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Agenda Workshop 02-26-02MODIFIED CITY OF DELRAY BEACH, FLORIDA CITY COMMISSION SPECIAL MEETING TUESDAY, FEBRUARY 26, 2002 - 6:00 P.M CITY COMMISSION CHAMBERS 1993 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. SPECIAL MEETING AGENDA Pursuant to Section 3.07 of the Charter of the City of Delray Beach, Mayor David W. Schmidt has instructed me to announce a Special Meeting of the City Commission to be held for the following purposes: (1) VEHICLE PURCHASES: Consider approval of vehicle purchases. (2) INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY (3) SCHOOL BOARD AND CITY OF DELRAY BEACH: Consider approval of an Interlocal Agreement between the Palm Beach County School Board and the City of Delray Beach concerning the relocation of Atlantic High School. AUTHORIZATION TO PROCEED WITH THE ACQUISITION OF THE CONTINENTAL HOMES OF FLORIDA~ INC. PROPERTY: Authorize staff to proceed with the acquisition of the Continental Homes of Florida, Inc. property in the amount of $6,390,000, said property consists of approximately 19.653 acres of land. (4) APPRAISAL OF BREEZY RIDGE ESTATES PROPERTY: Authorize staff to proceed with the appraisal of 37 parcels in the Breezy Ridge Estates properties, by Bob Banting of Anderson & Carr at $350.00 per parcel. (5) Commission Comments. 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. [ITY OF I]ELAI:IY BERgH DELRAY BEACH NI-/t~ericaCity ~o: 1993 2001 FROM: DATE: SUBJECT: 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 MEMORANDUM David T. Harden, City Manager F bert A. Barcinski, Assistant City Manager bruary 26, 2002 SPECIAL AGENDA ITEM ~.1 CITY COMMISSION MEETING FEBRUARY 26, 2002 BID AWARD - REPLACEMENT VEHICLES AND POLICE DEPARTMENT TAKE HOME VEHICLES Action City Commission is requested to approve bid awards for replacement of City vehicles and police take home vehicles per staff recommendation. Background City vehicle replacements are requested on an annual basis due to age, mileage, repair costs, or a combination of the above. Attachment "A" is a list of the vehicles being recommended for replacement this year. We also agreed to purchase an additional ten (10) take home vehicles for the Police Department. Recommendation Staff recommends various bid awards from Florida Sheriff Association Contract, as specified in Attachment "B", from the State of Florida Contract, as specified in Attachment "C", and from a local bid "Attachment D". These unit costs include various options and extended warranties on all vehicles. Not included are some option items that we will acquire from other vendors not available on these contracts. The total of the recommended purchases is $577,499. Additional vehicles wile be proposed for replacement at future meetings based on final approval of the proposed replacement list "Attachment A". We have already ordered items numbers 1,2, 3, 4, 9, 10, 11, and 16. Funding is available from the FY 00-01 budget in City Garage Account #501-3312-591-64.20 in the amount of $580,000 and $88,694 in account 501-3312-591-64.21. A budget transfer will be prepared to transfer funds into the Garage account to cover the costs of the take home vehicles. Attachments c: Bill Darty File u sweeney /agenda DocB~d Award Replacement Veh 200{ agenda Printed on Recycled Paper THE EFFORT ALWAYS MATTERS ,9. e. t City of Delray Beach Proposed Vehicle Replacement Listing FY 01-02 Attachment "A" Department Assigned i Vehicle Make Model 1217 [Police Investigation l~FForcl ~au~'us 1212 Police Investigation ~Ford Taurus 1304 Police Investigabon iFord Taurus 1213i Fire Admin/Support Ford Taurus 385]Code Enforcement~Ford Taurus 378~ Stor~m Water Admin~Ford Taurus 381 :Housing Rehab i Ford Taurus 384[A~mJn Serwc' es IFord Tauru~ -- 17~1 Police CSO IChevy Cavalier 1720 Police CS? ~Chevy Cavalier 1718i Pohce CSQ Chevy Cavalier 17191Pohce CSO ~ ChevyCavalier 4511L~ftstati0n M~int. ~Ford F-250 14181Pohce Investigation ~uick Century 619iS~orm Water IGMC SL2500 621 !Buiiding M~l_nt Chevrolet G-10 Van 429 Water Treatment ~Chevy s-JO 1218 !Police Admin Ford Taurus 664 iCity Garage~ GMC SL2500 682 Storm Water ~Caterpillar Loader 1606 P0hce S~pport ~Yamaha~olf ~a~rt ~ 1605;Police Support I Yamah~ Golf Cart 7931Parks Maintenance !Chevy Ext Cab C2,~00 Year 'Current Old Vehicle Description Mfg. M~leage ~4 Door FwD - 1992 75,00(~1 4 Door~ -- - ' 1~ 1~2,50~ 4DoorFWD 124, ] · 4DoorFWD -- 1989~ 68.6341 !4 Door FWD 199,9,3~ 97,801 l~ Door c~mp~ct 11997 2~7,629 ]4 Door Compact 11997~ 33,3,81 4 Door Compact ~ 1997,' 32,365 -~ Ooor Compact --~'199~ ~ ~9,035 3/4 ton ~fility 1989 9~,162 Line [Vehicle[ I# 5r 6 7 8 17 16; 201 22' 23 24 26 27~ 28~ 31 34 35 37 38 39~ 451 4 DOD[ FWD !3/4 Ton Pick-Up C/2 Cargo va? ompact Pick-Up 4 Door FWD i 1994 97,350 ,1990~ 71,995 ] ~989~ 55,205 19~i 53,89~ --- 19921 66,008 3/4 Ton P~ck-Up __ 1990~ 58,901~ ro, nt end Loader 1972'1161 hrs ~Gol~Cart 1996 0 t~ol(Cart ! 1996, 0 13/~ {on Ext. Ca~ ,19911 53,168 02/26/02 City of Delmy Beach Proposed Vehicle Replacement Listing FY 01-02 Attachment "B" Florida Sheriffs Contract ~ine !Vendor 21 !Garber Chevrolet 22!Garber Chevrolet 231Garber Chevrolet 24, Garber Chevrolet Duval Ford Duval Ford Duval Ford Duval Ford Duval Ford i Dural Ford ~ Dural Ford I Duval Ford ]Gus Machdo Ford Gus Machdo Ford Model ~Year NewVehicle Description i Make i~002 FVVD Pursuit lChevrolet- Impala FSA ~i200~FWD Pursui! IChevrolet Impala FSA 2002 FWD Pursuit Ichevmlet Impala -FSA 2002i FWD Pursuit Chevrolet -Impala FSA TAKE HOME BE~W 2003 RWD Pursuit __~F°rd i Pohce Interceptor ! FSA 2003,RWD Pursuit 'Ford ~Police Interceptor1 FSA 2003iRWD Pursuit Ford I Police Interceptor ' FSA 2003'RWD Pursu,t [Ford Pohce !nterceptor I FSA 2003 RWD Pursuit I Ford Po ce nterceptor /FSA 2003'~RWD Pursuit ~Ford Poiice interceptor !FSA 2003i RWD Pursuit Ford ;Police Interceptor ; FSA ! 2003-RWD Pursuit Ford ~cept_or IFSA ~2002'7 Pass Mini Van RWD Ford I Econoline E-150 F~ 2002 7 Pass. Mini van RWD Ford Econoline E-150 FSA Commodity Line Item' # ICost Total Cost Spec ~2 20,314 20,314 Spec ~Y2 20,314 40,628 Spec #2 20,314 60,942 Spec #2 20,314 r 81,256 Spec #1 25,357= 106,313 Spec #1 25,357 131,670 Spec #1 25,357 ~57,0~7 Spec #1 i 25,357,.~7~ 182,38~ Spec#1 ~ 25,357~ 207,741 Spec #1 25,3571 233,098 Spec#1 ~ 24,729 283,184 Spec#12! 19,912 303,096 Spec #12 19,912 323,00§ 02/26/02 City of Delray Beach Proposed Vehicle Replacement Listing FY 01-02 Attachment "C" State of Florida Vehicle Contract Line # Vendor 5 Garber Chevrolet 6 Garber Chevrolet 7 Garber Chevrolet 8 Garber Chevrolet 26 Maroone Dodge 27 Garber Chevrolet 28 ~ Maroone Dodge 311Maroone Dodge 321Heintzelman Truck 34!Garber Chevrole~ 35] Maroone Dodge 45! Maroone Dodge i '1 i ~Line Item [Year 'New Vehicle Description Make Model ~Commod!ty? Cost iTotal Cost 7_ i 200~?, Door FWD ~ [Chevrolet Malibu 1070-200-300, 14,1~ 14,124 200214 Door FWD Chevrolet Uahbu -070-200-300 ~ ~4,124 ~8,248 2002!4 Door FWD IChevrolet Malibu 070-200-300 ] 14,124~ 42,372 2002J Large Utilty4 door I Chevrolet Tahoe 070-400-402 ~ 21,997~ 64,369 2002 !3/4 ton utility tD0d~ Ram 2500 070-500-425 21,3327 85,701 20024 Door FWD Chevrolet Malibu 070-200-300 ; 14,124! 99,825 2002 3/4 Ton P~ck-Up Dodge ,~am 2500 ~070-500-425 ~ 17,762' 117,587 2002i 1/2 Ton Cargo Van - Dodge , Ram Van 070-300-398 13,950' 131,537 2002~Compact Pick-Up Ford iRanger I070-500-140 : 12,519 144,056 Chevrolet ~ !070-200-300 14,124 158,180 20o~i 4 Door FWD 2002!3/4 Ton Pick-UP Dodge 2002! Ext Cab 3/4 ton Pick-up Dodge IRam 2500 !070~500-425 !Ram 2500 Ext cab 1070-500-428 21,3321 179,512 20,2141 ~9,726 02/26/02 City of Delray Beach Proposed Vehicle Replacement Listing FY 01-02 Attachment "D" Bid Piggy Back lLine # iVendor _ 37rBriggs Equipment IYeari INew Model ' 'Line Item I Vehicle Descript,on Make ICommodity ICOst Total Cost , 20021Combination Backhoe Case ~580M i7~0-00-1991 54,7651 54,765 02/26/02 Request to be placed on: Regular Agenda When: 02/26/02 AGENDA REQUEST Special Agenda 'Agenda Item No: ~ ! Workshop Agenda Description of agenda item (who, what, where, how much): City Commiss±on is requested to approve bid awards for replacement of City vehicles and police cake home vehicles per staff recommendation. ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: Approval. Department Head Signature: Determination of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving of funds): Funding Availabl .~~0 Funding altemati'ves: /~~ Account No. & Description: ~30~ ~3~ Account Balance: ~ ~t~ CxO0 City Manager Review: Approved for agenda:(~/NO Hold until: Agenda Coordinator Review. Received: Action: Approved/Disapproved (if applicable) [lTV OF DELAI:IY BEI:IEH CiTY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Direct Line 561/243-7091 MEMORANDUM February 25, 2002 City Commission Susan A. Ruby, City Attorney Intedocal Agreement between the School Board County and the City of Delray Beach of Palm Beach The interlocal agreement is attached for your review. The essential contract terms are as follows: That the City will transfer to the School Board approximately 43 acres of land shown within the approximate 46 acres of land depicted in Exhibit "A" by December 1,2002. The old site will be available for the location of a middle school if demographics warrant it. The City receives the right to obtain up to 15 acres for a soccer complex. o The City shall provide two access points, water and sewer service and turning lane(s) and a traffic signal at the entrance to the site. The City, per Section 3.1.4 of the agreement will either transport those students who must traverse a hazardous route who live within two miles of the school, or abate the hazardous condition. The City will initiate rezonings and obtain approvals from South Florida Water Management District and/or Lake Worth Drainage District and culvert the L-33 canal on the site. The City shall provide a wall if requested by the Temple, meeting City codes. 