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Agenda Reg 06-17-03
City of Delray Beach Regular Commission Meeting Tuesday. June 17. 2003 Regular Meeting 6:00 p.m. Public Heatings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 N~V 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the 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. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. 8IGN 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 sfill address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based, The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (IT)D), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meefines in the Commission Chambers. 2. 3. 4. 5. ROLL C~T .T .~ INVOCATION. PLEDGE OF AT.T.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: June 3, 2003 - Regular Meeting June 10, 2003 - Special Meeting PROCLAMATIONS: · Parks and Recreation Month -July 2003 PRESENTATIONS: A. Government Finance Officers Association - Distinguished Budget Presentation Award CONSENT AGEND.4~ City Manager Recommends Approval. FINAL BOUNDARY PLAT APPROVAL/OWENS BAKER: Approve the boundary plat for Owens Baker, located at the northwest comer of West Atlantic Avenue and the Lake Worth Drainage District (LWDD) E-4 Canal. FINAL BOUNDARY PLAT APPROVAL/SOUTH COUNTY COURTHOI, ISE; Approve the boundary plat for the South County Courthouse with associated alleyway abandonments, located on the south side of West Atlantic Avenue, between S.W. 1st Avenue and S.W. 2nd Avenue. CONSENT TO ASSIGNMENT/PREMIER BUS OPERATING COMPANY: Approve Consent to Assignment with Premier Bus Operating Company, which will acquire the Florida Network Tours, Inc. transportation segment for bus rental services for the Parks and Recreation Department. RESOLUTION NO. 13-03: Approve Resolution No. 13-03 abandoning a portion of Dixie Highway, lying adjacent to Lot 5, Delray Beach Estates (2300 Dixie Highway). ACCEPTANCE OF HOLD HARMLESS AGREEMENT: Approve and accept a hold harmless agreement between the City and Richard Roehm for the installation of a fence within a public fight-of-way. RESOLUTION NO. 39-03: Approve Resolution No. 39-03 clarifying that Resolution No. 49-00 is for notice purposes only and does not place a lien on the properhes of the Pineapple Grove Way Special Assessment District. 06-17-2003 o AGREEMENT/LAKE IDA CHURCH OF CHRIST: Approve and accept an agreement between the City and Lake Ida Church of Christ providing for a Letter of Credit for the installation of a turning lane on Roosevelt Avenue. EXTENSION/PALM BEACH COUNTY FINANCIAL ASSISTANCE AGREEMENT: Approve revisions to the existing financial assistance agreements with the Palm Beach County Board of County Commissioners to extend the completion period until June 2004 for the irrigation and landscaping of Lake Ida Road (between Congress Avenue and Military Trail). EXTENSION/SUPERLATIVE GROUP. INC.: Approve a recommendation concerning the Superlative Group, Inc. for a ninety (90) day extension to the naming fights agreement for the Tennis Center. REVIEW OF APPEALABLE I. AND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 2, 2003 through June 13, 2003. J. AWARD OF BIDS AND CONTRACTS: Contract award to RPM General Contractors, Inc. in the amount of $44,652.00 for the construction of interior Water Treatment Plant Control Room Modifications. Funding is available from 442-5178-536-62.10 (Water/Sewer Renewal & Replacement/Buildings). Purchase award to Kuhn Carpet and Tile in the amount of $26,100.00 via the Florida State Contract #360-240-00-1 for replacement carpeting for the Fire- Rescue Department Headquarters. Funding is available from 001-2311-522- 46.10 (General Fund/Building Maintenance) and 334-6112-519-46.10 (General Construction Fund/Building Maintenance). REGULAR AGENDA: PUBLIC FINANCIAL MANAGEMENT~ INq:, PRESENTATION. Public Financial Management, Inc. will make a presentation concerning refinancing the City's Water and Sewer Bonds. RESOLUTION NO. 34-03: Consider approval of Resolution No. 34-03 authorizing the issuance of not exceeding $13,500,000 in the initial aggregate principal amount of the City's Water and Sewer Refunding Bonds, Series 1993 A and B, and the City's outstanding Water and Sewer Refunding Bonds, Subordinate Series 1999; providing for the terms and payment of the bonds. RESOLUTION NO. 35-03: Consider approval of Resolution No. 35-03 authorizing the negotiated sale of the City's Water and Sewer Revenue Bonds and to set the terms thereof. 06-17-2003 10. 11. 12. DELRAY BEACH LIBRARY/TRIPARTITE AND INTER.LOCAL AGREEMENT: Consider approval of a tripartite and interlocal agreement between City of Delray Beach, Community Redevelopment Agency (CRA), and Delray Beach Public IAbrary Association, Inc. regarding the relocation of the library. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD; Appoint one (1) member to the Community Redevelopment Agency Board for a term ending July 1, 2007. Based on the rotation system, the appointment will be made by Commissioner Costin (Seat #1). APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appo'mt two (2) members to the Downtown Development Authority for three (3) year terms ending July 1, 2006. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2). AppoINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular members to the Education Board for two (2) year terms ending July 31, 2005. Based on the rotation system, the app&mtments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Coslin (Seat #1), and Commissioner Archer (Seat #2). PUBLIC HEARINGS: ORDINANCE NO. 16-03: An ordinance rezoning from AC (Automotive Commercial) to GC (General Commercial) for a 0.759 acre parcel of land located at 909 S.E. 5th Avenue and S.E. 9m Street for Gulf Stream Business Bank. (Quasi-Judicial Hear/ag). ORDINANCE NO. 13-03: An ordinance mending the Land Development Regulations Section 2.4.3 (K)(1) to provide for an increase in the development application fees. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FO!.I.OWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST RF_,ADINGS: ORDINANCE NO. 18-03: An ordinance repealing the current Chapter 93, "Cable Television" of the City Code of Ordinances and enacting a new Chapter 93, "Cable Television" providing for revised defiultions, equipment and technical standards, establishment of a security fund, and other guidelines. If passed, a public heating will be scheduled for July 8, 2003. 06-1%2003 13. 14. 15. 16. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S. 286.011(8) re: the cases of Village by the Sea, L.L.P.v. the City of Delray Beach and Frank and Nilsa McKinney v. the City of Dekay Beach. Attendees: Mayor Jeff Perlman Commissioner Pat Archer Commissioner Robert Costm Commissioner Alberta McCarthy Commissioner Jon Levinson City Manager David Harden City Attorney Susan Ruby Assistant City Attorney Tertill Pybum A certified court reporter Purpose: Discuss settlement negotiations and strategy related to litigation expenditures in the above case. SETTLEMENT OF VILLAGE BY THE SEA. L.L.P.V. CITY OF DELRAY BEACH: Consider settlement of the referenced matter. SETTLEMENT OF FRANK AND NILSA MCKINNEY V. CITY OF DELRAY BEACH: Consider settlement of the referenced matter. POSTED: JUNE '13, 2003 06-17-2003 CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - TUESDAY ~ JUNE 17~ 2003 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: CONSENT AGENDA: FINAL BOUNDARY PLAT APPROVAL/BANKOFF PLAT: Approve the boundary for Bankoff, located on the north side of Atlantic Avenue and east of the Intercoastal Water. 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. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~,v, /~.. REGULAR MEETING OF JUNE 17, 2003 FINAL PLAT APPROVAL/BANKOFF PLAT DATE: JUNE 13, 2003 This is before the Commission to approve the final boundary plat for Bankoff, located on the north (xde of Atlantic Avenue and east of the Intercoastal Waterway. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for Bankoff. S:\City Clerk\chevelle folder\agenda memos\Final Plat Bmkoff Plat.06.17.03 City Of Delray Beach Department of Environmental Servlces M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager William A. Grieve, PE, Assistant City Engineer June 16, 2003 Bankoff Plat The attached agenda request is for Commission approval of the boundary plat of the Bankoff Plat. The property is located on the north side of Atlantic Avenue and east of the Intercoastal Waterway. I have enclosed a location map and a reduced copy of the plat. This project did not require any other board approval because it is a boundary plat. If this meets with your approval, please place it on the June 17, 2003 Commission Agenda for approval. enc cc TAC file S:~EngAdmin~TAC~Bank of Amedca~lTjune2003 agenda memo.doc 2ND THOMAS STREET 1ST ST, ATLANTIC AVENUE ST. 0 MIRAMAR STREET ENVIRONMENTAL ~ERVICE8 DEPARTMENT BANKOFF LOCATION MAP 200.3-200 1 OF1 N89'¢2'O4"W 194.00' EAST ATLANT/C AVENUE Nsg'42'O4"W Date: June 10, 2003 AGENDA ITEM NUMBER: 0~'~' AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda When: June 17, 2003 Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): Request for Commission approval of the boundary plat of the BankoffPlat. The property is located on the north side of Atlantic Avenue and east of the Intercoastal Waterway. I have enclosed a location map and a reduced copy of the plat. This project did not require any other board approval because it is a boundary plat. Staff 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 Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: e~ No Initials: Hold Until: (if applicable) Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Bank of America\17june2003 agenda.doc JUNE 3~ 2003 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 3, 2003. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Barbara Garito, City Clerk 2_. The opening prayer was delivered by Rabbi Suzanne Carter, Chief Chaplain for the Delray Beach Police and Fire-Rescue Department. The Pledge of Allegiance to the flag of the United States of America was given. 4-. AGENDA APPROVAL. Mayor Perlman stated that the agent has requested Item 9.A. Conditional Use Request/Weatherspoon Car Wash, be moved to the last item on the Regular Agenda. Mayor Perlman stated the applicant has requested Item 9.D. Resolution No. 32- 03 be postponed. Also, Mayor Perlman stated Item 10.A. Ordinance No. 15-03 will be conducted as a Quasi-Judicial Hearing. Mr. Costin moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5-. APPROVAL OF MINUTES: Mr. Costin moved to approve the Minutes of the Regular Meeting of May 20, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: Recognizing and Commending Autobahn Motors. Mayor Perlman read and presented a proclamation hereby recognizing and commending Autobahn Motors for their tremendous gift to the City of Delray Beach and effort in striving for excellence to continue to produce thousands of satisfied customers. Rick Cortese came forward to accept the Autobahn Motors proclamation. 6.B. Recognizing Student Ambassadors: Linda Du~ Noah Garbarino~ Allison Lalane~ Eva Luo and Jessica Pisano Mayor Perlman read and presented a proclamation hereby recognizing and commending Linda Du, Noah Garbarino, Allison LaLane, Eva Luo and Jessica Pisano as Student Ambassadors representing both the City of Delray Beach and the Student Body of Atlantic High School. 6oCo RecoRnizinR and CommendinR Robert Banouer Mayor Perlman read and presented a proclamation hereby recognizing and commending Robert Banquer (Volunteer) for his unselfish and superior effort and achievements in the area ofvolunteerism. Robert Banquer came forward to accept the proclamation. 6,9, Recognizing and Commending Mary Lee Keys Mayor Perlman read and presented a proclamation hereby wishing Mary Lee Keys a very Happy Belated 102nd Birthday and further recognize and congratulate her on her many achievements and diligent service to others and wish her the best of health and happiness. Ruth Pompey came forward to accept the proclamation for her mother and thanked Rosetta Rolle and the City Commission for this recognition. PRESENTATIONS: Greater Delray Beach Chamber of Commerce - Delray Affair Lynn H. Bialakis, Director of Special Events/Greater Delray Beach Chamber of Commerce, thanked the City of Delray Beach, the Mayor and the City Commission for their support. Ms. Bialakis stated the 41st Annual Delray Affair was held on April 25-27, 2003 and despite some rain the attendance was still good. Ms. Bialakis also thanked the City Manager's office, Robert Barcinski (Assistant City Manager), the Public Safety, Police & Fire, Public Works, Streets, and Building Maintenance as well as the Parks and Recreation Department for their help. In addition, Ms. Bialakis recognized and thanked Bonnie Brow, Committee Chair for Special Events and presented Mayor Perlman with a signed commemorative print of the 41st Annual Delray Affair. -2- 06/03/03 7.B. Pine Grove ElementarV School - Janet Meeks Janet Meeks, Education Coordinator, stated this is to recognize Pine Grove Elementary School for its significant gains in FCAT scores. Mrs. Meeks introduced Carole Shetler, Area I Superintendent for the Palm Beach County School District and Dr. Janice Cover, Principal of Pine Grove Elementary School. Mayor Perlman read a statement into the record and both Ms. Shetler and Ms. Cover came forward to thank the Commission for their support. CONSENT AGENDA: City Manager Recommends Approval. 8oA. FINAL SUBDIVISION PLAT APPROVAL/LAKEVIEW APARTMENTS: Approve the boundary plat for Lakeview Apartments, located along the east side of S.W. l0th Avenue, south of Linton Boulevard. 8.B. FINAL SUBDIVISION PLAT APPROVALNILLAGE GRANDE: Approve the boundary plat for Village Grande, located on the east side of N.E. 4th Avenue between East Atlantic Avenue and N.E. 1st Street. 8.C. CONSENT TO ASSIGNMENT/GRUBBS EMERGENCY SERVICES~ L.L.C.: Approve Consent to Assignment with Grubbs Emergency Services, L.L.C. which will acquire the City's contract for disaster recovery services. 8.Do CONSENT TO ASSIGNMENT/ALLIED RECEIVABLES FUNDING~ INC.: Approve Consent to Assignment with Allied Receivables Funding, Inc., which will acquire the City's accounts receivables payments for the collection of solid waste, vegetative waste, and recycling. 8.E. ACCEPTANCE OF EASEMENT DEED/ST. MARY'S ANGLICAN CHURCH: Approve and accept an easement deed from St. Mary's Anglican Church granting to the City the means to install/maintain a reclaimed water transmission main and this easement will provide access from the Golf Course to Homewood Boulevard. The City will pay the church $1,500.00. Funding is available from 441-5181-536-63.95 (Reuse Water System). 8.F. ACCEPTANCE OF A RIGHT-OF-WAY DEED/HENRY GARDNER: Approve and accept a right-of-way deed with Mr. Henry Gardner for a portion of N.W. 5th Avenue and the adjacent sidewalk currently located on his property. 8.G. CHANGE ORDER NO. 2/FINAL PAYMENT/JOHNSON-DAVIS~ INC.: Approve Change Order No. 2 in the amount ora $44,014.00 decrease, and final payment in the amount of $14,293.11 to Johnson-Davis, Inc. for the LWDD L-33 Canal Box Culvert Project. Funding is available from 334-6120-519-63.90 (New High School Site/Other Improvements) and 442-5178-536-63.50 (Water Mains). 8oHo LANDSCAPE MAINTENANCE AGREEMENT/BOCA DELRAY ANIMAL HOSPITAL: Approve a landscape maintenance agreement between the City of Delray Beach and Boca Delray Animal Hospital for the installation of landscaping within the Jefferson Road right-of-way. -3- 06/03/03 8.I~ SPECIAL EVENT REQUEST/SUMMER NIGHTS: Approve a special event request for the Summer Nights on the Avenue 2003 program, including temporary use permit per LDR Section 2.4.6(H) for use of City property and right-of-way at various locations, staff support for security and traffic control, street barricading, banner hanging, stage set up/use, and clean up/trash removal, with payment to the City for 50% of overtime costs exceeding $5,000.00; contingent upon receipt of the hold harmless agreement and certificate of insurance. 8.J. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for June 26, 2003 from 6:00 p.m. to 10:00 p.m., granting 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 from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2nd Avenue from Atlantic Avenue to N.E. 2nd Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up, and use/set-up of City stages with an overtime cap of $6,500. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 19, 2003 through May 30, 2003. 8oLo AWARD OF BIDS AND CONTRACTS: Contract award to Aquifer Maintenance and Performance Systems in the amount of $32,094.50 for the Rehabilitation of Production Well #22. Funding is available from 442-5178-536-46.90 (Other Repair & Maintenance). Purchase award to Otto Industries Systems in the amount of $23,988.00 for the purchase of garbage carts with lids as a sole source purchase. Funding is available from 433-3711-534-49.35 (Sanitation/Cart Renewal and Replacement). Contract award to Hardrives, Inc. in the amount of $109,545.00 for the paving of roads within the City Cemetery. Funding is available from 334- 6111-519-63.90 (Cemetery Expansion). Bid award to Motorola in the amount of $111,052.45 for the equipment, engineering, installation, and programming of the two (2) channel expansion of the 800 MHz public safety radio system. Funding is available from 115 -2112-521-49.90 (Police Department Federal Forfeiture Account). Mr. Levinson moved to approve the Consent agenda, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 9.B. of the Regular Agenda. -4- 06/03/03 REGULAR AGENDA: ADOPTION OF THE SOUTHWEST NEIGHBORHOOD REDEVELOPMENT PLAN: Approve and adopt the Southwest Neighborhood Redevelopment Plan. Paul Doffing, Director of Planning and Zoning, stated the Southwest Neighborhood Redevelopment Plan is divided into five sub areas these being the Northwest Quadrant, Frog Alley, Village Center, the Industrial Corridor, and the Infill Area. Mr. Doffing stated the Plan includes several general recommendations which are outlined in the Planning and Zoning Staff Report and most are consistent with the direction in most redevelopment plans. Mr. Doffing stated there are some unique recommendations associated with this Plan and these are contained in Roman Numeral X (Key Findings) of the Southwest Area Neighborhood Redevelopment Plan. Mr. Doffing stated the DDA reviewed the Southwest Neighborhood Redevelopment Plan at its meeting of April 16, 2003, and recommended approval, the CRA reviewed the Plan at its meeting of January 23, 2003, and recommended approval, WARC reviewed the Plan at its meeting of April 9, 2003, and recommended approval and at its meeting of May 19, 2003, the Planning and Zoning Board reviewed the Plan and unanimously recommended approval. Mr. Doffing stated if the Plan is approved this evening by the City Commission, there would be follow-up Comprehensive Plan Amendments and LDR Amendments which would be forthcoming in addition to a general policy amendment. Chuck Ridley, 13;/S.W. 12th Avenue, Delray Beach, gave a brief overview of the history of the Southwest Neighborhood Redevelopment Plan. Mr. Ridley stated another event that happened was MAD DADS led a community planning process that looked at social services and one of the things that came out of this plan was the need for a neighborhood school and noted that it was fortunate to have Village Academy. Mr. Ridley stated approximately 2000/2001 they became engaged with the Implementation process and they were able to receive monies from the MacArthur Foundation. Mr. Ridley noted that there were several stipulations one being that the Implementation Steering Committee would work with the residents. At that time only the southwest section was looked at to see how they would integrate the economic opportunity that would come out of the Downtown Development Plan with the residents who live next to it. Mr. Ridley a group of residents got together and created the Management Team and selected a consultant to help them put together a process of how they would oversee the visioning process and how they could get this information out to the community. A process that would take all of the components "Livability Strategies" and then bring them into a document that would allow the residents to work with other stakeholders to begin to guide and design what would make this neighborhood better. Joe Gray, Consultant with JEG Associates, briefly explained the Southwest Neighborhood Redevelopment Plan. -5- 0~03~3 Mr. Levinson commended Mr. Gray for doing a fantastic job and he feels the Southwest Neighborhood Redevelopment Plan has turned out spectacular. Mr. Costin asked if there is any approval processes that the city is relinquishing to the Management Team contained in the Plan, and if so, what are they and how will they impact the city? In response, Mr. Gray stated there are no approval authorities implicit in the Plan. In addition, Mr. Costin expressed concern over one of the provisions to levy ad valorem taxes on page 96 of the Plan with regard to the 2 mills and stated he is concerned that this authority is in an entity other than the city government. With regard to the provision of authorization of a local government neighborhood improvement district to levy an ad valorem tax on real and personal property, Mr. Levinson asked for clarification regarding page 96 and asked if this is a possibility and not a recommendation. Mr. Gray stated these are options or tools the city can use to implement the Plan and noted that by adopting the Plan it will not create a safe neighborhood district. Mr. Costin stated he approves of the goals for the Southwest Neighborhood Redevelopment Plan. However, Mr. Costin reiterated he feels the implementation and assessment of any ad valorem taxes should be retained by the city government itself rather than a separate entity. Mayor Perlman stated he too shares similar concerns expressed by Mr. Costin. However, Mayor Peflman stated he sees this as a menu of things to look at to help finance (i.e. an option and not a specific recommendation). The City Manager stated there are several ways of setting up a safe neighborhood district if the Commission wishes to do so. Under one of the scenarios, the enabling Statute outlines that the City Commission would levy the tax if they chose to do so. The City Manager stated under others, there would be a governing body for the district itself and commented this would all be addressed at a later date. Mrs. Archer asked for clarification that if the Commission were to approve the Plan, they would not be approving the individual methods hut would simply be accepting the various layouts in the neighborhoods that have been worked out with the community. In response, Mr. Gray stated the Plan was intended to be a conceptual plan. Prior to the vote, Mayor Perlman commended Mr. Gray and the Management Team for the hard work they have done and Mayor Perlman stated he likes the conceptual nature of the Plan. Ms. McCarthy stated she feels this is an awesome Plan because of the people who made it a reality. Ms. McCarthy thanked Mr. Gray and the Management Team for their hard work. Mrs. Archer stated this is one of the first times that we have been able to see a community work with the city to come up with something the neighborhood really wants and for their interest for setting goals. Mrs. Archer stated she would like to applaud the Management -6- 06/03/03 Team for all their time and effort. Mr. Costin stated he had the opportunity to attend several meetings as well and commented that he was very impressed with the participation of the people who were in attendance. Ms. McCarthy moved to accept the Southwest Neighborhood Redevelopment Plan, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:10 p.m., the City Commission moved to the duly advertised Public Hearings portion of the Agenda. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 15-03 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Ordinance No. 7-03 amending Chapter 4, "Zoning Regulations", of thc Land Development Regulations by amending Section 4.4.9 (G)(2), "North Federal Highway Overlay District" to add self service storage facilities as a conditional use and provide specific regulations, LDR Section 4.4.9 (G)(2)(c), for these facilities. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a Public Hearing has been scheduled to be held at this time (Quasi-Judicial Hearing) The caption of Ordinance No. 15-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 7-03, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G)(2), "NORTH FEDERAL HIGHWAY OVERLAY DISTRICT", TO ADD SELF SERVICE STORAGE FACILITIES AND ADDING SUBSECTION (c) PROVIDING SUPPLEMENTAL REGULATIONS FOR SELF SERVICE STORAGE FACILITIES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the -7- 06/03/03 Charter of the City of Delray Beach, Florida. Mayor Perlman read into the record the City of Delray Beach procedures for Quasi-Judicial Hearings. Mayor Perlman asked the Commission to disclose any ex parte contacts. Mr. Levinson stated he met with Anthony Pugliese, Meryl Stumberger, Bradley Miller and Michael Weiner. Ms. McCarthy stated she also met with Anthony Pugliese, Meryl Stumberger, and Michael Weiner. Mayor Perlman stated he met with Mr. Weiner, Mr. Pugliese, Ms. Stumberger, and Bradley Miller. Mr. Costin stated he too met with Mr. Weiner, Mr. Pugliese, Ms. Stumberger, and Bradley Miller. Mrs. Archer stated she met with Anthony Publiese, Meryl Stumberger, Bradley Miller, and Michael Weiner. The City Clerk swore in those individuals who wished to give testimony on this item. Paul Doffing, Director of Planning and Zoning, entered the documents in the City Commission packets into the record, the APA Parking Standards, as well as the Trip Generation Volume 1 of 3. Mr. Doffing stated Ordinance No. 7-03 allows self service storage facilities as a permitted use in the North Federal Highway Overlay District was adopted on April 15, 2003, with direction to staff to review the parking requirements which at that time were proposed as zero spaces. Staff reviewed the National Parking Requirements from the American Planning Association (APA) and recommends that the parking requirements be based on the number of units versus some of the other methods because this is more characteristic of addressing the actually impacts of those units. Mr. Doffing stated the parking requirements from several self service storage facilities from several municipalities were obtained which ranged from 1 space per 5 storage units to 1 space per 100 storage units as identified in the City Commission documentation. Mr. Dorling stated staff chose 1 space per 50 units as a starting point and then went to the 6th edition of the Institute for Traffic Engineers Manual for this type of use and took the peak hour of both weekend days (Saturday & Sunday) to look at the worst case scenario of people that may come to the facility in a one hour period. Mr. Doffing stated the worst case scenario is a Saturday Peak Hour would generate approximately 48 total trips per hour. Mr. Dorling stated given the 48 and assuming that people have to park and walk to their units, staff felt it was reasonable to assume an average rate of one half hour for somebody parking would be a number that could be used. Mr. Doffing stated the 24 spaces required with this facility would accommodate the 48 total trips per hour. Mr. Dorling stated staff feels the provision of 1 space per 50 storage units appears reasonable. Michael Weiner, Attorney representing the applicant, stated the ordinance was passed keeping in mind the needs of the Federal Highway Corridor in particular the properties between Dixie Highway and Federal Highway. Mr. Weiner stated the Pugliese Company owns the property located at 2512 North Federal Highway and would be developing its property under this ordinance. Mr. Weiner stated he agrees with staff that the appropriate measurement of the parking for self service storage should be based on the number of units and not on square -8- 06~3~3 footage. However, Mr. Weiner stated the applicant disagrees with staff on the number of spaces that should be devoted to self storage. Staff would like to see 1 per 50 units whereas the applicant feels the appropriate and proper amount should be 1 per 100 units. Mr. Weiner emphasized that the parking ratio on self storage is the only disagreement and explained that the applicant meets all the parking code requirements for retail uses, office warehouse uses, and open space. Bradley D. Miller, 298 Pineapple Grove Way, Delray Beach (Miller Land Planning & Consultants, Inc.), stated the original proposal had a minimum of two loading spaces and this has been changed. Mr. Miller stated they have increased the parking to nine total spaces which includes five loading spaces. Mr. Miller stated in the self storage component they first indicated that there would be 1200 units which are what the staff report is referring to but actually they will be closer to 900 units. Mr. Miller stated staff is suggesting the parking ratio 1 per 50 bays and Palm Beach County indicates 1 per 200 bays. Mr. Miller stated other municipalities were looked at including Jupiter which is 1 per 100 bays plus the loading bays Lake Park is 1 per 200 bays plus employees and leasing office space, Royal Palm Beach is at 1 per 100 bays with two spaces of parking spaces and employment. Mr. Miller stated he feels there is more of a demand for the 1 per 200 rates as opposed to the 1 per 50 that is being proposed by staff. Mr. Miller stated they have made their plan work at 1 per 100 (for the self storage component of the project) and it meets the criteria. John Mullholland stated he has found in the multi-story a 1 space to 100 units ratio is more than acceptable and is quite adequate for the use. Mr. Mullholland stated he feels the standards both for traffic and fi.om the local ordinances are generalized statistics. Mr. Weiner stated the ordinance for the County is 1 space to 200 units. Mr. Weiner urged the Commission to modify the ordinance so that it is 1 space to 100 units and reiterated that there is no other disagreement with respect to the ordinance and therefore the applicant requests approval. Mayor Pearlman declared the public hearing open. McCall Credle-Rosenthal, 817 North Lake Avenue, Delray Beach, (President of the La Hacienda Homeowners' Association) expressed concern that there is a great need for retail space in this area and is very much in favor of the building. Rebecca Balian, 823 North Lake Avenue, Delray Beach, stated she has seen city grow very quickly and she feels the neighborhood is turning and evolving into something very nice. She stated she would like to see an "antique row" brought to the area to help bring charm and character to the city rather than bringing more industrial to the area. Lane Carlee, 734 South Lake Avenue, Delray Beach, stated when estates go in it is difficult to get the items out because the consumer has to pay to have the items taken out of the storage and taken where the 18-wheeler can park. Ms. Carlee stated this was an unpleasant experience she has had with regard to storage. Ms. Carlee stated she feels the building is lovely. However, Ms. Carlee stated in March 1999 a Redevelopment Plan was made for North Federal -9- 06/03/03 Highway and she feels the area is now being divided with the city. She expressed concern that the North Federal Highway Redevelopment Plan is not being followed through. There being no one else who wished to address the Commission regarding Ordinance No. 15-03, the public heating was closed. With regard to Mr. Weiner's statement that staff is in agreement on all counts except for the parking demand, Mr. Dorling stated this is not accurate. Mr. Dorling stated staff continues to have issues with respect to the location of parking and the fact that staff has introduced this type of use is problematic in meeting that requirement. Mr. Dorling stated parking cannot be put behind a minimal depth of commercial because there is 130,000 square feet of self storage. In addition, staff continues to have concerns about the location of the parking spaces that are being provided now. With regard to a comment about the retail uses becoming vacant during the weekend, Mr. Dorling stated this is unfortunate because this is a redevelopment area where activity is wanted. Mr. Miller stated the 48 trips actual means 24 cars because you count one trip in and one trip out. Mr. Weiner stated Mr. Dorling expressed concerns over site plan issues and these will be addressed at a later date. Mr. Weiner stated this will only happen for a couple of hours on Saturday and commented even with staff's numbers of 1 to 100 meets it. Mr. Weiner urged the Commission to vote in favor of this project. Prior to the vote, Mrs. Archer stated in voting this ordinance down she is not opposed to some of the items that have been presented and would like to see the revised ordinance resubmitted. Mrs. Archer stated she would like to see the ordinance come back with some adjustments in the number. Mrs. Archer stated she feels this is a very creative use of storage for the area. Mrs. Archer stated the uneven setback is attractive and overall feels the building is architecturally beautiful. Mrs. Archer stated she does not see that there will be a major problem with 1 space to 100 storage units for self storage and commented whether the parking layout is affective is open for discussion. Mrs. Archer reiterated that she would like to see this ordinance come back with a reduction in the parking requirement for self storage. Mr. Costin stated the concerns the Commission expressed previously was that the Commission wanted to see the parking maximized. Mr. Costin stated he would like to see a compromise between staff's recommendation of 1 space per 50 units and the applicant's recommendation of 1 space per 100 units. Mr. Costin suggested that there be a compromise made of 1 space per 75 units in an effort to help resolve this matter. Mayor Perlman stated he is very comfortable at 1 space per 100 units and he does not want to compromise the architectural elements. Mayor Perlman stated this is a major enhancement to the area and he feels it will improve the other uses going in this area. Ms. McCarthy stated she does not feel there is not a need for additional parking and commented that 1 space to 100 units is adequate for this type of facility. -10- 0~03~3 Mr. Levinson moved to adopt Ordinance No. 15-03, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No. Said motion denied Ordinance No. 15- 03 with a 5 to 0 vote. 10.B. RESOLUTION NO. 37-03: Consider approval of Resolution No. 37-03 transferring two lots to Habitat for Humanity of South Palm Beach County to be utilized for affordable housing. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 37-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT THE NW CORNER OF COLLINS AVENUE AND MIAMI BOULEVARD, AS MORE PARTICULARLY DESCRIBED HREIN, TO HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY, INC. TO BE UTILIZED FOR AFFORDABLE HOUSING. (The official copy of Resolution No. 37-03 is on file in the City Clerk's office.) The City Attorney stated this is a resolution authorizing the transfer of property (two lots within Silver Terrace) to Habitat for Humanity of South Palm Beach County by September 30, 2004. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Resolution No. 37-03, the public hearing was closed. Mr. Costin moved to approve Resolution No. 37-03, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item ll.A. Comments and Inquiries on Non-Agenda Items from the City Manager. ll.A. City Manager's response to prior public comments and inquiries. With regard to prior comments expressed by several residents fi.om Delray Shores and Sudan about traffic and other issues regarding the relocation of Atlantic High School, the City Manager stated City staff is in the process of setting up a meeting with these neighborhoods to discuss these issues with the residents and will have representatives of the Palm Beach County School District and City staff there to review what we can expect regarding traffic in their neighborhoods. -11- 06/03/03 With regard to a complaint about a vacant lot owned by the CRA in the northwest section of the city, Mr. Harden stated the city issued a violation to the CRA for not mowing the lawn. However, the City Manager stated the City of Delray Beach has now taken ownership of the property and it was mowed on May 27th. With regard to a prior concern expressed about the speeding on Lake Ida Road, the City Manager stated the city is taking aggressive enfomement measures. The City Manager stated there have been 58 selective enforcement actions and over 1,000 citations have been issued. Mr. Levinson asked if it would be possible to analyze the 1,000 addresses of the people who received citations. In response, the City Manager stated he will look into this and try to obtain the information for Mr. Levinson. At this point, the Commission moved to Item ll.B. Comments and Inquiries on Non-Agenda Items from the Public. ll.B. From the Public. None. At this point, the Commission moved back to Item 9.C. of the Regular Agenda. 9oCo REQUEST FOR IN-LIEU PARKING SPACES/Ill EAST ATLANTIC AVENUE: Consider a request by Craige's Furniture for the purchase of nine (9) in-lieu parking spaces in the amount of $108,000.00. Craige's Furniture is located at 111 East Atlantic Avenue. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for Quasi-Judicial Heatings. Mayor Perlman asked the Commission to disclose any ex parte contacts. Mr. Levinson stated he has had conversations with Billy Himmelrich, David Hosokawa, Michael Weiner, Bernie Dahlem, and Nancy Lierle. Mayor Perlman stated he has had conversations with Mr. Dahlem, Howard Ellingsworth, Dr. Jay Alperin, Paul Dorling and Jeff Costello. Mr. Costin stated he received communication from Dr. Jay Alperin and has had discussions with Bernie Dahlem, Nancy Lierle, Joe Gillie, Bruce Gimmy, Howard Ellingsworth, and Tom Murphy. Mrs. Archer stated she has had conversations with all of the above mentioned with the exception of Nancy Lierle. Ms. McCarthy stated she had no ex parte contacts to disclose. The City Clerk swore in those individuals who wished to give testimony on this Paul Dorling, Director of Planning and Zoning, entered into the record the Planning and Zoning Department project file #2003-162. -12- 06~3~3 Mr. Dorling stated Craig's Furniture is located at 111 East Atlantic Avenue and is a two-story structure totaling 13,276 square feet of retail space. A Class II Site Plan Modification has been submitted proposing the conversion of 3,458 square feet of retail space to restaurant use. The parking for the existing 3,458 square feet of retail requires 12 parking spaces and the conversion to a restaurant would require 22 parking spaces (a difference of ten spaces). The applicant is requesting the purchase of nine in-lieu parking spaces at a cost of $12,000 each, totaling $108,000 to be paid in full at the time of submission of a building permit application with the one additional handicap space added in the former loading area. At its meeting of April 22, 2003 the Parking Management Advisory Board considered this request and recommended approval of the applicant's request with a 5 to 2 vote (Dahlem and Lewis dissenting). There was reconsideration by one of the members who voted in the affirmative and it was considered at the Parking Management Advisory Board of May 27, 2003. After significant discussion, the results of this reconsideration was approved with a 5 to 4 vote. Mayor Perlman stated there had been an inquiry about whether or not he had a conflict of interest regarding this particular item and asked for direction from the City Attorney. In response, the City Attorney stated staff has checked with the Commission on Ethics in Tallahassee as well as their own independent review. The City Attorney stated she does not believe there would be a conflict voting or otherwise due to the fact that Diane Colonna is Mayor Perlman's wife. Michael Weiner, Attorney representing DHBH, Inc. (Craig's Furniture), stated they are the landowners for Angelo's Restaurant (tenant) who has signed a lease for this particular space with the landlord to open up a restaurant. Mr. Weiner stated the applicant is proceeding with an application for an in-lieu parking fee and they wish to reserve all fights. Mr. Weiner stated they do wish to move forward with respect to revitalization of Atlantic Avenue and the forward movement of process in Delray Beach. Mr. Weiner stated his client is proceeding under Section 4.6.9 of the Land Development Regulations regarding the in-lieu parking fee. Mr. Weiner read the following from the ordinance into the record "if it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces the City Commission may approve the payment of the fee at lieu provided that such parking requirement is pursuant to the following provisions...." Mr. Weiner stated the applicant is doing whatever he can to help the parking problem. George Brewer, George Brewer Architect, 85 S.E. 4* Avenue, Delray Beach, explained that the rear of the building was a loading zone and there was an overhead door. Mr. Brewer stated the proposal includes omitting the overhead door and in its place they were able to accommodate an additional parking space. In addition, Mr. Brewer stated they have added the required handicap space and added green space in the rear of the building to comply with the city ordinance. Billy Himmelrich, stated he first heard from George Brewer at a Technical Advisory Committee Meeting that the city stated he could proceed and lease the space out as a restaurant without any additional parking requirements. However, Mr. Himmelfich stated this -13- 06/03/03 was changed and noted they have been able to access a large amount of parking to supplement through a valet service. Mr. Himmelrich stated he feels the process has been a difficult experience. Mr. Weiner stated with respect to parking there is actually more than 1,250 public spaces and according to the city's records the city has sold 90 in-lieu parking spaces. Mr. Weiner stated he feels they have met the burden of proof and urged the Commission to vote in favor of the in-lieu of the parking fee. Michael Listick, Attorney speaking on behalf of the tenant Angelo's on Mulberry Street Restaurant in Fort Lauderdale, stated this is a world famous restaurant which draws a very high clientele. Mr. Listick stated the owner of the restaurant lives in Delray Beach and explained the parking issue in the downtown area to him. Mr. Listick stated he feels to have a restaurant like this is great for Atlantic Avenue and emphasized the downtown is going to need more parking in the future. Mayor Perlman declared the Quasi-Judicial Hearing open. Bruce Gimmy, 439 East Atlantic Avenue, Delray Beach resident, stated more than a decade ago he was disturbed that no one was concerned with downtown parking. Mr. Gimmy stated Mr. Brown started the parking study committee which consisted of the CRA, the subsequent Parking Management Team, and the Parking Management Advisory Board. Mr. Gimmy stated Mr. Brown's expert advice about parking issues and solutions, new consultants and reports forced Board members and himself to change misconceptions about parking. Bernie Dahlem, 622 Seasage Drive, Delray Beach, stated Craig's Furniture is part of the premiere section of downtown Delray Beach, (Atlantic Avenue from Swinton Avenue to southbound Federal Highway). Mr. Dahlem stated the issue is more then the purchase of nine in- lieu parking spaces but is the demand impact of 32 additional spaces that will be needed somewhere to support the area being converted to restaurant use. Mr. Dahlem stated parking in the subject area is not sufficient to support what is there now and commented that although the parking demand has increased the supply has not. Joe Gillie, Executive Director of Old School Square (51 N. Swinton Avenue), Delray Beach, stated Old School Square feels it is imperative that several important factors be kept in mind while reviewing this request. Mr. Gillie stated Old School Square has worked with the owners of this request with regard to parking issues as well as development issues. Mr. Gillie stated Old School Square has constantly held open forums and included a cross section of community and business leaders to study the growth of Old School Square and its importance to the downtown vitality. Mr. Gillie stated the addition of any businesses in this area will affect the parking at Old School Square and suggested that a moratorium be placed on the in-lieu parking request until there are concrete plans for the short term solutions for not only Old School Square but for the surrounding businesses as well. Mr. Gillie reiterated that the parking situation is a critical issue. -14- 0&03~3 Chris Brown, speaking as a resident, stated he disagrees with the suggestion expressed by Mr. Gillie about placing a moratorium on the in-lieu parking. Mr. Brown stated he feels this is not economic development but rather anti-development. Mr. Brown stated he feels we are in the business of providing services and should take the money from the applicant and put it in the parking fund and build more parking. Mr. Brown stated the city should not stop growth but deal with growth and he feels the one way to do deal with growth is to get the parking garage built. Furthermore, Mr. Brown urged the Commission to consider this application. Alice Finst, 707 Place Tavant, Delray Beach, stated it was her understanding that different types of zoning, buildings, and uses have spaces assigned to them by footage and usage. Mrs. Finst stated the in-lieu parking is creating phantom parking spaces and suggested that the city limit the usage and cut back on how much parking is actually needed in this building and in other buildings that are coming before the Commission for in-lieu parking. Mrs. Finst stated it has gotten to the point where you cannot walk downtown and she suggested this project be done in phases to accommodate the actual existing parking and then look at what comes next. Albert Michaels, 1010 N.E. 8th Avenue, Delray Beach, stated he is speaking as a citizen and stated he has worked in some of the restaurants and has been a patron of some of the places on Atlantic Avenue. Mr. Michaels emphasized the word "may" in the ordinance and stated this is the most important word in the ordinance. Mr. Michaels stated it goes on to read "in the best interest of Delray Beach". Mr. Michaels stated many cities such as West Palm Beach, some areas of Boca, and other areas in the country have lost that quaint feel which Delray Beach still has. John Erkert, 4970 Sherwood Forest Drive, Delray Beach, stated he has been a resident of Delray Beach for 13 years and has been in the restaurant business his entire life. Mr. Erkert stated the in-lieu parking is going to create more parking problems and feels the city is in need of actual parking spaces not spaces that are paid for. There being no one else from the public who wished to address the Commission regarding the in-lieu parking request, the public hearing was closed. At this point, City staff and the applicant gave their rebuttal: Mr. Weiner stated at this time he would like to cross-examine Mr. Dahlem. The City Attorney informed Mr. Weiner that he would have to submit his questions through the Chair. Mr. Weiner stated the word "may" does not mean that you have a wide ranging opportunity to go over every situation and stated this sentence in the ordinance is written about if it is inappropriate or impossible. Mr. Weiner stated the best interest of the city is to carry out the ordinances that were duly passed and feels the best interest of the city is to pass this in-lieu parking request. Discussion by the Commission followed. -15- 06/03/03 Mayor Perlman stated Mr. Himmelrich indicated that he was able to arrange for a large amount of parking and asked Mr. Weiner to elaborate on this. Mr. Weiner stated a neighboring landowner outside the 300 feet associated with the Sundy House restaurant does in fact have excess parking that he does not need to count and has put in writing that he would make the parking available to Mr. Himmelrich and Mr. Hosokawa. In addition, Mr. Weiner stated employees would be parked in that area. Mayor Perlman asked approximately how many spaces will be available. The applicant stated there will be double the spaces available then what is required. Mrs. Archer asked how long it will take to open the restaurant. In response, Mr. Listick stated the hope was to get in before season. Mr. Listick stated it would typically be a 4-5 month build-out with their permits which they do not yet have. Mayor Perlman asked if staff has looked at improving the lighting (between Swinton Avenue and lst). In response, Mr. Doffing stated staff has not looked into this with regard to this particular request. However, Mr. Doffing stated there was some discussion about improving the lighting between the City Hall parking lot and Old School Square to get greater utilization of the parking spaces in this area. The City Manager stated the parking on the west side of Swinton Avenue would be closer to events in Old School Square than the parking that is on the east side of the block. The City Manager continued to state if the city can improve the lighting particularly for Old School Square and make it more inviting for people to park there, then this should help. Mayor Perlman stated he believes that a policy decision has been made and explained that the Commission asked the Parking Management Advisory Board several months ago to look at the entire in-lieu system, recently discussed the issue at a Workshop Meeting, adopted some changes suggested by the Parking Management Advisory Board, spent the last few days in Goal Setting where parking was a top priority of staff, residents, and the Commission. Mr. Costin inquired whether the off-site parking is in a contractual form. In response, Mr. Weiner stated at this point there is only a letter agreement between them. Mrs. Archer stated it is her understanding there was no agreement drawn between that property owner and the owner because it was outside the 300 foot limit. Mrs. Archer stated we have a willing tenant who wishes to occupy the building and have made a parking garages(s) a priority as far as the City Commission is considered in addition to the city's code which permits in-lieu fees. Mrs. Archer stated she does not feel the city is in a position to have a moratorium in the downtown and does not feel it is fair to penalize a landowner who is in progress of trying to get something approved by not approving his request at this time. Mrs. Archer stated she supports the in-lieu parking request and resolve the city's parking issue as quickly as we can and direct staff to work out an off-site agreement with the landowner stipulating in excess of 300 feet. Prior to the vote, the City Attorney asked if this would an acceptable condition to the applicant. Mr. Himmelrich stated he has a signed letter from the property owner in-hand who -16- 06/03/03 has a good relationship with his partner and he is confident he can produce a signed agreement.. David Hosokawa, stated the off-site parking does not meet the code and asked what guarantee does he have that this will be processed on a timely basis and not be used to hold him up. Mr. Levinson asked if this could be a condition on a CO (Certificate of Occupancy). In response, the City Attorney stated this could be a condition on a CO (Certificate of Occupancy). Mr. Dorling asked what the recourse is if he is unable to this. In response, the City Manager stated he would have to ask for relief or find another location. Mr. Dorling asked for direction from the Commission regarding the parking spaces. The City Attorney stated the parking spaces for as long as the restaurant is in operation. Brief discussion between the Commission and staff followed. After brief discussion, Mrs. Archer moved to approve the nine (9) in-lieu parking spaces which shall be paid in full at the submittal of the building permit; and, as an additional condition, that the applicant will have an Off-site Parking Agreement regarding additional spaces at the time the CO (Certificate of Occupancy) is obtained, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - No. Said motion passed with a 4 to 1 vote. 9.D. RESOLUTION NO. 32-03: Consider approval of the abandonment of a portion of Wallace Drive right-of-way (formerly Germantown Road), located on the west side of S.W. l0th Avenue, between S.W. l0th Street and Wallace Drive. The caption of Resolution No. 32-03 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF WALLACE DRIVE RIGHT- OF-WAY (PREVIOUSLY GERMANTOWN ROAD) LOCATED ON THE WEST SIDE OF S.W. l0TM AVENUE, BETWEEN S.W. 10TM STREET AND WALLACE DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. (The official copy of Resolution No. 32-03 is on file in the City Clerk's office.) At the applicant's request, this item has been removed from the agenda. 9.E. SPECIAL EVENT REQUEST/ANNUAL BED RACE: Consider a request for special event approval for the Annual Bed Race sponsored by Pineapple Grove NP, Inc. to be -17- 06/03/03 held August 30, 2003 and concerts to be held on August 29 and 30, 2003, granting a temporary use permit per LDR Section 2.4.6(H) for the use and closure ofN.E. 2nd Avenue from 4:00 a.m. until 11:00 p.m. on August 30, 2003 and the closure of N.E. 1st Avenue from the ground of Old School Square to N.E. 1st Street on Friday, August 29, 2003 from 6:00 a.m. until 11:00 p.m. on August 30, 2003; staff support for traffic control and security, EMS assistance, barricade set up/removal, stage set up/removal, trash clean up, and event signage; contingent upon the receipt of a certificate of liability insurance and a hold harmless agreement with a change in the site plan to maintenance a 14' clearance for emergency vehicles. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to endorse the Annual Bed Race scheduled for Friday, August 29, 2003 and Saturday, August 30, 2003 at Old School Square Pavilion. The Bed Race will be held on August 30th sponsored by Pineapple Grove NP, Inc. In addition, the request includes granting a temporary use permit for the closure ofN.E. 2nd Avenue from 4:00 a.m. to 11:00 p.m. on August 30th and the closure ofN.E. 1st Avenue fi.om the northern boundary of the grounds at Old School Square to N.E. 1st Street on Friday, August 29, 2003 from 6:00 a.m. until 11:00 p.m. on August 30th, and to authorize staff support for traffic control and security, EMS assistance, barricade set up and removal, stage set up and removal and trash clean up, and authorize event signage. Mr. Barcinski stated although this is not a new event it is an expanded event. The estimated staff overtime costs for the concerts and bed race are $9,000. Stage and barricade rental costs are estimated to be an additional $1,210. Mr. Barcinski stated since this is being treated as a for-profit with the new policies there would be a 50/50 split of the costs (event sponsor paying 50%). Staff recommends approval contingent on the payment of the overtime, the certificate of insurance, and hold harmless agreement. Mr. Barcinski stated they are requesting a lock-in date for this event (March 5-6, 2004) because they would like to hold the event when it is not so hot. Prior to the vote, Mayor Perlman stated it is exciting to see this event evolve. Nancy Stewart, Executive Director of Pineapple Grove Bed Race, Inc. stated proceeds are in the process of being allocated to go to a scholarship fund for Atlantic High School students. Mr. Costin moved to approve the special event request for the Annual Bed Race sponsored by Pineapple Grove NP, Inc. to be held August 30, 2003, and concerts to be held on August 29 and 30, 2003, temporary use permit for the closures ofN.E. 2na Avenue and N.E. 1st Avenue, the event sponsor paying 50% of the costs; and, including the lock-in date of March 5 & 6, 2004, contingent upon the tennis tournament, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oFo APPOINTMENT OF OUTSIDE COUNSEL/FLORIDA BLACKTOP V. CITY OF DELRAY BEACH: Consider appointment of Malcolm Cunningham of the Cunningham Law Firm to act as outside counsel for the case of Florida Blacktop, Inc. v. City of Delray Beach at a rate not to exceed $235.00 per hour. -18- 0~03~3 The City Attorney stated she is recommending the appointment of Malcolm Curmingham of the Cunningham Law Firm to act as outside counsel for the case of Florida Blacktop, Inc. v. the City of Delray Beach. Mr. Costin moved to approve the appointment of Malcolm Cunningham as outside counsel for the case of Florida Blacktop, Inc. v. the City of Delray Beach, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.G. PROPOSAL FOR SETTLEMENT/STATE FARM v. CITY: Consider acceptance of proposal for settlement subject to the receipt of appropriate releases in the State Farm v. City of Delray Beach case. Staff recommends acceptance. The City Attorney stated the Plaintiff would pay $2,726.71 and the Plaintiff would remit a check to the City for the City's damage in the amount of $1,178.55. The City Attorney explained the checks must be made like this versus an offset. Mr. Levinson moved to approve the proposal for settlement subject to appropriate releases in the State Farm v. the City of Delray Beach, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved back to Item 9.A. of the Regular Agenda. 9.A CONDITIONAL USE REQUEST/WEATHERSPOON CAR WASH: Consider a request for conditional use approval to allow the establishment of a self-serve car wash facility to be known as Weatherspoon Car Wash, located on the west side of North Federal Highway (2210 North Federal Highway), approximately 1,600 feet south of Gulf Stream Boulevard. (Quasi-Judicial Hearing) Mayor Perlman read into the record the City of Delray Beach procedures for Quasi-Judicial Heatings. The City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte contacts. Mr. Levinson stated he spoke with Morgan Russell. Mr. Costin stated he had a conversation with Jimmy Weatherspoon. Ms. McCarthy stated she had a conversation with Jimmy Weatherspoon as did Mayor Perlman. Mrs. Archer stated she had no ex parte contacts to disclose. Paul Dorling, Director of Planning and Zoning, stated the development proposal includes the demolition of the existing two commemial buildings on the site and construction of a five (5) bay self-service car wash facility, a 225 square foot related office building, installation of four self-service vacuum lanes, installation of six parking spaces and related landscaping. The hours of operation are proposed to be from 6:00 a.m. to 10:00 p.m. seven days a week. -19- 06/03/03 Mr. Dorling stated there is a billboard located on the site. This is going to be in an area that is going to be dedicated for a roadway which will connect Federal Highway to Dixie Highway which is part of the redevelopment plan. Mr. Dorling stated while it has a four year lease the intent is to allow it to expire and have it ultimately removed. At its meeting of May 19, 2003, the Planning and Zoning Board held a public hearing in conjunction with the request. There were some concerns with the hours of operation and the soundproofing of the vacuum equipment. After reviewing the staff report and discussing the proposal, the Board voted 5-0 to unanimously recommend approval (Morris and Woehlkens absent) of the Conditional Use request, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the nine conditions of approval as listed in the City Commission documentation memo. Christopher J. Brown, Urban Planner with Civic Design Associates and Agent for the Applicant (75 N.E. 6th Avenue), Delray Beach, stated Mr. Jimmy Weatherspoon and his brother have owned this car wash on the comer of N.E. 2na Avenue and N.E. 2na Street in Pineapple Grove for the last fifteen years which was formerly a gas station. Mr. Brown explained that when he presented Mr. Weatherspoon with a drawing of the mixed use project next store to his car wash it became very clear that the neighborhood was beginning to change and becoming much less commemial. Mr. Brown stated Mr. Weatherspoon and his brother then decided they would entertain the sale of their car wash on the condition that he could find a suitable location in a much more commercial area. Mr. Brown stated this is a use that is permitted in the General Commercial area but by conditional use approval. Jimmy Weatherspoon, 130 N.W. 8th Avenue, Delray Beach, stated the vacuum cleaners are designed to be quiet and not generate too much noise within 25 feet or more. With regard to the landscaping, Mr. Weatherspoon stated he is a native of this area and is concerned about the landscaping and the aesthetics of the building and wants to be in compliance with the code. With regard to safety and security, Mr. Weatherspoon stated there are self service car washes throughout the County and State which have open bays and noted that the landscaping can be done in a manner of good taste and yet provide the adequate buffering. Mr. Weatherspoon stated car washes of this nature are open 24-hours but this does not mean that someone is always there using them in that 24-hour period. Mr. Weatherspoon stated typically after about 11:00 p.m. during the weekdays there is very little usage. Mr. Weatherspoon stated industry standards are that the car wash be open 24-hours and explained that there is no lock down mode. Mr. Brown stated the majority of Mr. Weatherspoon's clients come in between the hours of 6:00 a.m. - 10:00 p.m. and an occasional customer may come to the car wash after 10:00 p.m. and emphasized he does not want to be considered a 24-hour service. Lane Carlee, 734 South Lake Avenue, Delray Beach, stated she feels a car wash is a nice idea. However, Ms. Carlee stated this is not what seemed to be the vision she expected for the North Federal Highway Redevelopment Plan. Ms. Carlee stated we have a wonderful town and emphasized that she does not want the North Federal Highway Plan from four years ago to be forgotten. Ms. Carlee stated the sign "Welcome to Delray Beach" splits S.E. 5th Avenue and S.E. 6 Avenue (Federal Highway) and noted that the sign has stayed here even though in the -20- 06/03/03 North Federal Highway Redevelopment Plan they asked that the sign be moved back to be the gateway of Delray Beach which is North Federal Highway. McCall Credle-Rosenthal, 817 North Lake Avenue, Delray Beach, stated this is a classic example of a project that is not needed for the neighborhood and commented that there are already many automobile related projects along North Federal Highway. Ms. Credle- Rosenthal stated there is a need for retail shops and pretty buildings. Ms. Credle-Rosenthal stated she feels this project will not work because there are already enough car washes in the area. Rebecca Balian, 823 North Lake Avenue, Delray Beach, stated she has a very cute home and stated when she has guests visiting from out of town she brings them to her home by Atlantic Avenue because she feels the area is an eyesore as one travels north towards that area. Ms. Balian stated she would like to see the character brought to this area and commented that the area is industrial and not enticing. Ms. Balian stated there is plenty of parking on the side of the road, car lots, and two car washes already. Ms. Balian suggested that new things be introduced into the area (i.e. "antique row") or something more aesthetically pleasing. Ms. Balian stated ifa business is open 24-hours she feels this attracts "odd" traffic and she would like to see this area look more like Pineapple Grove. Greg Fry, resident from Sarasota & employed with a design company, entered pictures into the record and stated they have won approximately ten awards for car wash beautification. In addition, Mr. Fry stated in Las Vegas they won an award for five facilities that were developed in the last year. Mr. Fry continued to state that these facilities are up scale and he feels this is a needed use in the area and overall feels they are providing a neighborhood service to the community. At this point, the Director of Planning and Zoning gave his rebuttal: Mr. Doffing stated there was discussion about vacuum cleaner issues and increased landscaping. Planning and Zoning discussed these items in detail and did agree on the attached as a conditional approval that the applicant needs to submit specifications with regard to the vacuum cleaners to verify that there are no issues. With respect to the landscaping, Mr. Dorling stated they required "in excess" of the code for landscape buffering between the road and this facility and that this landscaping was to be consistent. Mr. Dorling stated these items were addressed by Planning and Zoning and were satisfactory to the applicant. With respect to the hours of operation, Mr. Dorling stated included in the conditional use application those were submitted by the applicant and it was reviewed based upon those hours of operation. Mr. Dorling stated if there are different hours of operation then we need to look at whether the Planning and Zoning Board has adequately addressed the conditional use which was before them. Mr. Doffing stated if the hours of operation were to extend past midnight there is an additional level of detail that needs to be applied. Mr. Doffing stated the original conditions of approval need to be applied or that there is some site modification without having to go back to the Planning and Zoning Board. -21- 0~03~3 Mr. Brown stated in terms of the number of car washes in Delray, this is not an additional car wash and noted that this is a car wash which already exists and is only being relocated. Mr. Brown stated the Weatherspoon's feel this would be a very good location and that their customers are very loyal from all over the city. With regard to the issue of industrial, Mr. Brown stated this is in fact in an overlay district which does have a tinge of light industrial character to it. Mr. Brown stated with respect to the hours of operation, the applicant does not want to apply for a 24-hour condition and they stand by the application as it is written. Mr. Brown stated as they go through the site plan process he wants everyone to understand that they would like to provide great landscaping but they also do not want to have something that is not safe for people. Mrs. Archer stated if the Commission proposed to have the power shut down after 12 midnight would this impose a problem to the applicant so that the car wash could not be used unless the applicant came back for 24-hour approval. In response, the applicant stated this would impose a problem. Mrs. Archer stated she appreciates the comments expressed about "odd" traffic along North Federal Highway. However, Mrs. Archer stated this is an area in transition and is confident that none of the "odd" traffic was generated by a car wash and she does not see how a car wash will be detrimental to anything in the area. Furthermore, Mrs. Archer stated she hopes that we would be able to make a channing award winning car wash if possible. Mr. Levinson stated he finds the 24- hour operation troublesome. Mr. Costin stated he goes by the car wash numerous times at its current location and hardly ever hears the vacuum cleaners. Mr. Costin stated he would like to see an effort made to maximize the landscaping in order to appease the neighborhood in the area without sacrificing the security issue. Ms. McCarthy asked the applicant what he is uncomfortable with about the landscaping. In response, the applicant explained the Planning and Zoning Board stated "in excess" of the code. Ms. McCarthy asked if the Planning and Zoning Board explained to the applicant what they deemed "in excess" means. In response, the applicant stated they talked about doing some creative things with the trees. The applicant stated he would like this to be an award winning car wash and he plans to make it as aesthetically pleasing as possible. Ms. McCarthy stated the car wash that exists now is well maintained and she has never seen any problems. However, Ms. McCarthy stated she does not think it is wise to have a 24-hour car wash on a main freeway because she feels it leaves too many unsecured situations that could potentially happen. Brief discussion between the Commission, staff, and the applicant followed. It was the consensus of the Commission to extend the hours of operation until 12:00 midnight and that staff and the applicant work out landscaping issues with regard to the definition of the words "in excess". -22- 06/03/03 Mr. Costin moved to approve the Conditional Use Request to allow the establishment of a self-serve car wash facility to be known as Weatherspoon Car Wash with the exception that the hours of operation be extended until 12:00 p.m., and subject to the nine conditions listed in the City Commission documentation, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. FIRST READINGS: 12.A. ORDINANCE NO. 16-03: An ordinance rezoning from AC (Automotive Commercial) to GC (General Commercial) for a 0.759 acre parcel of land located at 909 S.E. 5th Avenue and S.E. 9th Street for Gulf Stream Business Bank. If passed, a quasi-judicial public hearing will be scheduled for June 17, 2003. The caption of Ordinance No. 16-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT 909 SE 5TH AVENUE, WHICH IS AT THE SOUTHEAST CORNER OF SE 5TH AVENUE AND SE 9TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, SEPTEMBER, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 16-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the subject property consists of Lot 2A of the replat of Lot 2 Ninth Street Plaza, which is zoned AC (Automotive Commercial) and contains 0.76 acres. There is an existing 5,758 square foot structure and associated parking located on the property. The proposal is to change the zoning designation of Lot 2A from AC to GC to establish a new financial institution with drive-through facilities for Gulfstream Business Bank and office space. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of May 19, 2003, the Planning and Zoning Board held a public heating in conjunction with the request. The Board voted 5-0 (Morris and Woehlkens absent) to recommend that the request to rezone the property from AC to GC be approved based upon -23- 06/03/03 positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Mr. Costin moved to approve Ordinance No. 16-03 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 13-03: An ordinance amending the Land Development Regulations Section 2.4.3 (K)(1) to provide for an increase in the development application fees. If passed, a public hearing will be scheduled for June 17, 2003. The caption of Ordinance No. 13-03 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION FEES CHARGED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-03 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this amendment is to LDR Section 2.4.3(K)(1) which outlines the current fee schedules for development applications. The current fee schedule was adopted approximately six years ago and no increases in fees have occurred since that time. The Planning and Zoning Department staff has reviewed its land development application fees such as site plans, site plan modifications, rezonings, conditional uses, and other land use actions. Based upon this review, an increase in fees is supported. The increase results in a minimum across the board increase of 10% (except voluntary annexations) plus significant adjustment for processes which are drastically undervalued at this time such as certificates of appropriateness, variances and LDR text amendments. At its meeting of May 19, 2003, he Planning and Zoning Board held a public hearing regarding this item and unanimously recommended approval based upon positive findings with respect to LDR Section 2.4.5(M)(5). Mrs. Archer moved to approve Ordinance No. 13-03 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - -24- 06/03/03 Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13.A. City Manager. With regard to a concern expressed by Mr. Levinson about working with Chatelaine, the City Manager stated the Strategic Task Team has already begun its work with Rainberry Woods. The City Manager stated the President of Chatelaine Homeowners' Association called and a meeting has been set up for the second week of June. The City Manager stated funds are available on a first come first basis. The City Manager stated staff only has the resources to work with one association at a time. He noted the work that has already been started with Rainberry Woods will be completed first before starting again with Chatelaine. The City Manager announced that on Friday, June 6, 2003, he will be attending a meeting for the Florida League of Cities Urban Administration Committee in Orlando and will be out of the office most of the day. With regard to the parking issue, the City Manager stated he would like to emphasize that the Downtown Plan calls for building on some vacant land, filling in some of the gaps, adding second stories in some places to increase the viability to the downtown area. The City Manager stated this means more parking and noted that the more fees there are will mean less that has to be borne by the taxpayers in building these parking spaces. The City Manager stated he does not agree with the notion that everything should be stopped until we get something built. The City Manager stated he feels there is a general agreement that there is a parking deficiency between Swinton Avenue and the railroad. However, the City Manager stated the analysis is based on taking the code which is written for suburban automobile destinations and applying it and coming up with a number of spaces that does not take into account the shared use that you get with mixed use development (which is what is in the downtown area). The City Manager reiterated that while he does feel there is a general agreement there is a parking deficiency, he does not feel it is nearly as great as what the analysis would seem to indicate. The City Manager also noted that the analysis does not take into consideration the private valet lots which would otherwise not be available. 13.B. City Attorney. The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Commissioner Archer Mrs. Archer concurs with comments expressed by the City Manager. -25- 06/03/03 Secondly, Mrs. Archer stated the Leader's Summit and Goal Setting Session were very productive. She thanked the community leaders who participated, the City Attorney, the City Manager and City staff. Mrs. Amher stated overall she is very pleased with the outcome. Mrs. Archer commented about the Transforming Local Government Conference in Plano, Texas and stated the presentation given by Mayor Perlman, Paul Dorling, Ron Haggard, and Lula Butler was superb. Mrs. Archer stated the conference is an excellent thing for us to participate in and hopes Commissioner Costin will be able to attend next year. With regard to a comment expressed this evening by a citizen about ignoring the North Federal Highway Plan, Mrs. Archer stated it was not her intention to do this and commented that she was overwhelmed by the amount of work that was put forth by the residents of the southwest area in their presentation of the SW Neighborhood Redevelopment Plan without city assistance and feels they should be commended. 13.C.2. Commissioner Costin Mr. Costin stated the Leader's Summit was exceptional and the people who attended were energized. Mr. Costin stated to see everything forthcoming from the participants was very encouraging to him to recognize that there are people in this community that want to go forward and be a part of the process. 13.C.3. Commissioner McCarthy Ms. McCarthy stated the percentage of people who attended the Leader's Summit and Goal Setting Session versus those who were invited was very good. Ms. McCarthy stated the quality of the input was phenomenal and feels the Leader's Summit should continue on an annual basis. Secondly, Ms. McCarthy stated there are many graduates this month in our city and the Frances J. Bright Women's Club still has an Annual Debutante Cotillion. 13.C.4. Commissioner Levinson Mr. Levinson stated Saturday evening he had the opportunity to present a proclamation on behalf of the Commission to Jaxon David Schofield who is an eight year old Cub Scout. Mr. Levinson stated Jaxon was presented the proclamation for saving the life of a 33 year old man (Jason Rex). Secondly, Mr. Levinson reiterated the same issues regarding the Leader's Summit and stated he feels that every one of the participants this year focused on solving problems not dwelling on them. Mr. Levinson stated he feels a lot more was accomplished last night than in the past due to the attitudes of the individuals who were looking forward to solving problems. Mr. Levinson stated he feels the core of the leadership in the future of the city is shaping up well. -26- 06~3~3 Mr. Levinson stated Spady Elementary School was scheduled for modernization in about three years. Mr. Levinson commented Carole Shetler, Area I Superintendent for the Palm Beach County School District, has moved this up in her district priority list and the architect for the modernization will be selected tomorrow. Mayor Perlman suggested that a letter be forwarded to Ms. Shetler acknowledging 13.C.5. Mayor Perlman Mayor Perlman stated he too agrees the Leader's Summit with Lyle Sumek was a great experience and he looks forward to recommending many of the priorities. With regard to the Transforming Local Govermnent Conference in Piano, Texas he would like to thank Lula Butler, Ron Hoggard, Paul Dorling, Pat Archer and Diane Colonna for the presentation. Mayor Perlman stated although only three of them actually spoke, much work was put into the editing and overall he feels it worked well and they made a good impression. Mayor Perlman stated he would encourage a team to attend again next year. Mayor Perlman stated he will be leaving on Thursday for the U.S. Conference of Mayors. Therefore, he will not be at the Workshop Meeting next week. Mayor Perlman stated tomorrow morning community development professionals from all over the State are coming to Delray Beach and commented that this is very exciting. Mayor Perlman stated groups such as this one are coming here because they have heard through the professional grapevine about things being accomplished in Delray and he feels this is a testament to the good work being done by the city and staff. There being no further business, Mayor Perlman declared the meeting adjourned at 10:30 p.m. City Clerk ATTEST: MAYOR -27- 06/03/03 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 3, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -28- 0~03~3 SPECIAL MEETING JUNE 10, 2003 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jon Levinson in the First Floor Conference Room at City Hall at 6:00 P.M., Tuesday, June 10, 2003. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Vice-Mayor Jun Levinson Commissioner Alberta McCarthy Absent - Mayor Jeff Perlman Also present were - City Manager David T. Harden City Attomey Susan A. Ruby and Acting City Clerk Cheveile Nubin Vice-Mayor Levinson called the meeting to order and announced that it had been called for the purpose of considering the following item: 1. AOUATICS FACILITIES FEE S(~HEDULE; Consider approval of rate increase for pool use at Delray Beach Aquatic Facilities. Joe Weldon introduced the item regarding the aquatics fa(difies at the Delray Swim and Tennis Club and Pompey Park. Mr. Weldon stated the Parks and Recreation Department conducted a financial analysis and the most the City has collected from recreational swimming in the past three (3) to four (4) years is $3,900.00. Mr. Weldon stated a nominal fee would be charged for the swim pass for children and the Parks and Recreation Department will track their pool usage through the Rectrac Software. All other charges for pool usage would stand as presented in the Ms. McCarthy moved to approve that individuals 17 years of age and older be charged the adult rate and individuals under 17 years of age be charged the child rate as presented by Mr. Weldun, seconded by Mr. Costin. Upon roll call, the Commission voted as follows: Mrs. Archer - Yes; Mr. Costin - Yes; Vice-Mayor Levmson - Yes; Ms. McCarthy - Yes. Said motion passed 4-0. Vice-Mayor Levinson declared the Specnd Meeting adjourned at 6:05 p.m., at which time the Commission convened to the regularly scheduled Workshop Meeting. ATI'EST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, June 10, 2003, which Minutes were formally approved and adopted by the City Commission on (7~ty Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they axe not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -2- Special Meeting June 10, 2003 WHEREAS, recreation enhances the health and well-being of people of every age, young and old, able and disabled; and WHEREAS, the importance of recreation must be continually memphasized in a technologically advanced society such as oum; and WHEREAS, all citizens can enjoy self-renewal in the out-of-doors through green spaces and facilities in parks; and WHEREAS, our state parks are major attractions each year, not only for our own citizens, but also for the millions of visitors to Florida; and WHEREAS, other governmental bodies, such as the federal government, cities and counties, also maintain parks and playgrounds for the benefit of residents and visitors; and WHEREAS, Parks and Recreation Departments, such as in the City of Delrey Beach, provide countless benefits for their citi:,ens; and WHEREAS, we, as a nation, must have an awareness of the potential value to us of leisure and recreational activities. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delrey Beach, Florida, on behalf of the City Commission do hereby proclaim July, 2003, as "PARKS AND RECREATION MONTH" in Delray Beach, Florida, and urge that attention be directed to the many waYs in which park and recreation agencies, civic groups, public schools, private organizations, and others may expand recreation facilities and programs so that every citizen will have the opportunity to develop meaningful and satisfying leisure activities. IN WITNESS WHEREOF, I have hereunto sat my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 17~ day of June, 2003. JEFF PERLMAN MAYOR MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 17, 2003 FINAL PLAT APPROVAL/OWENS BAKER PLAT DATE: JUNE 13, 2003 This is before the Commission to approve the final boundary plat for Owens Baker, located at the northwest comer of West Atlantic Avenue and the Lake Worth Drainage District (LWDD) E-4 Canal. This plat is for the site of the new Atlantic High School. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for Owens Baker. S:\City Clerk\chevelle £older\agenda memos\Final Hat. OwemBaker.06.17.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L. Krejcarek, PE~~ June 2003 Owens Baker Plat Please find an agenda request for Commission approval of the Owens Baker Plat. This is a re-plat of the plat "Temple Sinai of Palm Beach County" (Plat Book 46, Page 53); a portion of "Replat of Part of Breezy Ridge Estates" (Plat Book 24, Page 116); all of "Parkside Townhomes at Delray" (Plat Book 92, Page 117) and a portion of section 18, Township 46 South, Range 43 East situated in Section 18 Township 46 Suth, Range 43 East, City of Delray Beach, Palm Beach County, Florida. This plat is for the construction of the new highs school in Delray Beach. A location map and a reduced copy of the plat are enclosed. This is a boundary plat and therefore does not need any other city approvals. If this meets with your approval, please place it on the 17 Jun 2003 Commission Agenda for approval. enc cc TAC file S:~EngAdmin~Projectst2OO2~2OO2-OO3tOFFIClAL ~2OO3jun 17 agenda memo,doc - HIO~ POINT DRIVE ' ~ ~ HIO~ POINf OOUR] EO ~ ' / ' / PRIVATE ~ ~ C~ of DELRAY BEACH OWENS BAKER PLAT D*~:~-,,-~ ~~ ~8 ~~ LOCATION MAP I!i JJJ "!" I I,~ '~ I ~ , , ,, ~~ , , I x ~ x Date: 11 Jun 2003 AGENDA ITEM NUMBER:~ AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 17 Jun 2003 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the Owens Baker Plat. This is a re-plat of the plat "Temple Sinai of Palm Beach County" (Plat Book 46, Page 53); a portion of "Replat of Part of Breezy Ridge Estates" (Plat Book 24, Page 116); all of"Parkside Townhomes at Delray" (Plat Book 92, Page 117) and a portion of section 18, Township 46 South, Range 43 East situated in Section 18 Township 46 Suth, Range 43 East, City of Delray Beach, Palm Beach County, Florida. This plat is for the construction of the new highs school in Delray Beach.. This is a boundary plat and therefore does not need any other city approvals.. Staff Recommendation: Approvo, l~ Department Head Signature: (~~-~,~~' ~ ~-//~ 0~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: N.A. Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda.~/No Initials: Hold Until: (if applicable) Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2002\2002-003\OFFICIAL\2003jun 17 agenda.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~'~ AGENDA ITEM # ~ - REGULAR MEETING OF JUNE 17. 2003 FINAL PLAT APPROVAL/SOUTH COUNTY COURTHOUSE DATE: JUNE 13, 2003 This is before the Commission to approve the final boundary plat for the South County Courthouse, with associated alleyway abandonments, located on the south side of West Atlantic Avenue, between S.W. 1 ~ Avenue and S.W. 2nd Avenue. This plat is for the site of a parking garage and library. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for the South County Courthouse. S:\City Clerk\chevelle folder\agenda memo~\Final Plat. SouthCountyCourthouse.06.17.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randa, L. Krejcarek, P E 11 June 2003 South County Courthouse Complex Expansion Plat Please find an agenda request for Commission approval of the South County Courthouse Complex Expansion Plat. This is a re-plat of Block 53 of the plat "Map of the Town of Linton" (Plat Book 1, Page 3). This re-plat is for the construction of a parking garage and library on Block 53. A location map and a reduced copy of the plat are enclosed. This is a boundary plat and therefore does not need any other city approvals. If this meets with your approval, please place it on the 17 Jun 2003 Commission Agenda for approval. enc cc TAC file S:~EngAdmin~Projects~2000~2000-O68~OFFICIALt2003jun 17 agenda memo. doc TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER ~ ~FZ~,~' PAUL DORLING, DIRECTOR OF PLANNING AND Z~.~NI, NG~/ NOUYEN TRAN, SENIOR PLANNER .,~~-~1., ,~.,~'~ MEETING OF JUNE 17, 2003 * CONSENT AGENDA* FINAL BOUNDARY PLAT APPROVAL FOR A 3.85 ACRE SITE KNOWN AS SOUTH COUNTY COURTHOUSE COMPLEX EXPANSION WITH ASSOCIATED ALLEYWAY ABANDONMENTS, LOCATED ON THE SOUTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN S.W. IsT AVENUE AND S.W. 2ND AVENUE. The subject property consists of Lots 1 through 16, Block 53, Town of Delray Plat (PB 1, PG 3) along with the dedicated 16' wide east-west and north-south alley rights-of-ways. The entire alleyway system within this block will be abandoned by this plat and all existing utilities have been or will be removed. The boundary plat contains two tracts, Tract "A" and Tract "B". Tract "A" is comprised of Lots 1 through 4 and the 16' wide east-west alley and is currently owned by the Community Redevelopment Agency (CRA). Presently, Tract "A" contains the CRA Office and the Kwik Stop convenience store. These two buildings will be demolished in the near future to accommodate the Delray Beach Public Library. Tract "B" is comprised of Lots 5 through 16 and the 16' wide north-south alley and is currently owned by Palm Beach County. Presently, Tract "B" is vacant but will soon be the site of a 3-story parking garage and surface parking lot associated with the South County Courthouse expansion. Pursuant to LDR Section 5.3.1(D)(2), the ultimate right-of-way width for a local residential street with curb and gutter is 50 feet. Currently S.W. 1st Avenue is at 40 feet. An additional 10' of right-of-way is needed from abutting property owners along both sides of S.W. 1st Avenue (5' from each owner). The current plat shows a 5' dedication (Tract "C") to the City of Delray Beach for right-of-way purposes along S.W. 1st Avenue. The current right-of-way width for West Atlantic Avenue adjacent to this property is 106 feet. The ultimate width for West Atlantic Avenue should be 110 feet. Thera is a need for an additional right-of-way dedication of 4 feet (2' from each abutting property owner along West Atlantic Avenue). The current plat shows a 2' dedication (Tract "D") to Florida Department of Transportation (F.D.O.T.) for right-of-way purposes along this portion of West Atlantic Avenue. At its meeting of March 12, 2003, the Site Plan Review and Appearance Board granted site plan approval to construct a 3-story parking structure with 369 parking spaces and 161 surface parking spaces. A site plan for the Delray Beach Public Library has been submitted and is currently seeking site plan approval. The plat currently before the Commission is required for developments which will be dedicating rights- of-ways and the aggregation of lots. Abandonment Analysis: Pursuant to LDR Section 2.4.6(0)(1), public right-of-way may be abandoned (returned) to the adjacent property to the 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 returned equally to abutting parcels). The City's Environmental Services Department (water & sewer service) has identified an 8" water and sewer main located within the east-west alleyway and an 8" sewer main located within the north-south alleyway. The 8" sewer main located within the north-south alleyway is currently being removed. City Commission Documentation Meeting of June 17, 2003 South County Courthouse Complex Expansion Plat Page 2 Water and sewer service will continue to be provided to the CRA Office and the Kwik Stop convenience store via the existing 8" water and sewer mains located in the east-west alleyway until the two buildings are vacated. After the buildings have been vacated, the existing mains will be abandoned and future water and sewer service will be provided via connections to existing mains located within S.W. 1st Avenue. All utility companies (FP&L, Adelphia, Bellsouth & Florida Public Utilities) have been notified and existing facilities within the alleyways have been or will be removed. Required Findin,qs: Pursuant to LDR Section 2.4.6(O)(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. The intended purpose of the alleys were to provide secondary access to abutting property owners. Based upon the approved site plan for the parking garage and proposed site plan for the Delray Beach Public Library, the intended purpose for these alleyways are no longer being served. By abandoning these alleyways to accommodate a unified development, the public need is better served in a different manner. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent access to any parcel, as all affected parcels will be replatted into two parcels and primary access to the each parcel will be taken from S.E. 1st Avenue and S.E. 2nd Avenue. 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. All utilities, currently located in the subject alleyway have been removed or subject to removal. As previously mentioned, all facilities located within the east-west alleyway will continue to provide service to the CRA Office and the Kwik Stop convenience store until these two buildings are vacated. By motion, approve the final boundary plat for South County Courthouse Complex Expansion based upon positive findings with respect to LDR Section 3.1.1, Section 3.2.3 and Objectives and Policies of the Comprehensive Plan; and approve the abandonment of the 16 foot wide east-west and north-south alley rights-of-ways in association with this plat based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachments: Location Map, Reduced Plat, Reduced Site Plan S:~Planning & Zoning~BOARDS~CITY COMMISSION~South County Courthouse Complex Expansion Plat. doc MARTIN I II A TLA LUTHER ST, TIC KING ST. 2ND II DRIVE AVE N U~/~ ST¸ ~ClTY of DELRAY BEACH ENVE~ONMENTAL 8ERVICE8 DEPAR3MENf J L~L~z BLOCK 53 LOCATION MAP 2000-068 Il I/ 2ND ST. LOCMAP X. 9 m.->- ~o Wo>- Zoz WEST ATLANTIC AVENUE i~S.W. 1st STREET ] I [ -- PLAN RE'CrEW 2/27/03 PARKING GARAGE South Counm Courthot~e Delrav Beach, FL Date: 11 Jun 2003 AGENDAITEM NUMBER:~ AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda When: 17 Jun 2003 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the South County Courthouse Complex Expansion Plat. This is a re-plat of Block 53 of the plat "Map of the Town of Linton' (Plat Book 1, Page 3). This re-plat is for the construction of a parking garage and library on Block 53. A location map and a reduced copy of the plat are enclosed. is a boundary plat and therefore does not need any other city approvals.. Staff 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 Initials: N.A. Account Number Description Special Agenda This Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda~/No Initials: Hold Until: (if applicable) Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2000\2000-068\OFFICIAL\2003jun 17 agenda.doc [ITY OF I)ELA;lY BEI:IgH CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: June 4, 2003 MEMORANDUM TO: FROM: City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Consent to Assignment On October 2, 2002 the City entered into an Agreement for bus rental services with Florida Network Tours, Inc.. The City was notified on May 13, 2003 that Florida Network Tours seeks to assign the contract to Premier Bus Operating Company, which is a corporation formed by the original company that deals specifically with bus rental services, see the attached letter. Parks and Recreation has reviewed the request and does not object to this assignment. Please place this item on the June 17, 2003 City Commission agenda for approval. Please call if you have any questions. CCi Barbara Garito, City Clerk Jackie Rooney, Purchasing Supervisor FLORIDA NETWORK TOURS, INC 621 W. Hallandale Beach Blvd. TEL: 954-458-4004 Hallandale, FL 33009 FAX:954-454-6633 Tuesday, May 13, 2003 To: Our valued clients In order to supply you with the service you have become accustomed to, Florida Network Tours has made some operational changes. We have established a separate corporate entity, which will only include the transportation segment of our company. The remainder of the company, which operates tours throughout the US, Canada, Central & South America will remain under the Florida Network Tours Inc. name. The transportation, as of May 1, 2003 is operating under the corporate name of "Premier Bus Operating Company". The location, staff, and everything you are familiar with will remain the same. Please make checks for all transportation after May 1St payable to "Premier Bus Operating Company". Any payments for charters prior to May 1st should still be made out to Florida Network Tours so that we can close out that portion of the business properly. If you have any questions do not hesitate to contact me. In the future you will see us moving to a new "transportation center" which will include complete maintenance facilities. We also plan for an expansion in the number of vehicles we operate. Over the next several weeks I hope to stop by your office and answer any questions you may have in person. Very~)truly y~~ ,el Auerbach ce President-Transportation RECEIVED JUN 0 § 2003 CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Florida municipal corporation, being a party under that certain agreement dated October 2, 2002 and originally between the City of Delray Beach and Florida Network Tours, Inc., does hereby give consent to the assignment of the above-stated Agreement from Florida Network Tours, Inc. to Premier Bus Operating Company which shall assume all terms and conditions of the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this day of ,200_. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Jeff Perlman, Mayor Approved as to legal form and Sufficiency: By: City Attorney TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY PAUL DORLING, DIRECTOR OF ZON NGUYEN TRAN, SENIOR PLANNER MEETING OF JUNE 17, 2003 *CONSENT AGENDA* ABANDONMENT OF A PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY, DIRECTLY ADJACENT TO LOT 5 OF THE PLAT OF DELRAY BEACH ESTATES, APPROXIMATELY 1,640 FEET SOUTH OF GULF STREAM BOULEVARD. The request involves abandoning a 20.25' by 101.25' rectangular shaped parcel, containing 2,025 square feet (0.0465 acres). The parcel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts Lot 5 of Delray Beach Estates. The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard width for a local road and is consistent with previous abandonments on this portion of Dixie Highway. BellSouth reviewed the requested abandonment and has identified a buried cable ioceted within the abandonment area. Florida Power & Light has also identified facilities within the abandonment area and the City's Environmental Services Department has identified an 8" sanitary sewer line. The City's Fire Department has reviewed the request and has no objection to the abandonment. Adelphia Cable and the Florida Public Utilities Company have also reviewed the requested abandonment, and have no objection. Due to the various facilities identified within the proposed abandonment area, a utility easement over the entire abandonment area will be required to adequately cover existing utilities. This is to be accomplished by reserving a utility easement in the abandonment resolution. Currently, the subject area is vacant. The removal of the concrete block wall and chain linked fence installed within the Dixie Highway right-of-way was listed as a condition of approval and has been accomplished. A new fence has been installed 10' set back from the western edge of the abandonment area and a Hold Harmless Agreement for improvements placed within a public right-of-way has been accepted to allow the installation of this fence. In conjunction with this abandonment, a new Hold Harmless Agreement for improvements placed within a utility easement will need to be accepted to allow the fence to remain in an easement area. Approval of this Hold Harmless Agreement is accompanying this request on the agenda. On January 27, 2003, the item was considered by the Planning and Zoning Board. Chairman Sowards opened the public hearing and no one from the public spoke. The Board voted 6-0 (Pike absent) to recommend approval, subject to the following conditions: The Official Resolution abandoning the subject area includes language which establishes a utility easement over the entire abandonment area. By motion, approve the abandonment of a portion of Dixie Highway Right-of-Way, directly adjacent to Lot 5 of the Plat of Delray Beach Estates, based upon positive findings with respect to LDR Section 2.4.6(0)(5); subject to the acceptance of the following agreement: Hold Harmless Agreement for Improvements Placed Within a Utility Easement. GULF STREAM BOULEVARD HIGH SCHOOL tOT ~o ~oo~ I ~ I ~ / ~ N ~ - PROPOSED ABANDONMENT m*~ ~, ~ 2~0 OLD DIXIE HIGHWAY RESOLUTION NO. 13-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT- OF-WAY (ROW) LOCATED APPROXIMATELY 1,640 FEET SOUTH OF GULF STREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEILEIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the C~ty of Delray Beach, Florida, received an application for abandonment of a portion of Dixie Highway Right-of-Way (ROW), as more partic~hrly described her(m; and WHEREAS, said application for abandonment of a general public 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)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on January 27, 2003, 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 Commission of the City of Dekay 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 Dekay Beach to vacate and abandon said 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 entie 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 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 Horida Statutes, it is hereby determined by the Delray Beach City commXssion 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, 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 fa(flities used for various public utilities whether owned by the City or private corporations, more particnhrly described as follows: Resolution No. 13-03 THE EAST 20 FEET OF RIGHT-OF-WAY FOR DIXIE HIGHWAY, LYING WEST OF AND ADJACENT TO LOT 5, DFJ.RAY BEACH ESTATES, AS RECORDED IN PLAT BOOK 21, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Containing 2,025 square feet (0.0465 acre), more or less. PASSED AND ADOPTED in regular session on this the · 2003. day of ATTEST: MAYOR City Clerk Resolution No. 13-03 DIXIE HIGHWAY pAVED (BO' pLATTED RIGHT OF 0.0~65 FT, OF OR LESS U.S. HIGHWAY NO. I PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: January 27, 2003 IV.B. Abandonment of the East 20 Feet of a Portion of the Dixie Highway Right-of-Way, Lying Adjacent to Lot 5, Delray Beach Estates, Located Approximately 1640 Feet South of Gulf Stream Boulevard GENERAL DATA: Owner .................................. General Public Agent/Applicant .................... Richard F. Roehm Location ............................... East 20 ft. of Old Dixie Highway Right-of-Way Adjacent to Lot 5, Delray Beach Estates. Property Size ........................ 0.0465 Acre Existing FLUM Designation.. GC (General Commercial) Current Zoning ..................... GC (General Commercial) Adjacent Zonings ........ North: GC (General Commercial) East: GC (General Commercial) South: GC (General Commercial) West: CF (Community Facilities) Existing Land Use ................ Unimproved rights-of-ways Proposed Land Use ............. Aggregation into adjacent lot to be used for access and additional property. Water Service ...................... n/a Sewer Service ...................... n/a IV.B. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the Dixie Highway fight-of-way, directly adjacent Lot 5 of the Plat of Delray Beach Estates (PB 21, PG 13), approximately 1,640 feet south of Gulf Stream Boulevard. This fight-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The subject parcel is located on the east side of Dixie Highway, approximately 1,640 feet south of Gulf Stream Boulevard. This portion of Dixie Highway (80' wide) was dedicated with the recordation of the Plat of Delray Beach Estates (Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida), in July of 1946. Currently the subject area is vacant with the exception of a chain linked fence and concrete block installed in the Dixie Highway fight-of-way. The chain linked fence is attached to a concrete block wall measuring approximately 6' high by 40' long which is located 42.3' west from the current western property line within the Dixie Highway right-of-way. The removal of the concrete block wall and chain linked fence installed within the Dixie Highway right-of-way will be a condition of approval. Dixie Highway fight-of-way from Gulf Stream Boulevard, south to the north line of parcel 708 (H & H Carpet Site) measures 80 feet in width with the exception of Lot 18 (Jennings Commercial Building), Lots 13 & a portion of Lot 14 (Tri-Ed Properties), and Lots 6, 7 & 8 (Delray Cycle) which are 60 feet as a result of previous 20' abandonment requests. If the subject area is abandoned, the Dixie Highway fight-of-way will be reduced to 60 feet for this parcel which is consistent with previous abandonments. The subject area is a 20.25' by 101.25' rectangular shaped parcel, containing 2,025 square feet (0.0465 acres). The parcel represents the east 20' of the 80' Dixie Highway fight-of-way, which abuts Lot 5 of Delray Beach Estates. The abandonment request was submitted by the owner of the western portion of Lot 5 (Lot 5.1), Mr. Richard Roehm. This Lot 5.1 contains a vacant one story building and an 81 sq. ft. shed. The owner intends to aggregate the area to be used as additional property and access. Planning and Zoning Board Staff Report Dixie Highway R-O-W Abandonment (Roehm Property) Page 2 Pursuant to LDR Section 2.4.6(O)(1), public fight-of-way may be abandoned (returned) to the adjacent property to the 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 returned equally to abutting parcels. Accordingly, the owner is entitled to the entire abandonment area as it was dedicated entirely from Lot 5, Plat of Delray Beach Estates. Utility Services The City's Environmental Services Department has identified an 8" sanitary sewer line located within the abandonment area. Environmental Services has no objection to the abandonment if a 12' wide utility easement is provided centered over the affected area. The granting of said easement will be a condition of approval for this abandonment. This is to be accomplished either by replating the property including dedication of the easement or by special instrument. If a special instrument is proposed, a unity of title is required between the abandonment area and Lot 5.1 as this area is the only means of access to Lot 5.1. BellSouth has also reviewed the requested abandonment and has identified a buried cable located within the abandonment area. They will not object to the abandonment request if a utility easement is retained. Florida Power & Light has also identified facilities within the abandonment area. FP&L has no objection to the abandonment as long as a 12' wide utility easement is provided along the east portion of the proposed abandonment area. The City's Fire Department has reviewed the request and has no objection to the abandonment. Adeiphia Cable and the Florida Public Utilities Company have also reviewed the requested abandonment, and have no objection. Due to the various facilities identified within the proposed abandonment area, a utility easement over the entire abandonment area will be required to adequately cover existing utilities. Pursuant to LDR Section 2.4.6(O)(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. Planning and Zoning Board Staff Report Dixie Highway R-OW Abandonment (Roehm Property) Page 3 The abandonment area requested is the unimproved portion of the Dixie Highway right-of-way. The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard width for a local road. Future expansion of Dixie Highway from its current two-lane configuration is not contemplated. A 60- foot right-of-way can accommodate the Dixie Highway improvements planned per the North Federal Highway Redevelopment Plan, which calls for a two- lane roadway with a bike path, landscaping, and a sidewalk. The City has no plans to utilize the abandonment area (east 20' of right-of-way) for any other purpose, except utilities. B) That the abandonment does not, nor will not, prevent access to a lot of record. As the subject parcel only abuts Lot 5 of Delray Beach Estates, which is owned by the applicant, this abandonment will not prevent access to any adjacent parcels. However, to prevent the sale of this parcel without Lot 5.1, thereby restricting access to Lot 5.1, a unity of title will be required. 