FOregO Pr0p0~alof Republic Construction and Development Corp. (C n or) 1300 Park of Commerce Blvd. Ste 152 Delray Beach", FL (Address) 33445 to furnish and deliver all materials and to do and perform all work in accordance with the Con- tract Documents for the Project entitled: LAKEVIEW GOLF COURSE RESTROOM BUILDING CITY OF DELRAY BEACH PROJECT NO. 2000-059 Purchasing Officer City of Delray Beach, Florida 100 N~V 1 st Avenue DeLay Beach, Florida 33~.<< The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter iht; an Alpeement with the CITY in the form included in the Contract Documents to comlflete all Work as specified or indicated in the Contract Documents for the Contract Price and within thc Contract Time indicated in this Bid and in accordance with thc Contract Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security.. This Bid will re- main open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder falls to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and ~tain the bid security which shall be forfeited as liquidated damages. P-I In submitting this Bid, B'idder ~esents, es moro fully set forth in the Agreement, that: a Bidder hns examined .copies of all the 'Contract Documents and of the following addenda: Number Date Number Date 8/28/00 recoipt of all of which is hereby acknowledged and also copies of the Advertise- merit for Bids and the Instructions to Bidders; Bidder has examined thc site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regula- tions) and the conditions affecting cost, progress or performance of thc Work and has made such independent investigations as Bidder deems necessary. This Bid is genuine and not made in the interest of or on behalf of any undis- closed person, firm or corporation and is not submitted in conformity with any ag~cment or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corpo- ration to refi'aln from biddi,S; and Bidder has not sought by collusion to obtain for him~lf any advantage over any other Bidder or over the CITY; no City offi- cial nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the firm per- forming the work, or to thc profits resulting from the work. [Remainder of this page left blank intentionally] P-2 ~for completion of the Work in accordance with the Conuact Documents in current funds as SCHEDULE OF CONTRACT PRICES ~fr~M DESCRrPTION UNIT UNIT PRICE (in words) UNI~ PRICE EXTENDED ~{~NO TOTAL PRICE hse Bid i Demolish existing building end construct new building, complete es pe~ plans and specifications Forty-s$~ thg~sgD~ LS four-hundred d6tlars Dollars zero cents Cats $46,400.00 $46,400.00 2. Contingency Allowance LS Two Thousand Dollars No Cents $ 2,000.00 $ 2,000.00 3 Indemnification LS Ten Dollars Cents S 10.00 $ I 0.00 Total Evaluated Base Bid Bid Item 1 Through 3 (in numbers) Total Evaluated Base Bid Bid Items I Through 3 (in words) Forty-eight Dolhrs zero cents Cents thousand, $ 48,410.00 four hundred ten dollars P-3.1 Bidder agrees that the Work will be substantially completed within 75 calendar days after the date when the Contract Time commences to run, and completed within 15 calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. The undersigned agrees as follows: Accompanying this Proposal is a certified check, cashier's check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for $ N/A payable to the City of Delray Beach which is to be forfeited if, in the event that this Pro- posal is accepted, the undersigned shall fail to execute the contract and furnish satisfac- tory Contract Security and fumish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. The terms used in this Bid which are defined in the General Conditions of the Construc- tion Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Submitted on October 13, 2000 a.) (If an individual, partnership, or non-incorporated organization) Signature of Bidder By Address of Bidder b.) (Ifa corporation) Corporate Seal Signature of Bidder By Steven Neubarth Add~ssofBidder 1300 Park of Commerce Blvd Suite 152 Delray Beach, FL 33445 Incorporated'under the laws of the State of Florida c.) Certificate of Competency number CB CO 5 7 3 3 3 P-4 d.) The names of ~he corporate officers, or pa~ncrs, or Ludividuals doLug bus~ness under ~rade name, is ~ follows: Fred Neubarth, President Steven Neubarth, Vice President/Secretary Signature of Bidder By Steven Neubarth Name Vice President/Secretary Ti~e Bus~essAdg~ess~300 Park of Commerce Blvd Suite 152 Delray Beach, FL 33445 I~x)l~Ol~ ~4~ ~ ]~W~ Of~ S$~I~ of, Florida [Remainder of this page left blank intentionally] MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS REJECTION OF BIDS FOR RECONSTRUCTION OF DRINKING DATE: WATER WE!.!. #26 PROJECT NOVEMBER 2, 2000 This is before the City Commission to reject all of the bids received for the Reconstruction of Drinking Water Well #26. Three bids were received for the project. The lowest responsible bidder was 113% higher than the budgeted amount. After discussing the project with the well contractors and our consultant, CH2M Hill, it would be more cost effective to abandon the existing well and drill a replacement xvell within close proximity. Authorization is requested from the Cormmssion to rebid as an abandonment/replacement project in lieu of reconstructing the existing well. Recommend rejection of the bids for the ~vell reconstruction project and authorize staff to rebid as an abandonment/well replacement project. RefiAgmemol 4.Rejection of Bids.Well g26 AGENDA REQUEST Request to be placed on: X Regular Agenda __ Special Agenda __Workshop Agenda Description of item (who, what, where, how much): approval to reject bids received for the Agenda Item No. ~.~ Date: November 1, 2000 When: November 7, 2000 Requesting Commission Reconstruction of Drinking water well No. 26 (Project # 2001-002). Three bids were received and the lowest responsible bidder was 113% higher than the budgeted amount. Based on our discussions with the well contractors as well as our consultant CH2MHILL, the project will be rebid as a abandonment / replacement project in lieu of a well reconstruction. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of rejection of bids. Department head signature: '-'~~C~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all funds): Funding available: YES/NO N.A. 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 S:\EngAdrnin\Projects~2001~2001-002\OFFIClAL\agendabidreject.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 Dan Beatty, P.E. ~~ Deputy Director1 ublic Utilities November 1, 2000 Reconstruction of Drinking Water Well No. 26 Rejection of Bids Project #2001-002 www.delrayesd.com The attached agenda item request commission approval to reject bids received for the subject project. Three bids were received for the project and the lowest responsible bidder was 113% above the budgeted amount(see attached bid tab). After further discussion with the contractors that bid the project as well as our consultant CH2MHILL, we have found that it will be more cost effective to abandon the existing well in lieu of rehabilitation and drill a replacement well within close proximity. We will rebid the project as an abandonment / replacement project. Please place this item on the November 7, 2000 Commission Agenda. Thank you, Enc. cc: Richard C. Hasko, P.E., Director of Environmental Services John Bullard, Manager, Water Treatment Plant City Clerks Office Agenda File ~ES~Rv~2~DEPARTMENTS~EngAdmin~pr~jects~2~2~1-~2~FF~C~AL~bidrejectmern~d~c r- 0 0 0 0 MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor (~'~- //' Milena L. Walinski, CGFO, Assistant FinaffcdDirector~ November 01, 2000 DOCUMENTATION - CTIY COMMISSION MEETING NOVEMBER 07, 2000 - REJECT BIDS RECEIVED FOR BID//2000-48 - LANDSCAPE MAINTENANCE ATLANTIC AVENUE GREENWAY PLAN (VACANT LOTS) AND AUTHORIZE STAFF TO RE-BID Item Before Commission: City Commission is requested to reject all bids received for Bid #2000-48, Landscape Maintenance Atlantic Avenue Greenway Plan (Vacant Lots), and authorize staffto re-bid. Background: Bids were received on September 21, 2000, for Bid #2000-48 - Landscape Maintenance - Atlantic Avenue Greenway Plan - Vacant Lots. Original bids on file in the Purchasing Office. A memo was sent to Parks and Recreation Superintendent on October 05, 2000, requesting review of bids and award recommendations. See attached memo to Parks Department and tab sheets dated October 05, 2000. Upon review of the tab sheets by the Parks Department it was discovered that the descriptions for the unit price and quantities on the Schedule of Pricing page #29 were incorrect. See attached memo to Purchasing dated October 16, 2000 and attached Schedule of Pricing page #29 with the requested corrections. Recommendation: The Director of Parks and Recreation and Purchasing Staff recommends rejection of all bids received, and request authorization for staff to re-bid this project with changes in the specifications. Attachments: Memo from Parks and Recreation Memo to Parks and Recreation Tabulation of Bids AGENDAITEM NUMBER: AGENDA REQUEST Requesttobeplacedon: November07,2000 Date: November 01, 2000 __ Workshop Agenda XX Consent Agenda Special Agenda When: Description of agenda item: Reject all bids received for Bid ~Y2000-48 - Landscape Maintenance - Atlantic Avenue Greenway Plan (Vacant Lots) and authorized staff to re-bid with changes to the specifications. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES Recommendation: NO NO Department Head Signature: /~/~,~.4~.,~ , 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: Jackie Rooney, Purchasing Supervisor Tim Simmons, Parks Superintendent Joe Weldon, \x~'j Director of Park~ and Recreation October 16, 2000 Bid #2000-48 After reviewing with Jackie the Bid contract 2000-48, I recommend that the bid be rejected as is and appropriate changes be made to the bid specifications. Attached is my recommendations made to the bid. SCHEDULE OF PRICING/BID FORM BID #2000-48 LANDSCAPE MAINTENANCE FOR Atlantic Avenue Greenway Plan - Vacant Lots ITEM DESCRPTION Mowing, Weeding QUANTITY UNIT PRICE 43 TOTAL PRICE Trimming and Edging a. Line Trimming 43 b. Edging 22 3. Pruning ~9~ 2c, uga[av21ca 6 b. ~lack Olives 6 4. Litter Control 43 Chemical Applications a. Tnrf Insecticide Program 2 b. Shrub Insecticide Program c. Fire Ant Control d. Disease Control (as needed, see rates for additional work) (same as above) e. TurfFert. Bahia 2 Shade Tree Fertilization 2 g. Shrub Fertilization 6. Mulch 3 TOTAL BID PRICE TOTAL BID PRICE: (written amount) 29 rlTY OF nELAIW PURCHASING DIVISION TO: FROM: THROUGH: DATE: SUBJECT: Tim Simmons, Parks Superintendent Jackie Rooney, Purchasing Supervisor Joseph S<~inance Director October 05, 2000 Bid #2000-48 Landscape Maintenance - Atlantic Avenue Greenway Plan - Vacant Lots Attached is the "Tabulation of Bids" and a copy of all the bids received on September 21, 2000 for the above referenced subject. Please review and forward to Purchasing your award recommendation and I will proceed with the Commission Agenda Package. The current contract (Bid #97-40) with Luis Cintron's Lawn Service expires on October 31, 2000. If you have any questions, you may contact me at ext. 7163. Attachments Cc: Joe Weldon, Director of Parks and Recreation o MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS ~ITY MANAGER SUBJECT: AGENDA ITEM ~. ~. - REGULAR MEETING OF NOVEMBER 7, 2000 GROVE SQUARE DEVELOPER'S AGREEMENT DATE: NOVEMBER 3, 2000 This is before the City Commission to approve an agreement between the City and G.A.A.C.H. Inc., the developer of Grove Square, for joint participation in improvements to be constructed along S.E. 2nd Avenue. The agreement requires the developer to construct seven on-street parking spaces, with drainage, curb and gutter, in the S.E. 2nd Avenue right-of-way abutting the Grove Square development. The City will provide funding and materials for use in constructing these improvements. The total cost of the improvements is estimated at $70, 791. The cost to the City is $26,610. Funding in the amount of $12,600 will be from 115-0000-248-01.00 (In Lieu of Parking Fees) with $14,010 from 448-5461-538-63.90 (Stormwater Utility - Other Improvements). The agreement has been reviewed and approved as to form and legal sufficiency by the City Attorney. Recommend approval of Grove Square Developer's Agreement. Ref:Agmemo 16.Grove Square Developer's Agreement Agenda Item No. ~'. ~'. Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda AGENDA REQUEST Date: 02-Nov-00 When: .07-Nov-00 Description of item (who, what, where, how much):..Commission approval/autho#zation for Mayor to execute agreement with G.A.A.C.H., INC. This agreement is for joi/~l participation in the improvements along SE 2~d Avenue. This agreement requires th(; developer to construct seven on-street parking spaces and other improvements along SI 2~ Avenue. The City agrees to provide funding and materials for use in constructing th~; required improvements. Total cost of imprevements is estimated to be $70,791. Th~; cost to the City is $26,610. Funding is available from 115-0000-248-01.00 ($12,600) and 448-5461-538-63.90 ($14,010). ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT A'I-rACHED YES/NO Recommendation: Staff recomm~pds approval. Department head signature: (/_'~C ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if appliC~ab e): Budget Director Review (reeoired on all items involving expend ture of funds): Funding available:(Y~-~)1~O \~ ~, ,, ~ ~ Funding alternative~ r ?~ ~1~ ~ ~~ ~ccoun~ ~o: & Descriptio~ 1~-0000-248-01": 0'~, 4'48t 5461'-~3~ ccount ~alance _ ~/~ ) ~q;~,~ Ci~ Manager Review: ~ / Approved for agenda: ~NO ~ Hold Until: ~ ~~ ~ ~ ~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:L VettersVIk~gis~agendaO3. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David Harden City Manager Randa! L. Krejcarek, P.E.~'/~,~_~ City Engineer 2-Nov-O0 Developers Agreement with Grove Square 2 Improvements Along SE 2nd Avenue Agenda Item The attached agenda item is for Commission approval/authorization for Mayor to execute agreement with G.A.A.C.H., Inc. This agreement is for joint participation in the improvements along SE 2nd Avenue. This agreement requires the developer to construct seven on-street parking spaces and install drainage improvements and curb and gutter along SE 2nd Avenue right-of-way abutting Grave Square development. Total cost of improvements is estimated to be $70,791. The City agrees to provide $12,600.00 from the parking in-lieu of fees and $14,010.00 worth of materials from the Drainage, Other Improvements, account. The Developer will be responsible for all construction. A map is attached which indicates the project location. Please add this item to the 07 November 2000 commission agenda. Thanks. enc. cc Richard Hasko, P.E., Director of Environmental Services file S:~EngAdmin[TaciGrove SquareVJevel agmt agendamemoOl.doc ' ~ 8th ATLANTIC 8 let ST S.W. loth STREET LOCATION MAP _GROVE SQUARE DEVELOPER'S AGREEMENT THIS AGREEMENT entered into this __ day of ,2000, by and between the CITY OF DELRAy BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and GROVE SQUARE, INC. (hereinafter referred to as DEVELOPER), provides as follows: VV'HEREAS, a project called the Grove Square is being developed along Southeast Second Avenue in Delray Beach; and WHEREAS, there is a need for seven on-street public parking spaces in connection with the project; and WHEREAS, the CITY has agreed to contribute to the construction of the public parking spaces from its Parking In-Lieu of Fees fund; and WHEREAS, the DEVELOPER has agreed to construct the seven on-street public parking spaces in connection with the project; and WHEREAS, the CITY has additionally agreed to provide materials for use in constructing infrastructure improvements within the rights-of-way of S.E. 2nd Avenue:and WHEREAS, the DEVELOPER has agreed that it is responsible for all labor and installation of the materials provided by the CITY. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the DEVELOPER and CITY hereby agree as follows: I. INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. _P. AYMENT FOR PUBLIC PARKING SPACES The DEVELOPER shall construct, to the satisfaction of the City Engineer and in compliance with CITY regulations, seven (7) on-street public parking spaces as indicated on Exhibit "A" attached hereto. After the on-street public parking spaces are accepted by the CITY, the CITY shall pay to DEVELOPER twelve thousand ~ix hundred dollars (USS 12,600). 3. _MATERIALS FOR PUBLIC PARKING SPACES The CITY shall provide to DEVELOPER materials, as listed in Exhibit "B", attached: consisting of paver bricks, drainage pipe and drainage structures, in an amount up to a cost of fourteen thousand and ten dollars (US$14,010) to be used for the construction of the public parking spaces on S.E. 2nd Avenue, in front of Grove Square. The materials provided shall meet standard CITY specifications. DEVELOPER hereby agrees to accept the materials provided by the CITY and agrees to waive any warranties or other rights that it may have with regard to the materials provided or with regard to obtaining substitute materials fi'om the CITY. 4. MAINTENANCE OF PUBLIC PARKING SPACES DEVELOPER agrees to warranty the public parking spaces for any defect in construction and to maintain the public parking spaces for a period of one (I) year from the time the public parking spaces are accepted by the CITY. After one (1) year from the CITY'S acceptance of the public parking spaces has expired, the CITY will assume all maintenance responsibilities for the public parking spaces. 5. pERMITS REQUIRED Nothing in this Agreement relieves DEVELOPER of any obligation imposed under the CITY'S Land Development Regulations or Code of Ordinances. Developer is responsible for obtaining any and all permits required in connection with the development of the Grove Square project, including but not limited to, permits for construction of the right of way improvements to S.E. 2nd Avenue. 6. INDEMNIFICATION DEVELOPER shall defend, indemnify and hold the CITY harmless from any claims, suits, damages, causes of action or any other forms of liability that are brought against the CITY, its employees, agents, contractors and assigns arising out of DEVELOPER'S installation of the public parking spaces until such time as the CITY has accepted the parking spaces. After the CITY has accepted the parking spaces, DEVELOPER shall defend, indemnify and hold the CITY harmless from any claims, suits, damages, causes of action or any other forms of liability that are brought against the CITY, its employees, agents, contractors and assigns arising out of DEVELOPER'S maintenance of the parking spaces for the one (1) year warranty period. 7. GOVERNING LAWS~ VENUE Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Flor/da. 8. INTEGRATIONI AMENDMENTS This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH By: Mayor, David Schmidt City Attorney 3 WITN'ES SES: GROVE SQUARE, INC. (Name Printed o? Typed) By: Name: Title: (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of , 2000, by , as (name of officer or agent, title of officer or agent), of Grove Square, Inc. (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 4 GROVE SQUARE DEVELOPER'S AGREEMENT 'Exhibit "B" UNIT ITEM ST QTY NIT PRICE SY 8" Lime Rock 300 EA Type C Inlet w/Casti 4 LF 15" RCP 367 SF Brick Pavers 1,615 SY Sod 300 SY Topsoil 300 LF Type F Curb 300 LF 5' Sidewalk 295 TOTAL 3.04 $912.00 850.00 $3,400.00 6.00 '$2,202.00 3.40 $5,491.00 2.90 $870.00 $0.00 2.80 $840.00 1.00 $295.00 Total $14,010.00 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. "/' - REGULAR MEETING OF NOVEMBER 7~ 2000 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER DATE: TREATMENT AND DISPOSAL BOARD ACTIONS NOVEMBER 1, 2000 This is before the City Commission to ratify the actions taken by the South Central Regional Wastewater Treatment and Disposal Board on October 19, 2000. By a vote of 8 to 0, the SCRWTD Board approved the following: · Authorization to expend $2,500 from the Reserve & Replacement Fund on an emergency basis to replace three (3) deteriorated 8" plug valves on "A" Plant aerator; and · Authorization to expend $6,000 to replace shaft and impeller on #3 RAS pump in "B" Plant return building. Recommend ratification of the actions approved by the SCRWTD Board on October 19, 2000. Rcf:AgmemoI6.SCRWTD Board Action of 10.19.00 BOARD City Council Members og Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtp@ix.netcom.com MEMORANDUM TO: FROM: DATE: RE: City Clerk's Office, City Of Delray Beach Mary Ann Shumilla October 20, 2000 RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly Annual Meeting of October 19, 2000 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 19, 2000 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 19, 2000, by a vote of 8-0, approve AUTHORIZATION TO EXPEND $2,500 FROM RESERVE & REPLACEMENT FUND ON AN EMERGENCY BASIS TO REPLACE THREE [3) DETERIORATED 8" PLUG VALVES ON "A" PLANT AERATOR. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this day of , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF OCTOBER 19, 2000 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on October 19, 2000, by a vote of 8-0, approve AUTHORIZATION TO EXPEND $8,000. TO REPLA CE SHAFT & IMPELLAR ON #3 RA S PUMP IN "B" PLANT RETURN BUILDING. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this __ day of , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. (~. - REGULAR MEETING OF NOVEMBER 7~ 2000 RESOLUTION NO. 83-00 NOVEMBER 1, 2000 This is a resolution assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 45 N.W. 14th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 83-00. RefiAgmemo15.Res83-00.Boardup Unsafe.45 NW 14 Ave. RESOLUTION NO. 83-00 A RE~OLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGI/LATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR ~ EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8111 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray 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 7.8.11 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 assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, 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 has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the 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 2 Res. No. 83-00 the rate of six percent (6%) 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 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 six percent (6%) per annum plus reasonable attorney,s fee and other costs of collection. 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 6%, and collection costs includin9 a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the 2000. day of ATTEST: MAYOR City Clerk 3 Res. No. 83-00 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: MAILING ADDRESS: PROPERTY ADDRESS: LEGAL DESCRIPTION: ALMA AND JESSIE BROWN 45 NW 14TM AVENUE, DELRAY BEACH, FL 33444 45 NW 14TM AVENUE LOTS 27 AND 28, BLOCK I, ODMANN'S ACCORDING TO PLAT BOOK 4, PAGE 53 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 220.01 by resolution of the City Commission of the City of Delray Beach, Florida, dated , 2000 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on July 31, 2000 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. __X You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. Res. No. 83-00 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on May 22, 2000 at a cost of $220.01 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk 5 Res. No. 83-00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ~' [/' - REGULAR MEETING OF NOVEMBER 7~ 2000 RESOLUTION NO. 84-00 NOVEMBER 1, 2000 This is a resolution assessing costs for abatement action required for the demolition of an unsafe structure located at 18-24 N.W. 6th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 84-00. Ref:Agmemo 15.Res84-00. DemolitionUnsafe. 18-24 NW 6th Ave RESOLUTION NO. 84-00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS',, OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 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 unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray 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 7.8.11 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 assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, 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 has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the 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 Res. No. 84-00 the rate of six percent (6%) 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 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 six percent (6%) per annum plus reasonable attorney,s fee and other costs of collection. 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 llen shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the 2000. day of ATTEST: MAYOR City Clerk Res. No. 84-00 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: MAILING ADDRESS: PROPERTY ADDRESS: LEO DENNIS 6300 SW 59TM PLACE~ MIAMI, FL 33143 18-24 NW 6TM AVENUE, DELRAY BEACH LEGAL DESCRIPTION: Nl00' OF El30' OF S ½ OF BLOCK 12, TOWN OF DELRAY ACCORDING TO PLAT BOOK I, PAGE 3 OF THE OFFICIAL RECORDS OF PALM BEACH COUNTY, FL You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 4~381.73 by resolution of the City Commission of the City of Delray Beach, Florida, dated has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on February 16, 2000 that the Chief Building official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the city if you failed to act. X You failed to appeal the decision of the chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building official to the Board of Construction Appeals. You were given written notification on the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on . The Board of Construction upheld the decision of the Chief Building Official. Res. No. 84-00 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on September 30, 2000 at a cost of $4.382.73 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY'MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITy OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk 5 Res. No. 84-00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~e~L4 AGENDA ITEM ~>. [{/. - REGULAR MEETING OF NOVEMBER 7~ 2000 RESOLUTION NO. 85-00 NOVEMBER 1, 2000 This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from seven (7) 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. 85-00. Ref:Agmemo 15 .Res85 -00.Abandoned Vehicles RESOLUTION NO. 85-00 A RESOLUTION OF THE CITY CO~ISSION OF THE CITY OF DEL~AY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELP, AY BEACH; SETTING OUT ACTUA3~ COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUB DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, ~ 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 a 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 Chapter 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 Administration 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 incurred in abating said nuisance(s) as aforesaid; and, W~EREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO~ISSION OF THE CITY OF DELRAY BEACH, FLOkIDA, 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 .No. 85-00 Section 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. MAYOR ATTEST: City Clerk Res .No. 85-00 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION t OWNER ASSESSMENT DELRAY SHORES, LOT 9, BLOCK 5, PB 24, P 232, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 2435 DORSON WAY) :3DMANNS SUB, LOTS 27 & 28, BLOCK 1, PB 4, P 53, ~UBLIC RECORDS OF PALM BEACH COUNTY, FL 45 NW 14TH AVENUE) iJEANW. LATOUCHE & ANDRE ADAM 2435 DORSONWAY !DELRAY BEACH, FL33445 ALMA BROWN 45 NW 14TH AVENUE DELRAY BEACH, FL 33444 $ 220.00 $ 15.00 ADM FEE $ 300.13 iiMAGLOIRE ORIOL & SANTAN SE OR OL HNV i808 SE 4TH AVENUE !DELRAY BE_A.~H, FL 33484 $ 15.00 ADM.FEE DSCEOLA PARK, LOT 2 & N 1/2 OF LOT 3, BLOCK 9, PB 3, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 808 SE 4TH AVENUE) $ 30.00 15.00 ADM.FEE 15.00 iADM. FEE .~RIFFIN GATE, LOT 3-Bi PB 69. 126, PUBLIC :LOUIS & LAVANE3-rE JOSEPH RECORDS OF PALM BEACH COUNTY, FL i& CLOVY CANOIS 460 SE 1ST AVENUE 460 SE 1ST AVENUE ~DELRAY BEACH, FL 33444 $ 230.00 _ .- · ..... _ _ $~_. I_5*O0_.A_DM.FEE ELRAY SHORES 1ST ADDi ~)T §1, SL-OCK PB 24, P 233, PUBLIC RECORDS OF PALM ii JERRY S PEAKES BEACH COUNTY, FL 1:3103 DORSON WAY iS (3103 DORSON WAY) !DELRAY BEACH, FL 33445 CARVER MEMORIAL PARK SUB, LOT 19, BLOCK B, PS 20, P 56, PUBLIC RECORDS OF IMORRIS BOSTW1CK PALM BEACH COUNTY, FL :1i227 NW 15TH AVENUE : 229 & 231 NW 15TH AVENUE) ~E)~_L~_AY BF_~_~_C._H,~344~.__ _ ~ ~ ~0.00_ _ .... $ 15.00 ADM. FEE 4 Res. No. 85-00 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCF MANOEL QUiSVEDO~JR. ~,. 4. SEACREST PARK, LOT 1, BLOCK 8, PB 24, P 33, JAIME QUEVEDO PUBLIC RECORDS OF PALM BEACH COUNTY, FL ~2119 NORTHRIDGE ROAD 2119 NORTHRIDGE ROAD) ~DELRAY BEACH, FL 33444 $ 30.00 __ $ 15.00 iADM. FEE / I ¥1OI.~TION . STORING, PARKING OR lEAVING ! 5 Res. No. 85-00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~. X- - REGULAR MEETING OF NOVEMBER 7, 2000 RESOLUTION NO. 86-00 NOVEMBER 1, 2000 This is a resolution assessing costs for abatement action required to remove nuisances on seventeen (17) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 86-00. RefiAgmemo 15.Res86-00.NuisanccAbatement RESOLUTION NO. 86-00 A RES0~FTION OF THE CITY COMMISSION OF THE CITY OF DELI~Ay BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF OP. DINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ~.BATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT~ SETTING OUT ACTUAL COSTS INCurRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT ~ LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES~ PROVIDING FOR A~ EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS~ PROVIDING FOR THE HECORDING OF THIS RESOLUTION, AND DECLARING SAID LEI~f TO BE A LiEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or hie desi~natsd representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances~ and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards se= forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(e) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to eeawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would he levied as an assessment against said property~ and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request s hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(e) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Dslray Beach, through the City ~m~nietration or such agents or contractors hired by the City Achninistration was therefore required to and did enter upon the land(e) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, W~EREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission -a report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs per parcel of land involved~ and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, T~BREFORE, BE IT RSSOLVED BY THE CITY COMMISSION OF THE CITY OF DBLRAy BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of Abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall he collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach 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 he placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable a~torney~s fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment And this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall he 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 2 Res. No. 86-00 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 e reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the .day of , 2000. MAYOR ATTEST: City Clerk 3 Res. No. 86-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT ATLANTIC GARDENS DELRAY~ LOf23, BLOCK 6, --~ PB 14, P 63, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ~i42 SW 11TH AVENUE) ~ E. & HENRY WILSON IP O BOX 1676 1DELRAY BEACH, FL 33447 STRICKL~ND SUB. W 1/2 OF LOT 1 & N 19 FT OF ~ IRENE $50.95 $70.00 iADM. FEE ~ 1/2 OF LOT 2, BLOCK 1, PB 23, P 173, LAROCK, ET AL PUBLIC RECORDS OF PALM BEACH COUNTY, FL ~3064 ANGLER DRIVE 1101 SW9THAVENUE) ilDELRAYBEACH FL33444 $ 40.95 ~_ $70.00 ADM.FEE OSCEOLA PARK, S 30 FT Of LOT 26 & LOT 27, ROBERT MASSOTTI & BLOCK 7, PB 3, P 2, PUBLIC RECORDS OF ,MICHELLE MASSO'Crl PALM BEACH COUNTY, FL ii634 SE 3RD AVENUE 634 SE 3RD AVENUE) ! DELRAY BEACH, FL 33483 $40.95 - ~ ..... ~-70.00~,DU. F E-E tOWN 0'F DELRAY, LOT 26, BLOCK 81, PB 11, P 32, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 382 NE 3RD AVENUE) 'AlS INVESTMENT, LLC 927 JASMINE DRIVE ' DELRAY BEACH, FL 33483 $50.95 _~ ~ $70.00 ADM.FEE 'OWN OF DELRAy, LOT i0 & N 50.5 FT oF LOT 11, BLOCK 77, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL :~;BLOCK 77 DEVELOPMENT GROUP ii5000 BLUE LAKE DRmVE #i50 (33 & 39 SE 1ST AVENUE) . __~BOCA__R~_TON, FL 33431~-4469 .... ~ _.~50.95 ........... $70100 ~ADM. FEE TOWN OF DELRAY S 9.5 FT OF LOT 15 ~- LO~ 1-61' ~ .... ~ - BLOCK 77, PB 1, P 3, PUBLIC RECORDS OF I]BLOCK 77 DEVELOPMENT GROUP PALM BEACH COUNTY, FL 150O0 BLUE LAKE DRIVE $150 (32 S_E_2~D AVENUE)__. ~BOCA RATON, FL 33431-4469 $50.95 $70.00 ADM.FEE 4 Res. No, 86-00 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCF SUNDY & TENBROOK ADD TO DELRAY, LOT 24, PB 1, P 32, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SVV_~I?H A~/E., VACANT LOT SW 4TH_ST.). __ JONIE WELLS 310 WASHINGTON AVENUE DELRAY BEACH, FL 33444 SUNDY & TENBROOK ADD TO DELRAY, LOT 23, PB 12, P 32, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SW 47'H S~: 1ST VACANT LOT NO OF 414) SuNDy & TENBROOK ADD 3'0 DE[RAY[ LOT ~'~[ PB 12, P 32, PUBLIC RECORDS OF PALM BEACH COUNTY, FL SW 4TH ST., 1ST VACANT LOT NO OF 414) JONIE WELLS 310 WASHINGTON AVENUE DELRAY BEACH, FL 33444 $50.95 $70.00 ,ADAM. FEE ELY 150 FT OF WLY 392.27 FT & SLY 100 FT OF ELY 42.27 FT OF WLY 242.27 FT OF LOT 5, E OF HIGHWAY, PB 9, P 72, PUBLIC RECORDS OF PALM BEACH COUNTY, FL $50.95 , $ 70.00 ADM. FEE JONIE WELLS ~i310 WASHINGTON AVENUE DELRAY BEACH, FL 33444 . $50.95 -lARRy SEE~ILLER ~UB. S~ 17~.~ F~-~F~ ..... f i FREDERICA DOUAI HI · 4261 OAKS DRIVE POMPANO BEACH, FL 33069 NE 8TH AVE., LOT NO OF BOND WAY) $ 70.00 ,ADM FEE 83.54 '~0.00 ',~,DM.-FEE-- )El_IDA PA~K, LOTs 16, i7 & E i2 OF LOT 18, BLOCK 8 (DEL-IDA PARK HISTORIC DISTRICT) PB 9, P 52, PUBLIC RECORDS OF PALM BEACH COUNTY, FL MARC JOSEF & i BODIL MARCH HAN i218 NE 5TH COURT (218 NE 5TH COURT) ii DELRAY BEACH, FL 33444 $40.95 ... -- __ ~ ........ $70.?0£ADM FEE W 120 FT OF BLOCK 25, PB 5, P 2, PUBLIC [519 SW 15TH TERRACE RECORDS OF PALM BEACH COUNTY, FL !;DELRAY BEACH, FL 33444 NW 5TH AVENUE, VACANT LOT NO OF 337) $66.90 $70.00 ADM. FEE 5 Res. No. 86-00 _COST OF ABATING NUISANCES UNDER CHAPTER 10~1 OF THE CODE OF ORDINANCE TOWN OF DELRAY, S 50 FT OF N 227 FT OF W 135 FT OF BLOCK 2, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 23~ NW 8TH AVENUE) OSCEOLA PARK, LOTi23, BLOCK 7, PB 3, P 2, I PUBLIC RECORDS OF PALM BEACH COUNTY, FL El_0 SE 3RD AVENUE) DELRAY SHORES 1ST ADD, LOT 18, BLOCK 15, PB 40, P 33, PUBLIC RECORDS OF PALM BEACH COUNTY, FL 2655 DORSON WAY) IJOSEPH PRICE P.O. BOX 1432 IBARWELL, SC 29812 JEAN LOUIS JEANNETTE & :ALTHANASE PHENEUIS HAN 610 SE 4RD AVENUE DELRAY BEACH, FL 33483 SECRETARY OF HOUSING & URBAN DEVELOPMENT !1320 SOUTH DIXIE HIGHWAY CORAL GABLES, FL 33146-2926 $50.95 $70.00 jA~DM.~F~E DELRAY SHORES, LOT 25, BLOCK 2, PB 23, P 167, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (575 ANGLER DRIVE) $50.95 $15.95 ADM FEE $50.95 $70.00 :ADM FEE SECRETARY OF HOUSING & URBAN DEVELOPMENT 1320 SOUTH DIXIE HIGHWAY i!CORAL GABLES, FL 33146-2926 - _ _ _ ±_ _ $70.00 ADM FEE TOWN OF DEI. RAY, LOY 31 BLOCK 37, pB 12 ~ ......... P 81, PUBLIC RECORDS OF PALM BEACH J!ROBERT G. ALLEN & ! PATRIClA ALLEN I.C_OUNTY, FL !i206 Sw 2ND AVENUE 1(206 SW 2ND AVENUE) ~DELRAY BEACH FL 33444 _~ $50.95 , .......... ~ I $70.00 ADM. FEE - ~VIOLATION IS: SEC. 100-01 - LAND TO BE KEPT FREE OF DEBRIS, ---~i ~ --~tVEGETATION, MATTER CONSTITUTING HAZARDS, DECLARED NUISANCE. 6 Res. No, 86-00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS TY MANAGER AGENDA ITEM ~ / - REGULAR MEETING OF NOVEMBER 7, 2000 FINAL PLAT APPROVAL/SOUTH CONGRESS COMMERCE CENTEK NOVEMBER 3, 2000 This is before the City Commission to approve the subdivision plat for South Congress Commerce Center, a proposed two lot commercial subdivision located north of Marty Fladell Drive, between Congress Avenue and N.W. 18m Avenue. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for South Congress Commerce Center. RefiAgmemol0,Final Plat. South Congress Commerce Center Agenda Item No. ~' ~· AGENDA BEQUEST Date: Nov. 2, 2000 Request to be placed on: X Regular Agenda Special Agenda -- Workshop Agenda When: Nov. 7, 2000 Description of item (who, what, where, how much):Approval of the Subdivision Plat for South Conqress Commerce Center. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/N__O DRAFT ATTACHED YES/N__qO Recommendation: Staff recommends approval of the Subdivision Plat South Congress Cormnerce Cente~ ~ Department head signature: ~ x_ ._~/~ Determination of Consistency with Comprehensive Plan: for City Attorney Review/Recormmendation (if applicable): Budget Director Review (required on ai~l items involving expenditure funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: ~ ~ Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved of cc: tac-south congress commerce center file:s/engadmin/tac/ south congress commerce center /agl1700.doc City Of Delray each Department of Environmental Serv' 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'~~ November 2, 2000 South Congress Commerce Center Plat Please find an agenda request for Commission approval of the subdivision plat for South Congress Commerce Center attached. The property is being subdivided to create two commercial parcels. I have also enclosed a location map and a reduced copy of the plat. if this meets with your approval, please place it on the November 7, 2000 Commission meeting for Commission approval. Encl. File: S:/engadrnin/tac/south congress commerce center/agmemo.doc cc: Randall Krejcarek, P.E., City Engineer Paul Dorling, Planning/Zoning TAC: South Congress Commerce Center POINSETTIA BLVD. iOWENS BAKER ROAD N,W. 1ST ST. CITY of DELRAY BEACH ENVIRONMENTAL SERVICES DEP,N=RMENT LOCATION MAP OUTH CONGRESS COMMERCE SCCOMM£RCE MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM g' 2.- REGULAR MI~.~.TING OF NOVEMBER 7, 2000 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 2, 2000 Attached is the Report of Appealable Land Use Items for the period October 16~ through November 3, 2000. It informs the Comrmssion of the various land use actions taken by the designated boards that may be appealed by the City Corrmmssion. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. Ref:Apagmemo/Appealables/11.7.00 TO: THRU: FROM: SUBJECT: DAV~j~ARDEN, C. ITY MANAGER ~.,~UL DORL~I~ING PLANNING AND ZONING /0ASMIN ALLEN, PLANNER MEETING OF NOVEMBER 7, 2000 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 16, THRU NOVEMBER 3, 2000 DIRECTOR 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 October 16, 2000 through November 3, 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 meeting of the Commission as an appealed item. item on the next No 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 (5 to 0, Peltzie and Hasner absent), of the abandonment of a portion of Laing Street, located between Andrews Avenue and the Intracoastal Waterway. [] Recommended approval (5 to 0), of the City initiated abandonment of several alleyways located within the North Federal Highway Area. City Commission Documentation Appealable Items Meeting of November 7, 2000 Page 2 Recommended approval (Special Activities District) along Dixie Highway. (5 to 0), of an amendment to the Silver Terrace SAD ordinance to allow business and professional offices Recommended approval (4 to 0, Sowards left the meeting), of a conditional use request to allow the establishment of the House of God Church, located at the northwest corner of NW 3rd Avenue and NW 1st Street. Recommended denial (the Board's motion for approval failed on a 2 to 2 vote with Stark and Bird dissenting), of a conditional use request to allow the construction of a 90' high telecommunications tower at Delray's Lost Drive-in, located on the east side of North Federal Highway, approximately 500' north of Allen Avenue. Recommended approval (5 to 0, Sowards returned to the meeting), of the combined preliminary/final plat for Ocean Hammock, a proposed townhouse development containing 10 lots, located at the southwest corner of State Road A- 1-A and Pelican Lane. Recommended approval (5 to 0), of proposed amendments to the West Atlantic Avenue Redevelopment Plan. A. Approved (7 to 0), a request for a color change for Security & Sound Systems, Inc. an existing commercial building located on the west side of SE 5th Avenue (southbound Federal Highway), between SE 7th Street and SE 8th Street (766 SE 5th Avenue). B. Approved (7 to 0), a Class I site plan modification associated with a change in the architectural elevations adding chimneys at St. George's Landing, located at the southwest corner of George Bush Boulevard and Andrews Avenue (750 Andrews Avenue). C. Approved with conditions (7 to 0), a Class V site plan, landscape plan and architectural elevations for Fidelity Federal, a proposed 11,200 sq. ft. bank/office building to be located on the south side of SE 1st Street, between SE 5th Avenue and SE 6th Avenue (109 SE 5th Avenue). Concurrently, the Board approved waivers reducing the stacking distance from 20' to 10' from SE 5th Avenue to the first drive-thru lane and from 100' to 80' from the point of transaction for the easternmost drive-thru lane. The Board denied the waiver request to reduce the stacking distance from 20' to 10' from SE 1st Street to the first parking space. City Commission Documentation Appealable Items Meeting of November 7, 2000 Page 3 1. Approved (5 to 0, Ames absent, Sexton arrived late), a request for a Certificate of Appropriateness associated with installation of an awning over an existing rear yard swimming pool for the Sandoway House Nature Center, located on the west side of State Road A-l-A, north of Ingraham Avenue (142 S. Ocean Boulevard). Approved with conditions (5 to 0, Ames absent, Bodker abstained), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness for Marina Bay Townhomes, located on the west side of Marine Way, between SE 1st Street and SE 2nd Street (135 SE 7th Avenue and 124, 132 &136 Marine Way). Associated demolition requests were approved on a 5 to 0 vote, with the exception of the structure located at 132 Marine Way, which was continued as the Board wanted the applicant to investigate relocation or incorporating the structure within the development proposal. Concurrently, the Board approved a waiver reducing the perimeter landscape requirement from 5' to 4'6" along the west, north and south sides of the property. The Board also granted a parking reduction of 5 parking spaces as a total of 36 parking spaces are available utilizing tandem parking spaces for each unit. Several variances from Section 4.3.4(K) and 4.6.15 (G)(1)(a) reducing the front and side building and pool setback requirements were also approved by the Board on a 4 to 1 vote (Sexton dissenting). Approved (7 to 0), a request to reconsider a condition of approval which required the installation of a transom window above a new door on the south elevation at the Colony Hotel, located on the north side of East Atlantic Avenue, between NE 5th Avenue and NE 6th Avenue (525 E. Atlantic Avenue). The Board's approval will allow the new door to be installed without the transom window. Approved (6 to 0, Bodker abstained), a request for a Certificate of Appropriateness for paint colors for a perimeter wood fence for a contributing single family residence located at 109 Dixie Boulevard. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - NOVEMBER 7, 2000 L-3~ CAN4L UNTON L~3~ CANAL S.P.R.A.B.: A. SECURITY & SOUND SYSTEMS, INC. B. ST. GEORGE'S LANDING C. FIDELITY FEDERAL 1. THE SANDOWA Y HOUSE NATURE CENTER 2. MARINABAYTOWNHOMES 3. THE COLONY NOTEI 4. 109 DIXIE BOULEVARD ONE MILE MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM~./~. - REGULAR MEETING OF NOVEMBER 7, 2000 AWARD OF BIDS AND CONTRACTS NOVEMBER 2, 2000 This is before the City Comrmssion to approve the award of the following bids and contracts: 1. Award in the amount of $34,850 to Calico Racquet Courts Inc. (Cai-Cap) for the resurfacing of four (4) tennis courts at the Delray Beach Tennis Center, with funding from 001-4124-572- 46.90 (Other Repairs/Maintenance Costs). 2. Purchase award in the amount of $18,300 to NuCrane Machinery for the purchase of a John Deere Aercore 2000 Aerator for the Municipal Golf Course, with funding from 445-4761-572- 64.90 (Capital Outlay - Other Machinery/Eqnipment). 3. Contract renewal with Commercial Chemical Products for the purchase of sodium hypochlorite at an estimated annual cost of $20,240, with funding from 441-5122-536-52.21 (Water Treatment & Storage - Chemicals). 4. Contract award in the amount of $19,500 to Insituform Technologies, Inc., via Broward County contract, for trenchless sanitary sewer rehabilitation of 325 feet of 15" gravity sewer located at N.E. 2na Street and N.E. 4t~ Avenue, xvith funding from 442-5178-536-63.51 (R&R - Sewer Mains). 5. Contract award in the amount of $197,926.00 to Chaz Equipment Company, Inc. for the Royal Palm Boulevard Paving & Drainage Improvements project, with funding in the amount of $72,590.00 from 442-5178-536-65.04 (Water & Sexver R&R) and $125,336.00 from 448-5461- 538-65.04 (Stormwater/Royal Palm Boulevard). 6. Bid award in the amount of $162,310.00 to Intrastate Construction Corporation for the Lake Ida Road Force Main Relocation and Sabal Lakes/Lake Forest Water Main Crossing projects, along with a contract deletion (C.O. #1) in the amount of $74,000 to delete bid item #3 (crossing at Sabal Lakes/Lake Forest), for a total project amount of $88,310.00, with funding from 442-5178-536-65.18 (Lake Ida Road Uti~ty Relocations). 7. Renewal of the annual maintenance agreement with ~4aFg for software applications at the Police Department for the period October 1, 2000 through September 30, 2001, in the amount of $55,592.00 with funding from 001-2113-521-46.90 (Police Support Services - Other Repak/Mamtenance). Purchase award in the total amount of $16,680 to Academy Indoor Gun Range, Inc. for the purchase of forty (40) Glock .40 caliber handguns as replacement weapons for the Police Department, with funding from 001-1211-521-52.27 (Police Administrative Services - Equipment <$750). Renexval of lease agreement xvith Meats Motor Leasing for a one year lease of six (6) unmarked vehicles for the Police Department's Vice, Intelligence and Narcotics Unit in the amount of $37,090, with funding from 001-2115-521-44.40 (Police Investigative - Vehicles Rental/Lease). Recommend approval of the bid and purchase awards listed above. RefiBid.Agmemo. 11.7.00 MEMORANDUM TO: FROM: THROUGH: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor (~ J Milena L. Walinski, CGFO, Assistant Finance Director~ V r DATE: November 01, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING NOVEMBER 7, 2000 - AWARD TO CALICO RACQUET COURTS INC. (CAL-CAP) FOR THE RESURFACING FOUR (4) COURTS AT THE DELRAY BEACH TENNIS CENTER Item Before Commission: City Commission is requested to approve the award to Calico Racquet Courts Inc. (Cai-Cap) for resurfacing four (4) courts at the Delray Beach Tennis Center for a total amount of $34,850. Background: The Delray Beach Tennis Center needs to have four (4) clay courts resurfaced as they are in poor condition. The awarded vendor will remove the material down to base of the courts, laser grade and apply thirty-four tons of clay to each court. Quotes were received from three (3) vendors who do this type of word, and are listed below. Copies of the quotes are attached for your review. Calico Racquet Courts $ 34,850 Pro Courts $ 44,445 Fast Dry Corporation $ 52,000 The Manager of the Delray Beach Tennis Center recommends award to the low bidder, Calico Racquet Courts Inc. (Cai-Cap) for the total amount of $34,850. See attached memo dated October 31, 2000. Cal Cap is the awarded vendor for resurfacing the tennis courts at the Delray Swim and Tennis Club. Recommendation: Staff recommends award to Calico Racquet Courts Inc. (Cai-Cap) for the resurfacing of four (4) courts at the Delray Beach Tennis Center for a total amount of $34,850. Funding from account code #001-4124-572-46.90. Attachments: Memo from Manager of Tennis Center Copies of Bids Received TO: FROM: DATE: RE: Bob Barcinski, Assistant City Manager,z.,,~_. Brahm Dubin October 31,2000 Resurfacing of DBTC Courts #1 - fi4 We recommend that Cai Cap, the tennis court company who built eight and consulted on the remaining six original clay courts at the DBTC, who did the recent resurfacing of DBTC's clay courts #9 - #12, and who are currently resurfacing 20 of the 24 courts at the DSTC, be awarded the bid to resurface DBTC courts #1 - flA. Cai Cap's bid of $34,850 is the lowest of three bids to resurface these courts (Pro Courts - $44,445 and Fast Dry Court - $52,000). Their bid includes removing the TCM (Tennis Court Material), down to the base of the courts, laser grading the courts (recreating the pitch on the courts), and applying 34 tons of clay to each cou rt. Please include this bid for Commission approval on the next Commission Meeting's Agenda. If you have any questions or need any further information, please contact me at 243-7064. November 1, 2000 Delray Beach Tennis Center 201 West Atlantic Ave. Delray Beach, FL 33444 Pon Brahm Dubin/Jeff Donner is void thereafter at our option. Any additional work or repairs as may be encountered will be subject to an addendum to this Agreement which may be verbal in agreement between thc foreman on site and a principal of the Client's and initialed on this document or copy. Courts are considered accepted upon inspection and/or play commences. -~NCa!ico Racquet Courts, Inc. ilene H. McCann,President Agreement made between Calico R~cquet Courts, Inc., hereinafter called "Calico," and, Dclray Beach Tennis Center, hereinafter called the "Client," incident to the conditioning of one battery of four tennis courts (120' x 240') in accordance with the following terms and specifications: Calico will Shoot existin8 grade, patch low areas, remove loose TCM and deposit on owner's site within filly feet of work site, Laser-grade, lift with 136 tons of TCM applied to each court as necessary, and roll surface. Check water control box. Check sensors and replace, if necessary. 2. Supply and install four sets of lines with the aid cfa minimum of four Delray Beach Tennis Center workers to assist in sattin8 nails. Remove all trash created by Calico from site. 3. Described Work is anticipated to be completed in seven working days and guaranteed to restore proper function of capillary action for ninety days with proper maintenance practices employed and in place. Client will 1. Prepare courts for Calico's work by removing lines, nets, net posts. Assume responsibility for and acquire all necessary permits, inspections, and licenses. 2. Provide potable pressured water to the site at the current water control box, access to said site through a convenient section of the fence which has been removed for the delivery of materials and equipment, repair fence and access to the site upon completion of job, and reinstall owner's net posts, and nets. 3. Agree to the following terms of payment: a) pay all invoices promptly when issued. If balance remains unpaid thirty days slier billing, to pay an additional 1 I/2% per month (18% per annum) finance charge on any unpaid balance for each and every month thereafter until the balancn is paid in full. If the balance remains unpaid ninety days after billing and the Client's account is turned over to an attorney for collection, the Client agrees to pay attorney's fees and all legal costs expended in enforcing payment b) Pay upon shipment of TCM $10.850.00 c) upon arrival of Calico and Balance of TCM $20,000.00 d) upon installation of lines $ 4,000.00 Total $34,850.00 Should the necessary work provided by this contract be separated into different time periods due to circumstances not caused by Calico, Calico reserves the right to review the price and make adjustments accordingly. Calico operates NON-UNION unless otherwise stated in the agreement. All agreements are contingent upon strikes, accident, weather, and delays beyond the control of Calico. This proposal is subject to acceptance within 10 days from the date of this Agreement and P;o OOURT City .~ DeLsey Beach Attn: Jeff Decnet, Director o£ Ke[~teaance 1. Open a section of fence for equipment access(if necessarY) 2, Remove and atscard off stye all playing lines from the as carefully as possible so as to not disturb the courts base. 5. We uill check the screeninSs fo~ slope and thickness using G0 We will then compacC the screenings ueinS & s~esl wheel roller, '/. We will cnen furnish and install approximately 36 tons ~tll be placed and Graded ~l ou~ laser Guided equipmen~. After piecemeal ts eo~pteted we ~ill compac~ ~he new surface co tis proper density. $. 9e ~1ll valet and ~ell the courts to insure the proper playinG lines anchored ~o the court vitb aLumintu~ nailS. Alt lines gill be installed to the specifications of the tJfiTio g. We ~111 scrape t~e net posts a~d pain~ ~hem ~ith ~o coatings lO. ~e ~lll then re install tile poets and the ovnece nets 11. Ee uill clean up all ct our construotlon debris and leave the The lation 0 f~ch · courts ready for play 2a hours after the instal ~.~.~$~. : ~ above items l-Lt *ill be ~erformed ,or the au* of~~~- · .Ruc 31 O0 OS=iSa The Fast Dry. Companies pOMPANO BEACH · ORLAI~DO · TAMPA 5S1-225-S90! FDC- The FSa~ Dry Companies August 31, 2000 Jeff Dooner Delray Bench Tennis Center 201 West A~l,ntic Avenue Debay Beach, Florida 3~-~4n. De~r Sa~ ~ Our price to rebuild the four courts east of the clubhou This includes removing 1 inch of green rock, regrnding thc rock screening tmse by adding screenings as needed, laser grading ! 1/4 inch of green rock compnctcd to ! inch, and imtalling new tapes ~nct mi~s. This price is based on the F~'oper slope of I inch in 30 feet. Plense let mc know how we cnn help. Si~ercly, Frank Froebling Fast-Dry. Corporation Fast.Dry Courts, Inc. Hydro-Coqr~ of Florida, Inc. 8UILOEItS AS~TOCIAIlON New Construction Resudacing Supplies AGENDA ITEM NUMBER: 4~',~ A I AGENDA REQUEST Request to be placed on: November 07, 2000 Date: November 01, 2000 Workshop Agenda XX Consent Agenda Special Agenda When: Description of agenda item: Award to Calico Racquet Courts Inc. (Cai-Cap) for resurfacing of four (4) courts at the Delray Beach Tennis Center for a total amount of $34,850 per quotes received by the Tennis Center. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Calico Racquet Courts inc. (Cai-Cap) for resurfacing of four (4) courts at the Delray Beach Tennis Center for a total amount of $34,850 per quotes received by the Tennis Center. Funding from account code #001-4124-572-46.90. 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 V~ No Funding alternatives: Account Number: Account Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing SupervisoC~ Joseph Sa~nance Director November 01, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING NOVEMBER 7, 2000 - PURCHASE OF ONE (1) JOHN DEERE AERCORE 2000 AERATOR FOR DELRAY BEACH MUNICIPAL GOLF COURSE Item Before Commission: City Commission is requested to approve the purchase of one (1) John Deere Aercore 2000 Aerator for the Delray Beach Municipal Golf Course from NuCrane Machinery for a total amount of $18,300. Back,round: The Delray Beach Municipal Golf Course is in need of a new fairway aerifier as the current equipment is nine years old and is constantly requiring maintenance. This aerifier is available from NuCrane Machinery. The Golf Course currently has a smaller model, the Aercore 1500, and the parts are interchangeable. Quotes were received from the two know vendors who sell this equipment as listed below (copies attached for your review). Purchasing, in addition, has checked the Florida State Contract and this equipment in not available on the State Contract. NuCrane Machinery $18,300 Hector Turf $20,650 The Manager of the Delray Beach Municipal Golf Course recommends award to the low bidder, NuCrane Machinery at the total amount of $18,300. See attached memo dated October 19, 2000, from the Municipal Golf Course. Recommendation: Staff recommends award to NuCrane Machinery for the purchase of one (1) John Deere Aercore 2000 Aerator for a total amount of $18,300. Funding from account code #445-4761-572-64.90. Attachments: Memo from Golf Course Copies of Bids Received F. AA .g Memo To~ Jacldyn Rooney From:Tom Arendt CC: Dat~ 10/t 9100 Re~ Purchase of a fairway aerifler RECEIVED OCT 3 ! ~ We must purchase a new fairway aerifier. Attached are copies of two bids, reason for purchase and Brahm's approval of this purchase. These are the only two manufacturers of this b/pe of machine. I hope I°ve covered all necessary bases but if not please let ma know. As always, thanks for your help. · Page I Memo To: Brahm Dubin From. Tom Arendt CC: Date: 10~05/00 Re: Purchase of a Fakway Aedfler. We are in r;ccd of a new fairway aerilier. The machine we presently use is nine years old and we have already rebuilt it once. It is constantly breaking and will not make it through another course aerifica~on. These machines take a beating because of the type of work that they do. The shock of punching holes into the ground, by the millions, takes ils toll on driveshaits, bearings and all other components. Aerffication, however, is an agronomic practice that we must per[otto. New technology and machine design has become available during t~e last few years. There are two companies that are building these new machines and we have bids from both of them (see attached). I recommend that we purchase the John Deem Aercom 2000. 1. - Price John Deem Aercore 2000 including ~neholders for 3/8, 1/2, 5/8, and 3/4 ~nes. - $18,300 2. - We already have a smaller model. The Aercore 1500 and the parts are interchangeable. 3. - We will be able to use this machine during the winter months as the work it does (using the 3/8 l~nes) is unnoticeable by golfers. The only other manufacturer of this type of machine, Tom, has quoted a price of $20,650 and only provides one set of tine holdem. Can we proceed with this purchase? o[~- ® Page 1 08/~7/2000 2020 Seabird Way Riviera Beach, FL 33404 (407) 842-0440/(407) 842-5588 Fax nFLRAY BEACH MUNICIPAL 2200 HIGHLAND AVE. DELRAY BEACH, FL 33445 DEAR TOM I am p;e-~;_~ to quote the following John Deem products for your consideration. I F-~. JOHN DEERE AERCORE ~ AERATOR $ 18~300.00 040OTC 1010 1020 Aercore 2000 Tractor Mounted Aerator 4 # Tine Holders For 3 I 8 In. 1 / 2 In. 5 / 8In. 4 # Tine Holders For 3 / 4 In. Tines NUCRANE MACHINERY ~JON GOWEN Sales Manager Mobile 722-6110 Office ( 561-842-0440 ) 1301 N.W. THIRD STREET/DEERFIELD BEACH, FL 33442 TEL: (954) 429-3200 · FAX: (954) 360-7657 August 22, 2000 Mr. Tom Ardnett Golf Course Superintendent Delray Beach Municipal Golf Course 2200 Highland Avenue Delray Beach, FL 33445 Dear Tom: We are pleased to offer the following quotation for your consideration: 1 ea 09702 Toro Pro Core 880 Aerator - ~A Inch Side Eject Tines Toro Two-Year/1500 Hour Factory Warranty Unit Price $20,650.00 The above quotation is based upon your acceptance within thirty (30) days from the date of this letter and is subject to manufacturer's availability and Florida State Sales Tax (if applicable). Our terms of sale are Cash on Delivery or upon credit approval, Net 30 days. Thank you for the opportunity to provide you a quotation on the above merchandise, ff you have any questions or require additional information please contact me at (954) 429- · 3200 Ext. 314. We appreciate your interest and look forward to doing business with you. Sincerely, HECTOR TURF Thomas B. DeYoung Account Representative ' Commercial/Irrigation Products TBD:Ik AGENDA ITEM NUMBER: o~A A ~ AGENDA REQUEST Request to be placed on: November 07, 2000 Date: November 01, 2000 __ Workshop Agenda XX Consent Agenda __ Special Agenda When: Description of agenda item: Purchase of one (1) John Deerc Aercore 2000 Aerator for the Delray Beach Municipal Golf Course from NuCrane Machinery for the total amount of $18,300. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Award to NuCrane Machinery for the purchase of one (1) John Deere Aercore 2000 Aerator for the total amount of $18,300. Funding from account code #4454761~2-64.90. :::::::::::::::::::::::::::::: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on al~J.[j._t~,ms i~vol~[i_ng, expenditure Funding available: Yes ~ b/- No Funding alternatives: Account Number: (~ Account Description: Account Balance: of funds): (if applicable) City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor ~- Joseph Sa~nance Director October 30, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING NOVEMBER 07, 2000 - PURCHASE AWARD FURNISH AND DELIVERY OF SOD1UM HYPOCHLORITE SOLE SOURCE PURCHASE Item Before Commission: City Commission is requested to approve the one year renewal with Commercial Chemical Products for the purchase of Sodium Hypochlorite bulk deliveries at an estimated annual cost of $20,240. Background: Commercial Chemical Products is our current vendor who supplies Sodium Hypochlorite to the Water Treatment Plant. They were awarded a contract in November of 1999, by City Commission, as they were the only vendor who could supply bulk deliveries to the City of Delray Beach in small trucks. See attached back-up from the City Commission meeting of November 16, 1999. The Deputy Director of Public Utilities recommends the one year renewal with Commercial Chemical Products for the purchase of Sodium Hypochlorite at an estimated annual usage of 23,000 gals. Please see attached memo dated October 24, 2000 to Deputy Director of Public Utilities. Commercial Chemical Products has agreed to extend their current contract for another year with a price increase of $.03 per gal. See attached memo dated October 17, 2000. Recommendation: Staff recommends the one year renewal with Commerical Chemical Products for the purchase of bulk Sodium Hypochlorite at an estimated annual cost of $20,240. Funding from account code 441-5122-536-52.21. Attachments: 1999 Commission Agend Memo to Deputy Director Public Utilities Memo From Commercial Chemical Products MEMORANDUM TO: Dan Beatty, Deputy Director Public Utilities FROM: Jackie Rooney, Purchasing Superviso RECEIVEr' OCT 2 $ 2000 THROUGH: Joseph ~inance Director mtCH $1 , DATE: October 24, 2000 SUBJECT: Purchase of Sodium Hypochlorite The contract with Commercial Chemical Products for the purchase and delivery of sodium hypochlorite in small trucks expired on September 30, 2000. This contract was approved at the November 16, 1999 City Commission meeting. In 1999 the Water Treatment Plant recommended award to Commercial Chemical Products as they were the only vendor that would make deliveries to our sites in small tracks. The previous vendor had delivered bulk via a tractor trailer and they were are now not able to deliver because they could not turn the large tractor trailers and our space was limited because the City had added additional sites. I have contacted the vendor, Commercial Chemical Products, and they have agreed to extend their contract for another year with the expiration date of September 30, 2001, at a new cost of $.88 per gallon delivered. This is a $.03 per gallon increase from last years contract. See attached letter dated October 17, 2000 from Commercial Chemical Products. Our estimated annual usage is 23,000 gal. at $.88/gal. for a total of $20,240. Funding from account code 441-5122-536-52.21. If you approve of this one~ye~.~m~ please sign below and return to Purchasing and I willA~ City M?f[at~r ~ the CoJalmission agenda of November 07, 2000. Dan Beatty, Deputy Directo- P~ Utilities Da~e Attachments: Letter from Commercial Chemical Products 1999 Commission Award .OCT 17 ~00 O~:~4PM , Commercial Chemical Products P. October 17, 2000 CITY OF DELRAY BEACH 1(]0 N W. FIRST AVENUE DELRAY BEACH, FL. 33444 Dear JACKLYN ROONFY Thank you again for letting uS bid on the chlo~ne delive~j to your water tmatmeot plants, We still carry all insurance as you require and updated copies are being sent to you Cost of chlorine would be 88 cents per gallon delivered. We are now delivenng once per week and am able to get emergency orders to you wffh 24 to 48 hour notice. We use N.S,F approved chlodne and our trucks carry 1200 gallons at a time We use pumps and hose reels and have had no problems with your deliveries. We look forward to serving you in 2000 2001 as we have in 1999-2000 If you have any questions or concerns please call 1-800-858 7685. Sincerely, Randy Bourbeau, CH Manager ORLANDO DAYTONA · JACKSONVILLE - ST. AUGUSTINE · MELBOURNE ' FORT LAUDERDALE City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: Jackie Rooney DonHaley ..~' Annual Purchase of Sodium Hypochlorite-Bulk Delivery 11-02-99 Please process the paperwork for Commission approval on the above product. We had purchased this product from Jones Chemical who only delivers vi__~a tractor trailers. We now have added sites that only a single axle truck can get to and be able to turn around. I have inquired with the maior chlorine suppliers; they are as follows: Allied Universal- Bernie Greenberg Jones Chemical- Janet Lauterbach P.B.& S Chemical- Klm 1-800-437-8715 em 160 1-800-242-2790 1-800-727-7020 · none of these suppliers deliver in small trucks. The only company I can find is Commercial Chemical Products who submitted a quote.(see 'attached) The amount will be 23,000 gal @ .85/gal = $19,550. Contract date: 10-1-99 thru 9-30-00. Purchase Order period 11-1-99 thru 9-30-00. Account # is 441-5122-536-52.21 cc: Dan Beatty I~EXSR}'OO2~ringersenlmemo format~l l O299rooney. doc Commerc ai Chemical Products August09,1999 Don haley Plant Manager 200 S.W. 6th St. Delray Beach, FI 334-!,4 Mr, Haley, As per our conversation on August 06, 1999; we would appreciate the opportunity to service your four (4) water treatment plants. This would be done at regular intervals in the beginning until a set schedule of once every 10 days could be achieved. Any emergency delivery could be handled in a 24 hour period. We do carry 5 million dollars general liability insurance, Workers compensation on all employees, 5 million dollars pollution insurance and we do use N.S.F. chlorine. Our state of the art delivery trucks hold 1,200 gallons of chlorine and use up to 400 ft. fill lines making it possible to reach almost any location. Cost of chlorine per gallon for this contract would be .85pergallorr ~ delivered. The delivery driver will wear all safety equipment including goggles, gloves, face shield and apron. Please call for any questions about this contract or any other information necessary to complete this agreement. You can contact me at 1-800-858-7665 or on my mobile at (954) 275-4764. Sincerely, Randy Bourbeau General Manager 10595 N.W. 53RD STREET · SUNRISE, FLORIDA 33351 · (954) 742-6133 · FAX (954) 742-6642 AGENDAITEMNUMBER: ~A',-~ AGENDA REQUEST Request to be placed on: November 07, 2000 Date: October 30, 2000 __ Workshop Agenda XX Consent Agenda __ Special Agenda When: Description of agenda item: Contract renewal with Commemial Chemical Products for the pumhase of Sodium Hypochlorite at an estimated annual cost of $20,240. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Award to Commercial Chemical Products for the purchase of Sodium Hypochlorite at an estimated annual cost of $20,240 for the Water Treatment Plant. Funding from account code #441-5122-536-52.21. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all it?~ inv?lvin¥ expenditure of funds): Funding available: Yes '~ No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda(~ Hold Until: (if applicable) No Agenda Coordinator Review: Received: Action: Approved Disapproved 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 C; Danvers Beatty, P.E. Deputy Director of Public November 1, 2000 Emergency Rehabilitation of Gravity Sewer Attached is an Agenda Request and supporting documentation for award of a contract to Insituform Technologies, Inc. for trenchless sanitary sewer rehabilitation of 325 feet of an existing 15" gravity sewer located on NE 2nd Street and NE 4th Avenue. This section of sewer was found to be extremely deteriorated during the work conducted by F.D.O.T. on their storm drain. In an effort to avoid any settlement in the newly reconstructed pavement we need to rehabilitate this line as soon as possible. The work will be performed based on unit prices from the an existing Broward County Contract on file in the Purchasing Division. The total amount of this contract is $19,500.00 and funding is available from R&R Account # 442-5178-536.63.51 Sewer Mains. Please place this item on the November 7,2000 Agenda for consideration by City Commission. CDB/cdb CC: Richard C. Hasko, P.E., Director of Environmental Services Scott Solomon, Manager, Water/Sewer Network Division City Clerks Office Agenda File U:~yDocuments,insituformmem, doc ( lnsituform Technologies, Inc. Worldwide Pipeline Rehabilitation www. insituform, com 2892 Hammock Drive Plant City, FL 33567 Tel: 954-325-3600 Fax: 813-754-4553 gmarshall@insituform.com October 24, 2000 Mr. Scott Solomon, C.T. Manager Water & Sewer Network Delray Beach City of 434 S. Swinton Avenue Delray Beach, FL 33444 Re: Insituform Quote on 15" Sanitary Sewer at N.E 2nd St. and N.E. 4~h Ave. Dear Scott: Insituform Technologies is p eased to offer th~s quote for I'ning of a 15" sanitary sewer. N.E 2nd Street at N.E 4th Avenue 325 LF of 15" x 7.5mm $ 56.00 LF Light cleaning $ 2,00 LF Bypass (if necessary) $ 2.00 LF $18,200.00 $ 65O.OO $ 650.00 Total $ 60.00 LF $19,500.00 Prices are form the existing Broward County Contract. The terms and conditions governing this proposal are as follows: Proposal Inclusions: · Certificate of Insurance with standard coverage · Pre-installation video inspection recorded on VHS tape · Thorough cleaning of the existing pipe prior to installation · Post-installation video inspection recorded on VHS tape · Standard one year warranty · Reinstatement of service connections · Actual field measurements will determine final invoice quantities Proposal Exclusions: · Premiums for special insurance coverage requirements · Point repairs of any collapsed sections of the existing pipe line · Permits · Dewatedng · Disposal site for debris removed during cleaning · Please note that if any hazardous or toxic materials are encountered during the project, the Owner will be responsible for the removal and disposal of the materials · Clearing and stabilization of sewer easement for equipment access. Proposal Terms: · Payment due within 30 days of completion of the project · Partial monthly payments may be requested · Proposal valid for 45 days Mr. Scott Solomon October 24, 2000 Page 2 of 2 LIMITED WARRANTY IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY. WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS CONTRACTOR SUITABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. Mutual Release of Consequential Damages: Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. We appreciate the opportunity to quote on this project, if you have any questions, please call me at 954-325-3600. Respectfully, INSITUFORM TECHNOLOGIES, INC. Gordon Marshall, Regional Representative Owner Acceptance; Date: Please sign and return one copy of this proposal to this office for our files. · -~r-~ ...... "~' -~ 'r'~?~ri-~'-~ ;.~_ ...... ~ -~ ~" ~ .....~ ~ i * ~ .... r-'--~---~ ~--~ ~ ....... ~ 14, "" .... : · -'- .... A T L A N T I C A V E ~~~, {~ C~ of DELRAY BEACH N.E. 2ND STREET DAb:Il-l-00 E~~ ~ ~P~ SEWER REHABILITATION E=NDSE~EHa~ ~~a~Y~~ ?000-20C AGENDA REQUEST Agenda Item No. f'AA'~ Request to be placed on: X Regular Agenda -- Special Agenda --Workshop Agenda Date: November 1, 2000 When: November 7, 2000 Description of item (who, what, where, how much): Staff requests Commission award of a contract to Insituform Technoloqies, Inc. for trenchless sanitary sewer rehabilitation of 325 feet of an existing 15" gravity sewer located on NE 2'~d Street and NE 4~ Avenue. The work will be performed based on unit prices from the an existing Broward County Contract on file in the Purchasing Division. The total amount of thi~ contract is $19,500.00 and funding is available from R&R Account % 442- 5178-536.63.51 Sewer Mains. ORDINANCE/RESOLUTION REQUIRED: YES/N__~O DRAFT ATTACHED YES/N__gO Recommendation: Staff recommends award of a contract to Insituform Technologies, Inc. off the Broward County Contract in the amount $19,500.00. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): City Manager Review: Approved for agenda: Hold Until: Budget Director Review (required on all items involving expenditure funds ): Funding available:~NO Funding alternatives (if applicable) Account No. & D~scription Account Ba 1 ance~/o~/ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved of C:\My Document s \ s ys t em5. AG. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: THRU: FROM: SUBJECT: DATE: www. delrayesd, com DAVID T. HARDEN, CITY MANAGER RANDAL KREJCAREK, P.E., CITY ENGINEER ~)~ WILLIAM A. GRIEVE, CIVIL ENGINEER ;,iQ aR Royal Palm Blvd. Paving and Drainage Improvements Project No. 99-037 NOVEMBER 1, 2000 Attached is the agenda request for Commission to award the Royal Palm Blvd. Paving and Drainage Improvements contract. The work generally consists of the following: Construction of water main, sanitary sewer collection system, and storm water management improvements. Construction also includes clearing and grubbing, asphaltic concrete pavement and concrete sidewalk, roadside swale, curbing, landscaping, and associated miscellaneous improvements. Attached is the bid tabulation and Location Map for the referenced project. The lowest responsible, responsive bidder for this project was Chaz Equipment Company, Inc. with a bid of $197,926.00. Funding Source Water/Sewer Storm Water Utility Account Number 442-5178-536-65.04 448-5461-538-65.04 Amount $72,590.00 $125,336.00 If acceptable, please place this item on the November 7, 2000 Commission meeting for Commission approval. Attachment CCi Richard Hasko, P.E., Director ofEnv. Svcs. Dan Beatty, P.E., Deputy Dir. of Public Utilities Joseph Safford, Finance Director file: 99-037 (A) oOA,q. ~' \\ESSRV002\DEPARTMENTS\EngAdmin~Proj ects\ 1999\99-037\CONTRACTxAGENMEMO.d°c LAKE IDA ROAD CITY of DELRAY BEACH ENVFIONMENTAL SERVICES DEPARTMENT ROYAL PALM BLVD. LOCATION MAP RPLOCMAP Agenda Item No.: AGENDA REQUEST DATE: October 31,2000 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda When: November 7, 2000 Description of item (who, what, where, how much) Award of the contract to Chez Equipment Company, Inc. in the amount of $197,926.00 for the Royal Palm Blvd. Paving and Drainage Improvements, Project #99-037. The funding for this project will be provided from the following account: Funding Source Water/Sewer Storm Water Utility ORDINANCE/RESOLUTION REQUIRED: YES/NO Account Number 442-5178-536-65.04 448-5461-538-65.04 DRAFT A']-I'ACHED YES/NO Amount $72,590.00 %~/ $125,336.00 . /~/ ~.~ Recommendation: Staff recommends award of Project No. 99-037 Royal Palm Blvd. Paving and Drainage Improveme~t.~ Chaz.~gl~ment Company. Department Head / ~ :-/"'~ .~/J ~L/~. ( ~ Signature: ~, ~_.~J~/~,.__~.'--~,~O ~ //-f-~'~ with a bid in the amount of $197,926.00. Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding availablo~NO Funding alternative'~'~ (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 99-037(A) projects/99-037/contract/agenda.doc ENVIRONMENTAL SERVICES DEPARTMENT MEMORANDUM To: From: Date: Subject: David T. Harden City Manager Howard Wight /~// Dep. Dir. Constru~n NoYember 1,2000 AGENDA REQUEST for 11/07/00 Lake Ida Road FM Relocation (99-19) Sabal Lakes/Lake Forest Water Main Crossing (00-69) Bid Award/Contract Addition Attached is an Agenda Request for City Commission to award a Contract to the lowest bidder on the above referenced projects, Intrastate Construction Corporation, in the amount of $162,310.00 (bid tab attached). A review of their references for this type of work proved favorable. A request is also made for a Contract Deletion (C.O. #1) in the amount of -$74,000.00. C.O. #1 eliminates bid item #3, "Construct 8" DIP aerial WM canal crossing" at Sabal Lakes/Lake Forest (PN 00-69). The $74,000.00 unit price is above the budgeted amount of $50,000. The aerial crossing will be incorporated into the Davis Rd/Lone Pine Water Main project (00-07) to be constructed later this fiscal year. -Funding is available from 442-5178-536-65.18 (Lake Ida Road Utility Relocations) CC: Dan Beatty Jenifer Spagnoii Randall Krejcarek File 00-69 (A) s\...\0069~agmembidawa rd- nl ;o 0 0 z (~ 'I] z 0 m "o 0 I'll 0 o o PROPOSAL Proposal of (BID FORM) ( (Contractor) (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Con- tract Documents for the Project entitled: LAKE IDA ROAD 18" FORCE MAIN RELOCATION AND SABAL LAKES/LAKE FOREST WATER MAIN CANAL CROSSING CITY OF DELRAY BEACH PROJECT NO. 99-019 AND 2000-069 Purchasing Officer City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will re- main open for sixty (60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. P-1 In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the following addenda: Number Date ~) , Number Date receipt of all of which is hereby acknowledged and also copies of the Advertise- ment for Bids and the Instructions to Bidders; Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regula- tions) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. This Bid is genuine and not made in the interest of or on behalf of any undis- closed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corpo- ration to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no City offi- cial nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the firm per- forming the work, or to the profits resulting from the work. [Remainder of this page left blank intentionally] P-2 Bidder agrees that the Work will be substantially completed within 75 calendar days after the date when the Contract Time commences to run, and completed within 15 calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. The undersigned agrees as follows: Accompanying this Proposal is a certified check, cashier's check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for payable to the City of Delray Beach which is to be forfeited if, in the event that this Pro- posal is accepted, the undersigned shall fail to execute the contract and fumish satisfac- tory Contract Security and furnish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. The terms used in this Bid which are defined in the General Conditions of the Construc- tion Contract included as part of the Contract Documents have the meanings assigned tO them in the General Conditions. Submitted on [~klf~dt ~.<~- ©~,, o~CCC3 a.) (If an individual, partnership, or non-incorporated organization) b.) Co,pc, rate Seal (If a corporation) Signature of Bidder By Address of Bidder Incorporated under the laws of the State of ~'~Cy~l' c-~'x. c.) Certificate of Competency number ~. P-4 d.) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: Signature ofBidde~DD ~ NameJ Title Business Address Incorporated under the laws of the State of ~"'\ [Remainder of this page left blank intentionally] P-5 CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 PROJECT NO. 00-69/99-19 DATE: PROJECT TITLE: Lake Ida Road FM Relocation (99-19) and Sabal Lakes/Lake Forest Water Main Crossing (00-69) TO CONTRACTOR: Intrastate Construction Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION Delete scope of work included in Contract Item #3 ("Construct 8" DIP aerial WM canal crossing") SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT DECREASE THIS CHANNGE ORDER -45.6% TOTAL PER CENT DECREASE TO DATE 91.9 % $162,310.00 $0.00 $162,310.00 -$74,000.00 $ 88,310.00 CERTIFIED STATEMENT: I hereby certify that the supporting ~ost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Intrastate Construction Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Environmental Services Funding is available from 442-5178-536-65.18 (Lake Ida Utility Relocations)) DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services By: Mayor APPROVED: ATTEST: By: City Attorney City Clerk Agenda Item No..~,~1~" AGENDA REQUEST Request to be placed on: Date: November 1, 2000 X Regular Agenda Special Agenda Workshop Agenda When: November 7, 2000 Description of item (who, what, where, how much): Attached is an Agenda Request for City Commission to award a Contract to the lowest bidder on the Lake Ida Road FM Relocation (99-19) and Sabal Lakes/Lake Forest Water Main Crossing (00-69) projects to Intrastate Construction Corporation, in the amount of $162,310.00 (bid tab attached). A review of their references for this type of work proved favorable. A request is also made for a Contract Deletion (C.O. #1) in the amount of -$74,000.00. C.O. #1 eliminates bid item #3, "Construct 8" DIP aerial WM canal crossing" at Sabal Lakes/Lake Forest (PN 00- 69). The $74,000.00 unit price is above the budgeted amount of $50,000. The aerial crossing will be incorporated into the Davis Rd/Lone Pine Water Main project (00-07) to be constructed later in the fiscal year. Funding is available from 442-5178-536-65.18 (Lake Ida Road Utility Relocations) ORDINANCE/RESOLUTION REQUIRED: Not're'ibis:ed. Recommendation: Staff recommends approval of Contract and Contract Deletion (C.O. #1) to Intrastate Construction. Department head signature: ~,~~~_ (7~,~ //~ ~_~.~ ////~ ~. / · Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: '~NO ~ ~.'~\~ Funding alternatives (if applicable): Account No. & Description ~q,~,~$\r~_ (0~. ~'~ Account Balance ~0~)~0 DO .00 City Manager Review: Approved for agenda: '~NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Approved/Disapproved Action: s:\..30069~agreq110700 PURCHASING DIVISION MEMORANDUM TO: David T. Harden, City Manager FROM: Jennifer Schillace, Buyer THROUGH: Joseph S~ance Director DATE: October 26, 2000 SUBJECT: DOCUMENTATION CITY COMMISSION MEETING, NOVEMBER 7, 2000 APPROVE RENEWAL OF THE ANNUAL SOFTWARE MAINTENANCE AGREEMENT TO HTE FOR THE DELRAY BEACH POLICE DEPARTMENT. ITEM BEFORE COMMISSION: The City Commission is requested to approve the renewal of the HTE annual software maintenance agreement for the period of October 1, 2000 through September 30, 2001 being utilized at the Delray Beach Police Department. The cost of this one-year software maintenance agreement is $55,592.00. BACKGROUND: The Delray Beach Police Department is currently using HTE for software maintenance on the following items; atomic clock, bar coding, CAD III, crackdown, crimes management, E-911, field incident reporting, customer support & product, fire prevention system, fire management, mapping, parking management, CAD redundancy, State NClC. Administrative Services Director Junghans is requesting that City Commission approve the renewal of the one-year maintenance agreement with HTE for the period of October 1, 2000 through September 30, 2001 for a total cost of $55,592.00. I have attached a copy of the quote from HTE for your reference. RECOMMENDATIONS: The Purchasing staff and the Administrative Services Director at the Delray Beach Police Department recommend the renewal of the one-year maintenance agreement to HTE for $55,592.00. Funding for this purchase will be taken from account number 001-2113-521-4690. Attachments I~ cc: Jacklyn Rooney, Purchasing Superviso David Junghans, Administrative Services Director Headquarters: 1000 Business Center Drive Lake Mar7, FL 32746 4 (407) 30 323> Application Solutions for Government SERVICE INVOICE 08/3 /00 563644 DELR Contract 3065 NET 30 City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Doc Type: MA A/~-NUAL MAINTENANCE FEES FOR THE PERIOD OF OCTOBER 1,2000 .THROUGH SEPTEMBER 30, 2001 ON THE FOLLOWING: ATOMIC CLOCK BAN CODING CAD III CRACKDOWN CRIMES MGMT E-911 FIELD INCIDENT REPORTING CUSTOMER SUPPORT & PRODUCT FIRE PREVENTION SYSTEM FIRES MGMT MAPPING PARKING MGMT CAD REDUNDANCY STATE/NCIC 414.00 885.00 13284.00 3188.00 6557.00 1770.00 2531.00 5289.00 2127.00 5315.00 5061.00 3188.00 3188.00 2795.00 REMIT PAYMENT TO: HTE, INC. · RO. Box 116195 · ATLANTA, GA 30368-6195 $55,592.00 AGENDAITEMNUMBER: ~' ~' ~ Request to be placed on: XX Consent Agenda When: November 7, 2000 Description of agenda item: AGENDA REQUEST Special Agenda Date: October 26, 2000 __ Workshop Agenda The City Commission is requested to approve the renewal of the HTE annual software maintenance agreement for the period of October 1, 2000 through September 30, 2001 being utilized at the Delray Beach Police Department. The cost of this one-year software maintenance agreement is $55,592.00. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Administrative Services Director Junghans at the Delray Beach Police Department is requesting that City Commission approve the renewal of the HTE annual software maintenance agreement for the period of October 1, 2000 through September 30, 2001. The cost of this one-year software maintenance agreement is $55,592.00. Funding for this agreement is to be taken from account number 001-2113-521-4690 Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items invjolvir~g expenditure of funds): ~unoing available: Yes -~ J ~' No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda: (~ Hold Until: Agenda Coordinator Review: Received: Action: Approved (if applicable) No Disapproved P.O. NUMBER: MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor(~ Joseph Saf~nance Director October 30, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETiNG NOVEMBER 07, 2000 - PURCHASE APPROVAL GLOCK FIREARMS FOR THE POLICE DEPARTMENT FROM ACADEMY INDOOR GUN RANGE, INC. Item Before Commission: City Commission is requested to approve purchase of forty (40) Glock Handguns from Academy Indoor Gun Range Inc. at a total cost of $16,680. Background: City Commission on January 19, 1999, approved the purchase of new replacement duty handguns for the Police Department from the 9mm pistol to the .40 cal. Pistol with the meprolight night sights. The Police Department is requesting the purchase of forty (40) additional .40 gal handguns to complete this transition. Once these handguns are received the qualified personnel will all be carrying the same type weapon. Quotes were requested from three (3) vendors for the purchase of these handguns. Quotes received were as follows (copies of quotes attached for your review): Vendor Academy Indoor Gun Range Inc. Glock Inc. Lawmen's & Shooters Unit Price $417.00 ea. $422.00 ea. No Bid The Delray Beach Department recommends the purchase of these handguns from Academy Indoor Gun Range, Inc. for a total amount of $16,680. See attached memo from the Administrative Services Director dated October 30, 2000. After the replacement is complete and the vendor receives all the old handguns, a credit will be issued to the City Recommendation: Staff recommends approval for the purchase of forty (4) Glock .40 cal. Handguns from Academy Indoor Gun Range Inc. for a total amount of $16,680. Funding from account code 001-1211- 521-52.27. DELRAY BF~CH Delray Beach .Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 )993 MEMORANDUM TO: FROM: Jackie Rooney Buyer _~"~ , David Junghar~/~ ~ Administrative Servtep~ Director DATE: October 30, 2000 SUBJECT: PURCHASE OF REPLACEMENT WEAPONS This is for the purchase of the remaining replacement weapons for Distdct I. Over the last two years the City has replacement the former service weapon, the 9-mm Smith & Wesson, with the 40-cal. Glock handgun. We have selected Academy Indoor Gun Range over Glock, Inc. because of the pdce per weapon, and the trade-in amount per weapon. Lawmen's & Shooters' was a no quote. The pricing information is available in the quotes that have already been provided. Should you have any questions, please call me at extension 7852. DJ/rmh DELAY BEACH POLICE DEPARTMENT MEMORANDUM TO: DAVID JUNGHANS ADMINISTRATIVE DIRECTOR FROM: SGT. DONALD W. WEST ~ DISTRICT THREE/ALPHA DAYS DATE: October 4, 2000 SUBJECT: 2000 PRICE QUOTES-GLOCK FIREARMS I HAVE RECEIVED TWO PRICE QUOTES FOR THE PURCHASE OF THE GLOCK FIREARMS FROM THE FOLLOWING VENDORS: GLOCK,INC.-BO WOODS GLOCK 22/23/27- $422.00 S & W TRADE- $180.00 ACADEMY INDOOR GUN RANGE-JACK DILTS GLOCK 22/23/2% $417.00 S & W TRADE- $190.00 PLEASE NOTIFY ME WHICH VENDOR TO PLACE THE ORDER WITH. ALSO, IF YOU CAN COMPLETE THE PURCHASE ORDER AND NOTIFY ME WHEN YOU HAVE RECEIVED IT.I WILL BE CONTACTING EACH OFFICER IN DISTICT ONE AND ANY OTHER OFFICER WHO HAS NOT RECEIVED A GLOCK FIREARM ISSUED BY THE DBPD. I HAVE ATTACHED THE TWO QUOTES WITH THIS MEMO. 09/12/2000 i0:36 5618407476 ACADEHY INDOOR Academy Indoor Gun Range, Inc. 3750 Investment Lane * West Palm Beach, FL 33404 (561) 840 -8664 · FAX (561) 840- 7476 Law Enfomement & General Public Sa1¢$ CLP. SS !I! DEALER www.academyindoor, cem September 12, 2000 PAGE Sgt. Don West Delray Beach Police Department 300 West Atlantic Ave. Delray Beach, Florida 33¥.~. Pricing for items requested: GIock Model 22, 23, or 27 $417.00 each F.E.T. exempt Includes: three (3) high capacity magazines per firearm for model 22 or 23 two (2) nine round magazines for the model 27 - five (5) pound trigger pull meprolight night sights Smith & Wesson Model 6~9, 669 with one hi-cap magazine per firearm Thank You, Jack DIIts, President/General Manager $190.00 each 0~15/2000 11:03 4072814770 PAGE s,oc , PERFECTION 01 Bo Wood - District Manager PO Box 721299 Orlando, FL, 32872-1299 'lei (407) 273-0963 Fax (407) 281-47"70 Delray Beach Police Dept. Date: 9/15/00 300 West Atlantic Ave. Quote # 4 Delray Beach FI. 33444-3695 Atten: Sgt. Don West Quotation ValidReferenceFrom:; DRBPD919/15100 500 Ph~ 561-243-6888 Valid To: 3115/01 F,ax~, 561-243-7816 . .~.. , Delivery: Delivery Via: F.O.B.: Terms: 60 Days ARO Best Way Destination Net 30 Item # Qty Des. c..n.'pfion Unit..C. ost Extension 1 40 Glock Models 22,23,27,with 5lb tfigg; $42200 $16,880.00 Meprolight night sights and 3 L.E. Only mags for G22 & G23s, NOTE: G27 will have 2 mags TRADE-ALLOWANCE 2 40 S&W model 659/669 with 1 mag eac~ ($18000) ($7,200.00) Departmental prices do ~ot include sales tax or r-e. l- where applicable, Prices are Net 30 da~s for each invoice. Deductions will be made if trade pistols are not as specified. Pistols must be ~ompiete with magazines, sightS and grips. Totsi Trade or e~,ange pistols must be turned in wifllin 60 days after receipt Um~ed Lifetime Warranty on parts including postage, labor and replacement parrs - faclary ammunition only. Auth~rize~LSignjature FL~tric~ed IF Magazines may not be returned with trade-in pistols. (Exception: Glock pistols) Date Request to be placed on: __X Consent Agenda When: ~0 AGENDAITEM NUMBER: AGENDA REQUEST Date: October 30, 2000 Workshop Agenda P.O. # Account Balance: City Manager Review: Approved for agenda: ~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved __ Special Agenda Description of agenda item: Request City Commission's approval on the purchase of the last replacement Department weapons. The purchase is a continuation of a program that was begun in F/Y 1998/99, and will end with the purchase of these weapons. Amount of the purchase is $16,680.00. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft of resolution Attached: YES. NO Recommendation: Approve Department Head Signature: Determination of ConsistencY with ~mp~p~nS.~e plian:TL'(ch~,.G.~l~rman, _Polce Chief City Attomey Review/Recommendation (if applicable): Budget Director Review (required on .all iten~s involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: Account Number: 001-2111-521-52.27 Account Description: Equipment under $750.00 PURCHASING DIVISION MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager Jennifer Schillace, Buyer Joseph Saffo~nance Director October 27, 2000 DOCUMENTATION CITY COMMISSION MEETING, NOVEMBER 7, 2000 APPROVE CONTINUATION OF LEASE FOR SlX UNDERCOVER VEHICLES FROM MEARS MOTOR LEASING. ITEM BEFORE COMMISSION: City Commission is requested to approve the continuation of a one year lease of six (6) unmarked vehicles for the Police Department's Vice, Intelligence and Narcotics Unit through Mears Motor Leasing for a total amount of $37,090. BACKGROUND: The Delray Beach Police Department has been leasing six (6) unmarked vehicles for the Vice, Intelligence and Narcotics Section of the Police Department since 1996. This is an ongoing program, approximately four (4) years, that allows the Vice, Intelligence and Narcotics Section to operate without the use of police or City owned vehicles. Additionally, the program allows the Vice, Intelligence and Narcotics personnel the ability to quickly exchange the vehicle should it become identified as something used for police work Administrative Services Director Junghans recommends that City Commission approve the renewal of the one-year lease agreement with Mears Motor Leasing for a total amount of $37,090. Please see the attached recommendation memo from Director Junghans dated October 22, 2000. RECOMMENDATIONS: The Purchasing staff and Director Junghans recommend the one year lease agreement with Mears Motor Leasing for the lease of six (6) unmarked vehicles for a total cost of $37,090. Funding for this purchase will be taken from account 001-2115-521-4440. Attachments cc: Jacklyn Rooney, Purchasing Supervisor(~' David Junghans, Administrative Services D~rector Delray Beach olice Department 300 West Atlantic Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 MEMORANDUM TO: FROM: DATE: SUBJECT: Jennifer Schillace Buyer David Junghans ~'"~ ( Administrative Services Dire~/~ October 22, 2000 ~"-'/ (~ LEASE OF UNDERCOVER VEHICLL=~ ~' This is for the renewal of our lease agreement with Meats Motor Leasing for the lease of six (6) unmarked vehicles to be used by the Department's Vice, Intelligence and Narcotics (V.I.N.) Section. This is an ongoing program, approximately four (4) years, that allows the V.I.N. Section to operate without the use of police or City owned vehicles. Additionally, the program allows the V.I.N. personnel the ability to quickly exchange the vehicle should it become identified as something used for police work. Should you have any questions, please call me at extension 7852. DJ/rmh .j. a~LL be ~OMfM~:i default m ~ pa~ O? I.ESS~. ~ triLL I~ r"~'~tb~ 'F~ aLL ~ a~l ~:~fm arlsfng vht~h ~ ~y hecom L.f~,,Le .~ p~y m. coL,t.~, ¥1th ~ ~ aLL ~, ~{m ~ ~'~ ~ 1 the the amd ~tgr~i b~ ~ ~LL ~ ~ ~ rl~ ~ ml~ mls ~ ~ ~ tn~ ~n aLL ~ ~ ~ mf~ ~. h ~9c~ ~LL ~ h ~ tn v~oLncl~ ~ ~ ~raL, a~, ~ ~ ~f~ J~1~t~ ~ ~ ~r~ ~ F~I~' ~.~ ~LL ~ ~ Lld~ m ~ f~ eLL ~ ELL ~f~T, ~, ~, ~{t~f~, ~, ~. ~ a~ ~ f~ ~ ~1~ ~ DELRAY B~ACH AiI-AmericaC~ 1993 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 MEMORANDUM TO: David T. Harden, City Manager FROM: ~>l~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM # CITY COMMISSION MEETING 2/21/95 APPROVAL VEHICLE LEASE FOR VIN SECTION DATE: February 16, 1995 ACTION City Commission is requested to approve a one year lease agreement with Mears Motor Leasing for six vehicles to be utilized by the Vice Intelligence and Narcot/cs Section in the mount of $30,960. Funding to come from account number 001-2115-521-44.~-- BACKGROUND The Police Department currently utilizes six vehicles for undercover work. Five of these vehicles are owned by thc City and one vehicle is leased. The City owned vehicles are on a normal seven year replacement cycle. In the past, the department has been able to utilize confiscated vehicles for this work which permitted flexibility in turnover of vehicles. However, this option has become almost non-existent. The problem with own/ng vehicles is turnover frequency. Use of a vehicle for undercover work over a one year period seriously compromises the ability of agents to do their job, as the vehicles being used become known by the criminals. In addition, officer safety is compromised. The department currently rents one vehicle at a cost of $575 per month from Consumer Car Rental. This vendor has indicated tha[ the price to lease vehicles would be the same as the current rental charge. Other vendors were contacted and the average price quoted was $500 ~ $600 per vehicle. THE EFFORT ALWAYS MATTERS Agenda Item # Page 2 The Meats Motor Leasing proposal at $430 per vehicle/per month will allow the department to turn these vehicles over every six months. The mileage allowance is within current average use. The City garage estimates salvage value of the City vehicles that will be replaced at $31,600. Lease payments would be made to the vendor versus the City Garage. The current rental charge for these vehicles with the City garage is $575 per month. We feel that the lease option is appropriate for this use (i.e., undercover work). RECOMMENDATION Approve lease of six vehicles from Mears Motor Leasing at $430 per vehicle/per month, total cost $30,960. File:g:agenda Doc.:Vehicles,VIN Request to be placed on: __X Consent Agenda When: ~ AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Date: October 23, 2000 __ Workshop Agenda Description of agenda item: Request City Commission's approval on the lease of six (6) vehicle for the Department's undercover unit. The lease is a continuation of a program that was begun in 1996 and has continued with Meats Motor Lease. Amount of annul lease is $ 37,090.00 and is funded through the annual budget. ORDINANCE/RESOLUTION REQUIRED: YES __ __ NO __ Draft of resolution Attached: YES NO X Recommendation: Approve Department Head Signature: R~chard~e~P°lice Chief Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items ipvohfing expenditure of funds): Funding available: Yes ~ ~ No Funding alternatives: Account Number: Oo1 -- ~ L~ --- ~Z-) '- ~ ~ ~ Account Description: Account Balance: City Manager Review: Approved for agenda: Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~'~ ' - REGULAR MF.F. TING OF NOVEMBER 7, 2000 WAIVER & CONDITIONAL USE REQUESTS FOR STEAL'I'll TI~.I.F. COMMUNICATIONS TOWER AT DELRAY~S LOST DRIVE-IN NOVEMBER 2, 2000 This item is before the City Commission for consideration at a quasi-judicial proceeding. The attached staff report presents an analysis of the request along with the action recommended by both the Planning staff and the Planning and Zoning Board. recommend that this request be denied for the following reasons: Although our code permits waivers, in general I believe waivers are not good policy. They are easily abused and can lead to arbitrary and capricious decisions. If we believe something the code does not permit is a good idea, then we should change the code. 2. Telecornmumcafions towers are not a permitted use in the General Commercial zoning district. Therefore it seems to me that to waive the locational requirements for such towers is, in fact, a land use waiver which is not permitted by LDR Section 2.4.703)(5). The cormrnssion should consult with the City Attorney on this point. 3. There is no way a pole that is four feet in diameter is going to really look like a flagpole. Therefore to me it is not really a stealth antenna. Ref:Agmemol 6.Telcom. Tower Request. Lost Drive-In TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAG~R~ -. ., ~ ~ PAUL DORLING, ACTING PLANNING AND ZONINC~DJlRECTOR SCOTT D. PAPE, SENIOR PLANNER.//'~ MEETING OF NOVEMBER 7, 2000 CONDITIONAL USE REQUEST TO ESTABLISH A 90'-HIGH STEALTH TELECOMMUNICATION TOWER (FLAGPOLE) AT DELRAY'S LOST DRIVE-IN ALONG WITH TWO WAIVER REQUESTS~ ONE TO THE LOCATIONAL REQUIREMENTS OI- TELECOMMUNICATION TOWERS AND THE OTHER TO THE 8' HIGH FENC"- REQUIREMENT AT THE BASE OF TELECOMMUNICATION TOWERS. The applicant has submitted a conditional use request to allow a 90'-high stealth telecommunication tower (flagpole) at the Delray Lost Drive-in site (7.78 acres). The telecommunication tower (flagpole) is proposed on the north side of the existing 44' high building and will be topped by a 20' x 38' American flag. The site is located within the GC (General Commercial) zoning district which does not allow communication towers. Pursuant to LDR Section 4.3.3(S)(7)(a)(1) [Waiver of Locational Restrictions], the City Commission may waive the Iocational requirements if the location is deemed more appropriate than sites which comply with the zoning and separation requirements. The finding that the location is more appropriate is based on factors such as distances from residential uses, existence of permanent screening or buffers, and location within a large-scale non-residential area. A waiver has been requested based on the large parcel size allowing a significant distance (approximately 365' to Kokomo Key and approximately 550' to the Town of Gulfstream) to adjacent residential areas, buffering from the residential areas to the south by the existing 44' high building, and its location within a predominantly non-residential area. At its meeting of October 16, 2000, the Planning and Zoning Board held a public hearing in conjunction with the request. Many residents of Kokomo Key and adjacent North Federal neighborhoods spoke in opposition to the requests based on aesthetic and health concerns. The City has also received numerous petitions, letters, and telephone calls in opposition to the proposal. During the public hearing the applicant agreed to reduce the proposed tower height from 90' to 80' and the flag size from 20' by 38' to 10' by 15' to mitigate the neighborhood concerns. After discussing the proposal, the Board voted to recommend approval of the Iocational and fence waivers. With respect to the conditional use request, the Board's motion for approval failed on a 2 to 2 vote (Stark and Bird dissenting). Staff's Recommended Action: Waivers: Approve a waiver to LDR Section 4.3.3(S)(2)(b), to waive the Iocational requirements for telecommunication towers and antennas and allow telecommunication towers to be located within the GC zone district at Delray's Lost Drive-in, based on positive findings with respect to LDR Section 4.3.3(S)(7)(a)(1) and Section 2.4.7(B)(5). 2. Approve a waiver to LDR Section 4.3.3(S)(2)(e)(3)(a), to waive the required fence or wall enclosure around a telecommunication facility, subject to provision of a foundation planter for the tower, based on positive findings with respect to LDR Section 2.4.7(B)(5). Conditional Use: Recommend to the City Commission approval of the Conditiona~ Use request to establish a 80'-high stealth (flagpole) telecommunication tower at Delray's Lost Drive-In, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That any tower lighting is extinguished between 11:00 p.m. and dusk the following day. 2. That a foundation planter is provided around the tower. 3. That prior to issuance of a building permit, an executed joint use agreement or statement of intent must be provided stating that the tower owner shall offer space on the tower to one additional carrier with fair, reasonable, nondiscriminatory terms, at fair market value, and commit to negotiate leases promptly and without undue delay. 4. That a site plan modification be processed with the site plan to be in general conformance with the sketch plan, which addresses the access and landscaping issues identified in the report. 5. That the notations regarding abandonment of the access easement along the north side of the property and replacement easement shall be removed from the conceptual plan. 6. That the applicant shall submit a recorded access easement to the lease area. 7. That the applicant shall submit copies of notification letters to all potential users of the new tower. 8. That the flag shall be a maximum of 10' by 15'. Planninfl and Zonin;I Board's Recommended Action: Waivers: 1. Approve a waiver to LDR Section 4.3.3(S)(2)(b), to waive the Iocational requirements for telecommunication towers and antennas, based on positive findings with respect to LDR Section 4.3.3(S)(7)(a)(1) and Section 2.4.7(B)(5). 2. Approve a waiver to LDR Section 4.3.3(S)(2)(e)(3)(a), to waive the required fence or wall enclosure around a telecommunication facility, subject to provision of a foundation planter for the tower, based on a positive finding with respect to LDR Section 2.4.7(B)(5). Conditional Use: Deny the conditional use for a 90'-high stealth telecommunication tower at the subject property, based on a failure to make positive findings with respect to Chapter 3 (Performance Standards) and LDR Section 2.4.5(E)(5) [Conditional Use Findings], and the Policies of the Comprehensive Plan. Attachments: P& Z Staff Report and Documentation of October 16, 2000 Four letters in opposition to the conditional use application 71 petitions of opposition to the conditional use application PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: October 16, 2000 III.E. Conditional Use Request to Allow the Installation of an 90' High Stealth Communication Tower at Delray's Lost Drive-In, Located on the East Side of North Federal Highway, Approximately 500' North of Allen Avenue. GENERAL DATA: Owner ............................. Drive-In Theatres of FI_A, Inc. Applicant ......................... Site Concepts, Inc. Agent .............................. Mark Ciarfilla Location .......................... East side of Federal Highway, Property Size .................. Existing Future Land Use Map Designation ..... approximately 500 feet north of Allen Avenue. 7.0 Acres General Commercial Current Zoning ............... GC (General Commercial) Adjacent Zoning...North: AC (Automotive Commercial) East: Town of Gulf Stream South: West: Existing Land Use .......... Proposed Land Use ....... Water Service ................. Sewer Service ................ RM (Medium Density Residential) GC Flea Market Conditional Use Request to allow the installation of an 90' high stealth communications tower on a leased parcel lying within the Delray's Lost Drive-In Site. N/A N/A III.E. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request to establish a 90'-high stealth (flagpole) communication tower at Delray's Lost Drive-In, pursuant to Section 2.4.5(E). The subject property is located on the east side of Federal Highway, approximately 500' north of Allen Avenue (2001 North Federal Highway). The subject property contains a total of 7.78 acres. There is a 15' easement through the property, which provides access to a rear parcel containing the "Second Chance Emporium". There is also an easement on the property, which provides access to the Florida Inland Navigation District (FIND) parcel to the rear. The Swap Shop property has an extensive land use history since its development in 1957. The following are the most recent actions to occur on the property. On March 6, 1998, a Conditional Use Modification Application was submitted for redevelopment and expansion of the Swap Shop. The proposal included the concepts derived from the North Federal Highway Redevelopment Plan Charrette and addressed many of the earlier concerns with the project. The concerns centered on inadequate parking and the general aesthetics of the use. The name of the project was changed to the Delray's "Lost Drive-In." On July 22, 1998, the Site Plan Review and Appearance Board (SPR^B) approved a Class IV Site Plan Modification for redevelopment and expansion of the Delray's Lost Drive-In. The Landscape Plan for the project was tabled and later approved on October 7, 1998. One of the conditions of the site plan approval was to obtain agreements with adjacent property owners to relocate two existing access easements on the site. A 30' easement on the south side of the site which provided access to the F.I.N.D. property and a 15' easement on the north side of the site which provided access to the "Second Chance Emporium". The approved site plan placed the easements within newly proposed 24' wide access drives and parking lot aisles. While negotiating with the owners of the two easements, F.I.N.D. indicated that it required a 30' unobstructed easement to accommodate its equipment and the Second Chance Emporium required 30' where parking spaces back out into the easement. Following approval of the revised site plan, the owners of the Second Chance Emporium changed their minds and would not allow their easement to be relocated. The applicant submitted a revised site plan accommodating the existing 15' easement it its current location, which was approved by the SPRAB Board on May 19, 1999. A plat for the project was approved by the City Commission on January 18, 2000. To date, it appears the plat has not been recorded, its recordation is attached as a condition of this approval. The applicant has submitted a conditional use application to allow a 90'-high telecommunication tower at the subject property and is now before the Board for action. Planning and Zoning Board Staff Report Delray's Lost Drive-In Communication Tower - Conditional Use Approval Page 2 The development proposal is to construct a stealth telecommunication facility for AT&T, which incorporates the following: [3 Construction of a 90'-high flagpole/stealth communication tower along the north side of the existing building, which will the co-location by two telecommunication companies; [] Installation of the associated 300-square foot equipment shed adjacent to the flagpole; and, [3 Provision of a 20'-wide access easement from Federal Highway to the new equipment shed and flagpole. The conditional use application includes waiver requests to the following sections of the City's Land Development Regulations: 1. LDR Section 4.3.3(S)(7)(a)(1), which allows for a waiver from the Iocational requirements for telecommunication towers and antennas by the City Commission. 2. LDR Section 4.3.3(S)(2)(e)(3)(a), which requires an eight-foot high fence or wall around the base of a telecommunication tower. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a GC (General Commemial) Future Land Use Map designation and Zoning District Map designation, which are consistent with each other. A free standing telecommunication facility is not an allowed use in the GC zone district, The applicant is requesting a waiver of the Iocational requirements pursuant to LDR Section 4.3.3(S)(7)(a)(1) and Section 2.4.7(B). ^ positive finding can only be made with respect to consistency with the Future Land Use Map if the waivers are approved by the City Commission. Planning and Zoning Board Staff Report Delray's Lost Drive-In Communication Tower - Conditional Use Approval Page 3 LDR Section 2.4.7(B): Waiver Analysis: The City Commission may waive the requirements of this section pursuant to the authority granted in Section 2.4.7 (B), subject to a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. LDR Section 4.3.3(S)(7)(a)(t): Waiver Analysis: The following finding listed in LDR Section 4.3.3(S)(7)(a)(1)[VVaiver], is applicable to the nature of the waiver and must also be made: "That approval of the waiver will allow for the construction of a facility at a location that is more appropriate than sites which comply with the zoning and separation requirements, based upon factors such as its distance from residential uses, existence of permanent screening or buffers, and location within a large-scale non-residential area." The proposed tower is located approximately 365' from the nearest residential development (Kokomo Key). The 90'-high tower is also buffered from the residential development by the existing 44'-high building. Considering the size of the subject property (7.78 acres) and distances from the public right-of-way (approximately 345' to Federal Highway) and adjacent residential uses the proposed tower is consistent with the scale of the existing development. Based on the above, it appears appropriate to make a positive finding with respect to the waiver from the location requirement for telecommunication towers, thereby, allowing the 90'-high stealth telecommunication tower in the GC (General Commercial) zone district. The adjacent neighborhoods have been notified of the proposed telecommunication facility. The City Commission should consider testimony during the public hearing together with staffs recommendation to determine whether a positive finding can be made with respect to the aforementioned waiver requests. If the City Commission does not make a positive finding with respect to allowing the tower in the GC zoning district, the application must be denied as the proposed tower is not an allowed use in this district. Planning and Zoning Board Staff Report Delray's Lost Drive-In Communication Tower - Conditional Use Approval Page 4 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 proposed tower will be unmanned, and will not have any impacts on level of service standards as they relate to water, sewer, drainage, traffic, and parks & recreations facilities. With respect to Open Space the property currently provides approximately 11% of open space. The required open space in the GC zone district is 25%. The proposed tower and equipment shed is located in an existing landscape planter. Therefore, the applicant will be responsible for providing an equivalent amount of open space elsewhere on the site to compensate for the proposed reduction. The open space concurrency will be addressed during the site plan modification review process. Based upon the above, a positive finding can be made with respect to remaining Concurrency issues. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable objectives and policies are noted. SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The adjacent zoning districts are GC to the west (across Federal Highway), GC and AC (Automotive Commemial) to the north, RM (Multiple Family) to the south, and to the east is zoned OR (Outdoor Recreation) [Town of Gulfstream]. The properties to the north are used for automotive sales and the Second Chance Emporium. The property to the south is the townhouse development Kokomo Key. The properties on the west side of Federal Highway are retail uses, and the property to the east is a F.I.N.D. spoil area. The applicant has submitted a photo simulation (Exhibit "A") that shows the impact of the proposed tower from various locations including Kokomo Key. According to the line of site analysis, the proposed tower will have the greatest impact from Federal Highway. It is noted that the Lost Drive-In includes an outparcel along Federal Highway consisting of a future one-story retail building that will further buffer the tower from the right-of-way when it is built. in terms of the adjacent Kokomo Key subdivision, the tower is partially screened from this development by the existing 44'-high retail building. The proposed flagpole will have an Planning and Zoning Board Staff Report Delray's Lost Drive-In Communication Tower - Conditional Use Approval Page 5 insignificant impact on the surrounding properties. The use of stealth facilities will alleviate the need to provide traditional telecommunication towers. Furthermore, the proposed flagpole provides the capacity to allow one additional service provider for collocation. The applicant proposes to install ground lighting to highlight the flagpole. Staff is concerned that the lighting of the pole may create a nuisance to the surrounding properties. Therefore, a condition of approval is attached that the subject lighting is extinguished between 11:00 p.m. and dusk the following day. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, the following "Technical Items" were identified. LDR Section 4.3.3(S)(Telecommunication Towers and Antennas): Setbacks: Pursuant to LDR Section 4.3.3(S)(2)(e)(2)(a), towers shall be located a minimum of fifty (50) feet from any existing or proposed public street right-of-way line. The proposed tower complies with the required setback, as the flagpole is approximately 345' from Federal Highway. Pursuant to LDR Section 4.3.3(S)(2)(e)(2)(b), the minimum distance between a monopole tower and the nearest property line of a residential zoning district shall be equal to 200% of the height of the tower. Given the height of the 90' tower, a minimum setback of 180' from the southern property line, which abuts the Kokomo Key residential development is required. The proposed tower exceeds this setback requirement, as the proposed tower is located approximately 365' from the southern property line. Pursuant to LDR Section 4.3.3(S)(2)(e)(2)(d), monopole, lattice, or guyed telecommunication towers shall not be located within one thousand (1,000) feet of any existing monopole, lattice, or guyed telecommunication tower. The proposed tower complies with the separation requirement, as the nearest tower (Atlantic High School) is 1,800' to the west. Pursuant to LDR Section 4.3.3(S)(2)(e)(2)(e), equipment buildings and other structures associated with a telecommunication tower shall conform to the setbacks established for the underlying zoning district. The following table describes the setback requirement for the equipment shed and the proposed setbacks: Planning and Zoning Board Staff Report Delray's Lost Drive-In Communication Tower - Conditional Use Approval Page 6 Minimum BUilding Setbacks ~ Front 10' 308' · Side (Interior)10' 365'(south side) o,:"~" (north side) Rear 1 O' 385' Buffering Requirements: Pursuant to LDR Section 4.3.3(S)(2)(e)(3)(a) an eight-foot high fence or wall shall be constructed around the base of a telecommunication tower. The proposed tower and equipment shed are located in a pedestrian area of the property. The applicant has not provided a fence/wall or landscaping within this area and requests a waiver from this requirement. Furthermore, the applicant is required to provide screening of the equipment shed that would consist of a foundation planter with landscaping. During the site plan modification review process, the applicant will be responsible for providing the required screening for the equipment shed. Waiver Analysis: As noted previously, the proposed telecommunication tower is concealed as a flagpole. The required enclosure would draw more attention to the proposed facility. However it would be appropriate to provide a foundation landscape planter for the tower and is attached as a condition of approval. Similar circumstances on other properties would lead to the same conclusion. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Tower Height: Pursuant to LDR Section 4.3.3(S)(2)(e)(1), the tower height shall not exceed 125' unless a waiver is granted. The tower height shall include any apparatus that extends above the tower structure, except lighting rods, safety lighting, and other apparatus to ensure the safe operation of the facility. Also, whip antennas not exceeding six inches in diameter may extend ten-feet above the height of the tower structure. The proposed tower complies with this requirement, as the proposed flagpole is 90' high. Tower Color Pursuant to LDR Section 4.3.3(S)(2)(e)(6), except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers, telecommunication towers shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray. The proposed flagpole complies with this requirement, as the tower will be white. Planning and Zoning Board Staff Report Delray's Lost Drive-in Communication Tower - Conditional Use Approval Page 7 LDR Section 4.3.3(S)(4) (Co-Location): Pursuant to LDR Section 4.3.3(S)(4)(a), in order to minimize adverse visual impacts associated with a proliferation of towers, co-location of communication antennas by more than one provider on existing or new telecommunication towers shall take precedence over the construction of new single use telecommunication towers. An application for a new tower that is greater than 64' in height shall not be approved unless it can be demonstrated by the applicant that there is a need for the new tower which cannot be met by placing the antenna on an existing tower. The following are those applicable requirements that apply to the new 90'-high telecommunication tower: That all new telecommunication towers shall be constructed so as to have the capacity to permit multiple uses. Monopole towers shall be able to accommodate a minimum of two users. Ana/ysis: The proposed monopole tower has sufficient capacity to allow up to two service providers, thereby complying with this requirement. Ail applications for new telecommunication towers shall include a written analysis of the feasibility of sharing any existing telecommunication tower located with a half-mile radius of the proposed tower site. Analysis: There is an existing telecommunication tower located approximately 1,800' to the west at Atlantic High School. The Palm Beach County School District has begun a process to remove the existing telecommunication facility. The District has indicated that the current leases will not be renewed when they expire, new leases will not be accepted. Since there are no other collocation opportunities within a half-mile of the subject property, the proposed tower complies with this requirement. ^ requirement to allow co-location will be a condition of approval for all new towers. This requirement will be deemed to have been met if the facility owner shows that it has executed a joint use agreement with at least one other unaffiliated entity for shared use, and agrees to offer the same contract to others. In other cases, the facility owner must provide a statement of intent to offer space on the tower on fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. ^ condition of any permit shall be terminated, and the facility removed, if the City finds that the facility owner is not complying with its obligations under this section. Planning and Zoning Board Staff Report Delray's Lost Drive-In Communication Tower - Conditional Use Approval Page 8 Analysis: It is noted that the owner of the tower must offer space on the tower on "fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay." A condition of approval is attached that the tower owner shall provide co-location opportunities based on these stipulations. For any telecommunication tower approved for shared use, the owner of the tower shall send a written notice to all potential users of the new tower, informing them of the opportunity for co-location, and including information on the tower's location and load capacity. Copies of the notice letters shall be provided to the City at the time that the application is filed. The list of potential users shall be provided by the Planning and Zoning Department. Analysis: A condition of approval is attached that the applicant shall submit copies of the above referenced notification letters prior approval of a building permit. The City may deny an application if an available co-location is feasible and the application is not for such co-location. Analysis: As noted above, the nearest location available for co-location is at the existing tower at Atlantic High School. According to the Palm Beach County School Board, the District will not accept new leases for this tower or renew existing leases. Therefore, there is no feasible site available for co-location. Sewer Utility The proposed equipment shed appears to be sited over an existing sewer line. The location of the equipment shed may require adjustment during the site plan modification review process to eliminate conflict with existing service and is attached as a condition of approval. Access Easement: The conceptual plans (including survey) indicate that the access easement along the north side of the principal retail building is proposed to be abandoned and that a replacement easement will be provided along the north property line. However, as noted in the background section of this report, the abandonment of the access easement and replacement easement was dropped at the direction of the easement holder (Second Chance Emporium). Since the applicant has not submitted an application with respect to Planning and Zoning Board Staff Report Detray's Lost Drive-In Communication Tower - Conditional Use Approval Page 9 modifying these easements, these notations must be removed from the plans and is attached as a condition of approval. The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Community Redevelopment Agency (CRA): At its meeting on June 22, 2000, the CRA recommended approval subject to the relocation of the facility to the side or rear of the main building. The original request for the facility was situated in a prominent location nearer Federal Highway. The applicant has revised the proposed location of the facility to the north side of the main building. Site Plan Modification: If Conditional Use approval is granted, a site plan modification submittal will follow. The site plan must address concerns raised through the conditional use petition. Special Courtesy and Public Notices: Courtesy notices were provided to the following homeowner's associations and civic organizations: [3 PROD r~ North Palm Trail [] La Hacienda [3 Kokomo Key [] Presidents Council Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed use is consistent with the policies of the Comprehensive Plan as well as Chapter 3 and Section 2.4.5(E)(5) of the Land Development Regulations. The proposal is for a 90'-high stealth telecommunication facility disguised as a flagpole. The proposed facility will allow for two service providers. The proposed facility will have an insignificant impact on surrounding properties. The proposed stealth facility will fulfill a need of consumers by providing adequate coverage in the area. Approval of the tower will reduce the need for proliferation of towers within the City as co-location is provided for two service providers. The proposal will comply with LDR Section 4.3.3(S) provided the conditions of approval are addressed. Planning and Zoning Board Staff Report Deiray's Lost Drive-in Communication Tower - Conditional Use Approvat Page 10 Continue with direction. Recommend denial of the waivers to allow a telecommunication facility in the GC (General Commercial) zone district based on a failure to make a positive finding with respect to .LDR Section 4.3.3(S)(7)(a)(1) and Section 2.4.7(B)(5) and recommend denial of the conditional use request based on a failure to make a finding with respect to LDR Section 3.1.1(Future Land Use Map). Recommend approval of the conditional use request to establish a 90'-high stealth (flagpole) telecommunication tower at Delray'e Lost Drive-In, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the conditional use request to establish a 90'-high stealth (flagpole) telecommunication tower at Delray's Lost Drive-In, based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan, with the basis stated. By Separate Motions: Waivers: 1. Approve a waiver to LDR Section 4.3.3(S)(2), to waive the Iocational requirements for telecommunication towers and antennas, and allow the proposed 90'-high stealth telecommunication tower to be located within the GC zone district at Delray's Lost Drive- In. 2. Approve a waiver to LDR Section 4.3.3(S)(2)(e)(3)(a), to waive the required fence or wall enclosure around a telecommunication facility, subject to provision of a foundation planter for the tower. Conditional Use: Recommend to the City Commission approval of the Conditional Use request to establish a 90'-high stealth (flagpole) telecommunication tower at Delray's Lost Drive-In, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the tower lighting is extinguished between 11:00 p.m. and dusk the following day. Planning and Zoning Board Staff Report Delray's Lost Drive-In Communication Tower - Conditional Use Approval Page 11 2. That a foundation planter is provided around the tower. That prior to issuance of a building permit, an executed joint use agreement or statement of intent must be provided stating that the tower owner shall offer space on the tower with fair, reasonable, nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. That a site 'plan modification be processed with the site plan to be in general conformance with the sketch plan, which addresses the access and landscaping issues identified in this report. 5. That the notations regarding abandonment of the access easement along the north side of the property and replacement easement shall be removed from the conceptual plan. 6. That the applicant shall submit a recorded access easement to the lease area. That the applicant shall submit copies of notification letters to all potential users of the new tower. Attachments: Conceptual Plan Tower Elevations Exhibit "A" - Line of Sight Survey Report prepared by: Scoff Pape, Senior Planner AQUACREST POOL ;~EAM BOULEVARD , ~N~C ~,;'~' 5CO00L 21ST DELRA Y'S LOST DRIVE-IN , LEASED : PARCEL PLUMOSA ELEMENTARY SCHOOL N CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT DELRAY'S LOST DRIVE-IN PROPOSED COMMUNICATION TOWER OCT 2 7 2000 i'" ~r~er ~ October 16,2000 Commission members, I am here tonight to express my concerns regarding public notice #2000-194 The first of my three concerns: "The First Amendment: Freedom of exprcssion, both oral and written, from government prior restraint". This has been, in my estimation, disregarded by a city employee of the planning and zoning department who told us to disregard any medical impact this telecommunications tower would have within the city limits of Delary Beach. There are valid concerns that this structure may have health ha?ards and this should be discussed and examined to the fullest extent by this Commission and the City Commissioners before a vote to approve the installation of this proposed tower. Some literature has stated there may be risk of cancer. Who would be that person, your significant other, your child, your neighbor or perhaps you? This is unacceptable. There should be a moratorium within the city limits of Delray Beach on all telecommunication towers requested to be built and existing structures removed. To site one example, a precedent for this action is the policy adopted by The Board of Education for Palm Beach County. My second concern is the future planning for the north end of Delray Beach. Is it in the best interest of the city to allow this tower to be approved? Residential and commercial zones can co-exist if there is a clear plan, and the influence of big business does not shroud the true focus. We, as citizens, do not appreciate being blindsided and not included in the ongoing discussions since July 1998 between the city and the private sector. Nor do we appreciate having the Kokomo Key Community be included in the ATT presentation with misleading pictures superimposed within our gated community. There are clearly posted no trespassing signs within our community.f My third and final concern, even though, there are many more, is that I am horrified to understand that the American flag will be used to mask the tower and used for commercial advertising. You will find, fi.om the Library of Congress, some of the roles for displaying the flag. These rules apply to The Lost-Drive-in as well as other business. As a matter of fact, in most cities and states, it is against the lawto display our flag in such a commercial manner. Thank you for your time and attention, and please seriously consider all the information fi.om all the concerned citizens tonight and vote to refuse this request. 'Bonnie Kuljian ,~ 925 Kokomo Key Lane Delray Beach, Florida STOCK DEPOT DEERFIELD BEACH · BOCA RATON · DELRAY BEACH · BOYNTON BEACH Member; NASD, SIPC. MSRB · 1047 E Atlantic Avenue * Delray Beach, FL 33483 ° 561-276-(:~304 * (800) 774-6004 * Fox (561) 243-8323 10/23/00 TO: SCOTT PAPE, SENIOR PLANNER FROM: DR. ERIC MANGIONE, GULFSTREAM ASSOC. DIRECTOR RE: AT&T FLAG POLE I strongly oppose the construction of this un- sighly tower this close to any residential area. It would seem that a more appropriate site could be found by AT&T and the City of Delray. 5-'0( REOEI~/Er') O C T ! 8 2000 Dee Car Realty, ltd. 65 NE ~,th Avenue Delray Be.~ch, Florida 33483 (561) 27~-2222 Td~opiar (561) 272-6013 October 16, 2000 City of Delray Beach Planning and Zoning Department 100 NW 1~ Avexme Detray Beach, Florida 33~I~ ' Att:. Paul Dorlin~ Director ProposaI £or Telecornmurdcations Tower at Delray's Lost Dh'ye-in North Federal tfi'_a~va.v, 13elray Beach, ~7. Dear Mr. Dorling: As I am unable to attend the Planning and Zoning Board meeting th/s evening, please present to the Planning and Zoning Board thi~ letter for consideration regarding the above proposal. Dee Car Realty, Ltd., owns and manages several properties on North Federal Highway in Delray Beach which are adjacent to the parcel in which the approval of a new telecotranunications tower has been requested. We strongly object to this proposal on the basis that the placement of a telecommunications tower on North Federal Highway is incompatible with the current and future development oI this area. Given its proposed height, location and proximity to vital residential and commercial neighborhoods along the North Federal Highway corridor and the adjacent intracoastal waterway, the tower will not only be unsightly to the present residential and commercial property owners and businesses who 'have invested substantially to assist to redevelop this area, but it also may discourage necessary positive Pature development in the commercial and residential areas. Addi~ionally, a primary goal of the/qorth Federal Highway Redevelopment Plan focused on "improving the overall image and physical appearance of the area". A 90-foot communications tower placed in the middle of the North Federal Highway corridor dearly does not/urther this objective. RECEIVED OCT 1 6 2000 LOUIS J. CARBONE Managing partner CITY OF DELRAY BEACH PLANNING AND ZONNING DEPARTMENT 100 N.W. 1sT AVENUE DELRAY BEACH, FLORIDA There are 71 signatures on this petition. OCTOBER 1 I, 2000 DEAR COMMISSION MEMBERS, CONCERNING'PUBLIC NOTICE #2000-194 AND PURSUANT TO SECTION 2.4.2(B)(I)(E) OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, A REQUEST HAS BEEN MADE TO CONSTRUCT A NINETY FOOT WIRELESS TELECOMMUNICATIONS TOWER ON LEASED LA_ND FROM THE LOST DRIVE -IN AT 2001 NORTH FEDERAL I-IIGHWAY, DELRAY BEACH, FLORIDA. I AM OPPOSED TO THIS PROJECT AND I AM EXPRESSING MY CONCERN FOR PROPERTY VALUES, HEALTH RISKS, HURICANE CODES, ETC., THIS STRUCTURE WOULD SERIOUSLY IMPACT ON THE NORTH END OF DELRAY.BEACH. AS COMMISSON MEMBERS, I TRUST YOU WILL ACT UPON TI-IlS MATTER W/TH THE OBVIOUS CONCERN FOR THE CITIZENS OF DELRAY BEACH WHO ARE ENTRUSTING YOU WITH THIS RESPONSIBILITY.WE STRONGLY RECOM34END THAT YOU VOTE TO DENY A PERMIT FOR THIS CONSTRUCTION. Mund, Diana From: Sent: To: Subject: Chuck Walls [beachdoggs@hotmail.com] Wednesday, November 01, 2000 6:43 PM pzmail@delrayplanning.org No on the Tower! We live near the Delray Swap Shop and are against the building of a AT&T tower next to our home. This does not add anything to our great city. Thanks for your vote against the tower, Chuck and Marci Walls 561-272-8002 Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com Share information about yourself, create your own public profile at - http://profiles.msn.com. TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~ ~. PAUL DORLING, ACTING DIRECTOR OF PLANNING ~ ZONING MICHELLE E. HOYLAND, PLANNER~ ~/~' MEETING OF NOVEMBER 7, 2000 CONDITIONAL USE APPROVAL TO ESTABLISH THE HOUSE OF GOD CHURCH, LOCATED AT THE NORTHWEST CORNER OF NWl=~ STREET AND NW 3~u AVENUE. The subject property consists of Lots 15 and 16, Block 35, Town of Delray, and contains a total of 0.48 acres. The property is zoned R-1-A (Single Family Residential) and is located within the West Settlers Historic District. The House of God Church was previously located at 52 NW 3rd Avenue, on the southwest corner of NW 1st Street and NW 3rd Avenue, across the street from the current proposal. In July of 1999, the City of Delray Beach and the House of God Church executed a contract for sale and exchange of property (the City of Delray Beach owned Lots 15 and 16, Block 35 [vacant property] and the House of God Church owned Lots 11-13, Block 36 [existing church facility]). The sales contract enabled the City and the Church to exchange or "swap" properties and enabled the church property to be incorporated into the RFP (request for proposal) for the Redevelopment of Block 36. The contract also allowed the church to reconstruct a new church facility similar in size, on Lots 15 and 16. The attached P&Z staff report contains additional background and analysis of the request. The Planning and Zoning Board held a public hearing on this request on September 18, 2000. Several members of the public expressed concerns about the church being non- conforming with respect to parking. After lengthy discussion the Board continued the request and expressed concern over inadequate parking and the ability to convert the internal multi-purpose room to additional sanctuary seating without the provision of additional parking. On October 2, 2000 a Planning and Zoning Board Workshop Meeting was held and the Board discussed various parking alternatives for the House of God Church. The Board agreed that if the House of God Church executed an off-site parking agreement to utilize the City of Delray Beach City Hall parking lot, located on the west side of City Hall, parking concerns would be minimized. Additionally, a pedestrian connection was recommended between the Church and the City Hall parking lot. Concerns over the internal multi-purpose room are to be addressed by changing the sliding wall into a solid wall with two entrance doors. City Commission Documentation Meeting of Mamh 7, 2000 Conditional Use Approval for House of God Church Page 2 The Planning and Zoning Board held a public hearing on the continued Conditional Use request on October 16, 2000. After discussion the Board voted 4-0 (Hasner, Peltzie and Sowards absent) to recommend to the City Commission approval of the conditional use request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject to the following conditions: 1. That an off-site parking agreement be executed for the use of a minimum of 21 spaces within the City Hall parking lots; 2. That the proposed folding partitions be replaced with a solid wall with one or two single entrance doors; 3. That a pedestrian connection be constructed between the church site and offsite parking areas; 4. That the church have a maximum seating capacity of 161 persons; 5. That the fellowship hall and balcony shall not be used as sanctuary seating unless approved as a Conditional Use modification; 6. That a site plan be submitted that is in general conformance with the alternative site plan; 7. That one tree every 25' be planted to form a solid tree line along the north side of the property and that a hedge 4' at time of planting be installed adjacent to the parking area; and, 8. That a unity of title be provided for the 2 platted lots. By motion, approve the Conditional Use request for House of God Church, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Attachments: P & Z Staff Report and Documentation of September 18, 2000 and October 16, 2000 MEETING OF: AGENDA ITEM: OCTOBER 16, 2000 III.D. CONDITIONAL USE APPROVAL TO ESTABLISH A CHURCH FOR THE HOUSE OF GOD CHURCH, PURSUANT TO LDR SECTION 2.4.5(E) (CONTINUED FROM THE SEPTEMBER 18, 2000 MEETING). In July of 1999, the City of Delray Beach and the House of God Church executed a contract for sale and exchange of property (the City of Delray Beach owned Lots 15 and 16, Block 35 [vacant property] and the House of God Church owned Lots 11-13, Block 36 [existing church facility]). The sales contract exchanged or "swapped" properties and the newly acquired city property was then incorporated into the RFP (request for proposal) for the Redevelopment of Block 36. The contract allows the church to reconstruct a new church facility similar in size, on Lots 15 and 16. The previously approved House of God Church facility was non-conforming with respect to parking. At a public hearing held on September 18, 2000, the Planning and Zoning Board considered a Conditional Use request to establish a church for the House of God Church located at the northwest corner of NW 1st Street and NW 3rd Avenue, within the West Settlers Historic District. The Board continued the request and expressed concern over inadequate parking and the ability to convert the internal multi-purpose room to additional sanctuary seating without the provision of additional parking. Members from the public spoke on the item and voiced concerns with respect to the lack of parking. At the Planning and Zoning Board Workshop meeting of October 2, 2000, the Board discussed various parking alternatives for the House of God Church. The Board agreed that if the House of God Church executed an off-site parking agreement to utilize the City of Delray Beach, City Hall parking lot, located on the west side of City Hall, parking concerns would be minimized. This lot is used for employee parking during regular City working hours, Monday - Friday and not during weekday evenings or on the weekends. With the alternate site plan, the Church would be able to accommodate 33 parking spaces on-site, therefore leaving a deficiency of 21 parking spaces. As there are only 15 parking spaces in the western City Hall parking lot, the parking lot located immediately to the north of City Hall could also be utilized for additional parking. Additionally, a pedestrian connection must be provided between the Church and the City Hall parking lot. The applicant also indicated the proposed folding partition would be changed to a solid wall with two entrance doors. With this change, concerns over the ability to use this room as an extension of the sanctuary have been alleviated. Planning and Zoning Board Memorandum Conditional Use Approval - House of God Church Page 2 Additional background and a complete analysis of the request are provided in the attached Planning and Zoning Board Staff Report of September 18, 2000. Recommend approval of the Conditional Use request for House of God Church based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That an off-site parking agreement be executed for the use of a minimum of 21 spaces within the City Hall parking lets; 2. That the proposed folding partitions be replaced with a solid wall with one or two single entrance doom; 3. That a pedestrian connection be constructed between the church site and offsite parking areas; 4. That the church have a seating capacity of 161 persons; 5. That the fellowship hall and balcony shall not be used as sanctuary seating unless approved as a Conditional Use modification; 6. That a site plan be submitted that is in general conformance with the alternative site plan and addresses the concerns noted herein; That one tree every 25' be planted to form a solid tree line along the north side of the property and that a hedge 4' at time of planting be installed adjacent to the parking area; and, 8. That a unity of title be provided for the 2 platted lots. Attachment: · P&Z Staff Report Dated September 18, 2000 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDAITEM: TEM: October 16, 2000 (Continued from September 18, 2000 meeting) III.D. Conditional Use Modification Request to Allow the Establishment of the House of God Church, Located at the Northwest Corner of N.W. 3rd Avenue and NW. 1st Street. GENERAL DATA: Owner/Applicant ............................ The House of God Jerry Taylor, Pastor Agent ............................................. Deacon Frank Blue Location ........................................ Northwest corner of N.W. 1st Street and N.W. 3rd Avenue Property Size ................................. 0.48 Acre Future Land Use Map .................... Low Density Residential 0-5 du/ac Current Zoning .............................. R-1-A (Single Family Residential) Adjacent Zoning .................. No, th: R-1-A East: South: R-1-A West: R-1-A Existing Land Use ........................ Vacant Proposed Land Use ...................... Conditional Use Request to allow the establishment of the House of God Church. Water Service ............................... n/a Sewer Service ............................... n/a The action before the Board is making a recommendation to the City Commission on a Conditional Use request for House of God Church, pursuant to LDR Section 2.4.5(E). The subject property is located at the northwest corner of NWIst Street and NW 3rd Avenue. The subject property consists of Lots 15 and 16, Block 35, Town of Delray, and contains a total of 0.48 acres. The property is zoned R-1-A (Single Family Residential) and is located within the West Settlers Historic District. The House of God Church was previously located at 52 NW 3rd Avenue, on the southwest corner of NW 1st Street and NW 3rd Avenue, across the street from the subject property. In July of 1999, the City of Delray Beach and the House of God Church executed a contract for sale and exchange of property (the City of Delray Beach owned Lots 15 and 16, Block 35 [vacant property] and the House of God Church owned Lots 11-13, Block 36 [existing church facility]). The sales contract enabled the City and the Church to exchange or "swap" properties and enabled the church property to be incorporated into the RFP (request'for proposal) for the Redevelopment of Block 36. The contract also allowed the church to reconstruct a new church facility similar in size, on Lots 15 and 16. The previously approved House of God Church facility was non- conforming with respect to parking and the agreement allowed for the new church facility to also be non-conforming with respect to parking. However, a Conditional use request must be processed and is now before the Board for action. The development proposal includes the following: Construction of a 4,860 sq. ft. 2-story church facility with a 161 seat sanctuary/assembly hall, kitchen and office. (The new church is 1,470 sq.ft, larger than the previous church. The proposal includes a 540 sq. ft. balcony (2"° floor) for video equipment. The fellowship hall has also been increased in size, however the proposed seating capacity is less than the previous sanctuary, which had 172 seats. A site plan was approved for the installation of 23 parking spaces, however the spaces were never constructed); · Construction of a 23-space parking lot on the north side of the building with a one- way drive and access to NW 1st Street to the south; and, · Installation of associated landscaping and walkways. Planning and Zoning Board Staff Report Conditional Use Approval - House of God Church Page 2 The applicant has submitted the following narrative that describes the operation: "House of God Church proposes to conduct worship se/vices several times a week, Wednesday and Friday nights and Sunday Mornings and evenings. Facilities wi//on occasion accommodate community activities. When the facility is not occupied, the parking lot is available for public parking (restricted).' 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 the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of LD (Low Density Residential 0-5 dwelling units per acre) and a zoning designation of R-1-A (Single Family Residential). The R-1-A zoning district is consistent with the LD Future Land Use Map designation. Within the R-1-A zoning district, churches are allowed as a conditional use [LDR Section 4.4.3 (D)(2)]. 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. Water and Sewer: To date no water and sewer plans have been submitted, however water and sewer services are available via service lateral connections to the existing 8" water main within NW 34 Avenue and the existing 8" sewer main within NW 1st Street. No main extensions or upgrades are anticipated with this development proposal. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service at the City's build-out population based on the current FLUM. Based on the above, this proposal should have little or no impact with respect to water and sewer service. Therefore, positive findings with respect to this level of service standard can be made. Planning and Zoning Board Staff Report Conditional Use Approval - House of God Church Page 3 Drainage: Paving and drainage plans are not required for the conditional use analysis. It is anticipated that drainage will be accommodated via sheet flow to pervious areas and/or' the installation of an exfiltration trench system. Based on the above, there should be little or no impact with respect to drainage. If the conditional use request is approved, a paving and drainage plan must be provided with the submittal of the site plan. Streets and Traffic: Pursuant to LDR Section 2.4.3(E)(2), a traffic statement is required for land use applications that generate 200 or less ADT (Average Daily Trips). A traffic statement has been submitted which indicates that the proposed use will generate 40 new average daily trips. Adequate capacity exists on the surrounding roadway network to accommodate the traffic generated from the proposed use. The traffic impact statement complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. 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. Solid Waste: The 4,860 sq. ft. chumh facility will generate 3.88 tons of solid waste per year [4,860 sq. ft. x 1.6 lbs./sq, ft./year = 7,776/2000 = 3.88 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. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Housing Element Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Planning and Zoning Board Staff Report Conditional Use Approval - House of God Church Page 4 It is anticipated that the proposal will not adversely impact the safety, habitability or stability of the surrounding neighborhood, as the church had previously been located across the street to the south for approximately 80 years. St. John's Primitive Baptist Church existed on that site prior to the House of God Church for 54 years (built in 1920). The proposal is for the reconstruction of a church facility, which will be of similar intensity to the recently demolished facility. As the traffic associated with the church is primarily generated from the community and the church is located on the perimeter of the neighborhood, the proposed development should not result in a degradation of the neighborhood. Land Use Element Objective A-1 - Vacant property shall be developed in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be. negatively impacted by the proposed use. The property can be developed in a manner, which is complimentary to the adjacent residents. This development will provide a permanent facility to serve a congregation, which is temporarily meeting at another church facility, the Church of God, located at 208 SW 5th Avenue. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on all sides by R-1-A (Single Family Residential) zoning. Single family homes exist to the north, east, and west; and vacant property exists to the south across NW 1st Street (the original House of God Church has been demolished). A rezoning of the property to the south to GC (General Commercial) is currently being processed in order to accommodate the responses to the Community Redevelopment Agency's RFP to redevelop Block 36. Compatibility with the adjacent residences is not a major concern as the previous church co-existed with the adjacent residences for approximately 26 years. Prior to the House of God Church, St. John's Primitive Baptist Church had existed at that site since 1920. However, there may be some concerns with respect to adequacy of parking and buffering, which are discussed below. As previously stated, the contract for sale allowed the new church to be similar in size to the original facility with a similar number of parking spaces, thus allowing a deficiency with respect to parking. The proposed church will have 23 parking spaces and 161 Planning and Zoning Board Staff Report Conditional Use Approval - House of God Church Page 5 sanctuary seats, which is similar in size to the original church. However, an alternate plan has been created by Planning and Zoning Staff (See attached Exhibit "A"). This plan incorporates the use of the adjacent alley on the west side of the property. The alternate plan allows for at least 10 additional parking spaces. The size of the subject parcel is slightly larger than the original House of God Church property and can accommodate more parking. Therefore, the parking deficiency can be decreased. If the Conditional Use request is approved, it should be conditioned upon a site plan submission based upon the alternative site plan. The proposed parking area will abut a single family residence on the north. A 5' landscaped area is proposed along the north perimeter of the property. The proposed church facility is separated from the adjacent residential uses to the east by NW 3rd Avenue and to the west by an alley. In addition, pursuant to LDR Section 4.6.16(H)(3)(e), where commercial areas abut a residential zoning district or properties in residential use, one tree shall be planted every 25' to form a solid tree line. This would be required along the north property line. To further compatibility, a fence/wall or a hedge 4' at time of planting should also be installed adjacent to the parking area. These measures will help to buffer noise and lighting from the parking area to the adjacent residences. While sufficiency of parking associated with churches is always a concern, especially in residential areas, the City entered into an agreement to exchange properties with the church to assist in the redevelopment effort in the West Atlantic Avenue area. This project is located on the south perimeter of the residential area and has co-existed without required parking for many years. Implementation of the alternative site plan will reduce the previous deficiency. It should be noted that there are five churches located within a 1,000' radius from the site (i.e. St. Paul A.M.E. Church, Full Gospel Assembly, St. John Primitive Baptist Church, Greater Mt. Olive Baptist Church and Seventh Day Adventist - Daughter of Zion Church). Four of these churches are located to the west, while one is located one block to the north. As the House of God Church is being relocated to the property across the street, another church is not being introduced to the area. Thus, there should not be an increase in traffic above that which previously existed and the proposal will not have a detrimental effect on the surrounding neighborhood nor will it hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staffs review of the sketch plan and site inspections, the following "Items of Concern" has been identified. Planning and Zoning Board Staff Report Conditional Use Approval - House of God Church Page 6 Parking: As previously discussed, the "land swap" agreement allows the House of God Church to reconstruct a church facility which is of similar intensity as the previous church (seating capacity of 172, approval for 23 parking spaces). The proposed church will have 161 seats, which decreases the number of seats to improve the parking situation. Pursuant to LDR Section 4.6.9(C)(6)(c), churches shall provide parking at the rate of 1 space for every 3 seats in the sanctuary. Based upon the above, 54 parking spaces are required and only 23 spaces are provided, which is a deficiency of 31 spaces. If the alternative site plan is accepted, 33 spaces will be accommodated on site, which reduce the deficiency to 21 spaces. Fellowship Hall and Balcony: The fellowship hall is separated from the sanctuary by retractable folding doors. This is a concern as the fellowship hall could also be used for church services, which would require additional parking. Additionally, any use of the fellowship hall and or balcony for seating, will require conditional use approval and provision of additional parking, which is attached as a condition of approval. Improvement Obligations: Pursuant to LDR Section 5.3.1(E)(2)(a) (Improvement Obligations), when a full local street standard is required to carry the traffic from the project, then the project needs to provide traffic lanes in addition to the improvements of the center line of right-of-way. The alternate site plan incorporates the use of the adjacent alley on the west side of the property. As the alley would be utilized by the church for access, the alley improvements would be the responsibility of the church should an alternate sketch plan be implemented. Unity of Title: The subject property involves 2 platted lots that are to be utilized as one development. Therefore, a Unity of Title must be provided that ties the lots together. This item has been attached as a condition of approval. The development proposal is not located within a geographical area requiring review by the Downtown Development Authority (DDA). Planning and Zoning Board Staff Report Conditional Use Approval - House of God Church Page 7 Community Redevelopment Agency (CRA): This item is scheduled for the September 14, 2000, CRA meeting. recommendation will be provided at the Planning and Zoning Board meeting. Their Downtown Development Authority (DDA): This item is scheduled for September 20, 2000 DDA meeting. Their recommendation will be included in the staff report, which is presented at the City Commission meeting. West Atlantic Redevelopment Coalition (WARC): The WARC reviewed the request at its meeting of September 13, 2000. The Coalition had concerns with the parking deficiency. However, they recommended approval of the conditional use request, subject to the condition that additional parking be provided per the attached alternative sketch plan. Historic Preservation Board If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan submittal will rest with the HPB (Historic Preservation Board). Public Notice: Formal public notice has been provided to 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. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: · Peach Umbrella · Delray Merchants Association · West Settlers Historic Association · Progressive Residents of Delray · NW Community Improvement Assoc. · President's Council The development proposal to construct a 161 seat, 4,860 sq. ft. church is consistent with Chapter 3 of the Land Development Regulations and the policies of the Comprehensive Plan. The proposal is part of an agreement to relocate the church, which existed across the street. While the parking is deficient, additional parking can be provided by implementing the alternative sketch plan. Also, positive findings with respect to LDR Section 2.4.5(E)(5) (Conditional Use Findings) can be made provided Planning and Zoning Board Staff Report Conditional Use Approval - House of God Church Page 8 that trees are provided for every 25' along the north property line and the parking area is screened by a 4' high hedge. The proposed use is appropriate at the subject location and should not have a negative impact on the adjacent properties. Continue with direction. Recommend approval of the Conditional Use request for House of God Church, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the Conditional Use request for House of God Church, based upon a failure to make positive findings with respect to LDR Section 2.4.5(E)(5) (Compatibility) and Compliance with LDR Section 4.6.9 (Parking Requirements). Recommend approval of the Conditional Use request to establish a church for House of God Church, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: 1. That the church have a seating capacity of 161 persons; 2. That the fellowship hall and balcony shall not be used as sanctuary seating unless approved as a Conditional Use modification; 3. That a site plan be submitted that is in general conformance with the alternative site plan and addresses the concerns noted herein; 4. That one tree every 25' be planted to form a solid tree line along the north side of the property and that a hedge 4' at time of planting be installed adjacent to the parking area; and, 5. That a unity of title be provided for the 2 platted lots. Attachments: · Location Map · Sketch Plan · Exhibit "A" (alternative Site Plan) mARTIN LUTHER 1ST FIRE STATION NO. 1 TLANTIC CITY ATTORNEY BUILDING KING JR. TENNIS STADIUM POLICE SOUTH 'OMPLEX COUNTY COURT HOUSE BLVD CITY HALL COMMUNITY CENTER N.E, 3RD ST. N.E 2ND ST N.E. 1ST ST OLD SCHOOL SQUARE AVE N U N PLANNING DEPARTMENT CITY OF D[LRAY BEACH, FL HOUSE OF GOD CHURCH I EXHIBIT "A" Alternative Site Plan N TO: THRU: FROM: SUBJECT: DAVID T. HARDEN PAUL tlORLING, ACTIN6/DIRECTOR DEPARTMENT OF PLANNING AND ZONING SENIOR PLANNER MEETING OF NOVEMBER 7, 2000 WAIVER TO LDR SECTION 4.3.1 (D), TO ALLOW THE RECONFIGURATION OF EXISTING NONCONFORMING LOTS TO CREATE NEW NONCONFORMING LOTS, FOR LOTS 7 & 8, BLOCK 4, OSCEOLA PARK (NW CORNER OF SE 4TM AVENUE AND SE 5TM STREET) The City received a request from the property owner seeking relief from the minimum lot dimension requirements for two lots located at the northwest corner of SE 5th Street and SE 4th Avenue (see attached map) and described as follows: Lots 7 and 8, Block 4, Osceola Park, according to the Plat thereof as recorded in Plat Book 3, Page 2, of the Public Records of Palm Beach County, Florida. The owner/developer wishes to build two single-family homes with side loaded garages accessed from SE 5th Street and the east/west alley. This configuration will allow the construction of front porches, which will mirror the designs by the same developer across the street on the east side of NW 4th Avenue. As currently platted, the property consists of one 46.9 foot wide corner lot and one 46.8 foot wide interior lot. Both lots, which front on NW 5th Street, are 130.2 feet deep and back up to an unimproved alley. Both lots are nonconforming within the R-1-A zoning district with respect to size, width and frontage. The two lots have been combined into one parcel and developed with a single family house constructed across both lots on the north side of the property. The house fronts on and takes access from NW 4th Avenue. The request seeks to resubdivide the lots so as to change the orientation from north/south (with frontage on SE 5th Street) to east/west (with frontage on SE 4th Avenue). The existing single family house on the north side of the property is to be demolished. The proposed lots will also be nonconforming with respect to size, width, depth and frontage. City Commission Documentation Reconfiguration of lots on SE 4th Avenue Page 2 Pursuant to LDR Section 4.3.1(D), lots shall meet the minimum requirements established unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such a nonconformity. The proposal is to resubdivide the lots so that frontage will be on NW 4th Avenue. The reconfigured lots will then be 93.7 feet deep. The surveyed depth of the existing lots is only 129.42 feet as opposed to 130.2 feet as shown on the plat. The new lots will be subdivided so that the corner lot is larger at 89.58 wide and the interior lot is 59.84 feet wide. Both lots will be nonconforming with respect to size, width, depth and frontage, as summarized in the following table: Minimum Require~bn{s curr~h~ ~nfigamtib, LOt# Frontag~ Depth Lot Area Frontage Depth Lot Area Frontage Depth Lot Area Lot! 60 100 7500 46.8 129.42' 6057 59.84 93.70 5607 Lot2* 80 100 7500 46.9 129.42' 6070 69,58 93,70 6520 * Corner Lot ** survey dimensions The proposal does not create any additional non-conforming lots, since both existing lots are already nonconforming. However, the nonconformity will be increased with the lots also becoming nonconforming with respect to depth. The Land Development Regulations provides for the development of nonconforming lots of record as follows: Section 4.1.4 Use of Lots of Record: Any lot, or pamel, which qualifies as a lot of record as set forth in these Regulations, but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district, subject to the following limitations: (B) A residential structure shall not be constructed on any lot, within a residential zoning district, which has frontage of less than fifty feet (50'). However, this provision shall not prevent construction of a residential structure on a Single Family Lot (or Pamel) of Record which conforms with all other aspects of minimum lot size requirements but which has no frontage. Further, such a Lot of Record with no suitable access may achieve private access for a single family residence and similar uses by means of a nonpublic (private) access easement. Pursuant to the above section, the two existing platted lots cannot be developed individually, since they do not meet the minimum 50' frontage requirement. Therefore, development is limited to one single family home on the combined lots and an additional house is not permitted. The proposal involves more than just a reconfiguration of two nonconforming lots. It seeks to create two buildable lots where only one now exists. The existing development with the two lots combined is conforming and redevelopment of the parcel for one single City Commission Documentation Reconfiguration of lots on SE 4th Avenue Page 3 house is also permissible. On July 13, 2000, the Development Services Management Group (DSMG) reviewed a request to exempt the project from the requirement to replat. The DSMG denied the request on the basis that LDR Section 4.1.4(B), did not permit development of the two lots individually for two single family homes. This section of the code has been enforced throughout the city and many others have been denied the ability to construct homes on lots of record with less than the required 50' frontage. The DSMG felt that approval of this request would set an unacceptable precedent. The current regulations require a minimum of 60' of frontage in the R-1-A district. Section 4.1.4(B) provides relief from this requirement for owners of lots of record, but a minimum frontage of 50' was set to prevent inappropriate development. The site is located within Redevelopment Area #5 and a redevelopment/neighborhood plan for this area is currently underway. New development within the neighborhood would provide a boost to the redevelopment effort. It is noted that with the exception of Block 4 and 5, all blocks within the subdivision, adjacent to SE 4th Avenue were platted with frontage on SE 4th Avenue (see attached location map). Additionally, the lots immediately north of the subject property at the southwest corner of SE 4th Street and SE 4th Avenue as well as the lots at the northwest corner of SE 6th Street and SE 4th Avenue (in the block immediately south of the subject property) were previously reconfigured and developed with homes fronting on SE 4th Avenue. The proposed reconfigured lots would be compatible with adjacent development and the neighborhood in general. As previously noted, the Commission may approve the creation of a nonconforming lot based upon a finding that it is necessary and appropriate to do so. The City Commission may also impose mitigating conditions at the time such a plat is approved. The proposed lots will be wider but less deep than typical platted lots on SE 4th Avenue and in the subdivision in general. However, many of the platted lots along SE 4th Avenue and elsewhere in the subdivision have been combined to form larger development parcels. Thirty-two of the 105 developed parcels along SE 4th Avenue are 75' or greater in width and 13 are 100' or greater. While the combined property is larger than a typical platted lot, it is consistent with these larger lots on the street and is compatible with the neighborhood. Given the existing development pattern on the street, it is appropriate for homes to front on NE 4th Avenue. However, the subject property could be redeveloped with only one house oriented in this manner. Therefore, a finding cannot be made that reconfiguration of the two existing lots is necessary and appropriate. Community Redevelopment A(3encv: There is not a formal recommendation from the CRA Board since there was not a quorum at its meeting of October 26, 2000 when this proposal was to be reviewed. However, Diane Dominguez, the CRA Executive Director, is polling the Board members individually to get an unofficial recommendation for the City Commission. The Board's comments will be presented at the City Commission meeting. City Commission Documentation Reconfiguration of lots on SE 4th Avenue Page 4 Planning & Zoning Board: Planning and Zoning Board review of the proposal is not required. Courtesy Notices: A Special courtesy notices was provided to the Osceola Park Homeowners Association. Public Notice: Formal public notice has been provided to the owner of the subject property as well as to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the City Commission meeting. Continue with direction. Approve the Waiver to LDR Section 4.3.1(D), based on positive findings that it is necessary and appropriate to reconfigure existing nonconforming lots 7 & 8, Block 4, Osceola Park to create new nonconforming lots. Deny the Waiver to LDR Section 4.3.1(D), based upon a determination that the two lots will become more non-conforming, and that it has not been demonstrated that it is necessary and appropriate to accommodate the request. Deny the Waiver to LDR Section 4.3.1(D), based upon a determination that the two lots will become more non-conforming, and that it has not been demonstrated that it is necessary and appropriate to accommodate the request. Attachments: · Location Map · Reduced Composite of Drawing of Lots · Applicant's letter s:\planning & zoning\boards\city commission\frysinger reconfiguration of osceola park lots.doc --~-D ST · ~ ~: __ q,~___~ ._~~ I I I I I ~ I I I I I I I ~ ~ - DELRAY ~ ~i ; WOMEN'S > ~ ~ CONDOS ~ ~ CHURCHILL ~ ~ CONDO s.w. ~ ST I I~ ~ ~ Z COMMONS ~~ ~ ~ Ill[ Ill ~ ~' ~ ~ ~ ~ WAIVER TO kDR SfiCllO~ 4.3.~ (D) CITY OF DELRAY BEACH, FL RECONFIGU~TION OF EXISTING NONCONFORMING LOTS TO CR~TE N~ NONCONFORMING LOTS S.E. 4 TH ST. !:: NOTE: LOCATION AND FLOOR -- ~ ~ ELEVATION OF BUILDING NORTH OF ALLEY UNAVAILABLE (OWNER DENIED ACCESS) · ; -_ ,.. · ~ I SI '+14.4 I +14.6 -~ '~L16' ALLEY RIGHT OF WA Y q +14.~ ~,,~: ~,,,7 ~ ~o./u ~ ~ ..~,~ ~ ~ 18'2 , ~ , CAR--' ,~ ~ ~ I STORY ~ ~ ; PORT ~ ~ w~BUILDING ~, CONC. ~ ~5.0 ~ . ~ ~ ¢~ ~LOOR ~, __,,..~/ ~. f ~CONC. ~ ' ~--~ ' ~'42' ~.'1;~~ · IRREGULARs. , ~ . ~ ~, 25.1 ? n~ ENCE ON LINE ~ 18.2 ' ~ I ....... 0.9~ ,~,////~ ...... , ~,~ r&uu~ F4 CONG. WALK PA TIO ~ ~ j LOT 8 .~ ~ :~4~ ~ .~ ~L OCH 4 SHED 27. Z' .......... -'-~-~ ~LOCH 4 zo~ IRREGULAR.// FENC~ ON LINE ~ 2'0~ LOT ~ VACANT LOT 7 _ )CK 4~ ~ BLOCk 4 ~.~ BI OCK 4 IRREGULAR ~ ~ ~ ,(NO NUMBER) IN CONC. (NO NUMBER) I ~~ 12' PA VING LO ~"-BENGH MAR~ ?UND TOP OF NAJ :'ROS AND WASHE 7C ~ : 13.61 ~2' CONC. CURB ~ GUTTER ~2' PA V/NG J UACK FRYSINGER 4 I g S.E. 4TH AVENUE DELEAY BEACH, FLORIDA 33483 HONE 5(~ I-E:43-4676 PHONE/FAx 56 I -;>7P-O 142 June 22,2000 Mr. Jeff Costello Planning and Zoning Dept. City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Re: Lots 7 & 8, Block 4, Osceola Park Dear Jeff, Please consider this tett~r as my request for a waiver to the requirement to replat the above referenced lots. I understand this waiver would require approval of the City Commission. The enclosed surveys show Lots 7 & 8 with approximately 47 feet of fi'ontage on S.E. 5th Street, with approximately 130 feet of depth. As the survey shows, I would split the lots so the frontage would be on S.E. 4th Avenue. This would result in a corner tot with approximately 70 feet of frontage and an interior lot with approximately 60 feet of frontage. Both lots would be 93.70 feet deep. We would side load the garages on each lot, from 5th Street and the alley, thereby being able to build houses with front porches which would mirror our designs on the east side of Fourth Avenue. Jeff, when I purchased the East side of Fourth Avenue from the CRA, the City granted a similar waiver on those lots in order to create a best use. Thank you for your consideration of this request. Very truly yours, ,/,.. /y r Jack Frysinger TO: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER PAUL DORLIN'G, ACTIN NG AND ZONING DIRECTOR MEETING OF NOVEMBER 7, 2000 - FINAL PLAT APPROVAL FOR LANE SUBDIVISION AND ASSOCIATED WAIVER REQUESTS TO LDR SECTIONS 6.1.2 (C)(3)(a) PAVEMENT WIDTH, SECTION 6.1.3(A) SIDEWALKS, AND SECTION 5.3.1 (D)(2) RIGHT-OF-WAY WIDTHS. The final plat for Lane Subdivision is a proposed 4-lot development to be located east of Andrews Avenue on the north and south sides of Hammond Road. The 1.19-acre site consists of a portion of Lot 2, Block E of Palm Beach Shores Acres and a portion of Lots 1,2 & 3 of the Hammond property plat. The site currently contains one single family home and a 15' right-of-way dedication for Hammond Road. The plat creates 4 individual lots, which will have access from the previously dedicated right-of-way known as Hammond Road. A portion of Hammond Road is being retained as public right-of-way while the balance is being abandoned and rededicated as an ingress/egress and utility easement. Additional ingress/egress easement width is also being dedicated for Hammond Road.to provide a total width of 22.50'. Within this area two 9' travel lanes with 2' valley gutter at the edge of each travel lane will be provided. The entire roadway will be the maintenance responsibility of the owners of the subdivision lots. The 22.5' easement/right-of-way area will also serve as a utility and drainage easement. The easement will contain a new water main and will channel drainage eastward to dedicated drainage easements located around the perimeters of the newly created lots. Waiver Requests The development proposal includes requests for waivers to the following LDR Sections: 6.1.2(C)(3)(a) pavement width, 6.1.3(A) sidewalks, and 5.3.1(D)(2) right-of-way width. The Development Services Management Group (DSMG) considered the waiver requests at their meeting of September 28, 2000 and recommended approval. Additional analysis of the subdivision plat and associated waiver requests can be found in the attached staff report. At its meeting of May 22, 2000, the Planning and Zoning Board considered the subdivision request and after a brief discussion voted unanimously (6 to 0) to approve the preliminary plat and certified the final plat. By separate motions: Waivers: Approval the waiver requests to LDR Sections 6.1.2(C)(3)(a) pavement width, Section 6.1.3(A) sidewalks, and Section 5.3.1(D)(2) right-of-way widths based upon positive findings with respect to LDR Section 2.4.7(B)(1)(b)(5). Final Plat: Approve the final plat for Lane Subdivision based upon positive findings with respect to LDR Sections 3.1.1, 3.2.3 and Objectives and Policies of the Comprehensive Plan. Attachments: · P&Z Staff report · Location map · Plat reduction PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: May 22, 2000 AGENDA ITEM: V.^. ITEM: Combined Preliminary/Final Plat for Lane Subdivision, Containing Four Single Family Residential Lots, Located on the North and South Sides of Hammond Road, East of Andrews Avenue. / / Acu~* ~ ~ I~ ~ I ~.s.*. ~.s* ~*c~ ~ ~q GENE~L DATA: Owner/Applicant ................... Dr. Ker~ S. Lane Location ............................... No~h and south sides of Hammond Road, east of Andrews Avenue Prope~ Size ........................ 1.24 Acres Existing Future Land Use Map Designation .................. Low Densi~ (0-5 d.u./ac.) Current Zoning ..... : ............... R-I-~ (Single Family R~sidential) Adjacent Zonings ........ No~h: R-I-~ East: R-I-~ South: R-I-~ West: CD (Conse~ation District) Existing Land Use ................ Single Family Residence and Vacant Proposed Land Use ............. Combined Preliminaw/Final Plat for a proposed subdivision containing 4 single family lots with related easements for utilities and drainage. Water Se~ice ....................... Available via e~ension to an 8" water main in Andrews Avenue. Sewer Se~ice ...................... Available via se~ice lateral connections to an existing 8" sewer main east of the site. The item before the Board is that of approval of a preliminary plat and certification of the final plat for Lane Subdivision, a proposed 4-lot development to be located east of Andrews Avenue on the north and south sides of Hammond Road, pursuant to LDR Section 2.4.5 (J). The 1.19-acre site consists of a portion of Lot 2, Block E of Palm Beach Shores Acres and a portion of Lots 1,2 & 3 of the Hammond property plat. The site currently contains one single family home and a 15' right-of-way dedication for Hammond Road. The plat creates 4 individual lots which will have access from a previously dedicated right-of-way known as Hammond Road. A portion of Hammond Road (127.40' x 15.70') is being retained as public right-of-way while the balance (140'X15.70') is being abandoned and rededicated as an ingress/egress and utility easement. The abandoned right-of-way will be replaced with a 15.70' ingress/egress easement. In addition, a 6.93' ingress/egress easement will be dedicated south of the 15.70 replacement easement providing a total width of 22.50'. The portion of Hammond Road right-of-way (127.40 X 15.70) which is adjacent the developed lots along Andrews Avenue will remain as public right-of-way and will be supplemented with an 6.93' ingress/egress easement for a combined total width of 22.5'. Within this area 2-9' travel lanes with 2- 2' valley gutter at the edge of each travel lane will be provided. The 22.5' easement/right-of-way area will also serve as a utility and drainage easement. The easement will contain a new water main and will channel drainage eastward to dedicated drainage easements located around the perimeters of the newly created lots. Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form that is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of LD (Low-density 0-5 units per acre) and a zoning designation of R-l-AAA (Single Family Residential). The zoning district is consistent with the LD Future Land Use Map designation and" Single Family Residential uses" are listed as a permitted use in the LD district [LDR Section 4.4.3 (B)(1)]. P&Z Board Staff Report Combined Preliminary/Final Plat for Lane subdivision Page 2 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. Water and Sewer: The existing 8" water main that runs along the east side of Andrews Avenue is being extended eastward (8" main) to Lot D where a fire hydrant will be provided. Individual 1" meters will be provided to lots B, C, & D. Lot A will continue to receive water from the existing service along Andrews Avenue. The new main will be located within a portion of Hammond Road being retained as public right- of-way as well within the portion being abandoned and rededicated as an ingress/egress and utility easement. Under the dedication language on the plat the City is given rights of access, for repair, construction, maintenance, and operation of water and sewer mains within the ingress/egress and utility easement. New sanitary sewer laterals are being provided from an existing manhole to the east of the subdivision. The laterals will be extended within a 15' easement to be dedicated on this plat. Under the dedication language on the plat the City is given rights of access, for repair, construction, maintenance, and operation of water and sewer mains within the utility easement. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central Regional WasteWater Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these level of service standards. Drainage: The paving and drainage plans indicate that drainage will be accommodated on site by swales. The roadway will drain eastward then north and south to swale areas on the perimeters of lots B, C, D. The plat dedicates 12' drainage swales around the perimeter of the lots to accommodate the drainage. There are no problems anticipated in accommodating on-site drainage and meeting this level of service standard. Streets and Traffic: The 4-lot development will generate 30 new daily trips (10 trips per lot, no new trips for the existing development on lot A). The Palm Beach County Traffic Performance Standards Ordinance requires the development of this limited intensity to address only the directly assessed link, which is Andrews Avenue. Andrews Avenue is currently operating at an acceptable level of service. This development will not have a negative impact on that level of service. Further, the Palm Beach County Traffic Performance Ordinance allows for a concurrency exemption for residential uses east of 1-95. P&Z Board Staff Report Combined Preliminary/Final Plat for Lane subdivision Page 3 Parks and Open Space: The proposed 3 new residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $1,500 will be required of this development for parks and recreation purposes. Solid Waste: Trash generated each year by the 3 new units is 1.99 tons of solid waste per unit per year or 5.97 tons of solid waste per year. The trash generated by this proposal can be accommodated by existing facilities; therefore, a positive finding with respect to this level of service standard can be made. SECTION 3.l.l (C) - CONSISTENCY (STANDARDS FOR PLAT ACTIONS): Compliance with performance standards set forth in Chapter 3 (Section 3.2.3 Standards for plat actions) 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. As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Plat Actions. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy is identified. Future Land Use Element Policy A-2.3: Development of remaining vacant properties shall occur in a manner which is consistent with and complimentary to adjacent development regardless of zoning designations. This policy shall be implemented through the review process associated with platting and site plans. Coastal Management Element Policy C-3.1: 'Remaining, isolated infill lots shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. This development proposal meets the intent of these policies by providing single family development adjacent other single family development. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Pursuant to LDR Section 4.3.4 the lots within the R-l-AAA zoning district are to have a minimum lot size of 12,500 sq. ft, lot width and a minimum frontage of 100' and a minimum lot depth of 110'. All the proposed lots exceed the minimum lot size of 12.500 with Lot A containing 12, 727 sq. ft, Lot B 14, 586 sq. ft., Lot C 14,333 sq.'ft, and Lot D 12,539 sq. ft. All lots with P&Z Board Staff Report Combined Preliminary/Final Plat for Lane subdivision Page 4 the exception of Lot D meet or exceed the required lot widths and depths. Lot D as proposed does not meet the minimum depth of 110' (108.26 is currently proposed). The applicant has indicated the lot line will be adjusted to accommodate the minimum depth requirement and this is attached as a condition of approval. Waiver requests The development proposal includes requests for waivers to the following LDR Sections, 6.1.2 (C)(3)(a) pavement width, Section 6.1.3(A) sidewalks, and Section ,5.3.1 (D)(2) right-of-way widths. LDR Section 6.1.2 (C)(3)(a) (pavement width) requires 24' while 18' is proposed. The justification for the request is that the proposed reduced pavement width of 18' will service three single family lots expected to carry about 30 ADT (average daily trips) per day. Given this extremely Iow volume along with the confirmation of the Fire Department that the 18' will meet the Fire Department's minimum width requirements, the reduction can be supported. Section 5.3.1 (D)(2) (right-of-way widths) requires 50' for a local street with curb and gutter. With the prior development of lots along Andrews Avenue a 15.70' right-of way was dedicated for Hammond Road. Given .the existing development additional dedication for Hammond Road right-of-way cannot be given without rendering existing development nonconforming with respect to lot width and lot frontage. The current proposal includes dedication of additional 6.8' easement which has no impact on lot width or frontage as the easement area will continue to be considered part of the lot. This increased right-of-way/easement width will allow an 18' roadway to be constructed. It is noted that since setbacks are measured from the edge of the access easement, with dedication of the 6.8 easement, a small section of the existing structure on Lot A will become nonconforming with respect to the required side street setback (17' required, 15' provided). Other improvements (sidewalks and drainage) customarily accommodated within right-of-way are requested to be waived (sidewalks) or accommodated on adjacent lots (drainage) through drainage easements. Section 6.1.3. (A) (Sidewalks), requires 5' minimum sidewalks be provided. Pursuant to Section 6.1.3 (D)(1)(b) where it is clear that a sidewalk system will not serve its intended purpose the requirement can be waived. The provision of a sidewalk cannot be provided within the existing or proposed right-of-way or ingress/egress easement area without significantly impacting existing improved lots along Andrews Avenue. While it is possible to provide sidewalks on the vacant properties to the east this would not result in a continuous sidewalk system nor functional pedestrian network. Required Findings: Pursuant to LDR Section 2.4.7 (B)(1)(b)(5) prior to granting a waiver, the granting body shall make findings that the granting of the waiver: a) Shall not adversely affect the neighboring area; b) Shall not significantly diminish the provision of 3ublic facilities; c) Shall not create an unsafe situation ;and, P&Z Board Staff Report Combined Preliminary/Final Plat for Lane subdivision Page 5 d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The requested waivers will not adversely affect the neighboring area, significantly diminish the provision of public facilities nor create an unsafe condition. Further, given the unique characteristics created by the previous development it is reasonable to assume that similar waivers would be granted under similar circumstances. Therefore, a positive finding with respect to LDR Section 2.4.7 (B)(1)(b)(5) can be made. TECHNICAL ITEMS While the plat has accommodated some of the staff comments, there are additional items of a technical nature that must be addressed prior to the scheduling of the plat for consideration by the City Commission. Those items are listed in an attachment, and approval of the plat should be conditioned on them being satisfactorily resolved. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations which have requested notice of developments in their areas: Landings of Delray Progressive Residents of Delray (PROD) Presidents Council Beach Property Owners Association Via Marina Association ASSESSMENT AND CONCLUSION :1 The plat contains a number of outstanding comments, which will need to be addressed prior to consideration of the plat by City Commission. Positive findings with respect to LDR Sections 3.1.1, and 3.2.3 (Standards for Plat Actions) as well as Objectives and Policies of the Comprehensive Plan are made in the staff report, provided the conditions of approval are addressed. Positive findings with respect to LDR Section 2.4.7 (B)(1)(b)(5) can be made with respect to the three waiver requests. The proposed plat is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Continue with direction. Approve the preliminary plat for Lane subdivision and certify the final plat based upon positive findings with respect to Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan, subject to conditions. P&Z Board Staff Report Combined Preliminary/Final Plat for Lane subdivision Page 6 Approve the preliminary plat, and require submittal of a final plat to be processed separately. By Motion: A. Recommend Deny the preliminary plat and final plat with basis stated. approval of the waiver requests to LDR Sections 6.1.2 (C)(3)(a) pavement width, Section 6.1.3(A) sidewalks, and Section 5.3.1 (D)(2) right-of-way widths based upon positive findings with respect to LDR Section 2.4.7 (B)(1)(b)(5). B. Approve the preliminary plat for Lane Subdivision and certify the final plat based upon positive findings with respect to LDR Sections 3.1.1, 3.2.3 and Objectives and Policies of the Comprehensive Plan, subject to the following condition: 1. That all comments under Appendix B "Plat Technical Comments" and Appendix A "Standards for Plat Actions" of the report are addressed prior to scheduling for City Commission action. Attachments: · Appendix A (Standards for Plat Actions) · Appendix B (Plat Technical Comments) · Proposed Plat · Adv/plat/lane subdivision staff report A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent - Additional information on street li,qhtin,cl must be provided to determine if this standard has been met. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard Does not meet intent - A request to waive the sidewalk connection from the development to the sidewalk system alon.q Andrews Avenue has been requested. C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard Does not meet intent X D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard Does not meet intent X E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard Does not meet intent X Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard Does not meet intent X G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard Does not meet intent X H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard Does not meet intent X Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard Does not meet intent X J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for in-fill projects having fewer than 25 units. Not applicable Meets intent of standard As the subdivision consists of only four lots this standard has been waived. Does not meet intent Provide copy of the Lane Subdivision Homeowners Association documents. Move lot line for lot D a minimum of 1.74' to the west to achieve the required minimum lot depth of 110' required pursuant to LDR Section 4.3.4. Provide 12' drainage easements along the west sides of Lots C & B and the east side of Lot D to correspond with proposed swale areas noted on the Engineering Plan. Clarify the status of the 22.5' ingress/egress, utility and drainage easement, which is noted on the plat as both a 15.70' utility easement and 22.50' ingress egress and drainage easement. Provide language under dedication statement that Hammond Road in its entirety is to be maintained by the Lane Subdivision Homeowners Association. Scale of plat must be 1"=20' or 1"=30' and must match engineering plans. Engineering plans are at 1"=20'. Drainage easements are to include language that states that drainage easements are dedicated to the Lane Subdivision HOA for the purpose of stormwater management. Drainage calculations need to be revised to represent smaller building pads resulting from measuring setbacks from the edge of the access easement versus the center of the easement. The elevations of the swale areas are to be modified to maintain no greater than a 4:1 slope. Engineering Plan Technical Comments: · Provide drainage calculations. Indicate how proposed finished floor elevations were calculated for each lot. · Provide fire flow calculations that demonstrate hydrant can deliver 1000 GPM at 20 psi. · Provide HRS permit for water main. · Sanitary sewer laterals are to be connected to the sewer main. Provide detail of sanitary sewer manhole reconstruction. · Move stop bar and sign just east of Andrews Avenue right-of-way line. · Indicate where retention for stormwater runoff from middle of Lot A to Andrews Avenue provided. · Driveway width shall not exceed 24 feet where it meets the street. Driveways are not permitted within 25 feet of the intersection of right-of-way lines. Modify drive at Lot A accordingly. · Revise bond estimate: eliminate roadway costs entirely, eliminate cleanout and sewer lateral costs. ! WATERWAY NORTH CONDO I ] ~ "~&~- / ; / .^~O,D ~OAD---~ CONDO/ J L~-----~ x ~:~ M.S.A. M $ A TRACT / h----t ; I f~ ~,.S.A. TRACT ~ ~ , ...... ---1~ ST. I ~ / I I I I I I I I ~,~ ----/~ I ~- ~ LANE SUBDIVISION rlT¥ OF DELRR¥ BERTH DELRAY BEACH Ail-Arum'ica City 1993 TO: FROM: 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager SUBJECT: AGENDA ITEM - CITY COMMISSION MEETING NOVEMBER 7, APPROVAL Use of Parking In-Lieu-of-Fees DATE: October 30, 2000 Action City Commission is requested to approve the use of $40,000 of Parking In- Lieu-of-fees for Phase II of the Decorative Street Signage program for parking directional signs, parking Iocator signs, parking lot directional signs, parking lot internal signs and other directional informational signs. Background Approximately two years ago, in response to parking studies' recommendations to improve directional informational signage in the downtown area, particularly as it relates to parking, action was Initiated by Ms. Marjorie Ferrer, Executive Director of the Joint Venture. A citizens committee of approximately forty people was formed to make recommendations for this program including design, color scheme, and the locations of signs to be installed in Phase I. After many months of working on this project with AM-Sign Corporation, recommendations were made and Phase I of the program was completed last year. Approximately 25 signs were installed as a test to determine if the signs were functional and acceptable. The purpose of the program was to improve information directional signs so that visitors could more easily find key facilities, to reduce sign clutter, and to improve sign appearance. The initial sign package was split equally between the City, CRA and DDA. The City also paid for the installation costs. AM-Sign Corporation (now Guidance Pathway Systems, Inc.) was selected because they provided a turnkey service from design through THE EFFORT ALWAYS MATTERS SubJect:AGENDA ITEM - CITY COMMISSION MEETING November 7. :~g(XI APPROVAL Use of Parkina In-Ueu-Of-Fees Date: October 30, 2000 Page: Two (2) Installation and because of their experience in other cities, i,e., downtown Manhattan and Tempe, Arizona. Approximately 9 months ago the sign committee met again with Mr. Richard Goldberg, President of the corporation to discuss priorities for the second phase of the program. Priorities agreed to, included parking lot Iocator signs, consolidation of internal parking lot signage, additional parking lot directional signage, additional gateway signs, and other directional/informational signs. Attached is a final detailed list of the phase II signage package. City staff has reviewed and has made adjustments as noted. The total estimated cost for the phase II sign package is approximately $132,500, which includes $25,000 for installation. Estimated Sign cost breakout is as follows: Parking Directional Parking Locator Internal Parking Gateway/Directional/International Other Directional Informational Total $11,700 13,200 7,500 16,625 58,400 $107,425 In addition to the specific parking sign costs listed above "other signs listed as directional information" include parking related signage with an estimated cost of approximately $8,000. The estimated total for parking elated signage is $40,400 without installation costs of approximately 25% of the slgnage cost. Funding approvals to date are as follows: DDA CRA City of Delray Beach (Capital Budget) Gateway/Directional/International Total $25,000 40,000 25,000 16.625 $90,000 At their meeting on July 25, 2000 the Parking Management Advisory voted to recommend approval of the use of $40,000 of parking in-lieu-of fees for the parking related portion of this sign package. Subject: AGENDA ITEM - C[1¥ COMMISSION MEETING November 7, 2000 APPROVAL Use of Parklno In-Lieu-Of-Fees Date: October 30, 2000 Page: Three (3) Attached Is a copy of the in-lieu-of fee account balance s of September 30, 2000. It would be my recommendation that $20,000 come from the balance of funds received prior to enacting ordinance 4-99 which set up collection areas and $20,000 come from area #2. Recommendation Staff recommends approval of the request to utilize up to $40,000 from in- lieu-of parking fees for the proposed Phase II sign package as recommended by staff and the Parking Management Advisory Board. RAB:ags Attachments Flle:u:allen/asnnemos Doc: In-Lieu-of MEMORANDUM PARKING IN LIEU FUNDS BALANCE AS OF SEPTEMBER 30, 2000 DATE RECEIPTS DISBURSE- MENTS RUNNING TOTAL PRIOR TO ORD# 4-99: TRANSFER FROM LIBRARY MASTER PLAN PARKING STUDY DECORATIVE STREET LIGHTING (PENINSULAR ELEC) DECORATIVE STREET LIGHTING (PENINSULAR ELEC) DECORATIVE STREET LIGHTING (PENINSULAR ELEC) MOUW ASSOCIATES COMPUTER PARTS OUTLET INTEREST FY 93-94 PATIO PARTNERS INTEREST FY 94-95 INTEREST FY 95-96 BRIGHT HORIZONS LOAN TO CRA BLOCK 76 PATIO PARTNERS PARKING LOT STUDY (J D EDWARDS) BANKERS GRILLE PATIO PARTNERS PARKING LOT STUDY (J D EDWARDS) INTEREST EARNINGS FY 96-97 CAFEE LUNA PARKING LOT STUDY (J D EDWARDS) BRIGHT HORIZONS BANKER'S GRILLE REFUND JAVA BEAN JUNCTION CAFE LA BOHEME AZARI PATIO PARTNERS CRA PAYBACK OF BLOCK 76 INTEREST FY 97-98 BRIGHT HORIZONS CAFFEE LUNA ROSA INC. CAFFEE LUNA ROSA INC. CRA PAYMENT FOR BLOCK 76 PARKING AZARI PATIO PARTNERS JAVA BEAN JUNCTION BRIGHT HORIZONS INTEREST FY 98-99 CAFFEE LUNA ROSA INC. AZARI JAVA BEAN JUNCTION JAVA BEAN JUNCTION PATIO PARTNERS AREA '1: AREA 2: LOUIS CARBONE ~ ROSNER ED GALLAGHER TOWN SQUARE AREA 3: VILLA DELRAY (JRCS) PINEAPPLE TOWN - OUTSIDE THE BOX VILLA DELRAY (JRCS) AREA 4: Jun-84 60,000 60,000 Aug-89 (25,000) 35,000 Nov-92 (425) 34,575 Feb-93 (9,398) 25,177 Mar-93 (14,623) 10,554 Feb-94 2,500 13,054 Feb-94 2,500 15,554 Sep-94 514 16,068 Sep-95 1,800 17,868 Sep-95 904 18,772 Sep-96 1,349 20,121 Mar-97 2,400 22,521 Mar-97 (22,521) Mar-97 1,800 1,800 May-97 (1,866) (66) Jun-97 2,400 2,334 Aug-97 1,800 4,134 Sep-97 (1,356) 2,778 Sep-97 109 2,888 Oct-97 2,000 4,888 Dec-97 (1,394) 3,494 Oct-97 2,400 5,894 Mar-98 (2,400) 3,494 Mar-98 6,000 9,494 May-98 6,000 15,494 May-98 16,000 31,494 Sep-98 1,800 33,294 Sep-98 22,521 55,815 Sep-98 1,302 57,117 Feb-99 2,400 59,517 Feb-99 1,000 60,517 Feb-99 1,000 61,517 Apr-99 (25,181) 36,336 May~99 5,333 41,669 Aug-99 2,128 43,797 Sep-99 3,000 46,797 Jan-00 2,400 49,197 Jan-00 1,474 50,671 Feb-00 2,000 52,671 May-00 5,333 58,004 Jul-00 1,500 59,504 Jul-00 1,500 61,004 Aug-00 2,128 63,132 Ma>00 96,000 Ma~00 12,000 Sep-00 36,000 Feb-99 12,000 May-00 6,000 Jun-00 7,200 96,000 108,000 144,000 12,000 18,000 25,200 TOTAL 232~332 Delray Beach Signage Second Phase - June 28, 2000 DDA CRA City Gateway/Directional/Informational GWDI 0 1 5 Parking Directional PD 8 1 0 Parking Locater PL 15 1 6 Directional/Informational DI 25 5 5 Internal Parking IP 67-99 6-10 22-38 1 A1A at Atlantic Avenue, northbound, east side of road, Single side: Downtown left arrow. Maybe include US95, to US 1, and Evac Route if reduces clutter 1DI DDA 2. A1A at Atlantic, southbound, west side of road. Single side: Downtown fight arrow Maybe include US95, to US1, and Evac Route if reduces clutter 1DI DBA 3. A1A at Marriott, west side of road. Two sided: Public parking, Hotel Parking fight and let~ arrows 1PL D~, 4. Marriott lot. Two sided: Meters-Public Parking, Reserved-for Hotel Guests side d)/t-/'ubli c, flga r ,k~it~ g / '~ ' DDA Pa~t tj~te~po~X~urbf- r~.~e~l¢ 1PL 5. Atl~ven~e~Ave, n~ si~.