6. The City shall, at its own expense, demolish structures on the site. February 25, 2002 Page 2 o Breezy Ridge residents may remain in their homes after the transfer of the land to the City subject to lease provisions with the School Board. The School Board shall construct Atlantic High School on the new site and pay the City $3,392,000.00 in saved construction costs (this may later be adjusted) and $8,070,000.00 for a total of $11,462,000.00. The City has the right to purchase up to 15 acres of land on the current site for $225,000.00 per acre for a soccer and/or recreational complex unless there is a joint use agreement wherein the City will pay half that amount per acre. This right exists whether the property is used for a middle school site or not or any other purpose. have any questions. SAR:smk Attachment CC; David T. Harden, City Manager Barbara Garito, City Clerk CITY COST COMPARISONS ATLANTIC HIGH SCHOOL RELOCATION AND SOCCER COMPLEX WITH WITHOUT RELOCATION RELOCATION School Site Purchase (1) $13,000,000 $0 Soccer Site Purchase 1,687,500(2) 3,375,000(3) TOTAL $14,687,500 $3,375,000 Sell School Site to School $11,462,000 $0 District(4) TOTAL LAND COST $3,225,500 $3,375,000 ConstrUct Soccer Fields $980,000(5) $3,000,000(6) Culvert L-33 Canal $250,000(7) $0 Construct Turn Lanes and Traffic $240,000(8) $0 Signal Construct wall by Temple Sinai $100,000(9) $0 NET TOTAL $4,795,500 $6, 375,000 (1) The City believes that $13,000,000 is an appropriate estimate based on (a) the contract for the Tate property, (b) appraisals for the individual properties north of Tate, and (c) a gross or approximate appraisal of the Breezy Ridge subdivision. Appraisal amounts have been adjusted upward to allow for offers above the appraisal, which may be necessary to get a willing seller, or in the alternative, the cost of eminent domain. (2) Per our lnterlocal Agreement with the School Board, the City will pay $225,000 per acre for 15 acres of the Atlantic High School site, less 50% for allowing joint use by the School District. (3) Cost from City of Delray Beach Parks and Recreation System Master Plan by Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. (4) Per our Interlocal Agreement with the School Board, Section 4.1, the City will receive this amount upon conveying the new high school site to the School District. This amount is subject to adjustment upward to compensate for de-mucking and fill already completed. (5) Cost to develop four soccer fields on the existing Atlantic High School site using the middle school and soccer complex site plan prepared by the School District. Estimate by David Miller and Associates, P.A., February 15, 2002. (6) Cost from City of Delray Beach Parks and Recreation System Master Plan by Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc. (7) Estimate by City Engineering staff, from Coral Trace Boulevard to the E4 canal. (8) Estimate by City Engineering staffafter consultation with Palm Beach County.. (9) Estimate by City Engineering staff. INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH THIS AGREEMENT, is entered into this ~ day of ,2002, between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA ("School Board") and the CITY OF DELRAY BEACH, a Florida municipal corporation, ("City"). WI TNESSETH: WHEREAS, in order to provide adequate public school facilities in a timely manner and at appropriate locations, the City and the School Board have determined that it is necessary and appropriate for the School Board and the City to cooperate with each other by entering into this Interlocal Agreement; and WHEREAS, Section 163.01, Flodda Statutes, and Sections 235.193 and 235.194, Florida Statutes, encourages coordination of planning between school districts and municipalities; and WHEREAS, an Interlocal Agreement to establish public school concurrency dated June 6, 2000 has been entered into by the parties; and WHEREAS, the parties previously entered into an Intedocal agreement dated August 21, 1996 to acquire property adjacent to the current Atlantic High School site (also known as "Seacrest Athletic Facilities"), which provided for the development of certain athletic and parking facilities and for the maintenance and use of the same; and WHEREAS, Florida Statutes §166.411(11), permits municipalities to obtain school sites by eminent domain, if the School Board requests in writing that the municipality obtain such lands for conveyance to the School Board and promises to establish a public school on the lands; and WHEREAS, Florida Statutes Section 166.411(1 ) provides that municipalities may make public improvements in the public interest; and WHEREAS, the City and the School Board find that establishing a new high school, and obtaining, establishing and/or maintaining recreational facilities are all within the public interest. NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: 1.0 Incorporation of Recitals. The above recitals are true and correct and are incorporated as if fully set forth herein. All exhibits to this agreement are hereby deemed a part hereof. 2:0 Representations. 2.1 The City hereby represents to the School Board that it has the authority to execute any and all documents necessary to effectuate and implement the terms of this agreement. 2.2 The School Board hereby represents to the City that it has the authority to execute any and all documents necessary to effectuate and implement the terms of this Agreement. 3.0 Obligations of the Parties. 3.1 The City's obligations are as follows: 2 3.1.1 The School Board requests the City to acquire, and the City shall acquire approximately 43 acres of land in the area depicted on Exhibit "A" for the construction of a new Atlantic High School ("the site"). 3.1.2 The City will convey fee simple title to all properties comprising the site to the School Board by December 1, 2002 in order to meet the construction schedule set forth in the School Board's Five Year Capital Plan, as may be amended from time to time. This date may be extended by the mutual consent of the parties. The City shall initiate any rezonings that are required and, to the extent practicable, the City shall expedite all governmental approvals within its control, which are necessary for the construction of the high school. If any resident of Breezy Ridge desires to remain in his/her home after the date on which the City transfers fee simple title to said home to the School Board, the resident must (a) execute the Lease and Indemnification Agreement required by the School Board, (b) provide the School Board with proof of continuing property and casualty insurance on the home, (c) acknowledge in writing that the School Board is the sole arbiter of how long after title transfers he/she may remain in the home and (d) stipulate that the School Board shall be entitled to obtain a Writ of Possession from the Court without notice to the homeowner if he/she fails to surrender possession of the home to the School Board on the date specified by the School Board. 3.1.3 The City will enter into a contract with the School Board in substantially the form shown on Exhibit "B". 3 3.1.4 The City shall provide two access points to the site and shall provide for water and sewer services to the site. The access points shall be suitable for emergency vehicle access. The City shall provide turn lane(s) and a traffic signal at the entrance to the site, at the City's expense. If students, who live within two miles of the new Atlantic High School and therefore are not eligible to be transported to school by the School District, are required to traverse hazardous routes when the school opens, the City shall provide transportation for these students, to the extent permitted by law. The City may, at its own expense, abate the hazardous walking conditions on the roadways near the new Atlantic High School to the satisfaction of the School Board before the school opens, so as to reduce the number of students for whom the City otherwise would be required to provide transportation and/or eliminate the need for such transportation. 3.1.5 The City shall, at its own expense, conduct Phase I and, where necessary, Phase II environmental assessments on the property to be conveyed to the School Board for the new Atlantic High School. Copies of the assessments will be provided to the School Board for review in a timely manner. The City shall, at its own expense, remediate all environmental issues raised in the Phase I and Phase II assessments, the City's intention being to convey a clean site to the School Board. 3.1.6 To the extent permitted by law, the City shall indemnify and hold the School Board harmless for any liability or causes of action for damages attendant to the City's acquisition of the site, including without limitation reimbursing the School Board for legal expenses incurred in participating in litigation concerning site 4 acquisition issues. After the City transfers title to the School Board, the School Board shall indemnify and hold City harmless, to the extent permitted by law, for any liability or cause of action for damages related to the construction and operation of the new Atlantic High School. 3.1.7 On or before December 1, 2002, the City shall, at its own expense, obtain all approvals necessary from the South Florida Water Management District and/or Lake Worth Drainage District and culvert the L-33 Canal on the site. This date can be extended by mutual agreement of the parties. 3.1.8 If the School Board locates the stadium near or next to the Temple and the Temple determines a wall is necessary, the City will erect a wall meeting the Code of Ordinances of the City of Delray Beach on the portion of the site abutting Temple Sinai, at its own expense, provided however that the School Board shall pay the City the amount the School Board otherwise would have spent to erect the typical chain link fence where the wall is built. 3.1.9 The City shall, at its own expense, demolish any and all structures on the site prior to December 1, 2002 provided however that, if the City cannot demolish all of the structures prior to December 1, 2002, to the extent permitted by law, the City shall indemnify and hold the School Board harmless for any and all liability for the City's demolition activities after December 1,2002. 3.2 Obligations of the School Board. 3.2.1 Although the School Board and the City must agree on the new location, the School Board shall make the final determination as to the 5 acceptability of the site for the construction of the new high school February 20, 2002. However, the School Board must advise the determination in writing no later than February 26, 2002. no later than City of such 3.2.2 The School Board agrees to accept fee simple title to all properties comprising the site in the then "as is" condition of said properties, subject to (i) the terms of this Intedocal Agreement and Exhibit "B" hereto and (ii) the City's requirement to build a wall along the boundary shared by Temple Sinai, if needed, which is referred to above in paragraph 3.1.9. 3.2.3 The School Board will construct a new Atlantic High School on the property, which the City transfers to the School Board, in accordance with the School Board's Five Year Capital Plan, as amended from time to time. 3.2.4 After some or all of the existing Atlantic High School is demolished, the School Board agrees to make available to the City sufficient land (up to approximately 15 acres) on which the City will construct a soccer and/or recreational complex, provided however that the School Board shall not be required to convey such land if the remainder of the site would not be usable for construction of a middle school. 