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Agenda Reg 01-02-01City of Delray Beach Regular Commission Meeting Tuesday, January 2"d , 2001 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 N~~ 1st Avenue Delrav Beach, Florida 33444 Phone: (561)243-7000 Fax: (561)243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments x~nth the order of presentation being as follows: City Staff, public comments, Commission d~scusslon and official action City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from the Public' Any citizen is enutled to be heard concerning an5' matter x~uthm the scope of jurisdiction of the Commission under this section. The Commission may ~x,nthhold comment or direct the C~ty Manager to take action on requests or comments. Regular Agenda and F~rst Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, cmzens ma!, speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting. ~nd~vlduals wishing to address public hearing or non-agendaed items should s~gn in on the sheet located on the right side of the dats If you are not able to do so prior to the start of the meeting, you may still address the Commission on an approprmte 1tern The primary purpose of the sign-in sheet is to assist staff wlth record keeping. Therefore, when you come up to the podium to speak, please complete the s~gn-ln sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or agmn address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal an3, decision made by the City Commission v~th respect to any matter considered at this meeting, such person will need to ensure that a verbaum record includes the testimony and evidence upon which the appeal is based. The C~ty neither provides nor prepares such record. The Cra' will furnish aux. tharv aids and sen'ices to afford an mchvidual with a chsabzhtx an opportumg' to paruclpate m and enloy the benefits of a service, program, or acuvlty conducted by the City Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the Cra' to accommodate your request Adapuve hstenmg devices are ax'affable for meeunas in the Comrmsslon Chambers 2. 3. 4. 5. 6. ROLL CALL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: None PROCLAMATIONS: A. Martin Luther King, Jr. Day - January 15, 2001 PRESENTATIONS: None CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 1-01: Approve a resolution setting a public hearing date of February 20, 2001, for consideration of the Pineapple Grove Entrance Special Assessment District final assessment roll. B. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/WATERWAY VILLAGE: D Authorize the City to act as the utility permit applicant for the construction of a sanitary force main within state right-of-way (Federal Highway) and approve a hold harmless agreement wherein the developer agrees to hold the City harmless for work performed by the developer in the state r~ght-of- way, associated with the Waterway Village mixed use development to be located at the southwest comer of South Federal Highway and Lindell Boulevard. ACCEPTANCE OF EASEMENT DEED/THE ENCLAVE P.U.D.: Approve and accept an easement deed from Home Development Corporation of South Florida granting to the City utility easements for the maintenance of water and sewer mains constructed by the developer for The Enclave P.U.D., a multiple family development located on the south side of West Atlantic Avenue. approximately 2,000 feet west of Military Trail in unincorporated Palm Beach County The City Commission approved a water service agreement for this project on December 8, 1998. 1NTERLOCAL AGREEMENT WITH SOLID WASTE AUTHORITY FOR LIME SLUDGE RECYCLING: Approve an interlocal government agreement between the City and the Solid Waste Authority for the purchase of recycled lime and the disposal of lime sludge. This agreement will reduce our annual budget for lime purchase and sludge disposal from $560,000/year to $354,000/year. for a savings of $206,000. MUTUAL AID AGREEMENT/PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES: Approve a mutual aid agreement by and among Palm Beach County law enforcement agencies which permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and provides for the rendering of assistance in a law enforcement emergency. FUNDING AGREEMENT FOR ODABACHIAN PROPERTY/PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM: Approve a project agreement between the City and the Palm Beach County' Florida Boating Improvement Program (FBIP) for funding in the amount of $70,000 from FBIP to assist with the purchase of the Odabachian property by the City of Delray Beach for a new boat ramp park. 01-02-01 G FUNDING SUBSIDY UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve a funding subsidy in the amount of $19,000 00 for an income eligible applicant under the Delray Beach Renaissance Program, with funding from 118-1924-554-83 01 (SHIP Program), representing the 116th homeownership assistance grant provided through the program to-date. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 11th through December 29, 2000. AWARD OF BIDS AND CONTRACTS: Bid award in the approximate amount of $20,874.00 to Diana Food Group for the out-of- school program snack bid, with funding from 115-2122-521-52.20 (Weed & Seed Grant - General Operating Supplies). Purchase award in the amount of $17,249.00 to Compaq Computer Corporation, via State of Florida contract, for the purchase of a Compaq network server computer to replace the existing main network server which is running at 95% capacity. Funding is available from 334-6112-519-64.11 (General Capital R&R - Computer Equipment). Bid award at an estimated annual cost of $16,500.00 to USA Charter as primary contractor and to Blackwell's Tractor Services as secondary (backup) contractor for Code Enforcement nuisance abatement (lot clearing and mowing), with funding from 001-2741-524-34 30 (Code Enforcement - Lot Mowing/Clearing) MUNROE V. CITY OF DELRAY BEACH AND SGT. ROBERT BRADLEY: Approve the appointment of outside counsel in the referenced matter and deny the offer to settle the case as recommended by the City Attorney. REGULAR AGENDA: A. CONDITIONAL USE MODIFICATION/COMMUNITY PRIMITIVE BAPTIST CHURCH: Consider a request for conditional use modification to allow the expansion of the existing Community Primitive Baptist Church The subject property is located north of Atlantic Avenue between N.W. l0th Avenue and N.W. 11th Avenue, and is zoned R-1-A (Single Family Residential) District. QUASI-JUDICIAL PROCEEDING CONDITIONAL USE REQUEST/MURPHY OIL GAS STATION: Consider a request for conditional use approval to allow the construction of a new gasoline station on Parcel "C" of the Wal- Mart Plaza development site. The subject properly is located on the west side of Military Trail, approximately 600 feet south of Linton Boulevard, and is zoned PC (Planned Commercial) District. QUASI-JUDICIAL PROCEEDING INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY REGARDING THE BACKROOM PROPERTY: Consider approval of an interlocal agreement between the City and the Community Redevelopment Agency to provide for the City's participation in the transaction for the acquisition of the Backroom property by the CRA AGREEMENT WITH PALM BEACH COUNTY FOR FUNDING OF TENNIS CENTER E IMPROVEMENTS: Consider approval of an agreement between the City and Palm Beach County that provides for reimbursement to the City from the County in an amount not to exceed $150,000 to offset costs paid for improvements to the Tennis Center SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for the January 25, 2001 Art & Jazz, including temporary use permits for street closures, staff support, use of City equipment, and specified overtime costs 01-02-01 SPECIAL EVENT REQUEST/FOURTH ANNUAL BED RACE: Consider a request for special event approval for the Fourth Annual Bed Race to be held on March 3, 2001, including temporary usc permits for street closures, staff support, a waiver to allow event signage more than one week in advance, use of City stages at no charge, and waiver of overtime costs. PROFESSIONAL SERVICES AGREEMENT/TREASURE COAST REGIONAL PLANNING 10. 11. COUNCIL (MacARTHUR GRANT/DOWNTOWN BUSINESS DISTRICT PLAN): Consider approval of an agreement with the Treasure Coast Regional Planning Council for professional services relating to the MacArthur Grant/Downtown Business District Plan. RESOLUTION NO. 2-01: Consider approval of a resolution authorizing the City to purchase a parcel of land located at Tract O, Tropic Palms Plat 1, from Walter & Georgine Hahn for the purpose of providing a drainage detention pond. The subject property is located just west of the F.E C. Railroad between Lindell Boulevard and the Leon M. Weekes Environmental Preserve PALM BEACH COUNTY DAY SPONSORSHIP: Determine if there is interest in participating as a sponsor for Palm Beach County Day to be held in Tallahassee over the period of March 6-8, 2001. CONTRACT ADDITION (C.O. #1)/TELCON, INC. (VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS): Consider approval of a contract addition (C.O #1) in the amount of $69,119 00 and a mnety (90) calendar day time extension with Telcon, Inc to include the replacement of deteriorated water mains under the Venetian Drive Infrastructure Improvements contract. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three regular members and one alternate member to the Code Enforcement Board for three year terms ending January 14, 2004 The appointments will be made by Mayor Schmidt (regular member/real estate), Commissioner Perlman (regular member/architect), Commissioner Archer (regular member/engineer), and Commissioner Schwartz (alternate member/real estate). LUMP SUM BONUS PROVISION FOR GENERAL EMPLOYEES: Consider approval of a proposed change to the lump sum bonus provision for general employees (exempt and non-exempt). PUBLIC HEARINGS: ORDINANCE NO. 35-00 (SECOND READING/SECOND PUBLC HEARING): An ordinance amending the Land Development Regulations relative to Alcohol and Drug Abuse Treatment Facilities. ORDINANCE NO. 36-00: An ordinance amending Chapter 71, "Parking Regulations", of the City Code by amending Section 71.999, "Penalty", to revise the fees charged for parking violations. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public O1 ~02-01 12. 13. FIRST READINGS: ho ORDINANCE NO. 1-01: An ordinance providing for a referendum to be held on March 13, 2001, on the questton of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of part of the current Library property located at 29 S.E. 4~ Avenue. If passed, a public hearing will be scheduled for January 16, 2001. B ORDINANCE NO. 2-01: An ordinance amending Section 4.6.17, "Erosion, Soil, and Dust Control", and Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach to adopt pollution control standards in accordance w~th the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements. If passed, a public hearing will be scheduled for January 16, 2001. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attomey C. City Commission -5- 01-02-01 WHEREAS, Martin Luther King, Jr. was bom on January 15, 1929, in Atlanta, Georgia, and dedicated his life to all Americans being able to enjoy the freedom guaranteed every citizen under the United States Constitution; and WHEREAS, January 15, 2001, will be observed as Martva LutherKir~]r. Day in honor of the memory and ideals of Dr. King; and WHEREAS, Martin Luther King, Jr. labored tirelessly to obtain equality of opportunity for all Americans; and WHEREAS, Dr. King was instrumental in the advancement of equality for all Americans; and WHEREAS, January 15~ should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 15, 2001 as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifices made by Dr. King on behalf of all Americans and join in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the world. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 2nd day of January, 2001. DAVID W. SCHMIDT MAYOR DELRAY BEACH AII.Amri¢,~ Cit~ Writer's D~reet Line: 561/243-7091 DATE: December 26, 2000 TO: FROM: City Commission f Brian Shun, Assistant City Attorney SUBJECT: Resolution No. 1-01 (Setting Public Hearing Date for Pineapple Grove Entrance Special Assessment District Final Assessment Roll) The attached resolution will set the public hearing date for consideration of the Pineapple Grove Entrance Special Assessment District final assessment roll. In June of 1999, the City Commission declared a necessity for the improvement of the entrance to the Pineapple Grove district involving street beautification along Pineapple Grove Way from Atlantic Avenue to the intersection with the first alley. The Pineapple Grove Entrance Special Assessment District was established through the adoption of Resolution No. 45-99 on July 20, 1999, in order to defray a portion of the costs of the street beautification. The total estimated cost of the street beautification improvements was $154,000.00, of which the City has budgeted $43,600.00 for contribution, the CRA would contribute $50,000.00, Pineapple Grove Mainstreet would contribute $36,000.00 and the property owners would contribute $25,000.00. Construction of the street beautification improvements has been completed and a final accounting of the costs has been made. In accordance with the requirements of state law and the City's Land Development Regulations, a final assessment roll has been prepared which will be considered for adoption at a public hearing scheduled for February 20, 2001. The City Clerk will be mailing notices to the individual property owners of the hearing and the final assessment amount. By copy of this memo to David Harden, our office requests that this item be placed on the January 2, 2001 City Commission agenda for approval. Please call if you have any questions. cc: David Harden, City Manager Alison Harty, City Clerk Randal Krejcarek, City Engineer RESOLUTION NO. 1-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE PINEAPPLE GROVE ENTRANCE SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the June 1, 1999 meeting, the City Commission declared a necessity for the street beautification of the entrance to Pineapple Grove Way (N.E. 2na Avenue) through the adoption of Resolution No. 31-99; and WHEREAS, at a public hearing held on July 20, 1999, the City Commission certified and adopted the preliminary assessment roll showing the property to be assessed and the mount of the assessments for the Pineapple Grove Entrance Special Assessment District; and WHEREAS, construction of the street beautification improvements within the Pineapple Grove Entrance Special Assessment District has been completed and a final accounting of the costs has been made; and WHEREAS, pursuant to the requirements of state law and the City's Land Development Regulations, a final assessment roll has been prepared showing the property to be assessed and the amount of the assessments; and WHEREAS, the City Commission must provide notice of the final assessments and hold a public hearing prior to the final certification and adoption of the final assessment roll. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a public hearing shall be held on February 20, 2001, at 7:00 p.m. at the Delray Beach City Hall Commission Chambers, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. At the public hearing, owners of the property to be assessed or any other persons interested therein may appear before said governing authority and be heard as to the propriety and advisability of adopting such final assessment roll. Section 2. That the City Clerk shall mail notice of the public hearing to each property owner listed in the final assessment roll. Section 3. That the City Clerk shall publish notice of the public hearing in a newspaper of general circulation within the county. Section 4. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this 2nd day of January, 2001. MAYOR ATTEST: 'City Clerk 2 Res No 1-01 PINEAPPLE GROVE ENTRANCE SPECIAL ASSESSMENT DISTRICT PUBLIC HEARING NOTICE You are hereby notified that the City Commission for the City of Delray Beach will hold a public hearing regarding the certification and adoption of the final assessment roll for the Pineapple Grove Entrance Special Assessment District on: February 20, 2001 at 7:00 p.m. Delray Beach City Hall City Commission Chambers 100 N.W. 1 st Avenue Delray Beach, Florida The Special Assessment District was established to pay a portion of the cost of public improvements for that segment of N.E. 2nd Avenue from Atlantic Avenue north to the first alley intersection. If the City Commission approves the final assessment roll, you, as the property owner, will be responsible for payment of the assessment shown on the attached page. The assessment may be paid in one lump sum, or in ten (10) annual installments at 8% interest. At the time and place listed above, the City Commission will hear public comments and inquiries regarding the final assessment roll. You are not required to attend this meeting or to have someone there to represent you. However, you are welcome to do so if you desire. If you have any questions, you may call City Engineer Randal Krejcarek at 561/243 - 7322. 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 HEARING, SUCH PERSON WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH RECORD, PURSUANT TO F.S. 286.0105. DATE MAILED: JANUARY __, 2001 PINEAPPLE GROVE ENTRANCE SPECIAL ASSESSMENT DISTRICT SECTION: 16 SUBDIVISION: 01 BLOCK: 076 LOT: 0170 ASSESSMENT: $12,500.00 PROPERTY ADDRESS: 137 E ATLANTIC AVE OWNER INFORMATION: AVENUE INVESTMENT LTD. 7003 MANDAP,IN DR BOCA P, ATON, FL 33433 LEGAL: TOWN OF DELP,AY, LOTS 17 & 18, Block 76 SECTION: 16 SUBDIVISION: 01 BLOCK: 84 LOT: 0082 ASSESSMENT: $8,152.50 PROPERTY ADDRESS: MULITIPLE ADP,ESSES OWNER INFORMATION: LEVIATHAN LAND GP,OUP INC. 800 NW 62ND STP,EET, #200 FT. LAUDEP,DALE, FL 33309 LEGAL: TOWN OF DELP,AY, LOT 8 (LESS S 48.69 FT OF N 53.45) & LOT 9 (LESS S 48.69 FT OF N 53.45 FT OF W 22.91 FT), BLOCK 84 SECTION: 16 SUBDIVISION: 01 BLOCK: 084 LOT: 0081 ASSESSMENT: $4,347.50 PROPERTY ADDRESS: UNKNOWN OWNER INFORMATION: SANTANO, SUZANE 829 CAMINO P,OAD, #107 BOCA P,ATON, FL 33434 LEGAL: TOWN OF DELRAY, S 48.69 FT OF N 53.45 FT OF LOT 8 & S 48.69 FT OF N 53.45 FT OF 2 29.91 FT OF LOT 9, BLOCK 84 N.E. 1ST AVENUE 140' 40' 2~9' ~ CRAICE FURNITUR~ CO , ~ CRAIGE FURN~ rURE CO - 12-43-48-16-01-076-0150 ~ ~LLIAM R ~URKE Jr ~ CRAIC[ FURNITURE CO 149' ~ (PlNEA~PL~ GROVE WAY) N.E. 2ND AVENUE 12- 43-46-16-01-084-0~02 FLORIDA E~ST COAST y//~/~ ~,, / '///., / ,,., ,,/~ ,~ _//,o/ ~n/'13,~"- //... _~;}~ /~;3 ; //,-/.~ /.:~.r~,./ ,~ -.~.~_..,~..~ ///.~/<_/~ ~'/ ~ / / / ~',/ ,. /-~ . ~. '/',-. , ,~ .~ /, ;~ ~ ~ - ~ ~ // . / / ~ ~ , /'/ / ~-- ./ ~ / '"~ 4T~/ / / ' / / .' / RHA Aq_SOCIATE$ INC ~ ~ ROBERT KANEMAN 1:2-43- 46-16-01-08¢-0101 ~ BAR PROPERTIES INC 12- 43-46-16-01-084-0102 [lTV DF DELRR¥ BERgH CiTY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line 561/243-7091 1993 DATE: TO: FROM: December 20, 2000 City Commission Brian Shutt, Assistant City Attorney SUBJECT: FDOT Utility Permit/Hold Harmless Agt. with Developer Waterway Village is a proposed mixed use development including apartments and a Walgreens Pharmacy located on the Southwest corner of the intersection of US-1 and Lindell Boulevard. Waterway Village has been required to construct a four inch sanitary force main within the State right-of-way. The Florida Department of Transportation (FDOT) requires the City to act as the utility permit applicant. The attached hold harmless agreement will hold the City harmless for work performed by the developer in the State right-of-way. I have also attached a copy of the standard FDOT utility permit for work within the State right-of-way. Recommend approval of the Hold Harmless Agreement with Olen Communities Inc. and the FDOT Utility Permit. By copy of this memo to David Harden, our office requests that this item be placed on the January 2, 2001 City Commission agenda. Please call if you have any questions. Attachments CC: David Harden, City Manager Alison Harty, City Clerk Barron Caronite, Asst. City Engineer O~ILC¥ ST TXA/P 91 Pi'xIQ z[& qFC' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY PERMIT FORM 710-010-85 UTILITIES OGC - 01/99 Page 1 (3f 2 PERMIT NO.: SECTION NO.. STATE ROAD 5 COUNTY _Palm Beach FOOT construction ,s proposed or underway. Q Yes x No F,nancial Protect ID Is th~s work related to an approved Ublity Relocation Schedule? Q Yes x No If yes, Document Number PERMITTEE: __City of Delray Beach Utilities ADDRESS: ._434 S. Sw~nton Avenue TELEPHONE NUMBER: (_.561__) .243-7300 __Delray Beach. Flodda 33444 The above PERMITTEE requests permission from the State of Flodda Department of Transportation, hereinafter called the FOOT, to construct, operate and mamta,n the follov,qng: Force main across US. 1 at Tropic Isle Drive FROM: TO: Submitted for the PERMITTEE by: __Richard C. Hasko_Director of Environmental Services Name and Title (Typed or Pnnted Legibly) Signature Date 1. The PERMITTEE declares that pdor to filing this application, the location of all existing utilities that it owns or has an interest ~n, both aenal and underground, are accurately shown on the plans and a letter of not~fication was ma,led on __Nov. 14. 2000 to the following ut]lities known to be involved or potenbally impacted in the area of the proposed installation: . 2. The local Maintenance or Resident Engineer. hereafter referred to as the FOOT Engineer. shall be not]fled forty-e,ght (48) hours pnor to sta~ng work and again ~mmed~ately upon completion of work. The FDO'I"s Eng,neer ~s , located at , Telephone Number . The PERMITTEE's employee respons,ble for Maintenance of Traffic ~s , Telephone Number (Th~s name may be provided at the hme of the 48 hour notice prior to starting work). 3. All work, materials, and equ,pment shall be subject to inspection and approval by the FOOT Engineer. 4. All plans and ,nstallations shall conform to the requirements of the FDOT's Ubhty Accommodation Manual ~n effect as of the date th~s perm,t ~s approved by FOOT, and shall be made a part of this permlL Th,s prov, s,on shall not lim,t the authority of the FOOT under Paragraph 8 of th~s Permit. 5. This PERMITTEE shall commence actual construction in good faith within __ days after issuance of permit, and shall be completed withm~ days after the permitted work has begun. If the begmmng date ~s more than 60 days from the date of permit approval, the PERMI'I-I'EE must rev,ew the permit w~th the FOOT Engineer to make sure no changes have occurred to the Transportat]on Facility that would affect the perm,,ted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior PERMITTEE. 7 It ,s expressly st, pulated that this permit is a license for permissive use only and that the placing of utilit]es upon public property pursuant to th~s permit shall not operate to create or vest any property right in said holder, except as provided in executed subordmabon and Railroad Ublity Agreements. 8. Pursuant to Section 337.403(1). Florida Statues, any ubhty placed upon. under, over. or along any public road or publicly owned ra~l comdor that is found by FOOT to be unreasonably interfenng in any way w~th the convenient, safe, or continuous use, or maintenance, improvement, extension, or expansion, of such public road or publicly owned ra~l corridor shall, upon 30 days written not]ce to the utility or its agent by FOOT, be removed or relocated by such utility at its own expense except as provided in paragraphs (a) and (b), and except for reimbursement nghts set forth in prav,ously executed subordination and Railroad Utihty Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that in the event the relocation of sa,d ublit~es are scheduled to be done simultaneously w,th the FDOT's construction work, the PERMIT'TEE w~ll coordinate with the FDOT before proceeding and shall cooperate w~th the FDOT's contractor to arrange the sequence of work so as not to delay the work of the FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the PERMITTEE's fa,lure to comply w~th the approved schedule, and shall comply w~th all prov,s~ons of the law and the FDOT's current Utility Accommodation Manual. The PERMI'I-I'EE shall not be responsible for delay beyond its control. 10. In the case of non-compliance w~th the FDOT's requirements ~n effect as of the date this permit ~s approved, th~s permit is void and the fac, hty will have to be brought into compliance or removed from the nght of way at no cost to the FOOT, except for reimbursement nghts set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FOOT under Paragraph 8 of th,s Permit. 11. It is understood and agreed that the rights and privileges harem set out are granted only to the extent of the State's r,ght, t,tle and interest in the land to be entered upon and used by the PERMITTEE, and the PERMITTEE w~ll. at all times, and to the extent permitted by law, assume all nsk of and indemnify, defend, and save harmless the State of Florida and the FOOT from and against any and all loss, damage, cost or expense arising ~n any manner on account of the exercise or attempted exercises by sa,d PERMITTEE of the aforesaid rights and pnv, leges. 12. Dudng construcbon, all safety regulations of the FOOT shall be observed and the PERMITTEE must take measures, including placing and the d~splay of safety dev,ces that may be necessary in order to safely conduct the public through the protect area in accordance w~th the Federal Manual on Un,form Traffic Control Devices, as amended for h~ghways, the requirements of the Standard Apphcat]on Package for railways, including flagging serv, ces and Ra,lroad Protective Insurance or acceptable alternabve, when apphcable, and the FDOT's latest Roadway and Traffic Design Standards and Standard Specifications for Road and Bridge Construct]on. as amended. When a~ Ubtity deems ~t necessary to conduct Traffic Control act, wties and methods s,gn,ficantly d~fferent from those addressed ~n the above references, the Ubl~ty must submit an alternative plan s~gned and sealed by a qualified reg,stered Florida professional engineer quahfied to develop Traffic Control Planning ~n accordance w, th the prowsions of the Ubl~ty Accommodat]on Manual, Chapter 8. 13. Should the PERMITTEE be desirous of keeping ~ts utihbes in place and out of service, the PERMITTEE, by execut,on of th~s permit acknowledges ,ts present and conbnu,ng ownership of ,ts ublittes located between and within the FDOT's nghts-of-way as set forth above. Whenever the PERMITTEE removes ~ts fac,l,t,es. ,t shall be at the Perm,tree's sole cost and expense The PERMITTEE. at ~ts sole expense, shall promptly remove said out of serv,ce ut]lit]es whenever the FOOT deterTnmes sa,d removal ,sm the pubhc ~nterest. 14. In the event contaminated soil ~s encountered by the Utihty or anyone w~thin the permitted construction hmlLs, the Ubhty shall ~mmediately cease w~rk and nobly the FOOT The FOOT shall coordinate w~th the appropriate agencies and notify the PERMI'I-~'EE of any suspension or revocabon of the permit unbl contamination assessment and remediabon, as appropriate under Rule Chapters 62-770 and 62-730 Florida Admmlstrabve Code, has progressed to a state that all enwronmental regulatory agencies hawng jurisdiction have approved the site of the contamination for resumption of work. 15. Oudng excavation operations, an on-site representative of the PERMITTEE may be required to perform the following actiwties w~th respect to their own facllibes physically expose or direct exposure of underground facihties, provide any necessary support to facilities and/or cover aedal facilities as deemed necessary to a~d construcbon. 16. Pursuant to Section 337.401(2), Flonda Statutes, the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The Department may initiate ~njunctive proceedings as provided in s. 120.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto. 17. Pursuant to Section 337.402, Flonda Statutes, when any public road or publicly owned rail corddor ~s damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor, the owner of the utility shall, at h~s or her own expense, restore the road or publicly owned rail comdor to its original condition before such damage. If the owner fails to make such restoration, the authonty ~s authorized to do so and charge the cost thereof against the owner under the prowsions of s.337.404. 18. Special FOOT instructions: It is understood and agreed that commencement by the PERMITTEE ~s acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special instru~ons. t9 By the below s~gnature, the Permittee hereby represents that no change to the FDOT's standard Utihty Permit form, as incorporated by reference into Rule 14-46.001, for this Utility Permit has been made which has not been previously called to the attention of the FOOT (and signified to by checking the appropnate box below) by a separate attached wdtten do~ment showin~_.all changes and the wntten and dated approval of the FDOT Engineer. Are there attachments reflecting change/s to the~tand~li'd fc)rm? X NO/' ] [] YES If Yes, ~_ pages are attached. /~ ~/[/J'(' ~/ ,. /'' ~_//[ . J//. [/ Name & Title of Authonzed Permittee or Agent (Typed or Pnnted Legibly) APPROVED BY: ISSUE DATE: District Maintenance Engineer or Designee UTILITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: REMARKS (Brief summary of approved plans changes): (Permittee or Agent) CHANGE APPROVED BY: Oistnct Maintenance Engineer or Designee DATE: I the undersigned PERMITTEE do hereby CERTIFY that the utility construction approved by the above numbered permit was inspected and installed in accordance with the approved plans made a part of this permit and in accordance with the FDOT's current Utility Accommodation Manual. All plan changes have been approved by the FDOT's Engineer and are attached to this permit. I also certify that the work area has been left in as good or better cond~bon than when the work was begun. PERMITTEE: SIGNATURE: DATE: Name & Title of Authonzed Permittee or Agent ('Typed or Printed Legibly) CC: Distnct Permit Office Permittee HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this c~t~ day of /~/O(/d,~,r~e~--~ , 2000 by and (hereinafter referred to as "CITY") and referred to as "DEVELOPER" ). between the CITY OF DELRAY BEACH, WITNESSETH: FLORIDA, , (hereinafter WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of-way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in con~;ideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the development known as Waterway Village. 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, te.chniques, sequences and procedures of the construction and installation of the utility improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. parties, as it pertains to the construction or installation of the representations or understandings of any kind not set forth herein. Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit "A". Clerk. This Agreement constitutes the entire agreement and understanding of the utility. There are no Any amendments to this 9. This agreement shall not be valid unless signed by the City's Mayor and City IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor City Attorney WITNESSES (Prin/~,~ p~~~.e · (Print or Type' Name)" DEVEL~fR; By: - ~ ' ~Print c[/r' Type Name) ' Address: Phone: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~t~ day of /],~c,'e~.~ ,d~e-'" , 200_0 by ' ./~ /Z/~.~ ~-,,,.d (name of officer or agent, title of officer or agent) of ,,~e'~,~ rT'd,,'m~ .,~a,///~,'~;'"~ ~ C. (name of corporation acknowledging), a .,,~-~,/e:/'E),,q (state or place of incorporation) corporation, on behalf of the corpo}'at/ion. H__e/She is personally known to me or has produced . (type of identification) as identification and did (did not) take an oath. CRISTINA OEFRANCESCHI NOTARY PUBLIC - STATE OF F[,OR~OA COMMISSION # CC9~r/67 EXPIRES ~ 8ONOEO THRU ASA 1-888.NOT/I~lY1 Signature of Notary Public- State of Florida [lTV DF DELRR¥ BER[H CiTY ATTORNEY'S OFFICE DELRAY BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 AII.Amedca City 1993 DATE: TO: FROM: December 19, 2000 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement Deeds from the Enclaves The following easement deeds grant to the City the means to maintain the water and sewer mains, constructed by the Developer, in the Enclaves, an apartment complex that lies outside the City limits, but, within the City's water/sewer service area. The exact location of the Enclaves is shown on the attached map. The City is providing water and sewer service to the Enclaves. By copy of this memo to David Harden, our office requests that this item be placed on the January 2, 2001 City Commission agenda for acceptance. Please call if you have any questions. Attachment CC: David Harden, City Manager Alison Harty, City Clerk Barron Caronite, Asst. City Engineer DELRAY £X£CU~VE SOU^R£ DF_J_RAY INDOOR FLEA klKT. ATLANTIC AVE. Y 14 rY 9 13 ;~ 10 12 11 SITE LAT L-.4 ? Prepared by' RETURN: David N. Tolces, Esq. City Attorney's Office 200 N.W. l' Avenue Delray Beach, Florida 3444 EASEMENTDEED THIS INDENTURE, made this 23 day of October ,2000, by and between Home Development Co _rporation of South Florida , with a mailing address of 10l Westlake Drive. Boynton Beach. Florida 33464 party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1a Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum ofTen ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: EXHIBIT"A" SANITARY SEWER EASEMENT, PAGES I THROUGH 8 EXHIBIT "B" POTABLE WATER EASEMENT, PAGES 1 THROUGH $ Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to the affect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect ant other kind of construction or improvements upon the above4escribed property. It is understood that upon completion of said installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of thc first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF. the parties to this Easement Deed set their hi~nds and seals The day and year first at, ore ~wmen WITNESS #1: (nanm prilhted or type[[)' ' WITNESS #2: (name printed or typed) STATE OF FL~U~DA COUNTY OF t'~.(~ ~, ~ e ~ PARTY OF THE FIRST PART Print Nan:= ~ Odt~,t~'"' The foregoing instnunent was acknowledged before me this ~r'~O day of ,2000by 5: Jualoo, l ,rnameoromceror agent, title of officer or agent)of ~e.~)~V¢[~C G~ .¢~e of corporation acknowledging), a ~-I O~ I C},_O,- t (state or place of incorporation) corporation, on behalf of the corporation.~_~he ~.~'~nally known to me~o~ produced · (type of identification) as identification and di~ take an oath. Y · n exp 0J/05/2001 ) !~ ~.~n~s~,~ ~.~nc. }~ Signature ofNota~ Public-stat~/~f~e-lotida BRUCE CAR TER & ASSOCL4 TES, INC LAND SURVEYORS LAND PLANNERS 405 S.E. 6TH AVENUE ( SOUTH FEDERAL HIGHWAY DELRAY BEACH, FLORIDA, 33483 (56~) 265-~9~0 ENCLAVEP.U.D $~(ErcH t~ LE6,~L DE$C,~IPTtON UTILITY EASEMENT-'S/~NXT~,RY rHt$ /s Nor LEGAL DESCRIPTION: UTILITY EASEMENT (SANITARY) EASEMENT ONE A PORTION OF ENCLAVE P U.D , ACCORDING TO PLAT THEREOF AS RECO~ED IN PLAT BOOK NO.85, PAGES 28 THROUGH 3 I, OF THE PUBLIC ~CO~S OF PALM BEACH CO~TY ,FLO~DA, COMMENC~G AT THE MOST NORTHE~Y NORTHEAST CO~ER OF SAID ENCLAVE P.U.D. PLAT. BErG AT THE INTERSECTION OF THE SOUTH ~GHT-OF-WAY LINE OF ATLANTIC AVENUE PER DEED ~ OFFICIAL RECO~ BOOK 10]4 PAGES ]02 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH CO~TY ,FLORIDA, AND THE WEST LINE OF B~EZEY ACRES SUBDIVISION AS ~CO~ED IN PLAT BOOK 20, PAGE 79 OF THE PUBLIC RECORDS OF PALM BEACH CO~TY ,FLORIDA. THENCE SOUTH 89o13'48"WEST, ALONG THE SAID SOUTH ~GHT-OF-WAY L~E OF ATLANTIC AVENUE, A DISTANCE OF ] 8.99 FEET; T~NCE SOUTH 0~35'36" EAST, A DISTANCE OF 284.03 FEET; THENCE SOUTH ]7~5]'04" WEST A DISTANCE OF 67.02 FEET; THENCE SOUTH 53~ 05'22" WEST, A DISTANCE OF 3.25 FEET TO ~FE~NCE PO~T "A" AND THE POINT OF BEGI~ING OF THIS DESCRIPTION: THENCE SOUTH 37°57'18" EAST, A DISTANCE OF 6.64' FEET; THENCE SOUTH 48~10'01" WEST, A DISTANCE OF 18.99 FEET, TO REFERENCE POINT"B'; THENCE SOUTH 48~10'0l" WEST, A DISTANCE OF ] 1.01 FEET; THENCE NORTH 34~47'30'' WEST, A DISTANCE OF ]7.30 FEET; THENCE NORTH 48~31'18" EAST, A DISTANCE OF 29.03 FEET; THENCE SOUTH 37~57'18" EAST, A DISTANCE OF ]0.38 FEET, TO THE PO1NT OF BEGGING. SEE PAGE THREE OF EIGHT FOR EASEMENT TWO LEGAL DESCRIPTION. ~V~O~ HO. October 17~ 2000 ~llS SKETCH IS ~ PROPERTY OF BRUCF CARTER · ASS~IATES, INC A~ SHA~ NOT BE REPRODUCE~ ~ ~IOLE OR PART ~tO~ PER~SSION OF NO~' ~ unde~ed and BRUCE CARTER & ASS~IATES,INC make no r~res~tal~on or guar~lees ~ to th~ info~ation reflected h~r~n ~ts of way, setback hnes, res~al,ons a~eements and other s~mil~ maue~ ~d luther, ~,s in~m~nl is nol minded to refl~et or s~t fo~h all such ma~e~ Such inflation Should ~ obtained ~d con~cd by others Ihrough ~ appropriate t~tle search NOTE. L~ds sho~ hereon were not abs~actcd for r~-of-way ~or c~cmen~ of re,rd PAGE ONE OF EIGHT Updates ~or Revisions Date By Checked BRUCE CARTER 8 A$SOClATE$ , INC. L lIND SURVEYORS L A ND PLANNERS 405 S E. 6fh /tVENUE (SOUTH FEDER~IL HIGHW,~Y) DELR/tY BE,~CH, FLOFTID~t 334~_.W (561 ) 265-1910 ENCLAVE P.U.D SOU~/~T-l~-~'/~ Y/~/7J~/7C ,~ ~V~[r UTILITY EASEMENT - 'SANITARY sketch ~ f~property of BRaE C~RTER B ~SSOCt~TES, I~ ond sholl ~t ~ re~ced in~ or ~f ~f ~mission of~ ~e h writing U~TES and/or REVISIONS ~TE BY C~D NOTE' The u~dersi~ned nndB~CE C~ER B~SSOCrATES, INC. moke no re~Ofion Or guoronfeeS OS to ~e In~rmofion ~ef~fed -. hereon ~r~n~ ~ eoseme~s,riqhts of. ~y~ sef ~k lines~re~v~t~, o~re~emf s and o~er slmffor m~rs~ o~ fudher, nor ~ended to re~ecf or sef f~t~olt such moff~s should be ~rned and c~ir~d by ofhers fh~ugh o~ofe rifle ~orch ....................... NOTE [ ands sho~ l~creon wPre not abstracted for r~ghfs.o~.woy and/or eosemenfs ~ recorE BRUCE CARTER & ASSOCIA TE8, INC LAND SURVEYORS LAND PLANNERS 405 S.E. 6TIt AVENUE ( SOUTH FEDERAL ItlGHWAY DELRAY BEACH, FLORIDA, 33483 (561) 265-1910 ENCLAVE P.U.D UTILITY EASEMENT- SANITARY LEGAL DESCRIPTION: UTILITY EASEMENT (SANITARY) EASEMENT TWO A PORTION OF ENCLAVE P..U.D , ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK NO. 85, PAGES 28 THROUGH 3 l, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY ,FLORIDA, AN EASEMENT 12.00 FEEl 1N WIDTH LYING 6 00 FEET ON EACH SIDE OF TItE FOLLOWING DESCRIBED CENTERLINE. THE SIDES OF SAID EASEMENT StIALL BE LENGTIIENED OR SHORTED AS NECESSARY IN ORDER TO MAINTAIN A CONTINUOUS STRIP OF LAND 12.00FEET IN WIDTIt AND TO INTERSECT AT ANGLE POINTS. COMMENCING AT THE MOST NORTIIERLY NORTHEAST CORNER OF SAID ENCLAVE P.U.D. PLAT. BEING AT THE !INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF ATLANTIC AVENUE PER DEED IN OFFICIAL RECORD BOOK 1014 PAGES 102 THROUGH 109 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY ,FLORIDA, AND THE WEST LINE !OF BREEZEY ACRES SUBDIVISION AS RECORDED IN PLAT BOOK 20, PAGE 79 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY ,FLORIDA. THENCE SOUTH 89°!3'48'' WEST, ALONG THE SAID SOUTH RIGHT-OF-WAY LINE OF ATLANTIC AVENUE, A DISTANCE OF 18.99 FEET,TO THE POINT OF BEGINNING, THENCE SOUTH 0°35'36'' EAST, A DISTANCE OF 284.03 FEET; TIIENCE SOUTtt 17°51'04'' WEST A DISTANCE OF 67.02 FEET; THENCE SOUTH 53°05'22" WEST, A DISTANCE OF 3.25 FEET, TO REFERENCE POINT "A" AND TIlE POINT OF TERMINUS. TOGETHER WITH: " BEGINNING AT REFERENCE POINT "B'; TltENCE SOUTtt 36o15'44" EAST, A DISTANCE OF 43.95 FEET. TO REFERENCE POINT .... C, THENCE NORTH 89°32'54"EAST, A DISTANCE OF 204.89 FEET, TO REFERENCE POINT "D"; THENCE SOUTH 00°33'I4"EAST A DISTANCE OF 563.86 FEET; THENCE SOUTH 89o24'27'' WEST, A DISTANCE OF 92.29 FEET. TO THE POINT OF TERMINUS TOGETHER WITH: BEGINNING AT REFERENCE POINT "D"; THENCE NORTH 00035'34" WEST, A DISTANCE OF 123.75 FEET. TO A POINT ON: THE EASTERN MOST NORTH LINE OF SAID ENCLAVE P.U.D PLAT AND THE POINT OF TERMINUS TOGETHER WITH: 'BEGINNING AT REFERENCE POINT "C"; TltENCE SOUTH 47°02'24'' WEST, A DISTANCE OF 63.37 FEET, TO REFERElqCE POINT "E"; THENCE NORTH 43°45'09' WEST, A DISTANCE OF 125.02 FEET; TIIENCE NORTH 10°31'44'' WEST, A DISTANCE OF 134.60 FEE~'; TIIENCE NORTI1 64036'53" WEST, A DISTANCE OF 135.20 FEET. TO THE POINT OF TERMINUS. SEE PAGE FOUR OF EIGHT FOR CONTINUATION OF EASEMENT TWO LEGAL DESCRIPTION TI:IlS SKETCII IS TIlE PROPERTY OF BRItCF CARIER & AqSOCIATr~ INC AND qlIALL btOT BE REPRODUCED IN W~IOLE OR PART WITIIOUT PERMt~J~ION Or TtiE ABOVE IN WRITING NOTE' The undersigned and BRUCE CARTER & ASSOCIA I ES,INC make no represenlahon or guaranteeq as lo Ibc iufnn~ation reflected hereon pertaining to easements, righL~; of way, setback hnes. reservations agteemcntq nnd olhcr similar mailers and furlher, Ihlq instrument iq not intended to reflect or ~el forth alt such matlerq Such information Should be obtained and confirmed by olberq Ihrough an approp~mte title qcarch N~OTE Lands shown hereon were not abstracted for rights-of-way and/or easements of record PAGE T! LREE OF EIGll 1 Updates and/or Revis~on~ Date By CheCked BRUCE CAR TER & ASSOCIATES, INC LAND SURVEYORS LAND PLANNERS 405 S.E. 6TH AVENUE ( SOUTH FEDERAL HIGHWAY DELRAY BEACH, FLORIDA, 33483 (S61) 265-1910 ENCLAVE P.U.D UTILITY EASEMENT - ,q ~%N I TARY LEGAL DESCRIPTION: UTIL1TY EASEMENT (SANITARY) EASEMENT TWO TOGETHER WITH: BEGINNING AT REFERENCE POINT "E"; THENCE SOUTH 41°23'15'' EAST, A DISTANCE OF 112.66 FEET; THENCE SOUTH ~03°53'28" EAST, A DISTANCE OF 109.50 FEET TO REFERENCE POINT "F"; THENCE SOUTH 01 °44'23" WEST, A DISTANCE OF 67.36 FEET; THENCE SOUTH 32009'28'' WEST, A DISTANCE OF 71.34 FEET; THENCE SOUTH 07049'38'' WEST, A DISTANCE OF 223.19 FEET; THENCE SOUTH 13°39'10' EAST, A DISTANCE OF 216.29 FEET,TO REFERENCE POINT "G'" THENCE SOUTH 00035'28.' EAST. A DISTANCE OF 124.47 FEET THENCE SOUTH 89013'00'' WEST, A DISTANCE OF 169.12 FEET,TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "G"; THENCE NORTH 89"24'30" EAST, A DISTANCE OF 21.50 FEET, TO A POINT ON THE SOUTHERN MOST EAST LINE OF SAID ENCLAVE P.U.D PLAT AND THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "F"; THENCE SOUTH 88026'39'' WEST, A D1STANCE OF 320.41 FEET, THENCE SOUTH 70029'00'. WEST, A DISTANCE OF 187.61 FEET"; THENCE SOUTH 88043'34'. WEST, A DISTANCE OF 85.83 FEET, TO REFERENCE POINT "H"; THENCE SOUTH 00017'25'' EAST, A DISTANCE OF 94.78 FEET; THENCE SOUTH 13000'09'' EAST, A DISTANCE OF 208.35 FEET: THENCE SOUTH 11°52'02" WEST, A DISTANCE OF 214.45 FEET; THENCE SOUTH 00°22'54" WEST, A DlSTANCE OF 1 I0.23 FEET; THENCE NORTH 89°12'59' EAST, A DISTANCE OF 143.66 FEET, TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "H"; THENCE NORTH 00017'25'' WEST, A DISTANCE OF 571.85 FEET, THENCE SOUTH 88°29'33'' EAST, A DISTANCE OF 122.20 FEET TO THE POINT OF TERMINUS. SEE PAGE FIVE OF EIGHT FOR CONTINUATION OF EASEMENT TWO LEGAL DESCRIPTION Tills SKETCH IS THE PROPERTY OF BRUCE CARTER & ASSOCIATES, INC AND SHALL NOT ]BE REPRODUCED IN WItOLE OR PART WITHOUT PERMISSION OF THE ABOVE IN WRITING NOTE The undersigned and BRUCE CARTER & ASSOCIATES,INC make no representatmn or guaranlees as to the information reflected hereon pertaining Io easements, rights of way, setback hnes, reservatmns agreemcnls and other similar matters and further, this instrument is nol intended to reflect or Scl forth all such matters Such reformation Should be obtained and confirmed b)' others through an appropriate t/tlc ~earch NOTE Lands shown hereon were not abstracted for rights-of-way and/or easements of record . PAGE FOUR OF EIGHT Updates and/or Revisions Date By Checked BRUCE CARTER A$$OClATE$ , INC. LAND SURVEYORS LAND PLANNERS 405 S E, 6th AVENUE (SOUTH FEDERAL DELRAY BEACH, FLORIDA HIGHWAY) (56! ) 265-1910 N. 89?J'48"£ 598. ENCLAVE P.U.D UTILITY EASEMENT - S AN I TAR Y N. 89~4'27"E..