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Agenda 09-07-04 final -' CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA September 7, 2004 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation Reverend Randall Gill - First Presbyterian Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor 1. First Budget Public Hearing for Fiscal Year 2004/05 Budget 2. Proposed Resolution No. R04- Re: Adopting the Proposed Millage Rate for Fiscal Year Millage Rate for fiscal year 2004/05 3. Proposed Resolution No. R04- Re: Adopting the Tentative Budget for fiscal year 2004/05 4. First Reading of Proposed Ordinance No. 04- Re: e Final Budget for fiscal year 2004/05 D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informa~te III. ~NO ounl:, Public Hearing and nnual Fire Assessment Resolution - September 14 . in Commission Chambers 2. earing - September 21, 2004 at 6:30 p.m. in Commission Meeting in October will be held on MONDAY. BER 4 2004 :30 P.M. - This will allow the Commission to articipate in activities related to Police Accreditation. I Agenda Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 B. Community and Special Events: C. Presentations: 1. Proclamations: IV. a. . September 18, 2004 - Kids Day AmeriCa~1~terna1l PUBUC AUDIENCE. ~. INDIVIDUAL SPEAKERS WILL B . :'~~':~~~';R_NS (at the discretion of . -m . e allow~n. . . . justed dependin f b ess coming be!~_re .' '. 'T- CO 510n) V. ADMINI E: ~ ~ .' ._-"'------~< A. to 'T.Þ T..',;." e: Appointmen Length of Term To Be Made Board Expiration Date II McCray Advisory Bd on Children & Youth Alt 1 yr term to 4/05 III Ferguson Advisory Bd on Children & Youth Alt 1 yr term to 4/05 I Ensler Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (2) II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (2) III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled (2) IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled (2) Mayor Taylor Cemetery Board Alt 1 yr term to 4/05 III Ferguson Code Compliance Board Alt 1 yr term to 4/05 III Ferguson Code Compliance Board Alt 1 yr term to 4/05 Tabled (3) IV McKoy Education Advisory Board Alt 1 yr term to 4/05 Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06 ) I Ensler Education Advisory Board Reg 2 yr term to 4/06 II McCray Education Advisory Board Alt 1 yr term to 4/05 III Ferguson Education Advisory Board Stu 1 yr term to 4/05 III Ferguson Education Advisory Board Stu 1 yr term to 4/05 Tabled (3) Mayor Taylor Senior Advisory Board Alt 1 yr term to 4/05 2 · Agenda Regular City Commission Meeting Boynton Beach, Florida September 7,2004 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. ~:~~~ ~:;~m~:~~n~~tl~g~~ II 2. 3. Commission Joint Meeting with CRA m .... .' . .,' ,- - ,,:¡¡.. '_" _ ,_. A' ~'~ B. ~~~ . ¡¡opted BUd;::nd Appro res are 1. . T.,~ . ward the bid for" OR LANDSCAPE MAINTENANCE" Bi g- O & Sons, Stiles Landscaping, First Genesis, Vi va Arbor, BG Katz. The estimated annual expenditure is: 37.80 Award the Contract for "THE EXPANSION/REMODEL OF THE UBRARY" Bid# 017-2610-04/00 to: SESSOMS CONSTRUCTION COMPANY, INC. of Hollywood, Florida in the amount of: $5.727.485.00 plus a project contingency of $100,000.00 C. Resolutions: 1. Proposed Resolution No. R04- Re: Authorizing the execution of Task Order No. U04-03-02, in the amount of $376,OOO,to Brown and Caldwell, Inc. for updating the system-wide water transmission and distribution computer model and conducting a water system analysis in support of the City's comprehensive utilities planning process 2. Proposed Resolution No. R04- Re: Authorizing the execution of Task Order No. U-04-7-1, with Erdman Anthony of Florida, Inc. d.b.a. Crossroads Engineering & Surveying for furnishing design, permitting, bid phase, construction observation and certification services for the replacement of lift station no. 101 and additional sewer force main. The Task Order fee will be a not-to-exceed upper limit of $31,660 3. Proposed Resolution No. R04- Re: Authorizing the execution of Amendment #1 of Task Order No. U04-03-01, in the amount of $110,800 to Brown and Caldwell, Inc. for conducting an analysis of Utilities Department to assess its current organizational structure and processes, in an effort to ensure that it is aligned with the broader City 3 Agenda Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 organization, meets level of service and expectations from customers, and supports the professional growth and development of staff 4. Proposed Resolution No. R04- Re: Authorizing an Agreement for Water Service Outside the City Limits with John A. Ranyak for the property at 1216 Highlands Road, Lake Worth, Florida (Ridge Grove LOTS 91 & 92) 5. Proposed Resolution No. R04- Re: AU_ an Agreement for Water Service Outside the .City Limits""'- NY A Gro~p, Inc. for the property at 3445N. ~k' . ach, Ronda (parcel located In Government Lo_ . . ..,. Township 46 South, Range 43 ~st) ~ '~"~'.... ......... .,.~ - - - --. ~. " sed Resolution No. R04- Re: Authorizing an agreement with Palm Beach County to return the collection of County Impact Fees to the Palm Beach County Building Division 8. Proposed Resolution No. R04- Re: Authorizing the approval of a Library State Aid Grant Application 9. Proposed Resolution No. R04- Re: Authorizing the approval and acceptance of the Urban Group's negotiated contract to purchase owned by Lawton Mapp, located at 1407 NW 1st Street at the appraised fair market value of $50,000 and the relocation entitlement of $52,755 10. Proposed Resolution No. R04- Re: Authorizing the execution of a Subgrant Agreement for Equipment for Florida Strategy for training and equipment to enhance the Fire Rescue Department's Technical Rescue Team 11. Proposed Resolution No. R04- Re: Approving a revision to the current State Housing Initiatives Partnership (SHIP) Mortgage Program to provide for the purchase contract to run concurrent with the mortgager's first mortgage 12. Proposed Resolution No. R04- Re: Authorizing the execution of an lnterlocal Agreement for Town of Gulf Stream and the City of Boynton Beach regarding consideration of annexation of several unincorporated properties 4 . Agenda Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 D. Ratification of Planning & Development Board Action: 1. Citrus Glen (MPMD 04-003) - South of Miner Road, east of Lawrence Road - Request for Master Plan Modification approval to reduce the side yard setback for pool construction in lot 1 2. Quantum Park DR! (Lions Club) (USAP 04-006) - 2439 Quantum Boulevard~ lot 3, Quantum Park - Request to Use APP'iI" add "Lions Club Meeting Hall" to the list of permitted uses In the Q '¡;':".' Park PID ~_.. 3. Church of Jesus Christ of Latt- c'.. ..' (MSPM 04-002) - 1480 Kn~ Road -: Re .' M.. '" . .Ian MOdi_val for constr:M of ~. 4' e foot a~ . lace of ~i. . '" a -acre site located i .' ....j ampt '. . anned Unit ~ '-~;->¡' vel nt (PUD) zomng d '..-. ~t "'~ ~' 4. C n~" - otywide - Request to amend Chapter 2, . , S·..'·· 6.C with the additional of supplement regulations to automobile rental as conditional use on sites zoned C-3 and greater than 75 acres E. Ratification of CRA Action: None F. Approve the updated Library Long Range Plan for 2004-2007 G. Approve the "SURPLUS SALE OF GOLF COURSE EQUIPMENT" as submitted by the Golf Course Superintendent, Scott Wahlin and allow for the sale of same H. Approve full release of surety covering the water and sewer systems for the project known as Villas at Quantum Lakes Phase 2 and returning Letter of Credit No. 3051870 from Bank of America to the developer I. Approve the purchase of 14 laptop computers in the amount of $19,950.00 from More Direct (Funding will be from the Federal Treasury Forfeiture Fund) J. Return cash bond of $8,635.00 to Bliss Construction for the project known as Prime Catch K. Approving the plat of VENETIAN VILLAS subject to approval by surveyor and mapper, and subject to the Palm Beach County Circuit Court's approval of the amended settlement agreement removing the ACLF use L. Authorize allocation of $2,000 of Commissioner Mack McCray's Community Investment Funds for the YMCA Annual Campaign Fund Drive 5 Agenda Regular City Commission Meeting Boynton Beach, Florida September 7,2004 M. Authorize expenditure of $5,000 from Community Investment Fund for Day Star Charter Academy, Boynton Beach from Commissioner McKoy VII. CODE COMPLIANCE & LEGAL SETILEMENTS: A. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTE~ ~: T~.E A1IIi PERMITS A. proje,:,: Lake Drive North ~ Agent. Rodnei~c",c .. .."iii, " ~ner: .c:-c ~ ~. . . k~ Drive NO~~· 4IJf:"':. ~ II Request~~¡i;il!II~'f" .' north 4.2' wide walk ~~c ..... ~n.·. .' . rdens Subdivision (TABLED ON '" . c.' . .' í()4 - TO BE HEARD ON 9-7-04) ~'" ..", 'ROPOSED ORDINANCE) B. Quantum Park NOPC #14 (DRIA 04-001) Agent: Eugene Gerlica, Quantum Group of Co. Owner: MFT Development, Inc. Location: Westside of Interstate 1-95, between Miner Road and the Boynton (C-16) Canal Description: Request for Development of Regional Impact Amendment (DRIA) to create the new land use option to lots 17, 21, 50A and 52 and to re-designate lots 81 and 82 to "Government & Institutional" IX. CITY MANAGER'S REPORT: A. Report on Interim Water Service Agreement with Palm Beach County Utilities x. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) C. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) D. Public Hearing and Adoption of Annual Fire Assessment Resolution (6:30 p.m. on 9/14/04) 6 Agenda Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 XI. NEW BUSINESS: XII. LEGAL: A. Ordinances - 2nd Reading - PUBUC HEARING 1. Proposed Ordinance No. 04-063 Re: Abandoning a portion of a 20-foot wide alley lying east of Lots 20, 21 and _west of Lot 19 in Block 3, Lake Addition to Boynton Subdivision (.. ' n Seafood) c:.:Jed to 9/21/04 to allow ~o . .. val to be 2. Pro Ørdi ii( N - 64 R . portion " ' .' .... ro .' -foot wide road ri .' .. y fo Avenue, "~/:~~ef)7~Bo~r",,J~~~i:~:~/~ ~ Ordinance No. 04-050 Re: Providing for a one- '<'i0!if~'T"'< time opportunity for current members of the General Employees' Pension Plan to include their prior military service as creditable service toward a member's pension by purchasing service credits for such military service served by the member 4. Proposed Ordinance No. 04-070 Re: Abandoning a portion of a utility easement located on Lot 3 of Block 26, Boynton Lakes Plat No. 2 Boynton Lakes (ABAN 04-006 - Boswell Place) 5. Proposed Ordinance No. 04-071 Re: Amending Chapter 2, Zoning, Section n.H, reducing parking ratios for multi-family, hotel and marina uses in mixed-use projects within the CBD zoning district 6. Proposed Ordinance No. 04-72 Re: Amending Chapter 10, Garbage, Trash and Offensive Conditions, providing for rate modification B. Ordinances - 1st Reading 1. Proposed Ordinance No. 04- Re: Amending Chapter 26, Article IV "Sewers" to provide that the property owner is responsible for the maintenance, repair and replacement of sewer Laterals 2. Proposed Ordinance No. 04- Re: Revising Section 104.7.3 - OTHER FEES - of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code and return the 7 Agenda Regular City Commission Meeting Boynton Beach, Florida September 7, 2004 responsibility of collecting Palm Beach County Impact Fees back to Palm Beach County 3. Proposed Ordinance No. 04- Re: Abandoning a portion of the Northeast 3rd Avenue right-of-way extending westward from NE 3rd Street to the west boundary of the Arden Park Plat (Janis Group) C. Resolutions: ~;;;Jji~,;,<~ .00< -¡è:'~'i=:; D. Other: '. ...... ~............................. ...-;iki'¡;lc.' 'Z,<;< , ,- _ _< _ - =Þitt ~ - - . ,-,-> .' --' , ---' XIII. UNFINISHEDBUSIIf ~ ·M····· XIV. ADJou:fIJf:':~ ~ ~ ~ NOTICE IF A PERSON DE L ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s. 286.0105) THE CITY SHAll FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACITVITY CONDUCfED BY THE CITY. PLEASE CONTACT JOYCE COSTEllO, (561) 742-6013 AT LEAST 'TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL DRAFT AGENDA 9/1/20043:19:57 PM S:\CC\WP\CCAGENDA\AGENDAS\YEAR 2004\090704 FIRST DRAFT.DOC 8 III.-ANNOUNCEMENTS &: PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting. Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 r8J September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7,2004 o November 16,2004 (Noon) November 1,2004 0 a n=i .¡:-- =i-< 0 Administrative 0 Development Plans ;bo c:: --<0 NATURE OF 0 Consent Agenda 0 New Business <OJ ':J " AGENDA ITEM 0 0 "> -'::m Public Hearing Legal w . "0 --, 0 Bids 0 Unfinished Business -0 '~~ :.1)-; 0 r8J ::¡: .0 Announcement Presentation .c- ':::>2; --r¡ 0 .. ...." c:t7 City Manager's Report N -rtJ U1 (")::t> rT1("') :7: RECOMMENDATION: Present Proclamation. EXPLANATION: Kids Day AmericalInternational, which will be celebrated on Saturday, September 18, was founded for the purpose of educating families and communities about health, safety and environmental issues. To date, more than 1,400 communities have participated in this event that was begun by a chiropractor and has prompted the White House to create a national day that recognizes the contribution that chiropractors have made in helping children in their communities. This year's event benefits the National Center for Missing and Exploited Children and will be celebrated locally at Boynton Beach High School where the Boynton Beach Police Department Junior Explorers will be present to fingerprint ID children. PROGRAM IMPACT: Presentation of the Proclamation will bring further attention to the community. FISCAL IMP ACT: None AL TERNA TIVES: Not present Proclamation. úJ'),.,.~-_~p¿ ~ City Manager's'5ignature epartment ead' s S ature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DOC , . ,. . :>~:- _1tÄ_~_~ : AV: ~, .~ ~; c r- ~ C" . - . . o· 1_ : . !...h't 1_"' _- . KiDS Df\y T\1 ~P\ Dedicated to Children's Health, Safery & E1lvironmental AwarèneS$ Dear Mayor Jerry Taylor and the City of Boynton Beach Commission, We look forward to our role as the official Chiropractic office representio9 the tenth annual -Kids Day Americallntemationa'tM" event in Boynton Beach on saturday, September 18, 2004. -t<m Day AmericallntemationP" is a special day set aside to address health, safety and environmental issues that affect us .is. individuals and as a community. It was founded for the purpose of educamg famifies and communities about these important social concerns. To date, more than 1,400 communities have participated in thís event and almost 2,000.000 children and their families have enjoyed this day throughout the worid. With the help and support of thousands of local police departments, county sheriff offices, dentists, and photographers who volunteer their timé, all of these children completed their own Child Safety 10 cards. Mayors, Governors, and Senators across the nation have signed the official "Kids Day AmericallntemationafN" proclamation. We are again asking the Town Commission to support this community event by signing the proclamation for Boynton Beach. Included are several previously signed proclamations for your reference. There is cunently enough support from Mayors and Governors across North America to bring this program to the White House, creating a national day that recognizes the enormous contribution Chiropractors have made in helping the children of their communities. This year, our event will benefit t.e National Center for Missiog and Exploited Children. Once again, the Jr. Explorers of the Boynton Beach Poliœ Department will be present to fingerprint ID chikten ¡øj Rick Smíth of Smi1h Brothers Photo will generously donate a photograph of each child for the 10 cards. The Solid Waste Authority wilt once again help us teach kids to recycte and we will have dance and karate demonstrations to entertain. We have now moved our event to Boynton Beach High School because we've had such a large turnout the past two years. We would love to have you and any commission member that is able to attend, join us for the festivities. Our opeomg.c:er$fJQ)yis.sched~1ed to take place at 11:00 am when we would like you to present the procJamation. Please joi1 us in supportitg !his momenbJs internationat event! Thank you for your dedication to the children. . icoI9 . Rothman-Travis ---------- .-- Event CoordinatorlSponsor of Kids Day America < _____h...,_.__~_~________~___'"_~~_____________~_.___.~____~ I WHEREAS, the health and well-being of children is the responsibility of all adults; and WHEREAS, the safety of our children is a significant concern for parents, community leaders, and health care givers; and WHEREAS, environmental welfare is of universal concern and deserves the utmost attention; and WHEREAS, if started in childhood, proper health, safety, and environmental habits can be maintained for a lifetime, helping young people to become valued and productive members of society. I NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim September 18, 2004 as "KIDS DAY AMERICA/INTERNATIONAL" and urge our citizens to join me in commending the efforts of doctors and all professionals helping to educate others on the importance of health, safety, and environmental issues affecting our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 7th day of September in the Year 2004. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC\WP\CCAGENDA\Proclamalions\Year 2004\Kids Day America-International - 2004.doc VI.-CONSENT AGENDA revised ITEM B.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19, 2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 ~ September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) Septanber 7,2004 o November 16,2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: A motion to award the Bid for "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" Bid#079-2730-04/CJD to Vila & Sons, Stiles Landscaping, First Genesis, Latona View, Nova Arbor, BG Katz. The estimated annual expenditure is: $912,337.80. CONTRACT PERIOD: OCTOBER 1, 2004 TO SEPTEMBER 30, 2005 EXPLANATION: On July 29, 2004, nine (9) proposals for the Annual Contract for Landscape Maintenance were opened and tabulated by Procurement Services. Procurement Services recommends a multi-award by area to the lowest, most responsive Bidders who meet all specifications. Jeffrey Livergood, Public Works Director and Chris Roberts, Assistant Public Works Director concur with this recommendation. PROGRAM IMP ACT: The purpose of this bid is to provide the best quality landscape maintenance service available at the most economical price for different areas within the City. The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: Account #001-2730-572-46-98. A Bid Breakdown Spreadsheet is attached to detail the individual vendor's awarded amounts. Awarded Vendors are: C") CONTRACTOR A WARDED AMOUNT c> C") --t ..- =i-< Based on twelve months ~ -<0 B.G. Katz Pro e Maintenance $17 80.00 c 0""T1 G") -CD First Genesis Lawn Service, Inc. $37 525.00 - ;"'10 Latona View Lawn Crew $81 728.00 U) ;:0 -< _~:s... :z: Novo Arbor $34,500.00 ;po 'fl-f :x . C> Stiles Landsca e Com an $88 97.50 - 0:% Vila & Son Landsca - -TlCD $653 007.30 .. ~fT1 TOTAL: $912 337.80 CJ1 C">þ> co rTtC"') :x:: CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ,~ /H. ft: ~--- ~ Deputy Director of Financial Services City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Human Resources C: Jeff Livergood - Director of Public Works Chris Roberts - Deputy Director of Public Works Glenda Hall - Parks Manager Norm Turner - Crew Supervisor File ~-----_.~--------- -<--------~--_.¿---~---"- o__~;..~....."...._~___.--- - -_.~._~---~-~-<-"""--~----'....-._. -.-' . --.-~'"'.-.:_~~__.........~'"""">_...w~- ----.~--~--- OO~\J \J\J ïl\J r\J OOO\J 000 » » < rororo » C:::o:::o m:::o m:::o Þ:::o 2C:::O Cz 0 0 m --- rn m 0 00 0 :::0 0 Z 0 19. rn 0 rn m ^ ^ zOO 0 2 ~m\J ::!\J ::!\J O\J ~~\J ~o Zo Zo 0 :t:I:OO 2 td ,. :::¡~O 00 ro 000 ~-o :::¡ 0 \J"1J 1-'.,. ~:::ooo oUJ NOO 000 I\)~OO ~~ :E :E :::0 0mm C I-' ,. ms:» m» z» ~» à.m» m~ h; h; 00 ~zz » I-' ~ o r r,....r r or 0z 0 0 1 -- ï..... ~ <: 00 <: UI <: m <: - 00 .., Z Z ...- ~ - <: <: <: <: =r ~ » Q Q I"V rt tz: Zo ijjo 000 ~O ëi3\Jc r m m --.G)G) ("):>;' tr. 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""3":;;11 .. ::J 1\1 0.... 0 " ^ CD ::ToQa ."'!» iiI -<CD::t....!!t m om,' ~;::: 0 ::u ° ::§:(J)l\Iffi01160z Z z Q.::; ~.!D ~ m mo~~,::::;" ç -< O~=~CDr Z m ro» ·01w 0 UJ Cš: ~ww m() (J)- ~o.p. -ZZ co~~ :Þ o 00 \} m::u z ~:::¡ G) -< () o ;0 :u CD o - co ¡ PUBLIC WORKS DEPARTMENT MEMORANDUM NO. 04-157 TO: Bill Atkins, Deputy Director of Finance PROCUREMENT ~ THRU: Christine Roberts, Assistant Director of Public Works FROM: Glenda Hall, Parks Manager ~ DATE: August 16, 2004 RE: Bid Award - Annual Contract for Landscaping Bid #079-2730-04/CJD Norm Turner and I have reviewed the bid tabulation sheet for the above-mentioned bid and recommend the bid be awarded as follows to the most responsive low bidders. BG Katz $17,280.00 First Genesis $37,525.00 Latona View $81,728.00 Novo Arbor $35,395.00 Stiles Landscaping $88,297.50 Vila & Son $652,112.30 TOTAL $912,337.80 The account number for this bid is 001-2730-572-46.98 with an estimated annual expenditure of $912,337.80. Attached please find Norm's spreadsheet, which shows the various allocations. If you have any questions, you can contact me at Ext. 6228 or Norm at Ext. 6223. PUGH/pi Attachment Copy: PW File S:PWlCorrespondenœ\2004 Memos - Interdepartmental & Interofliœ\04-157 Procurement - Landscape Contract Bid Award --~-_''''----'~'-''''''''''~ -"~~'- - -.-". ~ -'-' ~~- -- ~..---~-----~._...- -->-- <>-.-'--,' -~---.~---<._._-~--,-~- .---""~~.,---~.,-",.".'-',,,,*. - ~ - --~---~.....- .--- --~----_.-:"--'---~~~~ -,.-~.--..- - - . " . .. - - - Í !¡lli!11 Illili Ili!1 un~ I'~~I; I'~~j ~~I~j ~.:~~ ~. ~ pHil ~ HI BJil~ ~UI~· ~Ulq ~ ;d ¡~i ili i il ! il ~i I ii Ii! I~! II u;~~ ¡!! ! i I e ! ê ~ : ! ~ ~ ~ II.:» . - ~ . f;~~ . ... . .~~ø~ It g t: ~ ~~I :;; ;J g: G ;; W s 8 g g g g ~ . t: I 8 g ° g 8 - =5 rt ~ ~JI ~ ! t: G ~2 ~~ i 8' ~ ~ ° ~§ ~ i t: £ i 8 ~ ¡: 8 8 8 8 f t: I 88 ° J J t: it 8 g 8 ! -.4 _"," ... = ~ ~ ¡ lØ~1 ~;D~I- -- ~ ~ . ~¡¡¡¡IIIt: .- ~ ø ",goUt. 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Qo 0 ~ ~ ; i18t81i g "'10101010101 _0 °6 85(')!!- - (') °6°õ!!!fi 06°0 õ &808 - 5 i ~ I II 0 - =- ( ,01 . 8 8 0 g " I .f I ¡II ¡II ,F ¡II ~;u I I !¡ ì H!¡ I fi!¡ , !¡~¡ Ii!¡ ~ æ i~1 It .! III Uf- Hill-l j! j!tÎ!11 ill~ìh i!ìllfJ ~~ ¡;~~! ¡I I, 11.-( - ii' 1.'1' lit" t~ iii <L , _ J' : I J J I , (I I!!¡ <L a.! t I .1 I ¡ui I ¡Hi ¡Hi ¡Hi a.! I .( ¡ ¡Ii 'H "~ 'Ii . I 0 I ~ ~ 8 8 S 8 8 8 i i 8 I ì ~ ~ ! ~ I i 8 I i ! ~ s ~ J i ¡ i ~ ! I 0 . 0 :: I 11! ~;O:., ! 8 log co co Ii 11 ~i ~~ 8 :~ ~ª 1: j i ~ Iª I~ ~ Ii Ii f - f i : o ~ mj~IF 8 I; 00 8 0 : I; .0 I; 0 w - 0 0 II:: 0 I; ~ II liil8 8" 8 III II tiiirr80 888 ' 888~88 8 ;, : 8:8 ,. 8~g8° 88<88 g 8 VI.-CONSENT AGENDA . ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 [8] September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 a o September 21,2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1, 200ß <)-4 :::;-< :~ -'..: CJ 0 0 (-=: r......, -Jl Administrative Development Plans -.