3.2.5 Subject to the City's rights pursuant to paragraphs 3.2.4 and 4.2 of this Intedocal Agreement, consistent with the School Board's Five Year Capital Plan, as amended from time to time, the School Board shall have sole discretion either to construct a new middle school at its own cost on the existing Atlantic High School site, use said site for another compatible purpose, or dispose of said site. 4.0 Consideration. The consideration for the transaction is as follows: 6 4.1 Upon City's conveyance of fee simple title to the site, the School Board shall pay the City eight million seventy thousand dollars ($8,070,000), which is the appraised value of the portion of the existing Atlantic High School site located east of Seacrest Boulevard (35.86 acres) as of January 4, 2002, plus three million three hundred ninety two thousand dollars, ($3,392,000), which is the difference between the cost of constructing a new Atlantic High School on its existing site and the cost of constructing the new high school on the site to be conveyed by the City, for a total of eleven million four hundred sixty-two thousand dollars ($11,462,000). However, the $3,392,000 difference in construction costs (and therefore the consideration to be paid to City by the School Board) shall be adjusted if the School District's consultant, 3D/International, determines that, after 3D/International estimated the cost of constructing the new Atlantic High School on the site, either the City or the current owner of the site made on-site improvements, which change 3Dllnternational's estimate of the cost of construction. 4.2 If the City purchases a portion of the existing Atlantic High School site for use as a soccer and/or recreational complex, City shall pay the School Board two hundred twenty five thousand dollars ($225,000.00) per acre for the property it acquires, provided however that, if the City (i) erects a soccer and/or recreational complex at its own expense, (ii) maintains said complex at its own expense and (iii) enters into a joint use agreement with the School Board entitling the School Board to use the soccer and/or recreational complex on school days, during school hours, for school functions, 7 the School Board will reimburse the City 50% of the amount the City paid for the site of the soccer and/or recreational complex. 5.0 Miscellaneous Provisions. 5.1 Commencement Date. The commencement date of this agreement shall be the date shown herein below when the agreement is approved by the City and the School Board and when the last party to this agreement has executed same. 5.2 Other Aqreements. The City and the School Board shall enter into a joint use/maintenance agreement and other agreements as may be necessary to implement this Agreement. 5.3 Modification. Any modifications to this Agreement shall be in wdting and approved by the parties' respective governing bodies. 5.4 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the School Board and the City designate the following as the respective places for giving notice. City: School Board: David T. Harden, City Manager City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, FL 33444 Art Johnson, PhD, Superintendent School District of Palm Beach County, Florida 3300 Forest Hill Boulevard 8 West Palm Beach, FL 33406 5.5 Binding Authority Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 5.6 Headinqs Headings herein are for the convenience of reference only and shall not be considered on any ~nterpretation of this Agreement. 5.7 Exhibits Each exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits, if not physically attached, should be treated as part of this Agreement and are incorporated herein by reference. 5.8 Waiver Failure of the City or School Board to insist upon strict performance of any covenant or condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right, but the same shall remain in full force and effect. 5.9 Legal Representation It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same, shall not apply herein due to the joint contributions of both parties. 5.10 Joint Defense In the event that the validity of this Agreement is challenged through legal proceedings or otherwise, the parties agree to cooperate with 9 each other in defense of this Agreement, with each party to bear its own attorney's fees and costs associated with such defense. 5.11 Provisions Severable This Agreement is intended to be performed in accordance with, and only to the extent permitted by all applicable laws, ordinances, rules, and regulations of the jurisdiction in which the parties do business. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason or to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall permitted by law. 5.12 No Third-Party Beneficiary specifically among and for the benefit of the be enforced to the greatest extent This Agreement is made solely and parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. 5.13 Remedies Each party hereto recognizes and agrees that the violation of any term, provision, or condition of this Agreement may cause irreparable damage to the other parties which may be difficult to ascertain, and that the award of any sum of damages may not be adequate relief to such parties. Each party, therefore, agrees that, in addition to other remedies available in the event of a breach of this 10 Agreement, any other party shall have a right to equitable relief, including, but not limited to, the remedy of specific performance. 5.14 Counterpart Si.qnatures This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. 5.15 Venue/Laws. Th~s Agreement shall be construed under the laws of the State of Flodda with venue in Palm Beach County, Florida. 5.16. Entire Aqreement. This Agreement, together with exhibits and addendums, as may now or in the future be attached and incorporated into this Agreement sets forth all covenants and agreements of the parties, except that the contract for sale and purchase attached hereto shall include other provisions, not contained therein, as provided by this Agreement. IN WITNESS WHEREOF, this Intedocal Agreement has been executed by the parties this ~ day of ,2002, effective upon filing with the Clerk of the Court in the 15"' Judicial Circuit in accordance with the provisions of the Intedocal Cooperation Act. THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, as the Governing Body of THE SCHOOL DISTRICT OF PALM BEACH COUNTY (SEAL) By; Date: Thomas Lynch, Chairperson 11 ATTEST: Art Johnson, PhD, Superintendent Reviewed & Approved: By: School Board Attorney STATE OF FLORIDA ) )ss COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this day of , 2002 by Thomas Lynch, Chairperson of the Palm Beach County School Board, who is personally known to me or who has produced as identification. Signature of Notary Public - State of Florida CITY OF DELRAY BEACH, FLORIDA (SEAL) By: ATTEST: David W. Schmidt, Mayor City Clerk Reviewed & Approved: By: City Attorney 12 STATE OF FLORIDA ) )ss COUNTY OF PALM BEACH) The foregoing instrument was acknowledged before me this day of , 2002 by David W. Schmidt, Mayor of the City of Delray Beach, Florida, who is personally known to me or who has produced as identification. H:\5357\ 13321 \dmterlocalDelrayBeach. F.J~'tljI Signature of Notary Public - State of Florida 13 EXHIBIT "A" Per Paragraph 3.1.1 of the In(ertocal Agreement, i:he &3 acres of fond l:o be conveyed I:o ~.he School Board is located witt~ln the approximate 48 acre ar~a shown in [he attachmenL ,J CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), and THE SCHOOL OISTRICT OF PALM BEACH COUNTY, ("Buyer"). hereby agree that the Seller shall sell and Buyer shall buy the following described Real Propert~ ancl Personal Property (collectively "Property") upon the fo[lowing terms and conditions, whicl't INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to thIs Contract for Sale and Purchase ("Contract"): DESCRIPTION: II. PURCHASE PRICE .............................. USS 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 the deposit(s) will, at Buyer's option, be returned to Buyer and the offer w~thdrawn. The date of this Contract ("Effective Date") will be the date when the Iast one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: closing papers delivered provisions of this Contract. This transaction shall be closed and the deed and other on ., unless extended by other VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to F~eal 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); provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for purpose. Vl~. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, except as provided and permitted by the lnterlocal Agreement. but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall 'be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein, if occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from 02/20,'02 ~ED 16'28 [TX/RX NO 942'2] that date, and shall be deemed to have accepted Property in their existing condibon as of time of taking occupancy unless otherwise stated hereto or in a separate wnting. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handw, ntten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. DISCLOSURES: (a) (b) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Rodon testing may be obtained from your County Public health unit. Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. Xl. SPECIAL CLAUSES; ADDENDUM: If additional terms are to be provided, they will be provided in the attached addendum, tf there is an addendum, check here. CITY OF DELRAY BEACH SCHOOL BOARD OF PALM BEACH COUNTY, ON BEHALF OF THE SCHOOL DISTRICT OF PALM BEACH COUNT'Y, FLORIDA By: David W, Schmidt, Mayor Date By: . Thomas Lynch, Chairman Date ATTEST: By:. City Clerk Dr. Art Johnson School Superintendent Approved as to Form: Approved as to Farm: City Attorney General Counsel 0Z/Z0/02 WED [6 28 [TX/R% ~0 94221 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, a Florida mumclpal corporation BUYER: SCHOOL DISTRICT OF PALM BEACH COUNTY PROPERTY ADDRESS: Xl. SPECIAL CLAUSES; ADDENDUM (Continued): A. The soil, surface water, drainage requirements and run off availability, geological conditions, and environmental state of the property being purchased must be acceptable to Buyer in Buyer's discretion. This shall be determined using (il the results of the Phase I and/or Phase II environmental studies referred to in the February 2002 fntedocal Agreement between the '~;hool Board of Palm Beach County and the City of Delray Beach at paragraph 3.15 or !