Agenda Workshop 02-12-02 CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
SPECIAL/WORKSHOP - TUESDAY, FEBRUARY 12, 2002
6:00 P.M. FIRST FLOOR CONFERENCE ROOM
1993
2001
The City will furnish appropriate auxiliary aids and services where necessary to afford an mchvidual
with a disability an equal opportumty to participate in and enloy the benefits of a sermce, program or
acfvity conducted by the Cxty. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24
hours prior to the program or actimty in order for the City to reasonably accommodate your request.
Adaptive listening devices are available for meetings m the Commission Chambers.
SPECIAL MEETING AGENDA
RESOLUTION NO. 11-02: Consider approval of Resolution No. 11-02 authorizing the
City of Delray Beach to issue Revenue Bonds not to exceed $22,000,000 for the purpose of
financing the cost of land acquisition with respect to Atlantic H~gh School, the City's Beach
Renourishment Program, and parking facility anprovements at the Delray Beach Library
with SunTrust Bank.
SOLID WASTE AUTHORITY INTERLOCAL AGREEMENT/TEMPORARY
USE PERMIT: Consider approval of a new lease agreement between the City and the Solid
Waste Authority of Palm Beach County for the SWA's temporary use of the Pubhc Works
Warehouse located on Lake Ida Road, just east of Congress Avenue, for up to two years.
WORKSHOP AGENDA
1. Review the performance measures for FY 2002 and goals for the Tennis Facilities, Municipal
Golf Course and Lakeview Golf Course.
2. Comrmssion Comments
Please be advised that if a person decides to appeal any decision made by the City Commxssion with
respect to any matter considered at this meeting, such person will need to ensure that a verbatnn
record includes the testimony and emdence upon which the appeal is based. The Cxty neither
provides nor prepares such record.
MEMORANDUM
To:
From:
Subject:
City Commission
.~.~.~ ~T'~
David T. HaI~i~/Manager
Proposed $22,000,000 Revenue Line of Credit
Resolution No. R 11-02
Date: February 6, 2002
The City Commission approved SunTrust as the lending institution that will provide a Line of
Credit to the City. The attached resolution determines the details of the loan transaction which
are summarized as follows:
Resolution Number 11-02 authorizes the issuance of Revenue Bonds not to exceed $22,000,000;
approves the form and execution of a Line of Agreement with SunTrust at a variable rate of 82%
of the 30-day Libor plus 53 points (adjusted monthly) for an approximate 3 year term for the
purpose of financing the Atlantic High School land acquisition, the Beach Renourishment
Program, as well as Library parking facility improvements; designates the borrowing as qualified
tax-exempt bonds; and authorizes proper officers of the City to do all things necessary in
connection with the issuance.
The Finance Department recommends approval of this resolution. I concur with their
recommendation.
c: R.S. O'Connor, Treasurer
SI:'. i
RESOLUTION NO. 11-02
A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$22,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS,
SERIES 2002, OF THE CITY OF DELRAY BEACH, FLORIDA FOR THE
PURPOSE OF FINANCING THE ACQUISITION OF CERTAIN LANDS WITHIN
THE CITY OF DELRAY BEACH, FLORIDA; TO FINANCE CERTAIN BEACH
RENOURISHMENT PROJECTS; AND TO FINANCE ALL OR A PORTION OF
THE COSTS OF ACQUIRING, CONSTRUCTING AND EQUIPPING A
MUNICIPAL PARKING FACILITY, AND ALL INCIDENTAL AND NECESSARY
COSTS RELATING THERETO; DETERMINING THE NEED FOR A
NEGOTIATED SALE OF SUCH BONDS TO SUNTRUST BANK; PROVIDING
FOR THE TERMS AND PAYMENT OF SAID REVENUE BONDS, SERIES
2002, AND THE RIGHTS, REMEDIES AND SECURITY OF THE OWNERS
THEREOF; MAKING CERTAIN COVENANTS RELATING TO THE ISSUANCE
OF SAID REVENUE BONDS, SERIES 2002; APPROVING THE FORM OF
AND AUTHORIZING THE EXECUTION OF A LINE OF CREDIT AGREEMENT
WITH SUNTRUST BANK; AUTHORIZING THE PROPER OFFICERS OF THE
CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN
CONNECTION WITH THE ISSUANCE OF SAID BONDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida (the "City
Commission'), hereby determines that it is in the best interest of the City of Delray Beach,
Florida (the "City"), finance the acquisition of certain lands within the City of Delray Beach,
Florida; to finance certain beach renourishment projects; and to finance all or a portion of the
costs of acquiring, constructing and equipping a municipal parking facility, as further described
on Exhibit C attached hereto, together with all incidental and necessary costs relating thereto
(collectively, the "2002 Projects"); and
WHEREAS, on December 14, 1999, the City Commission did adopt Resolution
No. 76-99 (the "Bond Resolution") authorizing the issuance, from time to time, of revenue bonds
(the "Bonds") to financial capital projects in the City; and
WHEREAS, any capitalized term used in this Resolution and not otherwise defined, shall
have the meaning ascribed to such term in the Bond Resolution; and
WHEREAS, pursuant to the Bond Resolution each series of Bonds issued thereunder
shall be payable solely from the City's covenant contained in the Bond Resolution to budget and
appropriate in each Fiscal Year, by budget amendment if necessary, Non-Ad Valorem
Revenues and deposit the same in the Debt Service Fund created and established under the
Bond Resolution; and
WHEREAS, pursuant to the terms and provisions of the Bond Resolution and this
Resolution, the City shall issue a series of Bonds known as "City of Delray Beach, Florida
Revenue Bonds, Series 2002" (herein, the "2002 Bonds') to finance the costs of the 2002
Projects, including the costs of issuing such 2002 Bonds; and
WHEREAS, the principal amount of the 2002 Bonds authorized under this Resolution
shall not exceed $22,000,000; and
Resolution No. 11-02
WHEREAS, the 2002 Bonds shall be secured by a pledge of and lien on the Pledged
Revenues; and
WHEREAS, City staff has previously solicited bids from qualified lending institutions to
provide a line of credit or term loan as the vehicle by which the 2002 Bonds are to be issued
and the 2002 Projects are to be financed; and
WHEREAS, City staff has determined and the City Commission hereby concurs that
SunTrust Bank, a banking organization organized under the laws of the State of Georgia with its
designated office in West Palm Beach, Florida (herein, the "Bank") has provided the best overall
bid to the City; and
WHEREAS, the City Commission hereby finds that in light of present market conditions,
the aforementioned bid provided by the Bank, the necessity for the funds in calendar year 2002,
and other factors described herein, it would be in the best interest of the City to sell the 2002
Bonds to the Bank on a negotiated basis pursuant to the terms and provisions of the Bond
Resolution, this Resolution and that certain Line of Credit Agreement dated as of February 1,
2002 (herein, the "Agreement") by and between the City and the Bank in substantially the form
attached hereto as Exhibit A.
NOW, THEREFORE, be it resolved by the City Commission of the City of Delray Beach,
Florida, as follows:
ARTICLE I
STATUTORY AUTHORITY; FINDINGS AND DEFINITIONS
SECTION 1.1 AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted
pursuant to the provisions of the Charter of the City of Delray Beach, Florida, as amended and
supplemented, the Flodda Constitution, Chapter 166, Florida Statutes, as amended and
supplemented, and other applicable provisions of law (collectively, the "Act") and the authority
provided for in the Bond Resolution.
SECTION 1.2. FINDINGS. It is hereby ascertained, determined and declared:
(a) That the City hereby authorizes that the 2002 Projects be financed from all or a
part of the proceeds derived from the 2002 Bonds issued pursuant to this Resolution, together
with all incidental and necessary costs and expenses associated therewith, as more fully set
forth in Section 1.2(d) hereof.
(b) That it is necessary and in the best economic interest of the City to acquire,
construct and implement the 2002 Projects in order to (i) provide the lands necessary to sell to
the Palm Beach County School Distdct (the "District") in order for the Distdct to construct a new
high school servicing the Delray Beach area; (ii) to provide for necessary beach renourishment
in order to protect and enhance the City's beach and coastal resources; and (iii) to provide for a
municipal public parking facility.
(c) That the 2002 Projects will serve a valid municipal purpose.
(d) That the cost of the 2002 Projects shall be deemed to include, but not be limited
to, the cost of acquisition, construction, improving, renovating and equipping all or a portion of
Resolution No. 11-02
the 2002 Projects, the cost of all real or personal property necessary therefor; administrative
expenses; design, engineering and legal expenses; the fees and expenses of Bond Counsel;
the fees and reasonable expenses of counsel for the Bank (not exceeding $2,000); expenses
for estimates of costs; expenses for plans, specifications, licenses and permits; and such other
expenses as may be necessary or incidental to the financing of the 2002 Projects and the
issuance of the 2002 Bonds herein authorized.
(e) That the principal of and interest on the 2002 Bonds shall be secured solely by
the Pledged Revenues and payable from the Non-Ad Valorem Revenues including such
pledged revenues provided that the Owner of the 2002 Bonds shall have no lien on the Non-Ad
Valorem Revenues until deposited into the Debt Service Fund. The ad valorem taxing power of
the City will never be necessary or authorized to pay the principal of and interest on the 2002
Bonds, and the 2002 Bonds issued pursuant to this Resolution shall not constitute a lien upon
any other property whatsoever of or in the City.
(f) That the City, having previously solicited bids for the sale of the 2002 Bonds, has
determined that the best qualified bid for the 2002 Bonds was delivered by the Bank.
(g) That the negotiated sale of the 2002 Bonds to the Bank is in the best interest of
the City by reason of the nature of and schedule for the completion of the 2002 Projects and the
sale of the School Site (as defined below) to the District, the aforementioned solicitation of bids
and present market conditions.
(h) That the Agreement, in the form attached hereto as Exhibit A, is hereby
approved, with such omissions, insertions and variations as may be necessary and desirable,
as evidenced by the City's execution thereof and the Mayor (or in his absence, the Vice Mayor)
and City Clerk are hereby authorized to execute the same on behalf of the City.
(i) That pursuant to the provisions of the Bond Resolution and this Resolution, the
City may issue obligations secured by Pledged Revenues.
(j) That any capitalized term not otherwise defined herein, shall have the meaning
ascribed to such term in the Bond Resolution.
SECTION 1.3 DEFINITIONS. That, in addition to terms defined elsewhere in this
Resolution, the following terms shall have the following meanings unless the context otherwise
clearly requires:
~Bond Counsel" shall mean Greenberg Traudg, P.A. or any other firm of nationally
recognized bond counsel selected by the City and acceptable to the Bank.
'Bond Resolution" shall mean Resolution No. 76-99, adopted by the City Commission on
December 14, 1999, as amended and supplemented.
'City" shall mean the City of Delray Beach, Florida, a municipal corporation in the County
of Palm Beach, State of Florida, and its successors and assigns.
"City Commission" shall mean the duly constituted governing body of the City.
Resolution No. 11-02
'Code" shall mean the Internal Revenue Code of 1986, as amended, the applicable
Treasury Regulations promulgated thereunder and any administrative or judicial interpretations
of the same published in a form on which the City may rely as a matter of law.
'District" shall mean the Palm Beach County School District and its successors and
assigns.
'Determination of Taxability" shall mean the circumstance of interest paid or payable on
the 2002 Bonds becoming includable for federal income tax purposes in the gross income of the
Bondholder as a consequence of an act, omission or event by or within the control of the City.
A Determination of Taxability will be deemed to have occurred upon (i) the receipt by the City or
Bondholder of an original or a copy of an Internal Revenue Service Technical Advice
Memorandum or Statutory Notice of Deficiency which holds that any interest payable on the
2002 Bonds is includable in the gross income of the Bondholder for federal income tax
purposes; (ii) the issuance of any public or private ruling of the Internal Revenue Service that
any interest payable on the 2002 Bonds is includable in the gross income of the Bondholder for
federal income tax purposes; or (iii) receipt by the City or Bondholder of an opinion of a Bond
Counsel that any interest on the 2002 Bonds has become includable in the gross income of the
Bondholder for federal income tax purposes. For all purposes of this definition, a Determination
of Taxability will be deemed to occur on the date as of which the interest on the 2002 Bonds is
deemed includable in the gross income of the Bondholder for federal income tax purposes.