~.t~T318.95, Tht~ sketch i~ fhe prol)erty of BRUCE C,aRTER El ,aSSOCIATES, INC ond shotl ,of be reproduced inwh¢~ or lx3'f va~ouf p~rmi$$ion of fhe.l~xwe h writing UPDATES ond/or REVIS tONS CHECKED BY NOT E' The undersigned ond BI'CE C,aRTER EI,aSSOCI,a TE S, INC moke no representOtiOn or guoronfee$ Os fo the Informofion reflected hereon perto~ning fo eo~ements ,rights.of. woy, set bock tines~reservotions o greemenf$ Ond O~er $tmilor motters~ ond further, th~ ~nsfrumenf ts not intended to reflect or set forth.oil such motters Such '~formott~ should be oOtolned ond co~firmed by others through Ol~r~Diote lille seorch NOTE' L ond$ show~ hereon were not ob~frocfed for righfs.of, wo¥ ond/or eosemenfs of recortf. ' I F B. PG. IFILE NO. JOB NO IDRAWN BY BRUCE CARTER 8 ASSOCIATE$ , INC. LAND SURVEYORS LAND PLANNERS 405 S E. 6th ,aVENUE (SOUTH FEDER,aL HIGHW/IY) DELRAY B'EACH, F'IOJ?IDA 3..~4~.~ (561 ) 265-1910 604.50' ENCLAVE P.U.D S.8973'~'~ UTILITY EASEMENT - 'S ~N [ T~R Y P~G~ 6 of 8 This ske ich ~ f~ p~operty of B~CE CARTER ~ ~SSOC~ A TES, INC ond shofl ~f ~ re~ced in~ or ~t ~f ~mission of ~ ~e h wHfln~ U~TES ond/or REVIStONS ~TE BY C~D NOTE' The undersigned nnd B~CE C~RTER ~SSOCI~TES, tNC moke no re~ofion or guoronfees os fo ~e Informotion refuted hereon ~r~n~ ~ eoseme~s ,righfs-of. ~y~ set ~c~ o qre~ent S ond o~er simitor m~rs~ o~ fudher~ no( ~tended to re~ect or set f~f~oll such moft~s S~h ~motl~ should be ~lned ond cra(ired by ofhers fhmuqh o~ofe f/tie ~orch ......... NOTE L onds sho~m hereo~ wPre not obstrocted for Hqhts-~-woy Ond/or eosemenfs ~ recor~ JO~ NO. IDR~ ~Y [CltECKED ~Y ' [ F~. PG. IFILE NO BRUCE CARTER A $SOClATE$ , INC. L 4ND SURVEYOITS L A ND PL4NNERS 405 S E. 6th ,aVENUE (SOUTH FEDER,aL HIGHW,aY) DELR,aY B'E`aCH, FLORIDA 3340~ (56! ) 265-1910 .ENCLAVE P.U.D , 604,50' UTILITY EASEMENT - 'S AN I T~R~ P%GE 7 of 8 s~e fch b t~ pro~erfy of B~E C~RTER 8 ASSOCI~TES, tNC O~shOfl~f ~ re~ced ;n~ or ~t ~t ~;ss~. of~ U~ATES ond/or REViSiONS ~TE MY C~D NOTE' The u.ders;gned ond B~CE C~ER 84SSOCf~TES, INC mo~e no re~e~ofion or guoronfees os fo ~e In~rmofio. ref~fed hereon ~r~.g ~ eo~me~s ,righ~s.of. ~y, set ~ck , ogre~enfs omd o~er simiJor m~rs, o~ fud~r,~5~ instru~nf not Intended ~ reflecf or set f~t~oll such moff~s.S~h ~mo~l~ should be ~lned ond cmfir~d by ofher~ though o~m~ofe flfle Morch NOTE' L onds sho~ hereon ~re nor Obsfrocled for r~ghfs-of-wOy ond/or eosemenfs ~ recorE. BRUCE CARTER A $SOClATE$ LAI~ID SURVEYORS LAND PLANNERS , INC. 40 5 S.E, 6th AVENUE (SOUTH FEDERAL HIGHWAY) DELRIsY BEACH, FLORIDA 35493 (561 ) 265-1910 ENCLAVE p.U.D UTILITY EASEMENT - 'S AN [ TAR ¥ 598. 46' This sketch ~s fheprol~erty of BRUCE CARTER 8 ASSOCIATES, INC ondshotl ~f be reproduced Inv, hole or ~x~f without l~rmission offl~, obove in writing ~ NO. ]DRAWN 6Y CHECKED BY NOTE' The undersigned o.d BRUCE CARTER E~ASSOCIATES, tNC rook · no re~esentofion or guoronf ees os fo ~e tnformofion reflected hereon perfo/n/ng to eosements ~rights-of. woy~ set bock ttnes~reservotlor~ o~reemenfs ond olher Similor mOfters~ ond furfher, thk$ insfrumen~ is ~ot intended to reigecf or set forth*off such motter$ Such ~formoflcy~ should be oOfolned ond co~firmed by others throuqh olaproD/ofe title seorch NO TE' L onds sho~vn hereon were not obsfrocted for rights.of, wo¥ ond/or eosemenfs of recort]. PG. IFILE NO. BRUCE CAR TER & ASSOCIATES, INC LAND SURVEYORS LAND PLANNERS 405 S.E. 6TH AVENUE ( SOUTH FEDERAL HIGHWAY DELRAY BEACH, FLORIDA, 33483 (561) 265-1910 ENCLAVE P.U.D StrEYCt~ 8 LEGAL DFSCt~tPTtON UTILITY EASEMENT- WATER T~tt$ tS NOt' ,~ SUt~VEr LEGAL DESCRIPTION: UTILITY EASEMENT (WATER) !A PORTION OF ENCLAVE P.U.D , ACCORDING TO PLAT THEREOF AS RECORDED 1 , .N PLAT BOOK NO.85, PAGES 28 , THROUGH 3 I, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY ,FLORIDA, AN EASEMENT 12.00 FEET IN WIDTH LYING 6.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. THE SIDES OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTED AS NECESSARY IN ORDER TO MAINTAIN A CONTINUOUS STRIP OF LAND 12.00FEET IN WIDTH AND TO INTERSECT AT ANGLE POINTS. COMMENCING AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID ENCLAVE P.U.D. PLAT. BEING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF MARKLAND LANE AS RECORDED ON THE PLAT OF BREEZEY ACRES SUBDIVISION, PLAT BOOK 20, PAGE 79 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY ,FLORIDA, AND THE NORTH LINE OF LOT 14 OF SAID BREEZEY ACRES SUBDIVISION; THENCE NORTH 00032'28'' WEST, ALONG THE SAID WEST RIgHT-OF-WAY LINE OF SAID MARKLAND LANE. A DISTANCE OF 242.78 FEET; TO THE POINT OF BEGINNING; THENCE SOUTH 89°14'05" WEST, A DISTANCE OF 1 I6.98 FEET; TO REFERENCE POINT "A"; THENCE SOUTH 00032'35'' EAST A DISTANCE OF 15.08 FEET, TO REFERENCE POINT "B": THENCE SOUTH 00°32'35'' EAST A DISTANCE OF 114.35 FEET; THENCE SOUTH 89°25'I 1" WEST, A DISTANCE OF 213.01 FEET TO REFERENCE POINT C , THENCE SOUTH 89°25'11'' WEST, A DISTANCE OF 32.36 FEET: THENCE NORTH 80°41'44" W1EST, A DISTANCE OF 12.70 FEET; TO REFERENCE POINT "D"; THENCE SOUTH 09°18'i6" WEST, A DISTANCE OF 133.03 FEET; THENCE SOUTH 14°10'14" EAST~ A DISTANCE OF 197.89 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 90 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANCLE OF 13°34'38"; A DISTANCE OF 21.33 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 00035'39'' EAST, A DISTANCE OF 1.55 FEET; TO REFERENCE POINT "E"; THENCE SOUTH 00035'42" EAST, A D1STANCE OF 79.40 FEET; THENCE SOUTH 44012'54'' WEST, A DISTANCE OF 33.49 FEET; THENCE SOUTH 89013'04'' WEST, A DISTANCE OF 224.14 FEET, TO REFERENCE POINT ....F,' THENCE SOUTH 89°13'04'' WEST. A DISTANCE OF 255.19 FEET, THENCE NORTH 4.5 .... 13 12 WEST. A DISTANCE OF 13 45 FEET, TO REFERENCE POINT "G"; THENCE NORTH 45°!3'12" WEST, A DISTANCE OF 19.87 FEET; THENCE NORTH 00°16'47" WEST. A DISTANCE OF 33 95 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST. HAVING A RADIUS OF 300.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANCLE OF 12°58'15'', A DISTANCE OF 67.92 FEET, TO A POINT OF TANGENCY; THENCE NORTH 12042'35" EAST, A DISTANCE OF 157.10 FEET; TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 110.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANCLE OF 13°15'35. A DISTANCE OF 25.46 FEET, TO REFERENCE POINT "H": THENCE CONTINUE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13°07'51" A DIS~ hNCE OF 25.21 FEET TO A POINT OF TANGENCY; 'THENCE NORTH 13041'53'' WEST, A DISTANCE OF 185.11 FEET; THENCE NORTH 00014'20'' WEST, A DISTANCE OF 76.31 , FEET, TO REFERENCE POINT 'T': THENCE NORTH 00°! 7'20'' WEST, A DISTANCE OF 111.00 FEET, TO REFERENCE POINT ' "J"; THENCE NORTH 00°17'20" WEST, A DISTANCE OF 372.82 FEET, TO REFERENCE POINT "K": THENCE NORTIt 00°! 7'20" WEST, A DISTANCE OF 90.23 FEET, THENCE SOUTH 87°33'02'' EAST, A DISTANCE OF 207.46 FEET; THENCE SOUTH 68035'54" EAST, A DISTANCE OF 11.80 FEET, TO REFERENCE POINT "L"; - SEE PAGE TWO OF EIGHT FOR CONTINUATION. RB"018T~R~ SLtI~V~tOlt }tO..29~3 October 17, 2000 ST~T~ Olv FLOItID8 Tills SKE1 CI I IS THE PROPERT5 OF BRI1CE CARTER/*. ARROCIATE$ IN(. AND SI IALI NO1 BI' REPRODI ~CFD IN WHOLE OR PART WITItOLrI' PERMIqSION OF TIlE ABOVE IN WRI1 NOIE l'he undersigned and BRUCE CAR'I ER & ^SSOCIATES,INC make no represental~on o, guarantees aq Io thc ml'ommtton reflected hereon perlmnmg to easements. rights of'way, setback hnes. reservatmns agreements and other s~mfiar maners and further, th~q mstrumen! ~s not intended to rcflec! or qet forth ali such mailers Such mformahon Should be obtained and confirmed by others through an approprmlc l~tle ~earch NOTE Lands shown hereon were not absuacted for rights-of-way and/or casements &record PAGE ONE OF EIGItI Updates and/or Rev,s~ons Date B.~ Checked ~ BRUCE CAR TER & ASSOCIATES, INC LAND SURVEYORS LAND PLANNERS 405 S.E. 6TH AVENUE ( SOUTH FEDERAL HIGHWAY DELRAY BEACH, FLORIDA, 33483 (561)265-1910 ENCLAVE P.U.D I UTILITY EASEMENT - WATER LEGAL DESCRIPTION: UTILITY EASEMENT (WATER) 'THENCE SOUTH 68035'54'' EAST, A DISTANCE OF 92.97 FEET; TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CEN'I;RAL ANCLE OF 57°23'35, A DISTANCE OF 100 17 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 11012'28'' EAST, A DISTANCE OF 66.00 FEET; TO REFERENCE POINT "M'; THENCE SOUTH 11°12'28'' EAST, A DISTANCE OF 24.18 FEET; THENCE SOUTH 44035'35'' EAST, A DISTANCE OF 114.00 FEET; TO REFERENCE POINT "N";. THENCE NORTH 45024'25'' EAST, A DISTANCE OF 48.00 FEET; TO REFERENCE POINT "0'; THENCE; NORTH 45024'26'' EAST, A DISTANCE OF 25.36 FEET; THENCE NORTH 69°09'34'' EAST, A DISTANCE OF 19.73 FEET; THENCE NORTH 89024'28" EAST, A DISTANCE OF 220.26 FEET; THENCE SOUTH 00032'27'' EAST, A DISTANCE OF 128.54 FEET, TO REFERENCE POINT "P"; THENCE NORTH 89013'59'' EAST, A DISTANCE OF 48.00 FEET, TO A POINT ON THE WEST RIGHT-: OF-WAY LINE OF MARKLAND LANE AND THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "P"; THENCE SOUTH 00037'30" EAST, A DISTANCE OF 19.55 FEET. TO REFERENCE POINT "Q'; THENCE SOUTH 00°32'35" EAST, A DISTANCE OF 201.16 FEET. TO REFERENCE POINT "A', AND THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "B"; THENCE NORTH 89027'25" EAST. A DISTANCE OF 10.00 FEET. TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "C"; THENCE SOUTH 00°35'33" EAST, A DISTANCE OF 10 00 FEET. TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "D"; THENCE NORTH 09© 18' 16" EAST, A DISTANCE OF 87.41 FEET; THENCE NORTH 31°35'06'' EAST, A DISTANCE OF 72.23 FEET; THENCE NORTtt 00°35'35" WEST, A DISTANCE OF 27.89 FEET; TO ;REFERENCE POINT "R'; THENCE NORTH 00°35'35" WEST, A DISTANCE OF 26.08 FEET,. TO REFERENCE POINT "S"; THENCE NORTH 00°35'35'' WEST, A DISTANCE OF 121.61 FEET; THENCE NORTH 44035'35'' WEST, A D1STANCE OF 124.86 FEET, TO REFERENCE POINT "N', AND THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "R"; THENCE SOUTH 89°31'00" WEST, A DISTANCE OF 11.00 FEET. TO THE POINT OF TERMINUS. SEE PAGE THREE OF EIGHT FOR CONTINUATION. THIS SKETCH lq TIlE PROPER3' ~ OF BRUCE CARTER & ASSOCIATES, INC AND .qHALL NOT BE REPROD1 ICED IN WIlOLE OR PART WITHOUT PERlvIISSION or THE ABOVE IN WRITING NOTE The undersigned and BRUCE CAR1 ER & ASSOCIATES.tNC make no representation or gtmranlee~ au to thc reformation reflected hereon pertmmng Io easements, rights of way, setback hnes. reservations agreements and other s~milar matterq and further, thts Inqtromen! Is no! intended to reflect or set forth all such roamers Such mformatmn Should be obtained and confirmed by others through an approprmlc t~tlc search NOTE Lands shown hereon were not abstracted for rights-of-way and/or easements of record PAGE TWO OF EIGllI Updates and/or Revtsmns Date By Checked BRUCE CAR TER & ASSOCIATES, INC LAND SURVEYORS LAND PLANNERS 405 S.E. 6TH AVENUE ( SOUTH FEDERAL HIGHWAY DELRAY BEACH, FLORIDA, 33483 (561) 265-1910 ENCLAVE P.U.D UTILITY EASEMENT - WATER - LEGAL DESCRIPTION: UTILITY EASEMENT (WATER) TOGETHER WITH: BEGINNING AT REFERENCE' POINT "E'; THENCE SOUTH 89o24'20'' WEST, A DISTANCE OF 10.00 FEET. TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "F"; THENCE NORTH 00046'56'' WEST, A DISTANCE OF 10.00 FEET. TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "G"; THENCE NORTH 40°01'07" EAST, A DISTANCE OF 10.14 FEET. TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "H"; THENCE NORTH 89°27'00'' EAST, A DISTANCE OF 10.01 FEET. TO THE POINT Ol~ TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "S"; THENCE SOUTH 89°42'36'' WEST, A DISTANCE OF 265.44 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 90.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANCLE OF 12°11'16, A DISTANCE OF 19.14 FEET, TO REFERENCE POINT" T"; THENCE CONTINUE WESTERLY ALONG THE ARC OF SA1D CURVE THROUGH A CENTRAL ANGLE OF 07°35'50" A DISTANCE OF ll.93 FEET TO A POINT OF TANGENCY; THENCE SOUTH 69°55'28'` WEST, A DISTANCE OF i 72 89 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1 I0.00 FEET: THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANCLE OF 19°47'08'', A DISTANCE OF 37 99 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 89°42'41'' WEST, A DISTANCE OF 54.55 FEET, TO REFERENCE POINT "l', AND THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "J"; THENCE NORTH 89°42'40'' EAST, A DISTANCE OF 10.00 FEET. TO THE POINT OF TERMINUS. TOGETHER WITH: SEE PAGE FOUR OF EIGHT FOR CONTINUATION. THIS SKETCH Inl TIIE'F'ROPER'I ~ OI BRI. JCF CARTER & A~SOCIA I E~]. INC AND ~;I ]ALL NOT nE RFPRODUCEI~'IN ~VHOLE OR PART WITltOUT PERMISSION OF THE ABOVE IN WRITING NOTE The undersigned and BRUCE CAR3 ER & ASSOCIA1 ES.INC make no representa~mn or guarantees as to the information reflected hereon pertaining to easements, rights of way, setback hne~, re~ervallon~ agreement~ and other similar mattern and further, this instrument ~s not intended to reflec! or set forth all such matter~ Such information Should be oblained and confirmed by others through an appropriate title search NOTE Lands sho~vn hereon were not abstraclcd for rights-of-wa3 and/or easements of record. PAGE '~HREE OF EIGIIT Updates and/or Revisions Date B) Checked BRUCE CAR TER & ASSOCIATES, INC LAND SURVEYORS LAND PLANNERS 405 S.E. 6TH AVENUE ( SOUTH FEDERAL HIGHWAY DELRAY BEACH, FLOP, IDA, 33483 (561)265-1910 ENCLAVE P.U.D UTILITY EASEMENT - WATER LEGAL DESCRIPTION: UTILITY EASEMENT (WATER) BEGINNING AT REFERENCE POINT "K"; THENCE NORTH 89°42'40'' EAST, A DISTANCE OF 10.00 FEET. TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "L"; THENCE SOUTH 21"24'06" WEST, A DISTANCE OF 10.00 FEET. TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "M"; THENCE SOUTH 78°47'32' WEST, A DISTANCE OF 10.02 FEET. TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "T"; THENCE SOUTH 12028'42" EAST, A DISTANCE OF 10.00 FEET. TO THE POINT OF TERMINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "O"; THENCE NORTH 45035'34'' WEST, A DISTANCE OF 10.00 FEET. TO THE POINT OF TEPdVIINUS. TOGETHER WITH: BEGINNING AT REFERENCE POINT "Q"; THENCE NORTH 89027'25'. EAST, A DISTANCE OF 10.00 FEET. TO THE POINT OF TERMINUS. SEE PAGE FIVE OF EIGHT FOR CONTINUATION. THIS SKETCH IS TIlE PROPERTY OF BRUCF CARTFR & ^{;gOCIATFS, INC AND ~;IIALL NOT BE RFPROD! fCED IN WHOLE OR PAR'~ WITIIOUT PERMI~;SION OF THE ABOVE IN WRITING NOTE The undersigned and BRUCE CAR'I ER & ASSOCIATES.INC make no representation or guaranlees as to the reformation reflected hereon pertaining to easements, rights of way, setback lines, reservations agreements and other similar matters and further, this instrument Ps not intended to reflect or scl forth all such matters Such information Should be obtained and confirmed by olher~ through an approprmle title semch NOTE Lands shown hereon were not abstracted for rights-of-way and/or easements of record PAGE FOUR OF EIGHT Updates and/or Revisions Date By Checked BRUCE CARTER o [ ,AND SURVEYO~.~ L A ND ~t ASSOCIATE$ PL ,~NNERS , INC. 405 S E. 6th AVENUE (SOUTH FEDERAL HIGHW/tY) DELR4Y BEACH, (561 ) 265-1910 ENCLAVE ~/Jlf/~L, Iitr P.~ i UTILITY EASEMENT- WATER / paoe 5 of 8 sketch ~ t~ p.o~erty o~ B~E CARTER 8 ASSOCIATES, INC o~ shoO ~f ~ re~ced i.~ or ~t ~f ~iss~o. o~ ~ ~e U~TES ond/or REVlS tONS ~7 E BY C~D NOTE' The undersi~.ed o.d B~CE CARTER 8aSSOCt~TES, ~NC mo~e .o re~e~ofion or quorontees os ~o ~e ~Mormofio. ref~fed -- - hereon per~ng ~ eoseme~ ,rights*of. ~y, ~ef boc~ line~,re~v~io~, oqre~enfs ond o~er similor mot~rs, O~ fudher~fh~ insfru~n~ ...... not intended to reflect or set f~f~olt such moff~s S~h should be ~lned ond Cmfir~d by others through o~m~ofe ~orch ................. NO TE[ onds sho~ hereon wprp nof ob~frocfed for ~iqhfs*of. ond/or eosemenfs ~ BRUCE CARTER tit A$SOClATE$ , INC. LA[VD SURVEYORS LAND PLANNERS 405 S E. 6th `&VENUE (SOUTH DELR,~Y BE,~CH, FLORID,& ~34~-~ (361 ) 265-1910 FEDER`&L HIGHWAY) ENCLAVE P.U.D UTILITY EASEMENT - WATER pa~e 6 of 8 Ich ~ f~ ~rO~erfy 0¢ ~ C~RTER ~ ~ SSOClATES, INC o~ shOIt ~f ~ re~duced i~ or ~f ~t ~is~io~ of U~TES ond/or REVISIONS ~TE BY C~D NOTE' The u.dersigned o.d B~CE C~RTER ~SSOCI~TES, INC moke no re~e~fion or guoronfees os fo ~e In~rmotion ogre~enf~ ond o~ter similor m~r~ o~ ludher~ not [~ended to reflect or set f~t~olt ~uch should be ¢~lned one cmfir~d by others fh~u¢h ~eorch ~ NOTE' L onds sho*~ hereon were not o~frocted for riqhts.~-woy ond/or eosements ~ recor~. BRUCE CARTER 8 AS$OCIATE$ , L A'ND SURVEYORS L Ii ND PLANNERS INC. 405 S.E. 6fh AVENUE (SOUTH FEDERAL HIGHWAY) DELRAY BE,aCH, F'£ORIDA 334~ (561 ) 265-1910 ENCLAVE P.U.D UTILITY EASEMENT - WATER II · · "-~ ~ / paqe 7 of 8 Th~ ~efch ~ f~ properly of B~E CIRTER ~ ASSOCIITES, INC ond shOtl ~f ~ r}~ced in~ or ~f ~f ~mission of ~ ~e h U~TES ond/or REVISIONS ~TE BY CgD NOTE, The undersigned ond B~CE CIRTER ~ISSOCI~TES, INC moke no re~e~ofion or guoronfees os to ~e In~rmo~ion ref~fed hereo, ~r~ng ~ eosements,rights.of- ~y~ sef bock tines~re~v~lo~, o gre~enf s ond o~er similor m~rg, o~ fudher~fh~ instru~n~ Is not ~fended to reflecf or sef f~t~oll suchmoff~s S~h ~mofl~ should be ~lned ond cmfir~d by others fh~uqh o~ote rifle seorch ................ NOTE' [ onds sho~ hereon ~Pre not ob, frocfed for riqhts-of.w~v ond/or eosemenfs ~ recorE. ...... I ........... 1 .............. I .... I BRUCE CARTER ~t A $$OCIATE$ [.AND SUI~VE¥O~S L A ND PLANNERS , INC. 405 S E. 6th AVENUE (SOUTH FEDERAL HIGHWAY) DELRAY ~ACH, FLORIDA (561 ) 26~-1910 I ENCLAVE P.U.D ! ~ UTILITY EASEMENT - WATER. · ~ ~ .' - pa~e 8 of 8 Th~ skekh ~ t~ ~roperfy of ~R~E CARTER ~ ~SSOCI~TES, ;NC o~shofl ~f ~ re~ced i.~ or ~t ~f ~missio. of ~ ~e U~TES ond/or REVISIONS ~TE BY C~D NOTE' The undersigned ond B~CE C~RTER BASSOCIATES, INC. moke no re~fion or guoronfees os fo ~e ~nformof~n re~ed - hereon ~r~ng ~ eo~me~s,rights-of- ~y~ set b0c* Nnes,re~v~l~, ogre~e~ts ond o~er s;milor m~rs, o~ f~her, th~ Iosfru~o; not ~ended ~ re~ecf or set f~f~oll suchmoft~s.S~h ~m~t~ .... shouM be ~toed ond cmfir~d by others through o~ote rifle ~orch .... NO TE' toods sho~m hereon were .of o~frocted for ond/or eosemenfs ~ record. City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden City Manager Danvers Beatty, P.E.~-~~ Deputy Director of Publ,ie~tilities December 27, 2000 Interloeal Government Agreement with the Solid Waste Anthority Attached is an Agenda Request along with a copy of the proposed Agreement between the City of Delray Beach and The Solid Waste Authority (SWA) for Lime Sludge Recycling. The City currently spends approximately $425,000 per year for the purchase of lime and disposal of lime sludge. Lime is used in our water treatment process for coagulation and softening. Lime sludge is a by-product of the treatment process, which is disposed of at the Waste Management Landfill in Pompano Beach. We were notified on December 6, 2000 that the disposal fee for lime sludge is increasing from $7.50/ton to $20.00/ton effective January 1, 2001. This will increase our annual budget to almost $560,000 per year, a $135,000 increase. This is not a unique problem for the City of Delray Beach. There are several Municipalities and Counties, which suffer the same dilemma. In an effort to find an alternative solution to this problem, Palm Beach County Water Utilities and The SWA have Executed an Agreement for the Recycling of Lime Sludge utilizing excess Landfill Gas to power the Recycling Facility. The recycled lime will be purchased by the County for use in water treatment. The SWA has extended the lime recycling offer to several Municipalities within the area (see attached letter) which utilize lime softening treatment. By accepting the Agreement with SWA our annual lime purchase and disposal budget will be $354,000, a decrease of $206,000. Please place this item on the January 2, 2001 Agenda for consideration by City Commission. CDB/pd CC.' Richard Hasko, P.E., Director of Environmental Services City Clerks Office Agenda File %ESSRV002\davis\wwdataXMemoXInteflocal Agreement-122700 doc AGENDA REQUEST No, Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Agenda Item ~. ~). Date: December 27, 2000 When: January_ 2, 2001 Description of item (who, what, where, how much): Staff requests Commission approval of an Interlocal Government Agreement between the City of Delray Beach and The Solid Waste Authority (SWA) for the purchase of recycled lime and the disposal of lime sludge. This Agreement will reduce our annual budget for lime purchase and sludge disposal from $560,000/¥ear to $354,000/vear, a $206,000 savings. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Staff recommends Recommendation: ~ Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation {if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives Account No. & Description Account Balance City Manager Review: ~ Approved for agenda:~O Hold Until: (if applicable) Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \~ESSRV002\daws\wwdataXForms~AgendaReq - Interlocal Agmt 122700 doc [ITY OF DELAI:IY BEI:I[H RECEIVED DEC 2 ~ 2000 CiTY MANAGE-R: CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH JJ~J. wica c~y 1993 DATE: TO: MEMORANDUM December 28, 2000 Robert A. Barcinski, Assistant City Manager Writer's Direct Line' 561/243-7091 FROM: Susan A. Ruby, City Attomey SUBJECT: Interlocal Government Agreement with Solid Waste Authority Regarding Lime Sludge Reuse I have reviewed the agreement and approve it as to legal sufficiency and form. I have not, however, reviewed it from the point of the City's ability to deliver or the cost impacts. SAR:ci Attachment EXISTING LIME USAGE AND DISPOSAL -VS- PROPOSED RECALCINATION For the purpose of this comparison an average monthly operation is used. EXISTING OPERATION Average lime usage for treatment is 9.25 tons/day Average sludge generated for disposal is 30 tons/day We currently pay $102.95/ton for lime and $7.50/ton for disposal. This equates to a monthly cost of $35,318/month. The disposal.fee at Waste Management is increasing to $20.00/ton effective Jan. 1, 2001 The revised monthly fee will increase to $46,568/month. PROPOSED RECALCINATION Average lime usage for treatment is 9.25 tons/day Average sludge generated for disposal is 30 tons/day Proposed lime cost is $85.00/ton plus approximately $5.00/ton for trucking. Disposal fee will be $5.00/ton when the facility is operational. The monthly cost for the recalcination proposal is $29,475/month. Per the agreement, between now and the time the facility is operational the City will be able to dispose of sludge at no cost from the effective date of the agreement. Our interim cost until the facility is operational will be for lime only at the current purchase price of $102.95/ton which is $28,568/month. December 12, 2000 YOUR PARTNER FOR SOLID WASTE SOLUTIONS Mr. Dan Beatty Deputy Director Environmental Services City of Delray Beach 200 SW 6a' Street Delray Beach, FL 33444 Dear Mr. Beatty: Your utility has expressed an interest in participating in a project designed to accept lime sludges to be recycled into re-useable lime using low cost landfill gas as a heating source. Using low cost gas, it is possible to provide you with a long-term disposal option and the opportunity to repurchase lime at below market rates. In addition, it provides us with the ability to re-use our landfill gas, the energy from which is currently being wasted. Enclosed is a proposed contract which will be presented to our Board on December 13, 2000, and to the Board of County Commissioners on December 19, 2000, between the Solid Waste Authority of Palm Beach County and Palm Beach County Water Utilities Department providing for the delivery of lime sludge and re-purchase of lime. We want to make this same offer to all other utilities in Palm Beach County. We felt it would be easier and less time consuming for all of us to develop a model agreement first and then forward it to you. Palm Beach County Water Utilities is only able to provide approximately 30 percent of the required commitment of lime sludge to make the project economically viable. It is important, therefore, that if your utility desires to participate that we have signed commitments for the delivery of lime sludge and repurchase of lime product in 90 days or less. In accordance with the proposed contract, the Authority has 180 days from now to obtain the required commitments, arrange for financing, and make a final decision to proceed with the project based upon your commitments and arrangements for financing. The terms of the proposed Agreement and other information are as indicated in the enclosure. We have summarized important information for your reference. We will be happy to meet with you, your staff, or your governing body at any time to review and discuss the project in greater detail. Please contact our Mr. John Booth, P.E., Director of Engineering and Public Works, on x4603 for follow up information and assistance. We very much appreciate your input and assistance in developing this project. Sincerely,, /~ tq on ¥d Executive Director DLL/kal Enc. 7501 North Jog Road, West Palm Beach, Florida 33412 (561)640-4000 FAX (561) 640-3400 Recycled paper INTERLOCAL GOVERNMENT AGREEMENT FOR LIME SLUDGE RECYCLING LANDFILL GAS UTILIZATION BETWEEN THE SOLID WASTE AUTHORITY OF PALM BEACH CITY, FLORIDA AND THE CITY OF DELRAY BEACH, FLORIDA DATED AS OF ,2001 TABLE OF CONTENTS Article I 1.1 1.2 Definitions and Entire Agreement Definitions Entire Agreement Article II 2.1 2.2 2.3 2.4 Operations and Management Commitment to Supply Lime Sludge Commitment to Accept and Process Lime Sludge Commitments to Supply And Pickup Lime Lime Recycling Facility Operations (a) Receiving Hours (b) Pickup Hours (c) Operating Plan (d) Laws, Rules, Regulations and Permits (e) Rejection of Deliveries of Unacceptable Lime Sludge (f) Certification of Lime And Rejection of Unacceptable Lime (g) Weighing and Record Keeping (h) Obligations Prior to the Operations Date 2.5 Commitment To Receive Lime Sludge Prior To The Commencement Date Operations Article III Payment 3.1 Monthly Payment 3.2 Establishment Of The Lime Sludge Disposal Fee And Lime Purchase Price and Their Adjustment 3.3 Uncontrollable Circumstance and Performance Article IV Termination And Cancellation 4.1 Termination Prior To Financing 4.2 Termination After Financing Article V Disputed Payments Article VI Indemnification 6.1 Indemnification 6.2 Exclusion of Consequential Damages 6.3 Survival Article VII Miscellaneous 7.1 Term 7.2 Representations, Warrantees, Approvals 7.3 Amendment and Modification 7.4 Notices 7.5 Assignment 7.6 Severability Exhibit I Exhibit II Exhibit III Lime Specifications And Quality Requ/rcments Lime Sludge Specifications Adjustment To The Lime Sludge Di?posal Fee And The Lime Purchase Price ii INTERLOCAL GOVERNMENT AGREEMENT FOR LIME SLUDGE RECYCLING AND LANDFILL GAS UTILIZATION THIS AGREEMENT, hereinafter called the "Agreement", is made and entered into this __ day of ,2001 by and between The City of Delray Beach, a municipal corporation, hereinafter called the "City", and the SOLID WASTE AUTHORITY OF PALM BEACH CITY, a special district created pursuant to Chapter 75-473, Laws of Florida, as amended, hereinafter called the "Authority". WITNESSETH WHEREAS, the City owns, operates and manages a Water Treatment Plant (as defined herein) which consume Lime (as defined herein) as a reagent of the treatment process; and WHEREAS, such Water Treatment Plant also generates Lime Sludge (as defined herein) as a residual of the treatment process; and WHEREAS~ the City desires to secure an efficient, long-term and environmentally sound method for the supply of Lime and the disposal of Lime Sludge; and WHEREAS, the Authority has an excess supply of landfill gas that is generated as a by- product of its operations that it wishes to utilize in a beneficial manner; and WHEREAS, landfill gas can be utilized as an efficient source of energy to convert Lime Sludge into Lime; and WHEREAS, the Federal Government and the State of Florida encourage the recycling and beneficial reuse of residuals including Lime Sludge and landfill gas; and WHEREAS, the Authority can provide for the beneficial reuse of Lime Sludge by means of the recycling of the Lime Sludge efficiently and effectively by processing it into Lime by constructing and operating a Lime Recycling Facility; and WHEREAS, such recycling facility will produce, among other things, Lime for use in the City's Water Treatment Plant; and WHEREAS, the City and the Authority mutually find it in the public interest to cooperate in the recycling of Lime Sludge and reuse of recycled Lime. NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and the Authority agree as follows: ARTICLE I - DEFINITIONS AND ENTIRE AGREEMENT 1.1 Definitions For the purposes of this Agreement, the following terms shall have the meanings set forth below: "Accept" means the receipt by the Authority of Lime Sludge. "Alternate Location" means the location or locations designated by the Authority from time to time where Lime Sludge is to be received from the City if the LRF is unable to receive such Lime Sludge. "As Received Weight" means the weight of Lime or Lime Sludge as received or as delivered, as applicable, with no adjustment made for moisture content. "Change in Law" means a change in the Federal, State or Local laws, rules, regulations or requirements after the Effective Date which has, or may reasonably be expected to have, a direct material adverse effect upon the cost to the Authority of constructing, operating, maintaining or modifying the LRF or the performance of the LRF. "Dry Weight" means the weight measured after oven drying at a temperature of 103°C to 105°C to a constant weight. "Effective Date" means the date first written above. "Fiscal Year" means the Authority's fiscal year, as may be adjusted from time to time. "Legal Prejudgment Rate" means the rate established by the Comptroller of the State of Florida as provided by Section 55.03(1), Florida Statutes, as amended. "Lime" means the material meeting the specifications contained in Exhibit I to this Agreement. 2 "Lime Purchase Price" shall have the meaning set forth in, and as adjusted by, Section 3.2 and Exhibit III to this Agreement. "Lime Recycling Facility" or "LRF" means the facilities constructed or caused to be constructed by the Authority for the purpose of recycling Lime Sludge into Lime. "Lime Sludge" means the material meeting the specifications contained in Exhibit II to this Agreement. "Lime Sludge Disposal Fee" shall have the meaning set forth in, and as adjusted by, Section 3.2 and Exhibit III to this Agreement. "Monthly Fee" shall have the meaning set forth in Section 3.1 herein. "Operating Plan" shall have the meaning set forth in Section 2.4(c) herein. "Operations Commencement Date" means the date of the written notice fi.om the Authority to the City stating that the LRF has been placed into commercial operation and is able to Accept Lime Sludge and process it into Lime on a regular basis. "Party" means either the Authority or the City, or both, as the context of the usage of such term may require. "Person" means any individual, corporation, parmership, joint venture, association, joint-stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof. "Pickup Hours" means the hours set forth in the Operating Plan during which the City may pickup or cause to be picked-up, Lime. "Prohibited Lime Contaminants" are the materials listed in Exhibit I to this Agreement that are prohibited from being in the Lime in concentrations greater that those shown in Exhibit I to this Agreement. "Prohibited Lime Sludge Contaminants" are the materials listed in Exhibit II to this Agreement that are prohibited from being in the Lime Sludge in concentrations greater than those shown in Exhibit II to this Agreement. "Receiving Hours" means the hours set forth in the Operating Plan during which the City may deliver, and the Authority shall Accept, Lime Sludge. "State" means the State of Florida. "Term" shall have the meaning set forth in Section 7.1 herein. 3 "Ton" shall mean 2,000 pounds avoirdupois. "Unacceptable Lime" means lime that does not meet one or more of the specifications contained in Exhibit I to this Agreement or contains Prohibited Lime Contaminants, provided however, that for the Available Calcium Oxide specification, the Minimum (not the Average) shall be used to determine whether or not it is Unacceptable Lime. "Unacceptable Lime Sludge" means Lime Sludge that does not meet one or more of the specifications contained in Exhibit II to this Agreement or contains Prohibited Lime Sludge Contaminants. "Uncontrollable Circumstance" means an act, event or condition that has a direct material adverse effect on the rights or obligations of a Party under this Agreement, if such act, event or condition is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or not complying with a condition required of such Party under this Agreement. Such acts, events or conditions shall include, but shall not necessarily be limited to, the following: (a) an act of God, hurricanes, tornadoes, epidemic, landslide, lightning, earthquake, fire or explosion, flood or similar occurrence, an act of public enemy, war, blockade, insurrection, riot or civil disturbance, sabotage, or similar occurrence; (b) the order, or injunction or judgment of any Federal, State or local court, administrative agency or governmental body or officer with jurisdiction in the City, including any exercise of the power of eminent domain, police power, condemnation or other taking by or on behalf of any public, quasi-public or private entity, provided, however, that such order or judgment shall not arise in connection with or be related to the negligent or willful action or inaction of the Party relying thereon and that neither the contesting in good faith of any such order or judgment nor the reasonable failure to so contest shall constitute or be construed as a willful or negligent action or inaction of such Party; (c) the failure to issue, or the suspension, termination, interruption, denial of renewal of any permit, license, consent, authorization or approval essential to a Party to carry out its obligations pursuant to this Agreement, if such act or event shall not arise in connection with or be related to the negligent or willful action or inaction of the Party relying thereon and that neither the contesting in' good faith of any such order or judgment nor the reasonable failure to so contest shall constitute or be construed as a willful or negligent action or inaction of such Party; (d) the failure of any appropriate Federal, State or local agency or public or private utility having operation jurisdiction with respect to the LRF to provide, and maintain and assure the provision of, all utilities necessary for the operation of the LRF; (e) a Change in Law; 4 (t) the failure of any subcontractor or supplier to furnish services, materials or equipment on the dates agreed to, provided, however, that: (i) such failure is (A) caused by an act, event or condition materially and adversely affecting the performance of such subcontractor or supplier that would be an Uncontrollable Circumstance if it directly affected the Party relying thereon, and (B) materially and adversely affects the Party's ability to perform its obligations pursuant to this Agreement; and (ii) the Party relying thereon is not reasonably able to obtain substitute services, materials or equipment on the agreed upon date. "Water Treatment Plant" means the lime softening water treatment plant that the City owns, operates and manages, or causes to be operated and managed. 1.2 Entire Agreement The following Exhibits are attached hereto, are incorporated by reference and are made part of this Agreement. Exhibit I - Lime Specifications And Quality Requirements Exhibit II - Lime Sludge Specifications Exhibit III- Adjustment To The Lime Sludge Disposal Fee And The Lime Purchase Price This Agreement, together with the foregoing Exhibits, constitutes the entire Agreement between the Authority and the City and supercedes all other negotiations, representations or agreements, either oral or written, with respect to the matters contained herein. The Article and Section headings in this Agreement are for convenience and reference only, and shall not be considered in construing this Agreement. ARTICLE II - OPERATIONS AND MANAGEMENT 2.1 Commitment to Supply Lime Sludge 2.1.1 On and after the Operations Commencement Date, the City shall deliver all of the Lime Sludge generated by the Water Treatment Plant on a regular basis to the LRF. From the Effective Date of this Agreement through the tenth anniversary of the Effective Date, City commits to deliver a minimum of 9,200 tons of Lime Sludge annually as Received Weight. From the tenth anniversary of the Effective Date of this Agreement through the fifteenth anniversary, City commits to deliver a minimum of 6,100 tons annually as Received Weight. 2.1.2 If, in any calendar month, the City fails to deliver 5% of its annual Lime Sludge commitment to the LRF, (and the Authority was capable of Accepting and processing such amount), then the Authority shall use reasonable efforts to obtain from others during the following month such Lime Sludge quantity that the City failed to deliver at the highest disposal fee that the Authority can obtain. If the disposal fee for all such Lime Sludge is equal to or greater than the then current Lime Sludge Disposal Fee, the City shall not owe any additional money to the Authority. If the disposal fee for such Lime Sludge (or a portion thereof) is less than the then current Lime Sludge Disposal Fee, or if the Authority is unable to obtain such Lime Sludge (or a portion thereof), the City shall pay to the Authority the Authority's lost revenue, calculated as the difference between: (i) the amount of money the Authority would have received if all such Lime Sludge was delivered at the then current Lime Sludge Disposal Fee; minus (ii) the amount of money that the Authority actually received for the receipt of such Lime Sludge (or portion thereof). The amount owed to the Authority by the City (if any) shall be included in the Monthly Fee stated in the Authority's invoice to the City rendered within fifteen days from the end of such following month. In no event shall the City deliver more than 12% of its annual Lime Sludge commitment to the LRF during any calendar month unless the Authority determines that adequate storage is available. 