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. All utility services currently located in the subject right-of-way will continue to function as they do presently. The provision of a general utility easement for the entire abandonment area will accommodate future maintenance and improvements of any public utilities. Access to the property will not be negatively affected if a unity of title is provided. The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency). It is not within the geographical area requiring review by the DDA (Downtown Development Authority) or HPB (Historic Preservation Board). Community Redevelopment Agency (CRA): The CRA considered this abandonment at its meeting of January 9, 2003 and recommended approval. Courtesy Notices: Courtesy notices have been provided to the following: Presidents Council PROD (Progressive Residents of Delray) [] Kokomo Key Homeowners Association [] La Hacienda Homeowners Association Planning and Zoning Board Staff Report Dixie Highway R-O-W Abandonment (Roehm Property) Page 4 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. As the subject right-of-way is unimproved and there are no plans for its improvement, its intended use is limited. In addition, this abandonment would not impair the provision of utility services or access to adjacent lots. The purpose of the abandonment is to incorporate the vacated area with the adjacent parcel to the east for additional property. The creation of a utility easement over the abandonment area will satisfy all future utility needs. 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment based upon positive findings with respect to LDR Section 2.4.6(0)(5) with conditions. 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(0)(5). By motion, recommend to the City Commission approval of the abandonment of the east 20.25' by 101.25' portion of Dixie Highway right-of-way (directly adjacent to Lot 5 of the Plat of Delray Beach Estates), based upon positive findings with respect to LDR Section 2.4.6(O)(5), subject to the following conditions: 1. The Official Resolution abandoning the subject area includes language which establishes a utility easemer~t over the entire abandonment area; and 2. Prior to City Commission action, removal of the concrete block wall and chain linked fence installed within the Dixie Highway right-of-way west of the abandonment area. 3. ^ Unity of Title is to be submitted and executed after the abandonment is consummated. Attachments: · Location Map · Reduced Survey S:~Planning & Zoning~BOARDS~P&Z BOARD~2300 dixie hwy aband.doc TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAG~~ ~,~ PAUL DORLING, DIRECTOR OF PLANNING AND ZC~IN~ MEETING OF JUNE t7, 2003 CONSENT AGENDA* ACCEPTANCE OF A HOLD HARMLESS AGREEMENT IMPROVEMENTS PLACED WITHIN A UTILITY EASEMENT. FOR At its meeting of January 27, 2003, the Planning and Zoning Board recommended approval of the abandonment of a portion of Dixie Highway right-of-way, adjacent to Lot 5 of the plat of Delray Beach Estates. The abandonment area represents the east 20' of Dixie Highway located approximately 1,640 feet south of Gulf Stream Boulevard. The abandonment was recommended for approval subject to the following conditions: 1. The Resolution abandoning the subject area includes language which establishes a utility easement over the entire abandonment area; and, 2. Prior to City Commission action, removal of the concrete block wall and chain link fence installed within the Dixie Highway right-of-way west of the abandonment area. At the Planning and Zoning Board meeting, Mr. Richard Roehm, the applicant, had concerns with respect to the timing of removing the wall and fence. He stated that he would like to have the wall removed so that he could construct a fence along the new property line and secure the property. Options were explored with the City Attorney's office to accommodate Mr. Roehm's concern. The solution is to execute two Hold Harmless Agreements. One Hold Harmless Agreement is for improvements placed within a public right-of-way (allowing construction of the proposed new fence in the area before abandonment), which occurred at the City Commission's March 13th meeting. The other Hold Harmless Agreement is for fencing to be allowed within the proposed utility easement to be retained after the abandonment. The Hold Harmless Agreement for improvements (new fence) placed within the utility easement is currently before the Commission for acceptance. It is noted that the fence was proposed to be placed on the property line. While this placement is acceptable for the current use (single family) with any future change of use the fence will be required to be set back 10' to the inside of the required 10' landscape buffer. The fence has been installed and set back 10' from the property line and all conditions have been addressed. By motion, accept the Hold Harmless Agreement for improvements placed within the utility easement. Attachments: · Loceflon Map (~ ,~) ~ · Hold Hamlless Agreement for improvements placed within a public fight-of-way . ,, GULF STREAM BOULEVARD GULF STREAM DRIVE j ! 6,J~~ '~.,~a / 1 ~ ~1 I I,~%._ ~.~ "'"'"~,,.,,.L COURTS d I ~ -'1 /LOT ,~r~,~r~c I' 11_ P~' I /---._ ~,/ /t-----4 t~o,!___ --'--/ / ~ - PROPOSED ABANDONMENT - cnY er ~e.~^v K^c~, ~. 2300 OLD DIXIE HIGHWAY Prepared by: RETURN: R. Brian Shun, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL HOLD HARMLESS AGREEMENT FOR IMPROVEMENTS PLACED WITHIN A UTILITY EASEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this ~OaO~ day of ~)(u~g~4 , 2063_ by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and (~', C~O~d ~--~. ~t~n,~ , (hereinafter referred to as "OWNER"). WITNESSETH: WIiEREAS, OWNER owns property located at '~30D -~g~ ~Delray Beach, Florida, and has requested CITY to allow for the installation of f7~ t~(_a in a public utility easement; and WHEREAS, OWNER agrees to hold CITY harmless for any damage which might be caused to the ._~_~x~._ as a result of maintenance within the public utility easement or any action brought against the CITY as a result of the --~,~cC. in the public utility easement. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. OWNER is the owner of property described in Exhibit "A', which also shows or describes the public utility easement. 3. That OWNER wishes to install a(n) -~,-xC'e~ in the area, as shown on Exhibit "B', in the public utility easement pursuant to the City of Delray Beach Code of Ordinances. 4. OWNER acknowledges that the CITY shall assume no responsibility or maintenance for the ~~- and any improvements thereto, which OWNER places within the public utility easement and that OWNER shall be responsible for the upkeep and maintenance of such --~r-c~-- and associated improvements in the public utility easement in accordance with the Code of Ordinances of the CITY. 5. OWNER, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the --~c..a..~ and improvements in the public utility easement. OWNER further agrees to hold the CITY, its agents, officers, employees and servants harmless for any damage' to the --~.t~C~.. and associated improvements OWNER places within the public utility easement. It is understood that any cost for replacement or repair of the --~r~c~_ and associated improvements shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage to the --~¢ a _ and associated improvements as a result of any maintenance or construction within the public utility easement by the CITY. 6. All notice required or allowed by this Agreement shall be delivered in person or mailed to the party at the following address: CITY: OWNER: Environmental Services Director City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33~?.~. I VL. g3q 3 7. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palrn Beach County and shall mn with the land. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any cla'Lm or lawsuit arising out of this Agreement shall be in Palm Beach County. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By:. WITNESSES: (Print or Type~ame) (Print or Type Name) OWNER: (Print or Type Name) (SEAL) STATE OF F[b£, t~_~- COUNTY O~ff__~t~/'/~~ The foregoing instnun~n,t was ae~owl~ed before me ~s ~ day of ~ ~(~ ~4,200_ by ~C ~ ~ ~ ~ ~. ~ ~ (n~e of o~eer or agent), of } (n~e of co~orafion), a (State or pl~e of ~co~oration) co~oration, on beef of ~e eo~omfion. He/She ~ me or h~ produced (~e of identification) ~ identification ~d diWdid not t~e ~ oa~. ~ S~f ~ot~ Pubic - S~te of~ ~lm & (SEAL) -% rlTY DF DELRRY BEACH CITY ATTORNEY'S OFFICE 200,,,w., AVEN~'E. ,,EL,,A'~ "EAC., FLO',H.A .4. TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755 DATE: June 6, 2003 Writer's Direct Line: 561/243-7091 MEMORANDUM TO: FROM: City Commission ,~,, .,..~,-~- Bdan Shutt, Assistant CitY Attorney SUBJECT: Clarification Resolution for Pineapple Grove Way Special Assessment District The City Commission approved the preliminary assessment roll for the Pineapple Grove Way special assessment distdct on July 25, 2000. The attached resolution clarifies that no funds are due from the adoption of the preliminary assessment roll, but, shall only become due once the City adopts the final assessment roll. By copy of this memo to David Harden, our office is requesting that this item be placed on the June 17, 2003 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Gadto, City Clerk RESOLUTION biO. 39-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE CLARIFICATION OF RESOLUTION 49-00, (PRELIMINARY ASSESSMENT ROLL FOR THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT) CLARIFYING THAT RESOLUTION 49-00 DOES NOT PLACE A LIEN ON THE PROPERTY LISTED IN THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT, BUT IS ONLY NOTICE OF AN AMOUNT THAT MAY BE CHARGED TO THE PROPERTY ONCE THE FINAL ASSESSMENT ROLL IS ADOPTED; PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 25, 2000, the City Commission passed Resolution 49-00 adopting the Preliminary Assessment Roll for the Pineapple Grove Way Special Assessment District ("District"); and WHEREAS, Resolution 49-00 does not place a lien on the properties of the special assessment district, it only puts the property owner and subsequent purchasers on notice that upon completion of the construction and the adoption of a final assessment roll the property owner will be billed for an amount equal to or less than the amount provided in Resolution 49- 00; and WHEREAS, no propen'y listed in Resolution in 49-00, which properties are listed on Exhibit "A", attached hereto, is currently responsible for any payment to the City and NO FUNDS ARE DUE to the City until such time as the City adopts a Final Assessment Roll for the Pineapple Grove Way Special Assessment District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Flor/da, hereby provides that Resolution 49-00 is for notice purposes only and does not place a lien on the properties listed on Exhibit "A", attached hereto, and that NO FUNDS ARE DUE to the City until such time as completion of the construction and the adoption of the Final Assessment Roll. Section 2. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on the __ day of ,2003. Mayor ATTEST: City Clerk CITY OF DELRrlY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: June 11,2003 Wdter's Direct Line: 561/243-7091 MEMORANDUM TO: FROM: City Commission~._____.~ Brian Shutt, Assistant City Attorney SUBJECT: A.qreement with Lake Ida Church of Christ The attached agreement provides that Lake Ida Church of Christ (1300 Lake Ida Road) will provide the City with a Letter of Credit in the amount of $27,500.00 to cover the expense of installing a turning lane on Roosevelt Avenue. Development of the Church site may require the construction of the turning lane. If the Church fails to construct the turning lane, if requested to do so by the City, the City may make a claim on the Letter of Credit and construct the turning lane. By copy of this memo to David Harden, our office requests that this item be placed on the June 17, 2003 City Commission agenda. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk Randal Krejcarek, City Engineer AGREEMENT THIS AGREEMENT entered into this __ day of ,200_, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and LAKE IDA CHURCH OF CHRIST (hereinafter referred to as DEVELOPER), provides as follows: WHEREAS, the Lake Ida Church of Christ is being constructed at 1300 Lake Ida Road; and WHEREAS, in order to accommodate the development, a turning lane on Roosevelt Avenue may need to bc installed to accommodate vehicles making a left hand turn into the church parking lot; and WHEREAS, the DEVELOPER, if required, shall construct such turning lane as shown on Exhibit "A", it is understood that the drawing provided in Exhibit "A" is just a rough sketch and proper engineering plans and drawings must bc submitted for the design of the turning lane; and WHEREAS, the DEVELOPER shall furnish a bond or other guarantee, acceptable to the CITY, in its sole discretion, for the performance of a traffic study, design and construction of such turning lane; and WHEREAS, if the CITY, in its sole discretion, determines a turning lane is needed, DEVELOPER shall have one year in which to construct the turning lane after receiving written notification from thc CITY of the request to construct the turning lane, if DEVELOPER fails to perform the traffic study or construct the turning lane within the above stated time period, if required, the CITY may make a claim on the bond for such failure. 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: 1. INCORPORATION OF RECITALS The above-stated recitals are incorporated as if fully set forth herein. 2. TURNING LA_NE DEVELOPER shall perform a traffic study, (such study shall be performed by an engineer registered in the State of Florida who has performed similar traffic studies in the past and who regularly practiced in the traffic engineering field) within eleven months of receiving a certificate of occupancy from the CITY for the church project located at 1300 Lake Ida Road. The purpose of the traffic study will be to assist the CITY in determining whether a turning lane is required on Roosevelt Avenue as depicted on Exhibit "A", the CITY, in its sole discretion, will determine whether or not a turning lane will be required. DEVELOPER shall have one year from the completion of the traffic study in which to complete construction of the turning lane. 3. LETTER OF CREDIT OR OTHER ACCEPTABLE GUARANTEE The DEVELOPER shall be required to purchase a letter of credit or other guarantee, that is acceptable to the CITY, to cover the cost of a traffic study, design of the turning lane and the construction cost of the turning lane in the amount of $27,500.00, and such letter of credit or guarantee shall be in effect until the turning lane is constructed and has passed all requirements and inspections by the CITY. DEVLOPER shall be responsible for all costs associated with the performance of a traffic study, design and construction of the turning lane. The CITY shall not be responsible for any cost or charge associated with the performance of the traffic study, design and/or construction of the mining lane. If it is determined by the CITY, in its sole discretion, 2 that a turning lane will be needed and DEVELOPER fails to construct such turning lane, as shown on Exhibit "A", to the CITY'S satisfaction, the CITY shall be allowed to make a claim on the letter of' credit and construct the turning lane itself. If there is not enough funds in the letter of credit to cover the actual cost, DEVELOPER shall be liable for any extra costs or amounts incurred by the CITY. 4. CITY SHALL ASSUME NO LIABILITY The CITY shall assume no liability for the performance of the traffic study, design and/or construction of the turning lane by DEVELOPER. DEVELOPER shall hold harmless, defend and indemnify the CITY, its officers, agents, employees or contractors from any and all suits, claims or causes of action that arise from the design and/or construction of the turning lane or fi'om the terms and conditions of this Agreement. 5. 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, Florida. 6. INTEGRATION~ 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. WITNESSES: (Name Printed or Typed) LAKE IDA CHURCH OF CHRIST By:. (please type or print name) (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this __ day of ., 200_, by ., as (name of officer or agent, title of officer or agent), of LAKE IDA CHURCH OF CHRIST, 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 ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH By:. Jeff Perlman, Mayor 4 ,' I EXHIBIT "A" ,.UNION PLANTERS BANK INTERNATIONAL DIVISION - LETTER OF CREDTI' DEPARTMENT 9700 N.W 112TM AVENUE, MLAMI, FLORIDA 33178 TEL. 786-845-4400 - FAX 786-845-4782 S.W.I.F.T. ADDRESS UPNBUS44 - TELEX 6737871 UPBM[A ZRREVOCABLE LETTER OF CREDZT Date of Issue: May 15, 2003 Beneficiary: CTTY OF DELRAY BEACH CZ'FY ENGINEER 434 SO SWINTON AVENUE DELRAY BEACH, FL 33444 PH: 561-243-3741 Dear Sirs: We hereby establish our Irrevocable Letter of Credit No. L032899 in your favor in the amount of Twenty Seven Thousand and 00/100 United States Dollars, ($27,500.00) for the account of Lake Ida Church of Christ, 1300 Lake [da Rd, Delray Beach, FL 33444 available by your draffcs drawn at sight on Union Planters Bank accompanied by: Written demand signed by the City Manager and Engineer of the City of Delray Beach, Florida. This credit expires on May 14, 2004. Each of your Drafts under this credit must specify the date and number of this Letter of Credit and must be accompanied by the Original of this Letter of Credit for endorsement hereon for the amount of the drawing(s), and must be presented at Union Planters Bank, International Operations, 9700 NW 112m Avenue, Miami, Florida 33178 within the expiry date of this credit. We confirm this credit and hereby engage that draffcs drawn in conformity with the terms of this credit will be duly honored on presentation. Except so far as otherwise expressly stated this Credit is subject to the Uniform Customs and Practices for Documentary Credits (1993 Revision) International Chamber of Commerce, [CC Publication No. 500. SJncerely,~ ~ Name '~tle ORIGINAL Memorandum Community Improvement Horticulturist ,DE~L~Y~ B ~oCH~ AlI-AIImd~Gfly 1993 2001 TO: THROUGH: FROM: RE: DAVID T. HARDEN, CITY MANAGER LULA BUTLER, DIRECTOR OF COMMUNITY IMPROVEMENT(' ~ NANCY DAVILA, HORTICULTURIST ~ LAKE IDA ROAD AGREEMENT WITH PALM BEACH COUNTY TIME EXTENSION DATE JUNE 10, 2003 ITEM BEFORE THE COMMISSION: The item before the City Commission is the modification and extension of time for two existing agreements between the City and Palm Beach County to provide funding for Lake Ida Road beautification between Congress Avenue and Military Trail. BACKGROUND Since the County's Contractor, Sonic Engineering took longer to complete the road expansion than anticipated, the City needs to extend their performance window, as this was set to expire on June 30th, 2003 for medians 6 and 7. The same is true for the agreement for medians 1,2,3,4,5,8 & 9 which was set to expire September 30, 2003. The new expiration and completion dates are June30, 2004 for both areas. We do not anticipate needing this much time, but this allows time for all final documentation and paperwork required to be filed with the County. RECOMMENDATION Staff recommends the City Commission approve the agreement revisions to extend the time period for the completion of the irrigation and landscaping from June 2003 to June 2004. Depa~men~ of El~h~eer~ and Public Works EO. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 www. pbcgov.com Palm Beach County Board of County Commissioners Karen T. Marcus, Chair Tony Masilot~i, Vice Chairman Jeff Ii,OhS Warren H. Newell Mary McCany Addie L. Greene County Administrator Robert Weisman June 6, 2003 Nancy Davilla, City Horticulturist City of Delray Beach 100 NWIsT Avenue Delray Beach, FL 33~~, RE: Amendment to Interlocal Agreement (R2002-0522) Dated April 16, 2002 with the City of Delray Beach for Lake Ida Road from Military Trail to Congress Avenue Beautification. Dear Ms. Davilla: Enclosed are two originals of the Amendment to the Intedocal Agreement for the subject location. Please have both originals executed bythe Mayor or other official designated by the City Council and then return both originals to me so this item can go before the County Commission for final execution. Following that approval and the signature of the Chair, I will return one fully executed odginal to you for your records. Your efforts to enhance the quality of life in Palm Beach County are appreciated. If you have any questions, please contact me or Jason Weber at 684-4100. Sincerely, Oi~TY ENGINEER Manager - Streetscape Section Attachments: Two odginal copies of the Amended Interlocal Agreement pc: G. Haney Frakes, Jr., P.E. Assistant County Engineer Martene Evedtt, Assistant County Attorney Richard Farquhar, Administrative Services Division File: Roads - Lake Ida Road Municipalities - City of DelraY Beach F:~Median~J'r~AKPBCB01 -O2~,G R-AM D-LT R D E L RAY_LKID A.W PD 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT DATED AUGUST 20, 2002 WITH THE CITY OF DRLRAY BEACH FOR LA/(E IDA ROAD BEAUTIFICATION THIS AMENDMENT is made to the Financial Assistance Agreement dated August 20, 2002, by and between the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter -CITY-, and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter WI TNES SETH: WHEREAS, on August 20, 2002, the CITY and the COUNTY entered into a financial assistance agreement providing for the COUNTY's funding of the CITY's planned IMPROVEMENTS on Lake Ida Road in an amount not to exceed THREE HUNDRED THOUSAND and 00/100 DOLLARS ($300,000.00); and WHEREAS, that agreement contained a completion date for the IMPRO%q~4ENTS of Septen%ber 30, 2003; and WHEREAS, the CITY's installation of the IMPROVEMENTS have been delayed due to unanticipated delays completing the COUNTY's Lake Ida Road construction project; and WHEREAS, the COUNTY believes that the CITY's efforts serve a public interest by beautifying this thoroughfare, and therefore wishes to support those efforts by extending the time to complete the IMPROVEMENTS until June 30, 2004, NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The Financial Assistance Agreement dated August 20, 2002, by and between the CITY and the COUNTY, is hereby amended to revise paragraph 9 as follows: 9. All installation of these IMPROVEMENTS shall be completed and final invoices subm/tted to the COUNTY no later than June 30, 2004, and the COUNTY shall have no obligation to the CITY or any other -1- entity or person for any cost incurred thereafter . 2. It is the intent of the parties hereto that this AMENDMENT shall not become bindinguntil the date executed by the Board of County Commissioners of Palm Beach County. 3. All other provisions of the Financial Assistance Agreement dated August 20, 2002, shall remain in full force and effect. (INTEI~TIONALLY LEFT BLANK) -2- 8 10 11 12 13 14 15 16 17 18 19 IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the day first above written. PALM BEACH COUNTY, FLORIDA, BY CITY OF DELRAY BEACH, ITS BOARD OF COUNTY COMMISSIONERS BY ITS CITY COMMISSION By:. KARENT. MARCUS, CHAIR MAYOR (COUNTY SEAL) (CITY SEAL) ATTEST: DOROTHY E. WILKEN, CLERK ATTEST: By:. DEPUTY CLERK CITY CLERK By: By:. APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL SUFFICIENCY SUFFICIENCY ASSISTANT COUNTY ATTORNEY CITY ATTOP~NEY By.' APPROVED AS TO TERMS AND CONDITIONS -3- Depa~me~ of I~n~h~eerhl~ and Public Works EO. BOX 21229 West Palm Beach. FL 33416-1229 (561} 684-4000 www. pbcgov, com Palm Beach County Board of County Commissioners Haren T. Marcus. Chair Tony Masi[otti, Vice Chairman Jeff ~oons Warren H. Newell Mary McCarty Addle L Greene County Administrator Robert ~isman June 6, 2003 Nancy Davilla, City Horticulturist City of Delray Beach 100 NW 1sT Avenue Delray Beach, FL 33~.-!.~, RE: Amendment to Financial Assistance Agreement (R2002-1316) Dated August 20, 2002 with the City of Delray Beach for Lake Ida Road between Lawrence Road and Davis Road (known as medians 6 and 7) Beautification. Dear Ms. Davilla: Enclosed are two originals of the Amendment to Financial Assistance Agreement for the subject location. Please have both originals executed by the Mayor or other official designated by the City Council and then return both originals to me so this item can go before the County Commission for final execution. Following that approval and the signature of the Chair, I will return one fully executed original to you for your records. Your efforts to enhance the quality of life in Palm Beach County are appreciated. If you have any questions, please contact me or Jason Weber at 684-4100. Sincerely, Manager - Streetscape Section Attachments: Two original copies of the Amended Financial Assistance Agreement pc: G. Haney Frakes, Jr., P.E. Assistant County Engineer Marlene Everitt, Assistant County Attorney Richard Farquhar, Administrative Services Division File: Roads - Lake Ida Road Municipalities - City of Delray Beach F:~Median~ITW\COMMFUNDS01 ~)L~G R-AM D -LTR.D EL RAY_LKIOA. W PD 2 9 10 12 13 14 15 16 17 18 19 2O 21 22 23 AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT DATED APRIL 16, 2002 FOR THE CITY OF DELRAY BEACH FOR LAKE IDA ROAD BEAUTIFICATION THIS AMENDMENT is made to the Financial Assistance Agreement dated April 16, 2002, by and between the CITY OF DELRAY BEACH, a municipal corporation of the State of Florida, hereinafter "CITY", and the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY". WITNESSETH: WHEREAS, on April 16, 2002, the CITY and the COUNTY entered into a financial assistance agreement providing for the COUNTY's funding for 50% of the cost of the CITY's planned IMPROVEMENTS on Lake Ida Road in an amount not to exceed FORTY-SIX THOUSAND FIVE HUNDRED FIFTY AND 00/100 DOLLARS ($46,550.00); and WHEREAS, that agreement contained a completion date for the IMPROVEMENTS of June 30, 2003; and WHEREAS, the CITY's installation of the IMPROVEMENTS has been delayed due to unanticipated delays completing the COUNTY's Lake Ida Road construction project; and WHEREAS, the COUNTY believes that the CITY's efforts serve a public by beautifying this thoroughfare, and therefore wishes to support those efforts by extending the time to complete the IMPROVEMENTS until June 30, 2004. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: -1- 1 2 3 4 5 6 ? 8 9 10 11 ~2 13 '1. The Financial Assistance Agreement dated April '16, 2002, by and between the CITY and the COUNTY, is hereby amended to revise paragraph 10 as follows: 10. All installation of these IMPROVEMENTS shall be completed and final Invoices submitted to the COUNTY no later than June 30, 2004, and the COUNTY shall have no obligation to the CITY or any other entity or person for any cost incurred thereafter. 2. It is the intent of the parties hereto that this AMENDMENT shall not become binding until the date executed by the Board of County Commissioners of Palm Beach County. 3. All other provisions of the Financial Assistance Agreement dated April 16, 2002, shall remain in full force and effect. (INTENTIONALLY LEFT BLANK) -2- lo 11 12 13 14 15 16 17 18 AMENDMENT TO KEEP PALM BEACH COUNTY BEAU11FUL GRANT WITH CITY OF DELRAY BEACH FOR LAKE IDA ROAD BEAUTIFICATION IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the day first above written. PALM BEACH COUNTY, FLORIDA, BY CITY OF DELRAY BEACH, ITS BOARD OF COUNTY COMMISSIONERS BY iTS CITY COMMISSION By: By: KAREN T. MARCUS, CHAIR MAYOR (COUNTY SEAL) (CITY SEAL) ATTEST: DOROTHY H. WILKEN, CLERK ATTEST: By: By:. DEPUTY CLERK CITY CLERK By: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY APPROVED AS TO FORM AND LEGAL SUFFICIENCY CiTY ATTORNEY By: APPROVED AS TO TERMS AND CONDITIONS -3- Date: June 10, 2003 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: X Regular __ Special When: June 17, 2003 Description of Agenda Item: Lake Ida Road Agreement with Palm Beach County Request for Time Extension Workshop 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 Golf& Tennis Management, Development & Consultation A Division o! Dubin & Associates MEMORANDUM TO: Mr. Dave Harden FROM: Brahm Dubin DATE: June 11, 2003 RE: Request for Contract Extension I am hereby recommending extending the Consulting Agreemem for Naming Rights of the Delray Beach Tennis Cemer between The Superlative Group, Inc. and the City of Delray Beach. Currently, the Agreement will terminate on June 29, 2003. I recommend a 90 day extension at no cost to the City of Delray Beach with the exception of travel. Please respond at your earliest convenience. Thank you. 6/11/03 acd/Memo re Request for Contract Extension 1300 Park of Commerce · Suite 272 · Delray Beach, FL 33445 · (561) 265-0255 · Fax (561) 265-2752 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # ~ o REGULAR MEETING OF JUNE 17, 2003 ~EPORT OF,~PE~,.E ~,~ DEVE,.O~MEN~ BO,~ AC~,ONS DATE: JUNE 13, 2003 Attached is the Report of Appealable Land Use Items for the period June 2, 2003 through June 13, 2003. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\chevelle folder\agenda memoskavagmen~6.17.03 TO: THRU: FROM: SUBJECT: MEETING OF JUNE 17, 2003 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JUNE 2, 2003 THRU JUNE 13, 2003 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of June 2, 2003 through June 13, 2003. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No Regular meeting of the Planning and Zoning Board was held during this period. A. Approved (5 to 0, Nancy Stewart and Deborah Dowd absent), a request for a fiat wall sign for Ed Morse Cadillac, located on the west side of South Federal Highway south of Linton Boulevard (2300 South Federal Highway). City Commission Documentation Appealable Items Meeting of June 17, 2003 Page 2 B. Approved with conditions (4 to 0, Mark Gregory stepped down), two free standing signs for Global Importing, Inc. (fka Costco) located at the southwest corner of Linton Boulevard and SW 4th Avenue (501 Linton Boulevard). C. Approved (5 to 0), a request for a color change for The Point of Delray, an existing multiple family development located on the west side of the FEC Railroad, between Lindell Boulevard and the C-15 Canal (243 Canal Point Way). D. Approved (4 to 0, Mark Gregory stepped down), a Class I site plan modification associated with elevation changes for Atlantic Antique Mall, located at the southeast corner of SE 5th Avenue (southbound Federal Highway ) and East Atlantic Avenue (504 East Atlantic Avenue). E. Approved with conditions (4 to 0 Gary Eliopoulos stepped down), the architectural elevation plans for the South County Courthouse Garage located at the northeast corner of SW 2nd Avenue and SW 1st Street. F. Approved with conditions (5 to 0), a Class III site plan modification and architectural elevation plans associated with the construction of a 4,720 square foot canop,~ addition for Linton Truss, an industrial building located on the east side of SVV 4"' Avenue, approximately 900' north of Linton Boulevard (1455 SW 4th Avenue). G. Granted (4 to 0 Dan Carter stepped down) an eighteen (18) month extension (expires December 14, 2004) for the Fountains Center, a proposed 16,480 square foot commemial plaza located on the west side of Military Trail, 340' south of Fountains Way H. Approved with conditions (5 to 0), the landscape plan and architectural elevation plan for Delray Park of Commerce Tract "B", located at the northeast corner of Lake Ida Road and NW 17th Avenue (Park of Commerce Boulevard). 1. Approved (6 to 0, Bill Branning absent), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the conversion of a single family structure to offices for Independence Title, located at nd th the northeast corner of NE 2 Avenue and NE 5 Terrace. Concurrently, the Board granted the following waivers: - Reduced the required stacking distance from 20' to 5'. - Reduced the landscape strip at the north property line in the parking area from 5' to 3', 2. Approved (6 to 0), a Certificate of Appropriateness associated with the installation of two free standing signs for Vintage Rose, located at the northwest corner of NE 1st Street and NE 1st Avenue (102 NE 1st Avenue). City Commission Documentation Appealable Items Meeting of June 17, 2003 Page 3 3. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the construction of an addition and a pool for the Messingschlagger Residence, located on the west side of SE 7th Avenue, south of SE 2nd Street (242 SE 7th Avenue). 4. Approved (6 to 0), a Certificate of Appropriateness associated with the installation of a free standing sign for Jagger's Universe, located at the southeast corner of Swinton Avenue and NE 3rd Street (275 North Swinton Avenue). 5. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the installation of two wall signs for Bull Bar located at the southeast corner of Swinton Avenue and East Atlantic Avenue (2 East Atlantic Avenue). 6. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the installation of a monument sign for S & R Beauty Supply, located at the northeast th st th corner of NW 5 Avenue and NW 1 Street (103 NW 5 Avenue). By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - June 17, 2003 S.P.R.A.B.: A. ED MORSE CADILLAC B. GLOBAL PRINTING, INC. C. THE POINT OF DELRAY D. ATLANTIC ANTIQUE MALL E. SOUTH COUNTY COURTHOUSE GARAGE F. LINTON TRUSS G. FOUNTAINS CENTER H. DELRA Y PARK OF COMMERCE TRACT "B" H.P.B.: 1. INDEPENDENCE TILE 2. VINTAGE ROSE 3. MESSINGSCHLAGGER RESIDENCE 4. JAGGER'S UNIVERSE 5. BULL BAR 6. S&R BEAUTY SUPPLY S CITY OF DELRA¥ BEACH, FL PLANNING & ZONING DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~'~ - REGULAR MEETING OF JUNE 17. 2003 AWARD OF BIDS AND CONTRACTS DATE: JUNE 13, 2003 This is before the City Commission to approve the award of the following bids: Contract award to RPM General Contractors, Inc. in the amount of $44,652.00 for the construction of interior Water Treatment Plant Control Room Modifications. Funding is available from 442-5178-536-62.10 (Water/Sewer Renewal & Replacement/Buildings). Purchase award to Kuhn Carpet and 'l~fle in the amount of $26,100.00 via the Florida State Contract #360-240-00-1 for replacement carpeting for the Fire-Rescue Department Headquarters. Funding is available from 001-2311-522-46.10 (General Fund/Building Maintenance) and 334-6112-519-46.10 (General Construction Fund/Building Maintenance). Recommend approval of the above bids and purchases. S:\City Clerk\chevelle folder\agenda memo\Bid Memo.6.17.03 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: David Harden, City Manager Victor Majteny, C~onstmction Manager W.T.P. CONTROL ROOM MODIFICATIONS (P/N 2002-045) Commission Agenda Item, Contract Award JUNE 10, 2003 www. mydelraybeach, com Attached is an Agenda Request for City Commission to approve an award of contract to RPM General Contractors, Inc. for the construction of interior modifications to the Water Treatment Plant's Control Room. The scope of work is defined to the main control room center, adjoining offices, and restroom. The remodel consists of new ceilings, flooring, interior finishes, and associated modifications to the electrical/lighting and I-IVAC systems. On Wednesday, May 28, 2003, the City opened bids for this project with the lowest responsive bid from RPM General Contractors, Inc. at $44,652.00. A copy of the bid tabulation is attached for your review. Staff recommends City Commission award the contract to RPM General Contractors, Inc. in the amount of $44,652.00 for the construction of the Water Treatment Plant's Control Room Modifications project, P/N 2002-045. RPM General Contractors, Inc. has successfully completed other various City projects. Funding is available from 442-5178-536-62.10, Water & Sewer Renewal & Replacement/Buildings Richard Hasko; Director of ESD Dan Beatty; Dep. Dir. of Public Utilities Rafael Ballestero, Dep. Dir. of Construction City Clerks Office Agenda File 06/17/03 File 2002-045(A) S:XEngAdmin~Projects~002~002-045\CONSTRCTxagda Memo 06.17.03.do¢ 0 z Z Date: 10 Jun 2003 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 17 Jun 2003 Description of Agenda Item (who, what, where, how much): Award of contract to the lowest responsive bidder, RPM General Contractors, Inc. in the amount of $44,652.00 for the construction of interior improvements to the Water Treatment Plant Control Room Center, P/N 2002-045. The funding for this project will be provided from account 442-5178-536-62.10, Water & Sewer Renewal & Replacement/Buildings. Staff Recommendati. on: Awar x act ,/, /~ , Department Head Slgnature~r~/~/~ ~.'~~ ~-] c~- O_~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Description See above Account Balance: ~ frS~ ~ 7 ~ ~ ~ Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: (~/No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2002\2002-045\CONSTRCT\agenda Req RPM 06.17.03.doc [ITY DF DEI gV FIRE-RESCUE DEPARTN1ErgT "" HIGHLAND BEACH DELRAY BEACH Ali-America City 1993 MEMORANDUM 2001 TO: David T. Harden, City Manager FROM: THRU: R. Bradford Fitzer, Division Chief Kerry B. Koen, ~ire Chief DATE: June 9, 2003 SUBJECT: Purchasing of Carpet for Fire Headquarters The Fire-Rescue Department is submitting this request to purchase carpeting for replacement at Fire Headquarters. We will be using this year's budget in the amount of $15,000 from account #001-2311-522-46.10 and the balance of $11,100 from account #334-6112-519-46.10 with the project totaling $26,100. The vendor for this project is Kuhn Carpet and Tile, Coral Springs, Florida. Pricing is from the Florida State contract #360-240-00-1for the carpet through Shaw Industries with Kuhn Carpet performing the installation. Your concurrence with this project is appreciated. Division Chief CCi Rich Olson, Director of Public Works Jackie Rooney, Purchasing Supervisor FiRE RESCUE DEPARTMENT HEADC~tJAF~] P!RS · 501 WEST AT[ AXJTIC AVENUE · DELRAY BEACH, FLORIDA 33444 Kuhn Carpet & Tile 12504 Wiles Road, Coral Springs, FL 33076 - wv~v. kuhncarpet com Tel: (954) 344 4838 - Fax: (954) 344 7082 - 1-800 273-5240 2003 Delray Beech Fire Depettment Headquarters 501 West Atlantic Avenue Defray Beach, FL 33444 Tel: (561) 243 - 7400 Fax: (561) 243 7461 RE: Ist and 2''~ Floors Carpetitlg ATT: Chief Brad Fitzcr Per your request the following is a breakdown of easts and yardage for the installation of Parallel II, color Uniform, purchased and installed by Kuhn Carpet at~d Tile with specifications provided by Shaw Industries per Florida control 360-240-00-1. We are exceeding the quality of the spec by providing Shaw's TekLok backing system. This backing system is necessary to stop alW future de~Lamination or bucklJJag that caused the need for replacing the existing carpeting. Floor: 219 s& Carpet and installation ~ $18.00 per = $3942.00 500 Lin. Ft. of carpet base and binding ~ $~.00 per = $1000.00 2~ Floor: 931 ~/y Carpet ~ installation ~ $1g.00 per = $16,758.00 2200 Lin. Ft. of carpet ~ and binding ~ $'2.00 per ~ ~400.00 ~vtal: ~Z6.100.O0 Thc square yard price of $1 S.00 per ~uarc y~d includes: Shaw's Parallel II, color Uniform Take up and disposal of existing carpet Furniture movemellt Night and weekend installation If you have any questions please contact me at my office or my cell phone (954) 448 - 4600. Br~t Palmer 360-240-00-1 -- Carpet & Flooring Materials Page 1 of 1 Carpet & Flooring Materials 360-240-00-1 Effective: 06/01/00 through 05/31/04 Certification Special Conditions Specifications Blank Forms Instructions to Ordering Aqency Revisions Complete Contract Beaulieu Commercial Collins & Aikman Floorcoverings, Inc. interface $&J Industries, dba J&$ Contract Services Lees Carpets Msnnlno~on Carpets Mohawk Pateraft Commercial Carpet Shaw Indus~ies Sylvan Chemical Co., Inc. (Milliken) Contractors: www.beaulieucornmercial.com www.tandus.com/florida/fla.hlm www.interfacefloorint,.conffcnduse/govemment/florida.stateof www.iiindustrics.com/contracts/florida.a~p www.leescarpe_ t.com/ppp/florida htto://www.manm~on.com/Commercial/StateolFlorida/default.asp www.mohawkcommercial~oup.com www.commercial.shawinc.com/fl~aterafl/default.htm www.commercial.shawinc.com/fl shaw/default.him www.millikencarpet.com/statecontracfflorida http ://fcn. state.fl.us/st_contracts/360240001 / 6/4/2003 Request to be placed on: __ X Consent Agenda When: June 171 2003 AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Date: June 31 2003 __ Workshop Agenda Description of agenda item: Purchase of replacement carpetinq for Fire Headquarters from State contract. ORDINANCE/RESOLUTION REQUIRED: YES Draft of resolution Attached: YES Recommendation: Approve NO X NO Account Number: Account Description: Account Balance: City Manager Review: 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 X__/~ No Funding alternatives: 001-2311-522-46.10 , 334-6112-519-46.10 Fire Administration & C.I.P. / Approved for agenda:(~ Hold Until: Agenda Coordinator Review: Received: Action: Approved No Disapproved P.O. # MEMORANDUM To: From: David T. Harden, C_ity Manager Joseph M. Saff~tor of Finance Subject: Resolution # 34-03, and 35-03 Date: June 9, 2003 We have attached for Commission approval Resolution# 34-03 and #35-03. A brief description of each resolution is as follows: Resolution #34-03 Resolution #34-03 authorizes the issuance of not to exceed $13,500,000 in Water and Sewer Refunding Bonds. The proposed bonds will be issued for the purpose of refunding or refinancing all or a portion of the City of Delray Beach Water and Sewer Refunding Bonds, Series 1993 A and B, and the City's outstanding Water and Sewer Refunding Bonds, Subordinate Series 1999; and to provide the terms and payment for the bonds. Resolution # 35-03 Resolution # 35-03 authorizes the negotiated sale of City of Delray Beach Water and Sewer Revenue Bonds and to provide certain matters that need to be met in order to effectuate the sale. The parameters are 1 .) the true interest cost does not exceed 3.75% per annum, 2.) the Underwriter's fee or discount paid is not more than $6.00 per thousand of the original principal amount of the Bonds, 3.) the principal amount does not exceed $13,500,000, 4.) the final maturity of the Bonds does not extend beyond October 1, 2008 and 5.) the net present value savings for paying and defeasing a portion of the Refunded Bonds shall not be less than three percent (2.5%). The resolution also authorizes the Mayor, or in his absence, the Vice-Mayor, to execute the documents to effectuate the sale if these parameters have been met. Resolution #35-03 also authorizes the form of the preliminary official statement, appoints a paying agent/registrar, escrow agent, provides for an insurance policy, and allows proper officers of the City to do all things necessary or advisable with respect to the sale. Total net present value savings, which takes into consideration the time value of money, is estimated at $564,000 or over the term of the bonds or 4.45% of the refunded bonds. A presentation from Public Financial Management, the City's financial advisor, will precede the motion to approve the above referenced resolutions; PFM will explain the background and discuss expected results relative to refunding or refinancing of the City's prior bond issues. We recommend Commission approval of the resolutions referenced above. Agenda Item No.: Request to be placed on: x Regular Agenda AGENDA REpUES~ Date: __ Special Agenda June 10, 2003 __ Workshop Agenda When: June~J_~ Description of agenda item (wh~, what, where, how much): Approve Resolution ~ 34-03 which authrizes the issuanc~ nf,.n~ ~ .v..~ ~!~.~99.99n in Water and Sewer Refundin~ Bonds. Apprnv. R.~nl,,~qn. ~ ?~--O~ zuthcr!~ing the ne~otiated sale 9f City of Dm]~ny R.m~h Uo~o~ ~n~ ~C':TCr ..C-~--~- ~--~ .... ~u set terms thereof. ORDiNAt~CE/~-__~RE$OL6TIp~DREQUIRED: ~NO Draft Attached:~/NO Recommendation: R, com~end approval of RaRO]~t4on ~ qA--~q -~ ~3~--~3_ Department Head Signature: ~ Determination of Consistency City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items of funds): Funding available: YES/ NO Funding altprnatives: Account No. & Description: Account Balance: ~[~ City Manager Review: Approved for agenda: ~/ NO ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved involving expenditure (if applicable) RESOLUTION NO. R 34-03 CITY OF DELRAY BEACH, FLORIDA SUPPLEMENTAL WATER AND SEWER REVENUE REFUNDING BOND RESOLUTION NO. 34-03 AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $13,500,000 IN INITIAL AGGREGATE PRINCIPAL AMOUNT CITY OF DELRAY BEACH, FLORIDA WATER AND SEWER REVENUE REFUNDING BONDS SERIES 2003 Adopted June 17,2003 Res. No. 34-03 TABLE OF CONTENTS ARTICLE I Statutory Authority, Findings, Incorporation by Reference and Certain Def'mifions ................................................................................................................................ Section 1. Authority of this Resolution ................................................................................ Section 2. Findings .............................................................................................. .. ................... Section 3. Incorporation by Reference ................................................................................. Section 4. Original Resolution and this Resolution Constitutes Contract ....................... Section 5. Certain Definitions ................................................................................................ ARTICLE II Authorization of 2003 Bonds and Bond Forms ..................................................... 10 Section 1, Authorization of Bonds and Purpose ............................................................... 10 Section 2. Form of Series 2003 Bonds ................................................................................ 10 ARTICLE HI Terms and Details of Series 2003 Bonds, Application of Series 2003 Bond Proceeds and Additional Covenants ......................................................................... 21 Section 1. Term and Details of Series 2003 Bonds ............................................................ 21 Section 2. Application of Series 2003 Bond Proceeds ....................................................... 21 Section 3. Covenants of the City ......................................................................................... 22 Section 4. Rule 15c2-12 Undertaking ................................................................................. 23 ARTICLE IV Miscellaneous ........................................................................................................... 28 Section 1. Severnbility of Invalid Provisions ..................................................................... 28 Section 2. Preliminary Official Statement ......................................................................... 28 Section 3. Further Authorization ........................................................................................ 28 Section 4. Effective Date ...................................................................................................... 29 Res. No. 34-03 RESOLUTION NO. R-34-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPLEMENTING RESOLUTION NO. 39- 88, AS AMENDED AND SUPPLEMENTED, FOR THE PURPOSE OF AUTHORIZING AN EIGHTH SERIES OF WATER AND SEWER REVENUE BONDS DESIGNATED AS WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2003, IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $13,500,000 FOR THE PURPOSE OF REFUNDING, ON A CURRENT BASIS, ALL OR A PORTION OF THE CITY'S OUTSTANDING CURRENT INTEREST PAYING WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1993 A, THE CITY'S OUTSTANDING CURRENT INTEREST PAYING WATER AND SEWER REVENUE BONDS, SERIES 1993 B AND THE CITY'S OUTSTANDING WATER AND SEWER REVENUE BONDS, SUBORDINATE SERIES 1999; PROVIDING FOR THE TERMS AND PAYMENT FOR SAID BONDS; INCORPORATING BY REFERENCE THE TERMS AND PROVISIONS OF RESOLUTION NO. 39-88, AS AMENDED AND SUPPLEMENTED; PROVIDING FOR THE UNDERTAKING BY THE CITY REQUIRED BY RULE 15e2-12 OF THE SECURITIES AND EXCHANGE COMMISSION; PROVIDING FOR THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF SAID BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, a Florida municipal corporation (the "City"), is authorized by law to issue revenue bonds to finance and refinance additions, extensions and improvements to its Combined Public Utility (as defined in the herein referred to 1988 Resolution); and WHEREAS, the City Commission of the City of Delray Beach, Florida (referred to herein as the "City Commission"), did, on June 12, 1984, adopt Resolution No. 45-84, which was amended and supplemented on June 26, 1984, and October 10, 1984, authorizing the issuance of its Water and Sewer Revenue Bonds, Series 1984 (the "1984 Bonds"); and WHEREAS, the City Commission did, on June 28, 1988, adopt Resolution No. 36-88, which was amended, supplemented and restated by Resolution No. 39-88, adopted on Res. No. 34-03 July 12, 1988, as further amended and supplemented (collectively, the "1988 Resolution"), authorizing the issuance of the City's Water and Sewer Refunding Revenue Bonds, Series 1988 (the "I 988 Bonds"), to refund the City's 1984 Bonds; and WHEREAS, the City did, on September 15, 1988, issue its 1988 Bonds in the aggregate principal amount of $25,135,000; and WHEREAS, the 1988 Resolution authorizes in Section 4.G of Article III thereof, of Part I, the issuance of bonds payable on a parity with the 1988 Bonds issued pursuant to the 1988 Resolution, on the terms and conditions therein contained; and WHEREAS, the City Commission did, on April 24, 1990, adopt Resolution No. 46-90, as amended and supplemented, which authorized the issuance of $8,000,000 Water and Sewer Revenue Bonds, Series 1991 A (the "1991 A Bonds") of the City for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and WHEREAS, the City Commission did, on October 23, 1990, adopt Resolution No. 104-90, as amended and supplemented, which authorized the issuance of not exceeding $50,000,000 Water and Sewer Revenue Bonds, Series 1991 B (the "1991 B Bonds") of the City for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and WHEREAS, the City did, on April 30, 1991, issue its 1991 A Bonds and 1991 B Bonds in the aggregate principal amounts of $8,000,000 and $14,585,000, respectively; and WHEREAS, the City Commission did, on June 8, 1993, adopt Resolution No. 50-93, which authorized the issuance of not exceeding $30,000,000 Water and Sewer Refunding Res. No. 34-03 Revenue Bonds, Series 1993 A (the "1993 A Bonds") for the purpose of paying and refunding a portion of the 1988 Bonds and the 1991 A Bonds; and WHEREAS, the City Commission did, on June 8, 1993, adopt Resolution No. 51-93, which authorized the issuance of not exceeding $10,000,000 Water and Sewer Revenue Bonds, Series 1993 B (the "1993 B Bonds") for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and WHEREAS, the City did, on June 29, 1993, issue its 1993 A Bonds and 1993 B Bonds in the aggregate principal amounts of $21,238,997.35 and $6,865,477.25, respectively; and WHEREAS, the City Commission did, on August 19, 1997, adopt Resolution No. 58-97, as amended and supplemented, authorizing the issuance of its Water and Sewer Revenue Refunding Bonds, Series 1997 A, in the aggregate principal amount of not exceeding $17,000,000 to advance refund the outstanding 1991 B Bonds (the "1997 Bonds"); and WHEREAS, the City did on November 18, 1997, issue its 1997 Bonds in the aggregate principal amount of $15,030,000; and WHEREAS, the Commission did, on June 8, 1999, adopt Resolution No. 33-99, authorizing the issuance of not to exceed $3,500,000 in principal amount of Water and Sewer Bonds, Subordinate Series 1999 (the "1999 Bonds"); and WHEREAS, the City did, on June 11, 1999, issue its 1999 Bonds in the aggregate principal amount of $3,500,000; and WHEREAS, the City Commission now deems it necessary and desirable and in the best economic interest of the City to refund on, a current basis, all or a portion of the current interest paying 1993 A Bonds and 1993 B Bonds and the City's 1999 Bonds (the 1993 A Bonds x~-,.o~o~s~,4~.0~?,~ 0,~ 3 Res. No. 34-03 and the 1993 B Bonds so refimded, on a current basis, being herein referred to as the "1993 Refunded Bonds" and, together with the 1999 Bonds, the "Refunded Bonds") through the issuance of City of Delray Beach, Florida Water and Sewer Revenue Refunding Bonds, Series 2003 in the initial aggregate principal amount of THIRTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($13,500,000) (the "2003 Bonds"); and WHEREAS, the 1993 A Bonds (which are not being refunded, on a current basis, upon the issuance of the 2003 Bonds), the 1993 B Bonds (which are not being refunded, on a current basis, upon the issuance of the 2003 Bonds) and the 1997 Bonds are, collectively, called the "Prior Bonds"; and VOtEREAS, the City Commission hereby determines that the 2003 Bonds shall be on parity with the Prior Bonds as to the lien on, and source and security for payment from, the Net Revenues (as such term is defined in the 1988 Resolution) derived from the operation of the Combined Public Utility, and in all other respects, except as provided herein or in the 2003 Bonds; and WHEREAS, effective July 3, 1995, Rule 15c2-12 of the Securities and Exchange Commission, provides that it is unlawful for a broker dealer or municipal securities dealer to purchase or sell municipal securities, which includes the 2003 Bonds, unless the issuer, which includes the City, has undertaken in a written agreement (herein, the "Undertaking") io provide to specified information repositories annual financial information and operating data relevant to the municipal securities and notice of certain specified material events. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 4 Res. No. 34-03 ARTICLE I STATUTORY AUTHORITY, FINDINGS, INCORPORATION BY REFERENCE AND CERTAIN DEFINITIONS SECTION 1. Authority of this Resolution. This Resolution is adopted pursuant to the provisions of the 1988 Resolution, the City Charter of the City, as amended and supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented, and other applicable provisions of law. SECTION 2. Findings. It is hereby ascertained, determined and declared: A. That all terms not otherwise defined in the recitals set forth above, in this Section 2 or in Section 5 of this Article I shall have the meaning ascribed to such terms in Part I, Section 2 of Article 1 of the 1988 Resolution. B. That the City now owns, operates and maintains a combined water system and sewer system for the supply and distribution of water to the inhabitants and customers of the City and for the collection, treatment and disposal of sewage in said City (the "Combined Public Utility") and owns a one-half (1/2) undivided interest in a treatment and disposal system operated by the South Central Regional Wastewater Treatment and Disposal Board (herein the "Board"); and that the City derives revenues from the operation of said Combined Public Utility. C. That the revenues of the Combined Public Utility are not pledged or encumbered in any manner, except for the outstanding 1993 A Bonds, the 1993 B Bonds and the 1997 Bonds (as such terms are herein defined) issued pursuant to Resolution No. 36-88, adopted on June 28, 1988, as amended, supplemented and restated by Resolution No. 39-88, adopted on July 12, 1988, as further amended and supplemented (collectively, the "1988 Resolution"). D. That the 1988 Resolution, as supplemented by Resolution No. 46-90, adopted on April 24, 1990, as amended and supplemented (the "1991 A Resolution"), authorized ~w~I~OI'~ANl:OR. DSM22422vOg~/19/O3~I6?B70I ~20,O 5 Res. No. 34-03 the issuance of $8,000,000 Water and Sewer Revenue Bonds, Series 1991 A (the "1991 A Bonds"). E. That the 1988 Resolution, as supplemented by Resolution No. 104-90, adopted on October 23, 1990, as amended and supplemented (the "1991 B Resolution"), authorized the issuance of $50,000,000 Water and Sewer Revenue Bonds, Series 1991 B (the "1991 B Bonds"). F. That the 1988 Resolution, as supplemented by Resolution No. 50-93, adopted on June 8, 1993, as amended and supplemented (the "1993 A Resolution"), authorized the issuance of not to exceed $30,000,000 Water and Sewer Refunding Revenue Bonds (the "1993 A Bonds"). G. That the 1988 Resolution, as supplemented by Resolution No. 51-93, adopted on June 8, 1993 (the "1993 B Resolution"), authorized the issuance of not to exceed $10,000,000 Water and Sewer Revenue Bonds (the "1993 B Bonds"). H. That the 1988 Resolution, as supplemented by Resolution No. 58-97, adopted on August 19, 1997 as amended and supplemented (the "1997 Resolution") authorized the issuance of not to exceed $17,000,000 Water and Sewer Revenue Refunding Bonds, Series 1997 A (the "1997 Bonds") I. That the 1988 Resolution, the 1991 A Resolution, the 1991 B P~esolution, the 1993 A Resolution, the 1993 B Resolution and the 1997 Resolution, as such resolutions may be amended and supplemented from time to time, shall be, collectively, referred to as the "Original Resolution". Res. No. 34-03 J. That the 1988 Resolution, as supplemented by Resolution No. 33-99, adopted on June 8, 1999, authorized the issuance of $3,500,000 Water and Sewer Revenue Bonds Subordinate Series 1999 (the "1999 Bonds"). K. That the 1988 Resolution in Section 4.0 of Article III of Part I provides for the issuance of pad passu additional bonds, under the terms, conditions and limitations provided therein. L. That the 1993 A Bonds (which have not been refunded, on a current basis, upon the issuance of the 2003 Bonds), the 1993 B Bonds (which have not been refunded, on a current basis, upon the issuance of the 2003 Bonds) and the 1997 Bonds are herein referred to as the "Prior Bonds." M. That the City is authorized to issue the 2003 Bonds as pad passu additional bonds within the terms, conditions and limitations provided in Section 4.0 of Article III, Part I, of the 1988 Resolution. N. That a portion of the proceeds derived from the sale of the 2003 Bonds shail be used to pay and defease all or a portion of the current interest paying 1993 A Bonds and 1993 B Bonds (the "1993 Refunded Bonds") and the outstanding 1999 Bonds, which, together with the 1993 Refunded Bonds, are referred to as the "Refunded Bonds." O. That the estimated Revenues to be derived in each year hereafte~ from the operation of the Combined Public Utility will be sufficient at all times to pay all the costs of operation and maintenance of the Combined Public Utility and the principal of and interest on the Prior Bonds and the 2003 Bonds authorized pursuant to the Original Resolution and this Resolution, as the same become due and payable, and all sinking fund, reserve and other ? Res. No. 34-03 payments provided for in the Original Resolution and in this Resolution in accordance with the requirements of the Original Resolution and this Resolution. P. That the principal of and interest on the 2003 Bonds and all of the reserve, sinking fund and other payments provided for in the Original Resolution and this Resolution will be paid from the Net Revenues derived from the operation of the Combined Public Utility in the manner provided therein and herein, on a parity with the Prior Bonds; and the ad valorem taxing power of the City will never be necessary or authorized to pay the principal of and interest on the 2003 Bonds to be issued pursuant to this Resolution, or to make any of the reserve, sinking fund or other payments provided for in the Original Resolution and this Resolution, and the 2003 Bonds issued pursuant to this Resolution shall not constitute a lien upon the Combined Public Utility or upon any other property whatsoever of or in the City but shall be payable solely from the Net Revenues derived from the operation of the Combined Public Utility in the manner provided herein. SECTION 3. Incorporation by Reference. Unless otherwise provided herein, all the terms and provisions of the Original Resolution shall, by this reference, be incorporated herein as though fully set forth in this Resolution. SECTION 4. Original Resolution and this Resolution Constitutes Contract. In consideration of the acceptance of the 2003 Bonds authorized to be issued hereunder by those who shall hold the same from time to time, this Resolution and the Original Resolution shall be deemed to be and shall constitute a contract between the City and such Owners and the covenants and agreements herein set forth to be performed by said City shall be for the equal benefit, protection and security of the Owners of any and all of such 2003 Bonds all of which 'Gwp~K~)I'..SAN~OR, DS~422422~O'~S/19~3\I6'~? 0112GO 8 R~S. No. 34-03 shall be of equal rank and without preference, priority, or distinction of any of the 2003 Bonds over any other thereof, except as expressly provided therein and herein. SECTION 5. Certain Definitions. "Beneficial Owner" shall mean, for purposes of Article III, Section 4 of this Resolution only, any person which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any 2003 Bonds (including persons holding 2003 Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of any 2003 Bonds for federal income tax purposes. "NRMSIR" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The NRMSIRs currently approved by the Securities and Exchange Commission as of the date of adoption of this Resolution are as follows: Bloomberg Municipal Repositories 100 Business Park Drive Skillman, New Jersey 08558 Phone: (609) 279-3225 Fax: (609) 279-5962 E-mail: Munis~Bloomberg.com FT Interactive Data Attn: NRMSIR 100 William Street New York, New York 10038 Phone: (212) 771-6999 Fax: (212) 771-7390 (Secondary Market Information) (212) 771-7391 (Primary Market Information) E-mall: nnnsir~ftid.com Standard & Poor's Repository 55 Water Street, 45th Floor New York, NY 10041 Phone: (212) 438-4595 Fax: (212) 438-3975 Email: nnnsir_repository~sandp.com DPC Data Inc. One Executive Drive Fort Lee, NJ 07024 Phone: (201) 346-0701 Fax: (201) 947-0107 E-mail: nrmsir~dpcdata.com "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission (the "SEC") under the Securities Exchange Act of 1934, as the same may be amended from time to time. 9 Res. No. 34413 ARTICLE II AUTHORIZATION OF 2003 BONDS AND BOND FORM SECTION 1. Authorization of 2003 Bonds and Purpose. Subject and pursuant to the provisions of the Act, this Resolution and the Original Resolution, the City hereby authorizes its eighth series of Bonds to be issued pursuant to the terms and provisions of the Original Resolution and this Resolution to be known as "Water and Sewer Revenue Refunding Bonds, Series 2003," in the initial aggregate principal amount of not exceeding THIRTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($13,500,000) (herein referred to as the "2003 Bonds" or the "Bonds"), for the purpose of paying and defeasing all or a portion of the current interest paying 1993 A Bonds and 1993 B Bonds (such amount being herein referred to as the "1993 Refunded Bonds") and prepaying the 1999 Bonds (which 1999 Bonds, together with the 1993 Refunded Bonds, are collectively referred to as the "Refunded Bonds"). SECTION 2. Form of Series 2003 Bonds. The text of the 2003 Bonds shall be of substantially the following tenor, with such omissions, insertions and variations as may be necessary and desirable: 9]0~\16787 Ol ~2~ l 0 Res. No. 34-03 (Form of Bond)* The text of the Bonds shall be of substantially the tenor set forth below. Provisions of the Bonds may be set forth on the back of the Bonds and shall for all purposes have the same effect as if set forth on the front of the Bonds. (Face of Bond) No. R- UNITED STATES OF AMERICA STATE OF FLORIDA PALM BEACH COUNTY CITY OF DELRAY BEACH WATER AND SEWER REVENUE REFUNDING BOND SERIES 2003 Interest Maturity Dated Rate Date Date CUSIP Registered Owner: Principal Amount: KNOW ALL MEN BY THESE PRESENTS, that the City of DelraY Beach, Palm Beach County, Florida (the "City"), for value received, hereby promises to pay, from the Net Revenues and Pledged Impact Charges [if so pledged by the City], hereinafter mentio.ned, to the Registered Owner or registered assigns on the Maturity Date specified above, upon the presentation and surrender hereof at the principal corporate trust office of ., as paying agent (said and any other bank or trust company becoming successor paying agent being herein called the "Paying Agent"), the Principal Amount stated hereon with interest thereon at the Interest Rate stated above, payable on the first day of April and October of each year until the City's obligation with respect to the payment of such Principal Amount shall l~t~Ol~SA~OllDS~22422v0'~/19/03H6787 Oil200 I 1 Rcs. No. 34-03 be discharged. Interest on this Bond is payable by check or draft of the Paying Agent made payable to the registered owner and mailed to the address of the registered owner as such name and address shall appear on the registration books of the City maintained by as Registrar (said , and any other bank or trust company becoming successor registrar being herein called the "Registrar") at the close of business on the fifteenth day of the calendar month next preceding each interest payment date or the date on which the principal ora Bond is to be paid or the date of selection of Bonds to be redeemed; whether or not such fifteenth day is a Saturday, Sunday or holiday (the "Record Date"); provided further, however, that payment of interest on the Bonds may, at the option of any Holder of Bonds in an aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to the Holder to the bank account number on file with the Paying Agent as of the Record Date. Such interest shall be payable from the most recent interest payment date next preceding the date of authentication to which interest has been paid, unless the date hereof is an April 1 or October 1 to which interest has been paid, in which case from such April 1 or October 1, or unless the date hereof is prior to ., 2003, in which case from the Dated Date, or unless the date hereof is between a Record Date and the next succeeding interest payment date, in which case from such interest payment date; provided, however, that if and to the extent there is a default in the payment of the interest due on such interest payment date, such defaulted interest shall be paid to the persons in whose name Bonds are registered on the registration books of the City maintained by the Registrar at the close of business on the fifteenth day prior to a subsequent interest payment date established by notice mailed by the Registrar to the registered owner not less than the tenth day preceding such subsequent interest payment date. The Principal Amount and accrued interest '¢.~z~I~OI'~ANl:O~S~4224~2vO'/~)9/0]\I67~7.01121~0 1 2 ReS. No. 34-03 thereon is payable in any coin or currency of the United States of America, which, on the date of payment thereof, shall be legal tender for the payment of public and private debts. [THE FOLLOWING IS APPLICABLE TO ALL BONDS] This Bond is one of an authorized issue of Bonds of the City designated as its Water and Sewer Revenue Refunding Bonds, Series 2003 (herein called the "Bonds"), in the aggregate principal amount of $.__ of like date, tenor, and effect, except as to number, date of maturity and interest rate, issued for the purpose of paying and defeasing all or a portion of the City's Outstanding current interest paying 1993 A Bonds and 1993 B Bonds and the City's Outstanding 1999 Bonds (as such terms are defined in the Resolution hereinafter referred to) under the authority of and in full compliance with the Constitution, the City Charter, as amended and supplemented, and Statutes of the State of Florida, including particularly Chapter 166, Florida Statutes, as amended and supplemented and other applicable provisions of law, and resolutions duly adopted by the City Commission on June 28, 1988, July 12, 1988, April 24, 1990, October 23, 1990, April 16, 1991, June 8, 1993, August 19, 1997 and June 17, 2003, as further amended and supplemented (herein, collectively, referred to as the "Resolution"), and is subject to all the terms and conditions of the Resolution. This Bond is payable from and secured by a lien upon and pledge of the Net Revenues, as defined in the Resolution, derived from the operation of the City's Combined Public Utility, as defined in the Resolution, and the Pledged Impact Charges, as defined in the Resolution [if so pledged by the City], all in the manner provided in the Resolution. The full faith and credit of the City is not pledged for the payment of this Bond and this Bond does not constitute an indebtedness of the City within the meaning of any Constitutional, statutory or other provision or limitation; and it is expressly agreed by the Holder of this Bond that such Holder shall never have the right to require or compel the exercise of the ad valorem taxing Res. No. 34-03 power of the City for the payment of the principal of and interest on this Bond or the making of any sinking fund or reserve payments provided for in the Resolution. It is further agreed between the City and the Holder of this Bond that this Bond and the obligation evidenced thereby shall not constitute a lien upon the City's Combined Public Utility, or any part thereof, or on any other property of or in the City, but shall constitute a lien only on the Net Revenues derived from the operation of the City's Combined Public Utility and the Pledged Impact Charges [if so pledged by the City], all in the manner provided in the Resolution. The lien of the Holders of the Bonds of the issue of which this Bond is one on the Net Revenues derived from the operation of the City's Combined Public Utility and the Pledged Impact Charges [if so pledged by the City] shall rank equally with the lien on such Net Revenues of the Holders of the Prior Bonds (as such term is defined in the Resolution), issued pursuant to the Original Resolution, as defined in the Resolution, and any pad passu additional obligations hereinafter issued by the City within the terms, restrictions and limitations contained in the Original Resolution. The Holders of the Bonds of the issue of which this Bond is one and the holders of the Prior Bonds, and of the Holders of any pad passu additional obligations hereinafter issued by the City within the terms, restrictions, and limitations contained in the Original Resolution, shall jointly have a lien on the Net Revenues derived from the operation of the Combined Public Utility and the Pledged Impact Charges [if so pledged by the City], which lien shall be prior and superior to all other liens or encumbrances on such Net Revenues and Pledged Impact Charges [if so pledged by the City]. The City has covenanted in the Resolution that in each Fiscal Year it will fix, establish and maintain such rates and collect such fees, rentals or other charges for the services Res. No. 34-03 and facilities of its Combined Public Utility and revise the same from time to time whenever necessary, as will always provide in each Fiscal Year, Net Revenues which shall be adequate to pay at least one hundred ten percent (110%) of the Annual Debt Service Requirement (as defined in the Resolution) for the Prior Bonds, the Bonds and any pari passu additional Bonds hereafter issued; and that such Net Revenues shall be sufficient to make all of the payments required by the terms of the Resolution and that such rates, fees, rentals or other charges shall not be so reduced so as to be insufficient for such purposes. The original registered owner, and each successive registered owner of this Bond shall be conclusively deemed to have agreed and consented to the following terms and conditions: (1) The Registrar shall maintain the books of the City for the registration of Bonds and for the registration of transfers of Bonds as provided in the Resolution. The Bonds shall be transferable by the registered owner thereof in person or by his attorney duly authorized in writing only upon the books of the City maintained by the Registrar and only upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his duly authorized attorney. Upon the transfer of any such Bond, the City shall issue in the name of the transferee a new Bond or Bonds. (2) The City, the Paying Agent and the Registrar shall deem and treat the person in whose name any Bond shall be registered upon the books kept by the Registrar as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond as the same becomes due, and for all other purposes. All such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the ~'~w!t~lt~Ol'~ANtORD~42~.422'.O'/~llg~3~ 1678 ?.011200 1 6 Res. No. 344)3 extent of the sum or sums so paid, and neither the City, the Paying Agent, nor the Registrar shall be affected by any notice to the contrary. (3) At the option of the registered owner thereof and upon surrender hereof at the principal corporate trust office of the Regism~r with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his duly authorized attorney and upon payment by such registered owner of any charges which the Registrar or the City may make as provided in the Resolution, the Bonds may be exchanged for Bonds of the same interest rote and maturity of any other authorized denominations. (4) In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the City shall execute and the Registrar shall authenticate and deliver Bonds in accordance with the provisions of the Resolution. There shall be no charge for any such exchange or transfer of Bonds, but the City or the Registrar may require payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. Neither the City nor the Registrar shall be required (a) to transfer or exchange Bonds during the period from and including the Record Date for an interest payment date to and including such interest payment date on such Bonds or 15 days next preceding any selection of Bonds to be redeemed or thereafter until after the mailing of any notice of redemption; or Co) to transfer or exchange any Bonds called for redemption. However, if less than all of a Bond is redeemed or defeased, the City shall execute and the Registrar shall authenticate and deliver, upon the surrender of such Bond, without charge to the Bondholder, for the unpaid balance of the principal amount of such Bond so surre~dered, a registered Bond in the appropriate denomination and interest rate. 1200 ] 7 Res. No. 34-03 This Bond shall not be valid or obligatory for any purpose until the certificate of authentication set forth hereon shall have been duly executed by the Registrar. It is hereby certified and recited that all acts, conditions and things required to exist, to happen, and to be performed, precedent to and in the issuance of this Bond exist, have happened and have been performed in regular and due form and time as required by the Laws and Constitution of the State of Florida applicable thereto, and that the issuance of this Bond, and of the issue of Bonds of which this Bond is one, is in full compliance with all constitutional or statutory limitations or provisions. IN WITNESS WHEREOF, the City of Delray Beach, Florida, has issued this Bond and has caused the same to be executed by the manual or facsimile signature of its Mayor and the corporate seal of the City to be affixed hereto or lithographed or imprinted or reproduced hereon, and attested by the manual or facsimile signature of the City Clerk of the City, all as of the Dated Date. (SEAL) Atte~: CITY OF DELRAY BEACH, FLORIDA By. Mayor City Clerk ~,.~,,.~,~,~o~::4:..~,~,9~o3,67,, o.:~ 18 Res. No. 34-03 (FORM OF CERTIFICATE OF AUTHENTICATION) Date of Authentication: This Bond is one of the Bonds delivered pursuant to the within mentioned Resolution. as Registrar By: Authorized Officer ~,Xw!~e-~Ol~SANI~ORDS~22422~O'A~/tg~3X16'/S'/011200 19 Res. No. 34-03 ASSIGNMENT AND TRANSFER FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto (please print or typewrite name and address of transferee) the within bond and all fights thereunder, and hereby irrevocably constitutes and appoints Attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: In the presence of: [STATEMENT OF INSURANCE] *~*-~o~*~o~osa~m2~o~w~om,?,m nco 20 Res. No. 34-03 ARTICLE HI TERMS AND DETAILS OF SERIES 2003 BONDS, APPLICATION OF SERIES 2003 BOND PROCEEDS AND ADDITIONAL COVENANTS. SECTION 1. Term and Details of Series 2003 Bonds. The terms and details of the 2003 Bonds, including but not limited to the principal mount, interest rates, maturity dates and redemption provisions, shall be determined by subsequent proceedings of the City Commission. SECTION 2. Application of 2003 Bond Proceeds. All moneys received by the City from the sale of the Series 2003 Bonds authorized and issued pursuant to this Resolution and the Original Resolution, shall be disbursed as follows: A. The accrued interest, if any, derived from the sale of the 2003 Bonds shall be deposited in the Interest Account, created and established under the 1988 Resolution and continued and maintained under the Original Resolution, and used for the purpose of paying interest on the 2003 Bonds as the same becomes due and payable. B. From the proceeds of the 2003 Bonds there may be deposited in the Debt Service Reserve Account, created and established under the 1988 Resolution and continued and maintained under the Original Resolution, such amount as shall be determined by subsequent proceedings of the City Commission, but which amount shall not exceed the Debt Service Reserve Requirement for the 2003 Bonds. C. From the proceeds of the 2003 Bonds, an amount which, together with other moneys lawfully available therefor (such amounts to be determined by the Finance Director and City Manager) shall be deposited in an escrow deposit trust fund to be held by a bank or trust company, as escrow trustee, under the terms and provisions of an escrow deposit agreement with such escrow trustee (herein, the "Escrow Deposit Agreement"), and such Res. No. 34-03 proceeds shall be held irrevocably in trust in the escrow deposit trust fund under the terms and provisions of the Escrow Deposit Agreement; such moneys shall be invested at the time of deposit in U. S. Obligations, which are not callable prior to maturity except by the holder thereof, the principal and interest of which shall be sufficient to pay the principal of, redemption premium, if any, and interest on the 1993 Refunded Bonds as the same mature and become due and payable or are redeemed prior to maturity, all as provided in the Escrow Deposit Agreement. D. From the proceeds of the 2003 Bonds, an amount necessary to prepay the principal and accrued and unpaid interest on the 1999 Bonds. E. From the balance of the proceeds of the 2003 Bonds or other legally available sources of the City, the City shall pay the costs of issuing the 2003 Bonds including, but not limited to, payment of the premiums or fees for a Bond Insurance Policy and Reserve Account Credit Facility Substitute, if any. SECTION 3. Covenants of the City. The City hereby covenants to comply with the terms and provisions of Part I, Section 4.G of Article III, of the 1988. Resolution, as certified by the City in writing and delivered to the Registrar and Bond Insurer, if any, prior to the issuance of the 2003 Bonds. In addition, the City reaffirms and acknowledges that all of the covenants set forth in the Original Resolution applicable thereto, apply to the 2003 Bonds authorized to be issued pursuant to this Resolution. The Combined Public Utility Revenue Fund, the Water and Sewer Sinking Fund, the Water and Sewer System Renewal, Replacement and Improvement Fund and the Pledged Impact Fund, all created and established under the 1988 Resolution, and the separate accounts therein shall be continued and maintained as provided in the 1988 Resolution as long as any of the 2003 Bonds, issued pursuant to the terms and provisions of the Original Resolution and this ~-~^~o~22422~t~9,o~,87o~oo 22 Res. No. 34-03 Resolution, are Outstanding; and the payments required to be made from the Revenue Fund into the Interest Account, Principal Account, Bond Redemption Account, and, to the extent not funded from the 2003 Bond proceeds or covered by a Reserve Account Credit Facility Substitute, the Debt Service Reserve Account, shall be adjusted so as to provide the mounts necessary to pay the principal of and interest on the 2003 Bonds issued pursuant to this Resolution, in the amounts, at the times and in the manner provided in the 1988 Resolution and this Resolution. The City will continue to pay into the Water and Sewer System Renewal, Replacement and Improvement Fund and Pledged Impact Charge Fund, if applicable, from the Revenue Fund as long as any of the 2003 Bonds issued pursuant to the terms and provisions of this Resolution and the Original Resolution, or interest thereon, are Outstanding and unpaid, the amounts required to be deposited therein pursuant to, and in the manner provided in the 1988 Resolution and the moneys in the Pledge Impact Charge Fund, if any, and the Water and Sewer System Renewal, Replacement and Improvement Fund shall be used only for the purposes provided for in the 1988 Resolution for such funds. SECTION 4. Rule 15e2-12 Undertaking. That in order to assist the initial purchasers of the 2003 Bonds with respect to compliance with the Rule, the City undertakes and agrees to provide the information described below to the persons so indicated. The City's Undertaking set forth in this Section 4 shall be for the benefit of the registered owners and Beneficial Owners of the 2003 Bonds. A. The City undertakes and agrees to provide to each NRMSIR and to the State of Florida information depository (herein, the "SID') if and when such a SID is created (i) the City's general purpose financial statements generally consistent with the financial statements ~W~I~OILSAN~ORDS~422422'~O'~5/19/~3~I6757 011200 23 Res. No. 34-03 presented in the official statement relating to the 2003 Bonds (herein the "Official Statement"), and (ii) the information concerning the Combined Public Utility set forth in the Official Statement under the headings "Top Ten Users of the Combined Public Utility" and "Rates and Charges" (but only if the rates and charges of the Combined Public Utility are reduced below the rates and charges in effect on the date of issuance of the 2003 Bonds). The information referred to in clauses (i) and (ii) is herein collectively referred to as the "Annual Information." B. The Annual Information described in clause (i) of paragraph A above in audited form (for as long as the City provides such financial information in audited form) is expected to be available on or before March 31 of each year for the fiscal year ending on the preceding September 30. The Annual Information referred to in clause (i) of paragraph A above in unaudited form (if the audited financial statements are not available or if the City no longer provides such financial information in audited form) will be available on or before March 31 for the fiscal year ending on the preceding September 30. The City also agrees to provide the Annual Information to each registered owner and Beneficial Owner of the 2003 Bonds who request such information and pays to the City its costs of reproduction and transmission of such Annual Information. The City agrees to provide to each NRMSIR and the SID, if any, timely notice of its failure to provide the Annual Information. Such notice shall also indicate the reason for such failure and when the City reasonably expects such Annual Information will be available. C. The Annual Information referred to in clause (i) of paragraph A above and presented as an appendix to the Official Statement has been prepared in accordance with governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time, as such principles are modified by generally accepted accounting principles, promulgated by the Financial Accounting Standards Board, as in effect 24 Res. No. 34-03 from time to time, and such other State of Florida mandated accounting principles as in effect from time to time. D. If, as authorized by paragraph F below, the City's Undertaking with respect to paragraph C above requires amending, the City undertakes and agrees that the Annual Information described in clause (i) of paragraph A above for the Fiscal Year in which the amendment is made will, to the extent possible, present a comparison between the Annual Information prepared on the basis of the new accounting principles and the Annual Information prepared on the basis of the accounting principles dascfibed in paragraph C above. The City agrees that such a comparison will, to the extent possible, include a qualitative discussion of the differences in the accounting principles and the impact of the change on the presentation of the Annual Information. E. The City undertakes and agrees to provide, in a timely manner, to each NRMSIR or to the Municipal Securities Rulemaking Board and to the SID, if any, notice of the occurrence of any of the following events with respect to the 2003 Bonds, if material: (1) principal and interest payment delinquencies; (2) non-payment related defaults; (3) unscheduled draws on any reserve account reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions or events affecting the mx-exempt status of the 2003 Bonds; (7) modifications to rights of Bondholders; x~,,,C,,-,~o~s~wo~t>sa.m22~o~w~m6momoo 25 Res. No. 344)3 Notwithstanding the above need not be given any owners of the 2003 Bonds. (8) Bond calls (other than scheduled mandatory sinking fund redemptions); (9) defeasances of the 2003 Bonds; (10) release, substitution, or sale of property securing repayment of the 2003 Bonds; (1 I) rating changes; and (12) failure of the City to comply with any provision of its Undertaking, which in all cases shall be deemed material. foregoing, notice of the events described in clauses (8) and (9) earlier than the time notice is required to be given to the registered F. Notwithstanding any other provision of this Resolution to the contrary regarding amendments or supplements, the City undertakes and agrees to amend and/or supplement this Section 4 (including the amendments referred to in paragraph D above) only if: (1) The amendment or supplement is made only in connection with a change in circumstances existing at the time the 2003 Bonds were originally issued that arises from (i) a change in law, (ii) SEC pronouncements or interpretations, (iii) a judicial decision affecting the Rule or (iv) a change in the nature of the City's operations of the Combined Public Utility; (2) The City's Undertaking, as amended, would have complied with the requirements of the Rule at the time the 2003 Bonds were originally issued after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and ~.~o~,~o~s~n422~o~,~6,,7 o~2oo 26 Res. No. 34-03 (3) The amendment or supplement does not materially impair the interests of the registered owners and Beneficial Owners of the 2003 Bonds as determined by Bond Counsel or by a majority of the registered owners of the 2003 Bonds. In the event of an amendment or supplement under this Section 4, the City shall describe the same in the next report of Annual Information and shall include, as applicable, a narrative explanation of the reason for the amendment or supplement and its impact, if any, on the financial information and operating data being presented in the Annual Information. G. The City's Undertaking as set forth in this Section 4 shall terminate if and when the 2003 Bonds are paid or deemed paid within the meaning of the 1988 Resolution. H. The City acknowledges that its Undertaking pursuant to the Rule set forth in this Section 4 is intended to be for the benefit of the registered holders and Beneficial Owners of the 2003 Bonds and shall be enforceable by such holders and Beneficial Owners; provided that, the holder's and Beneficial Owners' right to enforce the provisions of this Undertaking shall be limited to a right to obtain specific enforcement of the City's obligations hereunder, and any failure by the City to comply with the provisions of this Undertaking shall not be or constitute a covenant or monetary default with respect to the 2003 Bonds under this Resolution. I. The City reserves the right to satisfy its obligations under this Section 4 through agents; and the City may appoint such agents without the necessity of amending this Resolution. The City may also appoint one or more employees of the City or employees of the Financing Department to monitor and be responsible for the City's Undertaking hereunder. ~x,.,~-~o~s^~o~s~22422~o~o~n~ o~noo 27 Res. No. 34-03 ARTICLE IV MISCELLANEOUS SECTION 1. Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invaiid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of this Resolution or of the 2003 Bonds. SECTION 2. Preliminary Official Statement. The City is hereby authorized to distribute a preliminary official statement in connection with the 2003 Bonds, including the electronic distribution thereof. Prior to such distribution, the Mayor, City Manager, Finance Director or Treasurer is each hereby authorized to deem such preliminary official statement relating to the 2003 Bonds "final" within thc meaning of the Rule as of its date, except for certain "permitted omissions" as defined therein. SECTION 3. Further Authorization.. The Mayor, Vice Mayor, City Manager, Finance Director, Treasurer, and City Clerk, and other proper officers of thc City are, and each of them is hereby authorized and directed to execute and deliver any and all documents and instromcnts and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. *~'~w~s~01LSANFORDS~422422~OT~/19~,I6~?.0[ 1200 28 R~S. No. 34-03 SECTION 4. Effective Date. This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 17th day of June, 2003. [SEAL] CITY OF DELRAY BEACH, FLORIDA By. Attest: Mayor City Clerk The foregoing resolution and the form of Bonds therein contained are hereby approved by me as to form, language and execution this the 17t~ day of June, 2003. City Attorney 29 Res. No. 34-03 RESOLUTION NO. R-35-03 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE NEGOTIATED SALE OF CITY OF DELRAY BEACH, FLORIDA, WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2003, IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $13,500,000 FOR THE PURPOSE OF PAYING AND DEFEASING ALL OR A PORTION OF THE CITY'S CURRENT INTEREST PAYING WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1993 A, ALL OR A PORTION OF ITS CURRENT INTEREST PAYING WATER AND SEWER REVENUE BONDS, SERIES 1993 B AND ALL OF ITS WATER AND SEWER REVENUE BONDS, SUBORDINATE SERIES 1999 (COLLECTIVELy, THE "REFUNDED BONDS"); DETERMINING CERTAIN DETAILS OF SAID BONDS; APPOINTING THE UNDERWRITER; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT TO EFFECT THE NEGOTIATED SALE OF THE BONDS AND SETTING THE PARAMETERS BY WHICH THE MAYOR OR VICE MAYOR SHALL BE AUTHORIZED TO EXECUTE AND DELIVER THE BOND PURCHASE AGREEMENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN OFFICIAL STATE- MENT IN CONNECTION WITH THE OFFERING AND SALE OF THE BONDS AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND THE OFFICIAL STATEMENT BY THE UNDERWRITER; APPOINTING A PAYING AGENT; APPOINTING A REGISTRAR; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AND PAYING AGENT AGREEMENT; PROVIDING FOR A FINANCIAL GUARANTY INSURANCE POLICY FOR THE BONDS TO BE PROVIDED BY AMBAC ASSURANCE CORPORATION, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A GUARANTY AGREEMENT IN CONNECTION WITH THE ISSUANCE OF A SURETY BOND BY AMBAC ASSURANCE CORPORATION; AUTHORIZING CERTAIN CHANGES AND MODIFICATIONS TO THE BOND RESOLUTION IN CONNECTION WITH, AND AS A CONDITION OF, OBTAINING SUCH FINANCIAL GUARANTY INSURANCE POLICY AND SURETY BOND; APPOINTING AN ESCROW AGENT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE BONDS TO BE REGISTERED UNDER A BOOK-ENTRY ONLY SYSTEM OF REGISTRATION; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR Res. No. 35-03 ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, a municipal corporation of thc State of Florida (the "City"), presently owns and operates its own potable water and sanitary sewer system (herein, the "Combined Public Utility"); and WHEREAS, the City Commission of the City of Delray Beach, Florida (the "Commission"), did, on June 12, 1984, adopt Resolution No. 45-84, which was amended and supplemented on June 26, 1984, and October 10, 1984, authorizing the issuance of its Water and Sewer Revenue Bonds, Series 1984 (the "1984 Bonds"); and WHEREAS, the Commission did, on June 28, 1988, adopt Resolution No. 36-88, which was amended, supplemented and restated by Resolution No. 39-88, adopted on July 12, 1988, as further amended and supplemented (collectively, the "1988 Resolution"), authorizing the issuance of the City's Water and Sewer Refunding Revenue Bonds, Series 1988 (the "1988 Bonds"), to refund the City's 1984 Bonds; and WHEREAS, thc City did, on September t$, 1988, issue its 1988 Bonds in the aggregate principal amount of $25,135,000; and WHEREAS, the 1988 Resolution authorizes in Section 4.(] of Article III thereof, of Part I, the issuance of bonds payable on a parity with the 1988 Bonds issued pursuant to thc 1988 Resolution, on the terms and conditions therein contained; and WHEREAS, the Commission did, on April 24, 1990, adopt Resolution No. 46-90, as amended and supplemented, which authorized the issuance of $8,000,000 Water and Sewer Revenue Bonds, Series 1991 A (the "1991 A Bonds") of the City for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and Res. No, 35-03 WHEREAS, the Commission did, on October 23, 1990, adopt Resolution No. 104-90, as amended and supplemented, which authorized the issuance of not exceeding $50,000,000 Water and Sewer Revenue Bonds, Series 1991 B (the "1991 B Bonds") of the City for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and WHEREAS, the City did, on April 30, 1991, issue its 1991 A Bonds and 1991 B Bonds in the aggregate principal amounts of $8,000,000 and $14,585,000, respectively; and WHEREASl the Commission did, on June 8, 1993, adopt Resolution No. 50-93, which authorized the issuance of not exceeding $30,000,000 Water and Sewer Refunding Revenue Bonds, Series 1993 A (the "1993 A Bonds") for the purpose of paying and refunding a portion of the 1988 Bonds and the 1991 A Bonds; and WHEREAS, the Commission did, on June 8, 1993, adopt Resolution No. 51-93, which authorized the issuance of not exceeding $10,000,000 Water and Sewer Revenue Bonds, Series 1993 B (the "1993 B Bonds") for the purpose of financing certain additions, extensions and improvements to the City's Combined Public Utility; and WHEREAS, the City did, on June 29, 1993, issue its 1993 A Bonds and 1993 B Bonds in the aggregate principal amounts of $21,238,997.35 and $6,865,477.25, respectively; and WHEREAS, the Commission did, on August 19, 1997, adopt Resolution No. 58-97, as amended and supplemented, authorizing the issuance of its Water and Sewer Revenue Refunding Bonds, Series 1997 A (the "1997 Bonds"), in the aggregate principal amount of not exceeding $17,000,000 to advance refund the outstanding 1991 B Bonds; and ~,,~,-,~o~,s^~o~s~4=~?,~s,~,~s~s? o~.