'Interest Rate" shall mean with respect to the 2002 Bonds, unless the 2002 Bonds bear
interest at the Taxable Rate or the interest rate is otherwise adjusted pursuant to Section 3.7
hereof, a variable rate of interest on the 2002 Bonds which, shall be equal to the sum of eighty-
two percent (82%) of 30-.day LIBOR, plus fifty-three basis points (.53%). The Interest Rate shall
be adjusted monthly and shall be calculated on the basis of a 365/366 day year for actual days
elapsed.
'LIBOR" shall mean the London Interbank Offered Rate offered by a specific group of
London banks for U.S. dollar deposits of a stated maturity. LIBOR will be that rate as shown on
the Telerate System, page 3750.
'Maturity Date" shall mean, with respect to the unpaid principal of and interest on the
2002 Bonds, June 1, 2005.
'2002 Bonds" shall mean the not to exceed $22,000,000 aggregate principal amount of
Revenue Bonds, Series 2002, authorized by the Bond Resolution and this Resolution.
"Owner," 'Bondholder" or 'registered holder" or any similar term shall mean the Bank or,
subject to the provisions of Section 2.4 hereof, any successor registered holder of the 2002
Bonds; provided no Bondholder may be the registered owner of less than $1,000,000 in the
aggregate principal amount of the 2002 Bonds.
"Paying Agent" shall mean the City's Finance Department or, if the City Commission
shall so determine by subsequent proceeding, any bank or trust company and any successor
bank or trust company appointed by the City to act as Paying Agent hereunder.
"Payment Date" shall mean, with respect to interest on the 2002 Bonds, each June 1
and December 1, commencing June 1, 2002 and with respect to scheduled principal on the
2002 Bonds, the Maturity Date, and, prior to the Maturity Date, on any date the principal of the
\\wpb-m~l\$ANrOl~OS\3/=833"zvO4\2/'//O2X16787.010~O ,4 Resolution No. 11-02
2002 Bonds is optionally or mandatorily prepaid in whole or in part, provided that if such date is
not a Business Day, the payment shall be made on the next succeeding Business Day.
uPledged Revenues" shall mean (!) the Non-Ad Valorem Revenues deposited in the
Debt Service Fund created and established under the Bond Resolution, (ii) investment income
received from the investment of moneys in the Debt Service Fund and accounts established
thereunder, other than the escrow deposit trust fund established under a escrow deposit
agreement, and (iii) any other moneys deposited in the Debt Service Fund or received by the
Paying Agent in connection with the repayment of any Bonds.
"Registrar" shall mean the City's Finance Department or, if the City Commission shall so
determine by subsequent proceeding, any bank or trust company and any successor bank or
trust company appointed by the City to act as Registrar hereunder.
"Resolution" shall mean this Resolution as the same may from time to time be amended
and supplemented in accordance with the terms hereof.
"School Site" means that certain tract of land within the City which will be purchased with
a portion of the proceeds of the 2002 Bonds. Such land will only be purchased by the City if the
District is obligated pursuant to an interlocal agreement with the City to purchase said land from
the City.
"Taxable Rate" shall mean one hundred twenty-five percent (125%) of the Interest Rate
adjusted monthly as the Interest Rate is adjusted.
"Tax Certificate" shall mean the Arbitrage Certificate of the City executed on the date of
initial delivery of the 2002 Bonds.
Words importing singular number shall include the plural number and vice versa, as the
case may be, and words importing persons shall include firms and corporations.
SECTION 1.4 RESOLUTION AND BOND RESOLUTION CONSTITUTE
CONTRACT. In consideration of the acceptance of the 2002 Bonds authorized to be issued
hereunder by those who shall own the same from time to time, this Resolution and the Bond
Resolution shall be deemed to be and shall constitute a contract between the City and the
Bondholders and the covenants and agreements herein and therein set forth to be performed by
said City shall be for the benefit, protection and security of the Bondholders.
ARTICLE II
AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF 2002 BONDS
SECTION 2.1 AUTHORIZATION OF 2002 BONDS. Subject and pursuant to the
provisions of this Resolution and the Bond Resolution, obligations of the City of Delray Beach,
Florida, to be known as URevenue Bonds, Series 2002" are hereby authorized to be issued in
the aggregate principal amount of not exceeding Twenty-Two Million Dollars ($22,000,000) for
the purpose of financing the costs of the 2002 Projects. Until repaid, the principal amount of the
2002 Bonds will be equal to the principal amounts drawn and received by the City under the
Agreement.
\\WI:i>In'OI\$^NFOROS\3~82)"ZVO4\2/TA)'Z~1678)'.010900 5 Resolution No. 11-02
SECTION 2.2 DESCRIPTION OF 2002 BONDS. Notwithstanding the form of Bonds
set forth in the Bond Resolution, the text of the 2002 Bonds shall be substantially in the form
attached hereto as Exhibit B with such omissions, insertions and variations as may be
necessary and desirable, as evidenced by the City's execution thereof.
The 2002 Bonds (initially issued in one (1) typewritten certificate) shall be dated the date
of initial issuance. Unless the interest rate on the 2002 Bonds is adjusted in accordance with
Section 3.7 hereof, the 2002 Bonds shall bear interest on the outstanding principal amount of
the 2002 Bonds from time to time at the Interest Rate and shall be payable on each Payment
Date, commencing June 1, 2002. Unless all or a portion of the Bonds is optionally or
mandatorily prepaid in accordance with the terms of this Resolution, the outstanding principal of
the 2002 Bonds shall be payable on the Maturity Date. The 2002 Bonds shall be issued in
registered form.
Principal and interest on the 2002 Bonds shall be payable at the office of the Paying
Agent (the designated corporate trust office of the Paying Agent if the City's Finance
Department is not the Paying Agent). The 2002 Bonds shall be numbered in such manner as
may be prescribed by the Registrar.
The 2002 Bonds shall be payable, with respect to interest and principal, in any coin or
currency of the United States of America which at the time of payment is legal tender for the
payment of public and pdvate debts.
Subject to the next succeeding paragraph, the City shall be obligated to prepay a portion
of the 2002 Bonds, without penalty or premium, with the net proceeds received by the City in
connection with the closing of the sale of the School Site to the District. Unless the Bank
provides for an extension, the City shall be required to effect such mandatory prepayment within
ten (10) days of the closing of the sale of the School Site to the District. The City may also
prepay the 2002 Bonds in whole or in part, at any time or from time to time, without penalty or
premium, by paying to the registered holder all or part of the principal amount of the 2002
Bonds, together with the unpaid interest accrued on the amount of principal so prepaid to the
date of such prepayment. Each prepayment shall be made on such date and in such principal
amount as shall be specified by the City in a written notice delivered to the registered owner not
less than two (2) Business Days prior thereto. Notice having been given as aforesaid, the
principal amount stated in such notice or the whole thereof, as the case may be, shall become
due and payable on the prepayment date stated in such notice; and the amount of principal
shall be paid (i) in case the entire unpaid balance of the principal of the 2002 Bonds is to be
paid, upon presentation and surrender of the 2002 Bond or 2002 Bonds to the office of the
Paying Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance
Department), and (ii) in case only part of the unpaid balance of principal of the 2002 Bonds is to
be paid, upon presentation of such 2002 Bond or 2002 Bonds at the office of the Paying Agent
(the designated corporate trust office, if the Paying Agent is not the City's Finance Department)
for notation thereon of the amount of principal then paid or for issuance of a replacement 2002
Bond in the principal amount not redeemed. Notwithstanding the provisions of clause (ii) above,
if all of the 2002 Bonds are registered in the name of the Bank, a partial prepayment may be
effected by payment to the Bank of the principal, together with unpaid interest accrued thereon,
without surrender of the 2002 Bonds. If, on the prepayment date, funds for the payment of the
principal amount to be prepaid, together with unpaid interest accrued thereon, shall not have
been provided to the Paying Agent, as above provided, the principal amount of the 2002 Bonds
shall continue to be outstanding and to bear interest until payment thereof at the Interest Rate.
\\w~;~t:~OI\$ANFORD~368202vO4\2/7/02~1/,787.0109006 Resolution No. 11-02
In connection with any prepayment (optional or mandatory) while the 2002 Bonds are
owned by the Bank, the City shall give the Bank not more than ten, and not less than two
Business Days' written notice of any proposed prepayment specifying the prepayment date and
the principal amount of the 2002 Bonds to be so prepaid.
SECTION 2.3 EXECUTION OF THE 2002 BONDS. The 2002 Bonds shall be
executed in the name of the City by the signature of the Mayor or Vice Mayor of the City and its
official seal shall be affixed thereto or imprinted or reproduced thereon and attested by the City
Clerk. The signatures of the Mayor or Vice Mayor of the City and City Clerk on the 2002 Bonds
may be manual or facsimile signatures. In case any one or more of the officers who shall have
signed or sealed the 2002 Bonds shall cease to be such officer of the City before the 2002
Bonds so signed and sealed shall have been actually sold and delivered, such 2002 Bonds may
nevertheless be sold and delivered as herein provided and may be issued as if the person who
signed or sealed such 2002 Bonds had not ceased to hold such office. The 2002 Bonds may be
signed and sealed on behalf of the City by such person who at the actual time of the execution
of the 2002 Bonds shall hold the proper office, although at the date the 2002 Bonds shall be
actually delivered such person may not have held such office or may not have been so
authodzed.
The 2002 Bonds shall bear thereon a certificate of authentication, in the form set forth on
Exhibit B attached hereto, executed manually by the Registrar (when the City's Finance
Department shall act as Registrar, the certificate of authentication shall be manually executed
by the City's Finance Director). Only the 2002 Bonds as shall bear thereon such certificate of
authentication shall be entitled to any right or benefit under this Resolution and no 2002 Bonds
shall be valid or obligatory for any purpose until such certificate of authentication shall have
been duly executed by the Registrar. The certificate of authentication of the Registrar upon the
2002 Bonds executed on behalf of the City shall be conclusive evidence that the 2002 Bonds so
authenticated have been duly authenticated and delivered under this Resolution and that the
Owner thereof is entitled to the benefits of this Resolution.
SECTION 2.4 NEGOTIABILITY~ REGISTRATION AND CANCELLATION. The
Registrar shall keep books for the registration of the 2002 Bonds and for the registration of
transfers of the 2002 Bonds. The 2002 Bonds shall be transferable at the option of the
registered Owner thereof to an institutional holder, but subject to the prior written approval of the
City's Director of Finance (which shall not be unreasonably withheld if the intended transferee
provides a suitability letter addressed to the City as to the sophistication of the investor) unless
such institutional holder is a bank or trust company, or unless such institutional holder, which is
not a bank or trust company, certifies in writing to the City prior to the transfer that it is an
accredited investor within the meaning of Rule 501 of the Securities Act of 1933, as amended
and supplemented, in which case such approval shall not be required, and upon surrender
thereof at the office of the Registrar (the designated corporate trust office of the Registrar if the
City's Finance Department is not the Registrar) with a written instrument of transfer satisfactory
to the Registrar duly executed by the registered Owner or his duly authorized attorney. Upon
the transfer of such 2002 Bond, the City shall issue in the name of the transferee a new 2002
Bond.
The City, the Paying Agent and the Registrar shall deem and treat the person in whose
name the 2002 Bonds shall be registered upon the books kept by the Registrar as the absolute
Owner of such 2002 Bonds, whether such 2002 Bonds shall be overdue or not, for the purpose
of receiving payment of, or on account of, the principal of and interest on such 2002 Bonds as
the same become due and for all other purposes. All such payments so made to any such
\\w~I\$ANFORD$\36820'2vO4\2/7/02~16787.010900 7 Resolution No. 11-02
Owner or upon his/her order shall be valid and effectual to satisfy and discharge the liability
upon such 2002 Bonds to the extent of the sum or sums so paid, and neither the City, the
Paying Agent nor the Registrar shall be affected by any notice to the contrary.
In all cases in which the privilege of transferring the 2002 Bonds is exercised, the City
shall execute and the Registrar shall authenticate and deliver the 2002 Bonds in accordance
with the provisions of this Resolution. The 2002 Bonds surrendered in any such transfers shall
forthwith be delivered to the Registrar and canceled by the Registrar in the manner provided in
this Section. The City or the Registrar (if not the City's Finance Department) may require the
payment of a sum sufficient to pay any tax, fee or other governmental charges required to be
paid with respect to such transfer.