2.2 Commitment to Accept and Process Lime Sludge On and after the Operations Commencement Date, the Authority shall Accept and process Lime Sludge from the Water Treatment Plant delivered to the LRF or the Alternate Location as designated by the Authority. On and after the Operations Commencement Date, the Authority's obligation to Accept and process Lime Sludge, meeting the specifications contained in Exhibit II, shall only be relieved by, and only to the extent of, an Uncontrollable Circumstance that prevents or partially prevents such Acceptance and processing. In the event that the Authority fails to meet its obligation to accept Lime Sludge (except for Uncontrollable Circumstances), City shall be reimbursed by the Authority on a monthly basis for any alternative Lime Sludge disposal costs incurred by the City. 2.3 Commitments to Supply and Pickup Lime 2.3.1 On and after the Operations Commencement Date, the Authority shall supply Lime at the LRF for bulk pickup and use by the City. The Authority shall maintain at all times an adequate supply of Lime in storage at the LRF to assure an uninterrupted supply of Lime to the City. In the event that the Authority fails to meet its obligation to have Lime available for bulk pickup by City (except for Uncontrollable Circumstances), City shall be reimbursed by the Authority on a monthly basis for any altemative Lime purchase costs incurred by the City. 2.3.2 On and after the Operations Commencement Date through the tenth anniversary of the Effective Date of this Agreement, the Authority shall make available, and the City shall pickup, or cause to be picked-up, a minimum of 2800 tons of Lime annually as Received Weight. From the tenth anniversary of the Effective Date of this Agreement, through the fifteenth anniversary of the Effective Date, City commits to pickup, or will cause to be picked up, a minimum of 1800 tons annually as Received Weight 6 2.3.3 If, in any calendar month, the City fails to pick up 5% of its annual Lime commitment from the LRF (and such amount was available for pickup at the LRF); then the Authority shall use reasonable efforts during the following month to sell to others such Lime quantity that the City failed to pick-up, at the highest price that the Authority can obtain. If the sales price for all such Lime is equal to or greater than the then current Lime Purchase Price, the City shall not owe any additional money to the Authority. If the sales price for such Lime (or a portion thereof) is less than the then current Lime Purchase Price, or if the Authority is unable to sell such Lime (or a portion thereof), the City shall pay to the Authority the Authority's lost revenue, calculated as the difference between: (i) the amount of money the Authority would have received if the minimum required amount of Lime was sold at the then current Lime Purchase Price; minus (ii) the amount of money that the Authority actually received for the sale of such Lime (or portion thereof) The amount owed to the Authority by the City (if any) shall be included as part of the Monthly Fee in the Authority's invoice to the City rendered within fifteen days from the end of such following month. The then current Lime Purchase Price used in the above calculations shall be unadjusted for bonus or penalty. In no event shall the City pick up more than 12% of its annual Lime commitment from the LRF during any calendar month unless the Authority determines that an adequate supply of Lime is on hand. 2.3.4 During the Term of this Agreement, the City shall maintain at least the amount of Lime storage capacity at its Water Treatment Plant that the City has as of the Effective Date. 2.4 Lime Recalcining Facility Operations (a) Receiving Hours The Authority shall operate the LRF in such a manner as to Accept Lime Sludge delivered by or on behalf of the City during the Receiving Hours in accordance with the Operating Plan. (b) Pickup Hours The Authority shall operate the LRF in such a manner as to allow pickup of Lime by or on behalf of the City during the Pickup Hours in accordance with the Operating Plan. (c) Operating Plan The Authority shall develop, maintain and update from time to time an operating plan ("Operating Plan") mutually acceptable to the Authority and the City. The Operating Plan shall include, without limitation, a description of the operations, hours of operation, hours during which Lime Sludge shall be received, vehicle proce.dures at the receiving area at the LRF and the Alternate Location, handling of Unacceptable Lime and Unacceptable Lime Sludge, hours during which Lime may be picked-up, vehicle procedures at the pickup area, traffic routing, weighing 7 and billing procedures, backup plan if the Authority's scale facilities become inoperable, and emergency notification procedures. (d) Laws, Rules and Regulations The Authority shall operate the LRF in compliance with all applicable Federal, State and local laws, rules, regulations, ordinances and permits. (e) Rejection of Deliveries of Unacceptable Lime Sludge The Authority shall have the right to reject the delivery and prohibit the unloading of Unacceptable Lime Sludge. The Authority shall immediately notify the City of such rejection, and the City shall either: (i) take possession of, and remove from the Authority's premises, such Unacceptable Lime Sludge; or (ii) request that the Authority dispose of such Unacceptable Lime Sludge. If the Authority does not agree to dispose of such Unacceptable Lime Sludge, the City shall promptly remove such Unacceptable Lime Sludge. If the City requests that the Authority dispose of such Unacceptable Lime Sludge and the Authority agrees, the Authority will dispose of said material by alternative methods consistent with current environmental regulations. The City shall pay the Authority's published disposal rate if such material is disposed of in the Authority's facilities. The Authority shall have the right to dispose of such material and charge the City as set forth above for any Unacceptable Lime Sludge that the City does not remove from the Authority's premises after twenty four hours from the Authority's notification to the City as set forth above. (f) Certification Of Lime And Rejection Of Unacceptable Lime The Authority shall certify that the Lime stored in the Authority's bulk Lime storage facilities meets the standards established by Exhibit I . The City shall have the right to refuse to pickup, and thc right to return, Unacceptable Lime. (g) Weighing and Record Keeping All Lime Sludge and Unacceptable Lime Sludge delivered by or on behalf of the City, and all Lime picked-up by or on behalf of the City and all Unacceptable Lime returned by or on behalf of the City, shall be weighed at the Authority's designated scale facilities which shall be certified at least annually be the State. The Authority shall maintain all weight records for a period of at least three years, and will make such records available to the City at the City's request. (h) Obligations Prior To The Operations Date It is recognized by the Parties that although the Operations Commencement Date will not be established by the Authority until the LRF has passed certain performance tests, the LRF shall require amounts of Lime Sludge and shall produce Lime during start-up, shakedown and testing, all of which will be prior to the Operations Commencement Date. In order to accommodate the above, the Authority shall provide reasonable notice to the City of thc amounts of Lime 8 Sludge that the Authority projects will be required to be delivered, and the amouhts of Lime that the Authority projects will be required to be picked-up. The City shall use all reasonable efforts to accommodate the Authority's request. Prior to the Operations Commencement Date, the City shall not be charged the Lime Sludge Disposal Fee for the Lime Sludge it delivers or the Lime Purchase Price for the Lime it picks-up from the LRF. 2.5 Commitment To Receive Lime Sludge Prior To The Operations Commencement Date On and after the Effective Date, and prior to the Operations Commencement Date, the Authority agrees to accept Lime Sludge from the Water Treatment Plant at the Altemate Location for storage and/or reuse at no cost to the City. This provision, along with all other provisions of this Agreement, shall be terminated if the Authority terminates this Agreement pursuant to Section 4.1 herein. Such termination shall be effective as of the date of Authority's written notice of termination to the City. ARTICLE III - PAYMENT 3.1 Monthly Payment After the Operations Commencement Date, and on or before the fifteenth (15th) day of each month thereafter, the Authority shall submit to the City an itemized invoice for services rendered the previous month, including: (A) the daily and total quantities of delivered Lime Sludge, Unacceptable Lime Sludge, picked-up Lime and Unacceptable Lime returned to the LRF during the month; and (B) the monthly fee calculated as the sum of the following: (X) the product of (a) the Lime Sludge Disposal Fee multiplied by (b) the As Received Weight of each truck load of Lime Sludge received during the month, plus (Y) the product of (i) the Lime Purchase Price adjusted for each track load by an increase of 2 percent for each 1 percent, or fraction thereof, of available calcium oxide content greater than 90 percent, or a reduction of 2 percent for each 1 percent, or fraction thereof, of deficiency of available calcium oxide content from 90 percent, to and including 80 percent; multiplied by (ii) the As Received Weight of such corresponding truck load of Lime. The sampling and analysis to determine the increase or decrease applicable to each truck load of Lime shall be in accordance with Section 5.3 of ANSI/AWWA B202-93 and (Z) the amounts owed (if any) for shortfalls in delivery of Lime Sludge and/or pick-up of Lime as determined pursuant to Sections 2.1 and 2.3 (collectively, the sum of (X), (Y) and (Z) shall be the "Monthly Fee"). The Monthly Fee shall be payable by the City to the Authority within thirty (30) days from receipt of the invoice by the City. 3.2 Establishment Of The Lime Sludge Disposal Fee And Lime Purchase Price And Their Adjustment 9 As of the Effective Date of this Agreement, the Lime Sludge Disposal Fee shall be equal to five dollars per Ton ($ 5.00/Ton) (As Received Weight) ("Lime Sludge Disposal Fee") and the Lime Purchase Price shall be equal to eighty five dollars and no cents per Ton ($ 85.00/Ton) (As Received Weight) ("Lime Purchase Price"). The Lime Sludge Disposal Fee and the Lime Purchase Price shall be adjusted in accordance with Exhibit III. 3.3 Uncontrollable Circumstance And Performance (a) If either Party fails to perform any of its obligations pursuant to this Agreement, and if such failure to perform was caused by an Uncontrollable Circumstance, then the Parties shall cooperate to remove, reduce or eliminate thc adverse effect of such Uncontrollable Circumstance and (i) the Authority shall Accept and process Lime Sludge and produce Lime to the extent of the processing capacity of the LRF, and (ii) the City shall deliver, or cause to be delivered, Lime Sludge and shall pick-up or cause to be picked-up, Lime to thc extent of its ability to cause such pickup. (b) If an Uncontrollable Circumstance occurs that has, or may reasonably be expected to have, a direct material adverse affect upon the cost to the Authority of operating, maintaining or modifying the LRF, the parties shall mutually agree to an increase in the Lime Sludge Disposal Fee and/or Lime Purchase Price if the increased costs can't be offset by minimizing/optimizing other operating costs. ARTICLE IV - TERMINATION AND CANCELLATION 4.1 Termination Prior To Financing The obligations contained in this Agreement are contingent upon the Authority financing the construction of the LRF. If the Authority, in its sole discretion, decides not to finance the LRF within 180 days from the Effective Date, the Authority shall have the right to terminate this Agreement by written notice to the City and such termination shall be effective as of the date of such notice. 4.2 Termination After Financing After the financing of the construction of the LRF by the Authority, this Agreement may not be terminated or canceled by either Party without the consent of the other Party. ARTICLE V - DISPUTED PAYMENTS If either the Authority or the City has withheld payment of any amount in dispute, upon resolution of such dispute, the non-prevailing Party shall pay to the prevailing Party the disputed amount (or as much thereof as shall be determined to be due) plus interest at the Legal Prejudgment Rate from the date on which such amount was due to the date of payment. ARTICLE VI - INDEMNIFICATION 10 6.1 Indemnification Each Party shall be liable for its own actions and negligence and, to the extent permitted by law, the City shall indemnify, defend and hold harmless the Authority against any actions, claims or damages arising out of the City's negligence in connection with this Agreement, and the Authority shall indemnify, defend and hold harmless the City against any actions, claims or damages arising out of the Authority's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall same be construed to constitute agreement by either Party to indemnify the other Party for such other Party's negligent, willful or intentional acts or omissions. 6.2 Exclusion Of Consequential Damages In no event, whether because of a breach of any provision contained in this Agreement or any other cause, whether based upon contract, tort (including negligence or strict liability), warranty, guarantee, delay or otherwise, arising out of the performance or nonperformance by either Party of its obligations pursuant to this Agreement, including, without limitation, suits by third Persons, shall either Party be liable for or obligated in any manner to pay incidental, special, punitive, consequential or indirect damages of any nature incurred by either Party whether occurring during or subsequent to the performance of this Agreement. 6.3 Survival This Article VI shall survive the termination of this Agreement. ARTICLE VII - MISCELLANEOUS 7.1 Term The Term of this Agreement shall be until the 15th anniversary of the Effective Date, unless terminated sooner in accordance with its terms. 7.2 Representation, Warrantees, Approvals The Parties represent and warrant to each other that upon execution of this Agreement: (a) the Parties have the power and authority to enter into this Agreement and to carry out their respective obligations hereunder; (b) the Parties have taken all legal actions necessary to authorize them to enter into and perform their respective obligations hereunder; (c) entering into and performing this Agreement does not violate any statute, rule, regulation, order, writ, injtmction or decree of any court, administrative agency or governmental body, or violate any agreement by which a Party is bound; (d) this Agreement has been duly entered into by the Party, and constitutes a legal, valid and binding obligation of the Party; (e) there is no litigation or proceeding pending or threatened against a Party which could materially or adversely affect the performance of this Agreement; and, (f) the Parties have obtained all approvals as may be required to permit their respective performance of the obligations of this Agreement. Except as expressly provided herein, the Parties make no representations or warranties and waive no rights or remedies. 11 7.3 Amendment and Modification This Agreement shall only be modified or amended by a written agreement duly signed by the persons authorized to sign agreements on behalf of the Authority and the City. Any such amendments or modifications shall be numbered in ordinal sequence, and titled accordingly. 7.4 Notices Any notices required in this Agreement shall be sent in writing, certified mail return receipt requested, to the Parties at the addresses listed below, unless either Party shall inform the other Party in writing of any change in that address. If to the Authority: Solid Waste Authority of Palm Beach City 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Director of Engineering If to the City: City of Delray Beach Environmental Services Department 434 South Swinton Avenue Delray Beach, FL 33444 Attn: Department Director 7.5 Assignment It is expressly understood and agreed that this Agreement is between the Authority and the City and that the Authority and the City shall have no right to assign this Agreement or any portion thereof without the prior approval of the other party. 7.6 Severability In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications or supplements of, or to, this Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified, supplemented or otherwise effected by such action, remain in full force and effect. 12 IN WITNESS WHEREOF, the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, at a regular meeting thereof, by action of the Authority Board authorizing and directing the forgoing to be adopted, has caused these presents to be signed by its Executive Director, and its seal to be hereto affixed, and the CITY OF DELRAY BEACH has executed this Agreement, all as of the day, month and year first above written. SOLID WASTE AUTHORITY OF PALM BEACH CITY: By: Executive Director Witness: Approved as to Form and Legal Sufficiency: By: Counsel to the Authority CITY OF DELRAY BEACH, FLORIDA: By: Mayor Attest: City Clerk Approved as to Form and Legal Sufficiency: By: City Legal Counsel Approved by Authority Board on ,2001, Item~ Approved by the City of on ., 2001, Item 13 EXHIBIT I LIME SPECIFICATIONS AND QUALITY REQUIREMENTS Available Calcium Oxide (Average) Available Calcium Oxide (Min.) CaO Pebble Size Insoluble Material (Max.) Loss on Ignition (Max.) Silicon Dioxide (Max.) SiO2 Magnesium Oxide (Max.) MgO Aluminum Oxide (Max.) A1203 Iron Oxide (Max.) Fe203 Sulfur (Max.) S Lime Pickup Method 90% 85% >95% Passing ~A" <5% Passing 100 Mesh 5% 1.75% 2.00% 2.00% 1.00% 1.25% 0.1% Bulk Carrier Lime shall be capable of disintegrating in water to form a suspension of finely divided material. All Lime shall be certified by the Authority to meet the latest requirements of the National Sanitation Foundation (NSF) and the American Water Works Association (AWWA) for use in public water supply systems. REFERENCE STANDARDS AND TEST METHODS (all latest editions as of the Effective Date) ANSI/AWWA B202-93 ASTM C 25 ASTM C 50 ASTM C 51 ASTM C 53-63 ASTM C 110 ASTM C 911 AWWA Standard for Quicklime and Hydrated Lime Test Methods for Chemical Analysis of Limestone, Quicklime, and Hydrated Lime Methods of Sampling, Inspection, Packing, and Marking of Lime and Limestone Products Terminology Relating to Lime and Limestone (as Used by the Industry) Specification for Quicklime and Hydrated Lime for Water Treatment Test Methods for Physmal Testing of Quicklime, Hydrated L~me, and Limestone Standard Specification for Quicklime, Hydrated Lime, and Limestone for Chemical Uses III- 1 EXHIBIT II LIME SLUDGE SPECIFICATIONS Solids Content (Minimum) 55.0 Solids Content (Average) 65.0 Minimum Available CaCO3 Content 90.0 Maximum Total Metal Hydroxide Content 3.0 (Mg(OH)2, Fe(OH)2, Al(OH)s) Maximum SiO2 Content 1.0 Maximum FeC13 Content 1.0 Maximum Clay Content 22.0 Sludge Delivery Method Percent Percent Percent By Dry Weight Basis Percent By Dry Weight Basis Percent By Dry Weight Basis Percent By Dry Weight Basis Percent By Dry Weight Basis Open bed truck The Reference Standards and Test Methods for the above shall be the same as stated in Exhibit I to the Agreement. Prior to changing the water treatment process, including without limitation, the polymers used in the treatment process, the City shall provide the Authority with prior written notice, and if the changes involve construction or installation of equipment, the notice shall be given prior to the purchase or installation of such changes. The notice shall set forth the changes to be made and the expected changes (if any) on the Lime Sludge characteristics. The notice shall be in sufficient detail to enable the Authority to independently determine the effect of the changes on the Lime Sludge characteristics. IV- 1 EXHIBIT III ADJUSTMENT TO THE LIME SLUDGE DISPOSAL FEE AND THE LIME PURCHASE PRICE The Lime Sludge Disposal Fee and the Lime Purchase Price shall be adjusted annually effective October 1st following the Effective Date by a percentage equal to one-half of the percentage change in the Consumer Price Index for All Urban Consumers ("CPI-U") U.S. City Average, as published by the U.S. Department of Labor, from June of the prior year to June of the then current year. The Authority shall submit a notice of the adjustment not later than September 1 st of each year by letter to the City at the address set forth in Section 7.4 of the Agreement. V-1 MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS ~ICITY MANAGER SUBJECT: AGENDA ITEM ~ ~-- - REGULAR MEETING OF JANUARY 2, 2001 MUTUAL AID AGREEMENT/PA LM BEACH COUNTY LAW DATE: ENFORCEMENT AGENCIES DECEMBER 28, 2000 This is before the City Commissxon to approve the renewal of a countywide mutual aid agreement among Palm Beach County law enforcement agencies. It provides for the extension of mutual aid in the form of law enforcement services and resources for adequate response in the event of an emergency situation, and also provides for ongoing, mulu-jurisdicttonal assistance and cooperanon in matters of routine law enforcement. The agreement has been reviewed and approved as to form and legal sufficiency. Approval is recommended. Ref.'Agmemol 0 Mutual Aid Agreement PBC Law Enforcement Agencies DELRAY BEACH Delray Beach .Police Department 300 West Atlantic A¥onuo Dolra¥ Boach, Florida 3:3444-3695 (56'1) 243-7888 Fax (56'1) 243-78'16 MEMORANDUM TO: Mayor David W. Schmidt / FROM: Chief Richard G. Overman DATE: December 14, 2000 SUBJECT: COUNTYWIDE MUTUAL AID AGREEMENT Please be advised that attached is the renewal of our countywide mutual aid agreement. I have had it reviewed by our Legal Advisor, and she finds no issues of concern. I would appreciate your signature so we can get this back to Chief James Kelly of the School Board Police Department. Please return to me at your earliest convenience. RGOIppt Attachment BEACH COC~/ THE SCHOOL DISTRICT OF PALM BEACH COUNT~, R.ORIDA SCHOOL POLICE DEPARTMENT 3330 FOREST HILL BOULEVARD, B-127 WEST PALM BEACH, R. 33406-5869 (561)434-8300 FAX (561)434-8186 December 11, 2000 TO: ALL PALM BEACH COUNTY SUBJECT: Mutual Aid Agreement JAMES P. KELLY, J.D. CHIEF OF POLICE DR. H. BENJAMIN MARLIN HERIFF: Attached is a copy of the new Mutual Aid Agreement that was approved by the Law Enforcement Planning Council on Thursday, December 7, 2000. During the discussion of this agreement, Chief Andy Scott advised that there are certain mandatory requirements for agencies accredited by CALEA. It was agreed that Chief Scott would send me the requirements, and I would incorporate them into this agreement. The first requirement of "procedures for maintaining radio communications with outside personnel" is addressed on page 4, Section VI, subparagraph C. The other requirement is reflected on page 5, Section VII in the second sentence, which states: "On or about September 30, 2004, a committee will be established by the Palm Beach County Law Enforcement Planning Council in conjunction with the Palm Beach County Association' of Chiefs of Police, Inc., to review this Agreement and revise, if necessary." As we have done with the last ,two Mutual Aid Agreements, please bring them to your local governing body for approval and send me the executed original signature page for your agency. I will forward the agreement and signature pages to the FDLE upon receipt. Once I have all the executed signature pages, I will send you a copy of the Mutual Aid Agreement with all the signature pages for your records. Please note that the expiration date for the current Mutual Aid Agreement is December 31, 2000. More than likely i} will take the month of January for all agencies to sign this agreement. Therefore, it would be advisable to notify your Officers not to respond to violent crimes outside your jurisdiction until this agreement is executed by all agencies. If you have any questions, please feel free to call me at (561) 4_34-8435. Sincerely, ~ les P. Kelly, Chief ~ Lool Police Department JPK:pvh Attachment An Equal Opportunity Employer PALM BEACH COUNTY LAW ENFORCEMENT AGENCIES COMBINED OPERATIONAL ASSISTANCE AND VOLUNTARY COOPERATION MUTUAL AID AGREEMENT WITNESSETH WHEREAS, the subscribing Law Enforcement Agencies as listed in Attachment I, which is incorporated by reference, are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Intensive situations, including, but not limited to, emergencies as defined under Section 252.34, Florida Statutes, and (2) Continuing, multi-jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and, WHEREAS, the subscribing Law Enforcement Agencies have the authority under Section 23.1225, Florida Statutes, et. seq., The Florida Mutual Aid Act, to enter into a combined mutual aid agreement for law enforcement service which: (1) Permits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines, and; (2) Provides for rendering of assistance in a law enforcement emergency as defined in Section 252.34. NOW, THEREFORE, THE AGENCIES AGREE AS FOLLOWS: SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE The subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies so represented may request and render law enforcement assistance to the other to include, but not necessarily be limited to, dealing with civil disturbances, large protest demonstrations, aircraft disasters, fires, natural or man-made disasters, sporting events, concerts, public school graduations, parades, escapes from detention facilities, and incidents requiring utilization of specialized units. SECTION I1: PROVISIONS FOR VOLUNTARY COOPERATION Each of the subscribed Law Enforcement Agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida Statutes to include, but not necessarily be limited to, investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, controlled substance violations, pursuant to Chapter 893, Florida Statutes, DUI violations, backup services during patrol activities, School Police Officers enforcing laws within 1000 feet of a school or school board property; and inter-agency task forces and/or joint investigations. SECTION II1: PROCEDURE FOR REQUESTING ASSISTANCE In the event that an agency that is a party to this Agreement is in need of assistance as set forth above, such agency shall notify the agency or agencies from whom such assistance is required. The Agency Head or his/her authorized designee whose assistance is sought shall evaluate the situation and his/her available resources and will respond in a manner he/she deems appropriate. The Agency Head in whose jurisdiction assistance is being rendered may determine who is authorized to lend assistance in his/her jurisdiction, for how long such assistance is authorized and for what purpose such authority is granted. This authority may be granted either verbally or in writing as the particular situation dictates. School District Police Officers are hereby authorized to enforce laws in an area within 1000 feet of a school or school board property and within 1000 feet of any school sponsored event including, but not necessarily limited to, public school graduations, proms, dances and project graduations. Should enforcement action be taken, said officer shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including, but not limited to, a follow-up written report documenting the event and the actions taken. Should a sworn law enforcement officer (officer) be in another subscribed agency's jurisdiction and violation of Florida Statutes occurs, which is a crime of violence, in the presence of said officer, he/she shall be empowered to exercise authority as a law enforcement officer as if the officer was in his/her own jurisdiction. Should enforcement action be taken, said officer shall notify the agency having normal jurisdiction and upon the latter's arrival, turn the situation over to them and offer any assistance requested including. but not limited to, a follow-up written report documenting the event and the actions take.". This provision so prescribed in this paragraph is not intended to grant general authority to conduct investigations, serve warrants and/or subpoenas or to respond without request emergencies already being addressed by the agency of normal jurisdiction, but is intended to address critical, life-threatening or public safety situations, prevent bodily injury to citizens, and/or secure apprehension of violent criminals whom the law enforcement officer may encounter. The Agency Head's decision in these matters shall be final. 2 SECTION IV: COMMAND AND SUPERVISORY RESPONSIBILITY The personnel and equipment that are assigned by the assisting agency head shall be under the immediate command of a supervising officer designated by the assisting agency head. Such supervising officer shall be under the direct supervision and command of the agency head or his/her designee of the agency requesting assistance. CONFLICTS: Whenever a Law Enforcement Officer is rendering assistance pursuant to this Agreement, the Law Enforcement Officer shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her own employer. If any such rule, regulation, personnel policy, general order or standard operating procedure is contradicted, contravened or otherwise, in conflict with a direct order of a superior officer of the requesting agency, then such rule, regulation, policy, general order or procedure shall control and shall supersede the direct order. HANDLING COMPLAINTS: Whenever there is cause to believe that a complaint has arisen as a result of a cooperative effort as it may pertain to this Agreement, the Agency Head or I~is/her designee of the requesting agency shall be responsible for the documentation of said complaint to ascertain at a minimum: 1. The identity of the complainant. 2. An address where the complaining agency can be contacted. 3. The specific allegation. 4. The identity of the employees accused without regard to agency affiliation. If it is determined that the accused is an employee of the assisting agency, the above information with all pertinent documentation gathered during the receipt and processing of the complaint shall be forwarded without delay to the Agency Head or his/her designee of the assisting agency for administrative review. The requesting agency may conduct a review of the complaint to determine if any factual basis for the complaint exists and/or whether any of the employees of the requesting agency violated any of their agency's policies or procedures. SECTION V: LIABILITY Each agency engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees to assume responsibility for the acts, omissions, or conduct of such agency's employees while engaged in rendering such aid pursuant to this Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable. 3 SECTION VI: POWERS, PRIVILEGES, IMMUNITIES AND COSTS Employees of each participating Law Enforcement Agency, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits, but inside the State of Florida, under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127(1), Florida Statutes, have the same powers, duties, rights, privileges and immunities as if the employee was performing duties inside the employee's political subdivision in which normally employed. Each agency agrees to furnish necessary personnel, equipment, resources and facilities and to render services to each other agency to the Agreement as set forth above; provided however, that no agency shall be required to deplete unreasonably it's own personnel, equipment, resources, facilities, and services in furnishing such mutual aid. Co Communication with personnel from outside agencies will be accomplished with a shared radio frequency. Should the agency furnishing aid not have the capability to communicate on a shared radio frequency, then the requesting agency will either provide radios to the personnel of the agency furnishing aid or pair personnel from the agency furnishing aid with personnel from agencies that have the capability to communicate on a shared radio frequency. Do A political subdivision that furnishes equipment pursuant to this part must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. The agency furnishing aid pursuant to this section shall compensate it's employees during the time such aid is rendered and shall defray the actual travel and maintenance expenses of it's employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such assistance. The privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of an employee of an agency when performing the employee's duties within the territorial limits of the employee's agency apply to the employee to the same degree, manner, and extent while engaged in the performance of the employee's duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, auxiliary, and reserve employees. Nothing herein shall prevent the requesting agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting agency for any actual costs or expenses incurred by the assisting agency performing hereunder. 4 Nothing in this Agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. SECTION VII: EFFECTIVE DATE This Agreement shall take effect upon execution and approval by the hereinafter named officials and shall continue in full force and effect until January 31, 2005. On or about September 30, 2004, a committee will be established by the Palm Beach County Law Enforcement Planning Council in conjunction with the Palm Beach County Association of Chiefs of Police, Inc., to review this Agreement and revise, if necessary. Under no circumstances may this Agreement be renewed, amended, or extended except in writing. SECTION VIII: CANCELLATION Any agency may cancel their participation in this Agreement upon delivery of written notice to the other agencies. Cancellation will be at the direction of any subscribing agency. IN WITNESS WHEREOF, the agencies hereto cause these presents to be signed on the date specified. 5 ATTEST: CITY OF ATLANTIS: William P. Howell, Mayor (date) Robert G. Mangold, Chief of Police (date) CITY, OF BELLE GLADE: (date) (date) D. Bill Mathis, Mayor (date) Michael R. Miller, Chief of Police (date) CITY OF BOCA RATON: (date) (date) Carol G. Hanson, Mayor (date) Andrew J. Scoff, III, Chief of Police (date) (date) CITY OF BOYNTON BEACH: (date) Gerald Broening, Mayor (date) Marshall B. Gage, Chief of Police (date) CITY OF DELRAY BEACH: (date) David W. Schmidt, Mayor (date) (date) Richard G. Overman, Chief of Police (d~lte) (date) (date) 6 FLORIDA ATLANTIC UNIVERSITY: Anthony J. Catanese, President (date) August J. Washington (date) Director of Safety and Security CITY OF GREENACRES: (date) (date) Samuel J. Ferreri, Mayor (date) Gregory P. Smith, Director of Public Safety (date) Richard C. Olson, City Manager TOWN OF GULFSTREAM: (date) (date) William F. Koch, Jr., Mayor (date) GarreffJ. Ward, ChiefofPolice (date) Kristin K. Garrison, Town Manager TOWN OF HIGHLAND BEACH: (date) (date) Thomas J. Reid, Mayor (date) Anthony M. Cervasio, Chief of Police (date) Ben Saag, Town Manager TOWN OF JUNO BEACH: (date) (date) Robert C. Blomquist, Mayor (date) H.C. Clark, II, Chief of Police (date) Gail F. Nelson, Town Manager (date) (date) 7 TOWN OF JUPITER: Karen J. Golonka, Mayor (date) Richard J. Westgate, Chief of Police (date) (date) TOWN OF JUPITER INLET COLONY: (date) John Miner, Mayor (date) Randall J. Parker, Chief of Police (date) (date) TOWN OF LAKE CLARKE SHORES: (date) Malcolm Lewis, Mayor (date) William W. Smith, III, Chief of Police (date) Joann Hatton, Town Manager TOWN OF LAKE PARK: (date) (date) William H. Wagner, Mayor (date) Jeffrey Lindskoog, Chief of Police (date) CITY OF LAKE WORTH: (date) (date) Thomas Ramiccio, Mayor (date) William E. Smith, Chief of Police (date) (date) (date) 8 TOWN OF LANTANA: Michael Bornstein, Town Manager (date) Robed W. Chalman, Jr., Chief of Police (date) TOWN OF MANALAPAN: (date) (date) Gerald Kent Shortz, Mayor (date) Wilbur C. Walker, Director of Public Safety (date) Lori LaVerriere, Town Manager TOWN OF MANGONIA PARK: (date) (date) Alan J. Palmer, Mayor (date) Joseph vonDembowski, Chief of Police (date) (date) VILLAGE OF NORTH PALM BEACH: (date) Joseph A. Tringal, Mayor (date) Earl L. Johnson, Chief of Police (date) TOWN OF OCEAN RIDGE: (date) (date) Gail Adams Aaskov, Mayor (date) Edward G. Hillery, Jr., Chief of Police (date) Gregory L. Dunham, Town Manager (date) (date) 9 CITY OF PAHOKEE: - Roy Singletary, Mayor (date) Gary J. Frechette, Chief of Police (date) Kenneth Schenck, City Manager TOWN OF PALM BEACH: (date) (date) Lesly S. Smith, Mayor (date) Frank A. Croft, Chief of Police (date) Thomas G. Bradford, Acting Town Mgr (date) Jack McDonald, President, Town Council (date) PALM BEACH COUNTY SHERIFF'S OFFICE: (date) Edward W. Bieluch, Sheriff (date) (date) PALM BEACHCOUNTYSCHOOLDISTRICT: (date) Thomas E. Lynch, Chairman (date) James P. Kelly, Chief of School Police (date) H. Benjamin Marlin, Superintendent (date) CITY OF PALM BEACH GARDENS: (date) Joseph R. Russo, Mayor (date) James O. FitzGerald, Chief of Police (date) (date) (date) 10 TOWN OF PALM BEACH SHORES: Thomas R. Mills, Mayor (date) Roger K. Wille, Chief of Police (date) VILLAGE OF PALM SPRINGS: (date) (date) John M. Davis, Mayor (date) Jay C. Pickens, Director of Public Safety (date) Karl E. Umberger, Village Manager (date) CITY OF RIVIERA BEACH: (date) Michael D. Brown, Mayor (date) Jerry P. Poreba, Chief of Police (date) (date) VILLAGE OF ROYAL PALM BEACH: (date) David A. Lodwick, Mayor (date) Michael A. Bruscell, Sr., Chief of Police (date) CITY OF SOUTH BAY: (date) (date) Clarence E. Anthony, Mayor (date) Danny D. Jones, Chief (date) (date) (date) 11 TOWN OF SOUTH PALM BEACH: Beverly Savin, Mayor (date) Roger M. Crane, Chief of Police (date) VILLAGE OF TEQUESTA: Joseph Capretta, Mayor (date) (date) Stephen J. Allison, Chief of Police (date) (date) CITY OF WEST PALM BEACH: (date) (date) Joel T. Daves, Mayor (date) Ric L. Bradshaw, Chief of Police (date) (date) (date) 12 Attachment I Atlantis Police Department Belle Glade Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Greenacres Police Department Gulfstream Police Department Highland Beach Police Department Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lake Park Police Department Lake Worth Police Department Lantana Police Department Manalapan Police Department Mangonia Park Police Department North Palm Beach Police Department Ocean Ridge Police Department Pahokee Police Department Palm Beach Police Department Palm Beach County Sheriff's Office Palm Beach County School District Police Department Palm Beach Gardens Police Department Palm Beach Shores Police Department Palm Springs Police Department Riviera Beach Police Department Royal Palm Beach Police Department South Bay Police Department South Palm Beach Police Department Tequesta Police Department West Palm Beach Police Department £1T¥ I)F DELRI:I¥ BEI:I£H DELRAY BEACH NI-AmericaCity 1993 100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 . 561/243-7000 MEMORANDUM TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Palm Beach County Florida Boating Improvement Program DATE: December 19, 2000 Attached please find an agreement with Palm Beach County and the Florida Boating Improvement Program for the City to receive a grant in the amount of $70,000 for the purchase of the Odabachian property. We have also received a $70,000 grant from the Florida Inland Navigation District for the purchase of this property. The City Attorney's office has reviewed the Agreement for legal sufficiency (see attached memorandum). Please place this on the January 2, 2001 agenda for City Commission consideration. J.~Weldon Director of Parks and Recreation Attachments cc: Nilza Madden Agenda Coordinator JW:cp Ref:fbip$cc THE EFFORT ALWAYS MATTERS AGENDA ITEM NUMBER: Request to be placed on: AGENDA REQUEST Date: December 19, 2000 XX Regular Agenda __ Special Agenda __Workshop Agenda When: January 2, 2001 Description ofagendaitem: Request approval of and Mayor signing two original Palm Beach County Florida Boating Improvement Program Project Agreements for $70,000 for the balance of the purchase of the Odabachian property. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO X NO X Recommendation: Approve and sign Agreements. Department Head Signature:i~q~om/~'~--prehensive Plan: -j Determination of Consistency w City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:~ ~ No Hold Until: Agenda Coordinator Review: Received' Action: Approved Disapproved (if applicable) £1TY I)F DELR;IY BE;ICH CITY ATTORNEY'S OFFICE DELRA¥ BEACH 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect Line: 561/243-7091 Ali.America City TO: FROM: December 14, 2000 Joe Weldon, Director of Parks and Recreation Brian Shutt, Assistant City Attorney SUBJECT: Florida Boating Improvement Agreement I have reviewed the attached agreement and it is legally sufficient. Please call if you have any questions. DEC 1 8 2000 Department of Parks and Recreation 2700 6th Avenue South Lake Worth. FL 33461 (56 I) 066-6600 FAX (561) 642-2640 wwwco palm-beach fl us Palm Beach County Board of County Commissioner's Maude Ford Lee. Chart Warren Ft Newell. V~ce Chairman Karen T Marcus Carol A Roberts Mary McCarty Bun Aaronson Tony Masdottt County Administrator Robert We~sman 'An Equal Opportunity Aff~rmanve acnon Employer' November 14, 2000 Mr. Joe Weldon, Parks & Recreation Director City of Delray Beach 100 NW 1st Ave. Delray Beach, FL 33444 RE: Palm Beach County Florida Boating Improvement Program Funding for Acquisition of Odabachian Property Dear Mr. Weldon: This is to advise you that on October 31, 2000, the Board of County Commissioners approved the allocation of $70,000 from Palm Beach County - Florida Boabng Improvement Program (FBIP) funding for acquisition of property by the City of Delray Beach for a new boatramp park. The Board also directed staff to prepare the necessary standard FBIP Agreement for the project. In accordance with this d~rective, we are attaching two originals of an FBIP Agreement for the purchase of the Obadachian property, as described in exhibit A to the Agreement. Please have the Agreement executed by the City Commission and return both complete originals along with the required insurance certificate or statement of self insurance (see Agreement section 12). Upon return of these materials we will execute the Agreement on behalf of the Board of County Commissioners. The Agreement has been written to allow for the reimbursement of eligible pre-Agreement expenses incurred subsequent to September 20, 2000, since the purchase of the property was anticipated to take place shortly after that date. I am also enclosing a copy of Palm Beach County - Florida Boating Improvement Program Resolution 99-77. The Resolution includes the procedure for processing a reimbursement request. Required accounting/reimbursement forms are included as exhibits to the Agreement and you will need to complete the applicable forms prior to reimbursement. You may submit the reimbursement request after the fully executed Agreement has been returned to the C~ty. If you have any questions on this procedure or any questions about the Agreement or the reimbursement process, please contact Susan Y~nger, Contract/Grant Coordinator, at 561- 966-6653. Dennis L. Eshleman, Director Parks and Recreation Department DLEtSWY Attachment Copy to' Commissioner Mary McCarty, District 4 David Harder~, City Manager Bdl Wilsher M~ke Martz .... ,- ~ ·" ~ pnnfed on recycled paper PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT AGREEMENT THIS AGREEMENT, is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, in accordance with Section 327.25, Florida Statutes, the Florida Department of Highway Safety and Motor Vehicles ("FDHSMV") collects vessel registration fees for vessels required to be registered in the State of Florida; and WHEREAS, in accordance with Section 327.25(16), Florida Statutes, said vessel registration fees are returned to Counties for the purpose of providing recreational channel marking, public launching facilities, and other boating related activities; and WHEREAS, the Board of County Commissioners has adopted Resolution No. R-99-77 establishing the Palm Beach County Florida Boating Improvement Program ("FBIP"); and WHEREAS, said FBIP specifically provides for the County's allocation of vessel registration fees to municipalities for the purpose of funding eligible boating related projects; and WHEREAS, the City has submitted a Project Application requesting FBIP funds in an amount not to exceed $70,000 for use toward an eligible project; and WHEREAS, funding is available from FBIP funds; and WHEREAS, the parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements expressed herein, the parties hereby agree as follows: 1. This Agreement shall be performed in accordance with Section 327.26(16), Florida Statutes, and Palm Beach County Resolution No. R-99-77 which are hereby incorporated by reference as if fully set forth herein. 2. The term of this Agreement shall be for a period of twenty five (25) years commencing upon the date of full execution by the parties hereto. 3. a. The County hereby agrees to pay the City an amount not to exceed $70,000 on a reimbursement basis for costs associated with the City's eligible boating related project which includes acquisition of the Odabachian Property south of Knowles Park in Delray Beach, hereinafter referred to as "Project", as more fully described in "Exhibit A" attached hereto and incorporated herein. b. The County and the City hereby agree that there shall be no reimbursement of funds by the County for any expenditure made prior to the effective date of this Agreement with the exception of $70,000 for the following G :~SYI NGER~FBIP.PBC~Iel r ay~gr.wpd 1 expenditures: purchase of the Odabachian property subsequent to September 20, 2000, as described in Exhibit "A". 4.The County shall use its best efforts to provide said funds to the City within forty-five (45) days of receipt of the following information: a. A Notice of Limitation of Use form as provided by the County, that has been filed with the deed to the property in the Public Records of Palm Beach County; b. A Project Completion Certification form as provided by the County; c. A photograph of a permanent project identification sign which has been erected at the project site crediting the FBIP program as a source of project funding. d. Project reimbursement forms provided bythe County as applicable: Actual Cost Contract Payment Request, Contractual Services Purchases Schedule, Salaries and Wages Schedule, Direct Material Purchases Schedule, Material Grantee Stock Material Cost Schedule, and Grantee Equipment Costs Schedule. 