~o 3 Res. No. 35-03 VOIEREAS, the City did on November 18, 1997, issue its 1997 Bonds in the aggregate principal amount of $15,030,000; and WHEREAS, the Commission did, on June 8, 1999, adopt Resolmion No. 33-99, authorizing the issuance of not to exceed $3,500,000 in principal amount of Water and Sewer Bonds, Subordinate Series 1999 (the "1999 Bonds"); and ~I-IEREAS, the City did, on June 11, 1999, issue its 1999 Bonds in the aggregate principal amount of $3,500,000; and WHEREAS, the 1999 Bonds and the accrued interest thereon will be prepaid by the City on or aborn the date the Bonds (as defined below) are issued; and WHEREAS, on this date the Commission adopted Resolution No. 34-03 (the "2003 Series Resolution") authorizing not exceeding in initial principal amount $13,500,000 of City of Delray Beach, Florida Water and Sewer Revenue Refunding Bonds, Series 2003 (the "2003 Bonds" or the "Bonds") to pay and defease the Refunded Bonds (as hereinafier defined); and WHEREAS, the 1988 Resolution and the 2003 Series Resolution provide that certain details of the 2003 Bonds and certain other provisions of the 1988 Resolution and the 2003 Series Resolution shall be determined by subsequent proceedings of the City, which shall be deemed to be supplemental to the 1988 Resolution and the 2003 Series Resolution; ~nd WHEREAS, the outstanding current interest paying 1993 A Bonds and the outstanding current interest paying 1993 B Bonds to be paid and defeased with a portion of the proceeds of the 2003 Bonds are collectively referred to as the "1993 Refunded Bonds" and, together with the outstanding 1999 Bonds, the "Refunded Bonds"; and '~[l~°~'v01~SANFORDS~42243?vO~6~6~3~'I6757'011200 4 Res. No. 35-03 WHEREAS, in connection with the payment and defeasance of the 1993 Refunded Bonds, the City will enter into that certain Escrow Deposit Agreement, expected to be dated as of July 1, 2003, with Wells Fargo Bank, National Association, as escrow agent (the "Escrow Agent") in substantially the form attached hereto as Exhibit A (herein, the "Escrow Agreement"); and WHEREAS, subject to the terms and conditions of this Resolution, the City will enter into a Bond Purchase Agreement with Bear, Stearns & Co. Inc., hereby designated by the Commission to be the underwriter of the Bonds (herein the "Underwriter"), setting forth the terms and conditions of the City's agreement to sell and the Underwriter's agreement to purchase the Bonds, in substantially the form attached hereto as Exhibit B (herein, the "Purchase Contract"); and WHEREAS, based upon current market conditions, the complex nature of the financing, the need to issue the Bonds upon the most favorable market conditions and the advice of the City's financial advisor, the Commission hereby finds it is necessary and advisable to negotiate the sale of the Bonds; and WHEREAS, the Commission hereby deten-nines that it is in the best interest of the City to accept the Purchase Contract and to award the Bonds to the Underwriter pursuant to a negotiated sale and pursuant to the parameters set forth in Section 8 herein; and WHEREAS, the City will be, prior to the execution of the Purchase Contract, provided by the Underwriter with the disclosure statements required by Section 218.385, Florida Statutes, a copy of which is attached as an exhibit to the Purchase Contract; and WHEREAS, there have been also prepared and submitted to the Commission a draft Preliminary Official Statement, attached hereto as Exhibit C. [~O-l~OILSAN~ORDSM22437vOr9~6/6~l~I6787011200 5 Res. No. 35-03 WHEREAS, the City's financial advisor has recommended in a letter, attached hereto as Exhibit D, that the principal and interest on the Bonds be insured by a Financial Guaranty Insurance Policy (the "Bond Insurance Policy") to be issued by Ambae Assurance Corporation, a Wisconsin domiciled stock insurance company or any successor thereto (the "Bond Insurer") and that in lieu of any required deposits into the Debt Service Reserve Account for the Bonds, a Reserve Account Credit Facility Substitute, in the form of a surety bond to be issued by the Bond Insurer (the "Reserve Policy") will be provided with the coverage which will be equal to the Debt Service Reserve Requirement for the Bonds as evidenced by the commitment of the Bond Insurer attached hereto as Exhibit E (the "Commitment"); and WHEREAS, the Commission has been advised that as a condition for the City to receive the Reserve Policy from the Bond Insurer, it is necessary for the City to enter into an Guaranty Agreement with the Bond Insurer, the form of which is attached hereto as Exhibit F; and WHEREAS, the Commission hereby adopts the recommendations of the City's financial advisor regarding the Bond Insurance Policy and the Reserve Policy; and WHEREAS, as a condition of obtaining the Bond Insurance Policy and Reserve Policy, for the Bonds, the Commission has been advised that it will be necessary to amend and/or supplement the Bond Resolution with respect to the 2003 Bonds and the Commissil~n hereby determines to make such amendments and supplements to obtain the Bond Insurance Policy and Reserve Policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Y~w~I~SANFOI~DS~42243?v0~0~]S?I? 01 I~00 6 Res. No. 35-03 SECTION I. AUTHORITY OF THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the 1988. Resolution, the 2003 Series Resolution, the City Charter of the City, as amended and supplemented, the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented, and other applicable provisions of law. SECTION 2. DEFINITIONS. That all capitalized terms used in this Resolution not otherwise defined shall have the meanings ascribed to such terms in the 2003 Series Resolution, unless the context clearly indicates otherwise. SECTION 3. PURPOSE AND BOND DESIGNATION. That the City hereby determines at this time (i) to issue not exceeding THIRTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($13,500,000) in the initial aggregate principal amount of its Bonds for the purpose of (a) paying and defeasing the Refunded Bonds, (b) to pay the costs of issuance of the Bonds, including paying the premium for the Bond Insurance Policy and the Reserve Policy, and (ii) to designate such Bonds as its "Water and Sewer Revenue Refunding Bonds, Series 2003." SECTION 4. TERMS AND DETAILS OF BONDS. The terms and details of the Bonds, including but not limited to the principal amounts, interest rates, maturity dates and redemption provisions, shall be determined by the Mayor or Vice Mayor in accordance with the parameters set forth in Section 9 herein. SECTION 5. APPLICATION OF BOND PROCEEDS. All moneys received by the City fi.om the sale of the Bonds originally authorized and issued pursuant to the 1988 Resolution, the 2003 Series Resolution and this Resolution, shall be disbursed as follows: A. The accrued interest, if any, derived fi.om the sale of the Bonds shall be deposited into the Interest Account, created and established under the 1988 Resolution and 7 Res. No. 35-03 continued under the 2003 Series Resolution, and used for the purpose of paying interest on the Bonds as the same becomes due and payable. B. If the Debt Service Reserve Requirement for the Bonds is not satisfied with the provision of the Reserve Policy from the proceeds of the Bonds, there shall be deposited in the 2003 Debt Service Reserve Sub-Account, hereby created and established, such amount which shall be equal to the Debt Service Reserve Requirement for the Bonds. C. From the proceeds of the Bonds an amount, which, together with any other moneys lawfully available' therefor, including moneys and investments transferred from the funds and accounts created and established by the proceedings authorizing the issuance of the Refunded Bonds, shall be deposited in an escrow deposit trust fund to be held by the Escrow Agent (as herein defined) under the terms and provisions of the Escrow Agreement; such proceeds shall be held irrevocably in trust in the escrow deposit trust fund under the terms and provisions of the Escrow Agreement; such moneys shall be invested at the time of deposit in U.S. Obligations which are not callable prior to maturity except by the holder thereof, the principal and interest of which shall be sufficient to pay the principal of and interest on the Refunded Bonds as the same mature and become due and payable or are deemed prior to maturity as provided in the Escrow Agreement. D. From the proceeds of the Bonds an amount, with which, togethek with any other moneys lawfully available therefor, the City shall prepay the 1999 Bonds in whole and any unpaid accrued interest thereon. E. The balance of the proceeds derived from the sale of the Bonds shall be applied to pay the costs of issuing the Bonds, including, but not limited to, payment of the premium for the Bond Insurance Policy and premium for the Reserve Policy. x~,n~-,,~o~SA~O~Sa=,43?,o~wm3uaam s2~o 8 Res. No. 35..03 The City is hereby authorized to permit the Underwriter to pay directly to the Bond Insurer, from the proceeds of the Bonds, the cost of the Bond Insurance Policy and Reserve Policy. If, for any reason, any of the moneys allocated to pay the costs of issuing the 2003 Bonds are not necessary for or are not applied to pay the costs of issuing the 2003 Bonds, then such surplus proceeds shall be deposited in the following order: First, to the 2003 Debt Service Reserve Sub-Account in the Sinking Fund herein created and establisbed, to the full extent necessary, either to reinstate the Reserve Account Credit Facility Substitute on deposit therein, including, but not limited to, the Reserve Policy, if applicable, or to deposit additional moneys so that such deposit, together with such moneys already on deposit therein, equals the Debt Service Reserve Requirement for the Bonds; Second, to the Interest Account, Principal Account or Bond Redemption Account in the Sinking Fund in the amounts, if any, determined by subsequent proceedings of the Commission; and Third, the balance, if any, is to be used by the City for any lawful municipal purpose. SECTION 6. REDEMPTION PROVISIONS. The Bonds are not subject to optional redemption prior to maturity. SECTION 7. NEGOTIATED SALE. That the City hereby finds that, due to the complicated nature of the financing, volatile market conditions, the need to issue the Bonds upon the most favorable market conditions and the advice of its financial advisor that it would be in the best interest of the City that the Bonds be sold on a negotiated basis. Res. No. 35-03 SECTION 8. APPOINTMENT OF UNDERWRITER. That the City hereby appoints Bear, Steams & Co. Inc. as the Underwriter of the Bonds pursuant to the terms and provisions of the Purchase Contract. SECTION 9. PARAMETERS FOR THE SALE OF THE BONDS. That the proposal submitted by the Underwriter offering to purchase the Bonds at a purchase price for the Bonds established pursuant to the parameters set forth below and on the terms and conditions set forth in the Purchase Contract (substantially in the form attached hereto as Exhibit B), is hereby approved and adopted by the City. Subject to the last sentence of this Section 9, the Mayor (or, in his absence, the Vice Mayor) is hereby authorized to execute and deliver on behalf of the City, and the City Clerk is hereby authorized (if so required) to affix the Seal of the City and attest to the execution of the Purchase Contract in substantially the form presented at this meeting. The disclosure statements and truth-in-bonding statements of the Underwriter, as required by Section 218.385 of the Florida Statutes, to be delivered to the City prior to the execution of the Purchase Contract, a form of which is attached as an exhibit to the Purchase Contract, will be entered into the official records oftbe City as part of the Purchase Contract. The Purchase Contract, when in final form as determined by the City Attorney and Bond Counsel, may be executed by the City without further action of the City, provided the City's financial advisor confirms in writing to the Finance Director, or in his absence, the Treasurer of the City that (i) the true interest cost on the Bonds does not exceed three and three-fourths percent (3.75%) per annum, (ii) the underwriting discount (exclusive of any original issue discount or original issue premium) is not greater than $6.00 per $1,000 of the original principal amount oftbe Bonds, (iii) the initial principal amount of Bonds sold thereunder does not exceed the principal amount authorized under this Resolution, (iv) the final maturity of the Bonds does not extend beyond October 1, 2008, and (v) the net ~P~'~0~XSA~OeOS~'U4~3X~6?S? Oln~O 10 Res. No. 35-03 present value savings for paying and defeasing the Refunded Bonds shall not be less than two and one-half percent (2.50%). The final terms and provisions of the Bonds as are reflected in the final Official Statement relating to the Bonds, shall be affixed as an exhibit to this Resolution and entered into the records of the Commission. SECTION 10. PRELIMINARY AND OFFICIAL STATEMENT. That the form of the Preliminary Official Statement in substantially the form attached bereto as Exhibit C with such changes as shall be approved by the Mayor or the City Manager and the City's Bond Counsel, be and the same is hereby approved, and the Commission hereby approves the use of thc final printed Official Statement by the Underwriter in connection with the offering and sale of the Bonds in substantially the same form as the attached Preliminary Offici'al Statement. The Commission hereby further approves the use by the Underwriter of any supplement or amendment to the Official Statement which is necessary so that the Official Statement does not include any untrue statement of a material fact and does not omit to state any material fact necessary to make the statements therein not misleading. The Mayor (or, in his absence, the Vice Mayor) is each hereby authorized and directed to execute the Official Statement and any amendment or supplement thereto, in the name and on behalf of the City, and thereupon to cause thc Official Statement and any such amendment or supplement to be delivered to the Ufiderwfiter with such approval to be conclusively evidenced by his execution and delivery thereof. The Underwriter is hereby authorized to distribute and use the Preliminary Official Statement in connection with thc marketing of the Bonds. The Mayor, the Vice Mayor, the City Manager, the Director of Finance and the Treasurer are each authorized to execute a certificate deeming the Preliminary Official Statement "final" within the meaning of the Rule. Notwithstanding the 1200 11 Res. No. 35-03 foregoing, the Official Statement with respect to the Bonds shall not be executed prior to the date the Purchase Contract, is executed in the manner contemplated in Section 9 herein and the form thereof is approved by Bond Counsel and the City Attorney. SECTION 11. PAYING AGENT AND REGISTRAR. That Wells Fargo Bank, National Association, having its designated corporate trust office in Coral Springs, Florida, is hereby appointed as paying agent (the "Paying Agent") and registrar (the "Registrar") for the Bonds. By the acceptance of such appointment, Wells Fargo Bank, National Association agrees to comply with the terms of the Paying Agent/Registrar Agreement (as herein defined), the 1988 Resolution, the 2003 Series Resolution, this Resolution, the Bond Insurance Policy and the Reserve Policy applicable to it. The Paying Agent and Registrar agree to provide to the Bond Insurer copies of all notices and reports relating to the City or the Bonds received by it or which either is required to be sent to the City or the registered owners of the Bonds. SECTION 12. BOOK ENTRY BONDS. That the Commission hereby determines that the registration of the Bonds be by the Book Entry System of registration. SECTION 13. APPOINTMENT OF ESCROW AGENT. That Wells Fargo Bank, National Association, having its designated corporate trust office in Coral Springs, Florida, is hereby as Escrow Agent under the Escrow Agreement. SECTION 14. APPROVAL AND EXECUTION OF THE ESCROW AGREEMENT. That the form of the Escrow Deposit Agreement (the "Escrow Agreement") expected to be dated as of July 1, 2003, by and between the City and the Escrow Agent, and in substantially the form presented at this meeting (and attached hereto as Exhibit A) is hereby approved, subject to and with such changes therein as shall be approved by the Mayor (or in his absence, the Vice Mayor), such approval to be evidenced conclusively by the execution of said Res. No. 35-03 Escrow Agreement; either the Mayor or the Vice Mayor of the City is hereby authorized and directed on behalf of the City to execute and deliver said Escrow Agreement; that the City Clerk hereby is authorized, on behalf of the City, to attest and impress the seal of the City on, said Escrow Agreement; and that said officers and all other officers of the City are hereby authorized and directed to carry out or cause to be carried out all obligations of the City under said Escrow Agmement. SECTION 15. BOND INSURANCE POLICY AND RESERVE POLICY. That, based on the recommendations of the City's financial advisor, set forth in a letter attached hereto as Exhibit D with respect to the Bonds, the Commission finds that obtaining the Bond Insurance Policy and Reserve Policy fi.om the Bond Insurer is in the best interests of the City, and the Commission hereby directs that the premium due on the Bond Insurance Policy and the Reserve Policy be paid in accordance with the terms thereof. The City covenants to comply with the terms and provisions of the Bond Insurer's Commitment attached hereto as Exhibit E to provide the Bond Insurance Policy and Reserve Policy and covenants to comply with the payment procedures with respect to the Bond Insurance Policy, all as set forth in Section 18 hereof. SECTION 16. GUARANTY AGREEMENT. That the form, terms and provisions of the Guaranty Agreement between the City and substantially in the form attached hereto as Exhibit F, as submitted to this meeting, be and the same are hereby approved and accepted. The Mayor of the City or, in his absence, the Vice Mayor, is bemby authorized and directed to execute and deliver the Guaranty Agreement on behalf of the City in substantially the form submitted to this meeting, with such changes, insertions and deletions thereto as are necessary or desirable for carrying out the purposes thereof as may be approved by the City ~,~,~O~SA~O~OS~*~*~0m*?*? 0m00 13 Res. No. 354)3 Attorney and Bond Counsel, the execution of said Guaranty Agreement being conclusive evidence of such approval. SECTION 17. APPROVAL AND EXECUTION OF THE PAYING AGENT/REGISTRAR AGREEMENT. That the form of the Paying Agent/Registrar Agreement (the "Paying Agent/Registrar Agreement") expected to be dated as of July 1, 2003, by and between the City and the Registrar and Paying Agem, and in substantially the form presented at this meeting (and attached hereto as Exhibit G) is hereby approved, subject to and with such changes therein as shall be approved by the Mayor (or in his absence, the Vice Mayor), such approval to be evidenced conclusively by the execution of said Paying Agent/Registrar Agreement; either the Mayor or the Vice Mayor of the City is hereby authorized and directed on behalf of the City to execute and deliver said Paying Agent/Registrar Agreement; that the City Clerk hereby is authorized, on behalf of the City, to attest and impress the seal of the City on, said Paying Agent/Registrar Agreement; and that said officers and all other officers of the City are hereby authorized and directed to carry out or cause to be carried out all obligations of the City under said Paying Agent/Registrar Agreement. SECTION 18. AMENDMENTS AND SUPPLEMENTS TO 1988 ORIGINAL RESOLUTION AND 2003 SERIES RESOLUTION; BOND INSURANCE AND RESERVE POLICY PROVISIONS. Notwithstanding any provision in the 1988 Resolution, as amended and supplemented and the 2003 Series Resolution to the contrary, as a condition of obtaining the Bond Insurance and Reserve Policy and for as long as the Bond Insurer is not in default under the Bond Insurance Policy and/or Reserve Policy, the following provisions shall be applicable to the 2003 Bonds: A. Consent of Bond Insurer. ~,%wpb~In~01LSAN~ORDS~422457Y~6~3%I6?$701X200 14 Res. No. 35-03 Any provision of the 1988 Resolution, the 2003 Series Resolution or this Resolution (for purposes of this section only, collectively, the "Resolutions") expressly recognizing or granting rights in or to the Bond Insurer may not be amended in any manner which affects the rights of the Bond Insurer thereunder and hereunder without the prior written consent of the Bond Insurer. The Bond Insurer reserves the right to charge the City a reasonable fee for any consent or amendment to the Resolutions while the Bond Insurance Policy is outstanding. B. Consent of the Bond Insurer in Addition to Bondholder Consent. Unless otherwise provided in this Section, the Bond Insurer's consent shall be required in addition to the consent of the registered owners of the 2003 Bonds (for purposes of this section only, the "Bondholders"), when required, for the following purposes: (i) execution and delivery of any supplemental Resolution, (ii) initiation or approval of any action not described in (i) above which requires Bondholder's consent. C. Consent of the Bond Insurer in the Event of Insolvency. Any reorganization or liquidation plan with respect to the City must be acceptable to the Bond Insurer. In the event of any reorganization or liquidation, the Bond Insurer shall have the right to vote on behalf of all Bondholders. D. Consent of the Bond Insurer Upon Default. Anything in the Resolutions to the contrary notwithstanding, upon the occurrence and continuance of a default by the City, the Bond Insurer shall be entitled to control and direct the enforcement of all rights and remedies granted to the Bondholders. E. Notices to Bond Insurer. Res. No. 35-03 (1) While the Bond Insurance Policy is in effect, the City shall furnish to the Bond Insurer, upon request, the following: (a) a copy of any financial statement, audit and/or annual report of the City; and (b) such additional information it may reasonably request. Upon request, such information shall be delivered at the City's expense to the attention oftbe Surveillance Department, unless othenvise indicated. (2) A cOpy of any notice to be given to the Bondholders, including, without limitation, notice of any redemption of or defeasance of the Bonds, and any certificate rendered pursuant to the Resolutions relating to the security for the Bonds. (3) To the extent that the City has entered into a continuing disclosure agreement or undertaking with respect to the Bonds, the Bond Insurer shall be included as party to be notified. (4) The City shall notify the Bond Insurer of any failure of the City to provide relevant notices or certificates. (5) Notwithstanding any other provision of the Resolutions, the City shall immediately notify the Bond Insurer if at any time there are insufficient moneys to make any payment of principal of and/or interest on the Bonds. (6) The City will permit the Bond Insurer to discuss the affairs, finances and accounts of the City or any information the Bond Insurer may reasonably request regarding the security for the Bonds with appropriate officers of the City. The City will permit the Bond Insurer to have access to and to make copies of all hooks and records relating to the Bonds at any reasonable time. 16 Res. No. 35-03 (7) The Bond Insurer shall have the right to direct an accounting at the City's expense, and the City's failure to comply with such direction within thirty (30) days after receipt of written notice of the direction from the Bond Insurer shall be deemed a default under the Resolutions; provided, however, that if compliance cannot occur within such period, then such period will be extended so long as compliance is begun within such period and diligently pursued, but only if such extension would not materially adversely affect the interests of any Bondholder. (F) Permitted Investments. (1) The Bond Insurer will allow the following obligations to be used as Permitted Investments for all purposes, including defeasance investments in refunding escrow accounts. (a) Cash (insured at all times by the Federal Deposit Insurance Corporation), (b) Direct obligations of the United States of America (including obligations issued or held in book entry form on the books of the Department of the Treasury), or (c) Senior debt obligations of other Government Sponsored Agencies approved by the Bond Insurer. (2) The Bond Insurer will allow the following obligations to b~ used as Permitted Investments for all purposes other than defeasance investments in refunding escrow accounts. (a) Obligations of any of the following federal agencies which obligations represent the full faith and credit of the United States of America, including: -Export-Import Bank -Rural Economic Community Development Administration [~wpb'l*~O 1LSANFORDS~422437vOe~d6/03~ 16T87011200 1 7 Res. NO. 35-03 -U.S. Maritime Administration -Small Business Administration -U.S. Department of Housing & Urban Development (PI-IAs) -Federal Housing Administration -Federal Financing Bank (b) Direct obligations of any of the following federal agencies which obligations are not fully guaranteed by the full faith and credit of the United States of America: -Senior debt obligations issued by the Federal National Mortgage Association - (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC). -Obligations of the Resolution Funding Corporation (REFCORP) -Senior debt obligations of the Federal Home Loan Bank System -Senior debt obligations of other Governmental Sponsored Agencies approved by the Bond Insurer (c) U.S. dollar denominated deposit accounts, federal funds and bankers' acceptances with domestic commercial banks which have a rating on their short term certificates of deposit on the date of purchase of "P-1' by Moody's and "A-t" or "A-1" by S&P and maturing not more than 360 calendar days after the date of purchase. (Ratings on holding companies are not considered as the rating of the bank); (d) Commercial paper which is rated at the time of purchase in the single highest classification, "P-I" by Moody's and "A-I' by S&P and which matures not more than 270 calenda~ days after the date of purchase; (e) Investments in a money market fund rated "AAAm" or' "AAAm- G" or better by S&P; (f) Pre-refunded Municipal Bonds defined as follows: any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor ~b'll~O ~ XliANFORDS~422437~09~6~/0~ 167~701 Il00 l 8 Res. No. 35-03 prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and (i) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of Moody's or S&P or any successors thereto; or (ii) (x) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or obligations described in paragraph (l)(b) above, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate, .and (y) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate; (g) Municipal obligations rated "Aaa/AAA" or general obligations of states with a rating of"A2/A" or higher by both Moody's and S&P; (h) Investment agreements approved in writing by the Bond Insurer Corporation (supported by appropriate opinions of counsel); (i) the Local Government Surplus Funds Trust Fund, as created by Section 2 18.405, Florida Statutes; and O) Other forms of investments (including repurchase agreements) approved in writing by the Bond Insurer. (3) The value of the above investments shall be determined as follows: (a) For the purpose of determining the amount in any fund, all Permitted Investments credited to such fund shall be valued at fair market value. The City shall determine the fair market value based on accepted industry standards and from accepted industry providers. Accepted industry providers shall include but are not limited to pricing services '~'~W~ln~OI"'SANl~OROS~42241?VO~6A~O~x'I67117'O11200 19 Res. No. 35-03 provided by Financial Times Interactive Data Corporation, Merrill Lynch, Citigroup Global Markets Inc, Bear Stearns, or Lehman Brothers. (b) As to certificates of deposit and bankers' acceptances: the face mount thereof, plus accrued interest thereon; and (c) As to any investment not specified above: the value thereof established by prior agreement among the City and the Bond Insurer. G. Payment Procedures. The following sets out the applicable procedure for payments under the Bond Insurance Policy: As long as the Bond Insurance Policy shall be in full force and effect, the City and Paying Agent agree to comply with the following provisions: (1) At least one (1) day prior to all Interest Payment Dates the Paying Agent will determine whether there will be sufficient funds in the funds and accounts to pay the principal of or interest on the Bonds on such Interest Payment Date. If the Paying Agent determines that there will be insufficient funds in such funds or accounts, the Paying Agent shall so notify the Bond Insurer. Such notice shall specify the amount of the anticipated deficiency, the Bonds to which such deficiency is applicable and whether such Bonds will be deficient as to principal or interest, or both. If the Paying Agent has not so notified the Bond Insurer at least one (1) day prior to an Interest Payment Date, the Bond Insurer will make payments of principal or interest due on the Bonds on or before the first (tst) day next following the date on which the Bond Insurer shall have received notice of nonpayment from the Paying Agent. (2) The Paying Agent shall, after giving notice to the Bond Insurer as provided in (1) above, make available to the Bond Insurer and, at the Bond Insurer's direction, to ~.'iwpb-lrv01~AN~Ol~DS~422437~4~6/6~3[16TS? 011200 20 Res. No. 35-03 The Bank of New York, in New York, New York, as insurance trustee for the Bond Insurer or any successor insurance trustee (the "Insurance Trustee"), the registration books of the City maintained by the Registrar and all records relating to the funds and accounts maintained under the Resolutions. (3) The Registrar shall provide the Bond Insurer and the Insurance Trustee with a list of registered owners of the Bonds entitled to receive principal or interest payments from the Bond Insurer under the terms of the Bond Insurance Policy, and shall cause the Paying Agent to make arrangements with the Insurance Trustee (i) to mail checks or drafts to the registered owners of Bonds entitled to receive full or partial interest payments from the Bond Insurer and (ii) to pay principal upon Bonds surrendered to the Insurance Trustee by the Bondholders entitled to receive full or partial principal payments from the Bond Insurer. (4) The Paying Agent shall, at the time it provides notice to the Bond Insurer pursuant to (1) above, notify registered owners of Bonds entitled to receive the payment of principal or interest thereon from the Bond Insurer (i) as to the fact of such entitlement, (ii) that the Bond Insurer will remit to them all or a part of the interest payments next coming due upon proof of a Bondholder's entitlement to interest payments and delivery to the Insurance Trustee, in form satisfactory to the Insurance Trustee, of an appropriate assignment of the Bondholder's right to payment, (iii) that should they be entitled to receive full payment of principal from the Bond Insurer, they must surrender their Bonds (along with an appropriate instrument of assignment in form satisfactory to the Insurance Trustee to permit ownership of such Bonds to be registered in the name of the Bond Insurer) for payment to the Insurance Trustee, and not the Paying Agent and (iv) that should they be entitled to receive partial payment of principal from the Bond Insurer, they must surrender their Bonds for payment thereon first to the Paying Agent Res. No. 35-03 who shall note on such Bonds the portion of the principal paid by the Paying Agent and then, along with an appropriate instrument of assignment in form satisfactory to the Insurance Trustee, to the Insurance Trustee, wh/ch will then pay the unpaid portion of principal. (5) In the event that the Paying Agent has notice that any payment of principal of or interest on Bonds which has become Due for Payment and which is made to a Bondholder by or on behalf of the City has been deemed a preferential transfer and theretofore recovered from its registered owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent jurisdiction, the Paying Agent shall, at the time the Bond Insurer is notified pursuant to (1) above, notify all Bondholders that in the event that any Bondholder's payment is so recovered, such Bondholder will be entitled to payment from the Bond Insurer to the extent of such recovery if sufficient funds are not otherwise available, and the Paying Agent shall furnish to the Bond Insurer its records evidencing the payments of principal of and interest on the Bonds which have been made by the Paying Agent and subsequently recovered from Bondholders and the dates on which such payments were made. (6) In addition to those rights granted the Bond Insurer under this Section, the Bond Insurer shall, to the extent it makes payment of principal of or interest on the Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Bond Insurance Policy, and to evidence such subrogation (i) in the case of subrogation as to claims for past due interest, the Paying Agent shall note the Bond Insurer's rights as subrogee on the registration books of the City maintained by the Registrar upon receipt from the Bond Insurer of proof of the payment of interest thereon to the registered owners of the Bonds, and (ii) in the case of subrogation as to claims for past due principal, the Registrar shall note the Bond ~0~'~Oi~,$AJ~OR~$~422417'vO~6/6~O]~I6757 OI ]200 22 Res. No. 35-03 Insurer's fights as subrogee on the registration books of the City maintained by the Paying Agent upon surrender of the Bonds by the Bondholders thereof together with proof of the payment of principal thereof. H. The Bond Insurer As Third Party Beneficiary. To the extent that the Resolutions confer upon or give or grant to the Bond Insurer any fight, remedy or claim under or by reason of the Resolutions, the Bond Insurer is hereby explicitly recognized as being a third-party beneficiary thereunder or hereunder and may enforce any such right remedy or claim cunferred, given or granted thereunder or hereunder. I. Parties Interested Herein. Nothing in the Resolutions expressed or implied is intended or shall be construed to confer upon, or to give or grant to, any person or entity, other than the City, the Registrar, the Bond Insurer, the Paying Agent and the Bondholders, any fight, remedy or claim under or by reason of the Resolutions or any covenant, condition or stipulation thereof or hereof, and all covenants, stipulations, promises and agreements in the Resolutions contained by and on behalf of the City shall be for the sole and exclusive benefit of the City, thc Registrar, thc Bond Insurer, the Paying Agent and the Bondholders. J. Reserve Policy. As long as thc Reserve Policy shall bc in full force and effect, the City and Paying Agent agree to comply with the following provisions: (1) In thc event and to the extent that moneys on deposit in the Interest Account and Principal Account, plus all mounts on deposit in and credited to the 2003 Debt Service Reserve Sub-Account in excess of the amount of the Reserve Policy, are insufficient to pay the amount of pfincipal and interest coming due, then upon the later of: (i) one (1) day after ~,.~-,.o,~s.~o~s.~,..~,,.~. o.~oo 23 Res. No. 35-03 receipt by the General Counsel of the Bond Insurer of a demand for payment in the form attached to the Reserve Policy as Attachment 1 (the "Demand for Payment"), duly executed by the Paying Agent certifying that payment due under the Resolutions has not been made to the Paying Agent; or (ii) the payment date of the Bonds as specified in the Demand for Payment presented by the Paying Agent to the General Counsel of the Bond Insurer, the Bond Insurer will make a deposit of funds in an account with the Paying Agent or its successor sufficient for the payment to the Paying Agent, of amounts which are then due to the Paying Agent under the Resolutions (as specified in the Demand for Payment) up to but not in excess of the Reserve Policy Coverage, as defined in the Reserve Policy; provided, however, that in the event that the amount on deposit in, or credited to, the 2003 Debt Service Reserve Sub-Account, in addition to the amount available under the Reserve Policy, includes amounts available under another Reserve Account Credit Facility Substitute, draws on the Reserve Policy and the Reserve Account Credit Facility Substitute shall be made on a pro rata basis to fund the insufficiency. (2) The Paying Agent shall, after submitting to the Bond Insurer the Demand for Payment as provided in (1) above, make available to the Bond Insurer all records relating to the funds and accounts maintained under the Resolutions. (3) The Paying Agent shall, upon receipt of moneys received from the draw on the Reserve Policy, as specified in the Demand for Payment, credit the 2003 Debt Service Reserve Sub-Account to the extent of moneys received pursuant to such Demand. (4) The 2003 Debt Service Reserve Account shall be replenished in the following priority: (i) principal and interest on the Reserve Policy and on any other Reserve Account Credit Facility Substitute shall be paid from first available Net Revenues on a pro rata basis; (ii)after all such amounts are paid in full, amounts necessary to fund the 2003 Debt ~*n~O~O~DSa*24~?,O~0~6~,0~200 24 ReS. NO. 35-03 Service Reserve Sub-Account to the required level, after taking into account the amounts available under the Reserve Policy and any other Reserve Account Credit Facility Substitute shall be deposited from next available Net Revenues. SECTION 19. BOOK ENTRY BONDS. That the Commission hereby determines that the registration of the Bonds be by a Book Entry system of registration. The Mayor, the City Manager, the Finance Director or the Treasurer are each hereby authorized and directed to execute and deliver all documents or instruments found to be in acceptable form by the City Attorney and Bond Counsel, to evidence such Bond Entry System ofregistratiun. SECTION 20. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of this Resolution or of the Bonds. SECTION 21. FURTHER AUTHORIZATIONS; RATIFICATION OF PRIOR ACTS. That the Mayor, the Vice Mayor, the City Manager, the Finance Director, the Treasurer, the City Clerk, the City Attorney and any other authorized official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments, and to do and cause to be done any and all acts and things necessary or proper for earrTing out the transactions contemplated by this Resolution, including, but not limited to, complying with any conditions to obtain the Bond Insurance Policy or Reserve Policy. All actions heretofore taken and documents prepared or executed by or on behalf of the City by any ~,-~s^~o~os~4~4~?,o~an?.o~ 25 Res. No. 35-03 of its authorized officers in connection with the transactions contemplated hereby including, without limitation, the subscription for the purchase, if available, of United States Treasury Obligations - State and Local Government Series ("SLGs") for deposit and application to effect the payment and defeasance of the 1993 Refunded Bonds, are hereby ratified, confm-ned, approved and adopted. SECTION 22. REPEALER. That all resolutions or proceedings, or parts thereof, in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed. SECTION 23. EFFECTIVE DATE. That this Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 17th day of June, 2003. Attest: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Mayor Date of Adoption: June 17, 2003 The foregoing Resolution is hereby approved by me as to form, language and execution this 17th day of June, 2003. By: City Attorney 'i[~P~'l~Ol'~'~ql~ORl~S~422437~09~6~6/O~\16'~?'OI IlO0 26 Res. NO. 354)3 City of Delray Beach, Florida Water and Sewer Revenue Refunding Bonds, Series 2003 LIST OF EXItIBITS TO RESOLUTION NO. 3S-03 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Escrow Deposit Agreement Bond Purchase Agreement Drat~ Preliminary Official Statement Letter of Recommendation from Public Financial Management Commitment for Bond Insurance and Reserve Policy from Ambac Assurance Corporation. Guaranty Agreement Paying Agent/Registrar Agreement Res. No. 35-03 CITY OF DELRI:IY BEACH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH DATE: June 16, 2003 MEMORANDUM TO: City Commission David T. Harden, City Manager John J. Callahan, III, Library Director Diane Colonna, CRA Director FROM: Susan A. Ruby, City Attorney SUBJECT: Chan.qes from the June 10, 2003 Agreements For ease of reference, the attached agreement and letter summary thereof contains the following changes to the cover letter dated June 10, 2003 and the agreement included in City Commission agenda packages. In addition, the CRA has approved the one time payment of $666,000.00. The agreement has been amended to comply with the CRA request to pay $666,000.00 in a lump sum within 5 business days of the City's written request for the funds. The payment by the CRA will be made after the City's contribution and the Library's initial contribution are expended. 1. The changes to the June 10, 2003 summary letter are as follows: ao The new June 11, 2003 letter in Paragraph 5 and 6 deletes references to an assignment of lease. The lease will instead be terminated if a default is not cured within 90 days pursuant to Paragraph 11.01(c) of Exhibit B, "Long Term Lease and Option Agreement" (and subject to the 365 day note provision of 11.02). 2. Tripartite and Interlocal Agreement: ao A typographical error was corrected on page 3 of Tripartite Interlocal Agreement. In the sixth "Whereas" clause, the word "originals" is changed to "originally". Paragraph 5 is renumbered to Paragraph 6 (Paragraph 6 becomes Paragraph 5). New Paragraph 6 provides for the issuance of a title June 16,2003 Page 2 commitment and policy to the CRA and CRA and from each other within 30 days following the date of obtaining the appraisals. C= On Page 6 references to the "sale" were clarified to refer '~to that site." On Page 7, Paragraph 9, the term words "Current Library Site" were capitalized. On Page 7, Paragraph 10, in the last line, the words "of termination" were added after "City's rights" and the words "the lease" were added after the word "in" in the second to last line. On Page 9, Paragraph 14 was revised to delete the "Assignment of lease" language and to provide for the termination and nullification of the lease and option rights. g= On Page 10, Paragraph 16 was modified to delete references to the assignment of lease and to conform the time to cure to the Lease. On Page 10, Paragraph 17 provides for the lump sum payment of $666,000.00 from the CRA. The agreement provides that payment will be made within 5 business days of the City's written request to be made after the City's initial contribution and the Library's initial contribution is expended. Exhibit B - 99 year lease between City and Library. Paragraph 2.01 was clarified to state that the option will commence if there is no default under the Tripartite and Interlocal Agreement and exhibits thereto. b. The word "without" was revised to '~vith" in the third line. Paragraph 11.01(c) was revised to clarify that a breach in the Tripartite and Interlocal Agreement is a default under the lease unless cured with 90 days. (The City must also give 365 days notice of its intent to cancel per paragraph 11.02). d. Paragraph 11.02, the reference to ^rticle 10 was changed to Article 11. June 16,2003 Page 3 Paragraph 15.01 was modified to clarify that the option commences 20 years from the effective date of the lease if there has been no breach under the Tripartite and Interlocal Agreement and exhibits. 4. Exhibit F - Security AgreementJPromissory Note In the Promissory Note, the references to the assignment of lease were deleted from the fourth paragraph. On Page 2 of the Promissory Note, subparagraph (c) at the top of the page was modified to read "failure to successfully and timely complete the construction of the Library". The Assignment of Lease and Cancellation and Nullification of Option Rights Agreement were deleted. 5. Exhibit G - Construction Agreement On page 3, Paragraph F, the commencement date has been changed from January 31, 2004 to March 31, 2004. Please call if you have any questions. Thanks. CC: Robert W. Federspiel, Esq. Michael Listick, Esq. Barbara Garito, City Clerk [ITY OF DELRrlY BEfl[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH ~l. Aae~ca ~ DATE: TO: MEMORANDUM June 11,2003 David T. Harden, City Manager Diane Colonna, CRA Director Robert W. Federspiel, Esq. John Callahan, Library Director Joseph Safford, Finance Director Becky O'Connor, Treasurer FROM: Susan A. Ruby, City Attorney SUBJECT: Tripartite and Interlocal Agreement, with Exhibits; Business Lease of Current Site (Exhibit A); Lease of_New Site (Exhibit B); Agreement between City, CRA, Library and County (Exhibit C); Agreement and Amendment No. 1 between City and Library (Exhibit D); Grant Agreement between City and Florida Department of State Division of Library and Information Services for Public Library Construction (Exhibit E); Security Agreement and Promissory Note regarding the $800,000 Bridge Loan (Exhibit F); Construction Agreement (Exhibit G); and Right of Entry and License Agreement between City and Library (Exhibit H) I have prepared the attached documents for your consideration. The above agreements and exhibits can be summarized as follows: Tripartite and Interlocal Agreement Under the Tripartite and Interlocal Agreement, the CRA will convey to the City the new library site. The City will own the site and the library building and parking (Library site). The Library will lease the new library site for 99 years with an option to purchase after 20 years (see Exhibit "A'). The lease with the option right will commence when the Library obtains a certificate of occupancy on the new library. The City will convey to the CRA the old library site. The Library will release any long-term lease rights and dghts to the buildings at the old library site. The City and CRA shall have the old June 11,2003 Page 2 = site appraised and all proceeds up to the appraised value of the new site will go to the CRA, proceeds above that amount up to the appraised value of land and buildings constituting the current library site will go to the City and any excess will be split equally between the City and CRA. The Library will not share in any proceeds. The CRA, the ultimate owner of the current Library site, will lease the current site to the Library, in accordance with the Business Lease attached as Exhibit B after the CRA closes and during construction of the new site. The previously approved agreement between the City, CRA, Library and the County is set forth in Exhibit C to the Tripartite Agreement. Exhibit C requires the CRA to pay $334,000 and the City to pay $200,000 and the Library to pay the remainder of the costs for parking. The City has other obligations under the agreement such as abandonment of certain roadways and utility relocation requirements where needed. The Mamh 20, 2001 Agreement and Amendment No. 1 thereto dated October 2, 2001 sets forth the Library's duty to build the Library and to select the design and the architects for the project and to indemnify the City and is set forth in Exhibit "D" The Grant Agreement requires the City to apply for the grant and be responsible for the total estimated project cost, which is now $6.5 million, excluding furniture, books, equipment and design fees. The Grant Agreement is set forth in Exhibit "E" and the letter revising the project cost to $6.5 million is also attached to Exhibit "E". The City will advance the Library the sum of $800,000.00 which shall be secured by a Security Agreement and Promissory Note. Further, the Lease will terminate and any option rights will be null and void if any monies remain unpaid after a certificate of occupancy is obtained (Exhibit F). The Library shall pay to the City $100,000.00 by August 31, 2004; $450,000o00 by June 30, 2005; $100,000.00 by August 31, 2005; $50,000.00 by December 31, 2005; and, $100,000.00 by August 31, 2006. No interest will be charged to the Library. The Library shall pay all documentary taxes or other fees including recording as may be necessary. (a) The City shall also contribute $2.5 million dollars for library construction pursuant to the terms of the Tripartite Agreement and exhibits thereto, including but not limited to the Construction Agreement which is attached as Exhibit "G". The CRA shall pay $666,000.00 to the City within 5 business days of the City's written June 11, 2003 Page 3 (c) (b) (d) request for the moneys in a lump sum, as part of the City's $2.5 million dollar commitment to the Library. The City will not require the funds from the CRA until the moneys on hand from the City and the Library are expended. The Library shall deposit with the City $3.2 million dollars in the Library Construction Fund prior to December 20, 2003. If there is a breach which occurs after construction has commenced prior to a CO being obtained that may effect the successful and timely completion of the Library, the City has the option to complete construction and any monies collected by the Library shall be turned over to the City to finish the construction of the Library. (See Exhibit "G"). In the event of a breach, after a CO is obtained, the lease will be terminated and the option to purchase rights of the Library will be nullified. The City retains a security interest in books and equipment, etc. that is triggered if there is a breach of the Promissory Note, Tripartite and Interlocal Agreement and exhibits thereto and the Lease will be terminated if the breach occurs after a CO is issued subject to the Library's right to cure for a period of 90 days under the Lease and the Library's right to receive 365 days written notice of the City's intention to terminate the Lease. If a breach occurs before a CO is issued, then the Lease shall not commence and the City has all the rights set forth in the Tripartite and Interlocal Agreement and exhibits thereto, including but not limited to the Construction Agreement, the Promissory Note and Security Agreement. The Construction Agreement (Exhibit "G") provides that the Library will deposit with the City, in the Library Construction Fund, sufficient funds to complete the library, over and above the City and CRA contributions. Monthly payments by the City will be made upon the City's receipt of draw requests accompanied with lien waivers, as required. No change orders that would cause the total construction cost to exceed $6,500,000.00 will be allowed unless approved by the City and all change orders shall be paid in advance directly by the Library. The Library is responsible to insure the building, etc. The Library is required to commence construction by March 31, 2004 and complete construction by December 31, 2005. (Construction Agreement, Exhibit "G", Paragraph 1F). June 11,2003 Page 4 The City shall have the right to use 137 library parking spaces 10 days per year. The Library and City are to work out the logistics 30 days in advance of the day of use of the City (Tripartite Agreement, Paragraph 15). If the logistics cannot be worked out within ten (10) days of the meeting, the Library, or parts thereof, will need to close to accommodate the City's use of the parking spaces. The Library shall work with the County to secure necessary agreements to allow the City's use of the 137 spaces. The Library retains all rights to be solely responsible for the design and construction of the Library subject to City's normal processes and the City's rights upon a breach, etc. as set forth above. (See Exhibit "D", Amendment 2). A Right of Entry and Construction License Agreement is set forth in Exhibit "H", which permits the Library to construct the library on the new site. The license can be terminated by the City at any time and automatically terminates on the commencement of the lease. Please call if you have any suggested changes or questions. I am anticipating putting the agreements on the City Commission agenda for June 17, 2003. Therefore, I will need to have your changes no later than Monday, June 16, 2003. SAR:smk Attachments [lTV OF DELRFIY BEII[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH ~Am~ca City DATE: June 10, 2003 TO: City Commission MEMORANDUM FROM: Susan A. Ruby, City Attorney SUBJECT: Tripartite and ntedocal Agreement and Exhibits The above documents are being placed on the Tuesday, June 17, 2003 City Commission agenda for City Commission approval. Due to the lengthy nature of the documents, I am providing you with the latest draft. If there are changes, I will highlight them for you at or prior to the City Commission meeting. There is a summary of the documents contained in the June 10, 2003 letter which is attached. By copy to David Harden, City Manager, our office requests that the documents be placed on the City Commission agenda for June 17, 2003. Attachments Cc: David T. Harden, City Manager Barbara Garito, City Clerk Diane Colonna, CRA Director Robert W. Federspiel, Esq. John Callahan, Library Director Joseph Safford, Finance Director Becky O'Connor, Treasurer cid [ITY OF DELRFlY BEII[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Wdter's Direct Line: 561/243-7091 DATE: TO: MEMORANDUM June 10, 2003 David T. Harden, City Manager Diane Colonna, CRA Director Robert W. Federspiel, Esq. John Callahan, Library Director Joseph Safford, Finance Director Becky O'Connor, Treasurer FROM: Susan A. Ruby, City Attorney SUBJECT: Tripartite and Intedocal Agreement, with Exhibits; Business Lease of Current Site (Exhibit A); Lease of New Site (Exhibit B); Agreement between City, CRA, Library and County (Exhibit C); Agreement and Amendment No. 1 between City and Library (Exhibit D); Grant Agreement between City and Florida Department of State Division of Library and Information Services for Public Library Construction (Exhibit E); Security Agreement and Promissory Note regarding the $800,000 Bridge Loan and Assignment of Lease and Cancellation and Nullification of Option Rights Agreement (Exhibit F); Construction Agreement (Exhibit G); and Right of Entry and License Agreement between City and Library (Exhibit H) The agreements ara prepared assuming the CRA will agree to the one time payment of $666,000.00. This was assumed for the purpose of preparing documents. If the CRA determines otherwise, certain modifications will need to be made. I have prepared the attached documents for your consideration. The above agreements and exhibits can be summarized as follows: Tripartite and Interlocal A.qreement Under the Tripartite and Interlocal Agreement, the CRA will convey to the City the new library site. The City will own the site and the library building and parking (Library site). The Library will lease the new library site for 99 years with an option to purchase after 20 years (see Exhibit "A'). The lease June 10, 2003 Page 2 with the option right will commence when the Library obtains a certificate of occupancy on the new library. The City will convey to the CRA the old library site. The Library will release any long-term lease rights and rights to the buildings at the old library site. The City and CRA shall have the old site appraised and all proceeds up to the appraised value of the new site will go to the CRA, proceeds above that amount up to the appraised value of land and buildings constituting the current library site will go to the City and any excess will be split equally between the City and CRA. The Library will not share in any proceeds. The CRA, the ultimate owner of the current Library site, will lease the current site to the Library, in accordance with the Business Lease attached as Exhibit B after the CRA closes and during construction of the new site. The previously approved agreement between the City, CRA, Library and the County is set forth in Exhibit C to the Tripartite Agreement. Exhibit C requires the CRA to pay $334,000 and the City to pay $200,000 and the Library to pay the remainder of the costs for parking. The City has other obligations under the agreement such as abandonment of certain roadways and utility relocation requirements where needed. The March 20, 2001 Agreement and Amendment No. 1 thereto dated October 2, 2001 sets forth the Library's duty to build the Library and to select the design and the architects for the project and to indemnify the City and is set forth in Exhibit "D" The Grant Agreement requires the City to apply for the grant and be responsible for the total estimated project cost, which is now $6.5 million, excluding furniture, books, equipment and design fees. The Grant Agreement is set forth in Exhibit "E" and the letter revising the project cost to $6.5 million is also attached to Exhibit "E". The City will advance the Library the sum of $800,000.00 which shall be secured by a Security Agreement and Promissory Note. Further, an Assignment of Lease and Cancellation and Nullification of Option Agreement is included to provide for an assignment to the City if any monies remain unpaid after a certificate of occupancy is obtained (Exhibit F). The Library shall pay to the City $100,000.00 by August 31, 2004; $450,000.00 by June 30, 2005; $100,000.00 by August 31, 2005; $50,000.00 by December 31, 2005; and, $100,000.00 by August 31, 2006. No interest will be charged to the Library. The Library shall pay all documentary taxes or other fees including recording as may be necessary. June 10, 2003 Page 3 6. (a) The City shall also contribute $2.5 million dollars for library construction pursuant to the terms of the Tripartite Agreement and exhibits thereto, including but not limited to the Construction Agreement which is attached as Exhibit "G". The CRA shall pay $666,000.00 to the City as a lump sum by , 200__, towards the City's $2.5 million dollar commitment to the Library. The Library shall deposit with the City $3.2 million dollars in the Library Construction Fund prior to December 20, 2003. (b) If there is a breach which occurs after construction has commenced prior to a CO being obtained that may effect the successful and timely completion of the Library, the City has the option to complete construction and any monies collected by the Library shall be turned over to the City to finish the construction of the Library. (See Exhibit "G"). In the event of a breach, after a CO is obtained, an automatic assignment of the lease will be triggered and the option to purchase rights of the Library will be nullified. (c) The City retains a security interest in books and equipment, etc. that is triggered if there is a breach of the Promissory Note, Tripartite and Interlocal Agreement and exhibits thereto. The Construction Agreement (Exhibit "G") provides that the Library will deposit with the City, in the Library Construction Fund, sufficient funds to complete the library, over and above the City and CRA contributions. Monthly payments by the City will be made upon the City's receipt of draw requests accompanied with lien waivers, as required. No change orders that would cause the total construction cost to exceed $6,500,000.00 will be allowed unless approved by the City and all change orders shall be paid in advance directly by the Library. The Library is responsible to insure the building, etc. (d) The Library is required to commence construction by January 31, 2004 and complete construction by December 31, 2005. (Construction Agreement, Exhibit "G", Paragraph 1F). The City shall have the right to use 137 library parking spaces 10 days per year. The Library and City are to work out the logistics 30 days in advance of the day of use of the City (Tripartite Agreement, Paragraph 15). If the logistics cannot be worked out within ten (10) days of the meeting, the Library, or parts thereof, will need to close to accommodate the City's use of the parking spaces. The Library shall work with the County to secure necessary agreements to allow the City's use of the 137 spaces. June 10, 2003 Page 4 The Library retains all rights to be solely responsible for the design and construction of the Library subject to City's normal processes and the City's rights upon a breach, etc. as set forth above. (See Exhibit D, Amendment 2). A Right of Entry and Construction License Agreement is set forth in Exhibit "H", which permits the Library to construct the library on the new site. The license can be terminated by the City at any time and automatically terminates on the commencement of the lease. Please call if you have any suggested changes or questions. I am anticipating putting the agreements on the City Commission agenda for June 17, 2003. Therefore, I will need to have your changes no later than Monday, June 16, 2003. SAR:smk~~ Attachments TRIPARTITE AND INTERLOCAL AGREEMENT THIS TRIPARTITE AND INTERLOCAL AGREEMENT is made and entered into this day of ,2003, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (the "CITY'), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a community redevelopment agency created pursuant to Florida Statute., Chapter 163, (the ~CRA'), and the DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., (the "LIBRARY"). WITNESSETH: WHEREAS, the CITY and CRA both being bodies politic in the State of Florida are desirous of entering into this Tripartite and Interiocal Agreement with the LIBRARY in accordance with the previsions of Florida Statute, Chapter 163.01 et seq.; and WHEREAS, the CRA is the owner of certain real property located at 104 West Atlantic Avenue, Delray Beach, Florida 33444, and 132 West Atlantic Avenue, Delray Beach, Florida 33444, and herein referred to as "Parcel Three", being more particularly described as follows: Lots 1 through 4, Block 53, TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, less the right-of-way for West Atlantic Avenue ; and WHEREAS, the CITY is the owner of certain real property herein referred to as the "Currant Library Site" which real property is legally described as: ; and Lot 7, less the North 16.0 feet and the West 8.17 feet, Lots 8 and 9, less the West 8.17 feet the North 20 feet of Lot 10, Less the West 8.17 feet, Town of Linton (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. WHEREAS, the Current Library Site is encumbered by a long-term land lease in favor of the LIBRARY; and WHEREAS the CITY and the CRA desire to facilitate the relocation of the LIBRARY from the Current Library Site to Parcel Three; and WHEREAS, in order to facilitate such relocation, the CITY and the CRA ara desirous of entering into this Tripartite and Interlocal Agreement providing for an exchange of the Current Library site from the CITY to the CRA in return for the conveyance by the CRA to the CITY of Parcel Three; and WHEREAS, the CITY shall be the owner of Parcel Three and in consideration of the monies granted and expended and as required by the grant from the State, the CITY shall also own the building as well as the land upon which the LIBRARY shall construct a new library which will be leased to the LIBRARY under a long term lease with an option to purchase; and WHEREAS, the LIBRARY is willing to cancel and surrender its Long Term Land Lease and any interest it may possess in the improvements located within and on the Current Library Site to the CITY in return for the CITY leasing to it Parcel Three in accordance with this agreement; and WHEREAS, the CITY has entered into certain agreements with the LIBRARY and also has entered into a grant agreement with the state; and WHEREAS, the State has informed the CITY that as the Grantee it is required to expend and disburse funds for the LIBRARY project; and WHEREAS, the CITY, under the grant, may assign certain responsibilities to the LIBRARY; and WHEREAS, the CITY, under agreements dated March 20, 2001 as amended by Amendment No. 1 dated October 2, 2001 has delegated the handling of the actual construction to the LIBRARY; and WHEREAS, as the grant recipients, the CITY is not released from the duties and obligations to complete the LIBRARY construction and the duty to provide funds as set forth in the grant; and WHEREAS, the total estimated cost of the LIBRARY construction originally submitted for the grant was $10,155,000.00, which included the cost to construct the LIBRARY, furniture and books but did not include the cost to construct the parking garage which is to cost $3,200,000.00; and WHEREAS, the total estimated cost of constructing the LIBRARY as of May 28, 2003 is $6,500,000.00, which does not include design costs, furniture, books, and construction of the parking garage; and WHEREAS, the LIBRARY has revised the project estimate, in which with the state has concurred, from the $10,155,000.00 to the $6,500,000.00 amount; and WHEREAS, this agreement is premised on the CITY being responsible under the grant for the $6,500,000.00 project cost and not the $10,155,000.00 estimated project cost; and WHEREAS, the parties have undertaken certain monetary and other commitments to each other as further set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The above recitals are hereby incorporated as if fully set forth herein. 2. The CITY shall convey to the CRA fee simple title to the Current Library Site in its then "as is" condition, subject only to both permitted exceptions set forth in Paragraphs 3., A., below and the CRA shall convey title to Parcel Three to the CITY in its then "as is" condition in exchange for said Current Library Site subject to only those permitted exceptions set forth in Paragraph 3., B., below. 3. A. Permitted Exceptions to Conveyance of Current Library Site: (i) The right of post-closing occupancy by the LIBRARY upon the terms and conditions set forth in that certain Business Lease attached hereto as Exhibit ~A". (ii) Restrictions, conditions, reservations, easements, and other matters contained on the Plat of Town of Delray Beach, Florida (f/k/a Linton), as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida. 4 (iii) Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by the public B. Permitted Exceptions to Conveyance of Parcel Three to the CITY: (i) Subject to that certain Deed dated September 18, 1967 and recorded October 24, 1967 in O.R. Book 1605, Page 228, Public Records of Palm Beach County, Florida, conveying the North 20 feet of Lots 3 and 4, Block 53, as recorded in Plat Book 1, Page 3, and a portion of Lot 4 for State right-of- way purposes. (ii) Subject to a Unity of Title dated March 1, 1979 and recorded March 7, 1979, between Selective Recourses Corp., of Delaware and the City of Delray Beach, as set forth in O.R. Book 3020, Page 138, Public Records of Palm Beach County, Florida. (iii) Current year taxes. 4. Closing and time for conveyance for such exchange shall be upon the LIBRARY obtaining all required building permits to commence construction of its intended improvements to Parcel Three and the redevelopment of such Parcel as a public library, provided, however, that in the event such closing shall not occur on or prior to the 31st day of December, 2005, this Agreement shall become null and void. 5. The parties agree that the CRA shall order an appraisal of the Current Library Site and Parcel Three promptly after the execution of this Agreement through Anderson and Carr Appraisers for purposes of establishing the appraised value of the respective properties for purposes of this Agreement. The CRA, and the CITY agree to share equally in the cost of such appraisals and the CITY agrees to remit to the CRA their share of the cost thereof within fifteen (15) days following receipt of an invoice from the CRA together with a copy of such appraisals. Upon obtaining the appraisal reports, such party shall have thirty (30) days thereafter to elect to terminate this Agreement if such report is unacceptable to them in their sole discretion. The parties hereby agree that in the event the CRA pursuant to its redevelopment efforts with respect to the Current Library Site shall realize proceeds from the sale of that site, such net proceeds attributable to that site shall be distributed between the parties in the following manner: a) First, to the CRA all proceeds up to the appraised value of Parcel Three, then b) To the CITY, such net proceeds in excess of a) above up to the appraised value of the land and building at the Current Library Site, then c) To the CRA and CITY equally, and net proceeds then remaining after a) and b), above. Notwithstanding any provision of this Agreement to the contrary, the CRA shall have the free and sole discretion in determining the price and terms for its disposition of the Current Library Site pursuant to its public purposes and no special or fiduciary duty of any kind shall be created or imposed as a result of this Agreement. Further, the ^greement shall not be deemed to create an encumbrance of any kind on the title to the Current Library Site. 6. Each party shall, at their own expense, provide the receiving party with a Title Insurance Commitment and Policy in favor of the receiving party with respect to the property being conveyed to them in an insured amount equal to the appraised value of such property within thirty (30) days following the obtaining of the appraisals. 6 7. The CRA and LIBRARY shall, within four (4) months from the date of this Agreement, have the reasonable right of access to the respective properties being acquired for purposes of conducting such reasonable inspections and investigations of said properties for the suitability and acceptability of said properties by the receiving party. In the event the results of such investigations and study shall render the property to be received by either respective party unacceptable in such party's full discretion, either party may cancel this Agreement by delivering written notice to all of the parties hereto within said time. Neither party shall be entitled to cause any work to be done on said other party's premises which could result in a lien being paid therefor and each party agrees to indemnify, save, and hold the other party harmless for any and all work being so per[ormed. 8. Each party shall maintain their respective properties, which are the subject of this Agreement, in the same condition as they exist on the date of this Agreement, ordinary wear and tear excepted. Each party shall bear the risk of loss relative to their respective properties prior to closing and shall maintain casualty insurance to the extent of the full insurable value thereof. 9. The LIBRARY shall have the right to occupy the Current Library Site after closing pursuant to the term of the Business Lease set forth in Exhibit "A" and incorporated herein. 10. The LIBRARY shall construct a library building to be owned by the CITY on Parcel Three which shall also be owned by the CITY. Once the LIBRARY has received a certificate of occupancy for the new library, the CITY shall lease to the 7 LIBRARY Parcel Three and the LIBRARY building for ninety-nine (99) years with an option to purchase the LIBRARY building and property for One Dollar ($1.00) after twenty (20) years in accordance with that certain Long Term Lease attached hereto as Exhibit "B" and subject to the CITY'S right of termination upon a breach as set forth in the Lease, this Agreement and attached exhibits. 11. The CITY, LIBRARY, CRA and Palm Beach County have entered into an Agreement dated November 12, 2002 that is hereby incorporated as if fully set forth herein and is attached as Exhibit 'C" to this Agreement. Any funds to be expended pursuant to Exhibit "C" by the CITY or CRA ara in addition to the moneys set forth in this Agreement. 12. The CITY and the LIBRARY have entered into an Agreement dated March 20, 2001 and Amendment No. 1 dated October 2, 2001 thereto regarding the Library Project and the Agreement and Amendment No. 1 are incorporated as if fully set forth herein and are attached as Exhibit "D" to this Agreement provided, however, the payment terms on the matching funds in Paragraph 2 of the March 20, 2001 agreement as amended is modified as set forth in this Agreement and Exhibits "E", "F' and "G". The duties and responsibilities set forth in this Agreement are additional to the duties set forth in Exhibit "D" except as modified herein. 13. The CITY is the Grantee under the Grant Agreement dated December 9, 2002 attached hereto and incorporated as if fully set forth herein and attached as Exhibit "E" to this Agreement. The LIBRARY agrees to perform the duties of the CITY set forth in the Grant Agreement referenced in this paragraph and comply with the Agreement and Amendment No. 1 as described in Paragraph 10, and comply with all the duties and obligations as set forth in this Agreement and all exhibits hereto; provided, however, the CITY, pursuant to the grant, will disburse all funds for expenses incurred after the date of this agreement. 14. The LIBRARY shall deposit with the CITY $3,200,000.00 pdor to December 20, 2003 for the LIBRARY project. In addition, the LIBRARY shall deposit all other funds necessary to complete the LIBRARY construction as may be required in excess of payments set forth in this Agreement and exhibits hereto in a sufficient amount and in a timely manner in order to complete the construction of the LIBRARY project. The funds will be deposited in a separate LIBRARY Construction Fund Account. The CITY will deposit additional funds for the library in the Library Construction Fund Account in the sum of $800,000 (consisting of the $500,000 match and an additional $300,000) as a Bridge Loan provided that the LIBRARY shall repay the CITY $100,000 by August 31, 2004; $450,000 by June 30, 2005; $100,000 by August 31, 2005; $50,000 by December 31, 2005; $100,000 by August 31, 2006. The $800,000 loan shall be evidenced by a Promissory Note and secured by a Secudty Agreement and the Tripartite Agreement and exhibits thereto. If the breach occurs after the receipt of a certificate of occupancy, the Lease shall terminate and all option rights shall be null and void. The CITY also retains all the rights under the Secudty Agreement and Promissory Note and Tripartite Interlocal Agreement and exhibits thereto. The LIBRARY shall pay all documentary taxes and all other fees including recording as may be necessary. 15. The CITY shall provide a grant to the LIBRARY of up to $2.5 million dollars to be put in the LIBRARY construction loan account for library construction pursuant to the terms of this Agreement and Exhibits attached hereto, which includes the Construction Agreement attached hereto and hereby incorporated as if fully set forth herein as Exhibit "H". The CITY may disburse all or part of the funds pdor to July 1, 2004, but shall not be required to disburse prior to July 1, 2004 any of the $2.5 million dollars or the $800,000.00 bridge loan referenced in Paragraph 13 above. 16. If any funds remain due and owing after the LIBRARY obtains a certificate of occupancy that are not timely made when due or made 90 days after notice of default is delivered, the CITY shall invoke the remedies under the Tripartite and Interlocal Agreement. The Lease shall be terminated and the option rights shall automatically be null and void. The CITY shall have full title to the property and building, including the books, furniture and equipment which is the collateral for all funds uncollected by the CITY from LIBRARY. The LIBRARY'S long term lease and option to purchase shall be void. 17. The CRA shall pay to the CITY a total of $666,000.00 dollars towards the CITY'S $2.5 million dollar commitment to the LIBRARY, in addition to the monies to be paid by the CRA as set forth in Exhibit "C" hereto. The CRA shall pay the $666,000.00 to the CITY in one lump sum within 5 business days of the City's written request for the funds. The CITY shall deposit the funds in the Library Building Fund to be used for construction of the LIBRARY. The CITY will expend the CITY'S contribution and the ]0 LIBRARY'S initial contribution pdor to making the wdtten request for the lump sum payment. 18. The LIBRARY, in consideration of the promises set forth herein agrees to give to the CITY right to use one hundred seventy (137) of the LIBRARY 170 parking spaces ten (10) days each calendar year during normal business hours after the new library and parking is constructed (subject to the CITY'S dghts in the event of a breach to retain the entire sight). This use is additional to the CITY'S use of the parking lot pursuant to its agreements with the County. The parties will meet within thirty (30) days after the date of the CITY'S notice to the LIBRARY of its need to use the parking spaces to work out the logistics of such use with the LIBRARY and the LIBRARY agrees that if no other accommodations can be worked out within a period of ten (10) days from the date of said meeting that the LIBRARY will be closed or part of the LIBRARY will be closed to accommodate the CITY'S use of the spaces during the time the CITY so designates. This right of use by the CITY shall continue for as long as the CITY determines it needs the spaces. It is the duty of the LIBRARY to work with the county and enter any agreements it deems necessary with the County in order to make sure the CITY has the dght to use the 137 spaces as herein provided. 19. LIBRARY agrees that if any taxes, fees or special assessments or charges of any kind or nature are assessed against any transaction covered by this Agreement or any attachments or amendments thereto, by any governmental entity that LIBRARY shall pay all such taxes, assessments, fees and charges, or deposit with the ]! CITY sufficient funds to pay all such taxes, assessments, fees and charges that will be disbursed by the CITY. 20. This Agreement and attachments hereto constitute the entire agreement of the parties. To be effective, any modifications shall be in writing and signed by parties and by persons with authority to bind the parties. Modifications to any exhibits shall be in wdting and shall be deemed to be included and incorporated herein without the need to amend the Tripartite and Interlocal Agreement; however, all parties to the Tripartite and Interlocal Agreement shall be notified and presented with a copy of the modified exhibit. 21. This Agreement shall not be effective until signed by all parties. 22. Upon full execution of this Agreement, this Agreement (less attachments) shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By:. Jeff Perlman, Mayor City Attomey ATTEST: Pdnt Name: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: John D. Weaver, Chairman 12 Approved as to Form: Attested by: Print Name: DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. By: Print Name: It's President ]3 EXHIBIT "A" TO TRIPARTITE AND INTERLOCAL AGREEMENT BUSINESS LEASE THIS AGREEMENT, entered into this __ day of ,2003 between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter called the Lessor, party of the first part, and DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., of the County of Palm Beach and State of Florida, hereinafter called the Lessee or tenant, party of the second part: WlTNESSETH, That the said Lessor does this day lease unto said Lessee, and said Lessee does hereby hire and take as tenant under said Lessor approximately __ square feet of space located at , to be used and occupied by the Lessee for the purpose of and for no other purposes or uses whatsoever, for the term beginning on and terminating on the earlier of (i) 180-days written notice from the Lessee or (ii) three (3) years from the effective date of this Lease, at and for the agreed total rental of one dollar ($1.00). The following express stipulations and conditions are made a part of this lease and are hereby assented to by the Lessee: FIRST: The Lessee shall not assign this lease, nor sub-let the premises, or any part thereof nor use the same, or any put thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipulated, nor make any alterations therein, and all additions thereto, without the written consent of the Lessor, and all additions, fixtures or improvements which may be made by Lessee except movable office furniture, shall become the property of the Lessor and remain upon the premises as a part thereof, and be surrendered with the premises at the termination of this lease. SECOND: All personal property placed or moved in the premises above described shall be at the risk of the Lessee or owner thereof; and Lessor shall not be liable for any damage to said personal property, or to the Lessee arising from the bursting or leaking of water pipes, or from any act of negligence of any co-tenant or occupants of the building or of any other person whomsoever. THIRD: That the tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and City Government and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said promises during said team; and shall also promptly comply with and execute ail rules, orders and regulations of the applicable fire prevention codes for the prevention of fires, at its own cost and expense. FOURTH: The prompt payment of the rent for said premises upon the dates named, and the faithful observance of the rules and regulations printed upon this lease, and which are hereby made a part of this covenant, and of such other and further rules or regulations as may be hereafter made by the Lessor, are the conditions upon which the lease is made and accepted and any failure on the part of the Lessee to comply with the terms of said lease, or any of said rues and regulations now in existence, or which may be hereafter prescribed by the Lessor, shall at the option of the Lessor, work a forfeiture of this contract, and all of the rights of the Lessee hereunder. FIFTH: If the Lessee shall abandon or vacate said premises before the end of the term of this lease, or shall suffer the rent to be in arrears, the Lessor may, at his option, forthwith cancel this lease or he may enter said premises as the agent of the Lessee, without being liable in any way therefor, and relet the premises with or without any furniture that may be therein, as the agent of the Lessee, at such price and upon such terms and fee such duration of time as the Lessor may determine, and receive the rent therefor, applying the same to the payment of the rent due by these presents, and if the full rental herein provided shall not be realized by Lessor over and above the expenses to Lessor in such re-letting, the said Lessee shall pay any deficiency, and if more than the full rental is realized Lessor will pay over to said Lessee the excess of demand. SIXTH: Lessee agrees to pay the cost of Lessor's reasonable attorneys' fee incurred as a result of any litigation arising out of this "Business Lease." SEVENTH: The Lessee agrees that he will pay all charges for rent, gas, electricity or other illumination, and for all water used on said premises, and should said charges for rent, light or water herein provided for at any time remain due and unpaid for the space of five days after the same shall have become due the Lessor may at its option consider the said Lessee tenant at sufferance and the entire rent for the rental pedod then next ensuing shall at once be due and payable and may forthwith be collected by distress or otherwise. EIGHTH: The said Lessee hereby pledges and assigns to the Lessor all the fumiture, fixtures, goods, and chattels of said Lessee, which shall or may be brought or put on said premises as secudty for the payment of the rent herein reserved, and the Lessee agrees that the said lien may be enfomed by distress foreclosure or otherwise at the election of the said Lessor, and does hereby agree to pay attorney's fees of ten pement of the amount so collected or found to be due, together with all costs and charges therefore incurred or paid by the Lessor. NINTH: The Lessor or any of his agents, shall have the dght to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises. The dght of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this Agreement, or to the rules or regulations of the building. TENTH: Lessee hereby accepts the promises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, excepting only reasonable wear and tear arising from the use thereof under this Agreement, and to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the building, caused by any act or neglect of Lessee, or of any person or persons in the employ or under the control of the Lessee. ELEVENTH: It is expressly agreed and understood by and between the parties to this Agreement, that the landlord shall not be liable for any damage or injury by water, which may be sustained by the said tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of the water, sewer or soil pipes, or other leakage in or about the said building. TWELFTH: If the Lessee shall became insolvent or if bankruptcy proceedings shall be begun by or against the Lessee, before the end of said term the Lessor is hereby irrevocably authorized at its option, to forthwith cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other judicial officer during the term of their occupancy in their fiduciary capacity without affecting Lessor's rights as contained in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest in or to the above described property by virtue of this Contract. THIRTEENTH: Lessee hereby waives and renounces for himself and family any and all homestead and exemption rights he may have now, or hereafter, under or by virtue of the constitution and laws of the State of Florida, or of any other State, or of the United States, as against the payment of said rental or any portion hereof, or any other obligation or damage that may accrue under the terms of this Agreement. FOURTEENTH: This Contract shall bind the Lessor and its assigns or successors, and the heirs, assigns, personal representatives, or successors as the case may be, of the Lessee. FIFTEENTH: It is understood and agreed between the parties hereto that time is of the essence of this Contract and this applies to all terms and conditions contained herein. SIXTEENTH: It is understood and agreed between the parties hereto that written notice mailed or delivered to the premises leased hereunder shall constitute sufficient notice to the Lessee and written notice mailed or delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the term of this contract. SEVENTEENTH: The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. EIGHTEENTH: It is further understood and agreed between the parties hereto that any charges against the Lessee by the Lessor for services or for work done on the premises by order of the lease or otherwise accruing under this Contract shell be considered a rent due and shall be included in any lien for rent due and unpaid. NINETEENTH: It is hereby understood and agreed that any signs or advertising to be used, including awnings, in connection with the promises leased hereunder shall be first submitted to the Lessor for approval before installation of same. TWENTIETH: Notwithstanding any other provision of this lease to the contrary, the Lessee shall be responsible for the payment of all electric, gas, telephone and other public utilities furnished to the demised premises TWENTY-FIRST: Notwithstanding any other provision of this lease to the contrary, the Lessee shall be responsible for maintaining the interior of the demised premises, including but not limited to the air conditioning system servicing the subject demised premises. TWENTY-SECOND: Notwithstanding any other provision of this lease to the contrary, the Lessee shall be responsible for maintaining and paying for casualty insurance for the leased premises replacing any breakage of plate glass appurtenant to the subject demised premises. TVVENTY-THIRD: The Lessee agrees that as a condition to this lease, the Lessee shall at all times during the term hereof maintain public liability insurance with limits of not less than $1 million for individual claims/S1 million for aggregate claim resulting from personal injuries or Properly damage occurring on or within the subject demised promises and such insurance policy shall expressly name the Lessor as a coinsured and the Lessee shall furnish the Lessor with a cement certificate of such insurance within five (5) days from the execution of this Lease. TWENTY-FOURTH: The Lessee is hereby prohibited from making any improvements to the subject real property without the written consent of the Lessor. In the event a Claim of Lien shall be recorded against the subject property as a result of any of Lessee's actions and such Lien shall not be discharged of record within ten (10) days thereafter, the Lessee shall be deemed to be in default pursuant to the terms of this Lease. TWENTY-FIFTH: Notwithstanding any provision of this Lease to the contrary the leased premises are accepted by Lessee in their "as is" condition and Lessee shall be solely responsible for the maintenance and repairs required with respect thereto. TWENTY-SIXTH: In the event the Delay Beach Public Library Association. Inc., as Lessee, through no fault of its own, shall not obtain the Certificate of Occupancy to the public library being constructed on Parcel Three as defined and referred to in that certain Tripartite and Interlocal Agreement to which this Business Lease is attached, by the expiration of this Lease, then the said Delray Beach Public Library Association, Inc., shall have the right to extend this Business Lease upon the same terms and conditions set forth herein for an additional period of IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. Signed sealed and delivered in the presence of: As to Lessor: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Print Name: By: Print Name: Title: Print Name: Pdnt Name: Print Name: As to Lessee: DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC, By: Pdnt Name: Title: EXHIB~ "B" EXHIBIT "B" TO TRIPARTITE AND INTERLOCAL AGREEMENT LEASE This lease ("Lease") is made on the day of ,2003, between CITY OF DELRAY BEACH, a Florida municipal corporation, with a principal place of business at 100 N.W. First Avenue, Delray Beach, Florida, and DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., a Flodda corporation ("Lessee"), with a principal place of business at ARTICLE 1. LEASED PREMISES Description of Pramlses 1.01. Lessor leases to Lessee, and Lessee rents and accepts from Lessor, a parcel of land in Delray Beach, County of Palm Beach, State of Florida ("Leased Land"), legally described in Exhibit A, attached to this Lease and made a part of it which includes the library building and parking spaces. If abandoned, the east/west alleyway shall revert in accordance with law to the appropriate party. If it reverts to the City, the Library's lease hold interest shall include the alleyway. Land Subject to Liens, Encumbrances, and Other Conditions 1.02. This Lease and the Leased Land are subject to all present liens, encumbrances, conditions, rights, easements, restrictions, rights of way, covenants, other matters of record, and zoning and building laws, ordinances, regulations, and codes affecting or governing the Leased Land or that may affect and govern the Leased Land after the execution of this Lease, and all matters that may be disclosed by inspection or survey. ARTICLE 2. TERM AND RENT Term of Lease and Option 2.01. Lessee's obligation to pay rent and occupy the Leased Land in accordance with this Lease shall be for a term of ninety-nine (99) years ('Term"), commencing on the date the Lessee obtains a certificate of occupancy and ending at the end of the 99 years, unless terminated at an earlier date for any reason set forth in this Lease or the Tripartite and Interlocal Agreements and exhibits thereto. If the library obtains a certificate of occupancy and the Lease commences, and further provided that Lessee shall not be in default of the terms of this Lease or the Tripartite and Interlocal Agreement and exhibits thereto, the Lessee has the option, within twenty (20) years after the effective date of the Lease Term, to purchase the property under the terms set forth in Exhibit "B" hereto. Holdover 2.02. If Lessee holds over after the expiration of the Lease Term and continues to pay rent without objection from Lessor, then Lessee's tenancy shall be from month to month on all the terms and conditions of this Lease. Rent 2.03. Lessee shall pay rent to Lessor, without notice or demand and without abatement, reduction, or setoff for any reason, at the office of Lessor or any other place that Lessor may designate in writing. The rent shall be payable at the annual rate of One Dollar ($1.00) per year payable on the commencement of this Lease and on each anniversary thereof. ARTICLE 3. USE AND CONSTRUCTION OF IMPROVEMENTS Primary Uss 3.01. Lessee shall have the right to use the Leased Land for the operation of a public library. In this connection, and without detracting from the foregoing, it is understood and agreed that the primary purpose for which the Leased Land has been leased is for the development and construction of a public library. Any other primary use shall be subject to the consent of Lessor in writing. Lessor's consent shall not be unreasonably withheld. Lessee's Right to Construct Buildings and Other Improvements 3.02. Lessee shall have the right to construct structures, buildings, and other improvements ("Improvements*) on the Leased Land, at Lessee"s sole cost and expense, with the prior approval of Lessor. In connection with any construction, Lessee shall be permitted to grade, level, and fill the land, remove trees and shrubs, install roadways and walkways, and install utilities, provided all of the foregoing serve the Improvements erected on the Leased Land. Lessor shall have no liability for any costs or expenses in connection with the construction of Improvements on the Leased Land. The Lessor shall execute all consents necessary for Lessee to obtain permits, licenses, utilities, etc. ARTICLE 4. OPERATING COSTS AND IMPOSITIONS Rent to Be Absolutely Net 4.01. The rent paid to Lessor in accordance with Article 2 of this Lease shall be absolutely net to Lessor. This means that, in addition to the rent, Lessee shall be responsible for performing and paying all "Operating Costs" and "Impositions" defined in Paragraphs 4.02 and 4.03, below, in connection with the Leased Land. Definition of Operating Costs 4.02. "Operating Costs" shall include, but shall not be limited to, all expenses paid or incurred in connection with the following activities: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Repairs, maintenance, replacements, painting, and redecorating. Landscaping. Insurance. Heating, ventilating, and air conditioning repair and maintenance. Water, sewer, gas, electricity, fuel oil, and other utilities. Rubbish removal. Supplies and sundries. Sales or use taxes on supplies or services. Notwithstanding any other provision of this Lease to the contrary, the Lessee shall be responsible for the payment of all ad valorem taxes and assessments. Costs of wages and salaries for all persons engaged in the operation, maintenance, and repair of the Leased Land, including fringe benefits and social security taxes. All other expenses, whether or not mentioned in this Lease, that are incurred with regard to operation of the Leased Land, including any replacements if necessary for repairs and maintenance or otherwise. Definition of Impositions 4.03. "Impositions" shall include all fines and levies that result from construction activities or the normal operation of the premises on the Leased Land, all real estate property taxes, assessments, and other governmental charges that are laid, assessed, levied, or imposed on the Leased Land and become due and payable during the Term of this Lease, or any lien that arises during the time of this Lease on the Leased Land and Improvements, any portion of these, or the sidewalks or streets in front of or adjoining the Leased Land and Improvements. ARTICLE 5. LAWS AND GOVERNMENTAL REGULATIONS Compliance With Legal Requirements 5.01. Lessee shall promptly comply with all laws and ordinances, and all orders, rules, regulations, and requirements of federal, state, and municipal governments and appropriate departments, commissions, boards, and officers of these governments (Legal Requirements") throughout the Term of this Lease, and without cost to Lessor. Lessee shall promptly comply with these Legal Requirements whether they are foreseen or unforeseen, or ordinary or extraordinary. Contest of Legal Requirements 5.02. Lessee shall have the right, after prior written notice to Lessor, to contest the validity of any Legal Requirements by appropriate legal proceedings, provided Lessor shall not be subject to any criminal or civil liability as a result of any legal contest. Lessee shall indemnify and hold Lessor harmless from all loss, claims, and expenses, including reasonable attorneys' fees, as a result of Lessee's failure to comply with Legal Requirements or any contest relating to Legal Requirements. ARTICLE 6. LIENS AND ENCUMBRANCES Creation Not Allowed 6.01. Lessee shall not create, permit, or suffer any mechanics' or other liens or encumbrances on or affecting the Leased Land or the fee estate or reversion of Lessor except as specifically permitted in this Lease. Discharge After Filing or Imposition 6.02. If any lien or encumbrance shall at any time be filed or imposed against the Leased Land or the fee estate or reversion of Lessor, Lessee shall cause the lien or encumbrance to be discharged of record within forty-five (45) days after notice of the filing or imposition by payment, deposit, bond, order of a court of competent jurisdiction, or as otherwise permitted by law. If Lessee shall fail to cause the lien or encumbrance to be discharged within the forty-five (45) day period, then in addition to any other right or remedy of Lessor, Lessor shall be entitled but not obligated to discharge the lien or encumbrance either by paying the amount claimed to be due or by procuring the discharge by deposit or by bonding proceedings. In any event, Lessor shall be entitled to compel the prosecution of an action for the foreclosure of any lien or encumbrance by the lienor and to pay the amount of the judgment for and in favor of the lienor with interest, costs, and allowances if Lessor elects to take this action. All amounts paid by Lessor and all of its costs and expenses in connection with the actions taken by Lessor, including court costs, reasonable attorneys' fees, and interest at the highest legal rate in effect at the time these moneys are due, shall be deemed to be additional rent under this Lease and shall be paid by Lessee to Lessor promptly on demand by Lessor. 4 Lessor Not Liable for Labor, Services, or Materials Furnished to Lessee 6.03. Lessor shall not be liable for any labor, services, or materials furnished or to be furnished to Lessee or to any sublessee in connection with any work performed on or at the Leased Land, and no mechanics' lien or other lien or encumbrance for any labor, services, or materials shall attach to or affect Lessor's fee estate or reversion in the Leased Land. ARTICLE 7. INSURANCE AND INDEMNITY Fire and Extended Coverage 7.01. At all times during the Term of this Lease, Lessee shall maintain, at its sole cost, insurance covering the Improvements including, without limitation, all Improvements now located on the Leased Land or that may be erected on the Leased Land, against loss or damage by fire, vandalism, malicious mischief, windstorm, hail, smoke, explosion, riot, civil commotion, vehicles, airy, flood, or earthquake, together with any other insurance that Lessor may require from time to time. The insurance shall be carried by insurance companies authorized to transact business in Florida, selected by Lessee and approved by Lessor and any Lender under Article 10 of this Lease. In addition, the following conditions shall be met: (a) The insurance shall be in amounts no less than one hundred percent (100%) of the replacement cost of the buildings and other improvements, exclusive of foundations and below-ground improvements (but sufficient to satisfy the requirements of any coinsurance clause). (b) The insurance shall be maintained for the mutual benefit of Lessor and Lessee, any succeeding owners of the fee title in the Leased Land, and any successors and assigns of this Lease. The insurance policy or policies shall name both Lessor and Lessee as insureds. (c) Any and alt fire or other insurance proceeds that become payable at any time during the Term of this Lease because of damage to or destruction of any Improvements on the Leased Land shall be paid to Lessee and applied by Lessee toward the cost of repairing, restoring, and replacing the damaged or destroyed Improvements in the manner required by Article 8 of this Lease. However, if Lessee elects to exemise the option given under Article 8 of this Lease to terminate this Lease because of damage to or destruction of Improvements, then any and all fire or other insurance proceeds that become payable because of that damage or destruction shall be applied as follows: (1) Proceeds shall be applied first toward the reduction of the unpaid principal balance of any and all obligations secured pursuant to Article 10 of this Lease. (2) The balance of the proceeds, if any, shall be paid to Lessor to compensate Lessor, at least in part, for the loss to the fee estate and the balance to Lessee to compensate for the value of the damaged or destroyed Improvements. Property and Personal Injury Liability Insurance 7.02. At all times dudng the Term of this Lease, Lessee shall maintain, at its sole cost, comprehensive broad-form general public liability insurance against claims and liability for personal injury, death, and property damage arising from the use, occupancy, disuse, or condition of the Leased Land and Improvements, and adjoining areas. The insurance shall be carried by insurance companies authorized to transact business in the State of Florida, selected by Lessee and approved by Lessor and any Lender under Article 10 of this Lease. Lessor's approval shall not be unreasonably withheld. In addition, the following conditions shall be met: (a) The insurance provided pursuant to this Paragraph 7.02 shall be in an amount no less than $ for property damage, and in an amount no less than $. for one person and $. for one accident for personal injury. (b) The insurance shall be maintained for the mutual benefit of Lessor and Lessee, any succeeding owners of the fee title in the Leased Land, and any successors and assigns of this Lease. The insurance policy or policies shall name both Lessor and Lessee as insureds. (c) The amounts of insurance shall be increased as Lessor may reasonably require from time to time to account for inflation, or generally increased insurance settlements or jury verdicts. Construction Liability Insurance 7.03. Lessee agrees to obtain and maintain (to the extent reasonably procurable) construction liability insurance at all times when demolition, excavation, or construction work is in progress on the Leased Land. This insurance shall be carried by insurance companies authorized to transact business in the State of Flodda, selected by Lessee and approved by Lessor, and shall be paid for by Lessee. Lessor's approval shall not be unreasonably withheld. The insurance shall have limits of no less than $ for propedy damage, and $. for one person and $ for one accident for personal injury. The insurance shall be maintained for the mutual benefit of Lessor and Lessor, as well as for any succeeding owners of the fee title in the Leased Land, and for any successors and assigns of this 6 Lease, against all liability for injury or damage to any person or property in any way arising out of demolition, excavation, or construction work on the premises. The insurance policy or policies shall name both Lessor and Lessee as insureds. Certificates of Insurance 7.04. Lessee shall furnish Lessor with certificates of all insurance required by this Article 7. Lessee agrees that if it does not keep this insurance in full force and effect, Lessor may notify Lessee of this failure, and if Lessee does not deliver to Lessor certificates showing all of the required insurance to be in full force and effect within ten (10) days after this notice, Lessor may, at its option, take out and pay the premiums on the insurance needed to fulfill Lessee's obligations under the provisions of this Article 7. On demand from Lessor, Lessee shall reimburse Lessor the full amount of any insurance premiums paid by Lessor, with interest at the rate of twelve percent (12%) until reimbursement by Lessee. Indemnification of Lessor 7.05. Lessor shall not be liable for any loss, damage, or injury of any kind or character to any person or property arising from any use of the Leased Land or Improvements, or caused by any defect in any building, structure, equipment, facility, or other improvement on the Leased Land, or caused by or arising from any act or omission of Lessee, or any of its agents, employees, licensees, or invitees, or by or from any accident, fire, or other casualty on the land, or occasioned by the failure of Lessee to maintain the premises in safe condition. Lessee waives all claims and demands on its behalf against Lessor for any loss, damage, or injury, and agrees to indemnify and hold Lessor entirely free and harmless from all liability for any loss, damage, costs, or injury of other persons, and from ail costs and expenses arising from any claims or demands of other persons concerning any loss, damage, or injury, caused other than by the negligent or intentional act or omission of Lessor. ARTICLE 8. DAMAGE OR DESTRUCTION OF IMPROVEMENTS Destruction or Forty Percent (40%) Damage 8.01. In the event that the Improvements are completely destroyed, or are damaged in excess of forty percent (40%), due to any cause whatsoever, the Lessee may at its own expense repair, restore, or replace the destroyed propedy if Lessee deems it practical or advisable to do so, and this Lease shall continue in full force and effect. If Lessee deems it impractical or inadvisable to repair, restore, or replace the destroyed property, this Lease shall terminate on sixty (60) days' written notice to Lessor and any lender under Article 10 of this Lease. 7 Damage Less Than Forty Percent (40%) 8.02. In the event that damage to the Improvements due to any cause whatsoever is not in excess of forty pement (40%), Lessee shall at its own expense repair, restore, or replace the damaged Improvements with due diligence, and this Lease shall continue in full force and effect. Definitions 8.03. The phrase "completely destroyed" shall be construed to mean the destruction of the safe, tenantable use of occupancy of all Improvements under this Lease. The phrase "damaged in excess of forty percent (40%)" shall be construed to mean any damage to the Improvements (excluding damage caused solely by water used in extinguishing fire) that will require an expenditure in excess of forty percent (40%) percent of the market value (immediately prior to the damage) of the Improvements to accomplish required repairs, restoration, or replacement. ARTICLE 9. CONDEMNATION Interests of Parties 9.01. If the Leased Land and Improvements or any part of these premises is taken for public or quasi-public purposes by condemnation in any action or proceeding in eminent domain, or is transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain, the interests of Lessor and Lessee in the award or consideration for the taking or transfer and the effect of the taking or transfer on this Lease shall be governed by this Article 9. Termination on Taking 9.02. If all or substantially all of the Leased Land and Improvements are taken or transferred as described in Paragraph 9.01, this Lease and all of the rights, title, and interest under this Lease shall cease on the date that title to the Leased Land and Improvements vests in the condemning authority. ARTICLE 10. LEASEHOLD MORTGAGES Leasehold Mortgages Prohibited 10.01. Except as specifically provided otherwise in this Lease, Lessee shall not be permitted to mortgage Lessee's leasehold interest in the Leased Land or Buildings without Lessor's consent or approval. 8 ARTICLE 11. DEFAULT Events of Default 11.01. (a) Any one or more of the events listed in Subparagraphs (b) through (f) of this Paragraph 11.01 shall constitute a default under this Lease. (b) Lessee's failure to pay rent within sixty days (60) after the rent becomes due and payable in accordance with the terms, covenants, and agreements of this Lease shall constitute a default under this Lease. (c) Lessee's failure to observe or perform or cause to be observed or performed any other term, covenant, or agreement under this Lease, and the Tripartite and Interiocal Agreement and exhibits thereto, the Security Agreement and the Promissory Note, and continuation of this failure for a period of ninety days (90) after Lessor's written notice to Lessee specifying the nature of Lessee's failure shall constitute a default under this Lease. However, a failure as described in this Subparagraph (b) shall not constitute a default if it is curable but cannot with reasonable diligence be cured by Lessee within a period of ninety (90) days, and if Lessee proceeds to cure the failure with reasonable diligence and in good faith. (d) Lessee's abandonment of the Leased Land and Improvements shall constitute a default under this Lease. For the purposes of this Lease, "abandonment" shall be defined as Lessee's failure to begin construction of Improvements within eighteen (18) months following the date of this Lease. (e) The occurrence of both of the following events at the date of the commencement of this Lease or during its effective Term shall constitute a default under this Lease: '(1 ) Filing of a petition in bankruptcy or insolvency, for reorganization or the appointment of a receiver or trustee of all or a portion of Lessee's property, by or against Lessee in any court pursuant to any statute either of the United States or of any state. (2) Lessee's failure to secure a dismissal of the petition within sixty (60) days after its filing. (f) Lessee's assignment of the leasehold interest under this Lease for the benefit of creditors shall constitute a default under this Lease. 