The 2002 Bonds paid or redeemed, in whole, either at or before maturity, shall be
delivered to the Registrar when the payment or redemption is made, and such 2002 Bonds shall
thereupon be promptly canceled. The 2002 Bonds so canceled may at any time be destroyed
by the Registrar, who shall execute a certificate of destruction in duplicate by the signature of
one of its authorized officers describing the 2002 Bonds, and one executed certificate shall be
filed with the City and the other executed certificate shall be retained by the Registrar (if not the
City's Finance Department).
SECTION 2.5 MUTILATED1 DESTROYED, STOLEN OR LOST 2002 Bonds. In
case any 2002 Bond shall become mutilated, destroyed, stolen or lost, the City shall execute
and the Registrar shall authenticate and deliver a new 2002 Bond of like date, maturity and
denomination as the 2002 Bond so mutilated, destroyed, stolen or lost; provided that, in the
case of any mutilated 2002 Bond, such mutilated 2002 Bond shall first be surrendered to the
City and, in the case of any lost, stolen or destroyed 2002 Bond, there shall first be furnished to
the City and the Registrar (if not the City's Finance Department) evidence of such loss, theft, or
destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to
them. In the event the 2002 Bonds shall be about to mature or have matured, instead of issuing
a duplicate 2002 Bond, the City may pay the same without surrender thereof. The City and the
Registrar (if not the City's Finance Department) may charge the Owner of such 2002 Bond their
reasonable fees and expenses in connection with this transaction. Any 2002 Bonds
surrendered for replacement shall be canceled in the same manner as provided in Section 2.4
hereof.
Any such duplicate 2002 Bond issued pursuant to this Section shall constitute additional
contractual obligations on the part of the City, whether or not the lost, stolen or destroyed 2002
Bond be at any time found by anyone, and such duplicate 2002 Bonds shall be entitled to equal
proportionate benefits and rights as to lien on the source and security for payment from Pledged
Revenues with the 2002 Bond issued hereunder.
SECTION 2.6 CONDITIONS FOR ISSUANCE OF THE 2002 BONDS. Prior to the
issuance of the 2002 Bonds, the City shall comply with the following conditions:
(a) Deliver to the Bank a fully executed Tax Certificate; and
(b) Deliver to the Bank a copy of a completed and executed Form 8038-G to be filed
by the City with the Internal Revenue Service; and
(c) Deliver to the Bank an opinion of Bond Counsel, satisfactory to the Bank,
regarding the due authorization, execution, delivery, validity and enforceability of the 2002
\\wpb-IrvO1\SANFORDS\368202vO4\2/7/O2X16787.0109(X) 8 Resolution No. 11-02
Bonds and the due adoption of this Resolution (enforceability of such instruments may be
subject to standard bankruptcy exceptions and the like) and the exclusion of interest on the
2002 Bonds from gross income for federal income tax purposes, that the 2002 Bonds are not
specified "private activity bonds" within the meaning of Section 57(a)(5) of the Code and,
therefore, the interest on the 2002 Bonds will not be treated as a preference item for purposes
of computing the alternative minimum tax imposed by Section 55 of the Code (however, a
portion of the interest on the 2002 Bonds owned by corporations may be subject to the federal
alternative minimum tax which is based in part on adjusted current earnings); and
(d) Deliver to the Bank an opinion of the City Attorney, satisfactory to the Bank,
regarding the due authorization, execution, delivery, validity and enforceability of the 2002
Bonds, the Agreement and the due adoption of this Resolution and the Bond Resolution
(enforceability may be subject to standard bankruptcy exceptions and the like); and
(e) Deliver to the Bank one or more certificates of the City in form satisfactory to the
Bank certifying, among other things, that the City is in compliance with the term of the Bond
Resolution.
Although the 2002 Bonds delivered to the Bank will set forth the notional amount of
$22,000,000, the actual principal amount of the 2002 Bonds will, in all cases, be equal to the
principal amount of moneys drawn and received under the Agreement and not otherwise
previously prepaid. To the extent that the City does not issue all of the $22,000,000 in principal
amount of the 2002 Bonds at the time of the initial draw under the Agreement, the City shall
provide written notice to the Bank (signed by the City Manager, Finance Director or Treasurer of
the City) of the City's intention to draw additional amounts under the Agreement at least two (2)
Business Days pdor to the date the City intends to receive the funds. Such notice shall confirm
that the City is in compliance with terms and provisions of this Resolution and the Bond
Resolution. Such additional amounts drawn under the Agreement shall constitute additional
principal amount of 2002 Bonds without any further action required. Notwithstanding anything in
this Resolution or the Agreement to the contrary, the City will only be authorized to draw
$11,500,000 under the Agreement until the City provides the Bank with a copy of an executed
intedocal agreement between the City and the District reflecting the District's obligation to
purchase the School Site from the City.
SECTION 2.7 INCORPORATION OF TERMS OF BOND RESOLUTION;
EXCEPTION Unless otherwise provided in this Resolution, the terms and provisions of the
Bond Resolution applicable to the 2002 Bonds are incorporated herein by reference and such
terms shall have the same effect as if expressly stated herein. Notwithstanding the foregoing,
the Bank hereby consents to the issuance of the Bonds by the City in an initial principal amount
of not exceeding $22,000,000, even though additional amounts drawn under the Agreement will
from time to time occur dudng the term of the Agreement without the necessity for the City to
comply with Section 4.E of Article III of the Bond Resolution each time a draw is made under the
Agreement.
ARTICLE III
COVENANTS, FUNDS AND APPLICATION THEREOF
SECTION 3.1 2002 BONDS NOT TO BE INDEBTEDNESS OF THE CITY. The
2002 Bonds shall not be or constitute an indebtedness of the City within the meaning of any
constitutional, statutory or other limitation of indebtedness, but shall be secured solely by the
Pledged Revenues and payable from Non-Ad Valorem Revenues including the Pledged
\\w~b~I~ANFORDS\368202v04\2/7/02~I6787.0109~O 9 Resolution No. 11-02
Revenues. No Bondholder shall ever have the right to compel the exercise of the ad valorem
taxing power of the City, or taxation in any form of any real property therein, to pay said 2002
Bonds or the interest thereon. The pledge of the Pledged Revenues will not constitute a lien
upon any property of the City including any Non-Ad Valorem Revenues which have not been
deposited into the Debt Service Fund.
SECTION 3.2 2002 BONDS. The lien of the 2002 Bonds on the Pledged Revenues
shall be on parity with any of the Bonds issued pursuant to the requirements of the Bond
Resolution except as such requirements have been made not applicable by the last sentence of
Section 2.7 hereof.
SECTION 3.3 2002 BONDS SECURED BY PLEDGE OF PLEDGED REVENUES,
From and after the issuance of any of the 2002 Bonds, and continuing until the payment of all
2002 Bonds as to principal and interest, the Pledged Revenues shall continue to be pledged for
the prompt payment of principal of and interest on said 2002 Bonds.
SECTION 3.4 COVENANTS OF THE CITY. As long as any of the principal of or
interest on any of the 2002 Bonds shall be outstanding and unpaid, or until there shall have
been set apart in the Debt Service Fund in accordance with Section 4,H of Article III of the Bond
Resolution a sum sufficient to pay, when due, the entire principal of the 2002 Bonds remaining
unpaid, together with interest accrued and to accrue thereon, the City covenants with the
Bondholders as follows:
(a) Tax Covenants Relating to the Internal Revenue Code of 1986, as amended.
?
(1) In order to maintain the exclusion from gross income for purposes of
federal income taxation of interest on the 2002 Bonds, the City covenants to comply with each
requirement of the Code. In furtherance of the covenant contained in the preceding sentence,
the City agrees to continually comply with the provisions of the Tax Certificate, as such
certificate may be amended from time to time, as a source of guidance for achieving compliance
with the Code.
(2) The City covenants and agrees with the Bondholders that the City shall
not take any action or omit to take any action, which action or omission, if reasonably expected
on the date of initial issuance and delivery of the 2002 Bonds, would cause any of the 2002
Bonds to be ~private activity bonds" or ~arbitrage bonds" within the meaning of Sections 141(a)
and 148(a), respectively, of the Code.
(3) The City shall make any and all payments required to be made to the
United States Department of the Treasury in connection with the 2002 Bonds pursuant to
Section 148(f) of the Code.
(4) Notwithstanding any other provision of this Resolution to the contrary, so
long as necessary in order to maintain the exclusion from gross income for purposes of federal
income taxation of interest on the 2002 Bonds, the covenants contained in this Section shall
survive the payment of the 2002 Bonds and the interest thereon, including any payment or
discharge thereof pursuant to Section 4.H of the Bond Resolution.
(b) Debt Service Fund. The Debt Service Fund created and established under the
Bond Resolution shall constitute a trust fund for the benefit of the Bondholder and shall be held
by the City and shall be kept separate and distinct from all other funds of the City, and shall be
\\Wl:~3..~'VOI~ANFORD$\368202vO4\2JT~TZ~I6787.010900 10 Resolution No. 11-02
used only for the purpose and in the manner provided in this Resolution. Notwithstanding the
provisions of the next preceding sentence, the City may deposit the Pledged Revenues in a
single bank account for the City, provided that adequate accounting procedures are maintained
to reflect and control the restricted allocations of the funds on deposit therein for the various
purposes of such funds. The designation and establishment of the Debt Service Fund in and by
the Bond Resolution shall not be construed to require the establishment of any completely
independent self-balancing fund, as such term is commonly defined and used in governmental
accounting, but rather is intended solely to constitute an allocation of certain revenues of the
City for certain purposes and to establish certain priorities for application of such revenues as
provided herein.
Any excess amounts remaining in the Debt Service Fund after payment has been made
on the 2002 Bonds on any Payment Date, may be withdrawn and deposited at the direction of
the City to be used for any lawful municipal purpose.
Moneys on deposit in the Debt Service Fund may be invested in Permitted Investments
as authorized pursuant to the Bond Resolution, provided such investments mature not later than
the next succeeding Payment Date. Subject to the terms and provisions of the Code, all income
and earnings received from the investment and reinvestment of the moneys on deposit in the
Debt Service Fund shall remain on deposit in the Debt Service Fund and be used in the same
manner as other moneys on deposit therein.
(c) Non-Ad Valorem Revenues. The City will not repeal, amend or modify any
resolution or ordinance or take any action within its power to take relating to the imposition and
collection of Non-Ad Valorem Revenues in any manner so as to impair or adversely affect in any
manner the availability of such Non- Ad Valorem Revenues to pay debt service on the 2002
Bonds as provided herein.
(d) Budget and Other Financial Information. The City shall demonstrate in each
annual budget that there are sufficient Non-Ad Valorem Revenues to pay the principal of and
interest on the 2002 Bonds coming due in such Fiscal Year and to meet the City's other
obligations hereunder and under the Bond Resolution. The City shall, upon the request of the
Bank, provide the Bank with a copy of its annual budget within thirty (30) days of adoption, a
copy of its Comprehensive Annual Financial Report, when available and, upon the request of
the Bank, such other financial information regarding the City as the Bank may reasonably
request.
(e) The City shall comply with the terms of the Bond Resolution.
SECTION 3.5 REMEDIES OF BONDHOLDER. Subject to the provisions of Section
4 of the Agreement and the equal dghts of any registered owner of Bonds issued pursuant to
the provisions of the Bond Resolution, should the City default in any obligation created by this
Resolution, the Bondholders may, in addition to any remedy set forth in this Resolution, either at
law or in equity, by suit, action, mandamus or other proceeding in any court of competent
jurisdiction, protect and enforce any and all rights under the laws of the State of Florida, or
granted and contained in this Resolution, and may enforce and compel the performance of all
duties required by this Resolution, or by any applicable statutes to be performed by the City or
by any officer thereof. The City hereby agrees with the Bondholders that the filing of any
bankruptcy or insolvency under any federal or state law by or against the City which is not
dismissed with prejudice within thirty (30) days of such filing shall give the Bondholders the right
to exercise any of the remedies provided to them under this Section 3.5, and Section 4. G of
Resolution No. 11-02
Article III of the Bond Resolution. Notwithstanding anything in this Section 3.5 to the contrary
the Bondholders' right to exercise any remedy permitted hereunder shall be consistent with the
rights afforded all registered owners of Bonds issued pursuant to the provisions of the Bond
Resolution.