--... .....,! ~ r- fl ~ 0 0.) ,..-. ."::> NATURE OF Consent Agenda New Business - ;:" -< AGENDA ITEM 0 0 :=::-'-:::::'z Public Hearing Legal ~... v~--! -- _::- -I (-:J 0 0 ~,;C"" C:.;t: Bids Unfinished Business C"> 3f~~ 0 Announcement 0 Presentation en ~:;~ ~ 0 City Manager's Report -J :x:: RECOMMENDATION: A Motion to award the Contract for: "THE EXP ANSION/REMODEL OF THE LIBRARY" Bid#017-2610-04/CJD to:SESSOMS CONSTRUCTION COMPANY. INe. of Hollywood, Florida in the amount of: $5.727.485.00 plus a project contingency of $100,000.00. EXPLANATION: On August 24, 2004, Procurement Services received and opened ten (10) bids, The proposals have been evaluated by our Design Consultant Schenkel & Schultz of West Palm Beach Florida as well as our Library Director, Virginia Farace and it was determined that Sessoms Construction Co" Inc. was the lowest, most responsive, responsible bidder overall including the three (3) "Add On Alternates" and who meets all specifications. Virginia Farace, Library Director concurs with this recommendation (See attached memo). The three lowest bidders including additive alternates one, two, three are as follows: 1. Sessoms Construction Company $5,727,485,00 2. DiPompeo Construction Company $5,769,000.00 3. West Construction Company $5,900,000,00 PROGRAM IMP ACT: The purpose of this bid is to seek a Contractor to furnish all materials, equipment, and labor to perform all work in order to expand/remodel the library FISCAL IMPACT: Account Number Amount Allocated for the Library 302-4104-5580.62-01 $ 6,295,000.00 Project (CP0408) ~- .,- Deputy Director of Financial Serv' es Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC cc: Virginia Farace - Library ..¡ o µ N U _ ~ 0 ..¡ ~ ...-1 Q :>, ..¡ C\! ..¡ ,..c '..-1 ...:¡ ~ ~ U C\! ..¡ C\! ~ C\! .,..¡ ¡:: .,..¡ 2 òO ·0 ..¡ Ü) ...-1 2 ;> -W "<I" 0 .~ ~Om 0 0 0 0 0 X Mg~Ø ~ 0 ~ 0 0 g W M~~E~ ~ ~ ~ ~ 0 goo 0 ~ ~ : 0 -I~<Ò0W W W W . g 0 g g 0 W W . « lLMMg¡>- >- >- >- ~ - to - . 0 >- >- . 0 ."<1""<1"0) ú);:!; ~ g ~ CD- 0:: O~~~ ~ w ~ ~ ~ ~ W O~"<I" . ~ 5> O~~~ ') « <::**31 ~ U) . 0 ~Q) --.J , :;; ~ ~ -I c: .. ~ :g; ~ O~~:§ d -'" c: c: '" , ~ '" -t .r:. 1V :.¡ - "C -t ~ .~ B 5 .~ '~ ê . 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N w - > W LL I-~ ~ ~ 0> W !:: OW O 00' ~ -~ m c::: > ~~ 0 0 ~ 0 ~ ~ ~ « ~ ..J C)O Z W ~ ~ U) - " Q ::ï W ~qo 0 0 t: (/):> !:: c::: ~O U. 0.. o <X:~., U) W c:::- z « > 0 C:::w ~« ~ o ..~ü U) ~ W~ 0 0 « ~O O~ 0 :!E Wú.i~ WU) ~ om ~ ¡¡: Q ~W «!:: ~ 0 W ~~o ~~ ~ Q~ &1 ~ :t ~t: u.~ ~ ~ ~ o¡:::o OZ ~ mU) fu Z « O~ O~ >- « - '" ,n ..-- 0.. W U) U. Z Z 0 c::: ::.: Z m Z U) ~ c::: ~ z ~~~ ~º 0 00 - -W 0 O~ Ow ~ " õ o ~~~ O~ Z ~¡::: ~ U)o « ¡:::U) ¡:::O «0 00 U) Cñ ZZ~ U) wß 0 ~5 ¡¡; 3Q ~ ~U) ~:5 U)W g:w !z ~ z ~~o c::: ~c::: m ~¡¡: If) Ôm º c:::ff3 c:::a. ~t: >-t: W II) eta.. 00# g w5 ~ ~::ï ffi o!M J: ¡¡:~ ¡¡:æ ~~ Iii~ ~ t5 000 Z Qo «« Q Z~ ~ ZU) Zo wm ~m ~ >< --- W >W ";/!. ~~ Q Oc::: Z O~ 0> C:::~ «~ 0 W mmro > wc::: 10 U)O ãi za. « om 0> ~U) U)U) 0 The City of Boynton Beach Boynton Beach City Library 208 S. Seacrest Blvd Boynton Beach, Florida 33435 Phone: (561) 742-6380 F:4X' (561) 742-6381 www.bovnton'beach.o./'/{ wwwcoala.orl!lbovnton August 30, 2004 MEMORANDUM TO: Bill Atkins, Deputy Director Department of Financiaf Servtœs FROM: Virginia K, Farace { ç-~ Ubrary Director ~ SUBJECT: Recommendatfon for "Expansion of the Ubrary" Bid 1017-261 O-04ICJD On August 24,2004, Procurement Services received and publicly opened ten (10) bids for the "Expansion of library", Bid tI017-2610-04ICJD, The bid consisted of a base bid with provision for five (5) alternates. Three of the alternates were additive alternates, and two (2) alternates were deducts. The alternates were placed In the bid to aUowthe Cityftexibility of adjusting the base bid price depending upon the costs of construction. Since the base bid price was favorable compared to budget this allows for accepting atl three (3) additive alternates. The three lowest bidders including additive alternates one, two, and three are as follows: 1. Sessoms Construction Company $ 5,727,485.00 2. DiPompeo Construction Company 5,769,000,00 3. West Construction Company 5,900,000.00 It Is recommended that the bid be awarded to Sessoms Construction Company in the amount of$5,7Z1 ,485,00 with an allocated project contingency of $100,000.00. Samuel Ferreri, SchenkelShultz Architecture, (letter dated August 27 ,2004) has reviewed the consbucIion bids, reviewed the sub-contractors, and checked the references for the three (3) lowest bids. It Is the Architect's recommendation to award the bid to Sessoms Construction Company in the amount of $5,727,485.00. As Project Manager, I concur with the recommendation to award the bid to Sessoms Construction Company as being the most responsive, responsibte bid which includes alternates one, two, and three, Please move forward and prepare the necessary Commission Agenda Item for the September 7, 2004, Commission meeting to award this bid. cc: Wilfred Hawkins SCHENKELSHULTZ 000 ARCHITECTURE 000 August 27, 2004 Mrs. Virginia Farace, Library Director City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 RE: City of Boynton Beach City Library Library Expansion I Remodel Review of Bids Dear Virginia: SCHENEKELSHUL TZ has reviewed the bids received on August 24, 2004 and respond with the following recommendations to the City of Boynton Beach. The City received ten bids on August 24,2004. The bid documents required the bidders to include a base bid and five alternates, The five alternates were included to insure that an acceptable bid would be within the budget. The intention was to award as many alternates that would meet the budget. Alternates one thru three were additive alternates and alternates four and five were deductive alternates. The alternates are as follows: Alternate One (1): Standing Seam Metal Roof: This alternate meets the Requirements of the CRA and the city site plan approval. Alternate Two (2): Re-roof of the existing bòrary roof: This alternate was included to get a separate price for the CIP project included in your budget ofSlll,OOO.OO (CIP#CP045). Alternate Three (3): Add a dueted return air system to the existing library. The existing system is a plenum return system and the operation and air quality will be improved with a ducted system. The new part of the library will have a ducted return system (part of base bid). Alternate Four (4): Delete new canopy at book return: This alternate provides a Covered canopy at the book return. Alternate Five (5): Delete five parapets on the building. These parapets are added to the existing building to tie the new and old building together, These were part of the CRA and city site plan approval, 1300 North Congress Avenue, West PalmBeach, Florida 33409 Phone 561-697-3451 . Fax 561-{;97-521O . www.schenkeIshultz.com . Architectural license No. AA-COOO937 Page20f2 Virginia Farace August 27,2004 Based on the fact that the three lowest bidders were below the budget of $6,295,000 (CIP# CP0408) for the base bid and the three additive alternates and included the re-roof of the existing building (alternate two (CIP# CP0405), our office has reviewed each of their bids and their subcontractors as well as checked the references of the three lowest bidders. It was also clarified to all bidders at the pre-bid conference that it was the intention of the city to take as many alternates as the budget would allow in no specific order. The three lowest bidders including alternates one, two and three are as follows: I. Sessoms Construction Company, Inc. $ 5,727,485.00 2. DiPompeo Construction Corporation $ 5,769,000.00 3. West Construction, Inc. $ 5,900,000.00 SCHENEKELSHUL TZ would recommend that the City of Boynton Beach enter into contract with the lowest bidder including the three alternates which is Sessoms Construction Company, Inc. If you have any questions or need any additional information, please do not hesitate to call. Sincerely, Cc: Joseph S. Toth, AlA Choli Lightfoot 0320802/ O\vner outgoing BID TITLE: EXPANSIONIREMODEL OF THE LIBRARY BID NUMBER: #017 - 261 0-04/CJD PROJECT NUMBER:CP040R CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 11h day of September, 2004, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and SF.sSOM CONSTRUCTION COMP ANY, INC. a Florida Corporation LX~ Check One a Florida General Partnership L-J a Florida Limited Partnership L-J a Sole Proprietor L-J hereinafter called "CONTRACTOR", WITNESSETH A. The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: F,XPANSIONIRF,MODF,I, OF THF, J ,IRRARV B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the _24th_ day of A1]~]st, 2.004 for the total bid amount of $5,727,485.00. C. On the _11h_ day of Septemher, 2004, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. D, The Parties agree that the Project is scheduled to be completed within .451 calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C - I 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) 1. 1 .5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 22. The Contract Documents are the compilation of the following individual documents: 22.1. Advertisement for Bids 2.2.2. Instructions for Bidders 22.3. Bid Proposal 22.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 22.8. Public Construction Bond 2.2.9. Letters of Credit 2,2.10. Technical Specifications 22.11. Contract Drawings and Plans 2.2.12. Addenda 22.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2, Perfonn all the work and labor pursuant to this contract and all of the materials furnished shall be in strict confonnity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in confonnity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. Guarantee all work and materials for a period of one (1) year. Upon receipt of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Furnish release of liens fonns from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by CITY. 3.1.6. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.9. Perform such other tasks as set forth in the Contract Documents. C - 3 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for perfonnance of the Project within ten (10) days of the Award ofthe Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within ill calendar days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work follo",ing Notice to Proceed or fail in the perfonnance of the work specified and required to be perfonned within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3. CONTRACTOR shall notifY the Project Architect in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Architect may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit, C-4 6, LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay ~500.00 per day as liquidated damages, for failure to begin within ten (l0) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within ill calendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). 8. INDEMNIFICA TION 8.l. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph, The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute, 8.3. The execution of this Agreement by the CONTRACTOR shall obligate C - 5 CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification prOVISIon, and the Insurance provIsIon contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2, All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ARCHITECT 11.1. The Project Architect ("Architect") is Choli Aronson 11.2. The Project Architect shall have general supervision and direction of the work. The Project Architect is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Architect is, in the first instance, the interpreter of the conditions of C-6 the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Architect is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIA nON WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. C-7 CONTRACTOR hereby acknowledges that he has read and understands the above provision. INTIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a WaIver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Architect and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: Approved as to F onn: City Clerk City Attorney Signed, sealed and witnessed SESSOMS CONSTRUCTION CO., INC. in the presence of: President or Vice President C - 8 Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this day of , 20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C-9 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: JULY 8, 2004 Bid Title: EXP ANSION/REMODEL OF THE LIBRARY Bid Number: 017-2610-04/Cm Bid Received By: AUGUST }:JlX 2004, NO LATER THAN ~ (LOCAL TIME) 24, 11:00 A.M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: AUGUST 17,2004. no later than 2:30 P.M. Oocal time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and I : codes of the City. Name of Vendor: Sessans Construction Co., Inc. Federal I.D. Number: 59-1532209 A Corporation of the State of: Flonida Area Code: 954 Telephone Number: 431. 7f£fJ Area Code: 954 FAX Number: 436.6789 Mailing Address: 7485 Davie Road Extension City/State/Zip: Ho lly..,ood, FL 33024 ./ ./,,;-' Vendor Mailing Date: 00/24/04 \,\","'',,,,,, //~'..'" "" :\~\.ICTlOA/~' ./ .:- ~~ ............ 'v ~V ->" ~ 0 ..··~VORA'/·.. (\ -::. '~ /. ~ Ú .' 0 \." 0 .'- l.../ - 'ú c.þ\ . ª V) f 5~ ~ - :: Authorized Signature _ :E: ,q1A : z _ : o~. .: ~() .: ~ c/) -.. 't:... ~ ~, ~.$'.....!!-.~~?., ~~ Lee W. Sessans, Vice President "" ",0::. N T d II",U"\"\ ame ype THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL QII 1 BID PROPOSAL The Bidder agrees to accept as full payment for the: EXP ANSIONIREMODEL OF THE LIBRARY BID #017-2610-04/CJD Scope of Work: Construction of approximately 35,000 square feet 2-story addition, & 28,000 square feet of library remodel to include parking and site work. TOTAL PROJECT SUM $5, srt4~S~ . ,,_ . .' . elqhk(~ v e ~~I \\tOt\ ttvcc: hJ ndreO;;e.v ø+0Zí\ ~~rd ~r hùrdrd Dollars 0°1. ------ Cents and lOO (amount written in words has precedence) Alternates: A. Alternate No. 01 (additive alternate). Standing Seam Roof: State the amount to be added to the Base Bid for providing all work including labor, materials, coordination and supervision to provide a standing seam roof inclusive of gutters and downspouts for the Rotunda area in lieu of the specified low slope roofwitb internal drainage, ADD 24)oco~ B. Alternate No. 02 (additive alternate). Re-Roof of Existing Library: State the amount to be added to the Base Bid for providing all work including labor, materials, coordination and supervision to remove existing roofmg at the existing library and install a new roof system meeting the reqlÚrements of Section 07520 - Modified Bituminous Sheet Roofing. ADD \ \l.,)0ö0~ THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP -1 c. Alternate No. 03 (additive alternate). Ducted Rerum in Existing Library: State the amount to be added to the Base Bid for providing all work including labor, materials, coordination and supervision to provide a ducted air return for the HV AC system as outlined on the Mechanical Drawings. ADD io0, 000 00 D. Alternate No. 04 (deductive alternate). Delete canopy roof at existing book drop and leave existing canvas canopy. State the amount to be deducted from the base bid for providing all work including labor, materials, coordination and supervision to provide new canopy As shown on plans, DEDUCT ;y) OCú~ E. Alternate No. 05 (deductive alternate). Delete five parapet roofs at the existing building. State the amount to be deducted from the base bid for providing all work including labor, materials, coordination and supervision to provide new parapets as shown on plans. ,yo DEDUCT ~ ,000 .- The undersigned bidder agrees to commence work within ten (10) q.alendar days after the date of the "Notice to Proceed" and shall complete the work within 457 calendar days after the commencement date. ./ Original and ~es of bid submitted. ~ Attached is a computer generated horizontal bar chart showing proposed schedule of work. ./ Schedule of Subcontractors submitted, ,/ Site Inspection Form submitted. ~ Evidence of possession of required licenses andlorbusiness pennits submitted. TIllS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP - 2 The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings, The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder, ",,,,,,,,,, ,\"'e"RUCTIO'I", Date 00/24/04 .,:. ~:~ ........ IV' ", $ o....C;~VOR"'~.... 0 ~ "'<;'ú A.\- 't<).'" :v,! SEt"'\.. ·~.)eSf;ans Construction Co., Inc. ª ~~ 1974 (Njtæf§ofbidder, Corporation, Firm or Individual) ~ «P'" .: ~() .:- ..,./7 ., ,p'. t-.' ...~~ ,,~ ~n .... FLOR\~.·· ~."'.'" . ',u- .......... ~- "'I ,\\' /' . """,,~\ //~->·I £-' ~ - Signature Lee W. Sessans Printed Name Vìrp PrPc:ìrlPnt , Title 954A31.7r:nJ Telephone Number Florida Contractor's License Number CG 0049662 , i THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP -3 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to cámply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information 1. Name of Bidder: Sessans Construction Co. , Inc. 2. Business Address: 7485 Davie Road Extension Ho 11 \MOOd, FL 33)24 3. When Organized: 1974 4. Where Incorporated: Florida 5. How many years have you been engaged in the contracting business under the present firm name? 30 6, General character of work performed by your company. Contract Mninistration. General labor, Misc. Itan Installation, Rough Carpentry 7. Enclose evidence of possession of required licenses and/or business permits. See attached 8. Number of employees, 15 9. Back~und and experience of principal members of your personnel, including officers. * See a ched 10. Bonding capacity. $12,ŒX>,cro Single, $l8.ŒX>,cro Aggregate (see attached) 11. Have you ever defaulted on a contract? If so, where and why?* See attached TillS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL ~"Q() . 1 STATEMENT OF BIDDER'S QUALIFICATIONS continued...... 12. Experience in performance. Proj ect $ Value Contact N arne Phone # Pa 1m Beach Countv Health _,$7.820.506 David I file lc:;on 8!:Ð. 245.4444 x. 3164 BCC, Health Science Center II $6, 775,403 Dr. Wanda Thanas 954.969.200:> Elaœntary Scffio 1 "P" $9,602,439 Mr. Rick Ragland 954.765.6390 Fire Station #39 & #83 $4, 168,836 Mr. Andrew Scalese 954.572.2487 $4,184,632 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) Plantation Pointe Aparbœnts, Plantation, FL $11,819,245 2) Pointe @ Bayberry Lake, Penbroke Pines, FL $ 9, 466, 861 3) El anentary School "P" (Manatee Bay), Weston, FL $ 9,602,439 15. List a11lawsuits (design and/or construction related) or arbitrations to which you have been a party and which: * See attached 1) arose from construction projects: * 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: Ho 11 Y\'>OOd, FL this 24 day of .-, August 20~1I""II /'/ ", ~s1RUc I", " 0 ...........1/0 '... ,/ ~ v.·' ttPO,.ç. ... ""'/;- " " .·vo '1/"... ., By: /-</' §~i SEAL"'\<6~ ....-~~-'/-~. - . :. = (written signature) _"tJ)~ 1974 : ::: ~~\ ./ . ..": ~ ,p ····.;ZORIOP.../ Name: Lee W. Sessans " ........... "1. (printed or typed) "",,,,,,,,', Title: Vice President Rev. 05/30/02 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ - 2 ADDENDA CITY OF BOYNTON BEACH FLORIDA BID ffiLE: EXP ANSIONfREMODEL OF THE LffiRARY BIDDER: Sessans Construction Co. Inc. DATE SUBMITTED: August 24, 2004 We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: SCHENKEL & SHULTZ (Name of Project Manager/Architect/Consultant) ! and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE 1 07/15/04 4 08/18/04 2 00/00/04 3 00/12/04 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-I -#1, .yqwN OCCUPATIONAL LICENSE '; 1";:>~"-i.'''''¿''~'T'.;·~NAME>1\ND~'L'QGATIQN:.DF'L1CENSE~S,:~;'t;:¡~S':~''';K,,-;1 PRSRT STD DlI.E u.s. POSTAGE .R. SESSOMS CONSTRUCTION ca. INC. PAlD 7485 DAV IE RO EX! MANASOTA. FL DAV] E PI.. 330240000 PERMIT #710 P.O. BOX 5917 DAVIE, FL 33310-5917 , - .CONTROL NO. '-1. -.'-:t1CENSE ;¡YPE:t;;¥l-"~:~;\..'~:"BEGlNNING --k;~J:-",æ"'~~~;<;'Ð';IDIfiG'~~~J*:¡:~';l~HÐNE~MBElf~",,~~ : OOl~691 I. REGUL.AR _I ~_O!.~1/2003 I ..9/30/2004 'l954-431-19~~- I ~. ~~:: ." ;-'.:-.::-- UCENSE'i#.:: f;":::Y~;';-:'1:::~-~--~~-7}CØOEH?~\~¢;tk.3~·:~4;~:~~t~r~11i~~~'}~i#:~~~~f:~~~'§.pA¿t)esea$t~~~~~}~~~~~&~:t~~~~t~~< i 04-16450 05800 ,.:.ç-QNTR-A-C¡rOR: GEN..RE s.BL OG I \!, ,-._ l ,-~ ,_ ,_ I ::. ;.. j' .6- .. , , r, ¡:p 2 S iU03 , 0<- "",; -~ Reference: , t !.~~¡r,'1.'\"iiB"1~;~~J\IJAIl'WG1ADD1iESSy-,4~"@;"'~'i'i;;.,,;:t~"''Ø'''''';' ..~- j ~-~ ~. TO: FLÈTCHER SESSOMS ..-- SESSOMS CDNSTRUCTION C¡). INC 7485 DAVIE RD EXr DAVI~ FL 330240000 II! ii! I ¡ illHl!I1 Ij. II I . I .. I' .". II H ' II iii! HIh 1!I!,lull¡¡hl I 1111111 -- - - - -- - - - - - --:- - -;---'--:.- -- - ------ -- -:- - - - - - - - -~-O~·302---= "iT-'r RQM :tBO-56063 BoardpfCountycònmiJIõSI?riers,.l:Irpwatd~è;o"'l1tyfil)rlda.';"i '. ....... . ,.. BRÒWÅRÓCOU'NTY'OC~,~~~ Tlp.~AL LICENSE TAX". RENI:W ONO¡:BEFORE ~~~~~c 25_061.FOfi .?~R.~OPQÇ'f,ºªER.1,;.,2Pº-3.THt:lt) $,EPTEMB&;~~9; 2P.~~Fj?,·. .i};f;:::-':i$EPTEMBEfi30j2003 '. d'RENEWAL 0 T~~~~f~,~:5/ioi¡;~~,; ··~~~.·'Ji!~!~~~~~ ' o NEW DATE BUSINESS OP¡;:NED . ···.'èaâSèâ.ô,fdóšf'Õf'UêönseilPíÍJd...' STATE OR COUNTYCERTIREG.II· cc.ê~o !iS~4 .. '.' . ····':OnofAfterNôvembåÌ'302003.··. ........COUNTYGENERAL CONTRACT~¡ >;j r _.. P. '. .' 1 í ' I 20 UNITS - I U'· - - - , BROWARO c;oUNTY~E.Vª,~EÇ!)~CT<"'., "2003 _ 2004' ~Ub OCT 1 0 ,2003p - - 115 S, Andrews Avenue, GovernmentalCentèr Annex ¡ FORT LAUDERDALE,FL 33301 .._ '.' .. PA¥MENT RECEIVED AS VALIDATED ABOVE ·SE I~STR CTlONS ON BACK OF LAS! COpy. ) PA:tD i.O/O~/OZ 'i"02S930..00C)l S4LOO ::;[SSDi. . .~ - - ---- - ---- - ---- - -- - ---- - ---- - -- - -- --- -- - -- AC# l~:::>:::> (LL SIAII:: vr- r-LUKJUA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L04061801042 . LICENSE NBR 06 IS 2004 030734307 CGCBOl134 The GENERAL CONTRACTOR Named below. IS ÇERTIFIED _ . Under' the provisions of ChaptØr'489 Expiration date: AUG 31, 2006 SESSOMS, FLETCHER JR SESSOMS CONST CO INC 7485 NORTH DAVIE RD EXT HOLLYWOOD FL 33024-2304 JEB BUSH DIANE CARR GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY ~ AC# 145572 3 STATE OF FLORIDA & DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L04061801043 06 18 2004 030734335 CGC049662 The GENERAL CONTRACTOR Named below IS CERTIFIED '.' . .' Under the provisions of Chapter '4'89. Expiration date: AUG 31, 2006 :?::--:::-:.::'"; SESSOMS, LEE WALTER SESSOMS CONSTRUCTION CO INC ., " 7485 N DAVIE RD EXT HOLLYWOOD FL 33024-2304 -. - JEB BUSH < DIANE CARR. GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY 0- __" __ _ ____ _ _ ____ 0"" _J.~...~..~h _ .... _..._, ì t::.\,t)44,J) 1 ."..... .. F' '," .,.~". .;", " J:' ðC#tJ,.b . ,'-:t. 3:: .':,.':' ';f,>' ";~STAtEOF'FLORIDA . '':' ),: ~·"t it:') , "~"~_,~'" i,···'; :::~:: ·'~»ii.t .;,; ,'~:.;" ":"> ..,_;. "... . \ ," ,"." ','T!~: ,-" ';ë.':~; :;;:~;,._ DEPARTMENTOF(ÐUSZ'NESS 'AND "PROFESSIONAL REGULATION <0 ',' :,.¡',;: ,.:0;(. , .:. .. :~,z,,-':;:':,:.;.:_." . C-Þ-ßSTRUC.';['I.ON"'!NbUSTRY LICENSING BOARD SEQ#"L03 0'61600 823-· , .. - ~-'-~.:' -~~;, ---" . LICENSE NBR ..