~ Lot, P~c Pang G~ag~fight ~ ~ow~IPD 1~ IP 6. Andrews Avenue at garage, east side of street. Two sided: Parking Garage, fight and left arrows 1PL DDA 7. Atlantic Avenue at 7th Avenue NE, north side of street. Two sided: Public Parking fight and left arrows 1PD DDA (~ Sevemh Ave. NE at 1~t St NE, east side of road. Two sided: Veterans Park, Adult Center, Public Parking, Right and let~ arrows 1DI DDA (~) Seventh Ave.NE at 1~t St NE, west side of road. One sided: Veterans Park, Adult Center, Public Parking, left arrow 1DI DBA (~ . Seventh Ave. NE at 1~t St NE, west side of road. Two sided: Veterans Park, Adult Center, Public Parking, Straight arrow; Atlantic Ave, left arrow 1DI DBA (These three might be combinable) 11. Ia Street NE at Veteran's Park, south side of road. ~ae sided: Veterans Park, Adult Center, Public parking straight arrow, public parking right arrow 1PL DDA 12. at Veteran's Park consolidate parking signs 6 - 8 IP DDA (~Federal Hwy southbound at NE 1~t Street, west side of road. One sided: public parking, Old School Square, right arrow. Reduce clutter at intersection 1Df DDA (~ Federal Hwy southbound at Atlantic, east &west side of road. Two One sided: public parking, straight arrow, Beach left arrow, downtown fight arrow. Reduce clutter at intersection 2Df DDA B. Federal Hwy southbound south of Atlantic, west side of road. One sided: public parking, fight arrow. 1PD DDA C. Federal Hwy southbound south of Atlantic, east side of road. One sided: public parking, let~ arrow. 1PD DDA ~ 1a Street NE between 4th Avenue and FECRR, north side of road. one sided: public parking, straight and left arrows, old school square, straight arrow (Consolidate parking signs in lot 8-10 1P) 1D1 DDA (~) 1~t Street NE at Pineapple Grove Way, north side of road. 1 sided: Pineapple Grove Way both way arrow, Public parking, left arrow, (decide about other attractions: photo fusion, ocean lumber, ballet, etc) 1D1 DDA 16. Pineaplle Grove Way at lot, west side of road. Two 2 sided: Public Parking fight arrow and left arrow (Consolidate parking signs in lot 4-6 IP) 2PL DDA ~) 1~t Street NE at 1a Ave NE, north side of road. 1 sided: public parking, left arrow, old school square left arrow 1DI DDA 18. NE 1~t Avenue at lots, east side of street. Two sided: public parking fight and left arrows (Consolidate parking signs in lot 6-8 1P) 1PL DDA 19. NE 1~ Street at Swimon, north side of street. Two sided: City Hall, Community Center, right and left arrows,'~lel;l: City Hall, Community Center, straight arrow, Atlantic avenue, left arrow 1D1 -"[/ CRA 20. NW 1~t Street at NW 1~t Avenue, north side of road. Xk~ided: community center straight arrow, city hall right arrow, green market left arrow 1D1 CRA 21. NW 1~ Avenue at City Hall, east side of road. Two sided: City Hall Parking, fight and left arrows (Consolidate parking signs in lot 6-101P 1PL CRA 22. NW 1~t Avenue, at community cemer. Two sided: community center parking, fight and left arrows (Consolidate parking signs in lot 21P) 1PL DDA 23. NW 1a Avenue at Green market, east side of road. Two sided: Green market Parkng, CRA parking, right and left arrows (Consolidate parking signs in lot 6-81P) 1PL tlalt~,~ 24. Atlantic Avenue at NW 1a Avenue, North side of road Two sided: City hall, Community Center, Green Market, right and left arrows 1DIDDA 25. Atlantic Avenue at SW 2na Avenue, south side of road. Two sided: City hall, Community Center, Green Market, left arrow, Merritt Park, right arrow 1D! DDA 26. Atlantic Avenue at 3rd Avenue NW, north side of road. Two sided: Tennis Stadium, Parking, right and left arrow (Consolidate parking signs in lot 4-61P 1PL DDA 22~}Atlantic 4th south side of road. One sided: South Avenue at Avenue SW, Police, County Courthouse, Parking, right arrow 1DI DDA 28. Atlantic Avenue at Swinton, reduce clutter, consider repositioning existing signage 29. Atlantic avenue at 12~h Street, north and south side of road. Two one-sided: Housing Authority right arrow, Pompey Park, left arrow and vice versa 2DI DDA 30. NW 2~a Street at NW 12th Avenue, north side of street. One sided: Pompey Park 1DI CRA (~)Swinton at Ia Street SW, west and east side of road. Two one-sided: Beach, to US1, to A1A, Public Parking, let~ arrows, right arrows 2DI CRA 32. Atlantic Avenue at Pineapple Grove, modify existing sign to show parking to right and left '"~ DDA 33. 1a Street SE at 1a Avenue SE, north side of road. one sided: Public Parking, left arrow 1PD CRA $4. 1~ Avenue SE at lot, east side of road. two sided: Public parking right and left arrow (Consolidate parking signs in lot 8-10IP 1PL DDA 35. Atlantic Avenue at Pineapple Grove Way, north side ofroad. Two sided: Public parking, right arrow and left arrow 1PD DDA Atlantic Avenue at Ist Ave NE, north side of road. Two sided: Public parking, right arrow and left arrow 1PD DDA $6. 1~t Street SE at 2"d Ave. SE, north side of road. one sided: Public Pking 1PD DDA 37. 1a Avenue at lot, west side of road. two sided, public parking, right and left an-ow (Consolidate parking signs in lot 4-8 IP 1PL DDA 38. I~t Street at 4th Ave, north side of road. 1 sided: Public Pking left arrow 1PD DDA Gl4th Avenue SE at lot, east side of road. two sided: Public parking, Library, fight and left arrows (Consolidate parking signs in lot 6-101~ 1DI DDA ~) 1~t Street SE aat SE 6th Avenue, south side of road. one sided: US1 North, Public Parking, to Beach, to A1A, left arrow 1DI DDA I~1~t Street SE aat SE 6th Avenue, north side of road. two sided: US1 North, Public Parking, to Beach, to A1A, left and right arrows 1DI DDA 42. US1 northbound at lot before Atlantic Avenue, east and west side of road. One sided: Public Parking, fight and left arrows (Consolidate parking signs in lot 12-20IP 2 PL DDA B US1 northbound at Atlantic Avenue, west side of road. One sided: Downtown, left arrow 1DI DDA US1 northbound at Atlantic Avenue, east side of road. One sided: Beaches, fight arrow 1DI DDA (~bUS1 northbound at 1a Street NE, east side of street. One sided: Veteran's Park, lic Parking, right arrow 1DI DDA US1 northbound at 1't Street NE, west side of street, One sided: Old School Square, Public Parking, to US95 left arrow. Reduce clutter 1DI DDA 44. NE 4th Avenue at lot, between Atlantic and 1a Street NE, east side of road Double sided: Public Parking, fight and left arrows 1PL DDA 45. A1A at Linton, east side of road, repair and relocate existing sign Add one sided: downtown, beaches, straight arrow 1DI CITY 46. A1A at city limits, east side of road. Two sided: welcome, downtown, beaches, straight arrow, reverse: thanks for visiting 1GWDI CITY 47. A1A at George Bush, west side of road. Two sided: beaches, downtown, straight arrow, to US 1, downtown fight arrow; reverse: to US1, downtown, left arrow 1GWDI CITY 48. US1 northbound at Canal c-15, east side of road. Two sided: welcome, downtown, beaches, straight arrow; reverse thanks for visiting 1GWDI CITY 49. US1 northbound at Linton Blvd, south side of road, One sided: downtown, straight arrow, beaches, right arrow 1DI CITY (~)Atlantic Avenue at 4t~ Avenue, add library and public parking to back of existing si~n (verit~) ~.Z, ~ ~h'~ $1. US1 at Gulfstream, city limits, in median. Two sided: Welcome, Downtown Beaches, straight arrow, reverse thanks for visiting 1GWI)I CRA 52. A1A at Rhode Villa, Atlantic Dunes Beach, east side of road. Two sided: Atlantic Dunes Beach, Handicap Only Parking, right arrow, general parking left arrow, reverse Atlantic Dunes Beach, handicap only parking, left arrow (Consolidate parking signs in lot 4-6IP 1PL CITY A1A at Rhode Villa, Atlantic Dunes Beach, west side of road. Two sided: Atlantic Dunes Beach, Public Parking, right arrow, Handicap Only Parking, left arrow, reverse Atlantic Dunes BechGeneral parking, left arrow (Consolidate parking signs in lot 6-10 IP 1PL CITY 53. A1A at Anchor Park, between Casuarina and Bay, west side of road Two sided: Anchor Park, Public Parking, Life Guard HQ?, right and left arrows (Consolidate parking signs in lot 6-10IP 1PL CITY 54. A1A at lngraham Avenue, Sandoway House, west side of road. Three two sided: Sandoway House, Sandoway Park, Public Parking, fight and left arrows (Consolidate parking signs in lot 6-12 IP 3 PL CITY 55. Li~n Blvd,.t-Military Blfld,, median?./T, Cvo sided; wj~e~me, do~wn, revoke, thank~for visiting ,/IGWDI '"12.~.O~e... t~p¥,~.~ ~ CITY 56. Linton~d at~allace ]~voad, medi~--~rwo~elco~, dow]~cl~s,~' reverse,n'hank.M'fr visitin~ 1 G WDL~ '~..R ~, "~ CITY $7. Linton Blvd past Dixie, south side of road. One sided: downtown, left arrow, beaches, straight arrow 1DI CITY $8. Limon Blvd at Federal, south side of road. One sided: downtown, left arrow, beaches, straight arrow 1DI CITY 59. Atlantic at Military Blvd, median?. Two sided; welcome, dowtown, beaches, reverse, thanks for visiting 1GWDI CITY rlTY OF DELRI:IY BEI:IrH CITY ATTORNEY'S OFFICE DELRAY BEACH AH.Amed(:a City 1993 TO: FROM: SUBJECT: 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 MEMORANDUM November 3, 2000 City Commission David T. Harden, City Manager ~ Jay T. Jambeck, Assistant City Attorne3~ Chris Evert Pro-Celebrity Tennis Classi01Agreement Attached please find the above-referenced agreement. The agreement contains only slight modifications from the agreement approved by the City Commission for the 1999 Classic. Some highlights of the agreement are: · Grants a license for a two-day tennis classic to be held in the Tennis Center on December 2 and 3, 2000. · Provides that the City will make a $25,000 contribution to Chris Evert Charities, Inc., $20,000 of which will be donated to the Drug Abuse Foundation. · The City will provide police, fire and traffic control; office space in the community center; and other services necessary for the operation of the event. · In return, the City will be featured in all promotional materials for the event. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the November 7, 2000 City Commission meeting. If you have any questions, please do not hesitate to contact me. CC: Alison MacGregor Harty, City Clerk Brahm Dubin AGREEMENT THIS AGREEMENT, made and entered into this __ day of 2000 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "City"), and CHRIS EVERT CHARITIES, INC., (hereinafter referred to as "Charities" ). WITNESSETH: WHEREAS, the CITY owns and controls certain property upon which is located the City of Delray Beach Municipal Tennis Center; and, WHEREAS, CHARITIES, is desirous of using the Municipal Tennis Center for the purpose of holding a sporting event to be known as the Chris Evert Pro-Celebrity Tennis Classic ("Classic") at the Tennis Center; and, WHEREAS, the CITY believes that holding the Chris Evert Pro-Celebrity Tennis Classic at the Municipal Tennis Center (the "Tennis Center" or the "Site") will grant the citizenry of Defray Beach many tangible and intangible benefits; and, WHEREAS, the CITY and CHARITIES entered into a license agreement dated August 11, 1998 and another agreement on December 8, 1999 for December 11, 12, 1999 which has subsequently expired; and WHEREAS, CHARITIES understands that Coca-Cola Enterprises, Inc. (Coca-Cola) has exclusive pouring rights at the Tennis Center and CHARITIES shall not enter into any agreements that would be counter to Coca-Cola's pouring rights in the City unless otherwise agreed to by CITY, Coca-Cola Enterprises, Inc. and CHARITIES. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. LICENSE; TERM. The CITY hereby grants to CHARITIES for December 2 and 3, 2000, the right and privilege to stage, use, manage and operate the municipal tennis stadium and necessary surrounding property for a two Day Classic. CHARITIES' rights shall cover an additional five (5) day period before the commencement of the Classic to set up necessary facilities and an additional day after the Classic to remove necessary facilities. 2. LICENSE AGREEMENT ONLY. This agreement between the CITY and CHARITIES is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Furthermore, this License Agreement does not grant nor is CHARITIES receiving hereunder any rights to any real property of the CITY nor any property interests except as set forth in this agreement. 3. FACILITIES AND SERVICES PROVIDED BY CITY. (a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at no charge to CHARITIES the following facilities and production assistance in connection with the conduct of and staging of the Classic: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) use of a 4,000 seat stadium court and three (3) practice courts throughout the Classic (the "Courts'); use of a mutually agreed upon number of courtside boxes and skyboxes; preparation and maintenance of the Courts throughout the Classic; television tower and platform and all necessary electricity to provide power to the tower and platform throughout the Classic; a public address system; nets, net posts, single sticks, an umpire's chair, linepersons chairs, skirted tables, end and side line buntings, and numbered seating; parking for boxholders, players, sponsors, ticketholders, press, staff, and volunteers (CHARITIES to implement, manage and staff parking, including reserved areas); all electrical power and one on-site electrician (all costs and expenses are CITY'S responsibility) for the duration of the Classic (hook-ups not included); 2 (ix) adequate space for and operation of concessions, retail booths, etc. (CHARITIES shall place and operate the concessions and retain all revenues from its concessions and retail booths); (x) restroom facilities and supplies; (xi) additional courts for pro-am, clinics, etc., as mutually agreed; (xii) the use of areas for celebrities, press, press interview, tournament staff, volunteers, ballkids, officials, ticket office, and VIP hospitality and the use of locker rooms, as mutually agreed. Areas should include tables, chairs, furniture and air conditioning, as mutually agreed; (xiii) on and off-site directional signage; (xiv) all necessary permits; (xv) adequate assistance with on-site security including security for the celebrities, ticket office, and press area; (xvi) adequate police, fire support and traffic control; (xvii) teaching professionals to assist with tennis pro-ams held in connection with the Classic; (xviii) mutually agreed upon marketing and sponsorship support of the Classic; (xix) access to utilities to include but not be limited to water/sewer, electric/lighting; and (xx) reasonable use of the gymnasium at the Community Center, including floor cover as provided by the Community Center. (b) During the term of this Agreement (defined below) CITY agrees to make a contribution to CHARITIES in the following amounts with respect to each Classic: (i) Year Contribution Amount Due Due Date 2000 US$25,000 $12,500 $12,500 Upon the Execution and Delivery of this Agreement December 15, 2000 (ii) CHARITIES will contribute (US$20,000.00) to the Drag Abuse Foundation of Palm Beach County, Inc., on or before March 1, 2001. (iii) If CHARITIES fails to hold the Classic in any year, CHARITIES will refund to the CITY its contributions. (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) CHARITIES, 4. STAGING AND PRODUCTION OF CLASSIC. The organization, staging, and conduct of each Classic will be the responsibility of CHARITIES, which responsibilities shall include the following: Handling ticket sales; Obtaining a Classic Director, all personnel involved in each Classic, and the Classic participants; Administering the entire Classic; Setting up each Classic on-site and handling all on-court activities of the Classic; Soliciting sponsorship sales and television rights sales for each Classic; Handling promotions, advertising, sales, public relations, and program production for each Classic; Liaising with the charity beneficiaries selected by CHARITIES for each Classic; CHARITIES shall be responsible for site clean-up of restrooms and for garbage pick-up; CHARITIES is responsible for covering courts as set forth in Paragraph 7 if VIP tents are to be set up or if needed to cover courts used for contents; CHARITIES shall pay for all dumpsters needed for the event; and CHARITIES shall pay for all expenses relating to phone usage by including, but not limited to, hook-up, dial tone, and usage charges. 5. ACKNOWLEDGMENT BENEFITS. In acknowledgment of the services provided by the CITY in Paragraph 3 hereof, CHARITIES agrees that CITY will have the following acknowledgment rights in relation to the Classic, subject to the provisions of this Agreement: (a) Recognition of Tennis Center as the Host Site of the Classic; (b) Inclusion of CITY'S name and/or logo in all print, radio, and television advertising created by CHARITIES to promote the Classic; (c) Inclusion of CITY'S name on the front cover of all promotional materials created and distributed by CHARITIES; (d) Inclusion of CITY'S name in all press materials; (e) One (1) full-page promotional acknowledgment in the Official Classic Program (CITY to provide camera-ready copy in advance of publication deadlines) and listing on the program cover; (f) Audio and graphic mentions during the telecast and best efforts to create overview shots of Delray Beach in the opening of the broadcast; (g) Eight (8) box seats and ten (10) tickets per session; (h) Thirty-Two (32) invitations to the Chris Evert cocktail reception; (i) Four (4) seats at the Chris Evert Black-Tie Gala; (j) Two (2) center court banners (to be provided by CITY at its sole expense and subject to the prior approval of CHARITIES); (k) Use of booth space on-site for promotional purposes (with all material subject to the prior approval of CHARITIES); (1) Special ticket offer for members of the Tennis Center to attend the Classic; (m) Participation of CITY in press conferences for the Classic; and (n) Participation in center court awards ceremony. 5 6. CLASSIC EXPENSES AND REVENUES. (a) CHARITIES shall be responsible for collecting all revenues generated by, and paying all expenses incurred for, the Classic, except for those expenses associated with CITY'S obligations set forth herein, subject to Paragraph 43 hereof. (b) CITY acknowledges that CHARITIES will not pay CITY for any expense incurred by CITY in conjunction with the Classic unless CITY has submitted a written estimate of such expense to CHARITIES and obtained written approval from CHARITIES of such expense in advance. 7. INSTALLATION OF FLOORING. The CITY shall provide, at CHARITIES' option, up to I0,000 square feet of temporary flooring for the Classic. CHARITIES shall be responsible for paying all costs up to and not to exceed three thousand five hundred dollars (US$3,500) for installation of the initial 10,000 square feet of flooring. The CITY shall be responsible for the actual installation of the floor. If more than 10,000 square feet of flooring is required by CHARITIES, then CHARITIES shall pay all costs involved in obtaining such additional flooring and for all costs of installation of the additional flooring. 8. OFFICE SPACE. The CITY shall provide to CHARITIES office space in the community center and reasonable use of the board room and ticket window section of the ticket office at a date beginning upon the Monday preceding the Event and ending one day after the completion of the event. The exact space to be used by CHARITIES shall be determined as mutually agreed upon by the parties. In the event the parties cannot mutually agree upon a space, the CITY shall have the sole discretion to determine the space to be used by CHARITIES. Upon vacating the office space, CHARITIES shall leave the space utilized in a condition equal to that which existed on the date CHARITIES occupied the space, ordinary wear and use thereof only excepted. 6 9. FORCE MAJEURE. If CHARITIES or the CITY is prevented from or interfered with in any manner whatsoever in fully performing its agreements (including its ability to conduct the Classic(s)) hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the foregoing all being examples of an "event of force majeure"), then CHARITIES' and the CITY'S obligations hereunder will be suspended as often as any such event of force majeure occurs and during such occurrences, CHARITIES' and CITY'S nonperformance will not be deemed a breach of this Agreement 10. AUTHORIZED AGENT. CHARITIES hereby designates International Merchandising Corporation, 525 Plymouth, Suite 317, Plymouth Meeting, Pennsylvania 19462, Attn: Barbara Perry, as CHARITIES' authorized agent for all purposes hereunder. All notices or submissions to be made or delivered by CITY to CHARITIES pursuant to this Agreement shall be delivered to said address free of all charges, such as, for example, shipping charges and customs charges. 11. TAXES. CHARITIES shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and use tax. 12. PROOF OF INSURANCE. CHARITIES shall provide the CITY with proof of insurance being in force. The type and quantity of insurance is more particularly set forth in Exhibit "A" to this agreement. Proof of such insurance shall be due by 30 days prior to the first day of the event. The insurance shall name the CITY and Dubin & Associates, Inc. as additional insured. 7 13. FINANCIAL RESPONSIBILITY. CHARITIES agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the Classic including, but not limited to, all accounting and reporting as may be required by law. CHARITIES further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of the Classic, and which are not provided for in this Agreement. 14. OTHER SERVICES AND SUPPLIES. CHARITIES further agrees that all services and supplies not specifically identified herein shall be provided by or through CHARITIES. 15. CONCESSION RIGHTS OF CHARITIES. CHARITIES may sell food, beverages, confections, refreshments and novelties or may, subject to approval by CITY, contract with another to provide such service except that CHARITIES will not offer for sale items that are prohibited by the CITY'S agreement with Coca-Cola of Florida (Attached hereto as Exhibit "B"), unless otherwise agreed to in writing by CITY, Coca-Cola Enterprises, Inc. and CHARITIES. In providing the concession service, CHARITIES or any person, firm, or corporation with whom it contracts for such purpose (hereinafter referred to as "concessionaire") shall comply with the following provisions provided, however, that CHARITIES shall remain ultimately responsible to CITY for all obligations required of the concessionaire: a. Concessionaire shall, prior to commencing any activities, obtain any and all permits and licenses that may be required in connection with the operation of this concession. b. All food, drinks, beverages, confections, refreshments, etc. sold or kept for sale shall be first class and quality, in accordance with the Department of Health requirements, shall conform to all federal, state, county, and municipal laws, ordinances and regulations in all respects. c. Neither Concessionaire nor CHARITIES shall have the option to sell alcoholic beverages at the Tennis Center for the Classic. CITY shall have the exclusive right to sell alcoholic beverages for the Classic. CITY is entitled to retain one hundred percent (100%) of all revenue generated by the sale of alcoholic beverages. d. Concessionaire may, at its expense, furnish additional equipment and fixtures to be utilized in the concession. Concessionaire shall submit plans and speci- fications concerning fixtures and equipment to CITY for approval prior to installation of any items. For the purpose of this Agreement, "fixture" shall be defined as anything annexed or affixed to a building or structure or which appears to be so affixed or annexed, regardless of whether it is capable of being removed. e. The Concessionaire shall provide all maintenance, repair and service required on all equipment used on the concession. f. Concessionaire shall keep all fixtures, equipment and personal property, whether owned by Concessionaire or CITY, in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize as required and whenever directed to do so by CITY. All state health laws and state health department regulations must be strictly complied with. All janitorial services necessary in concession area shall be provided by Concessionaire at Concessionaire's expense. g. Concessionaire agrees to dispose of all refuse and garbage, in compliance with all applicable laws, ordinances and health codes, at Concessionaire's expense, and to keep outside container areas cleaned at all times. h. If the concession is operated by a person, firm or corporation other than CHARITIES, such person, firm, or corporation shall at all times maintain workers' compensation insurance coverage for all employees which it employs within the areas and facilities covered by this Agreement, together with the policy or policies of public liability and products liability insurance and provides limits of at least One Million ($1,000,000.00) Dollars for combined single limit coverage; provide liquor liability insurance with limits of at least One Million ($1,000,000.00) Dollars and provide fire legal liability in the amount of Five Hundred Thousand ($500,000.00) Dollars. Such policies shall provide that they will not be cancelled or amended without at least ten (10) days written notice to the Risk Manager of CITY and shall name CITY, its officers, agents and employees and Dubin & Associates, Inc. as additional insureds. 16. ACCEPTANCE OF TOURNAMENT SITE. (a) Prior to the Classic, CHARITIES may inspect and examine the Site to determine that said Site is in adequate and satisfactory condition for the uses contemplated. CHARITIES assumes full responsibility and liability for all damages, losses and liability caused by conditions on the Site, which arise once it commences use and occupancy of the Site, and which conditions are caused by or result from the actions of or failure to act by CHARITIES, its employees, agents or representatives, or by the actions of or failure to act by exhibitors, independent contractors, workers or invitees of CHARITIES while on the Site. CHARITIES indemnifies, defends and holds CITY harmless for any such claims unless such damage, loss or liability was caused by conditions on the Site which are inherent in the structures involved, or the direct result of CITY'S (including its employees and agents), negligence. (b) CITY shall not be responsible for any damage or injury to, or personal conduct, safety and welfare of CHARITIES, its employees, agents or representatives, or exhibitors, independent contractors, workers, and invitees while on the premises and CHARITIES expressly indemnifies, holds harmless and releases CITY from any and all such claims, damages, losses or liability associated therewith, unless such claim, damage, or liability is the result of CITY'S (including employees and agents) negligence. 17. REPAIR, REPLACEMENT AND MAINTENANCE. CHARITIES shall pay all costs for cleanup, repair and replacement and all damages of whatever origin or nature, for which it is responsible, ordinary wear and use thereof only excepted, which may occur during the term of this Agreement in order to restore the Site to a condition equal to the condition at the time CHARITIES occupies the Site. CHARITIES shall be responsible for clean-up of the Site during and after the Classic. If at any time CITY determines that the clean-up services provided by CHARITIES are not 10 adequate or that said services endanger public health and safety, CITY shall notify CHARITIES in writing and if CHARITIES fails to clean up after receipt of written notification, CITY may provide these services. CHARITIES shall reimburse CITY for the costs of providing these services and for the actual costs of any supplies. 18. TICKET SALES. All tickets for admission shall contain language approved by CHARITIES and CITY establishing that the tickets create a revocable license. Prior to the sale of any admission ticket, CHARITIES shall provide City Manager or his designee with the established selling price of each type and kind of ticket for his review and approval. 19. ADVERTISING MATTER. (a) CHARITIES agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the site of the Classic in all publications, advertising and any electronic broadcast, and to permit CITY to use CHARITIES' trademark or any trademark authorized to be used by CHARITIES, and CITY agrees to permit CHARITIES to use the CITY'S name and logo and trademark during the term of this Agreement solely in the connection with the Classic. CITY agrees that promotional material created by CITY with regard to the Classic is subject to the approval of CHARITIES. CHARITIES agrees that any material submitted by CITY will not be unreasonably disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the disapproval. (b) All printed material and advertising matter to be used prior to or at the Classic which include the name City of Delray Beach or its official seal shall be submitted to the City Manager or his designee for his approval at least two (2) weeks prior to the proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or his designee. CITY agrees that it shall always use the official name of the Classic as designated by CHARITIES and no other name when making reference to the Classic in CITY'S promotional materials. 11 (c) If CHARITIES is able to secure television coverage for the Classic, CHARITIES shall ensure that any such television coverage of the Classic shall specifically mention the CITY as the host in the opening of each and every broadcast. CHARITIES will provide CITY with an overview of the City of Delray Beach. (d) CITY and CHARITIES will mutually agree to temporarily cover advertisements, corporate logos or trademarks that appear throughout the Tennis Center, expenses to be shared by parties. All material used to cover such advertisements or logos shall be mutually agreed upon by CITY and cHARITIES prior to use. Upon completion of the event, the parties shall mutually agree to remove any and all covering and shall return advertisements or logos to their previous condition. If any claim or cause of action is brought against the CITY for any damage or loss alleged to have been caused by CHARITIES covering of advertisements or logos, then CHARITIES agrees to defend all actions to which this Paragraph 19 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this agreement. 20. EVENT PERSONNEL AND EQUIPMENT. CHARITIES shall provide all personnel needed for the Classic, including, but not limited to, ticket sellers, ticket takers, ushers, sound technicians and stage hands except as otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement. 21. POLICE AND EMERGENCY PERSONNEL. CHARITIES agrees to make arrangements with the CITY Police Department to provide for CITY police personnel which the CITY determines, in its sole discretion, is necessary for the Classic. Also, CHARITIES shall contact the CITY Fire Department to make arrangements for Emergency Medical Teclmician personnel to be present at the Classic. 12 22. CITY'S RIGHT TO CONTROL PREMISES. CITY at all times reserves the right to eject or cause to be ejected from the premises any person or persons violating or to keep persons from violating any of the rules or regulations of the Tennis Center or any city, county, state or federal laws, and neither CITY nor of any its officers, agents or employees shall be liable in any manner to CHARITIES or its officers, agents or employees for any damages which may be sustained by CHARITIES through the exercise of this right by CITY. 23. ALCOHOLIC BEVERAGE LICENSE. In the event an alcoholic beverage license is required, CITY or its agents shall apply for and obtain a temporary alcoholic beverage license from the State of Florida Department of Business Regulations, Division of Alcoholic Beverages and Tobacco for the sale of alcoholic~ beverages at the Site for the Classic. CITY shall display said license in a conspicuous place at the Site of the sale and/or distribution of the alcoholic beverages. CITY shall be solely responsible for timely reporting and remitting the appropriate retail surcharge on the alcoholic beverages sold for consumption to the Division of Alcoholic Beverages and Tobacco. CITY shall strictly comply with all rules and regulations established by the Division of Alcoholic Beverages and Tobacco of the State of Florida and any other applicable statutory and regulatory regulations. 24. VACATION OF CLASSIC SITE. CHARITIES agrees to vacate the licensed Classic Site no later than one (1) day after the completion of the Classic; to leave said Classic Site in a condition equal to that in existance at the commencement date CHARITIES occupies the Classic Site each year, ordinary wear and use thereof only excepted, and that CHARITIES shall remove from the Classic Site within five (5) days following the closing of the Classic, all material and equipment owned by CHARITIES. 13 25. NON-DISCRIMINATION. A. That CHARITIES for itself, its personal representatives, successors in interest, assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, national origin, age, or sex shall be excluded from participa- tion in, be denied the benefits of, or otherwise be subject to discrimination. 3. That CHARITIES shall use the premises in compliance with all other requirements imposed or pursuant to Title 45, Code of Federal Regulations, Article 80, Non-discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. B. That in the event of a proven breach of any of the above non-discrimination covenants, the CITY shall have the right to terminate the license and to take possession of said facilities and hold the same as if said license had never been made or issued. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. C. CHARITIES shall not discriminate against any employee or applicant for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, physical handicap (except where based on a bona fide occupational qualification); or because of marital stares, race, color, religion, national origin or ancestry. 14 26. CHANGE IN LAW. During the term, the CITY reserves the right to restate and/or renegotiate with CHARITIES such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the downtown site. In the event that the CITY and CHARITIES are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 27. CANCELLATION BY CITY. The occurrence of any of the following cause this Agreement to be automatically terminated: A. B. Institution of proceedings in voluntary bankruptcy by CHARITIES. Institution of proceedings in involuntary bankruptcy against CHARITIES if such proceedings lead to adjudication of bankruptcy and the CHARITIES fails within ninety (90) days to have such adjudication reversed. The CITY shall have the right, after fourteen (14) calendar days written notice sent by registered or certified mail to CHARITIES specifying the amount of payment(s) in default, to terminate this Agreement whenever the non-payment of any sum or sums due hereunder continues for a period of ten (10) calendar days after the due date for such payments; provided, however, that such termination shall not be effective if CHARITIES makes the required payment(s) during the fourteen (14) calendar day period following receipt of the written notice. 28. DEFAULT BY CHARITIES. The CITY may terminate this Agreement for cause upon CHARITIES' failure to perform any of the terms and conditions of this Agreement and such failure in performance not remedied by CHARITIES within thirty (30) days after receiving notice in writing of such default or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and the CITY'S 15 intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from the CITY. 29. DEFAULT BY CITY. CHARITIES may terminate this Agreement for cause upon CITY'S failure to perform any of the terms and conditions of this Agreement if such failure in performance was not remedied by CITY within thirty (30) days after receiving notice in writing of such default, or in cases where remedial measures may take longer than thirty (30) days, satisfactory remedial action must begin and be consistently undertaken within thirty (30) days after receiving notice in writing stating the nature of the failure of performance and CHARITIES' intention to terminate if not corrected and which remedial measures must be completed within a reasonable time set forth in the notice from CHARITIES. 30. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Defray Beach, Florida 33444 To CHARITIES: International Mechandising Corporation Re: Chris Evert Pro-Celebrity Tennis Classic 525 Plymouth, Suite 317, Plymouth Meeting, Pennsylvania 19462, Attn: Barbara Perry or to such other addresses as either party may designate in writing. 31. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly 16 authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not auto- matically invalidate the entire Agreement. 32. INDEMNIFICATION. (a) To the fullest extent permitted by laws and regulations, CHARITIES agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and assigns and Dubin & Associates, Inc., harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use, maintenance, or operation of the licensed facilities, including but not limited, to the exterior facilities and grounds, parking areas, pedestrian walkways, vehicular paths and grassy areas, by CHARITIES or its officers, agents, employees, or independent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by CHARITIES, its players, agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either CHARITIES or any player, agent or employee of CHARITIES: (c) the breach by CHARITIES of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by CHARITIES in this Agreement. CHARITIES shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable. (b) CHARITIES agrees to defend all actions to which this Paragraph 32 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this indemnification agreement. (c) Such indemnification shall be limited to the amount of commercial general liability insurance which CHARITIES is required to obtain under this License Agreement. 17 (d) Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph 32 shall survive the execution, delivery and performance of this Agreement. 33. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any property placed on the Site by CHARITIES, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Site under this Agreement, unless such damage, loss or liability is caused by CITY'S (including employees and agents) negligent, reckless or intentional act(s). If any claim or cause of action is brought against the CITY relating to personal property as contemplated by this paragraph, and where such claim or cause of action is not founded on the negligent, reckless or intentional action of the CITY (including employees and agents), then CHARITIES shall defend any such action in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such pro- ceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CHARITIES under this agreement. 34. INDEPENDENT CONTRACTOR STATUS. CHARITIES and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement or for any other reason whatsoever. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 18 35. WARRANTY. Except as otherwise provided for herein, the CITY and CHARITIES represent that they have, to the best of their knowledge and belief, all rights and authority necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either CHARITIES or CITY is a party. 36. ASSIGNMENT. This Agreement shall bind and inure to the benefit of CHARITIES and the successors and assigns of CHARITIES. The rights granted CHARITIES hereunder shall be exclusive to it and shall not, without the prior written consent of CITY, be transferred or assigned to any other. 37. RESERVATION OF RIGHTS. All rights not herein specifically granted to CHARITIES with respect to the Classic shall be and remain the property of CITY. 38. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between CITY and CHARITIES in respect to the subject matter of this Agreement and supersedes all prior agreements. 39. EXECUTION AND DELIVERY REQUIRED. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of CHARITIES or CITY, or either of them, unless and until it has been signed by representatives of CHARITIES and CITY and delivery has been made of a fully-signed original. 