~) existing test borings and studies or by performing other test bodng and other soil, geological and engineering studies which may be conducted by Buyer at Buyer's expense within forty-five (45) days from the date of this Contract. Notice of the results of the latter testing shall be furnished to Seller. During the term of this Contract, the Buyer, or Buyer's employees, agents, representatives, or assigns, shall have full and complete right to enter upon the property for the purpose of making any and all Inspections, tests and studies of the property. In the event the Buyer determines within said inspection period that the property shall be in a condition unacceptable to Buyer, the Buyer shall have the right to cancel this Contract by delivering written notice thereof within said inspection period to Seller and receive a full refund of the deposit paid under th~s Contract. In the event the Buyer does not cancel this Contract as aforesaid, the Buyer expressly waives any and all claims against Seller with respect to the condition of the subject property and the Buyer accepts the subject property in its "as is" condition. Seller hereby notifies Buyer that Seller is unaware of any defects or repairs required to the subject property other than: B. This Contract is expressly contingen[ and conditioned upon the approval of the same by the City Commission of the City of Delray Beach and the School Board of Palm Beach County. Florida. 02/20/02 ~ED L6'2.~ [T'~,'R.'~ NO 94'_'21 Gi4yer. [ITY DF DELRA¥ BER[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Direct Line: 561/243-7091 MEMORANDUM February 25, 2002 City Commission Susan A. Ruby, City Attorney Contract with Continental Homes and Phase II Environmental Report The contract between the City and Continental Homes provides that the City may, in its sole discretion, terminate the contract and receive a refund of its deposit monies by March 1, 2002. The City is scheduled to close March 18, 2002. If the City fails to close on March 18, 2002, the City will forfeit the $200,000.00 deposit. The purchase price for the 19.653 acres less the deposit is $ 6,190,000.00. A copy of the contract is attached for your review. Also attached is a copy of the Phase II environmental report. If you have any questions, please give me a call. Attachments CC: David T. Harden, City Manager Robert W. Federspiel, Esq. Barbara Garito, City Clerk CONTRACT FOR SALE AND PURCHASE PARTIES: CO~INENTAL HOMES OF FLORIDA, INC., ("Seller") , of 8000 Governors Square Boulevard, Suite ~101, Miami Lakes, FL 33016, (Phone (305)51~-4954, and the CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer") , of 100 N.W. 1~ Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000}, hereby agree that ~he Seller shall sell and 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 Transactions {"Standard(s)") on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). DESCRIPTION: {a)Legal description of the Real Property located in Palm Beach County, Florida: A parcel of land in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commence at the Southeast corner of Lot 1, Bock 1 of SUDAN - UNIT A, according to the map or plat thereof as recorded in Plat Book 28, at Page 144, of the Public Records of Palm Beach County and run South 89°45'41'' East 72.02 feet to a point located on the Westerly right of way for Lake Worth Drainage Canal No. E-4, then run South 11°54'42'' West along said Westerly right of way 553.56 feet, to the Point of Beginning, from said Point of Beginning continue South 11054'42'' West along said E-4 right of way 774.23 feet to the Northerly right of way for lateral canal No. L-33, then run South 89040'57" West along said Northerly right of way 1037 59 feet, then run North 01°05'55'' West along the Easterly boundary of a 60 foot roadway as recorded in Official Record Book 9838, at Page 565 for a distance of 765.05 feet to the South boundary of Coral Trace Subdivision, then run South 89~55'27'' East along said boundary line a distance of 1212.05 feet to the Point of Beginning. The Easterly 24 feet subject to easement as recorded in Official Record Book 9838, at Pages 561 and 569. Consisting of approximately 19.653 acres, more or less Property Control no. 12-43-46-18-00-000-1250 (b) Street address, city, zip, of the Property is: II. P~IRCHASE PRICE: PAYI~F/TT: (a) Deposit due upon the approval by the City Commission pursuant to the contingencies set forth in Addendum Section B to be held in escrow by Robert W. Federspiel, P.A. Trust Account In the amount of (b) Balance to close (U.S. cash, LOCA~LLY D~WN certified or cashier's check), subject to adjustments or proration Total $ 6,390,000.00 $200,000.00 $ 6,190,000.00 $ 6,390,000.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If thls offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties prior to such offer being withdrawn by the first party signing, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ("Effective Date") will be the later of the date when ~he last one of the Buyer and the Seller has signed this offer or the date the City Commission of the City of Delray Beach approves this Contract. A facsimile copy of this Contract and any slgnatures thereon shall be considered for all purposes as originals. This Contract may be executed in counterpart. IV. TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY ONE) : 0Seller 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 0title 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 trans trion shall be closed and the deed and other closing papers delivered within s_.<ty (60) days from the Effective Date, unless modified by other provisions of ConSract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to the matters described in Exhibit VII. OCCUPANCY: Seller warrants 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 time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all rlsk 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. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1)~ may assign and thereby be released from any further liability under this Contract; ~may assign but not be released from liability under this Contract; or .may not assign this Contract. X. DISCLOSURES: (a) Radon (b~ is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit. Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDEITDA: If additional terms are to be provided, attached addendum and CHECK HERE ~. Tax ID No. 60-0811624154C CONTINENT~J~ HOMES OF FLORIDA, INC. Social Security or r~ ~O No. Deposit(s) under Paragraph II (a) received; IF OTHER TH3%N CASH, THEN SUBJECT TO CLEA3~ANCE: ROBERT W. FEDERSPtEL, By: SELLER: BUYER: PROPERTY ADDRESS: ADDENDUM TO CONTRACT FOR SALE AND PURCHASE CONTINENTAL HOMES OF FLORIDA, INC. CITY OF DELRAY BEACH, a Florida municipal corporation XI. SPECIAL CLAUSES; ADDENDA (Continued) : The Buyer shall have forty-five (45) days following the approval by the City Commission pursuant to Section XI(B) below within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole dlsc-~etion, whereupon Buyer shall receive a full refund of all deposit ~onies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. In the event the Buyer does not cancel this Contract as aforesaid, the Buyer expressly waives any and all claims against Seller with respect to the condition of the subject property and the Buyer accepts the subject property In its "as is" condition. Seller hereby notifies Buyer that Seller is unaware of any defects or repairs required to the subject property other than: The Seller hereby agrees to provide Buyer with an Affidavit attesting to the expenditure of those sums identified in invoices and receipts attached to the Affidavit relative to the improvement of the subject real property from the time of acquisition by the Seller through the effective date of this Contract. Prior to closing, the Seller shall be entitled to continue to make all submittals and proceed through all appropriate approval processes within the City of Delray Beach for its proposed development of the property during the Inspection Period, and the Buyer and acknowledges that all such submittals and requests for approval shall be processed in the City's ordinary course of business. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach within ten (10) days following the Effective Date, and this Contract shall expressly not be deemed an "offer" for any purpose unless and until the said City Commission shall have approved and accepted said Contract in open session. If this Contract is not approved by the City Commission of the City of Delray Beach within ten (10) days following the Effective Date, then this Contract will be null and void and of no further force or effect. The parties warrant and agree that there is no broker involved in this transaction. BUYER'S INITIALS: S~L~RS' INITIALS: STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1)An abstract of t~t[e prepared or brought current by a reputable and e.<lstlng abstrac~ firm (if not Rea[ Proper~y recorded In the public records of ~he county wherein Real Propert/ ~s located. ~roug~ Effective Date [~ shall commence wzgh ~he earl~esg publlc records, or such later da~e as ~y be customary l~ ~he county Upom C!osk~g of this Contract, the · DscracC shall become che property of Buyer, c_b]ect ~o the rlg~C of retention thereof by f=rsc mortgagee until fully paid (2} A title ~surance comml~me~ [ssued by a Flor[da llcensed ~[tle ~nsurer agreelng ~o issue ~o Buyer, upon recording of the deed Buyer, a~ owner's policy of t[c~e insurance [n the amount of ~he purchase price, lnsur~ng Bufer's ~le co Real Property, subject only to liens, encu~rances, exceptions or quaf[flcat[on provided [n ch[s Con~acc and ~ose which shall be d&scharged by Seller at or before ctoslng Seller shall convey a ~rkeCable ~[Cle subject only zo liens, encu~rances, exceptions or ~al~f~cac~ons set forth un Contract Marketable ~=le shall be dete~ined according co appllcable Title Scandards adopted by authority of The Florida Bar and ~n accordance w~t~ ~aw. Buyer s~fl ~ve l0 ~ys. uf abstract, or 5 days. ~ tulle co~me~t, from dase of recelv~n~ evLdence of ~l=le to examine ~= If ~tle ~s found defectlve, Buyer shall, w~h~n 3 days ~hereafter, notlfy Seller ~n wrl=lng speclfylng delectus) I~ the defect(s) render tx~le un~rketable, Seller w~[l have ]0 days from rece~p~ of not~ce %o remove t~e delectus), fa~l~ng whlch Buyer shall, w~c~n flve (~) days after exp~ra~lo~ of ~he chlrty (30) day perlod, del~ver wr~zuen ~ot~ce =o Seller either (1) extending uhe t=me for a reasonable per~od not co exceed i20 days w~=h~n which Seller shall use d~l~gen~ effort ~o re,ye ~he defects, or (2)recessing a refund of deposit(s) pa~d which s~all ~ed~acely be returned co Buyer If Buyer fa~ls Zo so noc~fy Se~ler, Buyer shall be deemed co have accepted ~he =~tle as =~ ~hen ~s Seller shall, ~f ~lCle ~s found unmarketable, use d~l~genc effort =o correct defect(s) ~n t~=le w~=h~n the z~me p~ovlded ~herefor If Seller ~s unable ~o t~mely correct ~he defects, Buyer shall e~ther walve the defects, or ~ecelve a refund o~ ?osl~(s), =hereby releaslng Buyer and Seller from all further oDllgaclon under ~s Con=rac~ B. P~E MO~Y MOR~GE; SE~I~ A~ TO SELLER ~ purchase money ~rtgage and mortgage note zo Seller shall prov~Ge for a 30 day grace perlod ~n the event of default ~f a ~rst mortgage and a 15 day grace per~od if second or lesser ~r%gage, shall