SECTION 3.6 APPLICATION OF 2002 BONDS PROCEEDS. The proceeds of the
2002 Bonds shall be used to finance the costs of the 2002 Projects. The City may replace all or
a portion of the 2002 Projects for any other capital projects permitted under the Act; provided
that Bond Counsel shall first deliver to the City and the Bank an opinion to the effect that such
substitution will not adversely affect the exclusion of interest on the 2002 Bonds from gross
income for federal income tax purposes and the Bank consents to such substitution.
SECTION 3.7 ADJUSTMENTS TO INTEREST RATE. Upon a Determination of
Taxability the interest rate on the Bonds shall be converted to the Taxable Rate. If at any time
Bond Counsel shall deliver an opinion to the City and the Bank to the effect that the 2002 Bonds
are 'qualified tax-exempt obligations" within the meaning of Section 265(b) of the Code, the
Interest Rate on the 2002 Bonds will be reduced or the formula to determine the Interest Rate
will be modified so that the Bank is provided with the same after tax yield prior to such change.
The Bank's good faith recalculation and/or modification will be effective on and after the date the
2002 Bonds are determined to be, in the opinion of Bond Counsel, "qualified tax-exempt
obligations~ within the meaning of Section 265(b) of the Code, which date may be the initial date
of issuance of the 2002 Bonds.
ARTICLE IV
MISCELLANEOUS PROVISIONS
SECTION 4.1 MODIFICATION OR AMENDMENT. No modification or amendment
of this Resolution or of any resolution amendatory thereof or supplemental thereto, may be
made without the consent in writing of all of the Bondholders.
SECTION 4.2 ADDITIONAL AUTHORIZATION. The Mayor, the Vice-Mayor, the
City Manager, the Finance Director, the Treasurer and any other proper official of the City, be
and each of them is hereby authorized and directed to execute and deliver any and all
documents and instruments and to do and cause to be done any and all acts and things
necessary or proper for carrying out the transactions contemplated by this Resolution.
SECTION 4.3 SEVERABILITY OF INVALID PROVISIONS. If any one or more of
the covenants, agreements or provisions of this Resolution should be held contrary to any
express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separate from
the remaining covenants, agreements or provisions, and shall in no way affect the validity of any
of the other provisions of this Resolution or of the 2002 Bonds issued hereunder.
SECTION 4.4 REPEALER. All resolutions and orders, or parts thereof, in conflict
herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall take effect
upon its passage in the manner provided by law. In the event of a conflict between the
provisions of this Resolution and the Bond Resolution, the provisions of this Resolution shall
control.
\\wpI:ka'vOI\$ANFORDS\3N~q:)2vO4\2/7/02~I6787.010900 1 2 Resolution No. 1 1-02
SECTION 4.5
upon its adoption.
EFFECTIVE DATE. This Resolution shall be effective immediately
PASSED AND ADOPTED IN special session on this 12~ day of February, 2002.
ATTEST:
By:.
City Clerk
The foregoing resolution and the form of
2002 Bond therein contained are hereby
approved by me as to form, language and
execution this 12th day of February, 2002.
By:,
City Attorney
THE CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
\\w~h~01 \$ANFORDS\3~8202v04'~,2/7/02~16787.010900 13 Resolution No. 11-02
EXHIBIT A
LINE OF CREDIT AGREEMENT
Dated as of February 1, 2002
WHEREAS, SunTrust Bank (the 'Bank"), has offered to make a closed-end line of credit
(the "Line of Credit') available to the City of Delray Beach, Florida (the 'City"), in the principal
amount of not exceeding $22,000,000 under which the City may, from time to time, make
drawings; and
WHEREAS, the City of Commission of the City of Delray Beach, Florida on December
14, 1994, adopted Resolution No. 76-99 and on February 12, 2002, adopted Resolution No. 11-
02 (collectively, the '2002 Bond Resolution") authorizing the issuance of not exceeding
$22,000,000 in aggregate principal amount of City of Delray Beach, Florida Revenue Bonds,
Series 2002 (the "2002 Bonds") which 2002 Bonds shall represent the City's obligation to
reimburse the Bank for drawings made under the Line of Credit; and
WHEREAS, the City and the Bank find it necessary to enter into this Agreement, to
acknowledge the terms and provisions of the 2002 Bond Resolution adopted by the City and the
extension of the Line of Credit by the Bank.
NOW THEREFORE, the City and the Bank hereby agree as follows:
1. That the Bank shall make immediately available to the City, pursuant to the terms
and provisions of the 2002 Bond Resolution, the Line of Credit in an aggregate principal amount
of not exceeding $22,000,000, which shall be available to the City in one or more drawings prior
to June 1, 2005.
2. That the Line of Credit shall expire on June 1, 2005. The outstanding principal
amount of the drawing with interest thereon, shall become due and payable in accordance with
the terms and provisions of the 2002 Bond Resolution.
3. That the Bank hereby accepts the terms and conditions set forth in the 2002
Bond Resolution applicable to the Line of Credit.
4. The City and the Bank, for mutual consideration, each acknowledged to be
received by the other party hereto, mutually and willingly waive the right to a trial by a jury in
connection with any and all claims by any party hereto against the other adsing from or in
connection with the transactions contemplated by this Agreement or the 2002 Bond Resolution.
5. The Bank represents to the City that it is not purchasing the 2002 Bonds with a
view to distributing the 2002 Bonds; provided, however, that the Bank, in its sole discretion,
shall be permitted to assign or participate all or a portion of the 2002 Bonds to any other
financial institution or accredited investor (subject to the requirements of Section 2.4 of
Resolution No. 11-02).
\\WpI~vOl\$ANFORD$\~202v04\2/7/02~16787.0109(]O Resolution No. 11-02
SUNTRUST BANK
(SEAL)
By:,
Title:
Date: February ,2002
CITY OF DELRAY BEACH, FLORIDA
Attest
By:.
Title:
Dated: February ,2002
City Clerk
\\~I\$ANFORD$\368202vO4\2/7/02\16787,010900 Resolution No. 11-02
No. R-
EXHIBIT B
FORM OF 2002 BOND
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF DELRAY BEACH, FLORIDA
REVENUE BOND, SERIES 2002
Interest Rate Maturity Date Dated Date
Variable December 1, 2004 ,2002
.[NAME OF BANK]
REGISTERED OWNER:
NOTIONAL PRINCIPAL AMOUNT:--TWENTY-TWO MILLION DOLLARS ($22,000,000.00) .....
KNOW ALL MEN BY THESE PRESENTS, that the City of Delray Beach (the "City") in
Palm Beach County, Florida, for value received, hereby promises to pay from the sources
herein mentioned, to the Registered Owner specified above or registered assigns on the
Maturity Date specified above or earlier upon mandatory or optional prepayment as provided
below, upon the presentation and surrender hereof at the City's Finance Department or (if so
determined by the City).the designated trust office of the bank or trust company appointed by
the City to act as paying agent (said City's Finance Department or such bank or trust company
and any bank or trust company becoming successor paying agent being herein called the
'Paying Agent"), the Principal Amount outstanding from time to time based on draws made by
the City and received from the Bank pursuant to the terms of the Agreement (as such terms are
defined in the hereinafter described Bond Resolution) and not previously prepaid with interest
thereon at the applicable interest rate calculated in the manner described in the Bond
Resolution calculated on the basis of a 365/366-day year of actual days elapsed, on each
Payment Date in the manner specified in the within described Bond Resolution to the registered
owner. The Notional Principal Amount reflects the maximum principal amount of principal
authorized to be issued under the Bond Resolution. The principal amount and accrued interest
thereon is payable in any coin or currency of the United States of America, which, on the date of
payment thereof, shall be legal tender for the payment of public and private debts.
This Bond is authorized to be issued in a principal amount of up to $22,000,000 under
the authority of and in full compliance with the Constitution and statutes of the State of Florida,
including, particularly, Chapter 166, Florida Statutes, as amended and supplemented, the
Charter of the City of Delray Beach, Florida, as amended and supplemented, and other
applicable provisions of law (the UAct"), and Resolution No. 76-99 duly adopted on
December 14, 1999 and Resolution No. 11-02 duly adopted on February 12, 2002 (collectively,
the 'Bond Resolution"), as such resolutions may be further amended and supplemented from
time to time, and is subject to all terms and conditions of said resolution. Any term used in this
Bond and not otherwise defined, shall have the meaning ascribed to such term in the Bond
Resolution.
It is hereby certified and recited that all acts, conditions and things required to exist, to
happen, and to be performed, precedent to and in the issuance of this Bond exist, have
Resolution No. 11-02
happened and have been performed in regular and due form and time as required by the Laws
and Constitution of the State of Florida and the Charter of the City applicable thereto, and that
the issuance of this Bond, is in full compliance with all constitutional or statutory limitations or
provisions.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Resolution until the certificate of authentication hereon shall
have been signed by an authorized officer of the Registrar.
This Bond shall bear interest at the Interest Rate, as such rate may be adjusted in
accordance with the terms of the Bond Resolution. Upon a Determination of Taxability this
Bond shall bear interest at the Taxable Rate.
Interest shall be payable on June 1, 2002, and each December 1 and June 1 thereafter
and principal on the Bonds, unless prepaid, shall be payable on June 1, 2005 (the final maturity
date of this Bond); provided that if such date is not a Business Day, the payment shall be made
on the next succeeding Business Day (each a UPayment Date"). The principal of and interest on
the Bonds shall be secured solely by the Pledged Revenues (as defined in the Bond
Resolution), and payable from the Non-Ad Valorem Revenues (as such term is defined in the
Bond Resolution) including the Pledged Revenues, all in the manner provided in the Bond
Resolution.
Subject to the terms and provisions of the Section 2.2 of Resolution No. 11-02 of the
City, if this Bond is owned by the Bank, the City shall be obligated to prepay a portion of this
Bond, without penalty or premium, with the net proceeds received by the City in connection with
the closing of the sale of the School Site to the District. Unless the Bank provides for an
extension, the City shall be required to effect such mandatory prepayment within ten (10) days
of the closing of the sale of the School Site to the District. The City may also prepay this Bond
in whole or in part, at any time or from time to time, without penalty or premium, by paying to the
registered holder all or part of the principal amount of this Bond, together with the unpaid
interest accrued on the amount of principal so prepaid to the date of such prepayment. Each
prepayment shall be made on such date and in such principal amount as shall be specified by
the City in a written notice delivered to the registered owner not less than two (2) Business Days
prior thereto. Notice having been given as aforesaid, the principal amount stated in such notice
or the whole thereof, as the case may be, shall become due and payable on the prepayment
date stated in such notice; and the amount of principal shall be paid (i) in case the entire unpaid
balance of the principal of this Bond is to be paid, upon presentation and surrender of such
Bond to the office of the Paying Agent (the designated corporate trust office, if the Paying Agent
is not the City's Finance Department), and (ii) in case only part of the unpaid balance of
principal of this Bond is to be paid, upon presentation of such Bond at the office of the Paying
Agent (the designated corporate trust office, if the Paying Agent is not the City's Finance
Department) for notation thereon of the amount of principal then paid or for issuance of a
replacement Bond in the principal amount not redeemed. Notwithstanding the provisions of
clause (ii) above, if all of the Bonds are registered in the name of the Bank, a partial prepayment
may be effected by payment to the Bank of the principal, together with unpaid interest accrued
thereon, without surrender of this Bond. If, on the prepayment date, funds for the payment of
the principal amount to be prepaid, together with unpaid interest accrued thereon, shall not have
been provided to the Paying Agent, as above provided, the principal amount of this Bond shall
continue to be outstanding and to bear interest until payment thereof at the Interest Rate.
In connection with any prepayment (optional or mandatory) while this Bond is owned by
the Bank, the City shall give the Bank not more than ten, and not less than two, Business Days'
Resolution No. 11-02
written notice of any proposed prepayment specifying the prepayment date and the principal
amount of this Bond to be so prepaid.
This Bond shall not be and shall not constitute an indebtedness of the City within the
meaning of any constitutional, statutory, charter or other limitations of indebtedness but shall be
secured solely by the Pledged Revenues and payable from the Non-Ad Valorem Revenues
which includes the Pledged Revenues. No Holder of this Bond shall ever have the right to
compel the exercise of ad valorem taxing power of the City, or taxation in any form of any real
property therein to pay the Bond or the interest thereon. No holder shall have a lien on any
Non-Ad Valorem Revenues until deposited into the Debt Service Fund created and established
under the Bond Resolution.