9 Notice of Election to Terminate Lessee's Possession 11.02. Subject to the provisions of Article 11, if any event creating default occurs, Lessor may elect to terminate Lessee's right of possession under this Lease after three hundred sixty (360) days from the date of service of notice of the election. If this notice is given, all of Lessee's rights, title, and interest in the Leased Land and Buildings shall expire completely at the expiration of the three hundred sixty (360) days, and Lessee shall quit and surrender the Leased Land and any Improvements erected on the Leased Land to Lessor. Lessor's Entry After Termination of Lessee's Possession 11.03. At any time after the termination of Lessee's dght of possession under this Lease pursuant to Paragraph 11.02 of this Lease, Lessor may enter and possess the Leased Land and Improvements by summary proceedings, ejectment, or otherwise, and Lessor may remove Lessee and all other persons and property from the Leased Land and Improvements. If Lessor takes the actions described in this Paragraph 11.03, Lessor may then possess the Leased Land and Improvements and assume the right to receive all rents, income, and profits from the Leased Land and Improvements, and Lessor may also sell any of the improvements. Lessee's Liability for Accrued Rent 11.04. The expiration of this Lease or termination of Lessee's right of possession pursuant to Paragraphs 2.01 or 11.02 of this Lease shall not relieve Lessee of its liability and obligation to pay the rent and any other charges accrued prior to these events, or relieve Lessee of liability for damages for breach. These liabilities and obligations of Lessee shall survive any expiration or termination of the Lease or any entry and possession by Lessor. Reletting Land and Improvements 11.05. After the expiration of this Lease or termination of Lessee'e right of possession under this Lease pursuant to Paragraphs 2.01 or 11.03, Lessor shall use reasonable efforts to mitigate damages by reletting the Leased Land and Improvements, in whole or in part, either in its own name or as agent of Lessee, for a term or terms that, at Lessor's option, may be for the remainder of the then-current Term of this Lease or for any longer or shorter period. Rent From Relettlng 11.06. Lessee shall be entitled to a credit if the rent received on reletting exceeds the rent required pursuant to this Lease. Lessee shall remain liable for the difference between the rent reserved under this Lease, and the rent collected and received, if any, 10 by Lessor during the remainder of the unexpired term. Lessor shall have the option of collecting the deficiency between the rent reserved and the rent collected in monthly payments as these payments become due and payable, or of receiving in advance the deficiency for the remainder of the Term reduced to present value at the rate of twelve percent (12°x) per year. Costs Incurred Due to Breach 11.07. Lessee expressly agrees to pay all expenses that Lessor may incur for reasonable attorneys' fees or brokerage commissions, and all other costs paid or incurred by Lessor for enforcing the terms and provisions of this Lease. ARTICLE 12. EXPIRATION OF TERM Lessee's Delivery of Possession After Termination or Expiration 12.01. On the expiration date of this Lease as set forth in Paragraph 2.01 of this Lease, or the termination of Lessee's possession under this Lease pursuant to Paragraph 11.03, or any entry or possession of the Leased Land and Improvements by Lessor pursuant to Paragraph 11.03 (collectively referred to as the "Expiration Date"), Lessee shall promptly quit and surrender the Leased Land and Improvements, and deliver to Lessor actual possession and ownership of the Leased Land and Improvements in good order, condition, and repair. Lessee's Removal of Movable Objects 12.02. Lessee shall have the right to remove from the Leased Land and Improvements all movable trade fixtures, movable equipment, and articles of personal property used or procured for use in connection with the operation of its business on or before the Expiration Date, provided that Lessee shall promptly repair, or cause to be repaired, any damage resulting to the Leased Land or Improvements by reason of this removal. Any trade fixtures, equipment, or articles of personal property of Lessee that remain at or on the Leased Land after the Expiration Date shall be deemed to have been abandoned by Lessee, and may either be retained by Lessor as its property or disposed of by Lessor without accountability to Lessee for the value of these trade fixtures, equipment, or articles of personal property, or any proceeds derived from the sale of these items. ARTICLE 13. GENERAL PROVISIONS No Waiver of Breach by Lessor's Actions 13.01. The failure of Lessor to seek redress for violation of, or to insist on the strict performance of any covenant, agreement, term, provision, or condition of this Lease shall not constitute a waiver of the covenant, agreement, term, provision, or condition. The receipt by Lessor of rent with knowledge of the breach of any covenant, agreement, term, provision, or condition of this Lease shall not be deemed a waiver of that breach. Waiver of Any Provision Must Be Written 13.02. No provision of this Lease shall be deemed to have been waived, unless the waiver is in writing and signed by the party against whom enforcement is sought. No payment by Lessee or receipt by Lessor of a lesser amount than the rent stipulated in this Lease shall be deemed to be other than for the payment of rent or other charge owing by Lessee, as Lessor shall elect. No endorsement or statement on any check or any letter accompanying any check or payment as rent shall be deemed binding on Lessor or deemed an accord and satisfaction, and Lessor may accept a check or payment from Lessee without prejudice to Lessor's right to recover the balance of the rent or other charges owing by Lessee, and without limitation on Lessor's right to pursue each and every remedy in this Lease or provided by law. Each right and remedy of Lessor provided for in this Lease shall be cumulative and in addition to every other right or remedy provided for in this Lease, or now or later existing at law, in equity, by statute, or otherwise. Entire Agreement 13.03. This Lease and the Exhibits annexed to this Lease contain the entire agreement between Lessor and Lessee, and any agreement made after the execution of this Lease between Lessor and Lessee shall be ineffective to change, modify, waive, release, discharge, terminate, or effect a surrender or abandonment of this Lease, in whole or in part, unless that agreement is in writing and signed by the party against whom enforcement is sought. Notices 13.04. All notices and demands of any kind that either party may be required or may desire to give to the other in connection with this Lease must be given by registered or certified mail, return receipt requested, with postage fully prepaid, and addressed to the party to be served at the party's address as set forth above. Any notice shall be deemed received on first attempted delivery. Any party may change the address to which notices to that party are to be directed by notice given in the manner provided in this Paragraph 13.04. Lessor's Entry and Inspection of Premises 13.05. Lessor, or its agents or designees, shall have the right to enter the Leased Land and Improvements during reasonable business hours for inspection, or to complete any work that may be necessary because of Lesses's default under any of the terms, covenants, and conditions of this Lease continuing beyond the applicable periods of grace, or to exhibit the Leased Land and Improvements to potential buyers and agents. Partial Invalidity or Unenforceability 13.06. If any term, covenant, or condition of this Lease shall be invalid or unenforceable to any extent, the remainder of the terms, covenants, and conditions of this Lease shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Meaning of Term "Lessor" 13.07. The term "Lessor," as used in this Lease in relation to Lessor's covenants and agreements under this Lease, shall be limited to mean and include only the owner or owners of the fee title to the Leased Land at the time in question. In the event of any conveyance of this fee title, Lessor named in this Lease and each subsequent grantor shall be automatically relieved, at the date of the conveyance, of all liability in respect to the performance of' any of Lessor's covenants and agreements remaining to be performed after the date of conveyance, and each grantee shall be bound by all of the covenants and agreements remaining to be performed under the Lease during the time of grantee's ownership. Satisfaction of Judgment Against Lessor 13.08. Anything contained in this Lease to the contrary notwithstanding, Lessee agrees to look solely to the Leased Land and Lessor's interest in the Leased Land for the collection and satisfaction of any judgment that Lessee may obtain against Lessor because of Lessor's failure to observe or perform any of its covenants or obligations under this Lease, including, but not limited to, the breach of the covenant of quiet enjoyment, whether express or implied. If Lessee receives any judgment resulting from Lessor's failure to observe or perform any of its covenants or obligations under this Lease, Lessee further agrees not to collect or execute, or attempt to collect or execute, that judgment out of or against any other assets or properties of Lessor. Individuals Benefited by Lease 13.0g. This Lease shall inure to the benefit of and be binding on Lessor and Lessee and their respective distributees, personal representatives, executors, successors, and assigns except as otherwise provided in this Lease. Assignment and Subletting 13.10. This Lease and the Term and estate granted by this Lease, or any part of this Lease or that Term and estate, may not be subleased or assigned, without Lessor's wdtten consent which such consent may be arbitrarily withheld. Attomment of Sublessee 13.11. All subleases shall provide that in the event of cancellation, termination, expiration, or surrender of this Lease, the sublessee will attorn to and recognize Lessor, or any assignee of Lessor, as Lessor under this Lease for the balance then remaining of the Term of this Lease, and subject to all terms of this Lease The provisions of this Paragraph 13.11 shall be automatic and no further instrument or document shall be necessary unless required by Lessor or any assignee of Lessor. Quiet Enjoyment 13.12. Lessor covenants and agrees that Lessee, on payment of the rent and other charges provided for in this Lease and fulfillment of the obligations under the covenants, agreements, and conditions of this Lease, shall lawfully and quietly hold, occupy, and enjoy the Leased Land during the Term of this Lease without any interference from anyone claiming through or under Lessor. ARTICLE 14. DOCUMENTATION AND RECORDING OF LEASE Memorandum of Lease and Recording 14.01 As soon as practicable after execution of this Lease, Lessor and Lessee shall execute, in recordable form, a Memorandum of Lease and Lessee shall record the Memorandum of Lease in the Public Records of Palm Beach County, Florida. ARTICLE 15. OPTION TO PURCHASE 15.01 The Lessee shall have an option to purchase the subject property for One Dollar ($1.00) at any time after twenty (20) years from the effective date of this Lease by providing an executed Contract for Sale and Purchase in form as attached to this Lease as Exhibit B provided the Lessee shall not be in default of the Lease or the Tripartite and Interlocal Agreement and exhibits thereto. 14 Lease IN WITNESS WHEREOF, Lessor and Lessee have executed and signed this or have caused this Lease to be executed and signed on LESSEE DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. By: Print Name: Title: LESSOR ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By:, Jeff Pedman, Mayor STATE OF FLORIDA COUNTY OF PALM BEACH I certify that on this day of ,2003, Jeff Perlman, as Mayor of the City of Delray Beach, __ who is personally known to me or__ who produced as identification and that he signed and delivered this instrument as the officer of the named corporation, and that this instrument is the voluntary act and deed of that corporation as authorized by its Board of Directors. Notary Public-State of Florida 15 STATE OF FLORIDA COUNTY OF PALM BEACH I certify that on this __ day of ., 2003, of the Delray Beach Public Library Association, Inc., __ who is personally known to me or__ who produced as identification and that he or she signed and delivered this instrument as the officer of the named corporation, and that this instrument is the voluntary act and deed of that corporation as authorized by its Board of Directors. Notary Public-State of Flodda 16 EXHIBIT A TO LEASE Lots 1 through 4, Block 53, TOWN OF LINTON, (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, less the right-of-way for West Atlantic Avenue. l? EXtHRIT B TO LEASE CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, ("Seller"), of 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone: 561-243-7000), and DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., ("Buyer"), of (Phone: ) hereby agree that the Seller shall sell and the Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). DESCRIlrrlON: (a) Legal description of the Real Property located in Palm Beach County, Florida: Lots 1 through 4, Block 53, TOWN OF LINTON, (now Delray Beach), according to the Plat thereof s recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, less the right-of-way for West Atlantic Avenue. Co) Street address, city, zip, of the Property is: (c) Personalty: 1I. PURCHASE PRICE: .................................... $ 1.00 PAYMENT: III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before , this offer will be withdrawn. The date of Contract ("Effective Date") will be the date when the Buyer gives notice of its exercise of the option to purchase under that certain Ground Lease between the Seller and the Buyer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE: With'm twenty-one (21) days after the effective date of this Contract, (CHECK ONLY ONE): [] Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR [] Buyer shall, at Buyer's expense obtain (CHECK ONLY ONE): [] abstract of title or (2) [] title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on not sooner than thirty (30) days after Buyer's exercise of the option to purchase and not later than one hundred fifty (150) days al~er Buyer's exercise of the option to purchase unless modified by other provisions of Contract. In any event the Seller would be given at least fifteen (15) days advance written notice. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take tire subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ~ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum); provided that there exists at closing no violation of the foregoing and none prevent use of Property for public library purposes. VH. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at the time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. VIII. TYPE1VRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with IX. RIDERS: (CHECK those Riders which are applicable AND are attached to this Contract): a)[3 "As Is" X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1){3 may assign and thereby be released from any further liability under this Contract provided that the assignment must occur at least ten (10) days prior to closing. XI. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantifies, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Health unit. CO) Buyer may have determined the energy efficiency rating of the residential building, if any, is located on the Real Property. (c) If the Real Property includes pre-1978 residential housing, then Paragraph X(h) is mandatory. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess (a) S-O-for treatment and repair under Standard D (if blank, then 2% of the Purchase Price). Co) $-0-for repair and replacement under Standard N (if blank, then 3% of the Purchase Price). X/II. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attached addendum and CHECK HERE [3 2 DELRAY BEACH PUBLIC LIBRARY CITY OF DELRAY BEACH, FLORIDA ASSOCIATION, INC. Buyer Social Security or Tax ID No. Date Seller Social Security or Tax ID No. Date 3 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH BUYER: DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. PROPERTY ADDRESS: XIV. SPECIAL CLAUSES (Continued): A. Thc property is being sold in its "as is" condition. B. The parties warrant and agree that there is no broker involved in this transaction. STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) An abstract of rifle prepared or brought current by a reputable and existing abstract fu'm (if not existing then certified as correct byan existing firm) purporting to be as accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date. It sh~ll conm~ence with the earliest public records, or such latar date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee unril fully Paid: (2) the rifle insurance commitTnent issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyers title to Real ProperLy, subject only to lieus, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qnalifications set forth in Contract. Marketable title shaLL be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, fi`om date of receiving evidence of title to examine it. If title is found detective, Buyer shaH, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 30 days fi`om receipt of norice to remove the defect(s), failing which Buyer shall, within five (5) days alter expirarion of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which SeLLer shall we diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails to so notify SeLLer, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in title within die time provided therefor. If Seller is unable to timely correct die defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller fi`om all further obligation under this Contract. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to SeLLer shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if second or lesser mortgage; shah provide for right of prepayment in whole or in part without penalty; shaLL permit acceleration in event of transfer of the Real Property; shall requh'e all prior lien and encumbrances to be kept in good standing and forbid modificarious of or future advances under prior mortgage(s); shall require Buyer to maintain policies of insurance centa~g a standard mortgagee clause covering all in~provements located on the Real Property against fire and ali perils included within the term "extended coverage endorsements" and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note and security agreement shaLL be othurwise in form and content required by Seller; but Seller may only require clauses customarily found in mortgages, mortgage notes, and security agreements generaLLy utilized by saving and loan institutions or state or national bank~ located in the county wherein Real Property is located. A11 Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment WILL exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, w/thin time allowed to deliver evidence of rifle, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that in~rovements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. E. INGRESS AND EGRESS: Seller wal~ants end represents that there is ingress and egress to the Real Property sufficient for the/ntendad use as described in Paragraph VII hereof, title to which is in accordance with Standard A. F. LE.*~ES: ~wv. ~ ............ , Y: .............. E~ - .................................. G. LIENS: Seller shall furnish to Buyer at time of closing as affidavit attastin§ to the absence, unless otherwise provided for herein, of eny f~nan¢ing statements, ch/ms of lien or potential lienors known to Seller end further attesting that there have been no improvements or repairs to Properly for 90 days/mmediately preceding date of closing. If Property has been/reproved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppl/era, end matefialmen in addition to Sellers lien affidavit settin§ forth the names of all such general contractors, subconlractors, suppliers end materialmen and further affinnint that all charges [or/mprovements or repairs wh/ch could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract. H. ?LACE OF CLOSING: Closing shall be held is the county where Real property is located, at the office of the attorney or other closing agent designated by Seller. L TIME: In computing time periods of less than six (6) days, Saturdays, Sundays end state or national legal holidays shall be excluded. Any time periods provided for herein winch shall end on Sat~day, Sunday or legal holiday stall extend to 5:00 p.w_ of the next business day. T/me is of the essence in this Contract. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgagee estoppel letters, end corrective insWaments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, end statements. EXPENSES: Documentary stamps on the deed end recording cur~ective insmunents shall be paid by Seller. Documentary stamps and intangible tax on the purchase money mortgage and eny mortgage assumed, and recording purchase money mortgage to Seller, deed end flnsncing statements shall be paid by Buyer. Uuless otherwise provided by law or rider to this Contract, charges for the following rehted tire services, namely tire or abstract charge, rifle examination, end settlement end closing fee, shall be paid by the party respons~le for furnishing the title evidence in accordance with Paragraph V. L. PRORATIONS; CREDITS: Taxes, assessments, ~nt, interest, insurence end other expenses end revenue of Property shall be prorated through day before closing. Buyer shall have the option to taking over eny existing policies of insurence, if assumable, in winch event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations to be made through day prior to closing or occopency if occupency occurs before closing. Advence rent end security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowence made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, end current year's assessments is available, taxes will be prorated based upon such assessment end the prior years mlllag . If current years assessment is not available, then taxes will he prorated on the prior years tax. If there are completed improvements on Real Property by Jenuary 1 st of year of closing, which improvements were not in existence on Jenuary 1st of the prior year, then taxes shall be prorated based upon the prior year's millage and at en equitable assessment to be agreed upon between the parties, failing which, request will be mede to the County Property Appraiser for en informal assessment taking into consideration available exemptions. Any tax proration based on en estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. M. SPECIAL ASSESSMENT LIENS: Certified, confumed end ratified special assessment liens as of date of alosing (not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall he assumed by Buyer. If the improvement has been substautialiy completed as of Effective Date, eny pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged en amount equal to the last estimate of assessment for the improvement by the public body. N. L~iSPECT!ON, p_Ep.~,_?..._ .~L~- ~..~,i..,i,E_N.~_~i. CE: ~. ........... ~. ..... ~ t ~ ~ ..... -~ ..... ~:-~ 2 ~,vv., ~- ;rrc~;;3, --- . ...... , T.--A*.--~ .vv~.~,, ......... , L' "'~ :~' O. ~K OF LO~: I~ ~ ~o~ is ~$c~ by ~c o~ o~c~ ca~ ~o~ clos~ ~ cost o~es~mdon ~oes not exceed ~% o~ ~c as~ss~ v~don o~ ~e Pm~ so ~ cost o~ ~cstomdon s~U ~c of ~e Se~er ~d clos~g s~H proceed p~t to ~e te~ of Con. act ~ restoration cos~ ~cro~d at clos~g. If~e cost of~e restoration exeee& 3% of~e assessed vflmfion of~e ~rove~nm so ~ge& Buyer ~ ~ve ~ option of ei&er ta~ing Prope~ as is, toge~ ~ ei&~ ~e 3% or ~y ~ce procee& payable by ~e of such loss or ~amage, or of c~cel~g Coneaet ~d reeeiv~g re~ of fl~osi~s). p. PROCEEDS OF S~E; CLOS~G PROCED~: ~ deed s~l ~ recorded upon cle~ee of ~&. If ~ abs~ct of rifle ~ been ~she~ e~dence of fire s~ll ~ con~ued at Bwer's expeme ~ ~ow rifle ~ Buy~, ~&out ~y ene~mces or c~ge w~ch would r~der Seller's fire .nmarkemble ~om ~e &te of last e~denee. A~ clos~g procee& sM~ ~ held ~ escrow by Seller's a~omey or o~er mutually acc~mble escrow agent for a period of not ~re ~ 5 &ys aff~ elos~g date. If Seller's rifle ~ rend~ed .n~rke~ble, ~ou~ no fa~t of Buyer, Buyer s~ll, ~thin ~e 5 &y p~o~ no~ Seller ~ ~g of ~ &feet ~d Seller s~ Mve 30 &~ ~om &te of receipt of such no.cation to e~e ~ defect. If Se~er fails ~ ~ly e~e ~e defect, all d~osi~s) sMll, upon ~en d~d by Buyer ~ ~ 5 ~ aff~ de~ be re--ed to Bwer ~d s~lt~eomly such r~a~n~ Buyer sMll re~ Perso~l~ ~d vaca~ Real Prope~ ~d reconvey ~e Pr~e~ to Se~er by s~cifl w~ deed ~d b~ of sale. If Buyer fails to ~e ~ely de~d for re~d, Buyer sM~ ~e rifle ~ is, w~v~g aB fi~ aga~t Se~er as to ~y ~te~emg defect exert ~ ~y be avai~ble to Buy~ by ~e of ~fies eon~ed ~ ~e deed or bill of sale. If a po~on or &e p~e~se price ~ to be derived ~om f~c~g or re~c~g, req~e~n~ of &e len~ ~6mfion as to place, ~ of &y ~d proeed~s for elos~g, ~ for d~b~se~nt of ~ngage procee& s~ll eoneol over eon~ pro.ion ~ ~ Con. et. Seller s~ ~ve &e fi~t to req~e Eom ~e lend~ ~fimfion a ~ co~t ~t it ~1 not ~old d~b~t of mo~gage procee& ~ a reset of ~y rifle defect a~bumble to Buyer-~agagor. ~e escrow ~d clos~g pr~ed~e req~d by ~s Sm~d ~y ~ waived if fire agem ~es adverse ~ers p~su~t to Section 627.7~1, F.S., ~nded. Q. ESCROW: ~y escrow ag~t ("Agent") receiv~g ~ or eq~vfl~t ~ auto.ed ~d a~ees by acc~mee of ~em to d~osit ~em pro~tly, hold s~ ~ escrow ~d, subject to ele~ee. ~sb~se ~m aecor~ee ~ te~ ~d con.flora of Con. et. Fa~e of ele~ee of ~& s~a not excme Buyels ~o~ce. If ~ doubt ~ to Agenfs duties or ~abilifies ~der ~e provisiom of Con~ac~ Agent ~y, at Agents opfio~ eon~ue to hold ~ subject ~a~ of ~e escrow ~ ~e p~es hereto a~ee to i~ ~sb~se~ or ~ a jud~t of a co~ of eo~tent j~cfion s~ dete~e ~e fi~ of ~e p~es or Agent ~y d~osit ~& ~e clerk of ~e e~c~t eo~ Mv~g j~icfion of &e ~spute. U~n noting ~ p~es co.creed of such acfio~ liabiS~ on &e p~ of Agent s~l ~y te~inate, exert to &e extent of acco~g for ~y ite~ ~e~omly de~vered out of escrow. If a licemed real estate bro~r, Agent ~1 co~ly ~& pro.iota of ~pter 475, F.S., ~Med. ~y s~t ~een Buy~ ~d Se~ wMre Ag~t ~ ~de a p~ ~eame of ac~g ~ Ag~t here~der, ~ ~y s~t where~ Ag~t ~te~lea& ~e subject ~ner of ~e es~ow, Ag~t sMll ~cover redouble aR~e~s fees ~d cos~ ~c~ed M~ ~ese ~ to ~ p~d ~om ~d out of ~e escrowed ~& or eq~vflent ~ c~ged ~d a~ded a co~ cos~ ~ favor of ~e prevai~g p~. ~e Agent s~ll not be l~ble to ~y p~ or p~on for 3 misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing pa~y reasonable attorney's fees, costs, and expenses. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of Seller as agreed upon hquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable aider diligant effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of BuyeFs deposit(s) without thereby waiving any action for damages resuliing from Seller's breach. T. COi~TRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to thc attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Real Property by special warranty deed, trnstee's personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absoluta bill of sale with warranty of title, subject only to such matters as may be otherwise provided for berein~ V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the patty or parties intended to be bound by it. W. WARRANTIIgS: Seller warrants that there are no facts known to Seller materially affecting the value of thc Property which are not readily observable by Buyer or which have not been disclosed to Buyer. EXHIBIT "C' R2002 980, AGREEMENT This Agreement is made and entered into on18¥'1 ~ al~ between the Palm Beach County ("County"), a political subdivision of the State of Fl~'rida, and the City of Delray Beach ("City"j, a municipal corporation existing under the laws of the State o fFIorida, mid the Delray Beach Public Library., ("Library"), a Florida Corporation Not for Profit with a tax id number of 59-0217683 and the Delray Bench Community Redevelopment Agency ("Agency"), an agency established pursuant to Florida Statute Section 163, Part IIL WITNESSTH WHERE.AS, the City, the Agency and County first entered into an intcrlocal agreement on August 12, 1986 (R.86-1201), for thc purpose of siting the South' County Courthouse, which [ntcrlocal Agreement was subsequently amended twice on August 17, 1993 and Januar7 14, 1997; and WHEREAS, pursuant to that Interlocal Agreement the County constructed a courthouse and other governmental facilities and currently is planning an expansion to those faciJities, .and " WHEREAS, the City and the Library wish to locate a new library on the property adjacen~ to the County Courthouse (a property'originally intended to be conveyed to the County), share parking between the library and the courthouse, and reserve the City's option to fund a future parking structure expansion off the County property for its needs; and · WHEREAS, the Library and the County are agreeing to a development and funding plan for the shared facilities, and WHEREAS, the City has short and long term obligations toward the development of both the Library, as the owner of the Library property, and to the County pursuant to the Interlocal Agreement; and WHEREAS, this Agreement will terminate the original Interlocal Agreement, as amendS, and incorporates various terms of that agreement into this Agreement. NOW THEREFOR.E, in conjunction with the mutual covenants, promises and representations contained herein, the parties hereto agree as follows. Section h Purpose 1.01 The purpose o fthis Agreement is to; 1 ) document the previous unsatisfied commitments of the City, County and Agency which were contained in Agreement R86--1201, as amended, and 2) set forth the terms under which the County will design, construct, and operate parking Libtnty/City/ClLA A~-ement Last Update FINAL 2 10~.~02 1943 Page I of 21 I~m~R~T n(:n faciliti~ on its property for use by empluyc~:s and visitors to the courthouse, Count). owned facilities, and the proposed Library. Exhibit ! depicts all propenie, s reft:rented in this Agreement. Section 2: Definitions 2.01 Alley Prooenv: Tho real property to 'be conveyed with a reverter in favor of the County, to the City, after abandonment and the City's conveyance of the northernmost half to the County, pursuant to Section 13.04 of this Agreement. 2.02 ~r~digli..C~a~: A contract between the County and a general contractor registered in the State of'Florida for the purpose of constructing the Courthouse- Phase ! Project. 2.03 County's Archit~t: A firm or team of professional architects and engineers that have an agreement with the County for the design ortho South County Courthouse Expansion Project - Phases I, fi, and IlL Courthouse Exonnsion Proj~g: The addition Of up to 75,000 square feet of building, construction of parking on both the east and west sides of SW Second Avenue (from-'w Atlantic Ave to SW Ia St.), interior renovations and all other site wor~ atten~lant to'ihg expansion of the South County Courthouse in three phases. 2.05 ~ The first construction phase of the CourthoOse Expansion Project which includes the construction of the parking, and all attendant improvements to the property pertaining to the parking, for joint use by the County and the Library, on the east -side of SW Second Ave. 2.06 Courthouse - Phase I Proiect Buds, et: The sum of funds received f~om the Library and the City pursuant to Section 6 as well the County's contribution to the construction costs. 2.07 ~ The second construction phase of the Courthouse Expansion Project which includes the addition of up to 75,000 sfand associated site work on the west side of SW Second Avenue. 2.08 ~tiil~gal~.~P..b~: The third construction phase of the Courthouse E~cpansion Project which includes renovations to the existing Courthouse building. 2.09 ~ The teal property owned by the County at the time of execution ofthis Agreement, on east and west side of SW Second Avenue, south of Atlantic Ave. 2.10 ~: A contract between the County and PGAL, Architects dated November 10, 2001 for the design and construction administration of the Courthouse Expansion Project. Libras'y/City/CRA A~ment Last Update FINAL 2 10/22/02 1943 Page 2 of 21 2.11 ~: A firm or team of prof~ional architects and engineers that have an agreement with the Library t'or the design of'the Library Project. 2.12 Library Desi~ Amendment: Thc Consultant Se?vice~ Authorization issued to the County's Architect authorizing the scope of. work associated with the design or' shared use parking garage, surf:ace parking facilities, and all attendant improvements which is thc financial responsibility otrthe Library for thc Courthouse - Phase ! Project. 2.13 LiltlalY..~Z~[_~. The real property owned by the City and leased to the Library pursuant to separate agreement, as well as the Alley Property to be conveyed to the Library pursuant to Section 13.04. 2.14 ~: All improvements made to the Courthouse Property f.orjoint use by the Library and County as part of' the Phase [ project. 2. ! 5 ~: The conceptual program describing the improvements to be used as the basis for the design of'tbe Courthouse - Phase [ project. 2.16 SPRAB: An advisory board of' the City of Delrny Beach with a formal name of' Site PJan Review and Appearance Board _- Section 3: Master Plan for Pnrldng Garage and Surface Parking 3.01 3.02 The County's Architect has prepared a master plan for a parking garage and surface parking on the Courthouse Property, a copy o fwhich is attached to this Agreement as Exhibit 2. The .purpose oftbe Parking Master Plan is to identifi/the approximate number of spaces which will be constructed, the general configuration of the parking, the height of the t6addng structure, setbacks from fights of.way, number of.disabled parking spaces, and location of' elevators and stairwells. The City Staff.represents that it has reviewed the Parking Master Plan presented as Exhibit 2 to this Agreement and that Staff. hns thoroughly reviewed the plans as part ora SPRAB review and application process, supports the orientation and size of. the garage, set backs, height, entrance/exit locations and number of'spaces and is recommendin,g that the waivers required by the City's land development' regulations be granted. A copy of such recommendation is attached as Exhibit 3. The City acknowledges that StaWs recommendation and support of the waivers is a material consideration for the County and Library in entering into this Agreement and that it relied on such recommendation in determining the feasibility and cost of' the Parking Facilities. The County and the Library understand that they must individually pursue approval by the City for their respective developments. Library/CitT/CRA Agreement Last Update FINAL 2 10/22/02 1943 Page 3 of 21 3.03 Thc Library agn.~.s to reimburse the County up to $10,000 tbr thc costs associated with the preparation ol'the P',u'king Master Plan, an effort which was undertaken prior to thc execution of this Agreement. The Library agre~ to design and construct thc library in a manner consistent with the site plan attached as Exhibit 2 and assumptions per Exhibit 5 to this Agreement. To the extent that the Library des/res to modify its site plan from that attached, all changes must be approved in wrifi ng by the County. Thc County may not unreasonably withho Id approval but reserves it fight to reject any change which negatively impacts the Courthouse, Parking Facilities or comfort or aesthetics of courthouse employees and patrons when entering or exiting the Courthouse or Parking Facilities. Section 4: Design of Parking Garage and Surface Parking 4.01 The County's Architect shall provide the County a~fixcd tee cost associated with the design and construction administration of Courthouse Project - Phase !. The County's and the Library's Project Representative shall jointly negotiate the tee with the County's Architect resulting in the County preparing a consultant services authorization which shall be known as the Library Design AmendmenL The Library shall provide the County w. ith a letter stating that it accepts the terms and conditions of the Library Design Amendment prior io the s.4~ne being executed by the Board of'County Commissioners For incorporation into the contract with the County's Architect. 4.02 The Library shall commit its approval of'the Library Design Amendment to writing, at which time, the fi~ll fee or' $94,000 shall be the responsibility of the Library. The Library shall reimburse the County upon completion of the work and receipt of'an invoice for same. In the event that the City agrees to contribute fi4nding toward the Library Design Amendment, the Library shall still be obligated to pay the County the fidl fee and the Library and City shall work out the terms and amount of the contribution toward the Library Design Amendment between themselves. 4.03 In the event that the Library requests a change which results in an increase in the amount of the Library Design Amendment, the County Project Representative shall request the County's Architect prepare an estimate of the design fees associated with the request as well as an estimate of the construction costs associated wi~ the request. Based on this information, the Library will decide if it desires to proceed and shall provide the County with a letter stating that it accepts the fees. The County will then amend the Library Design Amendment accordingly. The Library and the County agree that the Parking Master Plan will be used as the basis for design ot'the Parking Facilities and that both the County and the Library will consider the design to be consistent with the Master Plan provided that the Library has 170 spaces allocated for its use, the design includes; 1) the number of elevators and stairwells in the Library/City/CRa. Agreement Last Update FINAL 2 10/22/02 1943 Page 4 of 21 same general location as shown on the Master Plan, and 2) thc same number and configuration or' access points as an: shown on the Master Plan. [n the event that modifications, changes or deviations are required to the items listed above, the County shall seek and secure thewritten approval o fthe Libn~ry. Approval orsuch modifications, changes or deviations shall not be unreasonably withheld and shall be made in a time frame which do~.~ not cause a delay in the County's Amhitect's prosecution of. the Design Amendments or Design Contract. The County's Arohitect. shall make every effort to provide as much notice as possible to the Library or' the nature of'the modilication, change and/or deviation where possible. The requirements to secure the Library's approval as well as the notice provisions of this Section will be included in the Library Design Amendment. 4.05 As required by the Design Contract, the County's An:hitect will provide separate periodic statements of probable costs associated with the work defined by the Library Design Amendment, as of' that date. in the event that the statement of' probable costs for the Courthouse - Phase I exceeds the fi~nds available in the Courthouse - Phase I Project Budget, I) the County and the Library will agree to reduce the scope of' work, or 2,1 the Library will agree to increase the budget, in the event that the Courthouse- Phase [ budget is to ' · be racreased, a written statement fi'om the Library directing the County to proceed with the scope as currently stated, providing an affinnat/ve acknowledgment of' the additideai costs and directing the County to proceed, will be required. ' ' -- 4.06 The County wili include in the design, under slab conduit for four pay stadons on the ground level and two pay stations on the second and third level of the parking garage for future use. The cost of'the pay stations, installation and/or service to the pay stations will be borne by the party who desires that the pay station be instal led, by some other separate agreement that · may be agreed upon at a later date for that specific purpose. ~ the event that pay stations are des/red, the init/atiag patty will request approval from the County demonstrating that the installation and use ot'same will not interfere or modi~ the use of'the parlciag by Courthouse custoraers, which approval by the County shall not be unreasonably withheld. Section 5: Construction of Parking Garnge and Surface Parking 5.01 The Countyshall procure construction services in accordance with applicable State and local procurement requirements. The form of the contract shall be a lump s.um except where mutually agreed upon by the County and the Library. The Library acknowledges that the County prefers not to contract for any work on a unit price basis. 5.02 Upon receipt of the bids, the County shall make a recommendation for award of a construction contract to the lowest, responsive, responsible bidder. Concm~'ent with the notice of' intent to award, the County shall provide Library with the costs of construction, pins a 5% cont~gency, less a reduction for the County contribution to the construction costs .pursuant to Section 6, and less I534,000. The Library shall then forward to the County, Rinds m an amount equal to the amount identified in the notice provided by the County and as Libr~7/City/CRA Agreement Last Updam FINAL 2 10/2.2/02 1943 Pages or 2! 5.03 5.05 5.06 described above. The Library funds received by the County shall bc placed in an interest bearing account with the interest accruing to the contingency. Upon execution o['the Construction Contract by thc County, thc County shall provide notice to the Library and the City. During the course of construction, changes to the Construction Contract may be required. The cost of all construction changes, but for those which are initiated by thc County, for the sole benefit of the Courthouse operation, will be 100% eligible for reimbursement from the 5% contingency funds tFansferred to the County to create the Courthouse - Phase [ Project Budget. The County will bc responsible for the total cost o[.an7 changes made for the sole benefit of the courthouse operations. 5.041 AIl funds required for changns will be from the Courthouse. phase I project Budget Contingency Line. 5.042 The County rnserves the right to not pursue changes initiated by tbe Library for the sole benefit o[. the Library if such change, in the County's sole opinion, causes an unacceptable delay to the Courthouse- Phase I Project Schedule, causes a saCety concern or is contrary to any existing .regulatory approvals held by the County.-- The County and the County's Architect shall be responsible for ensuring that the Courthouse - Phase £ Project is constructed according to the design documents. The County shall be rnsponsib e for following all State and local laws, ordinances and · requirements for the procurement and administration of'public works projects. 5.07 All contractors of the Library shall furnish, for the benefit oftbe County, City, CRA and Library, payment and performance bond equal to the cbst of the improvements and in the form required under Section 255.05, Florida Statutes, The County shall also require contractors to furnish satisfactory evidence of statutory worker's compensation insurance, comprehensive general liability insurance comprehensive automobile insurance and pl{ysical damage insurance on a Builder's Risk form with.the interest of the Count~, City, CRA and the Library endorsed thereon. 5.08 In order to provide adequate staging area for the construction of the Parking Facilities, the Library agree~ that it will not commence construction on the Library Property until after final completion of the Parking Facilities. After final completion of the Parking Facilities, the County agrees to allow the LibraO, to use a portion of the Parking Facilities as a staging area for construction upon the Library Property. The portion oftbe Parking Facilities to be used as staging for construction on the Library Property and the conditions of use are identified in Exhibit 6 to this Agreement. The ability to use a portion oftbe Parking Facilities for Library/City/CPA. Agreement Last Update FINAL 2 10/22/02. 194.1 Page 6 of 2l staging shall expire upon any party exercising its options pursuant to S~.'ction 11 of this Agr~emen£. Section 6: Courthouse - Phase I Project Fundin~ 6.01 Thc material consideration for thc County entering into this Agreement was that the Library agreed to pay all costs associated with the Parking Facilities beyond those which the County would have expended to develop surf'ac¢ parking for the courthouse operations only. As suclh the County agrees to pay $1,750 per parking space toward each space constructed in excess of 170. The remainder or' the costs associated with the Courthouse - Phase I Construction will be borne by the Library, less the $334,000 to be paid by the CRA, less $200,000 to be paid by the City for this specific purpose, pursuant to Section 9.13. 6.02 The Library recognizes that the estimate for the Courthouse Phase I Construction is in excess of $4,000,000 and has demonstrated that it has, as of'the date of this Agreement, sufficient funds for the total amount of the estimate, less the County's contribution pursuant to this Section, in place to fund its portion of'the Courthouse - Phase l Construction. 6.03 Within 30 days 0ftbe Library's receipt of the notice ofintent to award mentioned in Section $.02, the Library shall provide the County with.the total amount of the fund's identified in't'h: notice and authorize the County to proceed with construction. The sum of the fiands received from the Library and the City pursuant to this Section as well as the County's contribution to the construction costs will become the Courthouse- Phase 1 Project Budget. If the Library does not have the total amount of funds required, the Library must decide whether to either;, 1) reduce the scope of the project (deleted items must be approved by the County, which · approval will not be unreasonably withheld), or 2) terminate the Agreement pursuant to Section 17.01. The County shall reimburse the Library, any funds transferred to the County pursuant to Section 6.03 which remain after Final Acceptance and Final Payment of the Courthouse Phase I Project and after the resolution of all claims by the Contractor, County Architect or third parties. 6.05 Each month after the commencement of construction continuing .tl~'ough the Final Acceptance as described in Section 6.04, the County shall provide the Library with copies o fthe contractor's pay application and a contract summary showing the amount paid, and any change orders authorized, and the status of the 5% contingency. The County shall provide the Library with a nodce if the County believes that the Project will require funds beyond that in the contingencies. After construction commences and in the event that the County requests a change in the Parking Facilities, the change which benefits solely the County;, the County shall bear the total cost of the change. The cost o[' changes made necessary as a result of unforeseen Library/City/CRA A~zeenent Last Update FINAL 2 10/22/02 1943 Page 7 of 21 conditions, utility relocation, imposition ot'conditioas or'approval by thc City, design errors or omissions, or any other change but for those specifically described in the first sentence or' this subsection shall be bomc by thc Courthous. c- Phase [ Proj~:ct Budget. Section 7.: Ownership of Parking Facilities 7.01 All real and personal property shall be assets of the County, despite thc Library's financial contribution to their design, construction, and/or purchase. Notwithstanding the foregoing, the Library, City and Agency, its successors and assigned, shall be allowed to use same pursuant to the terms set forth in this Agreement. Section 8: ,4.dministrnltve Requirements or' this Agreement 8.01 During the design and construction phases of this Agreement described in Sections 3 through 5, the Library shall be viewed as a County Department without creating liability and shall be included in desil,m reviews as are County Departments. In addition to those approvals specifically required by this Agreement, from time to time, the Library will be afforded the same reviews and approvals as other County department. 8.02 Within 1:5 days of the execution of this At.,reement, the Library, City. ~nd C~unty provide each other with the names, phone and fax numbers as well as e-mail addresses of each party's Project Representative. 8.03 8.04 8.05 Within 15 days of the execution or'this Agreement, the Library is to provide the County wkh a list of persons/positions which are authorized to approve incroases and/or decreases to the · amount to be paid to the County pursuant to this Ag~ement. Invoices to the Library and the City shall be in a form mutually agreed upon by the County, the City and the Library prior to submittal of the first invoice. Upon receipt of any. invoice, the Library and the City will immediately, review same and report any'disarepancies to the Countywithin 10 days of receipt. Payment ~'ill be due to the county within 30 days of receipt of the invoice, Payments shall be sent to: Facilities Development & Operations Fiscal Manager 3323 Belvedere Rd., Building 503 West Palm Beach, FI. 33406 Attn: South County Cout",.house Parking Agreement # Library/City/CRA A~'eement Last Update FINAL 2 10/22/02 1943 Page 8 of 21 Scctiot~ 9: City Responsibilities and Obligations 9.01 The Cityagn.~S to initiate and complete the pro~essing of'all necessary chat~ges to tilt: City's Comprehensive Land Use Plan to make the proposed project consistent and in conformity with the City's code of laws and ordinances. The County shall be ~.luircd to submit the proposed project for developm¢,t n:vicw pursuant to the City's nom¥,l review process. The City agrees to expedite the review of such approvals. 9.02 9.03 9.05 The City has previously determined that the County can expand the South County Courthouse facility by an additional 75,000 square feet and re-a f'firms its agreement that any site plan approvals, building permit applications or other development approvals required for the expansion of.the Courthouse and parking shall be reviewed based upon the Delray Beach Land Development Regulations and Code of.Ordinances'in force as of January 14, 1997 to allow the County to develop its property pursuant to the 1997 regulations, if' they are determined to be more favorable than those in effect at the time that the County actually submits for the necessary land development approvals. The City agrees to design, permit, construct and maintain storm water t'acilities'"to accommodate, off-site, any storm water of' the Library Property and the l;arking Faciliiie~ beyond that which the County's underground exfiltration system can accommodate, at no cost to the County nor the Library. The County's intent is to accommodate on-site storm water requirements to meet pretreatment water quality standards o t'the City and the SFWMD through an underground exfiltration system. The City represents and confirms that water, sewer and storm drainage facilities are available at the sneer, contiguous to the properties, and there is adequate capacity to service 150,000 . square feet of. the courthouse and/or other governmental facilities at no cost to the County. When utilities are available and present to the site, Count)' agrees to pay all standard connection charges and user charges pursuant to current City policy. The City agrees to coml~lete, at its sole cost, all utility relocation, upgrades or modifications necessary to support the 1 $0,000 sfof.counhouse and/or governmental facilities prior to commencement of. Phase I construction or no later than May 15, 2003. The parties agree that such utilities shall be located within the SW 2nd Ave right of'way, except where may b~ approved by the County. The County shall provide the information pertaining to its requirements no later than December 1, 2002. The City represents and confirms that there currently exists, or provisions have been made at no cost to the County for all required stacking and deceleration lanes and other roadway modifications to accommodate traffic associated with the development of the County property. Library/City/CRA Alpeement ~ Update FINAL 2 10/2.2/02 1943 Page 9 o1' 21 9.06 9.07 9.08 9.10 Thc City acknowledges that adequate site lighting is nocessary to enhance thc sati:ty and security of the individuals utilizing thc site. Thc City agrees to permit site lighting, provided that such lighting shall comply with City codes and land development regulations. The City agrees to initiate and process the abandonment requested by the County for the Alley P. mperty, the north south alley way, and any other alleyways not currently but which may exist within the Courthouse Property. Said alleyways shall be conveyed to the County no later than April I'", 2003, or in the case ofthe unknown alleyways, within 120 days of.the County's discovery or' same and request to City. Such abandonment shall exclude such underground utility easements as the City shall require for existing underground utilities, provided however, that in the event tha. t tho City receives notice from the County that the County intends to construct a structure(s) on such abandoned right's of way where underground utilities exist, the City shall at its sole costs and expense, remove, relocate or .abandon said underground utilities. The City shall provide the County with a marketable title insurance policy in an amount equal to the Fair market value of' the property subject to the abandonment at the time the abandonment is completed. The City shall bear the full cost of the processing all such abandonments. If, in the sole discretion of' the Chief Judge of the Fifteenth Judicial Circuit, there i~an apprehension of inadequate site security at tim site, then upon Written reiluest 6f the Cfiieff Judge, the City agrees to assign one full time police officer to the security of'the site and immediate surrounding areas, full time, extending from one hour before and continuing until one hour after the normal business hours of the Courthouse, at no cost to the County. This security shall continue to be provided by the City until such time that the ChiefSudge is satisfied from statistics or other documentation that the site is adequately secure without the · specific assignment of such a patrol officer bythe City. On June 3, 1999, the Chief Sudge agreed to modified site security requirements for the City in lieu ora full time police officer, subject to continuous review and approval of the Chief Judge. The County agrees.to provide a full time contract security position to the Courthouse site upon the occupancy of the Courthouse expansion. The City agrees to grant the County, at no cost to the County, a temporary parking easement for contractor personal vehicles during Cour~ouse - Phase I construction. The location off the easement shall be determined prior to the commencement of Phase I, however the City is aware that the preferred location is within two blocks of the site in order to minimize the likelihood of contractors parking in adjacent residential and unauthorfi:ed areas. The City agrees to grant the County, at no cost to the County, a temporary parking easement for contractor personal vehicles during Courthouse - Phase 11I construction. The location of the easement shall be determined prior to the commencement of Phase IIL however, the City is aware that the preferred location is within two blocks of the site in order to minimize the likelihood of'contractors parking in adjacent residential and unauthorized areas. Library/City/CRA Agreemem Last Update FINAL 2 10/27~I)2 1943 Page 10 of 21 9.11 Thc City agrees to §rant thc Library, at no cost to th~ Libm~, a tcmpo~ parking c~cmcnt t~r contractor ~m0nal vchicl~ during thc construction oF the Libraff. Thc location or' the casement shall bc detc~incd prior to thc commencement ot'const~ction oF the Libmff, however, the Ci~ is aw~ that thc p~c~d IoEation is wi~in two bl~ks of thc Libn~ff site in order to minimize thc likelihood o~ contmctom p~king in adjacent residential and unauthoHz~ ~. 9.12 The County understands that thc City is the owner of the Library Property and intends to lease with option to buy same to the Library pursuant to the terms of'ground lease agreement. The City agrees ti) ensure that the terms of' its ground lease are consistent and in no way conflict with the terms, permitted uses or rights granted to thc Library pursuant to this AD'cement. in the event that there is a disagreement between the terms of this Agreement and the ground lease agreement, the terms of'this Agreement shall prevail. 9.13 in order to construct the Parking Facilities in such a manner that a future expansion is possible without significant impact to the Courthouse and Library's operations, the City agrees to pay $200,000 and the CRA $334,000, toward thc cost of construction of die Parking Facilities. The City and CRA shall provide such funds to the County within 30 days of reeeipt of invoice fi'om the County. Such invoice will be sent to the City and CRA ohly after the County having received a construct, ion cost from the contmctbr of' the Parking Facilities. Neither thc County nor the Library shall have any obligation to re-pay the City or the CRA for these funds in the event that an expansion to the Parking Facilities does not occur. All obligations and/or tights with respect to the parties and expansion of the Parking Facilities are set forth Section I 1 of.this Agreement. Section 10: Operation and Maintenance of the Parking Garage and Surface Parking 10.01 The Parking Master Plan assumes non-exclusive use of all parking spaces by tbe County, Library and its employees and visitors, both the County and the Library agree hereby with that assumption. The County agrees that it will employ reasonable operational measures to direct its employees to use the garage spaces, starting at the top and working down. The Library agrees that it will employ reasonable operational measures to direct its employees to park in the southern most surface parking spaces. 10.02 The County shall be physically responsible for the operation and maintenance o fthe Parking ' Facilities and the Library shall annually pay the County 31% of all on-site operation and maintenance costs including capital renewal and replacement costs, utilities, and security COSts. 10.021 By Aprill '~ annually, the County shall submit an operations and maintenance budget to the Library for the next fiscal year. Library/City/CRA Agreement Last Update FINAL 2 10/2.~02 1943 Page 11 of 2~. 10.022 On November I* annually, thc County shall invoice the Library tbr thc entire amount due to the County for that fiSCal year, commencing upon thc occupancy of'thc Library or October I, 2004, whichever occurs first. 10.023 In the event that the allocation of' parking spaces to each party to this Agreement changes as a result of Section I I of' this AgreemenL tile pro rata share of' tho operating and maintenance costs described in this subsection will be renllocated among the parties accordingly. 10.03 The County and the Library shall meet periodically to discuss issues regarding the use, operations and maintenance of the Parking Facilities. The County and the Library both agree that no fee will be assessed to users oftbe Parking Facilities. In the event that either the Library or the County believes that there is a reason to consider the assessment of' fees, this issue shall be brought up through the periodic meeting process described in this Section. Section i !: Options to Expand Parking Garage I 1.01 In the event that the City chooses to expand the structured parking on the Courthouse Property, the City shall provide notice to the County as well as all other parties to .this Agreement at least one year in advance of the d~sired construction cordmencement chile. Such notice shall not be delivered prior to t~c completion of' tile Courthouse Expaasio~ Project and the construction o f'the library. Within 90 days of receipt of the notice, the County shall review the request and initiate an amendment to this Agreement which includes the terms and conditions under which the expansion to the structured parking can proceed, which will at a minimum include; I) the City agreeing to be responsible for all costs associated with the expansion, 2) the temporary parking accommodations to provide similar parking facilities for the library and courthouse operations, and 3) identifies the number of expansion spaces that the County chooses to fund for its use. If the County chooses to fund expansion spaces as part of' a City initiated expansion, it shall reimburse the Ci~' an amount equal to the percentage of County expansion, spaces multiplied by $334,000, as well as funding the cost of the County expansion spaces. The City acknowledges that the County and the Library provide parking at no charge to its respective patrons and employees, and the expansion of the Parking Facilities and subsequent use by others must provide for continued use of'the Parking Facilities by the Courthouse and Library patrons and employees at no charge. Approval by the County, Agency and Library shall not be unreasonably withhelcL' I1.02 The County reserves the tight to expand the parking structure at its cost any time after the completion of the Courthouse Expansion Project and the construction oftbe library. If the County intends to expand the parking, it shall provide one year notice to the City and the Libra.ry and each shall be given 90 days to reply with whether it chooses to participate in the expansion. In the event ora County initiated expansion which the Library and/or City do not choose to participate in the expansion, the County shall be solely responsible for the costs LibratylCity/CRA A~reement Last Update FINAL 2 10/2.2/02 1943 Page 12 of 21 or' th~ pa~ing expansion and shall be responsible t'or pro~'idin§ tcmpontry parking accommodations to provide similar parking t~cilitJes tbr thu Librar':,.' opcra~ion.~. Section 12: Use of Parking Lois and Garage by Cji7 12.01 The parking lot and garage constructed by thc County, Library and City may be available for use after normal business hours by thc County, City, Library and/or thc Agency pursuant to the Real Property Temporary Use Agreement to be entered into between the County and the City, Librm7 or Agency administratively on the form attached as Exhibit 4. Thc requesting party shall submit a letter requesting use of the Parking Facili ties to the County, no less than 30 days in advance of the date of event for which the request is being sought. Thc letter request shall include the dates and time of the proposed evcnh the name and purpose of'the use, whether any fees (for those potential parkers other than Librarypa~'ons and Courthouse visitors and employees) are proposed for the use of'the Parking Facilities, the amount of the proposed fee (if applicable), the name of' the party who will benefit from the revenue collected, contact person information, as well as evidence of the required insurance. Based on the request, the County will prepare a Temporary Use Agreement for review by the Library and execution by the requesting party. Fees for temporary use of the Parking Facilities will only be approved if they are for the benefit of the County, thc City, or Library. The County and Library agree to not u. nreasonably withhold its consent for thc and/or the Agency's utilization of said parking. Section 13: Real Property Considerations 13.01 The County and the City agree that in the event that the County ever elects to dispose of its .interest in any of the County's real property, the 'Agency, or the City if the Agency is dissolved, shall have the right of'first refusal to acquire such real property from the County. Prior to taking any action to dispose of the property, the County shall offer the property to the Agency "as is" at a purchase price equal to the fair market value of the improvements to the land made by the County (excluding land value). The County shall provide the Agency written notice of its intent to dispose ofsuch real property together with an appraisal as to the said improvement to the lands and the Agency shall have the first right of refusal as herein provided byproviding the County written notice such election within 45 calendar days of the receipt ofsucb notice from the C~ounty. Failure of the County to receive written notice' within this time period, shall result in termination of the Agency's right o'f first refusal. tn the event that the Agency elects not to purchase the property or fails tO respond within the time period indicated above, the right offirst refusal shall be provided to the City under the same terms as described above, tn the event that the City chooses not to purchase the property, the right of first refusal shall be provided to the Library under t~e same terms as described above. ' Library/City/CRA A~eement Last Update FINAL 2 10/22/02 1943 Page !3 of 2! Any sale or transfer o['the County's interest in Courthouse Property on thc east side of SW 2'~ Avenue will be subject to thc rights, uae and terms of this Agreement. 13.02 The use ot the Library Property shall be restrict~:d to library and customary ancillary uses, as well as City or other legal uses which; I} do not increase or modify the traffic and intcmal circulation patterns within the garage or on fights of way adjacent to thc Courthouse Property, and 2) do not jeopardize the County's tax-exempt bond restrictions. [n the event that the library is never constructed or that the lease between the City and the Library is terminated (except for termination of the lease in the event that the Library purchases the Library Property from the City.), the City may request that the Library Property be used for City operations or leased to a non-City entity, providing that the proposed operation does not have additional impacts on parking and internal circulation beyond that which was assumed for use by the Library, and such proposed use does not jeopardize the County's tax-exempt bond restrictions. Such approval shall not be unreasonably withheld. 13.03 If the Library chooses not to construct upon the Library Propertyafter the construction of the Parking Facilities, the County shall not be obligated to re-pay the Library for any monies provided to the County pursuant to this Agreement. The County's only obligation is make the parking spaces available to the City, its successors and assigned, under the same tea:ins as defined in this Agreement. . 13.04 The City shall take the necessary steps to abandon the east west alleyway between the Library Property and the Parking Facilities, pursuant to the terms of Section 9.07. Concurrent with the abandonment, the City shall convey the nortbem most hallo fthe alleyway to the County. Upon receipt of the northernmost halt'of the alley, the County agrees to convey, by County . deed, the entire alley ("Alley Property") to the City for incorporation into the Library Parcel subject to a reverter in f'avor of the County. The Alley Property shall revert to the County in the event that the property is used for purpos, es other than those allowed by this Agreement. Section 14: Indemnification 14.01 To the extent permitted by law, the panins to this Agreement shall indemni~, defend and hold the other party and their respective officers and employees harmless against any actions, claims or damages arising from that party's performance of this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute an agreement by either party to indemnify the other party for its own negligence, willful or intentional acts. Section 15: Notices 15.01 Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail Return Receipt Requested. The effective date of such notice shall be the date Libra,/City/CRA Agreement : La.st Update FINAL 2 10/22/02 1943 Page 14 of 21 o[' receipt, as evidenced by thc Rcmm Receipt. All notices sh**ql bc addressed to following. As to the County:. Director, Facilities Development & Operations 3323 Belvedere Rd Bldg 503 West Palm Beach, FI. 33406 County Administrator 301 N. Olive Ave, Suite ! 101 West Palm Beach, FI. 33401 County Attorney 301 N. Olive Ave, Suite ~01 West Palm Beach, FI. 33401 As to the City:. City of Delray Beach Or, ce of City Manager 100 NW' First Avenue Delray Beach, FI. 33444 As to the Library:. Library Director Delray Beach Public Library 29 SE First Ave Delray Beach, FI. 33483 As to Se Agency:. Or, ce of the Executive Director Delray Beach Community Redevelopment Agency 104 Ad.tic Ave DelrayBeach, FI. 33444 Robert Federspiel, Esq. 151 NW FL, st Avenue Delray Beach, Fl. 33~.~.". Libra~/City/CRA A~-ement Last Update F[NAL 2 10/22/02 1943 Page 15 of 21 S~:ctioo 16: Term of' Agreement 16.01 The initial term of this Agreement is 30 years and shall commence immediately upon execution of.this Agreement. The A.t,n'eement ~ay bt: renewed for two additional 30 year terms thereafter. At Icast two years prior to thc expiration of'thc initial term, thc Library and City shall advise thc County of. its request to renew thc Agr~,ncnt. Such Renewal Amendment will require approval of' all parties and none of thc parties may unreasonably withhold ils approval or'the Renewal Amendment. Lq the event that the City chooses not to participate in the renewal of this Agreement, the Libra.n/and the County may negotiate a mutually acceptable renewal agreement, but which will require the City to remain obligated for any outstanding or on-going obligations from the initial term. Section 17: Termination 17.01 Lq the event of a termination by thc Library pursuant to Section 4.01 or 5.02, the City shall have 60 days to step into the role of'the Library for the purposes of'this Agreement in which case all dghls and privileges of the Library with respect to the design, construction and use of the Parking Facilities will then be the City's. In the event that the City.choosas not to assume the responsibilities of the Library, the County shall be able to proceed with the des~n and construction ora surface parking facility for the Courthouse facilities ohly and shall have no further obligation to provide parking on it~ property, in any manner whatsoever for the future development of the Libra~ Property by the City. 17.02 In the event of a termination of the Library's participation in this Agreement pursuant to Section 4.01 and regardless of whether the City assumes the obligations of the Library · pursuant to Section 17.01; all requirements, obligations, rights and privileges of the County, City, and Agency continue. 17.03 Upon execution of' the const.ruction contract for Courthouse. Phase I, none of the parties shall have the ability to terminate this Agreement. Section 18: Amendments to fids Agreement 18.01 This Agreement may be amended from time to time by written amendmeut by all parties. Section 19: Applicable Law 19.01 This Agreement shall be governed by the laws of the State of Flork~. Section 20: Fillag 20.01 A copy of this Agreement shall be filed by the County with the Clerk of the Circuit Court in and for Palm Beach County. Libra,T/City/CRA A~"eement Last Update F~AL 2 10/2.2/02 1943 Page ~.6 of 21 Section 21: ~ntire Agreement 21.01 This Agreement and any attachments attachcd hereto and [bm~ing a part thereo~'~ ii" ~ully set forth herein, constitute all a~ecments, c6nditions and understandings between the County, City, Agency and Library. All representations, either oral orwritter~ shall be deemed to be merged into this Agreement, except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon the county or City unless reduced to writing and signed by them. Section 22: Dele~ation of Du~y 22.01 N°thing c°ntained harein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of County or City officers. Section 23: Annual Budget Appropriations 23.01 The County's and City's obligations to pay pursuant to this Agreement are contingent upon the annual appropriation for this purpose by the Board ot'County Commissioners and the Delray Beach City Commission. I'n the event that the City or County exercises its rigl~ts under this Section of the Agreement after the construction of the Parking Facilities, Library re~ains the rights to use the Parking Fa'cilities. Section 24: Time b of the Essence 24.01 Time is of the essence with respect to the performance or'each and every provision of this .Agreement where a time is specified for performance. Section 2J: Assignment 25.01 None of the parties to this Agreement shall assign this Agreement or any interest herein without the prior writlen consent of the other part, es. Section 26: Default 26.01 ~ the event any party fails or refuses to perform any term, covenant or ~ondition of this Agreement, the sLrne shall co~titute a default hereunder, and the non-defaulting parties shall, in addition to any other remedies provided at law or in equity, have the right ofspecific performance thereof. Section 27: Invalidity of Clauses 27.01 Tha invalidity of any portion, section, paragraph, provision, clause or any port/on oftMs Agreement shall have no effect upon the validity of any other part or portion hereof'. Libra~/CityiCR.A A~teement Las~ Update FINAL 2 10/22/02 1943 Page 17 o~ 21 Section 28: Effective Date or Agreement 28.01 This Agreement is expressly contingent upon the approval of'thc Palm Beach County Board or' County Commissioners and shall become ct'f~tive only when signed by all parties and approved by the Palm Beach County 'Board of County Commissioners. Section 29: Termination of Previous Agreements 29.01 Upon approval or'this Agreement by the Board of'County Commissioners, Agreement R86- 1201, as amended is terminated.. Section 30: Non Public Forum VED A~ 30.01 The Courthouse Property (which includes thc Parking Facilities) are designated as non.public forums and as such, expressive acdvitias such as, but not limited to protests, petitioning, soliciting, leafleting, campaigning, exhibitions, displays are subject to approval by the County pursuant to its adopted policies. The Library agrees that it will comply with the County's policy for expressive activities which may he considered for the Parking Facilities. IN WITNESS WHEREOF, the parties have cau. sed this Agreement to be ex~cuted~on the ~a[ and w,i.e.. R2002 1980 ATTEST: PALM BEACH COUNTY, FLORIDA, BY' ITS H.~~'~_~ BOARD OF COUNTY COMMISSIONERS _ Br. W , Hewell, Chairman APPROVED AS TO TERMS AND CONDITIONS Dir. l:'acilities D~v & Opa LibratylCi~ylCRA A~teement La.st Update FINAL 2 10/22/02'1943 Page 18 of 21 ATTEST: CITY OF D£LRAY [}EACH City Clerk Mayor By:. David #, Sclm:tdt Printed Name of Mayor APPRO~,.AS TO FORM ^ .j> o sumcmscY ~-n'y ^ttomey /'} NOV ! Library/City/CPA A~.ement Last Update FINAL 2 10/22/02 1943 Pa~je 19 of 21 ATTEST: Witaes~ By:. DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Printed Name of Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY R2002 1980 NOV fZUlg Library/City/CRA Agreement Last Update FINAL 2 10/22/02 1943 Pa~e 20 of 2! ATTEST: Wimess DELRAY BEACH PUBLIC LIBRARY ~rint~d Name of Chairm~./ ~2002 1980 #OY f2~Ng Library/City/CRA A. greem~ Last Updat~ FINAL 10/09/02 1943 Page 21 of 21 LIST OF EXHIBITS F-nhibit I - Exhibit 2 - Exhibit 3 - Exhibit 4. Exhibit $ - Exhibit 6 - Propen3, ( I page) Parking Master Plan (3 pages) Le.tter ~'om City ot~ Delray Beach stat~ recommending and supporting the grant o~' wawers for the Paridng Facilities (! pages) Ag~'eement ~or Use or' Parkinll Lots and Garage (7 pages) Compatibility and Use Assumptions/Requirements For Library (2 pages) Construction Staging Ama For Library Property (3 pages) ATLANTic AVENUE w. IST STR F. XI-~Fr 1 ""~ DELIa. AY EtF. AC~ F:L.QqOA :ojecl: number:, e~z~ recked ® ® --4 1~9'1 ~001 oc~o4~r 9. 2oo2 33444. 8Ul~l~ng M3 West I~m Beach, ~ 33415 Dear Ma. Waif: The ladle, lng Setter h a summa7 of sta~s posilJofl off the ~ur i~nms iden~i~md ~e, ' ~a~: meeang. ) Itm '"'-,-,,-"..-~ panung garage at their July 10, conml~fltwt~ tho balancec3f~leW~, 2,,.~.~---_"~-, ,~_~ m~ mqurlrnent to 10% to be LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into this day 200 , byand between Palm Beach County, a political subdivision of the State ol'Florid.~, heminaf.tcr rel'crred to ns "County" and the City of. Delray Beach, hereinaf'tcr referred to as "Licensee". WHEREAS, County is the owner ofcenain real property in Palm Beach County, Florida, known as the South County Courthouse, as said property is legally described in Exhibit attn_ched hereto and by reference made a pan hereof(the "Property"); and WHEREAS, Licensee desires t, use the County owned parking facilities at the South County Courthouse; a.qd WHEREAS, County is willing to grant Licensee a revocable license to use said Property for the purposes hereinat~ defined. NOW THEREFORE, in consideration of' the covenants and agreements hereinafter set forth on the part of the Licensee to be observed and performed, the County hereby' grants the Licensee a revocable license to use the Premises as hereinafter defined upon the following terms and conditions: Se.'tion 1.01 Premises. ARTICLE l BASIC PROVISIONS ' The premises which a~ the subject of ils Agreement consist of the County owned pa,king lot at the South County Courthouse; and (pick one or more: east lot, parking garage or north lot). Sectfon 1.02 Length of Term and Commencement Date. The term ofei_~ Agreement shall he for.. , from hours until hours the "Term"), maless sooner terminazed pursuant to the provisions of this Agreement. Last uixnm: S/S/~ to:.42 Page tm' 7 Section 2.01 License Fee. ARTICLE fl LICENSE FEE Licensee shall be entitled to use the Premises without charge. ART[CLE fll CONDUCT OF BUSIWES,5 AND USE OF PREbIISES BY LICENSEE Section 3.01 Use of Premises. Licensee shall use the Premises solely and exclusively for Licensee shall not use. permit or suffer 'he use ofthe Premises for any other business or purpos~ whatsoever. The use or'the Premises by Licensee shall not interfere with County's use o~, access to and parking on the County's contiguous Property. Licensee hereby agrees that all parking required by Licensee, its agents, employees, or invitees shall be accommodated and confined to the Premises. Licensee, at its sole cost and expense, shall provide all traflqc control and enforcement and security necessatT to ensure that Licensee's use or' the Premises does not interfere wi.th Count,s use o {'its contiguous property and that there will be no entry or use o t'any County building on the Property by the Licensee's agents, employees or invitees. uu~ u~ ~a aha complying w~m me o~er requirements of chis Agreement. Lice~ ,~, u~ m~ ~y D~n ~uo~c Licensee acknowled&es that while not a party of Ii, is Agreement, the County will only approve the License if the Licensee's use does not interfere with, or is acceptable to the Delray Beach Public Library. Sectfoa 3.02 Licensee's Work. Laf uada~ S/S/02 &O.'4Z Page 2 at' ? $~oti'on.3.03 Waste or Nuisance. Li~:ensee shall not commit or Suffer to be committed any waste upon the Promises or any nuisance or other act or thing which may result in damage or depreciation of value of thc Premises or which may affect County's fee ina:nat in the Premises. Licensee shall not store or dispose any contaminants including, but not limited to, hazardous or toxic substances, chemicals or other agents, including any petroleum products, used or produced in Licensee's operations, on the Premises or in any manner not permitted by law. All refuse is to be removed from the Premises daily at Licensee's sole cost and expense. Licensee will keep the access to the Premises, the parking areas, driveways and other contiguous areas to the Premises free and clear ofobstruction. Licensee, at its sole cost and expense, will keep the Premises free of rodents, vermin and other Section 3.04 Governmental Re~ulati-,ns. Licensee shall, at Licensoe's sole cost and expense, secure any required permits and comply with all regulations of' all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hernafter be in force, pertaining to Licensee or its use of' the Premises, and shall faithfully observe in the use of the Premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in three. Licensee shall comply with all ecological requirements to operate its business on the Premises. Licensee shall indemnify, de{end and save County harmless from any and all penalties, fines, costs, expenses, suits, claims, or damages resulting from Licensee's failure to perform its obligations specified in this Section. Sm:tion 3.05 Non-Discrimination. Licensee s~all assure and certify that it will comply with the Title IV of the Civil Rights Act of 1964, as mended, and Palm l~each County Resolution No. R92-13, and shall not discriminate against any individual on the basis of their race, color, national origin, religion, ancestry, sex, age, martial status, sexual orientation or disability with respect to any activity occurring on the Premises. Section 3.06 $errender of Pr~mi$~. Usoll~en~ _e~. ir~,'on or earlier...l~'minalion of Licensee's license to use the Prcmises, Licensee, at its ost ano er%oense, snail remove all of its improvements and personal property ~'om the Pren'uses and shall surrender the Premtses to the County in at least the same condition the Premises were in as of the date of'this Agreement Last ARTICLE IV REPAIRS AND MAINTENANCE OF PRE?,I[SES Section 4.01 Responsibility of County ,,nd Licensee. County shall not be obligated or required to make or conduct any maintenance or repairs whatsoever to the Prem/ses. All portions or' the Premises and all improvements erected on the Premises shall be kept in good repair and condition by Licensee. Upon expiration or earlier termination or'this Agreement, Licensee shall deliver the Premises £o County in good repair and condition as specified herein. [n the event or'any damage to rite Premises, County m.~y complete the necessary*repairs and Licensee shall reimburse County trot all expenses incurred by County in do,ag so. ARTICLE ¥ INSURANCE AND INDEMNITY Section $.01 Lhbili~ ~nsurance. Licensee sltall, during the entire Term hereof', keep in ~ull force and et't'ect General r-.lability Insurance in an amount not less than ONE MILLION DOLLARS (S 1,000,000) per occurrence .combined single limit bodily injury and property damage liability and Workers Compensation I~ce co.vet~ng all employees in accordance with Chapter 440 Florida Liability pohcy shall include coy ~e far p,.~,-,,;.... --, · - Statutes. The General era._ .......... ~ - vperatlons, L;ontractual and Product Liability, Independent Contractors, Contractual Liability and 8road Form Property Damage Liability coverages. Section :S.~ General Provisfoas. Except for Workers Compensation, all insurance policies shall name the Court as Addlt' [nsuted. Such insurance shall be in an in- .......... . ty ' Ional FI- ' ...... -. o,-,,-,,.= company .censea to do business in ~.o.n~a aa~z sun.j .eot to me app.roval or'the County's Risk Manazement De the State or' ottnsurance evtclencine such ms ................ - partment. A Certificate · · ~..~mtlcate m~lcating at least thirty (30) da prior notice of cancellation or adverse material change in coverage, ys .~. no event shall the limits or'said insuran-- - . .... . · ~ poflctes ~ considered as ii ' · Licensee under this Lease. La the event that Lic, .... ~_,, ~ ...... ?t.m. g ?e liability ot' and effect any insurance ¢ove~- ,~-.i--.~ :'-'- -'~'~.a_ .t~u ~.~l m. ootain ane maintain in tull force County shall have the right otriniuncti,,.. ,,-," ...... Y. . under th~s Agreement, notwithstana;-- ,~,, .~..:-:--- '- . ,,,,, ~,,,uun~y may Immectiataty terminate this Am'cement_ , '="'a"",~ F~u"taious aerelfl to ~e co trm-v ~.r-,...:~-__ ,. .. , " ......... -' shall and does nevertheless ;,,,~--.-:~- ~ ~ - _n~,trar.Y...,_,u~wtmsmnmng me toregoing, Licensee .. '.:...' ,-,~,,umy, ~ze~ena aha nm.~ county harmless t'rom any loss or damage tut uadaeE ~/02 t0:.4,1 Poge 4 of 7 mcun-e~ or suffered by County t'mm Li- -. ' ' · ccn:~ce s [adurc to maintain such insurance. Section 5.03 Indemnification of'County. Licensee shall, to the extent permitted by law, iademnif'y, dc f'end and save County harmless from and against any and all claims, actions, damages, liability and expense in connection with: (i) loss of' life, personal injury and/or damage to or destruction of'property arising f.rom or out of'any occurrence in, upon or at the Promises; (ii) the occupancy or use by Licensee of'the Premises or any part theteo~ or (iii) any act or omission or' Licensee, its agents, contractors, employees or invitees. In case County shall be made a pazty to any litigation commenced against Licensee or by Licensee against anythird party, then Licensee shall protect and hold County harmless and pay all costs and attorney's tees incurred by County in connection with such litigation, and any appeals thereof'. Nothing contained herein shall be deemed a waiver of' the City's sovereign immunities. Section S.04 W~fver by Licensee and Licensee's Insurers ot SubrogatiOn. fn the event of' loss or damage to the Premises and/or any of' Licensee's improvements, the Licensee shall look solely to any insurance in its favor without making any claim against the County, and the Licensee shall obtain and deliver to the Count?.. from the insurer under each policy of'such insurance, an agreement whereby such insurer waives subrogation of.any claim against the County tot loss or damage within the scope of'the insurance, and the Licensee, for itself'and its insute~, waives all such insured claims against the County. ARTICLE VI UTILITIES Licensee shall be solely responsible for and promptly pay directly to the utility or other rovlder of' such set. ce all char~ and ssse~me-'- ~ . P ' ma for water, gas, etectricirv, trash co[lecti removal or any other gt/lity used or consumed on the Premises. ' on and ARTICLE VII REVOCATION OF LICENSE Sectfoa 7.01 Revocation or'License. .N'otwi .U~andin~ an .l.~in. g .~. the ¢o, ttary con,in~ h,min. ~e ~gh~ ~ m Lic~ - --~ --~ nonce ~ Lice~. U~n Lice~'s ~eipt of notice from Co~ oE~e ~adon o~ ~e lic~ ~ted hereby, ~iS A~menc s~l[ te~inam ned Co~ s~l ~ mli~ oEall ~er obli~tion hereunder ~cming su~t ~ ~e ~te o~ s~h ~i~on. 10:42 Page $~f.? ARTICLE VIIi MISCELLANEOUS Sect/on 8.01 ,Entire Agreement. This Agteemant and any Exhibits attached hereto and forming a part hereofas if tully set tot'th herein, constitute all agreements, conditions and understandings between'County and Licensee concerning ' the Prem:ses. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon County or Licensee unless reduced to writing and signed by them. Section 8.02 Notices. Any consents, approvals and permissions by the County shall be effective and valid only it'in writing and any notice by either party to the other shaft be in writing and shall be deemed to be duly g~ven only if mailed prepaid by certified mall return, receipt requested, addressed: (a) If to the County at: Palm Beach County Property and Real ~state Management Division 3323 Belvedere Road, Bldg. 503 Wast Palm Beach, Ff. 33406-1548 with a copy to: [t'to the Licensee ac: City of DeLay Beach Robefl A. Barciflski Assistant City Manager 100 N.W. Is Ave~ce DeLayl~ech. ~ 33444 [/'to the L~aty at: Executive Director DeLay Beach Public Librar7 29 SE Fourth Ave DeLay Beach, FL 33483 Sectfoa &03 Recording. Licensee shall not record this Agreement, or any memonmdum or short form thereo~, without Last ~ S/S/0Z t0:41 "the.wrieen consent and joinder of'County. Section 8.04 Waiver of Jur~ Trial. The parties hereto waive trial by jury in connection with proceedings or countercl.~ims brought by either of.the parties hereto against the other, in connection with this Agreement. Sectioa 8.05 Goveraiag Law and Venue. This. Agreement shall be ~ovemed bv and Late ~ ~pra~ accoraing to the laws or'the State Florida and venue shall be in Palm Beach County. Sectfoa 8.06 Time of' Essence. :ih~':h~tho; ~'fea/tme:aiceth ismSaP~aCavtorm, t he perf°rmance ° f' every p°sid°n o ~ this Agreement in ~macu me same co De executed as otthe day and year first above writing, reemenL or WITNESS: PALM BEACH COUNTY' AppROVED AS TO FORM AND LEGAL SUFFfCIENCY Ass~,U County Anx)~y ApPROVED AS TO FORM AND LEGAL SUFFI'CIEN'C¥ By:._ Robert W'eistnan, County Administrator CFI"'Y' OF DELla, Ay BEACH By:._ David Hardin, City l~fanager Assistant County Attorney Page 7 Oi' 7 The purpose of.this Exhibit is to document the assumptions and intent of.the p-~rties in entering into this Agrnemen~ To the ~xtent that any of' the terms of the Agreement itself are in conflict or inconsistent with the contents of'this Exhibit, the terms of'the Agreement prevail. A o . three story parking ~arage covenng the western half of. the property is contemplated provide for an expansion to the garage ' · . . . . in order to of' the existing garage during m a maonet which minimizes the dlsrnption to the operation the expansion. The Agreement of.the parties relating to the physical aspects of.garage, the rights of the parties during the development of. their respective projects and the potential foture expansion are derailed in the Agreement. Not as clear ate the operational assumptions and design intent. The f'oh wing provides a summary of' those assumptions and statements of.intent. The Courthouse and ' · L~bra~ are compattble uses whose operations complement each other in terms of sharing of.perking facilities and other shared t'acilitiea such as adjacent roads and nccess to the pmpem/. The Lib. rary will be designed and operated in manner which is consistent with and ?on?o... Th. w,l, .o, an, · ,t~,,~ uonaucte~ on me exterior of.the buildin--- -'-- - - s un me western halt'' property, the Ltbr, u7 The primary entrance to the parking ~aeility for Cout~ouse employees and visitors will he fi-om SW 2'~ Avenue and for the Library employees and visitors fi'om SW I" Avenue. Both the County and the Lil~ will include the same information in written materials and verbal ttlrnc?.orts ~o tf~r respective f'ac~es. ~t is not contemplated that there will be bar, ers requtrmg or personnel enfon:ing same. The employees of'the Cotm~use w6uld he required to use the upper floors of' the garage, with the Courthouse visitors encouraged to use the ~'ound level and second level. spaces. ~ ,,~g~ m use me normern most surface parking The Library wi!i have up to two parking spaces adjacent to its p which w reserved for $ minute perkina associa,,,a ,,:.~.. ,_ ....... ropem/ ' ill be fi~r enforcement. - --,---,-, ~o,~ mop otts. Re Librarywill be responsible o The Library will be provided up to cwo parking sp-',ces -"d jaCk:hr tu it~ property un the e~t c.d or'the surface parking lot t'or service w:hicle~ and deliveries. The Library will be responsible for enforcement. The parking garage smmmm will be secured ~r ! 800 hours on Monday through Thursday and m-opened at 0700 hours the following morning. The parking garage s~ructurc will be secured f'mm 1800 hours in Fridays throu~lt 0700 hours on Monday, unless a license pursuant to Exhibit 4 orr this A~'eement has been executed, in which case the terms or' the License Agreement will prevail. The ground level of'the parking garage may be made available ~or Library use as needed up to 2115 hours on Monday tltrough Thursday and 0900-!730 on Saturdays and Sundays; provided that the Libraryis responsible ~'or security and ensuring that Oate 3 is in the closed position during times of'use. The Library shall be responsible for opening Gates 1 and/or 2 during these periods ot'use. Neitbe~ the County nor Library int=..,is on charging a fee for use ol~ the parking. In the event ttutt it is determined that a ~ee shall ~ charged, the garage will utilize gang or gzoup parking meters or pay stations, the conduit For which has been designed into the Facility. The facility and access was not da~i~ned For ~ cashier booth or any type or'permanent money collection at the entrance/exit to the facility. P'~dr~ I~ ,~ This E.~ibir idend~es thc construction staging area ['or the construction o[' the Library, the scheduling ~'or which is to be determined in the future, but in a case -~Rcr the completion o[' the Parking Facilities. A potion o['the surface parking area is designated on Attachment I to this F. xhibit and is generally located on the eastern hal['o['tbe property and adjoining the south alleyway property lined up to a point just to the east of'the entrance to the parking garage structure. The use ot'this area for construction staging is subject to the ~ollowing conditions: The Library repairing and restoring all pavement, landscape and other improvements to their pre-staging condition or better. The restoration will be completed at the Library's sole cost and expense. The Library taking all precaution~ ,~:cessa~ to protect the improvements adjacent to the staging ares, the pe~ons and pmpony using/occupying the remainder of the Parking Fscilides, including, but not limited to implementing, dust control measures, temporary senu~ty, temporary.traffic control, signage, etc. The use as a construction staging area is subject to the continual review and approval of the County ~or compliance with the terms o[' this F.~hibit (which approval will not be unreasonably withheld) or'thc City ~0r compliance with local codes. The County has the right to stop any work it believes creates an eminent dan~et ~or the Courthouse, it employees or its visitors. The Libm'y sludl cte~e a temporary enu'enco to the lot ~'om SW I'~ Avenue to the southeast comet of the lot (access fi'om SW 1' Ave) to provide access to and fl~m ~ parking ~rage. This would include the relocation of the entrance back to its original position at the completion of consu'uction of the Library end restoration of the temporaz7 entrance back tn its odgiunl condition by the Library, at its sole cost and expense. All vehicles end equipment usociated with the Library construction shall enter the Library site or the construction sta~ing ares ~om SW I'~ Ave only. All construction vehicles and equipment are prohibited ~rom SW 2" Ave. The Library wiU inct,~,, in its construction contract a provision which prohibits the mmporary clesuro ot'SW 2~ Ave for any purpose or a~y duradon from 0600 hours [~onday through 1800 bouts on Friday. Temporal' closure ofSW 2~ Avenue on the weekends may be approved by the County with no less than 96 bout advance nodce to th~ Count. The Library' must also secu~ the necessary City approvals i'or temporary street closures. w The Library will include in ils contract a provision which prohibits thc temporary closure or' SW 1" Ave tbr any pu~ose or anyduration from 0630 to 0900 hours and fi'om 1600 to 1730 hours on Monday through Friday, providing that thc south entrance to the garage remains open and the Library has secured the necessary permits from the City. o The Library will be solely responsible ~or security within the construction staging area which may not include the use of'canine to secure the site. fa the event t~t the Library bas secoml a building permit and is fi~lly {hnded the consma:tion prior to the completion of the Parking Facilities, the Library may request that the County deduct certain work items from the Parking Facilities project. Any items (such as those listed below) deducted fi-om the Parking Facilities, would have to be provided by the Library upon completion of the Library construction project. Further, such deductions ate subject to modification of the County's buildin.~ permit for the Parking Facilities m allow fnr a partial certificate ot'ec~upancy. Examples of the work which may be declared are as follows. a. Providing only the fit'st lit~ of asphalt in the area of the surface parking to be used as a b. Utilh:in$ Type F curbing for the surge parking lot to accommodam the second lilt of' asphalt at a later date. c. Installation ot'landacnping and curbing within the consu'uction staging m'e.a. ii EXHIBIT "D" This Agreement is made this ;Zc~ day of r~_r-c~ ,2001 by and between the CITY OF DELRAY BEACH, a Flodda municiPal corporation (hereinafter referred to as, the "City"), and the DELRAY BEACH PUBUC LIBRARY ASSOCIATION, INC. (hereinafter referred to as. the "Association,). WITNESSETH: WHEREAS, the State of Florida. Division of Library Services. requires the City to make application and the Aseeclation desires the City to make application on their behalf for a grant through the State of Florida. Division of Library Services for the construction of a new library (the Project); and, WHEREAS. the Project is eligible to receive matching grant funds of up to five hundred thousand dollars ($500,000.00); and, WHEREAS, the State of Florida, Division of Library Services raqulras the City of Delray Beach to give assurances that local matching funds will be available and unencumbered at the time of the grant award; and, WHEREAS, the Division of Library Services requires the City to glve assurances that sufficient funding will be available in order that the Project will result in a completed library building; and, WHEREAS, the Division of Library Services of the State of Florida also raqulras the City to give assurances that sufficient funding is available to operate the facility. NOW, THEREFORE, the parties hereto in consideration of the foregoing and agreements herein conteined, hereby covenant and agree as follows: 1. Recitals. The Recitals set forth above are hereby Incorporated as if fully set forth herein. 2. 8~eclflc Grant Coven~n~. The A~aoclation requests, and the City agrees to submit an executed application for a grant for the construction of a new public library facility. The Aesoclaflon shall pay to the City all matching funds required under the grant. The Association shall pay to the City the matching funds within five (5) business days of the city's ve/rbal or written request, but no later tha~ prior.to the grant KXHI'B[T fidn [ The Association further covenants and promises the City that funding is sufficient and will be available In order that the Project will result in a completed library building. The Asaocletlon covenants and promises the City' that the Assocletlon will provide sufficient funding to operate the facility. The Association acknowledges the City has entered Into Resolution No. 27-01, will submit the Grant application, whereupon It requires entering into a Grant Agreement, and any other Agreement for the construction of a new Ilbrmy facilitY, in reliance on the Asaoclation'a pmmiaes herein contained. 3. All Other Reaulremenf~. The Asaocletlon, by execution of this Agreement, agrees to be bound by this Agreement and by all terms and conditions of the Grant Agreement, construction contmcta, and any other related agreements pertaining to the construction of a new library facility, whether express or implied, and shall comply and fulfill all of the obligations and duties required of the City under the aforesaid agreements or any other agreement not mentioned herein pertaining to the new library construction project, whether financial, administrative or otherwise, and the Association shall provide proof of discharge of all obligatio.ns and duties under the agreements, as though the Asaocletlon had been in the place and stead of the City of Delray Beach throughout the completion of the building project, through and including the final inspection thereof and shall secure the release from the State of Florida, Division of Library Sen, ices and shall release all financial and Inspection records after final audit and program review. The Association shall be responsible for all obligations and duties that may remain under the Agreements after the completion of the building as set forth above. 4. ' ~_~_~]g. The Association shall provide the City unconditional use of the new library.site and building, as provided in Resolution No. 27-01. 5. Indemnlflcation~ The Association shall hold harmless, indemnify and defend the City of Delray Beach, its officers, agents and employees or otherwise ensure against any claims made by the State of Florida, Division of Library Services for failure to comply with the Grant Contract, this Agmemant or any construction contract or any other agreement, where the City has entered into the agreement at the behest of the Association. If insurance ia obtained, the City, its officers, agents and employees shall be named as an additional Insured and the amount of insurance and the terms thereof shall be acceptable to the City, as may be amended from time to time. 2 $. ~. The City and the Asaoclatlon agree to take all actions as shall be reasonably appropriate or required of each of them In order to make effective the purpose and provisions of this Agreement and to facilitate and effectuate the construction of the new library facilities under this Agreement, Grant Agreement and related agreements and the transfer and/or conveyance of the existing library facilities. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ~C~ day of.L~3~, 2001. 'A'I'rEST: City Clerk Approved as to form: f..~eC~ Attomey STATE OF _~=.[[~~ COUNTY OF~ THE CITY OF DELRAY BEACH, a Florida Municipal Corporation.. David W. Schmidt Mayor DELRAY BEACH PUBUC LIBRARY The foregoing Instrument was acknowledged before me this "7 ~ day of ~C.~,2001 by ~/l~ll="l_ ~(, JLA. O/~"~.)~-{ , of a corporation, on behalf of the corporation. He/She. b personally known to pr~:ft~ed~ (as ide~ Slgna~ura of Nota~ 3 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CiTY OF DELRAY BEACH AND DELRAy BEACH PUBLIC LIBRARY ASSOCIATION, INC, THIS AMENDMENT No. 1 to the agreement approved by the City Commission on March 20, 2001 between the CITY OF DELRAY BEACH ('City') and the DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., (the 'Association') is made this ~2.~c~ day of Oc-/t:~J~r' ,2001. WITNESSETH: WHEREAS, the City and the A~soclatlon entered into an agreement which was approved by the City Commission of the City of Delrey Beach, Florida on March 20, 2001 relating to the construction of the new public library; and WHEREAS, the parties desire to amend Paragraph 3, .'All Other Requirements' of the odginal agreement to clarify that the Association is responsible for the design and construction of the new public library and the selection of design professionals and contractors. NOW, THEREFORE, the partles hereto in consideration of the covenants contained agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated as if fully set forth herein. 2. Modiflcatioil. Paragraph 3, 'Ail Other Requirements' of the original agreement is modified as follows: 3. All Other Re¢luirement~. The Association shall be solely responsible for the design and construction of the new public library facility. The Association shall be responsible for the selection of design professionals and contrectore. The Association, by execution of this Agreement, agrees to be bound by this Agreement and by all terms and conditions of the Grant Agreement, design contracts, construction contracts, and any other related agreements pertaining to the construction of a new library facility, whether express or Implied, and shall comply and fulfill all of the obllg~ons and duties required of the City under the aforesaid agreements or any other agreement not mentioned herein pertaining to the new library construction project, whether financial, administrative or otherwise, and the Association shall provide proof of discharge of all obligations and duties under the agreements, as though the AssoCiation had been in the place and stead of the City of Deiray Beach throughout the completion of the building proJect, through and Including the final Inspection thereof and shall secure the release from the State of Florida, Division of Library Sen/ices and shall release all financial and inspection records after final audit and program review. The. Association shall be responsible for all obligations and duties that may remain under the Agreements after the completion of the building as set forth above. 3. n,~.~J:~-.~gl~t~/~. The Agreement, as Clarified and amended as Amendment No. 1, consist of the entire contract between the parties. No other covenants not contained in the original agreement and this amendment, oral or written, express or Implied, are binding on the parties. The original agreement is modified only by the express terms stated herein. All other terms of the original agreement are binding on the parties except as expressly modified herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date written above. A'CrEST: City Clerk CITY OF DELRAY BEACH, FLORIDA a Florida municipal corpomti.on David W. Schmidt, Mayor DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. By:'~ ~)~m~e! M~ ./Prdsident STATE OF ~ ~ O~ COUNTY OF ~ The foregoing Instrument was acknowledged before me this ."7f~' day of ~:~r~,~oo~ by ,; ./~ ~ , ~.~g_~~.~ corporation, on behalf of the corporation. . . personally known to me~ p~loced----~ (as ,d~~~~L Signature of Notary Public - EXHIBIT "E' D- FLORIDA DEPART,.'%I~N'r OF STATE r(IS~°~R~L.~_ :~'~v ~'~ ~"~o~,~,~r~o~ s~'~v~c~s rU~LIC LIBRARY CONSTRUCTION 13. To provi~ s~ approved si~ ami buil~.~ phns and~ Sub'm~ ~he tirol dmw~ ~d meci~s~ .... ~,. ,., ......,ns ~.~ by a licensad an:bita.,~., consml~ioa com~,~r. - ---------- ... ~ u~. ~u~ mr ~ ~ ro d~ award or'a C. To~~~.~ ....... RevisedO~l~02 3. change the locat~n, size, or quartet7 ot'~ny approved fi~d equipment; 4. tr~s~et ~m,4. ~'om Ibc - red · ~ eqtapment budget to the constmctioa budget, or V~ce versa; 5. affect desi~l li~ sa~ ~ean~es or' the ~acility or requ~ts for elim~*~on of arcb~ecna, al F. To include in the co~tmction contract provL~oea rot a Performance and Payment Bond and other ~ assurances as to the cone-actor's abilitT, to comply vv~th said contract provisions, putmant to G. To establish and nstizmin a ~-e~. acco._,~ .... . :-L To prorate the Dt'VIS~ON, t~ any authorized ~t,,,~mntative' access m the site and a~,cess to and r To notre/ tt~ DtrVT_SZON of the dam and m-,,. o~ f~--~ iuspe:t~on panicipationinsuchinspec~ior. 'brputposeof¢oncurringin the in order to ~rd D~TSIOH ~ ac~p~ce of the building. "~'"Y es to a~l te~idems of the a~ea ser.~L lC That it wffi not d~t~izmte against any ea~ulo.vee employed ~n the aga~st any appticant ~or employment because or' race, creed, pe~orma~e of RtLs a~t, or 'me GR~.~ shall ~ a ~i~ prov~on ~n ~ ~bcot~racc°~r' htnd~c~p, na~omtl ot~z~ or se~ - ~s :~r services by t~s ag~'eemen~ L To ompiy with E.',ec ive .Order Z t SS, 'ood ,' eme M. To comply ~h Che provisions ot~ Seclion 257. Zgt, ~To~,~ Satraps-, and tile regulacions implementing. the law, i~cluding $~tio~ ~53.$01-$$3.$13, F/orf~ Sr~t~, relating to accessibility by petsom with To Re use oi'tbe b~,~.- exclusively for the publi: lrerary purp~e~ A chan~ in its ~e mast be a~,~ved by ~be DIVISION. for ~hich constrm:ted or almred. Pa.se 2 Revved 06/13/02 1I. The DW~SION agre~a m: Provide li,~a~, in a~ora.,.-, ~ith tt~ ~, of ~his a~mnt and ~o tbs ex~nt that t~ approprimion for ~ project is ~le~sed ~o the DWISION For th~ PROJIiCT. Should the GR=M~T,~. fail to ~end e~ amount or'local 1~4~ ce~ffied in ti~ application, r~. DW~SION ~ ma~h ~- ~ ~t, on a dollar ~or dollar basia to · m~ of ~ ~t-ant awa~L Appli~tion ~ subje~ to any ~ ¢oacridoas s~,l*~l by the O~e olive Con~oll~, Stnt~ The DIVISION shall canal this .44~n~t ia d~ ~ tha~ ~t~ CR~.x~F~ ~efu~s ~ ~w ~ ~ m ~ ~ or o~ ~ ~j~t m ~ ~ of~ 119, ~ S,-.,~, ~ ~ ~ P~e 3 of 5 Revised0~l~02 K The Siam of Florida's perf~nmnce and obllp~ion to p*y uader this ~'~m~,,, is coati.gent ~oa aa ammal appropriation by tt~ legisz~,,,,'~. In tt~ ~v~m chat cb~ sram I~,,~ on which ~ agr~-m~xr is dq~nc~ are alze~dy incurr~i by ~t~ ~,,~ion da~ In lira evenc ora sm~ mv~ue shortfall, ~ ~ ~ b~ mduc~ I. Uulms ~,,~ by law ami a~'~d Io in va~i~ by ~t~e DLrVI~ION, fl~ DIVISION shall mx I~ lisbl~ ~o pay attmmey fees, Lmm'est or the cost o f collection. TI~ DIVISION shah not asp,,,--- any liabiliv/for dm ~ o,~,-ions m ~ or ae~-m~ of~h~ GRANTE~, ks ~mm, scl'yams ot -,~ploy~es; nor shall ti~ GR.A!'~ 1 ~. exdud~ liability for ~ts own ~ ~.~ m ~ or ~,o~'zy damage resulling from any acu~ities co-,t,,,-,'ed by tt~ GRAf's'TEE. GR.~"~ .~.. o~lm' ~baa a ~ ~.MCI'EE wl~ch is the Sm~ or agmcy or sulxlivisioa of~t~ Slam, assre~ m bold lt~ DIVISION Immless t'om a~i e~;,,,~ any ami odl claizm or dev,-,-.t, for ~,,,~es of H. ,N'~i~h~ ~t~ Sram nar any agency or sulxiivlsion of ti~ Sram waives any ~feuse of sovereign :..,.,..,~'y, or ~c~eas~ the li,,~, of ia liability, upon muefmg into a ¢omr~-nal mla~aship. Oo The term of this a~'eemeut van commence oa tt~ dam of exectm_~oa of ~e as~eeme~. Pas2e 4 of 5 Ravisad 06/13/02 C~ C! Si{mun'e of Aud~ Ot~ .t..