5. The City is fully aware and understands that the County's performance and obligation to pay under this Agreement is contingent upon funding by the FDHSM¥ through its annual appropriation of vessel registration fees. 6. The City shall complete the Project and provide accounting data to County for same on or before six (6) months from the date of execution of this Agreement by the parties hereto. Upon written notification to the County at least ninety (90) days prior to the expected completion date, the City may request an extension beyond this period for the purpose of completing the Project. The County shall not unreasonably deny the City's request for said extension. 7. The City shall submit to County quarterly status reports on the Project Status Report form provided to City by the County. 8. The City hereby agrees that any and all asphalt paving performed by the City within the scope of the Project shall conform with the State of Florida Department of Transportation's specifications for materials. 9. The City shall maintain books, records, documents, and other evidence which sufficiently and properly reflect all costs of any nature expended on the Project as funded pursuant to this Agreement for a period of not less than three (3) years. Upon advance notice to the City, the County shall have the right to inspect the Project as well as the right to inspect and audit said books, records, documents and other evidence pertaining to the Project during normal business hours. 10. Upon completion, the City hereby agrees to dedicate the Project for public recreational use for a period of twenty five (25) years from the date of full execution of this Project Agreement. The City shall record the Project Agreement and a Notice of Limitation of Use including said dedication in the Public Records of Palm Beach County. 11. The City warrants that the Project shall be open to all Palm Beach County residents on a non-discriminatory basis regardless of residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 12. Upon completion of the Project, the City shall erect a permanent sign or plaque in accordance with Resolution No. R-99-77 crediting the FBIP as a source G:~SYINGER\FBIP.PBC~delray~.gr.wpd ~ of funding. Said sign or plaque shall be erected at the completed Project where placement is feasible. 13. The City hereby agrees that it shall be responsible for all costs of operation and maintenance of the Project for the term of this project Agreement. 14. The County shall have the right to terminate this Agreement due to City's non-compliance with the terms and conditions hereof or with non-compliance with Resolution No. R-99-77. Upon said termination, the City shall refund the County all FBIP funds tendered for the Project, plus applicable interest in accordance with Resolution No. R-99-77. A determination of non-compliance by the County may result in the CITY being ineligible for fudher FBIP funding until a time certain and/or under certain conditions as designated by the County. The City may request termination of this Agreement and the County, at its sole discretion, may elect to acceptsaid termination. In such instance, the City shall refund the County all FBIP funds used on the Project, plus applicable interest in accordance with Resolution No. R-99-77. 15. Within the extent permitted by law, the City shall indemnify and hold the County harmless from and against any and all loss, suit, action, legal or administrative proceeding, claim, demand, damage, liability, interest, attorney's fee, cost and/or expense of whatsoever kind or nature arising in a manner directly or indirectly related to the City's performance of this Agreement. However, the City does not indemnify the County from and against any and all loss, suit, action, legal or administrative proceeding, claim, demand, damage, liability, interest, attorney's fee, cost and/or expense due to the County's negligence or willful misconduct. The liabihty limits set forth in Section 768.28, Florida Statutes, shall not be waived. 16. Prior to execution of this Agreement by the County, the City shall provide either a certificate evidencing insurance coverages as required herein or a statement of self insurance from the City's Risk manager. The City shall, during the term of this Agreement and any extension hereof, maintain in full force and effect self insured or commercial general liability insurance, including contractual liability and completed operations liability, in the amounts specified in Section 768.28, Florida Statutes, to specifically cover all exposures associated with the Project and terms and conditions of this Agreement. Where permissible with respect to the above coverage, such policy shall include Palm Beach County as additional insured. All policies shall contain a clause providing the County with at least thirty (30) days prior notice in the event of cancellation, non-renewal, or material adverse change in coverage. Compliance with the foregoing requirements shall not relieve the City of its liability and obligations under this Agreement. 17. This Agreement represents the entire agreement of the parties and there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 18. The parties may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the laws of the State of Florida, and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. G:~SYINGER~FBIP.PBC~delray~Agr.wpd ~ 20. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following: As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to the CITY: City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FI 33444 THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK G'~SYINGE~\FBIP. PBC~delray~Agr.wpd 4 IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: DOROTHY H. WILKEN, CLERK PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By:. By: Deputy Clerk Chair ATTEST: By: By:.. City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. County Attorney G:~SYINGER~FBI P.PBC~delr ay~Agr.wpd ~ Date Received: PALM BEACH COUNTY FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT APPLICATION Part A: Identification Application Information Municipality: City of Delray Beach Project Name: Land Acquisition Project-Odabachian Property Project Liaison: Title: Address: Telephone: Joe Weldon Director of Parks and Recreation 50 NW 1 st Avenue Delray Beach, Florida (561) 24.3-7251 Zip Code: 33444 I hereby certify that the information in this application is true and accurate. Signature: ~ ~ ~ Date: ~} I I~-[~-Oa~ Project Information FBIP Amount Requested: $, 70,000 Project Type (check one) Acquisition X Development Retroactive ~/~ q-go-vd Site Control (check one) Acquiring X Leased Own If Leased, Date of Expiration: Brief Project Description: The City of Delray Beach currently has one park, Knowles Park, with boat ramp access to the Intracoastal Waterway. However, this park is heavily used and does not provide enough boat ram0s or oarking to satisfy demand. This past April the City leased from the Florida Inland Navigation District 4.09 acres for the develop .meat ora second Intracoastal park. This property is located on. the east side of U.S. 1 just south of Knowles Park between the Delray Harbor Club and Harbourside. The lease with F.I.N.D. is for 30 years3vith an_option to renew for 25 years, at a cost of $1.00 p.er year. The City has a 24' ease~nent offFederal Highway to the 4.09 acres. The Odabachian property fronts on Federal Highway and is contiguous to the 4.09 acres and its easement and would allow the City to improve its access and provide for additional parking. The Odabachian property_ is approximately one-third of an acre (16,322 squ.are fe.e.t) and the purchase price is $1..40,000. The City has been tentatively approved a grant for $70,000 .from the Florida .Lnland Navigation District. We are asking that this grant be retroactive as we anticipate closing on the property before the Florida Boating Improvement Program grant request is approved. EXHIBIT 'A' PALM BEACH COIYNTY FLORIDA BOATING IMPROVEMENT PROGRAM PROJECT APPLICATION Page 2 Part B: Development Project Description Type and Estimated Cost of Proposes Development by Facility: Quantity Estimated Facility (Number and/or Cost Footage) This is a land acquisition project. The land is approximately one-third of an acre (16,322 square feet) and the purchase price is $140,000.00. We have been tentatively approved for .a $70,000.00 grant from the Florida Inland Navigation District. Location Map: Site Plan: Boundary Map: Attachments (Required prior to Application Consideration) Attach a detailed street, road or highway map locating the project site and provide driving instructions from the nearest intersection. Attach a legal sized conceptual site plan displaying location of planned facilities, if applicable. Provide a boundary map clearly identifying the project boundaries. G :~YING ER~IBITA A.2 Doc/boating Print map Page I of I Print this page using the print function in your browser. ---OdabachJ Propert~ ). edla.com' Donl just trav~. Travel O 200Q Mlcrosof~ Cofpomttm and/or Its mJpp~erL All dphl~ reserved. O 1999 Nav~ga~on Tec:hno~ogtes. Ali r~phta reserved C~ Copyright 1999 by AND Data B.V All rights reserved. Certain mapping end direction deta provided under license by Geographic Dat~ Tecimology and is copyright ~ 1999 Geograpl',c Data Technology. lnc. all ~tghts reserved. 2000 ExpedP,, Inc All rlghta ~ ~;x=~lla.com terms of usa Prhmcy policy ', :-~.,. :.' ..... I! !! .,'~'": :-----~: I [ , ii 7 ,4 ,r-._,, -~'"~ 17) ' "~' "' -.,~ '-"'"g"C'._'-,~. .... ~. --..'~...:.%.._ ..~,,..:. .-..~, .:..., ~. ./ '"--::: ..... - -... ~ ' .~, '...... .....7.'.;... ~AL 81::RV~.F.~ MSA 650 PARK & 19OAT RAMP FLORAND, TRAILER ~ARK THE AT DEL R4 Y OLD HARBOUR PLAZA HARBOUR D~AINE DELRA Y TREE bfLLAGE HARBOUR$ EDGE -- I HARBOURS EDGE LINTON BOULEVARD N ODABACHIAN PROPERTY MEMORANDUM TO: FROM: THRU: DATE: David T. Harden, City Manager Kenneth L. Thomas, Community Development Coordinator Lula Butler, Community Improvement Director/f/~ December 26, 2000 SUBJECT: Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue a subsidy to one (1) eligible applicant under the Delray Beach Renaissance Program. The subsidy represents the 116th homeownership assistance grant provided under the City Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. RECOMMENDATIONS Staff is recommending City Commission approval to fund a subsidym for one (1) eligible applicant of the following property: (New Construction) XXX SW 6 Avenue - $19,000 Lot 24, Block 6, Rosemont Park Agenda Item No.: ~'. ~. AGENDA REQUEST Request to be placed on: Regular Agenda Special Agenda Workshop Agenda xxxxx Consent Agenda Date: December 21, 2000 When: January 2, 2001 Description of item: Authorization and approval to issue a subsidy to one (1) eligible applicant under the Delray Beach Renaissance Program totaling $19,000.00. Note: Margaret M. Flint ($19,000) represents the 116th homeownership assistance grant provided under the Renaissance Program to date. Recommendation: Staff recommends approval of one (1) subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total: $19,000.00 Account Number: 118-1924-554.83-01 Department Head Signature: ~f~~~ City Attorney Review/Recommendation (if applicable): City Manager Review: Approved for Agenda: Hold Until: Budget Director Review (required on all items invo~enditure of\funds): Funding Available: ~NO '~~ Funding Alternatives: .(if applicable) Account No. & Description: Account Balance: ~,:aoo \:~o. Agenda Coordinator Review: Received: Placed on Agenda: DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 68.02 NAME Margaret M. Flint PROPERTY ADDRESS xxx SW 6th Avenue, Delray Beach LEGAL DESCRPTION Lot 24, Block 6, ROSEMONT PARK, PB 13, PG 60 % OF AREA MEDIAN HOUSEHOLD INCOME 57% FIRST MORTGAGE RATE 7.35 % LTV 84.58 % PROJECT/SUBSIDY BREAKDOWN COST OF CONSTRUCTION COST OF LOT COST OF EXISTING UNIT Estimated Pre-paids (Lender 1003) Estimated Closing Costs (Lender 1003) TOTAL TRANSACTION: FIRST MORTGAGE TOTAL SUBSIDY Second Mortgage $16,000.00 Developer's Fee $ 3,000.00 $89,500.00 $11,000.00 N/A $ 1,792.00 $ 4,435.00 $106~727.00 $ 85,000.00 $16,000.00 THIRD MORTGAGE OTHER CREDITS $ 500.00 NO. IN HOUSEHOLD 3 (including rehabilitation costs) Community Financing Consortium City of Delray Beach SHIP Lot Deposit Estimated Cash To/From Borrower $ 5,227.00 (Lender 1003) S W 5RD CT SW NORTHL-~ CIRCLE I AUBURN IHAITIAN CA THOLIC (":.HI leah DELRA Y BEACH MEMORIAL GARDENS S.W. III 4TH S W. 6TH SW II 7TH MERRI TT PARK ST DRUG ABUSE FOUNDATION OF PALM BEACH COUNTY CITY OF DELRA Y BEACH PUBLIC WORKS COMPLEX sT WA TER TREA TMEN T I ,~ S W 7TH ST J S w 8TH ST. S w 8TH COURT S W 8TH I I II S W 9TH S w 9TH lOTH PINE GROVE ELEMEN TAR Y SCHOOL cT STREET [ II I~1 II Iol III N CITY OF DELRAY BEACH, FL PLANNING ,~ ZONINGDEPARTMENT -- OIGITA/. ,~.,4SE ~ SYSTEM -- COMMUNITY REDEVELOPMENT AGENCY OWNED LOT 12.-43-46-20-14-006-0240 MAP REF LM487 MEMORANDUM TO: MAYOR AND CITY COMMISSION FROM: ~ CITY B, LANAGER SUBJECT: AGENDA ITEM ~/t./ -REGULAR MEETING OF JANUARY 2, 2001 REVIEW OF APPEP, I.ABLE LAND DEVELOPMENT BOARD DATE: ACTIONS December 27, 2000 Attached ~s the Report of Appealable Land Use Items for the period December 11th through December 29, 2000. It informs the Comrmss~on of the various land use acnons taken by the designated boards that may be appealed by the C~ty Comrmss~on. Recommend review of the appealable actions for the period stated. Recmve and file the report as appropriate. ]{cf Apa.t,n'ncmo/Appcalablc~/01 02 01 THRU: PAUL DORLING, IF~-~NING AND ZONING DIRECTOR FROM: /JASMIN ALLEN, PLANNER SUBJECT~ MEETING OF JANUARY 2, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS DECEMBER 1 l, 2000 THRU DECEMBER 29, 2000 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of December 11, 2000 through December 29, 2000. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Board. The following items, which were considered by the Board, will be forwarded to the City Commission for action. [3 Recommended approval (5 to 0, Stark and Morris absent), of a conditional use request to allow the establishment of a gasoline station with eight pumping islands with each island containing two fueling positions and a 208 square foot prefabricated attendant building for Murphy Oil within the Wal-Mart Center, located on the west side of Military Trail, approximately 1,160 feet south of Linton Boulevard. City Commission Documentation Appealable Items Meeting of January 2, 2001 Page 2 Recommended approval (4 to 1, Bird dissenting), of a conditional use modification associated with the expansion of the Community Primitive Baptist Church, located approximately 250 feet north of West Atlantic Avenue, between NW 10th and 11th Avenues. Recommended approval (5 to 0), of an amendment to the Land Development Regulations Section 4.6.17 and Section 6.1.9 regarding erosion, soil, sediment and dust control. Recommended approval (4 to 1, Bird dissenting) of a six month moratorium on convenience stores in the Downtown Development Authority area, within the GC (General Commercial) and CBD (Central Business District) zoning districts. A. Approved (5 to 0, DeCapito and Friess absent), a request for a color change for existing awnings and wood gates within the courtyard for Patio Beach Condominium, located at the southeast corner of Gleason Street and Bay Street (303 Gleason Street). B. Approved (5 to 0), a request for a color change for Delray Beach Property, Inc., an existing commercial building located at the southwest corner of East Atlantic Avenue and Bronson Avenue (1126-1136 East Atlantic Avenue). C. Approved with conditions (5 to 0), a request for a Class V site plan, landscape plan and architectural elevation plan for Coconut Key, a proposed 69 unit townhouse development, located 280' south of West Atlantic Avenue, approximately 1000 feet west of Military Trail. Concurrently, the Board approved the following internal adjustments: · Reduced the building separations from 25 feet to 15 feet. · Reduced the front yard setback from 25 feet to 20 feet. · Permitted vehicles to back out onto the street within the subdivision that has more than 200 ADT (Average Daily Trips). C. Approved (4 to 0, Perez-Azua, Friess and Eliopoulos absent), three color schemes for Coconut Key, a proposed 69 unit townhouse development, located 280' south of West Atlantic Avenue, approximately 1000 feet west of Military Trail. D. Approved (4 to 0), a request for a color change for Kokopelli Building, an existing mixed use building located on west side of NE 6th Avenue, between NE 1st and 2nd Streets (124 NE 6th Avenue). City Commission Documentation Appealable Items Meeting of January 2, 2001 Page 3 Eo Fo Go Approved (4 to 0), a request for a color change for Bennett Auto Supply, an existing commercial building located at the southwest corner of NE 6th Avenue and NE 3rd Street (298 NE 6th Avenue). Approved (4 to 0), a request for a color change for Azalea House Apartments, located on the east side of NE 8th Avenue, approximately 950 feet north of George Bush Boulevard (at 1021 NE 8th Avenue). Approved (4 to 0), a Class I site plan modification associated with the installation of a temporary modular office building and restroom facility for the Delray Swim and Tennis Club, located on the west side of Jaeger Drive, north of Egret Circle (2350 Jaeger Drive). Approved (4 to 0), a waiver request to reduce the perimeter landscape strip for the proposed Roof-n-Rack office, a manufacturer of storage racks for boats, located on the west side of Wallace Drive, approximately 75 feet north of Royal Palm Drive (1040 Wallace Drive). Approved (4 to 0), a Class V site plan and landscape plan for Tropic Isles Townhomes, a proposed 6-unit townhouse development located at the northwest corner of Frederick Boulevard and Avenue "H". The architectural elevation plan was tabled to allow the applicant to address the provision of additional architectural details to the building. Approved (5 to 0, Bodker and Sloan absent), a request for a Certificate of Appropriateness associated with the renovation and a 746 sq. f. addition to a contributing single family residence located at 227 NE 1st Avenue. By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - JANUARY 2, 2001 GULF STRE4M BLVD. L-3O CANAL i i LAKE iDA ROAD ,-.-.~.-]t- - ....... _r : ! i i ~'-' L ...................... .. · [. ..... i LOW, ON BOULEVARD UNTON BOULEVARD .................. ~.7,'ri~F' ...................... N.W ~$~. S W. 2ND ST C-15 CANAL SW.. UNTON S.P.R.A.B: A. PA TIO BEACH CONDOMINIUM B. DELRA Y BEACH PROPERTY, INC. C. COCONUTKEY D. KOKOPELD BUILDING E. BENNETT AUTO SUPPLY F. AZALEA HOUSE APARTMENTS G. DELRAY SWIM & TENNIS CLUB H. ROOF-N-RACK I. TROPIC ISLES TOWNHOMES H.P.B: 1. 227N. E. 1STAVENUE ....... ,- CITY UMITS ONE MILE GRAPHIC SCALE CITY OF DELI[AY BEACH, FL PLANNING & ZONING DEPARTMENT 2OO0 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS TY MANAGER AGENDA ITEM ~. _T - REGULAR MEETING OF JANUARY 2, 2001 AWARD OF BIDS AND CONTRACTS DECEMBER 28, 2000 This is before the City Commasslon to approve the award of the following bids and contracts: Bid award in the approximate amount of $20,874.00 to Diana Food Group for the out-of- school program snack bid, with funding from 115-2122-521-52.20 (Weed & Seed Grant - General Operating Supplies). Purchase award in the amount of $17,249.00 to Compaq Computer Corporation, via State of Florida contract, for the purchase of a Compaq network server computer to replace the existing main network server whtch is running at 95% capacity. Funding is available from 334-6112- 519-64.11 (General Capital R&R - Computer Equipment). Bid award at an esnmated annual cost of $16,500.00 to USA Charter as primary contractor and to Blackwell's Tractor Sermces as secondary (backup) contractor for Code Enforcement nuisance abatement (lot clearing and mowing), with funding from 001-2741-524-34.30 (Code Enforcement - Lot Mowing/Cleating). Recommend approval of the bid and contract awards hsted above. Ref:Bid.Agmemo.01.02.01 AGENDA ITEM NUMBER: '~" --~'. /- Request to be placed on: AGENDA REQUEST Date: December 18, 2000 XX Regular Agenda __ Special Agenda Workshop Agenda When: January 2, 2001 Description ofagenda Eem: Request awarding Bid #2001-01 to the low bidder, Diana Food Group, in the approximate amount of $20,874.00 for Out of School snacks until the end of the fiscal year. This will be funded out of account #115-2122-521-52.20. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO X NO X Recommendation: Award Bid #2001-01 to Diana Food Group. /'% Determination of Consistency w~omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all/items involving expenditure of funds): Funding available: Yes ~/ No Funding alternatives: Account Number: Account Description: Account Balance: (if applicable) City Manager Review: Approved for agenda:~ Hold Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved A DELAA¥ B;ACH MEMORANDUM Through: From: Date: Reference: Jackie Rooney Purchasing Supervisor Joe Weldon ~ Director of Pa~cs and Recreation Rodger R. Ribeiro, CPRP Recreation Superintendent ,-t ~ December 18, 2000 Out of School Program Snack Bid - Bid #2001-01 I would like to recommend the Diana Food Group from Pompano Beach, who was the low bid of the three vendors that I submitted for formal bids for the Out of School Snack Program. The estimated total for the balance of the fiscal year with the exception of summer camp would be $20,874.00 and funded out of the Weed and Seed Account #115-2122-521-52.20, Project QX0108, Operating Supplies, balance $26, 880.00. Listed below are the bids from the three vendom: Diana Food Group - $.49/snack X 300 snacks = $147.00/day Tomasso Enterprises, Inc. - $.60/mack X 300 snacks = $180.00/day Appetites, Inc. - $.65/snack X 300 snacks = $195.00/day I have checked with their four references and they all highly recommend the Diana Food Group. I also called Seth Freedman, president of the Diana Food Group, concerning delivery and quality of snacks. Attached please find an agenda request for City Commission consideration the January 2, 2001 agenda. Thank you for all of your assistance during the bid process. If you have any questions, please call me at extension 7256 or e-mail at ribeiro@ci.delray-beach.fl.us Joe Dragon, Assistant Director of Parks and Recreation Andrew Sargeant, Out of School Director File Atta~h'nents SCHEDULE OF PRICING BID FORM CITY OF DELRAY BEACH BID #2001-01 OUT OF SCHOOL SNACK PROGRAM UNIT PRICE PER SNACK AS SPECIFIED IN THE ATTACHED DETAILED SPECIFICATIONS AND DELIVERED TO THE TWO (2) LOCATIONS LISTED IN THE SPECIFICATIONS: UNIT PRICE QUANTITY TOTAL PER SNACK PER DAY PER DAY $ .49 EA. X 300 : $ 147.00 Please list the snacks your company will provide for this Out of School Snack Program: I cup milk per snack, 1 oz muffin on monday. 4 hony araham cr~qkers on tuesday, 1.8 f~? bar on wmdnmmdmy: 1.K ~z SCHEDULE OF PRICING BID FORM CITY OF DELRAY BEACH BID #2001-01 OUT OF SCHOOL SNACK PROGRAM UNIT PRICE PER SNACK AS SPECIFIED IN THE ATTACHED DETAILED SPECIFICATIONS AND DELIVERED TO THE TWO (2) LOCATIONS LISTED IN THE SPECIFICATIONS: UNIT PRICE QUANTITY TOTAL PER SNACK PER DAY PER DAY $ ,,, ~O EA. X 300 = $ /"~' -~ Please list the snacks your company will provide for this Out of School Snack Program: 22 SCHEDULE OF PRICING BID FORM CITY OF DELRAY BEACH BID #2001-01 OUT OF SCHOOL SNACK PROGRAM UNIT PRICE PER SNACK AS SPECIFIED IN THE ATTACHED DETAILED SPECIFICATIONS AND DELIVERED TO THE TWO (2) LOCATIONS LISTED IN THE SPECIFICATIONS: UNIT PRICE QUANTITY TOTAL PER SNACK PER DAY PER DAY Please list the snacks y_our company ~vill provide for this Out of School Snack Program: I 22 AGENDAITEM NUMBER: Request to be placed on: XX Consent Agenda When: January 2, 2001 Description of agenda item: AGENDA REQUEST Special Agenda Date: December 26, 2000 __ Workshop Agenda City Commission is requested to approve award to Compaq in the amount of $17,249.00 for the purchase of a Compaq Network Server computer Pricing ~s per State of Florida Contract 250-040-99-1. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: The Management Information Systems Department recommends the purchase of the Compaq Network Server computer from Compaq for a total amount of $17,249.00 per the State of Florida Contract, 250-040-99-1. Funding for this purchase will be taken from account number 334-6112- 519-6411 ~ ~ Department Head Signature: / /~,:~ _ (/ - \ Determination of Consistency wit_h,~omprehensive Plan: - City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ No Funding alternatives: Account Number: Account Description. Account Balance: City Manager Review: Approved for agenda' Yes ~ (if applicable) Hold Until' Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. NUMBER: Memorandum To: Thru: From: Date: David T. Harden, City Manager Joseph Sa~mmce Director Richard Zuccaro, MIS Manage~.~ December 19, 2000 Subject: Consent Agenda Item Requesting Commission approval to purchase a Compaq Network Server computer (State Contract # 250-040-99-1) in the amount of $17,249 (quote GA102930 attached), to replace our main network server (MISRV001) which is running at 95% capacity. The replaced server will be used as a secondary server dedicated to running System Management Server (SMS) which is currently split between two servers and therefore not very efficient and troublesome to support. Funding for this server was approved in the Fiscal 00-01 budget (Repair & Replacement Fund). Thank you. GEM .D.IRECT - COMPAQ 12/19/2000 8:19: PAGE 005~7 COMPAQ Compaq Computer Corporation - 20555.¥tate ~l~hwqv 249-.ITC 590301 - Houston. TX 77070 Government - Education - Medical Sales PRICE QUOTATION Quote Number. GA102930 December 19, 2000 Provided by. Rene Porter Page 1of 3 Jennifer Reynolds City of Oelray Beach Contract:. Florida State Term Contract (250-040-99-1) Product availability and product discontinuation is subject to change without notice_ The pdces in this quotation are valid for 30 days fr(xn quote date abow_ Please include the quote number from this quote on the corresponding purchase order. Jennifer, t belkwe all parts am Included. Sorry, about the confusion. Please ca//me dimctly at ext 15526 for asststance or modiflcationsl Rene' 193706-001 ProLiam DL380 Pemium 1 $4,648.00 $4,648.00 III1GHz/t28MBI32X/256K/Array128MB Ram, Processor- PIll/1000 Intel Pentium III 1GHz Pmce~_;or 256KB level 2 ECC cache 128MB PC133 MHz Registered ECC SDRAM standard NC3163 Fast Ethernet NIC (embedded) PCI 101100 VVOL Integrated Smart Array Controller 218.4GB max intenal storage High Speed IDE CD-ROM Drive 187602-B21 Pentium III 1GHz Processor Kit (ML370 and DL380) 1 $1,566.00 $1,566.00 128277-B21 126 Reg 133MHz SDRAM DIMM 128 Reg 133MHz SDRAM DIMM 2 $300.00 $600.00 128278-B21 256 Reg 133MHz SDRAM DIMM 256 Reg 133MHz SDRAM DIMM I $594.00 $594.00 128279-B21 612 Reg 133MHz SDRAM DIMM 512 Reg 133MHz SDRAM DIMM t $1,366.00 $1,366.00 142673-B22 18.2GB Pluggable Wide Ultra3 SCSI Universal 10K rpm 6 $672.00 $4,032.00 HDD l-in 18.2GB capacity Wide Ultra3 SCSI Hot-pluggable 10,000rpm marion speed New Compaq LVD drive carder (3.5-in x 1-in form factor), for use with Compaq hot-pluggable Ultra2/Ultm3 servers and storage systems 119826-B2t StorageWorks Enclosure 4200 Redundant Power Supply t $216.00 $216.00 Option A second redundant power supply is recommended for higher levels of a~ailability I Ncte: This ~tem ~s not on I~e cmtract quoted 2 Note: Thfs item has been ~sconhnued Nde: Hardware warrant~es are extended only to the er;ojnal o~e~ Notebooks ca'n/a world ~de warranty a~l other products are warranted In the dS only Saes taxes added where apphcable Freght ts FOB Destmahon QEMo~IBECT.- CQMPAQ [2/19/2000 8:19: PAGE 008/7 COMPAQ Compaq Computer Corporation - 20555 State l~ighwm. 249 - MC 590301 - Houston, T.¥ 77070 Government - Eduoafion - Medioal Sales RightFAX PRICE QUOTATION Quote Number. GA102930 December fO, 2000 Provided by:. Rene Porter Page 2of3 Jennifer Reynolds City of Delray Beach Contract:. Florida State Term Contract (250-040-99-t) Product availability and product disconl~nualion is subject to change w~thout notice. The prices in this quotali~n are valid for 30 days from quote date above_ Please ,.nclude the quote numbe~ frmn this qu~e on the corresponding purchase order. 133749-B21 IBM 1614 TR PCI Special NIC The IBM 16/4 Token Ring PCI Special Adapter pro~les a Wake on LAN (WOL) feature that enables PCs to be powered up remotely for after hours and remote site maintenance. The IBM 16/4 Token Ring PCI Special Adapter is built on IB~ flagship technology and is designed to decrease cost while increasing performance for customers in a Token Ring en~ronment. The IBM16/4 Token Ring PCI Special NIC has features for both ProLiant Ser,~er/Es and Deskpro PC/Es customers. I $192.00 $192.00 103826-002 CarePaq 4YR 5X9 4HR WORKGROUP SVR CarePaq, Uplift hardware warranty on Compaq Workgroup Server from 3 yrs limited warranty, best effort response, to 4 Ns same day on-site hardware maintenance, 4 hr response. Service will be provided M-F, 8AM-5PM local time, excluding locally observed Compaq holidays. Additional zone charges may apply if customer address is greater than 100 miles from service location. Service is available in U.S. only. Sen,ice includes options internal to enclosure. Configuration must be registered to be eligible for service. I $1,610.00 $1,610.00 153607-B21 2 Channel to 4 Channel Upgrade Kit for Smart Array 5300 Ultra3 Two Channel Expans~n Module Provides upgrade from 2 to 4 Channels for Smart Array 5300 Controllers 1 $470.00 $470.00 166207-B21 Smart Array 5302132 Controller Ultra3 2 channel PCI Array Controller board 32-MB Cache module Setup and Configuration Software Documentation 1 $t ,425.00 $1,425.00 143397-001 DL380 276 Watt HP RPS Module 275 Watt. CE Mark Compliant 1 $324.00 $324.00 I Note.' 2 Note: Note: Thfs item fs no~ on the contract quoted This item has been d~sce~t~nued Hardware warrant~es are extended only to the original a~,vner Note0ooks c~ry a world ~de warranty ail olher Droducts are warranted ~n the US only SaJes taxes added where applicable Fraght ~s FOB Destination GEM .~{RECT.- COMPAQ 12/19/2000 8:19: PAGE 007/7 COMPAQ Compaq Computer Corporation - 20555 State l:[~hwa, v 249 - MC 590301 - Houston. T.¥ 770 70 Government - Education - Medical Sales RightFAX PRICE QUOTATION Quote Number:. GA102930 December fg, 2000 Provided b~ Rene Porter Page $ of 3 Jennifer Reynolds City of Delmy Beach Contract: Florida State Term Contract (250-040-99-1) Product availability and product discontinuation is subject to change without nofict The prices in Ibis quotalion are valid for 30 days from quote date above. Please ,flclude the quote number from ~is quote on the corresponding purchase order. lb'7007-B21 ProLiant DL380 Media Bay Drive Cage (supports 2xl inch 1 $216.00 $216.00 U2 or (The ProLiant 0L380 Models can support up to six 1 ~ Ultra2 or Ultra3 hot plug drives on a single SCSI channel with the purchase of the optional 2 x 1 ~ Ultra2 Drive Cage _- -_~ (157007-B21).) Sub-Total $17,249.00 Note: Thanks for your business! TOTAL PRICE $t 7,249.00- I Note: Thru ~tem is not ~ the centract qucted 2 Note: Thisttem hasbeen cisc~tmued Note: HardwarewatTant~es are extended omy to the ~ojnai owner Notebooks carry a world ~de warranty all other products a~e ~rarranted in the -Somv Sales taxes added whe'e apphcable Fraght ~s FOB Destination oo oo =o. ~o~ ~o~ ~o~ ~ ~o~ ~o ~o ~o~ ~ o ~ o~ ~ ~o ~o~ ~ o ~ ~ 0~ 0~ ~ 0~ ~ 0~ o 0~ 0~ 0~ O~ O~Z O~ O~ O~ O~ O~ 000 0~o ~ ~H HQ ~H~ ~H~ ~H~ ~H~ ~H~ ~Z U ~ mHUz~ m~ Z~ Z~ ~ Z~ Zm Z ~ Z ~ ~H ~ ~Hm ~H~ ~H ~H~ ~H~ ~H ~H ~ ~ H H H H H H ~ H~ H H ~ H H~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ H q 0 H H ~ r..O 0 OZ O~H O~ b~ O~ Z 0 ~ g g 0000000000000 0000000000000 0 Z H H 0 o o ~OOZ~O O0 ~H~ 0~ ~O~Z .... ~ O~O[~H~ ~OHO~H Z~ O~ ~Z~O~ HI 0~O~ ?~ oo ~ 0 I ~Z 0 0 0 0 H H ° ~q 0~. :._] ~_~ ~ ~2q o m o ~. ~oZ 0 ~ g g too ~--~ AGENDA ITEM NUMBER. ~' '-~'' 3, Request to be placed on: XX Consent Agenda When: January 2, 2001 Description of agenda item: AGENDA REQUEST Special Agenda Date: December 28, 2000 __ Workshop Agenda City Commission is requested to approve award to USA Charter as primary contractor and to Blackwell's Tractor Services as secondary contract for Nuisance Abatements (Lot Clearing & Mowing) for Code Enforcement at an estimated annual cost of $16,500. ORDINANCE/RESOLUTION REQUIRED YES Draft Attached: YES NO NO Recommendation: The Code Enforcement Administrator and the Purchasing staff recommend award to USA Charter as primary contractor and to Blackwell's Tractor Service as secondary contractor Funding will be taken from account code 001-2741-524-3430. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Funding available. Yes ~ No o'~ Funding alternatives: (if apphcable) Account Number: Account Description. Account Balance: City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. NUMBER: PURCHASING DIVISION MEMORANDUM DATE: December 28, 2000 TO: David Harden, City Manager FROM: THROUGH: SUBJECT: Jennifer Schillace, Buyer Joseph S~ance Director DOCUMENTATION - CITY COMMISSION MEETING JANUARY 2, 2000 - BID AWARD - BID 2001-05 NUISANCE ABATEMENTS FOR CODE ENFORCEMENT ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve award to USA Charter as primary contractor and to Blackwell's Tractor Services, Inc. as secondary contractor for Nuisance Abatements (Lot Clearing & Mowing) for Code Enforcement at an estimated annual cost of $16,500. Back,qround: The Code Enforcement Division has a need for an annual contract for lot clearing and mowing of vacant lots or occupied properties in order to correct violations of Chapter 100 of the City Code of Ordinances. Bids were received on November 20, 2000, from five (5) contractors all in accordance with City Purchasing procedures. (Bid 2001-05 documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. The Code Enforcement Administrator recommends award to the lowest responsive bidder, USA Charter as primary contractor and Blackwell's Tractor Services, Inc. as secondary (backup) contractor if for any reason primary contractor cannot perform per specifications. See the attached memo dated December 26, 2000. Recommendation: Staff recommends the award to lowest responsive bidder, USA Charter, as primary contractor, and to Blackwell's Tractor Service as secondary (backup) contractor, at an estimated annual cost of $16,500. Funding will be taken from account code 001-2741-524-3430. Attachments cc: Jacklyn Rooney, Purchasing Supervisor Richard Bauer, Code Enforcement Administrator M E MORAN DU M TO: FROM: THRU: SUBJECT: DATE: Jacklyn Rooney, Purchasing Supervisor Richard Bauer, Code Enforcement Administrator Lula Butler, Director of Community Improvement~ BID NUMBER 2001-05; NUISANCE ABATEMENTS FOR CODE ENFORCEMENT December 26, 2000 I recommend awarding subject bid in its entirety to USA Charter as Iow bidde and further recommend that Blackwell's Tractor Service be designated as the secondary vendor in the event USA Charter is temporarily unable to meet contractual requirements. Would you please prepare the appropriate commission agenda material to get this matter before the City Commission. Thanks for your help. RB:ib z Oz om m-lO z I:ITY OF DELRI:IY BEI:IrH CiTY ATTORNEY'S OFFICE DELRAY BEACH Ail.America City 1993 DATE: TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/'243-7090 · FACSIMILE 561/278-4755 Writer's D~rect Line: 561/243-7091 December 29, 2000 City Commission Brian Shutt, Assistant City Attorney SUBJECT: Munroe v. City of Delray Beach and Sgt. Robert Bradley The above case was served on the City March 28, 2000 and arises out of an officer involved shooting that occurred on 4/28/96. The suit contains counts against Sgt. Bradley in his individual capacity and against the City. Due to conflicts, our office recommends the appointment of outside counsel for the employee in this case. It is our recommendation that Fred Gelston, Esq. be appointed to represent Sgt. Bradley. The cost of representation is $100 per hour. Previously, the Plaintiff filed an offer of judgment in this case for $100,000.00. This was brought before you in September of 2000 and you denied the offer of judgment. We have again received an offer, from the Plaintiff, to settle this case for $100,000.00. Our office would again recommend that the Commission deny this offer to settle the case in this amount. By copy of this memorandum to David Harden, City Manager, our office requests that this item be placed on the January 2, 2001 City Commission agenda. Please call if you have any questions. CC' David Harden, City Manager Alison Harty, City Clerk Cathy Kozol, Police Legal Advisor TO: THRU: FROM: SUBJECT: DAVID T. HARD~~TY ~ PAUL DORLING, PLANNING AI~,NING DIRECTOR SCOTT PAPE, SENIOR PLANNERJ../~ MEETING OF JANUARY 2, 2001 CONDITIONAL USE MODIFICATION REQUEST TO EXPAND THE EXISTING COMMUNITY PRIMITIVE BAPTIST CHURCH LOCATED BETWEEN NW '10~ AVENUE AND NW 1'1 f. AVENUE, APPROXIMATELY 250' NORTH OF WEST ATLANTIC AVENUE (33 NW 11 f. AY.) The subject property consists of Lots 12, 13, 27, and 28, Block 2 of the Atlantic Pines Plat, and is 0.53 acres. The property is bisected by an existing 16'-wide north/south alley. The portion of the property west of the alley (lots 27 and 28) contains an existing 1,610 square foot church with a seating capacity of 48 with 17 parking spaces. The property east of the alley (lots 12 and 13) is vacant and utilized for parking. A Conditional Use modification is requested to expand the existing church with a 2,819 square foot addition, which increases the seating capacity from 48 seats to 113 seats and provides a new Fellowship Hall and restrooms. The existing parking area will be reconfigured and the vacant lots along NW 10th Avenue will be improved to provide a total of 30 parking spaces and includes installation of associated landscaping throughout the site. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of December 18, 2000, the Planning and Zoning Board held a public hearing in conjunction with review of the request. No one from the public spoke in opposition or support. The Board voted 4-1 (Bird dissenting) to recommend approval of the Conditional Use Modification request for Community Primitive Baptist Church, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations and the policies of the Comprehensive Plan. Mr. Bird's dissent was based on concerns that the alley abandonment should preceed this approval to be assured that its abandonment would not adversely affect the redevelopment of the adjacent vacant properties. By motion, approve the Conditional Use Modification request for the Community Primitive Baptist Church, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, and subject to the findings and conditions of approval of the Planning and Zoning Board. Attachments: P& Z Staff Report and Documentation of December 18, 2000 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: December 18, 2000 IV.B. Conditional Use Modification Associated with the Expansion Community Primitive Baptist Church, Located North of West Avenue, Between N.W. 10th Avenue and N.W. 11th Avenue. of the Atlantic GENERAL DATA: Owners/Applicant ...................... Community Primitive Baptist Church Agent ......................................... Jimmy Weatherspoon Location ................................... North of Atlantic Avenue, between N.W. 10th Avenue and N.W. 11th Avenue Property Size ............................. 0.53 Acre Future Land Use Map ................ Low Density Residential (0-5 units/acre) Current Zoning .......................... R-I-A (Single Family Residential) Adjacent Zoning ............... North: R-1-A East: South: West: Existing Land Use ..................... Proposed Land Use ................... R-1-A & GC R-1-A & GC (General Commercial) R-1-A Church, Church Parking Lot and Vacant Conditional Use Modification associated with the expansion of an existing Church. Water Service ............................ Existing on-site. Sewer Service ........................... Existing on-site. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use modification request and attendant sketch plan to expand the existing Community Primitive Baptist Church, pursuant to LDR Section 2.4.5(E). The subject property is located between NW 10th Avenue and NVV 11th Avenue, approximately 250' north of West Atlantic Avenue (33 NVV 11th Avenue). Modifications to Conditional Use Approvals are processed pursuant to LDR Section 2.4.5(E)(7). Modifications that involve intensity of use or hours of operation must be approved by the Planning and Zoning Board (as opposed to staff approval). If however, the Board deems that the modification is significant, then the modification must be heard as a new Conditional Use application, requiring formal notification, public hearing, and final action by the City Commission. Given the extensive nature of the changes associated with this conditional use modification, this request has been processed as if it were a new application. Thus, if the Board finds that the changes are significant, the request can be forwarded to the City Commission without delay. The subject property consists of Lots 12, 13, 27, and 28, Block 2 of the Atlantic Pines Plat, and is 0.53 acres. The property is bisected by an existing 16'-wide north/south alley. The portion of the property west of the alley (lots 27 and 28) contains an existing 1,610 square foot church with a seating capacity of 48 with 17 parking spaces. The property east of the alley (lots 12 and 13) is vacant and utilized for parking. At its meeting of May 10, 1976, the City Commission approved a conditional use and site plan for a 48-seat church on lots 27 and 28. On March 7, 1997 the Planning and Zoning Department approved a non-impacting site plan modification for a storage shed on the east side of the church. The properties to the east of the alley have not received formal approval for parking purposes. An application has been submitted for conditional use modification to expand the existing church and is before the Board for action. The proposal is to expand the existing church and incorporates the following: Increasing the gross floor area of the existing church from 1,610 square feet to 4,429 square feet (2,819 square foot net increase). The additional floor area increases the size of the sanctuary from a seating capacity of 48 seats to 113 seats, and provides for a new Fellowship Hall and restrooms; Demolition of the storage shed; Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 2 Reconfiguration of the existing parking area on the south side of the church that results in six parallel parking spaces along the south side of the property and a new 24-space parking area on lots 12 and 13 to the east; The project narrative indicates that the hours of operation are Wednesday from 7:30 p.m. to 9:00 p.m. for prayer service; Thursday from 6:00 p.m. for choir practice; Sunday 9:30 a.m., 11:00 a.m. and 4:00 p.m. worship services, and, monthly business meeting on Mondays at 7:00 p.m.; and, Installation of associated landscaping. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of LD (Low Density Residential 0-5 units per acre) and is zoned R-1-A (Single Family Residential), thus the zoning is consistent with the FLUM designation. Churches or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities are allowed as conditional uses. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care unless approved separately as a conditional use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: The applicant has not submitted preliminary water and sewer plans, however, the following is noted: [] Water service currently exists to the site via a two-inch main along NW 11th Avenue. [] Sewer service exists to the site via an 8" main that is located along NW 11th Avenue. Planning and Zoning Board Staff Report Community Primitive Baptist Chumh - Conditional Use Modification Approval Page 3 r~ Adequate fire suppression is provided via an existing fire hydrant at the northeast corner of West Atlantic Avenue and NW 11th Avenue. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out, and is sufficient to service the proposed church expansion. The specifics of the public water and sewer utilities with respect to potential main extensions and connections will be addressed in further detail during the subsequent site plan review process. Based upon the above, positive findings can be made with respect to these level of service standards. Drainage: Conceptual drainage plans have also not been submitted. However, there is no concern with providing on-site storm-water drainage, which can be accommodated with exfiltration trenches. At this time, there are no problems anticipated complying with South Florida Water Management District or Lake Worth Drainage District requirements. Thus, a positive finding with respect to this level of service standard can be made. Traffic: A traffic study has been submitted indicating that the proposed church expansion will generate a net increase of 26 vehicle trips. There is adequate capacity on the surrounding roadways to accommodate the additional trips. Therefore, a positive finding can be made with respect to traffic concurrency. Parks and Recreation: Park dedication or park impact fee requirements do not apply to nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Pursuant to Solid Waste Authority Guidelines, trash generated each year by the proposed 2,189 square foot addition (1.6 Ibs./sq.ft.) will be approximately 1.75 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following policy is noted. Housing Element Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 4 the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The existing church is located in an established residential neighborhood. There is a concern with respect to the proposed parking for the expanded church. The conceptual plan indicates that the expanded church will provide for a total of 90 seats. However, according the Standard Building Code the pews will accommodate 113 seats (one seat per 18"). Since the parking is based on the number of seats within the sanctuary (one space per three seats), the required parking for the proposed development is 38 spaces and 30 are proposed. Additional parking can be accommodated by reconfiguring the parking area and reducing the size of the Fellowship Hall addition. If the parking cannot accommodate the seating capacity the seating capacity must be reduced accordingly. A condition of approval is attached that the seating capacity be reduced accordingly to coincide with the parking provided. The construction of the formal parking area on the east side of the property will be an enhancement to this property since this area appears to be currently used as a nonconforming overflow parking area for the church. The landscaping associated with the formal parking area will aid in mitigating any conflict that may already exist with adjacent residential uses. In addition to the parking issue, there is a concern with respect to glare that may be imposed on adjacent properties when the parking areas are constructed. It is noted that a photometric plan will be required during the site plan review process that adequately demonstrates that glare "spill-over" will be eliminated from adjacent properties. SECTION 2.4.5(E)($) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Am Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; Nor that it will hinder development or redevelopment of nearby properties. The adjacent zoning districts are: R-1-A (Single Family Residential) to the north, east and west; and, R-1-A and GC (General Commercial) to the south. The surrounding existing land uses are single family residential homes. The commercially zoned property on the south side of the new parking area along NW 10th Avenue is undeveloped. As noted in the analysis of the Housing Element Policy A-12.3, there are concerns with respect to parking and lighting. As noted in the previous section, there is insufficient parking proposed based on the requested seating capacity in the sanctuary. When Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 5 there is insufficient on-site parking, parishioners will seek parking spaces in nearby swale areas and vacant lots, which creates a negative impact on area residents. Given the limited site area, the seating capacity must be reduced to correspond with the provision of required parking. During the site plan review process, the applicant will be required to provide parking based on the number of seats in the sanctuary and provide a photometric plan. As noted in the background section of this report, the existing church was approved and built in 1977. Since that time there has been no known conflicts with surrounding neighborhood that indicates that the church has had a significant detrimental effect upon the stability of the neighborhood or that it has hindered development in the area. Based upon the above, a finding can be made that the proposed use will not have a significant detrimental effect on the surrounding neighborhood or hinder development or redevelopment in the area. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, several "Technical Items" were identified. These items, which are listed below and attached in Appendix "A," will need to be addressed with the full site plan submittal and are attached as a condition of approval. Parking Pursuant to LDR Section 4.6.9(C)(6)(c), churches shall provide one parking space for every three seats provided in the sanctuary. Additional parking is not required for other uses on the church property such as Sunday School, Day Care, or Preschool, etc. when such uses are operated as a part of, under the auspices of, the Church. The floor plan indicates that the expanded church will have 21 eight-foot long pews and two six- foot long pews. Pursuant to the 1997 Standard Building Code Section 1019.11.5.2, when bench-type seating is used, the number of persons shall be based on one person for each 18 inches (457-mm) of length of the bench. Based on this calculation, the capacity is 113 seats, which requires 38 parking spaces and only 30 spaces are proposed. Based on the attached alternative there is the ability to accommodate additional parking by reducing the size of the Fellowship Hall and reconfiguring the parking. However, the seating capacity may need to be reduced to correspond with the parking provided. The floor plan would then need to be modified or the building addition decreased in order to reduce the size of the sanctuary accordingly. As noted in previous sections, the applicant will need to resolve the parking issue during the site plan review process. A condition of approval is attached that the seating capacity be limited based on the parking provided on site. Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 6 Site Lighting: A photometric plan must be submitted with the site plan application that demonstrates compliance with LDR Section 4.6.8. If light poles are proposed, the locations of these fixtures must be noted on the landscape plan in order to eliminate conflict with proposed/existing landscaping. Given the proximity to residential uses, particular care must be provided to eliminate spill over to adjacent properties. A condition of approval is attached that the photometric plan is submitted with the site plan application and that the method of shielding and light pole locations are noted. Alley Abandonment The conceptual plan indicates that the north/south alley will be abandoned. This abandonment is essential to the development proposal since the building expansion would otherwise encroach into the required 10' rear building setback and that there are proposed improvements such as parking, landscaping and a sidewalk within the existing alley. The Development Services Management Group (DSMG) recommended the abandonment of this alley from the subject property north to NW 1st Street. Since property owners located south of the church use the alley for access to the rear of their properties, the DSMG did not support abandonment of the alley south of the church at this time. A condition of approval is attached that the church submits an application to abandon this portion of the alley concurrently with the site plan application. Community Redevelopment Agency: The Community Redevelopment Agency will consider the conditional use modification at its meeting on December 14, 2000. The Agency's recommendation will be presented to the Planning and Zoning Board at its meeting. West Atlantic Redevelopment Coalition Board: The West Atlantic Redevelopment Coalition Board recommended approval of the conditional use modification at its meeting on December 13, 2000. Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the conditional use petition and address the issues identified in this report. Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 7 Courtesy Notices: Courtesy notices have been provided to the following homeowner's and associations: [] Gateway [] Poinciana Heights r3 West Side Heights El PROD (Progressive Residents of Delray) [] President's Council civic Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The conditional use request is to increase the floor area of the existing church 2,819 square feet in order to increase capacity of the sanctuary to 113 seats, provide a new fellowship hall, and restrooms. The proposed conditional use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. ^ positive finding with respect to LDR 2.4.5(E)(5) (Conditional Use Findings) can be made provided that the concerns noted herein are addressed with the submittal of the site plan. As proposed, the site does not provide adequate parking. The site plan will need to be revised to provide the required parking for the quantity of seats requested in the sanctuary. This may necessitate reducing the floor area of the sanctuary, which can be accomplished by increasing the size of the Fellowship Hall or decreasing the overall size of the church. A. Continue with direction. Recommend approval of the conditional use modification request for Community Primitive Baptist Church, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the conditional use request for Community Primitive Baptist Church, based upon a failure to make positive findings with respect to compatibility. Recommend approval of the conditional use request for Community Primitive Baptist Church, based upon positive findings with respect to Chapter 3 (Performance Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Modification Approval Page 8 Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and technical items contained within this report and attached as Appendix A. 2. That the seating within the sanctuary shall be reduced commensurate with the number of on-site parking spaces provided. 3. That the site plan shall note the pervious/impervious calculations. 4. That an application for alley abandonment be submitted and approved for the north/south alley. 5. That a photometric plan be submitted in accordance with the requirements of LDR Section 4.6.8. The location of light poles shall be noted on the landscape plan. Attachment: El Appendix "A" El Sketch Plan El Alternative Sketch Plan Report prepared by: Scoff Dedeaux Pape, Senior Planner Planning and Zoning Board Staff Report Community Primitive Baptist Church - Conditional Use Mod~ficabon Approval Page 9 APPENDIX "A" Technical Items: The following technical items must be addressed with the full site plan submittal, if the conditional use is approved. 1. That a unity-of-title be provided prior to certification of the site plan. 2. That the method of refuse collection and the screening of this area be noted on the site plan. 3. That the location and method of screening air conditioning units be noted on the site plan. Per LDR Section 4.6.9(D)(1)(d), two handicap-parking spaces are required. The conceptual plan indicates that only one handicap parking space is provided. The site plan will require revision to include an additional handicap parking space. 5. Pursuant to LDR Section 4.6.9(C)(1)(c)(3), a bicycle rack is required. Pursuant to LDR Section 4.6.9(D)(3)(c), a 20' stacking distance is required between NW 10th Avenue and NW 11th Avenue and the first parking space on the property. The conceptual plan indicates that a 10' stacking distance is provided from these roads. A waiver request should be submitted together with the $100 fee to reduce the required stacking distance. Per LDR Section 4.6.9(D)(4)(b) wheel stops shall be provided for all parking spaces, other than parallel, in the form of concrete or asphalt wheel stops or a continuous concrete curb which is located so that there is two feet (2') of clear distance from the front edge of the device to the front of the parking space. Treated wood, stones, or similar landscape features may be allowed upon approval through the site plan review process. A wheelstop or curb is required for the perpendicular parking spaces and a continuous curb for the parallel parking spaces. o Per LDR Section 4.6.9(D)(4)(d), two-way traffic flow must be used when perpendicular parking spaces are used. The perpendicular parking tier must be converted to two-way traffic flow, which will necessitate "Do Not Enter" signage at the western end of the parking tier. Per LDR Section 6.1.3(B)(1), a five-foot wide sidewalk is required along NW 10th Avenue. 10. A sidewalk needs to be extended to both of the front doors along NW 11th Avenue. 11. Per LDR Section 4.6.16(H)(3)(e), a tree every 25' must be installed on the north and south sides of the property where the church property abuts residentially zoned property or property in residential use. iNwl [ I [ I I [ I l 13~D ST ~L I J L I J ~ ' NW POMPEY PARK 2ND ST II F NW ANTIC A VENUE GA TEWA Y MINI PARKS I II MARTIN 3RD LUTHER KING JR DRIVE 1ST ST F ATLANTIC AVENUE [ir N CiTY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT COMMUNITY PRIMITIVE BAPTIST CHURCH -- DIGITAL ,J~4$E I~P SYSTEM -- MAP REF LM486 II FILE NUMBER: 2001-023-USE-CCA ] PETITION NAME: COMMUNITY PRIMITIVE BAPTIST CHURCH] ITEM NUMBER 7. 8. 9. 10. 11. 12. A C~ty of Delray Beach Comprehenswe Plan as Existed on 1-02-01, B. C~ty of Delray Beach Land Development Regulations as Existed on 1-02-01, C Crty of Delray Beach Zoning District map as Existed on 1-02-01, D. City of Delray Beach Future Land Use Map as Existed on 1-02-01 ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE DESCRIPTION (~FtTEM Conditional Use Application. Traffic Statement prepared by Gerald B. Church, dated October 31, 2000. Letter from Jasmin Allen to Jimmy Weatherspoon, dated November 17, 2000. Project transmittal letter from Scott Pape to Jimmy Weatherspoon, dated December 4, 2000. Tax map showing all properties within 500' radius of the subject property. List of all property owners within 500' radius of the subject site. Public Notice # 2001-023-USE-CCA, mailed December 7, 2000. Notice of Conditional Use, published December 7, 2000. Special Courtesy Notice, mailed December 8, 2000. Planning and Zoning December 18, 2000. Audio tapes of the December 18, 2000. City Commission 2001. Board's Staff Report for the meeting of Planning and Zoning Board meeting of Documentation for the meeting of January 2, Page1 DANTE IN 11-03-00 11-03-00 11-17-00 12-04-00 12-04-00 12-04-00 12-07-00 12-07-00 12-08-00 12-18-00 1-02-01 FILE NUMBER: 2001-023-USE-CCA [ IPETITION NAME: COMMUNITY PRIMITIVE BAPTIST CHURCH] NUMBER DESCRIPTION ,OF ITEM ~'INFILE ,," 13. Survey prepared by O'Brien, Suiter & O'Brien, Inc., dated November 1, 2000. 11-03-00 14. Site plan prepared by Perez Design, Inc., dated November 3, 2000. 11-03-00 15. Demolition and existing floor plan prepared by Perez Design, Inc., dated November 3, 2000. 11-03-00 16. Floor plan prepared by Perez Design, Inc., dated November 3, 2000. 11-03-00 17. Resume briefs for: a) Paul Dorling, AICP, Planning and Zoning Director. b) Scott Pape, Senior Planner. 1-02-01 1-02-01 S'/APPEALS/2001-023-USE-CCA COMMUNITY PRIMITIVE BAPTIST CHURCH Page 2 TO: THRU: FROM: DAVID T~;to.~N, ~NAG ER PAUL DORLING, PLANNII~AND ZONING DIRECTOR SCOTT D. PAPE, SENIOR PLANNER//~ SUBJECT: MEETING OF JANUARY 2, 200'1 CONDITIONAL USE REQUEST TO ALLOW THE CONSTRUCTION OF A NEW GASOLINE STATION, LOCATED ON THE WEST SIDE OF SOUTH MILITARY TRAIL, APPROXIMATELY 600 FEET SOUTH OF WEST ATLANTIC AVENUE (PARCEL "C" OF THE WAL-MART CENTER DEVELOPMENT). I The subject property consists of Parcel "C" of the Wal-Mart Center development, and is 0.83 acres. The property is currently vacant, however, the perimeter landscaping and berm along Military Trail and the south side of the property were previously installed in conjunction with Wal- Mart. The conditional use modification request is for the construction of a gas station with new 208 square foot kiosk, eight double-sided fuel pumps (16 dispensers) under a 6,125 square foot canopy. At its meeting of September 14, 2000, the Board of Adjustment approved a variance to reduce the minimum required floor area in the Planned Commercial zoning district from 6,000 sq.ft, to 208 sq.ft for the subject site (Parcel "C"). Additional background and analysis of the request are found in the attached P & Z Board Staff Report. At its meeting of December 18, 2000, the Planning and Zoning Board held a public hearing on this item and two persons spoke in opposition to the proposed gas station. Their concerns were primarily associated the additional traffic generated by the gas station and the adverse impact this will have on safety along Military Trail. A resident of Country Lake also expressed a concern with the adverse impact of vented fuel fumes on this residential subdivision. Following consideration of staff's recommendation and testimony, the Board voted 5-0 to recommend to the City Commission approval of the request based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations and the policies of the Comprehensive Plan. The approval was subject to conditions outlined in the staff report with the exception of one condition, which they amended to prohibit outside vending machines. By motion, approve the Conditional Use request for the Murphy Oil Gas Station, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, and subject to the findings and conditions recommended by the Planning and Zoning Board. Attachments: P& Z Staff Report and Documentation of December 18, 2000 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: Owner/Applicant .......... Agent ........................... Location ....................... Property Size ............... Future Land Use Map.. Current Zoning ............. Adjacent Zoning. North: East: South: West: Existing Land Use ........ Proposed Land Use ..... Water Service .............. Sewer Service .............. December 18, 2000 IV.A. Conditional Use Request to Allow the Establishment of a Gasoline Station, Murphy Oil Within the Wal-Mart Plaza, Located on the West Side of South Military Trail, 600 Feet South of Linton Boulevard. Wal-mart Stores East, Inc. Kimley-Horn & Associates, Inc. West side of South Military Trail, 600 feet south of Linton Boulevard 0.83 Acre General Commercial PC (Planned Commercial) PC PC Palm Beach County RS (Single Family Residential) PC Vacant Conditional Use Request to allow the establishment of a gasoline station within the Wal-mart Plaza (outparcel "C"). n/a n/a £MMA~IU£L CA r~.~C CHURCH DUNCAN CEN T~'R I DELRA Y ~ TOV4V CENTER LINTON = BOULEVARD Sou th 7ru$ t Bonk PALM PLAZA COURT Illllllltllllllll]llll Illltllllllll[lllll WAL-MAt~T IV.A. The action before the Board is that of making a recommendation to the City Commission on a Conditional Use request and attendant sketch plan to establish a Gasoline Station known as Murphy Oil Gas Station, pursuant to Section 2.4.5(E). The subject property is an outparcel of the Wal-Mart Center which is located on the west side of Military Trail, approximately 590' south of Linton Boulevard. The subject property consists of Parcel "C" of the Wal-Mart Center Plat, and is 0.83 acres. The property is currently vacant, however, the perimeter landscaping and berm along Military Trail and the south side of the property were previously installed in conjunction with Wal-Mart. At its meeting of September 18, 1989, the City Commission approved a site and development plan for Wal-Mart, which included a 114,760 square foot retail building, and two 0.8 acre out-parcels. The parcel was zoned GC (General Commercial) until it was rezoned to PC (Planned Commercial) with the Citywide Rezoning associated with the approval of the Land Development Regulations in 1990. At its meeting of September 25, 1991, the Site Plan Review and Appearance Board approved a site plan for an 8,800 sq.ft, medical office on Tract B, known as Delray Eye Associates, which has since been built. At its meeting of June 28, 1999, the City Commission approved an off-site parking agreement for 20 spaces on the Wal-Mart property for future expansion to Delray Eye Associates. At its meeting of January 5,2000, the SPRAB approved a modification to allow a 1,708 sq.ft, building expansion to the existing medical office. At its meeting of September 14, 2000, the Board of Adjustment approved a variance to reduce the minimum required floor area in the Planned Commercial zoning district from 6,000 sq.ft, to 208 sq.ft for the subject site (Parcel "C"). An application has been submitted for conditional use approval for a gasoline station and is before the Board for action. The proposal is to establish a gasoline station that incorporates the following: El Construction of a 208 sq.ft, cashier building including restrooms and utility room; El Installation of eight double-sided fuel pumps (16 dispensers) under a 6,125 sq.ft. canopy; El Installation of three parking spaces along the west side of the property; and Planning and Zoning Board Staff Report Murphy Oil Gas Station - Conditional Use Approval Page 2 [;3 Installation of associated landscaping and dumpster area. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to Section 3.1.1 (Required Findings) of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas: FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of General Commercial and is zoned PC (Planned Commercial), thus the zoning is consistent with the FLUM designation. Within the PC zone district, gasoline stations or the dispensing of gasoline directly into vehicles is allowed as a conditional use [LDR Section 4.4.12(D)(1)]. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: Preliminary water and sewer plans have been submitted and the following is noted: Water service currently exists to the site via a two-inch service lateral connection to an existing eight-inch main located along the west side of the subject property (Parcel "C") within the access/utility easement. Sewer service exists to the site via a service lateral connection to an existing 8" main that is located along the west side of the subject property within the access/utility easement. Adequate fire suppression is provided via an existing fire hydrant adjacent to the northwest corner of Parcel "C." Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out, and is sufficient to service the proposed gasoline station. The specifics of the public water and sewer utilities with respect to potential main extensions and connections will be addressed in further detail during the subsequent site plan Planning and Zoning Board Staff Report Murphy Oil Gas Station - Conditional Use Approval Page 3 review process. Based upon the above, positive findings can be made with respect to these level of service standards. Drainage: The existing Wal-Mart Center drainage system is interconnected and flows to a retention area located along the west side of the Center. Conceptual drainage plans have been submitted which indicate storm-water drainage will be accommodated via sheet flow to collection basins, which will connect an existing storm water drainage pipe along the north side of the property that "outfalls" to the retention area. At this time, there are no problems anticipated complying with South Florida Water Management District or Lake Worth Drainage District requirements. Thus, a positive finding with respect to this level of service standard can be made. Traffic: A traffic study has been submitted indicating that the proposed gas station will generate a net increase of 818 vehicle trips. There is adequate capacity on the surrounding roadways to accommodate the additional trips. Therefore, a positive finding can be made with respect to traffic concurrency. However, a condition of approval is attached that the applicant shall submit documentation from the Palm Beach County Traffic Engineering Division regarding traffic concurrency. Parks and Recreation: Park dedication and recreation impact fees do not apply to nonresidential uses. Non- residential uses will have no impact on this level of service standard. Solid Waste: Pursuant to Solid Waste Authority Guidelines, trash generated each year by the proposed 208 sq.ft, gasoline station (29.5 Ibs./sq.ft.) will be approximately 3.07 tons per year. The trash generated by this proposal can be accommodated by existing facilities, therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)($) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable policies were identified. SECTION 2.4.5(E)(5) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Planning and Zoning Board Staff Report Murphy Oil Gas Station - Conditional Use Approval Page 4 Am Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; Nor that it will hinder development or redevelopment of nearby properties. The adjacent zoning districts are PC (Planned Commercial) to the north and west; POC (Planned Office Center) to the east; and, RS (Single Family Residential) (Palm Beach County jurisdiction) to the south. The surrounding existing land uses are: Delray Eye Associates medical office outparcel to the north; Country Lake residential subdivision to the south; South County Professional Office Centre to the east (across Military Trail); and, Wal-Mart to the west. The proposed commercial development is consistent with the existing office and retail development of the Wal-Mart Center. The outparcel was approved and platted for future commercial development. Parcel "C" is the final parcel of this original approval to be developed. The infrastructure such as access, drainage, sewer, water, and drainage were essentially included in the original development proposal for the Center and are "in-place." There are several site-specific issues noted in this report that will be addressed during the site plan review process. As noted previously, the perimeter landscaping along the south and east sides of Parcel "C" were previously installed and consists of shade trees, hedging and a berm. This landscaping has since been allowed to mature and provides a considerable buffer along Military Trail and the residential property to the south. It is noted that the area immediately south of the subject property is an approximately 150'-wide access tract for the County Lake subdivision, which generally runs along the entire length of the Wal-Mart Center Development. The residences within the County Lake subdivision are not located within 600' of the subject property. Furthermore, there is a substantial landscape buffer located along the north side of the residential access tract that will further buffer the commercial property. There is a concern with respect to the glare produced by the proposed gasoline station, which is discussed in the Compliance with Land Development Regulations section of this report. There is an additional concern with the site design of the gas station with respect to the location of the underground storage tanks that will be addressed in the "Other Items" section of this report. Based upon the above, a finding can be made that the proposed use will not have a significant detrimental effect on the surrounding neighborhood or hinder development or redevelopment in the area if conditions outlined in the staff report are met. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed use will be in compliance with the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with the Land Development Regulations will be required. Along with the Conditional Use request, a sketch plan has been submitted and reviewed by staff. Based upon staff's review of the sketch plan and site inspections, several "Technical Items" were identified. These items, which are listed below, as well as the items listed in Planning and Zoning Board Staff Report Murphy Oil Gas Station - Conditional Use Approval Page 5 the attached Appendix "A" will need to be addressed with the full site plan submittal and are attached as conditions of approval. Gasoline Stations Supplemental Regulations The development proposal complies with all the supplemental regulations for gasoline stations outlined in LDR Section 4.3.3(J), except the following: Pursuant to Land Development Regulation (LDR) Section 4.3.3(J)(6)(a), gasoline dispensers, tanks, dispenser island, and canopies shall not be located closer than fifteen feet (15') from any property line. When property directly abuts residentially zoned property, gasoline dispensers, tanks, dispenser islands and canopies, signs, or vents shall not be located closer than forty feet (40') from the property line abutting the residentially zoned property. The location of the vents for the underground storage tanks must be depicted on the site plan in order to determine compliance with this requirement. Per LDR Section 4.3.3(J)(6)(d), vending machines are to be located under roof and screened on three sides. Racks containing cans of lubricating oil may be displayed on service islands. Racks or pedestals used for the display of tires shall be located along any side (as opposed to front) of a structure. A detail of the screening method for the proposed vending machines noted at the fuel islands must be provided on the site plan. Minimum Floor Area Pursuant to LDR Section 4.3.4(K), the minimum floor area in the PC zone district is 6,000 square feet. The 208 square foot cashier's building does not comply with this development regulation. As noted in the background section of this report, the Board of Adjustment approved a variance to reduce the required minimum floor area to 208 square feet at its meeting on September 14, 2000. Consequently, the proposed development complies with the amended minimum floor area requirements. Parking Pursuant to LDR Section 4.6.9(C)(3)(c), gasoline stations with or without convenience stores shall provide parking at a rate of 4.5 spaces per 1,000 sq.ft, of total floor area. The proposed gasoline station includes a 208 sq.ft, cashier's building that requires one parking space. The parking requirement has been exceeded, as the proposed parking area provides three parking spaces. Site Lighting: A photometric plan must be submitted that demonstrates compliance with LDR Section 4.6.8. If light poles are proposed, the locations of these fixtures must be noted on the landscape plan in order to eliminate conflict with proposed/existing landscaping. With respect to the canopy lighting, the light fixtures must be fully recessed into the canopy in order to eliminate glare and is attached as a condition of approval. Planning and Zoning Board Staff Report Murphy Oil Gas Station - Conditional Use Approval Page 6 Site Design The proposed site layout is inefficient, as an excessive amount of paved area is provided on the east side of the property and results in the removal of seven mature trees. Per LDR Section 4.6.9(D)(4)(d), the standard aisle width is 24' for normal traffic flow and the maximum width is twenty-six feet (26'). The aisle width on the east side of the property is approximately 35'. The fuel tanks should be relocated to the west side of the canopy and the aisle reduced to 24'. This will increase the landscape area along the east side of the property and will accommodate the saving of the existing trees. The development proposal is not within a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority), or the HPB (Historic Preservation Board). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a full site plan submittal will follow. Final action on the site plan submittal will rest with the SPRAB (Site Plan Review and Appearance Board). The site plan must accommodate concerns raised through the conditional use petition and address the issues identified in this report. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and civic associations: o Andover O PROD (Progressive Residents of o DeI-Aire Delray) [] Foxe Chase [] President's Council [] Shadywoods [] BeI-Aire [] Spanish Wells [] Country Lake [] Rabbit Hollowe [] Verona Woods Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The conditional use request is to establish a gas station with eight double-sided fuel pumps with a canopy and a 208 square foot cashier's building. Given the minimum Planning and Zoning Board Staff Report Murphy Oil Gas Station - Conditional Use Approval Page 7 floor area variance granted by the Board of Adjustment, the proposed conditional use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. A positive finding with respect to LDR 2.4.5(E)(5) (Conditional Use Findings) can be made provided that the concerns noted herein are addressed with the submittal of the site plan. The internal circulation aisles should be redesigned to provide a more efficient design including relocation of the storage tanks to the west side of the canopy and decreasing the pavement on the east side of the canopy. This change will significantly reduce the amount of impervious area without adversely affecting traffic flow and save existing perimeter buffer trees. In order to address concerns regarding glare, the canopy must be designed so the lights are completely recessed into the canopy. Given the distance from residential structures and the existing mature perimeter landscaping, the proposed gas station should have a minimal impact on the surrounding neighborhood. A. Continue with direction. Recommend approval of the conditional use request for Murphy Oil Gasoline Station, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the conditional use request for Murphy Oil Gasoline Station, based upon a failure to make positive findings with respect to LDR Section 2.4.5(E)(5). Recommend to the City Commission approval of the conditional use request for Murphy Oil Gasoline Station, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns and technical items contained within this report and attached as Appendix ^. That the vehicular circulation area be redesigned to relocate the storage tanks to the west side of the canopy and reduce the paved area on the east side. The existing landscaping along the east side of the property shall remain. That a photometric plan be submitted in accordance with LDR Section 4.6.8. The photometric plan shall indicate that the canopy lighting is recessed so that they are not visible from adjacent properties. Planning and Zoning Board Staff Report Murphy Oil Gas Station - Conditional Use Approval Page 8 4. That the site plan be revised to note the location of the vents for the underground storage tanks. 5. That the site plan be revised to note the screening method for the vending machines. o That a confirmation letter be provided from Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. Attachment: El Appendix "A" El Sketch Plan Report prepared by: Scott Dedeaux Pape, Senior Planner Planning and Zoning Board Staff Report Murphy Oil Gas Station - Conditional Use Approval Page 9 APPENDIX "A" Technical Items: The following technical items must be addressed with the full site plan submittal, if the conditional use is approved. Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers, and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of- way. A detail of the dumpster enclosure must be noted on the site plan. A chain link fence is not consistent with this requirement. A chain link gate must have some sort of vision obscuring device such as applied wood or screening (slat inserts is not an acceptable device). The dumpster should be moved to the north at the end of the proposed access area and the vacated paved area converted to open space. The site plan indicates that the entrance from Military Trail and internal landscape islands will be modified on the adjacent Wal-Mart site. A site plan modification application must be submitted from Wal-Mart for these changes. Per LDR Section 4.6.9(D)(4)(b) wheel stops shall be provided for all parking spaces, other than parallel, in the form of concrete or asphalt wheel stops or a continuous concrete curb which is located so that there is two feet (2') of clear distance from the front edge of the device to the front of the parking space. Treated wood, stones, or similar landscape features may be allowed upon approval through the site plan review process. The proposed curb at the end of the parking spaces must be moved two-feet or eliminated and a wheelstop provided. 4. The Bahia sod shall be exchanged for St. Augustine sod. With respect to the landscape islands, the sod shall be exchanged for ground covers. The dimensions of the proposed trees are to be revised to conform to the dimensional requirements of LDR Section 4.6.16(E)(5), which requires a minimum 12'-high tree with four-feet of single straight trunk with six-feet of clear trunk and a six-foot canopy spread. LIN TON = C A N A L L-,36 PALM Sou th Trust Bank MEDICAL COURT CONDOS PLAZA Illllllllllllllllllllllllllllllllllllllll DUNCAN CENTER DELRA Y TO WN CENTER BOULEVARD BOCARA Y PLAZA WAL-MART SOUTH COUNTY MENTAL HEALTH CENTER SOUTH COUNTY PROF CIRCLE CENTRE CONDO CASA REAL CITY OF DELRAY BEACH, FL PLANNING &: ZONINGDEPARTMENT MURPHY OIL OUTPARCEL C OF WAL-MART CENTER PLAT -- D/Gl/AL ~,4SE .It,~4P SYSTEM -- MAP REF LM416 ~ Tr~Nme I I 17B.g~ P.O.B. UURPHY OIL MONUMENT S~GN I PETITION NAME: MURPHY OIL I I FILE NUMBER: 2001-021-USE-CCA I A City of Delray Beach Comprehensive Plan as ExIsted on 1-02-01, B City of Delray Beach Land Development Regulations as Existed on 1-02-01, C City of Delray Beach Zoning District map as Existed on 1-02-01, D C~ty of Delray Beach Future Land Use Map as Existed on 1-02-01 ARE INCLUDED AS DOCUMENTS OF THE PROJECT FILE ITEM, ~"l ? ..... NUMBER iii DEscRIPTiON·OF i i iii iiiii IH]Ill I II II III UlIII~ lUlII I IIIII I IIIII Conditional Use Application. Certificate of Ownership report prepared by Gulf Coast Title, dated July 27, 2000. Warranty Deed recorded in ORB 6212, Pages 511 and 512. Traffic Impact Analysis prepared by Kimley-Horn and Associates, Inc., dated October 18, 2000. Final Order, City of Delray Beach, Board of Adjustment, dated September 14, 2000. Letter from Jasmin Allen to Todd Pressman regarding the status of the application, dated November 15, 2000. Tax map showing all properties within 500' radius of the subject site. o List of all property owners within 500' radius of the subject site. Letter from Todd Pressman to Jasmin Allen regarding the site plan drawings prepared by Kimley-Horn, dated November 20, 2000. 10. Project transmittal letter with TAC technical comments, dated November 30, 2000. 11. Letter from Scoff Pape to Masoud Atefi, Senior Traffic Engineer, transmitting the traffic study, dated November 30, 2000. 10-31-00 10-31-00 10-31-00 10-31-00 10-31-00 11-15-00 11-15-00 11-20-00 11-20-00 11-30-00 11-30-00 Page I PETITION NAME: MURPHY OIL I [FILE NUMBER: 2001-021-USE-CCA ITEM '~"?' ' NUMBER DESCRIPTION OF ITEM Public Notice # 2001-021-USE-CCA, mailed December 6, 2000. 12. Notice of Conditional Use, published December 7, 2000. 13. Special Courtesy Notice, mailed December 6, 2000. 14. 15. Letter from Masoud Atefi to Scoff Pape transmitting review comments regarding the traffic study, dated December 13, 2000. 16. Planning and Zoning Board's Staff Report for the meeting of December 18, 2000. 17. Audio tapes of the Planning and Zoning Board's meeting of December 18, 2000. City Commission Documentation for the meeting of January 2, 2001. 18. Site plan prepared by Kimley-Horn and Associates, Inc., dated July 13, 2000. 19. Landscape plan prepared by Kimley-Horn and Associated, Inc., dated October 30, 2000. 20. Survey prepared by Heller-Weaver & Sheremeta, Inc., Sheets 1 of 2 and 2 of 2, dated July 26, 2000. 21. Resume briefs for: a) Paul Dorling, AICP, Planning and Zoning Director. b) Scott Pape, Senior Planner. 22. FILE 12-06-00 12-07-00 12-06-00 12-13-00 12-18-00 1-02-01 11-01-00 11-01-00 10-31-00 1-02-01 1-02-01 S:/^PPEALS/2001-021-USE-CCA MURPHY OIL Page 2 £1T¥ OF DELRI:I¥ BEI:I£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH F L 0 I I D A 1993 DATE: December 29, 2000 MEMORANDUM Writer's Direct Line 561/243-7091 TO: City Commission David T. Harden, City Manager FROM: Susan A. Ruby, City Attomey SUBJECT: Interlocal Agreement Between City and CRA Regarding Backroom Attached please find the above Interlocal Agreement that provides for: Payment to CRA in the amount of $100,000 upon CRA's closing on the Backroom property. CRA shall reimburse the City a prorata amount of the $100,000 expended by the City based on the percentage of the gross sales price received by the CRA in a subsequent sale or transfer for the property (which includes land, real property, the business, and the alcohol beverage license) as compared to the $580,000 purchase price. o The CRA and the City shall consult about appropriate deed restrictions prior to the sale or transfer of the property by the CRA. Please call if you have any questions. SAR:smk Attachment Alison MacGregor Harty, City Clerk Robert W. Federspiel, Esq. Diane Dominguez, CRA Director INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT is made this day of , 2001 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City") and ("CRA"). the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY WITNESSETH: WHEREAS, the CRA has entered into a contract for sale and purchase of the business, alcohol beverage license, land, and real property as more fully set forth in Exhibit 1 hereto and as legally described in Exhibit 1 hereto (hereinafter referred to as "The Property"); and WHEREAS, the Contract for Sale and Purchase is contingent upon City's participation in the amount provided for herein; and WHEREAS, the CRA and the City are committed to the redevelopment of the West Atlantic Avenue Corridor; and WHEREAS, acquiring the property will alleviate noise and parking impacts and other public safety concerns and therefore the purchase is in the public health interest and welfare and will aid in the redevelopment of West Atlantic Avenue. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2. Payment by City. The City will pay to the CRA $100,000 towards the purchase price of the property with the CRA paying the balance of the purchase price and all other costs whatsoever for the property. The City will pay the $100,000 to the CRA upon closing as shall occur pursuant to the contract attached hereto as Exhibit 1. 3. Reimbursement Upon Sale. The CRA agrees to reimburse the City $100,000 if the CRA sells the property or otherwise transfers the property, if the gross sales price obtained by the CRA is the same or more than the total purchase price paid by the CRA in the amount of $580,000 under Exhibit 1 hereto. If the CRA obtains less than the gross sales price of $580,000 upon the sale or transfer of the property, the CRA shall pay to the City a prorata amount of the $100,000 the City contributed, based on the percentage of the gross sales price obtained by the CRA as compared to the original purchase price of $580,000. (For example, if the CRA receives a gross amount of $500,000 for the sale and transfer of the property, the CRA will pay to the City 86 percent (86%) of $100,000 or $86,000. If the CRA obtains $400,000 for the sale or transfer of the property, the CRA shall pay the City 69 percent (69%) of the $100,000 the City contributed, or $69,000). 4. Restrictive Covenants. The CRA, upon the sale and transfer of the property, shall consult with the City and include such deed restrictions as the parties agree are necessary to reduce noise, parking and police safety issues that have impacted neighboring properties under the current use. 5. Term. The term of this agreement shall commence when approved by both parties and when executed by the last signatory to this agreement and shall expire within 90 days after commencement unless further extended in writing by the parties provided, however, that the covenants contained in paragraphs 3, 4, 9 and 10 shall survive and be enforceable beyond the termination of this Agreement 6. Interlocal Ac~reement. This Interlocal Agreement shall be filed pursuant to the requirements pursuant to Section 163.01(11), Florida Statutes. 7. Final Aqreement; Modification. No prior or present agreements or representations with regard to any subject matter contained within this agreement shall be binding on any party unless included expressly in this agreement. Any modification of this agreement shall be in writing and executed by the parties. 8. Severability. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof contained within this Agreement shall have no force or effect upon the validity of any other portion hereof. 9. Laws; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. Venue for any action arising from this agreement shall be in Palm Beach County, Florida. 10. Assignment. Neither the City nor the CRA shall assign or transfer any rights or interest in this Agreement. 11. Signatures Required. the Mayor and City Clerk. ATTEST: City Clerk This Agreement shall not be valid until signed by CITYOF DELRAY BEACH, FLORIDA By:. David W. Schmidt, Mayor 3 Approved as to Form: City Attorney Witnesses: COMMUNITY REDEVELOPMENT AGENCY By:. Print Name: Print Name: Title: Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged ,2000 by title of officer or agent) of acknowledging), a behalf of the corporation. take an oath. before me this day of (name of officer or agent, (name of corporation (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification and did (did not) Signature of Notary Public - State of Florida CONTRACT FOR SALE AND PURCHASE Partie.: Delray Blues, hie., ("Seller"). 909 Wesl Atlantic Avenue, Dehay Bc.,ch, Florida. 33444 ul (Phone (561) ~'7~ ' ql'/~ ), and tixe Delray Beach Community Redevelopment Agency, ("Buyer"), of 24 N S~lntou ~,venue, ~elra¥ Beach, Florida, 33444 (Phone (56 l)276-8640)hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personality") (collectively "Property") upon the following terms and conditions which INCLUDE the Standards for Real Estate Transactions attached ("Siaodards") and any addendum to this instrument DESCRIPTION: (a) Legal description of Real Property located m Palm Beach County, Florida the South 134' thereof. The East 50' of the West 225' of the South 134 feet of the South V~ or__ts-of-way.,~ - and The East 50' of the West 175' of the North 101' of ~uhV~ of Lot 10. Less rights-of-' ways, and The south 45' of the North t89~h~ ....... South )/~ of the south V2 of Lot I0, Less n~ All ofsa~ eels of land being in Section 17, township 46 south, tLange 43 East, Palm Beach Couiity, Floiida, (b) Street address, city, zip, of the Property ts' 909 West Atlantic Avenue. Defray Beach, Florida, 33444 (c) Personalty: All fixtures of the business as well as thc alcohohc beverage license, however, excluding thc inventory, non-fixture personal property, sign, and business name of Thc Backxoom. 11. PURCHASE PR/CE: .............. *allocated between thc business and real property as sci forth m Addendum to Contract for Sale and Purchase Article XIV, Paragraph F $580,00000' PAYMENT: (a) Deposit to be held m escrow by Ruben W Fcderspicl, P A , Trust Account $ 1,000.00 Additional deposit to be held in escrow by Robert W. Federsptel, P A, Trust Account upon the elumnation of contingencies set forth in the Addendum to Cone*act for Sale and Purchase Article XIV, Paragraphs C and E $ 57,000 00 (c) Balance to close (U S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations $522,000 00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated m writing belween thc par. cs on or bclbre lourtecn days (14) after the execution of this Cone'act by the Buyer, the deposits will, at Buyer's option, be returned to Buyer and this offer withdrawn. A facsimile copy of this Contract for Sale and Purchase CCo.tract") and any signatures hereon shall be considered for all purposes as originals. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer IV. TITLE EVIDENCE: Within ten (10) days after thc execution of this Contract Sellei, at Seller's expense, shall deliver to Buyer or Buyer's attorney, in accordance with Slandard A, title insurance commitment and, after closing. owner's policy of title insurance V. CLOSING DATE: This transaction shall bc closed and the special warranty deed and other closing papers dehvered forty-five (45) days following thc futt execution of tins Contract, unless extended by other pro', t.sions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to zoning, restrictions, prohlbmons and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet tn width as to the rear or front lines and 7 1/2 feet in width as to the side lines, unless otherwise stated herein), taxes for year of closing and subsequent years, assumed mortgages and purchase money mortgages, if any; other None, provided that there exists at closing no violation of the foregoing and none of them prevents usc of Real Property for residential purposes V~'RT BIT 1 ¥1I. OCCUPANCY: The proper~y shall be unoccupied as of the date of closing Seller agrees to delivery occupancy of Propet~y at lime of closing unless otherwise staled herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss lo Property from date of occupancy, shall be responsible and liable for ~amlenance from that dale, and shall be deemed lo have accepted Property in their existing condition as of time of taking occupancy unless otherwise staled hereto or m a separate wrUmg. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwrl.en provisions shall conucol all printed provtsmn$ of Contract m conflict with them. IX. RIDERS: (Check of any of the following Riders are applicable and are auached to this Conlrac0. a)~ Coastal Construct,on Control Line Rider b)__ Condominium Rider c).~ Foreign lnveaunent m Real Properv/Tax Acl R~dcr d)__ Insulation Rider e)__ FHA/VA Rider 0.=~... Other: RIDER X. ASSIGNABILITY: (Check(I)or(2)): Buyer (l)~mayasstgn, or(2) XXmaynolasslgnContract XI. SPECIAL, CLAUSES: (Chack (l) or (2) ): Addendum (I) XXlsattached, or(2)~ ts not apphcablc Xil. TIME IS OF THE ESSENCE OF THIS CONTRACT. XIII. DISCLOSURES: Buyer __ acknowledges or XX does not acknowledge receipt of the a~/rndon/compen~atton and estimated closing costs disclosures. Buyers Initials. DELRAY BEACH COMMUNITY (~t~MF-NT. AGKNCY Executive Director Social Security or Tax ID No. Date ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: Delray Blues, lac. BUYER: Delray Beach Community Redevelopment Agency PROPERTY ADDRESS:909 West Atlantic Avenue, Delray Beach, Florida 33444 3CIV. SPECIAL CLAUSES (continued): A RADON GAS; Radon gas is naturally occumng radioactive gas that, when ~t has accumulated m a building m sufficient quantities, may present health risks to persons who are exposed to it over tune. Levels of radon thai exceed federal and state guidelines have been found in braidings in Florida Additional mformanon regarding radon and radon testing may be obtained from your county public health unit. Paragraph N of the Standards for Real Estate Transactions attached to this conu'act is hereby deemed to include an mspecuon for radon gas. B FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"). Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder ("Regulations"), shall be requited to withhold such amount as is necessary to comply with the Regulations and shall tuncly remit to thc Internal Revenue Service thc amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with ( 1 }an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-Recognmon Treatment, or (3) a W~thholdmg Certificate estabhshmg that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the W~thholdmg Document fumisbed by Seller is false, as determined m accordance w,th the Regulations, then Buyer shall not bc required to withhold any portion of the amount payable to Seller or shall be allowed to w~thhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit thc amount so withheld to the Internal Revenue Service along with properly completed remittance forms In addition, if Seller, prior to closing, satasties those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to thc Regulations to Buyer and said apphcauon is still pending as of the date ofclosmg, then Buyer shall cooperate w~th Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final deterrmnation. la the event insufficient cash ss paid by Buyer at closing to fund the Buyees withholding obhganon, Seller shall deliver to Buyer at closing the amount ofaddmonal cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer rehevmg Buyer entuely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance w~th the Regulations, all or such porvon of sa~d additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and tu remit the amount so withheld and report such information as requited under the Regulations to the Internal Revenue Service C This Contract as contingent upon the Buyer within thirty (30) days from the effective date of th~s Contract entering into an agreement with the City Commission of the City of Delray Beach m form and substance acceptable to the Buyer to prowde for the City of Delray Beach to contribute a portion of the purchase price to the Buyer m an amount acceptable to the Buyer m order to facdnate this closing In the event the Buyer shall not have obtained an acceptable agreement as provided above within said thirty (30) day period, the Buyer shall have the right to cancel th~s Comxact and receive a refund of all deposit monies paid hereunder by having delivered to Seller such notice of cancellation within said thin-/(30) day period. If Buyer shall fad to so notify Seller within said time this contingency shall be deemed waived. D The parties warrant and agree that there is no broker involved m this transaction E. The soil, surface water, drainage requirements and runoff availability, geological conditions, and env~onmental state of the property being purchased must be acceptable to Buyer at Buyer's expense Buyer shall make such determination within thuly (30) days from the effective elate of this Contract Nottce of the results ofsuch testing shall be fumasbed to Seller. The Buyer, or Buyer's employees, agents, representatives, or assigns, shall have full and complete right to enter upon the property for the purpose of making any and all mspecuons, tests and studies of the property In the event said conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the right to cancel this Agreement and receive a refund of all depose monies paid hereunder by having delivered to Seller such notice ofcancellatmn within said thuny (30) day period. If Buyer shall fall to so notify Seller within said ume this contingency shall be deemed waived. Allocation of the Purchase Price is as follows' $150,000.00 ts allocated to the purchase of the business and alcoholic beverage hcense $430,000 00 is allocated to the purchase of the land and real property RIDER TO FAR/BAR CONTRACT FOR SALE AND PURCHASE THIS RIDER ("Rider'') shall amend, modify and be a part of that certain Contract For Sale And Purchase ("Contract") by and between DELRAY BLUES, INC., as Seller and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, as Buyer dated December [ ¢_~., 2000; to which this Rider is attached. Buyer and Seller agree as follows: Condition of Property. A. Buyer takes the property"AS IS, WHERE IS," with all faults except that Seller hereby warrants and represents the following to Buyer: (i) The Seller owns fee simple legal and beneficial title to the Property subject to the matters disclosed in this Contract and shall convey title in accordance with this Contract; and (ii) Subject to the terms and provisions hereof, Seller has the legal power and authority to enter into this Agreement and to convey, the Property without the need for consent of any other person or entity. B. Buyer acknowledges and agree that Seller has not made, did not make any representations, warranties, promises, covenants, agreements, or guaranties of any kind whatsoever except as specifically set forth in this Agreement, whether expressed or implied, oral or past, present or future, of, as to, concerning or with respect to the Property. Buyer further acknowledges that the sale and conveyance of the Property is being made on an "AS IS, WHERE IS" condition and basis and Buyer ~n opportunity to make such inspections as Buyer deemed appropriate. II. Entire A~reement. This Agreement constitutes the entire agreement and understanding between the parties hereto with regard to the subject matter hereof and supersedes all other previous oral or written agreements and understandings with respect thereto. Neither this Agreement nor the provisions hereof may be waived, amended, or changed except in a writing signed by the party against which enforcement of such waiver, amendment, or change is sought. The parties agree that the remedies set forth herein are sufficient, fair and equitable and do not constitute a forfeiture or penalty. III Miscellaneous. A. The captions used in connection with the Sections of this Agreement are for convenience of reference only and shall not be deemed to construe or limit the meaning or language of this Agreement. If any provision of this Agreement is held to be invalid, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. This Agreement shall not be assigned by either party without written permission of the other party. However, if t a propre assignment does take place, then subject to the provisions of this Agreement, this Agreement shall be binding upon, and shall inure to the benefit of Seller and Purchaser, their successors and assigns. B. This Agreement is not intended to give or confer any benefits, rights, privileges, claims, actions or remedies to any person or entity as a third party beneficiary, decree, or otherwise. Time is of the essence in the performance of this Agreement. C. Use of the words "herein," "hereof," "hereunder," and any other'words of similar import refer to this Agreement as a whole and not to any particular articles, section or other paragraph of this agreement unless specifically noted otherwise in this Agreement. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural as the identity of the person or entity may require. 'The word "Contract" or "Agreement" refer to the same document, namely this Contract For Sale And Purchase. IV. Entry. For purposed of undertaking the investigations of the Property, Seller hereby grants to Buyer and its agents full right of entry upon the Property, provided that neither Buyer nor Buyer's agents shall conduct any inspection so as to damage the Property and Buyer shall give Seller reasonable notice prior to entry. In the event damage should occur, Buyer shall repair such damage. Buyer shall, in a timely manner, pay in full the cost of all inspections, investigations, and inquires of any kind, so that no person or entity shall have the right to file any lien against the Property. The foregoing provisions shall survive the Closing or the termination of this Agreement for whatever reason. V. Offer and Acceptance. This Agreement may be executed in counterparts, each of which shall be deemed an original. If this offer is not executed by Buyer and Seller, and the fact of execution communicated in writing or telegraphically between the parties on or before 5:00 p.m. EST, on ~~--T.p._ 1~' , 2000, this offer shall be deemed withdrawn and null and void. A facsimile signature when sent to the other party shall be deemed an original signature with the same effect as if an original document and original signature had been delivered. By execution of this Agreement the signatories are certifying that they are authorized by their respective entities to enter into this Agreement and to carry out the transactions contemplated herein without further approvals or consents from such entity, its members, shareholders, officers, directors, managers or trustees. This Agreement shall not be recorded by either party. VI. Rider Paramount. In the event of any conflict or inconsistency between the Contract and this Rider, this Rider shall control and be paramount. To the extent necessary, the parties agree that this Rider hereby amends and modifies the Contract so as to supercede the Contract in the event of any such conflicts or inconsistencies. 2 BUYER SELLER DELRAY BEACH COMMUNITY ~ D.~~VE LO~MENT, AG EN CY I~i~ne Domirlguez ~ ) Executive Director Date: DELRAY BLUES, INC. Social Security or Tax ID No. Social Security or Tax ID No. O:W'UR. J005~Jder.decl 4.wpd STANDARDS FOR REAL ESTATE TRARSACTIO~ 12/14/00 t4:47 FAA 561276. PERRY FUND CONTINUATION SHEET Commitment or Policy No.: (SCHEDULE & CONTINUED) OPM-1375469 EXHIBIT A PARCEL NO. 1 = The East 50 feet of the West 225 feet of the South 134 feet of the South Half of Lot 10 in Section 17, Township 46 South, Range 43 East, as per plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach Cobnty, Florida, recorded in Plat Book 1, Page 4, LESS right of way of State Road 806 (Atlantic Avenue) as recorded in Plat Book 3, page 29, of the Public Records of Palm Beach County, Florida. P,,~RCEL NO, 2 The East 50 feet of the West 275 feet of the North 101 feet of the South 1 of the South Half of Lot 10 in Section 17, Township 46 South, Range 43 E per plat thereof on file in the office of the Clerk of the Circuit Court in and' Beach County, Florida, recorded in Plat Book 1, page 4, LESS rights of w State Road 806 (Atlantic Avenue) as recorded in Plat Book 3, page 29, of, the Public Records of Palm Beach County, Florida and No~lhwest 9"' Avenuel if any. 34 feet last, as ;or Palm ay of PARCEL NO. 3 The East 124.8 feet of the West 274.8 feet of the South Half of the South'Half of Lot 10 LESS the north 189.35 feet thereof and LESS the South 134 feet t~ereof in Section 17, Township 46 South, Range 43 East, as per plat thereof on file in the office of the Clerk of the Circuit Court In and for Palm Beach County, Flon'da, recorded in Plat Book 1, page 4, LESS rights of way of Northwest 9u' Avehue, if any. PARCEl., NO. 4 The South 45 feet of the North 189.35 feet of the East 124.8 feet of the West 274.8 feet of the South Half of the South Half of Lot 10 in Section 17, Township 46 South, Range 43 East, as per plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, page 4, LESS rights of way of Northwest 9"' Avenue, if any. PARCEl,. NO. 5 The Easterly nine (9") inches of the East 50 feet of the West 175 feet of the North 101 feet of the South 134 feet of Lot 10, Section 17, Township 46 South, ~Range 43 East, Delray Beach, Florida, LESS the right-of-way of State Road 806, (Atlantic Avenue) as recorded in Road Plat Book 3, Page 29, of the Public Records of Palm Beach County, Florida. FUND Fona CS (R~v. 9/9l) (c~nL} MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS ~~ MANAGER AGENDA ITEM ~/~ - REGULAR MEETING OF JANUARY 2, 2001 AGREEMENT WITH PALM BEACH COUNTY FOR THE FUNDING OF DATE: TENNIS CENTER IMPROVEMENTS DECEMBER 29, 2000 This is before the City Commission to consider approval of an agreement between the City and Palm Beach County that promdes for funding in an amount not to exceed $150,000 from the County to help offset costs already pa~d by the City for improvements to the Tennis Center. These maprovements include the renovations to the main building, construction of the two new hard surface courts, resurfacmg of four existing hard surface courts, the conversion of the stachum court to hard surface, and landscaping. Funding in the amount of $100,000 is available in the amount of $65,000 from the 1996 County Park Improvement Revenue Bond and in the amount of $35,000 from District 4 Recreation Assistance Program reserves. The agreement also provides that an additional $50,000 will be provided as reimbursement for fins project, subject to availabihty. The agreement has been rev:tewed and approved as to form and legal sufficiency by the City Attorney. Recommend approval of the agreement with Palm Beach County for rennbursement funding for improvements at the Delray Beach Tennis Center. RefiAgmemol 1.Funding Agmt.w~th PBC.Tenms Center Improvements Department of Parks and Recreation 2700 6th Avenue South Lake Worth, FL 33461 (561) 966-6600 FAX (561) 642-2640 wwwco palm-beach fl us Palm Beach County Board of County Commissioners Warren H Newell, Chairman Carol A Roberts, V~ce Chmr Karen T Marcus Mary McCarty Burr Aaronson Tony Masdotn Addle L Greene County Administrator Robert Wemman 'An Equal Opportumty Affirmative Action Employer" ~ printed on recycled paper December 12, 2000 Mr. David Harden, City Manager City of Delray Beach 100 N.W. l~t Avenue Delray Beach, FL 33444 RE: PALM BEACH COUNTY PARKIMPROVEMENT REVENUE BOND AND RECREATION ASSISTANCE PROGRAM FUNDING FOR THE DELRAY BEACH TENNIS CENTER Dear Mr. Harden: Attached for execution on behalf of the City of Delray Beach are two originals of an Agreement for funding in an amount up to $100,000 for improvements to the Delray Beach Tennis Center. The Agreement also stipulates that, subject to availability, an additional $50,000 will be provided for this project. This funding is being provided from Palm Beach County's Park Improvement Revenue Bond ($65,000) and District 4 Recreation Assistance Program reserves ($35,000). Please return both originals of the Agreement to me after execution by Delray Beach, and I will place them on the agenda for approval by the Board of County Commissioners. When you return the agreements, please also include the required insurance certification (i.e., an insurance certificate or statement of self insurance written by Delray Beach's Risk Manager) as delineated on Page 3, Section 10 of the Agreement. Funding for the project is on a reimbursement basis, and since the project has already been completed, the Agreement has been written to allow for expenses incurred subsequent to November 16, 1999 to be eligible for reimbursement subject to Board approval. If you have any questions on the Agreement, please call Susan Yinger, Contract/Grant Coordinator, at 966-6653. We are pleased to be able to assist the City of Delray Beach in implementing these important improvements to the Delray Beach tennis courts. Sincerely, Dennis L. Eshleman, Director Parks and Recreation Department DLE/SWY Attachment Copy to: Commissioner Mary McCarty, District 4 Joe Weldon Bill Wilsher AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR THE FUNDING OF DELRAY BEACH TENNIS COURT IMPROVEMENTS THIS AGREEMENT is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as "Delray Beach". WITNESSETH: WHEREAS, Delray Beach owns the Delray Beach Tennis Center located on N.W. 3rd Avenue in Delray Beach; and WHEREAS, Delray Beach has provided improvements to the Delray Beach Tennis Center, and WHEREAS, said Tennis Center improvements cost approximately $354,392; and WHEREAS, Delray Beach has requested from County an amount not to exceed $150,000 to help offset costs paid for said tennis court improvements to include the expansion/renovation of the existing tennis center, the construction of two new hard surface tennis courts, the resurfacing of four existing hard surface courts, the conversion of the center tennis court to a hard surface, and landscaping; and WHEREAS, $100,000 for said tennis court improvements is available in the amount of $65,000 from the 1996 Park Improvement Revenue Bond and in the amount of $35,000 from District 4 Recreation Assistance Program reserves; and WHEREAS, at the sole discretion of the County, an additional $50,000 will be made available for said tennis court improvements, subject to funding becoming available; and WHEREAS, the Delray Beach Tennis Center shall be open to and benefit all residents of Palm Beach County; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. County agrees to fund an amount not to exceed $100,000 to Delray Beach for tennis court improvements to include the expansion/renovation of the existing tennis center, the construction of two new hard surface tennis courts, the resurfacing of four existing hard surface courts, the conversion of the center tennis court to a hard surface, and landscaping, hereinafter referred to as the "Project". 2. County agrees that at its sole discretion and subject to additional funding becoming available, an additional $50,000 will be provided to Delray Beach for the Project. 3. Delray Beach shall provide accounting data and a reimbursement request to County for the entire completed project including the additional $50,000 for which funding has not yet been made available. 4. County will use its best efforts to provide said $100,000 to Delray Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project has been completed; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as "Exhibit A", which are required for each and every reimbursement requested by Delray Beach. Said information shall list each invoice as paid by Delray Beach and shall include the vendor invoice number; invoice date; and the amount paid by Delray Beach along with the number and date of the respective check for said payment. Delray Beach shall attach a copy of each vendor ~nvoice pa~d by Delray Beach along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule Form. Further, Delray Beach's Project Administrator and Project Financial Officer shall certify the total funds spent by Delray Beach on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchases Schedule Form was paid by Delray Beach as indicated. The additional $100,000 will be provided subject to budget availability. c. The project was initiated by Delray Beach on November 16, 1999. Those costs incurred by Delray Beach subsequent to the date of said Project initiation are eligible for reimbursement by County pursuant to the terms and conditions hereof. d. Recreation Assistance Program and Bond funds may be used as a match for other local, State, or Federal grant programs, but Delray may not submit reimbursement requests for the same expenses to the County or other funders to receive duplicate reimbursement for the same expenses. 5. Delray Beach shall provide accounting data to County for the completed project on or before six (6) months from the date of execution of this Agreement by the parties hereto. Upon written notification to County at least ninety (90) days prior to that date, Delray Beach may request an extension beyond this period for the purpose of completing the Project County shall not unreasonably deny Delray Beach's request for said extension. 6. Delray Beach warrants that the Project depicted on "Exhibit B", attached hereto and made a part hereof, shall be open to the general public on a non-discriminatory basis regardless of residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 7. The term of this Agreement shall be for fifteen (15) years commencing upon the date of execution by the parties hereto. 8. Delray Beach shall be responsible for all costs of operation and maintenance of the Project. 9. It is the intent of County to issue this funding assistance to Delray Beach for the purpose set forth hereinabove. In the event Delray Beach transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in wdting, Delray Beach's obligations hereunder, County retains the right to reimbursement from Delray Beach for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should Delray Beach transfer management of the project to a party or parties not now a part of this Interlocal Agreement, Delray Beach shall continue to be responsible for the liabilities and obligations as set forth herein. Further, Delray Beach shall not transfer management of the Project to a third party without the written consent of the County. 10. Prior to execution of this Agreement by the County, Delray Beach shall provide either a certificate evidencing insurance coverages as required herein or a statement of self insurance from Delray Beach's Risk Manager. Delray Beach shall, during the term of this Agreement and any extension hereof, maintain in full force and effect self insured or commercial general liability insurance, including contractual liability and completed operations liability, in the amounts specified in Section 768.28, Florida Statutes, to specifically cover all exposures associated with the Project and terms and conditions of this Agreement. Where permissible with respect to the above coverages, such policy shall include Palm Beach County as additional insured and shall contain a clause providing the County with at least thirty (30) days prior notice in the event of cancellation, non-renewal, or material adverse change in coverage. Compliance with the foregoing requirements shall not relieve West Palm Beach of its liability and obligations under this Agreement. Delray Beach agrees to indemnify, defend, and hold harmless the County for any liability arising out of any negligent act or omission of Delray Beach to the extent the insurance described in this paragraph fails to cover the County. Nothing in this paragraph shall constitute a waiver of either party's sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 11. The parties may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 12. This Agreement shall be governed by the laws of the State of Florida, and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 13. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Delray Beach, Florida 33461 As to the City of Delray Beach: City Manager City of Delray Beach 100 N W. 1 st Avenue Delray Beach, Florida 33444 IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Chairman ATTEST: CITY OF DELRAY BEACH, BY ITS CITY COUNCIL By:. By: C~ty Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By:. County Attorney Approved as to form ano legal sufficiency: ~.O:~r.City Attorney PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT CONTRACT PAYMENT REQUEST EXHIBIT A Grantee (Project) Request Date Billing # Billing Period Item Consulting Services Contractual Services Materials, Supplies, D~rect Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS ~ Certification: I hereby certify that the above were incurred for the work ~dentlfled as being accomphshed ~n the attached progress reports. PROJECT PAYMENT SUMMARY Project Costs Cumulative This Billing Project Costs Total Project Costs Certification: I hereby certify that the documen- tation has been maintained as required to suppor the project expenses reported above and is avail- able for audit upon request. Administrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation Total Project Cost Total project costs to date County obligation to date County retainage ( %) County funds previously disbursed County funds due this billing Rewewed and Approved by: PBC Project Administrator/Date Department Director/Date 1 OF2 '12/06/00 WED 13:03 FAX 561 243 7314 ENVIRONMENTAL SRV. DEPT. ~002 //j5 - EXISTING COURTS TO BE RESURFACED ~F-~~*~~ ~)~- ~ 2 - PROPOSED DELRAY BEACH TENNIS CENTRE "'-~ · DOWNTOWN LOCATION ~ of DEL~Y B~CH TENNIS ~N~R DA~ll-li-~g [IT¥ DF I]ELIIR¥ BER[H DELRAY BEACH NI-AmericaCity 1993 FROM: goaVid T. Harden, City Manager bert A. Barcinski, Assistant City Manager DATE: December 28, 2000 DELRAYBEACH, FLORIDA 33444 561/243-7000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING JANUARY 2, 2001 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for January 25, 2001 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub and Railroad Drive from Atlantic to N.E. 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. BACK6ROUND ' Attached is a request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is $6,200. City Commission has capped the amount the City would pay for overtime at $6,500 for the last four events. Actual overtime costs for December's event were $5,294. A copy of the hold harmless agreement is attached. An updated copy of the certificate of insurance will be needed. This is not a new event. N.E. 2nd Avenue will be under construction and is not part of the event road closure. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $6,500 for overtime costs with any difference to be paid by the Joint Venture, contingent upon the receipt of an updated certificate of insurance. RAB/dr CC: Lt. Geoff Williams Joe Weldon Hoyt Owens File:U:RANGEL/RAB/ Agenda/Art & Jazz Prlnted on Recycled Paper THE EFFORT ALWAYS MATTERS arian, lc December 7, 2000 avenue Mr. Robert A. Barcinski, Assista;ity Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 RE: AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, January 25, 2000, and to grant a temporary use permit per LDR'S section 2 4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: o Swinton Avenue to 7th Avenue o South side of Atlantic Avenue from 7th to just past the Blue Anchor Pub o Railroad Way from Atlantic Avenue to N.E. 1~ Street o NE 2nd Avenue from Atlantic Avenue to Courtyard at Palm Beach Photographic Centre Closure will be from 6:00 p.m. to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, monitoring the FEC railway crossing, stage use setup and removal, and banners and signage setup and removal. The City support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator DELI*AY BEACH JOINT VENTURE · Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority 64 S E. Fifth Avenue, Delray Beach, FL 33483 * Tel' 561-279-1384 ° 561-278-0555 SPECIAL EVENT HOLD HARMLESS AGRF~.~'-MENT 'i-he Downtown Del~v ge£ch'JointsVentum in consid_o~-~.tion oi' 'J]e' paymeni of le.q (10) (Name o~ ILnl. ib,) dollars, ~ceJ.o~ of which is hereby ~ckno'~qedged, sgrees to Jndemni~', ~nd defend lhe Ciiy of Delr%, Beach, its agenls ~nd employees from ~.ll s-dks, ac~.ions ~-'nd c:airns indu&ng ~i:omey's lees ~nd co~s ~tl. endant to any dzim. ~dminisi~five proceeSing, ~pp~l and ju~gm~ni of ~ve~, name ~nd desitin:don btoughl ~(j~hlst U)e Ci[y ~s ~ ~sull of loss, damage or injuO' to pemon or prope~y ~dsing h-om ~nd in e~:~nae for U~o Downtown Delmv []e~ci~ .loini Venture use of City i~dh[ies or p~ o~erb, for the spatial evan~ of t,d ~nd J~7~ ~nd hereby m!e~s~s ~ City of (Name of Enbty) De~r~v Ee~ch, i~s ~gen~s ~nd employees from ~!! suits, ~ctJons ~nd d~ms including ~i[omey's fees ~nd costs ~iJend~nt Io ~ny dab], libg~on, ~clminis~Uve flmceedings, app[-~i ~nd flJdgm~nt of every n~me ~nd des~p6on brought ~g~in~- result of loss, damage or i~)ju~, lo person or prope~)' arisin9 from lhe spedal event of A~i ~nd J~7~. (N~me' of Entib,) " 'Rfis Inoemnifi~lion ~nci },o.d H~mfless ~nd Defend Agreement is only~ '~ Ihe ex[ent of insu~n~ maintained by g~e Downtown De!~y B~ch Joint Veniu~ ~s covered uncl~r Sc3t~d~le Insuran~: Company Pohcy Immber CLS420'116. ART AND JAZZ (Name of Spedsl Event) Wit/less (Please type or print n~-ne) TiUe CITY OF I]ELRrlY BEACH DELRAY BEACH AII-AmedcaCity 1993 TO: FROM: 100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 561/243-7000 MEMORANDUM David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item - City Commission Meeting January 2, 2001 Special Event Approval - Fourth Annual Bed Race DATE: December 28, 2000 Action City Commission is requested to endorse the Fourth Annual Bed Race sponsored by Paragon Events, the Joint Venture, and the Parks and Recreation Department to be held on March 3, 2001 from 7:00 a.m. until 5:00 p.m., and to grant a temporary use permit per LDR's Section 2.4.6(H) for the closure of NE 2® Avenue from the north side of NE 1st Street to the south side of NE 3rd Street and NE 2® Street from NE 2® Avenue to just west of the railroad tracks. Commission is also requested to waive LDR's Section 4.6.7(d)(3)(j)(i) to allow event signage to be erected more than one week before the event, to allow the use of the City stages (at no charge), to provide staff assistance for trash removal, security and traffic control, stage set up, and street barricading, and to waive overtime charges. Background Attached is a request from Paragon Events requesting endorsement of the event, street closure, and City staff assistance. This event is being held this year in conjunction with the dedication of the opening of NE 2® Avenue. The event is being sponsored again by Paragon Events in conjunction with Pineapple Grove Main Street, the Joint Venture, and Parks and Recreation. The City team holds the title of "World Champs" and the winner this year will travel to Hawaii to defend the title. The estimated overtime for the event is approximately $3,000. Pttnted on Recycled P~oer THE EFFORT ALWAYS MATTERS SubJect:AGENDA ITEM - CI~ COMMISSION MEETING JANUARY 2, 2001 S~eclal Event Approval - Fourth Annual Bed Race Date: December 28, 2000 Page: Two (2) Recommendation Staff recommends approval of the event, the temporary use permit, the use of the City stages, providing staff assistance as requested, waiving the code to allow the event signage to be put up on February 16th, and to waive the overtime costs. All approvals to be subject to the sponsor providing the required liability insurance and hold harmless agreement. RAB:tas Attachments Flle:u:sweeney/agenda Doc: Fourth Ann Bed Race December 27, 2000 Mr. Robert A. Barcinski Assistant City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, Florida 33444 PARAGON EVENTS A ME]ETING AND SPECIAL EVENTS EIRM Dear Mr. Barcinski: Enclosed, please find information concerning the Fourth Annual Delray Bed Race to be held on Saturday, March 3rd, 2001, produced and operated Paragon Events, Delray Beach in conjunction with Pineapple Grove Main Street and the Downtown Joint Venture. The City holds the title of "World Champs", and the winner will travel to Hawaii to defend the title in April 2001. Detail description of the boundaries of the event site: The event site will mn from NE 1st Street, NE 2nd Street along Pineapple Grove Way closing only Pineapple Grove Way and NE 2nd Street adjacent to the Miami City Ballet to the South side of NE 3rd Street. Letter requesting waiver to permit alcoholic beverage consumption on City_ streets: Letter attached. Letter from Esplanade in the Grove approving use of their sites: Letter attached. Letter requesting waiver of noise ordinance for music: Letter attached. Request for Police Security_: We are requesting the use of Delray Beach Police officers for security during the event. Because it is a city event, we are requesting "no fee service." Request to use and barricade streets: We are requesting the use of NE 2nd Avenue, and would request that the barricades be placed at the north intersection of NE 1 st Street (not to include NE 1st Street), and at the full intersection at NE 2nd Street and at the South side of NE 3~d Street - the round about will remain open. Street closures need to be in place by 7:00 AM on Saturday, March 3, 2001. Request for city_ crews for cleanup and trash receptacles: We are requesting that the city provide all trash receptacles and basic cleanup after the event. Timing schedule will need to be discussed with your staff. 