The terms and provisions of the Bond Resolution are incorporated in this Bond as
though such terms and provisions have been set out in full herein.
IN WITNESS WHEREOF, the City of Delray Beach, Florida, has caused this Bond to be
signed by its Mayor, either manually or with his facsimile signature, and the seal of the City
Commission of the City of Delray Beach, Florida, to be affixed hereto or imprinted or reproduced
hereon, and attested by the Clerk of the City, either manually or with her facsimile signature,
and this Bond to be dated the Dated Date set forth above.
(SEAL)
CiTY OF DELRAY BEACH, FLORIDA
ATTEST: By:
By:
Clerk of the City of Delray Beach, Florida
Mayor
\\w~l~'$ANFORD$\368202vO4~JT/02\I6787'010900 Resolution No. 1 1-02
FORM OF CERTIFICATE OF AUTHENTICATION
Date of Authentication: February ,2002
This Bond is the Bond delivered pursuant to the within mentioned Resolution.
CITY OF DELRAY BEACH
Finance Department, as Registrar
By:.
Authorized Officer
\\~q3b-srv01\$ANFORD$\3~8202vO4\2/TJ02\16787.010900 Resolution No. 11-02
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto
(please print or typewrite name, address and tax identification number of assignee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
, Attorney to transfer the within Bond on the books
kept for registration thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
In the presence of:
NOTICE: The signature to this assignment must
correspond with the name as written upon the face
of the within Bond in every particular, without
alteration or enlargement, or any change whatever.
\\w~l\SANFORDS\368202vO4\2/7/02\16787 010900 Resolution No. 1 1-02
EXHIBIT C
2002 Projects
(1)
(2)
(3)
(,4)
Land acquisition costs, including all real estate commission, recording fees, survey
costs, title costs and related items.
The 2002 beach renoudshment project which is a fill placement project designed to
protect and enhance the City's beach and coastal resources.
The partial funding of the acquisition, construction and equipping of a municipal parking
facility.
All related, necessary and incidental engineering, design, labor, contingency and costs
of issuing 2002 Bonds.
\\w~b-~'O1 \$ANFOED$\3~8202vO4\2/7/O2~ $ 6787.010r/00 Resolution No. 11-02
[lTV OF DELRrI'F 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 Direct L~ne. 561/243-7091
1993 DATE:
February 8, 2002
MEMORANDUM
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Interlocal Aqreement with the SWA for Household Hazardous Waste
Facility and Approval of Temporary Use Permit
This item was first brought before you on February 5, 2002 and direction was
given to make certain changes in the agreement. A meeting was held with the
SWA regarding the Agreement and the following substantive changes were made:
Section 3.04 - the issue of odors was added in the section on nuisances and a
time for abatement of nuisances was added.
Section 3.06 - time frames for site cleanup were added as well as the requirement
that the City must agree to the plan for cleanup.
Section 3.08 - this section concerning traffic on Lake Ida Road was added.
Section 4.03 - was deleted as it dealt with termination for convenience beyond a 2
year term.
A representative from the SWA will be at the Commission meeting to answer
questions on this proposed Agreement.
Along with this item the SWA is also requesting that the City grant a temporary use
permit in conjunction with the approval of Agreement. Please see the attached
memo from Jeff Costello, Principal Planner.
By copy of this memo to David Harden, our office requests that this item be placed
on the February 12, 2002 City Commission agenda.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Richard Hasko, Director of Env. Services
Paul Dorling, Director of P & Z
TO:
THRU:
FROM:
SUBJECT:
DAVIi~T. HAI:~EN~CITY MANAGER
PA4JL DORLING, DIRECTOR OF PLANNING AND ZONING
MEETING OF FEBRUARY 5, 2002
CONSIDERATION OF A REQUEST TO ALLOW A TEMPORARY
HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY AT THE
SOUTHWEST CORNER OF LAKE IDA ROAD AND CSX RAILROAD
(PUBLIC WORKS WAREHOUSE).
BACKGROUND
At its meeting of March 15, 2000, the Site Plan Review and Appearance Board
(SPRAB) approved the Class II site plan modification for significant upgrades to the
Solid Waste Authority Transfer Station on the east side of SW 4th Avenue, south of
Linton Boulevard. The improvements include the construction of a new scale house,
improvements to the main transfer building, as well as landscape, parking and access
improvements.
The Solid Waste Authority is ready to begin construction (anticipated March Ist) and is
requesting to relocate the Household Hazardous Waste Collection aspect to the Public
Works Warehouse on Lake Ida Road, just east of Congress Avenue. The request is to
allow the temporary use at this location for up to two years. As this request is not
included within the list of allowable temporary uses provided in LDR Section 2.4.6(H)(1),
approval of a waiver from the City Commission is required.
The subject property is zoned Community Facilities (CF). While "resource recovery
facilities" are allowed as a Conditional Use in the CF (Community Facilities), the intent is
not to establish a permanent facility, which would be inappropriate for this area. The
Inter-local agreement contains strong language regarding the limitations regarding the
use of the property so this operation will not become a permanent facility. The use of
the property involves various improvements including landscaping along Lake Ida Road,
~nstallation of an awning above the waste storage units, driveway/access improvements,
as well as other upgrades specifically listed in the proposed Inter-local Agreement
between the City and Solid Waste Authority. Disposal containers will be located inside
the storage units. The facility will be unmanned and will be serviced every day for
general clean-up and packaging with some materials being removed on a daily basis.
Items such as oil, batteries, and anti-freeze will be picked-up by a vendor approximately
every two weeks. Trucks associated with this operation will be limited to one 20' long
C~ty Commission Documentation
Meet~,qg of February 5, 2002
Temporary Household Waste Fac~hty at 1700 Lake Ida Road
Page 2
box truck, which will visit the site daily to conduct servicing, and the vendor truck that
will visit the site every two weeks. The hours of operation will be 7:00 A.M. to 5:00 P.M.
Monday though Saturday. There will be adequate stacking and parking provided on the
site.
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body
must make a finding that granting the waiver:
(a) Shall not adversely affect the neighboring area;
(b) Shall not significantly diminish the provision of public facilities;
(c) Shall not create an unsafe situation; and
(d) Does not result in the grant of a special privilege in that the same waiver would be
granted under similar circumstances on other property for another applicant or
owner.
The proposed use will be located on a City-owned property, which is in an industrial
area. The proposed use will be temporary and will enable the Solid Waste Authority to
continue its operations in the area while renovating the existing transfer station site.
The Inter-local Agreement will allow the Solid Waste Authority to operate on the site on
a temporary basis up to two years, with the condition that the use must be removed
from the site 30 days after completion of the proposed improvements at the transfer
station site. Thus, the temporary use approval is subject to the conditions of the Inter-
local Agreement. A similar waiver has been granted to allow a business to establish a
temporary location while the permanent location was under construction, provided the
temporary location was properly zoned and was developed in compliance with the Land
Development Regulations (Republic Bank/Wachovia).
By motion, approve a Temporary Use Permit for the establishment of the Solid Waste
Authority Household Hazardous Waste Collection Facility at 1700 Lake Ida Road, based
upon positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following
condition:
1. That all aspects of this operation comply with the conditions set forth in the Inter-
local Agreement, between the City of Delray Beach and the Solid Waste
Authority of Palm Beach County.
Attachments:
Location Map
Site Plan
- Ji ~X ~ARE ~
~W / ~ /~/~~' /I/ / /
~ ' LAKE IDA ROAD
, I CHURCH
I 1~,'5~ / / / / /. - , . I . ,
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INTERLOCAL AGREEMENT
between
THE CITY OF DELRAY BEACH
and
THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY
for
THE LOCATION, CONSTRUCTION AND OPERATION OF AN
INTERIM HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITY
TABLE OF CONTENTS
PAGE
ARTICLE 1: GENERAL PROVISIONS
Section 1.01 Recitations .................................................................................................... 2
Section
Section
Section
Section
Section
Section
Section
1.02 Purpose ......................................................................................................... 2
1.03 Length of Term and Commencement Date ........................................... 2
1.04 Premises ........................................................................................................ 2
1.05 Acceptance of Premises ........................................................................... 2
1.06 Rent ................................................................................................................ 3
1.07 Assessments .................................................................................................. 3
1.08 Funding ......................................................................................................... 3
ARTICLE 2: ALTERATIONS
Section 2.01 General ......................................................................................................... 3
Section 2.02
Section 2.03
Section 2.04
Section 2.05
Section 2.06
Section 2.07
Section 2.08
Design and Construction ........................................................................... 3
Commencement of Work .......................................................................... 5
Payment and Performance Bond ............................................................ 5
Construction Liens ....................................................................................... 5
Completion of Work .................................................................................... 5
Ownership of Alterations ............................................................................ 6
Destruction of Alterations ........................................................................... 6
ARTICLE 3: USE OF PREMISES AND CONDUCT OF BUSINESS
Section 3.01 Use of Premises and Hours of Operation ................................................. 6
Section
Section
Section
Section
Section
Section
3.02 Repairs and Maintenance ......................................................................... 6
3.03 Utilities and Services .................................................................................... 7
3.04 Waste or Nuisance ...................................................................................... 7
3.05 Government Regulations ........................................................................... 7
3.06 Surrender of Premises .................................................................................. 8
3.07 Quiet Enjoyment .......................................................................................... 8
ARTICLE 4: DEFAULT AND TERMINATION
Section 4.01 Events of Default .......................................................................................... 9
Section 4.02 Waiver ........................................................................................................... 9
Section 4.03 Termination for Convenience .................................................................... 9
Section 4.04 Termination Upon Completion of Existing Facility ................................... 9
ARTICLE 5: INDEMNIFICATION
Section 5.01 General ....................................................................................................... 10
ARTICLE 6: INSURANCE
Section 6.01 Self-Insurance ............................................................................................. 10
Section
Section
Section
Section
Section
6.02 Insurance Provided by Carrier ................................................................ 10
6.03 Worker's Compensation Insurance ........................................................ 11
6.04 Property Insurance .................................................................................... 11
6.05 Certificate ................................................................................................... 11
6.06 General ....................................................................................................... 11
ARTICLE 7: MISCELLANEOUS
Section 7.01 Captions ...................................................................................................... 11
Section
Section
Section
Section
Section
Section 7.07
Section 7.08
Section 7.09
Section 7.10
Section 7.11
Section 7.12
Section 7.13
Section 7.14
Section 7.15
Section 7.16
Section 7.17
7.02 Severability ................................................................................................. 11
7.03 Entire Agreement ...................................................................................... 12
7.04 Non-Exclusivity of Remedies .................................................................... 12
7.05 Time of Essence ......................................................................................... 12
7.06 Non-Discrimination .................................................................................... 12
Construction ............................................................................................... 12
Broker ........................................................................................................... 12
Assignment ................................................................................................. 13
Default ......................................................................................................... 13
Governing Laws and Venue .................................................................... 13
Binding Effect ............................................................................................. 13
Waiver ......................................................................................................... 13
Incorporation by Reference .................................................................... 13
Notices ........................................................................................................ 13
Effective Date ............................................................................................ 15
Filing ............................................................................................................. 15
EXHIBITS ............................................................................................................................. 17
Exhibit A
Exhibit B
Sketch of Property
Site Plan
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into
2002, by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY (the
"SWA"), a dependent special district created pursuant to Chapter 2001-331, Special Acts,
Laws of Florida, as amended, whose address for the purposes of this agreement is 7501
North Jog Road, West Palm Beach, Florida, 33412, and the CITY OF DELRAY BEACH, a
municipal corporation located in Palm Beach County, Florida, and organized under the
Laws of the State of Florida, whose address for the purposes of this agreement is 100
N.W. First Avenue, Delray Beach, Florida, 33444 (the "City").