>~~'·£':~':~~:c,3~:i:~;'~;:\.. +.~ <.~~ :~A..-lÍi ~'a... };\.t~.·- --;"~~:__~'~. - ~ - ,o::~ ~..:c.",.~ ~';~~,>.~ - - - ~,~,.'~~- '~ . .'I'J:-r '~!'>'O>~''\~2,,1;.;n4·7~=L BO'014303' ~"'1oc.,.!>-"";¡'~';;'~.,,,: ..~j". ..'. "¡'9 - _:ø ._.~. uµ.... .,Q~u· ·L.. _';)-""~9:"g - ?~.. :.._-::-:-:.-_~"".c~ ._.~,::<__ ,:",,::'.~_ _ . - ", :~1¡~t~;~!!rdJi~1m.V~;~to~~ .' . ' ":'.:;,CgMP~æ,O .D.O ~.BUSINES$\O~Y~I~''"IW(.S,~:,QUALIFIER.) :~ÎU$~~~~~qii~~s~~~~::;~ \:~~~~~~i" .. :Š~~~;~~~:!{:~~~~ DIANE CARR ":;:?GOVERij'q~ nl~PI AY A~ RI=0111RFIì RY I AW SECRETARY . . NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of Florida ) County of Broward ) Lee W. Sessans , being first duly sworn, deposes and says that: 1) He is Vice President of Sessans Construction Co., Inc. , (Title) (Name of Corporation or Finn) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way coIIuded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, coD11Ìvance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, incl . s affiant. (Signed) \\\\ II',.......... ~Ð~ ,,\ s'\'RUCrlo '" (Title) Vice President ~ O~"~;;~ÕRA'~"~ ;~s ~ Ú/ÚV EAt. "'.0-:' "'CI). S -. - - . . - Scribed and sworn to before me -~" . - =: 1974 : Ž = 24 August 2004 ~O·. i():" This day of ~ ú> -.. ~ .... ~ '- ~ ~J""" FLOR\~.·· $' :", ......... ~ My commission expir "I \\' , 11',,,,,,,\\\\ MY COMMISSION # DO 125876 EXPIRES: July 20. 2006 H'OI).:H«)TARY Fl Notary SeMce a Bondng. Inc. THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NrA _1 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF ~~ BROJJARD ) I, the undersigned hereby dilly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member QT mti firm or by an officer of the corporation. \\\\ rrtt( ", v.\}CT10 ",,_..?'- ~ <,'..-.......:"" ~.,. /,. .:-o~.··~çORAT~·... 00-::' // ~ ··0 ~\ '. ~/ : ú¡ús~ ,,," \. -:: ".,/ - . It- . - - ~ :(/): ð. :Z: /:. -:: :z: ,q1 By; () = ¡?/ , -:. 0 -.. l· ~ :----... -; "'.$\.... Fl~\q'f.· ~ NAÞÆE - SIGNATURE ~, ;¡ n ............. " ,.. " '" \\\ """1111\\\ Sworn and subscribed before me this 24 day of August , 20 04- I , Printed Information: Lee W. Sessans NAME Vice President TITLE ~~ß~ N TARY PUBLIC, State of Florida at Large Sessans Construction Co., Inc. COMPANY (Ð MICHELE D. BURNS MY COMMISSION # DD 125876 EXPIRES: July 20, 2006 1-e0<>3-NOTARY Fl NoIaiy Selvice & Boncing,lnc. "OFFICIAL NOTARY SEAL" STAMP TIllS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AKA-I N/A CONFlRJ.'VIATION OF MINORITY OWNED BUSINESS A requested fonn to be made a part of our files for future use and infonnation. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this fonn with your bid proposal sheet making it an official part of your bid response, ( ) AMERICAN 1NDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO - lfYES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification TIDS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-ftee workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations, ) 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the tenns of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction, .. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-ftee workplace through implementation of this section, As the person authorized to sign the ~tG"tW.'J.IltII~ certify that t~is firm complies fully with ..' _,s~C)'70 '..-: /7 the above requirements. ...' o";.·..ë.......... '" '-, // ~ ~ ú.·- 0 ~... 0~ ~ £,-~ -.. : 0SEAl .. 0'" /-"-1 :: Ct:I¡ ~ ~/ :: ::E; 974 : -='----'--- ::0'\ 1 : _ ,. :;; ~\ l,r) ~ Vendor s SIgnature ~... ,y, '.. ""LORIO!>-.· , .~;. ,S' ............. ~SSaR5 Construction Co., Inc. ¡/'. .... 'vI111,,,,,,,,,\\\'[ee SesSaR5, Vice President THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW - I · TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S. 1 926.650, as Florida's own standards, The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT JNCLUDEp IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTNE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEP ARATEL Y. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK, IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* TIllS FORM, I,E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THETR- ~,nOCUMENTS. ,\tt' t1, ", :\RUCTIO "" .$" o~:"'VÖ'R~j>¿'- "'~.Sessans Construct}g;l Co., Inc. ~ú 'oç- ~·.0, ~- #w{úSf.f>J. \Oª~. eofPr :::::æ:o: \974 :2= // -; CoP'-. l~()E ~ #II .p. ~."..... ~ ~J""" FLOR\~.·· ~ '" ......... " ---........... "" "" ~ ----- "'ure"'\\ Authorized Signature of Proposer- Lee W. Sessans, Vìce Presìdent *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method 1M,/¿ ~/ lZtf'c'jf? ¡~5 ft700c) ft;éJEJ£) 5/o/'b- THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA-l SAFETY PROGRMI COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following Q,S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this fonn). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to ,terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. i As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. \\\U'"''''II ,,\ ~1RUCl.~ Co .. Co I ,'" o~ ........ I. ans nstructlon . . nc. $ (; ....C;~?OR.1~.. ~, E'CI)/vSEAl \~: A~.,., ' = ~ € ! ~ = / '"l..- ¡ _o~ 1974 :~~ __. ~cJ).. ....ç,:- ~ ~ ". ¡: ~., () ... "'"of' ......~~J.'?.... ,P AUTHORIZED SIGNATURE "1 'to'''' IIIIIIIII,\\\'tee W. Sessans. Vice President THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPC - 1 - Sessoms , ' , CONSTRUCTION COMPANY, INC SAFETY PROGRAM OUTLINE 1) Sessoms Construction Co., Inc. (SCCI) holds weekly "Tool Box" job site safety meetings. A copy of the attendance sheet and topic discussed are filed on the job. 2) SCCI requiresàll subcontractors to hold weekly safety meetings and give sccrs Superintendent a copy of the attendance sheet and topic discussed. 3) Employees are supplied with OSHA-approved safety gear as required to the task being performed. 4) SCCI has a comprehensive drug testing program. 5) AIISCCI jobs follow both OSHA and AGC s~fety guidelines. Note: A complete Safety Program can be provided upon request. . ..15 [}ðvie Road Extension - Hollywood, FL 33024 ··fit . I~ ¡ J; 13roward (954) 431-7900 -Fax (954) 436-6789 - CG CBOl134 ''t ' ' ~ ~ . I[ U L ~... ~_ - INTI!G,nTY -·ON".'''' G:\MèsterForms\Personnel-Procedures\Safety Program Outline I µ" ::a ~'\I o ~. -. ~ ~ 0 ~ If) "'T 0 "" ....... ~ I - '..u ~ I ~ 1 n z Z P:::~ 0 I u 0 0 '0 o 9 jS 0 ~ 0 0 0 E=: t:. ~o () ~ 0 Q 0 -'" ..... O~ - 0 - ..... 0 0 çr1 .¿) - ~ Ä ~ f'\ (7), _ ,..... - r2> r:¿; ,- ~ ?; ~ If) -- ~ ~ 0 < µ"o g: '> ~ I ~ ¡::: ..-. 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[2 '$ ~",h r-:¡ t2 0 O~oo '" «: :õ <'; ¡:; -!] "1 ¡;¡¡ '" <:' ;;:' ". ¡;¡ ~ ~ r-- ..., '" - ~ ~ 0 ~~ '" 0 '" 0 .. ~ ~ 8 ¡s¡j '" <: ~ ~., '" ~ ~~ '" ~ o~ ~ 5 ~~ rg u ~:::! ~ [§ i':í ¡!! ~ ¡:: ~ 0 ß (S ~8- ¡;¡¡ :< ~ «1 ::;: U ¡g ¡;j .. o "'~¡;¡ _ 0..19 ~z ~ 000 -i ~~È «1~~ ~eu ~ R: «1 EJ f2 gj ~ ~ b '" ~, ~o Z ~ ~ ~u 6 ~ ~ ~~ -< Q ~o ~ ~ ..~ f-< d ., .. z ~ OC o ¡:; VI ... ., " «1 ~J ..~ ~ Q '" ocr- ,,<;¡ ~ «::i 0 ~~ :; ø. ~ ~~ ~1š ~~ '" [§gj æt;]~ ~ -" '" ~ «: :~ ¡.< S oÇ: g¡~ Ù " f;j ~< gj:z; ~~ 0U ~ p< Q 0 [) - '" <!o ~U \).] '" :=: ii:; [§ Q c j .cr: u ~ C/) ~~ ~ SO z ~~ [@ iç3~ íE ~ W/- IE 1 fn\ 1 The City of ~~:~1~~ 2004 ~ Boynton Beach Procurement Services 100 E Boynton Belich Boulevard p. 0. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742~306 ADDENDUM #1 DATE: JULY 15,2004 BID TITLE: EXP ANSIONIREMODEL OF THE LffiRARY BID NUMBER: #01 7-261 0-04/CID ", 'I'Iæ foUowingchanges, additions, deletions, and/or information are- hereby made- a part of the Bid for the "EXPANSIONIREMODEL OF THE LmRARY", BID #017-2610-04/CJD. DOWNLOAD OF PLANS FROM DEMANDSTAR: When the original plans were uploaded into DemandStar for the bid solicitation the landscaping documents were not included. Therefore, if you downloaded plans fi'om DemandStar you will need the landscape documents fTom Addendum #1 to complete your set. PURCHASE OF PLANS FROM ARCHITECTURE: If you purchased the plans fTom SchenkellShuhz Architecture the landscape documents were included and your set of plans are complete. \\,.tll'II", ,,\\ O",STRu I,;, ~ . ú ............ C' J:: "... Sessoms Construction Co., Inc. $' ~ ....c-0RP0,f>···:/o ~ ::: ~/ S EA -1~... -z. ~ - l . - Company Name _u,1 :0- ::c.n: ]97 :0= -:.\.Û~. 4 l.: , 1ft eo ..... / /(\ "ee Á> .' ~ ::: œ 24 '·~e'?~!~~"'·<0 ~ Signature ., " t_ Date "1 \'\\' li¡!!'1''';'' ~~~-~ Bill Atkins Deputy Director of Financial Services /CID cc: Virginia Farace - Project Manager Samuel Ferrieri - Architecture Demandstar.com Shelf Copies File THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE [ ... r-=' n \\ J ~ ~- !t~~ -c ¡;c , ,1 [E F" ,. ~ The City of : i-- , -------1 Ui AUG 1 0 2004 Boynton Beach >-, ~ r,ì~eJ~7'- . " S[:~" ~ , -- .--, Procurement Services ' , .__---i 100 E. Boynton Beach Boulevord P.O.Box310 Boynton Beach, Florida 33425-0310 Telephone: (561) 741-6320 FAX: (561) 742-6306 ADDENDUM-#2 DATE: August 9, 2004 BID TITLE: EXPANSIONIREMODEL OF THE LffiRARY BID NUMBER: #017-2610-04/CID The following changes, additions, deletions, and/or information are hereby made a part of the Bid for the "EXP ANSIONIREMODEL OF THE LmRARY". ADDENDUM NO.2, to' Drawings and Specifications dated October 15, 2003 for Boynton Beach City Library, Boynton Beach, FL., as prepared by SCHENKELSHULTZ, 1300 N. Congress Ave., West Palm Beach, Florida 33409. This ADDENDUM NO.2 shalIherebybe and become a part of the Contract Documents the same as if originally bound thereto. The fullowingclarifications,amwdme.nts, -additions, revisions, -changes -andmoditications change the original Contract Documents only in the amount and to the extent hereinafter specified and set forth in this ADDENDUM NO.2. " The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard --- _.u__ 1 P. a Box 310 i ¡-_--_~ ..----.' !'?\\ f? n Boynton Beach. Florida 33425-0310 I i f') IF I ~ !r' II W' [E r;::\ Telephone: (561) 742-6320 t I ~~! r~~ , "- ." _n_. ~ " . FAX: (561) 742-6306 ~It AUG 13 W~ c::r:-c:' C'(":' : ADDENDUM #3 ,l~,:" ~ DATE: August 12,2004 BID TITLE: EXP ANSION/REMODEL OF THE LffiRARY BID NUMBER: #017-261O~04lCJD· The following changes, additions, deletions, and/or information are hereby made apart of the Bid for the "EXP ANSIONIREMODEL OF THE LmRARY". ADDENDUM NO.3, to Dràwings and Specifications dated October 15, 2003 for Boynton Beach City Library, Boynton Beach, FL., as prepared by SCHENKELSHULTZ, 1300 N. Congress Ave., West Palm Beach, Florida 33409. This ADDENDUM NO. 3sball hereby be and become apart of the Contract Documents the same as if origina1ly bound thereto. The following clarifications, amendments, additions, reVISIons, changes and modifications change the original Contract Docmnents only in the amount and to the extent hereinafter specified and set forth in this ADDENDUM NO.3. CHANGE BID·OPENJNG DATE FROM AUGUST 17. 2004 AT 2:30 P.M. TO: AUGUST 24.2004 AT 11:00 A.M. CONFERENCE ROOM "B" CITY HALL 1 , MECHANICAL/ELECTRICAL Item #15 - DRAWING SHEET NO. El 01. ELECTRICAL DEMOLITION PLAN A. Add the following general note to Drawing ElOl, "Disconnect and remove existing fire alarm equipment after the new fire alarm system is installed, operational and inspected." CLARIFICATIONS PERMIT FEES A. Permit fees for the project will be 2% of construction cost, 30% ofthat cost at time of submittal. ELECTRIC BILL A. The Contractor must provide temporary power during the new construction phases. The Electric will be maintained through the remodel phase with the understanding that the air conditioning will not be used, SITE FILL A, Fill excavated from property can be used as site fill. . \\\"""", ,,\\ ONSTI? ""~ Sessans Canst ...' c, ........ (¡ (:' '-' .... .... ... r.. -, Company N :: ..' S t>\o~ _ O! ~...q "1...~ ~-:: --_',¿,.-.-, :CI): iff'::. = : i 19 : () = ;. cf) \,<, Œf!l.4/C)I'i.O ~ Signature Lee W. Sessans. Vice President . ...:- ~'. .if.... '~, ....') ,,~ III \" I""UII \\\\ ~~~ Bill Atkins Deputy Director of Financial Services /cjd C: Schenkel & Shultz - Sam Ferrieri Schenkel & Schulz - Choli Aronson Virginia Farace - Library Director Richard Fiege - Facilities Manager Demandstar.com Shelf Copies File 8 The City of Boynton Beach Procurement Services 100 E Boynton Beach Boulevard p, O. Box 310 Boynton Beach. Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6306 ADDENDUM #4 DATE: AUGUST 18, 2004 BID TITLE: EXP ANSIONIREMODEL OF THE LffiRARY BID NUMBER: #017-2610-04/CJD The following changes, additions, deletions, and/or information are hereby made a part of the Bid fOT the EXPANSIONIREMODEL OF THE LIBRARY BID#017-2610-04/CJD ADDENDUM NO.4, to Drawings and Specifications dated October 15, 2003 for Boynton Beach City Library, Boynton Beach, FL., as prepared by SCHENKELSHULTZ, 1300 N. Congress Ave., West Palm Beach, Florida 33409. This ADDENDUM NO.4 shall hereby be and become a part of the Contract Documents the same as if originally bound thereto. The following clarifications, amendments; additions, revisions; changes and modiñcations change. the original Contract Documents only in the amount and to the extent hereinafter specified and set forth in this ADDENDUM NO,4. CHANGES TO PREVIOUS ADDENDA rifj' í~ " ~'l ARCHITECTURAL (No Architectural changes to PTevious addmda) CIVIL (N& Civil changes to- Previous addenda) \\11 lH AUG 1 9 2004 LANDSCAPE (No Landscape changes to PTevious addmda) ¡ L_ STRUCTURAL (No Structural changes to Previous addenda) SEssn'."_ ( ,.-3 - ~- MECBANICAUELECTRlCAL (No McchanicalÆlcctrica1 changes to PTcvious addœda) THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE 1 CONSIDERED COMPLETE AND ACCEPTABLE STRUCTURAL (No Structural chanfes to the Drawinfs) MECHANICALIELECTRICAL ITEM NO.8.: DRAWING SHEET NO. E302, P ARTlAL FIRST FLOOR POWER AND SYSTEMS PLAN A. Add junction box with circuit K-23 for above door lighting. CLARIFICATIONS ITEM NO.9.: LOUVERS A. Louvers shall be Ruskin ELF6375DXD Drainable Stationary Louver or approved equal. Louvers shall be Miami-Dade Hurricane and Missile Impact rated. Coordinate [mish with Architect. ITEM NO. 10.: ADDENDA SUBMIIT AL A. It is mandatory to submit all addenda signed by an officer of the company in order for bid package to be I \\,,,tll,,, comp ete. ........',\\ S1RUC;,"',,, ........ O~.····..·... 10 ~ INSERT DRAWINGS $ 0..,~o9.POI?-'I;....'J, ~ E ~¡ SEA(\0~ =~: :0: -0: 1974 :. = -cf). --- Sessans Constructi ~ ~ \. ./ ~ ~ Company Name ~ .........~..... ~ , ~, Þ "1 \,.... '"""",,\\ ~,-- 00/24/04 Signature Lee W. Sessans, Vice President Date ~~~ Bill Atkins Deputy Director of Financial Services /CJD cc: Virginia Farace - Library Director Samuel Ferrieri - Consultant Choli Lightfoot - Consultant Demandstar.com Shelf Copies File THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE 3 CONSIDERED COMPLETE AND ACCEPTABLE §~11 ! I ' ~' . m m I I,' I 1 " ' 0' 0, 0 6 "'" ~:i?!! !! INN' 1N1l"V tvl.......I....)., -\.\......,....).1 -..a.I....... ....... ..............¡ I J I ~ .......' 0' 0 0 N'....... 01 <DI CD' -..,1 0)1 U1j -b.! 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VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.t AGENDA ITEM REQUEST FORlVI Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 5,2004 (Noon) September 20,2004 D August 17,2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4,2004 [8J September 7,2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 D September 21, 2004 (Noon) September 7,2004 D November 16,2004 (Noon) November 1,2004 ("") 0 G-I =;-< D Administrative D Development Plans ~ -"'~C) ¡----= C) -'1 [8J D G'J ~r:P NATURE OF Consent Agenda New Business - ¡,-,C::) AGENDA ITEM D Public Hearing D Legal v:J ::-~~ -< -----..::~~ D Bids D Unfinished Business ~ U~4 C) oz D Announcement D Presentation \..0 ":'lcJ ~r"" D City Manager's Report - (}> Cï> fTì () :x: RECOMMENDA TION: Motion to approve and authorization to execute by Resolution, Task Order No. U04-03-02, in the amount of $376,000 to Brown and Caldwell, Inc. for updating the system-wide water transmission and distribution computer model and conducting a water system analysis in support of the City's comprehensive utilities planning process. EXPLANATION: The City owns and operates a water transmission and distribution system that serves over 90,000 people within its service area, Rapid development and redevelopment of properties within the Utility's services area have resulted in an increased demand for reliable delivery of potable water, in larger quantities. This situation has also resulted in a need to deliver improved fire flows to areas where multi-story buildings are planned or currently under construction. These concerns have made it necessary for the Utilities Department to re-evaluate its infrastructure and its ability to meet its commitments to its customers, now and in the future. A reliable computerized hydraulic model is a critical component of the planning process, as well as an integral tool used for identifying areas of the water system that are currently beyond their design capacity, or may not perform as intended when increased demands are placed on them. A reliable model will allow the Utilities Department to develop a more comprehensive replacement and renewal program for this infrastructure, as well as enable it to plan for capital improvements made necessary by the new developments and corresponding fire flow requirements. PROGRAM IMP ACT: Task Order No U04-03-02 consists of nine (9) sub-tasks: . Sub-task I - Data-gathering and Review · Sub-task 2 - Kick-off Meeting · Sub-task 3 - Model Conversion · Sub-task 4 - Disaggregation of Water · Sub-task 5 - Model Comparison S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM · Sub-task 6 - Interim Review Meeting · Sub-task 7 - Field Calibration · Sub-task 8 - Detailed Analysis · Sub-task 9 - Final Report FISCAL IMP ACT: Funding for this project is provided under Account No. 401-5000-590-96-01 - CIP Project No. WTR126. ALTERNATIVES: There are no reasonable alternatives to utilizing a computerized model of the water system for proper planning purposes. ~~ ~Ñ'91 City Manager's Signature City Manager's Signature Kurt Bressner Kurt Bressner City Manager City Manager Utilities Department JJRœ /)0 . Department Name City Attorney / Finance / Human Resources Attachments: Task Order No. U04-03-02 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF TASK 5 ORDER NO. U04-03-02 TO BROWN AND CALDWEll IN 6 THE AMOUNT OF $376,000, FOR UPDATING TIIE 7 SYSTEM-WIDE WATER TRANSMISSION AND 8 DISTRIBUTION COMPUTER MODEL AND 9 CONDUCTING A WATER SYSTEM ANALYSIS IN 10 SUPPORT OF THE CITY'S COMPREHENISVE 11 UTILITIES PLANNING PROCESS; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, the City owns and operates a water transmission and distribution 16 system that serves over 90,000 people within its service area, and rapid development and 17 redevelopment of properties within the Utility's services area have resulted in an increased 18 demand for reliable delivery of potable water, in larger quantities; and 19 WHEREAS, staff has detennined that this situation has also resulted in a need to 20 deliver improved fire flows to areas where multi-story buildings are planned or currently 21 under construction, which concerns have made it necessary for the Utilities Department to 22 re-evaluate its infrastructure and its ability to meet its commitments to its customers, now 23 and in the future; and 24 WHEREAS, the City Commission, upon staff's recommendation, has deemed it 25 appropriate and in the best interests of the public to approve Task Order No.U04-03-02 to 26 Brown and Caldwell to provide for updating the system-wide water transmission and 27 distribution computer model and conducting a water system analysis in support of the City's 28 comprehensive utilities planning process. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Task - Change Orders\Brown and Caldwell- U04-03-02.doc 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 2 as being true and correct and are hereby made a specific part of this Resolution upon 3 adoption hereof. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby authorize and direct the approval and execution of Task Order No. U04-03-02, in the 6 amount of $376,000 to Brown and Caldwell, for updating the system-wide water 7 transmission and distribution computer model and conducting a water system analysis in 8 support of the City's comprehensive utilities planning process, 9 Section 3. This Resolution shall become effective immediately upon passage, 10 PASSED AND ADOPTED this _ day of ,2004. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 20 21 Commissioner 22 23 24 Commissioner 25 26 27 Commissioner 28 29 ATIEST: 30 31 32 City Clerk 33 S:\CAIRESOIAgreements\Task - Change Orders\8rown and CaldweII- U04-03-02,doc Task Order No. U04-03-02- Water Distribution System Analysis And Hydraulic Model Update For the City of Boynton Beach A. BACKGROUND As part of the development of the City of Boynton Beach (City) Comprehensive Plan in the late 1980's, the City's consultants developed a hydraulic analysis of the City's water distribution system. The analysis of the system was documented in the January 1989 report titled: "Citv of Boynton Beach. Florida. Comprehensive Plan. Sanitary Sewer Drainage, Potable Water. Natural Groundwater Aquifer Recharge and Solid Waste Element." Since the completion of the January 1989 report and a subsequent, limited ("un-calibrated") model upgrade by Hartman & Associates, the City has made (or is planning) major improvements to the water supply, treatment, storage, and distribution systems, without the benefit of a current model. In addition to the above system improvements, the operation of the system has been modified to not only shift the primary supply source for the system to the West WTP, but also to respond to South Florida Water Management District (SFWMD) policies related to the severe drought (Summer 2000) in the region. Based upon the SFWMD policies, the Boynton Beach Utilities Department has been operating the system at a reduced delivery pressure of 45 psi during water restrictions. This délivery pressure has dramatically reduced the usable storage in the concrete elevated storage tank, (The limitation on delivery pressure causes a reduction in the stored supply in the City's elevated storage tank.) The Utilities Department is seeking assistance from one of the existing pre-approved general engineering consultants, Brown and Caldwell (B&C), to upgrade the existing model to reflect the changes in the system related to the storage tank locations and capacity, pump stations and storage tanks, additions to the transmission main system, and the West WTP. The Department is also requesting that the disaggregation of the peak demands be analyzed to verify that the demand projections in the January 1989 and updated 2002 model reflect the current peak demands on the system. The flow disaggregation will also be evaluated to adjust the demands on the system and to adjust the demands of critical nodes in the model, based upon changes in the land use plan for the City. It is understood that characteristics of the downtown areas of the City could Page I of9 potentially be significantly modified to increase water demands if a change in allowable building height is approved. B. SCOPE OF SERVICES General: Brown and Caldwell (B&C) has generated a specific Scope of Services to update and revise the model developed for the 1989 Comprehensive Plan. Based upon detailed discussions with Utilities Department staff, the goal is to provide the City with an updated model that can be used to determine system improvements to address the following operational and service requirements: 1. Changes in the land use zoning and developed densities and the potential increase in the current building height requirement. 