provide for r~gh= of pre~a~en~ in whole or In part w~thou= penalcy, shall pe~l~ acceleration ~n even= of transfer of ~he Real Proper=y, s~all re~&fe all prior l~en and encu~rances co be kept ~ good s~and~mg and forb~d ~d~flca=~ons of or future advances under pr%or mortgage(s), s~all re~re Buyer ~o maintain policies of ~nsurance containing a standard ~rtgagee clause covering all ~mprovemen=s located on the Real Property against flre and all perI!s included wi=nih the ze~ "ex=ended coverage endorsements" and such other rzsks and perlls as Seller ~y reasonably re~re, Ln an amo~ e~al ~o =he~r h~ghesC ~nsuraDle value, and ~he ~rtgage, note and securlty agreement shall be otherwise in form and comtenc re~lred by Seller, but Seller may only re~lre clauses cuscomar/1y found in ~ortgages, mortgage ~otes, and security agreements generally utilized by saving and ioa~ insc1ZUClOnS or state or national banks located ~n the county whereln Real Property is located All ~ersonal Property and leases belng conveyed or assigned w~ll, at Se~er's o~t~on, be s~]ect to the l~en o~ a security agreement evidenced by recorded f~nanc~g s~a~e~n~s If balloon mortgage, che flnal 9a~enc wlll exceed the periodic pa~encs ~hereon C. S~Y: Buyer, aC Buyer's expense, wlt~ln ~lme allowed Co dellver evldence of clcle, may ~ave Real Property su~eyed and cerclfled ~y a reglstered Florlda su~eyor If the su~ey dlscloses encroachmencs on the Real Property or Chat improvements located ~hereon encroach on seCback llnes, easements, ia~ds of ochers, or v~olate a~y rescrlcClons, ConCracc covenanCs or appllcaDle governmencal regulac~on, the same shall consc~cuce a c~le defect ING~SS ~ EGRESS: Seller warrants and re~resen~s =na~ there ~s ~ngress and egres~ zo ~he Real Property sufficient for ~he 5~SES: Seller shall, no~ less ~han 15 days before closing, furnish ~o Buyer co9~es of all written leases and estoppel ~rom ~ach tenant specifying the nature and duras~on of the tenant's occupancy, rental rates, aduanced rem= and ~ecur~y de~s~s w~hln ~hat ~lme 9erlod In =he fo~ o~ a Seller's a~dav~=, and Buyer may ~herea~ter con=ac~ tenants =o con~lrm such Seller shall, at closing, dellver and asszqn all original leases ~o Buyer G. LIENS. Seller shall furnish ~o Buyer a= =~me of closing an affldavl~ a~esZlng ~o ~he absence, unless o=ke~lse provlded for no ~mprovemen~s or repalrs ~o Property for 90 days l~edlazely precedlng date of closing If Proper~y has been lmproved, or repalred suDDllers, and ma~er~almen in addl=lon ~o Seller's l~en affldav~ se~ng forth ~he names of ali such general con~rac~or~, subcontractors, su~l~ers and ~er[alme~ and further affLrm;ng ~ha~ ali charges for ~mDrovemen~s or repairs which could serve as a bas~s for a ~echanlc's llen or a claim for damages nave been pald or wlli be 9ald a= c!oslng of ~h~s Contrac= closing agen~ des~gnaaed by Seller It TIME. [n compuTlng time perLods of less than sux ,bi days, Saturdays, 3undays and state Dr national legal holLdavs ~ra.i be excluded ,%ny ~[me periods provided for here~n which ~hall end on Saturday, Sunday or legal holiday shall e~cend Co 5 00 p ~ of zhe ~ext business day Time is of =he essence ~n thxs Con=rat=. J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, b~ll of sale, construction Lien a~flda'zlt, owner's possession affidavit, asslgnmemzs o~ leases, ~enant and mortgage estoppel letters, and corrective lnstrumemts Buyer s~all furnish closing K. EXPENSES: Documentary stamps on the deed ~nd recording corrective ~nstrumemts shall be paid by Seller Dccu:ncntar? f~manclng statements s~all be paid by Buyer Unless otherwlse provided by ~aw or rider to ~hls Con=rac~, charges for '~he following related title services, namely title or abstract charge, title examlna~los, and se~=lemen~ and closing fee, shall be paid by ~ne party responslble for furnlshlng ~he title evidence in accordance with Paragraph v even= premlums shall be prorated Cash ac closlng shall be increased or decreased as may be required by prorations to be made through day prior To closing Or occupancy if occupancy occurs before closing. Advance rent and security deposlcs w~ll be credited ~o Buyer Escrow deposits held by mortgagee wL~l be cred=~ed To Seller Taxes shall be prorated baaed on =he current year's Tax w~ch due M. SPECIAL ASSESSMENT LIENS: Cer=lfled. conflrmed and raTlfled special assessment llens as of da~e of closing (no= as of Effectlve DaTe) are to be paid by Seller Pendlng liens as of date of closing shall be assumed by Buyer If ~he lmprovemenc has substantially completed as of Effec~Ive DaTe, any pending lien shall be considered as certified, confirmed or ra~lfled and Seller shall, aT closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body O. RISK OF LOSS: I~ the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obllga~lon of the Seller and closing shall proceed vakuatlon of ~he ~mprove~en~s so damaged, Buyer shall have ~e o~on of e~ther taking Property as is, ~o~ether w~h e~her the t% or any lnsurance proceeds payable by virtue of such loss or damage, or of canceling Contract and recelvlng return of deposlt(s} P PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall se recorded upon clearance of funds If an abstract of zltle has been 'would render Seller's ~ltle unmarketable from =ne date of the last evidence Ail closing proceeds shall be held in escrow by Seller's a~orney or other mutually acceptable escrow agen~ ~or a per~od of not more uhan 5 days after closing dace If rendered unmarketaDle, uhrough no fault of Bu'/er. Buyer shall, wl=hln che 5 day period, notify Seller ~n writing of the defect and Seller shall have 30 da,fa from date of receipt off such notlflcaulon To cure =ne defect 5f Seller falls =o timely cure the defect. all deposit(s) shall, upon wr!~=en demand by Buret and wl¢hln 5 days after de.and, De returne= to Buyer and simultaneous!/ wl~h such repayment, Buyer shall re~urn Personalty and zacate Peal Proper~y and reconvey ~he Property to Seller by special warranty deed and blll of sale If Buyer falls to make ~mely demand ~or refund, Buyer shall take title as Is. ,waiving all rlgnTs against Seller as to in chls ConTrac~ Seller shall have the right ~o rew~lre from the lendlng institution a wrlzten commltmen~ Chat 1= wlll not wltb~old d~sbursem~rlt of rnor~gage proceeds Js a result of ~nv t~sie ~eEect att:ibu~ao!e ~o 3t]ye~ mortgago~ The escrow ,~nd Q. ~SCROW: Aay escrow ,]gent ("Agent") recelvLng ~unds or equivalen~ ~$ ~us~orLzed ,~nd agrees by acceptance Of them to de~osLt them of clearance of funds shall not excuse Buyer's performance rf [n doub~ Is to Agent's dusles Or l~aDll~tles under the prov~sLons of disbursement, or untli a }udgmen: of a court of compe~en~ ]urlsd~ctlon shall determlne :he r~ghts of the parties or Agent may de~oslt w~th :he clerk of the c~rcu~t court hav~ng ]ur~sd~ctLon of the d~spute U~on notifying all part~es concerned of such action, all l%ab~l~ty on the part of Agent shal~ fully terminate, except to the extent of accounting for any ~tems previously delivered our of escrow [f a l~censed real estate broker, Agen~ w~li comply w~:h pro,/kslo~s of Chapter 475. F S , as ]mended Any su~ between Buyer and Seller where Agent ~s made a party because of acting as Agent hereunder, or ~n any su~ whereln Agent ~nterpleads the subBect the escrowed ~unds or equivalent and charged and awarded as cou~t costs ~n favor of :he prevailing par5z The Agent shall no: be w~l~ul breach o~ Contract or gross negligence of Agent R. ATTORNEY F~Efl; COSTS: ~n any l~ga~lon, ~nclud~ng breach, enforcemen~ or ~nter~re~at~on, arising out of prevailing party Ln such llzlgat;on which0 for the purt~oses Of :bls Standard, shall ~sclude Seller, Buyer, and any brokers acting ~n agency or nonagency relationships authorized ~y Cka~ter 475, ? S , as amended, shal~ be entitled to recover from the eon-prevailing fi. ~AILURE OP PERFORF~,WC~: ~f Buyer fa~ls :0 p=~:Qrm :h~s Contract ~:n~n the ZLme specified ,:~nclud~ng payment of ali deposit(s)), ~he deposit(s) pa~d by Buyer and depose5 ~greed ~o be pa~d, may be recovered and retained by Or for the account Of Seller as agreed upon l~c/u~da:ed damages, cons~dera:~c~ :c~ the executlon of th~s Jontract and ~n full settlement of any cla~ms, whereupon, Buyer and Seller shall be relieved of all obl~ga[ions under Contract; cr Ccilcr, :~ Sailor': cp::Gn, .............. r~..t: un~cr tk~ Ccntr&ct If, for any reason ocher than failure of Seller to make Seller's tLt!e marketable after d~l~gen: effort, Seller fa~ts, neglects or refuses to perforTn th~s Con:rac~, the Buyer may seek specific performance as Buyer's T. CONTRACT NOT RECORDABLE, PERSONS SOUND; NOTICe: Neither ~h~s Con~rac: nor any not~ce Of ~t shall De recorded ~n any public pe-~mLts, s~gular shall Lnclude plural and one gender shall ~nctude all No:~ce g~ven by or to :he attorney for any par~y shall be as effective as if g~ven by or :0 :hat party. U. CO~YANCE: Seller shall convey ~le to Real Property by s~a~u~ory warranty, ~rustee's, personal representative's or guardxan's deed, as appropriate ~0 the status of Seller, sub]ec~ only :0 matters contained ~n Paragraph VII and :hose otherwise accepted by Buyer Personal Property shall, a~ request of Buyer, be transferred by an absolute b~ll of sale wlth warranty of t~:le, V. OT~R AGEE~aTS: NO prior or present agreements or representations shall be b~nd~ng upon Buyer or Seller u~les$ ~ncluded by :he party or part~es ~ncended ~0 be bound oy FEB. 19. 2002 S: 1SPM MUTTIMG EMGIMEERS ENVIROnmENTAL SRV. DEPT. ~ C1'1'¥ A'I"I'Y M0.518 REPORT QF PHASE II ENVIRONMENTAL PROPERTY ASSESSMENT OF PROPOSED HIQH SCHOOL PARCEL VACANT 19.6 ACRE PARCEL NORTHEAST CORNER OF CORAL TRAIL & CANAL L-,33 DELRAY BEACH, FLORIDA FOR CiTY OF DELRAY BEACH 434 SOUTH SWINTON AVENUE DELRAY BEACH, FL 33444 PREPARED BY NUl'llNG ENV;RONMENTAL OF FLORIDA, 1310 NEPTUNE DRIVE E]OYN'T~N BEACH, FL 33426 FEBRUARY 2002 NUTTING ENVIRONMENTAL OF FLORIDA, INC. Envlrr=nmerlt~l Property Assessments Contamln=tion Assessments · Remediatlon Lsboratory Services - Monitoring Wells wv~,nuttingengineers.cc~m · info ~ nuttingengineers.com I I 1310 Neptune Odve * Boynton Beach, FL 3;3426 Beach (56t) 7:~2-7200 · Pompano Beach (g$4) 782.7200 - MiamiJOade (SOS) 858-0981 · Fax (551) 737-9975 02/21/02 THU 17:13 [TX/RX NO 9433] NUTTING ENVIRONMENTAL OF FLORIDA, INC Environmental Property Assessments Contamination Assessments · Remediation Laboratory Services · Monitoring Wells www. nuttingengineers.com · info@nuttingengineers.com February 19, 2002 City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Attn: Mr. Randall Krejcarek Re: Phase II Environmental Property Assessment Propose.d High School Vacant 19.6 Acre Parcel Northeast Corner of Coral Trail Drive & Canal L-33 Delray Beach, Florida NEF # 747.15 Dear Mr. Krejcarek: NU'I-rING ENVIRONMENTAL OF FLORIDA, INC. (NEF) has performed a Phase II Environmental Property Assessment at the above referenced project in general accordance with the scope and limitations of ASTM Practice E-1903 and in accordance your verbal authorization of February 15, 2002. This report completes NEF's services at the project as set forth in NEF's proposal. The purpose of this assessment was to develop additional information on "recognized environmental conditions" noted in NEF's Phase I Environmental Property Assessment of February 2002. Please see section 2.0 of this report for further details regarding NEF's methodology. For further information regarding our company's qualifications, please visit our World Wide Web page at http://www.nuttingengineers.com/or contact the undersigned at your convenience. 