WITNESSETH:
WHEREAS, there exists a need to provide for an interim collection facility for
Household Hazardous Waste (hereinafter "HHW") for southern Palm Beach County during
the time that SWA's existing HHW collection facility for southern Palm Beach County
undergoes certain improvements and renovations; and
WHEREAS, the SWA and the City desire to establish an interim HHW collection
facility to be designed, constructed, operated and maintained by the SWA, and are willing
to cooperate and work together so that all residents of the City and Palm Beach County
generally may benefit; and
WHEREAS, there is a certain parcel of real property owned by the City and located
within its corporate limits at 1700 Lake Ida Road, Delray Beach, Florida, that is suitable for
an interim HHW collection facility; and
WHEREAS, the SWA has asked the City for authorization to develop and use a
portion of this parcel of real property as an interim HHW collection facility to serve and
benefit all residents of the City and Palm Beach County, which project, as more specifically
described hereinafter, shall be referred to herein as the "Collection Facility"; and
WHEREAS, the SWA and the City desire to enter into this Interlocal Agreement to
clarify the rights and responsibilities of each party to facilitate development of the Collection
Facility; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into
interlocal agreements with each other to jointly exercise any power, privilege, or authority
that such agencies share in common and which each might exercise separately; and
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties hereto agree to the following terms and
conditions:
ARTICLE 1' GENERAL PROVISIONS
Section 1.01 - Recitations
The foregoing recitals are true and correct and are incorporated herein as if fully set
forth herein.
Section 1.02 - Purpose
The purpose of this Interlocal Agreement is to provide a mechanism for the SWA
and the City to cooperate in the development of the Collection Facility and thereby maintain
the availability of an HHW collection facility for use by the public during the time that SWA's
existing HHW collection facility must be closed to the public while undergoing certain
improvements and renovations.
Section 1.03 - Length of Term and Commencement Date
The initial term of this Interlocal Agreement shall commence upon the date of full
execution by the parties hereto (the "Commencement Date"), and shall extend for a period
of two (2) years thereafter, unless terminated earlier according to the provisions of this
Interlocal Agreement (the "Term") ' .r,,,,, +~, .... ;"~*;"" "'~ thc ;"~+~"~ + ..... ° ...... ~' ....... *
Section 1.04 - Premises
The property which the SWA intends to occupy, develop and utilize as the Collection
Facility (hereinafter, the "Premises"), comprises the northeasterly quadrant, more or less,
of a parcel owned by the City and located within its corporate limits. This parent parcel
consists of approximately two (2) acres located at south of Lake Ida Road and west of the
CSX railroad right-of-way which sits west of, and approximately parallel to, Interstate-95,
legally described as follows:
The Easterly 240.49 feet (LESS the Southerly 500 feet) of Lot
20, Block 1, DELRAY SHORES, according to the Plat thereof,
as recorded in Plat Book 24, Pages 232-233.
A sketch of the described parcel is attached hereto as Exhibit "A", and incorporated
herein by reference.
Section 1.05 - Acceptance of Premises
SWA certifies that SWA has inspected the Premises and accepts same "As Is", in
its existing condition as of the Commencement Date of this Interlocal Agreement. No
repair work, alterations, or remodeling of the Premises is required to be done by the City as
a condition of this Interlocal Agreement.
2
Section 1.06 - Rent
The use and occupancy of the Premises by the SWA shall be on a rent free basis.
Section 1.07 - Assessments
SWA shall pay before delinquency all assessments which may be levied by any
governmental authority against SWA's improvements constructed on the Premises during
the Term of this Interlocal Agreement, to the extent that SWA is not exempt by law from
said assessments.
Section 1.08 - Funding
This Interlocal Agreement and all obligations of SWA hereunder are subject to and
contingent upon annual budgetary funding by the Board of the Solid Waste Authority of
Palm Beach County.
ARTICLE 2: ALTERATIONS
Section 2.0'1 - General
SWA agrees to perform all work at its own cost and expense necessary to design,
construct, operate and maintain the Collection Facility upon the Premises, including but not
limited to costs arising from architectural and engineering work, site work, utilities access
and installation, drainage, securing requisite permits and approvals, and physical
construction of the Collection Facility.
All such work shall comply with all requirements and provisions of this Interlocal
Agreement, including but not limited to the Site Plan, attached hereto as Exhibit "B" and
incorporated herein by reference in its entirety, which may be modified after the
Commencement Date pursuant to the provisions herein.
SWA shall utilize its procurement process for all services required for the Collection
Facility. Said procurement process shall be consistent with all federal, state and local laws,
rules and regulations.
City shall have no contractual or other obligation to any person retained by SWA
with regard to the Collection Facility. Any dispute, claim, or liability that may arise as a
result of SWA's procurement shall be the sole responsibility of SWA and SWA hereby
agrees to indemnify, defend and hold the City harmless for same. Nothing contained herein
shall be construed as a waiver of sovereign immunity or the statutory limits of liability set
forth in Section 768.28, Florida Statutes.
Section 2.02 - Desiqn and Construction
SWA shall not make any improvements, additions, modifications or alterations to the
Premises or the Collection Facility (hereinafter collectively referred to as "Alterations")
without the prior written consent of the City in each instance, which shall not be
unreasonably withheld. Notwithstanding the foregoing, City shall be entitled to withhold
consent for any request which proposes to utilize the Premises for other than an interim
3
HHW Collection Facility. SWA shall submit detailed plans and specifications for all such
Alterations to City for City's written approval prior to SWA's commencing work on same.
SWA acknowledges and agrees that all Alterations, whether pursuant to this Section or
otherwise, are performed and accomplished solely for the benefit and convenience of
SWA, and not for the benefit of City, such Alterations nevertheless being subject to each
and every provision of this Interlocal Agreement. All work done by SWA in connection with
any Alterations, repairs and maintenance on the Premises shall be performed in a good
and workmanlike manner, in full compliance with applicable building codes and zoning
regulations, and shall be diligently performed to completion according to the plans and
specifications therefor.
The Alterations shall be in accordance with the plans and specifications set forth in
the Site Plan attached hereto as Exhibit "B", and shall include, but not be limited to, the
following:
1. Pour concrete pad in southeast corner of parcel for City use;
Remove fence from north, west and south edges of existing concrete
pad;
Asphalt all existing shell rock drive areas around existing concrete
pad;
4. Install fencing to separate and secure City maintenance area;
Move steel HHW materials storage building from existing HHW
collection facility and install on existing concrete pad;
6. Install cabinets on existing concrete pad;
7. Install canopy over cabinets and work area on existing concrete pad;
Install safety eyewash/drench shower and water spigot outside the
existing City maintenance building;
9. Install electrical outlet outside the existing City maintenance building;
10. Install telephone line outside the existing City maintenance building;
11. Install appropriate signage on road or entrance to the facility;
12. Make buildings aesthetically pleasing, in accordance with the
approved Site Plan;
13. Install fence adjacent to storage area on west side of property;
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14. Install security lighting as needed; and
15. Install additional landscaping along Lake Ida Road as needed.
Section 2.03 - Commencement of Work
SWA or its representatives shall not commence work upon any Alterations until:
City's Representative has approved the final design development
plans for such improvements in writing;
2. SWA has provided City a duplicate original of the construction
bonds required hereunder, if any;
SWA has obtained all applicable building permits and approvals for
all work to be performed; and
SWA has budgeted and appropriated sufficient funds to pay the cost
of such.
Section 2.04 - Payment and Performance Bond
Prior to commencing work or Alterations upon the Facility Property, SWA shall
obtain any required, public construction payment and performance bond required by, and
in accordance with, the provisions of Section 255.05, Florida Statutes, in an amount equal
to the total cost of construction of such work. Such bond shall name City as an additional
obligee thereunder. The form of such bond and the issuer thereof shall be subject to City's
prior review and approval, which shall not be unreasonably withheld.
Section 2.05 - Construction Liens
SWA shall comply with the Construction Lien Law, Florida Statutes Chapter 713,
Part I, in the construction of any Alterations to the Premises. In the event that a
construction lien is filed against the Facility Property in connection with any work performed
by or on behalf of SWA, SWA shall satisfy such claim, or shall transfer same to security,
within ten (10) days from the date of filing. In the event that SWA fails to satisfy or transfer
such claim within said ten (10) day period, City may do so and thereafter charge SWA, and
SWA shall promptly pay to City upon demand all costs incurred by City in connection with
the satisfaction or transfer of such claim, including attorney's fees. Further, SWA agrees to
indemnify, defend and save City harmless from and against any damage or loss incurred
by City as a result of any such construction lien. Nothing contained herein shall be
construed as a waiver of sovereign immunity or the statutory limits of liability set forth in
Section 768.28, Florida Statutes.
Section 2.06 - Completion of Work
Upon completion of all Alterations, SWA shall provide City with complete "As Built"
plans, for the Collection Facility. For purposes hereof, completion of all Alterations shall
mean completion of construction of the improvements and alterations in accordance with
5
approved plans and specifications, issuance of any required certificate of substantial
completion or certificate of completion to the SWA by the City's engineer of record, and
opening of the Collection Facility to the general public for its intended use as an interim
HHW collection facility. In addition, upon completion of all Alterations, SWA shall provide
City with a final payment affidavit and release of lien from the SWA's contractor and
subcontractors, if any, evidencing payment-in-full of all costs and expenses relating to
design and construction of the Collection Facility.
Section 2.07 - Ownership of Alterations
All improvements and alterations made by SWA shall be and remain the property of
SWA during the term of this Interlocal Agreement. Upon expiration or earlier termination of
this Interlocal Agreement, title to the same shall vest in accordance with the terms herein.
Section 2.08 - Destruction of Alterations
In the event any of SWA's Alterations are destroyed, damaged or injured by fire or
other casualty during the Term of this Interlocal Agreement, or any extension thereof, the
SWA shall commence restoration or removal thereof within ,~,i,+,,f-~m fi~,~,,,, (15) days and
shall thereafter diligently pursue the restoration or removal to completion. Notwithstanding
the foregoing, in the event of any such casualty, SWA shall have the right, to be exercised
in its sole discretion, to terminate this Interlocal Agreement.
ARTICLE 3: USE OF PREMISES AND CONDUCT OF BUSINESS
Section 3.01 - Use of Premises and Hours of Operation
SWA shall utilize the Premises solely and exclusively for the establishment and
operation of an interim H HW Collection Facility to be used use by the general public for the
Term of this Interlocal Agreement in accordance with the terms herein. SWA warrants that
the Collection Facility shall serve a public purpose and be open to and benefit all residents
of Palm Beach County and shall be available thereto on the same cost and availability
basis as to residents of City. SWA shall not discriminate on the basis of race, color, sex,
national origin, age, disability, religion, ancestry, marital status or sexual orientation with
respect to use of the Collection Facility, nor shall SWA discriminate as to residency of
users in establishment of its fees or other criteria.
SWA's access to the Premises and hours of operation on the Premises shall be
limited to 7:00 A.M. to 5:00 P.M., Monday through Saturday. SWA shall not use, permit or
suffer the use of the Premises for any other business or any disorderly or unlawful
purpose. However, in the event of a public auction or other special events held by the City
at 1700 Lake Ida Road, SWA may be required to modify its hours or close the HHW
Collection Facility for the duration of the event. The City shall endeavor to give SWA 24
hours notice of such auctions or special events.
Section 3.02 - Repairs and Maintenance
City shall not be obligated or required to conduct any maintenance or make any
repairs whatsoever to the Premises. All portions of the Premises and all Alterations
6
constructed on the Premises shall be maintained and kept in good repair and condition by
SWA at SWA's sole cost and expense and in accordance with industry standards for such
facilities to prevent undue deterioration and to encourage public use. SWA shall, upon
request, provide City a copy of SWA's maintenance schedule and/or maintenance records
for the Premises. All Alterations and personal property of SWA shall remain the property of
the SWA at SWA's sole risk for the Term of this Interlocal Agreement, or any extension or
renewal hereof. SWA shall not transfer management of the Collection Facility to a third
party without the prior written consent of the City, which shall not be unreasonably withheld.
Section 3.03 - Utilities and Services
SWA shall make arrangements for the supply to the Premises of any and all utilities
and services required by SWA by contracting directly with the utility or other companies
furnishing such utilities and services to the Premises. SWA shall be solely responsible for,
and promptly pay directly to the utility or other provider of such service, all charges and
assessments for water, gas, electricity, trash collection and removal or any other utility
used or consumed by the SWA, its agents, employees, licensees and invitees on the
Premises. In no event shall City be liable for an interruption or failure in the supply of any
such utilities to the Premises.