2. The use of interconnects with adjacent utilities to meet emergency and/or fire flow requirements. 3. Movement of water supply across the entire network. 4. Delivery of water service primarily from the Western RO WTP to the Eastern areas. 5. Reduction in the delivery pressure at the water treatment plants to 45 psi, 6. Present a calibrated, usable model to the City to model fire flow capacities, pump sizing and determination of which projects will provide the greatest benefits, Below is the Scope of Services for the update of the 1989 water transmission/distribution system analysis. Task 1: Data-!!atherin!! and Review Under this Sub-task, B&C staff wi1l gather and catalog existing documentation provided by the City and a copy of the latest modeling software will be procured for use in analysis of the system, Information made available by the City's Utilities Department will be reviewed and organized for discussion as an agenda item during the Project Kick-off Meeting. Page 2 of9 Task 2: Kick-off Meetin~ with City Staff Prepare for and conduct a Project Kick-off Meeting with Utilities Department Staff to review the objectives of the model upgrade and achieve consensus on the product of this effort. Prior to the meeting, B&C will receive a working electronic copy of the 2002 model to review and will determine the critical issues regarding the model, as well as the other City-furnished items (see Section IV, page 6 of 7, herein) that will need to be reviewed during the Kick-off Meeting. Based on B&C's understanding of the City's objectives for the revised model, B&C will review the skeleton system. The skeleton system will be based upon the currently available model. Insignificant or substandard piping that can be obviously identified ITom a review of the existing AutoCAD water system files will be removed from the model for purposes of this analysis. Similarly, known major pipeline upgrades and additions will be incorporated into the model. Following the meeting, the consultant will summarize the discussions and will distribute a copy of the memorandum to all interested parties. This document will constitute the "deliverable" for Task 1. Task 3: Model Conversion Based on the best available information, the current model utilized Haested Methods' WaterCADD version 4.5 hydraulic modeling software system analysis, The existing distribution/transmission system is available in digital format, However, the distribution and transmission system is stored on one layer in AutoCAD. B&C will develop a comprehensive layout of the existing system placing individual water main sizes on a separate AutoCAD layers, By segregating the pipe sizes by layer, B&C will be able to digitally transfer the pipe locations and sizes to the WaterCADD model, while providing the City with a more flexible database for the existing, centralized GIS database for all elements of the City's Public Utilities and Water Works Systems, as well as being utilized for other planning and mapping purposes. Task 4: Disa!!~re~ation of Water Demands Utilizing available GIS maps, B&C will compare land use and zoning requirements for the City in 1989 to the current requirements. Based upon this GIS map analysis, B&C will identify areas where the density of development has materially changed. In addition to the land use analysis, B&C will compare the T AZ zone population projections, which were used in the 1989 report, with the projections from the 2000 census projections. In addition, the consultant will compare the per unit usage such as per capita for single family residential customers, per student/seat for institutional usage and per acre/sq. ft. for commercial/industrial flows in the 1989 model with the past five (5) - year historical patterns observed by the City. Based upon the changes in the documented flows and Page 3 of9 assumptions in the 2002 model, B&C will make appropriate adjustments in the demands to be utilized in the model for purposes of this analysis. Task 5: Model Comparison Comparison of the model wil1 be perfonned. This will include collecting five (5) years of operational data from the City on plant pumpage, water levels in the storage tanks and City-monitored system pressures to detennine the model's level of calibrated. B&C will also utilize the recently completed Insurance Services Office (ISO) fire flow data to determine whether the model is properly calibrated, determine whether system valves are in the proper operating position and estimate pipe friction factors. In conjunction with the ISO data, review the friction coefficients utilized in the 1989 and 2002 models and will use best engineering judgment in establishing friction coefficients for both existing and new mains based upon pipe material, age of the pipe and any projected change in the pipe condition over the evaluation period used in the analysis, B&C will evaluate system improvements based upon the following future conditions: 1) near tenn demands (1-5 years); 2) projected demands in 2010, 2015 and 2020; 3) projected demands at the end of the twenty (20) year planning horizon (2025); and 4) projected demands under build-out conditions. Task 6: Interim Review Meetin!! Upon completion of Tasks 1 through 4, B&C will prepare a Technical Memorandum (deliverable) outlining the analysis and conversion of the model to WaterCADD. The Technical Memorandum will also summarize the changes in demands that have been made to the original model and the results of the initial calibration analysis for the WaterCADD model. Once the City has reviewed the technical memorandum, B&C will schedule a time to meet with the City to review the findings of the initial analysis. At the meeting, B&C will establish, with the City's input, the specific demand conditions that the City will want analyzed, These demand scenarios will include: 1) variations in the supply source between the East and West WTPs, 2) fire flow demands at critical points in the system, 3) demands for new growth areas, 4) evaluation of the capacity of existing and future interconnects with adjoining utilities, 5) varying WTP delivery pressures, 6) drought vs. normal usage conditions with an evaluation of system operational strategies to meet the severe drought conditions, 7) additional storage and lor re-pump stations to meet critical conditions, 8) and evaluation of the reduction in water demands if the City implements a reuse distribution system to offset existing and future irrigation demands, 9) a sensitivity analysis on the impact of high rise development in identified areas of the City, Page 4 of9 Task 7: Field Calibration Based upon the findings in Tasks 1 through 5, B&C will perfonn a field calibration analysis of the revised hydraulic model at three selected field data-gathering events. Each event will cover a 24-hour period. For example, one event period may occur during peak demand and another during low demand conditions. For the instantaneous analysis, flows trom selected fire hydrants will be measured along with the existing system pressures in the vicinity of each test hydrant. The status of major inputs to the water system trom the two water plants, re-pump stations and the elevated storage tanks wi1l also be monitored. In addition to fire hydrant flow tests, B&C will evaluate the need to install twenty-four (24) hour pressure recorders at selected points in the system to monitor changes in the distribution/transmission system pressures over and extended period. B&C will utilize up to ten (10) continuous recorders to evaluate changes in system pressures over extended periods. After the field calibration is perfonned, B&C will make adjustments in one or more of the following factors to adjust the model to reflect the field observed conditions: 1) friction coefficient for selected pipe segments; 2) operating position ofline valves; 3) peak hourly to average daily flow demand ratios and/or; 4) Allocations of demands to critical model node points. Task 8: Detailed Analvsis Once the City and B&C have detennined that the revised model is accurately reflecting the existing system, under critical operational conditions, B&C will analyze selected flow scenarios to meet future growth and system requirements. The selection of scenarios for the model will be based upon discussions with the City, after B&C has presented recommended model scenarios to the City, as discussed in Tasks 4 and 5. The model scenarios will be based upon steady state conditions, using selected water treatment plant and system operating conditions. These conditions will include: level in the elevated storage tank: and pump capacities at selected delivery pressures, diurnal demand patterns and fire flow demands for selected alternatives. The modeled scenarios will be based upon the growth projections for each five (5)-year increment over the twenty (20)-year planning horizon. Build-out conditions will also be evaluated, The five (5)-year increments have been selected to evaluate phased improvements to the water system and to meet the requirements under build-out conditions. Page 5 of9 Task 9: Report of Findin~s B&C will summarize the findings of the hydraulic model analysis in a bound report. The report will present the recommended improvements to the existing system to meet future growth and land use plans for the City. Planning level construction cost estimates and project a schedule will be prepared for the system improvements. These cost estimates will consider constructability issues related to the pipeline corridors, as well as major roadway and canal crossing issues related to the pipeline corridors. The report will include consolidated maps, which depict the existing system and the phased, recommended improvements, including system improvements required to meet build-out conditions. The capital cost requirements will be summarized for each five (5) year period and the build-out condition, Upon receipt of the City's review comments for the draft report, B&C will meet with City Staff to discuss the draft report and address specific comments by the City. After the meeting, B&C will finalize and submit a Final Report. B&C will provide the city with the final document and digital file of the model, and hard copy maps, which depict the recommended improvements to the system to meet the future conditions. C. ASSUMPTIONS The projected level of effort and schedule for the hydraulic analysis has been based upon the City providing the following infonnation within two weeks from Notice to Proceed for the project: · Electronic copy of model and model databases with current use licenses or other required pennissions. · Copy of the 1989 hydraulic model available infonnation and 2002 hydraulic study, · Historical system operational data including water plant flow records, tank levels, booster pump station flow/pressure readings, fire flow test results and pressure readings fTom remote locations in the system. · Electronic files of the City's 2002 and current land use zoning maps. AutoCAD files for the existing water transmission/distribution system, D. CONTRACT REFERENCE This task order shall be perfonned under the tenns and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton Beach and Brown and Caldwell, Page 60[9 E. ADDITIONAL SERVICES The following are examples of some specific Additional Services items that may be required, but are not included within this Task Order. Generally, a condition contrary to the work description in Section B or assumptions of Section C (upon which the task order fee is established) is considered an Additional Service item. Examples include: 1. Gathering of additional information, beyond that available from City Staff. 2. Development of a new water system computer model due to lack of, or inadequacy of an existing model. 3, Field verification of existing utilities. 4. Development of property descriptions of easements and rights-of-way. These and other services may be provided, if desired by the City, under a separate task order or by an amendment to this task order. Services performed will be on an as- directed basis, in accordance with a written Notice to Proceed :trom the City, F. OBLIGATIONS OF THE CITY 1. The City shall provide B&C, in a timely manner, record data and infonnation related to the water system, as necessary for the performance of services specified herein. 2. The City shall review all draft deliverables submitted by B&C and shall provide review comments within fifteen (15) calendar days. G. COMPENSATION Compensation for services rendered will be a Lump Sum Fee of $376.000. Brown and Caldwell will invoice the City monthly, based on percent complete, as established for each Task, below. The budget for this Task Order is based on the approved rate schedule established under our Professional Services Agreement, dated November 18, 2003. Individual task budgets have been provided to reflect the level of effort required for each task and corresponding invoicing percentages. COST SUMMARY: Estimated Sub-Task No, & Name Sub-Task Fee (and % value) 1 - Data-gathering.,. $21,000 (6%) 2 - Kick-off Meeting $30,000 (8%) 3 - Model Conversion $23,000 (6%) 4 - Disaggregation of Water $24,000 (6%) 5 - Model Comparison $36,000 (10%) Page 7 of9 6 - Interim Review Meeting $36,000 (9%) 7 - Field Calibration $54,000 (14%) 8 - Detailed Analysis $89,000 (24%) 9 - Report $63,000 (17%) Total Lump Sum Fee: $376,000 H. PROJECT SCHEDULE The project schedule for each Sub-task is presented below. (Month "0" = receipt of Notice to Proceed.) Sub-Task Start Month End Month 1 - Data-gathering. .. 1 1 2 - Kick-off Meeting 1 1 3 - Model Conversion I 2 4 - Disaggregation of Demands 1 2 5 - Model Comparison 2 3 6 - Interim Review Meeting 3 4 7 - Field Calibration 3 6 8 - Detailed Analysis 5 7 9 - Report 7 9 Page 8 of9 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA BY: Kurt Bressner City Manager Dated this day of , 2004 SUBMITTED BY: BROWN AND CALDWELL By: Phil Fe ney, P.E. Senior Vice President / Regional Manager ~ Dated this /:3 ~day of ~. ,2004 Page 90f9 ooooooc~ ooooooocoo~ ~~ 00000000 COO~~OCO-N œ~~ ~~g~ggg¿ œ~-g~~~~~~g¿~ ~:='iC:¿d~~:;-5 ~ ~.:.~~~::-~~~{A~~t1 r- ~ II) \£)r"}V"IO'_'-O N r- _ ~~tA ~- :;8 ~tA\AVjV} V1 - ~ Ñ ~~g~~g~~ ggg~gh ~~ ~ ~~~~~~ ~ cici~~oo6 cz ~ ~g~~~ N ~ ~:::t4~C:~ ~~ ""'~tA{A{A fA ~ {A~ ~;< 1'.1 "¡ r..J ð§: E ~~ ~ - ~ .. c _ ~ ;:> Õ .3 ..s::. 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Qf c::a .D.]o:a::o.¡:;: 0__ ,J, ~ ~ ~¿ ~ ã -g Z l= ...;¡ .. s~ >,C ~ "'''' ~ eoc.o~ ~ ~ ~ ¡ ~ ~c:i~Æwz C5 ~~ è ~ ~~ ~ ~ =~a bot ~ ID ~o< .~ !'>. u;:J =-¡i: ~ ~ ~ z~ ~ ~ . ~~ ~ ~ --.fi ø::~ ~:¡~ ~ i¡ ~..~ ~i § o~æ z:~,g [,¡ ~¿::¡: ~ ~ ~ C:) >,0,::--: aux'-l ;>0 - ::I à B ~8 - !! :!,: 'C¡> is £"š ¡¡¡ .É « UJ ;'!: J" ~ ~ (,) 8__.5.... _¡¡C+-õ otx:..,Jr- ... ~"E "= co.. E è> . £,- ~ ~ !- ~ $:) . ~ =õo£tfit5~ t:: ~,;;!':~ ŠZf-~ '- -: ~ ,g g ~ õ g ¡¡ õ!: f! ,5 ; ~ e. ~ 8. 8 f2 ~ >- i u ~ -;; .-= 0 .- .""",, -~ .- E!: t- # ~ .! E tQ to tI1 !- .... 10 "L. ~ e p- Ii e e Ii ,,= ~ '':: 0 ,~ ,~ g;;;: 0 ;:J ;:J ;'!: Ü CQ at: "'""'t - 0........ tJ) a.. :I.. U') -.I - ~ ..J '-" v L1.. .c. U tI) U') t"'oI VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meetinl!. Dates in to City Clerk's Office o August 3, 2004 (Noon.)July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 [8] September 7, 2004 (Noon) August 16,2004 o November 3,2004 (Noon) October 18,2004 o September 2J, 2004 (Noon) September 7, 2004 o November J 6, 2004 (Noon) November I, 2004 <:""> C-:J (") -f --.;-. - =i-< 0 0 :Do -<0 Administrative Development Plans , \.--¡ -r¡ C() NATURE OF [8] Consent Agenda 0 New Business I ,--tJ.:) ,';0 AGENDA ITEM 0 0 \.0 ::; -< Public Hearing Legal ·..~z 0 0 :;:... U)-f Bids UnfInished Business _'.1.,. C) - c::!z 0 Announcement 0 Presentation - -'1 .. -r¡CD .s:- -- "T\ 0 City Manager's Report n:> C) P1n :r; RECOMMENDATION: Motion to approve and authorize execution of Task Order no. U-04-7-1 by Resolution with Erdman Anthony of Florida, Inc. d.b.a. Crossroads Engineering & Surveying for furnishing design, permitting, bid phase, construction observation and certification services for the replacement of lift station no. 101 and additional sewer force main. The Task Order fee will be a not-to-exceed upper limit of $31,660. EXPLANATION: Lift Station no. 101 is located in the vicinity of St. Andrews Golf Course, serving a number of residential and commercial establishments along SR A-I-A. The lift station is of an obsolete design, and must be rebuilt. In addition, the Department seeks to connect two existing sewer force mains on either side of SR A-I-A, for the purpose of increasing system efficiency and reducing odor due to stagnant conditions. This task order will include design of the force main, assessment of the lift station condition as a prerequisite to re-designing improvements, permitting assistance, and services during construction. The new force main and rebuilt lift station no. 101 will also allow the Department to bypass another existing lift station (no. 103) that would otherwise require significant rehabilitation. S:\BULLETlN\FORMS'AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The net result of the completed project would therefore be reduced operating costs, reduced odor generation, and increased safety due to elimination of a below-grade pit at the existing station. FISCAL IMPACT: The upper limit cost of this Task Order is $31,660. Funds for this activity are available in account 401-5000-590-96-04 (SWR 081). AL TERN A TIVES: Continue to use lift station no. 101 in its current condition, construct odor control devices to eliminate t nuisance conditions, and rebui lift station no. 103 City Manager's Signature UTILITIES Department Name City Attorney I Finance I Human Resources XC: Dale Sugennan (w!copy of attachments) Peter Mazzella " Barbara Conboy " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ---~. -~ _.__..~._-----_.~~._---~.~-~-~------- __"__00________ 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF TASK 5 ORDER NO. U04-7-1, FOR FURNISHING DESIGN, 6 PERMITIING, BID PHASE, CONSTRUCTION 7 OBSERVATION, AND CERTIFICATION SERVICES FOR 8 THE REPLACEMENT OF LIFT STATION NO. 101, AND 9 ADDITIONAL SEWER FORCE MAIN TO ERDMAN 10 ANTHONY OF FLORIDA, INC., D/B/A CROSSROADS 11 ENGll'ŒERING & SURVEYING, IN AN AMOUNT NOT TO 12 EXCEED $31,660; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 16 WHEREAS, Lift Station No. 101 is located in the vicinity of St. Andrews Golf 17 Course, serving a number of residential and commercial establishments along SR A-I-A; and 18 WHEREAS, staff also seeks to connect two existing sewer force mains on either side 19 of SR A-I-A, for the purpose of increasing system efficiency and reducing odor due to 20 stagnant conditions; and 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof, 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize and direct the approval and execution of Task Order No. U04-7-1 with 28 Erdman Anthony of Florida, Inc., d/b/a Crossroads Engineering & Surveying for furnishing - 29 design, pennitting, bid phase, construction observation, and certification services for the 30 replacement of Lift Station No. 101, and additional sewer force main to Erdman Anthony of S:ICAIRESO\AgreementsITask - Change OrderslCrossroads U04-7-1.doc -- - 1 Florida, inc., d/b/a Crossroads Engineering & Surveying, in an amount not to exceed 2 $31,660. 3 Section 3. This Resolution shalI become effective immediately upon passage. 4 PASSED AND ADOPTED this _ day of August, 2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 - 8 9 Mayor 10 11 12 Vice Mayor 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 Commissioner 22 23 A TrEST: 24 25 26 City Clerk 27 S:\CA\RESO\Agreements\Task - Change Orders\Crossroads U04-7-1,doc - Task Order No. U04-7-1 Lift Station 101 Replacement and Force Main A. Background Sewage from the community of Briny Breezes flows to the City of Boynton Beach's (the CITY's) Lift Station (LS) 103, The sewage from LSI03 flows to the south via two routes: a 4" force main on the west side ofSR AlA, and LS101 in the St. Andrews golf course community. Both stations are older and not constructed to current standards. The CITY desires to remove LS103 from service and to replace or upgrade LSI01. LSIOI is a small, shallow can-style station. Additionally, there is a 4" force main within the SR AlA right of way on the east side ofthe highway. The force main on the east side of SR AlA experiences low flow, particularly during the summer months. This results in stagnation that causes odor problems at the down stream manhole. To improve the flow in this force main, the CITY desires to install an interconnect under SR A 1 A near the north limits of the eastern force main. These features are shown on the attached sketch as provided by the CITY, This Task Order will be submitted as a stand-alone document. It addresses fees for Erdman Anthony of Florida, Inc., d,b.a. Crossroads Engineering & Surveying (the CONSULTANT), to supply professional services for the described design, pennitting, bid phase, construction observation and certification services, The construction documents will be prepared and pennitted in two separate sets to allow the CITY the flexibility of constructing these facilities separately. B Scope of Services for Phase I Task 1 - Analysis The CONSULTANT will investigate the existing conditions including the following: 1. Field review the site in coordination with the property owner and CITY staff Assess the structural stability of the existing lift station for its suitability should it be upgraded, 2. As an optional service, obtain a soil boring for the approximate location of the proposed lift station (LSIOI) to provide the Contractors with adequate infonnation related to the level of effort they will experience in excavating the wet wen. This service win be perfonned by CONSULTANT'S subconsultant, Dunkelberger Engineering & Testing, Inc. 3. As an optional service, obtain a soil boring for the approximate location ofthe force main interconnect and a recommendation for the jack and bore or directional bore. This service will be perfonned by CONSULTANT'S subconsultant, Dunkelberger Engi~eering & Testing, Inc. 4, Coordinate with FDOT regarding the method of installation of the force main interconnect (open cut, jack and bore, or directional bore). TASK ORDER NO.1 - Lift Station 101 Replacement and Force Main 5. Estimate the flow in the existing force mains and recommend a size and material for the interconnect 6. Estimate the flow and head conditions for the LS 1 Oland recommend a size, depth, and pump for the lift station. 