1310 Neptune Drive · Boynton Beach, FL 33426 Boynton Beach (561) 732-720.0 · Pompano Beach (954) 782-7200 ° Miami/Dade (30~5) 858-0981 · Fax (561) 737-9975 PURPOSE AND SCOPE Special Terms and Conditions Independent examination of the facts developed for the subject site is the principal component of a due diligent environmental assessment effort. NEF has made a due diligent effort to obtain and verify as many facts pertinent to an environmental evaluation of the subject site as possible, given time and physical constraints. A rigorous effort has been made to identify recognized environmental conditions on the subject site, but because of limitations within the data used to evaluate the property and limitations inherent in the quantitative tests performed, it is not possible to guarantee that the site is completely free of recognized envIronmental conditions. Our client for this Phase II Environmental investigation was: City of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 Attn: Mr. Randall Krejcarek The contents of this report are ~or the exclusive use of the clients and their authorized representatives. Information conveyed in this report should not be used or relied upon by other parties without the written consent of NU'FI'ING ENVIRONMENTAL OF FLORIDA, INC. Limitations and Exceptions of Assessment The Phase II Environmental Property Assessment was conducted in general accordance with the scope of work described above and in substantive accordance with the scope and limitations of ASTM Practice E-1903 of the above referenced site, the property. The work conducted by NEF is limited to the services authorized by the client, and no other services beyond those explicitly stated should be inferred or implied. A recommendation that further assessment activities are not warranted or mandatory at the subject site in no way constitutes an assurance by NEF that recognized environmental conditions are not present at the subject site, but reflects NEF's opinion, based upon the evidence encountered, that there is a Iow likelihood that recognized environmental conditions are present on the properly. The client should be aware that the information contained in this report is being held in confidence. NEF has no obligation under Florida law to report to regulatory agencies the presence of limited contamination detected during the performance of environmental property assessments.. However, the client or owner of the property may have such a reporting obligation. A legal opinion relative to these responsibilities should be obtained by the client or owner. Limiting Conditions and Methodology Used It is understood that an environmental assessment generates information upon which to form an opinion regarding site conditions and does not lead to full knowledge of property conditions. There can be no assurance nor does NEF offer any assurance that property conditions do not exist or could not exist in the future which were undetected at the time of the assessment and could lead to liability in connection with the property. In conducting the investigation, NEF analyzed records and site conditions in accordance with industry accepted environmental property assessment practice. We cannot predict what actions, if any, a given regulatory agency may presently take or what standards and practices may apply to the property in the future. NU'I-rlNG ENVIRONMENTAL OF FLORIDA, INC 2 The findings of this investigation are based upon conditions identified at the time of our study and may not necessarily represent concealed conditions or conditions which may develop subsequent to our study. All field testing performed as a part of the scope of work of this investigation was conducted in general accordance with NEF's State approved Comprehensive Quality Assurance Plan #910269G (CQAP). The client provided NEF with a site diagram defining the boundaries of the subject property Resurveying or confirmation of the actual legal boundaries of the subject property was not included as a part of this investigation. NEF will not be held responsible for inaccuracies in site boundary information provided by the client. Certain sections of the report may contain information derived from regulatory agency databases and files, historical information resources, laboratories and interviews with persons familiar with the subject property. NEF cannot be held responsible for the accuracy or completeness of the information from these sources. Therefore, NEF assumes no liability for any loss resulting from errors or omissions arising from the use of inaccurate or incomplete information or misrepresentations or omissions made by others. Field headspace testing, performed with a Flame Ionization Detector (FID), is frequently used to screen soil samples for the presence of certain Volatile Organic Compounds (VOCs) present in gasoline, diesel fuel, and some solvents. Field headspace testing is conducted by.NEF in accordance with procedures outlined in Chapter 62-770 Florida Administrative Code (FAC) for the presence of detectable concentrations of VOCs. An in-line condensable carbon filter is used to obtain filtered readings to correct for the presence of naturally occurring VOCs. Net VOC readings are calculated by subtracting the filtered reading from the unfiltered reading for each sample. Although valuable in estimating the degree of impact from certain types of contaminants, many petroleum and non-petroleum contaminants cannot be detected with this method; therefore, the results of the field headspace testing should not be used to construe that the subject property is free of environmental contamination. Laboratory results are expressed in this report in parts per million (PPM, mg/L or rog/Kg) or parts per billion (PPB, I~g/L or l~g/Kg). Field headspace screening results are expressed in parts per million (PPM). Sampling depths are expressed in feet below land surface (BLS). Test data presented in this report pertains to the actual soil and groundwater samples recovered at the subject site. Substantial variation in soil and groundwater quahty can occur between test locations. NEF has attempted to exercise due care in the selection of test locations and test parameters to provide the basis for the opinions expressed in this report. NUTTING ENVIRONMENTAL OF FLORIDA, INC. 3 i HISTORICAL SUMMARY During the course of a Phase I Environmental Property Assessment performed by NEF on the subject site in February 2002, the following recognized environmental conditions were noted on the subject property: 'liVe have performed a Phase I Environmental Property Assessment in general accordance with the scope and limitations of ASTM Practice E- 1527 of the above referenced site, the property. Any additions, exceptions to, or deletions from, this practice are des_cribed in Section 2.0 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the property except for the following: Issue I During the course of this investigation, NEF personnel reviewed historical aerial photographs for the subject area which indicated that the northern portion of the site apparently had been in use for agricultural purposes from the early 1970s and ending in the late 1970s. Given the apparent historical use of this portion of the subject site for agricultural purposes, it is NEF's opinion that there is a Iow to moderate likelihood of potential agrochemical residue at the site from this former land use. In this regard, NEF recommends that three surf/c/al soil samples be collected near the northern properly line on the subject property. These soil samples should be submitted for analysis per EPA Methods 8081A (organochlorinated pesticides), 8141A (organophosphorous pesticides), 8151A (chlorinated herbicides), and total arsenic. Issue 2 On the day of the site inspection, NEF personnel observed what appeared to be a composting facility adjoining the subject site to the northeast. Additionally, NEF personnel observed an approximate 1000 gallon above ground storage tank (AST) situated on that parcel. A Database Search report prepared for NEF by the First Search Company did not yield a listing for th. is facility nor did a review of Florida Department of Environmental Protection (DEP) southeast district office files yield a listing for this facility. NEF personnel observed the address of the subject facility as being 150 Davis Road based on reconnaissance of this off site facility on the day of the site inspection. NEF did find a listing for "M & P Services" located at 2480 Owens Baker Road on file at the Palm Beach County Department of Environmental Resources Management (ERM). Site plans on record at ERM list entrances for this facility both on Owens Baker Road (2480) and Davis Road (150). The file on record at ERM for this facilit~ yielded the following information: Poor house keeping practices were noted in the vicinity of former underground storage tanks (USTs) located on this parcel according to pollutant tank inspection reports dated 1992 in the ERM file. On February 3, 1997 three USTs were removed from the site and replaced with a 1000 gallon above ground storage tank (AST) used to store unleaded gasoline.'A tank closure assessment report (TCAR) prepared for this tank closure on July 28, 1997 stated that no groundwater contamination was indicated. Correspondence from ERM dated December 1, 1997 stated that no additional investigation was required with respect to this tank closure. The most recent tank inspection of this facility performed on October 30, 2001 listed this facility as being in compliance. Given the above, the d/stance and direction of the tank located on this parcel from the subject site and an absence of information indicating an encroachment of petroleum related contaminants to the Site (in the data reviewed), it is NEF's opinion that the tanks documented at this facility in ERM records pose a Iow likelihood of creating "recognized environmental conditions" to the subject site at this time. Therefore, NEF is not recommending further environmental investigation in this regard at this time pertaining to these offsite tanks. NUTTING ENVIRONMENTAL OF FLORIDA, INC. 4 i However, it is NEF's understanding through conversations with Mr. Forrest of