Section 3.04 - Waste or Nuisance
SWA shall not commit or suffer to be committed any waste upon the Premises or
any nuisance or other act or thing which may result in damage or depreciation of value of
the Premises or which may affect the City's fee interest in the Premises. Nuisance shall
include any noxious odors attributed to or caused by the HHW facility that can be detected
beyond the premises. The City in its sole discretion shall determine what is considered
waste or nuisance and such waste or nuisance must be abated within five (5) days of
receivinq notification from the City. SWA shall not use or dispose of any contaminants
including, but not limited to, hazardous or toxic substances, chemicals or other agents used
or produced in SWA's operations, on the Premises or the property generally, in any
manner not permitted by law. All refuse is to be removed from the Premises at SWA's sole
cost and expense and SWA will keep such refuse in proper containers on the Premises
until removed. SWA will keep access to the Premises, the parking areas and other
contiguous areas to the Premises free and clear of obstruction.
Section 3.05 -Governmental Regulations
SWA shall, at SWA's sole cost and expense, comply with all ordinances, laws,
statutes and regulations promulgated thereunder of all county, municipal, state, federal and
other applicable governmental authorities, now in force, or which may hereafter be in force,
pertaining to SWA or its use of the Premises, including the temporary handling and storage
of known and unknown hazardous substances. SWA shall be responsible for any impact to
the City's permitted Surface Water Management System which is a result of SWA's use of,
or activities on, the subject premises. City shall have the right to make reasonable
inspections of the Premises to determine SWA's compliance with the same. SWA shall, to
the extent permitted by law, indemnify, defend and save City harmless from any and all
penalties, fines, costs, expenses, suits, claims, or damages resulting from SWA's failure to
7
perform its obligations in this Section. City shall be entitled to inspect the Premises during
the hours set forth in Paragraph 4.01 above to insure that SWA is in compliance with the
terms hereof and of this Interlocal Agreement.
Section 3.06 - Surrender of Premises
Upon termination or expiration of this Interlocal Agreement, and unless the City
requests otherwise, SWA shall leave the following Alterations, if installed and completed in
accordance with the Site Plan, on the Premises for the City to keep and maintain as City
property after SWA vacates: 1.) Paving, 2.) Concrete pad, 3.) Canopy over concrete pad,
4.) In-ground utilities, 5.) Fence, and 6.) Landscaping. The SWA may submit a written list
to the City indicating any additional Alterations that the SWA wishes to leave on the
Premises for the City to keep and maintain as City property after SWA vacates. Within
twenty (20) days of City's receipt of SWA's list, City will submit a written response to SWA
indicating which, if any, of the additional items the City agrees will remain on the Premises
and become City property after SWA vacates.
No later than sixty (60) days after termination or expiration of this Interlocal
Agreement, and subject to the foregoing provisions in the foregoing paragraph, SWA, at its
sole cost and expense, shall remove its Alterations and personal property from the
Premises and shall surrender the Premises to the City in the same condition the Premises
were in as of the Commencement Date of this I nterlocal Agreement, reasonable wear and
tear excepted. If the SWA fails to remove its Alterations and restore the Premises as set
forth above, then all such Alterations shall become the property of the City and in such
event, should City so elect, City may restore, at SWA's expense, the Premises to its
condition as of the Commencement Date hereof and SWA shall reimburse City for the
reasonable cost of such restoration upon or within thirty (30) days after SWA's receipt of a
written request therefore, together with supporting documentation and receipts.
Within forty-five (45) days prior to the termination or expiration of this Interlocal
Agreement, SWA shall obtain and deliver to City, at SWA's sole cost and expense, a
Phase II environmental report consisting of a file review, site inspection and chemical
analysis of soil samples from the Premises, to be prepared by the SWA or its contractor.
The Phase II environmental report shall indicate whether or not there is or has been
improperly manufactured, stored or discharged on, or within ten (10) feet of, the Premises
and/or any building, equipment and facilities located thereon any of the following: (1)
friable asbestos; (ii) urea formaldehyde foam insulation; ((iii) polychlorinated biphenyls; or
(iv) any other chemical, material or substance, the handling, storage, transportation,
disposal of or exposure to which is prohibited, limited or regulated by any federal, state,
county, regional or local authority, including petroleum products ("Hazardous Substances").
In the event that SWA's report reveals that any such Hazardous Substances have been
improperly handled, stored, transported or disposed of on the Premises by SWA, its
agents, employees, contractors, licensees or invitees, and that such action has
contaminated the Premises, SWA shall, at SWA's sole cost and expense, promptly take all
actions as are necessary to return the Premises to the conditions existing prior to the
introduction of any such Hazardous Substances to the Premises by the SWA, its agents,
8
employees, contractors, licensees or invitees. SWA shall prepare a plan or commence the
cleanup of the premises as soon as reasonably possibly but no later than 45 days of the
.finding that a contamination has occurred. Time and manner of the completion of the
cleanup shall be put forth in a plan approved the City.
Section 3.07 - Quiet Enjoyment
Upon the observance and performance of all the covenants, terms and conditions
on SWA's part to be observed and performed, SWA shall peaceably and quietly hold and
enjoy the Premises for the Term hereby demised without hindrance or interruption by the
City or any other person or persons lawfully or equitably claiming by, through or under the
City, subject, nevertheless, to the terms and conditions of this Interlocal Agreement.
Section 3.08 - Traffic
If the City determines that the HHW facility causes an unacceptable level of traffic
congestion on Lake Ida Road the SWA shall have 5 days, in cooperation with the City to
remedy the problem. If construction is required to alleviate the traffic concerns the SWA
may have 60 days in which to remedy the problem. If the traffic problem cannot be
remedied, the SWA shall cease operations within 30 days.
ARTICLE 4: DEFAULT AND TERMINATION
Section 4.01 - Events of Default
The occurrence of any one or more of the following shall constitute an Event of
Default by SWA under this Interlocal Agreement: (i) SWA fails to perform or observe any
of the agreements, covenants or conditions contained in this Interlocal Agreement on
SWA's part to be performed or observed, and such failure continues for more than sixty
(60) days after SWA receives written notice from City; or (ii) SWA vacates or abandons the
Premises for a period exceeding thirty(30) days. Any time after an Event of Default occurs,
and while the Event of Default continues, City shall have the right to give SWA written
notice that City intends to terminate this Interlocal Agreement upon a specified date not
less than three (3) days after the date written notice is received by SWA. If the Event of
Default is not cured within the three (3) day period, this Interlocal Agreement shall then
terminate on the date specified as if that date had been originally fixed as the expiration
date of the Term of this Interlocal Agreement. If, however, the Event of Default is cured
within the three (3) day period and the City is so notified, this Interlocal Agreement will
continue.
Section 4.02 - Waiver
The City's waiver of any default of any term, condition or covenant herein shall not
be a waiver of such term, condition or covenant, or any subsequent default of the same or
different term, condition or covenant herein. The City's consent to, or approval of, any act
by SWA requiring City's consent or approval hereunder shall not be deemed to waive or
render unnecessary City's consent to, or approval of, any subsequent similar act by SWA.
9
Section 4.04 - Termination Upon Completion of Existinq Facility
Notwithstanding anything in this Interlocal Agreement to the contrary, this Interlocal
Agreement shall terminate thirty (30) days after completion of all planned improvements
and renovations to the existing HHW collection facility sufficient to allow SWA to occupy
and resume normal operation at said facility. For purposes hereof, completion of all
planned improvements and renovations shall mean completion of construction of the
improvements and renovations in accordance with approved plans and specifications,
issuance of any required certificate of substantial completion or certificate of completion to
the SWA by the City's engineer of record, and opening of the existing HHW collection
facility to the general public.
ARTICLE 5: INDEMNIFICATION
Section 5.01 - General
It is understood and agreed that SWA is a special district organized under the laws
of the state of Florida and is acting in an independent capacity in the performance of its
obligations hereunder and not as an agent, servant or employee of City or its Mayor or
Commissioners. SWA shall, to the extent permitted by law, indemnify, defend and save
harmless the City from and against any and all claims, suits, actions, damages and/or
causes of action arising during the Term of this Interlocal Agreement for any personal
injury, loss of life, environmental contamination, and/or damage to property sustained in or
about the Collection Facility by reason, during or as a result of, the use and occupancy of
the Facility Property by the SWA, its agents, employees, licensees, invitees and the
general public, and from and against any orders, judgments, and/or decrees which may be
entered thereon, and from and against all costs, attorney's fees, expenses and liabilities
incurred in and about the defense of any such claim at trial or on appeal. In the event City
shall be made a party to any litigation commenced against SWA or by SWA against any
third party, then SWA shall protect and hold City harmless and pay all costs and attorney's
fees incurred by City in connection with such litigation, and any appeals thereof.
Notwithstanding anything herein to the contrary, SWA shall not be obligated to indemnify or
hold harmless City for matters which are determined, judicially or otherwise, to be
attributable to the negligent or intentional acts or omissions of City. SWA recognizes the
broad nature of this indemnification and hold harmless clause, and voluntarily makes this
covenant and expressly acknowledges the receipt of good and valuable consideration
provided by the City in support hereof in accordance with the laws of the State of Florida.
This section shall survive the termination of this agreement. Nothing contained herein shall
be construed as a waiver of sovereign immunity or the statutory limits of liability set forth in
10
Section 768.28, Florida Statutes.
ARTICLE 6: INSURANCE
Section 6.01 - Self-Insurance
Without waiving the right to sovereign immunity as provided by Section 768.28,
Florida Statutes, SWA reserves the right to be self-insured for General Liability and
Automobile Liability under Florida sovereign immunity statutes with coverage limits of
$100,000 Per Person and $200,000 Per Occurrence. In the event the Legislature should
change the SWA's exposure by Statute above or below the sums insured against, the
SWA shall provide insurance to the extent of that exposure.
Section 6.02 - Insurance Provided by Carrier
In the event SWA maintains third-party Commercial General Liability and Business
Auto Liability, in lieu of exclusive reliance on self-insurance under Section 768.28, Florida
Statutes, SWA agrees to maintain said insurance policies at limits not less than $500,000
each occurrence. SWA agrees to add the City as an "Additional Insured" with a CG 2026
Additional Insured - Designated Person or Organization endorsement, or similar
endorsement, to the Commercial General Liability. The Additional Insured endorsement
shall read "Mayor of Delray Beach, a Municipal Corporation of the State of Florida, its
Commissioners, Officers, Employees and Agents, cio City of Delray Beach." SWA agrees
the Additional Insured endorsement provides coverage on a primary basis. Claims-bill
indemnification style coverage shall not be considered third-party liability for the purpose of
this paragraph.
Section 6.03 - Worker's Compensation Insurance
SWA agrees to maintain or to be self-insured for Worker's Compensation &
Employer's Liability insurance in accordance with Florida Statute 440.
Section 6.04 - Property Insurance
SWA agrees to maintain property insurance, which would include builder's risk
insurance provided by SWA or SWA's hired contractor, while the Collection Facility is in the
course of construction in an amount at least equal to the estimated completed Collection
Facility value as well as subsequent modifications of that sum. SWA agrees to endorse
City as an "Additional Insured" on the builder's risk. When construction is completed, SWA
agrees to maintain all-risk property insurance for adequate limits of coverage on the
building(s) and contents based on SWA's replacement cost calculation, or the highest
probable maximum loss estimate for the perils of either fire, wind, or flood. SWA agrees to
be fully responsible for any deductible, uncovered loss, or self-insured retention.
Section 6.05 - Certificate of Insurance
When requested by the City, SWA agrees to provide a statement or Certificate of
Insurance evidencing insurance, self-insurance and/or sovereign immunity status.
Section 6.06 - General
11
Compliance with the foregoing requirements shall not relieve SWA of its liability and
obligations under this Interlocal Agreement.
SWA agrees its self-insurance, general liability, automobile liability, and property
insurance shall be primary as respects to any coverage afforded to or maintained by City.
ARTICLE 7: MISCELLANEOUS
Section 7.01 - Captions
The Captions and section designations herein set forth are for convenience only and
shall have no substantive meaning.
Section 7.02 - Severability
If any term or provision of this Interlocal Agreement, or the application thereof to any
person or circumstance, shall to any extent be held invalid or unenforceable, the remainder
of this Interlocal Agreement, or the application of such term or provision, to any person or
circumstance other than those as to which it is held invalid or unenforceable, shall not be
affected, and every other term and provision of this Interlocal Agreement shall be deemed
valid and enforceable to the extent permitted by law.
Section 7.03 - Entire A_~reement
This Interlocal Agreement represents the entire understanding between the City and
SWA, and supersedes all other negotiations, representations or agreements, either written
or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions
contained in this Interlocal Agreement may be added to, modified, superseded or otherwise
altered, except by written instrument executed by the parties hereto.