7. Perfonn Utility Coordination Efforts as follows: A. Obtain documents of record, where available, related to the existing conditions including utility company record drawings, SR AlA roadway plans, SR AlA proposed improvements, right-of-way maps, and flow data for the existing LS 1 01 and LS 1 03. Review available utility plans, atlases, and maps of the area for location of existing utilities. Coordinate the proposed force main alignment with existing utility alignments to avoid conflicting routings to the extent possible, B. Perfonn site investigation activities including a field survey of the project area to verify water line, sanitary sewer, and other utilities locations and alignments are consistent with those shown on utility record drawings. Document surface details such as fences, sidewalks, walls, curbs, vegetation, sign poles, etc, to the extent that they are visible and may be materially affected by the construction ofthe proposed improvements, C. Show existing underground utilities on the Drawings based on available infonnation obtained :trom the CITY and as verified by the field review discussed above, Only those utilities located within the work area that will materially effect construction of the improvements (i.e., water or sewer mains, telephone conduits and cable, fiber optic or electrical lines ) will be shown. D. Utility locations will be verified by CONSULTANT through our sub consultant F,R. Aleman using soft-dig technology at a charge of$250 per utility, For the purposes of this proposal, it was assumed that there would be 6 utilities to be located. 8. Analyze the flows and recommend upgrade or replacement of the existing lift station. Recommend odor control measures for the lift station and down stream manholes, Task 2 - Design The CONSULTANT will provide professional engineering services to the CITY for the analysis and upgrade or replacement ofthe existing LS101 and installation of new force main interconnect within the SR AlA right-of-way. The work will include preparation of Drawings and Specifications to be used for bidding and construction. The specific scope of services to be provided by CONSULTANT in this Task Order includes the following: 1. Drawings will be provided to the CITY at the 90 and 100 percent stages of design completion. The 90 and 100 percent drawings will be provided in full-size fonnat Drawings for pennit review will be full size fonnat. 2 >---'_'_~"-=="'_""""--" ..__.....0______ ._< ~-...---".~,_.-~~---- - . ~ ~ - -- .- TASK ORDER NO.1 - Lift Station 101 Replacement and Force Main 2. The Drawings will show locations of new and existing water lines, existing sanitary sewers, and stonn water inlets, if any, Streets, driveways, and sidewalks will be outlined on the Drawings. Plan drawings will be at a scale of 1 inch equals 20 feet on 24"x36" sheets. 3. Upon completion of the 90 percent drawings, CONSULTANT will supply the CITY two (2) sets of review documents. The CONSULTANT will attend a design-review workshop with CITY personnel to receive and discuss review comments regarding the 90 percent submittal. The CITY will provide CONSULTANT with a single marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage of design deliverable. For the 90% deliverable, draft specifications will be provided. 4. The CONSULTANT will transmit the 90% submittal and signed pennits to the appropriate agencies on behalf of the CITY, 5. Upon completion of the 100% documents, CONSULTANT will supply the CITY three (3) sets of the final documents with appropriate copies of penn it applications for signature. 6, It is assumed that all of the improvements will be located within existing easements or rights-of-way. 7, The location and elevation of CITY-established horizontal and vertical control (if any) will be listed on appropriate plan sheets, 8. CITY-developed standard details applicable to the work will be incorporated into the Drawings. CONSULTANT will modify, as necessary, the CITY's standard details. 9, Specifications for the improvements are to be prepared by the CONSULTANT for bidding pmposes and the CITY will prepare the Contract Documents. These Contract Documents are to reflect the following: · Contract Documents will use the CITY's existing "Front-End" conditions modified by the CITY as appropriate for this project, The CITY will provide master technical specifications that will be modified by CONSULTANT as appropriate for the project. · The project will be prepared as one set of plans and bid documents and will be constructed as a single project, · The new force main is expected to consist of 4-inch diameter epoxy lined ductile iron pipe and fittings. · The existing LS 1 0 1 will be replaced or upgraded. · The existing LS 1 03 win be removed by the CITY. The removal of LS 103 will not be included in the plans. 3 TASK ORDER NO.1 - Lift Station 101 Replacement and Force Main 10. An opinion of probable construction cost will be prepared by CONSULTANT for the 90% and 100% drawings and specifications. The cost estimate format will be consistent with the bid proposal tabulation sheet for the project. The cost opinion will be provided to the CITY during the 90% design review and at the time the advertisement for bids is published. 11. The project drawings are expected to consist of the following sheets: Estimated Sheet Count City of Boynton Beach Sheet No. Description 1 Cover Sheet (Title & Vicinity Map) 2 General Notes, Legend, Abbreviations 3 Summary of Pay Items and Pay Item Footnotes 4 Lift Station Plan (1 "=20') 5 Force Main Plan (1 "=20') 6-8 Construction Details 9 FDOT MOT Standard Index Task 3 - Permitting The CONSULTANT will assist the CITY in obtaining Palm Beach County Public Health Department (PBCPHD) permits for the lift station replacement and force main by completing the permit application forms for CITY approvaVsignature and providing required drawings and specifications necessary to obtain the permits. Permit application forms, including drawings and specifications, for permitting through the PBCPHD will be submitted to the CITY concurrent with delivery of the 90% design documents. Permit fees will be paid directly by the CITY and are not included in the fee for this project. The CONSULTANT win also assist the CITY in obtaining a Florida Department of Transportation (FDOT) permit for the construction of force main within the road right-of-way by completing the permit application forms for CITY approvaVsignature and providing required drawings and background information, Permitting for the FDOT will be performed concurrently with issuance of the 90% design documents, Permit fees will be paid directly by the CITY and are not included in the fee for this project. Two copies of the final permitting packages (plus the number of agency required copies) will be submitted with the 90% plans for submittal to the PBCPHD and FDOT by the CITY. CONSULTANT will prepare responses for up to two (2) "requests for additional information" made by regulatory agencies following submittal ofthe permit applications. Responses required by additional agency requests for additional information will be considered an Additional Services item. If any de-watering permits are necessary to conduct the work, their acquisition will be the responsibility of the Contractor. CONSULTANT, through the CITY, will provide the Contractor with necessary site figures and data to support the permitting effort. 4 __ -.."__ .-·.........~____._~~_~....~_.....____~____,._4______· _ _, _, __~_c__,.._.__'-< .~ _,_~ _" __~u"~_...;,._ _~~_ TASK ORDER NO.1 - Lift Station 101 Replacement and Force Main Preparation of applications for other pennits for the above agencies or for other regulatory agencies beyond that specified above will be considered an Additional Services item. Such additional pennits not included in this scope of work may include, but not be limited to, wetland dredge and fin pennits, Palm Beach County right-of-way construction permits, Asbestos HandlinglDisposal notification pennits, Archeological/Historical preservation pennits, endangered species pennits, and tree removal pennits. Task 4 - Bid Phase Services Bid phase services to be perfonned by the CONSULT ANT will include the following: 1. The CITY win prepare Contract Document packages (i.e., drawings and specification) for CITY advertisement and bidding purposes. 2, The CITY will distribute copies of the Contract Documents to the prospective bidders. 3. The CITY will maintain a record of prospective bidders to whom bidding documents have been issued. 4. The CONSULTANT will respond to questions from prospective bidders and suppliers and provide technical infonnation to the CITY for addenda that will be issued by the CITY as appropriate. Technical infonnation for one addendum is assumed in the budget for Bid Phase Services. Services related to the issuance of additional addenda would be treated as Additional Services. 5. It is assumed that a pre-bid meeting wi]] not be held for these two sma]] projects, 6. Consult with the CITY concerning proposed substitute materials and equipment, detennine their acceptability and make a recommendation to the CITY, 7. Attend the bid opening, review bid tabulation, and assist the CITY in evaluating bids or proposals and in preparing and awarding contracts for construction, materials, equipment, and services, 8. Assist the CITY in preparing Contract Documents for execution by the CITY's selected Contractor, Assist in the review of Contract Documents and bonds before forwarding to the CITY for execution, Task 5 - Services During Construction The Services During Construction (SDC) phase services to be provided by the CONSULTANT include the following: 1. Review Shop Drawing and Product submittals for general confonnance with the design intent and provisions of the Contract Documents. Review of up to 8 shop drawings is included in the budget for SDC phase services, 2. Prepare agenda and conduct a pre-construction conference with selected Contractor and CITY staff and with the FDOT. Prepare and issue written minutes of meeting. 5 TASK ORDER NO.1 - Lift Station 101 Replacement and Force Main 3. Review Contractor's payment applications, detennine the amounts owed to the Contractor, and recommend payments to the Contractor in such amounts. 4. Periodically visit the site in order to observe the progress and quality of the various aspects of the Contractors' work. The following site visits are included: . Lift station: material review, site preparation, wet well installation, start-up. . Force main: material review, pipe line installation (anticipate 8 hour night-time effort), pressure test. 5. During such visits and on the basis of such observations, provide recommendations to the CITY, if appropriate, that the Contractor's work in progress be disapproved or rejected if such work will not produce a completed project that confonns to the Contract Documents. 6. Issue necessary interpretations and clarifications of the Contract Documents by issuing bulletins or responding to requests for infonnation submitted by the Contractor. 7. Evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractors. 8. Receive and review certificates of inspections, testing and approvals required by the Contract Documents. 9. Prepare and negotiate Change Orders (CO) and Field Change Directives (FCD) during the construction period. For the purpose ofthis task order, it is assumed that up to 2 CDs and 4 FCDs wi1l be prepared during the construction period, Processing of additional CDs or FCDs will be treated as Additional Services. Task 6 - Project Close-out Phase The project close-out phase services to be provided by the CONSULTANT include the following: 1. Based upon the marked-up prints, drawings, and other data furnished by the Contractor, prepare a set of reproducible record prints of drawings showing those significant changes made during the construction process. 2. In conjunction with CITY staff, make preliminary and final inspections and assist in the preparation of a Contractor "punch list" to achieve Substantial Completion, Review completion of identified punch list items to assist in the detennination that Substantial Completion has been achieved by the Contractor. Advise the CITY that Final Acceptance of the project has been reached in accordance with the Contract Documents. 3. Provide certifications to the FDOT and PBCPHD that work was completed in substantial confonnance with the Contract Documents. Review to include verification that the system was properly tested to allow a "request for release of facilities to be placed into 6 ,-~.,- _..-. ....._"".<"'-"".._-~- - . .... ;>o.~_>_ --~----->- - --~-< "'--~-- - , .. TASK ORDER NO.1 - Lift Station 101 Replacement and Force Main service" to be filed with the PBCPHD. Assist the CITY in obtaining the appropriate FDOT and PBCPHD releases for completed facilities. 4. Receive and review maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests, and approvals assembled by the Contractors in accordance with the Contract Documents. Assist CITY and Contractors in training the CITY's staff to operate and maintain the project. Assist the CITY in developing systems and procedures for control of the operation and maintenance of the project. C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Amendment and associated fee. Changes and/or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. The CITY will provide CONSULTANT an electronic version of "front end" Contract Documents in MICROSOFT WORD format. 2, Survey and acquisition of any easements (construction or permanent) for the new piping and improvements will be the responsibility of the CITY. 3. For the purposes of this proposal, it is assumed that the two projects will be bid, let and constructed simultaneously as a single project. Should they be separated, additional charges would apply, 4. Deviations from the Final Design Drawings will be compiled by the Contractor and electronically incorporated onto the drawing files, Two sets of signed and sealed RECORD drawings will then be submitted by the Contractor to the CITY. One set of RECORD drawings will then be provided to CONSULTANT for submittal to PBCPHD, 5. Attendance at public meetings or hearings associated with public involvement or with pennits applied for in support of the project is not included in the budget. 6, Construction observation hours are based on attending only the specific efforts listed with each effort anticipated at 3 hours including travel time, unless otherwise noted, Since the construction duration is outside our control and since the level of observation required could vary significantly depending on the contractor's performance on this particular project, this effort is proposed to be billed hourly. 7. The CITY is responsible for all permitting fees, including costs of public notification in local newspapers, 8. The CITY will provide CONSULTANT an electronic version of CITY standard water main and street details in AUTOCAD format. 9, The design does not include survey work for verification of horizontal and vertical alignment of existing utilities within the project area. Utility location will be developed 7 TASK ORDER NO.1 - Lift Station 101 Replacement and Force Main based upon the best information available from the owning utilities and information developed by the CITY. The design fee does not include survey work for establishing horizontal and vertical alignment of new utilities either during design or during SDC. 10. No pre-purchase of materials and/or equipment is presumed. 11. It is assumed that' the proposed lift station will include a concrete wet well, with dual submersible pumps and a valve pit based on the CITY's standard detail sheets including the electrical diagrams and control panel. 12. A single bidding effort is assumed. Re-bidding ofthe project for any reason is considered an Additional Services item. 13. Costs for SDC phase geotechnical testing to verify Contractor's compliance with Contract Documents are not included in the design fee estimate. 14, The CONSULTANT must use due care and meet a reasonable standard of skill and competence in observing the work and endeavoring to determine if the work is in accordance with the Contract Documents. The CONSULT ANT shall not be held accountable for observing every act of the Contractor and cannot guarantee performance of the Contractor. 15, The CONSULTANT shall not supervise or direct the work, nor instruct the Contractor on how to perform. The CONSULTANT is not responsible for the Contractor's means and methods or job site safety. 16, The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services item. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003 between the City of Boynton Beach and Crossroads Engineering & Surveying. E. Additional Services The following are examples of some specific Additional Services Items that may be required, but are not included within this Task Order. Generally, a condition contrary to the work description in Section B or assumptions of Section C (upon which the design fee is based) is considered an Additional Services item. Examples include: 1. Additional supervision or construction observation in excess of that specified in this Amendment. 2. Additional permitting assistance in excess of that identified in this Amendment. 8 . _._-~--- j _~_;o"",,,",,__.y-~_._. --'>"--~~~ ~--,~. ~- TASK ORDER NO.1 - Lift Station 101 Replacement and Force Main 3. Construction phase services are based on the estimated construction period from the time of the Contractor mobiJization to final inspection. If the period of construction is extended, additional time and expenses will be necessary. 4. Assisting the CITY in the settlement of construction contract claims, 5. Field verification (horizontal or vertical) of existing utilities identified as being within the immediate area of the proposed improvements. 6. Additional regulatory agency responses beyond the second response to an agency request for additional information, 7. Development of property descriptions of easements, road right-of-ways, etc, Preparation of right-of-way or easement boundary surveys. 8. Threatened or endangered species and species of special concern permitting or relocation work. 9. ArcheologicaVHistorical preservation permits, studies, or reports. 10. Surveying, flagging, or other work necessary to secure tree removal permits from the City, County, or other jurisdictions. 11. Design modifications to the Construction Contract Documents (i.e" change orders) required during construction. These and other services can be provided, if desired by the CITY, under separate Task Order{s) or by an amendment to this Task Order, Services performed will be on an as-directed basis in accordance with a written Notice to Proceed from the CITY. F. Obligations of the CITY 1. The CITY shall provide the CONSULTANT in a timely manner, record data and information related to the sewer system, water distribution system and streets within the project as necessary for all the performance of services specified herein, 2. The CITY shall review all drawings and other documents presented by CONSULTANT and obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of CONSULTANT, 3. With assistance by CONSULTANT, as described herein, the CITY, as applicant shall obtain approvals and permits from all governmental authorities having jurisdiction over the project, The CITY is responsible for the payment of all permit application fees. G. Compensation In accordance with the above mentioned Agreement, compensation by the CITY to the CONSULTANT for Task I-Analysis, and Task 2-Design will be on a lump sum basis and compensation for Task 3-Permitting, Task 4- Bidding, Task 5-Construction, and Task 6-Project 9 TASK ORDER NO.1 - Lift Station 101 Replacement and Force Main Closeout will be on a time and materials basis for the amount of work actually required by the project. The estimated time and compensation for the services described in this Task Order is as shown in Exhibits A and B attached. H. Schedule The CONSULTANT will commence design and pennitting services upon receipt of written authorization and will complete all work associated with this Task Order in accordance with the attached schedule shown on Exhibit C. K:\Business-Development\Proposals\City of Boynton Beach\2 Year gen.consult.contract\LS IOI\LS101 Proposal.doc 10 --~_.,,-~, ...,~-;---...~ _n'.'__ ,,_....___-.....~_~_ _ ~___>..._-~___.____~.~_<o.___.. . .--"..-.--=- ""'--~----~--...... _ ooooooo~o 000;0 O~o 0000000;0 000000000;0 000;00 ~ 000000000 00000 000 0000000 0 000000000 0 000000 0-0 oooroooooo~ OOÓ~~O ~o~ ooo~oocio~ ~O~ŒW~OO~Oœ ooooom~ ro~~~ooø 0 ~~OOO 00000 ~~~~~~~~~ Wø~~~~~~~~~ ~roro~~~ ~ ~~~~~~ ~~~~~ ~~~ ~ ~~~~ ~~~~~~~~~~~ ~~:~~~ w w OO~ 00 00 ~ W ~ W 00 ~ ~~ " 0 0 §5 ~ ~ ~ œ>- LO CO CO a... 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D~~~_~ _I; - ~ ~ :;:; = = «) ~ ~ ~ - .- (J _ > lit > = > >'C - II) > > > CD > ~ b.i :? :~.coo.a ft)Ø);co æt!::::~eo :CDDO :e~~Q)OCD:::Q)O :CD G)Q)O~Q)G)Q)Q)Õ :xl!::: G)O ~ œ~ OWW~c;(E mo..~o..o..E mo..lLD mo..O~~I~C;(OCE ~~o~o.. .(/)~~~~E mä<O"~Em C Õ æ~Ñ~~~ø~ro~ f~N~~~ æ~Ñ~ ~~NM~~Ø~W~ O"~N~~~~w~wœø &~NM~~~ !ADS ...,....... . ....,....... n Erdman Anthony Company 1402 Royal Palm Beach Blvd" Bldg, 500 Project Name: Lift Station 101 and Force Main Royal Palm Beach. Rorida 33411 location: SR A1A. Briney Breezes phone: 561-753-9723 fax: 561-753-9724 Dale: 7-Jul-04 EXHIBIT B - PRICE PROPOSAL BASIC SERVICES: DESIGN SERVICES olal Activity Salary Cost $27,233.00 Expenses $427.00 Optional Services $4.000,00 OTAL AMOUNT $31,660.00 Exoenses Submittal: Size No. of Sets Sheets per Set Total Units Cost per unit Total Cost Corresoondance 8,5"x11" 1 n/a 100 $0.10 $10.00 Plans 24"x36" 20 8 160 $1.50 $240.00 Plans 11"x17" 20 8 160 $0.20 $32.00 Mvlars for submittal 24"x36" 1 8 8 $5.00 $40.00 Overniaht ShiDDina or local deliverv nla nIa n/a 7 $15.00 $105.00 otal $427,00 Ootional ServICes Descriotion Cost Geotechnical Investigation $2,500.00 Subsurface Utility locations $1,500.00 otal $4.000.00 --- _..~,~~.- ...-.. "-. ... -, ,-.--".,~- .-_.-....---, ' ,."- ->,,-~_.~.--~--'".~ ' . _~_. 0"'_.'-. _. ~ .__._ ...