-- Dave Maun, .Ams~mmt ,gec~-mry of Smu~ De~ of SUUe, S--,~,,, of Florida · Wiu~s~ Wimps ~ S , ,, OEPT, OF STATE/LIBRARY Fax:8~O-488-2745 Jun 4 2003 14:$6 P.l)2 29 Sou~heas~ Fourr. h Avonue Dolrey B~ach, FL 33483 2003 Dom' ~ohn, This is permission fbr the Delrey Bei~h Public Libriry to r~ise the pro~ec, ued consu'u~ion budget from $10,155 million submitted in ~he ~pplicagon to $6.S million. This revised 8rnount will become '~e new cost to conm~-uct tho libra~ flicility a~xi is ~he al~l~'oxlm~e amount ~o be expmeded by ~ha City o£D01ralr Beach for ~he ¥,,,}ac~. This ~ppzovel is made with tho undcrsr~n~in~ Lhat the Ub~'y building will b~ b~lt as d~crib~d ~ tl~ ~ran: application. If ~u have any questions or nccd additio~ml inflmnMion, please le~ me Icnaw. Mari~n De~ney . Lib~m'y Pro,-am Admirdstra:or Cc: VicVoria Pendl~on, tilisoll comuli~nt 06/04/03 WED 15:53 [TX/RE NO 6559] FXHIBIT "F" PROMISSORY NOTE Date: Palm Beach County, Flodda FOR VALUE RECEIVED, the undersigned, DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., a Florida corporation, referred to here as the "borrower," or "debtor" promises to pay to the order of the CITY OF DELRAY BEACH, a Florida municipal corporation, in legal tender of the United States of America, the principal sum of $800,000.00. Payments must be made at 100 N.W. 1st Avenue, Delray Beach, Florida 33444, or any other place or places as holder of this note specifies to the borrower in wdting from time to time. Principal will be payable with the first payment of $100,000.00 to be paid by August 31, 2004; a payment of $450,000.00 to be paid by June 30, 2005; a payment of $100,000.00 to be paid August 31, 2005; a payment of $50,000.00 to be paid by December 31,2005; and a payment of $100,000.00 to be paid by August 31, 2006. The City has also contributed $2.5 million dollars and other consideration on the promise of the borrower to construct a library building on the site owned by the City which is legally described as: Lots 1 through 4, Block 53, Town of Linton (now Delray Beach) according to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, les the right of way for West Atlantic Avenue. This note, including the promise to construct a library building, is secured by a Security Agreement, which is a lien on certain personal property described there located in Palm Beach County, Florida. This note is not assumable. This note will become immediately due and payable in full upon the sale or transfer of the collateral securing this note. The Lease shall terminate and the option rights will be nullified, the Construction Agreement and the conditions in the Security Agreement shall also be triggered if borrower fails to comply with the Tripartite and Interlocal Agreement and exhibits thereto, this note or any other agreement between the parties. Time is of the essence of this note. Borrower has the option and privilege of prepaying all or any part of the outstanding principal balance evidenced by this note without premium, penalty or charge. Partial prepayments will not alter the amount or due date of payments under this note until all indebtedness is paid in full. The happening of any of the following events will constitute a default of this note: (a) failure to pay a principal or interest payment when due under this note; (b) a default occurs under the Tripartite and Interlocal Agreement and exhibits thereto dated the same date as this note or (c) failure to successfully and timely complete the construction of the Library. If there is a default of this note and the borrower has not cured the default within fifteen (15) days after written notice of such default is given by the holder to the borrower, then at the option of the holder of this note the entire principal sum then remaining unpaid will immediately become due and payable without notice or demand, and the Security Agreement provisions shall be activated, and the Assignment of Lease and Cancellation and Nullification of Option Rights shall be activated. Failure to exercise any of the above options will not constitute a waiver of the right to exercise the same in the event of any subsequent default. All parties liable for the payment of this note agree to pay the holder reasonable attomeys' fees and costs, whether or not an action be brought, for the services of attorneys employed after maturity or default to collect this note or any principal or interest due hereunder, or to protect the security, if any, including but not limited to costs and attorneys' feeS on any appeal and in any proceedings under the bankruptcy laws or in any post-judgment proceedings. Notwithstanding any other provision of this note or of any instrument securing this note or any other instrument executed in connection with the obligation evidenced hereby, it is expressly agreed that the amounts payable under this note, or under the other instruments mentioned above. Borrower does: (a) consent to any forbearance or extension of the time or manner of payment of this note, to the release of all or any part of any secudty held by the holder of this note to secure payment of this note, and to the subordination of the lien of the Secudty Agreement and Assignment Agreement and any other instrument of security securing this note as to all or any part of the property encumbered by it, all without notice to or consent of the borrower, but this does not obligate the holder to do any of the above; (b) agree that no course of dealing or delay or omission or forbearance on the part of the holder of this note in exercising or enforcing any of its rights or remedies under this note or under any instrument 2 securing this note shall impair or be prejudicial to any of the holder's rights and remedies under this note or to the enfomement of this note and that the holder may extend, modify or postpone the time and manner of payment and pert'ormance of this note and any instrument securing this note, may grant forbearance, and may release, wholly or partially, any security held by the holder as security for this note, all with notice to or consent by the borrower and without releasing, discharging or diminishing its rights and remedies, but this does not obligate the holder to do any of the above; and (c) waive notice of acceptance of this note; and (d) waive presentment, demand, protest, notice of dishonor and notice of protest. This note is executed under seal in the State of Flodda and constitutes a contract under the laws of the State of Flodda and will be enfomeable in a court of competent jurisdiction in Palm Beach County, Florida. The undersigned agreed that Florida law will govern and control this instrument. The headings of the paragraphs contained in this note are for convenience of reference only and do not form a part of this note and in no way modify, interpret or construe the meaning of the provisions of this note. Documentary stamps, if required, have been purchased and affixed to the Secudty Agreement and Assignment Agreement dated of the same date as this note, and is recorded in the Public Records of Palm Beach County, Florida. Maker's Address By: Pdnt Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this __ day of ,2003 by (name of officer or 3 agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public - State of Flodda 4 SECURITY AGREEMENT THIS AGREEMENT, is made this day of of ,2003, by and between the DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC., and the CITY OF DELRAY BEACH, a Florida municipal corporation, its successom and/or assigns, herein called the "Secured Party". WITNESSETH To secure the payment of an indebtedness in the amount of $800,000.00 payable as follows: Principal will be payable with the first payment of $100,000.00 to be paid by August 31, 2004; $450,000.00 to be paid by June 30, 2005; $100,000.00 to be paid August 31, 2005; $50,000.00 to be paid December 31, 2005; and a payment of $100,000.00 to be paid by August 31, 2006. as evidenced by a (promissory) Note (hereinafter referred to as the "NOTE") of even date herewith, and also to secure any other indebtedness or liability of the Debtor to the Secured Party direct or indirect, absolute or contingent, due or to become due, now existing or hereafter adsing, including all future advances or loans which may be made at the option of the Secured Party, (all hereinafter called the "OBLIGATIONS"), evidenced in the Tripartite and Interlocal Agreement and exhibits thereto, Debtor hereby grants and conveys to the Secured Party a security interest in: (a) the property described in the schedule attached hereto and made a part hereof (hereinafter called the "COLLATERAL"), which COLLATERAL the Debtor represents will be used primarily in business or other use, (b) all property, goods and chattels of the same classes as those scheduled, acquired by the Debtor subsequent to the execution of this Agreement and prior to its termination, (c) all proceeds thereof, if any, (d) thereto. all increases, substitutions, replacements, additions and accessions DEBTOR WARRANTS, COVENANTS AND AGREES AS FOLLOWS: 1. To pay and perform all of the obligations secured by this Agreement according to their terms. 2. To defend the title to the COLLATERAL against all persons and against all claims and demands whatsoever, which COLLATERAL, except for the security interest granted hereby, is lawfully owned by the Debtor and is now free and clear of any and all liens, security interests, claims, charges, encumbrances, taxes and assessments except for personal property/tangible taxes for the current and subsequent years and as may be set forth in the schedule. 3. On demand of the Secured Party to do the following: furnish further assurances of title, execute any written agreement or do any other acts necessary to effectuate the purposes and provisions of this Agreement, execute any instrument or statement required by law or otherwise in order to perfect, continue or terminate the security interest of the Secured Party in the COLLATERAL and pay all costs of filing in connection therewith. 4. To retain possession of the COLLATERAL during the existence of this agreement, Debtor agreeing that, except for any sale of inventory in the ordinary course of business or any sale of equipment replaced with unencumbered equipment of equal or better value, upon any sale of the COLLATERAL, or upon any transfer, forfeiture, or conveyance of all or any part of Debtor's interest or equity in and to the COLLATERAL or upon any transfer of any shares of a corporate Debtor's capital stock, either voluntary, involuntary or by operation of law other than (a) a transfer by devise, descent, or by operation of law upon death of a joint tenant, or (b) creation of a lien or encumbrance subordinate to this Security Agreement, all sums then remaining unpaid hereunder and under the NOTE secured hereby shall, at Secured Party's option, become immediately due and payable in full, without notice, unless Secured Party shall first consent in writing to such transfer, conveyance or sale. 5. To keep the COLLATERAL at the location specified in the schedule and not to remove same (except in the usual course of business for temporary periods) without the prior written consent of the Secured Party. 6. To keep the COLLATERAL free and clear of all liens, charges, encumbrances, taxes and assessments, mortgages other than subordinate mortgages. 7. To pay, when due, all taxes, assessments and license fees relating to the COLLATERAL. 8. To keep the COLLATERAL, at Debtor's own cost and expense, in good repair and condition and not to misuse, abuse, waste or allow it to deteriorate except for normal wear and tear, and to make same available for inspection by the Secured Party at all reasonable times. To complete fictitious name registration of any fictitious name collateralized hereby within forty-five (45) days of the date hereof. 2 9. To keep the COLLATERAL insured against loss by fire (including extended coverage), theft and other hazards as the Secured Party may require and to obtain collision insurance if applicable; Secured Party shall be named as additional insured as to all such policies. Policies shall be issued by companies duly licensed and authorized to do business in the state where the property is located and shall be in such form and amounts as the Secured Party may reasonably designate. Policies shall be obtained from responsible insurors, authorized to do business in the state where the COLLATERAL is located. Certificates of insurance or policies, payable to the respective parties as their interests may appear, shall be deposited with the Secured Party (prior to expiration of preceding coverages) who is authorized, but under no duty, to obtain such insurance upon failure of the Debtor to do so; Debtor shall reimburse Secured Party upon demand for premiums paid by Secured Party for coverage in the event of Debtor's failure to secure insurance coverage in favor of Secured Party and said obligation shall also be secured hereby. Debtor shall give immediate written notice to the Secured Party and to insurors of loss or damage to the COLLATERAL and shall promptly file proofs of loss with insurors. Debtor hereby appoints the Secured Party the attorney for the Debtor in obtaining, adjusting and hereby assigns to the Secured Party all sums which may become payable under such insurance, including return premiums and dividends, as additional security for the indebtedness, to the extent of Secured Party's insurable interest therein. 10. If this Agreement is secudty for a loan to be used to pay a part or all of the purchase price of the COLLATERAL; to use the proceeds of the loan to pay the purchase pdce, filing fees and insurance premiums. The Secured Party, however, may pay the proceeds directly to the seller of the COLLATERAL. 11. To immediately notify the Secured Party in writing of any change in or discontinuance of Debtor's place or places of business and/or residence. 12. That if the COLLATERAL has been attached to or is to be attached to real estate, a description of the real estate and the name and address of the record owner is set forth in the schedule herein; if the said COLLATERAL is attached to real estate prior to the perfection of the security interest granted hereby, Debtor will on demand of the Secured Party furnish the latter with a disclaimer or disclaimers, signed by all persons having an interest in the real estate, of any interest in the COLLATERAL which is prior to the Secured Party's interest. THE PARTIES FURTHER AGREE AS FOLLOWS: A. The NOTE executed in connection with this Agreement is a separate instrument and may be negotiated by Secured Party without releasing Debtor, the COLLATERAL, or any guarantor or co-maker. Debtor consents to any extension of time of payment. If there be more than one Debtor, guarantor or co-maker of this Agreement or of notes secured hereby, the obligation of all shall be primary, joint and several. 3 B. Waiver of or acquiescence in any default by the Debtor, or failure of the Secured Party to insist upon stdct performance by the Debtor of any warranties or agreements in this Security Agreement, shall not constitute a waiver of any subsequent or other default or failure. C. Notices to either party shall be in wdting and shall be delivered personally or by mail addressed to the party at the address herein set forth or otherwise designated in writing. D. The Uniform Commercial Code shall govern the rights, duties and remedies of the parties and any provisions herein declared invalid under any law shall not invalidate any other provision of this Agreement. E. The following shall constitute a default by Debtor: i. Failure to pay the principal or any installment of principal and/or interest, or any late charge, on the NOTE when due, continuing beyond any grace period set forth therein. ii. Failure by Debtor to comply with or perform any provision of this Agreement continuing beyond any grace period set forth in the NOTE secured hereby. iii. False or misleading representations or warranties made or given by Debtor in connection with this Agreement. iv. process. Subjection of the COLLATERAL to levy of execution or other judicial v. Commencement of any insolvency proceeding by or against the Debtor or of any guarantor of or surety for the Debtor's obligations. vi. Death (or if Debtor is a corporation, dissolution) of the Debtor or of any guarantor of or surety for the Debtor's obligations. vii. Any reduction in the value of the COLLATERAL or any act of the Debtor which reasonably imperils the prospect of full performance or satisfaction of the Debtor's obligations herein. viii. Any default under any note or secudty instrument or the Tripartite Agreement and exhibits thereto which is prior in right, title or dignity hereto. ix. Any default under any Pledge Agreement, Collateral Assignment of Lease or other security instrument from Debtor to Secured Party made and given as additional security for the OBLIGATIONS, including the Tripartite Agreement and exhibits thereto, continuing after any grace period specified therein. x. Failure to complete fictitious name registration as to any fictitious name collateralized hereby within forty-five (45) days of the date hereof. F. Upon any default of the Debtor and at the option of the Secured Party, the OBLIGATIONS secured by this Agreement shall immediately become due and payable in full without notice or demand and the Secured Party shall have ail the rights, remedies and privileges with respect to repossession, retention and sale of the COLLATERAL and disposition of the proceeds as are accorded to a Secured party by the applicable sections of the Uniform Commercial Code respecting "Default", in effect as of the date of the Security Agreement. G. Upon any default, the Secured Party's reasonable attomey's fees and the legal and other expenses for pursuing, searching for, receiving, taking, keeping, stodng, advertising, and selling the COLLATERAL shall be chargeable to the Debtor. H. The Debtor shall remain liable for any deficiency resulting from a sale of the COLLATERAL and shall pay any such deficiency forthwith on demand. I. If the Debtor shall default in the performance of any of the provisions of this Agreement on the Debtor's part to be performed, Secured Party may perform same for the Debtor's account and any monies expended in so doing shall be chargeable with interest to the Debtor and added to the indebtedness secured hereby. J. In conjunction with, in addition to or by way of substitution for those rights, Secured Party, at its discretion, may: (1) enter upon Debtor's premises peaceably by Secured Party's own means or with legal process and take possession of the COLLATERAL, or render it unusable, or dispose of the COLLATERAL on the Debtor's premises and the Debtor agrees not to resist or interfere; (2) require Debtor to assemble the COLLATERAL and make it available to the Secured Party at a place to be designated by the Secured Party, reasonably convenient to both parties (Debtor agrees that the Secured Party's address as set forth above is a place reasonably convenient for such assembling); (3) unless the COLLATERAL is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market, Secured Party will give Debtor reasonable notice of the time and place of any public sale thereof or of the time after which any private sale or any other intended disposition thereof is to be made. The requirements of reasonable notice will be met if such notice is mailed, postage prepaid, to the address of the Debtor shown above, at least three (3) days before the time of sale or disposition. K. Secured party may assign this Agreement and, if assigned, the assignee(s) shall be entitled, upon notifying the Debtor, to performance of ail of the Debtor's obligations and agreements hereunder and the assignee(s) shall be entitled to all of the rights and remedies of the Secured Party hereunder. Debtor will assert no claims or defenses Debtor may have against the Secured Party against the assignee(s). L. The Secured Party is hereby authorized to file and/or record a Financing Statement and any necessary statements of assignment or continuation hereof. The terms, warranties and agreements herein contained shall bind and inure to the benefit of the respective parties hereto, and their respective legal representatives, successors and assigns. The gender and number used in this Agreement are used as a reference term only and shall apply with the same effect whether the parties are of the masculine or feminine gender, corporate or other form, and the singular shall likewise include the plural. This Agreement may not be changed verbally. IN WITNESS WHEREOF, the parties have respectively signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Print Name: By: Pdnt Name: Title: Pdnt Name: STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM A. NAM~ & DAYTIM~ PHO~ NUM~ OF CONTACT PESSON Susan A. RubY. City Attorney (5611 243--7091 B. SEND AC~3qOWLEDOE~ENT TO: Nm Susan A. Ruby, City Attorney Add~ lO0 N.W. 1st Avenue Add~ Delray Beach, FL 33444 Fl~ ABOV~ SP&C~ i~ FOR FIL~G OI~IC~ Um~ ONLy 1. DF~TOR'S EXACT ~ LI~ NAM~ - BflSERT ONLY ONE DEBTOR NAM~ (la OR lb) - Do Not Abbreviate 1~ ORC~TION'~ NAM~ oe-ray neacn Public Librar7 Association, Inc. '" YY .f. 4th A enue I~ TAX ~ 59--0217683 ORGANIZATION ~RST NA~ John M~DL~ NA/vIE j SUFI~ CITY Delray Beach STA~ {, TYPE OF OROAN~ATION ] I f. JU~SD~ON OF ORGANIZATION 501 (C) (3) Florida 2. ADDmONAL DEBTOR'S EXACT FULL LEGAL NAM~ - ~VSERT ONLy ONE DEBTOR NAM~ (2n OR 2b) - Do N~t AForev~ ~ C~mhin~ Nm 2a. ORGANIZATION'S NAME W/A 2b. E~D~)UAL'S LAST NAME 2c, MA~O ADDRESS FIRST NAME cfrY 2d. TAX H~RE~ REQUIRED ADD'L INFO 2~ TYPE OF ORGANIZATION [ 2f. JURISDICTION OF OROANiZATION [ 2& ORGANiZATiONAL iD# OROAN~.ATION DEBTOR QNONE 3. SE~ PARTY'S NAIVE (0~ NAME of TOTAL ASSIGNEE of ASSIGNOR S/P)- ~{SERT ONLY ON~ ~ PARTY NAME (3n rm ah,~ City of Delray Beach, Florida, a Florida ~unicipal corporation 3b. INDIVIDUAL'S LAST NAME NAME MH)DLE NAME 3~. MAII.~O ADDRI~ ~'rATE [ PO~TAL CODE COUNTRy 4. This FINANCING STATEMENT corm the followin{ collateral: See schedule to Security Agreement nh,4 Rider to UCC-1 F~nnncing Statement. ~. ALTER~ATE DESIONA'r~oN (if appl/~le) LESSEE/LESSOR ~NSI~NSI~OR BA~R AG. ~ ~N-~ ~G ~ ~ ~~Y ST~ T~ - YOU ~ ~ ~ ~K ~Y O~ ~X ~1 ~ s~ ~ ~ ~le ~ ~ ~ ~ ~ ~ ~ ~ ~ 201~ p.S., ~ve ~ ~ 7. O~ON~ ~ ~E~ DATA ~ ~- ~ U~-l ~V.I~I) ~ ~ Co~ STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM - ADDENDUM 8. NAME OF FIRST DEBTOR (lnOR lb) ON ~I~.!,ATED FINANCING STATEMENT 8~ ORC~{IZATION'S NAME Delray Beach Public Librar~ Association, Inc. 8k ~D~IDUAL'S LAST NAME F~ST NAME M~DLE NAMB SUF~X Ca~lahan, III John J. John J. Callnban, III is the Director of the Library YHB ABOV~ SPACE la I~R F~ING 0~ ~ O~ 10b. INDIV~UAL'S LAST NAME I0~. MAH. ING ADDRESE FIRST NAME MIDDLE NAME ~UFFIX STAT~ PO~TAL CODE COUNTRY DEBTOR NON~ 11. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S~ ~K'I' ONLY ONE SECURED PARTY NAME (I la OR lib) Ils. ORGANIZATION'S NAME I lb. INDIVIDUAL'S LAST NA~E ~ NAME 14, Nan~ and add~ of a R.ECORD OWNER of abo~d~s~bed mg e~a~ (if De~o~ do~ n~ Imve m m~ed inte~st): STANDARD FORM- FORM UCC-I ADDENDUM (REV.12/2001) [M~DLE NAME STATE POSTAL CODE IS..~,Mai,,~l colMmd See schedule to Securi~ ~re~nt ~ ~der to U~-I Ftn~c~ Statm~t SCHEDULE TO SECURITY AGREEMENT AND RIDER TO UCC-1 FINANCING STATEMENT Dated: The Secudty Agreement or Financing Statement to which this Schedule/Rider is attached covers the following types and items of property: (a) Fixtures or Leasehold Improvements. All fixtures or leasehold improvements owned by Debtor capable of severance and permitted to be severed from the premises located at 104 West Atlantic Avenue and 132 West Atlantic Avenue, Delray Beach, Flodda, which premises are presently owned by City of Delray Beach, Flodda, or successor business location(s) used by Debtor, said address(es) and location(s) hereinafter being described as the "premises." (b) Tanqible Personal Property. All of Debtor's interest in all fixtures, equipment, including but not limited to computers and copiers, scanners, etc. inventory, books, movies, tapes and tangible personal property of any nature whatsoever now or hereafter (i) affixed or situated in or about the premises located aforesaid capable of severance therefrom, or (ii) regardless of where situated, used, useable, or intended to be used in connection with Debtor's business or any present or future use or operation of or in said premises. (c) Incomes. All rents, issues, incomes and profits, in any manner adsing from the Debtor's business or the aforesaid premises, leasehold improvements, or tangible personal property, or any combination, including Debtor's interest in and to all leases, licenses, franchises, and concessions of, or relating to all or any portion of Debtor's business or the premises, whether now existing or hereafter made, including all amendments, modifications, replacements, substitutions, extensions, renewals or consolidations; the foregoing items are jointly and severally called the "incomes" in this instrument. (d) Contract Riqhts. Without imposing on Secured Party any liabilities therefor, all of Debtor's right, title, and interest and to any and all contracts, written or oral, expressed or implied, now existing or hereafter entered into or arising, in any manner related to the improvement, use, operation, sale, conversion or other disposition of any interest in the Debtor's business or the premises, leasehold improvements, tangible personal property, or the incomes, or any combination, including any and all deposits, prepaid items, and payments due and to become due thereunder, and including construction contracts, service/maintenance contracts, advertising contracts, purchase agreements and orders, equipment and other leases, including but not limited to the Tripartite and Interlocal Agreement and exhibits thereto and purchase options. (e) Name. All dght, title and interest of Debtor in and to all trade names now or hereafter used in connection with the operation of Debtor's business or the premises, and all related marks, Iogos, and insignia. (f) Other IntanRibles. All contract rights, bank accounts, accounts receivable, instruments, and general intangibles, as such terms from time to time are defined in the Florida Uniform Commercial Code, in any manner related to the use, operation, sale, conversion, or other disposition (voluntary or involuntary) of the Debtor's business or the premises, or leasehold improvements, intangible personal property, or incomes, including the telephone number(s), all permits, and goodwill of the business from time to time being conducted by Debtor in and about the premises. (g) Secondary Financin.q. All of Debtor's right, power or privilege to further encumber any of the property described in this Schedule and Rider for debt. (h) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the property described in this Schedule and Rider into cash or other liquidated claims, or that are otherwise payable for injury to, or the taking or requisitioning of, any such property, including all insurance and condemnation proceeds. As used in this instrument, the term "include" is for illustrative purposes only and is always without limitation. IN WITNESS WHEREOF, the parties have executed this Schedule/Rider the date stated above. DEBTOR: SECURED: DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. CITY OF DELRAY BEACH, FLORIDA By:. By: 2 EXHIBIT "G" ? CONSTRUCTION AGREEMENT THIS AGREEMENT, made and entered into this 2003, by and between hereinafter called the "Library", and hereinafter called the "City". WITNESSETH: day of WHEREAS, the CRA is to convey to the City and the City will be vested with fee simple title to that certain property situate in the County of Palm Beach, State of Florida, known and described as follows: Lots 1 through 4, Block 53, TOWN OF LINTON (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, less the right-of-way for West Atlantic Avenue. and the said Library desires to build a library and parking facilities ("Improvements") on said property above-described as set forth in the plans and specifications and said Library is without sufficient funds with which to construct said Improvements, and said City, as hereinafter provided, has agreed to make a contribution for the construction of said Library of $2.5 million dollars (the CRA to contribute $666,000.00 thereof and the City and CRA each to contribute additional monies under Exhibit "C" to the Tripartite and Interlocal Agreement) on the terms and conditions hereinafter set forth in the Tripartite and Interlocal Agreement and exhibits thereto. NOW, THEREFORE, in consideration of the mutual and separate agreements, covenants and warranties of the parties hereto and the $2.5 million dollars contributed by the City, it is agreed, covenanted and warranted by and between the parties hereto as follows: 1. The Library covenants, warrants and agrees: A. The Library will build a library and parking facilities on the above- described property and has the right, after a certificate of occupancy for th,e new library building is obtained, to enter into a long term lease on the property and has an option to purchase the property pursuant to the Tripartite and lntedocal Agreement of (date) and exhibits thereto, provided, however, upon a breach of this Agreement or a breach of the Tripartite and Intedocal Agreement and any exhibits thereto which may effect the successful and timely completion of construction of the Library, the City may take whatever action is necessary in law or in equity to secure its dghts and obligations under the Tripartite and Interlocal Agreement and Exhibits thereto, and if the breach occurs during construction of the Library, or upon the failure of the Library to repay monies due the City, the CITY has the option to complete the building using whatever monies the Library has raised for the project which shall immediately be turned over to the City. The City is entitled to take possession and title to the property and complete the construction of the Library on the property and any anticipated or actual lease rights of the Library and right to pumhase shall be null and void. The City shall have all rights to the items included in the Security Agreement. The Library shall also indemnify the City as provided in its agreements set forth in Exhibit "D". This covenant is in addition to and not a substitution for all rights of the City set for forth elsewhere in the Tripartite and Interlocal Agreement and any exhibits thereto, including this Agreement. B. The Library covenants and warrants that the as of the date hereof no materials of any kind have been placed thereon and no labor has been performed upon the property incident to the contemplated construction. C. The Library shall furnish the City, at Library's expense upon the completion of said building(s) and improvements, a pdnt or prints of survey showing said building(s) and improvements properly located on said property. The Library shall also furnish the City at Library's expense, a print or prints of survey made immediately after all foundation walls of said buildings are in place to show that any covenants and restrictions and zoning ordinances affecting said property have not and will not be violated by the erection of said building(s). D. The Library shall fumish and pay the premiums for, from the commencement of construction, fire and extended coverage insurance and insurance against such other hazards including flood insurance, if necessary, as well as builder's risk insurance, as shall be required by the City, in a company or companies acceptable to the City, in the full insurable value of the Improvements and covering the same. Said policies to be in such amount and form so that City will be a co-insured. The Library shall furnish at Library's expense such workmen's compensation, builder's risk and liability insurance as may be required by law and the City. E. The Library shall construct and erect in a true, thorough, workmanlike and substantial manner on the above-described property the Improvements herein mentioned in accordance with the plans and specifications heretofore and approved by City, which plans and specifications shall be construed together in such manner so that any works, structures, or parts thereof exhibited in the plans and not mentioned in the specifications, or vice versa, are to be constructed and erected as if they were exhibited in the plans and mentioned in the specifications. The Library shall fully equip said Improvements and install and pay for any fixtures and materials and complete and pay for any landscaping, walls, ddves, approaches or walks required by said plans or specifications or the mortgage loan commitment or certificates of reasonable value hereinafter mentioned or described in the application for such commitment, and place in said Improvements and pay for any chattels, furniture, 2 furnishings or equipment as required by said plans or specifications or by said mortgage loan commitment or mentioned or described in the application therefor. Library shall provide at the cost, charge and expense of Library all materials, labor, scaffolding, implements and cartage of every description for the due performance of the several works and the complete construction and erection of said Improvements herein contracted to be performed by the Library. Library shall not make any changes in the plans or specifications or deviate therefrom except with the written consent of the City. F. The Library shall take all necessary steps to assure that construction of said Improvements shall proceed continuously and diligently, and in all events shall complete construction and equipage of said Improvements and perform all covenants and promises contained in the preceding sub-paragraph (E) hereof not later than December 31, 2005. Construction of said Improvements shall commence no later than March 31,2004. G. The Library covenants and warrants that all necessary licenses or permits will be obtained to permit the completion of said Improvements and that all materials contracted or purchased are for delivery to said property and for use in said construction, and all labor contracted or hired for or in connection with said construction shall be used and employed solely on said property and in said construction and only in accordance with said plans and specifications. Copies of the necessary building permits shall be furnished by Library to City forthwith prior to any disbursement of funds pursuant to this Agreement. H. The Library agrees to comply with all federal, state, and local laws, rules and regulations of any nature whatsoever, applicable zoning ordinances and subdivision restrictions, now in effect or in the future. I. The Library shall fumish, on completion of construction on said property, all receipted bills, certificates, affidavits, releases of liens and other documents which may be required by the lien laws of the State of Florida or which shall be reasonably required by the City as evidence of full payment for all labor and materials incident to said construction and release of said building(s) on said property from all liens therefor. J. The Library shall supervise the construction of said Improvements without charge or deduction for such services. K. The Library shall execute all instruments required to fully comply with and perform same and shall abide by, complete and carry out all the Library representations, proposals and obligations. It is specifically agreed and understood that City's obligation to disburse the money at any time in accordance with this Agreement is contingent upon Library's full and strict compliance with all of the covenants, 3 warranties, representations, terms and conditions of the documents executed and delivered in connection with this transaction. L. The Library shall furnish City forthwith and prior to the disbursement of any funds pursuant to this Agreement, duly executed copies of the contract between contractor and Library and any other contracts and/or subcontracts between lienors and/or materialmen and Library, as well as a copy of the executed contract between Library and Library's architect. follows: Funds shall be disbursed and advanced by the City from time to time as A. Subject to the provisions hereof, such funds shall be disbursed and advanced by the City from time to time as follows: (1) The Library shall deposit to the City in a Library Construction Fund, all funds necessary to construct the Library subject to any payments to be made by other parties as set forth in the Tripartite and Interlocal Agreement and exhibits thereto. The funds to be drawn during the term of this loan will be disbursed by the City not more than one time each month on a direct payment basis as work progresses upon receipt by City of properly executed draw requests acceptable to City both as to form and substance together with bills and/or lien waivers. In addition, City shall receive prior to any disbursement a certification from City's inspectors, Library's architect, Library's general contractor and Library indicating the work in place. The costs of disbursements and inspections are to be paid by Library. City must receive at least seven (7) working days' notice prior to the payment of funds. Payments shall not exceed 90% of the value of the work performed and materials in place or the amount due to the contractors and material suppliers, whichever is less. Such ten percent (10%) hold back will be retained until completion of construction and funding of the final loan proceeds. There shall be no disbursements for materials stored offsite. Disbursements for materials stored onsite shall be permitted unless such disbursements are prohibited by or are in violation of the payment and performance bonds. B. Notwithstanding the provisions of sub-paragraph A last above and prior to the disbursement of any funds as set forth in said sub-paragraph A, the Library shall if requested, confirm that it has deposited in its own funds in the amount necessary to complete the construction of such improvements over and above the amount to be advanced hereunder, in such amount as City in its sole discretion shall determine on account of the construction costs of the improvements and the costs of chattels, furniture, furnishings or equipment, if any, as to such improvements (not including, however, cost of land or cost of any chattels, fumiture, furnishings or equipment which are not required to be pledged by said mortgage loan commitment), and the Library shall submit to the City evidence satisfactory to it that said sum was deposited from 4 Library's own funds and not from any secondary financing involving any of the property described above or the improvements to be made thereon. C. Notwithstanding any other provision hereof, the City shall be entitled at its option to refuse to make any disbursements hereunder, or to withhold a part of any disbursement, if the Library shall fail to perform or comply with any condition, contingency or requirement of any agreement between the parties. D. Said funds shall be disbursed in accordance with all of the standard controls typically placed upon the disbursement of construction proceeds by City. Disbursement will be made based upon a percentage of completion as described above, or directly to the contractor, subcontractor and/or supplier or in such other manner as City may determine. Requisitions for advances shall be on City's approved forms. All determinations as to cost-to-complete, feasibility, compliance with plans, specifications and building codes, frequency and amount of advance and other matters relating to disbursements shall be at the sole discretion of the City. E. No change orders that would cause the total construction cost to exceed $6,500,000.00 will be permitted unless approved in writing by the City and all change orders of any amount shall be paid for in advance directly by Library. F. If the services of an architect and/or engineer are employed, City shall, but at Library's expense, require the architect's and/or engineer's certificate as to the progress of construction before making each disbursement in accordance with the aforesaid schedule. G. The City may, at its option, from time to time during construction and at its completion require for its own information and protection evidence from the Library or contractor, or both, of the payment of bills for all labor and materials, but the City shall not be required or responsible to ascertain that any bills are paid. H. Without the prior wdtten consent of the City, all monies disbursed hereunder shall be used solely on account of costs of construction and improvements on the hereinabove-described property and expenses of the construction loan and no such monies shall be diverted or borrowed for any other use. I. The City shall not be responsible or liable to ascertain or determine at the time of making any disbursement hereunder, or at any other time, that the construction of said building(s) and improvements has been in accordance specifications or any contract of the Library for the construction thereof, nor that same as proposed or constructed is permitted by rastdctions or zoning ordinances, if any, affecting said premises. 5 J. As requested by City during construction, an Engineering Report satisfactory to City shall be provided, at Library's expense, from an independent engineering firm approved by City. Said inspections shall show all buildings and equipment to be in satisfactory condition and working order. 3. The City shall not be liable to materialmen, contractors, subcontractors, laborers or others for goods and/or services delivered and/or rendered by them in or upon said premises or employed in said construction or for any debts or claims accruing in favor of any such parties and against the Library or others or against said premises. The Library is not and shall not be the agent of the City for any purpose whatsoever. 4. All inspection services, if any, rendered by the City or officers, agents, or employees, shall be rendered solely for its own information and protection. Neither the City nor its officers, agents or employees shall be in any way liable for the failure of any dealer, contractor, sub-contractor or laborer to deliver materials or perform services to be delivered or performed by them. 5. If and when it shall appear in City's reasonable discretion at any time during the construction that the balance of costs of all the construction and improvements to be performed as aforesaid (cost-to-complete) will exceed the aggregate cost of the improvements, less such sums thereof as have been theretofore advanced or reserved, the Library, forthwith upon demand of the City,~ shall deposit with the City the excess amount of such costs of such construction and improvements. 6. If the Library or Library's contractor shall fail to perform according to the terms of this Agreement or cause or permit conditions to arise so that performance would be rendered unduly difficult or hazardous for the City, or if the Library shall fail, neglect or refuse to perform either or any of Library's promises or agreements hereunder, or breach any promise, covenant, warranty or agreement made hereby, or if it becomes apparent that the Library or Library's contractor will not complete said Improvements within the time specified in paragraph I(F) hereof, or if the Library shall become insolvent or if there is filed a voluntary or involuntary petition in bankruptcy of the Library, or if a conservator or trustee or receiver is appointed for the assets of the Library or an assignment for the benefit of creditors is made by the Library, then and in either such event the City may, at its option, withhold further disbursements hereunder and will be entitled to take possession of the property and has all rights as set forth in Paragraph I.A. and is entitled to pursue all of the remedies available at law and in equity and may pursue any or all rights and remedies as set forth in the Tripartite and Interlocal Agreement and exhibits thereto. 7. If at any time it shall appear that the Improvements are being constructed in violation of any environmental laws, regulations, rules, covenants, restrictions or zoning ordinances of governmental authorities affecting said property, the City shall be entitled to withhold further disbursements hereunder and, unless such violation is 6 attempted to be corrected and cured by the Library forthwith on notice to the City and the process continuously and vigorously prosecuted until completed, the City may at is option, declare all funds previously advanced be immediately due and payable. 8. The dissolution of Library shall not terminate the obligations of the Library to complete said Improvements and perform all other agreements hereunder, and the trustees of the Library shall be required to carry out this Agreement in the manner and within the time herein provided. 9. Should any dispute arise between the Library and the City that cannot otherwise be mutually resolved by the parties respecting the true construction and meaning of the plans and specifications, the same shall be decided by a competent amhitect and/or engineer to be selected by the City at the cost of the Library. 10. All charges and expenses (including but not limited to City's fee, recording fees, intangible tax on any mortgage on the property, documentary stamps on note, abstracting, counsel fees, inspecting engineers, amhitects, construction consultants, title insurance and title search expenses, recording charges and expenses, etc.) in connection with the construction are due and payable by Library. 11. The Library further represents, covenants, warrants and agrees that: A. No notice of commencement of any improvement upon any part of the property hereinabove described has been made, recorded or posted within forty-five (45) days preceding the date of this Agreement; no such Notice of Commencement will be recorded or posted prior to the recording of the mortgage hereinabove referred to; the Notice of Commencement will be properly recorded and posted prior to commencement of any improvements; and the improvements described in said Notice will be commenced within thirty (30) days after such recording; B. City's advances hereunder shall be disbursed by the City, as hereinabove provided; and City is not an agent of the Library, and has no obligation or responsibility to the Library or the contractor or lienors, for the further disbursement and proper payment of said funds to any parties for work, labor, services and materials done, performed and supplied for the construction and improvements on the property, or for compliance with or performance of any requirements or provisions of the Florida Mechanics' Lien Law, or otherwise; C. City's advances hereunder shall be disbursed for "proper payments", pursuant to Library's contracts and under the Florida Mechanics' Lien Law, for work, labor, services and materials done, performed and supplied to the property, and Library will timely comply with all requirements and provisions of the Florida Mechanics' Lien Law and will require and obtain from all contractors, sub-contractors and/or lienors all affidavits required, or permitted to be required, by said Law, and will 7 construct and complete the Improvements in accordance with the plans and specifications therefor, free and clear of all claims of lien; D. If a Claim of Lien shall be filed against the property, the Libreary, on request of City or the title insurer, will promptly make and record a "Notice of Contest of Lien"; and cause said lien to be bonded with a cash or surety bond in the amount required by law for the bonding of mechanic's liens within thirty (30) days of the recording of the claim of lien; and E. If and when requested by City, Library will promptly furnish satisfactory proof of compliance with all the foregoing and copies of all notices, affidavits and other papers received, made or given by Library relating to the property. City shall have the right to withhold payment of any advance otherwise due Library hereunder whenever, in the opinion of City or title insurer, the further disbursement of said .funds by Library would not constitute "proper payments" for work, labor, services or materials done on and supplied to the property under Library's contracts or under the Flodda Mechanics' Lien Law. Lien Law, owner not F. Library shall fully conform to and comply with the Florida Mechanic Florida Statutes 713, and shall obtain and maintain the full protections to an in privity, as described in Florida Statutes, Chapter 713.06. 12, Library releases City from any liability or damages arising out of or related to the disbursement of the proceeds hereunder, including any non-compliance or improper compliance with the Florida Mechanics' Lien Law, and Library and contractor severally agree to indemnify and hold harmless the City from and against any such liability or damages. 13. The mailing of a wdtten notice of demand, addressed to the Library, directed to the said Library at the last address actually fumished to the City, or directed to the said Library at 29 S.E. 4th Avenue, Delray Beach, Florida 33483 and mailed by the United States certified mail, return receipt requested, shall be sufficient notice and demand in any case arising under this instrument and required by the provisions hereof or by law. Notice to City if required hereunder, shall be deemed properly given when forwarded by certified mail, return receipt requested, with sufficient postage affixed thereto and addressed to City at 100 N.W. 1st Avenue, Delray Beach, Florida 33444, Attention: City Manager and to 200 N.W. 1st Avenue, Delray Beach, Flodda 33444, Attention: City Attorney 14. Nothing herein shall be construed to waive or diminish any right or secudty of the City. It is the purpose and intent hereof to provide safeguards, protections and rights for the City in addition to those provided and to better secure said City by reason of this Agreement. 8 15. This Agreement shall be binding upon and shall inure to the benefff of the parties hereto and their heirs, legal representatives, successors and assigns. The Library shall be released from obligations and agreements hereunder only by wdtten instrument of the City specifically provided for in such release. 16. This Construction Agreement shall be governed and construed under the laws of the State of Florida. 17. If this Construction Agreement is executed by more than one person then all singular nouns, pronouns and verbs herein shall be construed as plural nouns, pronouns or verbs; it being the intent and purpose hereof that this form shall conform to the circumstances as fully as if each change from singular to plural were set forth in writing herein. 18. No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties hereto. This ^greement contains the entire agreement between the parties hereto and there are no promises either written or oral, express or implied, between the parties hereto other than as herein set forth. It is expressly understood and agreed that the parties hereto intend this Agreement to be an integration of all prior and contemporaneous promises, agreements conditions, undertakings, warranties and representations between the parties hereto. 19. It is specifically agreed and understood that City shall not be held liable for any and all claims for loss, damage or injury of any nature whatsoever with respect to any person or to the property described in the Tripartite and Interlocal Agreement and exhibits thereto or the Improvements to be constructed thereon or to the personal property to be installed or located therein. Furthermore, City's negligence in the administration of the construction loan shall not excuse Library or anyone else from complying with any and all of the terms set forth hereunder and under the other loan documents of even date. All of the provisions set forth hereunder and under the other documents are to be fully enforced and are solely for the City's protection and are not to be and should not be relied upon by the Library, or other third parties. 20. Library shall pay and deposit with the City all and singular the out-of-pocket costs, charges and expenses, including reasonable attorneys' fees and abstract and/or title search costs, reasonably incurred or paid at any time by City because of the failure of Library to perform, comply with, and abide by each and every of the stipulations, agreements, conditions and covenants of this Agreement. 21. Library shall furnish City written notice forthwith, addressed to City by certified - return receipt requested mail, of any conduct (by action or omission) which in Library's opinion may be actionable against City, including but not limited to fraud, duress, breach of contract, breach of fiduciary duty, negligence, breach of covenant of 9 good faith, failure to disclose, interference, etc. Failure to fumish such notice will constitute a waiver by Library of such action. 22. Library warrants and represents that the subject property, to the best of its knowledge, does not contain any toxic or hazardous substances waste. All environmental laws, rules and regulations issued by all governmental authorities in connection with the foregoing have been and are being complied with and the use of said property will not violate any such laws, rules and/or regulations. Furthermore, City shall have the right to enter the property and inspect it from time to time to clean up, at City's expense, if Library fails to do so, Library shall immediately notify City of any significant release of hazardous substances on the property and the receipt of any notices or communications regarding environmental matters from governmental authorities. Library shall submit to City from time to time as requested by City proof acceptable to City, that there is full compliance with all environmental laws, rules and regulations. Library shall use its best efforts to obtain immediately upon request by City, certificates of compliance from pdor owners and operators regarding past use and shall have them furnished to City immediately upon receipt. Library shall fully indemnify City and save City harmless for any loss, damage or injury suffered by City or anyone else in connection with this provision, except for City's willful misconduct. 23. The recitals are incorporated as if fully set forth herein. IN WITNESS WHEREOF, the parties have executed this instrument under their respective seals the day and year first above wdtten. ATTEST: CITY OF DELRAY BEACH, FLORIDA By:, City Clerk Jeff Perlman, Mayor Approved as to Form: City Attomey Attested by: DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. Pdnt Name: By:. Print Name: It's President 10 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # '~Co - REGULAR MEETING OF JUNE 17, 2003 APPOINTMENT TO THE COlVlMUNITY REDEVELOPMENT AGENCY DATE: JUNE 13, 2003 The term for John Weaver will expire July 1, 2003. Mr. Weaver has fulfilled two full terms and is not eligible for reappointment. The term is for four years commencing July 1, 2003 and ending July 1, 2007. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or perfomaing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following have submitted applications and would like to be considered for appointment: SEE EXHIBIT "A" Based on the rotation system, the appointment would be made by Mayor Perlman, (Seat # 5) for a four year term ending July 1, 2007, however due to a conflict of interest, this appointment will rotate to Commissioner Costin, (Seat # 1). Pursuant to Commission direction, a check for code viohfions and/or municipal liens was conducted. None were found with the exception of Straghn Enterprises of Delray. Please see attachment. Voter's registration verification was completed and all are registered. Recommend appointment of one (1) member to the Community Redevelopment Agency for a term ending July 1, 2007. boardapptmemo. CRA 06-17-03 EXHIBIT "A' Community Redevelopment Agency Clu'istopher Brown Thomas F. Carney, Jr. Reginald Cox Robert Currie Joseph Del Casino Evelyn Dobson Joseph Ferrer Gilbert Forbes Roy Fraker Lynn Gardner Bruce Gimmy David Hawke George Maso Richard McGloin Leonard Mitchell James O'Brien Angela Randolph GaryRosen Jerome Sanzone Kathleen Schoenberg Alexander Simon Thomas Stanley Dinah Stephenson Alfred Straghn Kevin Warner Glenn Weiss Architect (also applying for the Downtown Development Authority) Attorney (currently serving on Delray Beach Housing Authority) Project Coordinator Architect Financial Financial Financial Manager Realtor Retail Architect Realtor (currently serving on West Atlantic Redevelopment Coalition) (also applying for the Downtown Development Authority) (also applying for the Downtown Development Authority) (currently serving on Code Enforcement) (currently serving on Code EMorcement) (currently serving on Downtown Development Authority and West Atlantic Redevelopmem Coalition) (also applying for reappointment to the Downtown Developmem Authority) Engineering/Business Coordinator (currently serving on the Downtown Development Authority and Public Arts Implementation Committee) Law Enforcement (currently serving on Education Board) Realtor (also applying £or the Downtown Development Authorit~ Construction (currently serving on Delray Beach Housing Authorky) Realtor (currently serving as altemate for Board of Adiustment) Building Official Attorney (also applying for the Downtown Development Authority and Education Board) Realtor Attorney (also applying for the Downtown Development Authority) Ileal Estate Attorney (currently serving on Public Employee Relations Commission) Business (currently serving on West Atlantic Redevelopment Coalition) Engineer Program manager (currently serving on Public Arts Implementation) MR430101 City of Delray Beach Florida Miscellaneous Receivables Inquiry 6~03/03 16:19:47 Customer ID : 358 Name: Last statement : 5/31/03 Addr: Last invoice : 3/10/03 Current balanc~ : 57.50 Pending · · : .00 Previous'bilanSe : 57.50 Deposit balance : .00 Type options, press Enter. Open Activity 1=Select Opt Code Description Current GARBG SPECIAL COLLECTION .00 STRAGHN ENTERPRISES OF DELP~AY BEACH, INC 26 SW 5TH AVE DELRAY BEACH, FL 334442512 A ACTIVE SPECIAL COLLECTION Overdue Total due 57.50 57.50 F3mExit F10-Combined detail F14-Daposit detail FT-Pending activity F11mInvoice inquiry F21~Other tasks FS-Charge hsty F12mCance1 F9-Payment hsty MR430101 City of Delray Beach Florida Miscellaneous Receivables Inquiry 358 5/31/03 8/29/02 275.26 .00 275.26 .00 Name: STRAGHN ENTERPRISES OF DELRAY Addr: BEACH, INC 26 SW 5TH AVE DELRAY BEACH, FL 334442512 A ACTIVE Code Enforcement Open Activity Description _ ADM01 N/A ADMINISTRATIVE FEE _ CODE1 Nuisance Abatement _ INT Interest-Nuisance Abatemt Customer ID . . : Last statement : Last invoice Current balanc~ . Pend%ng ..... Previous balance Deposit balance Type options, press Enter. l~Selact Opt Code 6/03/03 16:08:54 Current Overdue Total due 1.62 119.09 120.71 1.98 146.75 148.73 .00 5.82 5.82 F3-Exit F10-Combined detail F14-Deposit detail FT-Pending activity F11-Invoice inquiry F21-Other tasks FS=Charge hsty F12=Cancel Fg-Pa~aaent hsty 3un OB 03 Ol::~3p 06/04/03 WED 09:16 FAX ~6! 24~ ~774 CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~oo2 Please t~:)e or print zhe ~roUo~g i~fozmadon: ~. P~p~ Business Address: ~ S~te Zip 5. ~ome Phone: Bu~ess Phone: ~-~ Ad,ss: ~ Phone: F~: 6. Arc yOU a ~tered %'ot~ ~ ]fso, ~. ~at Boi~(s) ~e you intercsted m le~g~ P~Ise Ust ~ o~et of p~et~ 8. ~st aU Ci~' Boards on w~ch you I~ c~endy ~g ot ha~ pre~ou~y ~cd: ~le~sc ~lude ~es) I0. ~s~ ~y ~tlsted professio~ ce~fica~ons ~d ~ses w~ch you hold: I I. Give your p~sent, or most recent employez, ~d ~sieon: ~2. ~sc~be expe~ences, ~s ot ~l~dge w~h q~' you to se~c on ~s ~atd: ~i~se a~ch a /on~ppU~n ~ay cause foffd~ u~ my p~ of my ap~m~ent I may r~eive. SIGNA~ Note: This appUcadon wilJ remain on Ede in the ~ aerk's Of Sce for n peziod of 2 yea~ fzom thc dat~ it was subnUued. It ~ be ~e appUc~t's zespor~sibility to et~ure that n cu~flt tpplic~uon is on ele. RECEIVED ,,-..,~.,,~o~,,~.~ JUN 0 9 2003 OITY CLERK 3un 08 03 01:~3p p.3 CIVIC DESIONASSOCIATES Chr/smpher J. Brown, Urban Phnncr Principal M~, B~wfl s~d~s ~ ~ pl~ ~ono~c ~lopm~ ~d ~ esm~ cons~fing p~va~ ~d pubk eflgfies. He se~d ss ~e Execu6ve Di~r of ~e ~ ~h, ~o~da. ~ofl~um~ ~vdop~n~ ~cy (~), s ~ u~c~ent-~g ~s~ct. encomp~s~g 2,~ ~d pmiec~ m Detmy ~h. As C~ ~mc~t, he ~plemen~d ~ affo~able ho~ing pm~, es~bhshed a ~cm-lo~ p~ fo~ sm~-bus~sses, dev~oped ess~6~ p~g lo~ · e do~,ntog~, comp~ted ex.naive s~et ~au6ficsaon, s~cted urban hou~U~ promoted ~sidenu~ ~i~ ~x~afion, c~a~d s Sam~av mo~ng G~n Ma~g co-~nm~d a n~on do~-s-~, s~cess~ down~ m~ke~ p~. ~e C~co- s~nso~d ~e es~ent of a "M~ S~t" ~e C~ is ~own ~r its l~d assembl~ capab~6es m ~ch ~velo~ ~d as~mbled pm~ ~m ~e ~a~ for ~&vdopment p~ses ~d ~r i~ a~ssive ~smess ~c~ent pmk. ~e ~y ~so ~cei~d o~t ~3 fi~een ye~ as s ~ es~tc de~ ~ ~o~ed ~ ~o pubhc comp~es, ~R Ene~ ~d president of ~e ~onda ~develop~a ~s~isgon. M~. Bm~ p~ed d~e ~ of G~c Desi~ Ass~m~s. ~ ~ pl~in~ econ~ de~lopm~g ~d ~ de~i~ co.s~&~g fi~, E~a~on ~d ~ifica~on ~nsed Gener~ ~n~mr. S~ of Bonds ~ _ B~elor of F~ ~, Y~ U~i~ Msste~ of ~m~. U~i~ of Pe~s~v~ga Masmr of G~ ~d ~on~ H~ U~v~m~ of Pe~ylv~is Professional Societies and Orgamzafions Congress ~ d~c New Utbsaism 'Pae Urban Land Ins6tut~ The Lqtemafional Council of Shopping Centen Florida Redevelopment Association, Board of Dieecton. 1996-2003 Palm Beach Photogr~hic Center, Board of Di~ctors, 2000-2003 Business Loan Fund of the Palm Beaches, Inc. 1996-2000 Palm Beach County Impact Fee Revie,~v Board, 1995-2000 Teaching Experience Adjunct P~oi~sso~, Department of Aschla~ctum, Rice University, 197%83 Adjunct l"%0fessot, Umve~ity of Hou~wn Bates College of Law, 197743 Recent Pvoje~m Include: · Community Redevelopment Plan, Amehcan Beach, Nassau County., Flori& · Community Redevelopment Plan, Fort Ix. erce, Plo6da · Community Redevelopment Plan, Pompano Beach, Plorida · Central Plantation Master Ban, Plantation, Plonda · Community Redevelopment Plan, Ft. Lau&tdale, Flonda · Houaing Fiscal Impact Analysis, Stua~ Plotida ECONOMIC DEVELOPMENT ] URBAN DESIGN J TOWN PLANNING DEL~Y BEACH BOARD MEMBER APPLICATION REOEIVED DEC 2'1 2001 OITY 'CLERK THOMAS F. CAP. NEY, JR. (561) ~ I~.00 (Office) (561) 369-1175 (Fax) October 1979 to Present CARNEY LEGAL OROUP. P.A. Attorney-at-Law concentrating in real estate; financial transactions; contracts; international transactions; and corporations; Certified Circuit-Civil Mediator December 1983 to Present CAP~NEYANDCOMPANY, INC. Founder and Chairman of the Board. Activities include investment banking and holding company operations. Subsidiary companies include : The Carney GrQuD, Inc. (investment banking, member N.A.S.D. and S.I.P.C.); March, 1991 to Present December, 1996 CARNEY-JONES INVESTMENT CORPORATION Co-Founder and Chairman Engaged in the acquisition and/or management of office buildings and multi-family residential properties. December, 1990 to October, 1993 ROANOKE-LYNCHBURG TELEVISION ACQUISITION CORPORATION. Founder and President Owned and operated Channels 21 and 27 in Roanoke-Lynchburg, Virginia (Fox Television Affiliate). Company sold in Oct. 1993. December, 1990 to December, 1994 ECOLOGIC WASTE SERVICES, INC. Co-Founder and Vice-Chairman Company founded and was one-third owner of U.S. Tire Recvclinq, Inc., the largest collector and disposer of scrap tires in the Mid-Atlantic states (headquartered near Charlotte, N.C.). Company sold in December, 1994. December, 1984 to EXPLOTACIONES PORTUARIAS, S.A,, TARRA~ONA, November, 1987 SPAIN. President. Owned and operated private maritime terminal and stevedoring company; developed new business/trade between the Port and other European and South American/Caribbean countries. June, 1981 to October, 1983 COMMITTEE ON WAYS AND MEANZ, United States House of Representatives, Washington, D.C. Assistant Republican Counsel. October, 1979 to June, 1981 OFFICE OF CHIEF COUNSEL, Internal Revenue Service, Washington, DC. Attorney-Advisor, Legislation and Regulations Division. 1 BANK DIRECTORSHIPS May, 1984 to July, to June, 1992 CARNEY BANK. Founder; Vice Chairman of the Board. December, 1988 to August, 1992 COUNTY NATIONAL BANK OF SOUTH FLORIDA. Director; Member Executive/Loan Committees. May, 1984 to March, 1987 GIBRALTAR SAVINGS AND LOAN ASSOCIATION. Miami, Florida. PROFESSIONAL MEMBERSHIPS Florida Bar Association, Massachusetts Bar Association, United States Tax Court Bar, United States District Court (Southern District, Florida), and the United States Supreme Court. EDUCATION Legal Georgetown University Law Center, Washington, D.C., Master of Laws in Taxation (M.L.T.), 1984. Boston College Law School, Newton Centre, MA, J.D.0 1979. Activities: Associate Editor, Boston College International and Comparative Law Review, 1978-1979; staff member, 1977-1978. Student Representative, Committee on Foreign Activities of U.S. Taxpayers, A.B.A. Section of Taxation, 1978-1979. Publication: "The 1976 French Finance Law: Its Effect on U.S. Citizens Residing in France with U.S. Source Passive Income," 2 B.C. Int'l & Comp. L.J. 163 (1978). Undergraduate Spring Hill College, Mobile, Alabama (Political Science), 1976. Maana Cum Lauds. University of Bristol, Bristol, England (Junior year abroad). B.S. OTHER ACTIVITIES 1996 - present Deleaate to ~he United Nations, Permanent Observer Mission of the Sovereign Military Order of Malta to the United Nations 1995-present Delrav Beach Housina Authoritv. PERSONAL Married, two children Date of Birth: February 15, 1954 LANGUAGE French; some Spanish REFERENCES Furnished upon request. ~,~,Y BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or prim the following information: Z Home Address: State Zip Cod. e 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone:XL/~- E-Mall Address: Cell Phone: Fax: 6. Are you a registered voter? ..N~ Ifso, wbereaxeyouregistered?~'~[/~/~/~(~ 7. What Board(s) ~re you interested in sen, in~ Please list in order of preference: 8. List all Cit3- Boards on which you ~'e currently serving or h~ve previously sexved: (Please include dates) 9. Educational qualifications: 10. List any related professional certifications anfflicenses which you hold: 11. Give your present, or most recent ~'mployes, and position: 12. Descxibe experiences, sleillg Or knowledge v/hich qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statement~ a/e mae, and i agree and understand that any misstatement of containesl.~ this application ~Tay cause forfeiture upon my pa~ of any appointment I may ~ec~ lye. Note: This application will remain on ftc in the City Clerk's Office for a period orgy,_ars from the date it was submitted. It will be the applicant's responsibility to ensure l[[~~ion is o~c~n filecm~o~m~,mc~no~ O.l"rY CLERK REGINALD A. COX 407 East Ctnl ~ ~le Delray Beach FL 33445 (561-266-5748) Objective: To obtain a p~;fion in a construction or related o .r~snt*'atlon focusin~ on archt*__n~__ural, construction, business or related management or instruction. The environment should encourage professional development and offer career advancement opportunities. HIGHLIGHTS OF QUALIFICATIONS · 12 years aiwa'sifted experience in Atchitect~e, Civil Engineering, Construction Mnna~ment, and SurveyiDg/MappiDg. (6 years architectural specific.) · Ability to prloHtize, delegate, ,,,,d motivate. · Quick leafier; l~LrJve iD a d.vnnm{% challe~l~iDg fftlvh~,-mt'qlL · Work cooperatively with a wide range of cliants. RELEVANT EXPERIENCE & ACCOMI~ISHMENTS Construction Documentation · Associate Degx~ Drafting and Design Tech~logy, palm Beth Community College, 1990 · Reco?i:,e and understand drawings/symbols fi.om architectuntl and angine~l~ug draw~gs. · Oversaw, trpdated, and muh~aiDed civil engiDecriDg systems drawings for the City of Delray Beach Eavironmental Services Department for four years. · Successfully completed architectural consu'ucfion documents for educaZiona~; o~ce, residential, commercial, ,md reU'ofit projects ove~ the last nine yeats. · Analyzed and interpreted legal descriptions to produce digital stu'veys, ma.n,L and ~esource planning boundaries. Conservation and Rec~ation ~ re, ds Program (CARL), Florida Del~ of Bnv. Protec~on · Producgon Team member for severa{ commmcial, office, and educational facilities iD Canu'a~ Flo~da. · Performed ¢onstruc~on documentation review for compliance with municipal, state, and national building codes. · Perform sU'ucturai building iDspecfions for ~sidenfial and co,,,,,.~rcial facilities. · Perform shop drawing review for multiple educational, memantile, and business facilities. AdmiDlstration~l~m~emem · Responsible for Wainlng and ovea~ciDg draf~g technicians iD the production of working drawings for m-!fiple commercial projects. Sverdrup CRSS, 1998-2000 · SuccessfilUy managed various architectural projects, with budgets over S!,000,000 fxom t~liminary design through construction doc,m~,utation. · Responsible for te. ducing conslrucfion doo,,~ut phase by 50% un 45,000 SF merCantile projects. · Monitored and x~orted cost iDformarlon to area engineers and architects for cost control da~a m~d collected information for specific discipline. Bechtel, 1992 · AdminiKlered subeonuuct procedures, as applied to lower-tier subconwaetors, Bechtel 1993 · Produced sprcndsbeets as required for submittal, iD~pections, aud hoisting and rigging as pe~a~,{ng to subcontracts under the U.S. Department of Eaergy prime r. unuact. Bechtel 1993 · Oversaw and directed FAMU-NOMA nd,ni,,i~'trative funcfiomms for three years. (1993-1996) · Developed division oftespomibilities and mudiDg commlUees · Developed and supervised o,r~-i,*,{oual budget. · C)r_~i-,,d key persounel towards establishing a Florida chapt~ of the National Ch'_~i:'~,~on of MiDofity Architects (NOMA). (May Computer Sk-nl, · Respons~31e for Ul~q co~ter hardware and so~. worting as offi~ liaison for computer problems. Offioc of Environmsutal Services. SLate of FiDrida · Over eight years diversified experience using Autot'-~ (Release 9-14) · Completed eom'se iD Advanced ~ Troubleshooting. ($une 1996 Essential Seminars) · Competent user of a variety of software which include MicroStation, Microsoft Word, Excel Outlook, CorelDraw, WordPa'fect 7.0, AreV'~w, Novell OroupWise, AS400, and Auto Arehltext. Page two R.F INALD A. COX WORK msTORY Nov'01 - Project Coordinator Oct '00 - Nov'01 Plans F~uml,ner II Aug '98- Oct '00 Project Architect Nov '97- Aug '98 Projoct Architect May '97-Nov'97 lntera Architect Sep '96-Feb '97 Architectural Drafting Dec '9S-May '97 Engineering Technician Ill Aug '93-Dec '95 AutoCad Ol~-ator May '93-Aug '93 Subconlract Technical R~. Jan '92-Aug '92 Held Technician Jun '86-Dec '91 IN'a~rson EDUCATION Master of Business Atlmi~alion, - ~ OF PHOENIX, 2001 Bachelor of Archite. c tvr~ -FLORIDA A&M UNIVERSITY, 1997 Bachelor of Science, Architectural Studies - FLORIDA A~M UNIVERSITY, 1995 Associa~ of Science, Drafting/Design Technology - PALM BEACH COMMUNIIY CO~ I ~:GE, 1990 AssociaIe of Arts, Educazi/m - PALM BEACH COIvIMUNITY CO~-~ ~GE, 1991 Dr. R/chard Dozier, NOMA, AIA - Professor of Architecture, Flo~da A&M University Roy F. Knight, .MA - P~t President lqofida Association of the American Institute of Architects Roland Udenze, AIA - Pa.st President Orlando AIA Dr. Greg Brock, Envi~nn'~ntal A~lmini~Irator, Divisioll of S~ate I ~mt~ lgDI~ 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION State Zip Code 4. i=~,~pal Busine..Address: City Surge Zip Code 5..HomePhone: { Business Phone: ,F~-MagAddmu:' Ce2Phoze:~ Fax: ~GNAT Nme: This ~ppl~tlo~ will mmin on ~le h the Cji7 Cl~'s Ofi~ ~r · l~Od of 2 ye.~rs fi~m thc ~h= it w~ subm/ued. It will be d~e ipplic~m's .-csponfa'b~ to c~uze d~ · cu=mt appllmtion is on ~c. RECEIVED HAR ! 3 2003 ClT~ CLERK ROBERT G. CUIUUE, AIA 8enior Designer ~ E3~RlleNCE, · ,Since lg~9 IEEOISTRATION · Architect: CerUfled: #4964 · NC, ARB, ~11365 EDUCATION · Bachelor of Architecture. 1962 University of Minnesota · Plaster in Architecture. 1965 Hanc~d University ,{3m*aduate Schoo! of Design PROFESSIONAL AFFILIATIONS · American lruUtute of Archltect~ · J~orlda A..~oc~tJon, Palm I~ach Chapter P~st President Design Awards Co~u'nlttee COMMUNITt' SERVICE ~' ORGANIZATIONS · Pederal Reserve Bank ~ry Board - AUanta Board Member · I~eapple ~ ~ain $~eet Board Pten~er/ · City of Delray Beach P'~annlng and Zoning Board Pa~t Chair · City of Delray Beach Community Appearance Board Past Chair . Robert O. Currle is the founding principal of the architectural firm ROBERT O. CURRIE PARTNERSHIP, Inc. located since its 1969 inception in Delray Beach, Florida. He received a Master in Architecture from Harvard University, Graduate School of Design in 1965 and a Bachelor of Architecture from the University of Minnesota in 1962. Mr. Currie is certified as an architectural professional by NC, ARB and has been registered in the states of Florida, Connecticut, Illinois, Massachusetts, Maine, Hew Hampshire, Rhode Island, South Carolina and Virginia. Over the course of his professional career, Mr. Cuttle has planned and designed virtually every project type, including municipal, public assembly, residential, commercial office, hospitality and historical restoraUon facilities, in both the United States and abroad. His knowledge of international design and construction was developed through projects in the Middle East, Australia, Central America, China and the United Kingdom. In addition, he taught at the University of Sydney (Australia), the University of Miami (Florida) and Florida Atlantic University. With almost fifty design awards to his credit, Mr. Currie is the firm's principal designer and responsible for projects through the design development phase, in 1990, he received the American Institute of Architects Palm Beach Chapter Award of Honor for Design for his contributions to architectural design. The firm was honored by the Florida Association of ALA as the ~ of the Year 2000. In November 2002, Mr. Currie received the prestigious GoldMedalAward from the Palm Beach Chapter of the AIR in recognition of his contributions to the architectural profession. pELRAY BE~CH 1993 .2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION the info~'m~iion: n ~ 2. Home Address: 4. P~dp~ Bu~ess Address: 5. Home Phone: Bu~ess Phone: E-~ Ag~ss: ~ Phone: F~: 6. ~e you a re~st~ed voter? ~e~ ffso, where 7. ~at Board(s) are you ~t~ested m s~z? Please ~st ~rder ofp~f~mce: (~3 --- - -- 8. ~st ~ Ciw Bo~ds on ~ch you ~ ~nfly sen~ o~ hive pr~ou~ se~ed: ~lesse ~du& ~teB 10. ~st ~y rehted pmfessio~ c~fi~fions ~d hccnses w~ you hold: 1 I. Give your presen~ or most rec~t ~ploye~, ~ Dc~be.~ce~ s~s or ~]e~ w~ ~ you m ~e on ~s ~d: ~l~se ~ s b~ef ~s~e) Note: This application will remain on file in thc Cit7 Clerk's Office for a pefi_od__o.f.2 ye~2.ftom the date/t was submitted. It will be the applicant's tesponsibilhy to ensure thaiS[ ~~]leln is on file. CITY CLERK Joseph J. Del Casino 11211 South Militao' Trail Apt ~g23 Boynton Beach, Florida 33436 Home (561) 738-4586 Jdelcasino~hotmail.com SUMMARY Senior investmenl professional with 20+ years undem~ifing experience in real estate and alternative im,estments as principal, advisor and consultanl. Proven track record in developing profitable, long term investor and institutional relationships. Substantial uansaction and portfolio managemcm experience. CAREER EXPERIENCE Acted as principal, advisor and consultant for real estate investments, mortgage lending, private equi~~ and venture capital im'estmems. Exlansive transaction and portfolio management experience including managing a $6 billion national real estate portfolio and $3 billion in real estate acquisitions and mortgages. Business developmenl and marketing experience with institutional and high net worth investors. Private and public sector experience with large and small organizations. Hired, trained and managed professional staffs. Excellent presentation skills. PROFESSIONAL AFFILIATIONS INDEPENDENT CONSULTANT, New York. NY 2000 - 2001 Private lnvestmen! Fund Advisor to SCHIEFFELIN & SOMERSET COMPANY, a join! venture of Diageo PLC and Moet Hennessy Louis Vuitton. Directed stralegic development and implementation ofa vemure capital investment program as part ora strategic marketing campaign. DONALDSON, LUFKIN & JENRETTE. New York. NY 1997 - 2000 Principal. Director of Real Estate Investments. DLJ Asset Management Group Joined DLJ initially to create an infrastructure for managing thc dramatic groxxlh of ils alternative investments program, and ullamalely to direct the creation and managemcm of its real estate product [me. NEW YORK STATE COMMON RETIREMENT FUND, New York. NY 1990 - 1997 Chief Real Estate Investment Officer (UndemTiting Manager) and Director of Real Estate Investments Joined the Fund initially to restructure ils real estate investment program, manage the underw~'iting of all next' investments and ultunately to dm,clop and exl:~and its investment scope and strate~,. CUSHMAN & WAKEFIELD REALTY ADVISORS, INC., Nc~- York, NY 1986 - 1990 Assistant Director. Portfolio Management JONES LANG WOOTTON, New York. NY 1981 - 1986 Senior Investment Associate PARSONS BRINCK~RHOFF QUADE & DOUGLAS, INC., Ne~' York. NY 1980 Projecl Manager JOSeph J. Del Casino Page 2 Member of the Urban Land Institute CULl). Pension Real Estate Association (PREA). and the International Council of Shopping Centers (ICSC) EDUCATION UNIVERSFFY OF PENNSYLVANIA, Philadelphia. Peuns3..h,ania. 1980 M.C.P., Master of Civy Planning Substantial course work al The Wharton School UniversiV,., of Penns3,1vania Research Fellowship. Full scholaiship, 1978-1980 American Planning Association A~rd for highest scholastic average in planning program. 1980 William L.C. Wheaton Award for scholastic achi~ement. 1979 BROWN UNIVERSITY, Proxidence. Rhode Island. 1978 A.B.. Economics and Urban Studies Brown Uinversi~' Scholarship. 1974-1978 NEW YORK UNIVERSITY, New York. New York. 1981-1983 Real Estate. Appraisal. Investmera. and Finance courses. LICENSES: Series 7 .PUBLICATIONS Numerous articles in business and real estate publications including Barron's. The Appraisal Journal. Urban Land. Real Estate Review. and Real Estate Issues. Member. Editorial Advisor- Board. The Handbook of Real Estate Portfolio Mana~,ement (Ir~n) and author. Chapter 23. "Portfolio Diversification Considerations." 1995. KEY WORDS Real Es'tale. Mortgages. Lending. Sub-prime and Non-conforming Lending. Alternative lm,estments. Private Equity. Fund of Funds. Institutional Investing. Unden~Titing. Acquisitions. Loans. Financings. Sales. Asset Management. Portfolio Management. Joint Venire'es. Marketing. Business Development. Valuations. Appraisals. Financial Advisurs. 561-S12-907S 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION p.2 ~c~sc ~ or p~m ~¢ follovinKin~zzmion: 2. Home Ad&e~s: ,2,Gd 'ty J S~c~ ~p ~de . 4. ~p~ Bu~css Address: S~ 5. Home Phone: Bus~s Phon~ ~ ~d~e~: C~II Phone: 6. ~e you a r~ste~cd voter? ~ so, where ~e ~u ~s~[d? 7. ~t~ ~'~,~z~d(s)~e ~o~ ~tc~smd ~ s~? PI~ ~z m o~er ofp~f~nc~ I1. G~e yo~ pzes~ ~ most ~t ~ploy~, ffi Note: This appliczgon ~ remain on file in the City Clc~'s O~ce los · pesiod of 2 year3 from the date it submined, hwitl bc uhc applicant's ~.spon,,'biliry to ensur~ that · curt'tnt nppllctfion is on ~]e. RECEIVED JUN 0 3 2003 CITY CLERK EVELYN S. DOBSON 1~ IWV ~A~ DELRAY BEACH, FL ~487 1994-CURRENT ~HIEF ~m my current ernp~, Communliy Asaociation Sen~e~, Inc.. In my e~nce f~r ~irteen years, h lhe year 2000, ~e coq3oralion's gross income was 3.5 milion dollars, which v~s an i~ of approximately .5 Chief FmnciaJ ~, I am re~ for ove~ a .l~f of eight mceiv~, and ac~ n~na~z/1-c~ bookk_ _ ~,~,?er& My acco~g managem on a monlhly basis produce over 125 financial c~xxat~s not-~-pro~ These rr~rr, ial atalm'nents am mview~d by ~ied upon bythe Board as it relays t~ the ongoing business of ~e · I believe, as a .enbr mar~ .tall member in a a3n'k~'~y _=_.-h as 1993 CITY OF DELRA¥ BEACH BOARD MEMBER JPPLICATION ;Zip ~ 9. Ecl,~cafiona] q~.ahfica6ons;. ~ . Give your presem~ or most ;ecent m'np!oye~, and posi~on: RECEIVED lIAR 2 0 2003 CITY CLERK Joseph E. Ferret 1420 North Swtnton A,~euue Delray Beach, FL 33444 (661) ~76-8085 OBJECTIVE Provide o,i,,~i,~is~rMive leadership for n commercial ~r nonprofit o~a~on' ~ ~en~en ~m~ty/pub~ ~a~e ~d fls~ ~o~on. ~ugh pl~,~g, ~nova~ve m~ke~g, ~d ~e ~blis~ment ~ ~ong pfivate/p~c se~r relators. QU~I~CATIONS & ~'EE~NCE f~o~ ~e~s: · Admini~tra~ve management F/nanci~ ana]ys~$ and budgetWg Business ~d m~e~g pl~. development Cap~ ~ject supe~:~on Pe~nnel h~ng and P~M B~CH POPS / FLORIDA ~]"HONIC POPS, INC. P~ Beach ~d Boca Rato'.~, ~o~da 1992 to presen~ - Pre~dea~ ~d Chief Executive' Officer Ov~ 'bu~ ~d ~ a~_on of a non-p~fit pe~o~ng ~ o~n, ~clu~g ~ 85-I~i~e ~, 10 zt~ 33-member volun~r Bo~d ~ ~ctors. ~f~sd pla~g m~s~p ~d p~pat~d ~ su~ u~)n nego~a~ons. 2~sion. zes~g and ndop~ ~new ~pora~ by-laws. Dev~ed m~-year busings plus to ag~ go~s of~ and revenue ~o~h and nsgo~d ~d ~ple~onMd ~sli~ed ~n~ac~ ~ ~d na~on~ ~ent ~$~ ~e ~ez ~ab~hed by r~tor[. Spe~hea~ m~or ~nd-r~g s~u~e for ~duM cont~u~ons. Wro~ nd p~aMd ~t ~u,~ ~ opera~ond ZOOLOGICAL SOCIETY OF FLORIDA/MIAMI METROZOO Mi*mi, Florida ]982 - 1992 - Executive Vice Presideut, Director of Development " Mana~e~ staff of 6-~ and · Si-member ,~unteer boa~cl of ~rsc~orsi Enevred that the organi~a~.on opezated at peat. productivity and conducted it~ ~nanclal a~a~.rs in * _,~rdance w~th s~ancl&rd business practices. * Fostere~ the society's expansion ~-om a gross mvanue bass of $200,000 ia 1982 ~ mor~ th~u $6 million in 1992, via de~alopment of a ma.ste~ f'xmd; raising struct'uxe for Lu~v~dua].s. founda~ona, co:~ora~ons and e~dowments. Supervised more than $15 m01;0n in c~p:~tal ~mprovement pr~ject~ at Met~oo, ~u~ bid ne~o~a~o~ ~ cons~c~on con~ac~, ~-~te m~agement, ~ on~g m~te~e pro~s. * En~,'~neered membership expansion fr~m 1,800 to more than 68,000. and established the Society as one o~ the ~egioa's premier non-p~,ofit organiza~ons. BELCHER OIL COMPAI~ Miami, Florida 1980 - 1989. Director of Public Relations and Government Developed and hnplemented mutton-dollar annual budgets and market-Lng pla~s encornpas.~l~g public rela~ons, corporate communications and advertising. Coordinated all me~a contact, oparal~ng ~rom te~nina]s covering ~o~ag~c ~'ea ran~g ~om Bosun, ~, ~ co~us C~s~ ~ed ~ h~n helen fede~ and ~te ~ators ma~ers ~nce~g ~e ~ mdust~. M~t~ei a p~ve ~d produc~ve worki~ rela~ons~p ~th r~ gove~g t~en~. UNITED WAY Mia,,,;, FL; New York, Nnff; Wash;,,ftxm, DC; Grlmth, In ] 974 - 1980 ~e~or C~pai~ ~nager ~J; F~d~f~ng/Afen~y Development and Budg'~ng * Developed mulgmiliion.dollar campaign,- in fouz major metropolitan axeas, 'w~]~ing closely with volunteer board& and civic leaders to implement ambitious emplOyee and corporate ~nd.r~ising I~EMBERSHIPS State ~f Flor/da Cuitural Afl'a/rs R~v/ew Corem/tree Florida P~s ~s~n Board d ~tor of ~e ~t~ ~te Chamber ~k Fore ~-~; C~e Co~n ~e~ ~a~a~ ~ Zo~ ~d Aqu~s EDUCATION Indiana Umiver~si~¥, 1974, MS - Pub]Ac Affaix$ Iud/aha Umvers/ty, 1972, BA - History REFERENCES Ava~able upon request BiJ~gua] - Spanish ~,LEAY BEACH 1993 2001 CITY OF DELRAY BEACH 'BOARD MEMBER APPLICATION Pl~e, info-m.gon: Ir] 5. H~a Phone: B~s Pbgc: ~ Ad.ess: ~ Pbgc: F~: 7. ~at Bo~(s) ~ you Mt~ted ~ Pl~e ~t ~ ~= of ~f~c~ ' . 10. ~t ~y ~tad pmfas~o~ c~ons ~d ~cmses w~ you hold: ; lZ ~ ~c~ -~", ~ ~ ~ ~ you m ,~e This application w~l tem~in on ~le in the Cit7 Clezk's Of~ce..l'ot.n_pe_ziod of 2 vests f~om the cl~te h was · ~h~,ed. z,,~ h, ~e ,],p~---,', =q,o.,,~y ,o ~,=el~fdSF'-,~E,~i$~.,~oo ~. o~ me. JUL f 5 2002 Gilbert C. Forbes 1120 Warrenhall Lane Adanta. Georgia 30319 (404) 865-2992 Office (404) 255-1120 Residence Summary Twenty-eight years of broad-besed Banb~ng experience encompassing sales, sales management, product training, .consumer asset m~nagement, consumer lending, residential mortgage lending, commercial mortgage lending and branch administration. Experience FIRST UNION CORPORATION - 1986 lo Present Senior Vice President, Consumer Banking Director/Manager 1993- Present Atlanta, Ga Initially promoted lo Director of the consumer banking activities for Melropoli~m Atlanta, C-eorgia~ Managed 117 branches with'S4.4 billion in deposits, representing 8% of First Union's total retail branch network, Active member of the Merger Task Force responsible for the consolidation and integration of Georgia Federal & Decatur Federal into First Union. In 1994 the decision was made to eliminate the Director position to increase direct management involvement at the branch level. Became one of six managers focused on increasing overall branch performance in the Atlanta market. · .As .D, irector, .Bran~ch ~set production rose from near last place P°s!tion to first or second place m ali categories, cai' a~ount (Asset Management Account) sales increased over 800% during this period. ,, · During the merger, deposit retention exceeded due diligence assumptions and merger salary budget came in well below salary expense goal, as staffm8 levels were achieved well ahead of target. .. · As Manager, exceeded combined Direct ~an/PEL and Mortgage production goals. Was second in Georgia and third in the company in SBLU production. Also was first ill investment revennes. Vice President, Consumer Banking Manager 1988- 1993 Miami, Fl. Directed growth of the retail franchise from one Branch and $18mm in deposits to 45 Branches and $4.5 Billion in deposits, Area of responsibility included Dade and Monroe Counties. During this period, most sales management categories increased from a distant last to fu'st place. Dade County was the highest e~'nings franchise within First Union with a Bank Cn'oup ROE of 29.91%. Managed retail banking or?,i,,,tlon through seven bank mergers. Vice President, Regional Consumer Banking Director 1986-1988 Pompano Beach, FI. Provided direction in establishing and achieving regional consumer goals for 74 banking centers. In this staff role, directed merger activities during First Union's initial entry into the South Florida market. Coordinated training initiatives and was actively involved in developing and imnlementing business plans with particular emphasis on asset production. Was committee Ch'airman for development of original "Branch Compare" incentive plan in Florida~ Member Florida Consumer Banldng Committee. Gilbert C. Forbes Page 2 Experience (continued) SOUTHEAST BANKING CORPORATION- 1971 to 1986 Miami, Florida Vice President and Manager - Commercial Mortgage Department 1985 - 1986 ~oanaged the commercial mortgage depa~ h,¢nt (income property loans under $2 million) st~t¢-wide r mortgage company affiliate of Southeast Bank, N.A. During this period originated $4.2mm in commercial mortgages. Senior Vice President, Consumer Loan Product Manager 1983- 1985 Managed consumer loan portfolio for state-wide bank, covering 163 banking centers. Increased consumer loan volume more than 300% from 1983 to 1984. Credit insurance sales increased 25% each year. Directed consolidations of three consumer credit operation centers into one. Senior Vice President, Regional Consumer Banking Coordinator 1980- 1983 Managed the retail asset portfolio of four-county, $800 million regional bank having 44 banking centers. Regional representative to state-wide consumer banking committee. Vice President - Product Manager 1976- 1980 Promoted to Asset product manager for Southeast Banking Corporation to develop ~ew consumer loan products and increased profitability of existing products. Developed and implemented revolving credit products in branch system and developed a unique video sales training program to teach customer focused selling techniques. Vice President - Mortgage Banking 1971- 1976 Managed the second mortgage production and portfolio of one of Miami's largest mortgage banking firms. During this period, opened seven 2nd Mortgage offices and initiated the formation of a small loan (516F. S.) company (Southeast Consumer Finance) through which to fund 2nd Mortgages. Developed Mortgage Guarantee Product with American Bankers. LON WORTH CROW COMPANY (acquired by Southeast) Manager, Servicing Department - Loan Administration Managed mortgage servicing department (25 employees and 30,000 mortgages) of Miami mortgage banking f'n-m. Started and managed a Second Mortgage function. Education UNIVERSITY OF MIAMI BBA degree in Finance - 1965 NORTHWESTERN UNIVERSITY Graduate of the School of Mortgage Banking, References furnished upon request. DI3.R ~Y BEACH t OARD MEMBER APPLICATION 1993 2001 0 'a~ 7-o, -r · . /)'),.~f- Plebe ! ini'o~'m~vion: I S~t~ ~p Coda 3. 4. ~ B~ess Ad&ass: ~ 5. Home Pbgc: ~,,6~ess Ph~ ~M~ A~ess: C~ Phon~ Ftx: ~. ~at Bo~d(~) ~e you ~t~zed ~ s~ P~se ~s~ ~ or~ of~ef~: 10. ~t ~3, z~ared pzof~sio~l c~s ~d fiches w~ 7~ hol& 11. G~ 10~ px~m~ or most zeeent ~ploy~, ~d posigon: 1Z Des~be ~cm, ~s ~ ~owle~e ~ qu~ you to Note: This appIic~don v~lI r"m~'r~ on file in the City Clerk's Oi~ce f°r s PeZi°d °f 2 Y~s ~°m ~' twas submit.ed Iz will be ~e aD~li~,,~'s ~sponsibilie), zo ~suze diaz a cun~n~ application is on file. RoY J. FRAKER QUALIFICATIONS Strong professional background in sales, marketing, public relations, customer service. management and administration. Excellent analytical and organV, ational sidles. Intuitive ability to rapidly assess people's needs and resolve problems. Capable and competent with the energy and enthusiasm to adapt to various people end work situations. Proficient in ACTI 2000, Microsoft Word, Word Pen~ect~ Excel. Outiook. Delphi and Interest Explorer. Sales Manager, Executive MeeUng Manager 2001 to Present Delrey Beach Marriott, Delrey Beach, FL ·National, Regional and Local sales and marketing for luxury 268 mom oceanfront hotel · Develop, track and maintain competitive corporate arid leisure rate structures · Create new packages, programs and incentives, track and maintain forecasted sales for both leisure and corporate market segments · Host in house receptions, site inspections, entertain end conduct both hotel and local area tours to prospective clients and vising organizations and associations · Serve as hotel community liaison end representeth/e for county, city, local civic organizations · Organize and host freq~nt end successful meeting planner, travel writer and VIP FAM hips. · Highly effective and successful leader and team player for pre-opening sales, sales blitz campaigns and roll out of incentive programs Site Operations Manager 1996 to 2000 Meisnar Electric, Inc., d.b.a. Ocean City Properties, Ltd., Delray Beach, FL · Lead restoration of historic warehouse building into 14,000 square foot corporate office · Supervised daily site operations of historic 46.000 square foot shopping, dining, and outdoor entertainment complex including construction, renovation, leasing, advertising, marketing, public relations and special events · Fire & Security systems administration, hunicene preparedness and emergency management · Management of all sub-contracted services and direct supe.wision of maintenance and · Purchasing. receiving and asset management of all fixtures, furnishings and appliances · Responsible [or special projects such as complete revision of corporate image, inclusive of concept Instructor & Administrator Independent Contractor, Palm Beach County, FL 1993 to 1996 · Martial arts instruction & supervision of three instructional programs including 13 Palm Beach County schools. Boca Reton YMCA. and · private school with combined enrollment over 1500 · ,Sales, marketing, advertisim3, contrast management, database and financial management, editor and publisher of monthly ne~,~etter · Planning end implementation of incentives, special events and annual convention 38 1/2 South Swinton Avenue, Delray Beech, Florida 33444 (961)-269-2607 RoyFraker~aol.com RoY J. FRAKER Reservations, Front Deal(, Concierge 1991 t~ 1993 Ritz Carlton Palm Beach, Manalapan, FL- - Hired as hotel's odginal "Opening Teem'. One of 500 out of 5000 applicants. · Consistently outsold rooms exceeding revenue goals by volume and gross sales. · Promoted to Departmental Trainer during which hotel received the 1992 Malcolm Baldridge Quality Customer Service Award. · Interim Supervisor of Fitness Center and Ritz-Carlton Club. Created. implemented and Supervised hotel's first 'Ritz-Kids' program. Attractions Host, Production Aesistant & Talent Coordinator 1990 to 1991 Walt Disney Company, Lake Buena Vista, FL · Attended the Disr~ey University Career Start program · Originally cast as Attractions Host for the Disney MGM Studios · Promoted to Production Assistant and Talent Coordinator for the NBC television game show "Let's Make A Deaf · Cardinal Newman High School, West Palm Beech, FL. 1990, Honor Roll · Palm Beech Community College. Lake Worth, FL 1993. Deans List · Florida Intemationa/ University, Miami, FL, 1993, Family Management Specialist Training Certificate · University of South Florida, Tampa, FL, 1994. State of Florida HRS Child Welfare Training Certificate · Greater Boynton Beach Chamber of Commerce. Leadership Boynton Beach, Class of 1995 · Personal Development Center. Delray Beach, FL. 1996. The Living Course, Personal Development Workshop · Southeast Education Center, North Palm Beach, FL. 2000, Dale Carnegie Leadership Training · Personal Development Center, Delray Beach. FL, 2001 CedJfied Instructor ACCOMPUSHMEN?$ & OUTSIDE INTERESTS · Bob Beamon Golf & Tennis Classic, Board Member, 2002 · City of Delray Beach Sister Cities Commlttea, Board Member, January 2001 - Present · Museum of Lifestyle and Fashion History. Board Member, January 2001 - Present · Tourism Committee; Co-Chair. Delray Beach Chamber of Commerce, 1999 - Present · One of 100 citizens and community leaders to represent City of Boynton Beech at Visions 2000 Conference, 1996 · Palm Beach Post Pathfinder Award, Community Service 1990 · Steedng Design Committee; fund raising and Special Events Co-Chair, crew leader and construction coordinator for 'Let's Build a Playground' Boynton'Beach, FL 1995 oo 38 1/2 South Swinton Avenue, Delray Beech, Florida 33444 (561)-265-2507 RoyFraker~aol.com 12/30/02 M0H 11:20 F,~ S61 243 3T74 CZI~ ~ 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION /o/ /x/.~ ! ~.~?~/ 3. ~ Re,donee: ' Zip Cod~ C~ Phone: ~' c ~ k ~ p:z~ ~~~~s ,~uon ~ ~mc ~' "p~ ~ p~ ~ ~y ~' I may r~' DEC 3 0 2002 CITY cLERK ~-, '[,,:st CITY OF DELRAY BEACH 1993 2001 10. ~t ~), ~ted pmfes~ c~s ~d ~c~wM~ you hol& 11. ~e yom pres~ or most ~c~t mploy~, ~d ~fiom Hot~: Th~ tpplicat/o. Tropic-I · vms · casua~ · Golf iod of 2~,~[~it wis subm/tted. It ~ [f'[ Elly ~m. $ir~e lg~2 ~ tent nl2p]/cat/on is on ~le. [~ Free Prompt Alterations tfl T.,~ ,o. ro;, lq OCT ~) (.1) 278-s~as ~ CITY CLEFiK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION State E~-Mtil Ad&ess: Cell Phone: Fax: If so, where axe you registered? Code 7. W'nat Board(s) ~ cm:le~ of preference: 8. List all CiD' Boards on which yon are curr-'ntly serving or have previously served: (Pl~ase include dates) 9. F. xlucationa] qualificaticms: 10. List any rehted pzofe'ssion~l cenitlcsfions and hca, rises which you hold: 11. G~e yom presenL o~ most recur ~plo}~, ~d ~dfion: ' 12. Describe expexieaces, skills or knowledge which qualify you m serve on this board: (Please attach · brief resume) I h~by e.m'tify that ~ the above statemmts ate tree. and I agree and unde~mnd dxat any ...;,smtement of n~t..d.l facts contained in this application may .'-me fotfeimxe upon my part of any appointment I may geceive. SIGNATUP. E DATE I., Note: This application will ~main on ~e in the CiD' Clerk's pL~noL~l~s~~~ Office fox · peziod o~I[ te ~t was submined. It will be the applicant's ~espo,~ibility to ensure that · cun'ent ap SAY ! 0~'~~'~ CITY CLERK ,( ~( DAVID MATTHEW HAWKE 121 Heather Lane Delray Beach, Florida 33444 (561) 740- 4440 OB~-ECTIVE: To advance and broaden my knowledge of complex architectural, aviation, ~ansit, and public facilities projects; To intensify my contract negotiations, design/build expertise, and design/construction supervisory experience. EDUCATION: Masters of Business Admini,h~Jon Marymount & Georgetown Universities, h-Progress Master Degree in Archit~'e/Engineering University of Maryland Bachelor of Science Degree in Architecture Clemson University PROFESSIONAL EXPERIENCE: HAWKE & ASSOCIATES ARCHITECTS. L.L.C.- President, May 1998 to Present - Design Director and Principal of a full-service architectural firm in South Florida. Specializing in commercial structures, medical complexes, and public facilities. The office pursues and has teamed up with large fums on joint-venture projects in aviation and transit as a consultant throughout the nation. MASSACHUSETTS PORT AUTHORITY- Senior Project Manager, February 1997 to April 1998 Logan Modernization Program Terminal Area Roadways - Developed a pr 'ebminary design to complete Construction Documents in eleven montha. The 1.S mile two level roadway system has + 60 caisson fotmdations and complex structural design. The airport traffic and roadways must be maintained during difi~cnit phased construction. Estimated cost - $125M. People Mover $)wtem (ALTO - As.~sted in the development of a ElS for a automated int~.,,odial wens-it connector awaiting Federal approval and ISTEA funding. Preliminary transit station design, airside/landside ali~ments and profiles, curbside disruption, passenger convenience, and busing interface. Estimated cost - $30 M Phase I / $375 M Phase II. Quality Assurance Manager - Supervised four construction inspectors and construction supervisors for active Logan terminal expansion and aviation projects. Airport passenger movements, air carrier, and ntnnerous concession must be maintained during complex construction. RECEIVED HAY 2"1 2002 CITY CLERK DANIEL. MANN. JOIINSON. & MENDENItAIJ.. November 1989 to 1anuary 1997 Project Unit Manager and Contract & Procurement Construction Manager: Tren Urbano Mass Transit Project, San Juan, Puerto Rico - July 1995 to January 1997 Bayamon Alignraent Seet~n - Negotiated procurement and optimi,ation, including design. procurement, proposal evaluation and construction management, ora large design/build coattact for two transit stations, concession areas, retail spaces and 2.4 km elevated gnideway. Contract Award - $68M. Ceatro Medico Alignment ~tion~ - Negotiated proouremem and op 'ttmizalion, including design, procurement and propOsal evaluation, ora complex deign/build contract for three transit stations and a 3.2 km elevated, at-grade, and retained-cut guideway. Coatiact Award - $721VL Project Design/Construction Manager: Metropolitan Washington Airports Authority, Capital Development Program, Washington, D.C. - November 1989 - July 1995 Ne~ Terminal Bridges to Metro at ff/mMngton National Airport - Coordinated design, supervised and managed Cesar Pelli and Walker Parkin8 Consultants for the design of the pedestrian bridges interface with Metro Transit (WMATA). Contract Award - $39M. l~4'aldle/Nortk Patting ~rsu~res - Supervised design of two structured parking facilities for Washington National Ah-pon and coordinated with Metro Transit (WMATA). Managed design and early construction of retail spaces adjacent to and construction within North Terminal Mall. Contract Award - $57M. Rental Cars ~hdet Tm'naro~nd Facility - Coordinated with Rental Car Representatives and supervised the selection, negotiation, design, and direction of the architectural/engineering firm of Dewberry & Davis for the design/construction of rental car facilities at Washington National Airport. Contract Award - $2 IM. Americans Disabilities Act, ~le II, Design/ln~lementation - Contracting Officer's Technical P, epresemati in selection, negotiation, and direction of Greiner, Inc. for an public facilities, tenants, retail construction at Washington National and Dulles International Airports. Implementation Costs - $157M. De_~o_ S-Gate Add, on Interim Terminal. Managed and directed Delta Airlines and its architect IWdt on Pate Associates. Full range of airport issues and interface with the airlines, concessions, retail vendors, construction and operations adjacent to active gates. Contract Award - $38M. ELLERBE BECKET. INC. Arc~tect - March 1989 to October 1989 Leader of a convention center and hospital design teams (Children's Hospital Center, Washington Convention Center, WMATA). Designed and produced construction documents on five Washington office buildings with retail on ground floors. Designed long span convention centers. SKIDMORE OWNINGS & MERI~fI.I.- Architect - 1anuary 1988 to March 1989 Significant role in the design of two large-scale public projects (Metro Center, David Childs, Washington, D.C.; and Sears Franklin Center, Dean .lohnson, Chicago, Illinois) and their interface with the local urban fabric and WMATA. THOMPSON. VENTULETT. & STAIN'BACK & ASSOCIATES - Consultant -1986 -1987 Worked directly with the Projea Manager ofthe Philadelphia Convention Cemer. Long span structural designs incorporating convention space and interface with existing mass transit (SEPTA) facilities. Developed designs related to Atlanta Convention Facilities and Expansion of an existing convention c. emer. PORTMAN. RABON, HATCH. & MclVItORTER. ARCHITECTS -Architect - May 1986 Member of design teams (I-hlton Intercontinental and Hyatt Hotels). Experienced hotel design from schematics through construction. Working relationships with three principals, mass transits stations with MARTA engineers, ~ shop, retail shops, and hotel management. Member of design teams (I-triton Intercontinental and Hyatt Hotels). Experienced convention center design from schematic design through construction. Working relationships with three principals, mass transits stations with MARTA engineers, girl shop, retail shops, and hotel management. Massachusetts - License # 9840 District of Columbia - License #5030 Commonwealth of V'trginia - License #10736 State of Maryland - License ii 9846- MD State of Florida - ii AR 0016510 NCARB Certification ii 42,428/File ii 37,412 American Institute of Architects - January 1983 - Present Southern, Standard, & BOCA Building Codes - Examiner and Inspector AutoCAD2000, Intergraph, G.D.S., WordPerfect, Primavera Maryland Graduate School of Arc,hitecture Palazzo, Massimo and Roma, Italy Cultural Associations - Pension Mimosa, Pantheon, & Florence, Italy French, and Italian (Broken) May 10, 2002 www. Hawkearchitects. eom Ms. Karen Schelk City Clerk Manager City Clerk's Depa~,,ent city of Detray Boach 100 NW 14 Awnue Delray Beach, Florida Reference: Application for Advisory Board & Committees - Request for Membership or Alternate Position- City of Delray Beach- 2002 Board(s) Dear Ms. ScheH: Thank you for your assistance in the application process of the City of Delray Beach Advisory Boards and Committees. I am reques6ng in writing a potential position on the following City of Delray Beaches' Advisory Boards and Committees. As requested, the list of boards are arranged in order of preference. Please note, the following list: Site Plan Review & Appearance Board plnnning & Zoning Board Downtown Development Authority I appreciate your assistsnce to submit my ns, ne for the board(s) listed above. Thsnk you for your assistance. If you have any questions, please contact me at (561) 740 - ~.a?.0. Thank you in advance. Respectfully submitted, David M. Hawke, ~ Hawke & Associates, Architects LLC Florida Licence # AR 0016510 cc: file, Attachments (G-roond Floor Plan) C- RECEIVED NAY 1 n'2002 CITY CLERK 121 Heather Lane Deiray Beach, Florida 33444 P. (56 !) 740 - 4440 F. (561 ) 921 - 0444 DELRAY BEACH CITY OF BOARD MEMBER APPLICATION ~tT' Zip RESUME GEOItG ZV'-..A$ O, J'ONE'S KDUCATION: · UnderD'aduate Degree in Law ~'h.D ~ ~cl~l Science Univer~ity of Utusua~,' Unlversit,v of Urugua)' POSt l:N~ctOr~l Studtea in the areas of Business Admlniitration, International Bar~in~, forel~ Relations, Communlcatio~, Marketing, ~edt~ ~bllcit~, ~d ~ea ~tomo~on. IrItOFF-q$IONAL APFiLIAT/0N$: Press Center of New York, Member bltarnsttonal Press Assodatlon, Fresfdent. i~7~-75 Llo~J Club International Alsodation,$oatd of Direct'ors Cl~artet l~'esldent of United Natlor~ Lions Club-l~77 L~n American Federation of Public Relations, Member of Bo&rd LANGUAGB FLUENCY= French, italian, Por~ufuese, Spanish PROFBSSIONAL BX~PEI~IK~CK~ Al conaultant, advisor, eve]uator,, negotiator, end impalementor with e~teulve and diversIfied experience In bo~ public ina priva~ se~ot, in ~e Middle ~ast, Far ~ut, lurope, Nor~ America, and Latin America frith, for ~d on ~alf of clients involved in international business ventures. a ~mmercl, developer o~ industrial Fo~ct~ and commercial contracts. ~o?le shooter for Sovemmen~ and ?d~Pendent bus,ness in ~mportant l~l~vI Ind'delfca~ ar,~, . . PROFESSIONAL INTEr. NATIONAL i~OLyEM£NT: Audited ~ putt~r~ together L~t~AgOL ~T~up between Uruguay, Paraguay and ~]~vla.. Colla~rated and deve]o~d ~rlgfnal ~che~e end implemented lama ~presen~n~ ~e ~overnment ~ ~rvguay. luppHed 1~ ~a~ors to S6vern~nt of Bo~fvfa by Titan Tractor~or~ra:lon, New York. Coordinated and L-~. pier, eared a prole, et o( hq.u}tng a~d apartment co~p1exes for the Munf~p~ty of Mo~tdvideo, Uru~'ay. Over .a perlbd of five year~, Ami~can Development la~ I~d ~ Cit~ o[ Montevideo. · R~presentatfve of Uruguay to UNBSCO Paris, ~ance. Conducted y~r~alfsm, mm ¢omm~fcetion ~d media strategies. ltepreHntat~ve of EX~ 70 Osaka, fap~. Led private Md official secto,. Publisher of New. spaper IXTRA for 'Idlelones Orientalea Cooperative Parlodllt~' l~mtevi.deo, Urujuayo · Spec. iii advlKr to Dr. lose More Otero, Mlnlstei' of leoretsn Affairs, Uruguay. · United NetioM, NYC:: - lnfort~ation and press advisor to government of U~guay. Special Advtsor to AmbasSador of Urusua¥ to the United N'at~ons. Special appoineed r, egoflator for barter of Uruguay sheep/mutton for Kuwait eru,~a oil Conclucled and implemented two C~.tTaCtS in 1978 and 1979. ~egot~ated Joint Venture for production of a~l..pollution che."nicals be:x,'een Crane Chemical Corporation, New lely, end Brazil (Petrobras). Negotiated desalt~zation plant c~ntracts .between Srazllian Government Royal Commission (Jubail)~lngdom of Saudl Arabia. Plant completed and Central figure in developing 1~,000 unit apartment house project for the M~nl,CpaIity of Guaysqui], Ecuador (~anco de'la Vl,aenda).' Special assi~nment with ITEL Corporation, 'San Francisco, Cali~.rornla in ~nJunetlon w~th ~exlcsn'Governmint (CoNAguPo) to loca~e and retrieve ~4 rai~roa~ ~x ~rs which had. ~n mfs~ln~ ~or t~o ),ears in Mexico. Special consultant to President ]toidc4 of.Ecuador to ~.rran$.e. barter betwee~ ~euador and India. :' :~rtange for Hairood products of Mitsui Corpor. a~on, OSaka, Japan by Trans-o- Fish Company, NYC for comprehe~tve U.S. distribution · Arranged financing for AM~SA, Uruguay, for frs sugar refinery..(UgD 27 u~Lllion, completed in three phases). Also AM£$A, Uruguay have arranged ~D 12 milton loan with OPIC, Washington, DC {uarantee: This ~a~saction a lntertec ~.A., spe. cl&l conlultant to Srazll, Argentina. and Uruguay in' IntaYnat~ona! finance, .banking~ free trade zones, for the new common market. Trade, Ifld lntematlona! Relations with Latin America. ~OC~ I~I TON. Fl $$451 ~-m~ff : C~eorff~a~o~webtv. net March 5, 20 City Of Delray Beach Cit?