352 Northeast Third Avenue · Delray Beach, Florida 33444 (561) 243-3073 · (800)711-5548 · Fax (561)274-4849 · Internet http://www, paragon-events.com ~35e, llLTJ~ill~The Fourth Annual Bed Race will be held on Saturday, March 3rd, from 10:00 AM to 4:00 PM. Setup time would begin on Friday, March 2nd at 12:00 noon except for street closures. Request for Port-o-lets: Paragon Events will provide the necessary port-o-lets, locations to be determined. Payment for city_ services and overtime; Paragon Events is requesting "no fee service" for all services required of the city. Request for use of city_ stages: The city Parks and Recreation Department are supplying the small stage free of charge. The details for stage location is still being negotiated, however we will forward a request as soon as possible. Signage requests: We would request a waiver of the event signage timing be lifted in order for the event signs to be in place 2-3 weeks prior to the event. Please find enclosed a copy of our request to our insurance company asking them to list the City and Downtown Joint Venture as additional insured for the event (as we did last year). Mr. Barcinski, it is our intention that the Fourth Annual Bed Race event be a win-win for all involved. This event is a community event produced by the Downtown Joint Venture as well as the Pineapple Grove Main Street and Paragon Events organizations. Best Regards, PA~~ EVENTS ~~at hl~onin, Assistant To Renee Radabaugh MEMORANDUM TO: FROM: SUBJECT: biT YOR AND CITY COMMISSIONERS Y MANAGER AGENDA ITEM C~.. REGULAR MEETING OF JANUARY 2, 2001 PROFESSIONAL SERVICES AGREEMENT WITH TREASURE COAST DATE: REGIONAL PLANNING COUNCIL (MacARTHUR GRANT/DOWNTOWN BUSINESS DISTRICT PLAN) DECEMBER 29, 2000 This is before the City Commission to consider approval of an agreement with the Treasure Coast Regional Planning Council for professional services relating to the MacArthur Grant/Downtown Business District Plan. The scope of services to be provided is outlined in the proposed letter agreement. The current proposal is to conduct a seven day planning charrette starting Friday afternoon, April 28, 2001. TCRPC will charge a fixed fee in the amount of $60,000 for their services. Funding will be from 001-6113-559-49.90 (MacArthur Grant). Approval is recommended. Ref:Agmemol4 Palm Beach County Day Sponsorship st. lucie matin _cocv. t . .rec gnal plann ,n, cj council December 27, 2000 Mr. David T. Harden City Manager 100 NW 1st Ave. Delray Beach, FL, 33444 City of Delray Beach Subject: Agreement to Provide Professional Urban Design, Town Planning & Conceptual Design Services - MacArthur Grant/Downtown Business District Plan Dear Mr. Harden: Thank you for choosing Treasure Coast Regional Planning Council (TCRPC) to provide the City of Delray Beach with professional urban design and town planning services. We are submitting this proposed agreement setting forth a draft scope of services together with a proposed fee and the cost to perform such services. If you have any questions or wish to further refine our suggested scope of services, please contact us at your earliest convenience. However, if the agreement meets with the City's approval, we ask that you sign your name in the space provided and return a signed copy to our office. I. SCOPE AND SCHEDULE A. TCRPC will assist the City with defining the study area. TCRPC will create a conceptual master plan during a seven day Charrette starting Friday afternoon, April 28, 2001.TCRPC will perform the professional services described in this agreement by working at facilities in or near the study area and at our offices in 1 301 east ocean boulevard suite 300 stuart, florida 34994 phone (561) 221-4060 sc 269-4060 fax (561) 221-4067 Stuart. We have created a budget based on performing certain tasks and suggested a work schedule for completing these tasks as follows: Week 1-2 Receive from client a fully detailed base map and relevant plans and reports; attend one initial client meeting to discuss the Charrette; commence preliminary logistical planning; request from client additional site information, as needed. Week 3 (Mon-Wed) Meet with City representatives, CRA, neighborhood association representatives, business owners, elected officials and representatives of institutions that will be involved/affected in the study area. Review supplemental project information; finalize Charrette logistics. (Fri) Arrive with a 6 to 8 person design team to conduct a site visit, meet with client and discuss concerns. Make kick-off Charrette presentation and an open microphone session (2 hours total) for the City, CRA, and citizens. (Sat) Make a short opening Charrette presentation to City, CRA and citizens; conduct a design workshop in an appropriate format to reveal design issues and generate design ideas ( the ratio of consultants to workshop participants at table sessions shall be no greater than 1:10, with one roaming designer and the City and CRA staff providing assistance upon request). (Sun-Fri) Create, refine and illustrate a conceptual plan for each project within the study area, with one or more explanatory sketches and diagrams, as appropriate. (Fri) Presentation of work in progress to City, CRA and citizens, complete Charrette activities, pack and return home. Post Charrette - (Date TBD) Make one final presentation to citizens, City and CRA representatives. - (Date TBD) Make one final presentation to commission (elected officials). - (Date TBD) Submit draft final report for review and approval by the City - (Date TBD) Prepare final report, submit one set of original posters and proof to the City for publication. * At all presentations, the City shall provide an appropriate auditorium with the required audio and visual (large 8' x 8' screen) equipment. **All Post Charrette work shall be completed within 6 weeks of the presentation of work 2 in progress. This period does not include the time that the City has the draft for review. II. FINAL WORK PRODUCTS A. Deliverables. TCRPC shall provide the City with the following deliverables as final work products: 1. Conceptual Master Plan (1) for the study area, rendered in color at an appropriate scale and suitable for publication. 2. Perspective sketches or diagrams (as many as needed) illustrating significant plan features or explaining design ideas consistent with the respective plan. Each sketch or diagram will be rendered in color or black and white at an appropriate size and suitable for publication. 3. Street Sections, (as many as needed) illustrating in diagrammatic form the relationships among the various elements within and adjacent to the right of way. Each section shall be rendered in color or black and white at an appropriate size and suitable for publication. 4. Project Report (booklet) containing items 1 through 3, with descriptive text and a project summary. It will also suggest conceptual design ideas consistent with traditional urban form as well as all recommendations suggested by our consultants. The report shall be in color and suitable for publication and reproduction. TCRPC encourages the City to have the report professionally printed in a high quality format for distribution to the general public. B. Format of Deliverables. TCRPC shall provide the City with final work products in the following format: 1. TCRPC shall print written documents (1 copy only) on paper, as appropriate, and shall also provide digital copy of such documents in an appropriate format. 2. TCRPC shall provide graphic documents, including drawings, diagrams, maps, perspective renderings, or other comparable materials (1 copy only) on paper, as appropriate, and in a digital format suitable for reproduction. 3. TCRPC shall provide the City with a digital copy of the final Power Point presentation. 4. The City may request additional copies of deliverables upon payment to TCRPC of the actual reproduction cost. III. FEES AND REIMBURSABLE EXPENSES A. Fees. Professional services described in this proposal will be performed for a fixed fee in the amount of $ 60,000.00. This includes travel, parking, food and lodg- ing, out of pocket expenses (printing and reproduction costs) film processing, mail, couriers, and other costs related to the professional services we are providing. It does not include refreshments and lunch provided to the general public during the Friday and SatuMay public events. B. The City shall pay fees to TCRPC according to the following schedule: $12,000 Twenty percent (20%) of the professional fees two weeks prior to the Charrette. $ 30,000 Fifty percent (50%) at the conclusion of the 7 day Charrette $18,000 Thirty percent 00%), the remaining balance upon delivery of the final presentation/booklet. IV. BASE INFORMATION - CITY TO PROVIDE (see attachment) APPROVED AND ACCEPTED on this ~ day of ,2001 Terry ess, AICP Planning Director Treasure Coast Regional Planning Council David T. Harden City Manager City of Delray Beach st. lucie ........ .recjo. nal plann ncj council CITY OF DELRAY BEACH SCOPE OF WORK Delray Beach Downtown Charrette MASTERPLAN: (AutoCad and/or hand drawn) This drawing is for the project area. The specific plan will include, to scale: blocks, conceptual community buildings, com- munity spaces (greens, squares, parks), network of streets, parking, etc. The drawing will include the complete project area and frontage for adjacent properties. The Mas- terplan will be presented in a way that is suitable for marketing purposes (brochures, flyers, etc). SITE DETAIL PLAN/S: These will illustrate the specific and detailed design of a spe- cial areas such as the Entrances to the City, Special Intersections, Parks and Plazas, etc. The City, with the Urban Designers will choose the sites for these drawings. · TYPICAL STREET SECTIONS/PLANS: These will illustrate the specific design of the project's typical street details (as many as necessary) THREE DIMENSION ILLUSTRATIVE DRAWINGS: - Perspectives - Axonometric Projections - Street Elevations BUILDING PLACEMENT STANDARDS: The team of designers will provide the City with envelope and element regulations to ensure that buildings behave construc- tively towards the street and towards the neighbors · COMPUTER GENERATED IMAGES: Before & After computer generated images of the corridor and/or areas of special interest. · OTHER (tbd) 301 east ocean boulevard suite 300 stuart, florida 34994 phone (561) 221-4060 sc 269-4060 fax (561) 221-4067 REPORT: An 11' x 17' color report (booklet) with a compilation of the Charrette process and drawings as well as implementation and phasing strategies. It will also in- clude traffic engineering considerations and housing analysis. TEAM LOGISTICS (./ill provided by TCRPC): ROOMS: - Hotel accommodations, one room per designer. STUDIO AREA REFRESHMENTS (Sunday through Friday) - Access to refrigerator or large cooler - Coffee, drinks (water, cokes & juice) milk & sugar. - Snacks (healthy, not candy) fruits, bagels. TEAM MEALS Team dines out one evening and all breakfasts, other meals provided in studio or adja- cent room). st. lucie COUI'ICiI CITY OF DELRAY BEACH A Seven Day Planning Session Palm Beach County, Florida PR OPOSED AGENDA Address -TBD Friday, April 27~ 2001 7:00 p.m. Welcome and Opening Remarks 7:15 p.m. Overview of the Charrette Process/Slide Presentation 8:00 p.m. Open Microphone Session/Public Comment All Charrette participants will have an opportunity to learn more about the area. You are encouraged to express your opinions or concerns. All ideas are welcome. Saturday, April 28, 2001 10:00 a.m. The Charrette begins - Introductory Remarks Citizen Design Workshop 10:45 a.m. 1:00 p.m. 1:00 - 1:30 Lunch (Work continues through lunch) 1:30 - 3:00 Pin-up presentation by Citizens Friday, May 4, 2001 5:00 p.m. Work-in-progress presentation 301 east ocean boulevard suite 300 stuart, florida 34994 phone (561) 221-4060 sc 269-4060 fax (561) 221-4067 DELRAY BEACH Ali. America City Writer's Direct L~ne- 561/243-7091 DATE: December 20, 2000 TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Sale and Purchase of Hahn Property The purchase of this property would allow the City to install drainage improvements along Albatross Road. This property is located on the north side of Lindell Boulevard just west of the FEC railroad tracks. The essential terms of the purchase are as follows: 1. The City shall purchase the property for $85,000.00. 2. The closing date shall be prior to February 20, 2001. 3. The City will pay for title insurance and recording of the deed. The Seller shall pay all documentary stamps and the cost of any cure to the title and satisfaction of an existing mortgage, if any. Please call if you have any questions regarding the Contract for Sale and Purchase. By copy of this memorandum to David Harden, our office requests that the Contract for Sale and Purchase be placed on the January 2, 2001 City Commission agenda. Attachment CC: David Harden, City Manager Alison MacGregor Harty, City Clerk Randal Krejcarek, City Engineer RESOLUTION NO. 2-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, DESCRIBED AS TRACT O, TROPIC PALMS PLAT 1, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH PROPERTY IS LOCATED JUST WEST OF THE F.E.C. RAILROAD BETWEEN LINDELL BOULEVARD AND THE LEON M. WEEKES ENVIRONMENTAL PRESERVE, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF DELRAY BEACH AND WALTER & GEORGINE T. HAHN. Palms Plat 1 improvements WHEREAS, the City of Delray Beach, Florida, wishes to acquire Tract O, Tropic , for the municipal purpose of providing a detention pond for drainage to be constructed on Albatross Road; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach to purchase said property for the purpose described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to enter into a contract with Walter & Georgine T. Hahn, as Seller, in order to acquire certain real property in the City of Delray Beach, for the purchase price of Eighty-Five Thousand Dollars (US$85,000.00), and other good and valuable consideration; said property being more particularly described as follows: Tract O, Tropic Palms Plat 1, as recorded in Plat Book 25, Page 99, of the Public Records of Palm Beach County, Florida. The subject property is located just west of the F.E.C. Railroad between Lindell Boulevard and the Leon M. Weekes Environmental Preserve. Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the City of Delray Beach, Florida. Section 3. That the terms and conditions contained in the aforementioned contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named, are hereby incorporated herein as Exhibit "A" and can be further reviewed in the office of the City Clerk, 100 N.W. 1st Avenue, Delray Beach, Florida. PASSED AND ADOPTED in regular~ession on this 2nd day of January, 2001~. MAYOR ATTEST: - - ' '(~it~' C~er-k~-' - ! 2 Res. No 2-01 CURLEW RD CURLEW ROAD LEON WEEKES EN VIRO. PRESERVE DELRA Y KIA DELRA Y TO YO TA MORSE SA TURN MOBILE HOMES DUMAR PLAZA SHERWOOD HONDA MOBILE HOMES DELRA Y SHOPPING CENTER AVOCET 'YARD LINDELL BLVD AVENUE L CANAL POINT N THE POtN T PELICAN! BOCA HARBOR ISLE SHOPPE$ CONDO TROPIC ISLE DR PELICAN POIN~ CONDO CITY OF BOCA RA TON :ANAL N CITY 0{:' DELRAY BEACH, FL PLANNING .& ZONING DEPARTMENT WALTER HAHN'S PROPERTY -- DIChrAL BASE MAP SYSTEM -- MAP REF Lbt490 ~z/ZZ/O0 FRI 11:51 FAX 561 243 7314 Ein~'IRON~ENTAL SRV. DEPT. City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M [~]001 TO: FROM: DATE: SUBJECT: David T. Harden Randal L. Krejcarek, P.E. 22 December, 2000 Purchase of Walter Hahn Property Project 2000-045 Brian Shutt is sending you an agenda item for the purchase of Walter Hahn's property. This property is located just west of the FEC Railroad, between Lindell Boulevard and Leon Weeks Environmental Preserve. As we discussed several weeks ago at DSMG, this property will be utilized as a detention pond for the drainage improvements to be constructed on Albatross Road. The parcel, which is approximately 32,000 square feet, was appraised at $75,000.00. Mr. Hahn was asking for $85,000.00 and the decision was made to pay him the asking price. The attached map shows the location of this property. Please place this item on the 02 Jan 2001 commission agenda. Thank you. enc cc Bill Grieve, Civil Engineer Bdan Shutt, Assistant file ttE$SRVOO2tDEPARTMENTStEngAdmin~Projectst2000t2000.O45V_ETTERS~hahn propOl.doc CONTRACT FOR SALE AND PURCHASE WALTER & GEORGINE T. HAI-EN, ("Sellers"), of Windermere, Florida, and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall buy the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Tract O, Tropic Palms Plat 1, as recorded in PB 25, page 99, of the public records of Palm Beach County, Florida. II. PURCHASE PRICE .............. $85,000.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before lanuary 17, 2001, the offer will, at Buyer's option, be withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before February 20, 2001, unless extended by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appeanng on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract In conflmt with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. RIGHT OF FIRST REFUSAL: The instrument of conveyance from Seller to Buyer shall provide that any future conveyance of the property described above, for a period of fifteen (15) years, shall be subject to a right of first refusal by the Seller governed by the following terms and conditions: (The terms Buyer and Seller refer to the terms as defined in this agreement.) In the event Buyer receives a bona-fide offer to purchase the Real Property, or any part thereof, in an arms-length transaction ("Offer") which Buyer wishes to accept within the fifteen (15) year period, the Seller sba,' have a first right of refusal to purchase such Real Property upon the same terms and conditions contained in the Offer. In the event of the receipt of an Offer Buyer shall present to the Seller a true copy of the Offer which Buyer intends to accept. Upon Buyer's delivery of the Offer to Seller, Seller shall have ten (10) days thereafter within which to elect to exercise its right of first refusal by the delivery of written notice to Buyer of its exercise of its right of first refusal to the Property in accordance with the terms and conditions contained in the Offer and this Section. The closing between Buyer and Seller under the first refusal shall occur within ten (10) days following the Seller's timely exercise of its right of first refusal. In the event the Seller fails to timely exercise its first right of refusal, the right of refusal shall terminate and Buyer shall be free to close under the Offer pursuant to the terms of the Offer and such right of first refusal shall not thereafter run with land and shall immediately terminate upon the conveyance by Buyer to such third party. In the event the offer is for less than all of the Real Property, this right of first refusal shall continue as to the remainder of the Real Property. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title msurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the mount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or quahfication set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable tttle standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notme within which to remove the defect(s), failing which Buyer shall have the option of either accepting the t~tle as it then is or demanding a refund of deposit(s) paM which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title ~s found unmarketable, use diligent effort to correct defect(s) in title w~thln the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to dehver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, -2- easements, lands of others, or vtolate any restrictions, agreement covenants or apphcable governmental regulation, the same shall consmute a title defect. C. Ingress and Egress' Seller warrants and represents that there is regress and egress to the real property sufficient for the intended use as described hereto, ntle to which is in accordance with Standard A. D. Leases' Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duranon of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller ts unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that ume period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for hereto of any financmg statements, claims of lien or potential lienors known to Seller and further attesnng that there I:.,.e been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' hens executed by all general contractors, subcontractors, supphers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general ~contractors, subcontractors, suppliers and matenalmen and further affirming that all charges for ~mprovements or repairs which could serve as a basis for a mechanic's hne or a claim for damages have been paid or will be paid at closing. F. Place of Closing' Closing shall be held in the county where real property ts located, at the office of the attorney or other closing agent designated by Buyer G. Time' Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5.00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's hen affidavit, assignments of leases, tenant and mortgagee estoppel letters, and correcuve znstruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. Expenses: Documentary stamps on the deed shall be paid by Seller. J. Prorations: credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, m which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,homestead and other exemptions If closing occurs at a date when the current year's mflage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's mllage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax If there are completed improvements on real property by January 1st of year of closing which improvements were not m existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taktng into consideration available exemptions. Any tax proratton based on an estimate may, at -3- request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condmon that a statement to that effect is in the closing statement. K. Special Assessment Liens Certffied, confirmed and rattfied spectal assessment liens as of date of closing (and not as of Effecuve Date) are to be pard by Seller Pendmg liens as of date of closmg shall be assumed by Buyer. If the improvement has been substanually completed as of Effective Date, such pending lien shall be constdered as cemfied, confirmed or ratffied and Seller shall, at closing, be charged an amount equal to the last esttmate of assessment for the improvement by the public body L. Inspection, Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and extermr and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heaung, cooling, electrical, plumbing systems and machtnery are m WORKING CONDITION. Buyer may, at Buyer's expense, havtng inspections made of those items by an appropriately Florida hcense person dealing in the construction, repair or maintenance of those ttems and shall report m writing to Seller such ttems that do not meet the above standards as to defects together wtth t-e cost of correctmg them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever o,_,:urs first. Unless Buyer reports such defects within that nme Buyer shall be deemed to have waived Seller's w arrannes as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repatrs or replacement exceeds three percent (3%) of the purchase prtce, Buyer or Seller may elect to pay such excess, falling which either party may cancel th~s agreement. If Seller ts unable to correct the defects prior to closing, the cost thereof shall be paid tnto escrow at closing. Seller will, upon reasonable notice, provtde utihties servme for inspections. Between the effective date and the closing, Seller shall mamtam property ~ncluding but not limtted to the lawn and shrubbery, tn the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prtor to closing in order to confirm compliance with th~s standard M. Risk of Loss: If the property ts damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoranon shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoranon exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as ts, together with either the three percem (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). N. Escrow' Any escrow agent ("Agent") recetvmg funds or equivalent ~s authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subJeCt to clearance, disburse them in accordance w~th terms and condinons of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If m doubt as to Agent's duties or habilities under the provisions of agreement, Agent may, at Agent's opuon, continue to hold the subject matter of the escrow until the pames mutually agree to its disbursement, or until a judgment of a court of competent junsdmnon shall determine the rights of the partxes or Agent may depostt with the clerk of the circuit court having junsdicnon of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounnng for any items previously delivered out of escrow If a hcensed real estate broker, Agent will comply wtth provisions of Chapter 475, F S. (1997), as amended. Any stat between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or tn any suit wherein Agent lnterpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred wtth the fees and costs to be charged and assessed as court costs in favor of the prevatltng party. Parties agree that Agent shall not be liable to any party or person for m~sdelivery to Buyer or Seller of ttems subject to thts escrow, unless such misdelivery is due to willful breach of contract or gross neghgence of Agent O. Failure of Performance If Buyer fails to perform this Contract within the nme specified (including payment of all deposit(s)), the deposltts) pard by Buyer may be retatned by or for the account -4- of Seller as agreed upon liquidated damages, constderat~on for the execunon of this Contract and tn full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obhgat:ons under Contract; or Seller, at Seller's option, may proceed tn eqmty to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's role marketable after dfltgent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific pertbrmance or elect to recetve the return of Buyer's deposit(s) wtthout thereby waiving any actton for damages resulting from Seller's breach. P. Agreement Not Recordable; Persons Bound~ Notice: Neither th~s agreement nor any notice of it shall be recorded tn any pubhc records. Th~s agreement shall bind and enure to the benefit of the parties and their successors tn interest. Whenever the context permtts, singular shall include plural and one gender shall include all. Notice gtven by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to aa easement for any utilities that may exist and he on the property R. Other Agreements x,o prior or present agreements or representations shall be binding upon Buyer or Seller unless included tn this Contract. No mothfication or change m th~s Contract shall be valid or binding upon the parties unless tn writing and executed by the party or parnes tntended to be bound by it. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property wNch are not readily observable by Buyer or which have not been disclosed to Buyer. BUYER: City of Delray Beach SELLERS: By: By: Mayor, David Schmidt Walter Hahn ATTEST: By: City Clerk By: Georgine T. Hahn Approved as to Form: By: City Attorney State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this __ 200 by WALTER HAHN, who is personally known to me .(type of identification) and who did (did not) take an oath. day of or who has produced Signature of Notary Public- -5- State of Florida State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~ day of , 200_ by GEORGINE T. HAHN, who is personally known to me or who has produced .(type of identification) and who did (did not) take an oath. Signature of Notary Public- State of Florida -6- 561 243 7514 ENVIRONIIENTAL SRV. DEPT. ~002 ..... 8"xF'JLI $~WA1~R INt,EI' LOC LrlI~.,~L OL'SlGN ~ LOC.' 8Y ~ D~T, AJLEO 26O 50U~ 24' (,='r l::~T "4 67 I.F 50' 7 i,.r ~" i.ir 30' RCP RI~ £L 120 F MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER AGENDA ITEM 9..-~'. - REGULAR MEETING OF JANUARY 2~ 2001 "PALM BEACH COUNTY DAY" SPONSORSHIP DECEMBER 29, 2000 Attached is correspondence from Bob Weisman, County Administrator, inviting us to participate as a sponsor for "Palm Beach County Day" to be held in Tallahassee over the period March 6-8, 2001. This is a joint effort designed to showcase Palm Beach County while our legislative priorities are presented to the Governor, the Cabinet and the Florida Legislature. Sponsorship levels range from $300.00 for a Municipal/Non-Profit sponsor, to $500 for Business sponsors, and up to $1,000 and above for Corporate level sponsors. Details as to what is included at each level are provided in the attached correspondence, as is information concerning registration to attend this event. If the Commission would like to participate as a sponsor, funding in the amount of $2,500 is available from 001-6311-572-83.01 (Other Grants and Aid). Recommend Commission consideration. Ref:Agmemo 14.Palm Beach County Day Sponsorship PO Box 1989 West Palm Beach, FL 33402-1989 (561) 355-2001 FAX (561) 355-3990 wwwco palm-beach fl us Palm Beach County Board of County Commissioners Warren H Newell, Chairman Carol A Roberts. V~ce Chmr l~ren T Marcus Mary McCarty Burt Aaronson Tony Masllott~ Addle L Greene County Administrator Robert Welsman "An Equat Opportumty Affirmartve Acrton Employer~ MESSAGE FROM THE COUNTY ADMINISTRATOR WELCOME I am pleased to invite you to participate as a sponsor for Palm Beach County Day, to be held over the period of March 6-8, 2001 in Tallahassee, Florida. This event is organized by the Board of County Commissioners, the League of Cities and the School District and is designed to highlight aspects of Palm Beach County while we present our legislative priorities to the Governor, the Cabinet and the Florida Legislature. Sponsors are crucial to Palm Beach County Day's success, and make it possible for our state officials to become acquainted with the educational, cultural, business, environmental and civic elements which make Palm Beach County unique. Your sponsorship enables Palm Beach County to preserve this tradition of kicking off the start of a new legislative session in Tallahassee. Aside from helping your community, you will benefit through media exposure and networking with other prominent community leaders. As a sponsor, you will reach a number of important audiences: our state and local elected officials, bus~ness interests and civic organizations. Our goals for Palm Beach County Day include: · Establishing Palm Beach County Day as the premier annual event of the Florida legislative session · Participating in the legislative process and educating our community on how state bills and appropriations are formulated and succeed · Offering a select group of quality sponsors the opportunity to participate and raise awareness about their organization · Promoting commerce and tourism in Palm Beach County Thank you for your interest in Palm Beach County Day 2001. I look forward to your involvement in th~s event. Sinc..~rely, ~,... } Robert Weisman County Administrator ~ prlnted on recycled paper Municipal / Non-Profit Sponsor- $300 As a Municipal / Non-Profit Sponsor of Palm Beach County Day 2001 you are entitled to: · Recognition on the sponsor board at all events as well as in the printed program. · Invitation to attend the Bowmans' traditional 'Cook's Party' on Tuesday evening. · 2 VIP tickets to the opening breakfast on Wednesday · 2 VIP tickets to the Wednesday luncheon on the 22nd floor of the Capitol building (seating is limited) · 2 VIP tickets to the Wednesday evening private reception at Sloppy Joe's · 2 VIP tickets to the closing breakfast on Thursday · The opportunity to provide an exhibit to be displayed on the 1st floor of the Capitol Rotunda · Complimentary ground transportation to and from the Tallahassee Airport · Lodging limited to two (2) rooms per package at the Courtyard Marriott (first come first served) NOTE: Due to the popularity o.f the events and the seating/capadty limitations, admission tickets are required Jbr all guests. (Registration form on reverse side.) YES! REGISTRATION FORM Complete this form and fax back now to (561) 355-4366. Include us in your Palm Beach county Day 2001 plans! We will be Corporate level sponsors .............................. @ $1,000 We will be Business level sponsors ................................. @ $500 We will be Municipal/Non-Profit level sponsors ........ @ $300 Event Sponsor: (Specify). Yes, we would like to reserve a room. (Please specify 1 or 2 rooms) The room(s) should be reserved in the foilowin§ names: Attendee: ~': Attendee: Check form of Payment for hotel reservations: Card No. AMEX [~ ViSA [~ MasterCard Exp. Date: / Name on Card: Business Name: Contact Name: Street Address: Phone: Fax: City:. E-Mail Address: State: Zip: Please make checks payable to: Palm Beach County Day and send to: Palm Beach County Board of County Commissioners 301 North Olive Avenue, Suite 1202 West Palm Beach, Florida 33401 Attention: lva Grady Checks must be received no later than ,lanuar~ 31, 2001. For additlonal in, formation call Iva at (561) 355-4125 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER AGENDA ITEM 9 ~7' ' REGULAR MEETING OF JANUARY 2, 2001 CONTRACT ADDITION (C.O. #1)/TELCON, INC. (VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS) DECEMBER 29, 2000 On June 20, 2000, the City Commission approved a contract award to Telcon, Inc. for the Venetian Drive Infrastructure Improvements project. The work revolved water and sewer main upgrades, drainage improvements and roadway reconstruction on Venetian Drive as well as Miramar Street, Ingraham Avenue, Nassau Street and Langer Way. As the work progressed, it was discovered that the existing water main within the Ingraham Avenue right-of-way between MacFarlane Drive and Venetian Drive, along with a pomon of existing water main on Venetian Drive, had deteriorated to the point that replacement is necessary. Hence, this contract addition which expands the scope of work to include the installation of a new 8" water main to replace the existing mains. The contract addition is in the amount of $69,119.00 and is based on unit prices already established in the original contract. The remsed scope also includes a ninety (90) calendar day extension for the prolect. Funding is avatlable from 442-5178-536-63.50 (Water Mains). Recommend approval of the contract addition (C.O. #1) in the amount of $69,119.00 and a ninety calendar day extension with Telcon, Inc. for the Venetian Drive Infrastructure Improvements project. RefiAgrnemol 1.Contract Add.Telcon.Venetian Drive Agenda Item No.: ?.~ AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda ~ Workshop Agenda Date: December 22, 2000 When: January 2. 2001 Description of item (who, what, where, how much: Attached for Commission approval is an agenda request for a Contract Addition (C O. #1) to Telcon, Inc., Inc. on the above referenced project. The scope of work ~ncludes the installation of a new 8" DIP water main on Ingraham Ave from Macfarlane Dr to Venetian Dr. and approximately 250 If on Venetian Dr. The new mains w~ll replace the deteriorated 8" ma~n on Venetian and replace/upgrade the existing deteriorated 6" and 2" mains on Ingraham The amount of the proposed work is $69,119.00 and is primarily based on unit prices already established in the Contract. The schedule of items attached to the Change Order references the estimated quantities and the unit prices C O. #1 also includes a ninety-day calendar day time extension for the project Funding Source is 442-5178-536-63.50 (R&R Water Mains). ORDINANCE/RESOLUTION REQUIRED: Recommendation: Staff Recommends approval of the ~ontract T elcon, Inc , ,/~~///~,~ Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): YES/~RAFT ATTACHED YES~ Addition (c.0. #l) to Budget Director Review (requir~ on all items involving expenditure of funds): Funding available: YES~ Funding alternatives (if a.~cable) Account No. & Description ~ -~z-/~/~-~C~,-~J/50 ~/~ ~,~ Account Balance~3~/. ~ ~ ~ /~-/~/~ ~. City~nager Review: ~~ ~ Approved for agenda: ~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen00-10.doc Memorandum To: From: Date: David T. Harden, City Manager Howard Wight, Dep Director of Const December 22, 2000 Re: Venetian Drive Infrastructure Improvements (PN 00-10) Contract Addition for Water Main Replacement Attached for Commission approval is an agenda request for a Contract Addition (C.O. #1) to Telcon, Inc., Inc. on the above referenced project. The scope of work includes the installation of a new 8" DIP water main on Ingraham Ave from Macfarlane Dr to Venetian Dr. and approximately 250 If on Venetian Dr. The new mains will replace the deteriorated 8" main on Venetian and replace/upgrade the existing deteriorated 6" and 2" mains on Ingraham. The amount of the proposed work is $69,119.00 and is primarily based on unit prices already established in the Contract. The schedule of items attached to the Change Order references the estimated quantities and the unit prices. C.O. #1 also includes a ninety-day calendar day time extension for the project. Funding Source is 442-5178-536-63.50 (R&R Water mains). A budget transfer is attached. file: 00-10 A CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRAC,T CHANGE NO. 1 (Contract Addition) PROJECT NO. 00-10 DATE: PROJECT TITLE: Venetian Drive Infrastructure Improvements TO CONTRACTOR: Telcon, Inc.. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construct new water main on Ingraham Ave and a portion of Venetian Dr. All improvements are to be constructed in accordance with the items and unit prices of Schedule 'A' attached. The final amount will be determined from the actual measurements at the unit prices of Schedule SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 1,458,795.00 $ 0.00 $ 1,458,795.00 $ 69,119.00 $ 1,527,914.o0 PER CENT INCREASE THIS CHANGE ORDER 4.7% TOTAL PER CENT INCREASE TO DATE 4.7% CCNTRACT TIME TO BE INCREASED 90 CALENDAR DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Telcon, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Sources is 442-5178-536-63.50 (R&R Wate Mains) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: David Schmidt, Mayor ATTEST: By: City Attorney City Clerk CITY OF DELRAY BEACH VENETIAN DRIVE INFRASTRUCTURE IMPROVEMENTS PROJECT No. 2000-010 BID No. 2000-029 Water Main Replacement Ingraham, Venetian Contract Addition (C.G. #1) 5 (--/'J ~ L) L~_ ~l A t/ I Quantity I Telecon, Inc. Item # DeacriDtion t E~t.'Qty. 'Units Price Bid Total Z Ma,ntenance of Traffic ! , LS f .~.6~0~'' //~6~0~ 31 8" PVC (C-900) Water Main 600 L~ t = $27 00 ~ $16,200 00 32 8" Gate Valve -- 8 EA I ' ' $858 00 $6,864 00 8. x8, Tapping Sleeve and Valve -- i EA ~ 73.~00; '~ /~=~(OO 8" L,ne Stop 2 EA ' ~/,._~00.:' /3. OO(~: 36 Fire Hydrant Assembly 1 EA. $1,869 00 $ l,$69 00 37 Fdl & Flush Assembly 2 EA $985 00 $1,970.00 38 Sample Point 2 EA $320 00 $640 0~ 39 Connect to Existing Water Main 2 EA $I,125.00 $2,250.00 39 2" Jumper Connection - ' 1 EA $1,5~)~-~ .... $1,500.00 40 Remove Exist. Water Mares I 600 LF $12 00 $7,200.00 .... 41 Single Water Services i 5 EA $473 00 $2,365.00 42 Double Water Services 1 EA $561 00 $561 00 43 Rear Yard Water Service Connections 0 EA $t,157 00 $0 00 80 Utility Allowance ! LS St0,000.00 $[0,000 00 _ To~ ~ q,//? 12/20/00 bidtab Page 1 of I City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (3) Interfund/Interdepartmental Transfer (2) Date December 21, 2000 (4) Batch Number (5} Requested By: Howard Wight PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 442-5178-536-63.51 Sewer Mains $69,119 442-5178-536-63.50 Water Mains $69,119 (10) TOTAL $69,119 $69,119 JUSTIFICATION: To fund Change Order #1, P.N. 00-10 for Ingraham/Venetian Water Main Replacement. Telcon Inc. Approved City Commission meeting 1/2/01. Department Head ~'~ ~//'/'/~//~,/~ Asst City Manager Finance Director City Manager (11) Budget Revision Date (13) Period cc: PN 2000-063 ORIGINAL-BUDGET CANARY-FILE (12) Control Number (14) Count PINK-DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER AGENDA ITEM ? JC~ . REGULAR MEETING OF JANUARY 2, 2001 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD DECEMBER 28, 2000 The terms for regular members Lynn Gardner (real estate position), Barbara Holden (layperson serving in the architect posmon), and Stanley Watsky (layperson serving in the engineer posiuon) will expire on January 14, 2001. The term for alternate member Anthony Vdt_ri (layperson serving in a real estate poat~on) will also expire on January 14, 2001. All have served one full three-year term. They are all ehg~ble and would like to be considered for reappomtment. In adchtton, Josh Smith, Jr. would hke to be considered for appointment as a regular member. Dr. Srmth is currently serving as an alternate member on the board. The term is for three years, ending January 14, 2004. Attendance records are attached. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be made on the basis of expermnce or interest in the fields of zoning and braiding control. The regular and alternate membership shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted applications and would hke to be considered for appointment: · Diane E. Borchardt (planner) · Lynn Gardner (incumbent/real estate person) Barbara Holden (mcumbent/layperson) · Josh Smith, Jr. (current alternate/educator) · Dwight E. Stephenson (business owner) · Anthony Veltn (current alternate/layperson) Stanley Watsky (incumbent/layperson) A check for code violauons and/or mumcipal hens was conducted. None were found. The order of appointment will be as follows: · Mayor Schmidt (Seat #5) · Comrmssioner Perlman (Seat #1) · Commissioner Archer (Seat #2) · Commissioner Schwartz (Seat #3) Regular member/real estate Regular member/architect Regular member/engineer Alternate member/real estate Recommend appointment of three regular members and one alternate member to the Code Enforcement Board for three year terms ending January 14, 2004. RefiAgrnemo3.Appts. to Code Enforcement Board MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER AGENDA ITEM ri. ,Z... REGULAR MEETING OF JANUARY 2, 2001 LUMP SUM BONUS PROVISION FOR GENERAL EMPLOYEES DECEMBER 29, 2000 The City Comrmssmn is requested to approve the proposed change to the lump sum bonus provision for general employees (exempt and non-exempt) as outlined m the attached memorandum from the Human Resources Director. The recommended change will extend a more equitable process to those general employees who are near or at the maxn'num amount of their salary ranges but who, nonetheless, continue to perform at satisfactory or above performance levels. It ~s m line w~th what was provided to the Police Umon in the most recently negotiated contract. Recommend Commission approval of the proposed lump sum bonus provision for general employees (exempt and non-exempt). Ref:Agmemo 10.Lump Sum Bonus. General Employees Request to be placed on: 2000 X Consent Agenda When: January 2, 2001 Description of agenda item:. is completed. ORDINANCE/RESOLUTION REQUIRED: Draft of resolution Attached: Recommendation: Approve Department Head Signature: Edward J. AGENDA ITEM NUMBER: c~./~. AGENDA REQUEST Date: November 3, Special Agenda __ Workshop Agenda Lump Sum Bonus granted at the time the Performance Appraisal YES NO YES NO Gu'~~,/I-luman Resources Director Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding altematives: Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda~ Hold Until: Agenda Coordinator Review: No Received: Action: Approved Disapproved P.O. # MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Edward J. Gusty, Human Resources Director December 27, 2000 LUMP SUM BONUS - GENERAL EMPLOYEES AND NON-EXEMPT) (EXEMPT Currently, when a general employee (exempt and non-exempt) receives an annual Performance Appraisal, a recommended Performance Increase is issued. This process results in one of the following actions: · A full percentage increase in the hourly/annual rate; or, · No percentage increase (because the employee is either at the maximum of the pay grade and a Lump Sum Bonus is appropriate or the employee is not deserving of an increase because their Performance Appraisal is Unsatisfactory); or, · Partial percentage (to reach the maximum rate for the grade), along with a possible Lump Sum Bonus in the final pay check of the fiscal year. In order to be considered for the Lump Sum Bonus, an employee must have had an average or above average Performance Appraisal. In addition, the employee could not have had any discipline resulting in disciplinary suspension imposed upon them during the evaluation year for which the bonus would be paid and could not have had any at- fault accidents in excess of the current deductible observed by the City. In order to allow all general employees an equitable process for annual Performance Appraisals and appropriate fiscal adjustment we recommend the following: Effective October 1, 2000, during the annual Performance Appraisal process, an employee who reaches or is at the maximum amount of the salary range and who receives only a portion of the recommended annual Performance Increase may be eligible for a Lump Sum Bonus. The bonus awarded shall be the amount the Performance Appraisal recommended and not received, but in no case shall the combined Performance Increase amount and the bonus exceed five percent (5%) of the base annual salary. Such bonus amount may be paid at the time of the employee's Performance Appraisal. The exclusion of the final year end Lump Sum Bonus payments will eliminate the excessive paperwork and processing of forms involved from the various departments to the Human Resources and Finance Departments. MEMORANDUM TO: FROM: SUBJECT: DATE: CiTy YOR AND CITY COMMISSIONERS MANAGER AGENDA ITEM l C./~.