Section 7.04 - Non-Exclusivity of Remedies
No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or now or hereafter existing at law or in equity or by
statute or otherwise. No single or partial exercise by any party of any right, power, or
remedy hereunder shall preclude any other or further exercise thereof.
Section 7.05 - Time of Essence
The parties expressly agree that time is of the essence in this Interlocal Agreement
and the failure by a party to complete performance within the time specified, or within a
reasonable time if no time is specified herein, shall, at the option of the other party without
liability, in addition to any other rights or remedies, relieve the other party of any obligation
to accept such performance.
Section 7.06 - Non-Discrimination
The parties agree that no person shall, on the grounds of race, color, sex, national
origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from
the benefits of, or be subjected to any form of discrimination under any activity carried out
12
in the performance of this Interlocal Agreement.
Section 7.07 - Construction
No party shall be considered the author of this Interlocal Agreement since the
parties hereto have participated in extensive negotiations and drafting and redrafting of this
document to arrive at a final agreement. Thus, the terms of this I nterlocal Agreement shall
not be strictly construed against one party as opposed to the other party based upon who
drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof,
shall be held by a court of competent jurisdiction to be invalid, such shall not affect the
remaining portions of this Interlocal Agreement and the same shall remain in full force and
effect.
Section 7.08 - Broker
The parties each warrant to the other that no real estate broker or agent has been
used or consulted in connection with the transaction contemplated by this Interlocal
Agreement. SWA agrees to indemnify, defend and hold harmless City from and against
any claims or demands of any such salesperson, agent, finder or broker claiming to have
dealt with the SWA. The foregoing indemnification shall include all costs, expenses and
fees, including, reasonable attorney's fees, relating to the defense of any such claim or
demand at trial or appeal. Nothing contained herein shall be construed as a waiver of
sovereign immunity or the statutory limits of liability set forth in Section 768.28, Florida
Statutes.
Section 7.09 - Assignment
No party to this Agreement may assign this Agreement or any interest herein without
the prior written consent of the other party(s), which may be granted or withheld at such
other party(s) sole and absolute discretion. This provision shall be construed to include a
prohibition against any assignment, by operation of law, legal process, receivership,
bankruptcy, or otherwise, whether voluntary or involuntary.
Section 7.10 - Default
In the event either party hereto fails or refuses to perform any term, covenant, or
condition of this Interlocal Agreement for which a specific remedy is not set forth in this
Interlocal Agreement, the parties shall, in addition to any other remedies provided at law or
in equity, have the right of specific performance thereof to the extent permitted by law.
Section 7.11 - Governing Law and Venue
This Interlocal Agreement shall be governed by, construed and enforced in
accordance with, the laws of the State of Florida. Venue in any action, suit or proceeding
in connection with this Agreement shall be filed and held in a State court of competent
jurisdiction located in Palm Beach County, Florida.
Section 7.12 - Binding Effect
This Interlocal Agreement shall be binding upon, and shall inure to the benefit of, the
parties hereto and their respective legal representatives, successors and permitted
13
assigns.
Section 7.13 - Waiver
No waiver of any provision of this Interlocal Agreement shall be effective against any
party hereto unless it is in writing and signed by the party(s) waiving such provision. A
written waiver shall only be effective as to the specific instance for which it is obtained and
shall not be deemed a continuing or future waiver.
Section 7.14 - Incorporation by Reference
Exhibits attached hereto and referenced herein shall be deemed to be incorporated
into this Interlocal Agreement in their entirety.
Section 7.15 - Notices
All notices and elections (collectively, "notices") to be given or delivered by or to any
party hereunder, shall be in writing and shall be (as elected bythe party giving such notice)
hand delivered by messenger, courier service or Federal Express, or alternatively shall be
sent by United States Certified Mail, with Return Receipt Requested. The effective date of
any notice shall be the date of delivery of the notice if by personal delivery, courier services
or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery
is refused or the notice designated by the postal authorities as non-deliverable, as the case
may be. The parties hereby designated the following addresses as the addresses to which
notices may be delivered, and delivery to such addresses shall constitute binding notice
given to such party:
As to the City:
City Manager
City of Delray Beach
100 N.W. First Avenue
Delray Beach, FL 33444
With a copy to:
City Attorney
City of Delray Beach
200 N.W. First Avenue
Delray Beach, FL 33444
As to the SWA:
Executive Director
Solid Waste Authority of Palm Beach County
7501 N. Jog Road
West Palm Beach, Florida 33412
With a copy to:
Director of Planning and Environmental Programs
Solid Waste Authority of Palm Beach County
14
7501 N. Jog Road
West Palm Beach, Florida 33412
With a copy to:
SWA General Counsel
cio Palm Beach County Attorney
301 N. Olive Avenue
Suite 601
West Palm Beach, Florida 33401
Any party may from time to time change the address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the other
parties.
Section 7.16 - Effective Date
This Interlocal Agreement is expressly contingent upon the approval of the Board of
the SWA, and shall become effective only when signed by all parties and approved by the
Board of the SWA.
Section 7.17 - Filing
A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court
in and for Palm Beach County.
INTENTIONALLY LEFT BLANK
15
IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By: By:
Barbara Garito, City Clerk
David Schmidt, Mayor
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Susan A. Ruby, City Attorney
ATTEST:
SOLID WASTE AUTHORITY OF PALM BEACH
COUNTY, BY ITS BOARD
By: By:
(SEAL)
SANDRA BOURHAN,
SWA Clerk
MARY McCARTY, Chair
APPROVED AS TO TERMS AND
CONDITIONS
By:
DONALD L. LOCKHART,
Executive Director
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: ,
MAUREEN E. CULLEN, General Counsel
16
EXHIBITS
EXHIBIT a
SKETCH OF PROPERTY
EXHIBIT B
SITE PLAN
17
EXHIBIT A
(Interlocal Agreement)
SKETCH OF PROPERTY
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EXHIBIT B
(Interlocal Agreement)
SITE PLAN
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ADMINISTRATIVE SERVICES
MEMORANDUM
TO: David T. Harden, City Manager
FROM: ~Robert A. Barcinski, Assistant City Manager
SUBJECT: Agenda Item City Commission Workshop February 12, 2002
Proposed Performance Measures/Golf Comes and Tennis
Facilities
DATE: February 4, 2002
Attached are copies of proposed performance measures for FY01-02 for the Municipal
Golf Course, Lakeview Golf Course and Tennis Facilities. This item is on the agenda for
City Commission discussion and direction.
The performance measures as proposed include a recommended weighted percentage
(far right column) for each measure. Mr. Dubin and his staff will be available at the
meeting for questions.
RAB:ags
Attachment
Cc: Brahm Dubin
Sharon Painter
File:allen/rab
Doc:Agenda Item 2 12 02 Performance Measures Dubin.doc
Proposed
Delray Beach Golf Club
Performance Measures
FY 01-02
2.
3.
4.
5.
10.
11.
12.
Achieve a level in restaurant sales of $1 million ($969,684 actual for 2001) 10
Maintain a level of 85,000 rounds (85,435 actual for 2001) 10
Maintain a level in youth participation of 2,000 (2,054 actual for 2001) 5
Aerate greens, tees, and fairways twice a year 5
Achieve net income of $96,242 as per City of Delray Beach Comparative
Income Statements. ($66,653 actual for 2001) 15
Maintain merchandise sales of $100,000 in the Pro-Shop ($127,062 5
actual for 2001)
Maintain range ball sales of $90,000 ($94,924 actual for 2001) 5
Host the City Golf Championship 5
Hire National Golf Foundation to implement a Customer Loyalty and 20
Satisfaction Program (CLASP), to conduct a customer survey and achieve
an overall positive customer satisfaction rating in all areas of the operations in
accordance with National Golf Foundation national averages
Host a minimum of four (4) civic or charity tournaments per year. 5
(6 actual in 2001)
Maintain a permit-holder base of 340 memberships (365 actual for 2001) 10
Assist in development of requests for proposals to hire a Golf Course Architect 5
to prepare master plan, cost estimates, and bid specifications for green renovation,
irrigation system renovation, and relocation of a position of number 1 tee and
employee parking to be removed from the Lake Worth Drainage District - RFP to
be completed and sent out by March 2001
Total 100
Proposed
Lakeview Golf Club
Performance Measures
FY 01-02
2.
3.
4.
5.
6.
Maintain a level of 54,500 rounds annually (54,31 lactual for 2001)
Host the Goblin Junior Golf Tournament
Host the Special Olympics Junior Golf Tournament
Host the City Junior Golf Championship
Host the Jingle Bell Golf Tournament
Hire National Golf Foundation to implement Customer Loyalty and
Satisfaction Program (CLASP), to conduct a customer survey and
achieve an overall positive customer satisfaction rating in all areas of
the operations in accordance with National Golf Foundation national
averages
Achieve net income of $105,407 as per City of Delray Beach
Comparative Income Statements. ($83,081 actual for 2001)
Achieve merchandise sales of $18,000. ($17,925 actual for 2001)
Total:
15
7
7
7
7
25
25
_7
1.00
Proposed
Delray Beach Tennis Center
Delray Swim & Tennis Club
Performance Measures
FY 01-02
o
10.
11.
Conduct the Intel-national Tennis Championship, the Chris Evert Pro
Celebrity, and the JPMorgan Chase Tennis Challenge
Maintain a membership level of 425 memberships (496 actual for 2001)
Maintain a level of 60,000 in daily play including members, City residents,
County residents, Non-residents and Programs (58,637 actual for 2001)
Encourage youth utilization by hosting
} Junior Summer Camps for ages 4-16 from June to August
} Easter Junior Camp
} Christmas Junior Camp
} Provide free hard court use for Juniors from June to August
Conduct a minimum of eight (8) Amateur Tournaments (8 actual for 2001)
Encourage diverse use of facilities by:
} Hosting the Roots Tennis Tournament
~' Hosting the Rainbow Tennis Classic
Conduct $240,000 in lesson programs ($198,409 actual for 2001)
Conduct a customer survey and achieve an overall positive customer satisfaction
rating in all areas of the operations
Complete renovation of courts 5 through 8 and 13 and 14 at the Delray
Beach Tennis Center
Complete renovation of courts 1 through 4 at the Delray Swim & Tennis Club
Host a Professional Exhibition featuring local tennis professionals
Total:
15
10
10
5
10
5
10
20
5
5
5
100
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
SPECIAL/WORKSHOP MEETING - FEBRUARY 12~ 2002
6:00 P.M. - FIRST FLOOR CONFERENCE ROOM
AGENDA ADDENDUM
THE SPECIAL MEETING AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
e
REQUEST FOR GRANT/SOUL OF DELRAY: Consider a request from the Soul of
Delray Committee for a $30,000 grant associated with administrative and production costs for
the "Celebrate the Soul of Delray" event to be held on Saturday, February 16, 2002.
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.
CELEBRATE THE SOUL OF Delray Beach
400 WEST A TLANTIC AVE,
DELRA Y BEACH, FL 33444
561.2'/6.4915
The Delray Merchant's A~ocialkxl has~ closely ~ the City for over t0
years. We have served the com~ well, prov~ the catalyst for
redevelopment and crime prevention in the West At~ Oon'idor. This is a high
America City will be ~ in ~ most positive light as this event not only
when we all work togelher toward one common goal. The goal is community
If there are any que~Uons, please feel free to call me at 276-4915.
3?.5
Celebrate the Soul of Delray
February 16, 2002
Revised Budget
Cash Revenues
Palm Beach County Grant
Palm Beach Cultural Council Grant
Vendor Income
Sponsor Income
Carry Over Previous Event
TOTAL
$20,000
11,315
12,000
1,000
4,000
$48,315
Cash Expenses
General Liability Insurance
Liquor Liability Insurance
Port-a-lets
Portable Lights (2)
Children's Area
Sound & Liability
Backline
Catering
Hotels
Ground Transportation
Transportation Air
Entertainment
· Spinners
Shirley Ceasar
· Keith Washington
Stage Rentals
Others Entertainment (local)
Unique Productions (fee stage hands)
$ 1,195
700
900
85O
400
4,500
3,500
2,900
3,000
2,000
3,500
20,000
16,500
7,500
3,000
2,000
7,250
$79,195
$48,315
¢$30,8803