/' Clerk's Office l O0 NW 1' Avenue Dekay Beach. Fl. 33444 Dear Six/Madame: Anached please fred a completed Board Member Apphcation. It is my intention and desire to secve on the Conmxtmity Redevelopment Association (CRA) board. As agen! for Juan Rodrigttez a~d representing him with regard to his property located on West Atlantic Avenue, I have b~en an active member of the commulfi~.' for the past eleven years. Thi'ough this involvement, as you know, I have served on various boards and commirsees, and have enjoyed wilxxessing and being a part of the successful redevelopmen~ of Atlantic Aventle. With that said, I feel that there is mo~e work to be done in this redevelopment, through my involvement and the fxiendships I have made, I have developed a passion for the As'enue and its people. I believe that my professional experience, as described on my resume, along with my communiD, involvemem in Delray, uniquely qtxali~' me ~o serve as a board member of tile CRA. I am confidem that together we can complete the vision of Atlantic Avenue. Cordially, t '; D[LRAY BEACH t993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. LastName:: ~¢&bo,a 2. Home Address: 3. Legal Residence 4. Principal Business Address: 5. Home Phone: City City State State State 6. What Board(s) are you interested in serving? Middle Initial Zip Code Zip Code Zip Code Business Phone: 7/'-~- 41 q 251 Fax: 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) 8. Educational qualifications: 9. List any related professional certifications and licenses which you hold: 10. Give your present, or most recent employer, and position: 11. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attae,h a brief resume) I hereby certify that afl the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part ~n~.~appointment I may receive. SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current JAN ? 8 2003 Al'WY OLERK APPLICATION FOR APPOINTMENT AS A CRA BOARD MEMBER. Richard McGloin #7 Downtown Devdopment Authority Bonrd of Directors - July 2001 to Presant Delray Beach ManOr Plan Design Guiddines Committee Committee Member May 2002 through Present l)elray Beach Master Plan Transportation Committee Commit~tee Member May 2002 through Present l~nblie Arts Trak Foree Comm~ee Chairman Aug 2002 through Present Pineapple Grove Main Street Bonrd of Directors Oct. 1996...brough S~,t. 1999 Chairman of Artwalk Committee - Oct. 1999 to Present Downtown Merchants and Business Anoclaflon Board ofDix~tors - Jan 1~9 to July 2001 1996 City of Ddrty Comprehensive l'hn Review Committee for Parks and open spaces Seacrest Homeowners Association Board ofDirectors - lune 1992 to Present Southridge Homeowners Association Board of Directors - January 1997 through January 1998 Mayor's Ttskforce for solutions for the Ationt~ Hish I Seaereat property 1996 &1997 #11 My 30 year business career includes: Electrical Engineering, Division VP for Greyhound Corporation and a successful small business owner. This varinty of positions has given me excellent experience in interfacing, supervising and creating a consensus with a broad range of people. My term on the Board of Directors for Pineapple Grove Main Street was as Business Coordinator. I worked with the Program Manager (Tom Fleming & Lou Waldmann) and the other board members to run this organization in a business like manner. This position required personal interface with the business and property owners within this dislrict and many presentations to the CRy Corflmission and CRA board. In January 1999 the Downtown Merchants and Business Assochtion was restmc~'ed with many new board members added. I was invited to sit on this board due to my familiarity with the business issues in Defray both from a Pineapple Grove viewpoint and as a property owner on Eas~ Atlantic In 1995 1 was a member to a committee to t~vi~v and suggest changes to the city comprehensive pla~ John Johnson was the city staff member who chaired this committee. In 1992 1 worked with Ms. Debornh Dowd to establish the Seao-est Homeowners Assuc'mtion, a voluntary membership neighborhood association. I have been actively involved in the "neighborhood plan" since R was first conceived is a joint meeting with the cRy manager, the planning and zoning director and several Seacrest board members.. ! have recently rejoined the Board of Di~ctors. As a prope~y owner in the Woods of Southridge I joined their Board of Direclors st the time when it was imperative for the stability of that neighborhood to show propmy improvements. Part of that project was APPLICATION FOR APPOINTMENT AS A CRA BOARD MEMBER Richard McCdoin working with the c/ty on the plan to change the s~ee~ from private to city owned and add the improvements necesse~ to promote this area as a strong viable neighborhood. ARer requests ~om the Seacrest Homeowners Association, Mayor Jay Alperin formed a task force that included ci~, county, A~lantic High and neighborhood members to search for a solution to the blighted prope~ to the west of Atlantic High School. This task force formulated the "field house / gymnasium" concept and lobbied to make it become a reality. I made many presentations to the city commission, county commission and school board on beheif of this project. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 5, Hume P~onc: ~ ~i~e~s Phone: E-M~ Ad~ss: C~ Phone: ] 8. U~t ~ Civ Bo~as o, w~ch you ~e ~r~ly se~ oz hive pt~ou~y se~: 9, 10. ~sz ~y ~t~ professio~ c~gficagons ~d hc~ses ~ you hold: I 1. ~e yguz Eres~z most recur emplo~r, s~d po~on: SIGNA~ ~ DA~ MAR 2 5 2003 CITY CLERK t LEOI~LM~D B. MITCHELL 6563 ILMNWOOD ~OVE lAN[ ~ WORTH, FL 38463 561-433-4584 1983 - drug i~wentlon programs. RouUne Patrol Offlu~ ~the Oty of Tsnahassee. FL.. Safeguan~ b~e lives and ~ of It~ dL~er, s m Enfor~d an aPlN!mble I:lodda Sram Slatut~. 1977 developed and Implmane{ed workable ~e RM~Uonfs Pr~ram and Interpe~so~ S~lls Program. L 1969-1997 1986-1969 Master ~f'Sclence - Otminm jusu~ ~,,-,~,,"-" ~- -ral - Police Supervision - ~u n~., ,-m,,,~,,,.~ Office of Aff. omey ~ene ........ =nvlronmer~, Cnsb Situations, ICAP Pol~n~ In a ~rm ~,== ,- Noble Training Confer~nc~ Palm ~ County S~r$ Of~c~ - Ver"~ ludo- 40 h~. · So~hem.Poll~e Inslti~ Graduate - CODC- 35 Leadership Palm ~each Coun~ 2000 vee c~k, oeray eeac~ commu,~ Reeevelopm~ Aaenw (c~), a Nember, Delray P.~ch Human Relaltons Beard~ a volunteer position ~ CITY OF DELRAY BEACH ~ !9!3~! BOARD MEMBER.APPLICATION 200'I Not-: This spplicatlon will ~.-main on ~le in th~ City Cledt's O'~ce fo~ a pegod ot' 2 ~f~:~m th~ dst~ it w~ submitted. It ~ bc the at)p~;,'~'s responsibil~ .qPPMCA~OW RECEIVED NAR 2 5 2003 CITY CLERK James M. O'Brien President Professional Experience: · Over thirty years of hands-on experience In Properb/ Management, Leasing, Marketing, Tenant Improvement and Construction Coon:lination in the Northeast and Florida markets. · Pdmary focus on Office, Industrial, Retail and Mixed-Use prope~es. · The management of asset po~olioa with a diversified product type and quality. · The management and supervision of fee managers and leasing personnel as well as directly employed managers and leasing agents. · The development and implementation of asset redevelopment and enhancement programs. · The development and implementation of investment plans and the on-going management of investment and operating budgets. 1999-Present M.O.R. Property Management, Inc. Delray Beach, Flodda 33483 President BeachPlace Fort Lauderdale, Florida General Manager Raspensibilities included the overall day-to-day management of a 100,000 square foot Entertainment Center with an attached 800 car Parking Facility and a 400 room Marriott Vacation Club Intamaflonal. Primary functions included the fostering of strong Tenant relations as well as the retention of desirable Tenants compatible with the Entertainment Center concept. Additional responsibilities extended to the predu~on of maximum net revenues, cost control and analysis of the operating statements to enhance ways to improve on revenues and confl'ol of costs. Oversee the intemal accounting, marketing, security, janitorial and general maintenance of the Center. Codina Real Estate Management, Inc. http://momuma~ement, com/bio._obrie~.htm 3/24/2003 MOR P, ot.,erty Mannsement, Inc. Page 2 of 3 Coral Gables, Ffofida Vice-Presidant Responsibilities included the management of an existing portfolio of Commercial Real Estate pmpe~es, Investment Sales; Syndication of New Partnerships and coordinating the formation of new Joint Venture projects for the Codina Group and its affilietes. 1988-1996 PFK Realty Services, Inc. Fort Lauderdale, Florida Partner Director of Managemant, Leasing and Marketing for PFK Realty Se~icea, Inc. (Please see attached Curriculum Vitae). Additional responsibilities also extended to Management of Tenant Improvement Consb-uction for the Company. American Tectonics Southeast Boca Raton, Flo~da Vice-President Director of Management, Leasing and Marketing sewices. Responsibilities included the management, leasing and marketing activities for a regional Commercial Real Estate developer in South Florida with over 1,000,000 square feet of Commercial space either existing or under construction. Additional responsibilities included the long-range planning for the management, leasing and marketing of future Commercial. Industrial & Retail Developments, as well as the oversight of all Tenant Improvement Construc~on projects. Johnstown American Companies Consolidated Capital, Inc. Atlanta, Georgia Vice-President Director of Management, Leasing and Marketing and Tenant Improvement Construction, Boston, Massachusetts's regional office. Responsibilities included over 1,000,000 square feet of Office / Retail space located in Massachusetts, Tennessee, Connec6cut, Michigan Personal: Real Estate Salespomon, Florida B.O.M.A. Past President, ~outh Flofide Chapler Education: Milton Academy, Milton, Massachusetts Trinity College, Han'fo~d, Connsclicut B~ Histo~/ http:t/momanaseme~t.com/bio_obfien.htm 3/24/2003 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the ~ollowlng 1. [~t Name: Randolph 2. Home Address: 1323 Prospect Street Legal Residence: (Same as above) Principal Business Address: 5- I Business Phone: ] 276-2889 6. Areyouai~,;~i. eredvor~r? Yes ;7. '~ Bo~l(s) a~e you inm~,ed h~ se~ng? 1191 N. Federal Highway, Ste. #1 Home Phone. 279-0377 Nanle , Angela cit7 Delray Beach Delray Beach Delray Beach E-M~ Address: ] Cell Phone: ADR1908@aol.com I State FL FL FL ZipCode 33ddd Z¥Code 33ddd ZipCode 33483 279-4885 If so, wl~'e are you registered? Palm Beach Courtly/City of Delray Beach-Precinc~ #172 Community Redevelopment Agency Master Degree (Public Administration) 10. List any related professional ~catlons and licenses which you ho]&. National Forum For Black Public Administrators - Member 11. Giv~ your ~ or most2~.=,c~, .m~,lo,~e, =Id ~osition: t~anaolph & Dewdn~y Construction, Inc./President 12. kno~dl~ wl~h quallf7 you to serve on ~ ~ ~1~ ~ a b~ r~e) ~ve ~en from ~e West A~a~c ~mmun~ (J~e~on Manor Res~nt) ~n~m~ about ~e ~ve opmenl of ~lr~ Beach. *VVorked with Orange County Govemment (FL) MMRB Advisory Board preparing annual reports, making presentations to the Board of County Commissioners and other related task. *Master and Bachelor Degrees in Public Administration MAN' L1 2001 c:,ITY CLERK DAn - . nge;a anaCo£pli 137.3 ProsPeCt Street Delray Beach, FL 3~444 Education Florida A&M University Tallahassee, Florida Master of Applied Social Science Concentration: Public Administration Graduation Date: 12/93 University of Central Florida Orlando, Florida Bachelor of Arts Degree Major: Public Administration Graduation Date: 12192 2/97- Present Work Experience Randolph & Dewdney Construction, Inc., Delray Beach, FL; Preside.t · Coordinate and oversee daily operations · Negotiate and close all business contracts · Maintain database of clients and principle suppliers/products. · Develop and promote various marketing techniques 11195 - 2/97 6194 - 11/95 10/93 - 10/94 Word Perfect (All Versions) Microsoft Word & Excel (All Versions) Print Master Publishing Suite Quickbooks Pro Orange County Agenda Development, Orlando, FL; Ada,isory Board Coordinator Maintain and monitor all advisory board act(vjties, ensuring compliance with the Orange County Code · Prepare Board of County Commissioners agenda items and assist in presentations · Implement strategies to increase advisory board applicant pool of candidates · · Research and prepare the Membership & Mission Review Board's annual report · Assist in recruitment and process applications for prospective advisory board members Florida Jobs & Benefits; C~tstomer ,~rvice $]~cialist · Set-up and process unemployment claims · Assist individuals in seeking and obtaining employment · Assist in planning and coordination of Human Service activities · Determine the needs of indigent county residents for assistance through interviews · Refer ineligible applicants to agencies who assist in locating/securing aid Wal-Mart Corporation/SAM'S Club, Naples, FL; O~rc3tionsMc~l~zger · Conducted employee orientations, ensuring compliance with company/safety standards · Monitored and provided managerial assistance to employees and vendors · Devised and directed employee projects to boost team participation and morale · Organized monthly departmental meeting Computer Skills Advanced knowledge of the following softWare packages: Word Processor Word Processor/Spreadsheet Desktop Publishing Accounting .National Forum for Black Public Administrators - Member V Alpha Kappa Alpha Sorority, Inc.-Charter Member/Past President-Pi Psi Chapter V Parent Advisory Organization for Bar & Ferg's Christian Academy - Vice President V FAMU Graduate Scholarship Recipient V American Cancer Society, Volunteer V Roots Cultural Festival, Volunteer. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t)'pe or print the £ollowing infonnadon: 1. Last Name: Rosen Home Address: 817 NW Second Avenu~ 3. Legal Residence: 4. P~fincipal Business Address: 1515 N. Federal Rwy. Suite 300 G~iry Ci~ Delray Beach Cit3, City Boca Raton 5. Home Phone: 330-0099 Business Phone: 266-9669 E-Mail Address: |CeU Phone: / garyrosen@att.ne~ 251-1065 6. Are you a registered voter? If so, where are you registered? Delrav Beach: FL M. I. State Zip Code FL 33444 State Zip Code State Zip Code FL 33432 Fax/ 266-9166 7. What Board(s) are you interested in se~'ing? Please hst in order of preference: Planning & Zoning, Board of Adjustment, Comm. Redevelopment, Rousing Auth 8. List all C ~' Boards on which you are currently sen'lng or have previously sen'ed: (Please include dates) ~$tv of Boca Raton Zoning Board Of Aflgustment - 10 Years 9. Educational quahfications: State University of NY - AA Ohio State Universit~ 10. List am' related professional cerfificauons and hcenses which you hold: Florida Real Estate & Mortgage Broker Licens 11. Give vou~ present, or most recent employer, and position: Taylor Marketing Group - President 12. Describe experiences, skills or knowledge which .qualif3' you to sev.'e on this board: (Please attach a brief resume) Ten Years of service as a MemDer and Chairman of the Boca Raton Zoning Board of Adjustment, Real Estate Developer, Consultant, Builder. ] hereby certifv~$ha4-~ll~m ore statements are true, mhd ! mgree ~d ~de~d ~ ~V ~ NOV. 12, 200~ Note: ~s apphc~on ~ ,e~ on m~,m ~e CiF Clerks Omce for · period of 2 sub~ned, h w~ be ~e apphcant s re~onsib~q' to ensure ~at a c~ent app~uon is on ~e. CITY CLERK SUNC, OM: (~.61) 922-770o August 20, 2001 Mr. Gary Rosen 1027 Pepper Ridge Terrace Boca Raton FL 33486 We want to thank you very much for your service as a member of the Zoning Board of Adjustment over the pa.si ten years. Because of your dedication, Boca Raton is a better place for all of us. In recognition of your service, please find enclosed our Certificate of Appreciation. We wish you success in your furore endeavors. City I jr ~nclosure GARY ROSEN 1027 'pe~dge orrace Boca Raton FL 33486 November 12, 2001 Ms. Karen Schctl City Of Delray Beach 100 NW 1= Avenue D~lray Beach, Florida 3~.~.~. Re: Advisory Boards & Committees I have recently moved to Delray Beach having been a resident of Boca Raton for the past fitteen years. While residing in Boca Raton I served as a Member and Chairman of the · Zoning Board of Adjustment for a period often years. I now have an interest in ser~ing as a member of an Advisory Board or Committee for the City Of Delray Beach. Since 1979 1 have acquired and developed real estate in South Florida, acted as a consultant for various national and regional developmen~ firms, and have served as President of the Florida Atlantic Builders Association representing more than one thoo~,and builder and associate members. My preference would be a position with Planning & Zoning, Board of Adjustment, Community Redevelopment Agency or Homing Authority. I cnn be reached by mail at 817 NW 2"d Avenue, Delray Beach 33444, telephone at 251-1065 or via fax at 266-9166. Your consideration on my behalf is appreciated. 1993 2001 ['C%ff'fiJt':> E:EAC. H E:L['(~. H?T FAX NCi. 954 %::6 4(,77 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please r;?e or p~t t.,he fogowinl~ inFo,'~-6on: 2. Home Ada,ess: goo S~te State State M. I. Zip Code 7~p Code I -' ~ ~o, where 7. ~*~ Bo=d(s) ~e you M~=estcd ~ *e~'M~? Pie~se ~s~ M order 8. Z.is~ ~1i ¢it)' Bo=as on whJch you ~,re curtcndy servin~ or h,ye pr~vioasiy su'vc,~: (Pl~se include c~$) lO. List ~ny xel~tcd pzofession~l cemficndons ~.nd licenses which you hold: I 1. G~.'e ),our pzescn~ os most zecent employes, and position: C',ITY CLERK l,.,i ,-:-,' :~,:IH) 9:"Z2 A}~f f'0M~'AH,) l;l~!,..H I:LI)~;. I)[r'T I~A× }E~. 954 7:36 4577 ['..: JEROME SANZONE 200 MACFARLANE DR DELKAY BEACtI, FL. 33483 (561) 243-3299 OUTLINE RESUME March, 195% June, 1986- March, 1989 June, 1984- June, 19$6 June, 1980- June, 1984 April, 1978- August, 1980 October, 1986- April, 1979 August, 1965- October, 1966 February, 1963- August, 1965 April, 1960- December, 1962 February, 1960- February, 1963 June, 1959- September, 1959 City of Dekay Beach 100 NWIa Ave Delray Beach, Fl. 33444 City of Oaldand Park 3650 NE 12t~ Ave Oakland Park, Fl. 33334 City of Pompano Beach 141 SW 15' Ave Pompano Beach, FI. 33060 Self-Employed RR2, Box 816 Pompano Beach, FI. 33067 General Development Corp. 1111 South Bayshore Dr Miami, FI. 33131 American Plywood Assoc. PO Box I 1700 Tacoma, WA. 98411 Rinker Materials 805 N. Railroad Ave. West Palm Beach, Fl. Lindsley Lumber Co. Steel Division Dania, FI. Security Planning, Inc. Fh'st National Bank Bldg. Miami, Fl Dade County Highway Design Section C & C Construction 613 Tabor Place Investor Plann/ng Corp. 60 E 42~ Street New York, N Y Building Official Building Official Assistaut Building Official General Coneractor DLrector of Primary Housing Field Services Representative Eng. Coordinator Field & Fabrication of Projects Estimation, Delsiling, Pield Supervision, Costomer Relations Sales Representative Estimator & Designer Designer Sales Repreaentative JU[I-I.::-0£ WD 9:":-:: AM DMZ'Alt0 HA£.H E:L[!G. H~'T ~A.X [t£~. 9[,4 ,U;-':~., 4~.,77 F'. 4 .~EROME SANZONE 200 I~IACFARLANE DR. DELKAY BEACH, FL. 33483 (561) 243-3299 OUTL1Y, IE P~ESUME (CONT'D) Sept. 1951t- New York City Community Jan, 1960 College B00 Pearl St. Brooklyn, NY Sept., 1955- Scpt., [958 June, 1954- Sept, 1955 United States Army Levy & O'Keef 171 Madison Ave New York, NY Conatruction Tech., ABS Degree Corp of Engineers Mechanical Design Date of Birth: h~/arital Stat~s: General Health: Military Service CertiI~catio~: School: Organizations: P~OFILE August 27, 1936 Married Excellent US Army Corps of Eng. - Honorable Discharge, 1955-1958 Florida State General Cont~,~¢iors License gCGC-007690 C~ttified by th~ Depamnent of Professional ~egulations in th~ Following ar~as: Buildh~g Code Ad~nisirato~; Stmct~al Plans Exan~ner and l~p~tor; Elec~'ical Pla~ l~pcctor; M~chanical Plans Inspector Plumbta$ Plans Inspector C.A.B.O. Ce~ed Buildi~g O~cial g923 Florida Board of Buildu~ Cod~ and Standards Certificate gl 11 Building Officials Association Building Code D~ector Ce~5cate g147 South Florida Build~g Code Building Of Scial, Chief S~cmral Inspector and Plal~ Exa~ner NYCCC A.B.S. Degre~ in Co~ctiot~ T~c~ology Florida Atlantic Builders Associatiot~ Chain of Affordable House Con~ttee Gove~ental Affairs Co--tree- Builders Association of South Florida Co-Cha~an of TecMical & Cot~c~ion Co~ltee Commotion Specifications I~ti~te Buildin8 Officials Ass~ia~on of FloNda }EROME SANZON E 200 MACFARLANE DR DELR.AY BEAC}I, FL PROFILE (CONT'D) Boards: Langnages: Broward County Construction Induslry Licensing Board Palm Beach County Duilding Code Advisory Board Palm Beach County Fire Code Advisory Board Fire Code Board of Adjustments and Appeals SBCC[ By-Laws Corrmdtiec SBCCI Code Interpretation Committee SBCCl Existing Building Code Commiltcc SBCC1 General Design Conmxittec BOAF Resolution Commlttee Palm Beach Cotmty Hurricane Retrofit Committee Palm Beach County plumbing, Electrical and Mechanical Review Conmxittee Italian, Spanish, Japanese and Latin 3EROME SANZONE 200 MACFARLANE DR DErlLAY BEACH, FL. 33483 US Dept of Agriculture National Homes, Inc. Ryan Homes G.D.C. Heller, Weayer & Assoc, Genstar ITT Northwood Industries MarChem Everglades Chemical MCI-Carter Coating C.A. Matando Florida Division of Law Enforcement CONSULTING ~CTIVITY Set up construction companies to build mass housing and train Personnel in Veneznela. S.A., 3 projects started. Acquire product approvals for their system under O.~e SBCCI and SFBC. Analyze and solve consL,"uction problems. Analyze and solve constntction probIen,,S Evaluate buildings for condo conversions. Developed site plan for planned community in S. Dade Evaluated structures at Palm Coast in BuimelI, FI. Approved as expert witness in American Arbitration and Federal Court. Analyze and solve problen~ of construction applications. Advised on marketing of construction products and ga incd code approvals. Advised on marketing of construction products and gained Code approvals Advised on marketing of construction products mid gained Code approvals. Advised on marketing of construction products and gained Code approvals. Advised on markeling of consmiction products and gained Code approvals. Analyze, invesligate and evaluate projects as well as testify as An expert witness for lhe Construction Fraud Case JEROME SANZONE 200 IvIACFAICLANB DR. DELP,.AY BEACH, FL. 33483 PROFESSIONAL ASSOCIATIONS American Concrete Institute (ACt) ^merican Institute of Timber Construction (A1TC) Building Officials Association of Florida (BOAF) Building Officials Association of Palm Beach County (BOAFPBC) Building Officials and Code Adn~inistramrs (BOCA) Construction Specification Institute (CSI) Council o£ American Buildiog Officials (CABO) International Conference of Building Officials (lCBO) Southern Building Code Congress Intematlonal (SBCCI) PROFESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals: Building Official/Plans Examiner Building Officials Association of Floc'ida: Building Official/Deparm~nt Director Council of American Building Officials: Building Official Florida Association of Plumbing-Gas-Mechanical Inspectors, Inc. Sta~e of Florida, Department of Business & Professional Regulation: Building Official/Code Adndnistrator, Plans £xan~ner, Inspector State of Florida, Deparlment of Business & Professional Regulation: General Con~zacmr State of Florida, Florida Board of Building Codes & Standards: Building Official RELATED TND. USTRY ACTIVITIES Building Association of South Florida: Co-Chairman, Construction & Codes Committee 19g0-gl Chaim~an, Palm Beach Coum'y Fire Code Advisory Board 1990-94 Chairman, Palm Beach County Fire Code of Appeals & Adjustments 1990-94 College of architects, Engineers & Surveyors Seismic Committee 1965-?3 Low Cost Housing Committee- Puerio Rico 1963-,55 Presidenl, Building Officials Association of Brov,'ard County 19g?-$g President, Building Officials Association of Palm Beach Coun~ 1994-95 Southern Building Code Congress International By-Laws Commi~ee 1992-93 Southern Building Code Congress International Code Interpretation Committee 1994-95 Southern Building Code Conference International Existing Building Code Committee 1995-97 Southern Building Code Conference International General Design Com.mJtlee 1997-Presem DELR~Y BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Plesse t~e or p~int the follc~,in~ information: !. L~st Namo: SCHOENBERG 2. Home Ad&ess: 1050 BROOKS LANE 3. Legal Residence: 1050 BROOKS LANE ,4. P~lc¥1] Business Add~ess: KATHLEEN DELRAY BEACH City DELRAY BEACH 110 S.E. 6TH STREET FORT LAUDERDALE FL 5. Home Phone: Business Phone: ~ E-M~I Ad&ess: Cell Phone: · - .' g~. ' . If o, 'here are you ,egiste:edr3.4 YES FLORIDA 7 \X~a~ Board(s) are you interested in sen-lng? Please list in order of preference: .Education, 2. Downtown Development Authority, 3. Community Redevelopment A,C, lencl/, 4. P~annin~ & Zonin~ ,M. ]. W State Zip Code FL 33483 State Zip Code FL 33483 $~tc Zip Code 333O1 IFax: 561-274-9728 8. List all C~t),' Boards on '~.'hieh you are cmrenfly sen'lng or have previously ser~'cd: (Please include d~tes) NONE 9. Educ~Uon~l quabficaUons: Rut~lers Universitl/, B.A., 1992, Temple University, I.D., 1998 10. L~st eny related professional certiiiczfions ,,nd licenses which you hold: MEMBER FLORIDA BAR, PENNSYLVANIA BAR AND NEW JERSEY BAR (INACTIVE} 11. Give your present, or most recent employer, and position: ~. ATTORNEY ~COU;;SEL FOR C; ;A,~TE~ £C.~.OCL~ U~ '~'i ~ 12. Des~ experiences, s~s or ~lcdge w~ qu~' you to se~'e on ~s ~d: ~l~se ~ch ~ beef resume) My law practice focuses exclusively on charter schools and mai estate. Please see my aRached resume. I hereby ce..rtif3' that ell the above statements ~e u~e, ~nd I agree md tmdersland that ~ny misstat~m~m of material fact.~ cone%ed in this appllestion rnsy cause forfeiture upon my p~r~ of any appointment 1 ms)' receive. May 19t 2002 DATE Note: This application will rennin on file in the City Clerk's Office for s period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that s current application is on file. NAY 2'2 2882 Kathllen form.max CITY CLERK KATHI,EEN W. SCHOENBERG, ESQUIRE EDUCATION Temple University School of Law I.D., cum/sade, M~, 1998 · Top 10% ofclsss; Dean's List eve~ semester Philmlclphi~, Pi, Douglass College, Rutgers Univm'~ity B~4. C.o,vw~o~, bigb honor% M~ 1992 · Dexn's List five semesters PROFESSIONAL EXPERIENCE New Bnmswick, NJ May 2000 - present Trlpp Scot~, P.A. Fort Laude~dale; FL · Serv~ ss ia-house counsel for an education -,,-%oement organization, (me of 6,~'s IL'gest clients. · Draft and negotiate a vagety of contracts (iacluding development and m~m%oement agreement, real property and equipment leases, service contzm:ts, and employment and consulting ag~enments) with municipalities, non-p~ofit corpora6ons and private orgo-i,~tlons and persons. · Advise client on employment issues, such as -.,.,-i-~6on, employee stock op6on plans, and compliance with applicable laws. · Advise client on RI mstters affecting corporate parent, fifl~n subsidiaries and ten nofl-pmfit foundations. · Advise client on planning and zoning issues tegssding school ~e;llties. · Supervise compliance ~ith local, state and federal laws. 1996 - 1999 Roben O'DonneJl, Esq., Former Spesker PA House philadelphio~ PA · Draf~d and negotiated commercial real estate lesses. · Applied for zoning variances and ~epresented chents befotz the Zoning Bossd of Adjustment. · Supervised site compliance with envLroomental tests and other s~mte ~equlrements. · F'ded articles of incorporation, dnL~ed by-lsws, supervised bossd of directors meetings. · Draf~d and negotiamd employment agreements. · Supervised and moaitored charter schools' compliance ~ith complex state law. 1993-1994 O'Donnell for Governor Campaign Philadelphia. PA D~g Co,,r?mg. · Developed and ,~a;-~iaed s tmrgeted, pmscgve daily schedule for gubenastogsl candlda~, iaduding briefing candidste di~cfly on dermis and key issues for esch eve. nc · Negotiated and dealt with RI iavitafions from news medis, individuals, oqganizations, and r--~psign staff to meet the st~tegic gosh of the csmp~igo pL~. ACHIEVEMENTS · Lir~-Med to practice in Florida, Pennsylvania sad New Jersey. · Member of Moot Court Honor Society. · Recipient of the Reuben E. Cohen M-morial Awasd for schievement in zo~ing and l*.a development. · Redpient of the CALl awazd for highest grade ia legal ~itiag and reseazch. · Leg~l Writing and Reses~ch and I-teo to Trial Advocacy notations for outstanding o~l sdvocsq,. · Nationally published poet. '~,.'k'iPHONE: (561) 274-7428 · FiX (561) 274-9728 E-M.AIL: KWALL10~OLCOM 1050 BROOKS ~ DELP, AY BF_.ACH, FL 33483 pELI~Y lEACH 1993 CITY OF DELR~AY BEACH BOARD MEMBER APPLICATIO~I PAGE 02 RECEIVED 0EC 2 0 2001 OITY OLEFIK D~LRA¥ BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please ~'pe or print thc following informarJon: 1. L~s~ N~md: Neme u. L Stanley Thomas M. 2. Home Address: City State Zip Code 29 N.E. 4th Avenue Delray Beach FL 33483 3. Legal Residence: City State Zip Code 932 Kokomo Key Lane Uelray Baach FL 33483 4. Principal Business Address: City State Zip Code 29 N.E. &th Ave Delray Beach FL 33483 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 561 266-5989 561 276-6363 tomstanley@beXXso~t~.6nle~62-4111 561 276-8881 6. Are you a registered voter? If so, where are you registered? Yes 932 Kokomo Key Lane~ Delray Beach, FL 33483 7. ~Xrhat Board(s) arc you interested in serving? Please list in order of preference: 8. List ali Civ/Boards on which you are currently serving or have previously served: (Please include dates) None 9. Educational qualifications: B.A. Princeton University; J.D. Florida State University 10. List an}, rclatcd professional certifications and ~icenscs which you hold: Member of t]~e Florida Bar, Real Estate Arty 11. Give your present, or most recent employer, and position: MacMillan & Stanley - Attorney 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) See Attached I hereby certify that all the above starements are true, and I agree and undemand that any misstatement of material facts co~e. forfeiture upon my part of any appointment I may receive. i' .... .i ...' ii'i. -" Note: This applica~on~i~'~ain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. MacMillan & Stanley 29 N.E 4th Aver~ue Phone 561 276-6363 Oeiray Beach, FL 33483 Fox 561 2768881 E4'nlil to~niey~belLtouth,rlet Thomas M. Stanley 1995-1999 19992002 Princeton Univers~ Florida State Unive~'y Princeton, NJ Taliahassee, FL 1997 - Summer Law Clerk 1998 - Bummer Law Clerk Beamy, Denney, Scarola, Bamhardt, and Shipley West Palm Beach, FL Office of the State Attorney West Palm Beach, FL 2002 Leon County Circuit Court Tallahassee, FL Judicial Clerk 2002 - Present Attorney MacMillan & Stanley Delrey Beach, FL Member of the Florida Bar; American Bar Association; Delray Beach Chamber of Commeme; Council of 100; Boca Raton Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Member of Real Property and Probate Section of the Flodda Bar; Member of City, County, and Government Law Section of the Florida Bar; Member of Elder Law Section of the Fiodda Bar I was bom in the Delrey Beach area and was a 1995 graduate of the Atlantic High School International Baccalaureate Program. I have a vested interest in the growth of Delrey Beach as a downtown landowner and businessman. I feel that my skills and knowledge as a real estate attorney and Delrey Beach native will bring added depth to many of the City of Delray Beach developmental and review boards. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2OO1 RECEIVED H~ 25 2003 CITY CLERK Dinah Stephenson Bdm December 1 g~8 University 04' Miami 8cho~ of Law · * Reeetved,kz~l),~...omte(J.D.) Miami, FL May 1~1 ~ ~f Alal~m~m - RecWNed Bachek~r of ~i~n~e (B.S.) Tu~Moosa, N. 2001 = pr®sent Attorney &t Lmv for ~'ho#, Ticklin & A~ociM~ ' Primary prac~ce area has been Real Estate transa~or~ w~ a c~'~entration in tide wc~k, including proc~_ _~;ng, closing and post closing of flies. 200~ - present ' Broker/Owner of Destinations GMAC Real Estate which i- now Exit Realty, The Destinations Group t993-2001 Stephens~n Realty, b'c. Mim~i FL President, CtV,~ Executive Ollicer. · Respons~e ~ acqulsitior~, ~,~,~.'lation of mai estate management, crxtlract r~,~atlons, fee.~bility a'~lysi$, end daily accour~ng and eq:~lsing of all c~)mpany OWT'~ o::)rTm'mf~ml · Reepanlltlote for handling Reel Earle acqulsitlo~ and feesroili~ s~-~ ~&~,~l~ ~1 & ~ ~ ~ ~1~ Vd.nteer Dwighte computers for ldds program I.klited Ce~ebrm Pal~y CITY OF DELRAY BEACH BOARD M~=MBER APPLICATION ST~AGHN 26 $.w_ 5TH AVENUE SAME AS ABOVE 26 SW 5TH AVENUE DELRA¥ BEACH 5.'~--H~m,: PJ~ue: J ~us~Ac~ Phone:'- 561-272-8396_1 561-272-8396 -~. L,~n~;"-~L~l ~ a,%~ional cer~6x~c~ an'~ ]icens", ',,xhi~)'ou ho~ CAve yo~' pr~% or ~n re,em e~plc~, a~d posk;om (34~R ct~ ~ ;. ~'~ ~,,w~ ,o~ . RECEIVED APR 2 3 2001 CITY CLERK ./ DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ' Please t?~e o~ p~im the following information: W~ISS 2. ~ome ~ess: 2070 fiomew~ Blv~ ~1 Residence: 20~0 Homew~ Bird, ~16 4. P~ci~al ~u~ess .~es~ 298 Pineapple ~e Way ' ~elray Beach Cir,' Delray Beach Ci~, Delray Beach State Zip Code FL 33445 State Zip Code FL 33445 State Zip Code FL 33~. ~.~. 5. Home Phone: [ Business Phone: I E-M~I Address: Cell Phone: S61-279-8865 I 561-279-9952 [ gw~,glennweiss.com 954-257-9560 6. Are you a reglitered voter? Yes ]f so, where are you rcgistcred? 7. ~at Boardi's) are you i~terestcd in sen-ing~ Please list in order ofprcfi:rcnce: community R¢oevelopment Agency Affordable Housing Advisory Committee 561-279-0108 Delray Beach 8. Iisi all 0~,' Boards on which you are currendy sen, rog or have previoud}' sen-ed: ~lease include dates) None 9. F4/~cational_q~ali6c:~ tion~' . ~aster ot':a, rctutecture from Columbia University, BA from Buclmell University · w. List any related professional cerUficauons ~nd licen~s which you hold: None 11. Give .your present, o~ most tecem empIoye£, and position: Program Manager (by contract) to Pineapple Grove Main Street 112~ Dtscnbe experiences, skills o~ Imowlcdg~ which qu~' you ~o *~'e ~ ~is ~zd: ~lesse at~ · brief resume) in.me r~id~ to C~n~ ~e~t.(l~4-98), M~a~ f~ Non-~ofi~, 6 Y~ ~ve~ent Employmen~ F~ Y~ ~pl~mt as ~c~ 1 hereby cee~ii~' that aII the above statements irc wac, and ! Igrce and understand that ~ny m~Ssmtement of rr~ten~ facts cont~n~clj~rgis application ~ay ~use f~ u~ my p~ oily ap~t I ~y _ 5K;NA~ D.~ Note: ~s app~c~on w~ ~e~m on ~ ~ ~e Ci~ C~k's Office for a ~i~ of 2 y~rs from the sub~tt~. It w~ be ~e ~pfi~'s respon~b~F to ms~ ~t a c~nt APR I 7 2002 Gle~ Weiss 2070 Homewood Bird, #416, l~lmy Be~r.h, Flortd~ 3344~ (~1) 276-886~ gw~glennweL..com Education Columbia University, New York, NY Bucknell Univ~si~y, Lewisburg PA 1986 1979 Employment Program Manager and Independent Consultant, D~lray ~ Florida 2001-02 Managed Pin_~pple Grove Main Strcet, a non-profit o ~l.~nD~.it,~ d~lic~y.~l to civic inlpmve~e~t and ~conomi¢ rcviwal of 16 blocks of downtown Delmy Beach. As a comultant prcpared public art master plan for the City of Miami Beach and wrote the $5.0 million winnln~a grant applicmion for the Youog Circle ArtsPa~ in the City of Hollywood. Program Manager, Public An and Design, Broward Conm~ Cultural Al~irs, Ft. Lauderdalc 2000-01 Direet~ the Broward County govetmnem program with an annual budget of $2 million and a staffof eight persons. Primary responsibilities included program plannln~ and budge6n~; preparation of Five Year Plan, management of thc c'Rizen committee, staff supervision, agency relations and coordination of up to 45 artists to in.grate major artworks into thc construction of libraries, airports, cruise terminals, stmetscapes and parks. Community Liaison/Public Relations, WashinSton State Convention Center, Seata¢ 1998-2000 Managed the community relations and public information regarding the expansion of the ~t~t~'s primary convention cemer. Responsibilities included coordination wi& five neighborhood councils, management of ci~ea watchdog ccnm,lttee, media relations, website and newsletter management and public presentalions for this $350 million construction project with three private &,v¢lopers constructing a hotel, office tower and museum. Marketing Director/Workshop Facilitator, ARC Architects, Se~l¢ 1996-98 ~ec~ aa mark~ins a~v~m for thi. mid-size, architecture firm specinli~in?, in the design of commtmity centers, special needs housing, urban coodominb~m*, health clinics al~ biotech facilities. Annual billings: $900,000. Facilitated multiple community design workshops. IVlarketing Writer, I-l~ry International, Inc., 5-~me 1994-96 Wrote and produced aa the pwject specific maflceting mamiah for thi,~ 55-person regional office serving an eleven brochures and materials for fcdcrul, state and local agencies and corporatims such as Nike, Microsoft, Key Bank and Starbucks. Annual billin.Ean' $4 millioa. Executive Director, Maine Coast Artists, Rockport, Maine 1993-94 Co-directed this regional non-profit visual arts exhibition space founded in 1952 with a mission to present and advance the work of contemporary M~i,~- artists. Prepared and supervised a $230,000 budget, managed four employees, led aa development activities, (~X)rdin~t~ public relations, prepared nuraero~ f~,mantions & Program Manager, Public Art, gin~ County Arts Commi,sion, Seattle 1990-93 Managed this public art program with an annual budget of $400,000 as an employee ofthe Cultural Resources Division of King County govemmenI serving 1.5 million citizens. Primal' responsibilities included program planning ~ld budgctin?_, p~mng the aDpointed commission, supervision of five project managers and coordination of 33 artists to integrate major aa'works into the construction of buildi,? and parks. Or?nj,ed and facilitated several citizen committees. Glenn Weiss. 20'70 Homewood Bird, #416, i~lrsy Best'h, Florida 3~44S (S61) 276-886S L,w~glennweiss. com Independent Curator and Contractor, New York City and Seattle 1988-89 Curated architectural exhibitions for PS I in NYC, Seattle An Mnsemn and University of Washington. Prepared workin~ drawings for an aparlnmnt building for Edward Burk~ Associates. Tm,ght architectural design a~ th~ University of Wnshi%cam. Freelance architectural writing for Progressive Architect~ and REFLEX Executive Director, 911 Com~..~nm-y Art~ Ce~tor, S,~n~o 1986-88 Directed this non-profit artist space for media and visual arts. Duties included artistic direction, fund raising, board m~o~nent, supervision of staffand volunteers, exhibition curafion and financial ~n%~m~. Secured grants from the NEA, local gov~,mnont and priv~ fon~.fions. Several art programs w~e coordi,~t~ with human ~'rvice providers and eavironmental activists. Executive Director, STOREFRONT for An and Architecture, New York City 19 84-86 Co-directed this noa-pro~ artist space with Kyong Park during its initial years o~ni~in_~ 15 exhibitions and major grants from tie NEA, NY State and private f-o.,,,,t,tions. Worked with Coalition for the Homeless and housing activist groups on several projects. Project Architect, Atfi-ed Wea / Klm Wang Associates, NYC 1983-84 In this 4-psrson firm, prepanxl wortang drawings for vacation homes, apannm~ and offices; developed &sigm for speculative msidena~! towe~; and coordin~t,'el_ perm~aing, Architectural Intern, Haines Lundb~ Wadder (HLW), NYC 1980-81 In this 400-person firm, prepared woOting drawin? for major commercial and institutional projects. 1St Prize, Mn?~/n,~ Editorials yc~,n~ ~ ISsue Young Architects Winner Mortar Board and ODK Honors and Awards NW Region, Socie~ of Professional loum-~i~s g~ ~ ~c~ ~si~ ~ N~ Yo~ ~ ~e Buc~H U~ 2000 1998 1990 1989 1979 Five Year Plan Many Community Desi~ Charettes Historic Properties Study Bellevue Public Art Plan Many Community An plnn~ plnnning Experience Broward County Public An Program ARC Architects, Seattle City of Des Moines Planning Dept. City of Bellevue Planning Dept. King County Public An Program, Seattle 2000-01 1996-98 1994 1993 1990-93 Yc*~ Circle AnsPark Grant Architectme Critic Architecture Writer Needs Study for Disabled Children Multiple Markcting Proposals CDBG Application Multiple C,-mnt Applications Writing Experience c~ of Ho~ood (won) Arcade Seattle M%~ne & Seattle Post-lmdligencer Kindering Center, Bellevue, WA Mni~ Coast Ani~ 911, Storefront 2001-02 1996-2001 1999-2000 1999 1994-98 1994 1984-93 Community Service Co-Director, White Center Home Crarden Tour, 600 visitors annually, Seattle Presideut, North ~gh!i~ Unincorporated Area Council, Population of 29,000, Seattle King County Emergency Medical Service Task Force, Population of 1.5 million, Seattle KC Metro Bus Service, Six Year Transit Plan ~ Populagon of 1.5 millio~ Sealilc 1994-99 1996-98 1998 1995 TO: FROM: SUBJECT: MEMORANDUM MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDAITEM 9F - REGI3L~ETINGOFJUNE 17,2003 ADDENDUM TO THE APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: June 17, 2003 Mr. Perry DonFrancisco forwarded his application for consideration of appointment to the Downtown Development Authority. A copy of his application is attached for your review. KS DFLRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the f'ollowin~ information: 1. Legal Residence: Principal Business Address: City ~C~~ Stat~'L City State 5. Home Phone: [ Business Phone: E-Mail Address: [ Cell Phone: 6. Are you a registered voter? {~4~,~' If so,%h~re-~e you registered? 7. What Board(s) are you interested in serving? Please hst in order of preference: ' ' Code Zip Code Zip Code 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) ~o~,..~,~.~x 1~2~Tq:~. ~..~,~lq~,~.~cl~c4 O~,~,v. Iqa[ . I~q9 10. List any related professiog01~ccrtificati, o~s gnd li~:enses_which you?ol& 11. Give your present, or most recent employer, and portion: - 0 12. Describe experiences, skills or knowledge which qualify you to serve on this board: ('Please ~tuch, brief resume) _ I hereby ceid£y that all the above statements are true, and I agree and trade,rand that any misstatement of material facts contained in this application may cause forfeiture upon my pm of any appointment I may receive. SIGNATURE DATE Note: This applica6on will remain on file in the City Cleric's Office tot a peno~ ot z Fern's ~om the date it was submitted. It will be the applicant's responsibility to ensure that .~ flt~e.~t~l~{lfion is on file. CITY CLERK 40 Sou~h Ocean Boulevard ~ Delray Beech, Florida 33483 Phone (sm) 27s~364 ~ Fax (5el) 27s-33~ Owner/Operator, Boston's Inc and Boston's on the Beach, Inc PROFESSIONAL QUALIFICATION~ Member of Board of Directors, Vice President, Secretary, Treasurer for Boston's Inc a privatley held corporation Oversee day to day operations of Boston's Restaurant, Lounges and Hotel 1982 - Completion of Doctoral Courses and Qualifying Exams Florida Atlantic University, Boca Raton, FL Ed. $. Degree - 1981 - Florida Atlantic University, Boca Raton, FL MA Degree - 1980 - VVorce~er State Cotlege, Worcester, MA BA Degree - 1975 - University of Massachusetts, Amherst, MA STATE GERTIFICATION8 · Food Managers Certification, Florida · Real Estate Associate, Flodda BOARDS AND COMM 2002- · 2002 - · 2000- · 2000- ITTEES Present -Detray Beach Chamber of Commerce Board of Directors Present - Downtown Development Master Plan Implementation Committee Member, Defray Beach, FL Present - Delray Chamber of Commerce Executive Board Member Present -Detmy Beach Fire Department Awards Selection Committee Member Delmy Beach Peliea Sergeants Oral Exam - Interview Committee Member 2002 - Village Academy Community School SAC; Committee Member 2001 - Delmy Youth Enrichment Charter School Adviso~ Board Member Visions 2010 Steering Committee, City of Delmy Beach, FL PROFESSIONAL MEMBERSHIPS · Flodda Restaurant Assodation · Defray Beach Chamber of Commerce South Palm Beach County Board of Realtors VOLUNTEER ORGANIZATIONS · Delmy Citizens for Delmy Police, Co-Founder, President, Member of Board of Directors · Detmy Beach Holiday Toy EMve, Co-Founder · :~bbl - Ken ~_iiingsworth Ufefime ~ommunJty ~ervice Award - bdray ~each ~hamber of (~,ommerce · 2001 - Outstanding Support of Law Enforcement - Palm Beach County Police Benevolent Association · 2000 - Distinguished Citizen Award - Delmy Beach Elks Lodge · 1999 - Distinguished Achievement Award -Intemational Association of Firefighters, Delmy Beach · 1998 - Small Business Person of the Year - Delmy Beach Chamber of Commerce · 1998 - Sam B Walton Community Service Award I fo MEMORANDUM TO: FROM: SUBJECT MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # q~ - REGULAR MEETING OF JUNE 17, 2003 APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: JUNE 13, 2003 The terms for Robert Griek and George Maso will expire on July 1, 2003. Mr. Griek has fulfilled one full term and Mr. Maso has fulfilled an unexpired term; both are eligible and would like to be considered for reappointment. The term is for three years ending July 1, 2006. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of realty within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. Currendy serving on the DDA and meeting ownership and tax payment qualifications are Mr. Louis J. Carbone, Ms. Ellis, Mr. Griek and Mr. Wideman. The following have submitted applications for consideration: (See Exhibit "A" attached) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered with the exception of Michelle Reich. Based on the rotation system, the appointments will be made by Commissioner Costin (Seat #1) and Commissioner Archer (Seat #2). Recommend appoint for two (2) members for a three year term ending July 1, 2006. boardapptmemo DDA 06-17~)3 EXHIBIT ~A" Downtown Development Authority David Beale Dorothy Beck Christopher Brown Joseph Del Casino Gilbert Forbes RoyFraker Bob Griek (meets tax qualification) (also applying for Community Redevelopment Agency) (also applying for Community Redevelopment Agency) (also applying for Community Redevelopment Agency) (also applying for Community Redevelopment Agency) ( lcumhent) Amjad Vk , d ke) George Maso (incumbent) (also applying for Community Redevelopment Agency) James O'Bfien (meets tax q-a!ification) (also applying for Community Redevelopment Agency) Michelle Reich Kathleen Schoenberg (also applying for Community Redevelopment Agency and the Education Board) Thomas Stanley Ronald Sullivan Troy Wheat (also applying for Community Redevelopment Agency (also applying for the Education Board) Nl-AmedmClty 1993 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. I~stName: ~,/~L_~. 2. Home Ad'ess: 3. Legal Residence: 4. Principal Business Address: City State State Zip Code ..~p Code Zip Code 5. Home Phone: Phone: E-Mall Address: Cell Phone: ~"6t Fax: you a re~stered voter? ~ 5 If so, where ~e you re~st~ed?~ 7. ~,,Board(s)~eyou~t,estcd~s~p~Z~ ~' 8. List all City Boards on which you are currendy serving or have previously served: (Please include dates) 9. Educational qual/ficatons: 10. List any related professional certifications and licenses which ~you hold: 11. Give you~ present, or most recent employer, and position: 12. Describe ex enences, skills or_kr?.owle.dge .whichgualifi/you to serve on this board: (Please attach a brief resume) l hcreD~ certify th'~t ali file above statements are tm.lc and ! a cc and understand that an Ih* . . ...... gr yrmsstatcmcnt ofmatcriaJ facts [ ~m~e~ m tins ~cl~llcaton may c~use forfeiture upon rn¥ part ofan~ appointment I may receive. Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. DAVID A. BEAI E, P.A. TELEPHONE {~1} FAOSI~I~ (~1) ~3-31~ E~L DAVID A. David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School O.D. 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (1990). David Beale is a member of The Florida Bar Association, New York State Bar Association, and Association of the Bar of City of New York. He belongs to the Entertainment Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the Intellectual Property Law Section of the New York Bar Association. Mr. Beale has spent his entire career representing the needs of small businesses and their owners, the sizes of which range from start-ups to companies with $1 O0 million in sales. His practice encompasses all types of corporate, partnership, employment and commercial agreements, including leases, property purchases, and financing agreements, as well as all types of litigation that relate thereto. He is able to work with clients who have sole proprietorships as well as partnerships and corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation, corporate document requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and non-compere agreements, mergers and acquisitions and creditors rights. Mr. Beale can give guidance on vendor, service and sofrware agreements, ss well ss negotiate and litigate disputes over same. On a personal level, Mr. Beale can advise ~nd counsel on all types of matters, including wills, trusts, health surrogates, powers ofartorney, living wills, and probate, real estate, rentals, name changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and estate planning. Real estate closings can take place in his suite, with title work done by sssodated counsel. Clients of the firm are found in the si, ess of banking, publishing, distribution, marketing, licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non- profits, parry planning, catering, equipment sales and financing, and employee management and training. He'has extensive experience in employment law issues, and spends a great amount of time counseling companies and their human resources professionals with questions concerning discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of employment law issues. Mr. Beale is outside general counsel to a national and international distributor of magazines and books, employing over 1500 persons nationally. Mr. Beale has also represented national magazine and book publishers, and film and video producers, and has negotiated and drafted contracts for clients that cover every conceivable area of need, ~nduding copyright, trademark, rights acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and sale agreements. He also has extensive litigation experience in state and federal courts all over the country in all related areas, which include infringements of all types, libel, gander, invasion of rights of privacy and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in these INf~LL~TGAL PROP]~RTY AND M~DIA PRACTIC~ David A. Beale is experienced to handle a wide array of issues and problems in this practice area, including representation of magazine and book publishers, distributors, film and video producers. The areas of expertise' covered by Mr. Beale's practice include the following: Trademark and Cot~vrieht Practice - This area encompasses everything from registrations, development, licensing, infringements and unfair trade practices. Experience includes litigation of all types, from the Trademark Office to federal court actions for infringement action, including the prosecution and defense of preliminary injunctions. Publishint - The firm has extensive experience in negotiating both magazine and book contracts covering the following areas: publishing rights, printing, distribution, licensing and fulfillment. Media - The firm can meet all need in this area, including, libel, slander, rights of privacy and publicity and all other First Amendment issues. ~ - The firm has experience in development and production deals, as well as performance and location rights. Experience has included the clearance for production companies for copyright, trademark and location rights. Mr. Beale frequently develops new approaches to issues and problems, advising clients and litigating on a national level, while remaining constantly aware of the client's desire to remain cost efficient in today's economy. F.,Mi~LOYM~I~ LA~ PRACTICE David A. Beale believes the most effective way to handle employment law claims is through a preventive approach. This means that he will work with each client long before any claims arise. If a problem surfaces, litigation can be handled in a cost effective and professional manner. In today's business environment, companies are recognizing that it is essential for an experienced lawyer to draft and/or review employment policies, procedures and provide training to all supervisory personnel. After extensive consulting with the client's Director of Haman Resources, or other responsible individuals, in order to determine the problems and issues specific to each client, Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues that may arise. These may include one or more of the following areas of employment law: *Hiring *nd twsluating employes *Sul~r~isory trsining ~[mptoyment dbcr~imtion, ~ ~r~sment Title Vll, ~EA, ~A *Employ~ ~onnel fdes ~d right to pri~ *Employee ev~uatlon *~ri~ ~ues *Job s~ *~u~ion in ~rce; ~-engin~rin8 *~m~mtion & work ~ed~es *Employee Compensation & fringe I~efits *Employment terminstion *Employment contracts & Isgreements *Drug testing *No smoking policies *Disciplina~/programs and procedures *AIDS *Ftmily Medical leave Act His loss prevention and litigation skills are needed to serve your needs, and work with your Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer should face today's employment law problems alone. David Beale will always be available to be your partner in problem solving. FLORIDA AND NEW YORK DAVID A. BrALE, P.A. Law Off:ices ~$ NE 5TM Ave~u~ D~Y ~CH, F~DA ~ ~PHON~ (~1) ~1~ FACS~I~ (~1) ~1~ ~L ~~u March 11, 2002 City of Delray Beach I00 NW 1~ Avenue Delray Beach, FL 33444 Dear Sir/Madam: Enclosed please find my Board Member Application for P&Z, CRA, and DDA, together with information about me and my law practice. I appreciate your consideration of my Application, and look forward to hearing from you. DAB:dsl Enclosure Very maly yours, ~ A. BEALE, P.A. RECEIVED HAl? 1 3 2002 CITY CLERK ~ CITY OF DELRAY BEACH ~11~! BOARD MEMBER APPLICATION 1993 2001 State City State · ~l. I. Code 5 Zip Code 4. PzincipaI Business Address: .~M ~74 ~9 ~'Z/-~74-74~7 City State Zip Code E-Mail Adckess: Cell Phone: Fax: 74~7 6. .~,re you a zegistered voter? ,,I/~,~:..~ If so, where zre you re~stercd~ ~~ ~ 7. ~at Bo~d(s) ~e you ~t~ested m s~g? Please ~st ~ ~der of preference: 8. List ~11Ci~' Boards on -,vhich you are currtndy ser~-ing or have previously served: ('Please include d~tes) 10. List any rehted professional certifications and hcenses which you hold: 11. Give )'ow present, or most zecent employer, and position: 12. Describe experiences, s '.k~lls o,r 'knowledge which qu. alify you to ae~.e 6..n this board: (Please attach a brief resume) ~e'~ /r_~_ H/~ l, pa$/~'d ,,,~r,,'~,~/ ,~y' /~/ Al. ,7'. Z~,,~/~' .~T,~:~T eon~ineg in ~his spplicagon ma}' c~-se forfeiture up~ my p~ of~)' spp~ I ~), ~c~. Note: ~s app~cafion ~ remain on ~e ~ ~e 0B' Oerk's Office fo~~om ~e ~te it was subdued, h ~ be ~e apph~m's ~ongb~' to ~sme ~t s c~ent app~gon ~ ~ ~e. H~b I~ AP~ t 9 2002 CITY CLERK .]un 08 03 01:~3p 06/04/03 WED 0g:16 FAX 561 243 3774 CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2DO1 Please tTpc or punt the foUo~'~ ~fom~adon: p.2 ~oo~ 4. P~apM Business Address: ~ Sm~ Zip Code 5. Home Phone: Bu~ess Phone: E-~ Ad'ss: CeU Phone: F~: 6, Are you a m~steted vote? ~ 7. ~at ~oatd(s)~te you inte~t~ ~ ae~g? P~ase ~st m o~er of p~e~e~ 8. ~st aU Ci~' Bo~s on wNch you t~ ~endy se~g cz ha~ pre~ously ~.~: ~l~sc ~ludc dates) 10, ~[ ~}' [JJig~d pro/cssio~ ce~ficauo.s ~d ~ccnses w~ch you hold: I I. Give your present, or most recent employer, md 12. ~sc~bc ex~eflcei, ~s ol ~lJdgc w~ch q~, you lo ie~c on ~s ~atd~ ~se a~ch a b~cf~mc) SIGNA~ DA~ Note: T~s appUca6on w~ remain on fi~c in the C~ty Clerk's O~cr ~r a ~ of 2 ~s ~om ~c date it was subdued. I~ ~ ~ ~e ~phc~t's zes~b~ w en~ure ~at a cu~nt appUcafion is on ~e. REGEIVED JUN 09 2003 CiTY 0LERK 3un 08 03 01:~3p p.3 CIVIC DESlGNASSOCIATES Chaistopher J. Brown, Ud~n Planet Principal Mr. Brown s~s ~ ~m plm~g ~c ~1o~ md ~fl es~ coasting ~r bofl~ pfiva~ md ~b~c entities. He se~d as ~e ~ecu~ve ~mc~r of ~e ~ ~, Co~ ~de~op~t ~ncy (~), ~ t~ ~c~ment-~mc~g ~s~ct, encomp~s~g 2,~ ~c~s, ~r ~te ~. U~er ~s ~fion, ~e C~ ~ner~d over $50 ~ of ~novamd ~ ~ed p~ec~ m Del~y ~. ~ C~ ~cmt, he ~pkmen~ m a~ble ho~ p~, estab~shed a ~-1o~ p~ fo~ sm~-bus~sses, dev~o~d essen6~ p~g 1o~ ~ · e down~, compbted ex~nsive ~et ~au~6ca6on, a~cted urb~ housing p~mo~d ~sidenefl ne~ ~a~o., c~a~d a Sam~av raging ~een Ma~e~ and co-~nm~d a n~on do~-a-~, s~cess~ down~ ~ke~ p~. ~e C~ s~nso~d ~e es~b~ent of a "M~ S~t." ~e C~ is ~own ~r i~ lind ~sembla~ c~s ~ w~ch ~lo~n ~d as~mbled p~pe~ ~om ~e ~n~ ~ ~v~opment p~ses ~d ~r i~ a~ssi~ ~smess ~c~ent p~. ~e ~y fl~o ~cei~d o%~t $3 ~een ye~ ns n ~ es~ de~et ~d wo~ ~r ~o pubic comp~es, ~heg Eries- ~d De~lopmeut ~st~) md C~pe~ ~on ~o~n~). In ~3, Mc B~ wgl s~ as p~sident of ~e ~odda ~develop~nt ~s~iafion. Mr. Bro~ io~d fl~ ~ of G~c De~i~ ~socia~s, n ~ plying ~on~c de~lopmen~ md ~bm desi~ consul~tg ~. i~ducation and Certification Licensed Reft Estate Bsoker, State of Flodda ................ Licensed General Con,t actor, Sta~e of Florida : :- Bachelor of Fine Az~s, Yale Univenit7 Mastc~ of Ax,.~tecture, Uttlvet'siw of Pennsvlva~tia aster of City md Reg~onsl Planning, Universi~ of Permsylvnnia P~ofessional Societies and OrgmUzatione Congress tbt- thc New U~banism The Urban Land Institute The International Council of Shopping Centers Florida l~development Association, Boaxd of Dix~cton, 1996-2003 Pshn Beach Phol~aphic Center, Bonxd of Diteclors, 2000-2003 Business Loan Fund of~e Palm Beaches, Inc. 1996-2000 Palm Beach Coun~ Impact Fee Review Boa~l, 1995-2000 Tenching Experience Adjunct P~o~essor, Depsrlment of Axr_himcture, Rice Univemty, 19T7-83 Adjunct Pt-ofessor, Univ~rslty of Houston Barns College of I.~w, 19~/-83 Recent Pro~"c~ Include: · Commtmity Redevelopment Plan, Amezican Beach, Nassau County., Flo6da · Community Redex, e. lopment Plma, Fort r4etxe, Flo6da · Community Redevelopment Plan, Pompano Beach. Florida · Central Plantation Master Plan, Plantation, Florida · Community Redevelopment Plan~ Ft. Laudccd~lc, Florida · Housing Fiscal Impact Analysis, Smart. Flor/da ECONOMIC DEVELOPMENT ] URBAN DESIGN ] TOWN PLANNING 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION information: 2. Home Address: 4. P~dp~ Bu~ess Ad&ess: ~ S~te ~/~ 5. Home Phone: Bu~ess Phone: ~ E-~ Ad.ss: C~ Phone: F~: 6. ~e you a re~stered voter? ~e~ If so, wh~e ~e you ~s~red? ~ ~at~oard(s) .e you ~t.ested m se~? Please ~st ~rder ofp~f~ce: __~ . -- - -- 8. ~st ~ Ci~' Bo.ds on ~ch you ~ ~.m~, ~n~ or h~ve p~ou~' s~ed: ~le~se ~dude d~tes~ 10. ~st ~y r~ted p~fession~ ce~fic~fions ~d Uccnses ~ you hold: Il. Give your presen~ or most rec~t ~ployer, ~d ~dfion: ~1~ ~g~/ ~ed ~ ~s ap~fion ~y~use f~H~ ~n my pm of~y ~mt I ~y ~e. Note: This application wiU remain on file in thc City Clerk's Office for n ~_ocl__o.f.2 ye_a~from the date it was submitted. It will be the applicant's s~sponsibility m ensure tha~[ ~~mln is on file. CITY CLERK Joseph J. Del Casino 11211 South Milita~' Trail Apt #$523 Boynton Beach, Florida 33436 Home (561) 738-4586 Jdelcasino~hotmail.com SUMMARY Senior investment professional with 20+ years under~xiting experience in real estale and alternative nivestments as principal, advisor and consultant. Proven track record m developing profitable, long term investor and institutional relationships. Substantial transaction and portfolio managemem experience. CAREER EXPERIENCE Acted as principaL advisor and consultant for real estate im.estmcnts, mortgage lending, pr/vale equi~' and venture capita/investments. Extensive transaction and portfolio management ex'penence including managing a $6 billion national real estale portfolio and $3 billion in real estate acquisitions and mortgages. Business development and marketing experience with institutional and high net worth investors. Pr/vate and public sector experience with large and small organizations. Hired. Itained and managed professional staffs. Excellenl presentation skills. PROFESSIONAL AFFILIATIONS INDEPENDENT CONSULTANT, New York. NY 2000 - 2001 Private Investment Fund Advisor to SCHIEFFELIN & SOMERSET COMPANY, a joint venture of Diagen PLC and Moet Hennessy la:mis Vuittun. Direcled strategic development and implementation of a venture capital investmen! program as pan of a strategic marketing campaign. DONALDSON, LUFKIN & JENRETTE. New York. NY 1997 - 2000 Principal. Director of Real Estate Investments. DLJ Asset Management Group Joined DLJ initially to create an infrastructure for managing the dramatic groxx~h of its alternative investments program, and ulffmately to direct the creation and management of its real estate product line. NEW YORK STATE COMMON RETIREMENT FUND, New York. NY 1990 - 1997 Chief Real Estate Investment Officer (Underwritthg Manager) and Director of Real Estate Im,es~ments Joined the Fund imtially to restructure its real estate investment program, manage the underwriting of all new investments and ultimately to develop and expand its investmem scope and strategy. CUSHMAN & WAKEFIELD REALTY ADVISORS, INC., Ne~' York. NY 1986 - 1990 Assistant Direclor. Portfolio Management JONES LANG WOOTTON, New York~ NY 1981 - 1986 Senior Investment Associate PARSONS BRINCKERHOFF QuADE & DOUGLAS, INC., New York. NY 1980 Project Manager Joseph J. Del Casino Page 2 Member of the Urban Land Institute (ULI). Pension Real Estate Association (PREA). and the International Council of Shopping Centers (ICSC) EDUCATION UNIVERSITY OF PENNSYLVANIA, Philadelplfia. Pennsylxania, 1980 MC.P, Master of City Planning Substantial course work at The Whmlon School Univemity of Pennsylvania Research Fellowship. Full scholarship. 1978-1980 American Planning Association Award for highesl scholastic average in planning program. 1980 William L.C. Wheaton Award for scholastic achievement. 1979 BROWN UNIVERSITY, Providence. Rhode Island. 1978 A.B.. Economics and Urban Sludies Brown UniversiB, Scholarship. 1974-1978 NEW YORK UNIVERSITY; New York. New York. 1981-1983 Real Estate. Appraisal Invesament. and Finance courses. LICENSES: Series 7 PUBLICATIONS Numerous articles in business and real estate publications including Barron's. The Appraisal Journal. Urban Land. Real Estate Rex'iex~. and Real Estate Issues. Member. Editorial Advison.' Board. The Handbook of Real Estate Portfolio Mana£ement (Irwin) and author. Chapter 23. "Portfolio Diversificalion Considerations." 1995. KEY WORDS Real Estate. Mortgages, Lending, Sub-prime and Non. conforming Lending. Alternative Investments. Privale Equil).-. Fund of Funds. Institutional Investing, Underwriting Acquisitions. Loans. Financings. Sales. Asset Management, Portfolio Managemem. Joint Ventures. Marketing. Business DevelopmenL Valuations. Appraisals. Financial Advisors. ~)ELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION PL,,-se 5. H~ Phone: B~ess PEte: ~ Ad.ess: ~ PEte: F~: If*o, wh~e ~e you 10. ~t ~y ~ted pzofemo~ c~6on; ~d ~c~s. w~ y~ hold: This appBc~don wi]] ~-~,;- o~ file in the City Clerk's Office..foLa_pgfiod of 2 ye~s R*om the d~te it was Gilbert C. Forbes 1120 Wartenhall Lane Atlanta, Georgia 30319 (404) 865-2992 Office (404) 255-1120 Residence Twe, nty-eig, ht. years of broad-based Banking experience enco .re. passing, sale.s, sales management, proouct training, consumer asset management, consumer lending, residential mortgage lending, commercial mortgage lending and branch administration. Experience FIRST UN-ION CORPORATION - 1986 to Present Senior Vice President, Consumer Banking Director/Manager 1993- Present Atlanta, Ga Initially promoted to Dir~.tor of the consumer banking activities for Metropolitan Atlanta, C, eorgia. Managed 117 branches with $4.4 billion in deposits, representing 8% of First Union's total retail .branch .network. A~.'ve member of the Merger Task Force re.sp~nsible for the con. solldation and mtegratton of Georgia Federal & Decatur Federal into First Umon. In 1994 the decision was made to eliminate the Director position to increase, dire~.t management involvement at the branch level. Became one of six managers focused on increasing overall branch performance in. the Atlanta market. , .. · As Director, Branch asset production rose from near last place position to fn~t or second place in all categories. CAP account (Asset Management Account) sales increamed over 800% during this period. · During the merger, deposit retention exceeded due diligence assumptions and merger salary budget came in well below salary expense goal, as staffing levels were achleved'well ahead of target. · .As Manager, exceeded combined Direct L~an/PEL and Mortgage production goals. Was second in Georgia and third in the company'ln SBLU production. Also was first in investment revenues. Vice President, Consumer Banking Manager 1988- 1993 M~ami, Directed growth of the retail franchise from one Branch and $lSmm in deposits to 45 Branches and $4.5 Billion in deposits. Area of responsibility included Dade and Monroe Counties. During this period, most sales management categories increased from a distant last to first place. Dade County was the highest earnings franchise within First Union with a Bank Group ROE of 29.91%. Managed retail banking orgAniTmion through seven bank mergers. Vice President, Regional Consumer Banking Director 1986- 1988 Pompano Beach, Fi. Provided direction in establishing and achieving regional consumer goals for 74 banking centers. In this staff role, directed .merger. activities during First U. nion's initial entry into the South Florida market. Coordinated traln.~g initiatives and Was actively revolved in developing and implementing business plans with particular emphasis on asset production. Was committee Chairman for development of original "Branch Compare" incentive plan in Fiorida. Member Florida Consumer ]3anking Committee. Gilbert C. Forbes Experience (continued) Page 2 SOUTHEAST BANKING CORPORATION- 1971 to 1986 Miami, Florida Vice President and Manager - Commercial Mortgage Department 1985 - 1986 Managed the commercial mortgage department (income property loans under $2 million) state-wide for mortgage company affiliate of Southeast Bank, N.A. During this period originated $4.2mm in commercial mortgages. Senior Vice President, Consumer Loan Product Manager 1983 - 1985 Managed consumer loan portfolio for state-wide bank, covering 163 banking centers. Increased consumer loan volume more than 300% from 1983 to 1984. Credit insurance sales increased 25% each year. Directed consolidations of three consumer credit operation centers into one. Senior Vice President, Regional Consumer Banking Coordinator 1980- 1983 Managed the retail asset portfolio of four-county, $800 million regional bank having 44 banking centers. Regional representative to state-wide consumer banking committee. Vice President - Product Manager 1976- 1980 Promoted to Asset product manager for Southeast Banking Corporation to devel°p ~ew consumer loan products and increased profitability of existing products. Developed and implemented revolving credit products in branch system and developed a unique video sales training program to teach customer focused selling techniques. Vice President - Mortgage Banking 1971- 1976 Managed the second mortgage production and portfolio of one of Miami's largest mortgage banking firms. During this period, opened seven 2nd Mortgage offices and initiated the formation of a small loan (516F.S.) company (Southeast Consumer Finance) through which to fund 2nd Mortgages. Developed Mortgage Guarantee Product with American Bankers. LON WORTH CROW COMPANY (acquired by Southeast) Manager, Servicing Department - Loan Administration Managed mortgage servicing department (25 employees and 30,000 mortgages) of Miami mortgage banking fu-m. Started and managed a Second Mortgage function. Education UNIVERSITY OF MIAMI BBA degree in Finance - 1965 NORTHWF~TERN UNIVERSITY Graduate of the School of Mortgage Banging, References furnished upon request. 1993 '~001 CITY OF DELRAY BEACH ~O.~RD MEMBER APPLICATION $~ Zip Code. I S~e ~p Code 3. 4. ~ ~ess Ad&ess: ~ 5- H~e Pbgc: ~,,~ess Phone: ~ Ad&ess: I C~ 7. ~a~ Bond,s) a~e yoa ~t~csted ~ s~ P~se ~st ~ ~ of~ce: 8. ~t ~ G~' ~o~& on ~ch ~'o. ~ ~d)' ~g ~ ~ ~)' 1~ Des~be ~c~, ~s ~ ~o~lc~ tu~ you to ~ on Note: This sppli~don will zero.tn on file in the City Clerk's Of'rice for s pegocl of 2 ye-~-ts from tb submit'ced. It viii he the ~ppllc~lt's RoY J. FRAKER Strong professional background in sales, marketing, public relations, customer service. management and administration. Excellent analytical and organizational eldlls. Intuitive ability to rapidly assess people's needs and resolve problems. Capable and competent with the energy and enthusiasm to adapt to various people and work situations. Proficiem in ACTI 2000, Microsoft Word. Word Perfect, Excel. Outlook. Delphi and Interest Explorer. Sales Manager, Execu'dve Meeting Manager 2001 to Present Delray Beach Marriott, Delray Beach, FL ·National, Regional and Local sales and marketing for luxury 268 room oceanfront hotel · Develop, track and maintain competitive corporate arid leisure rate structures · Create new packages, programs and incentives, track and maintain forecasted sales for both leisure and corporate market segments · Host in house receptions, site inspec~ons, entertain end conduct both hotel and local area tours to prospective clients and visiting organizations and associa~ons · Serve as hotel community liaison and representative for county, city. local civic organizations · Organize and host frequent and successful meeting planner, travel writer and VIP FAM · Highly effective and successful leader and team player for p~<)pening sales, sales blitz . campaigns and roll-out of incentive programs Site Operations Manager 1996 to 2000 Msianer EleotTiC, Inc., d.l).a. Ocean City ProperfJaa, Ltd., Delray Beach, FL · Lead restoration of historic warehouse building into 14,000 square foot corporate office - Supervised daily site operations of historic 46,000 square foot shopping, dining, and outdoor entertainment complex includirlg construction, renovatlon, leasing, advertising, marketing, public relations and special events · Fire & Security systems administration, hurricane preparedness and emergency management Management of all sub.contracted cervices and direct supervicion of maintenance and housekeeping staff ' Purchasing. r*c~_~g and asset management of all fixtures, fumlshings and appliancas Responsible for special projects such as complete revislon of corporate image, inclucive of concept In)[,,Jctor & Administrator Independent ConlTactor, Palm Beach County, FL 1993 to t996 - Martial arts instruction & supervision of three inslTuctional programs including 13 Palm l~,each County schools. Boca Retort YMCA, and · private school with combined enrollment over 1500 · Sales. marketing, adverttcing, contract management, database and financial management, editor and publisher of monthly newsletter · Planning and implementation of ihcelltives, special events and annual convention 38 1/2 South Swinton A~ranua, Dalray Beach, Florida 33444 (~,61)-26S-2507 RoyFraker~aol.com RoY J. FRAKER Reservations, Front Desk, Concierge 199i t~ 1993 " Ritz Carlton Palm Beach, Manalapan, FL · Hired as hotel's odginal 'Opening Team". One of 500 out of 5000 applicants. · Consistently outsold rooms exceeding revenue goals by volume and gross sales. · Promoted to Departmental Trainer during which hotel received the 1992 Malcolm Baldridge Quality Customer Service Award. · Interim Supervisc=r of Fitness Center and Ritz-Carlton Club. Created, implemented and Supervised hotel's first 'Ritz-Kids' program. Attractions Host, Production A~sistent & Talent Coordinator 1990 to 1991 Walt Disney Company, Lake Buena Vista, FL · Attended the Disney University Career Start program · Originally cast as Attractions Host for the Disney MGM Studios · Promoted to Production Assistant and Talent Coordinator for the NBC television game show 'Let's Make A Deal' · Cardinal Newman High School, West Palm Beach, FL, 1990. Honor Roll · Palm Beach Community College. Lake Worth, FL 1993. Deans Ust · Florida International University, Miami, FL, 1993. Family Management Specialist Training Certificate · University of South Florida, Tampa. FL, 1994. State of Florida HRS Child Welfare Training Certificate · Greater Boynton Beach Chamber of Commerce, Leadership Boynton Beach, Class of 1995 · Personal Development Center. Delray Beach, FL, 1996, The IN'lng Course, Personal Development Workshop · Southeast Education Center, North Palm Beach, FL. 2000, Dale Carnegie Leadership Training · Personal Development Canter, Delray Beach, FL, 2001 Certified InstnJctor ACCOMPLISHMENTS & OUT$1OIE INTER.I~$TS · Bob Beamon Golf & Tennis Classic, Board Member, 2002 · City of Delray Beach Sister Cities Committee, Board Member, January 2001 - Pre~ent · Museum of Lifestyle and Fashion History. Board Member, January 2001 - Present · Tourism Committee, Co-Chair. Delray Beach Chamber of Commerce, 1999 - Present · One of 100 citizens and community leaders to represent City of Boynton Beach at Visions 2000 Conference, 1996 · Palm Beach Post Pathfinder Award, Community Sen, ice 1990 · Steering Design Committee; fund raising and Special Events Co-Chair, crew leader and conduction coordinator for 'Let's Build a Playground' Boynfon'Beach, FL 1995 38 1/2 South Swinton Avenue, Delray Beach, Florida 33444 (S61)-265-2607 RoyFrl~ol.com q CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please ~ o~ p~int the following infor~,tion: 2~Ho~ue _Add~e~: ' 3. 'Lega!_.Residence: City S~te 4. Plincipa] Business Ad.~ss: State 5. Home Phon~ Business Phone: E-Mail Addi~ss: C~ Phon~' F~: 6~ ~¢ you s rellim_ vo~er? If so. vhm are ~ou register, d? 7. WhstBozrd(s) are you in~e~ested in sel~in~. Pleaselistinorde~ofpix-fe~nce: I0. Li~t any ~b~l l~Of~ional ~'fiti,'~tio~ md li,'m~r~ ~hi~h you hold: 1L G-iv,- your pt'~*., $10-"I~TUR.~ -~/ ~ DATE No~e: This application will ~ on file in the City Clerk's Office for a p~iod of 2 ~esrs flora the date it was submitted. It will be ~he spplicant', responsibility to emu~e dzat, cun~t~o~l~~_~_~r~r~ NOV -'7 2002 CITY CLERK 04/10/03 Th'U 15:15 FAX 561 243 3774 CITY CL~RK ~uuz CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ~. Lcg~ Rcsid~fi~c: / ~ 9. ~ucadon~ ~fic~dons: i0. ~st ~y teht~ pwfcssiond ~ficafions ~d ~n~e~ ~ch you hold: 11. Give ~ur pre.rig or most recur employervm4~si~": Note: This application will mmm on file in the C~ t cu~ent application is on file. subn~n~. It ~ be ~e sppUca~t's zcsponsibUky w ensure that · s~s~,~mv~^~o~ RECEIVED ,JUNO 9' 200~ CITY CLERK 02/19/2003 15:57 5Gl_GS.:,_$~O00 IPI PAGE CITY OF DELRAY BEACH BOARD MEMBER APPLICATION $,. Pfincipsl Busines~ Address: t pw~.4~w oo RESUME GEORGE MA$O, JONES, EDUCATION: ' . UnderFaduate ~gr~ in Law ~'h.D Lq ~oCt~l Science Unh, erstt¥ of Uruguay Universtt,v of Uru~uaX Post Doctoral Studlee In the areas of ~uslness Administration, International h~in~, foreign Relations, Communications, Mari~etlng, Medea, Publicity, ~d ~e~ Promo~on. I'3t0FF..qSIONAL AFFILIATIONS: Forel~ Press Center of New York, Member Internsflonal Press Aasociation, l'~'esident.~$?3-75 LIo~u Club International Alsoc{ation,~oard of Direct'ors C:~artet President of United Nations Lions Club-l~7 L~l~n American Federation of Public Relations, Member of Board U~lverslty.~ llltno1£ Chica~o, Illinois-Department of Criminal Justice Guest Morida Atlantic University, ~oca Retort, Florida-International Trade Specialist, Counselor French, Italian, Portuluese, Spanish I~OF~SIONAL ~XPERi~NC~' Al consultant, advisor, evaluatot,, negotiator, and lmpalementor with ~tenslve and diversified experience in both public end private sector, in the ~lddle £asL Far ~ut, ~urope, North America, and Latin America ~¥ith, for ~d o~ ~half of clienta involved in international business ventures. fntsr~ae[onaI final, ce, banklnf, ffl~erna~onal'bar~erin~, ifl~erna~ionaI tra~e, ~mmercl, developer of Industrial pro~ct~ and commercial contracts· ~oublt shooter ~or govemmen~ and ?d~pendent business in important s~i~vf and'delicate areu, PROFESSIONAL INT~.RNATIONAL Misted L~ putting toðer I~CYI~ABOL F~up ~etw.n uruguay, Paraguay and BoJivla., ColIa~rated and develo~d ~rlg~nal scheme and i~pIe~ent~d same ~pr.entiflf the government o; pruguay. Personal advbor to ~olfvfan 'l~'ealdent Btrrfentos. Arranged financing and supplied $000 tractors to g6vernrnent of Bolivia by Titan Trac~or,Corpora:lon, New York. Coordinated and L.'.'nplemented a prote, ct o{ ~..u. sing and apartment complexes for tl~e Munlcipal~ty of Mo~tdvideo, Utu~u'ay. Over a peribd of five year~, nora than S0,000 pet~ons wets able ~o upgrade their housing standards and ~enonal living conditions. Tl'~ls project was a Joint e/f~rt between IAtet Ameflca~ Development lat~: and ~ City of Montevideo. Re'preventative of Urugua), t~ LrNF.~CO Paris, R'ance. Conducted se.rr~nars in leurnalfsm, ma.~ communication a~d rneclia strategies. Repre~entative of EXPO 70 Osaka, lapin.. Led private t~d oF;ic~al sectors. Publisher of NeWSpaper IXTRA for "Edlciones Oriental. Cooperative Ptrlodlstlea' ~ontevl.deo, Uruguay. · Special advisor to Dr. Jeae Mort Otero, Mlt~tei' of Foreign Affairs, Uruguay. · United Nations, NYC - Information and press advisor to government of Umaguay. Special Advisor to Arnb&llador of Uruguay to the United Nat~ons. erudl ell. Concluded and Implemented two cantracts in 1975 and 19;'9. l~.'egot~ated Joint Venture (or production o'~r a~l..pollution che,"nfcals betty, eon Grant Chemfca~ Corporation, New ;e~seRl~I Brazil (Petrobras). Negotiated desalfnlMtlon plant c~ntracts .between Brazilian Governrnent a~d Royal Commission Oubatl) ~(lngdom ~f Saudl Arabia, Plant completed anti Central figure In developinS 1~,000 unit aparttnent house pro.fact ;or the Municipality of Guayaquil, Ecuador (Banes de'la Vlvienda).' Special assignment with ITEL Corporation, 'San Francisco, California in conjunction with Mexlcan'Gov!rnmint (CON. ASUPO) to locate and retrieve Special consultan, t to President RoldoJ otr.~cuador to arrang, e. barter betweer~ ~uadot and lnd~a. · :i ' ~,rtange t'or lealrood product~ of Mit~ui Corporation, Osaka, ~'epan by Trans-o- Company, NYC (or compreher~ive U.S. distribution · Arranged financing (or A.~£$A, Uruguay, (or its sugar refinery· .(USC) 27 m~tllio~, completed :in three l)hases). Rlso AMI~$^, Uruguay l~ave arranged UgD 12 million loam with O~IC, Washington, DC guarantee: This tta~saction wu mmplet~ within ~rlt quarar of !~. Intertec S.A., epe. clal consultant to Brazil, Argentina and Uruguay In' fntaYnational finance, .banking, t'ret trade ZQneS, for the new common market. S~cial advisor to the Czech Republic In the ~reas of International Ba~king, Intonational Trade· and Ittte~itlonal Relations with Latin America. CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 002 Nore: This application ~ rtmtin on file in the City Oerh'i Or'ce ~: a pedod c~2 year~ ~ d~e dare it was submitted. It will bc thc apF, li,'~'s ~spm:~ihili~ ~o ensure thl~ a c,al~rn epplicsdon is on f~ RECEIVED NAR 2 5 2003 CITY CLERK MOR Property Management, Inc. Page I of 3 James M. O'Brien President Professional Experience: · Over thirty years of hands-on experience in Property Management, Leasing, Marketing, Tenant Improvement and ConstnJcfion Coordination in the Northeast and Florida markets. · P~mary focus on Office, Industrial, Retail and Mixed-Use · The management of asset portfolios with a diversified product type and quality. · The management and supelvtsion of fee managers and leasing personnel as well as directly employed managers and leasing agents. · The development and implementation of asset redevelopment and enhancement programs. · The development end implementation of investment plans and the on-going management of investment and operating budgets. 1999-Present M.O.R. Property Management, Inc. Delray Beach, Florida 33483 President BeachPlace Fort Lauderdale, Florida General Manager Responsibilities included the overall day-to-day management of a 100,000 square foot Entertainment Center with an attached 800 car Perking Facility and a 400 room Marriott Vacation Club International. P~ma~ functions included the fostering of strong Tenant relations as well as the retention of desirable Tenants compatible with the Entertainment Center concept. Additional responsibilities extended to the production of maximum net revenues, cost control and analysis of the operating statements to enhance ways to improve on revenues and control of costs. Oversee the internal accounting, marketing, security, janitorial and general maintenance of the Center. Codina Real Estate Management, Inc. http://mornumngement, com/bio_obrien.hun 3/24/2003 MOR Proper~ Management, Inc. Page 2 of 3 Coral Gables, Florida Vice-President Responsibilities included the management of an existing portfolio of Commercial Real Estate properties, Investment Sales; Syndication of New Partnerships and coordinating the formation of new Joint Venture projects for the Codina Group and its affiliates. 1988-1996 PFK Realty Services, tnc. Fort Lauderdale, Florida Partner Director of Management, Leasing and Marketing for PFK ReaEy Services, Inc. (Please see attached Cu~ricutum Vitae). Addi~onal responsibilities also extended to Management of Tenant Improvement Construction for the Compare/. American Tectonics Southeast Boca Raton, Florida Vice-President Director of Management, Leasing a~d Marketing sewices. Responsibilities included the management, leasing and marketing activities for a regional Commercial Real Estate developer in South Florida with over 1,000,000 square feet of Cornmemial space either existing or under constru~on. Additional responsibilities included the long-range planning for the management, leasing and marketing of future Commercial. Industrial & Retail Developments, as well as the oversight of all Tenant In'~pmvement Construction projects. Johnstown American Companies Consolidated Capital, inc. Atlanta, Georgia Vice-President Director of Management, Leasing and Marketing and Tenant Improvement Construction, Boston, Massachuea{Is's regional office. Responsibilities included over 1,000,000 square feet of Office / Retail space located in Massachusetts, Tennessee, Connecticut, Michigan and Georgia. Personal: Real Estate Salespemon, Florida B.O.M.A. Past President, ~outh Flodda Chapter Education: Milton Academy, Milton, Massachusetts Trinity College, Hartford, Connecticut BA Histo~ l~p:t/mormss~aff~m~.',nt.~x~n/bio_.obfi en.hun 3/24/2003 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Plesse tTpe or print the followin~ information: 1. Las N~'ne: ; Nmn M.I. 2..Home Adclrcs~: 3. Leg'~ Residence: i 0~ ~ State ~p C~e 4.~d~ Bus.ess Address: ~ S~te ~p C~e 5. Home Phone: B~ess Phone: E-M~ Address: C~ Phone: F=: 6. ~e you a ~stered vote? If so, whe~ ~e you ~st~d? 8~t~ C~- Bo~ on w~ch you ~e ~enfl) se~g or have~ously se~ed: ~lease ~ude dates) - 9. Edu~donal qu~fi~ons~ . t ~y r~t~ pmfessio~ ~fica~ons ~ ficen~s w~ch you hold: 12~ ~e~mbe ~fimses, ~s or ~le~ ~ ~u ~ ~e~e on ~s ~d: ~lea~e. am~ a brief ~e) I hg~g~y e~ ~a~ ~ ~e abovg~m~ ~ ~ md 1 ~ md ~fl~ ~at my mi~smt~t ofma~ e~ed ~ ~s apportion ~y ~e fo~ ~n my pm of my ap~ment I ~y ~c~. SIGNA~ DA~ · Note: TI'tis application ~ rerriain~ cy Clerk's Office for a period of 2 years from the date it was submitted. It ~ be the ai~l~an_t'~roil~sibility to ensure that a current ~application is on file. CITY CLERK ;" - ' THE INTERIORS GROUP -o¢^ a^'ro. · Michelle Reich President and CEO The Interiors Croup After graduating fi.om the New York School of Interior Design in 1972, Michalle Reich spent much oftbe 1970's as a residential designer and interior merclumdisor in New York and Chicago with Childs/Dreyfuss. In 1980, Childs/Dreyfuss transferred her to Boca Raton to open the firm's Florida branch. A year later, she made her first venture on her own with Palmer/Stuart Interiors, named for berseLf and her husband Smart, then a successful architect and builder/developer in South Florida. ARer winning numerous local and national awards, her talent and success caught the eye of the Los Angeles based Design One. They offered her a position as first President of their Fort Lauderdale satellite office. Working with Design One, Michalle built upon her expertise in interior design and model merchandising. Micbelle quickly developed a name for the internationally recognized firm, taking it fi.om one to 15 employees in less than three years - and quickly gained a personal following in the area with her signature trademark designs. In 1985 she broke away and opened The Interiors Group. Over the past 17 years the company has grown both in reputation and size to become the leading interior design firms sought by major builders, both locally and nationally. The award winning company now boasts 35 employees including one of the most highly talented creative teams in the design industry, a new corporete office in upscale Boca Raton and a satellite office in Miami. The success and reputation of The Interiors Group is a result of Micbelle's keen understanding ofthe entire building process. Micbelle believes that the design process begins before ground breaking and that is why Builders and Developers come to her in the initial stages of development for her architectural expertise and critiques that give their product a cutting edge before construction even begins. This is one of the unique services offered by Thc Interiors Group to help promote the philosophy that merchandising is the foremost marketing tool for builders and therefore deserves a strong eye for detail to insure that the builder is reaching the targeted market. Additionally in the past five years, she has created a new concept for the Builder's "Design Center" that creates an inviting and accessible design source that assists both the builder and their clients in completing the home buying process. Micheile Reich is helping builders and develope~, s. sell the American Dream, the attainable American Dream. Not only do her designs q~rk imaginations and inspirations for targeted lifestyles, but she also emphasizes memory points in her interior design to complete the package for the builders and developers to make selling or leasing their product that much easier. She has defined design trends and ot~en sets the industry standards, which she feels, have co,lalbuted to South Florida's leading the nation in cutting edge design. RECEIVEE FEB - 6 ZOO3 CITY CLERK THE INTERIORS GROUP BOCA RA'rON - MIAMI January30,2~3 Karen Schall, Executive Assistant or, ce of the City Clerk City of Delray Beach 100 N. W. First Avenue Delray Beach FL 33~.~~. Thank you so much for sending me information on the City of Delray Beach Boards and Comn~ttees. IYe completed and enclosed the application form. Karen, it goes without saying thai I would love the opportunity to become involved with the progress and growth of my newly beloved hometown of Delray Beach. I feel that after almost thirty years of my involvement with the hous'mg and development industry, I can bring to the table the knowledge I have acquired which has been so instrumental in the success of my own business. If you require any additional information please contact me at any time. I look forward to hearing from you soon. Please stay in touch. Warm reynards, Michelle Reich President F~nclosure RECEIV_E:; FEB - 6 Z003 CITY CLERK DfLRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~e or print the followinlg information: i. Last Name: SCHOENBERG 2. Home Addaess: 1050 BROOKS LANE 3. ]~l~] Residence: 1050 BROOKS LANE 4. P~ncipal Business Address: 110 S.E. 6TH STREET 5, Home Phone: ~ Business Phone: 561-274-7428 6. Are you a zegistered x-orer? YES KATHLEEN DELRAY BEACH C~, DELRAY BEACH Ci~, FORT LAUDERDALE IE-~lail Addaess: I Cell Phone: KATHLE E. O SE~JCE[MANOR.COM 561-350'3343 If so, wher~ are you registe~red? FLORIDA M. 1. W State Zip Code FL 33483 State Zip Code FL 33483 State Zip Code FL 33301 IFax: 561-274-9728 7. \X~at Boaxd(s) are you interested in sca'yang? Please list in order of preference 1 .Education, 2. Downtown Development Authority, 3. Communit~ Redevelopment A[~ency, 4. Plannin~ & Zonin~ Lis~ all ca? Boards on which you are cturenfl)- sec'lng or have previoush,, served: (Please include dates) NONE 9. EducaUonal quahficaaons: Rut~lers Universi~ B.A., 1992, Temple University, J.D., 1998 10 last an)' related professional certitkations and licenses which you hold: MEMBER, FLORIDA BAR, PENNSYLVANIA BAR AND NEW JERSEY BAR (INACTIVE} 11. Give your present, or mos! recent employex, and position: TP;Lm:' $~.n'n-, ~l-[-rnn~.,=y ~c'_CU;;$E; FGR C,;;A,~TZ~ -CHCCL.C L,$~h ~r~uF''~ 12. Describe experiences, s)~[15 or 'knowledge which quali~' you to serve On diJ. s bo~d; (Please attach a brief resume) My law practice focuses exclusively on charter schools and mai estate. Please see my attached resume. I hereby ccrtif3- Osat all ',he shove statements ~e true, and I agree and understand ~hat any misstatement of mixenal f~cts contained m this application may cause forfeiture upon my part of any appointment I ms)' ~cceivc, May 19~ 2002 DATE Note: This applica~on will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be thc applicant's responsibility to ensure that a current application is on file. HAY 2 2 2002 Kathllen form.max CITY CLERK KATHI,EEN W. SCHOENBERG, ESQUi'RF, EDUCATION Temple University School of Law ].D., cum laude, M~y; ~ · Top 10% of cia.; Dean's List mw. ty nemester · Dean's List five semesters PROFESSIONAL EXPERIENCE Ph'~aelphia, PA New Bnms~ck, N~ l~ty 2000 - present Tdpp Scott, P.A. Fort Cor?~r~t~ .~l.or~O, · Serve as in-house counsel for an education manngoment o~L~mi~ttion, o~e of 6~'m's las~st clients. · Draf-~ and negotiat~ a variety of contracu ~mcluding development and ~-%~ment ~greemenu, real property and equipment leases, re'ce coniracts, sad employment and consulting ag~ements) with municipalities, non-profit corporations sad private oqia..;zations sad pe~ons. · Advise client on employment issues, such as ~.,'~i,~tinn, employee sl~x.k option plans, sad compliance with applicable laws. · Advise client on all matm~s affecting cmlx~am pn~nt, tifteen sub,ldia,~es and ten non-protit foundations. · Advise client on pbm,lng and zoning issues ragmding school · Supervise compliance with local, state and f~deral laws. 1996 - 1999 Robert O'Donnell, Esq., Former Speaker PA House Low C/~/A~or~y Philadelphia, PA Drnf'md and negotiated commel'cial t~l estate lenses. Applied for zoning variances and ~eprasented clienis befora the Zoning Boml of Adjusiment. Superrised sitee compliance with environmental tests and other suit requirements. FRed as'ticles of incorporation, draf'~d by-laws, supervised board of disectors meetings. Drafted and negotiated employment agreements. Supervised nnd monitored charter schools' compliance with complex stnte law. 1993-1994 O~Donnell for Governor Campulgn Phil~lelphi~ PA D~ C~d~t M~g~r · Developed and ,,~l;-tsined a targeted, proactive daily schedule for gobemato~ial candida~, including briefing candidate directly on demRs sad key issues for ench event · Negotiated and dealt with all invitntions from news medis, individuals, otg~n;-~liom, sad campalgo staff . to meet the strategic goals of the c~mpalgo plan. ACHIEVEMENTS · Licemed to practice in Florida, Pennsyt~;, sad New Jersey. · Membe~ of Moot Court Honor Society. · Recipient of the Reuben E. Cohen Memorial Awml for achievement in ~;,g nmi land development · Recipient of the CALl award for highest grade in legal wsiting and teresrch. · Legal Writing and Resettch and Intm to Tgal Advocncy nomgons for ontstending onR advocacy. · Nationally published poet. T~L~I~HONE: (561) 274-7428 · FAX (561) 274-9728 E-MAIL: KWALL10~OLCOM 1050 BROOKS ~ DELRAY BEACH, FL 33483 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t)Te or print the follov~a~ information: 1. L~s[ i~me': " N~ne M. L Stanley Thomas H. 2. Home Address: City State Zip Code 29 N.E. 4th Avenue Delray Beach FL 33483 3. Legal Residence: City State Zip Code 932 Xokomo Key Lane Delrey Beach FL 33483 4. Principal Business Address: City State Zip Code 29 N.E. 4th Ave Delray Beach FL 33483 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: ! Fax: 561 266-5989 561 276-6363 tomstanley@bellso~.6nle~62-4111 561 276-8881 6. Are you a registered voter? If so, where are you registered? Yes 932 Kokomo Key Lane, Del:ay Beach, FL 33483 7. What Board(s) are you interested in serving? Please list in order of preference: Coarmun~tv Redevelopment A~enev. Plnnntn~ and ~.nntn~. RPRAR. 1)o~rntn~rn Dev. Auth. 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) None 9. Educational qualifications: B.A. Princeton University; J.D. Florida State University 10. List an}. related professional certifications and licenses which you hold: Hember of the Florida Bar, Real Estate Arty 11. Give your present, or most recent employer, and position: HacHillan & Stanley - Attorney 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) See Attached I hereby certify that all the above statements are true, and I sg~ee and understand that any misstatement of material facts co~e~ forfeiture upot~ my part of any appointment I may ~eceive. Note: This applica~on-fi'"'v~ r~ain on file in the C. iq' Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure the} a current application is on file. MacMillan & Stanley Thomas M. Stanley 1995-1999 1999-2002 Princeton University Florida State Univef~ty Princeton, NJ Tallahassee, FL 1997- Summer Law Clerk 1998 - Summer Law Clerk Beamy, Denney, Scarola, Bamhardt, and Shipley West Palm Beach, FL Office of the State Attomey West Palm Beach, FL 2002 Leon County Circuit Court Tallahassee, FL Judicial Clerk 2002 - Present Abomey Maddill~n & Stanley Delray Beach, FL Ilrofwa~k~nal Member of the Florida Bar; American Bar Association; Delray Beach Chamber of Commeme; Council of 100; Boca Raton Estate Planning Council; Palm Beach County Bar Association; Delray Beach Historical Society; Member of Real Property and Probate Section of the Florida Bar; Member of City, County, and Government Law Section of the Florida Bar; Member of Elder Law Bection of the Florida Bar I was bom in the Delrey Beach area and was a 1995 graduat~ of the Atlantic High School Intemational Baccalaureate Program. I have a vested interest in the growth of Defray Beach as a downtown landowner and businessman. I feel that my skills and knowledge as a real estate attorney and Delrey Beach native will bring added depth to many of the City of Delray Beach developmental and review boards. BOARD MEMBER APPLICATION 1993 2001 Ple~e type o~ p~'~t ~e follo~ 2. Home Address: A . St-re Zip Code 3. ~ Residence: ~ ~ S~ ~p ~e 4. P~d~ Bus~e~ Ad&ess: G~ S~te ~p ~e 5. Home Phone: Bu~ess Phone: E-~ Ad.ss: ~ Phone: F~: 6. ~e you a ~stered voter? If s9, where ~e yo~ ~e~s~red? ~, ~a[~pard(s~e you ~t~sted ~ ~ Pl~se ~st ~ order ~ preface: ' ~. Ust ~ Ci~ ~ds on ~ you ~e ~fly s~ ~ ~ve pr~ou~ semea: ~l~e ~dude &~s) 10. ~s{ ~y ~t~d p~f~ssio~ ~on~ ~d Ec~ses ~Hch you hold: SIGNA~ Note: This application will remMn on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It ~ be the applicant's re~pon,dbility to ~mm'~ ~t~a'~i~fion is on file. APR '2 5 2003 CITY CLERK Ronald W. Sullivan · 400 Sherwood Forest Drive Delray Beach, FL 33445-3872 Phone: 561-499-8114 April 22, 2003 City Clerk's Office City of Delra_.y Beach 100 N.W. 1"Avenue Delray Beach, FL 33444 Re: Board Member Application Dear Ms. Schell: Enclosed is my completed application for Board Member, City of Delray Beach. I am also attaching a copy of a recent resume with probably more information than you need. I have been a resident of Palm Beach County for almost 8 years but just moved to Delray Beach last year. Please let me know if you need additional information. Ronald W. Sullivan RONALD W. SULLIVAN 400 Shan~ood Forest Drive Delray Beach, FL 33445-3872 Phone: (561)499-8114 E-mail: mcsullivanOaol.com SUMMARY Landscape Architect / Land Planner with extensive background in teaching; in public practice; and in private practice in land planning, project management and computer applications to the planning and design process. EXPERIENCE Senior Planner (2/02 to present) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Senior Planner with the Zoning Division, Development Review Committee (DRC) Section. · One of two senior planners supervising the work of 4 planners, a zoning technician and 3 secretaries in the performance of their duties related to the DRC plan review process. · Share management responsibility of the DRC plan review process. · Continue to serve as County staff representative on Norfhlake Boulevard Corridor Task Force. Senior Planner (2/97 to 2/02) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Senior Planner with the Zoning Division, Board of Adjustmant/Concurrancy Section. · As head of the Concurrency Section, responsible for management of the concurrency review process and for su .pervision of a planner, zoning technician and secretary in the performance of their duties related to concurrency review. · Responsible for overseeing the on-call and reception functions for the Zoning Division including supervision of a planner and Receptionist. · Serve as County staff representative on Norfhlake Boulevard Corridor Task Force. Site Planner II (Mid 1995 to 2/97) Palm Beach County, Planning Zoning and Building Department, West Palm Beach, FL Project Manager/Site Planner with the Zoning Division, Development Review Committee. · Review land development plans, site plans and master plans for land development projects located within unincorporated Palm Beach County and work with applicants to bring these plans into conformance with Palm Beach County Unified Land Development Code requirements. · Assist applicants in the preparation of these plans for subrnission to the Developmant Review Committee for final site plan approval. · Review applications for building permits. Proiect Landscane Architect (6 months) Short term position with local lend development consulting firm working on preparation of proposals and on a variety of land development and subdivision projects. Landscape Architect / Prolect Maneaer (8 years) Associate / Studio Manaqer (4 years) Derck and Edson Associates, Utitz, PA Major landscape architecture, land planning and engineering firm in southeestem Pennsylvania with a staff of 16 Landscape Architects and 5 Civil Engineers. · Responsible for introduction of computers to the firm in 1987 and for selection, acquisition, Implementation and management of hardware/software systems for accounting, computer.aided design, engineering computations, project management and word processing. · As project manager, worked with clients, peers, other professionals and local end regional reviewing agencies in the planning, design, approval and implementation of a wide variety of projects. · As studio manager, guided and directed studio of 3 landscape architects, a civil engineer and a draftsperson in the planning, design and approval of subdivision and land development projects prepared using CADD. Associate Professor of Landscane Architecture Kansas State University, Manhattan, KS (9 years) Taught courses at both undergraduate and graduate levels in site planning, design and resource analysis. · As coordinator of the graduate program in landscape amhitectura for 4 years, administered the program, recruited and advised graduate students in one of the top accredited graduate programs in landscape amhitectura in the country. · Maintained a full program of consistently high caliber students during a period of generally decliniog enrollment at the university. Landscene Amhitect Consultant Bureau of Land Management (6 months) Three month executive appointments to Wyoming end Alaska state offices of federal land management agency. · Conducted a study of off-road vehicle use on public lends in conjunction with Landscape Architects and other professionals in the Wyoming State Office. · Worked with BLM Landscape Amhitects in Alaska to develop a methodology for visual resource inventory and enalysis of a 15 million acre resource area in northwastem Alaska. Resultant report used to modify the existing BLM manual section on Visual Resource Management. Landscene Amhitect I Park Plannpr Texas Parks and Wildlife Department, Austin, TX (6 years) Involved with all phases of resource-oriented perk plennlng and design through the agency that administers the historic end recreation parks in Texas. · Supervised planning professionals in preperation of 15 state perk mastar development plens for units of the Texas State Park System. · Helped develop a system of resource enalysis adopted by the Depertment for planning state perks and authored a booklet describing the process. · Coordinated a team that developed a etate perk aystem plan for Texas end procedures for implementation. Landscaoe Amhitect Roy H. Seifert and Associates, San Diego, CA (1 year) Small landscape architecture and land planning firm. · Design on a variety of projects ranging from county park master plans to site planning for a nuclear power plant to private residential landscape design. Naval Officer United States Navy (3 years) Served on two westem Pacific tours to Vietnam end was involved in the initial stages of the pull-out of troops from Vietnam. · AS Communloations Division officer, responsible for all communications on 10,000 ton amphibious ship in the western Pacific as well as the security of all top secret material, equipment and communications. Supervised 2 junior officers, 2 chief petty officera and 20 communications specialists. · Directed ship meneuvering (Command Duty officer) when entering end leaving port, replenishing at sea and during battle conditions. EDUCATION Master of Arts in ~oclology, Kens~s State University Master of Science In Community end Regional Planning, University of Texas (Austin) Bachelor of Science in Landscape Architecture, Iowa State University PROFESSIONAL Registered Landscape Architect, Current #1598, State of Florida Registered Landscape Architect, Current #501, State of Texas (Uniform National Exam) National Certification by CLARB #616, Current Member, American Society of Landscape Architects f~023973 Past Rel~istered Landscape Architect, State of Pennsylvania (9 years) Past Registered Landscape Architect, State of Kansas (9 years) H:\W PDATA~P ROF~LATESTms.doc 10. J./sz ~y re. hEed APR 1 7 2003 OlTY CLERK Troy D. Wheat ~'-mall ~mDk)tt Licenses My objective is to conl~nu~ following the guidelines already In place in Delray Beach. and help assist in the fu~her development and growth of our city. · A~sist In ~e development and Imp,'ementation of financial plans for bo~ mi*all and ir~titutional clients. 1989 - 1992 Palm Beach Community College 1992-1996 University of South Florida Florida Tampa. Florida Series 3 - Commndi~s Series 7- Stocks. Bonds, and Options Serie~ 63 - Bluesky License Series 65 - Investment Advisors Bethasda Com~g01tv. J:tla~o~ta (larn.am c:,..,..,...^ ,-,.__:,. ...... Carver E:~tates Youlh Program (Executive Committee, Fundraising Chairman. C.-olf Tournament Co-Chair) Palm ~ County Golf Association ~o~mament Committee. Fo,'mer Executive Committee) Delmy Beech Commu~-t-y C~"~'ld Cam Center Life Experience Scholarship golfer at Palm Beach Community, and University of South Florida Nationally ranked amateur golfer 1993 Four Time U.S. Amateur Contestant U.S. Mid-Amateur Contestant 1999 Delray City Champion. 2000 Palm Beach Mid-Amateur Champion, 2002 Runner-up Palm Beach County Amateur. Runner-up 2003 Di~e Amateur Championship and numerous other national, state, and local events TO: FROM: SUBJECT: MEMORANDUM MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # "~ ~' - REGULAR MEETING OF JUNE 17. 2003 APPOINTMENTS TO THE EDUCATION BOARD DATE: JUNE 13, 2003 The terms for Greta Britt, Marlene Brown, Jayne King, Frances "Betty" Owen, Sharron Ronco and Sheldon Well vail all expire July 31, 2003. Greta Britt and Sheldon WeLl have fulfilled two terms and are not eligible for reappointment. Marlene Brown, Jayne King, Frances "Betty" Owen, and Sharron Ronco have fulfilled one full term, are eligible and would like to be considered for reappc/mtment. The term would be for two years ending July 31, 2005. Members of the Education Board must be a resident of the City, own property, own or operate a bu(mess within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following have submitted applications and would like to be considered for appointment. Marlene Brown Gerry Franciosa Philip Friedman Suzanne Katz Jayne King Peggy Murphy Ilse Nathan Frances "Betty" Owen Sharron Ronco Kathleen Schoenberg Lisa Shaheen Sidney Snyder Troy Wheat Business-Travel Agency (incumbent) Federal Law Enforcement (retired) Realtor/Financial Adolescent Intervention Specialist Educator (incumbent) Event Coordinator Executive Director-Children's Academy Educator (incumbent) Educator (incumbent) Attorney (also applying for CRA and DDA) Marketing Public Relations Financial (also applying for CRA and DDA) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Archer (Seat #2), Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Perlman (Seat #5), Commissioner Costin (Seat gl) and Commissioner Archer (Seat #2-a second appointment) for two year terms ending July 31, 2005. Recommend appo'mtment of six (6) regular members to the Education Board for a term ending july 31, 2005. City of Delray Beach City Clerk's Office MEMORANDUM TO: FRO/~ SUBJECT: DATE: Commissioner Costin Commissioner Archer Commissioner Levinson Commissioner McCarthy Ma~edman K~tT~'chell, Executive Assistant/Board Liaison EDUGATION BOARD APPOINTMENTS June 6, 2003 The terms for Greta Britt, Marlene Brown, Jayne King, Frances "Betty~ Owen, Sharron Ronco and Sheldon Wei] will all expire July 31, 2003. Greta Britt and Sheldon Weil have fulfilled two terms and are not eligible for reappointment. Marlene Brown, Jayne King, Frances "Bet~' Owen, and Sharron Ronco have fulfilled one full term, are eligible and would llke to be considered for reappointment. The term would be for two years ending July 31, 2005. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following have submitted applications and would like to be considered for appointment. Marlene Brown Philip Friedman Suzanne Katz Jayne King Peggy Murphy Ilse Nathan Frances "Betty" Owen Sharron Ronco Kathleen Schoenberg Lisa Shaheen Sidney Snyder Troy Wheat Business-Travel Agency (incumbent) Realtor/Financial Adolescent Intervention Specialist Educator (incumbent) Event Coordinator Executive Director-(]51dren's Academy Educator (incumbent) Educator (incumbent) Attorney (also applying for CRA and DDA) Marketing Public Rehdons Financial (also applying for CRA and DDA) Pursuant to Commission direction, a check for code viohtious and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Archer (Seat # 2), Commissioner Levinson (Seat # 3), Commissioner McCarthy (Seat # 4), Mayor Perlman (Seat # 51, and Commissioner Archer (Seat # 2-a second appointment) for a two year term ending July 31, 2005. Ca~t~n ~°,~-~/) The appointments are scheduled for City Commission meeting June 17, 2003. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pl~se ~ or prim the £ollo~ir~ information: ! 2. Home Address: City State Zip Co,cle~ b ~'cs ~ /~ A a L e-/- ~ ~ . ~)~-/7~A y /ac/-/. F~_ . 3. Legal Resi&nce: City State Zip Code ~q~_~ 4. Pgncipal Business Address: i City State Zip Code 5. i-lome Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? ~:/~/-~5 If so, where ~re you registered? ,-~ .... 7. Whl~ Board (s) ~re you in~¢res~ed in serving? Pl~s~ lis~ in order of preference: 8. List all Ciq' Boards on which you ire currently serving or have previously served: (Please include dates) 10. List any related professional cerd£cafions and licenses which you hold: 11. Give your present, or most £ec~nt ~mployer, and position: 12. Describe expegences, skills or knowledg~ which qusli~ ~ou to serve on this bosa]: (Pl~se stmch s brief resume) I hereby certify, that all the above ststements sre true, sad I sgree sad understsad thst ~ny misststement of material facts contained in this applicstion may csuse forfeiture upon my pm of any appointment I rosy ~eceive. SIGNATURE DATE Note: This application will remsun on file in the City Clerk's Office fq~~Ll~from the date it was submitted. It v411 be the applicant's responsibility to ensure: tha~s~m_.sl~ff ~p'pfi~on is on file. /~-ZS~H~ ~-° ~'~ ~g JUN 0 5 2003 .,=.,,~..o,, CiTY CLERK FR'OH : GEI~-SI:tll F~i,,i ltO. : 56126607-16 3'un. 10 2~03 09:44PH P1 06/10'03 'I'I~E 1!:09 F.~,.i 56! 243 37?4 CII'¥ CLERK ~:~,u;. ©ITY OF DELRAY BEACH BOARD MEMBER APPLIGATION RECEIVED JUN 1 1 2003 CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~e or pgnt the followi~ information: ,, , n M.I. State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Bu.~iness Phone: E-Mail Addr*s*: ~ Phone: Fax: 6. Are you a registered voters . __ If so, whereaxe ~ou re~isteaext? -- .w~at Bqard(s) are y~interes~ed in sen4~. Please list in or, der of preference( / 8. List all Cit3. Boards on which yoff°are currently serving or have previously served: (Please include dates) 10. List may ~elated professional certifications ~nd licenses which you hold: · av~y p s~nt, o~ m~.st recent emp½oyer~_.~a posi~ipn: . /h"'~ , .~ ,~ ~ -- /15 56o/~ :s .pplJc.tion will rem,'un on 61e in the City CJezk's Off6ce f'or .p~=_.~,~._erl~ffoff~._.v~.~. ~om the d.te it w.s submitted. It ~ be the ~pplic~nt's ~espon~ib~ty ~o e~t=e t~{~{~l{g~d{~{ ~{~zm~m~on is on ~de. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: 2. Home Address: ' State Zip Code 3. Legal Residence: City ] State Zip Code l-/It~l' .<a-h~ Lxa.g Ca~l~ 13e. lr'ax.,l ~ea~ FL 4. Principal Business Address: City I State Zip Code IG ne 5. Home Phone: Business Phone: l~-Mai] Address: Cell ?hone: ~x: 6. Are you: registered voter?~.~~(~ , . If so, where are you registered? Tl~.10 What Board (s) are you interesteu bn serving. Please list in order of preference: 8. List all Cit3' Boards on xvhich you are currendy serving or have previously served: (Please include dates) 9. Educational qualii~cations: 10. List an), related p~o£essional ce~6cafions and licen~s ~hich you hold: H. Giv. e your present, or most recen~ emRloyer, and position: :61' · ciq _~.;.. q~_s .erib. e. vxperi .ences, sl,ails, or im.o?l,~dge ~,l]i_ch,q~: ' t'y you to .serve on this board: ~'lease.amcl~ brief n:sume) ! he&by c~?ify, that ~ the above satements ~re ttu~, ~nd I 'agree end'~a~,t~a th:t ,~y ~sm:ment of con~amed m t~s applicanon may cause forfeiture upon my pan of any appointment I may receive. Note: This application will remain on file in the City Clerk's Of-rice for a period.~of,~e~aj~r~;~ the date it was submitted. It will be the applicant's responsibility to ensure that a ~~m[i~on file. MAY 0 2 2003 CITY CLERK SUZANNE KATZ, Psy. D. 1765 Satin Leaf Court Delmy Beach, Florida 33445 561-865-2000 sshaker34~hotmail.com EDUCA~ON 8/95 - 3/01 Un/versitv of Denver. Graduate School of Professional Psychology Denver, CO Psy. D. - Clinical Psychology 9/87 - 6/91 UnionColle~ Schen~tady, NY B.S.-P~chology EXPERIENCE 2/01- 10/01 Mental Health Center of Boulder County Boulder, CO Adolescent Intervention Special*st Provided individual and group therapy and crisis intervention to adolescents m an alternative high school setting. Consulted with teachers, administrators and family members regarding students' academic and psychological functioning. 8/99 - 8/0O Utah State University. Counseling Center Logan. UT Pre-doetorai Psychology Intern Provided individual and group co-n~eling. Trained and supervised undergraduate peer counselors and psychology doctoral students. Performed psycho-educational assessments for and consulted with the University DisabiliF Resource Center. Co-led pt~-ticam seminar class. Conducted presentations for various campus offices and departments. 1/96- 8/99 University of Denver. Professional Psychology Center Denver, CO Psychology Trainee Provided long and short-term individual and group counseling. Performed intake evaluations and provided comprehensive diagnostic reports. 5/98 8/99 Adams County Demxtment of ~ocial Services (ACDSSI Denver, CO Psychology Trainee Conducted comprehensive psychological assessments and intemctional evaluations. Provided ACDSS with diagnostic reports, recommendations and consultation to social work. s. 3/97 - 8/99 The Children's Hosoiial. Child and Adolescent Psychiatric Inmtient Units Denver, CO Mental Health Counselor Administered behavioral ~ent programs, implemented uearunent plans and documented patient progress. Led therapeutic group activities. 10/97 - 8/98 Denver Health and Medical Center, Outpatient Behavioral Health Services Denver, CO Psychology Trainee Conducted individual counseling and co-led a relapse prevention group. 9/96 - 8/97 Division of Youth Corrections. Mount View and Marvin F0ote Detention Centers Denver, CO Psychology Trainee Provided short and long- term individual counseling to incarcerated adolescents. Conducted clinical interviews and substance use evaluations and provided drug and alcohol assessment reports. Provided consultation to corrections stalE. 9/95 - 8/96 University of Colorado Health Sciences Center, Addiction & Research Treatment Services. Synergy Day Treatment Denver, CO Psychology Trainee Performed psychiatric and substance use assessments and provided comprehensive diagnostic repons. References Pamela I-Iaglund, Psy. D. Psychologist University of Denver 303-756-5464 David Bush, Ph.D. Psychologist Utah State University 435-797-1012 William Blick Principal Olde Columbine High School 303-772-3333 ' - '~ ~' 8-2 11/14/1991 21:11 5E, 1 E, o7588- KIH,~ MILHER PA,~E Till 11:3~ I.':~i 561 243 3774 '199~ 200~ CITY OF DBU~Y BEACH BOARD MEMBEr APPLICATION Plc~se ~,R~h¢ fi~llowin~ infocm~don: ~. ~c'all C,:~ B¢,ard~ .:,,, ,,'b ch y r¢ cuti~fly se~g or h;vc pr~usly scn4d: ~l~ase m}l~de a~ -' ' cause forfeiture upon my part ofa~ ~Jn~onr I may r~c. NOV - 4 2002 CITY CLERK Jun OS 03 02:56p Old School Square ,,u~,,a, uo ILI~ U~:48 FAX 581 243 3774 CITy CLERK 561-243-?01G BOARD MEMBER APPLICATION Boards on v.'hich : (PZease include i Uon~J quabficadons: 10. List ~.ny tehzcd profcssJonaJ certi~cafions ~.nd licenses which Give ~ ~n dus cause forfei~ze upon my p~-t of ~y ~ppoimment ! may receive. Note: "r~s a. pplJcafion ~ on f, lc in the Cily Clerk's Of'rice f~r a. years Exam the da.tn ~t subnuued. It will be the a.ppLicant's tesponsibltity Io ensure that a. current a.pplica.~ion is on gle. RECEIVED JUN fl 5 2003 CITY CLERK 1993 200~ ILS~ ¢I~¥ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION City~__ , Fax: .M.I. I Zip Code 5, 1.:~, aL ,_iv }~oard, 'an wkizh x:~u a$~ max'ccn'.ly [c~.i.ng ur have pzeviously ~er,'ed: ('Plea~ include ~'~t¢0 ' ! 2. D:,c~' :,e cxp:nenee.% al~ls ut kner~.lcdgc ,..~hicb qu~lJ~y you to sen'vt ua ~ board: (Pl~$e attach a brief r~sgme) may czu~¢ /otf~ upon my p~ of~y ~ppom~t / / ~ r~ ~ f~e ~ ~'Ci~ Clerk% Office foz REOEIVED JAN .1 6 2002 ~_.,~RK l-lu~ Colleb'e, N~w York, NY; po~sraau~¢ C~t~r Id~l H~O, N~w York, ~r School of Pr~cgc~! Nursing, NY; I~,-~ for Rmio~ll E~m ll~ lV~ Educ~ BA. French Clhic~ Com~lo~ Cmitc~e l~sic Cer~c~t~ 1974 to present 1974 to 1996 Priv~le Praciice. Co~msdi~ ~ Psychotherapy htde..pend~t Consultalio~ C~nter, Bronx. NY Bi-lin~u~ Counsdor/Psyschothmrapisi (Spanish/French) 197810 1989 ES.~X CoI]e~'~ Of]~a~alne,-~, l~lewal~ ~ Dir~tor, Dir~:~or Student S~vices sad Special Pro,rams. Dir~--mrBi-li~ual Pro.'am. Curriculum Devalopmeut. Director Admi.ssm' n, PLsr. ement, mad Fiaaacial ~ GED 1983 to 1987 Temaily Adult F, ducatio~ T,m~fly, blJ l.,~-mr~s. Wo~sl~m. Parm~ Fxlucalion, 1988to~ The Children's Academy. l~lewsrk, HI Foonder, Trustee, Ex~,~6~e Director }991 {o [99~2 Ess~ Co~mty Colletle, Newark. NJ Adjuncl Professor, Women's Center CERTI~CATION$ AND LICENSES: New York/New I~s~y State of'Maryland Nstional Bo~d ofC~tified Cou~dors A~temy Clkfic.~l MH Coua.~to~s l~w ~erse.v M.E MBERSI:IIEr'5: New Jersey Miff Counszlors Association ,~mefic~n MH Coum~elors Association Ix*ew Jersey Prof~on~ Cou~ors' Natio~ A~fion Soci~ WoOers Natiort~ E&mafion tbr Yo~g C~dren New lesey .~mation for Ofl~ Founder, lh~id~nt, Chmir Nomination/Elections, I~'4islative Regional C~or, R~o~ ~pr~tai~e ~o Bo~d Ex~ut~ B~ ~a~e Co~n~ M~s~p, F~r~n~ ~o~ Eduction Mem~ Who' s Who of AJnerlcan Wome~ ~'no ~ x3,3:~o in the East Im~ ~.~t;onal L~ders of the World .~oxeD, Disord~s ~socimion New Yersey Prc'.fe.~ sional Ke~ National ~afion ~ci~ Work, s ,)THER I~-TERE$'Ir~: Fi~er. Z 5vanish, French, German, some Italian. Gr~nt writing. Traveling extensively in Europe and SouLh Amec;¢a. Working with di~advantal?,*d minorities. P~eferer~ces upon reque~st. ' AU-An,mira City CItY £LE~K CITY OF DELRAY BEACH BOARD MEMBER APPLICATION ' ' .... i Zip ' 5. L.g~l :,* .... n,.. City t L ~Am~' _ ........... 1 JUL 2 3 2001 /, Mayc_27. cO~.3 07:42A fau i e a 5612972590 BOARD MEMBER APPLICATION 2001 P.02 infmmmdon: 4. P~p~ Bu~ess Address: ~ S~te ~p C~c 77 7 ~Z ~r2¢-7 ~ 5. Hom~ Phone: Business Phone: E-~ ~ss: ~ Pho~: 1f so, ~bere ~ you 7. ~a[ Boud(s) see you tnccrcsted m ~ P~ ~t ~ o~er ofpmfe~cc: ~C.~-/~ ! 8. ~sr ~ ~ B~rds on which you am ~enfl3' s~ m bye p~ ~ed: ~hse ~e dates) 9. Educa~o~ ~A~ficadons: 10. ~st ~y tchrcd p~fessiond cemfica~ons ~d hccn~s w~ch you hold: i I. G~c your prcscn~ or most recent employer, ~d ~i~on: ~_ ~JT,'J/~ 5~NA~ DA~ Nora: This mppllcsrion ~ rems,m on file in the ~ Clerk"s OOice For · De. dod of 2 )~.~rs ~rom t~e dstc it w~s submincd. It ~ be thc applicnnt's r~si~nsibill RECEIVED MAY 2 7 2003 CITY CLERK SHARRON L RONCO 2740 N. Clearbrook Circle Deiray Beach, FL 33445 Res. (561) 274-3553 Oft. (561) 297-2665 sroneo~fau.edu EDUCATION Ph.D. 1987 University of North Texas Denton, TX Major: Educational Research & Statistics Minor: Computer Science Dissertation: Computation and Cumulation of Effect Sizes in Meta-Analysis M.S. 1976 University of Wisconsin-Milwaukee Major: Curriculum and Instruction B.A. 1972 Marquette University Majors: Spanish and Secondazy Education EXPERIL:~CE FLORIDA ATLANTIC UNIVERSITY Assistant Provost Office of Institutional Effectiveness and Analysis Boca Raton, FL 1997 to present · Manage thc reporting function of the University;, collecting, analyzing, interpreting and disseminating information to support institutional planning, policy formulation and decision- making. · Publish Fact Book, Quick Facts Brochure, Retention Data, Productivity Analysis, and other regular data reports. · Conduct studies on enrollment trends, student retention and progression, needs analysis, and other institutional research as needed. · Dcsign, conduct and analyze data from surveys of students and faculty. · Support academic and nonacademic units in assessing their effectiveness. · Co-chair Self-Study for RcaflSrmation of Accreditation from SACS UNIVERSITY OF TEXAS AT EL PASO Director, Office of Institutional Studies El Paso, Texas 1990 to 1997 Renortinlz · Prepared regular internal reports on student majors, semester credit hours, faculty workloads and grade distribution. · Completed reports on students, classes, faculty course and facilities inventories, degrees conferred, end of semester enrollments and academic skills pwgram tracking to the Texas Higher Education Coordinating Board. · Published 165-page Fact Book annually. · Responded to questionnaires, answered requests for information. · Reported on performance measures to the UT-System and State of Texas. · Provided detailed retention and graduation data to departments and colleges. · Supplied information and data for strategic planning; set target performance indicators and evaluated against actual performance and external benchmarks. Sharron L. Ronco - page 2 Provided regular feedback to high schools and commlillity college on thc performance of their students at the University. Maintained institutional databases to include historical data on students, courses, faculty, facilities, and financial aid using data extracted from the Student Information System and gathered on surveys. ~uFveys Developed and administered survey instrument~, managed data collection, analyzed, interpreted and disseminated results for: · Entering students · Enrolled students (College Experiences Survey) · Exiting and non-returning students · Graduating scniors · Faculty Studies · Effect of high school come-taking patterns on college achievement. · Patterns and correlates of stopout behavior. · Comparison of college math achievement of students transferring freshman-level math courses from the community college, with that of ~native' students. · Impact of employment and semester credit hours attempted on first-sem~ter GPA. · Outcomes of course-based remediation in math and English. · Faculty perceptions of the importance of research vs. undergraduate teaching. · Characteristics and performance of transfer students. · Predictability of SAT and high school rank on freshman GPA. · Campus space utilization. · Application of Alexander Astin's input variable retention formula to data on incoming students. · Studies of faculty salaries for gender equity, internal comparability, compression and competitiveness. · Progression on fu'st-time freshmen and ~r~asfer students from University of Texas component institutions through Texas public higher education, using the statewide data base. EXPERIENCE - CO~ ~LF. GE TEACHING PSYC 3104 (Research Methods and Statist/cs) 1992- 1997. The section was offered pr/madly for UTEP bachelor's degree-seeking nursing students who were working full-time at area hospitals and unable to take the daytime UTEP course. It was an introductory undergraduate course covering descriptive and inferential statistics up through two-factor ANOVA. Students used a version of SYSTAT to analyze data that they collected via surveys. Sharron L. Ronco - page 3 U.S. Department of Education, Office for Civil Rights, Postsecondary Education Division Dallas, Texas 1977-1990 During my 12 years with the Department of Education. I work~! as an investigator, technical assistant (1977-1985) and branch chief(1986-1990): · Investigated complaints and conducted compliance reviews in colleges and universities; prepared investigative plans, conductod on-site visits, wrote x~-por~ and letters of findings, negotiated compliance. Made presentations of fivdlnSS to governing boards, parent and student groups, comm~mity and Sl~Cial inter~t groups, the media. · Monitored and evaluated Oklsboma and Texas State System of Higher Education desegregation plans, pursuant to a Federal disirict court order. Visited inslitufions to gather data on student enrollment and retention, faculty and staff employment, in order to evaluate States' progress under the order. Performed trend analysis of statewide elxl~ollment patterns; compared workforce composition to appropriate labor market availability data; designed formats for interviews and data collection, set up spre~,t~heets to analyze effectiveness of measures. Responsible for supervising the work of four investigators and one clerk. Assigned investigators to cases, trained them in techniques for monitoring, secured resources for reviews; coordinated schedules and arranged workloads to allow deadlines to be met; established performance standards and evaluated staff; conducted Waining for staff in methods of data analysis. Other Employment Wisconsin State Department of Industry, Labor and Human Relations (1975-77) Employment counselor, advocate for migrant workers S.E.R. Jobs for Progress (1974-75) Coordinator for English a~ a Second Language programs, teacher. Madrid and Barcelona, Spain (1970-73) Language instructor, translator/interpreter. Special Skills Mainframe and PC SAS, SPSS-X PC-based database, spreadsheet and word processing soitware Bilingual (Spanish). Professional memberships Association for Institutional Research (AIR) 1991 - present Presenter:. 1992, 1994, 1995, 1996, 1997, 1999, 2000 Member: AIR Fonun Publications Advisory Committee, 1996 - present Texas Association for Institutional Research (TAIR) 1991-1997 Presenter: 1992, 1993, 1995, 1996 Program Committee: 1993, 1994, 1995, 1996 Sha~ron L. Ronco - page 4 Southern Association for Institutional Research (SAlR) 1997 - present Presenter: 1997, 1998, 1999 Program Committeo: 1998 American Educational Research Association (AERA) 1983 - present Other Professional Activities Peer reviewer for NASA: Evaluate and score proposals for funding of math, science and engineering programs, 1995 and 1996. Evaluation Committee Chair for the Quality Education for Minorities (QEIVo Network, Washington, D.C., 1992-1994. Evaluation Task Force Member for the University of T~xas System Alliance for Minority Participation (AlVa), 1993 - 1997. Research delegate to the NSF-funded Recruilment and Retention Pwject for Math and Science, with 12 participating institutions, 1992 - 1996. RECENT PAPERS & PRESENTATIONS Finding the 'Start Line' with an institutional effectiveness inventory (with Stephanie Brown). Paper presented at the 2000 Annual Forum of the Association for Institutional Research, Cincinnati, OH. How important is residential living to college success on a predominantly commuter campus? Presentation at the 1999 Southern Association for Institutional Research Conference, Chattanooga, TN. Deconstructing the student assessment ofinslruction instrument: Some psychometric issues. Paper presented at the 1998 Southern Association for Institutional Research Conference, Savannah, GA, and at the 1999 Annual Forum ofthe Association for Institutional Research, Seattle, WA. Advanced Data Analysis. Half-day workshop presented at the Texas Association for Institutional Research Ann~al Conference, February 1997, South Padre Island, TX. Topics covered included descriptive statistics, significance testing, ANOVA, logistic regression, survival analysis and cluster analysis. Using high school transcript analysis to understand college outcomes. ('May, 1996). Paper presented at the Annual Forum of the Association for Institutional Research, Albuquerque, NM. How enrollment ends: Analyzing the correlates of student graduation, transfer and dropout with competing risks model. (May, 1995). Paper presented at the Annual Forum of the Association for Institutional Research, Boston, MA. Published in the AIR Professional File, Summer, 1996. Sharwn L. Ronco - page 5 Obtaining student feedback: Some practical advice for survey researchers. (February, 1995). Paper presented at the Annual Conference of the Texas Association for Institutional Research, San Antonio, TX. Meandering way:. Studying student stopout with survival analysis. (May, 1994). Paper presented at the ~,nn~al Forum of the Association for hl,qtitutional Reseaxch, lqew Great expectations: What we've learned form students entering college. (October, 1993). Paper presented at the annual meeting of the Rocky Mountain Education Research Association, Las Cruces, NM. Getting started with survival analysis: An application to retention data. (February, 1993). Best regional raver, Texas ~iation for Inatitutional Research annual meeting, College Station, TX. Outcomes of course-based remediation 1989-1991. (November, 1992). Paper presented at the Conference on Academic Support Programs, Fort Worth, TX. Enhancing academic success: A bilingual freshman year. (May, 1992). Paper presented at the Annual Forum of the Association for Institutional Research, Atlanta, GA. Retention rates: The search for meaning. (February, 1992). Paper presented at the Texas Association for Institutional Research annual meeting, Galveston, TX. 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION , ,Please type or prim the followinR ~forrmdon: SCHOENBERG KATHLEEN W 2. Home Address: C.i~' State Zip Code 1050 BROOKS LANE DELRAY BEACH FL 33483 3. Legal Residence: City State Zip Code 1050 BROOKS LANE DELRAY BEACH FL 33483 4. Principal Business Address'. City State Z:P Code 110 S.E. 8TH STREET FORT LAUDERDALE FL 33301 '~. Home Phone: Business Phone: E-Mail Ad&ess: Cell Phone: Fax: 561-274-7428'"' ' "~" '~'"~~/~ KATHLEENeSEALICEMANOR*COM 561-350-3343 561 '274-9728 6. Are you a registered voter? If so, where are you registered? YES FLORIDA 7. \X]aat Board(s) are you interested in serving? Pt~se list in order of preference: 1.Education, 2. Downtown Development Authority, 3. Community Redevelopment A~lency, 4. Plannin,9 & Zonin~ 8. Lis~ 311 Cin,' Boards on which you are c~rendy sen-in8 or h~ve previously sera'ed: (Please include dates) NONE 9. EducaUonal quabfications: Rut~ers Universityv B.A, 1992, Temple University, J.D., 1998 10. Last any related professional cemfications and licenses which you hold: MEMBER, FLORIDA BAR, PENNSYLVANIA BAR AND NEW JERSEY BAR (INACTIVE) 11. Give your present, or most recent employer, and position: TR!PP~. ATTOrnEY ~C~gNSEL FGA G; ;A,i;:;; SCi ~CCLb-'~o$A~ ~mGT~ 12. Describe experiences, skills or knowledge which qualif3' you to serve on this boaxd: (Please attach a brief resume) My law practice focuses exclusively on charter schools and real estate. Please see my attached resume. I hereby cerdf3' that xll thc above statements ~ae uae, and I agree and undrxstand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment ! may receive. SIdN~-~TU R,E ~ DATE Note: This application will remain on file in the City Clerk's Office for s period of 2 years from the date it was submitted. It v-ill be the applicant's responsibili~- to ensure that a current application is on ~le. HAY 2:2 2002 Kathllen form.max CITY CLERK KATHLEEN W. SCHOENBERG, ESQUIRE EDUCATION Temple Univeraity School of Law fiD., cum laude, M~, 1998 · Top 10% of doss; Deln's List evev~ ~meater Philadelphia, PA Douglma College, Rutge~ University B..xt. Co~rdration, bigb honors, M~ 1992 PROFESSIONAL EXPERIENCE New Brunswick, NJ May 2000 - present Tripp Sco~t, P.A. Fort Lauderclale, FL Co~orat~ .4~r~ff · Serve as in-house counsel for an education management organization, one of firm's largest clients. · Draft and negotiate a variety of contracts (including development and management agreements, real property and equipment leases, service contracts, and employment and consulting agreements) with municipalities, non-profit corporations and private organizations and persons. · Advise client on employment issues, such as termlnagon, employee stock option plans, and compliance with applicable laws. · Advise client on all matters affecting coq:~orate parent, fifteen subsidiaries and ten non-profit foundations. · Advise client on plonnl,g and zoning issues regaxding school facilities. · Supervise compliance with local, state and federal laws. 1996 - 1999 Robert O'Donnell, Esq., Former Speaker PA House Philadelphia, PA La~, Ckrk/Attorn~y · Drafted and negotiated commercial real estate leases. · Applied for zoning variances and represented clients before the Zoning Board of Adjuslmenc · Supervised site compliance with environmental tests and other state requirements. · l~ded articles of incorporagon, drafted by-laws, supervised board of directors mee6ng~. · Drafted and negotiated employment agreements. · Supe~rised and monitored charter schools' compliance with complex state law. 1993-1994 O'Donnell for Governor Campaign Philadelphia, PA D~s~ Car,~aign Manager · Developed and m~ineained a targeted, proactive daily schedule for gobematorlal candidate, inducting briefing candidate direcdy on details and key issues for each event · Negodated and dealt with all invitations from news media, individuals, o~vanizagons, and campaign staff to meet the strategic goals of the campaign plan. ACHIEVEMENTS · Licensed to prac6ce in Florida, Pennsylvania and New Jersey. · Member of Moot Court Honor Society. · . Recipient of the Reuben E. Cohen Memorial Awani for achievement in zoning and land development. · Recipient of the CALl award for highest grade in legal writing and researc.~ · Legal Writing and Research and Intro to Trial Advocacy notations for outstanding oral advocacy. · Nationally published poet. TELEPHONE: (561) 274-7428 · FAX (561) 274-9728 E-MAIL: KWALL10(~AOL.COM 1050 BROOKS LANE DELRAY BEACH, FL 33483 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the £ollowin~ information: 2. Home Adckess: City State Zip Code 3. Legal Residence:City O State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: h. Arex}~.~ registered voter? If so, wF/ere axe you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: 8. List all City Boards on which you are currently senring or have previously served: (Please include dates) 9. Educational q-~lificafions: 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and position: 12. Describe experiences, skills or Imowledge which qualify you to serve on this board: (Please attach a btief resume) I hereby certify that all the above statements ~re true, and I agree and understand that any lllisstatfffflellt of material facts eonmin~.m~dy this application may muse forfeiture upon my part of any appointment~/] ¥ / 0~xI may receive. SI6NA1;URE D.~TE t Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was CITY CLERK LISA SHA~.EN 3415 Lakeview Blvd. Delray Beach, FL 33445 (561) 865-4415 PUBLIC RELATIONS AND MARKETING PROFESSIONAL Results-orientated public relations and marketing professional with more than 16 years direct agency experience coupled with an eight year background in sales, marketing, staffdevelopment, sales training and budget management. A creative self-starter with the skills to effectively implement comprehensive marketing plans, manage special events for both the public and private sector, establish product awareness and consistently achieve client's desired results. PROFESSIONAL EXPERIENCE Shaheen Marketing Group, Delray Beach, FL - Owner - 7/95 - Present Shaheen Marketing Group provides comprehensive marketing and public relations consultation to a diverse client base. Services the agency provides includes: marketing strategy and concepts, internal and external public relations, media relations, special event promotion, copywriting and crisis management. Every client's marketing/public relations program is customiz~l to suit their specific needs and each creative campaign is carefully designed to reach target markets. Rubia Barney & Birger, Miami, FL - Account Supervisor 11/94 - 7/95 Maneged publicity campaigns for national and regional accoonts with combined annual billings totaling $500,000. Kreps & Adams, Miami, FL - Account Supervisor 11/91 -11/94 Managed accounts with annual billings totaling $200,000 and contributed creative input to several other house accounts. Ability to manage multi-faceted budgets for special events as well as coordinate details and gain media exposure. Responsible for generating new business and proposal writing J. Berg Creative Group, Miami, FL - Account Executive 6/90- 11/91 Managed house accounts while consistently developing new business leads. Assistant publisher and writer for l.t,_~l lirief~ Designed comprehensive advertising and public relations campaigns for Hispanic market. Extensive sports marketing experience. American Bankers Insurance Group, Miami, FL - Research Analyst 8/89-6/90 Researched new product ideas from a financial, marketing and operational standpoint. Assisted in product pricing with actuarial department. Conducted marketing research. BDO Seidman, Boston, MA - Marketing Director 9/88 - 5/89 Designed and facilitated marketing programs for three branch offices. Coordinated trade shows, designed promotional materials and managed public relatians campaign. Brncado Communications, Boston, MA - Jr. Account Executive 11/87-9/88 Developed press releases, promotional litesature, promotional letters and direct mail campaigns. Add-On Data, Boston, MA - Vice President Marketing hies Manager 1981-87 NCR Corporation, Hartford, CT - Sales Representative 8/85-11/86 COMMUNITY LEADERSHIP Lakeview Civic Association, President 2003 Board of Directors, Public Relations Chairperson, New Direstions-Ameriean Cancer Society, 1993 - 1998 Miami Centennial '96, Co-Chair Public Relations Committee, 1995. Co-Chairperson, Community Recognition Program Committee of the Greater Miami Chamber of Commerce American Marketing Association, Board Member 1989-1993 - V.P. Commanieations 1993 Leadership Miami, Class of 1993 EDUCATION Providence College - B.S. Business Administration/Accounting - 1985 Lisa Shaheen 3415 Lakeview Blvd. Delray Beach, FL 33445 (661) 637-5776 May 14, 2003 Dear Review Committee: Please accept my application for a position on the Delray Beach Education Board. My husband and I moved to Delray Beach two years ago and we love this community. We are currently attending the Resident's Academy and have learned a great deal about the city and its leaders. We will soon be traveling to China to bring our eight-month-old daughter home, and although it will be several years before she is ready for school, I want to learn more about our school system and make a contribution. I have been a member of many boards, contributing both my time and skills. I currently serve as president of the Lakeview Civic Association and I have served on various other committees where I donated my marketing and media relations expertise. Ilookforwardtoservingwith you. Regards, Lisa Shaheen RECEIVED MAY I 200] CITY CLERK paLP. AY I~CH CITY OF BOARD ME 1993 2001 P[casc t'L, pe ot p~,t thc ~llovin~ mfom~at~on: 3. Le~ Re~den~: 5. Home Phone: { Business Phone: 8. ~$t all Ci? Bo=ds on ,,v~ch you we cu~ently se'~ or 11. Give your prescst, ot most recent employe~, and pos I h~cby c~h~t ~ ~e abov~ ~ta~e~u ~ ~, a~d I ,~ DELRAY BEACH ~IIBER APPLICATION i Nime ~ '0 W#',7' City State Zip Code State } Zip Code State Zap Code A&ess; CeO Phone: Fax: so,y/here am you reei~tctccl? ~zder of prefexence: ~ave p~vioudy served: (Please include you hold: Note: This application will xcmain on file in the City Glo k's O{Rcc for · period of 2 yeazs from the clare itwa$ submitted. It ,aill be the ~pplicant's ter~ondbility :o egsm'~ that ~ cgtt~nt applicarioJ} fl ~n~'~. ~001 ' ~ -' - CITY CLERK Oct 19 O! 08:28& RDELPHIR BOCR 5S! 4?9 244S p.3 Sidney Snyder Community Relations Coordinator August 1, 2001 Personal Aohlevements During past year (August 2000 - July 2001) Sad was personally responsible for arranging that Adalphia Cable be the media spot.or of the following events: · Boca Ballet · Ballet Florida · Boca Raton Art Museum · Boca Reton Children's Museum · Boca Points Art Fear Boca POPS Citrlx Tennis Tournament · Crest Theatre - Special Performances · Hospice by the Sea - Summer Celebration · Palm Beach Film Festival · The JCC Music in the Round · The JCC Celebration Series · The Delray Beach Affair · The Conservatory of Music at Lynn University · Lynn University- Tale-Communications Department Re. The above mentioned events: Sad wes able to get full-page ads in ell the Playbills and mention of Adelphia Cable in all publicity releases. This publicity was et no cost to Adelphia. Other personal achlevementl during this pest year were: · Moderator for CLUB TALK TV Program for Boca West. · Originator, host and moderator of weekly television program entitled "Around Our Town". Among these shows ars a monthly aeries celled "Eye on Education", a monthly show on Medical Issues, a monthly show on Art and Culture in the BocaJDelray ares. Also interview local political leaders, and currently being contacted by national authors and politiclan~ requesting to be Interviewed on the I, how. · Set up i.ntsmship program with Lynn University's tslecommun,catiOl~ department. · Appointed to South County Political Committee by Commissioner Mary McCarty. Oct 18' 01 08:30a ADELPHIR BOCR 561 Cont'd · Frequent pereonal contect and many television interviews with: Representative Robert Wexler State Senator Ron Klein Chairman of the County Commlesion, Burt Aaronaon Commissioner Mary McCerty Police Chief Overman of Delray Beach Mayor J~y Alperin of city of Delrey Beach Set up reading progreme st eight els?.?tary schools. Put cable into all of the pubhc schools in the BocalDalraylBoynton sraes. · Oelivera cable in the Classroom magazines to all echools in Boca Raton, Delrey Beach and Boynton Beach · Installed high speed modems in the above mentioned schools for the use ~o.f the students. · Installed cable and high speed modems in all public libraries Lynn Un,vera,ty, School of Telecommunications. Awarde an annual plaque for teacher of the year in elementary, middle and high schools in our area. · Received award as Volunteer of the Year from Hospice By the See. · Received Outstanding Educational Achievement Award fi*om Banyan Creek School. · Received award for "Partners in Educetion" in Palm Beach County · Receiving Dlstinguiehed Service Award from the Delrey Beach Police Department for work in the anti-drug program. · Serves on the following boards es a representaUve of Adelphla: American Diabetea Ji~oolstion American Heart Aeaoclstion Hammock Pointe School Advisory Committee Migrant Aesoclstion of Palm Beech County Music Conservatory at Lynn - Community Relstion~ Board American Cancer Society Education Committee of the Boynton Beech Chamber of Commerce Education Committee of the Delrey Beach Chamber of Commerce Apr-I?-ZO0~ O~:]Op! Frma-SMITH BA~EY ~Sl ZSS OEIS T-Z?? BOARD MEMBER APPLICATION 2001 ~lease 1. J=ast 2. Home Ad,-lress: ~ Residence: Nm~e Chy Code It' so, whc~e ate you 12. De~mbe ezpc~rnces, APR 17 2003 OITY CLERK Apr-I?-ZO03 O3:30pm From-SMITH BARNEY $61 Z65 0616 T-Z?T P.OO3/OOa F-I?? Troy D. Wheat 1022 East Atl~iic A~ D~lmy Be, a=h. FL 3.3~1 My objective is to continue following the guidelines already in place in Delrey Beach, and help assist in the further development and growth of our city. Edu~n Investment Licenses 1 ~'~_ D...,-... o.~.m. ~,,.,, ,,~; ~Jelray I=eacl~, Florida Financial C~.sultaltt - ~'~mtd Vice Pr~sid~ I~veslme~.s · Assist in the development and implementation of financial plans for both retail and irrstitut~onaJ clients. 1989 - 1992 Palm Beach Community College 1992.1996 University of South Florida Bachelor of Science (Economics) Ffodda Tampa. Flodda Sedes 3 - Commodities Series 7 - Stocks. Bonds. and Options Series 63 - Bluesky License Series $5 - Investment Advisors Life Experience Scholarship golfer at Palm Beach Community, and University of South Florida Nationally ranked amateur golfer 1993 Four Time U.S. Amateur Contestant U.S. Mid-Amateur Contestant 1999 Delray City Champion, 2,000 Palm Beach Mid-Amateur Champion, 2002 Runner-up Palm Beach County Amataur, Runner-up 2003 Dixie Amateur Championship and numerous other national, state, and local events MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~ - REGULAR MEETING OF ~IUNE 17. ~OO3 ORDINANCE NO. 16-03 (PRIVATELY INITIATED REZONING/THE GULFSTREAM BUSINESS BANK3 DATE: JUNE 13, 2003 This ordinance is before Commission for second reading and a quadjudidal heating for rezoning from AC (Automotive Commegcial) to Ge (General Commercial) for Gulfstream Business Bank located at 909 S.E. 5th Avenue, on the southeast comer of S.E. 5th Avenue (southbound Federal Highway) and S.E. 9t~ Street. The subject property consists of Lot 2A of the repht of Lot 2 Ninth Street Plaza and contains 0.759 acres. There is an existing 5,758 square feet structure with associated paxking, occupied by Blue Max German Autohaus (automotive repair shop), located on the property. The proposal is to change the zoning designation of Lot 2A to establish a new financial institution with drive-through facilities and office space. The planning and Zoning Board hdd a public heating in conjunction with the request. There was no public testimony regarding the request. The Board voted 5-0 to recommend that the request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards), Land Development Regulations Section 2.4.5 (D)(5), and the policies of the Comprehensive Plan. At the first reading on June 3, 2003, the City Commission passed Ordinance No. 16-03. Recommend approval of Ordinance No. 16-03 on second and final reading. ~\City Cle~\ehevelle fokt~\~mda memo*\ O~ 16.03.6.17.03 ReZ°m~ TO: THRU: FROM: SUBJECT: PAUL DORLING, DIRECTOR OF PLANNING AND ZO__~IING MICHELLE HOYLAND, SENIOR PLANNER ~-~ MEETING OF JUNE 3, 2003 PRIVATELY INITIATED REZONING FROM AC TO GC FOR THE GULFSTREAM BUSINESS BANK LOCATED AT 909 SE 5TM AVENUE~ WHICH IS AT THE SOUTHEAST CORNER OF SE 5TM AVENUE (SOUTHBOUND FEDERAL HIGHWAY) AND SE 9TM STREET. The subject property consists of Lot 2A of the replat of Lot 2 Ninth Street Plaza, which is zoned AC (Automotive Commercial) and contains 0.76 acres. There is an existing 5,758 sq. ft. structure and associated parking located on the property. The structure is occupied by the Blue Max German Autohaus, which is an automotive repair shop with incidental sales of vehicles. The property is non-conforming with respect to the vehicle sales component as the minimum lot size is required to be 1.5 acres for the use of vehicle sales [Ref: LDR Section 4.4.10(F)]. However, a vadance to reduce the lot area requirements within the AC zoning district from 1.5 acres to 1.487 acres, was granted on May 18, 2000 by the Board of Adjustment. This variance allowed this property as well as the parcel immediately to the east (1.487 acres combined), to be used for automobile sales, if combined. It is noted that the existing variance will no longer be valid for the subject property or the property to the east (formerly Meineke Discount Muffler), as a result of the rezoning from AC to GC. This is due to the different zoning designations which will exist between the two properties (the west parcel [Lot 2Al is proposed to be GC and the east parcel [Lot 2B] will remain AC) and therefore the two parcels cannot combine acreage for variance purposes. The proposal is to change the zoning designation of Lot 2A from AC to GC to establish a new financial institution with drive-through facilities for Gulfstream Business Bank and office space. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. :. At its meeting of May 19, 2003, the Planning and Zoning Board held a public headng in conjunction with the request. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board voted 5-0 (Morris and Woehlkens absent) to recommend that the request to rezone the property from AC to GC be approved, based upon positive findings with respect .to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. .~ By motion, approve on first reading the ordinance for a zoning designation change from AC (Automotive Commercial) to GC (General Commercial) based on positive findings with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan. Attachments: · P & Z Staff Report of May 19, 2003 · Ordinance by Others ORDINANCE NO. 16-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, REZONING LAND PRESENTLY ZONED AC (AUTOMOTIVE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT 909 SE 5TH AVENUE, WHICH IS AT THE SOUTHEAST CORNER OF SE 5TH AVENUE AND SE 9TH STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; 'AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, SEPTEMBER, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHERE, AS, the property hereinafter described is shown on the Zoning District Map of the . City of Delray Beach, Florida, dated September, 2002, as being zoned AC (Automotive Commercial) District; and WHEREAS, at its meeting of May 19, 2003, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public heating and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of DeLray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning ~h~sification of GC (General Commercial) District for the following described property: Lot 2A of the Plat of the Replat of Lot 2 Ninth Street Plaza, according to the Plat thereof, as recorded in Plat Book 70, Page 44 of the Public Records of Palm Beach County, Florida. Section 2. That the Phnning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Sectior$ 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in reg~l~r session on second and final reading on this the day of ,2003. MAYOR City Clerk First Readin& Second Reading 2 ORD NO. 16-03 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 19, 2003 IV. A. Rezoning From AC (Automotive Commercial~ to GC (General Commercial) for a 0.759 Acre Parcel of Land (909 Southeast 5 Avenue) for Gulfstream Business Bank (Quasi-Judicial Hearing). GENERAL DATA: · Owner ........................................ Bluemax German AutoHaus, Inc. Applicant .................................... Gulfstream Business Bank Agent .......................................... Gary Eliopoulos Location ...................................... Located at the southeast corner of Southeast 5~ Avenue (South bound Federal Highway- U.S. Highway #1) and Southeast 9th Street. Property Size ............................ ;. 0.759 acres Future Land Use Map ................ GC (General Commercial) Current Zoning ............................ AC (Automotive Commercial) Proposed Zoning ........................ GC (General Commercial) Adjacent Zoning ................ North: GC (General Commemial) East: GC (General Commercial) South: GC (General commercial) West: GC (General Commercial) Existing Land Use ...................... Automotive Sales Proposed Land Use .................... Gulfstream Business Bank. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. IV. A. The item before the Board is that of making a recommendation to the City Commission on a rezoning from AC (Automotive Commercial) to GC (General Commercial) for the Gulfstream Business Bank {909 SE 5th Avenue). The subject property is located at 909 SE 5th Avenue, which is at the southeast corner of SE 5~h AVenue (Southbound Federal Highway) and SE 9th Street. Pursuant to Section 2.2.2(E)(6), the Local Planning Agency shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. The subject property consists of Lot 2A of the replat of Lot 2 Ninth Street Plaza, which is zoned AC (Automotive Commercial) and contains 0.76 acres. There is an existing 5,758 sq. f. structure and associated parking located on the property. The structure is occupied by the Blue Max German Autohaus, which is an automotive repair shop with incidental sales of vehicles. The property is non-conforming with respect to the vehicle sales component as the minimum lot size is required to be 1.5 acres for the use of vehicle sales [Ref: LDR Section 4.4.10(F)]. However, a variance to reduce the lot area requirements within the AC zoning district from 1.5 acres to 1.487 acres, was granted on May 18, 2000 by the Board of Adjustment. This variance allowed this property as well as the parcel immediately to the east (1.487 acres combined), to be used for automobile sales. The most recent land use actions to occur with respect to the subject property are as follows: With the Citywide Rezoning of October 1990, the subject property was rezoned from SC (Specialized Commercial) to AC (Automotive Commemial). The basis for the AC zoning was that there was a previously approved conditional use and site plan for a full service automobile dealership for the entire block (Wallace Nissan Dealership). In February 1991, the south portion of the block was rezoned to GC (General Commercial) to accommodate Shoney's restaurant and other retail uses. The AC portion retained 1.487 acres for the full service automobile dealership use. On June 13, 1991, the Planning and Zoning Board recommended approval of the Ninth Street Plaza plat subject to conditions. The plat defined two lots: Lot I for Shoney's, Lot 2 for the north portion of the block. The plat also accommodated abandonment of a midblock north/south alley. At its meeting of August 13, 1991, the City Commission approved the Ninth Street Plaza final plat. On April 29, 1992, the Site Plan Review and Appearance Board approved a minor site plan modification for MAB Paints (5,000 sq. ft. structure on Lot 1). In order to accommodate the new building, 18 parking spaces on Lot 2 were utilized via an off-site P&Z Board Staff Report Rezoning from AC to GC for Guffstream Business Bank (909 SE 5~ Avenue) Page 2 parking agreement. At that time, the owner of Lot 2 was informed that the parking for MAB Paints on Lot 2, would limit the ability to establish vehicle sales on Lot 2, as vehicle sales requires a minimum site area of 1.5 acres which is less than would remain unencumbered on Lot 2. Then on J'une 15, 1992, the Planning and Zoning Board recommended approval of a conditional use to establish a vehicle repair facility for the Blue Max Autohaus on the western 0.76 acre portion of Lot 2, subject to conditions. At its meeting of June 23, 1992, the City Commission approved the conditional use request. The associated site plan was approved by the Site Plan Review and Appearance Board on September 2, 1992. It is noted that the existing variance will no longer be valid for the subject property or the property to the east (formerly Meineke Discount Muffler), as a result of the rezoning from AC to GC. This due to the different zoning designations which will exist between the two properties (the west parcel is proposed to be GC and the east parcel will remain AC) and therefore the two parcels cannot combine acreage for variance purposes. The proposal is to change the zoning designation of a portion of the overall property (western portion of Lot 2) from AC to GC to establish a new financial institution with drive-through facilities for Gulfstream Business Bank and office space. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use 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, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of GC (General Commercial) and is currently zoned AC (Automotive Commercial). Pursuant to LDR Section 4.4.10, within the AC zoning district general office type uses are not specifically listed as a permitted use. The proposed General Commercial (GC) P&Z Board Staff Report Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue) Page 3 zoning distdct provides basic regulations for small pamels which are best suited for general retail and office uses [Ref. LDR Section 4.4.9(A)]. Pursuant to LDR Section 4.4.9(B)(2) & (4), within the GC zoning distdct office type uses and financial institutions are permitted uses. The proposed GC (General Commemial) zoning designation is deemed consistent with the GC (General Commemial) Future Land Use Map designation. 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 & Sewer: Water service is available via a service lateral connection to the existing 8" water main along SE 5th Avenue. Sewer service is available via a service lateral connection to the existing 8" main within the abandoned north/south alley along the east side of the property. The proposed development will accommodate uses of similar intensity as those allowed in the AC zoning district and will have similar water consumption and sewer generation rates. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainacle: With a rezoning request drainage plans are not required. The storm water retention will be reviewed during the site plan application process. There are no problems anticipated with retaining drainage on site and obtaining a South Florida Water Management District permit. Traffic: The uses allowed under the existing AC zoning do not include office or financial institution type uses, which are allowed in the GC zoning district. While the proposed zoning is not of similar use it is of a similar intensity, therefore a potential increase in traffic is not anticipated from the rezoning action itself. As the intensity of uses within the AC and GC zoning districts are similar, comparable traffic volumes would be generated. With the submittal of a site plan application, a traffic impact study is required. The traffic study must comply with the Palm Beach County Traffic Performance Standards Ordinance. There are no problems anticipated meeting traffic concurrency and the associated level of service standards. P&Z Board Staff Report Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5~ Avenue) Page 4 Parks and Recreation: Non-residential use do not create a demand for Park & Recreation services therefore, park dedication requirements do not apply to nonresidential uses. Solid Waste: Trash generated each year by the proposed commercial development under the proposed GC zoning district will be comparable to that generated by the uses allowed under the AC zoning district. The development of the property under the GC zoning district should not create an adverse impact on this level of service standard. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(13)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective is noted. Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Many of the automobile related uses allowed within the AC zoning distdct are not allowed uses within the GC zoning district such as vehicle sales, vehicle rental, and vehicle repair. The proposed rezoning will allow the applicant to develop a bank and commercial office tenant space on the property. The surrounding uses are: Miami Subs restaurant to the north; a vacant restaurant to the south; existing commercial uses to the west; and, the abandoned Meineke Discount Mufflers to the east. The proposed offices and drive-thru bank facility use are compatible with the surrounding uses as similar land uses exist in the immediate area. It is noted however, that compatibility will be enhanced through specific regulations, which apply to the GC zoning district. The proposed commercial designation is an appropriate zoning designation along an arterial road (Federal Highway). Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. P&Z Board Staff Report Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5~ Avenue) Page 5 Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Within the GC zoning district, drive-thru banks are allowed as a permitted use [ref. LDR Section 4.4.9(B)(4)] and offices are allowed as a principal use [ref LDR Section 4.4.9(B)(2)]. The requirements of the Land Development Regulations will be reviewed in further detail with the submission of a site plan application. Additionally, pursuant to LDR Section 4.3.4(K), within the GC zoning district a perimeter setback of 10 feet is required, except for the side interior, which may be 0', whenever dedicated access is provided to the rear of the property. It is anticipated that the proposal will be able to meet the requirements of the code including specific regulations relating to buffering, parking, setbacks, etc. Section 3.2.2 (Standards for Rezonin;I Actions): Standards A, B, and E are not applicable with respect to the proposed rezoning. The applicable performance standards of Section 3.3.2 are as follows: (c) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. The proposed GC zoning can be considered strip commercial zoning. However, the applicant has indicated that a two-story office building with a drive-thru bank facility is to be accommodated on the site, which would not be considered strip commercial. Further, as the site only contains 0.76 acres it would be difficult to develop the property as a strip commercial development should this development approval be changed. D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is bordered on the north, south and west sides by the GC (General Commercial) zoning distdct and the AC (Automotive Commercial) zoning distdct to the east. The existing land uses are: Miami Subs restaurant to the north; a vacant restaurant to the south; existing commercial uses to the west; and, the vacant Meineke Discount Mufflers to the east. The proposed offices and drive-thru bank facility are compatible with the surrounding uses as similar land uses exist in the immediate area. It is noted however, that compatibility will be enhanced through specific regulations, which apply to the GC zoning district. P&Z Board Staff Report Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5th Avenue) Page 6 Section 2.4.5(D)(5) (Rezonin;; Findings): Pursuant to Section 2.4.5(D)($) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These masons include the following: That the zoning had previously been changed, or was originally established, in error; bo That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar Intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted the following statement indicating the reasons for which the rezoning is being sought based on "c" above: *-I-he neighborhood in this area is made up of general commercial uses and the office and bank facility is more appropriate for this site." The basis for which the rezoning should be granted relates to c in that the use of the property for offices and a drive-thru bank facility is more appropriate given its immediate location to other general commercial type uses. In addition, there are automotive commercial uses which could be accommodated on the parcel. However, due to the industrial nature of these types of uses and the property's location on an arterial roadway, a GC zoning designation is more appropriate. Additionally, the uses typically allowed within the AC zoning district on lots with a minimum lot size of at least 10,000 sq. ft. are more industrial in nature which is not appropriate at this location. Based upon the above, a positive finding with respect to LDR Section 2.4.5(D)(5) can be made. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the development proposal. General Commercial Purpose and Intent [LDR Section 4.4.9(A)]: Pursuant to LDR Section 4.4.9(A), the General Commercial (GC) District provides basic regulations for small parcels which are best suited for general retail and office uses but which are not of sufficient size to be designed in a planned sense. The GC designation is applied to small parcels, most of which are developed, where adherence to standard regulations is most appropriate. The GC designation is to be applied primarily along artedal and collector streets. Uses may be conducted singularly or in combination within the same structure. P&Z Board Staff Report Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5~ Avenue) Page 7 The proposed rezoning involves a relatively small parcel which is located along an arterial street. The proposed GC zoning will be applied at a high visibility area to ensure that development of the subject property will be compatible and consistent with the character of the surrounding area. Development Standards: Special Landscape Area: Pursuant to LDR Section 4.3.4(H)(6)(b)(2), along Federal Highwa. y, including the one- way pairs, extending from SE 10th Street to the north City limits, but excluding the blocks between SE 1st Street and NE 1st Street, a ten foot (10') special landscape area shall be provided on both sides of the ultimate right-of-way. It is anticipated that this item can be met and further addressed through a complete review with the site plan review process. The development proposal is not located within the geographical area requiring review by the DDA (Downtown Development Authority). Community Redevelopment ARency This item was reviewed by the CRA at their Apdl 10, 2003, meeting and the Board recommended approval of the rezoning. Courtesy Notices: A special courtesy notice was provided to PROD, the President's Council and the following homeowners associations: · Osceola Park Homeowners Association · PROD · Rio Delray Shores · President's Council · Delray Harbour Club Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. P&Z Board Staff Report Rezoning from AC to GC for Gulfstream Business Bank (909 SE 5a Avenue) Page 8 The proposed rezoning from AC (Automotive Commemial) to GC (General Commercial) designation is supportable as the GC zoning is more appropriate for this site due to its location on an artedal roadway. Additionally, the uses typically allowed within the AC zoning district on lots with a minimum lot size of at least 10,000 sq. ft. are more industrial in nature which is not appropriate at this location. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. The rezoning will provide the desired economic stimulation and investment in the area, and result in the redevelopment of a site containing an auto related use. A. Continue with direction. B. Recommend to the City Commission rezoning of the subject property from AC (Automotive Commercial) to GC (General Commercial), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. C. Recommend to the City Commission denial of the rezoning, based on a failure to make positive findings with respect to LDR Section 2.4.5(D)(5). Recommend to the City Commission rezoning of the subject property from AC (Automotive Commercial) to GC (General Commercial), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Zoning Map Location Map Survey DELRA Y PLACE EXECUTIVE QUARTERS CONDOS MH FLORANDA -- TRAILER I $.£. 127H RD. PARK THE PLAZA AT DELRA Y WOODS TREE LANE OLD HARBOUR PLAZA LINTON OF' AMERICA HARBOUR S~E DOMAINE DELRA Y HARBOURS EDGE TREE V~LLAGE HARBOURS EDGE BOULE Z ARD GULFSTREArv BUSINESS BANK - REZONING - FROM: AC (AUTOMOTIVE COMMERCIAL) TO.__~: GC (GENERAL COMMERCIAL) 909 S.E. 5TH AVENUE i! i[ II ,: MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~, AGENDA ITEM # NM}'~t:> - REGULAR MEETING OF _ILINE 17, 2003 ORDINANCE NO. 13-03 (AMENDING LDR 2,4,3(I~(1)) JUNE 13, 2003 This ordinance is before Commission for second reading to amend land Development Regulations (LDR) Section 2.4.3(K)(1) regarding development application fees. The fee schedule currently in effect was adopted approximately six (6) years ago on November 18, 1997 via Ordinance No. 50-97. The proposed increase under Ordinance No. 13-03 is a minimum increase of 10% (except for voluntary annexations) and a significant adjustment for certificates of appropriateness, variances, and Land Development Regulations Text Amendments. The Planning and Zoning Board held a public hearing regarding this item. After reviewing this amendment, the Board voted 4-0 to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5). At the first reading on June 3, 2003, the City Commission passed Ordinance No. 13-03. Recommend approval of Ordinance No. 13-03 on second and final reading. &\City Clerk\chevelle foldo'\a~'nda mem~\Ord. 13.03.6.17.03 TO: THRU: FROM: SUBJECT: DAVID T~ HA~EI~I, C.~ MAN~,GER MEETING OF JUNE 3, 2003 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.3(K)(1) TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION FEES. This amendment is to LDR Section 2.4.3 (K)(1) which outlines the current fee schedules for development applications. The current fee schedule was adopted approximately 6 years ago and no increases in fees have occurred since that time. The Planning and Zoning Department staff has reviewed its land development application fees such as site plans, site plan modifications, rezonings, conditional uses, and other land use actions processed by the Department. This analysis included fees charged by other municipalities in the area for similar development activities as well as an assessment of the average staff hours spent on each type of application. Based upon this review, an increase in fees is supported. The increase results in a minimum across the board increase of 10% (except for voluntary annexations) plus significant adjustment for processes which are drastically undervalued at this time such as certificates of appropriateness, variances and LDR text amendments. Additional background and analysis is provided in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public hearing regarding this item at its meeting of May 19, 2003. After discussing the amendment, the Board voted 4-0 (Morris, Pike and Woehlkens absent) to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5). By motion, approve on first reading, the ordinance amending Land Development Regulations Section 2.4.3(K)(1 ) relating to land development application fees, based upon the findings and recommendations by the Planning and Zoning Board, and set a public hearing date of June 17, 2003. Attachments: P&Z Board Staff Report & Ordinance by Others ORDINANCE NO. 13-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DRLRAY BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K), "FEES", SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION FEES CHARGED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to I.,DR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 19, 2003 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DI~J.RAY BEACH, FLORIDA, AS FOLLOWS: Sectiorl l. That Chapter Two, "Administrative Provisions", Article 2.4, "General Procedmes", Section 2.4.3 "Submission Requirements", Subsection 2.4.3(K), "Fees", Sub- Subsection 2.4.3(K)(1), "Development Applications" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ _,.~ 2,2O0 (b) Review of a ADA/DRI $~,vvv a t~nn 3.300 Modification of a DRI $ ~.,v~v^~ 1.100 0) Voluntary Annexation with Zoning Rezonlng of Land Modification ora SAD Ordin.nce tO add a use or uses Conditional Uses, New Application Modification req~firlng Board Review Master Plans Master Plan Modification Formal review of a Sketch Phn [Section 2.4.1(B)] Simil~rlty of Use Site Plan Review: Class I (Non-Impacting Modification) Class II (Non-Impacting with Board Review) Class III (Minor Modification) Class IV (Major Modification) Class V (New Submission) Extension requests for a previously approved conditional use or site plan (only one fee is required ffboth items are being extended for one project) Plats Mino~ Subdivision Maior Subdivision Plat Recording Fee Abandonments Right-of-way General Easements Specific Easements Master Sign Program $ 1,000 (4) $ :,2ee ~ $ :,200 1,320 $ 900 1.000 500 550 $ 1,000 1.100(1) (5) $ ~00 550 $ 250 2~75 $ ~0 100 $ 150 200 $ ~,99 500(1) $ 750 1325(1) $ LeOS 1.100(1) $ 500 550 $ 750 825(1) $ :,500 1.650 O) (3) $ 5~550 $ ~00 330 $ I00 110 (o) Variance through the Board of Adjustment or the $ !50 200 2 ORD. NO. 13-03 Historic Preservation Board Formal interpretation by the Board of Adjustment Certificate of Appropriateness by Board Certificate of Appropriateness by Administrator Request for Historic Designation Hearing before the Board of Construction Appeals (per item) Temporary Use Request involving City Commission action Water Service Agreement Request - - without concurrent site plan - - with concurrent site plan Land Development Regulations Text Change Waivers and Internal Adjustments (.y) Appeals by Applicant (z) Re-advertising (aa) Zoning Verification Letter NOTES: (1) (2) (3) $ -0- S ~ 50 $ 25 50 S 25 50 $ 199 110 S Ioo 110 S -0- ~ 1.000 199 110 per request (6) 299 220 per request $ 2cc 300 (8) (9) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. This fee shall be credited against any other process'rog fee which may be applicable to the request. $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. 3 ORD. NO. 13-03 Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. Same fee that would apply for site plan modification. For requests made during the site plan / master plan review process. For requests made subsequent to the site plan / master plan review process. Includes appeals of both administrative decisions and Board actions. Advertising costs. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective mediately upon its passage on second and final reading. PASSED AND ADOPTED in reg,,hr session on second and final reading on this the __ day of ,2003. ATI'EST MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 13-03 PLANNING AND ZONING BOARD MEMORADUM STAFF REPORT MEETING OF: MAY 19, 2003 AGENDA ITEM: IV.E. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.3(K)(1) TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION FEES. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) to increase the land development application fees, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUNDANDANALY$iS ~ This amendment is to LDR Section 2.4.3 (K)(1) which outlines the current fee schedules for development applications. Pursuant to the Planning and Zoning Department's Work Program, endorsed by the Planning and Zoning Board, the proposed LDR amendments to the fee schedule are to be completed this fiscal year. The current fee schedule was adopted in 1997 and no increases in fees have occurred since that time. The last change prior to 1997 occurred with the adoption of the LDRs in 1990. It has been approximately 6 years since the last fee increase. Since that time, staff salaries have increased an average of 3-4% each year. In addition to the staff hours involved processing the application for Board approval, there is additional staff time required subsequent to the approval relating to ensuring conditions of approval are addressed and other documents such as fight-of-way deeds or various agreements are reviewed and processed for City Commission action. Postage and cost of advertising land use actions in the local newspaper have also increased. Also, additional courtesy notices are now provided earlier in the development review process to ensure that adjacent neighborhoods are aware of development proposals in their area. Further, during the development review process, a typical land use petition in the downtown area will be reviewed by at least two other recommending Boards such as the CRA (Community Redevelopment Agency) and DDA (Downtown Development Authority) and may involve additional presentations at other community or civic organization meetings. The Planning and Zoning Department staff has reviewed its land development application fees such as site plans, site plan modifications, rezonings, conditional uses, IV.E. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Land Development Application Fees Page 2 and other land use actions processed by the Department. This analysis included fees charged by other municipalities in the area for similar development activities as well as an assessment of the average staff hours spent on each type of application. Based upon this review, an increase in fees is supported. The increase results in a minimum across the board increase of 10% (except for voluntary annexations) plus significant adjustment for processes which are drastically undervalued at this time such as certificates of appropriateness, variances and LDR text amendments. The attached Appendix A is the proposed text amendment and Appendix B compares the City's fees with those of other municipalities. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.3(K)(1) regarding proposed increases to the land development application fees, based upon positive findings with respect to LDR Section 2.4.5(M). Attachments: Exhibit A- Proposed Text Amendment Exhibit B - Fee Schedule Tables Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Land Development Application Fees Page 3 EXHIBIT A PROPOSED TEXT AMENDMENT (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ 2,0OO 2,200 (b) Review of a ADA/DRI $w,.~.... ~ nnn 3,300 Modification ofa DRI $ ~. ,vvvnnn 1,100 (c) Voluntary Annexation with Zoning $ 1,000 (4) (d) Rezoning of Land $ 1,200 1,320 (e) Modification of a SAD Ordinance to add a use or uses $ ! ,200 1,320 (f) Conditional Uses, New Application $ 9OO 1,000 Modification requiring Board Review $ 500 550 (g) Master Plans $ 1,000 1,100(1) Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 590 550 (i) Similarity of Use $ 250 275 0) Site Plan Review: Class I (Non-Impacting Modification) Class II (Non-Impacting with Board Review) Class III (Minor Modification) Class IV (Major Modification) Class V (New Submission) $ r~ 100 $ ! 50 200 $ ~,09 500(1) $ 750 825(1) $ 4.,,~,~nnn 1,100(1) (k) Extension requests for a previously approved conditional use or site plan (only one fee is required if both items are being extended for one project) $ 509 550 Plats Minor Subdivision Major Subdivision Plat Recording Fee $ 750 825 (1) $ ~.,v_v~nn 1,650(1) (3) Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Land Development Application Fees Page 4 (m) Abandonments Right-of-way General Easements Specific Easements (n) Master Sign Program (o) Variance through the Board of Adjustment or the Historic Preservation Board (p) Formal interpretation by the Board of Adjustment (q) Certificate of Appropriateness by Board (r) Certificate of Appropriateness by Administrator (s) Request for Historic Designation (t) Hearing before the Board of Construction Appeals (per item) Temporary Use Request involving City Commission action Water Service Agreement Request - - without concurrent site plan - - with concurrent site plan Land Development Regulations Text Change Waivers and Internal Adjustments (u) (v) (w) (x) (y) Appeals by Applicant (z) Re-advertising (aa) Zoning Verification Letter NOTES: $ $ (1) $ 590 550 $ 300 330 $ 150 165 $ !00 110 $ 150 200 $ 26 5_.Q0 $ 25 50(2) $ -0- $ 2650 $ 25 50 $ 25 50 $ !O0 110 $ !00 110 $ -0- $ 500 1,000 !09 110 per request (6) 200 220 per request (7) $ 200 300 (8) (9) $ 6055 Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Land Development Application Fees Page 5 (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. (5) Same fee that would apply for site plan modification. (6) For requests made dudng the site plan / master plan review process. (7) For requests made subsequent to the site plan / master plan review process. (8) Includes appeals Of both administrative decisions and Board actions. (9) Advertising costs. [IT¥ DF DELRI:I¥ BERCH CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: June 11, 2003 Writer's Direct Line: 561/243-7091 MEMORANDUM TO: FROM: City Commission._ Brian Shutt, Assistant City Attorney SUBJECT: Cable Ordinance The attached proposed ordinance repeals Chapter 93 "Cable Television" and replaces it with a new Chapter 93 "Cable Television". Some of the highlights of the proposed ordinance are as follows: revised definitions - revised equipment standards revised technical standards requirement of set fees for renewals, transfers, etc. establishment of a security fund to provide that if the franchisee fails to comply with the terms of the ordinance then the City may make a claim on the fund requirement of a construction bond prior to performing work in the right of way providing for a governmental and educational access channel customer service requirements and fines for failure to comply ~with those requirements guidelines for the use of the public right of way enforcement remedies for violations of the ordinance guidelines for renewals - guidelines for transfers This ordinance was drafted by the City's outside cable counsel, Ila Feld, Esq. of Leibowitz & Associates. Adelphia has reviewed this ordinance and agreed to its final form. The City's current franchise agreement with Adelphia expires on July 22, 2004. Once this Ordinance is adopted the City can then proceed to negotiate with Adelphia regarding a franchise renewal that would incorporat~ the terms of the Ordinance. By copy of this memo to David Harden, our office requests that this item be placed on the June 17, 2003 City Commission agenda for first reading. Please call if you have any questions. Attachment CC: David Harden, City Manager Barbara Garito, City Clerk ORDINANCE NO. 18-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING CHAPTER 93, "CABLE TELEVISION", IN ITS ENTIRETY AND ENACTING A NEW CHAPTER 93, "CABLE TELEVISION"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the enactment of the Telecommunications Act of 1996, recent court precedent and FCC rulings construing the scope of local government regulatory authority over cable television franchises, and applicable changes and developments in cable television technology and services have resulted in a changed regulatory environment; and WHEREAS, the City Commission of Delray Beach, Florida deems it necessary to repeal Chapter 93 and replace it with a new Chapter 93 to take into account the changes and developments described above and to better ensure that the use of the City rights-of-way by cable television operators serves the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 93, "Cable Television" of the Code of Ordinances of the City of Delray Beach is hereby repealed in its entirety and replaced by a new Chapter 93, "Cable Television" to read as follows: CHAPTER 93: CABLE TELEVISION Section 93.01 SHORT TITLE. This chapter shall be known and may be cited as the Delray Beach, Florida, Cable Television Ordinance. Section 93.02 AUTHORITY: APPLICATION. This chapter is enacted under the home rule power of the City to promote the public health, safety and general welfare by providing regulations for the installation, use and operation of cable television systems in Delray Beach. This chapter shall apply to and be enforced within the municipal limits of the City including any area annexed into the municipal limits of the City. Section 93.03 DEFINITIONS. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the futura, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory, and the word "may" is permissive. Words not otherwise defined herein or in any franchise agreement that might be granted hereunder shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. §§ 521 et seq., as amended by the Telecommunications Act of 1996, and as those Acts may hereinafter be amended (collectively the "Communications Act"), and, if not defined therein, they shall be given their common and ordinary meaning: (A) "Access channel" shall mean any channel on a cable system set aside without charge by the franchisee for educational or local governmental use which has been recognized and approved as such by the City Commission. The City agrees not to use the access channels to provide commercial or services that may compete, directly or indirectly, with services offered by Adelphia; provided, however, that the City may cablecast acknowledgments of funding sources and the underwriting of programming costs. (B) "Activated channels" shall mean those channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services actually are provided, including any channel designated for educational or governmental use. A channel on which signals flow in the direction from the beadend to the subscriber shall be referred to as a "downstream channel." A channel on which signals flow to the beadend for redistribution shall be referred to as an "upstream channel." (C) "Affiliate" shall mean any person who or which directly or indirectly owns or controls a grantee or franchisee, any person who or which a grantee or franchisee directly or indirectly owns or controls, or any person under common ownership or control with a grantee or franchisee. (D) "Applicant" shall mean any person submitting an application under and within the meaning of this chapter. (E) "Application" shall mean any proposal, submission or request to (1) construct, maintain and operate a cable television system within the City; (2) transfer a franchise or control of a franchise; (3) renew a franchise; (4) modify a franchise; or (5) seek any other relief from the City pursuant to this chapter, a franchise agreement, the Communications Act, or other applicable law. An application includes an applicant's initial proposal, submission or request, as well as any and all subsequent amendments or supplements to the proposal and relevant correspondence. (F) "Basic cable service" or "Basic service" shall mean any service tier which includes the retransmission of local television broadcast signals and educational, governmental or public access channels. 2 ORD. NO. 18-03 (G) "Cable service" shall mean (1) The one-way transmission to subscribers of video programming, or other programming service; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. (H) "Cable system," "Cable television system," or "System" shall mean a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the City, but such term does not include: (1) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) A facility that serves subscribers without using any public fight of way; (3) A facility of a common carrier, which is subject, in whole or in part, to the provisions of Title 11 of the Communications Act of 1934, 47 U.S.C. §§201 et seq., except that such facility shall be considered a cable system (other than for purposes of 47 U.S.C. §541 [c]) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4) An open video system (OVS) that complies with 47 U.S.C. §573; or (5) Any facilities of any electric utility used solely for operating its electric utility systems. (I) "City" shall mean the City of Delray Beach, Florida. (J) "City Commission" shall mean the City Commission of the City of Delray Beach, Florida. (K) "Communications Act" shall mean the Communications Act of 1934, 47 U.S.C. § 151 et seq., as that Act has been and may hereinafter be amended or renumbered. (L) "Control of a franchisee, applicant or franchise" shall mean possession of the ability to direct or cause the direction of the management or policies of a franchisee, grantee or applicant, or the operation of a franchisee's system, either directly or indirectly, whether through ownership of voting securities, by contract or understanding, or in any other manner. Any such change shall be considered a "transfer." (M) "Easement dedicated for compatible use" shall mean an easement open for the use of a franchisee pursuant to 47 U.S.C. §541(a)(2). 3 ORD. NO. 184)3 (lq) "Easement holder or beneficiary" shall mean the person to whom an easement was or is dedicated, deeded or granted, and the person entitled to the lawful and permitted use of the easement. (O) "Exclusive easement" shall mean an easement which by its terms and which by the law is for the exclusive use of the easement holder. (P) "Facilities and equipment" shall include, but not be limited to, headends, hubs, antennae, wires, cable, conductors, ducts, conduits, vaults, manholes, trenches, amplifiers, converters, appliance, attachments, poles and other property and equipment which are designed, constructed or wired for the purpose of producing, receiving, amplifying and distributing by coaxial cable, fiber optics, microwave, laser or other means, audio and video television, radio and electronic signals to and from subscribers, and any other equipment or facilities used in connection with a cable system to provide cable service within the City. In the context of educational, governmental or public access, this term shall include, but not be limited to, all of the above and studios, cameras, antennae, dishes, buildings, chairs, desks, vehicles and all other capital equipment associated with the provision of educational, governmental or public programming and access. (Q) "Fair market value" shall mean the price that a willing buyer would pay a willing seller for a going concern but with no value allocated to the franchise itself. (R) "FCC" shall mean the Federal Communications Commission, or any successor governmental entity thereto. (S) "Fiscal year" shall mean a calendar year beginning October 1 st of each year. (T) "Franchise" shall mean an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to 47 U.S.C. §546), issued by the City as the franchising authority. Such authorization shall be designated as a franchise and issued under a franchise agreement, which authorizes the construction and/or operation of a cable system. The term "franchise" does not include any license, permit or certificate that may be required by this chapter or other applicable law for the privilege of transacting and car~ing on a business within the City or for disturbing or carrying out any work within any public right-of-way. (U) "Franchise agreement" shall mean a contract entered into in accordance with the provisions of this chapter between the City and a franchisee which sets forth the te, ms and conditions under which the franchise shall be exercised. (V) "Franchisee" shall mean any person granted a franchise by the City pursuant to this chapter who has entered into a franchise agreement. (W) "Gross revenues" shall, at such time as the City is not otherwise limited by applicable federal or state law, mean all the franchisee's revenues, from any source whatsoever arising from, attributable to, or in any way derived from the operation of the cable system to provide cable service in the City. 4 ORD. NO. 18-03 Unless this definition is further amended by the City, "Gross Revenue" includes, but is not limited to, the following: (1) fees charged subscribers for basic service; (2) fees charged subscribers for any optional, premium, per-channel or per-program service; (3) fees charged subscribers for any tier of service other than basic service; (4) installation, disconnection, reconnection and change-in-service fees; (5) late fees; (6) leased access fees; (7) payments or other consideration from prograrmners for carriage of programming on the system; (8) revenues from converter, remote, modem or any other equipment rentals or sales; (9) revenues from the sale, exchange or cablecast of any programming developed on or for access channels or institutional users; (10) advertising revenues allocable to the City based on the subscriber base in the City divided by the subscriber base of the system (such quotient to be multiplied by the system's total advertising revenue to determine the allocable revenue stemming from advertising); (11) revenues from home shopping channels or other sources allocable to the City based on the subscriber base in the City divided by the subscriber base of the system; (12) revenues fi.om local studio and local studio equipment rental; (13) revenues from leases of cable or fiber optic lines and other transmission devices and equipment for the provision of cable services; (14) revenues fi.om transmission of data; and (15) revenues fi.om consumer products and services including but not limited to cable guides. In the event that a court of competent jurisdiction issues a final decision or applicable law provides that Intemet access service provided via the cable system is, as a matter of law, a cable service, or may otherwise be included in the definition of Gross Revenues on which Franchise fees are based, such revenues shall be included in the definition herein. "Gross revenues", unless prohibited by applicable law, shall be the basis for computing the fi.anchise fee imposed pursuant to Section 93.19 unless prohibited by applicable law. As of the date hereof, the City acknowledges that Ch. 347 FL. Stat. preempts the City from defining Gross Revenues for the purpose of collection of franchise fees by the City pursuant to this Ordinance. However, should the statute be repealed or otherwise amended and the City has the right pursuant to applicable law to establish the definition of Gross Revenues on which franchise fees are collected, the "Gross Revenues" definition contained herein or as amended by the City shall be applicable. (X) "Interconnection" shall mean the electronic connection of two or more cable systems for the purpose of sharing programming or other cable services. (Y) "Law" shall mean any duly enacted or executed applicable federal, state, county, or city law, statute, ordinance, code, rule, regulation or order. (Z) "Leased access channel" shall mean a channel designated in accordance with 47 U. S.C. § 532 for commemial use by persons unaffiliated with the franchisee. (AA) "Open video system (OVS)" shall mean a system certified by the FCC to provide video programming to subscribers in a manner that complies with 47 U.S.C. §573. 5 ORD. NO. 18-03 (BB) "Overbuild" shall mean a cable system constructed to serve subscribers in an area of the City served by another cable system. (CC) "Pay television" shall mean the delivery over the cable system of video signals in intelligible form to residential subscribers for a fee or charge (over and above the charge for basic service), except for a service tier. (DD) "Person" shall mean any individual, corporation, partnership, association, joint stock company, trust, joint venture, organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof. (EE) "Public right-of-way" shall mean the surface, the air space above the surface, and the area below the surface of any street, highway, road, boulevard, concourse, driveway, freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court, lane, path, alley, way, drive, cimle, easement, or other right-of-way, place or property, including public utility easements dedicated for compatible uses, in which the City holds any kind of property interest or over which the City exercises any type of lawful control. (FF) "Service tier" shall mean a category of cable service or other services provided by a franchisee and for which a separate rate is charged by the franchisee. (GG) "Small cable operator" shall mean a franchisee who offers service to fewer than one thousand (1,000) subscribers within the franchise area, and who directly, or through an affiliate, services in the aggregate fewer than one pement (1%) of cable subscribers in the United States, and whose annual revenues, when combined with the total annual revenues of all of its affiliates, do not exceed $250 million in the aggregate, or as such term may be otherwise defined by applicable law. (HH) "Subscriber" shall mean any person who lawfully receives cable service delivered over a cable system. (II) "Subscriber base" shall mean the total number of a franchisee's residential and nonresidential subscribers within the City. For purposes of calculating the number of subscribers under bulk or multi-user contracts, the franchisee shall count each individual unit included within a contract for service as one subscriber. The franchisee shall not use any equivalency measures including calculations based on market rate unless required by FCC rules. (JJ) "Sunshine State One-Call of Florida, Inc." shall mean the not-for-profit corporation created by Section 556.103, Florida Statutes, to administer the provisions of the Underground Facility Damage Prevention and Safety Act set forth at Chapter 556, Florida Statutes. (KK) "System malfunction" shall mean any cable system equipment, facility or signal failure or malfunction that results in the loss of satisfactory service on one or more channels to one or more 6 ORD. NO. 18-03 subscribers which results fi.om the fi.anchisee's action or inaction. A malfunction is deemed major if it affects ten (10) or more subscribers. (LL) "Technician" shall mean an employee, contractor or agent of a fi'anchisee with the skills to perform and who is available to perform, construct, repair and maintain the cable system, including the facilities and equipment installed by or for the franchisee which are necessary to provide services or signals to the subscriber or user of the system. (MM) "Transfer ofa fi'anchise" shall mean any transaction in which (1) an ownership or other interest in a franchisee or its cable system is transferred fi.om one person or group of persons to another person or group of persons so that control of a franchise is Wansferred; or (2) the fights and/or obligations held by a franchisee under a franchise agreement are transferred or assigned to another person, group of persons or business entity. Any "Change of Control" under section (L) herein shall be considered a "Transfer" for purposes of this Ordinance and any franchise granted thereto. A transfer may be considered by the City to be "pro forma" where the transaction involves an assignment of the franchise fi.om one entity to another entity where both entities are wholly owned and controlled by the same entity and there is no change of control or ownership. (Nlq) "Two-way capacity" shall mean the incorporation into a cable system of all appropriate design and engineering characteristics and features so that two-way transmission over the cable system can be implemented and activated. (OO) "Video channel or Channel" shall mean a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television charnel, including the associated audio signal, as "television channel" is defined by FCC regulation or otherwise. (PP) "Video programming" shall mean programming provided by, or generally considered comparable to programming provided by, a television broadcast station or cable system. (QQ) "Violation" shall mean a violation of any term or provision of this chapter, or a failure to satisfy any term or condition contained in any franchise agreement, or a breach of the contractual relationship established pursuant to a franchise agreement. Section 93.04 INTENT AND PURPOSE. (A) It is the intent of the City and the purpose of this chapter to promote the public health, safety, and general welfare by providing for the grant of one or more franchises for the construction, maintenance and operation of a cable system or cable systems within the City; to provide for the regulation, to the extent provided for by law, of each cable system within the City; to provide for the payment of fees and other valuable consideration by a franchisee to the City for the use of public rights-of-way by its cable system; to promote the widespread availability of quality cable service to the City residents and businesses, the City, and other public institutions; to encourage the development of cable and other communication technologies and cable systems as a means of communication between and among the public, businesses, 7 ORD. NO. 18-03 the City, and other public institutions; to promote competitive cable rates and services; to promote the safe and efficient use of public rights-of-way; to enhance and maximize the communicative potential of public rights-of-way used by cable systems; and to encourage the provision of a diversity of information sources by cable technology to the City residents, businesses, the community, the City, and other public institutions. (B) Recognizing the continuing development of communications technology and uses, it is the policy of the City to encourage experimentation and innovation in the development of cable system uses, services, programming and techniques that will be of general benefit to the community to the extent all such experiments and innovations are consistent with applicable law. Section 93.05 GRANT OF AUTHORITY~ FRANCHISE REQUIRED. (A) The City may grant one or more franchises in accordance with this chapter. (B) Unless otherwise provided under federal law, no person may construct or operate a cable system or any other communications Iransmission facilities over, on, or under the public rights-of-way without having been granted a franchise by the City and no person may be granted a franchise without having entered into a franchise agreement with the City pursuant to this chapter or other such ordinance of the City as may be applicable. (C) Any franchise granted pursuant to this chapter is solely for the provision of cable service. Consistent with applicable federal and state law, a franchisee electing to provide other telecommunications services including, but not limited to, telephone services and/or alternative video programming services, shall satisfy all applicable requirements of the City prior to installation of facilities or commencement of such services. Section 93.06 FRANCHISE CHARACTERISTICS. (A) Subject to any applicable permitting requirements, a franchise granted under this chapter authorizes use of public rights-of-way for installing cables, wires, lines, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary and pertinent to operate a cable television system within the City, but does not expressly or implicitly authorize the franchisee to provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities upon private property without the owner's consent (except for use of compatible easements pursuant to 47 U.S.C. § 541(a)(2), or as otherwise authorized by law), or to use privately owned conduits without a separate agreement with the owners. (B) Any franchise granted hereunder is non-exclusive, and shall not expressly or implicitly preclude the issuance of other franchises to operate cable systems within the City, or affect the City's right to authorize use of public rights-of-way to other persons to operate cable systems or for other purposes as it determines appropriate consistent with applicable federal and state law. 8 ORD. NO. 18-03 (C) All privileges prescribed by a franchise shall be subordinate to any prior lawful occupancy of the public fights-of-way, and the City reserves the right to reasonably designate where a franchisee's facilities are to be placed within the public rights-of-way. (D) A franchise shall be a privilege which is held in the public trust. No transfer of a franchise shall occur unless application is made by the franchisee, and approval is obtained from the City pursuant to Section 93.27 hereof. Any unauthorized transfer of a franchise shall be deemed a violation of this Ordinance and a material breach of a franchise, subjecting the fianchise to revocation. (E) A franchise granted to an applicant pursuant to this chapter to construct, operate and maintain a cable television system within a specified franchise territory shall be deemed to constitute both a fight and an obligation on the part of the franchisee to provide the services and facilities of a cable television system as required by the provisions of this chapter and the franchise agreement. The franchise agreement shall incorporate by reference all of the provisions of the franchisee's application for the franchise that are finally negotiated and agreed upon by the City and the franchisee. (F) The City hereby adopts the national policy with respect to facilitating small business entry into telecommunications, and prohibiting barriers to entry into the telecommunications market. Thus, to the extent not in conflict with other laws, including without limitation, Section 166.046 of the Florida Statutes and Section 93.06(B), the City may consider the grant of waivers to small cable operators who request waivers of provisions of this chapter in compliance with Section 93.09(E)(18), provided that any such waiver of provisions of this chapter based on the operator's status as a small cable operator shall continue in effect only so long as the operator remains within the definition of small cable operator as provided by applicable federal law. (G) Notwithstanding anything to the contrary, in the event a franchisee elects to offer to subscribers video programming services through any means or method not included within the definition of a cable system or streaming video via the interact, including but not limited to an open video system, the franchisee shall remain subject to all terms and conditions of the franchise agreement, unless otherwise relieved from compliance by federal or state law that expressly preempts a term or condition of this chapter. Moreover, the City reserves the right to require a franchisee offering service over an open video system to maintain such separate books and records as may be required by the City from time to time to the extent not inconsistent with applicable state law and FCC rules and regulations. Section 93.07 FRANCHISEE SUBJECT TO LAWS[ POLICE POWER~ RESERVATION OF RIGHTS. (A) A franchisee shall at alt times be subject to and shall comply with all applicable federal, state and local laws. A franchisee shall at all times be subject to all lawful exercise of the police power of the City to adopt and enforce generally applicable ordinances, resolutions, rules, regulations, written policies and practices necessary to the convenience, health, safety and welfare of the public, and shall comply with all applicable ordinances, resolutions, rules, regulations, written policies and practices by the City pursuant to such power. 9 ORD. NO. t8-03 (B) The City shall have all power conferred on a cable fianchising authority not otherwise preempted by federal or state law. (C) If the Communications Act is amended or any provision thereof is held invalid or unenforceable, either of which materially affects the City's authority with respect to the regulation of cable operators or the terms and provisions of this chapter, the City shall have the right to amend this chapter in a manner which is not inconsistent with such amendments or holdings. (D) The City reserves the right to create, establish or appoint such boards and persons to assist it in administering the provisions of this chapter and to establish a procedure for the creation, establishment, appointment or operation of such. (E) Subject to applicable law, except as may be specifically provided in this chapter or under the terms of a franchise agreement, the failure of the City, upon one or more occasions, to exercise a fight or to require compliance or performance under this chapter or a franchise agreement shall not be deemed to constitute a waiver of such right or a waiver of requiring compliance or performance. Section 93.08 GOVERNING LAW~ CONFLICTS. (A) Except as to matters which are governed by federal law or regulation, a franchise agreement shall be governed by and construed in accordance with the laws of the State of Florida and Section 93.34. (B) If any part, section, subsection or other portion of this chapter conflicts or subsequently comes into conflict with any federal or state law, the prevailing law shall control and apply. Section 93.09 APPLICATIONS FOR GRANT~ RENEWAL~ MODIFICATION OR TRANSFER OF FRANCHISES. (A) A written application shall be filed with the City for (1) a grant of an initial franchise; (2) renewal of a franchise in accordance with 47 U.S.C. §546; (3) modification of a franchise agreement; (4) a transfer ora franchise; or (5) any other relief from the City pursuant to this chapter or a franchise agreement. (B) To be acceptable for filing, a signed original of the application shall be submitted together with seven (7) copies. It shall be accompanied by the required non-refundable application filing fee as set forth in Section 93.09(I), conform to any applicable request for proposals, and contain all reasonably required information. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application. (C) All applications accepted for filing shall be available for public inspection. (D) An application for the grant of an initial franchise may be filed pursuant to a request for proposals issued by the City or on an unsolicited basis. The City, upon receipt of an unsolicited application, may 10 ORD. NO. 18-03 issue a request for proposals. If the City elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, may inform the City that its unsolicited application should be considered in response to the request for proposals, or may withdraw its unsolicited application. An application which does not conform to the reasonable requirements of a request for proposals may be considered non-responsive and denied on that basis. (E) An application for the grant of an initial franchise, a renewal of a franchise or a transfer of a franchise shall contain, at a minimum, the following information unless submission of any item has been expressly excused by the City Manager: (1) The name and address of the applicant and identification of the ownership and control of the applicant, including; the names and addresses of all persons with five percent (5%) or more ownership interest in the applicant, including the names and addresses of parents or subsidiaries holding such ownership interests directly or indirectly; the persons who control the applicant; all officers and directors of the applicant; and any other cable system ownership or other communication ownership interest of each named person; (2) An indication of whether the applicant, or any person controlling the applicant, or any officer, director or person with five percent (5%) or more ownership interest in the applicant, has been adjudged bankrupt, had a cable franchise or license revoked, or been found by any court or administrative agency to have violated a security or antitrust law, or to have committed a felony, or any crime involving moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances; (3) A demonstration of the applicant's technical, legal and fmancial ability to construct and operate the proposed cable system, including identification of key personnel; (4) A statement prepared by a certified public accountant or duly authorized financial officer of the applicant regarding the applicant's financial ability to complete the construction and operation of the cable system proposed; (5) A description of the applicant's prior experience in cable system ownership, construction and operation, and identification of communities in which the applicant or any person controlling the applicant or having more than a ten percent (10%) ownership interest in applicant has, or has had, a cable franchise or license or any interest therein; (6) Copies of all franchise agreements, licenses, permits or authorizations to operate a cable television system or to provide telecommunications services within the City; (7) Identification of the area of the City to be served by the proposed cable system, including a description of the service area's boundaries; 11 ORD. NO. 18-03 (8) A description of the physical facilities proposed, including the extent and location of all facilities and equipment, channel capacity, performance characteristics, headend, and access facilities; upon request, the applicant shall complete information on technical design available for inspection; (9) Where applicable, a description of the construction of the proposed cable system, including an estimate of plant mileage and its location, the proposed construction schedule; a description, where appropriate, of how services will be converted from existing facilities to new facilities; and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities, the technical or physical impact on public rights of way, and potential conflicts with other users of public rights of way; (10) For informational purposes, the proposed rate structure, including projected charges for each service tier, installation, converters, and other equipment or services, and the applicant's ownership interest in any proposed program services to be delivered over the cable system; (11) A demonstration of how the applicant's proposal will reasonably meet the future cable-related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the City; (12) A description of any non-cable telecommunications services offered by the applicant or its parent, affiliate or subsidiary and the applicant's plan with respect to the availability of such services to subscribers in the City; (13) Pro forma financial projections for the first five (5) years of the franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules; (14) If an applicant proposes to provide cable service to an area already served by a franchisee, the identification of the area where the overbuild would occur, the potential subscriber density in the area which would encompass the overbuild, and the ability of the public rights-of-way to accommodate an additional cable system; (15) A statement detailing how the applicant will ensure interconnection capability with other cable systems pursuant to the requirement of Section 93.15(A)(6) or as such requirements may be modified by the City Manager from time to time. (16) Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this chapter or that the City may request of the applicant that is relevant to the City's consideration of the application including, but not limited to financial sources and guarantees; and (17) Character qualifications. The past or current involvement of the applicant, any of its principals or managers as a party in criminal or civil proceedings is relevant to evaluation of an applicant's 12 ORD. NO. 18-03 character qualifications. The applicant shall supply all records as deemed necessary by the City. In addition: (a) Criminal proceedings. Advise whether the applicant (including the parent corporation, if applicable), any principal or manager has ever been found guilty in a criminal proceeding (felonies or misdemeanors) in which any of the following offenses have been charged: fraud, embezzlement, obstruction of justice (or other misconduct affecting public or judicial officers in the performances of their official duties), advertising, perjury, antitrust violations (state or federal), violations of FCC or SEC regulations, or conspiracy to commit any of the foregoing. If "yes" in any instance, provide specifics, such as date, court, sentence or fine, etcetera. (b) Civil proceedings. Advise whether the applicant, any principal, manager or any cable operator of which any principal or manager was or is a principal or manager has ever been a party to a civil proceeding in which he or it was held liable for any of the following, or is now a party to any such proceedings or investigations: unfair or anti-competitive business practice, antitrust violations (state and federal), including, but not limited to instances in which consent decrees were entered, violations of securities laws (state and federal), false/misleading advertising violations of FCC, FTC or SEC regulations, racketeer influenced and corrupt organizations, or contraband forfeitures. If "yes" in any instance, provide specifics. (c) Franchise violations. Advise whether the applicant, any principal, manager, or any cable operator of which any principal or manager was or is a principal or manager has ever been subject to any penalty, criminal or civil, involving failure to comply with the requirements of a cable television fi'anchise. If"yes," provide specifics. (d) Legal action against franchising authority. Advise whether the applicant, any principal, manager or any cable operator of which any principal or manager was or is a principal or manager has ever instituted legal action against any of its franchising authorities. If "yes," describe action and result. (e) Revocation of licenses. Advise whether the applicant, any principal, manager, or any cable operator of which any principal or manager was or is a principal or manager has ever had a business license (defined to include FCC licenses, alcoholic beverage and restaurant licenses, etc.) revoked, suspended or renewal denied, or is a party to a proceeding which may result in same. If "yes" in any instance, provide specifics. (18) Small cable operator. Where an applicant is a small cable operator, the operator shall include in its application a statement (a) identifying any provisions of this chapter which it believes should be inapplicable to its franchise or cable system; and (b) the legal authority under federal and state law upon which the applicant is basing its request for a waiver of such provision(s). 