-~~~ Lift Station 101 and Force Main SR A1A, Briney Breezes EXHIBIT C PROJECT WORK SCHEDULE Estimated Estimated Completion Description Duration Start Date Date Phase 1 -Analysis Notice to Proceed o weeks 8/1/2004 8/1/2004 Research and site visit 1 weeks 8/1/2004 8/8/2004 Analyze Flows 1 weeks 8/8/2004 8/15/2004 Phase 2-Design and Plans Preparation 90% plans and permits 3 weeks 8/15/2004 9/5/2004 specs and cost estimates 2 weeks 8/15/2004 8/29/2004 100% plans. specs and costs 1 weeks 11/7/2004 11/14/2004 Phase 3-Permitting Submit to PBCPHD 1 weeks 9/5/2004 9/12/2004 Receive RFI 4 weeks 9/12/2004 10/10/2004 Respond to RFI 2 weeks 10/10/2004 10/24/2004 Receive permit 2 weeks 10/24/2004 1117/2004 Submit to FDOT 1 weeks 9/5/2004 9/12/2004 Receive RFI 4 weeks 9/12/2004 10/10/2004 Respond to RFI 2 weeks 10/10/2004 10/24/2004 Receive permit 2 weeks 10/24/2004 1117/2004 Phase 4-Bidding Prepare bid packages 2 weeks 11/7/2004 11/21/2004 Issue bid packages 1 weeks 1/1/2005 1/812005 Bid opening 4 weeks 1/812005 2/512005 Award contract 2 weeks 2/5/2005 2/19/2005 Phase 5-Construction Receive and review shop drawings 4 weeks 2/19/2005 3/19/2005 Pre work meetings 2 weeks 3/19/2005 4/2/2005 Construction 6 weeks 4/2/2005 5/14/2005 Phase 6-Project Close Out Prepare record drawings 1 weeks 5/14/2005 5/21/2005 Submit certifications 1 weeks 5/21/2005 5/28/2005 Pre-tinal inspection 1 weeks 5/21/2005 5/28/2005 Review O&M manual 1 weeks 5/21/2005 5/28/2005 Final inspection 1 weeks 5/28/2005 6/4/2005 APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of ,2004 SUBMITTED BY: ERDMAN ANTHONY OF FLORIDA me. d/b/a CROSSROADS ENGINEERING & SURVEYING By: Approved as to Form: Attest! Authenticated: Office of the City Attorney Secretary ~ -_~_-",,-,,"._<~¥___~ '._~~~__'~__~~~~~,.........-..-..__...o~ ._... _.......... "",",""'._" __~._____ . - ~__ ___.______...___n.__.. _____._·<Ov _____.-_ . _>_~; _~ .. , . I . . . " '''.'' fj.- f '>- l' ., ~. ' f ~ ;: ~ . ' liliiii I ~ ~. ,^ ~ . ,.. .... :'.- ... l,l~ ~ I -' f,;~ , . [,'- - . . .' . ,'. .s.. . .. .1 .' ... .. \~~ ... ,£ ..... I -. WI ;~,_ çJ..'- . 1 . .........1'. . -'- - -'- '";';4 , . ~ ~ . . . . . ~.. ~. \ .. c-~:; ':~'. ,.__a, '.' "J' _. ..,.,..,..... ..' ",' l - . ._-~---~^,...,. .' ,.,.,"" . ~---' . .. fj¡; VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.3 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4,2004 [8J September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 0 o November 16, 2004 n September 21,2004 (Noon) September 7, 2004 (Noon) November 1,20040 ("')4 ~-< ,..... ~(C) (= "''1 0 0 Ç) Administrative Development Plans - i-C:} ;:;8 NATURE OF [8J Consent Agenda 0 New Business \.D ::"2 -< -~-.... ....., AGENDA ITEM ~ - 0 Public Hearing 0 Legal {j) -f 0 0 Bids 0 Unfinished Business Lt) Sz -;';0) 0 Announcement 0 Presentation - -rrI 0):> m fT1n 0 City Manager's Report :r: RECOMMENDATION: Motion to approve an authorization to execute by Resolution, Amendment No, J to Task Order No, U04-03~OJ in the amount of $110,800 to Brown and Caldwell, Inc. for conducting an analysis of the Utilities Department to assess its current organizational structure and processes, in an effort to ensure that it is aligned with the broader City organization, meets level of service and expectations from customers, and supports the professional growth and development of staff. EXPLANA TION: The City's Utilities Department serves over 90,000 people within its service area. Rapid development and redevelopment of properties within the Utility's services area will place higher demands on the Department's staff and procedures, in order to maintain customer satisfaction. The City has determined that it would be in the best interest of the customers and the Department to have an organization that compares favorably to others that have adopted national best management practices. Toward this end, the City has requested that Brown and Caldwell's Business Consulting Practices (BCP) representatives conduct an in-depth review of Utilities Department organization, staff and practices, and develop recommendations to maximize operational efficiency and customer satisfaction. PROGRAM IMPACT: Amendment No, J to Task Order No U04-03-0J consists of nine (9) sub-tasks: . Sub-task I - Document Collection and Review · Sub-task 2 - Project Kick-off Meeting · Sub-task 3 - On-site Interviews · Sub-task 4 - Project Status Briefing · Sub~task 5 - Project Workshop · Sub-task 6 - Utilities Staff Briefing · Sub-task 7 - Report · Sub-task 8 - City Commission Presentation (Optional) S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, A UTHORIZJNG EXECUTION OF TASK 5 ORDER NO. U04-03-01 TO BROWN AND CALDWELL 6 IN THE AMOUNT OF $110,000, FOR CONDUCTJNG AN 7 ANALYSIS OF THE UTILITIES DEPARTMENT TO 8 ASSESS ITS CURRENT ORGANIZATIONAL 9 STRUCTURE AND PROCESSES; AND PROVIDJNG AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the City's Utility department serves over 90,000 people within its 14 service area, and rapid development and redevelopment of properties within this service 15 area will place higher demands on the Department staff and procedures, to properly 16 maintain customer satisfaction; and 17 WHEREAS, City staff has determined that it would be in the best interests of the 18 customers and the Department to have an organization that compares favorably to others 19 that have adopted national best management practices, and toward this end, the City has 20 requested that Brown and Caldwell's Business Consulting Practices (BCP) representatives 21 conduct an in-depth review of the Utilities Department organization, staff and practices, and 22 develop recommendations to maximize operational efficiency and customer satisfaction in 23 this situation has also resulted in a need to deliver improved fire flows to areas where multi- 24 story buildings are planned or currently under construction, which concerns have made it 25 necessary for the Utilities Department to re-evaluate its infrastructure and its ability to meet 26 its commitments to its customers, now and in the future; and 27 WHEREAS, the City Commission, upon staff's recommendation, has deemed it 28 appropriate and in the best interests of the public to approve Task Order No.U04-03-01 to 29 Brown and Caldwell to provide for an analysis of the Utilities department to assess its S:ICAIRESOlAgreementslTask - Change OrderslBrown and Caldwell- U04-o3-01.doc Amendment No.1 To Task Order No.1 - U04-03-01 Organization Assessment of The Boynton Beach Utilities Department A. BACKGROUND Numerous employees of the City of Boynton Beach with many years of experience have retired in the recent past, or are scheduled to retire in the near future. The Utilities Department is impacted by these retirements in that the last Department Director retired almost two years ago and two Assistant Directors have retired this year. This has resulted in a loss of institutional knowledge, covering decades of experience in the City, as well as several unfilled positions throughout the Department. The City's Administration will not approach this situation as a crisis of lost institutional knowledge, but as an opportunity for progress, The purpose of this assessment is to identify a business model and organizational structure for the Department that ensures alignment with the broader City organization, meets the level of service expectations of customers and supports the professional growth and development of staff. This model and structure will be based on best practices from other high performing utilities, tailored to fit the unique needs of Boynton Beach, In pursuit of this goal, the City has requested that Brown and Caldwell's Business Consulting Practices (BCP) representatives lead an effort to assess the current Utilities Department structure, processes and organization, and compare these with other municipal utilities across the United States. This effort will include identifying national Best Management Practices for Utilities and exploring opportunities for their application to the Boynton Beach Utilities Department. These services were approved by the City Commission and are described in Brown and Caldwell's Task Order No. I, titled: "Water and Wastewater Utility Management Services", dated May 18,2004. The first service described under Task 3 - "Utility Personnel Administration" states: "Review the existing organizational structure of the Utilities Department and provide recommendations to the City Manager regarding opportunities for improvement." Furthermore, the fourth item under Task 3 states: "Perfonn a functional analysis of Utility Department personnel and material resources to evaluate operational efficiency." C:Documents and Settings/gomeznlMy Documents/Amendment #1 - Task Order 1 1 Task 4 - Project Status Briefin2 B&C will conduct a Project Status Briefing with the City Manager and the Project Steering Committee to present the preliminary results ofthe "On-site Interviews". This meeting will be used to validate the findings from the interview process and to reaffirm consensus on the final product(s) for this project. The Deliverable for this Task will be a summary of the discussion during the Briefing. Task 5 - Project Workshop B&C will conduct a Workshop with the City Manager and the Project Steering Committee to review various organizational models and processes used by other utilities in developing an aligned utilities organization. The purpose of this Workshop will be to provide and preview options for Boynton Beach, and to eliminate models and processes that are not aligned with the City's objectives. The Deliverable ofthis Task will be a summary of the conclusions arrived at during the Workshop. Task 6 - Utilities Staff Briefin!! B&C will conduct a Project Briefing for Utilities Staff and front line Supervisors, including collective bargaining unit representatives (Union Stewards), to present the organizational options selected during the Task 5 Project Workshop. The Deliverable for this Task will be a summary of discussion items during the Briefing. Task 7 -Report B&C project staffwill generate a Draft Report that will highlight the findings of the On- site Interviews, Utilities Staff Briefing and the options for organizational alignment. Said report will be submitted to the City Manager and Steering Committee for their review and comment, The Draft Report will then be revised to accommodate the review comments and will be finalized. The Deliverables for this Task will be a Draft and a Final Project Report. C:Documents and Settings/gomeznlMy Documents/Amendment #1 - Task Order I 3 G. COMPENSATION The budgets for each Sub-task and corresponding percent value are as follows: Task I - Document Collection and Review $ 4,746 (4%) Task 2 - Project Kick-off Meeting $ 8,235 (7%) Task 3 - On-site Interviews $23,957 (22%) Task 4 - Project Status Briefing $13,101 (12%) Task 5 - Project Workshop $21,336 (19%) Task 6 - Utilities Staff Briefing $ 5,241 (5%) Task 7 - Report $23,582 (21%) Task 8 - City Commission Presentation (Optional) $ 5,989 (5%) Task 9 - Project Closeout Mtg. with Utilities Dept. (Optional) $ 5,241 (5%) Total Fees = $110,800 Compensation for services rendered under this Amendment No.1 to Task Order No.1 will be based on a Lump Sum Fee of$110,800 (including the "optional" tasks 8 and 9). Therefore, it is requested that the originally approved budget of$128,000 be increased to $238,800 in order to fund this amendment, Monthly invoices will be based on "percent complete", in accordance with individual sub-task values listed in this section. H. SCHEDULE It is anticipated that this effort will be concluded within ninety (90) days (excluding the "optional" tasks 8 and 9) after receipt of a Notice to Proceed (NTP). Individual Tasks will be completed within the stated number of days following the NTP as follows: Task 1 - Document Collection and Review 15 days Task 2 - Project Kick-off Meeting 30 days Task 3 - On-site Interviews 35 days Task 4 - Project Status Briefing 45 days Task 5 - Project Workshop 60 days Task 6 - Utilities Staff Briefing 70 days Task 7 - Report 90 days Task 8 - City Commission Presentation (Optional) 120 days Task 9 - Project Close-out Mtg. with Utilities Dept. (Optional) 125 days C:Documents and Settings/gomern/My Documents/Amendment #1 - Task Order I 5 -0- 80 -:!~- ~~ ';:ê"';:J ~ó ~-;",,- -,...... 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"'0 2 ;z~ë ~ it it&. ~ ~ 7f ~ o ;¡ ¡ I: ã:ã Q. ~ ~ i<' § ~ ~~:: ~ ....~J! 6¿ J; Q ~o;=-~ ~ _ ;..;¡-< ::; gu ì: gõ.: ~ Qj)'B,a ~ = o v " '<; R" ,,-- " .- :>, - Ii ~ 1! = .... ,0 <! ,1: -E V) :f -2' -€ ii :!j¡ e. :¡¡ c: is ê> -= r-c; {,oJ =C~íiWo..< I!" ;>coræ.....õo i; 2 O:J3 ~ ~Bë~üŠSo' l! e.~/1g-~ i1õ; 8 ;.. ~ " .. -;¡ -~ u ~ -= -- -- E - ~ -0 :a -g J! E ..Q !:: e ~ .t ~ J:õ ¡¡: £ Ji Ji ~;5 ~ .3 ð C æ ~ ~ ~ v=o VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned.!!! Meetin~ Dates in to City Clerk's Office Meetin~ Dates to City Clerk's Office o August 3, 2004 (Noon,) July 19,2004 o October 5, 2004 (Noon)S~em~20,2004 o August 17,2004 o October 19,2004 ("") (Noon) August 2, 2004 (Noon) Octo~ 4,2004 ç"'):=:t º ~-< [8J September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon)Octo~18,2~ -(0 (Î-r1 G> ,CO o Septem~ 21,2004 (Noon) September 7, 2004 o Novem~ 16,2004 (Noon)Novem~ 1,2~ çc 1 c:> ',-0-< ~:zo: ;po <./;-1 0 :> c::::. 0 Administrative 0 Development Plans - -r¡ C? -tiCO ..:- rn NATURE OF [8J Consent Agenda 0 New Business c.J\ O:Þ Cf\ ¡-t¡ ('"") AGENDA ITEM 0 Public Hearing 0 Legal ::t: 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with John A. Ranyak for tbe property at 1216 Higbland Rd, Lake Wortb, Florida (Ridge Grove LTS 91 & 92). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by tbe City to serve this property. FISCAL IMPACT: None AL ~ City Manager's Signature Department Name City Attorney I Finance I Human Resources XC: DaJe Sugerman (wi copy of attachments) Peter Mazzella .. Michael Rumpf, Planning & Zoning .. Anthony Penn '" File ,. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 PASSED AND ADOPTED this _ day of September, 2004. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 23 City Clerk 24 25 S:\CA\RESO\Agreements\Water Service\Ranyak Water Service Agreement.doc applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City, 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended rrom the City Water Distribution System to and including the metered service to Customer shan be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay an charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed rrom time to tim"e. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City, 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and , advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will . '-.~ ... . infonn any and all assigns or purchasers of any or part of this property of this covenant and of the, . . , irrevocable special power of attorney, but Customer's failure to provide such notice shan not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 41:~:;¿ Jtf4 tff'&uel -r /Ú-ff/e.- L6RENA- ~, 'RAtJYI\-\<- Printed Witness Name Printed Owner Name ~ Witness Signature M)kC-b\.. A-Nc:..R..~ Printed Witness Name . FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ~ÐI..H..} ,þ\.RANY~kf LDRI?r-t^ f::. RA#Y~ ' " to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; tha the individual was personally known to me or provided the " following proof of identification: e "(Slf/1A'/1 n fi Wn .. WITNESS, my hand,~Q~ial seal in the County and State last aforesaid this I J~ day of ~ 'W")1Vh , ~ s-r ...~V~~W .Ul' ~ .....Œ. '~\~S¡ONf:t' .J-.('..., __~"a> "^" ~ç ~ (Notary Seal) ..t:e: ",u '\t, ';" "", <J' ~" ' -;:; ,",' - _,: ApñI22,2,;;"3 :*_ ~_ .. -+",...- ç, ~- .. ~.~'!>. #003055:5 /."£j': Notary Public .. ~. -<;., ~\"i" ,,">. <;:>.. , -9'-9' ."'-Irt_ ~ · ~....... ~ " ~ pti · ., ~ <)\ ~ #, ~.Sttii.. '" 0 WITNESS: ' , I I , . CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk 4 , THIS INSTRUMENT PREPARED BY: James,A. Cherof. Esquire Jos/as & Gorèn, P.A. 3099 East Commercial Blvd. Stite 200 Fl Lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF :PAL tv. ßef\-C..t+ I/We, JðI-tt-t ~,~NYAK t toR EN A (~ÑY^K, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA. true and laWful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on, behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH - full and complete authority to act on Grantee's behalf to accomplish annexation by any t available means. The real property which is the subject of this power is described as follows: , 00- 4-3-l.fS; -0'1- 08 - CXX!J- 0<=]10 . The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, >-, .¡]v- FLORIDA, shall commence and be in full force and effect on the I / day of A'3us'1 , 2G2.t. and the powers and authority shall be irrevocable by Grantee. Palm Beach County Property Appraiser Property Search System Page 1 of 2 ~~;!I.7' ,t~JJ,~J0'~lriãh,~t~}¡; PpbHc Aù<;¡¡SS Si'S!j!F1 '?:;<"""<¥f,,,':~"J« ~, '0.('¡.{; t"*'\'<~ ,t.,.,..,.¡ L"f7 r 1 r:'"' ':;. l r f, . ~~~"'lfþ?&~:¡¡r~if;;~;¡¡;1lliœ¡¡;®,¡â'm, : >:: .-, "" " , ~..¡....!2.;:.!ll!i...",~Æiá..,~~it.~$Æ<..Noèi?,"1%~~ :i?_"-",, , ",,_»= ,,' _ 7.~~ , Property Information Location Address: 1216 HIGHLAND RD (.r~,~..,;~y.,l Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-08-000-0910 Subdivision: RIDGE GROVE IN Official Records Book: 09816 Page: 1551 Sale Date: May-1997 Legal Description: RIDGE GROVE LTS 91 &. 92 Owner Information Name: RANYAKJOHNA&. _~_ Mailing Address: 3301 QUAIL CLOSE POMPANO BEACH FL 33064 2038 Sales Information Sales Date Book Page Price Sale T~ Owner l~"i~lîirll/~~"''''-M-''^1 May-1997 09816 1551 $65,000 WARRANTY DEED Sep-1989 06199 0392 $59.000 WARRANTY DEED Mar-1986 04833 0201 $63,000 WARRANTY DEED [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: 2001 Tax Year 2003 Improvement Value: $47 894 Number of Units: 1 Land Value: $16100 *Total Square Feet: 1767 Total Market Value: $63 994 Use Code: 0800 Description: MULTIFAMILY < 10 UNITS * in residential properties may indicate living area, Tax Year: Exe~S:t~:~e:::~~~~ ~ Taxable Value: Tax Values Ad ~:~o:::~ ~ Non AdT~:~~r;:~ ~) .......[..~-II- ~,=~=,I Record Search I Information I Exemptions I Community I Employment r New Home Buver I Office Locations Value Adjustment Board I Save Our Homes I Senior Corner J Disclaimer Home I Links I Glossary I ~ I Forms I Contact Us I PAPA http://www.co.palm-beachJ1.us/papal aspx/web/ detail_info . aspx ?p _ entity=0043450908000... 8/12/2004 VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill Meeting Dates in to City Clerk'8 Office Meeting Dates to City Clerk' 8 Office o August 3, 2004 (Noon,) July 19,2004 o October 5, 2004 (Noon)S~~ber20,2004 o August] 7, 2004 o October] 9,2004 C? (Noon) August 2, 2004 (Noon) October 4,2004 l:> :::4 <2 ~-< t8J Sept~ber 7, 2004 (Noon) August ]6,2004 o Nov~ber 3,2004 (Noon) October ]8, 2~ -<0 <.-- (Î-r1 G"> ¡CO o Sept~ber 2],2004 (Noon) Sept~ber 7, 2004 o Nov~ber 16,2004 (Noon) November], 200S r" 0 ..,.;:)-< .~- r ~c..- -~ ? ¡PO ~ C:.::. 0 Administrative 0 Development Plans 9 ~cP ..:.- rT1 NATURE OF I2?J Consent Agenda 0 New Business c1\ <>þ (J\ r....C") AGENDA ITEM 0 Public Hearing 0 Legal ::r: 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA nON: Motion to approve and authorize signing of an Agreement for Water Servi~e Outside the City Limits with John A. Ranyak for the property at 1216 Highland Rd, Lake Worth, Florida (Ridge Grove LTS 91 & 92). EXPLANATION: The par~el ~overed by this agreement in~ludes a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for ~onnection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMP ACT: None AL ~ City Manager's Signature Department Name City Attorney I Finance I Human Resources XC: Dale Sugerman (wi copy ofattachments) Peter Mazzella " Michael Rumpf, Planning & Zoning " Anthony Penn " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC · . 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LllvlITS AND COVENANT 7 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON 8 BEACH AND JOHN A. RANY AK AND LORENA E. 9 RANY AK; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 1216 Highland Road, Lake Worth, Florida (Ridge 15 Grove LTS 91 & 92); and 16 \VHEREAS, the parcel covered by this agreement includes a single-family home 17 located in the San CastlelRidge Grove project area; and 18 WHEREAS, a water distribution main has recently been completed on this street, 19 allowing for the service to this parcel. No additional construction will be required by the City 20 to serve this property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COl\1MISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Manager is hereby authorized and directed to execute a Water 27 Service Agreement between the City of Boyllton Beach, Florida and John A. Ranyak and 28 Lorena E. Ranyak, which Agreement is attached hereto as Exhibit "A". 29 30 Section 3. This Resolution shall become effective immediately upon passage. S:\CA \RESO\Agreements\ Water Service\Ranyak Water Service Agreement.doc "'--~-~--~~-"'~"""-'- - ---~~---~-' - ,'---......". --~-.----._--~".?-. - .. 1 PASSED AND ADOPTED this _ day of September, 2004. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 23 City Clerk 24 25 S:\CA\RESO\Agreements\Water Service\Ranyak Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this day of ,200-, by and between 0ð1-tÞ-\ ~¡f ).....ð~E.Ñ~ f. M.. f^" J hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, am mClpal corporatIOn of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for an<i in consideration of the privilege of receiving water service :trom , the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service :trom its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are 4· 0 Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations 1 ,_ _.~._ _. ~__o¥_.<_", _" ~ "~~,_..o_--,-",_;._>_~~. _ _ _______~_~._~_~->_._"' _.~t-> .....~...."'~-,£ .. '. ,~~.-- ~- applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to confonn the lines or the City may have the work perfonned on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof, In the event the City has such work perfonned, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shaH be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended fÌ"om the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed fÌ"om time to tim·e. 7. Any rights-of-way or easements necessary to accommodate the connections shaH be provided by the Customer to the City, 8. The Customer shaH, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalfofthe Customer a voluntary petition for annexation, Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated, The property shaH be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will '.~ ". . infonn any and all assigns or purchasers of any or part of this property of this covenant and of the, irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein, The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shaH in no way impair the power of attorney nor constitute a diminution or lack of consideration, , ' 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impainnent or tennination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations orrequirements ofIocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impainnent or tennination of water service dueto acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold hannless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) fÌom and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting fÌom the Customer's obligation under or perfonnance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. pJ ~~SS WHE~~!t the parties hereto have set their.hands and seals this ~ day of WITNESS: IVIDUAL(S) S OWNER(S): !;:::;;;leJ4M RA~t(e) I. .