40. CHARITIES' TAX-EXEMPT STATUS. All activities and operations of CHARITIES will be consistent with an organization which is exempt from federal income tax under Section 501(a) of the Internal Revenue Code, by virtue of being an organization described in Section 501(c)(3) of the Internal Revenue 19 Code. To conflict with CHARITIES' tax-exempt organization, such obligation is hereby waived by CITY and shall not be binding upon CHARITIES. In the event any obligation to CITY is waived on account of the foregoing sentence, suitable alternative arrangements, consistent with CHARITIES' tax-exempt status, will be made so as to avoid any inequity to CITY. 41. THIRD PARTIES. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 42. VENUE. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 43. TICKETMASTER. (a) CITY or its designee shall provide the services of its facility and box office through Ticketmaster only for those tickets elected by CHARITIES to utilize such services in connection with the Classic. The CITY and Ticketmaster must concur in the election. These services will be provided in a timely, professional and diligent manner and in accordance with CHARITIES reasonable ticket specifications. CHARITIES agrees that it will provide facility and box office services for those tickets for which CHARITIES does not elect to utilize the services through Ticketmaster. (b) In full payment for the ticket services, CHARITIES agrees to CITY imposing a two and one half percent (2.5%) charge against ticket proceeds where such proceeds are generated through credit card sales; five cents ($.05) per ticket for ticket stock; a customer convenience charge as outlined in Exhibit "C"; and a handling charge in the amount of $2.50 20 per order from each consumer. CITY acknowledges that no other amounts will be charged to CHARITIES (other than payment of state sales tax) for ticketing for the Classic. (c) CITY shall pay ninety percent (90%) of all amounts due to CHARITIES seven days subsequent to the completion of the event. CITY shall pay the balance of the remaining ten- percent (10%) to CHARITIES within 60 days after the completion of the event, less amounts for which refunds have been issued. If CHARITIES fails to hold the event as scheduled, CHARITIES shall be responsible to Ticketmaster-Florida, Inc. for all refunds incurred as a result of the cancellation or rescheduling, up to the face amount of the ticket price per ticket purchased and refunded plus any additional credit card fees that may be imposed. 44. APPROVALS All approvals to be given by a party to this agreement shall not be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By:. David Schmidt, Mayor Approved as to Form: City Attorney 21 WITNESS: (prim or type name) STATE OF COUNTY OF CHRIS EVERT CHARITIES, INC. By: Name Printed: Title: SEAL The foregoing instrument was acknowledged before me this __ day of , 2000 by , of CHRIS EVERT CHARITIES, INC., a corporation, on behalf of the corporation. He/She is personally known to me/or has produced (as identification. Signature of Notary Public EveH 2000agt.doc 22 EXHIBIT A Initials INSURANCE REQUIREMENTS OF THE CITY OF DELRAY BEACH FOR AGREEMENT WITH CHRIS EVERT CHARITIES~ INC. CHAR/TIES shall not commence operations under the terms of this Agreement until certification or proof of insurance, detailing terms and provisions of coverage, has been received and approved by the City of Delray Beach Risk Manager. If you have any questions call (561) 243-7150. The following insurance coverage shall be required. Worker's Compensation Insurance coveting all employees and providing benefits as required by Flotida Statute 440 and including Employers Liability coverage, regardless of the size of your firm. CHARITIES further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course and scope of their employment. Comprehensive commercial general liability insurance to include coverage for premises and operations, independent contractors, broad form contractual liability, personal injury, and if items are sold, products and/or liquor liability, in connection with the contractual relationship and activities being done under tiffs agreement. The policy will be endorsed to include the City of Delray Beach and it's designees named as additional insureds. The insurance will be wrinen on an occurrence basis with the limits of liability not less than $2,000,000.00 combined single limit per occurrence, and as an annual aggregate, coveting bodily injury, property damage and personal injury. Motor Vehicle Liability Insurance cover/ng all vehicles associated with CHARITIES' operations to include all owned, non-owned and hired vehicles. The coverage will be written on an occurrence basis with limits of liability not less than 5; 1,000,000.00 combined single limit per each occurrence. The certification or proof of insurance must contain a provision for notification to the City thirty (30) days in advance of any material change in coverage, non- renewal or cancellation. CI-IARITIES shall furnish to the City, Certificate(s) of Insurance evidencing insurance required by the provisions set forth above, thirty (30) days prior to the holding of the event. If so requested by the City, certified copies of insurance policies will be provided by the CHARITIES. If any of the above coverages expire during the term of this agreement, CHARITIES will provide a renewal certificate at least ten (10) days pr/or to expiration. Mail to: City of Delray Beach, Attn. Risk Manager, 100 N.W. 1s~ Avenue, Delray Beach, Florida 33444. EXHIBIT AMENDED AND RESTATED AGREEMENT BETWEEN COCA-COLA ENTERPRISES, INC., D/B/A FLORIDA COCA-COLA BOTTLING COMPANY AND TI-IE CITY OF DELKAY BEACH~ FLORID.& TI-lIS A/VIENDED and RESTATED AGREEMENT between COCA-COLA ENTERPRISES, INC., dFa/a FLORIDA COCA-COLA BOI'TLING COMPANY (Coca- Cola) and the CITY OF DELRAY BEACH, FLORIDA (City) is made this /,~.'~day of ~ 2000. WITNESSETH: WHEREAS, Coca-Cola and the City entered into an Agreement on May 2, 1997, known as Bid # 97-17 - Soft Drink Vending Service Contact (Coca-Cola Contrac0; and WHEREAS, Coca-Cola and the City wish to amend and restate the terms of the Agreement dated May 2, 1997; and NOW, TI-~REFORE, for the mutual promises, covenants, and agreements contained herein, the parties covenant and agree as follows: 1. That the recitation~ set forth above are incorporated as if fully set forth herein. 2. The term of this contract shall commence upon execution by both parties and extend until May 2, 2003. 3. Coca-Cola shall have exclusive pouring rights at the Delray Beach Municipal Term.is Center (Termis Center), except as provided by paragraph 8. 4. Coca-Cola shall have the full service vending placements as provided by Exakibit "A", attached hereto and incorporated herein. Cora-Cola shall provide 24 hour, 7 days a week priority service for all mechanical problems with its equipmem. Response time will be within 24 hours of the service call. Response time for emergency fountain service shall be within 2 hours of receiving a service call. 5. Coca-Cola shall provide the brand names as shown on Exhibit "B" as well as bottled water. The vending machines shall be filled by a full service driver employed by Coca-Cola. 6. Coca-Cola shall reimburse the City the following amounts from the sales it incurs from the vending machines listed on Exhibit "A": soft drinks, 12 oz. cans - 15% of net sales juice, 11.5 oz. cans- 12% of net sales bott/ed water, 16 oz. bottles - 12% of net sales soft drinks, 20 oz. bottles - 15% of net sales isotonics, 11.5 oz. can~ - 125 of net sales 7. Coca-Cola shall provide on an annual basis throughout the 3 year term, the following items: a). Promotional items to the Parks and Recreation Dept. Value T-stfirts~e'outh Uniforms Program Printing Scoreboards Snacks (aftcrschool program) $2,000 $ 500 $6,000 $1,500 b). Coca-Cola shall provide the City, annually, cash sponsorship of $6,000 to be used at the discretion of the City. c). the City. Coca-Cola shall provide, annually, radio advertising in the amount of $5000 to d). Coca-Cola shall provide the City, in reasonable quantities as requested by the City, at no charge, the following items for special events: Special Event Trailers 55-Gallon Plastic Barrels Special Event customized 3' x 10' banners 64-Quart Ice Chests 10-Galon Thenno Coolers Vendor Hawking Trays Advanced booking of sixty days is requested to insure availability 8. During the terra of this Agreement, the City shall be entitled to twelve (12) blackout days, annually, where the City may seek other sponsorships for events at the Tennis Center. The City shall provide 30 days notice to Coca-Cola of its intent to use all or part of the 12 blackout days. If the City falls to notify Coca-Cola as provided for herein, Coca-Cola shall have the right to provide carbonated soft drinks, isotonic beverages, and bottled water for the Tennis Center event. 9. If Coca-Cola provides exclusive beverage pouring rights during the ATP Tournament owned by Match Point, Inc., (presently known as the Citrix Tennis Championships and referred to hereinafter as "Citrix Tournament"). provide the following at no cost: a). ITEMS Donated Product (225 cs) Donated Pre-Mix Tanks (30) Barrel Coolers (15) Visi-Coolers (10) Custom Banners (5) Media Tags (138) VALUE $2,625 $ 510 $1,500 $2,000 $1,000 $24,150 Coca-Cola shall also b). In addition, Coca-Cola will create a custom in store promotion with a local retail partner, supported by point-of-sale (value of $30,000.00). Coca-Cola shall also provide ten (10) thematic truckbacks promoting the Citrix TenvJs Championships scheduled 4 weeks prior to the event (value of $30,000.00). 3 c). Additional equipment that shall be available at no charge to the City for the Citrix Tournament, in reasonable quantities as requested by the City, is as follows: Special Event Trailers 55-Gallon Plastic Barrels 48-Quart Ice Chests Vendor Ha~/,king Trays Portable Pre-Mix Units Menu Boards On site Umck to store product d). Pricing for Coca-Cola's product shall be as follows for the Citrix Tournament: PACKAGE 20oz CSD 12oz CSD 20 oz PowerAde 20 oz Dasani Water 20 oz Fraitopia 16 oz Minute Maid Juices PRICE $16.25 $ 6.75 $15.00 $10.60 $16.25 $16.25 A rebate of $2.75 on 20oz CSD, and $1.50 on 12oz CSD will be paid to the City for all net purchased cases. Ail products must be purchased directly from the West Palm Beach Coca-Cola. e). Coca-Cola shall also receive two (2) four seat boxes for all sessions of the Citrix Tournament as well as ten (I0) additional reserved tickets for all sessions. 10. Should the City fail to use its blackout days and Coca-Cola declines to exercise its rights to sponsor the Citrix Tournament, the City will be permitted to seek outside sponsorship for the Citrix Tournament or other events during a blackout period. Coca-Cola retains its exclusive pouring rights at the Tennis Center subject to Paragraphs 8 and 9. 11. Coca-Cola shall offer the Full Service Bounce Back Program to the City. As part of the program Coca-Cola shall attempt to place up to 25 full service vending machines at various business and retail outlets. These business and retail outlets would then allow the commissions received from the vending machines to be relinquished to the City. 12. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 13. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses to: As to City: City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 3~4~.", As to Coca-Cola: Florida Coca-Cola Bottling Co. 6553 Garden Rd. Riviera Beach, FL 33404 14. Coca-Cola shall not, without prior written consent of the City, assign any portion of its interest under this contract and, specifically, Coca-Cola shall not assign any moneys due or to become due without the prior written consent of the City. 15. The City and Coca-Cola each binds itself, its partners, successors, assigns and legal representatives to the other pan5' hereto in respect to all convenants, agreements and obligations contained in the contract documents. 16. Coca-Cola, for good and valuable consideration shall indemnify, defend and save harmless the City, its officer's agents, and employees, from or on account of any claims, damages, received or sustained by any person or persons resulting from the work provided for this Project; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any use of any improper materials or by or on account of any act or omission of Coca-Cola or its subcontractors, agents, servants or employees. Coca-Cola agrees to defend, ~ndcmn~fy and save harmless thc City its officers, agents and employees, against any liability arising from or based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by Coca-Cola, its subcontractors, .agents, servants or employees. Coca-Cola further agrees to defend, indemnify and save harmless the City, its officers, agents, or employees from all such claims, fees, and from any and all suits and actions of every name and description that may be brought against the City or its of'ricers, agents or employees on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought agaEst the City, its officers, agents, or employees for the infringement of any and all patents or patent rights claimed by any person, fa-m or corporation. The indemnification provided above shall obligate Coca-Cola to defend at its own expense or to provide for such defense, at the City's option, any and all claims or liability and all suits and actions of every name and description that may be brought against the City, its officers, agents, or employees which may result from the operations and activities under this contract whether the work be performed by Coca-Cola, its subcontractor or by anyone directly or indirectly employed by either. This indemn/fication includes all costs and fees including attorney's fees and costs at trial and appellate levels. 17. It is recognized by Coca-Cola that the City's Mun/cipal Tennis Center has been financed with proceeds of mx exempt debt and may be re-financed from time to time in the future and that the Internal Revenue Code of 1986, as amended, limits the private use of governmentally owned facilities constructed with tax exempt debt, such as a tennis stadium, in order to maintain the tax exempt stares of the debt issued to finance the same. This 6 Agreement shall automatically terminate, without any required notice by the City, if any payment required to be made under the provisions of the Agreement with the City would, together with any other private use payments made or required to be made by any other entity(les) or person(s) for the use of the temuis center or related facilities, adversely affect the exclusion from gross income for federal income tax purposes on any interest obligation ('herein "negative tax consequences") of the City issued to finance or refinance the tennis center or any pan thereof. Such a termination shall not constitute a default on the part of either party to this Agreement. Upon such termination, it is the intent of the parties hereto to enter into a new agreement which would contain different or modified payment terms and/or amounts acceptable to both of the parties hereto, and which, in the opinion of the City's bond counsel, would not have negative tax consequences. 18. This Agreement shall be considered null and void unless signed by both Coca- Cola and the City. 19. The contract documents constitute the entire agreement between the City and Coca-Cola and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year f~rst above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA David Schmidt, Mayor Approved as to legal sufficiency and form: By: ~~ ~%.~,~,.City Attorney WITNESSES: COCA-COLA ENTERPRISES, INC. ~rint or Type Name) STATE OF ~'~ ~ O/~f' foregoing ins~ _t?~me.nt ,w,as _acknowledged before _m,e.. this ~ day of , 2000, by ~/(~Cet, J ~f~ ,~s (name of officer or agent, title of offic~ or agent), of ~._.~ (name of corporation acknowledging), a ~ (sram or place of incorporation) corporation, on behalf of the corporation. He/She is persomll), known to me or has produced (type of identification).~'~'identif-,-atiom. l~'~mry Public - ~;t~ of Florida EXHIBIT.~ ............ ~ Ao Ntunber of vending machines locations as'listed below: Atlan=i= DUnes Park South A1A & Linton Blvd. City Hall 100 N.K'. First Avenue 1st fl¢or 2nd C£ty Garage - Public Works Division 434 B. Bwln=on Avenue Environmental Services Complex 434 S. Swinton Avenue (breakroom) $. Knowles Park SE 6th Avenue and Intercoastal * 6. Police Department 300 West Atlantic Avenue 7. Parks Maintenance 320 S.W. 4th Street * 8. Fire Station Central $01 West Atlant£c Avenue 1st and 2nd Floor 651 Linton Blvd. 11. 12. 13. Pampey Park 101 N.W. 2nd Street provided NUHB£R OF ~ACHINES 1 1 2 1 2 1 ,1 1 1 1 to twenty-one (21} 50 N.W. FL.'si Avenue 15. T~"~.n is 201 W. Atlantic Avcnu~ Aduk ~01 N.~ F~S~ 17. Water T~t 600 S.W. ~d Av~u. ~t Atl~tic & 19. Ci~ 159 ~a~ne Way ~0. Anchor P~ Sau~ Ci~ ~ ~ 21. MilI~P~ L~mn & S.W. ~ Av~u~ EXH.IBI~_ A. cont ................. NUMBER OF MACHINES 1 I I I 1 I 1 EXHIBIT B PER TICKET CUSTOMER CONVENIENCE CHARGF. E' Ticket Face Value Outlets Telephone $0.00 - $12.00 $2.25 $2.75 $12.01 - $20.00 $2.75 $3.25 $20.01 - $30.00 $3.50 $4.00 $30.01 - $40.00 $3.75 $4.50 $~.0.01 and above $4.25 $5.25 Ticketmaster shall be entitled to increase the Customer Convenience Charge in respect of Tickets sold through Outlets and by Telephone Sales by $0.25 per annum for Attractions with a Ticket face price of $12.00 or more. [IT¥ I)F I)ELII;I¥ BERgH DELRAY BEACH AII-Amedca City 1993 TO: FROM: 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 MEMO DUM David T. Harden City Manager ~RobeRA. Barcinski Assistant City Managcr DATE: October 31, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 7, 2000 APPROVAL CHANGES TO POLICIES MUNICIPAL GOLF COURSE '4CTION City Commission is requested to consider policy changes at the Municipal Golf Course to (1) allow non-resident prepaid permits up to 50 and (2) to allow non-residents to call in for tee times three days in advance after 10:00 a.m. for 18 holes and after noon for nine holes. B.4 CK GR 0 UND In 1990, City Commission set an overall cap of 400 for the total number of prepaid golf course permit holders and indicated that no new permits would be issued to non-residants. As non- residents dropped their permits, the vacant memberships were to be reserved for residents. In 1990 we had approximately 340 resident permit holders and approximately 40 non-residant permit holders. In FY 99-00 wc had 276 resident permit holders and 19 non-resident permit holders. Permit holders both resident and non-resident are financially integral to the golf course operation especially through the summer months. Permit holders are critical to our year round revenue base. We have had some of our resident permit holders move outside of the City and want to keep their permit status as a non-resident. Currently non-residents may call in to make tee times for 18 hole play two (2) days in advance at 6:30 a.m. and 1 h00 a.m. for nine (9) hole tee times. Residents and permit holders can call in three (3) days in advance 18 hole tee times at 6:30 a.m. and 11:00 a.m. for nine (9) hole tee times. The proposal to allow non-residents to call in 18 hole tee times three (3) days in advance after 10:00 a.m. and for nine (9) hole tee times after noon still allows a privilege for residents. This change will help relieve telephone traffic and help callers get through on the telephone faster. THE EFFORT ALWAYS MATTERS Subject.. Agenda Item City Commission Meeting November 7, 2000 · 4pproval Changes to Policies Municipal Golf Course Date: October 31, 2000 Page #2 RECOMMENDATION Staff recommends approval of the proposed of the policy changes to allow up to $0 non-residant permit holders and to allow non-residents to call in three (3) days in advance for 18 hole tee times after 10:00 a.m. and nine (9) hole tee times after noon. RAB/tas File:u:swecney/agenda Doc:Changes to Policies Municipal Golf Course Memo Tm Bob Barcinski ~ From.. Brahm Dubin Date= 10/23/00 Re.. Policies Delray Beach Golf Club We are recommending the following changes in policies at Delray Beach Golf Club: 1. Allow Non-Residents to purchase annual permits with a cap of 50. At present we have a total of 19 Non-Resident permits which is a result of grandfathedng existing Non-Resident permits back in 1990. This new policy will allow us to increase membership in both the LGA and MGA which is an important ingredient to our goJf operations. 2. Amend call in time for tee times for Non-Residents to 10:00 AM three days pdor for~l~ holes, and 12:00 noon three days pdor for 9 hole play, Please read attached memo from Bruce Edwards and Sandra for justification. U\witty~baminski · Page 1 Memo Tm Brahm Dubin From.' Bruce Edwards / Sandra Eriksson Date= 10/03/00 R~ Phone in tee time procedures In the past our phone in tee time procedures have been as follows: Permit holders and residents with a resident I.D. card and a resident tee time number can call in three days in advance for a tee time. We start taking the times at 6:30 A.M. for 18-hole play. For 9- hole play, it is the same procedure except we take the nine hole times at 11:00 A.M. 2. Non-Residents can call in two days in advance starting at 6:30 A.M. for 18-holes and at 11:00 A.M. for 9-holes. We are recommending that non-residents be allowed to call in three days in advance starting at 10:00 A.M. for 18-holes and at 12:00 P.M. for 9-holes. We are recommending this for two masons: \ 1. By 10:00 A.M., any resident who Planed to book a tee lime has had ample time to do so. We do not feel there is any reason to make a non-resident customer call back the next day, when the · residents who have planed to book a tee time in advance have already done so. 2. By having non-residents call two days in advance at 6:30 A.M. they am making it harder for residents and permit holders to get through on the phone who are trying to call for a three day in advance tee lime. By allowing the non-residents to call at 10.00 A.M. three days in advance, it would make for less phone traffic at 6:30 A.M. and would allow residents and permit holders to be able to get through faster. This goes the same for the nine hole times. · Page 1 £1T¥ OF DELRR¥ BERgH DELRAY BEACH Ail-America City 1993 TO: 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 MEMORANDUM David T. Harden City Manager FROM: ~Robert A. Barcinski Assistant City Manager DATE: November 2, 2000 SUBJECT: AGENDA CITY COMMISSION WORKSHOP NOVEMBER 7, 2000 APPROVAL PERFORMANCE MEASURES - GOLF COURSE Action City Commission is requested to consider approval of performance measures for fiscal year 2000-01 for the Municipal and Lakeview Golf Courses. Background Attached are proposed performance measures for the Municipal and Lakeview Golf Courses for FY 2000-01. Per the terms of the management agreement with BJCE, Inc. the performance measures (i.e. goals and objectives) are to be approved by City Commission by October 15th, however because I did not receive end of the fiscal year un- audited information until after this date, this item is being brought forth at the next available Commission meeting. The performance measures proposed are based on the goals and objectives approved in the FY 00-01 budget, as well as other agreed upon tasks. The performance measures approved will be the basis upon which a bonus would be paid to BJCE, Inc. for FY 00-01. Recommendation Staff recommends approval of the proposed performance measures for the Municipal and Lakeview Golf Courses for FY 00-01. RAB:tas File:u:sweeney/agenda Doc: golf performance measures 2000 THE EFFORT ALWAYS MATTERS ?..~ · MUNICPAL GOLF COURSE PERFORMANCE MEASURES FY 00-01 1. Increase number of total rounds played from 86,646 to 89,000. 2. Increase number of prepaid permit holders from 295 to 325. 3. Increase net operating profit from $71,300 to $100,000. 4. Increase restaurant revenues including banquet business from $980,000 to $1,000,000. 5. Increase number of children participants in after-school and other youth programs including tournaments by 5% to approximately 2000 total participants. 6. Obtain services of golf course architect by February 2001 to assist in review and development of 5 year capital plan. 7. Remove at least 20 Melaleuca trees and plant replacemem trees by July 2001. 8. Increase range income from $84,000 to $90,000. 9. Increase pro shop sales from $111,000 to $119,000. 10. Maintain weed coverage on greens and trees at less than 3% of total area and fairways less than 10% (USGA standard). LAKF, VIEW GOLF COURSE PERFORMANCE MEASURES FY 00-01 1. Increase number of total rounds played from 59,000 to over 60,000. 2. Increase net operating profit from $188,000 to $190,000. 3. Increase youth participation in programs by 5%. 4. Host Special Olympics Golf Tournament in spring 2001. 5. Conduct four (4) youth golf tournaments during the fiscal year. 6. Remove at least five (5) Mclaleuca trees and replant with suitable replacement by July 2001. 7. Attain less than a 3% weed population on green and tee areas and less than 10% in fairways (USGA standard 5% and 10%). 8. Increase merchandise sales from $19,000 to $21,000. 9. Increase restaurant income from $22,000 to $25,000. £1T¥ UF I EI. HR¥ BER£H DELKAY ~£ACH AII-/~a~i~y 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000 993 TO: David T. Harden City Manager FROM: 0~ Robert A. Barcinski ~ Assistant City Manager DATE: November 2, 2000 SUBJECT: AGENDA CITY COMMISSION MEETING NOVEMBER 7, 2000 APPROVAL PERFORMANCE MEASURES FY 00-01 TENNIS CENTER AND DELRAY SWIM AND TENNIS CLUB Action City Commission is requested to approve performance measures for FY 00-01 for BJCE, Inc. for the Tennis Center and Delray Swim and Tennis Club. Background Attached are proposed performance measures for the Delray Tennis Center and the Delray Swim and Tennis Club. Per the terms of the Management Agreement with BJCE, Inc. the performance measures (i.e. goals and objectives) are to be approved by City Commission by October 15t~. However, because I did not receive end of the fiscal year un-audited financial information until after this date, this item is being brought forth at the next available Commission meeting. The performance measures proposed are based on the goals and objectives approved in the FY 00-01 budget, as well as, other agreed upon tasks. The performance measures approved will be the basis upon which a bonus would be paid to BJCE, Inc. for FY 00-01. Recommendation Staff recommends approval of the proposed performance measures for the Tennis Center and Delray Swim and Tennis Club for FY 00-01. RAB:tas File:u:swcency/agenda Doc: approval performance measures tennis center 2000 THE EFFORT ALWAYS MATTERS TENNIS OPERATIONS PERFORMANCE MEASURES FY 00-01 Delrav Tennis Center and Delrav Swim and T~nni$ C"h~l, 1. Increase membership revenue for both facilities fiom $145,000 to $175,000. 2. Increase lesson revenue fiom $244,000 to $350,000. 3. Increase daily plays fiom 57,000 to 75,000. 4. Develop and present a business plan for both sites by January 2001. 5. Sell naming rights by September 2001. 6. Obtain and manage seven (7) event uses of the tennis stadium during the year, at least two (2) of which are to be tennis related and at least two (2) are to promote non-profit events. 7. Host at least eight (8) USTA amateur tournaments. 8. Keep tennis operations (non-including stadium) net cost to under $161,000. 9. Develop swimming pool operating procedures and rates by February 2001. rlT¥ I)F DELRI:I¥ BEI:I£H AII-AmericaCity 1993 FROM: 100 N.W. 1st AVENUE. DELRAY E~EACH, FLORIDA 33444 · 561/243-7000 David T. Harden City Manager ,~ Robert A. Bareinski Assistant City Manager DATE: October 31, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 7, 2000 SPECIAL EVENT APPROVAL - FIRST blIGHT ACTION City Commission is requested to endorse the Fourth Annual First Night 2001 event, to be held on 12/31/00 from 4:00 p.m. - midnight, grant a temporary use permit for use of various City facilities and rights of way per LDR's Section 2.4.6(H), to authorize staff support for security, traffic control, barricading, and trash pick up, stage set up and removal, to waive overtime costs and facility and equipment costs, and to provide portable lighting for street intersections. BACKGROUND Attached is a request from Old School Square requesting approval of First Night 2000, closure of various streets, use of City facilities and stages at no charge, staff support for security, traffic control, barricading, clean up at no charge, and stage set up and removal. Based on the expected crowd and the police staff recommendation, a request is being made this year to close the following streets: Atlantic Avenue between Swinton and South Federal Highway Swinton Avenue between Atlantic Avenue and NE 1st Street (OSS block) Alley along west side of Elwoods NE 1st Avenue between Atlantic Avenue and NE 1st Street NE 2nd Avenue between Atlantic Avenue and NE 1st Street NW 1st Avenue at Tennis Center area, as directed by City These closures are requested for pedestrian safety and have been recommended by our Police Department. The main event area this year includes grounds at Old School Square, the CRA parking lot between NE 1 st Avenue and NE 2nd Avenue and the Tennis Center. The estimated overtime costs for this event are $8,900. The estimated costs for the last years overtime costs were $8,940. The rental fees that would be charged for City facilities and stages requested for use are approximately $3,500 of which $900 is for the Tennis Center rental. They are requesting a waiver of all facility and equipment rental fees, as well as, all overtime. THE EFFORT ALWAYS MATTERS Agenda Item City Commission November 7, 2000 Special Event Approval - First Night Page #2 RECOMMENDATION Staff recommends approval of the event, tempormy use permit, the closure of streets, providing staff support for security and traffic control, barricading, and trash pick up, approval of a waiver of rental fees except fees for Tennis Center use and waiver of overtime costs. The sponsor will be required to provide the required liability insurance and a hold harmless agreement. RAB/tas File:u.'sweeney/agenda Doc:First Night 2001 1~/24/2000 11:57 55i-24~-701~ OLD SCHOOL SQUARE PAGE 02 First Night® . 001 Delray B ach Presented by the Sun-Sentinel "2001: A Face Odyssey" Celebrating the Faces of Delray's Past, Present and Future Event Request and Description October 23, 2000 TO: Bob Barcinski, Assistant City Marmger FROM: Io~ Gillie & Melissa Carter, Old School Square Request for City Permission and Assistance This will sorvc as a formal request for City p~-mission to produce the fourth annual First Night Dclr~y Beach utilizing both public and private areas of the downtown. Event Description: A non-alcoholic, family-ori~nt~cl New Year's Evc Cclobtation, with a variety of ent~afinment taking placc at indoor and outdoor vanues between N.W. 1~ Ave, and N,B. 2~d Ave. Date/rime: December 3 I, 2000 4 p.m.-midnight Admission: First Night admission buttor~ to go on sale in mid October. Prices are SS before Christmas, $10 after. Children 3 and under ~dmitted flee. E~t. attendancc: 15,000 buttons are available to soil. Additional crowd from 7pm-midnight could be up to 5,000. Old School Square, Inc. 51 North S~inton Ave. Delray Beach, Ftorlda 33444 phone (561) 243-7922 Fax (561) 243-7018 1) OSS grounds, 2) Crest Theatre, 3) Ocean Breeze Room/Crest building, 4) Comell Museum, 5) CRA lot adjacent to OSS, 6) Tennis Center Stadium 1~/24/2000 il:5? 561-243-7018 OLD SCHOOL SQUARE PAGE PaSe 2, First Nig~ht Sponsors to date: Sun-Sentind, Sunny 104.3 Fid, Adelphia, South Florida Parenting, WDBF, WPBT Charmel 2, Delray Beach MaIriott, Fireworks by Grucci, Event Management Group, Delray Medical Center/Trauma Center, Tommy's Concessions, Target, BSA Corp., Arvida, SCP Comm~i'cial Printing, Suni'rust. Reouest for Parks & Recreation Dept. assistance: · Sta/es: Large stage with cover - on middle lawn o£OSS; can be set up during regular working hours; set up d~tc flexible. Small stage (both halves) - set up December 29 NE comer of CRA parking lot ~ 2~d Ave.) · Placement of trash boxes & liners: (20) for Children's area (CRA lot) (20) for O$S Srounds · Trash pick-up: Trash boxes to be checked once during the evening and at end of event, Request for Street closures ~ased on police recommendation: * Atlantic Avenue between Swinton and South Federal Hwy. · Swinton Avenue between Atlantic Ave. and NE l't St. (O$S block) · Alley along we~t side of Elwoods · NE l~ Ave. between Atlantic Ave. and NE lU St. · NE2~dAve. between Atlantic Ave. endNEl~St. · NW l't Ave. at Tenuis Center area, as directed by City. Request for Parkln~ lot closure: The CRA has authorized use%f the parking lot between NE Ist Ave. and NE 2'd Avenue. Closure date TBD. Reouest for Police Assistance: Street crossings: Swinten Ave. at Atlantic and possibly NE lS~ St. as required Venue Security: Tennis Center, Main Crate ~ 1't Ave.) area, pineapple Grove Gate 0qE 2r~ Ave.) area, other as recommended. NOTE: eSS also plans to hire Wells Fargo security guards for each gate/venue as well as parking lots used by volunteers and performers. Tennis Center- west lot on Atlantic Avenue to be used for volunteers Ired handicap · Cason lot to be used for volunteers and performers · Wen side of CRA lot for OSS staffand VIPs (a~ with Tennis Center events) · No,th end of Community Center lot to be used for handicap and press. · Courthouse lot to be used for public parking. Tennis Center to arrange. 1~/24/2000 11:57 561=243-7018 OLD SCHGI3_ 5GUARE PAge 04 Area to be fenced with 6 foot temporary chain link panels extends from OSS grounds (between the buildings) across NE I~t Ave. to encompass entirc CRA lot from the alley north to the 1~ · · '~ ' on N E 2'd .Ave will be accessible to ublic Gates to be at NE bulldmgs. Wcst stdewalk . . . P · Ave., NE 2~ Ave, and NW comer of OSS center lawn (at Crest Theatre area). Due to the event falling on the weekend, fencin~ may need to be inatallcd on Friday, December 29. Access to pattdng lot for general public on Friday and Saturday will be provided with gates. Need to confirm that electrical outlets are functioning in the following areas: · Perimeter of OSS * CRA lot OSS will provide up to (7) generator fights, at our expense. Proposed locations for placement arc as follows: (1) for l'4B 2ad Ave. gate (1) forNE l't Ave. gate (3) for Ogg grounds (NW gate, SW comer, Main Stage area) (2) for children's activity area Tennis Ccntcr: (3) 35 min. "Cirque" shows arc pls,-ed with estimated attendance of $- 6,000 at each. Bnlrancc to bc at ~xisti~g east gate by ticket booth. Crowd line-up to overflow tilto south end of Community Center parking lot and/or on to ~ 1't Ave. as dire~ed by police. Exit to be at existing gates on south side of com!01cx (onto Atlantic Ave. parking 1o0. ~ ~Pl~ase se~ attachment Site Plan: Please sec attachment 1~/24/2000 11:§7 S61-243-701B OLD SCHOOL SQUARE PACE PROGRAM guide ENTERTAINMENT SCHEDULE Entertainment information is subject to chonEe without notice. 46:00 p.m. Family Activitiss and Entertainment, sponsored by South Florida Parenting parking lot at Old School Square, sponsored by South Florida Parenting. Create a mask or prop to carry in the People's "Put on a Happy Face" Procession. Supplies will be provided. Children muai be accompar~ied by an adult. Admission button required. 6:00 p.m. The People's "Put on a Happy Face" Procession Old School Square Kick off the New Year's Eve festivities with a march around Old School Square. Bring your own "happy face" or come to Veterans Park between 4 and 6 p.m. and make something fun to use! Admission button required! 7-10:30 p.m. Sun-Sentinel Family Entertainment Stage and Activity Area, parking lot at Old School Square. Entertainment for kids of all ages featuring thc lunk-a.Noo Bahamian Tronpe, 6:30 p.m.;National TV £mmy award winning children's performer, Uncle Willy with his magical, musical "life size puppets," 6:50 p.m.; the Chuckleberry Connection, 7:00 p.m.; high-energy musical performers, Swept Away, 7:45 p.m.; David Berardi's Magical Illusions, 8:30 p.m.; and one of the hottest new groups in South Florida, D-Tour, 9:15-10:30 p.m. Plus, Duck in thc Truck Puppet Theatre, 7-10 p.m.; face painting and balloon characters with Colours the Clown and her friends and surprises! Children must be accompanied by an adult. 7:15, 8:45 and 10:1S 2001: A Face Odyssty special Event... "The New Millennium: One Step Beyond" A Dance, Music, Magic and Light Extravaganzal Tennis Center Stadium Thc center court at the Delray Beach Tennis Center will be transformed into a magical world where fantasy meets reality and dreams really do come lid.lei The Odyssey opens with lavishly costumed performers that will an~71e the audience,~vith energetic choreography set to high-powered music and dynamic lighting. Cirque specialty acts, musical performances, magical illusions, exciting dancers and spectacular special effects will round out this truly awesome produotionl Admission button required! Memory making activities and strolling street surprises all evening! "A-MAZE-lng Faces," Resolution Sculpture Add your New Year's resolution to a wundcrful maze filled with hundreds of children's artwork (depicting self, family and community portraits) and see how the sculpture takes form! The traditional Resolution Sculpture is the result cfa First Night~ education outreach project where area students were asked to interpret this year's theme. 1~/24120~0 11:57 561-243-70i8 OLD SCHOOL SQUARE PAGE 86 "Handshake Casting" - Don't miss this opportunity to be part of a year-long millennium project! Have your "handshake" cast in plaster and s~: w}mt happens] 6:45-7:4~ p,m. Broward Munmners~ Msia Stage (on Old School Square grounds) 7o10:00 p.m. A special exhibition celebrating 100 years of the T~ddy Bear. Com¢ll Museum at Old School Square. 7-10:00 p,m, An inspirational exhibition of photographs portraying the hces and words of our Senior community. By asking "After all thes~ yearS, what have you learned from life?" the exhibition reveals so many of life's lessons. The portraits and quotes ~vill cklight and enlighten you! Ocean Breeze Room, Crest Tbeairc. 7:00, 8:15, 9:45 Gold Coast Opera Singers Back by popular demand with their fabulous Classic Broadway showl Crest Theatre st Old School Square. 8:1~-9:00 p.m. Br~zillan Csrnlvsle, Main Stage Featuring Samba Dancers, Lambada Dancers, Rhythm Beaters and INCREDIBLE costumes! This show is guaranteed to have you moving with the beat! lO-midnight Fabulous Finsle and Countdown to Midnight The Jerry Walmc Big Band Plan to work your way back to Old School Square for music and dancing under the stars, a special countdown with our traditional Ball Drop, and dazzling fireworks at midnight! Parking Lot Locatlon~rrrolley Service South County Courthouse lot - south side of Atlantic Ave. across from the Tennis Center $5 Self-parking - comer of SE 1= St, and SE 3'a Ave. Delray Beach Public Library - Street parking, SB 4~ Ave., public lot on SE 5~' Ave. Ace hardware - public lot bel~veen north and south bound Federal Hwy. Veterans park- Public parking along the p~k at the Inlracoasial Public lot- comer of NE 4~' Ave. aud NB 1" St, City Hall Lot- comer ofNW 1a Ave. and NW 2"a St.,just north of Atlantic Averme Trolley Scrvice available b~tween thc Tennis Center area and thc Delray Beach Man'iott, beachside, with stops at Courthouse parkln~ lot, SE 1~ St. parking lots, SE 4~' Ave., .Dc~l~y. ,, ar NB 4=Ave arkin lot, Old School Square, aaa i.;lty Hau Beach Marriott, A1A, VeterarisP lc, .p ' g parking lot. ' i~/24/2000 11:57 56i-243-7010 OLD SCHOOL SQUARE PAGE 07 · ~.swmton ~v~. ~L~ · E~t ~ .' Comell Crest * · Museum T~at~ . , NE lit Ave, ~ - ' -- 8oo~111 , I ~ -- Bulldin~ ~ ' , ~ G~B $ Lov , luildlnI ) Vendor~lds' I NB 2nd Ave. £1T¥ DF DEL#I:I¥ BEI1£H DELRAY BEACH NI-AmericaCity 1993 TO: FROM: SUBJECT: 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444. 