the Florida Department of Environmental Protection Southeast District Office (DEP/SE) that the composting activities at this facility are being conducted without the knowledge or proper licensing from the DEP/SE. Mr. Forrest stated that properly licensed/operating composting facilities are usually not required to perform groundwater monitoring. However he did state that if chromated copper arsenate (CCA) treated lumber is co-mingled with the compost material, then the chemicals impregnated within this lumber may leach out and contaminate the property. Given the above and the close proximity of this facility to the subject site, NEF recommends that a monitoring well be installed on the subject site across from this facility. A groundwater sample should be collected from this well for analysis for chromium, copper and arsenic. Issue 3 During the course of this investigation, NEF personnel reviewed historical aerial photographs for the subject property and surrounding area which indicated properties lying approximately 200 feet to the east and 200 feet to the west which are depicted in the 1960 aerial photograph with objects consistent with dumping. A review of the aerial photograph dated 1968 and subsequent aerial photographs did not depict evidence of dumping on these two parcels. Given the distance of these off site facilities from the subject pr~)perty, the relative time frame in which these facilities operated (prior to 1965), the presence of a canal between the subject property and the off site facility to the east (which would act as a hydrostatic barrier between the subject property and this off site facility), and the absence of information indicating a discharge of chemical contaminants on these properties (in the data reviewed), it is NEF's opinion that the presence of these potential former dump sites poses a Iow likelihood of presenting "recognized environmental conditions" to .the subject site at this time." NUTI'ING ENVIRONMENTAL OF FLORIDA, INC. 5 ~ SCOPE OF WORK Test Pits Test pits were not performed as a part of the scope of work of this investigation. Test Borings Soil borings were not performed as a part of the scope of work ~f this investigation. Soil Laboratory Testing On February 18, 2002, NEF personnel collected three surficial soil samples (SS-l, 2 & 3) for laboratory analysis using equipment decontaminated in accordance with our CQAP. Samples were transported on ice to the laboratory for analysis per EPA Methods 8081A (chlorinated pesticides), 8141A (organophosphorous pesticides), 8151A (chlorinated herbicides) and total arsenic. The samples were collected from the 0-6" interval below grade. These soil samples were collected from locations near the northern property line in which agricultural activities were depicted in historic aerial photographs. Monitoring Well Installations On February 18, 2002, NEF personnel installed one well point (TMW-1) as a part of the scope of work of this investigation. The well point was installed within a manually augured bore-hole. The two inch diameter ten foot long well screen (0.010 inch slot) was installed to the maximum depth below the water table which could be penetrated with the manual drilling equipment. The well poiht was developed until physical parameters stabilized and all traces of PVC shavings were removed. The average depth to ~vater was observed at approximately 6' below grade on the day of sample collection. This well was positioned on the subject property across from an undocumented offsite composting facility. Monitoring Well Testing On February 18, 2002, NEF personnel purged and sampled the well point. The well point was sampled in accordance with NEF's CQAP using a pre-cleaned Teflon bailer. The well point was sampled for laboratory analysis for total and filtered arsenic, copper and chromium. Other Other testing methods were not employed as a part of the scope of work of this investigation. NUTTING ENVIRONMENTAL OF FLORIDA, INC 6 i RESULTS Soil Laboratory analysis of the grab soil samples collected at borings SB-1,2 & 3 pesticides and total arsenic, as follows: indicated the presence of chlorinated Summary of Soil_Quality Results February 18, 2002 Results Stated in Parts Per M~llion (m~/K~l) · BDL = Below Laboraton/Detection Umits Compound SB-1 SB-2 ' SB-3 SCTL Metals: Arsenic 0.284 BDL 0.293 0.8 Pesticides: 4,4'-DDD 0.0094 0.00096 0.0021 '4.6 4,4'-DDE 0.0039 0.0040 0.0024 3.3 4,4'-DDT 0.020 0.0015 0.0018 3.3 SCTL' Soil Cleanup Target Levels estabhshed for chemical constituents in soil as defined in Chapter 62-777 FAC (Direct Exposure Column I criteria - residential use assumptions). BDL Below Detect,on Limits All other select parameters were reported below detection limits for the soil samples collected. Copies of the laboratory analytical results and chain of custody forms are attached. Groundwater Results of the lab..oratory analysis of water samples obtained from TMW-1 indicated the presence of certain heavy metals, as follov~s: Summary of Groundwater Testing R~ults February 18, 2002 Results Stated ~n Parts Per Billion (pg/L) except * in Parts Per Million (mg/L) BDL = Below Laborato~ Detection Limits Compound TMW-1 GCTL Metals: Arsenic 33 50 Chromium 21 100 Cooper 30 1000 GCTLs: Groundwater Cleanup Target Levels established for chemical constituents m groundwater as defined in Chapter 62-777 FAC. Copies of the laboratory analytical results and chain of custody forms are attached. NUTTING ENVIRONMENTAL OF FLORIDA, INC. 7 CONCLUSIONS AND RECOMMENDATIONS The data developed during this investigation was below state cleanup target levels as promulgated in Chapter 62-777 Florida Administrative Code (F.A.C.) for the select analyses run on the soil and groundwater samples collected. Given this data, it is NEF's opinion that further environmental investigation is not warranted at the subject site at this time. NEF appreciates this opportunity to be of service. Should you have any further questions or concerns, please do not hesitate to contact the undersigned at your convenience. Sincerely, Dahfrd Anderson Senior Project Manager Attachments: Figures Laboratory Analytical Results Filename: City of Delray Proposed HS P2 NUTTING ENVIRONMENTAL OF FLORIDA, INC. 8 NUTTING ENGINEERS OF FLORIDA INC. ESTABLISHED 1967 Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · inspection ° Testing www, nuttingengineers.com February 19, 2002 Mr. Randal L. Krejcarek, P.E. City Engineer City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33a, a,4 Phone: 561-243-7322 Fax: 561-243-7314 Subject: Report of Geotechnical Exploration (Test Pits, and Test Borings) Tate Property West of Davis Road, East of Coral Trace Boulevard, and North Of LWDD Canal L-33 Delray Beach, Florida Dear Mr. Krejcarek:. Nutting Engineers of Florida, Inc. has performed geotechnical exploration at the above referenced property in Delray Beach, Florida. The purpose of this exploration was to obtain more detailed information concerning the present site and subsurface conditions throughout the property in order to provide site preparation and foundation design recommendations for support of future proposed construction. This report presents our findings and recommendations. PROJECT AND BACKGROUND INFORMATION We understand that the City of Delray Beach is.considering the purcha.s'e of this property to develop a high school. The property is approximately 20 acres in siz6 and before the city could decide whether to purchase the property, general soil conditions needed to be determined to provide information concerning earthwork requirements prior to developing the site. At this time the site was undergoing a demuckingJbackfilling procedure to prepare the site for residential development. In 1995 Nutting Engineers performed a Geotechnical exploration for the site to determine the existing conditions. During that time the site was heavily overgrown with low lying shrubs and grass, as well as various trees such as slash pine, Florida holly, and Maleleucas. The borings on the property were limited to the perimeter, but numerous muck probes did indicate that the southern half and eastern portions of the property contained approximately 2 to 6 feet of fibrous peat. It was recommended that the site should undergo a demucking/backfilling process at that time. 2 1310 NEPTUNE DRIVE · BOYNTON BEACH, FLORIDAt33426 Palm Beach (561) 736-4900 ° Broward (954) 941-8700 · Miami-Dade (305) 858-0981 · Fax (561) 737-9975 · Fax (954) 938-8900 In 1997 The City of Delray Beach hired Nutting Engineers to perform an exploration of the property to determine the amount of organic soils on the subject site in order to determine costs for performing a demucking/backfilling operation. During the investigation an old drainage ditch was encountered that did contain organic soils that was not previously mapped. The result of the site investigation determined that at that time it was estimated that approximately 50,000 cubic yards of soil were required to be excavated. PRESENT CONDITIONS Recently, 2000 the property began to undergo site preparations for the proposed residential development. Continental Homes of Florida, Inc. began demucking/backfilling operations at the subject site. At the time of the soil exploration on February 8, 2002, approximately two thirds of the site was demucked and backfilled for the planned development. A lake was also excavated in the center of the property. About half of the building pads were staked out and at construction grade. The demucked soils were moved to the northeast portion of the property in large stockpiles. The stockpiles ranged in elevation from 5 feet above existing ground surface to as high as approximately 30 feet above the existing ground surface. The current site elevations vary from +15 NGVD at the building pads to a low of approximately +7 or +6 NGVD where the water table is encountered. The actual depths of th~ lake could not be fully determined; however, portions are at least 12 feet in depth. Though most of the fibrous peat has been removed, along the eastern portion of the property the peat still exists. At these locations the site elevation varies from +7 to +9 NGVD. SUBSURFACE EXPLORATION/GENERAL SUBSURFACE CONDITIONS The exploration of current subsurface' conditions included site observation, twenty Standard Penetration Test (SPT) borings (ASTM D-1586) within the subject property, review of the Palm Beach County Soil Survey Map, review of aerial photographs of the site from 1953 to 2000, and a total of 43 backhoe exca. vated test pits observed by a Nutting representative on February 8, 2002. Reproductions of the aerials reviewei:t are included in the appendix section of the report. The locations of the test pits are indicated on the attached test pit location plans. Individual test pit logs are presented in the appendix of this report. The test pits were located at locations established by