-¡ u/II (¿ TOH-tJ A, K/J..t-J1 h\<--- ~e Printed Owner Name . i~~s Signature f\O~Ct)L ~ ,..t f) ~~~ Printed Witness Name 3 "~~-.-.,-----_. ---....-----. -~-,~_.--.< -'-0-<--, ~-._-~..-~>--- -..---. ,-~,- >~. '~:dJ<~ IftliueJ -r /ÚIPL L6RENA- ~. RAtJYJ\-\<- Printed Witness Name Printed Owner Name ~ Witness Signature M)kCb~ A-Nða..~ Printed Witness Name I FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ~t>I-HJ ,~. RANYA;k? LORt2'ti^ ~. RA~Y¡w:..., . to me known to be the person( s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; tha the individual was personally known to me or provided the following proof of identification: e yS{f}?¡:¡·/1 J? ~. Wn ' WITNESS my hand,apd(t~ial seal ih the County and State last aforesaid this J J~ day of ~ 'ý)1W\ " s'Í ,~v~~w .1.1"', ... .. Œ. . ~\~SIOt\ll:' . . ~ ., (Notary Seal) :tl·:¿p~. """-.:.~~. ~'J' J4A... ' - ~ ?,-.., . ~."¡j\ 22, ~!J"O . .¡"... - 0 \"" . 1"'- _ - _* _+J>.""'- 0, ~... - i.~'!.. #00305555/."&: Notary Public -_~. .-<;',;,.~""~')'ti. '';::I!o, ,"7-9,,' ~_ ...c,,:... , { ftlÎi1c~ s1~ ~\ ~" WITNESS: ' , I Ii· CITY OF BOYNTON BEACH, FLORIDA Mayor A TIEST: City Clerk 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to fonn: City Attorney ~' 5 .. ____. __>~ _d _...~.....,~~.. ~ ....... -'-- ~ - ".- - . .-_~~~ ,,__>"'._~~_. 0<- -;- .,._ ._-....-...._~.,,~.r:_..........~__ ~~-1'.'> __0""'__""" > THIS INSTRUMENT PREPARED BY: James A. Cherof, esquire JosIas & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Fl Lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF +> AL /VI \3t3'I'&..t+ I/We, JOHt1 ~,'RJ.,NYAK t tDRENi\ E ~tJy"K, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA. true and laWful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH - full and complete authority to act on Grantee's behalf to accomplish annexation by any , available means. The real property which is the subject of this power is described as follows: . 00- Lf3-QS- -04 - 08 - CXX!J- O<=J 10 . The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, >-' II-rv -, FLORIDA, shall commence and be in full force and effect on the day of A'ójus'1 . 2~ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the 11'f'-- day of A'0 L{s1' , in the yeartwo thousand and firu.-IL Sealed and delivered in the presence of ~::!.~ i2ltf>µe) ~ -rull/L .J ð H-N A. R~N1l'--\<- Prin~=-- Printed'Owner Name Witness Signature ~"<'ÛL 0- tJ'f) Rtk fJ.>{ Printed Witness Name lCù~ J J-Jik Witn# Signature I ;(A-&ue! /. -r uftI t'..- 1.. ð'j-¿, EN A f;. RA N '( f1"K- Printed Witness Name Printed Owner Name ~,~ Witness Signature f"\ \ \C Cò L- A,J- 't>(\.;e w.$ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) fI~ THE FOREGOING INSTRUMENT was aCknO~ledged before me this /1 day of !j;;Jt<£.t ,20.0f, by ..:JbhrJ A ,f} AlY 111< and Lf>fle-.p £. ¡(/=J~I/fi-ø ' who are known to me or who have produced f-e1'SO'>'l A- 1/7 J~'Ôro ~'" ,as identification and who did/did nottake an oath. 0.'0. . . '. 0,.., J ' . ~.. ~\I.\&SION~' .>:.... ... ... . cP . ~ e -~- . - - ~ ... . ...lr. .," . ~ ~ .(-_~ :*: ~ April?? ~::,:\ ", ~':~ RY PUB~ ff! - . ~ -...."':'",- " j«"" o..uel I. ---¡¡¿ -t: -~"I~- _ ..jt'-~.}3:,'::~:·;j .f~.~.... . ......'.~--...,,',\;,,'S-(;;;"$.... Type or Print Name ··II¡':~' . ~.~~ <\," Commission No,þ D 3/J 555S- My Commission Eli .. ~ rg POA.IND AfYl' L ;;);;;J.. ~-_."--"--"""'----«--._'>--' c, __~_~."__.~_",~._~_~~_._,_ - ___ .---~=-----~-,~-~-~-~->-.~-.-.-,-- . <-----~..... , --.~> ,- -< -.- , Palm Beach County Property Appraiser Property Search System Page 1 of2 _"Ii?~,~~~¡1'~TtIl'~ffNiíã~r'W Publìü ÂCCQ$B $y"',,m ~;,~~';.;;~~":'7;:: (,~ ~r"J~'" '~>'" ~ ~ >- < , "~/.f-"?j 'i,;t:ê~ ,,~ò ~> ~r: :r f Or; {: Ç" ;'~. ~ « ~ '}, ~,~ ~t--.,-^, ifw ^ í!j¡'h ^"}I;¡j,,...,>,: ;<" '"' < 1'.iI~ii§$,AiB",~~~"',-, _h,>y-;- ~ "",;<-~-.,.,' ~ ~ ~ ,,:'_h ~, , Property Information Location Address: 1216 HIGHLAND RD ~~~~1 Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-08-000-0910 Subdivision: RIDGE GROVE IN Official Records Book: 09816 Page: 1551 Sale Date: May-1997 Legal Description: RIDGE GROVE LTS 91 & 92 Owner Information Name: RANYAK JOHN A & ~~I Mailing Address: 3301 QUAIL CLOSE POMPANO BEACH FL 33064 2038 Sales Information Sales Date Book Page Price Sale Tvpe Owner May-1997 09816 1551 $65,000 WARRANTY DEED Sep-1989 06199 0392 $59,000 WARRANTY DEED Mar-1986 04833 0201 $63,000 WARRANTY DEED [ Exemptions I Exemption Information Unavailable. Appraisals Tax Year: 2003 2002 2001 Tax Year 2003 Improvement Value: $71 525 59,071 $47 894 Number of Units: 1 Land Value: $16.250 13.000 $16 100 *Total Square Feet: 1767 Total Market Value: $87.775 72.071 $63 994 Use Code: 0800 Description: MULTIFAMILY < 10 UNITS * In residential properties may indicate living area, Tax Year: Exe~S:t~:~e:::~~~~ ~ Taxable Value: Tax Values Tax Year: ~......,......."....;.¡.¡.-.....,. . , Ad Valorem: Non AdT~:~~';a:~ ~,."'~, ~ IItr-tùiîBDMjric,,""' ~~yv""'J Record Search I Information I Exemptions I Community I Emplovment I New Home Buver I Office Locations Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer Home I Links I Glossary I E8Q I Forms I Contact Us I PAPA http://www.co.palm-beach.fl.us/papaJaspx/web/detail_info.aspx?p _ entity=0043450908000... 8/1212004 An Owner Page I ot I All Owner(s) PCN Number: 00-43-45-09-08-000-0910 Owner Names RANYAK JOHN A Be. 1""'h.~~"",,,,,c"j~,o·"~"'·1 ';~ú<'Y~"""''''i_1 http://www.co.palm-beach.f1.uslpapa/aspx/web/allOwner,aspx?entity ~id=00434509080000... 8/13/2004 _ n__~_~~'"~_~''''~~''.''_~4E__' . -~-",~-._---,,"-+. ---.,~.-.._----~-.~.- - ,,--, ~ .. . . 0 1890 1900 1920 1930 1950 ~960 970 .9811 19911 )0011 2010 ~031J 20· . 1 in. = 114.9 feet Bß .. RO 1860 1850 1840 ~830 8211 810 1791 1780 .770 760 175( 174(1 1730 1211 1110 1690 ~81CJ þ861J )85~ )84~ 0821 0810 0191 0171 0160 ~75CJ 0730 )72~ 0710 )1011 J 6911 121 ~ iighl an I Rd · ..,..LlI 6JtD.. RD t88( 0890 0930 0950 0980 0991 .01( 10211 1030 41() 042 1210 120C 1180 1160 1141 1130 12(1 1100 0911 1061 1050 ~4011 ~39() . S .~¡:: R[) 1220 .24( 1250 1261 1280 1300 1311 34( 3511 1360 ~ t16( 0170 ~ ca: z i !IJ -~ ij 1550 1510 1490 1390 » 15( 0130 ~o I ... . ....... R n e. .MIl , . . 0010 0180 02E ~O 0010 0020 0170 03t I Location Map - Exhibit nAn 1W r . \ - "Jf VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CilV Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 (J [8] September 7, 2004 o November 3, 2004 a o:::¡ (Noon) August 16,2004 (Noon) October 18, 2004":-- :::¡-< :r- c:: -<0 o September 21, 2004 (Noon) September 7, 2004 o November 16. 2004 (Noon) November I, 20~ -:) -r¡ - ;--ru -.J :!1o :::: -< ::t;:a -~:z: 0 Administrative 0 Development Plans ........-- 0'>---1 ,,--.L. 08 NATURE OF [8] Consent Agenda 0 New Business ê3 "71~ '10 AGENDA ITEM 0 Public Hearing 0 Legal (11 -m 0"\ ,q:> 0 Bids 0 UnfInished Business (J :::ï: 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve and anthorize signing of an Agreement for Water Service Outside the City Limits with ANY A Group, Inc. for the property at 3445 N. Federal Highway, Delray Beach, Florida (parcel located in Government Lot 1, Section 4, Township 46 south, Range 43 east) EXPLANATION: The parcel covered by this agreement is proposed for redevelopment to include one single-family home located on N. Federal Hwy. In unincorporated Palm Beach County. Potable water is available for connection to the property at this time, but this agreement is for both water and sanitary sewer. PROGRAM IMPACT: A water main exists in N. Federal Hwy. allowing for service to this parcel. Sanitary sewer improvements that will be required will be constructed either by this applicant, or by other developments. No additional construction will be required by the City to serve this parcel. FISCAL IMP ACT: None . his parcel is within the Utilities service ~ 1)1. Go 0 Signature City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Anthony Penn Peter Mazzella " File Michael Rumpf, Planning & Zoning (w/copy of attachments and site plan) S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORlZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND COVENANT 7 FOR ANNEXATION BETWEEN THE CITY OF BOYNTON 8 BEACH AND ANY A GROUP, INC.; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 \VHEREAS, the subject property is located outside of the City limits, but within our 12 water and sewer service area, for the property located at 3445 N. Federal Highway, Delray 13 Beach, Florida (parcel located in Government Lot 1, Section 4, Township 46 south, Range 43 14 east); and 15 WHEREAS, the parcel covered by this agreement is proposed for redevelopment to 16 include one single-family home located on North Federal Highway in unincorporated Palm 17 Beach County; and 18 \VHEREAS, currently a water main exists in North Federal Highway allowing for 19 service to this parcel. Sanitary sewer improvements required will be constructed either by 20 this applicant or by other developments. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Manager is hereby authorized and directed to execute a Water 27 Service Agreement between the City of Boynton Beach, Florida and ANY A Group, Inc., 28 hich Agreement is attached hereto as Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. :\CA\RESO\Agreements\Water Service\ANY A Group Water Service Agr.doc __________h_~___'_____ . .<--~~~--> -~ ~- ---".- >.- -~.--~,~--.- >-.- -·~-..~~I 1 PASSED AND ADOPTED this _ day of September, 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 22 City Clerk 23 24 :\CA \RESO\Agreements\ Water Service\ANY A Group Water Service Agr,doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial BJvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this day of , ,200--, by and betwee]] f}!fÍ!f r:;~ ::rAle· - hereinafter caned the "Customer", and thé CI OF BO N BEACH, a murucIpal corporatIon of the State ofFlonda, heremafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a poJicy which conditions the grant of water services outside of its jurisdictionaJ Jimits on annexation of the property to be serviced into the City at the earJiest practicable time. NOW TIIEREFORE, for and in consideration of the privilege of receiving water service fiom the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as foHows: 1. The City agrees to provide 0tstomer with water service from its Municipal Water System to service the real property described as foHows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the Citÿ hereby agree that there are~2. () EquivaJent Residential Connections which City shall service. 3, The Customer agrees to pay an costs and fees of engineering, materiaJ, labor, installation and inspection of the faciJities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for instaJlation in conformance with all codes, rules and regulations l 1 ._--~._~-~-. _-..--........."'..~~--- -~- ."--~~~---~~- < < ~.---~----~-, ---". ..~. applicable to the installation and maintenance of water service lines upon the Customer's premises. An such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to confonn the lines or the City may have the work perfonned on behalf of the Customer. in which case the Customer will pay in advance an estimated costs thereof. In the event the City has such work performed. the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4, Any water main extension made pursuant to this Agreement shall be used only by the Customer. unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. - 5, Title to all mains. extensions and other facilities extended fTom the City Water Distribution System to and including the metered service to Customer shaU be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6, The Customer agrees to pay all charges. deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed fTon1 time to time. 7, Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City, 8, The Customer shan. contemporaneously' execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a volùntary petition for annexation. C"Qstomer covenants that it shall cooperate with the City and not raise opposition or challenge to such '.annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer win inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney. but! Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to tb~ City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shan in no way impair the power of attorney nor constitute a diminution or lack of consideration. i 2 9. Annexation is intended to be and is hereby made a covenant runÌ1ing with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florid~, and the Customer and aJI subsequent transferee, grantees, heirs or assigns of Customer shaH be binding on the Customer and all successors and assigns. 10. lt is agreed that the City shaH have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of]ocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shan have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond th~ City's reasonable control. 11. The Customer hereby agrees to indemnifY, defend~--~ld harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) fi-om and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting fi-om the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title, 12, No addition31 agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby, 13, The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEJŒ:;:j"e parties hereto have set their hands and seals this JJ'!:aayof 2 . INDNIDUAL(S) AS OWNER(S): - . "'\ -> '/~ -~ Owner Signature O'ø/ '61;- ß'T"'¿ ¡Ç, Printed er Name U /J.Þ}?¡ If'1--0t-t/? , ,,¡-I.)ø ftù:tL :fa/tfr¡){) \ Printed Witness Name 3 "'~..--...- . . -'~--------- ~ __~.__~___~o_,_ __~~__>__..,.~'o, --~':"'."'._-~!i ~"--' Witness Signature . Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name ~ FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the, State aforesaid and in the County aforesaid to take acknowledgments, personally appeared eft' ~ to me known to be the r . k¡t¿ 'M I - person( s) describcil in who executed foregoin instnnnent that he/she acknowledged before me 1Mt helshe exeeuted the same; that the individual WrjjY known to me or provided the followmg proof of IdentificatIOn: fJH ~~ )JtJ I./J ' WITNESS my hand and official seal in the COWlty and State last aforesaid this J ~~ay of ~!j ,2004- (Notary Seal) ~&- ~¡,J;A-ùll ~-- ~ ~ My Com/nIISIOn D0227-401 Notary Public . Exprea June 21. 2007 WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATIEST: City\ Clerk: , 4 . STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) J HEREBY CERTIFY that on this day, before me, an officer duJy authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses fTeely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal àffixed thereto is the true corporate seal of said City, WITNESS my hand and official seal in the County and State last aforesaid this dayo( ,200_" (Notary SeaJ) Notary Public Approved as to fonn: City Attorney \ 5 ._ ~ _-'n___'_._<-~."""."'-""~ þ,," ~~-----~---~--. .,----......................--. --~..~, ,~~...~-.~"--,- -,-.--~_......>"'_.,~,,__='^_ ------.~I-t THIS INSTRUMENT PREPARED BY: James A. Chemf. EsquIre JosIas & Goren. P A 3099 East Commerdal Blvd. Suite 200 Fl Lauderdale. F1. 33308 - IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF 'Íli1Yl fJPhA Jme, ¡;~¡¡ (;wot.lj>, :IiIe-. , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful é3ttorney in fact for Grantee and in Grantee's name. place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH - full and complete authority to act on Grantee's behalf to accomplish annexation by any . t available means. The real property which is the subject of this power is described as follows: . . The powers and authority of my attorney, THE CITY OF aOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 3~day of ~& ' 20 ~ and the powers and authoñty shall be irrevocable by Grantee. ¡ IN WITNESS WHEREOF, we have hereunto set our hands and seals the 13 L(}:- day of ~ . in the year two thousand and f- ealed and delivered in .the presence o~ -L ¿:::::::::----- wner Signature o Ÿ8~ e\/0t--- AJ r'..-?l- . ~~/ PrintedOwne ame A /YIl crý~ ft<.ed. ~(¡Ih/ 0 Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM E3EACH ) OREGOING 'NffllUMEI>IT r acknowledged before me this I ~ay , ,20 by ~Jf- ~~ I -:ÇAJC · and. , who, a known 0' me or who have produced . as Jdenl~;¡;;nd who did/did noUake an oath. ~ eD~vJ6A~O OTA~Y PU C i}F~~ Type or Þt1nt Name ~ ~ =~.=.I Commissiòri\No. - My Commission Expires: POA.IND H_' - ~ - _~ --_.,- .-->_=_~_<_____.~""'-"~...__ ...... _..... _ __ . _ _. __...... ._ _T_ __,_~__~__=_,__ __, ,+' ."__ ~_,~-""~=,, -_on .-,,___~-,,_._____~_ . ... 0620 1 in. = 150.1 feet 0320 60 0101 0120 0150 0340 0590 0040 0350 0380 0440 0430 0420 0261 3445 N. ~éoderal Hwy. 0560 0531 0541 0790 0020 0590 0771 0800 0031 0601 0751 0810 0530 0041 0621 0731 0520 0830 0170 0060 0640 0721 0030 0701 0851 0651 0090 0690 0871 0671 )040 0060 0100 Location Map - Exhibit "A" ANYA GROUP, INC. 3010 S. Federal Highway Boynton Beach, FL 33435 Office: 561-735-9565 Fax: 561-734-7186 July 16, 2004 City of Boynton Beach Utility Department - Water Division 100 E, Boynton Beach Boulevard Boynton Beach, FL 33425 RE: 3445 Federal Highway Dekay Beach, Florida To Whom It May Concern: Please find attached a fully executed "Water Service Agreement" for the above referenced property address. In addition we have enclosed a print out of the property infonnation from the Palm Beach County Property Appraisers, This is to confinn the Pared Identification Nwnber since the address has been assigned by the United States Postal Service, however has not been recorded on Public Record. We have also attached a copy of the "Map of SUrvey" to provide the legal description. Per the infonnation sheet on the application, the City Commission must review and approve the application, We would like the application to go to the next meeting, July 2()th, should there be a delay, please let us know, Cc: file ~ h ! .".. ."------._...........,..._....... ~~ ..........--..=-....-..¿---<" Jul 28 04 lO:43a Mr.X 0 :0. 1 .-- ANYA GROUp, ING. 3010 South Fedeml Highway BoyntQD Beach, FL 33435 Phone: 56L735.9565 Fax: 561.734,7186 DATE: - &303 TO: FROM: . COMPANY: RE: NUMBER OF PAGES INCLUDING FAX COVER SHEET: ~ .................................................................................. SIGNATURE: TIME FAXED: /1J-fÝ}# , / Ju1 29 C~· IO:.t'·L'"..a Ì"r,X 0 p.2 CORPORATE RESOLUTION I The undersigned, Noa Greenfield, of ANYA Group Inc.. a Florida corporation, hereby certifies that the fol1owin~ is a true and correct copy of a resolution adopted at a duly cal ed ~oint meetin~ of the shareholders and di rectors of the co~ora'tíon, eld on Apri 8, 2004 at which a quoruœ of both sharehol rs and directors were present and voting throughout: BE IT RESOLVED, that this corporation ;s authorized Mr. Oror Tregar as its agent and is hereby authorized to execute, on behalf of said Corpora1:ion, any and all documents as are necessary, ;ncludin9. but not.l~m;ted to any Real Estate and or construction transac'tlon or act1vlty_ I cert;~ that the corporation is currently in good s'tandin~ and no d i sso uti on. bankruptcy or ; nso 1 veney p roceedi n~s wi 1: respect to the corporation have been conmenced nor contemp ated by the corporation's shareholders or directors. I further hereby certify that the above resolutions were duly and regularly enacteâ at a joint meeting of the Board of Directors and shareholders called for that purpose and held in accordance w;th the Articles of Incorporation ana Bylaws of the cor~ratíon; that the shareholders and directors of the Corporation ve full power and authority to bind the Corporation ~ursuant there1:o; and that the resolu"tions are in full force and ef ect and have not been altered. modified or rescinded. IN WITNESS WHEREOF, I have affixed my name as president of this corporation this 8th day of April, 2004. ANYA Group i nc. , a Florida corporation j , president -- , '--. - -.- -.---~ ----~. ...,.---"'---=-~._~ ~----''''-'~''"'''''''-''''''''''''-'''''''-'''--~--~' . > ~ ._-.--.- ,. Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nlkollts, CFA Palm Beach County Property Appraiser Public Access System Property Information Location AddressttNrf'~t: flWf"c~ ... ~ow Map.~ Municipality: COUNTY OF PALM BEACH Parcel Control Numbe4T~t.lQ;>~ Subdivision: Official Records Book: 16832 Page: 1846 Sale Date: Apr-2004 L I D "t" 4-46-43. SLY 28.52 FT OF WI.. Y 108 FT OF GOV L T 1 L YG E OF ST RD N ega eSCrlplon:s [ Owner Infonnation . . . .,«<" I -"'. .,"'. ··,··:'..·:;~·>~:.;~r· MailingAddress~ 2003 Certified Appraisal Improvement Value: $0 Number of Units: LStruc1:uraLI Land Value: $9,144 * Total Sq. Ft: 0 r ExtA.~,' t Market Value: $9,144 Acres:.OO [Land:.. '1 Use Code: 1000 Description: ~~~RCIAL * in residential properties may indicate living area, 2003 Certified Tax Ad Valorem: $178.79 _ pax' caaaihlto~ Non ad valorem: $0.00 Total: $178.79 I DetaïL. I 2003 Certified Assessed & Taxable Values Assessed Value: $9.144 Exemption amount: $0 (2003 Exemption) Taxable: $9,144 Exemption Information Unavailable, Sales Information Sales Date Book Page Price Instrument Owner Apr-2004 16832 1846 $170,000 \W ANYAGROUP INC Jun-2000 11877 201 $26,000 WO RAGNO STEVEN M & Jan-1977 02718 1611 $7,000 00 ·'---'.---·------------------..·--1 Print Information I Home I I Back L I Search I I Search Result I http://www.co.pahn-beach.fl.us/papa/main/detail_info.asp?p_entity=0043460400001 0270 7/13/2004 ~.- -.- .., -.;... ~ HAGER, PALBICKE & ASSOCIATES, liVe. PROFESSIONAL LAND SURVEYORS Certificate of Authorization L.B. No. 6772 PL1\TnNG ' CONDOMJNIUMS ' LAND DEVELOP¡,fENT . CONSTRUCTION U\YOUT ' BOUNDARY· TOPOGRAPHiC 3850 N,W, Boca Raton Blvd, Suite 3, Bon Raton, Aorida 33431 Phone: (561) 395,3600 Fax: (561) 395,2237 MAP OF SURVEY Legal Description: Parcel 1: A parcel of land in Government Lot 1, Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: From the point of intersection of the Westerly line of said Government Lot 1 of said Section 4 with the original Easterly Right-of-Way line of State Road No.5, as shown on the Plat of "TRADE WINDS ESTATES, FIRST ADDITION", recorded in Plat Book 22, Page 44, of the Public Records of Palrn Beach County, Florida; thence North 17°33'16" East, along the said Right-of-Way line, a distance of 52.55 feet to a point on the North Line of said "TRADE WINDS ESTATES, FIRST ADDITION", said last described point being the POINT of BEGINNING of the Parcel herein described; thence continue Northerly along the same course, a distance of 28.52 feet; thence North 89°18'46" East, parallel to the North line of said "TRADE WINDS ESTATES, FIRST ADDITION", a distance of 108.00 feet; thence South 00°11'00" East, a distance of 27,14 feet to a point on the North Line of Lot "N, of the aforesaid "TRADE WINDS ESTATES, FIRST ADDITION", at a distance of 80.00 feet, South 89°18'46" West of the Northeast corner of Lot "B", of said "TRADE WINDS ESTATES, FIRST ADDITION"; thence South 16°55'45" West, along a line parallel to the Easterly line of said Lot "A", a distance of 68.42 feet to a point on the Southerly line of said Lot "A", a distance of 87.14 feet to the beginning of a curve concave to the East and having a radius of 14.50 feet; thence Westerly and Northerly, along the arc of said curve and along the boundary of said Lot "A"; thence South 89°18'46" West, along the North line of said "TRADE WINDS ESTATES, FIRST ADDITION", a distance of 17.87 feet to the POINT of BEGINNING, less therefrom the Right-of-Way of State Road No, 5 (U,S. Highway No, 1). And, Parcel 2: Lot A-1, "REPLAT OF ENTRANCE TO TRADE WINDS ESTATES", according to the 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 25, Page 228. (Bearings are based upon the North Line of Section 4, Township 46 South, Range 43 East, as shown on the Plat of "DAKOTA LOFTS, A P.U.D.", 3S recorded in Plat Book 97, Pages 132 through 134 of the Public Records of Palm Beach County, Florida, having a bearing of N.89°18'46'E, ). Site Data: 1.) Floo.d Information: Community No: 120196 Firm Zone: A5,B Panel No,: 0206 Base Flood Elevation: +7.0 Suffix: B Lowest Floor Elevation: Date of FIRM: Ocl15,1982 Highest Adjacent Grade: 2.) Benchmark: Palm Beach County Bench Mark "R 315"; Top of Cone. Post 1.7 Miles S. along A-1-A from junction of State Hwy 804, 22' E. of Centerline of Hwy.: Elevation +15.499 (N.GYD.); B.M, #2 Palm Beach County Benchmark "Clubhouse": Elevatoin = +12.86 (N.GYD,), 3,) Address: ¡ 4,) Area of this Site is: 6644 Square Feet ; This survey is certified to the following: (4-07-04) 1. Anya Group, Inc.. a Florida Corporation 6. 