561/243-7000 MEMORANDUM David T. Harden, City Manager Robert Barcinski, Assistant City Manager A. AGENDA ITEM - CITY COMMISSION MEETING NOVEMBER 7, 2000 APPROVAL SPECIAL EVENT - FOTOFUSION 2001 DATE: October 30, 2000 Action City Commission is requested to endorse FotoFusion 2001 to be held January 23th through January 27, 2000, to waive rental fees for use of City facilities, to authorize staff to make and install event signs and install banners, fa waive any costs associated in making and installing the signs and banners, and provide staff assistance in hanging banners. Attached Is a letter from Fatima NeJame, Executive Director of Palm Beach Photographic Center requesting the City to endorse the event, waive rental fees for use of facilities, to make and install signs waiving any charges for cost, and to hang banners. City facilities that will be used during the event include Commission Chambers, the first floor conference room, the Mahogany Room and Banyan Orchid Room at the Civic Center. The estimated rental charges for these facilities would be approximately $400.00. The request also includes event signage. Four (4) event signs 4'x4' for the event have been requested. The estimated material cost for these signs is $250.00. They have also requested that City staff install event banners at the intersections on Atlantic Avenue from Swinton to A-1-A and in the CRA parking lot between N.E. 1st and 2nd Avenues. Banners can be hung utilizing regular time. THE EFFORT ALWAYS MATTERS SubJect:AGENDA ITEM - CITY COMMISSION MEETING NOVEMBER 7, 2000 APPROVAL SPECIAL EVENT - FOTOFUSION 2000 Date: October 30, 2000 Page: Two (2) I have included a copy of their proposed '01 budget, '00 actuals and a copy of the event schedule. The City agreed to contribute $5,000.00 to this years event, This is not an additional event and does not involve overtime. Recommendation Staff recommends approval of the request from Palm Beach Photographic Center to endorse the event, prepare signs, provide staff support for banner hanging, waive rental fees and costs to make requested signage. RAB:ags Attachments Rle:u:allen/asmemos Doc: Fotofuslon 2000Agenda Palm Beach Phf tgraphic Centre October 24, 2000 Mission Statement The Palm Beach Photographic Centre is a non-profit v~sua[ arts organization dedicated to the enrichment of life through exhibitions, community programs, workshops & other educational activities that promote the arts of photography & digital imaging. Executive Director Fatima NeOame Managing Director Art Negame Board of [irectors Dr. 3ay A[pedn Todd Everett Fred Franke[ Michael Greene Michael 3ones Michael Kravit Richard Machek Laurian McKenzie 3anice McVay Fatima Ne3ame Jim Norman Sandy (Alexander) Simon Board of Advisors Robert Brant[ey Arnold Drapkin Mark Foley, Congressman Mary McCarty, Commissioner Madode MargoLis Dave Metz, Canon USA Timothy/~ordssey Arthur Steinman Keith Thompson Dr. Richard Zakfa Museum Programs Photography Workshops Oigitat Imaging Workshops FOTObasics FOTOcamp for Kids FOTOfunTours FOTOtnstghts Picture My World Festivals FOTOfusion® FOT0de[ray e-mail: info@fotofusion.org www. fotofuston.org www. workshop.org Mr. David T. Harden City Manager City of Delray Beach I00 N. W. 1st Avenue Delray Beach, FL 33444 RECEIVED OCT 2 5 2000 A~t~ TANT CITY MANAGER Dear David: As you know, Palm Beach Photographic Centre will be presenting FOTOfusion 2001, its sixth international photography and imaging festival. The only international festival of its kind in the country, FotoFusion 2001 will transform downtown Delray into the nation's photography capital of the world from January 23 - 27, 2001. For the continued success of presenting FOTOfusion throughout the City of Delray Beach, we respectfully request the following considerations: Endorsement of the event Waving of rental fees for use of facilities including Commission Chambers, the first floor conference room, the Mahogany Room and Banyan Orchid Room at the Civic Center Make and install 4 x 4 event signs on Atlantic Avenue/Federal Highway. Artwork to be forward by the Centre as in previous years Install FOTOfusion banners (provided by The Centre) at all Atlantic Avenue intersections from Swinton to A1A, and at the parking lot across the street from The Centre. The banners are ready and could be picked up for installation when the Christmas Tree Celebration banners are taken down after the first of the year. Attached is copy of the written request for $5,000 which was approved at the Delray Beach City Commission meeting in September, 2000, for special event funding. We are very grateful to the City of Delray Beach for all their support in helping make FOTOfusion a great success. Sincerely, PALM BEACH PHOTOGRAPHIC CENTRE Fatima NeJame, Executive Director cc: Bob Barcinski 55 Northeast 2nd Avenue Delray Beach Florida 33444 561.276.9797 fax 561.276.1932 o ._o -~ 0 0 0 0 0 EXPENSES FOTOfusion 2001 Revised Budget Guest photographers and picture editors (50) aid'are hotel Exhibitions Rising Star Marketing curatorial matting and framing rental fees, shipping, insurance, etc Award print advertising direct mail brochure free events brochure postage T-shirts 30 billboards (production only) other Equipment/furniture rental Space Rental Refreshments hospitality suite Awards banquet other receptions Personnel administrative marketing Other festival and concert expenses phone, electric, office supplies, insurance, rent TOTAL EXPENSES INCOME Admissions Gala dinner Corporate Support Grants Canon Print File Time Inc Hunt Photo Lee Filters Other Tourist Development Council City of Delray Beach TOTAL INCOME 25,000 2,500 5,000 15,000 3,500 15,350 15,360 26,000 12,000 7,000 8,000 34,000 28,000 1,800 15,000 2,500 6,300 3,000 2,500 7,500 3,000 32,000 26,000 66,350 40,000 5,000 41,500 27,000 1,500 90,600 2,500 7,000 13,000 58,000 42,500 170,000 2,250 111,350 $283,600 $283,600 EXPENSES Guest photographer~ and airfare hotel Exhibitions Rising Star Award Marketing FOTOfusion 2000 Actual picture editOrs print advertising direct mall brochure free events brochure T-shirts 30 billboards (production only) other Ground transportation Equipment/furniture rental Specs Rental Refreshments hospitality suite Awards banquet other receptions Personnel administrative Curatorial marketing Other festival expenses phone, electric, office supplies, Insurance, rent TOTAL EXPENSES 18,200 28,300 31,080 32,400 1,800 13,g60 1,700 3.800 3.500 1,5O0 ?,800 6,000 28,800 16,500 21,000 RECEIVED OCT 3 2. 2000 CITy MANAGER 46,500 15,200 1,000 88,240 1,200 95O ?,5O0 15,300 64,300 INCOME A¢imissions Corporate Support and Grants Canon B&H Print File Time Ina Other Tourist Development Council Florida Arts Council City of Delray Beach Other Income TOTAL INCOME 20.000 26,000 2,000 5,000 9,300 30,000 2.500 10,000 164,400 104,800 7,990 277,190 £1T¥I EU:II:i¥ BEI:I£H D[LRAY BEACH AII-AmeficaCit~ 100 N.W. 1st AVENUE * DELRAY REACH, FLORIDA 33444 - 561/243-7000 993 TO: FROM: DATE: David T. Harden, City Manager obertA. Barcinski, Assistant City Manager October 31, 2000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 7, 2000 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for December 7, 2000 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue fi'om N.E. 7th Avenue to just past the Blue Anchor Pub and Railroad Drive from Atlantic to N.E. 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. BACKGROUND Attached is a request for approval and City assistance for this event from Marjorie Fencer. The estimated overtime cost for this event is $5,800. City Commission capped the amount the City would pay for overtime at $6,500 for the last event. Actual overtime costs for last years event were $5,185. The Joint Venture has on file a certificate of insurance and hold harmless agreement. RI~COMMF.~DATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $6,500 for overtime costs with any difference to be paid by the Joint Venture. RAB/tas cc: Lt. Geoff Williams Joe Weldon Hoyt Owens File:U: S WEENEY/AGENDA Doc:Art & Jazz December 2000 THE EFFORT ALWAYS MATTERS · IO73e/2000 I3:88 5612788555 DB CHAMBER COMMERCE PAGE 02 October 30, 2000 Mr. Robert A_ Barcinski, Assistan nager City of Delray Beach 100 N.W. l~Avenue Deiray Beach, FL 33444 RE: AGENDA ITEM - CITY COMMISSION APPROVAl ECIAL EVENT RE EST - ART & AT_Z N THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse the Art & JaT~_ on the Avenue event scheduled for Thursday, December 7, 2000, and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: o Swinton Avenue to 7t~ Avenue o South side of Atlantic Avenue from 7~' to just past the Blue Anchor Pub o Railroad Way from Atlantic Avenue to N.E. 14 Street o NE 2 Avenue from Atlantic Avenue to NE 1 ~ Street Closure will be from 6:00 p.m. to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, monitoring the FEC railway crossing, stage use setup and removal, and banners and signage setup and removal. The City support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coorciinator ' ' y , r'~ ~z~oz ~1: 561-279-1384. CITY OF DELRrlV BErI£H CITY ATTORNEY'S OFFICE DELRAY BEACH 1993 DATE: TO: October 23, 2000 City Commission 200 NW 1st AVENUE ° DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM FROM: Susan A. Ruby, City Attorney SUBJECT: Pfleger v. City of Delray Beach Claim This claim stems from an accident that occurred on May 12, 1999 when a City employee driving a City truck rear-ended Mr. Pfleger's vehicle. Mr. Pfleger was diagnosed by Orthopedic Physicians as having a right shoulder rotator cuff tear, which limits his range of motion, preventing him from performing maintenance on his property. Mr. Pfleger's doctors have recommended surgery. Mr. Pfleger is reluctant to have surgery due to a previous surgical procedure for a different medical condition that did not go well, requiring additional emergency surgery to fix a problem that occurred in his initial surgery. Mr. Pfleger will settle his claim against the City for $12,500.00. Our office recommends that the City Commission accept the settlement offer proposed. By copy of this memorandum to David Harden, City Manager, please place this matter on the November 7, 2000 City Commission agenda. u have any questions. cc: David Harden, City Manager Alison Harty, City Clerk Gene Montfort, Senior Claims Representative Gallagher Bassett Services, Inc. Frank Babin, Risk Manager I:ITY OF DELRflY BEI11:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 P~Lr~Y. B,E^~ H~ Writer's Direct Line: 561/243-7091 AIl.lrnedca City 1993 DATE: TO: FROM: MEMORANDUM October 26, 2000 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Mano Altidor v. City of Delray Beach. The Plaintiff, Mr. Altidor, filed suit as a result of an automobile accident with a City vehicle. This occurred on June 15, 1999 at the intersection of Lake Ida and Congress Avenue. The Plaintiff alleges that the City vehicle, proceeding southbound on Congress Avenue, failed to stop when the light was red and struck the Plaintiff who was proceeding westbound on Lake Ida Road. The Plaintiff alleges that as a result of the accident he has suffered the following injuries, concussion, cervical strain and bulges at C5-6 and C6-7, lumbar and thoracic strain as well as dental repairs and headaches. The Plaintiff further alleges he has incurred medical expenses in the amount of $17,049.00. Mr. Altidor, through his attorney, has offered to settle this case with the City for $20,000.00, which includes all attorney's fees and costs. If the Commission accepts this offer, the City Attorney's Office will obtain a complete release from the Plaintiff for any and all of his claims arising out of the automobile accident. Our office recommends acceptance of this offer. The City's Risk Manager, Frank Babin, and third party adjuster, Gallagher Bassett, also concur in this recommendation. By copy of this memorandum to David Harden, City Manager, our office requests this settlement be placed on the November 7, 2000 City Commission agenda for approval. CCi David Harden, City Manager Alison Harty, City Clerk Gene Montfort, Gailagher Bassett Services I:IT¥ OF DELRI1¥ BEI:irH CITY ATTORNEY'S OFFICE DELRAY BEACH AII.Amedr~ i~/ 1993 DATE: TO: October 16, 2000 FROM: SUBJECT: 200 NW 1st AVENUE ° DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 City Commission David T. Harden, City Manager J~Yffc~'~: .'mublC;'e; sis~lslau~ti vC:ntYv ~ttC~eOy~ elf ay Be ach The City has received an offer of judgment (pursuant to the rule and the statute) in the above-referenced case in the amount of $100,000. This case arose from a low- speed automobile accident between a City police officer and Mr. Sullivan. Mr. Sullivan is claiming the accident aggravated a pre-existing neck injury for which he has incurred $7437 in medical bills of which $4155.52 have been paid by insurance. Mr. Sullivan claims that treatment is ongoing and that he has missed 449 hours of work because of his injuries. At Mr. Sullivan's current salary, and assuming the hours of work missed were due to injuries resulting from this accident, Mr. Sullivan would be claiming approximately $10,600 in lost wages. At this time, our office would recommend denial of the offer of judgment. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the November 7, 2000 City Commission meeting. Please call if you have any questions. cc: Alison MacGregor Harty, City Clerk [fly OF DELRrlV BER£H CITY ATTORNEY'S OFFICE DELRAY BEACH 1993 DATE: October 31, 2000 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090o FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-709I _MEMORANDUM TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Snyder v. Kilgore, Musco, Cole, Lincoln, and Nancy Adam,: Our office has received an offer to settle the above case for $25,000 and a letter of apology/explanation which is attached hereto. The City has been dismissed from the case, hut the case continues against the named former and current City officers. State statute and City ordinances require the City to indemnify and defend its officers and employees for acts performed in the scope and course of their employment. The attorney representing the named officers represents that the former and cun'ent officers desire to conclude this matter that arose from acts that allegedly occurred in approximately 1989. Our office concurs in the recommended settlement. By copy to David Harden, our office is requesting that this offer be placed on the November 7, 2000 City Commission agenda. Attachment CC: David Harden, City Manager Alison Harty, City Clerk Fred Gelston, Esq. Gene Montfort, Gallagher Bassett Services £1T¥ DF DEli:ii:iV BEI:I£H DELKAY ~EACH 1993 lOO N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 November 3, 2000 Ms. Virginia Snyder 38 S. Swinton .Avenue Delray Beach, FL 33444 Dear Ms. Snyder: I am writing on behalf of the City of Delray Beach. As you know, the events in this case happened 10 years ago. For whatever reason, the case has not come to trial and will not come to trial until next year. In a spirit of compromise, the City acknowledges that it acted through its employees. While the City believed and still believes that the employees were acting in good faith, the City has concluded that others might not. That is why we are willing to settle this case. Our officers were attempting to correct what they perceived to be actual threats to officer safety by virtue of the fact that there was information being leaked from the police department. Our investigation concluded that Virginia Snyder violated no Florida Statutes nor was she involved in criminal activity in any way. If their actions inconvenienced you, for that inconvenience we apologize. Sincerely, David W. Schmidt Mayor THE EFFORT ALWAYS MATTERS [ITY JIF I ELRI:IY BERI:H FIRE DEPARTMENT DELRAY BEACH 1093 MEMORANDUM SERVING DELRAY BEACH · GULFSTREAM · HIGHLAND BEACH TO: DAVID T. HARDEN, CITY MANAGER FROM: ROBERT B. REHR, FIRE CHIEF DATE: NOVEMBER 1, 2000 SUBJECT: VEHICLE REPLACEMENT FY 00-01 BOCA RATON BID #2000-008 I am requesting that we proceed with the planned FY 00/01 vehicle replacement purchase of the Emergency Medical Care vehicle from a joint bid with the City of Boca Raton, Bid No. 2000-008. This will allow us to tag a joint purchase bid that will expire on November 22, 2000. Vehicle 9262, a 1992 International is the unit to be replaced for the needed upgrade of a vehicle. The new unit also provides a smoother ride for the patient as well as a separate roof mount for air conditioning in the patient compartment. There is also more access room in the patient compartment for emergency personnel and needed equipment. I have prepared Requisition Number 84316 in the amount of $135,050, taking the options of 2-1 trade-in on a reserve rescue unit, 3-4 air filter purification system, 3-7 Robinson roll-up aluminum exterior compartment doors and 3-8 full chassis extended five (5) year warranty. In order to take advantage of this bid, the purchase order must be submitted by November 22, 2000. After this date we will have to go through the bid process and expect an increase in cost. We would anticipate delivery on this unit approximately in the April of 2001 · Monies for this purchase is available in vehicle replacement account number 501-3312-591-64-20. Your concurrence with this purchase will be appreciated. Fire Chief RBR/tw cc: Robert Barcinski, Asst. City Manager q, FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Printed on Recycled Paper Request to be placed on: X___ Consent Agenda When: August 15, 2000 AGENDAITEM NUMBER: AGENDA REQUEST November7,2000 __SpecialAgenda Date: November 1, 2000 __ Workshop Agenda Description of agenda item: Request City Commission's approval on the purchase of a Emergency Medical Cam replacement vehicle. This is part of our vehicle replacement program for fiscal year 2000-01. ORDiNANCE/RESOLUTION REQUIRED: YES __ __ NO X__ Draft of resolution Attached: YES NO Recommendation: Approval Department Head Signature: Rob~'rt ~. R'eh}, ~ire Chief 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 __X __ No Funding alternatives: Account Number: City Manager Review: Approved for agenda: Yes Hold Until: Agenda Coordinator Review: 501-3312-591-64-20 Vehicle Replacement Fund Received: Action: Approved Disapproved P.O. # .PI61©U02 City Of Delray Beach Florida Number : 0000084316 Purchase Requisition Type information, press Enter. Type (F4) ....... 1 PURCHASE REQUISITION Reason ........ By .......... Date ......... Vendor number Name (F4) ...... ~DTC MA~TER Search type ..... B=Begins with, C=Contains Contract nbr (F4) Ship to (F4) ..... ~ql FIRE HEADQUARTERS Deliver by date .... 04010] Fiscal ygar code . . . 2 Type options, press Enter. 2=Change 4=Delete 8=Item extended description Opt Line% Quantity UOM Description 1 1.00 EA REPLACEMENT VEHICLE VEHICT,R REPT,ACEMRNT (EMEg~NC¥ MRDTCAL CARE] WIGDEg~©N RE©UESTING 9=Quotes l/O1/O0 13:46:21 F3=Exit FS=Requisition quotes F4=Prompt F12=Cance1 F6=Add item F20=Comments Total: 135050.00 F7=Alternate view F21=Copy PRICE PROPOSAL FORM RFP 2000-008 In accordance with the requirements for this RFP, the undersigned submits the attached proposal to furnish vehicles as specified. Proposer accepts and hereby incorporates by reference in this Proposal all of the terms, specifications and conditions of this request for proposal. The City reserves the right to award scope of work to the most responsible, responsive and qualified Proposer which is deemed to be in the best interest of the Cities. Item D~scription Emergency Medical Care Vehicle for City of Boca Raton per specifications including all special notices to bidder Est. Qb/ Total Price 1 $132,988 Emergency Medical Care Vehicle for City of Deli'ay Beach 1 per specifications including all special notices to bidder Mfg/Model No. bid: $135,698 OPTIONS: Some options may be provided at no additional cost and no deduction. Vendor to denote by use 01~"N/C", No Charge. Warranty Extension on Chassis, including features, $. 4,461 coverage's, limitations, and exclusions (MAY BE SUBMITTED AS AN A'FFACHMENT, CLEARLY LABELED "WARRANTY EXTENSION" 2-1 Vehicle Trade In Option (Deduct from item #2) $<7,500 > The City of Delray Beach will have the following vehicle for trade-in: 1992 International 4700 Type 3 chassis with Southern Ambulence Builders Modular Rescue Body. Trade-in is on an as is basis. 3~0 ADDITIONAL EQUIPMENT AND SAFETY OPTION,~ 3-1 3-2 3-3 3-4 3-5 3-6 3-7 3-8 3-9 (Proposer to identify if Add ("A ") or Deduct ("D") for each option) Freightliner FL 60 Ford F-550 four door extended crew cab. Automatic power locking system for all exterior compartments and entry doors. Activation shall be by crew cab mount switch. Automatic power locking system shall be overridden by key if power fails. Air filter purification system, including a antimicrobia] pre-filter, a filter to remove odors and a filter to remove airborne particles. Vogel Lubrication Inc. centralized chassis lubrication system. (5) five19.5 inch aluminum alloy rims Robinson roll-up aluminum exterior compartment doors with dust cover for manual keyed locks. Full chassis extended warranty to cover 5 years, 100,000 miles 115V detachable flood light and tripod, including 115V weather proof duplex outlet mounted on modular body. L~ocation to be determined at pre-construction meeting. Add or Deduct + + + + + + + Total Price $ $ N/A $ 513 $ 703 758 $. $. 1,627 $ 1~688 . $. 4,461 $. 842 Name of Proposer: American LaFrance Medicmaster 't5 PRICE PROPOSAL FORM RFP 2000-008 EQUIPMENT AND SAFETY OPTIONS Add or Deduct Total Price 3-10 Black and white television camera/monitor system with view of + $_ 920 patient compartment. Monitor shall be located in crew cab for driver" viewing. Location to be determined at pre-cor~struction meeting, 3-11 Audible buzzer in cab with two switches in patient compartment. + $ 325 (1) one switch shall be located on action wall and (1) one switch shall be located by bench seat. Location to b,~ determined at pre-construction meeting. Mounting bracket for laptop computer in cab area. Make Jotto Desk, model 5167-ACD. Proposers Checklist All proposals shall be submitted in'the format identified. Failure to do rejected. 1. Letter0f. Transmit~al Yes X No 2. Acknowledgmentofaddendum&submissionwithRFP Yes X No 3. Qualificationsand Experiencesofthe Firm Yes X No 4. Compliance/DeviationtoSpecificationschecklist Yes X No 5. Price Proposal Yes X No 6. Product Literature Yes No 7. Availability/Delivery Yes ~ No 8. Proof of Insurance Yes X No 9. Bid Bonds are submitted(one bond per each price proposal) Yes X No 10. SummaryofLitigation Yes × No 11.Acknowledgmentof Business Type Form Yes__y~ No 12.Oneoriginaland 3 copies are submitted Yes X No Proposers Name: American LaFance Medicmaster so may cause the proposal to be National Ambulance Builders 230 North.Ortman Dr~ve Orlando, I~l. 32805-1908 $00-747-0061 November 22, 1999 City of Boca Raton/Delray Beach RFP No. 2000-008 National Ambulance provides the following proposal in response to the RFP issued by the City of Boca Ratori/Delray Beach. As the provider of previous vehicles, including those produced in 1999, National fully understands the scope of the work and the importance of providing these units in a timely manner. We have included a detailed summary of the work to be done in our actual work order format, and included Blue Line Drawings to depict the ambulance units. National Ambulance makes a commitment to promptly order chassis, parts, and schedule them for arrival to meet the delivery requirements. National will provide information regarding these orders as information is returned to us as the purchaser of these items. Every effort will be made to insure prompt delivery. The primary contact person for this contract shall be Terry Vann, Factory Sales Representative. His back up for this contract shall be Forrest Cheek, Sales Manager. These shall be the persons authorized to make representations on behalf of the proposer. Also authorized to make representations shall be the Vice-President and General Manager, Joe Oettinger. Their offices are at 230 N. Ortman Drive, Orlando, Florida. They can be reached by phone at (800) 747-0061 or (407) 299-0064. Joe Oettinger Vice President & General Manager Phon e:407-299-0064 Fax:407-291-2224 Member of the YCI, Inc Family of Companies National Ambulance Builders 230 North Ortman Drive Orlando, Fl. 32805-1908 800-747-0061 November 22, 1999 City of Boca Raton/Delray Beach RFP No. 2000-008 National Ambulance acknowledges the receipt of Addendum No 001 dated November 10, 1999. Terry Vann Factory Sales Representative Phone:407-299-O064 Fax:407-291-2224 Member of the YCI, Inc Family of Companies International 4700 National Ambulance Medicmaster Base 126,132.90 132,988.00 Power Door Locks 825 513 Vogel Lubrication 1,280 758 5 Year Warranty 1,500 4,461 Robinson roll-ups 1,200 1,688 TV camera/monitor 1,400 I 920 $132,337.90 $141,328.00 Freigbliner FL60 Extended Cab National Ambulance Medicmaster Base 131,109.90 132,988.00 Power Door Locks 825 513 Vogel Lubrication 1,280 758 5 Year Warranty 800 4,461 Robinson roll-ups 1,200 1,688 TV camera/monitor 1,400 920 $136,614.90 $141,328.00 Check on extended warranty pricing. Make sure National's bid is for extended cab. Compare delivery commitment. Check on patient ride quality of FL60. PURCHASING BOCA RATON Fax:561-$93-7953 Nov 29 '99 10:18 P. O1 TECHNICAL COMPLIANCE / NON COMPLIANCE CtlECKLI~ · RFP NUMBER: 2000-008 RFQ Requirements TITLE: Emergency Medical Care Yehiclc Medic Master _etter of Transmittal -- Addendum#1 __ -- '~ualifications: ~ Three references for similar vehicles_ Li-'~f facilities to assemble ~ Warranty Locations and how warranty works ~ation between Subcontractors Specification Sheet ~o. of years organization in Business ~e~'time from receipt of P.O. yar~k~e Coach Industries, dba National Ambulance X X X ~ 21 25 '-'¢h'O 270 "~ubrnission of questionnaire __ ~ - -0nderstanding of Scope of X X Work/Specification Checklist X Price Proposal Pr~ct Literature X X X Insurance Financial Stability/Statement Summaryc any lit ,ation__ None Corporate Certification & Ccc. License Business Type Form X Free Form X Bid Bond Medic Master Deviations: 3.6.3.3, Diesel Engine 3.6.5.2, Automatic~frensmissi°n 3.10.2.1, No response CO,MMENTS Yes National Ambulance Deviations: 3.6.5.2, Automatic Transmissbn 3.9.17, interior Surfaces 3.11.3.1. Receptacle CITY HALL · 201 ~$T PALMETTO PARK ROAD , BC)OA EATON, FLOFH.gA 33432-3795 ' PHONE: (00 tFOR HEARING IMPAIRED) TDD: (56 ! ) 367-,"0a6 ~;UNCOM: tee1 ) a22-7700 November 10, 1999 ADDENDOM NO. 001 REQUEST FOR PROPOSAL 2000-008 "Emergency Medical Cae Vehicle" This addendum shail modify and become a part of the original Request for Proposal. Tho following specification, have been amended to read as follows: A. Item 3.4.6 SPEED - change speed to read 70 m.p.h. B. item 3.6.3.3 DIESEL ENGINE - change model m r~d Navistar DT466/210I-IP Turbo Diesel C. item 3.6.5.2 AUTOlcL&TIC TRANSMISSION - chrome transmission model to Allison Model T1000 D. Item 3.7.6 ELECTRICAl; GENERATING SYSTEM - amend alternator to read The alternator shall be a 280 .~m? :Nelhoff alternator, mod el 510 with externally moUnted rectifier. E. Item 3.7.7.8 MASTER MODULE DISCONNECT SWITCH OR DEVICE - amend to add or equal. Equiv~ent to be identified in submittal pack2ge. F. Item 3.7.8.3 SOLID STATE INVERTER FOR ON BOARD 115 VOLT AC POWER - change part number for inverter/charge to Vanner # IGC 12-2600 G. Item 3.8.2 .aMBULANCE EMERGENCY LIGHTING ~ revise first line to read: The emergency medical care vehicles shall have ~e following emergency lighting: eight (8) red, Whelen Model 97 series strobe l!gh~s, or n~st recent Whelen modol number. Amend to allow for or equal for Kussmaul load mmnager. Equivalent to be identified in submiml package. H. Item 3.9.6 BUMPERS AND STEPS - add to specification: Trailer hhch shall bc with a 6 wkc ira!let plu8. 1. Item 3.9.3, page 25, ATTENDANT SEAT - cha~c model name to read EVS child restraint seat J, Item 3.12.3 PATIENT COMPARTMENT ENVIRONMENTAL EQUIPMENT - change to ~ead SGM, Hoselin* or approved equal. Equivalent to be identified in submittal package. K. Item 8.0 ADDITIONAL EQUIPMENT AND SAFETY OPTIONS, add item lA, Freightliner FL 60 EXteRded Cab L. Item 8.0 ADDITIONAL EQUIPMENT AND SAFETY OPTIONS, item 8. contact information for Jotto Desk- 1-800-548-3373. M. Item 2-3-3 TD~fE FOR DELIVERY OF EQUIPMENI, paragraph 3 revised to read as follows: If the bidder falls to deliver the completed vehicle(s) within (270) two hundred sevenq' calendar days of f~ re~ipt of the Citfs ,Purchase Order, liquidated damages will apply. Sr. ,Buyer All prot:~eer~ shall acknowledge this eddendum by Completing thc followi,g ~nd subnfittlng riffs form with their proposal. Company Name: ~u thorlz~:t NATIONAL A~.BULANCE I TO: THRU: FROM: SUBJECT: ~ ci~COMMISSION~DOCUMENTATION I DAVID T. HARDEN, CITY MANAGER ~ ~ PAUL DORLING, ACTING DIRECTOR OFj~LANN/I~I.G ~p ZONING DANIEL MARFINO, SENIOR PLANNEI~.~_~' _ MEETING OF NOVEMBER 7, 2000 '~ TEMPORARY AGREEMENT TO OBTAIN WATER - MARKETPLACE OF DELRAY PLAZA, LOCATED AT THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND MILITARY TRAIL. BACKGROUND MarketPlace of Delray, Ltd. has requested seven additional water connections for newly converted retail space, within the MarketPlace of Delray Plaza. The Plaza is outside the City limits and receives City water through a water service agreement dated March 10, 1980. The agreement states that any additional requests for water connections must first be approved by the City. Apparently, the property owner was unaware of the need to get prior approval from the City, and proceeded to secure tenants for the newly converted space. When the property owner approached the City to secure the new water meters (one of the last steps in the process before the tenant can take occupancy), Staff informed them of the possible need to modify the original agreement. Further investigation by City Staff revealed numerous inconsistencies with water service to this parcel. These inconsistencies include, but are not limited to: ~ expansion of services outside the original area described in the aforementioned Water Service Agreement, ~ water service billing inconsistencies with individual tenants (some are paying in-city rates), ~ possible illegal internal connections of individual water service (store tenants accessing water service from an adjacent bay). The issue was brought before the Development Services Management Group (DSMG) at its meeting of November 2, 2000, and it was decided under advice from City Attorney Susan Ruby, to grant MarketPlace of Delray a 90-day Temporary Water Service Agreement, in order to provide adequate time to complete a thorough investigation, and work with the property owners to resolve the situation. By motion, approve the Temporary Agreement to Obtain Water for the MarketPlace of Delray Plaza. Attachment: · Location Map · Temporary Agreement )L DELRA ¥ BEACH CANAL L-33 AREA "A" AREA 519 CARNIVAL FLEA MARKET AREA "C" 55O 501 MA RKE TPL A CE OF DELRA Y 551 5JO SOU TH TRUS T BANK 557 555 554 553 552 WEST ATLANTIC AVENUE PINE5 WEST PLAZA SUNTRUST BANK (MAP I$ NOT TO SCALE) TEMPORARY AGREEMENT TO OBTAIN WATER EXHIBIT 1 11~67-00 17:04 FRO~CU~INGS & ASSOC, T-545 P.O2/O? F-744 TF. MPORAR¥ AGREL"b~ 'fbis Tempm'ery A~re~'~.t ~o Ob ~o V~'~ ,2000, ~ end between M~rke of Delray Beach, Florida ["Ci~). WITNE.~ 'WHEREAS, ~h= 19~0 'Wet= ~.xl~'bi~ 2, is covered by~c 19~0 Wa~r ~crvicc. 1 is h'~ area where :~ldilional connecfians are WH~_vl~-AS, F. xhibk 1, also c~,,,,i-~ ~ s~'vi~c l~.cm~ which is laboled "C"; aud, WIFF. -_I~EAS, the reques~ by Owaer to "B" to thc CR'y'i wa~cr supply h~ ca~ccl ~ ~rea shcvm in Bxhibh 1, labeled hA" and ws~r connccgo,,l, and approp~ hilling w~ 'WHER~, the par~s a~ee ~ha~ ~he T ~ OBTAIN WATER ~n Wa~er i~ m;~- ,~;, '7'~ day of ,lace of Ddrsy, LuI. ("G~uer'9 en~l d~c CL, y ETH: ~n heir~ m~d us/~n~; and, ~,eeme~ pmv~es ~ in ard~ m receive ~he ~y ~ epprove d~e requgs~ for and labeled "A" a~-ezmcm and ~he sou~ by Owner;, and, ar~ ou~ide of zhe aree cov=e~ by ',he v~ "C". wb=,.-4n cmain dL~cr~enei~ ~in~ cliscrep~,~';~s r~n*t~.d 'to above nee~ mbc 11~O?-OO 17:05 FROM-CUllINGS & A$$0C, T-54~ P.O,/O? F-744 NOW, ~~, h~ T~p~ ~ ~ ~e ~l~on of d~ ~ ~i~ 1,.~ ~b~ "B". 4. 1980 W~ ope~ies shown on ~xhiblt 1, Abe~.A "B", ~o ,~_-, in c~n~idera~n of thc coy,--,,-,. ~ ye are h~mby i,~.orp~ ~s ff fully sc~ forth Th~ parties shall ~ve ~ (90) says to oli~-~i~ -,,,--,vered. Sln~uld The pa~S be said -~_ety (90) dsy pc~i~l, ~e City si~ll rv{~ ~d ~mov~ ~ ~ referred m .i. ,hi_. ,,',- ~ (30) da~ v,~:ea n~:¢ ~o Owa~. Florid,~ 8. LawLVe~ue. Th~s Agr~men~ s ~n ~ ~ wy l~g'A a.c~.ov, s'ha.ll be W~iver. The pat~es, by ~g ~ it b: :o~StmM ~s a w~ver, of any of either 1980 Water ~ A~ ~ o~e e ATTEST: City Clc~,'k Approved as ~o Form: By:. ~I1 b~ gov__~_ ~ by r~he ~ws of ~ S'[~e of · ke~, venue ~ bc i~ p~l,~ Beach Coumy, ustomm'y rams ,,~d ch~ge~ as ~Y 01~ D~Y B~ACA-I, FLORIDA M.A.&T~TPLACR 01~ DELRAY, LTD. By: G~P. M~ke~l~ of Deka.y, Ins., i~a~u~e of No~ary~Publi~ ~ I1-,07-~)D17':05 FRO~CU~IN~,$ & ASSOC, T-545 P.06/~? F-744 ! I j ~ I ~, ~ I i = i W E S T k TLA N~{TI O A.~ N U E ,11-oT-o0 17:06 FRO~CUi&II~GS & ASSOC, T-$45 P.O?/D? F-744 .-'-'.' A p&rcet of lt~ r, asc ~rne qu,rter- ~ precedent c:ourse of 800-~6v-~9' , measured from ~Gsc to N~rth, ~n~ &~onE C~e s~Ld VoWt ~no or tho ~n~ ~hreo qu~r~erd CE. ~/4~ of the Norths&at quarter (N.~. ~/4} oC the Souche&~c quar~rn (E. 3/4~ ut the Nor~hela~ qu&rtar ~N.E, X/4~ o~ tho CN.E. ~/4) o~ ~he 3outhaLst~trter C8,~. ~4~ o~ Section 14. vltb the proced~n~ course et] OOo-~8'-S6'', measured fr~ West Vest to SouThwest, &nd alone the Northwest line of the sold MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM [O'r~ ' - REGULAR MEETING OF NOVEMBER 7, 2000 ORDINANCE NO. 28-00 (REVISIONS TO CHAPTER 37, DELRAY BEACH CODE ENFORCEMENT) NOVEMBER 1, 2000 This is second reading and a public heating for Ordinance No. 28-00 which amends Chapter 37, "Dekay Beach Code Enforcement", by making various revisions to the code to have it comport with changes made to Chapter 162, Florida Statutes this year. Most of the changes are procedural in nature, and include: · requiring a violator to provide notice to a potential purchaser of a property that has pending code violations; · revised notice requirements; · providing the City the ability to bring an action for a money judgment to collect on a code enforcement lien. At first reading on October 17, 2000, the City Comtmssion passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 28-00 on second and final reading. Ref:Agmemo21.Ord.28 00.Ch.37.Code Enforcement ORDINANCE NO. 28-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 37, "DELRAY BEACH CODE ENFORCEMENT", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 37.03, "DEFINITIONS", TO PROVIDE FOR CLARIFICATION OF A REPEAT VIOLATION; BY AMENDING SECTION 37.36, "INITIATION OF ENFORCEMENT PROCEDURES", TO PROVIDE PROCEDURES FOR ADDRESSING CHANGES IN PROPERTY OWNERSHIP; BY REPEALING SECTION 37.42, "FINES FOR NONCOMPLIANCE WITH ORDERS", IN ITS ENTIRETY AND ENACTING SECTION 37.42, "ADMINISTRATIVE FINES; COSTS OF REPAIR; LIENS", TO PROVIDE UPDATED LANGUAGE AS PRESCRIBED BY STATE STATUTE; BY ENACTING SECTION 37.46, "NOTICES" TO PROVIDE A PROCEDURE FOR SERVING NOTICE UPON VIOLATORS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the enforcement of the City's Code of Ordinances serves the public interest and promotes the health, safety and welfare of the residents of Delray Beach; and WHEREAS, the City Commission has determined that the amendments herein will further the City's goal of enforcing its Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 37, "Delray Beach Code Enforcement", Section 37.03, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 37.03 DEFINITIONS. "REPEAT VIOLATION". A violation of the provision of any code or ordinance by a person whom the C~n-e Enf~r:ement _n~a_ has been previously found through a code enforcement board or any other quasi .judicial or .judicial process, to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations. Section 2. That Chapter 37, "Delray Beach Code Enforcement", Section 37.36, "Initiation of Enforcement Procedures", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 37.36 INITIATION OF ENFORCEMENT PROCEDURES. (H) If the owner of property which is subject to an enforcement proceeding before an enforcement board, special master, or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall: 1. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; and 2. Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor; and 3. Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; and 4. File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. 5. A failure to make the disclosures described in 37.36(H)1-4 before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. Section 3. That Chapter 37, "Delray Beach Code Enforcement", Section 37.42, "Fines for Noncompliance with Order", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed in its entirety and a new Section 37.42, "Administrative Fines; Costs of Repair; Liens", be and the same is hereby enacted to read as follows: Section 37.42 ADMINISTRATIVE FINES; COSTS OF REPAIR; LIENS. (A) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In 2 ORD. NO. 28-00 addition, if the violation is a violation described in Section 37.36(C), the enforcement board shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If after due notice and hearing, a code enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in paragraph (B)(1). (B)(1) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (A). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation. (2) In determining the amount of the fine, if any, the enforcement board shall consider the following factors: (a) The gravity of the violation; (b) Any actions taken by the violator to correct the violation; and (c) Any previous violations committed by the violator. (3) An enforcement board may reduce a fine imposed pursuant to this section. .~ A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court .judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the 3 ORD. NO. 28-00 provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the State Constitution. Actions for money judgments under this Section may be pursued only on fines levied after October 1, 2000. Section 4. That Chapter 37, "Delray Beach Code Enforcement", Section 37.46, "Notices", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby enacted to read as follows: Section 37.46 NOTICES. (A) All notices required by this part shall be provided to the alleged violator by: (1) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused, notice may be provided by posting as described below and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing; (2) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; (3) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; (4) In the case of commercial premises, leaving the notice with the manager or other person in charge. (B) In addition to providing notice as set forth in Subsection (A), at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (1)(a) Such notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located. The newspaper shall meet such requirements as a prescribed under Chapter 50, Florida Statutes for legal and official advertisements. (b) Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. 4 ORD. NO. 28-00 (2)(a) In lieu of publication as described in paragraph (1), such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at City Hall. (b) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Evidence that an attempt has been made to hand deliver or mail notice as set forth herein, together with proof of publication or posting as set forth herein shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 7. reading. That this ordinance shall become effective upon its passage on second and final PASSED AND ADOPTED in regular session on second and final reading on this the ,2000. day of ATTEST: MAYOR City Clerk First Reading Second Reading. 5 ORD. NO. 28-00