the Project Geotechnical Engineer using existing site features and a measuring wheel. The test pit locations and relative elevation references is provided to us from the Paving, Grading, and Drainage Plan sheets 1 and 2 of 7 prepared by Schnars Engineering Corporation dated November 5, 2001. Soil Survey Maps The Palm Beach County soil survey maps indicate that the site consists of the following soil series: Anclote fine sand and Okeelanta Muck. !NEERS ~ )F FLORi, DA INC 19~7 Anclote fine sand can be described as a nearly level, deep sandy soil in small depressions and poorly defined drainage ways. In a representative pedon, the surface layer in the upper 8 inches is black fine sand and in the lower 9 inches, it is black and gray fine sand. The underlying material extends to a depth of six inches and is gray fine sand. Below 17 inches gray sand with mottles exist. We note that the soil surveys were typically penetrated to a depth of approximately six feet. This soil series is evident in the northern half of the property. Okeelanta muck which is generally located in the southern half of the property consists of nearly level, very poorly drained organic soil that has sandy mineral material within a depth of 40 inches. It is typically found within large freshwater marshes and small isolated depressions. Below 40 inches gray fine sand is typically encountered. We note that the soil survey was penetrated to a depth of six feet. Historical Aerial Photograph Review Historical aerial photographs of the site were reviewed from 1953 to 2000 to assist with site evaluation. The following is a su .rrmaary of the major site changes that were identified on the aerial photographs: 1953-1963: The subject site is visible as vacant, undeveloped land. The site contains some trees that are mostly concentrated to the south and east of the property. A small canal or drainage ditch exist approximately 200 feet south of the northern property line and extends from the western property line 700 feet east. Paved dirt roadways exist in the middle of the site and some of the visible trees appear to be in rows or groves that may have been planted. 1968: The subject site appears similar to previous aerials, with the following exception: The majority of the trees were removed in the southern half of the property. Some trees in the grove still exist, but appear to have been abandoned. A clump or stand of trees is clearly visible at the eastem section of the property. 1973-1977: The subject site appears similar to the previous aerial photograph. The ditch or canal appears to have been dried up. The trees and shrubs appear to have been growing without disruption 1989-2000: The canal on the subject property appears to have been filled in. Based on the visible growth of plant life on the property, the southern half of the property appears much more suitable for the plant growth compare (indicating organic soils) to the barren areas on the north half of the property. All other features appear similar as previous aerial photographs. NUTTING ENGINEERS ~ OF FLORIDA INC ESTABLISHED 1967 Test Boring Results The test borings were performed within the western section of the property in order to determine if the soils that were demucked/replaced and compacted was performed properly and uniformly. The test borings indicate in general that the subsurface soils consist of loose to medium dense gray to brown to light tan quartz fine si~nd to a depth of fifteen feet below the surface. Based on the current site grade elevations and the proposed elevations, the borings were performed to depths ranging from +0 NGVD to -3 NGVD. One location of concern was if organic soils gtill existed within the old canal trench seen in the historical photographs. Test Borings B-12, B-15, and B-19 were performed in the area of the old canal ditch. These borings indicated that organic soils no longer exist within these locations. The test borings were located in the field using approximate methods; namely, a measuring wheel and available surface controls. The test boring locations are provided on the site map located in the appendix section of this report. Test Pit Results In general, the test pits revealed that four types of soil conditions exist on the subject site. The conditions are: 1) Fibrous peat existing below the surface, 2) sands intermixed with peat and roots (canal easement), 3) One foot layer of peat (Stockpile area), and 4) clean imported sands. Also included is the lake exploration to determine depths of the lake. The results of the conditions are provided below. Condition 1: Test pits numbered TP-2 through TP-6, TP-8, TP-'10, TP-13, TP-14, TP-16, TP-17, and TP-41 through TP-43 represent locations where dark brown fibrous peat exists. Some of these test pits are located at soil condition transitions. Typically the surface of the peat was located at the ground surface to two feet below the surface. This peat.ranges in thickness from two feet up to ten feet at TP-13. On average about four to six feet of peat is encountered. Based on elevations provided, the peat exists from approximately +9.5 NGVD to a depth of approximately +3.5 NGVD. Condition 2: Test Pits numbered TP-9, TP-19, and TP-21 through TP-25, represent locations where sands exit that are somewhat intermixed with small to medium sized roots and some organic silt and peat. This location appears to exist on the south property and continuing south approximately 30 feet into the canal easement. This intermixed soil is approximately four to five feet in thickness, and varies in depth to this material. Based on elevations provided to us we estimate that this intermixed material exists to a depth of +4 NGVD, but may be deeper in some isolated locations. NUTTING ENGINEERS ~ OF FLORIDA INC ESTABLISHED 1967 Condition 3: Test Pits numbered TP-1, and TP-35 through TP-40 represent this condition. The upper one-foot of the surface is covered with roots and fibrous peat. Based on the large stockpiles of unsuitable soils and debris, it appears that this layer was formed during the demucking/backfilling process that was in progress at the site. Below this one-foot layer, clean brown or light gray sand exist. Condition 4: The remaining test pits with exception of TP-27 (lake exploration) represent the demucking/backfilling program that was in progress at the subject site. The sands are light brown to light gray. The locations of these conditions are provided on the test pit location plan in various shading schemes. It is important to note that these locations are estimates based on approximate distance and measurements performed. The boundary lines are not exact and some variance should be expected. Groundwater Location Based on nearby features and elevations provided to us, the watertable was encountered at approximately +8.5 to +7.5 NGVD. Fluctuation in the observed groundwater levels should be expected due to rainfall variations, seasonal climatic changes, construction activity and other site-specific factors. ANALYSIS AND RECOMMENDATIONS The following analysis and 'recommendations is based on the assumption that the entire site will be developed, and the organic soils will need to be excavated and either placed in landscaped areas of the site, or removed from the site. Condition 1 Analysis Based upon the results of the test pits, unsuitable soils and fibrous peat exist along the. eastern portion of the property. In order to develop the site with conventional single and multi-story structures, the organic soils will need to be completely removed and replaced with well-compacted structural fill. Removal of the soils will require excavations below the water table, and the earthwork contractor should use appropriate equipment. Demucking Estimates: Based on these results it can be estimated (lake area not included) that condition 1 covers an area of approximately 1.75 to 2.25 acres. With an average thickness of six feet from the surface of the peat, 17,000 to 22,000 cubic yards of organic soils will need to be excavated. It should be anticipated that some over excavation will occur, so the amount of soil removed may increase depending on equipment used, operator issues, etc.. The depth and thickness of the organic soils may be greater or less in some isolated locations within the condition 1 area. Replacement estimates for this area and the remaining site will be provided in the section titled 'Site Fill Estimates'. NUTTING ENGINEERS ~ OF FLORIDA INC ESTABLISHED 1967 Condition 2 Analysis Based on the results of the test pits, intermixed soils exist along the south property to 30 feet into the LWDD canal L-33 easement. Based on discussions with you we understand that some plans for this area include the development of asphalt paved roadways and parking lots. It is our opinion that if this area is planned for parking lot or road development, removal of these soils would not be necessary, however this will depend on finalized plans and information that has not yet been determined. When more finalized plans are determined, we can provide further analysis and recommendations. Condition 3 Analysis Based on the results of the test pits, it is estimated that approximately 3.0 to 3.75 acres consist of one foot or less of surficial organic soils. We note that this estimate excludes the many various unsuitable soil and debris stockpiles above the "natural" ground surface in this area. This condition is generally located within the northeast portion of the property. Because of the large stockpiles on the site, actual volumes of removal are difficult to estimate. We recommend that the site be visited to fully understand the amount of stockpiled unsuitable soil and debris. A surveyor should 'be contacted to evaluate the stockpiled volume if needed. Condition 4 Analysis The remainder of the property (exclfiding the lake) appears to have been properly demucked of unsuitable soil and replaced with clean backfill. Based on aerial photographs some concern of the old canal ditch on the site was raised. The results of the test borings in the areas of this ditch indicate that this area was also properly derriucked and replaced with clean fill. The ground surfaces in these areas vary from approximately.. +15 to +7 or +8 NGVD. NUTTING ENGINEERS OF FI. ORI(~A. ESTABLISHED 1967 CITY aF OELAIW BEI:I£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect Line: 561/243-7091 1993 DATE: February 25, 2002 MEMORANDUM TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Authorization to Obtain Appraisals The City will need to obtain appraisals for the Breezy Ridge Subdivision if the City approves the interlocal agreement and determines it will close on the Continental Homes property. We have received a quote of $350.00 per parcel from Bob Banting of Anderson & Carr. The total for the 37 parcels will be $12,950.00. Please call if you have any SAR:smk cc: David T. Harden, City Manager