- REGULAR MEETING OF JANUARY 2, 2001 ORDINANCE NO. 35-00 (ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES DECEMBER 29, 2000 This xs second reading and a second pubhc hearing for Ordinance No. 35-00 which amends various sections of the Land Development Regulauons with respect to residential and non-residential alcohol and drug abuse treatment facihties. It brings the Cxty's regulanons into conformance w~th the State's reqmrements for the regulation of these types of fac~httes under Chapter 397 of the Florida Statutes. The amendment mx, oNes changing the defmiuon of alcohol and drug abuse treatment faci_hties and other code sections that refer to alcohol and drug abuse treatment facilmes. LDR Secuon 4.3.30D) lists specific reqmrements for alcohol and drug abuse treatment fac~hues. It ~s being amended to include location and other restrictions. The proposed amendment includes a restncuon that neither residential nor non-res~denual facfliues shall be located within 1,200 feet of any pubhc or private elementary, n'addle or secondary school. It also would not allow estabhshment of a facility within 1,200 feet of another fac~hty. Addiuonal background and an analys~s of the request are provided in the attached staff report. The Planning and Zoning Board held a public heanng on this item at ~ts meeting of November 20, 2000. There was no pubhc tesumony. After discussion, the Board voted 6 to 0 to recommend that the proposed text amendment be approved based upon positive findings w~th respect to LDR Section 2.4.5(M). At fzrst reading on December 12th, the City Commission passed the ordinance by unammous vote after a lengthy discussion on the legahttes revolved with fins ~ssue. Recommend approval of Ordinance No. 35-00 on second and final reading. RefiAgrnemol.Ord 35-00.Alcohol and Drug Abuse Treatment ORDINANCE NO. 35-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AS FOLLOWS: AMENDING APPENDIX "A", "DEFINITIONS", BY REPEALING THE DEFINITION OF "ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND ENACTING THE DEFINITIONS OF "RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" AND "NON- RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY" TO CONFORM TO CHANGES IN THE FLORIDA STATUTES; AMENDING SECTION 4.3.3(D), "ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES", TO REFLECT CHANGES MADE TO THE DEFINITION OF "ALCOHOL AND DRUG ABUSE TREATMENT FACILITY", AND TO PROVIDE SPACING REQUIREMENTS BETWEEN SCHOOLS AND OTHER ALCOHOL AND DRUG ABUSE TREATMENT FACILTIES; AMENDING SECTION 4.4.6 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE RM ZONING DISTRICT; AMENDING SECTION 4.4.9 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE GC ZONING DISTRICT; AMENDING SECTION 4.4.13 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE CBD ZONING DISTRICT; AMENDING SECTION 4.4.16 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE POD ZONING DISTRICT; AMENDING SECTION 4.4.17 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE RO ZONING DISTRICT; AMENDING SECTION 4.4.21 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE CF ZONING DISTRICT; AMENDING SECTION 4.4.24 TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE OSSHAD ZONING DISTRICT; AMENDING SECTION 4.6.9 TO SPECIFY THE OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the legislature has amended Chapter 397, Florida Statutes regarding the regulation of residential and non-residential Alcohol and Drug Abuse Treatment Facilities; and WHEREAS, the City Commission has determined that the City's Land Development Regulations regarding Alcohol and Drug Abuse Treatment Facilities require amendment to conform with the State's requirements under Chapter 397, Florida Statutes; and WHEREAS, the City Commission has determined that Section 4.3.3(D) of the Land Development Regulations requires amendment to reflect changes made to the definition of Alcohol and Drug Abuse Treatment Facility; and WHEREAS, the zoning districts where such facilities are allowed must be amended to reflect the change in designation; and WHEREAS, the location of such facilities is a land use matter and is within the public interest of the citizens of the City of Delray Beach; and WHEREAS, schools and other places where children are located in large or disproportionate numbers have received increased protection under the law from influences and situations for which they are ill-equipped to deal with appropriately (See, e.g., Chapter 893.13, Florida Statutes); WHEREAS, the City Commission has determined that based on the above concerns, neither a residential facility nor a non-residential facility is appropriately located within 1200' of a public or private elementary, middle or secondary school; and WHEREAS, the City Commission finds that treatment of recovering drug users, alcoholics and other addicts to be an important and worthy objective; and 2 Ord. No. 35-00 WHEREAS, the City Commission finds that a concentration of residential Alcohol and Drug Abuse Facilities in particular neighborhoods leads to a de facto institutionalization of those receiving treatment (See Farnilystyle of St. Paul, Inc. v. City of St. Paul, 923 F.2d 91 (8~ Cir. 1991)); and WHEREAS, the City Commission has determined that spacing requirements between residential facilities and maximum capacity limits in specified districts will prevent de facto institutionalization of those receiving treatment and will encourage integration; and WHEREAS, the City may regulate the location of such facilities through the exercise of its police powers in furthering local land use concerns. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Appendix "A", "Definitions" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida is hereby Amended to read as follows: "Residential Alcohol and Drug Abuse Treatment Facility" Any facility which is or will be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be amended from time to time, as a residential program. "Non-residential Alcohol and Drug Abuse Treatment Facility" Any facility which is or will be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be amended from time to time, as a program other than a residential program. Section 2. That Article 4.3, "District Regulations; General Provisions", Section 4.3.3, "Special Requirements for Special Uses" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: (D) Residential and Non-residential Alcohol & Drug Abuse Facilities: Unless otherwise specified, the following provisions apply to Residential Alcohol and Drug Abuse Treatment Facilities. Non-residential Alcohol and Drug Abuse Treatment Facilities are considered medical offices for the purposes of zoning classification and regulation. Ord. No. 35-00 (1) Floor Area: (a) Rooms: Minimum floor area for bedrooms and the minimum number of bathrooms shall be governed by the Standard Housing Code. (b) Common Area: At least 10% of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety of recreational and therapeutic activities may occur. (2) Facilities and Requirements: (a) Individual rooms or suites shall, in no case, have kitchen facilities or other such facilities available for the preparation of food. (b)Nothing in this subsection shall relieve any residential or non-residential alcohol or drug abuse treatment facility from compliance with F.S. Chapters 396-and 397 of the Florida Statutes or any Palm Beach County Rules and Regulations pertaining to alcohol or drug abuse treatment facilities. (3) Appearance: Residential 9ralcohol and drug abuse treatment facilities --"-:"~' A__, ..... ., · ,,-' .... ,,~o,u,~,~[,,~-'-~A-':^' ,,~o~-'"~'-"~'~,~ shall have building elevations which are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. (4) Licenses and Inspections: (a) Fire Inspections: Issuance of an occupational license shall be preceded by an annual safety inspection; issuance of an occupational license shall be contingent upon compliance with the recommendations of the City Fire Marshal and the Chief Building Official. (b) State License: Applicants for a City occupational license shall submit a copy of the entire State application form as submitted to the State, to the Occupational License Administrator at the time of application for an occupational license. Proof of licensure by the State shall be submitted to the City within three months of issuance of the City occupational license. (c) Annual License: Occupational licenses must be renewed annually, and be only received upon provision of proof that the facility continues to be licensed by the State and upon passing of City inspections. 4 Ord. No. 35-00 (5) Location Restrictions and Special Regulations: (a) A residential alcohol and drug abuse treatment facility shall not be located within 1,200 feet of another residential alcohol or drug abuse treatment facility. (b) Neither a residential alcohol and drug abuse treatment facility nor a non-residential alcohol and drug abuse treatment facility shall be located within 1,200 feet of any public or private elementary, middle or secondary school. Section 3. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.6 Medium Density Residential (RM) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District: (2)Residential Alcohol and d__Drug aAbuse tTreatment ff_acilities: subject to restrictions set forth in Section 4.3.3(D). Section 4. That Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.9 General Commercial (GC) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). (1) Residential Alcohol and Drug Abuse Treatment Facilities: subject to restrictions set forth in Section 4.3.3(D). 5 Ord. No. 35-00 Section 5. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.13 Central Business (CBD) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (2)Residential Alcohol and dDrug aAbuse tTreatment ~acilities: subject to restrictions set forth in Section 4.3.3(D). Section 6. That Article 4.4, "Base Zoning District", Section 4.4.16, "Professional and Office (POD) District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.16 Professional and Office (POD) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POD District: (2)Residential Alcohol and Drug Abuse Treatment Facilities.- subject to restrictions set forth in Section 4.3.3(D). Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office (RO) District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows' Section 4.4.17 Residential Office 0lO) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (2)Residential Alcohol and dDrug aA__buse tTreatment fF_acilitiesr subject to restrictions set forth in Section 4.3.3(D). 6 Ord. No. 35-00 Section 8. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities (CF) District" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.21 Community Facilities (CF) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: (1) Health Care, such as: adult congregate living; continuing care; homes for the aged; nursing homes; suB~tan¢c residential alcohol and drug abuse treatment facilities subject to restrictions set forth in Section 4.3.3(D); hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health treatment facilities including residential care. Section 9. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD' (4)Adult congregate living facilities, Residential Alcohol and Drug Abuse tTreatment f~_acilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. Section 10. That Article 4.6, "Supplemental District Regulations", Section 4.6.9, "Off-Street Parking Regulations" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: Section 4.6.9 Off-Street Parking Requirements: (C) Number of Parking Spaces Required: 'The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. 7 Ord. No. 35-00 (7) Other Uses: (a) Abused Spouse Residence: One space per sleeping room plus one space for each shift employee. (b) A.C.L.F'S, Residential Alcoholic and Drug Abuse Treatment Facilities, and Nursing Homes: Shall provide one space for each four beds. Section 11. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 13. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 2'~ day of January, 2001. MAYOR ATTEST: City C~rk ! First Reading December 12, 2000 Second Reading January 2, 2001 8 Ord. No. 35-00 -PLANNING_"' AN Di Z ' !i G?BD R. D/! MEMORA-NDUM. STAFF REPOR '; -'I MEETING OF: NOVEMBER 20, 2000 AGENDA ITEM: III.D. AMENDMENT TO THE DEFINITION OF ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES. The item before the Board is that of processing an amendment to the "Definitions" section of the Land Development Regulations (LDRs) regarding alcohol and drug abuse treatment facilities. The amendment is being processed in accordance with LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND AND ANALYSIS '~" '" This amendment is corrective in nature. The State Legislature amended Chapter 397, Florida Statutes, regarding the regulation of residential and non-residential Alcohol and Drug Abuse Treatment Facilities. Thus, an amendment to the City's Land Development Regulations regarding Alcohol and Drug Abuse Treatment Facilities is necessary to conform with the State's requirements under Chapter 397, Florida Statutes. The amendment involves changing the definition of alcohol and drug abuse treatment facilities and those code sections that refer to alcohol and drug abuse treatment facilities. LDR Section 4.3.3(D), which list specific requirements of alcohol and drug abuse treatment facilities, has also been amended to include location and other restrictions. At its meeting of September 18, 2000, the Planning and Zoning Board held a public hearing with regard to the proposed text amendment. Several members of the public spoke with regard to the amendment. Most of the comments related to the proposed location restrictions and distance criteria. The amendment included criteria that a facility could not be located within 500' of single family zoning districts, or within 1,200' of another facility, and that facilities located in the RM, RO, and OSSHAD zoning districts would be limited to a maximum capacity of 14 residents. The Board's discussion and comments from the public primarily related to not allowing facilities to locate within 1,200' of a school, facilities not allowing admission to patients who are under court order, and prohibiting detoxification at facilities. The Board tabled the item so that staff could look into some of the suggestions. The item was further discussed at the Board's October workshop meeting. The following ~s a response to the inquiries. Detoxification is prohibited in residential zomng districts, however, it is not prohibited in non-residential zoning districts as it would be similar to other medical or institutional type uses. Florida Statutes allow for individuals to be ordered by the courts to licensed treatment programs. Violent offenders would not be sentenced to a rehabilitation program. P&Z Board Staff Report Definition of Alcohol and Drug Abuse Treatment Facilities Page 2 · Schools and other places where children are located in large or disproportionate numbers have received increased protection under the law from influences and situations for which they are ill-equipped to deal with appropriately (See, e.g., Chapter 893.13, Florida Statutes). Thus, the proposed amendment includes a restriction that neither residential nor non-residential facilities shall be located within 1,200' of any public or private elementary, middle or secondary school. In order to provide available sites within the City, the 500' distance criteria from a .single family zoning district has been eliminated from the request. The limitation to a maximum of 14 residents for facilities in the RM, RO and OSSHAD zoning districts has also been eliminated as the justification for both requirements were gleaned from Chapter 419 Florida Statutes pertaining to Community Residential Homes. As depicted in Exhibit A, the number of available sites where a facility could locate was severely limited under these criteria and existing facilities, such as the South County Drug Abuse Foundation Facility on South Swinton Avenue, would have become nonconforming. The spacing requirements between residential facilities were retained to prevent de facto institutionalization of those receiving treatment and to encourage integration. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping" purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. RECOMMENDED ACTION By motion, recommend approval of the attached amendments to the "Definitions" section of the Land Development Regulations as well as Section 4.3.3(D) and other affected sections, based upon positive findings with LDR Section 2.4.5(M). Attachments: · Proposed Amendment · Exhibit A (Map delineating 500' from single family zoning and 1,200' from public/private schools) · Exhibit B (Map delineating 1,200' from pubhc/private schools) P&Z Board Staff Report Definition of Alcohol and Drug Abuse Treatment Facilities Page 3 Appendix "A", "Definitions" "Residential Alcohol and Druq Abuse Treatment Facility" Any facility which is or will be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes. as may be 'amended from time to time, as a residential program. "Non-residential Alcohol and Druq Abuse Treatment Facility" Any facility which is or will be licensed by the State of Florida pursuant to Chapter 397, Florida Statutes, as may be amended from time to time. as a program other than a residential program. Section 4.3,3(D) Residential and Non-residential Alcohol and Drug Abuse Treatment Facilities: Unless otherwise specified, the followinq provisions apply to Residential Alcohol and Drug Abuse Treatment Facilities. Non-residential Alcohol and Druq Abuse Treatment Facilities are considered medical offices for the purposes of zoninq classification and regulation. (1) Floor Area: (a) Rooms: Minimum floor area for bedrooms and the minimum number of bathrooms shall be governed by the Standard Housing Code. (b) Common Area: At least 10% of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety of recreational and therapeutic activities may occur. (2) Facilities and Requirements: (a) Individual rooms or suites shall, in no case, have kitchen facilities or other such facilities available for the preparation of food. (b) Nothing in this subsection shall relieve any residential or non-residential alcohol or drug abuse treatment facility from compliance with F.S. Chapters 386-a~ 397 of the Florida Statutes or any Palm Beach County Rules and Regulations pertaining to alcohol or drug abuse treatment facilities. P&Z Board Staff Report Definition of Alcohol and Drug Abuse Treatment Facilities Page 4 (3) Appearance: Residential A_alcohol and drug abuse treatment facilities whieh-ace ,.....~,..,~'"'"~*'~'4 ~,, ....,, ....,,.,.,~'4"'-'*~"',,,,-, ~,.+.;,.,~...,..., ,,..~ shall have building elevations which are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. (4) Licenses and Inspections: (a) Fire Inspections: Issuance of an occupational license shall be preced, ed by an annual safety inspection; issuance of an occupational license shall be contingent upon compliance with the recommendations of the City Fire Marshall and the Chief Building Official. (b) State License: Applicants for a City occupational license shall submit a copy of the entire State application form as submitted to the State, to the Occupational License Administrator at the time of application for an occupational license. Proof of iicensure by the State shall be submitted to the City within three months of issuance of the City occupational license. (c) Annual License: Occupational licenses must be renewed annually, and be only received upon provision of proof that the facility continues to be licensed by the State and upon passing of City inspections. (5) Location Restrictions and Special Regulations: (a) Neither residential nor non-residential facilities shall be located within (b) 1,200' of any public or private elementary, middle or secondary school. A residential facility shall not be located within 1,200' of another residential alcohol or druq abuse treatment facility. Section 4.4.6 Medium Density Residential (RM) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District: (2)Residential Alcohol and d_Drug a~_buse tIreatment fE'_acilities= restrictions set forth in Section 4.3.3(D). subiect to Section 4.4.9 General Commercial (GC) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). [Amd. Ord. 53-96 11119196]; [Amd. Ord. 72-95 1215195] (1) Residential Alcohol and Drug Abuse Treatment Facilities= subject to restrictions set forth in Section 4.3.3(D). oo P&Z Board Staff Report Definition of Alcohol and Drug Abuse Treatment Facilities Page 5 Section 4.4.13 Central Business (CBD) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (2)Residential Alcohol and d_.Drug a~_buse tTreatment fFacilities.- subject to restrictions set forth in Section 4.3.3(D). Section 4.4.16 Professional and Office (POD) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POD District: (2) Residential Alcohol and Drug Abuse Treatment Facilities.- subject to restrictions set forth in Section 4.3.3(D). Section 4.4.t7 Residential Office (RO) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (2)Residential Alcohol and restrictions set forth in Section 4.3.3(D). dDrug a~,_buse tTreatment fFacilities.- subiect to Section 4.4.21 Community Facilities (CF) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: (1) Health Care, such as: adult congregate living; continuing care; homes for the aged; nursing homes; substacm, e residential alcohol and druq abuse treatment facilities subject to restrictions set forth in Section 4.3.3(D}; hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health treatment facilities including residential care. [Amd. Ord. 32-94 6121194] Section 4.4.24 Old School Square Historic Arts District fOSSHAD) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: P&Z Board Staff Report Definition of Alcohol and Drug Abuse Treatment Facilities Page 6 (4)Adult congregate living facilities, Residential Alcohol and Drug Abuse t:Treatment fFacilities subiect to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. Section 4.6.9 Off-Street Parkin_q Requirements: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (7) Other Uses: (a) Abused Spouse Residence: One space per sleeping room plus one space for each shift employee. (b) A.C.L.F's, Residential Alcoholic and Dru.q Abuse Treatment Facilities, and Nursinq Homes: Shall provide one space for each four beds. CITY OF DELRAY BEACH, FLORIDA Planning & Zoning Department - Exhibit A - A/coho/& Drug Abuse Treatment Facilities - Area Not Permitted. - 500' Area from Residential Zoned Property 1200' Area from Pubiic/:~rivate Schools ~ CI'Tv O= DBLRA¥ Br~.C~ F~ PLANNING & ZONING DEPAR~EN% MILE 2~ CITY OF DELRAY BEACH, FLORIDA Planning & Zoning Department T.J ! ...... ! LDWSOIV BD~L.EVARD U~ON B~LEVA~ SW - Exhibit B - Alcohol & Drug Abuse Treatment Fac/i/ties - Area Not Permitted- I"' ,,' - 1200' Area from PubliclPdvate Schools JJlJlilJl C~'?'v LIM:T$ ~ ONE MILE GRAPHIC SCALE // CITv OF DELRAv BEACI% F_ PLANNING & ZONING DEPARTMENT 200C MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~I~ MANAGER AGENDA ITEM ~'~ ~ - REGULAR MEETING OF JANUARY 2, 2001 ORDINANCE NO. 36-00 (FEES FOR PARKING VIOLATIONS) DECEMBER 28, 2000 TNs is second reading and a public heating for Ordinance No. 36-00 which amends Chapter 71, "Parkmg Regulations", Secuon 71.999, "Penalty", of the City Code by revising the fees charged for parking vlolauons. In November, 2000, the Parking Management Advisor), Board rexfewed the current fee structure and voted to recommend the following changes: Current Proposed Parking uckets (metered & non-metered spaces) $20 $25 Parking ucket late fee Hanchcapped parking ticket $10 if not paid After 5 calendar days $25 if not paid After 14 calendar days $200 $250 The changes are m line Wlth fees charged by other mumclpahues. In adchtion, the Parking Board felt that the fee increase would help to cover adrmmstrauve costs for ucket processing and the need to encourage turnover of spaces m the allotted parking nmes. At first reading on December 12th, the City Comrmssion passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 36-00 on second and final reading. Ref'Agrnemol 40rd36-00 Fees for Parking Vxolauons ORDINANCE NO. 36-00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 71.999, "PENALTY", TO REVISE THE FEES CHARGED FOR PARKING VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Parking Management Advasory Board remewed the fees charged by the City of Delray Beach for parking molafions as set forth at Section 71.999, "Penalty", of the C~ty Code; and WHEREAS, the Parking Management Advisory Board recommended to the City Comm_tssmn that certain parking molation fees be increased to help cover admmistrauve costs for ticket processing and the need to encourage turnover of spaces m the allotted parking times; and WHEREAS, the C~ty Comrmssmn finds ~t to be in the best interests of the citizens of DeNa), Beach to enact these revised fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulauons", Secuon 71.999, "Penalty", of the Code of Ordinances of the C~ty of Delray Beach be, and the same is hereby amended to read as follows: Section 71.999 PENALTY. (A) Whoever montes any provision of this chapter for which another penalty is not already otherwise promded shall be subject to the penalty provisions set forth in Section 70.99. 03) The civil penalties shall be set out in the complaint and parking ucket and shall be in the amount o~ ~,,-,, $25 for each molafion of tins chapter, except as other, v~se set forth m this section. An adchnonal $I0 $25 civil penalty shall be zrnposed unless the amount designated on the complaint and parking ucket ~s paid within ~ fourteen (14) calendar days from the date the complaint and parking ucket was affixed to that motor vehicle. (C) The fine for the traffic violations of parking too close to an intersecuon and parking too close to a fire hydrant or m a fire lane shall be m the amount of $30 for each molauon. OD) Any person molaung the provisions of Sectton 71.028 shall be sublect to a fine of $200 $250 as permitted under F.S. Section 316.008(4) and 318.18(7). (E) Parking meters. (1) The v~olafion of any provision contained in Secuons 71.055 through 71.060 and Section 71.062 shall result m the penalues set forth in subsecnon (A) above. (2) Any person violating the provisions of Section 71.061(A), (B), (C), (G) or (H) shall be subject to a fine under the terms and conchtions as set forth in Secuon 71.999(B) of ti'ns chapter. (3) Any person v~olatmg the provisions of Section 71.061(D) and (E) shall be subject to the provisions of the Florida Chnunal Nhscluef Statute Secnon 806.13. (4) Any person v~olafing the provxsions of Secuon 71.061(F) shall be subject to a fme in the amount of ~,.v,, $250 for each v~olauon. Section 2. That should any secnon or provxs~on of tlus ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent lunsdicuon to be mvahd, such dec~sxon shall not affect the vahchty of the remainder hereof as a whole or part thereof other than the part declared to be mvahd. Section 3. That all ordinances or parts of ordinances m conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effecuve wnmechately upon ~ts passage on second and final reading. the 2nd PASSED AND ADOPTED in reguhrsession onsecondandfinalreading on ttus __d~ of January ,2001. ATTEST: City Clerk ff / MAYOR First Reading December 12, 2000 Second Reading January 2, 2001 -2- Ord. No. 36-00 DELRAY BEACH POLICE DEPARTMENT (Parking Ticket Fee Comparisons) Revenue Source Delray Beach West Palm Boynton Beach Boca Raton Beach PKT OT $20 $20 $25 $25 $30 $20 $25 $25 PKT (Fire lane) (Fire lane, Fire $50 hydrant, (Fire hydrant, Intersection) fire station entrance) PKT $20 (No meters) (No meters) (No meters) (OT Meters) PKT Late Fee $10 $0 $7 $25 Handicap Parking $200 $250 $250 $250 (State Statute) (State Max.) (State Max.) (State Max.) Revenue Source Town of Lake Worth Deerfield Beach Pompano Beach Palm Beach PKT OT $25 $20 $25 $25 PKT (Fire lane, Fire $40 $20 $25 $25 hydrant, Intersection) PKT $20 $20 $25 $25 (OT Meters) After-- After-- After~ Afterm 3 days $10 10 days $40 10 days $15 14 days $10 PKT Late Fee 60 days $20 90 days $25 Handicap Parking $250 $200 $250 $250 (State Statute) (State max) 10 days or > (State max) (State max) $400 DELRAY BEACH POLICE DEPARTMENT (Parking Ticket Fee Comparisons) Revenue Source Miami Beach PKT OT $18 PKT (Fire lane, Fire $28 hydrant, Intersection) PKT $18 (OT Meters) After-- PKT Late Fee 45 days $45 Handicap Parking $103 (State Statute) GRW/grw C ~,tyFde~rkmgEnforcmenfiF~-Compan~ons doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~CITY MANAGER AGENDA ITEM /tvT. ~. REGULAR MEETING OF JANUARY 2, 2001 ORDINANCE NO. 1-01 (REFERENDUM ON LIBRARY PROPERTY) DECEMBER 29, 2000 As you knoxv, there has been discussion about the possibility of the Public Labrary relocating to another site wathin the City. If this xvere to happen, the current library sate would become available for redevelopment purposes. One of the deeds to the City for the hbrary property contains a restriction that the land was conveyed for municipal purposes and may not be sold or transferred by the C~ty without first obtaining permission from the qualified voters of the City at a special referendum election. The property in question ~s the South 50 feet of Lot 8 and all of Lot 9, Block 101, Town of Delray. The City Attorney, in conjunction with outside counsel, has reviexved this ~ssue and has determined that a referendum election is the only viable option. The proposed ordinance provides for a special election referendum to be held on this question on the March 13, 2001 municipal election ballot. If it is passed on first reading, second reading and a public hearing will be scheduled for January 16, 2001. This will allow us to comply xvith deadlines established by the Supervisor of Elections for ballot questions and provide sufficient time for related items such as noncmg and formally calling for the referendum. Recommend approval of Ordinance No. 1-01 on first reading, and set a public hearing date of January 16, 2001. RefiAgrnemol 4.Ordl-01 .Referendum on Library Property ORDINANCE NO. 1-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM ON THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT AND PERMISSION FOR THE RELEASE OF ANY DEED RESTRICTIONS AND FOR THE TRANSFER AND SALE OF PART OF THE CURRENT LIBRARY PROPERTY LOCATED AT 29 S.E. 4TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM TO VOTE ON THE QUESTION OF THE RELEASE OF DEED RESTRICTIONS AND CONSENT AND PERMISSION TO PERMIT THE TRANSFER AND SALE OF SAID LANDS TO BE HELD ON MARCH 13, 2001; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the deeds to the City for the library property provides that certain lots and parts of lots are to be used for municipal purposes and not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated June 15, 1936 to the City of Delray Beach on property legally described as the South 50 feet (S.50') of Lot Eight (8) and all of Lot Nine (9), Block One Hundred One (101) of the Town of Delray, formerly Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 528, Page 137 of the Public Records of Palm Beach County; and WHEREAS, it is anticipated that the current library property shall be transferred and sold for redevelopment; and WHEREAS, it is anticipated that the library will then be moved to other property located within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the "Whereas" clauses set forth above and hereby incorporates them herein in their entirety. Section 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of qualified electors of the City of Delray Beach voting in the special election to transfer and sell the library lands described herein pursuant to the temps of the deed recorded in Book 528, Page 137 of the Public Records of Palm Beach County. Section 3. That the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election for the transfer and sale of the current library lands as above described, shall be subject to a special election and referendum on March 13,2001. Section 4. The form of the ballot to be used in the referendum shall be as follows: Transfer of Library Lands Question Do you give your consent and permission to the release of any restrictions in the deed and for the transfer and sale of the current library land owned by the City as described more fully in Ordinance No. 1-01, if the City of Delray Beach, the Delray Beach Public Library Association or the Community Redevelopment Agency of the City of Delray Beach acquires substitute lands for the library within the City? Shall referendum question set forth above be adopted? YES [for approval] NO [for rejection] Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote for the question, then it shall take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach actually voting in this referendum vote against the question, then this ordinance shall have no force and effect. Section 6. That this ordinance shall become effective upon its passage on second and final reading. 2 Ord. No. 1-01 on this the PASSED AND ADOPTED in regular session on second and final reading day of ,2001. ATTEST: MAYOR City Clerk First Reading Second Reading 3 Ord. No. 1-01 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION JEFFREY A. COSTELLO, PF~ClPAL PLANN~~ MEETING OF JANUARY 2, 2001 CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTIONS 4.6.17 AND 6.t.9 REGARDING EROSION, SOIL, DUST, AND SEDIMENT CONTROL. BACKGROUND This amendment is being processed in order to comply with the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) requirements which mandate that municipalities adopt pollution control standards. Currently, sites of 5 acres or more must comply. In 2002, any site of 1 acre or more will be required to comply with these regulations. In summary the proposed changes include: · Removal of an exemption for construction activities involving single family homes; Addition of requirements dealing with sediment controls including installation of temporary erosion control measures prior to and during construction. Permanent control measures will be required within 7 days of any completed construction activity; and, · Addition of a statement that private owners of storm drain systems that connect to the municipal system shall be responsible for annual inspection, operation and maintenance of their private stormwater management system. Additional background and an analysis of the request are found in the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board held a public hearing regarding this item at its meeting of December 18, 2000. There was no public testimony regarding the proposed amendment. After discussing the amendment, the Board voted 5-0 (Morris and Stark absent) to recommend to the City Commission approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M). RECOMMENDED ACTION By motion, approve on first reading a text amendment to Sections 4.6.17 and 6.1.9 of the Land Development Regulations relating to Erosion, Soil, Dust, and Sediment Control, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of January 16, 2001. Attachments. P&Z Staff Report of December 18, 2000 Ordinance by Others ORDINANCE NO. 2-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 4.6.17, "EROSION, SOIL, AND DUST CONTROL", TO ADOPT POLLUTION CONTROL STANDARDS IN ACCORDANCE WITH THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) REQUIREMENTS; AMENDING SECTION 6.1.9, "DRAINAGE SYSTEMS", BY ENACTING A NEW SUBSECTION 6.1.9(J) TO PROVIDE FOR REQUIRED ANNUAL INSPECTIONS OF STORMWATER MANAGEMENT SYSTEMS BY THE OWNER OR RESPONSIBLE ENTITY OF ANY LAND DEVELOPMENT OR REDEVELOPMENT THAT DISCHARGES DIRECTLY OR INDIRECTLY TO A MUNICIPAL SEPARATE STORM SEWER SYSTEM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 18, 2000, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.6, "Supplemental District Regulations", Section 4.6.17, "Erosion, Soil, and Dust Control", of the Land Development Regulations of the City of Delray Beach, is hereby amended to read as follows: Section 4.6.17 Prevention Plan) Erosion, Soil, aha.. Dust~ and Sediment Control (Pollution (A) Purpose: The purpose of this section is to provide standards and procedures, and to prescribe techniques and methods for the control of so~! site erosion resulting from land-disturbing activities. (B) Applicability: These regulations apply to any project which involves the disturbance of land in connection with land development. Such land-disturbing activities shall include, but not be limited to, land clearing, grading, filling, and excavation, construction of buildings, utilities, paving and drainage facilities, demolition, and any other land-disturbing process other than for agricultural purposes. (C) Erosion Control Standards: The following sail site erosion control standards and procedures shall apply to all land-disturbing activities: (1) All sail site erosion and sediment control methods to be employed during construction~shall/~ :~c.;;m ar noted on the plans and included in _a Pollution Prevention Plan {P, .1~ submitted to the City for a building permit, right-of-way work permit, subdivisiofi' improvement, project involving clearing of property of shrub vegetation, and any other land-disturbing activity which requires a permit or approval by the City. A separate permit shall not be required for sail site erosion and sediment control, but it shall be requ4r~-p~ a condition of approval of any permit .......... ~ received for building and construction. (a) Activities approved by the building permit shall be conducted in a manner which does not cause violations of state and federal water quali .ty standards. The permittee shall implement Best Management Practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within seven {7} days of any construction activit3,. Turbiditw barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. Silt screens, hay bales, or other such sediment control measures shall be utilized during construction. The selected sediment control measures shall be installed landward of the upland buffer zones around all protected wetlands. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the wetlands and upper buffer zones. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater~ Erosion and Sedimentation Control Inspectors Manual, or latest edition, on file with the CiB' of Delray Beach's Chief Building Official. (2) The developer/owner shall be required to comply with the State Ambient Air Quality Standards, in accordance with Florida Administrative Code Chapter 17-2, Unconfined Emissions, which specifies standards for air quality. (D) Erosion and Sediment Control Methods: (1) In connection with any land-disturbing activity, provision shall be made to control sail site erosion, coail Site erosion is considered to occur when wind b!av.m material is carried beyond the site on which such land-disturbing activity is taking place, and is thus deemed to be a public nuisance with respect to the surrounding private properties and public areas. 2 Ord. No. 2-01 (2) During such land-disturbing activity, the developer/owner shall be required to control the se, i! site erosion by any means reasona-bty necessary to contain the wind b!c,-;,w material soil~ dust~ and sediments within the project site These methods may include~ but are not limited to~ the following: leaving a buffer strip of land around the perimeter of the site if the existing vegetation is sufficient to stop the w;~nd ~!z':m site erosion, the construction of a sil~t fence around the entire site, covering loose fill material with fabric or other covering, and wetting down the loose material with moisture emulsions specific for that purpose. (3) Prior to and during construction of all sites~the permittee and/or responsible party, shall implement and maintain all eropitfff~d sediment control measures (Best Management Practices) included in tl~ PPPf required to retain sediment on-site and to prevent violations of state and fe~l~qrrwater qualit3~ standards. All practices shall be in accordance with the guidelines and specifications in the Florida Stormwater, Erosion and Sedimentation Control Inspectors Manual~ or latest edition~ on file with the City of Delray Beach's Chief Building Official. ~ ~3) After the conclusion of the land-disturbing activity, no disturbed area may be left denuded, and every disturbed area must be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or other approved material to the extent necessary to cover otherwise denuded areas, unless the City Engineer determines that the circumstances do not require such covering. Within 60 days after final grade is established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures according to the original construction plan, whether by impervious surface or landscaping. (5) The permittee and/or responsible party, shall correct any erosion that causes adverse impacts to water resources. Sediment accumulation in the stormwater system from construction activities must be removed at the cost of the permittee to prevent a loss of storage volume. (6) Construction sites that discharge directly"~ indirectly to a Municipal Separate Storm Sewer System (MS4) must haven PPP o~0Lsite at all times. Section 2. That Chapter Six, "Infrastructure and Public Property", Article 6.1, "Design Standards and Requirements", Section 6.1.9, "Drainage Systems", of the Land Development Regulations of the City of Delray Beach, is hereby amended by enacting a new subsection 6.1.9(J) to read as follows: Section 6.1.9 Drainage Systems: (J) The owner or responsible entity of any land development or redevelopment that discharges directly or indirectly to a Municipal Separate Storm 3 Ord. No. 2-01 Sewer System is required to provide for annual inspections~ and operation and maintenance of its stormwater management system~ to ensure that the system functions as designed and permitted. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. on this the PASSED AND ADOPTED in regular session on second and final reading day of ., 2001. MAYOR ATTEST: City Clerk First Reading Second Reading 4 Ord. No. 2-01