13 ORD. NO. 18-03 (19) An affidavit or declaration of the applicant or authorized officer certifying thc troth and accuracy of the information in the application, acknowledging the enfomeability of application commitments, and certifying that the proposal meets all federal and state law requirements. (F) An application for modification of a franchise agreement shall include, at a minimum, the following information: (1) The specific modification requested; (2) The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved; (3) A statement whether the modification is sought pursuant to 47 U.S.C. §545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. §545; (4) Any other information reasonably necessary for the City to make an informed determination on the application for modification; and (5) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all federal and state law requirements. (G) An application for renewal of a franchise shall comply with the requirements of Section 93.26. (H) An application for approval of a transfer of a franchise shall comply with the requirements of Section 93.27. (I) To be acceptable for filing, an application shall be accompanied by a non-refundable filing fee in the following applicable amount: 2. 3. 4. 5. For a new or initial franchise:... $15,000 For renewal of a franchise:... $15,000 For a transfer ora franchise (other than a pro forma transfer): ... $5,000 For a pro forma transfer of a franchise:... $2,000 For modification ora franchise agreement, including pursuant to 47 U.S.C. § 545:.. $3,000 For any other relief:... $2,000 The purpose of the filing fee is to defray a portion of the City's costs in processing an application. Unless otherwise prohibited by applicable federal law, the filing fee is a charge incidental to the awarding or enforcing of a franchise within the meaning of 47 U.S.C. § 542(g)(2)(D). Therefore, the filing fee is not included within the meaning of the term "franchise fee," it may not be deducted from the franchise fee 14 ORD. NO. 18-03 imposed in a franchise agreement or credited against payments made pursuant to Florida Telecommunications Tax Simplification Act (FI. Stat), and it shall not be passed through to subscribers. In addition, the City, in considering and processing the application, may retain consultants, experts and attorneys. Prior to final consideration of the application by the City, the City shall bill the applicant for the amount of the retainee's reasonable fee due as of the date of billing, and its method of calculation, and the applicant shall pay such amount. Unless otherwise prohibited by applicable federal law, this fee is a charge incidental to the awarding or enforcing of a franchise within the meaning of 47 U.S.C. §542(g)(2)(D). Therefore, it is not included within the meaning of the term "franchise fee," it may not be deducted from the franchise fee imposed in a franchise agreement, and it shall not be passed through to subscribers. Section 93.10 REVIEW OF APPLICATION. (A) Information. The City shall, upon request of the applicant, provide the applicant with information and application forms, if any, regarding the application process. (B) City Manager. Upon the applicant's submitting an application, the City Manager shall review the application and notify the applicant as to any facial deficiencies. (C) Additional information. The City Manager shall review the application to ensure that all information required is submitted. The City Manager may request relevant additional information of the applicant at any time during the application process. (D) Completeness of application. The City Manager shall approve, reject as incomplete or deficient, or approve with conditions the application. Upon approval or, if approved with conditions, upon the conditions being met, the City Manager shall notify the City Clerk to advertise the public hearing at which the City Commission will consider the application. The advertisement shall be published by the City Clerk in a newspaper of general circulation in Palm Beach County once weekly for two (2) consecutive weeks not more than twenty-one (21) days nor less than ten (10) days prior to the public hearing. (E) Summary report. The City Manager shall issue or cause to be issued a report summarizing the application. It shall be presented to the City Commission. Section 93.11 GRANT OF FRANCHISE. (A) The City may grant an initial franchise for a period not to exceed fifteen (15) years to serve all or a specified area of the City. (B) The City may condition the grant of an initial franchise upon the completion of construction of a cable system within a reasonably prescribed time period or upon the performance of other specific obligations which are to be set forth in the franchise agreement, specifying that failure to comply with the condition will cause the franchise to become revocable. 15 ORD. NO. 18-03 (C) In evaluating the grant, renewal or transfer of a franchise, the City Commission may consider, among other things, the following factors: the applicant's technical, financial, and legal qualifications to construct and operate the proposed system; the adequacy of the proposed construction arrangements, the adequacy of proposed financing, facilities, equipment, and services based on the public convenience, safety and welfare; the applicant's experience in constructing and operating cable systems and providing cable service in other communities, if any; the ability of the public tights-of-way to accommodate the proposed system; the potential disruption to users of the public tights-of-way and any resultant inconvenience to the public; and whether the proposal will meet reasonably anticipated community needs and serve the public' interest. (D) The City Commission shall hold a public hearing to consider an application for the grant of an initial franchise renewal, transfer or modification of a franchise. The applicant shall be notified of the hearing and shall be given an opportunity to be heard. Based upon the application, the testimony presented at the public hearing, any recommendations of the City staff, and any other information relevant to the application, the City Commission shall decide whether to grant or deny the application and decide the terms and conditions of any grant. Following at least ten (10) days prior notice to the grantee and the public, the City Commission shall hold a public hearing to consider approval of the proposed franchise agreement. (E) After complying with the above requirements, the City Commission shall approve or disapprove the proposed franchise agreement, or may direct that it be subject to further negotiation. Section 93.12 INSURANCE AND INDEMNITY. (A) Insurance. (1) Within thirty (30) days after the effective date of the franchise agreement and prior to any operations under the franchise, the franchisee shall provide proof of the insurance described below against claims for liability and damages charged against the City or the franchisee as a result of the franchise granted hereunder. Such insurance shall be with an insurance company authorized to do business in the State of Florida with a best rating of no less than A-VII and shall be maintained throughout the term of the fi'anchise. It shall include, at a minimum, the following types and amounts of insurance coverage: (a) Commercial general liability ---five million dollars ($5,000,000.00) combined single limit, covering: 1. Personal injury and bodily injury; 2. Broad fonn property damages without XCU exclusions; 3. Products/completed operations; and 4. Contractual liability to apply to the liability assumed by the franchisee under the franchise agreement. 16 ORD. NO. 18-03 (b) Business automobile liability ---five million dollars ($5,000,000.00) combined single limit for bodily injury liability and property damage liability, covering owned, leased, hired and non-owner vehicles. (c) Broadcasters' errors and omissions (or similar form) ---one million dollars ($1,000,000.00), covering infringement of copyrights. (d) Workers' Compensation coverage required by the state and employer's liability ---Five Hundred Thousand Dollars ($500,000.00). (2) The insurance coverage obtained by the franchisee in compliance with this subsection shall be approved by the City and certificates of insurance with thirty (30) days prior notice of cancellation or material change shall be filed and maintained with the City Manager during the term of the fi.anehise. The insurance coverage and policy requirements may be changed fi.om time to time at the discretion of the City Commission to reflect changing liability exposure and limits. A franchisee shall have ninety (90) days fi.om the date of receipt of notice to comply with any such increase. (3) Insurance policies maintained pursuant to the franchise shall contain the following conditions by endorsement: (a) The City shall be designated as an additional insured in the Commercial General Liability Insurance, and the term "owner" or "county" shall include all authorities, boards, divisions, departments and offices of the City and the individual members, employees, agents and contractors thereof in their official capacities and/or while acting on behalf of the City. (b) Each policy shall be endorsed to provide the City with thirty (30) days written notice of cancellation of or a material change in the policy. (c) Insurers shall have no right of subrogation or recovery against the City, it being the intention that the insurance policies shall protect the City and shall be primary coverage for all losses covered by the policies. (B) Indemnity. A franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its officials, boards, commissions, commissioners, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the construction, maintenance or operation of its cable system, the conduct of the fi.anchisee's business in the City, or in any way arising out of the fi.anchisee's enjoyment or exercise of a franchise granted hereunder, provided, however, that the fi.anchisee's obligation hereunder shall not extend to any claims caused by the misconduct or negligence of the City, its officials, boards, commissioners, agents or employees. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings; claims arising out of copyright infringements or a 17 ORD. NO. 18-03 failure by the franchisee to secure consents from the owners, authorized distributors, or providers of programs to be delivered by the cable system; claims arising out of 47 U.S.C. § 558; and claims against the franchisee for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, sen, ice mark or patent, or of any other right of any person. Nothing in this section shall prohibit the City, at the City's discretion, from participating in the defense of any litigation by its own counsel and obtaining indemnification of the reasonable costs associated therewith if in the City's reasonable belief there exists or may exist a conflict of interest. Section 93.13 SECURITY FUND. (A) The franchisee shall post and keep posted with the City a cash security deposit or non-revocable letter of credit or a surety bond in a form and in an amount approved by the City to be used as a security fund to ensure the franehisee's faithful performance of and compliance with all terms and provisions of this chapter, the franchise agreement and other applicable law, compliance with all orders, permits and directions of the City, the payment by the franchisee of any claims, liens, fees, or taxes due the City which arise by reason of the construction, operation or maintenance of the system, and to indemnify the City against all losses that it may suffer in the event the franchisee fails to comply with any term or provision of this chapter, the franchise agreement or other applicable law. The exact form and amount of the security fund as set forth in a franchise agreement shall be an amount necessary to protect the public, to provide adequate incentive to the franchisee to comply with this chapter and the franchise agreement, and to enable the City to effectively enforce compliance therewith. The franchise agreement shall provide for the procedures to be followed with respect to the security fund. (B) The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the City and Surety shall be a nationally recognized Surety Company acceptable to the City, listed on the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department, all bonds shall be placed with sureties with a Best Rating of no less than A-VII. Bonds shall be executed and issued by a resident agent, licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, representing suer corporate sureties. If the Franchisee is a parmership, the Bond should be signed by each of the individuals who are parmers; if a corporation, the Bond should be signed in the correct corporate name by duly authorized officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the Franchise. Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of Power-of-Attorney or other certification of authority where bond is executed by agent, officer or other representative of Franchisee or Surety; (c) duly certified extract from by-laws or resolutions of Surety under which Power-of-Attorney, or other certificate of Authority of its agent, officer or representative was issued. (C) If the surety on any Bond furnished by Franchisee is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 18 ORD. NO. 18-03 B, Franchisee shall within ten (10) days thereafter substitute another Bond, Surety or cash deposit which must be in conformance with paragraph B. (D) The security fund shall be maintained at the mount specified in a Franchise Agreement, even if amounts have to be withdrawn and replenished pursuant to subsection F. (E) If the franchisee fails to pay the City any compensation within the time fixed herein, fails to pay any fines, fails to repay the City within ten (10) days any damages, costs or expenses which the City is compelled to pay by reason of any act or default of the franchisee in connection with the franchise, or fails, after fifteen (15) days notice by the City of failure to comply with any provision of the franchise agreement which the City reasonably determines can be remedied by demand on the security fund, the City may immediately withdraw the amount thereof, with interest and any penalties, from the security fund. Upon such withdrawal, the City shall notify the franchisee of the amount and the date thereof. (F) Within thirty (30) days after notice to it that any amount has been withdrawn from the security fund deposited pursuant to subsection A above, the franchisee shall pay to, or deposit with, the City a sum sufficient to restore such security fund to the amounts specified in subsection A, whatever the case may be. Failure to replenish the security fund shall subject the franchisee to penalties. However, replenishment is without prejudice to the franchisee's fight under Section 93.25 to contest the validity of the City's withdrawal of money from the security fund. (G) The rights reserved to the City with respect to the security fund posted pursuant to this section are in addition to all other rights and remedies the City may have under this chapter, the franchise agreement, or at law or equity, and no action, proceeding or exemise of a right with respect to such security fund shall affect any other right or remedy of the City. (H) The portion of the security fund deposited pursuant to this section necessary to compensate the City for damages and costs sustained shall become the property of the City in the event that the franchise is canceled or terminated by reason of the default of the franchisee. The franchisee, however, shall be entitled to the return of such security fund, or portion thereof, without interest, as remains on deposit with the City at the expiration of the term of the franchise, provided that there is then no outstanding default on the part of the franchisee. Section 93.14 CONSTRUCTION BOND. (A) A franchise agreement shall provide that, prior to any cable system conslruction, upgrade, rebuild or other significant work in the public rights-of-way, a franchisee shall establish in the City's favor a construction bond in an amount specified in the franchise agreement or other authorization as determined by the City to ensure the franchisee's faithful performance of construction of the cable system, upgrade, rebuild or other work in the public rights-of-way. (B) The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the City and Surety shall be a nationally recognized Surety Company acceptable to the City, listed on the 19 ORD. NO. 18-03 current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Depm'tment, all bonds shall be placed with sureties with a Best Rating of no less than A-VII. Bonds shall be executed and issued by a resident agent, licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, representing such corporate sureties. If the Franchisee is a parmership, the Bond should be signed by each of the individuals who are parmers; if a corporation, the Bond should be signed in the correct corporate name by duly authorized officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the Franchise. Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of Power-of-Attorney or other certification of authority where bond is executed by agent, officer or other representative of Franchisee or Surety; (c) duly certified extract from by-laws or resolutions of Surety under which Power-of-Attorney, or other certificate of Authority of its agent, officer or representative was issued. (C) If the surety on any Bond furnished by Franchisee is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph B, Franchisee shall within ten (10) days thereafter substitute another Bond, Surety, or cash deposit which must be in conformance with paragraph B. (D) In the event a franchisee subject to such a construction bond fails to complete the cable system construction, upgrade, rebuild or other work in the public rights-of-way in a safe, timely and competent manner in accordance with the provisions of the franchise agreement, then there shall be recoverable from the principal or surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the franchisee, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The City may also recover against the bond any amount recoverable against the security fund pursuant to Section 93.13 where such amount exceeds that available under the security fund. (E) The franchise agreement may specify that sixty (60) days after completion of the cable system construction, upgrade, rebuild or other work in the public rights-of-way and payment of all construction obligations of the cable system, the Franchisee may eliminate the bond or reduce its amount unless the City has made a demand against the deposit or notified Franchisee of a potential claim and requested maintenance of the security. However, the City may subsequently require the reestablishment of or an increase in the bond amount for any subsequent construction, upgrade, rebuild or other work in the public rights-of-way. (F) The construction bond shall be subject to the approval of the City's Risk Manager and the City Attorney, and shall provide that: "This bond may not be canceled, or allowed to lapse, until ninety (90) days after receipt by the City, by certified mail, return receipt requested, of a written notice fi'om the issuer of the bond of intent to cancel or not to renew." 20 ORD. NO. 18-03 (G) The rights reserved by the City with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this chapter, the franchise agreement, or at law or equity, and no action, proceeding or exercise of a right with respect to such bond shall effect any other right or remedy of the City. Section 93.15 MINIMUM FACILITIES AND SERVICES. (A) The following minimum requirements for facilities and services apply to all franchises. The City may require in a franchise agreement that a franchisee exceed these minimum requirements where it determines, under circumstances existing at the time of a grant of the application, that the additional requirements are necessary to meet the City's future cable related needs and interests or to serve the public interest. The franchisee shall be responsible for obtaining all necessary governmental and private approvals to satisfy such minimum requirements. City personnel shall not be responsible for submitting information to the franchisee to ensure that all such approvals are obtained. (1) Any cable system that enters into a franchise agreement including, but not limited to a renewal, or commences construction, including but not limited to initial construction, rebuild, upgrade, or reconstruction after the effective date hereof, shall have a minimum capacity of not less than 750 MHz capacity and activated channels of no less than 84 analog channels or the digital equivalent. A franchise agreement may require a larger minimum channel capacity. (2) The City shall require that a franchisee provide access channels, facilities and other support for educational, govemmental and/or public use consistent with Section 93.18. (3) At the request of the City Manager, a franchisee shall cablecast City Commission meetings on a governmental access channel live to all of its subscribers located within the City. (4) A franchisee shall provide leased access channels as required by federal taw. (5) At the request of the City Manager, a franchisee shall provide at least one cable television service outlet per floor and, when available on its system, at least one additional outlet equipped for on-line access to all City owned or leased buildings and facilities, all buildings and facilities used for a municipal purpose and all public schools that are passed by its cable system, at no cost to the City or the public schools involved, and shall charge no more than its time and material costs for providing any such additional service outlets to such facilities or service to additional facilities. (6) (a) At the request of the City Manager, a franchisee shall interconnect its cable system with all other cable systems operating within the City and, to the extent required by law, with other providers of video programming (i) through independent intercounection or (ii) through connection to a central facility designated by the City. Said interconnection shall be completed and activated no later than six (6) months after the date of receipt of notice by the City Manager unless the City Manager has extended the deadline or waived this obligation upon a showing by a Franchisee of non-feasibility. 21 ORD. NO. 18-03 (b) Any application for an initial franchise, a renewal of an existing franchise, or a transfer of a franchise, which may not have interconnected shall include a proposal for interconneetinn. (c) The costs of such intemonnection shall be equitably distributed among the franchisee and the other systems linked based on each affected franchise's respective number of subscribers. (7) To the extent required by federal law, a franchisee shall make available to its subscribers equipment capable of decoding closed cimuit captioning information for the hearing impaired. A franchisee may impose a reasonable charge for such equipment. (8) Standard installation shall consist of a drop, not exceeding one hundred twenty five (125) feet from the cable plant to the nearest pm of a subscriber's residence. (9) Cable which is installed underground in public right-of-way shall be installed a minimum depth of thirty (30) inches. (10) A franchisee shall provide and maintain "general" standby power for each headend. "Battery" standby power for its system plant shall also be available to provide for up to two (2) hours of continuous operation of the system. (11) To the extent permitted by applicable law, a franchisee shall incorporate into its cable system the capability for the City in times of emergency to override the audio portion of all channels simultaneously, and the franchisee shall designate a channel (it may be the governmental access channel) which shall be used for emergency broadcasts of both audio and video. The franchisee shall also be responsible for ensuring that its cable system is designed, constructed and maintained to ensure compliance with all applicable federal laws and regulations regarding the emergency alert systems. (12) The cable system and all equipment shall be designed and rated for twenty-four (24) hour seven (7) day-a-week continuous operation. (13) The signals produced by the cable system shall be of high quality throughout the cable system with no difference perceptible to viewers regardless of whether they are in close proximity to the headend or at the furthest extension of the trunk line. 03) Unless a franchise agreement provides otherwise, and subject to Section 93.17, a franchisee shall make cable service available to every dwelling within the franchisee's designated service area as defined in a franchise agreement. 22 ORD. NO. 18-03 Section 93.16 TECHNICAL STANDARDS. (A) Any cable system within the City shall at a minimum meet the technical standards of the FCC or other applicable federal or state technical standards, including any such standards as hereinafter may be amended or adopted, including but not limited to digital transmission, HDTV or other advanced technologies. To the extent required by federal law and FCC rules, all television signals transmitted on a cable system shall include closed circuit captioning information for the hearing impaired. Antennas, supporting structures, and outside plants used in the system shall be designed to comply with all generally accepted industry practices and standards and with all laws. (B) All construction, installation and maintenance shall comply with the National Electrical Safety Code, the National Electric Code, the Standard Building Code, and all laws and accepted industry practices, as hereinafter may be amended or changed or as hereinafter may be adopted or adopted with amendments by the City. (C) To the extent required by FCC rules, the franchisee shall perform at its expense proof of performance tests. At the request of the City, the franchisee shall provide the test results throughout the term of its franchise. The City shall have the right to inspect the cable system during and after its construction to ensure compliance with the requirements of the franchise agreement, this chapter, and FCC standards, provided such inspection does not unreasonably interfere with the franchisee's operation of the system. (D) The City may require any other tests as specified in a franchise agreement or applicable law or regulation, to be performed at the expense of the franchisee. The franchisee shall provide the test results to the City within thirty (30) days of completion of the tests. If test results show compliance with applicable federal standards, the City shall reimburse the franchisee for the costs of the test performed. (E) A franchisee shall not design, install or operate its facilities in a manner that will interfere with the signals of any broadcast station, the facilities of any public utility, the cable system of another franchisee, or individual or master antennas used for receiving television or other broadcast signals in violation of any applicable laws or regulatory standards. Section 93.17 STRANDING. (A) Strand-mile density. (1) Unless a more stringent standard is required under a franchise agreement, a franchisee shall be required to extend its distribution facilities and provide service to residential and nonresidential subscribers in any area within the franchise area as designated in a franchise agreement where there exists fifteen (15) dwelling units for each strand-mile of cable extension required or portion thereof where the ratio of fifteen (15) dwelling units per strand-mile is maintained. In the case of any multiple dwelling unit or planned unit development each individual unit shall be considered a unit and shall be considered a subscriber. In the case of an overbuild, the franchisee having the technically feasible distribution point 23 ORD. NO. 18-03 City Manager. Stranding to prevent a competitor fi.om serving an area shall be prohibited. The franchisee shall remove the old facilities and equipment no later than ninety (90) days after activation of the new facilities and equipment. Section 93.18 ACCESS CHANNELS AND FACILITIES. (A) Unless its franchise agreement expressly provides otherwise, a franchisee shall make available, without charge, government and educational channels, as follows: (1) A minimum of one (1) local government access channel for the exclusive noncommercial use of the City of Delray Beach, Florida, the allocation and use of such to be determined by the City Commission; and (2) All educational and government access channels carrying programming of the Palm Beach County School Board and other designated educational institutions within Palm Beach County. Such channels shall be interconnected with the educational channels of other cable systems operating in adjacent municipalities and areas within the County. (B) (1) Any application for an initial franchise or renewal of an existing franchise shall include a proposal for the provision of educational and local government access channels and equipment and facilities relating to such channels sufficient to meet the City's needs and interests, taking into account the cost of meeting such needs and interests. At a minimum, a franchisee shall provide the following number of dedicated access channels: one (1) channel for governmental access; and one (1) channel for educational access, which will include coverage of programming of the Palm Beach Public School Board. Such channels shall be used exclusively for purposes of educational, governmental access programming unless the City has provided notice to a Franchisee of the availability of excess time on the channel. The franchisee shall carry and transmit on its lowest basic service level the educational (E) and governmental (G) programming carded and transmitted on the access channels approved by the City. These signals shall be of high quality and made available to the City at no fee. (2) In addition, all such applications shall include a proposal with respect to the amount of the support (in the form of a financial grant, equipment, facilities, technical services or other support) to be provided by the fianchisee to the City for PEG-related activities sufficient to meet the City's needs and interests, taking into account the cost of meeting such needs and interests. The City may request a proposal for an institutional network. All applications shall contain a statement to the effect that the franchisee agrees that to the extent such support represents capital costs associated with PEG facilities within the meaning of 47 U.S.C. §542(g), such support does not constitute a franchise fee within the meaning of federal or state law. (C) Local government and educational access channels shall be used exclusively for the non - commercial purposes designated by the City Commission. 25 ORD. NO. 18-03 Section 93.19 FRANCHISE FEE. (A) Unless prohibited by applicable law, a Franchisee, as compensation for the privilege granted under a franchise for the use of the public rights-of-way to construct, maintain and operate a cable system, shall pay the City a franchise fee in an amount of either (1) five percent (5%) of the franchisee's gross revenues; or (2) in the event 47 U.S.C. §542 or other applicable law is amended to permit the City to assess a franchise fee of a greater pementage or amount than that specified in subsection (1) above, or on a broader revenue basis than defined in this chapter, the franchisee shall pay the City the new pementage or amount as established by the City Commission after a public hearing of which the fianchisee has received notice. (B) Unless prohibited by applicable law, a Franchisee shall pay the franchise fee due to the City on a quarterly basis. Payment for each quarter shall be made to the City not later than forty-five (45) calendar days after the end of each calendar quarter. All payments shall be accompanied by a calculation of gross revenue certified by a certified public accountant or the franchisee's chief financial officer. (C) A franchisee shall file with the City, on a quarterly basis with the payment of the franchise fee, a financial statement setting forth the computation of gross revenues used to calculate the franchise fee for the preceding quarter and a detailed explanation of the method of computation. The statement shall be certified by a certified public accountant or the franchisee's chief financial officer. The franchisee shall bear the cost of the preparation of such financial statements. (D) Subject to applicable law, no acceptance by the City of any franchise fee payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for additional sums payable. (E) The franchise fee payment is not a payment in lieu of any other tax, fee or assessment. (F) Unless prohibited by applicable law, the City may, from time to time, and upon reasonable notice, but in no event not less than ten (10) days prior notice, inspect and audit any and all books and records of the franchisee relevant to the determination of gross revenues and the computation of franchise fees due, and may recompute any amounts determined to be payable under the franchise. The cost of the audit shall be borne by the franchisee if, as a result of the audit, the City determines that the franchisee has underpaid the franchise fees owed in an amount equal to or exceeding three percent (3%) of the franchise fees actually paid. A franchisee shall make all books and records necessary to satisfactorily perform the audit readily available for inspection to the auditors in the City, or in the alternative, the franchisee shall pay all costs necessary for the City to perform the audit at a location outside the City. (G) In the event that a franchise fee payment is not received by the City on or before the due date set forth in subsection B above, or is underpaid, the franchisee shall pay a late charge of eighteen percent (18%) per annum of the amount of the unpaid or underpaid franchise fee payment, provided, however, that such rate does not exceed the maximum amount allowed under Florida law, and that the franchisee shall not be responsible for paying interest on delinquent franchise fees resulting from erroneous database information provided by the City. Any interest and/or late charge paid by the franchisee is intended to be a 26 ORD. NO. ! 8-03 charge incidental to the enforcement of a franchise within the meaning of 47 U.S.C. §542(g)(2)(D), and may not be deducted from the franchise fee imposed by this chapter or any franchise agreement. Furthermore, the City may invoke all rights and remedies available under applicable law and this chapter. (H) If a franchise is revoked or terminates for whatever reason, the franchisee shall file with the City within sixty (60) calendar days of the date its operations in the City cease, a financial statement, certified by a certified public accountant or the franchisee's chief financial officer, showing the gross revenues received by the franchisee since the end of the previous fiscal year. Adjustments shall be made at that time for franchise fees due to the date that the franchisee's operations ceased. (1) Any mmsaction or arrangement which has the effect of circumventing payment of franchise fees and/or evasion of payment of franchise fees (for example, by non-collection of revenues, non-reporting of revenues, collection of revenues by parents, affiliates or subsidiaries, bartering, or any other means) from the operation of the franchisee's cable system to provide cable service in the City is strictly prohibited. (J) As of the date hereof, the City recognizes that Florida Law prohibits the City from collecting a franchise fee as set forth in this Section 93.19. However, the City hereby reserves all authority it may now or subsequently have to collect franchise fees from cable franchisees or other users of the public fights of way within the City. Section 93.20 REPORTS AND RECORDS. (A) Within forty-five (45) days after the expiration of the calendar quarter and upon written request by the City, a franchisee shall provide the City a quarterly report which includes the following information: (1) A summary of the previous quarter's activities in development of the system, including but not limited to, services initiated or discontinued, number of subscribers for each tier or type of service (including gains and losses), homes passed, and miles of cable distribution plant in service. The summary shall also include a comparison of any construction, including system upgrades, during the quarter with any projections previously provided to the City, as well as rate and charge increases and/or decreases for the previous fiscal year. (2) A copy of updated strand maps depicting the location of all cable plants, showing areas served and locations of all trunk lines and feeder lines in the City. When such maps are generally available in digitized form, those maps shall be made available in digitized form to the City at the franchisee's expense. Upon request by the City, as-built maps may be reviewed at the local office of the franchisee. (3) A summary of the number, type and duration of outages, the reason for the outage, and the number of subscribers affected. (4) A log of all subscriber complaints, including the date of the complaint, nature of the complaint and the date and form of resolution of the matter. 27 ORD. NO. 18-03 (B) Unless prohibited by applicable law, upon request of the City, a franchisee shall provide, on an annual basis and upon written request, the following documents to the City as received or filed, without regard to whether the documents are filed by the franchisee or an affiliate: (1) A financial statement, including a statement of revenues and a statement of sources of revenues. The statement shall be audited if the franchisee has statements audited in its normal course of business. If not, the statement shall be certified by a certified public accountant or the officer of the franchise. The statement shall include notes that specify all significant accounting policies and practices upon which it is based. A summary shall be provided comparing the current year with previous years since the beginning of the franchise. (2) If the franchisee is a corporation, a list of officers and members of the board of directors; the officers and members of the board of directors of any parent corporation; if the franchisee or its parent corporation's stock or ownership interests are publicly traded, a copy of its most recent annual report; and a list of all persons holding five percent (5%) or more ownership or otherwise cognizable interest in the franchisee pursuant to 47 C.F.R. 76.501. (3) A copy of the franchisee's rules and regulations applicable to its subscribers. (4) A full schedule and description of services, service hours and location of the franchisee's customer service offices) available to subscribers, and a schedule of all rates, fees and charges for all services provided over the cable system. (5) Any and all pleadings, petitions, applications, communications, reports and documents (collectively referred to as "filings") submitted by or on behalf of the franchisee to the FTC, FCC, SEC, FPSC or any state or federal agency, court or regulatory commission, which filings may impact the franchisee's operation of the franchisee's cable system or that may impact the City's fights or obligations under this chapter or the franchise agreement issued pursuant to this chapter, and any and all responses, if any, to the above mentioned filings. (6) Any and all notices of deficiency, forfeiture, or documents instituting any investigation, civil or criminal proceeding issued by any state or federal agency regarding the cable system, franchisee, or any affiliate of the franchisee, provided, however, that any such notice or documents relating to an affiliate need be provided only to the extent the same may directly or indirectly affect or bear on the franchisee's operations in the City. (7) Any request for protection under bankruptcy laws or any judgment related to a declaration of bankruptcy. (8) Notwithstanding anything to the contrary, the franchisee shall provide the City, within thirty (30) days of filing or receipt of such, any document that may adversely impact the construction, operation or maintenance of the franchisee's cable system. 28 ORD. NO. 18-03 (C) Upon written request by the franchisee and subject to applicable law, including Chapter 119 of the Florida Statutes, information of a proprietary nature submitted by the franchisee to the City pursuant to this chapter or a franchise agreement shall not be made available for public inspection. The City shall promptly notify a franchisee of any request it receives from a third party for such information. Section 93.21 CUSTOMER SERVICE REQUIREMENTS. (A) A franchisee shall maintain all parts of its system in good condition and, at minimum, in accordance with standards no less than those generally observed by the cable television industry. A sufficient number of employees shall be retained to provide safe, adequate, and prompt service for all of its customers and facilities. (B) Business office. (1) A franchisee shall maintain an office and service center located within the City or no further than five (5) road miles from the City's border to which subscribers may visit and telephone without incurring added message units or toll charges. This business office shall be open from, at minimum, 8:00 a.m. to 5:30 p.m., Monday through Friday, and 9:00 a.m. to 1:00 a.m. on Saturday. This business office shall be so operated that complaints and requests for repairs or adjustments may be received by telephone twenty-four (24) hours per day, seven (7) days per week including holidays. A franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars ($200.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (2) If franchisee does not locate its business office within five (5) road miles of the city limits of the city, it shall either provide subscribers free pick-up and delivery of decoder boxes, remote controls and other cable television customer premises equipment within twenty-four (24) hours of receiving a customer's request for such pick-up or delivery; provide a customer service center located within five (5) road miles of the city limits of the city, said customer service center to be adequately equipped and staffed to enable subscribers to pay bills and to pick up and return, all cable television customer premises equipment. Customer service centers shall be open from 8:00 a.m. to 5:00 p.m., with at least one night being open until 9:00 p.m., Monday through Friday. In addition, the customer service center(s) must be open at least during the hours of 10:00 a.m. to 2:00 p.m. on Saturday. The business office or customer service center shall provide adequate parking, adequate seating and an air conditioned waiting area. A franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars ($200.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (C) Franchisee shall maintain a publicly listed local, toll-free telephone number and employ a sufficient number of telephone lines, personnel and answering equipment or service to allow reasonable access by subscribers and members of the public to contact the franchisee on a full-time basis, twenty-four (24) hours per day, seven (7) days per week including holidays. Knowledgeable, qualified franchisee 29 ORD. NO. 18-03 representatives will be available to respond to customer telephone inquiries, Monday through Friday fi.om 8:30 a.m. to 8:00 p.m.; and on Saturday fi.om 8:30 a.m. until 5:00 p.m. With respect to those calls received during the hours which franchisee is not required to provide qualified franchisee representatives under this subsection, an answering machine or service capable of receiving and recording service complaints shall be employed. Franchisee shall comply with the telephone answer time standards set forth in subsection (D) below. A franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars ($200.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (D) Franchisee shall answer all customer service and repair telephone calls made under normal operating conditions within thirty (30) seconds, including wait time and within an additional thirty (30) seconds to transfer the call. Customers shall receive a busy signal less than three (3) percent of the time. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. Franchisee shall submit a monthly telephone log report to the City on a quarterly basis no later than the 15" of the month following the last month of each quarter. A franchisee shall be subject to liquidated damages in the amount of Five Hundred Dollars ($500.00) for each month Franchisee fails to satisfy the standard set forth herein. (E) A fi.anchisee shall employ and maintain sufficient planned personnel and equipment to be available (i) to accept payments; (ii) to exchange or accept converters or other equipment; (iii) to initiate service installations, undertake normal repairs, and initiate action with respect to subscriber service complaints on Monday through Friday, fi.om 8:30 a.m. to 6:00 p.m., and on Saturday fi.om 8:00 a.m. through 5:00 p.m.; and (iv) to enable a service technician to respond to any service call received between 8:00 a.m. and 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays, by the end of the next day, seven (7) days a week including holidays. A franchisee shall be subject to liquidated damages in the amount of Five Hundred Dollars ($500.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (F) Franchisee must meet each of the following standards no less than ninety-five (95) percent of the time under normal operating conditions as measured on a quarterly basis: (1) Standard installation work shall be performed within seven (7) calendar days after an order has been placed except in those instances where a subscriber specifically requests an installation date beyond the seven (7) calendar day period. "Standard" installations are up to one hundred twenty-five (125) feet fi.om the existing distribution system. If scheduled installation is neither started nor completed as scheduled, the subscriber will be telephoned by an employee of the franchise the same day. Evening personnel shall also attempt to call subscribers at their homes between the hours of 5:30 and 8:00 p.m. If the call to the subscriber is not answered, an employee of the franchisee shall telephone the subscriber the next day. A franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars ($200.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. 30 ORD. NO. 18-03 (2) Franchisee will respond to service interruptions promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Other service problems will be responded to promptly and in no event later than forty-eight (48) hours after the problem becomes known. All service interruptions, and service problems within the control of franchisee, will be corrected within seventy-two (72) hours after receipt of a complaint. A franchisee shall be subject to liquidated damages in the amount of One Hundred Dollars ($100.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (3) The appointment window alternatives made available for installations, service calls, repairs, and other installation activities will be either a specific time, a four-hour time block during normal business hours, or at the election and discretion of the subscriber, "all day". A franchisee shall be subject to liquidated damages in the amount of One Hundred Dollars ($100.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (4) Franchisee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. A franchisee shall be subject to liquidated damages in the amount of One Hundred Dollars ($100.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (5) If at any time an installer or technician is miming more than thirty (30) minutes late for a scheduled appointment, an attempt to contact the customer will be made and the appointment rescheduled as necessary at a time which is convenient for the customer. A franchisee shall be subject to liquidated damages in the amount of One Hundred Dollars ($100.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (G) Installation work shall be prioritized as follows: (1) Service change and rescheduling of appointments for existing subscribers; (2) Installation of service for new subscribers; (3) Disconnection of service for existing subscribers. Subscribers who have experienced two (2) missed installation or service appointments due to the fault of franchisee shall receive installation free of charge. If the installation was to have been provided free of charge or if the appointment was for service or repair, the subscriber shall receive three (3) months of the most widely subscribed to service tier free of charge. (H) Disconnection. (1) Voluntary disconnection, A subscriber may terminate service at any time. 31 ORD. NO. 18-03 b. A franchisee shall promptly disconnect any subscriber who so requests from the franchisee's cable system. No period of notice prior to voluntary termination of service may be required of subscribers by any franchisee. So long as the subscriber returns equipment within three (3) business days of the disconnection, no charge may be imposed by any franchisee for such voluntary disconnection, or for any cable services delivered after the date of disconnect request. A franchisee shall be subject to liquidated damages in the amount of One Hundred Dollars ($100.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. c. A subscriber may be asked, but not required, to disconnect the franchisee's equipment and remm it to the business office. d. Any security deposit and/or other funds due the subscriber shall be refunded on disconnected accounts alter the converter has been recovered by the franchisee. The refund process shall take a maximum of thirty (30) days from the date disconnection was requested to the date the customer receives the refund. A franchisee shall be subject to liquidated damages in the amount of Fifty Dollars ($50.00) plus interest for each violation of this section with each incident and each month or billing cycle considered a separate violation. (2) Involuntary disconnection. If a subscriber fails to pay a monthly subscriber or other fee or charge, the franchisee may disconnect the subscribers service outlet; however, such disconnection shall not be effected until forty-five (45) days alter the due date of the monthly subscriber fee or other charge, and ten (10) days advance written notice of intent to disconnect to the subscriber in question. If the subscriber pays within forty-five (45) days of the due date and alter notice of disconnection has been given, the franchisee shall not disconnect. Alter disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the franchisee shall promptly reinstate service. A franchisee shall be subject to liquidated damages in the amount of One Hundred Dollars ($100.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (3) Nothing in this article shall be construed to prevent the franchisee from removing its property from a subscriber's premises upon the termination of service. At the subscriber's request, a franchisee shall remove all of its facilities and equipment from the subscriber's premises within seven (7) calendar days of the subscriber's request. Where removal is impractical, such as with buried cable or internal wiring, facilities and equipment may be disconnected and abandoned rather than removed, unless there is a written agreement stating otherwise, provided, however, that such agreement must be consistent with applicable law and FCC rules. (I) Franchisee shall intentionally interrupt service only for good cause and for the shortest tame possible. Franchisee shall use its best efforts to insure that such interruptions shall occur only during the hours of 1:00 a.m. to 6:00 a.m. Franchisee shall maintain a written log for all intentional service interruptions. A franchisee shall be subject to liquidated damages in the amount of Five Hundred Dollars 32 ORD. NO. 18-03 ($500.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (J) Franchisee shall notify the City Manager immediately if a service interruption affects two hundred (200) or more subscribers for a time period greater than four (4) hours. A franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars ($200.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (K) Franchisee shall cause all its field employees to wear a picture identification badge indicating their employment by franchisee. This badge shall be clearly visible to the public. A franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars ($200.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (L) A fi'anchisee shall develop written procedures for the investigation and resolution of all subscriber or city resident complaints, including, but not limited to, those regarding the quality of service and equipment malfunction, which procedures shall be submitted for review and approval by the City Manager. Implementation of any such procedures prior to receipt of approval from the City Manager shall be a violation of this Ordinance and considered void ab initio. A subscriber or city resident who has not been satisfied by following the franchisee's procedures may file a written complaint with the City Manager, who will investigate the matter and, in consultation with the franchisee as appropriate, attempt to resolve the matter. A franchisea's good faith or lack thereof in attempting to resolve subscriber and resident complaints in a fair and equitable manner will be considered in connection with the franchisee's renewal application. Franchisee shall maintain a complete list of all complaints not resolved within seven (7) days of receipt and the measures taken to resolve them. This list shall be compiled in a form to be approved by the City Manager. It shall be compiled on a monthly basis. The list for each calendar month shall be supplied to the City Manager no later than the fifteenth day of the next month. Franchisee shall also maintain a list of all complaints received, which list will be available to the City Manager. A franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars ($200.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (M) Franchisee shall permit the City Manager or designee to inspect and test the system's technical equipment and facilities upon reasonable (12 to 24-hours') notice. A franchisee shall be subject to liquidated damages in the amount of One Thousand Dollars ($1,000.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (N) Franchisee shall abide by the following requirements governing communications with customers, bills and refunds: (1) Each franchisee shall provide to subscribers written information in each of the following areas at the time of installation, at least once annually, and at any future time upon request by the subscriber. A franchisee shall be subject to liquidated damages in the amount of Two Hundred Dollars 33 ORD. NO. 18-03 ($200.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. a. How to use the cable service; b. Installation and service maintenance policies; c. The products and services offered; d. Prices and service options; e. Channel positions of programming carried on the system; f. The franchisee's procedures for the receipt and resolution of customer complaints, the franchisee's address and telephone number to which complaints may be reported, and the hours of operation; g. The telephone number and address of the city's office and the county's office designated to handle cable television complaints and inquiries; h. The availability ora "lock-out" device; i. The availability of an input selector, or AB switch, and identification of those local broadcast stations not carded on franchisee's system; and j. The franchisee's information collection and disclosure policies for the protection of a subscriber's privacy. k. Complaint and dispute resolution procedures as approved by the City Manager. (2) In addition, each franchisee shall provide written notice in its monthly billing, at the request of the City Manager, of any City meeting regarding requests or applications by the franchisee for renewal, transfer or modification of its license. The City Manager shall make such a request in writing, no less than forty-five (45) days prior to the mailing of any billing by franchisee. Said notices shall be made at franchisee's expense and said expense shall not be considered part of the franchise fee assessed pursuant to this article and shall not be regarded as a franchise fee, as the term is defined in Section 622 of the Communications Act, 47 U.S.C. Section 542. (3) Franchisee's bills will be clear, concise and understandable and comply with Section (P) below. A franchisee shall be subject to liquidated damages in the amount of Fifty Dollars ($50.00) for each violation of this section with each incident and each day or part thereof considered a separate violation.. 34 ORD. NO. 18-03 (4) Refund checks will be issued promptly, but no later than the earlier of thirty (30) days or the customer's next billing cycle following the resolution of a refund request, or the return of the equipment supplied by the franchisee if service is terminated. A franchisee shall be subject to liquidated damages in the amount of Fifty Dollars ($50.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (5) Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. A franchisee shall be subject to liquidated damages in the amount of Fifty Dollars ($50.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (6) A franchisee shall provide subscribers, the City Manager, and the City Commission with at least thirty (30) days advance written notice of any changes in rates, charges, channel lineup, or initiations or discontinuations or changes of service or services offered over the cable system. A franchisee shall be subject to liquidated damages in the amount of One Thousand Dollars ($1,000.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (O) A franchisee shall, upon an affected subscriber's request, provide a pro-rated 24-hour credit to the subscriber's account for any period of four (4) hours or more within a 24-hour period during which a subscriber experienced an outage of service or substantial impairment of service, whether due to a system malfunction or other cause. A franchisee shall be subject to liquidated damages in the amount of Fifty Dollars ($50.00) for each violation of this section with each incident and each day or pm thereof considered a separate violation. (P) Billing. (1) The franchisee's first billing statement after a new installation or service change shall be pro-rated as appropriate and shall reflect any security deposit. (2) The franchisee's billing statement must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates, and credits. (3) The franchisee's billing statement must show a specific payment due date not earlier than twenty (20) days after the date the statement is mailed. Any balance not received by the due date maybe assessed a late charge consistent with applicable law. The late charge will appear on the following month's billing statement. a. The franchisee's billing statement shall show a specific due date no earlier than ten (10) days after the date of the beginning of the service period. Any balance not received within twenty-five (25) days after the due date may be assessed an administrative charge not to exceed either (1) $4.00 or (2) the actual costs directly related to the collection of balances overdue, whichever amount is higher. However, if the franchisee intends to assess an administrative charge which exceeds $4.00, before 35 ORD. NO. 18-03 assessing or continuing to assess such charge, the franchisee shall demonstrate to the satisfaction of the City that its actual costs exceed $4.00. Thereafter, whenever the franchisee intends to raise such charge by any additional amount, before raising such charge, the franchisee shall demonstrate to the satisfaction of the City that its actual costs necessitate raising such charge. The charge shall appear on the following month's billing statement. For purposes of this subsection, "actual costs" do not include such items as bad debt, the costs of field disconnection, and fixed costs which exist regardless of costs caused by late payers. In the event it is determined by the City that a franchisee has assessed a late fee in violation of this chapter, the City shall have the right to order the franchisee to pay its subscribers a refund retroactive to the date that such fee was assessed in violation of this chapter. i. Any administrative charge applied to unpaid bills shall be subject to regulation by the City consistent with applicable law. ii. A subscriber shall not be charged an administrative fee, a late fee or otherwise penalized for any failure by the franchisee, its employees, or its contractors, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely received. b. Subscribers shall not be charged a late fee or otherwise penalized for any failure by the franchisee, its employees, or contractors, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made. (4) The franchisee must notify the subscriber that he or she can remit payment in person at the franchisee's office in the City and inform the subscriber of the address of that office. (Q) Alteration of service. A franchisee may not substantially alter the service being provided to a subscriber (including by re-tiering, restructuring a tier or otherwise) without the express affirmative permission of such subscriber, unless it complies with this subsection. A franchisee shall be subject to liquidated damages in the amount of Fifty Dollars ($50.00) for each violation of this section with each incident and each day or part thereof considered a separate violation. (1) If a franchisee wishes to alter the service being provided to a subscriber (including by re-tiering, restructuring a tier or otherwise) in such a way that the subscriber will no longer be able to obtain the same package of services then the franchisee must provide the subscriber with thirty (30) days notice of such alteration, explain the substance and the full effect of the alteration, and provide the subscriber the right within the sixty (60) day period following notice, to opt to receive any combination of services offered by the franchisee. (2) Except provided herein, no charge may be made for any service or product which the subscriber has not affirmatively indicated, in a manner separate and apart from payment of the regular monthly bill, feat he or she wishes to receive. 36 ORD. NO. 18-03 (R) Franchisee shall certify in writing to the City as of January 1 and July 1 of each year based upon internal due diligence by the franchisee that to the best of fi'anchisee's knowledge it is in substantial compliance with the standards set forth in this section, said certification to be made as of a date within thirty (30) days of January 1 and July 1. At the request of the City, the franchisee shall submit such documentation, as may be required, to demonstrate franchisee's compliance with this section. This documentation shall be submitted within thirty (30) days of the franchisee's receipt of the city's request. (S) In addition to complying with the customer service requirements set forth in this chapter or in a franchise agreement, a franchisee shall comply with all customer service requirements applicable to cable systems as adopted by the FCC and any other applicable law concerning customer service requirements, consumer protection, and unfair or deceptive trade practices. (T) Negative option billing is prohibited. Accordingly, a cable operator shall not charge a subscriber for any service or equipment that the subscriber has not affwmatively requested by name. For purposes of this subsection, a subscriber's failure to refuse a cable operator's proposal to provide such service or equipment shall not be deemed to be an affirmative request for such service or equipment. (U) To the extent not inconsistent with any applicable law, the City expressly reserves the right to consider violations of the customer service requirements in evaluating any renewal, transfer or modification of any franchise agreement. Section 93.22 SUBSCRIBER PRIVACY. (A) A franchisee shall at all times protect subscriber privacy to the full extent required by 47 U.S.C. {}551 and applicable state law. (B) Additionally, a franchisee shall not condition subscriber or other service on the subscriber's grant of permission to disclose information which, pursuant to federal or state law, cannot be disclosed without the subscriber's explicit consent. No penalties or exlxa charges may be invoked by the fianchisee for a subscriber's failure to grant consent. (C) Unless otherwise permitted by federal and state law, neither the franchisee nor its agents, employees or affiliates shall, without the prior and specific written authorization of the subscriber involved, sell, or otherwise make available for commercial purposes the name, address or telephone numbers of any subscriber, or any information which identifies the individual viewing habits of any subscriber. Section 93.23 DISCRIMINATION PROHIBITED. (A) No franchisee may in its rates or charges, or in the availability of the services or facilities of its system, or in any other respect, make or grant illegal preferences or advantages to any subscriber, potential subscriber, or group of subscribers or potential subscribers, nor subject any such persons or group of persons to any illegal prejudice or any disadvantage. A franchisee shall not deny, delay, or 37 ORD. NO. 18-03 otherwise burden service or discriminate against subscribers or users on the basis of age, race, creed, religion, color, sex, disability or handicap, national origin, marital status, or political affiliation, except for discounts for senior citizens, the economically disadvantaged or handicapped that are applied in a uniform and consistent manner. A franchisee may also offer bulk discounts to multiple dwelling buildings if such discounts are applied in a uniform and consistent manner, but only to the extent such discounts are otherwise permitted by law. (B) A franchisee shall not deny cable service to any potential subscriber because of the income of the residents of the area in which the subscriber resides. (C) A franchisee shall not refuse to employ, nor discharge from employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, religion, color, sex, disability or handicap, national origin, marital status, or political affiliation. The franchisee shall comply with federal, state and local laws and regulations governing equal employment opportunities, as the same may be from time to time amended. If Franchisee violates any federal, state or local law or regulation, such violation shall be presumed a violation of this Ordinance. Section 93.24 USE OF PUBLIC RIGHTS-OF-WAY. (A) Any public rights-of-way excavated or otherwise disturbed by a franchisee shall be done under the supervision and direction of the City under permits issued for work by the City, and shall be done in such manner as to give the least inconvenience to the people of the City. A franchisee shall, at its own cost and expense, and in a manner approved by the City, replace and restore any such rights-of-way to as good a condition as before the work was done, and shall also prepare, maintain and provide to the City Engineer full and complete plats, maps and records showing the exact locations of its facilities located within the public rights-of-way, as may be required under the City's permitting procedures. (B) Except to the extent required by law, a franchisee shall, at its expense, protect, support, temporarily disconnect, relocate, or remove, any of its property when required by the City by reason of traffic conditions, public safety, street construction, street resurfacing or widening, change of street grade, installation of sewers, drains, water pipes, or any other type of governmental improvement; provided, however, that the franchisee shall, in any such case, have the privilege of abandoning any property in place. If any other franchise cable operators are reimbursed for this expense, then franchisee shall also be compensated at the same rate. (C) A franchisee shall, at the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires, cables, etcetera to permit the moving of the building. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the franchisee shall have the authority to require such payment m advance, except in the case where the requesting person is the City, in which case no such payment shall be required. The franchisee shall be given not less than seven (7) business days advance notice to arrange for such temporary cable or wire changes. 38 ORD. NO. 18-03 (D) A franchisee shall upon notice to the City of not less than seven (7) business days, have the authority to trim trees or other natural growth upon or overhanging public fights-of-way so as to prevent the bmncbes of such trees or other natural growth from contacting wires, cables or other facilities or equipment of the franchisee, except that, at the option of the City, such trimming may be done by the City or under its supervision and direction at the expense of the franchisee. (E) Underground. In those areas of the franchise area where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electrical services are underground or hereafter may be placed underground, the franchisee shall at its expense likewise construct, operate and maintain all of its transmission and distribution facilities underground. As transmission and distribution lines of such utilities are converted from overhead to underground installations within the franchise area, the franchisee's transmission and distribution system shall also be so converted. The installation of new poles shall require specific approval of the City, which consent shall not be unreasonably withheld. All installations shall be made in accordance with the National Electrical Safety Code. Upon the request oftbe City, copies of agreements between a franchisee and a third party for use of conduits, poles or other facilities shall be filed with the City, provided that the franchisee shall have the right to redact proprietary and confidential information in such agreements as it pertains to financial arrangements between the panics. (F) All wires, cables, and other transmission lines, equipment and structures shall be installed and located to cause minimum interference with the fights and convenience of property owners. The City may adopt such rules and regulations concerning the installation and maintenance of a cable system installed in, on, or over public rights-of-way, as may be consistent with this chapter, the franchise agreement and applicable local, state or federal law. (G) Ail safety practices required by law shall be followed during construction, maintenance, repair and operation of a cable system. A franchisee shall not place facilities, equipment or fixtures where they will interfere with any pre-existing gas, electric, telephone, water, sewer or other utility facilities, so as to obstruct or hinder in any manner the various utilities serving the residents of the City or their use of any street or any other public right of way. (H) A franchisee shall, at all times: (1) Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of any applicable building code or electrical safety code, and in such manner that they will not interfere with any installations of the City. (2) Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, cables, equipment, and connections in, over, under, and upon the public rights-of-way. (I) The City shall encourage, to the extent feasible, that a public utility and the franchisee cooperate in opening up trenches and making such trenches available to all parties with the understanding that the costs of opening and refilling of such trenches will be shared equitably by all users of such trenches. The 39 ORD. NO. 18-03 franchisee shall at all times comply with the requirements of the Trench Safety Act codified at Sections 553.60 through 553.64, Florida Statutes. (J) In the event the use of any part of a cable system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such system or property has been installed in any public rights-of-way without complying with the requirements of this chapter or a franchise agreement, or the franchise has been terminated, canceled or expired and no renewal proceedings are pending, the franchisee shall, within thirty (30) days after written notice by the City, commence removal from the public rights-of-way of all such property as the City may reasonably require. (K) The City may extend the time for the removal of the tianchisee's equipment and facilities for a period not to exceed one hundred eighty (180) days, and thereafter such equipment and facilities may be deemed abandoned. (L) In the event of such removal or abandonment, the franchisee shall restore the area to as good a condition as prior to such removal or abandonment. (M) Permits and compatible easements. (1) It shall be the responsibility of the franchisee to obtain all necessary written permits and approvals of governmental agencies and easement holders prior to beginning installation. It shall also be its responsibility to determine any conflicts of its proposed installation with the facilities or equipment of other easement holders or beneficiaries. (2) The franchisee shall join and maintain a continuous membership in Sunshine State One-Call of Florida, Inc., and use its services prior to each installation. (3) The cable operator shall comply with the provisions of 47 U.S.C. {}541(a). (4) Underground installations in compatible easements shall be in accordance with the National Electrical Safety Code and all other applicable laws, codes and regulations. (5) Delivery equipment including pedestals, amplifiers and power supplies installed or worked on by the franchisee shall be marked by the franchisee with the name of the franchisee. All pedestals and amplifiers of the cable operator shall be marked within eighteen (18) months of the effective date of this Ordinance. (6) Upon request from the City, the franchisee shall permit representatives of the City to inspect as-built plans of the installation in compatible easements at Franchisee's office in the City. 40 ORD. NO. 18-03 Section 93.25 ENFORCEMENT REMEDIES. (A) In addition to any other rights or remedies available at law or equity or provided under this chapter, the City may apply any one or combination of the following remedies in the event a franchisee violates this chapter, its franchise agreement, or any applicable federal, state or local law or order: (1) Impose liquidated damages in the amount of Five Hundred Dollars ($500.00) per violation or order subscriber refunds in such amount, or as provided below or in a franchise agreement. Payment of liquidated damages or refunds by the franchisee shall not relieve the franchisee of its obligation to comply with this chapter or the franchise agreement. (2) In the event of failure to obtain the applicable grant of authority to operate a cable system including, but not limited to failure to obtain a franchise or in the event of transfer or change of control of the franchise or the system without prior approval of the City a Franchisee shall pay to the City, liquidated damages in the amount of One Thousand Dollars ($1,000.00) per day with each day constituting a separate violation. (3) In the event of a failure to produce insurance, bonds, letters of credit or other forms of surety as required herein, a Franchisee shall pay to the City, liquidated damages in the amount of Five Hundred Dollars ($500.00) per instrument per day with each day constituting a separate violation. (4) In the event of a failure to complete the system construction, upgrade or rebuild as required herein or in a franchise agreement, a Franchisee shall pay to the City, liquidated damages in the amount of Two Thousand Dollars ($2,000.00) per day with each day constituting a separate violation. (5) Whenever the City Manager receives information that a franchisee has allegedly violated any provision of this chapter or the franchise agreement, such franchisee shall have thirty (30) days subsequent to receipt of notice to correct the alleged violation. If afier 15 days, the franchisee has failed to correct the alleged violation, the City Manager shall determine if the franchisee has actually committed the alleged violation and shall set forth with reasonable specificity the circumstances and the nature of the alleged violation(s). If a violation is found, the fine assessed shall be deemed to have accrued from the date of the initial notice to the franchisee and shall continue until such time as the violation is corrected or otherwise resolved to the satisfaction of the City Manager. The franchisee shall have thirty (30) days from the date of the City Manager's decision to file a written request with the City Manager petitioning the City Commission for review of the violation findings(s). If the franchisee timely files such a written request, the City Commission shall review the decision at a public hearing at which interested parties may be heard, and thereafter approve it, modify it, or disapprove it. (6) The City Commission reserves the right to automatically withdraw any such assessments from the security fund upon three (3) days written notice to the franchisee. It is the intent of the City to impose the applicable above referenced assessments as a reasonable estimate of the damages suffered by the City and/ur its subscribers, whether actual or potential, and may include without limitation, increased costs of administration and other damages too difficult to measure. 41 ORD. NO. 18-03 (7) The City Commission reserves the right to amend the assessment amounts or to adopt further assessments for violations not specifically set forth in subsection (A)(1) above. (8) The procedure, rights and remedies set forth in this section are not exclusive. Alternative remedies which are not set forth in this section may be pursued simultaneously or subsequently. Utilization by thc City of the liquidated damages provisions set forth in this chapter shall not constitute a waiver of any such alternative remedies. (9) Revoke the Franchise pursuant to the procedures specified in Section 93.28 hereof. (10) In addition to or instead of any other remedy, the City may seek legal or equitable relief from any court of competent jurisdiction. (11) If at~er heating the dispute the claim is upheld by the City, Franchisee shall have ten (10) business days from such a determination to remedy the violation or failure. (12) In determining which remedy or remedies are appropriate, the City shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the City determines are appropriate to the public interest. (13) The time for Franchisee to correct any alleged violation may be extended by the City if the necessary action to correct the alleged violation is of such a nature or character to require more than thirty (30) days within which to perform provided Franchisee commences the corrective action within the thirty (30) day period and thereaf£er uses reasonable diligence to correct the violation. (14) Failure of the City to enforce any requirements of a Franchise agreement or this Ordinance shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. Section 93.26 RENEWAL OF FRANCHISE. (A) Renewal of a franchise shall be conducted in a manner consistent with 47 U.S.C. {}546. Unless prohibited by applicable law, the following requirements shall also apply: (1) The application shall comply with the requirements of this section and provide the specific information requested in the City's notice for renewal proposal. The City's notice may specify a reasonable deadline for filing an application, but the deadline for filing the application shall be no earlier than thirty (30) calendar days following the date of the notice. (2) Upon a proposal for renewal of a franchise, the City shall determine the state-of-the art level of services needed to satisfy the community's cable related needs and interests. The proposal for 42 ORD. NO. 18-03 renewal shall set forth the technical, equipment, construction, customer service, system and performance upgrades and activation schedule the franchisee shall implement to meet the community's state-of-the-art interests. (B) Any request to initiate a renewal process or proposal for renewal not submitted within the time period set forth in §47 U.S.C. § 546(a), shall be deemed an informal proposal for renewal and shall be governed in accordance with 47 U.S.C. § 546(h). The City may hold one or more public hearings or implement other procedures under which comments from the public on an informal proposal for renewal may be received. Following such public hearings or other procedures, the City Commission shall determine whether the franchise should be renewed and the terms and conditions of any renewal. (C) If the City Commission grants a renewal application pursuant to 47 U.S.C. § 546(h), the City and the franchisee shall agree on the terms of a franchise agreement, pursuant to the procedures specified in this chapter, before such renewal becomes effective. (D) If renewal of a franchise is lawfully denied, the City may acquire ownership of the cable system or effect a transfer of the cable system to another person upon approval of the City Commission consistent with the terms of 47 U.S.C. §547. (E) If renewal of a franchise is lawfully denied and the City does not purchase the cable system or approve or affect a transfer of the cable system to another person, the City may require the former franchisee to remove its facilities and equipment at the former franchisee's expense. If the former franchisee fails to do so within a reasonable period of time, the City may have the removal done at the former franchisee's and/or surety's expense. (F) The fee for consideration of a renewal proposal is set forth at Section 93.09(I). (G) Period of effectiveness. The renewal shall be for a period not to exceed ten (I 0) years. Depending upon the facts and cimumstances, the City may provide for a shorter term in the franchise agreement. Section 93.27 TRANSFER OF FRANCHISE. (A) No transfer of a franchise shall occur without prior approval of the City, which approval shall not be unreasonably withheld. (B) An application for a transfer of a franchise shall meet the requirements of Section 93.09, and provide complete information on the proposed transaction, including details on the legal, financial, technical and other qualifications of the transferee, and on the potential impact of the transfer on subscriber rates and service. No application for a transfer or change of control shall be considered complete until the applicant has provided all information required by the City. (C) An application for approval of a pro forma transfer of a franchise shall be considered granted on the sixty-first (61") calendar day following the filing of such application with the City unless, prior to that 43 ORD. NO. 18-03 date, the City notifies the franchisee to the contrary. An application for approval ora pro forma transfer of a franchise shall clearly identify the application as such, describe the proposed transaction, and explain why the applicant believes the transfer is pro forma. Unless otherwise requested by the City within thirty (30) calendar days of the filing of an application for a pro forma transfer, the applicant shall be required to provide only the information required in Sections 93.09(E)(1)(2)(3)(4)(13)(16)(17) and (19) with respect to the proposed transferee. (D) In making a determination on whether to grant an application for a transfer of a franchise, the City Commission shall consider the legal, financial, technical and other qualifications of the transferee to operate the system; whether the incumbent franchisee is in compliance with this chapter and its franchise agreement, and, if not, the proposed transferee's commitment and capability to cure such noncompliance; and whether operation by the transferee would adversely affect cable services to subscribers, or otherwise be contrary to the public interest. (E) No application for a transfer of a franchise shall be granted unless the transferee agrees in writing that it will abide by and accept all terms and provisions of this chapter and the franchise agreement and that it will assume the obligations and liabilities of the previous franchisee under this chapter and the franchise agreement whether known or unknown as of the date of the proposed transfer. (F) Approval by the City of a transfer of a franchise does not constitute a waiver or release of any of the rights or remedies of the City under this chapter or the franchise agreement, whether arising before or a~er the date of the transfer. (G) The applicable application fee for consideration of a transfer proposal is set forth at Section 93.09(~). Section 93.28 REVOCATION OR TERMINATION OF FRANCHISE. (A) A franchise may be revoked by the City Commission because of the franchisee's material failure to construct, operate or maintain the cable system as required by this chapter or the franchise agreement or for any other material violation of this chapter or material breach of the franchise agreement. To invoke the provisions of subsection A, the City shall give the franchisee written notice, by certified mail at its last known address, that the franchisee is in material violation of this chapter or in material breach of the franchise agreement, and describing the nature of the alleged violation or breach with reasonable specificity. If within thirty (30) calendar days following receipt of such written notice from the City, the franchisee has not cured such violation or breach, or has not commenced corrective action and such corrective action is not being actively and expeditiously pursued, the City may give written notice to the franchisee of its intent to revoke the franchise, stating its reasons. 03) Prior to revoking a franchise under subsection A above, the City Commission shall hold a public hearing upon thirty (3 0) calendar days notice, at which time the franchisee and the public shall be given an opportunity to be heard. Following the public hearing the City Commission may determine whether to revoke the franchise based on the evidence presented at the hearing, and other evidence of record. If the 44 ORD. NO. 18-03 City Commission determines to revoke a franchise, it shall issue a written decision setting forth the reasons for its decision. A copy of such decision shall be transmitted to the franchisee. (C) Notwithstanding subsections A and B hereof, at the option of the City, following a public hearing before the City Commission, any franchise may be revoked one hundred twenty (120) calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the franchisee, whether in a receivership, reorganization, bankruptcy, assignment for the benefit of creditors, or other action or proceeding, unless within that one hundred twenty (120) day period: (1) Such assignment, receivership or trusteeship has been vacated; or (2) Such assignee, receiver or trastee has fully complied with the terms and conditions of this chapter and the franchise agreement and has executed an agreement, approved by a court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this chapter and the franchise agreement. (3) Such action is otherwise prohibited by controlling law. (D) In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a franchisee, the City may revoke the franchise, following a public hearing before the City Commission, by serving notice upon the franchisee and the successful bidder at the sale, in which event the franchise and all rights and privileges of the franchise shall be revoked and shall terminate thirty (30) calendar days after serving such notice, unless: (1) The City has approved the mmsfer of the franchise to the successful bidder; and (2) The successful bidder has covenanted and agreed with the City to assume and be bound by the terms and conditions of this chapter and the franchise agreement. (E) If the City revokes a franchise, or if for any other reason a franchisee abandons, terminates or fails to operate or maintain service to its subscribers, the following procedures and rights are effective: (1) The City may require the former franchisee to remove its facilities and equipment at the former franchisee's expense. Reasons for removal include, but are not limited to (a) abandonment; (b) termination of franchise; (e) failure to operate or maintain service to subscribers; or (d) failure to obtain the proper license, permit or franchise to have facilities located in the streets or public fights-of-way and offer services via those facilities. Failure to obtain a permit to use the cable system for OVS services is reason for City requirement of removal of facilities. If the former franchisee fails to remove the facilities within a reasonable period of time, the City may have the removal done at the former franchisee's and/or surety's expense. This section does not apply to equipment which is leased by the franchisee from a third party. 45 ORD. NO. 18-03 (2) The City, by decision of the City Commission, may acquire ownership, or effect a transfer, of the cable system at an equitable price subject to the terms of applicable law. (3) If a cable system is abandoned by a franchisee, the City may sell, assign or transfer all or part of the assets of the system subject to applicable law. (F) Where the City has issued a franchise specifically conditioned in the franchise agreement upon the completion of construction of a cable system, a system upgrade or other specific obligation by a specified date, failure of the franchisee to complete suer construction or upgrade or other obligation shall constitute a material breach of the franchise making it subject to revocation in accordance with the procedures set forth herein, unless the City, at its discretion and for good cause demonstrated by the franchisee, grants an extension of time. (G) This section shall not be interpreted as a waiver of rights granted by federal law to the City or any Franchisee. Section 93.29 CONTINUITY OF SERVICE MANDATORY. (A) It is the right of each subscriber to receive all available services requested from the fi'anchisee as long as such subscriber's financial and other obligations to the franchisee are satisfied. (B) In the event of a termination or transfer of a franchise for whatever reason, the franchisee shall cooperate with the City to ensure that all subscribers receive continuous, uninterrupted service regardless of the circumstances. The franchisee shall cooperate with the City to operate the cable system for a temporary period following termination or transfer as necessary to maintain continuity of service to all subscribers. However, the temporary period shall not exceed six (6) months without the franchisee's written consent. During such period, the cable system shall be operated under such terms and conditions as the City and the franchisee may agree, or such other terms and conditions that will continue, to the extent possible, the same level of service to subscribers and that will provide reasonable compensation to the franchisee. (C) In the event a franchisee fails to operate the cable system for seven (7) consecutive days without prior approval of the City or without just cause, the City may, at its option, operate the system or designate an operator until such time as the franchisee restores service or until a permanent operator is selected. If the City decides to pursue such option, the franchisee shall reimburse the City for all costs or damages resulting from the franehisee's failure to perform that are in excess of the revenues from the system received by the City. Additionally, the franchisee shall cooperate with the City to allow the City's employees and/or agents flee access to the franchisee's facilities and premises for purposes of continuing system operation. 46 ORD. NO. 18-03 Section 93.30 RATES. Nothing in this chapter shall prohibit the City from regulating rates for cable services to the full extent permitted by law. Section 93.31 PERFORMANCE EVALUATION. The City shall conduct periodic performance evaluations of a franchisee as the City deems necessary. A franchisee shall cooperate with these evaluations reasonably and in good faith. If the City implements a survey of cable subscribers in connection with a performance evaluation, the City may require a franchisee to distribute the City's questionnaire to its subscribers at the City's expense. Upon request and upon reimbursement of the City's copying costs, the franchisee may receive copies of all responses. Section 93.32 ADMINISTRATION. (A) The City Manager or his designee shall have the responsibility for overseeing the day-to-day administration of this chapter and franchise agreement. The City Manager or his designee shall be empowered to take all administrative actions on behalf of the City, except for those actions specified in this chapter that are reserved to the City Commission. The City Manager may recommend that the City Commission take certain actions with respect to any franchise. (B) Responsibility for the administration of this article and any franchise granted hereunder and for the resolution of all complaints against a franchisee regarding the quality of service, equipment malfunctions, and related matters, including the authority to order refunds or fees is hereby delegated to the City Manager, or his designee, who is empowered, among other things, to adjust, settle, or compromise any controversy arising from operations of the franchisee, either on behalf of the City, the franchisee or any subscriber, in accordance with the best interests of the public. In cases where requests for service have been ignored or unfilled or for whatever reason are unsatisfactory, the City Manager shall have the power to require the franchisee to provide service if in the opinion of the City Manager such request for service is reasonable. Provided, that any person aggrieved by a decision of the City Manager, including franchisee, may appeal the matter to the City Commission for hearing and determination. The City Commission may accept, reject or modify the decision of the City Manager, and may adjust, settle or compromise any controversy arising from the operations of the franchisee under any franchise granted pursuant to this article. No adjustment, settlement, or compromise, whether instituted by the City Manager or by the City Commission shall be contrary to the provisions of this article or any franchise agreement issued pursuant to this article. (C) To the extent permitted by federal law, the City Commission shall have the sole authority to regulate rates for cable services, grant or not grant franchises, authorize the entering into of franchise agreements, modify franchise agreements, renew or deny renewal of franchises, revoke franchises, and authorize or not authorize the transfer of a franchise. 47 ORD. NO. 18-03 Section 93.33 FRANCHISE ACCEPTANCE. A franchisee shall agree to abide by all of the provisions, terms and conditions of this chapter, its franchise and any terms and conditions of a grant, renewal, transfer or modification. All franchisees further agree that they will not, at any time, now or in the future, set up against the City or the City Commission the claim that the provisions of this Chapter or its franchise are unreasonable, arbitrary or void. Section 93.34 FORCE MAJEURE. In the event a franchisee's performance of or compliance with this chapter or the franchise agreement is prevented by a cause or event not within the franchisee's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that the franchisee shall use all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this chapter and any franchise agreement, causes or events not within a franchisee's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within the franchisee's control, shall include, without limitation, a franchisee's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of the franchisee's directors, officers, employees, contractors or agents. Section 93.35 APPLICABILITY. (A) Any franchise entered into prior to the effective date of this Ordinance shall remain in effect according to the terms and conditions of the franchise agreement and shall be subject to this chapter to the full extent permitted by law including, but not limited to Sections 93.09,. 93.11, 93.21, 93.24, 93.26 and 93.2. (B) Any franchise entered into after the effective date of this Ordinance shall be subject to this chapter and the terms and conditions of the franchise agreement. In the event of any conflicting or inconsistent provisions, this chapter as in effect on the date of the grant of the franchise shall prevail unless otherwise expressly set forth in the Franchise Agreement. Section 93.36 CITY CABLE SYSTEM OWNERSHIP AUTHORIZED. Nothing in this chapter shall be construed to limit in any way the ability or authority of the City to acquire, construct, own, and/or operate a cable system to the full extent permitted by law. Section 93.37 RESERVATION OF RIGHTS. (A) The City reserves the right to amend this chapter as it shall find necessary in the lawful exercise of its police powers. 48 ORD. NO. 18-03 (B) The City reserves the fight to attempt to exercise the power of eminent domain to acquire the property of a franchisee's cable system, consistent with applicable federal and state law. Notwithstanding anything to the contrary, this section shall not enlarge or restrict the City's exercise of eminent domain except to the extent provided by applicable law. Section 93.38 COSTS OF PUBLICATION. A franchisee shall assume all costs in connection with publication of its franchise and any notices in connection therewith including, but not limited to public hearings required by law. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and fmal reading on this the __ ., 2003. day of ATTEST: MAYOR City Clerk First Reading Second Reading 49 ORD. NO. 18-03 [IT¥ OF DELRI:IV BEI:IgH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243 7090 · FACSIMILE 5611278-4755 DELRAY BEACH ~.~'~edCB City DATE: June 11, 2003 MEMORANDUM Writer's Direct Line: 561/243-7091 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Village by the Sea, LLP v. City of Delray Beach - Case No. CA06122 AY; Frank and Nilsa McKinney v. City of Delray Beach - Case No. 2003 AP 001062AY The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes §286.011(8) for the June 17, 2003 City Commission meeting to discuss settlement negotiations and strategy related to litigation expenditures in the above cases. Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the commencement of the closed attorney-client session, the Mayor should read the following: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) in the cases of: Village by the Sea, LLP v. City of Delray Beach - Case No. CA06122 AY; and, Frank and Nilsa McKinney v. City of Delray Beach - Case No. 2003 AP 001062AY. The estimated length of the closed session shall be 20 minutes. The following persons will be attending: Mayor Jeff Perlman, Commissioners Jon Levinson, Patricia Amher, Alberta McCarthy, Bob Costin, and City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Terrill Pyburn, and a certified court reporter." At the end of the Commission meeting, the Mayor should announce that a closed- door session will commence. After the closed session is over, the Mayor should announce that the regular meeting is reopened, and the closed session is terminated. By copy of this memorandum to David Harden, our office requests that the agenda be prepared giving reasonable public notice of the time and date of the closed attorney-client session for June 17, 2003 and that the agenda item include the name of the case, the names set forth above of those persons attending the session, and identify the item as a closed door session pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat. §286.011. Further, please place, after the item for the closed-door sessions, two sub-items as follows: a.) Settlement of Village by the Sea, LLP v. City of Delray Beach Case No. CA06122 AY b.) Settlement of Frank and Nilsa McKinney v. City of Delray Beach Case No. 2003 AP 001062AY. SAR:~ Attachments CC: David Harden, City Manager Barbara Garito, City Clerk · ~tatutes->View Statutes->2002->Ch0286->Section 011: flsenate.gov Page 1 of 2 flsenate.gov View Statutes Select Year: ~ Search Statutes Constitution Laws of Florida Order The 2002 Florida Statutes Title XIX Chapter 286 PUBLIC BUSINESS PUBLIC BUSINESS: MISCELLANEOUS PROVISIONS View Entire Chapter 286.011 Public meetings and records; public inspection; criminal and civil penalties.-- (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meeting of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3)(a) Any public officer who violates any provision of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or political subdivision who knowingly violates the provisions of this section by attending a meeting not held in accordance with the provisions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) Whenever an action has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision to enforce the provisions of this section or to invalidate the actions of any such board, commission, agency, or authority, which action was taken in violation of this section, and the court determines that the defendant or defendants to such action acted in violation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the individual filing such an action if the court finds it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. However, this subsection shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the individual member or members of such board or commission; provided, that in any case where the http://www.~senate.g~v/Statutes/index.cfm?App-m~de=Disp~ay-Statute&Search-String=... 6/11/2003 .statutes->View Statutes->2002->Ch0286->Section 011: flsenate.gov Page 2 of 2 board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. (7) Whenever any member of any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision is charged with a violation of this section and is subsequently acquitted, the board or commission is authorized to reimburse said member for any portion of his or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity's attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires advice concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. No portion of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the entity's clerk within a reasonable time after the meeting. (d) The entity shall give reasonable public notice of the time and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons chairing the meeting shall announce the commencement and estimated length of the attorney-client session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.--s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91- 224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353. Welcome · Session · Committees · Senator~ · Information Center ° Statutes and Constitution [-obbvist Informatioj~ Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright ©2000-2003 State of Florida. Contact us. Privacy Statement http://www.~senate.g~v/Statutes/index.cfm?App-m~de=Disp~ay-Statute&Search-String=... 6/11/2003