2, Attorney's Title Insurance Fund 7. 3. George W. Mathews III, PA 8, 4. 9. 5. 10. Notes: Legend: 1) Elevations when shown refer to the National Geodetic Vertical Datum (N.G.Y.D,), of 1929. 'B/L or Q - Base line 2) Thjs firm has made no attempt to ~te footings andior foundations or other underground improvements (unless CJL or ~ , GenIe_ otheJWise noted), nm"",\~"",\ - Catch Basin 3,) The rands shown hereon have not been abstracted by this firm regarding matters of interest by other parties, such as ~ ' As-BuiII EIevatfon easements, rights-of~ways. reservations, etc., such information should be obtained and verified by others through Proposed Elevation ~ ,Edged.W_ appropriate title verification. ~ - Flow Otrection 4,) This draw;ng is the property of Hager. Palbicke & Assodates, 1m:. and was prepared tor and certified to the part)' ø· - Fife Hydrant and/or parties indicated hereon and is not transferable or assignable. it shan not be used or reproduced whole or in part without written auIh~on, ® ~ Sanitary Manhote 5,) All Iron PípeslorlRods and Nails & Discs, set by this Firm. set with CapiorlOìsc with LB. No. 6772. ® - Storm Drainage 6,) Aft easements shown on the attached drawing are per the record piat (un1ess otheTVllise noted). "'_ Abbreviations: D'^-. . OIAMETER LE. "" lANDSCAPE EASEMENT p.o_c POINT OF COMUENCEME."IT DRAIN '" OfWNAGE LM.E. '" LAKE MAINTENANCE EASEMENT P.OT POINT OF TERMINATION A. '" ARC LENGTH EASE. . EASEMENT LP. = UGHT POlE R- RADIUS AJC = AIR CONDlTK>NER E.O.W. = EDGE OF WATER "') ,. MEASURED IR) RECORO 8.C.R '" BROWARD COUNTY RECOROS EL '" EL.EVATION MH .. MANHOlE RW RIGHTOFWlty BlDG '" BUIlDING ElEC_ =E1.ECTRIC NTS. 3 NOT TO. SCAlE so STQRfot DRAJNAGE Ie) '" CAlÇULAl"EO F_F. '" "'",SMEDflOOR ...0 ..MÞ4l&OISK 51:C.. SECnC>H C....T" '" CA81f T.V. F_H. ., FIR£ HYDRANT N&T =-NÞJt& TAB s_s. SANITARY Sf\'VER c..P_i . =- CATCH BAStN ,PI. "' FLORIOA POWER & LIGHT OR8. = OFFtc!Al RECOROS BOOK STA. 5TA1lON C.8_s. = CONCRETE 8lOCK & STUCCO GAR = GARAGE P.8. = PlAT BOOK S\/C. SER\llC£ CH. = CHORD FNO. = FOUNO "'_B.C_R = PAUl BEACH COUNTY RECORDS TEL TElEPHONE (BELLSOUTH) C_l.F = CHAlIi LINK F"ENCE .NY = INVERT PG, ",PAGE T_O_5 TOP Of' BANK CC~. '" COlUMN '-Po c IRON PIPE PROP. '" PROPOSED TYP TiPICAL CONG = CONCRETE '-P.C. c IRON. PIPE & CAP PAVE. '" PAVEMENT UE UTtUTY EASEUE~ D' ., OElT....{CEHTRAl} ANGlE I.R. ,., IRON ROO P_C.P_ '" PERMANENT CONTROl PDtNT UTll UTIUTY (0) "'DEED I.FtC- '" IRON ROD & CAP P.RM. "PERMANENT REFERENCE MONUÞÆNT W.M WATER METER O.E. '" DRAINAGE EASEMENT LAT. - LATERAl. P.0.8. '" POINT OF BEGINNING wv. WA"TEAVALVE Surveyor's Certification: I hereby certify that the attached 'Map of Survey' complies with the 'Minimum Technical Standards' for Nol Valid Unless sUPIOys as contained in Chapter 61G17,6, Florida Administrative Code, pursuant to Section 472,027, Florida Stalutes. Signed and Embossed -Ih~~ V~·~ wi1h the Raised Seal of the Attesting Florida Registered Thomas R. Palbide, Vice Pres., Prolessionalland Surveyor No, 5061, State 01 Florida Professionaf land Surveyor Date of Last Field Work: 1/1012004 Dakota Lofts . I Job No.: DL01 I Date: 1/1012004 Sheet 1 of 2 Sheets F,IHWAprojlOOCfileslnTradeWindsllot_A,doc I -.- --,.--~_._----~~-..__._->-..¢- ,~~_ l' '" MAP OF SURVEY -.-..----.-..-----/ 'CJ f , Woolbright Rd, 1 C, ¡ 6 : <l> I Q} I ~ u ....... i :1/ /0 NOTE: . _ I I U e ":1.;::. ,'-':; utIlity Sevices pr-ovlced by the CIty of Boynton Beach, Flodda. I n 0i /j / 1.2 ' . .:::;¡, 0 " I '" . , I () I ~ ~ : [!. I ~ í~ ~..~.....' .. I N.L '.'\ '" ~:0 \ Lot B \. ti>. ""'4 \0 \ 4 , tt- '&~ \0 (1)11) , C. II> ~~ 'é.::> ~? O~ 1>"11) t-lc. (I) ... c.~ 0c. -~(I\ i J __ ~~ 0"" ~ ,..,. ~Ñ~ in i~ g~ t""!.~ := ON ~ i ... å 0 5.16- 5S'45'·W. meed) r~>.> '<iii S.16056'38"W.(\A.) 0, In 68.42' I I I ' I ~~ ¡ - I ! _u_.. I I I I I I I I n~._'O' ~ I . Drain, @) í¡,~' M.H. Orain. @ ~ _ M,H. - _._'_._'_.~ .-.-.-.--.-,--.------,-. ,-.-.-'-.-- ,-.-- US. Hiahway No, 1 (SR. 5) AsPhalt Pavement ADDENDUM. 4. B. 3. 7. 2. 6. I. 05-07-04 PROPOSED PLOT PLAN - OPTION B. 5. HAGER, PALBICKE & ASSOCIATES, INC JOB **. TW-B TRAO£WINOS PROFESSIONAl LANO SURVEYORS SCALE. I u. 25' BOUNDARY SURVEY. 3850 N,W,BOCA RATON BLVD. SUITE 3. BOCA RATON. FLORIDA 33431 PHONE' (561) 395-3600 FAX' (561) 395-2237 DATE. 05-01-04 SHEET OF SHEETS VI.-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned .!!! Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2,2004 o October 19. 2004 (Noon) October 4,2004 [8 September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October) 8, 2004 o September21,2oo4 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1,2004 Ç) C':) ("") -i ~ -1-< .;- 0 Administrative 0 Development Plans :Po -<0 C '::J .." G') NATURE OF [8 Consent Agenda 0 New Business 'c:J - rqa AGENDA ITEM 0 0 - ;::")-< Public Hearing Legal ~z: 0 Bids 0 Unfinished Business :-~ 0;-i ::iJ: C) - =>z 0 Announcement 0 Presentation - ~ro .. rv -fT1 0 City Manager's Report CJþ 0:> fT1C") ::t: RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Joan Garden for the property at 7963 Overlook Rd, Lake Worth, Florida (Ridge Grove S SO FT ofE 100 FT of Parcel A). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement projed. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None AL TERNA TIVES: None. This parcel is within the Utilities service area. ~ Department Head's Signature City Manager's Signature Department Name City Attorney I Finance I Human Resources XC: Dale Sugerman (wI copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning " Anthony Penn " File " S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC . . , I 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND COVENANT 7 FOR ANNEXA nON BETWEEN THE CITY OF BOYNTON 8 BEACH AND JOAN GARDEN; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 7963 Overlook Road, Lake Worth, Florida (Ridge 15 Grove S 50 feet of East 100 feet of Parcel A); and 16 WHEREAS, the parcel covered by this agreement includes a single-family home 17 located in the San CastlelRidge Grove project area; and 18 WHEREAS, a water distribution main has recently been completed on this street, 19 allowing for the service to this parcel. No additional construction will be required by the City 20 to serve this property. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 24 eing true and correct and are hereby made a specific part of this Resolution upon adoption 25 26 Section 2. The City Manager is hereby authorized and directed to execute a Water 27 ervice Agreement between the City of Boynton Beach, Florida and Joan Garden, which 28 greement is attached hereto as Exhibit "A". 29 30 Section 3. This Resolution shall become effective immediately upon passage. :\CA\RESO\Agreements\Water Service\Garden Water Service Agreement.doc .- . ---<-_._~----- .~---~--~-~~-~=---='''''"----- ---.--..- .-. . -~-'-.---~-'~ -~,------- - - "'" 1 PASSED AND ADOPTED this _ day of September, 2004. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 23 City Clerk 24 25 :\CA\RESO\Agreements\Water Service\Garden Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial mvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON THIS AGREEMENT made on this _ day of ,200_, by and between :s~ p. 9<) c;þ. ~Ð<Z ~ hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration ofthe privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises, The Customer shall be responsible for installation in confonn~ce with all codes, rules and regulations 1 '- ~-...-.,._..~-~--- . . ~~---- "~--~--, -~. applicable to the installation and maintenance of water service lines upon the Customer's premises, An such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5, Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation, Customer covenants that it shall cooperate with the City and not raise opposition or chaIlenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer wiIl inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein, The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. . 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Pub1íc Records of Palm Beach County, Florida, and the Customer and aU subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. lt is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements ofJocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) rrom and against aU claims, damages, law suits and expenses inc1uding reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting rrom the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this _ day of ,200_ d<:k~ OWNER(S): Witness Signature wner Signature LC)\~ ~{G.N\.~Q\.\ JÔ~ 6A;(o Ew Printed Witness Name Printed Owner Name ~z1 tL~ ¿~ Wit~gnature / m n-~ -/!-¡'¡;¡t: S/¡-Ak/t Printed itntfss Name 3 .." .;-,--~. ~-~----- ~-~--~~..,"<-~-- --, ___.v_"·___._·___ '__~___"_"""'6~'~___ ____~-~___._~_ -t>I-- Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDNIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared '"J" lJ a n G ¿£ ¡¿J en to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to m<:Q!: provided the followmg proof of identification-=:;' ¡:::- /¿; £/4. /lIEI' {V ~ R -4- I-- I e Y?116 e . cA WITNESS my hand and official seal in the County and State last aforesaid this 6 day of a t.t d u '7;f , 200~ (Nota.rx~~ Barbara M. Madden ~Á.Á~ l~~CDmmiJåDD # 00125274 = . f .:: Expires July ~'!.. ~~ 19. 2006 Notary Public "'::.J.'; ~$ Baaded 'J1Iru ~"P!.,r.:~~~ Atlant1c Bondtng CD.. Inc. WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City\ Clerk \ 4 ST A TE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses fIeely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of , 200_. (Notary Seal) Notary Public Approved as to fonn: City Attorney \ 5 '--'--'--<"'-~"--~",",--""" ----~~~-~ - - _~_~~"~~ -...._~r__"~_ - '-~-~-"~"--""""'--'-""'------- ~_>___~£-_______..,....,_--.-.~_...u-__._.,__ '-~--.-'-<-...-",-"" ~-- THIS INSTRUMENT PREPARED BY: James A. Cherof. Esquire Josias & Goren. P.A. 3099 East Commercial Blvd. Suite 200 Fl Lauderdale. Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~ I/We, JOA~ GA f<.n ë;.J , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH, This power shall extend to the CITY OF BOYNTON BEACH - full and complete authority to act on Grantee's behalf to accomplish annexation by any . , available means. The real property which is the subject of this power is described as follows: 00- t(3- l/S--09 -08 -000 -ISf:JO The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the S.fl.-.day of -~~+ , 20 f2!i and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of , in the year two thousand and ~ Sealed and delivered in the presence of , - ~ ~y,^~,Q]{J ( I ness Signature Ower Signature ~~n~~¿& <v>u:>e l) pr;nte~~N~me !l1o~L ~ Witness Ignature -/ ~~ ÅfVIU{/ ~ I'M kH- rinted Wi e~s Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) .) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this 5 (,Ii: day of IIU§{/'5f- , 2(k?y, by 0ðon ,#!:¡eclr-n and . , who are known to me or who have produced E/"/l/;/ál/~/vý¿ ~ I/cr'/It;.f', as identification and who did/did not take an oath, ~Ú-~. /n~ NOTARY PUBLIC Type or Print Name Commission No. My Commission Expires: POA.lND ,_. _ __ _ _ _ '__L~._~"'___ ---..."".--.-->" ~'--"""""'-'~ ,~,-<"-,~"-~,,,,,~,,,, ""~~"~",-~-~",->--~-~--",,,,,*,,~j~-' ~---- ------------,--=-'^-' -.....~. , Palm Beach County Property Appraiser Property Search System Page 1 of2 ~:"~",-~.;p~ ~<'"~: IT ~~.~ -,~~ "l ~ 1:~ f1 ! ~t F ~ ~ -; "\ Property ..!I.¡:;pra¡g;er's ¡; [": ';::1'-s: :,;;',;-, I,. ~, ~ I '.' ~ -- . - ,.... . ' . ~ ... "" -,,~ < , . , ." , - - , : :;,r~,~. ~ J_ _~ -- Property Information location Address: 7963 OVERLOOK RD ~I -x' '-' - .' ~^,' Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-08-000-1560 Subdivision: RIDGE GROVE IN Official Records Book: 14045 Page: 1348 Sale Date: Aug-2002 legal Description: RIDGE GROVE S 50 FT OF E 100 FT OF PARCEL A Owner Information Name: GARDEN JOAN A '-1/'~) Mailing Address: 7963 OVERLOOK DR LAKE WORTH FL 33462 6135 Sales Information Sales Date Book Page Price Sale Tvpe Owner Aug-2002 14045 1348 $10 QUIT CLAIM GARDEN JOAN A Oct-1986 05053 0904 $44,900 WARRANTY DEED Exemptions Jtwros - Full Homestead Exempt $25,000 Year of Exemption: 2004 Total: $25,000 Appraisals Tax Year: 2003 Tax Year 2003 Improvement Value: $54,00 Number of Units: 1 land Value: 11,52 *Total Square Feet: 1510 Total Market Value: Use Code: 0100 * in residential properties may indicate living area. Tax Y~ar: Assessed Value: - Exemption Amount: Taxable Value: Tax Values Tax Year: 2003 2002 2001 - Ad Valorem: $551 $480 $44 Non Ad Valorem: $192 $185 $18 - Total Tax: $743 $665 $62 '-I - ~ Record Search I Information I Exemptions I Community I Employment I New Home Buyer J Office locations Value Adiustment Board I Save Our Homes I Senior Comer I Disclaimer Home J Unks J Glossary I ~ I Forms I Contact Us I PAPA http://www.co.palrn-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043450908000 1 h, 8/6/2004 . . fJ150 I I :Lt..~ I I 1Ir rr""",-~ _ -:=\....r. ... .--..-.- -..- -..._- --- I ---~ 0140 _ '1522 Hi 1: 0 60 59 58 1560 1 in. = 110,9 feet -.- 0130 -. .- --- 0120 110 0630 5~~(: Ifi1 60 59 0571 0560 -- - U~D 0100 1030 0420 44 45 46 0410 C:~~~1 51 0520 54 55 i 0080 1050 40 39 0310 36 0330 0290 28 21 26 0010 0050 '60 0170 0200 0220 1561 0030 01 0130 0100 0080 J_ I . ---- 0020 0010 In10 0020 0010 0030 0040 ' 00:'0 0040 0030 0040 .1 . --- ....-- , =- -- Location Mél~~ - Exhibit "A" -- " .- . ~~ -- ~-- -----'~....>-""--"'"~-~-~---~- ---~--- .-. -~ -- VI.-CONSENT AGENDA ITEM C.7. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Fina] Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) Ju]y 19,2004 D October 5, 2004 C'loon) September 20,2004 D August 17,2004 (Noon) August 2, 2004 D October ]9,2004 (Noon) October 4,2004 181 September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October] 8, 2004 D September 2],2004 (Noon) September 7, 2004 D November ]6, 2004 (Noon) November ],2004 \0' r:> o7-i , - ::::¡-< ;¡::.. -<0 D Administrative D Development Plans c:: ,,'" GJ NATURE OF 181 Consent Agenda D New Business - '-CD -~o AGENDA ITEM 0'1 ,:;.-< D Public Hearing D Legal /'z v u;~ D Bids D Unfinished Business - ~ C) :-J-_ D D r- :-.;~ Announcement Presentation .. -'1 CD - f'T1 D (,oJ ~2:> City Manager's Report (,)1 ¡ '.(""') ;:t: RECOMMENDATION: Authorization to enter into an agreement with Palm Beach County to return the collection of County Impact Fees back to the Palm Beach County Building Division. EXPLANATION: In light of a steadily increasing workload, the Building Division has examined the cosVbenefit of all services provided which are outside of the nonnal operation ofthe division. As a result ofthis analysis, stafTis recommending the return of the assessment and collection of County Impact fees back to Palm Beach County. Our analysis indicates that the average number of hours per week spent by stafTreviewing, assessing, preparing reports, negotiating with contractors, accounting for charges and credits, and participating in periodic County audits, does not return sufficient benefit for the 2% administrative fee returned to the City. The increased volume of pennits submitted for review and the increasing demand for overtime, expedited review further reinforces our need to refocus on the business of processing pennit applications. PROGRAM IMPACT: Contractors and residents applying for building and site improvement pennits subject to County Impact fees will need to provide the City with approved, County reviewed plan sets and payment receipts, prior to the City's pennit review. FISCAL IMP ACT: The City has received the following administrative reimbursement for the past five years: 2004 - YTD $92,425; 2003 - $33,824; 2002 - $37,213; 2001 - $70, 038; 2000 - $41,456 AL TERNA TIVES: Continue to administer the assessment, collection, negotiation and accounting for County Impact Fees. ~ Quintus City Manager's Signature Department of Development Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC RESOLUTION R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY (COUNTY) AND THE CITY OF BOYNTON BEACH (CITY) TO RETURN THE COLLECTION OF COUNTY IMP ACT FEES BACK TO THE PALM BEACH COUNTY BUJLDING DIVISION; AND PROVIDING AN EFFECTIVE DATE. \VHEREAS, in light of a steadily increasing workload, the Building Division has examined the costs and benefits of all services provided which are outside the nonnal operation of the division; and \VHEREAS, the analysis perfonned by the Building Division indicates that the average number of hours per week spent by staff review, assessing, preparing reports, etc., does not return sufficient benefit for the 2% administrative fee returned to the City; and \VHEREAS, as a result of the analysis, staff is recommending the City return the assessment and collection of County Impact Fees back to Palm Beach County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, The foregoing "Whereas" clauses are hereby ratified and confinned as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach does hereby authorize and direct the City Manager and City Clerk to execute an Interlocal Agreement between Palm Beach County and the City of Boynton Beach to return the collection of County Impact Fees back to the Palm Beach County Building Division. Section 3. That this Resolution shall become effective immediately upon passage. S,IC SO\Agreements\Interloca1s\JnterlocaJ-PBC Impact Fee Collection. doc ..'-~--~- ---~~~-_....-. --- ------. ---~-~~--....-_. ___ "_U_______>.. PASSED AND ADOPTED this _ day of September, 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S,IC \ OlAgreementslInterlocalslInterlocal-PBC IfI1>'Id Fee CoDection,doc , " INTERLOCAL GOVERNMENTAL AGREEMENT FOR COLLECTION OF IMPACT FEES CITY OF BOYNTON BEACH THIS AGREEMENT made this day of , 2004 by and between the Board of County Commissioners of Palm Beach County, Florida, a political subdivision of the State of Florida (hereinafter "County") and City of Boynton Beach, a Municipality created pursuant to Laws of Florida, (hereinafter "Municipality"). WHEREAS, the Board of County Commissioners adopted countywide impact fees pursuant to Section 1.3 of the Palm Beach County Charter; and WHEREAS, Section 13.A.7.A.2 of the Palm Beach County Unified Land Development Code (ULDC) provides that the Municipality issuing development orders may require direct payment of impact fees to the County pursuant to an interlocal agreement; and WHEREAS, the Municipality has requested that the County enter into such an interlocal agreement; and WHEREAS, this interlocal agreement is adopted pursuant to Section 13.A.7.A.2 of the ULDC. WITNESSETH For and in consideration of the mutual terms and conditions set forth herein, the parties hereto hereby agree as follows: 1. The County shall allow the Municipality torequire the payment of impact fees directly to the County by the feepayer. Where County Impact Fees are required to be paid, the Municipality shall not issue any building permit or development order until such time as such fees are paid to the County by the feepayer. 2. (a) Administration. The Municipality shall direct all persons required to pay County Impact Fees to the Palm Beach County Building Division (hereinafter "Building Division") to provide the Building Division with all of or a portion of the plans and specifications with square footage and land use information for review by the Building Division. The Building Division shall review the plans and specifications for purposes of calculating the impact fees required under the ULDC, I _. -------,-&- -~ Article 13. The Municipality after consultation with the Impact Fee Coordinator, if necessary, shall provide the location and a description of the land use which will be built or, if not restricted to only that use, the permitted land use(s) having the greatest impact on capital facilities. The Municipality shall designate a contact person for purposes of describing the land use and answering impact fee related questions, such as the proper category of a proposed use for assessing impact fees. The County shall assign an Impact Fee Plan Review (hereinafter "IFPR") number, which shall be the means of tracking the review and approval. The County shall complete its calculation of the impact fees within six (6) business days of its receipt of the portion of the plans and specifications and information as to the land use description and categorization provided by the Municipality; provided, however, if the feepayer seeks a credit, independent fee calculation, appeals the assessment, or a covenant is necessary, this six (6) day period shall not apply. (b) The County shall stamp the plans and specifications with a standard-form stamp and shall set forth therein the amount of impact fees paid, the IFPR number, the impact fee zones, and the particular land use involved, On a separate form as established by the Impact Fee Coordinator, the County shall detail the information upon which the fee amount is based. This stamp and form shall constitute official notice that the Impact Fees have been paid. This form shall be provided to the feepayer and Municipality. The Municipality shall incorporate into the review plans and specifications the sheet setting forth the square footage and land use with the impact fee stamp of the Couhty, or if the entire set of plans are submitted to the County and the impact fees are calculated and sent to the Municipality prior to the Municipality's review of the plans, the Municipality shall use the stamped plans as its review and approved plans. (c) The Municipality may require County determination of impact fees prior to its acceptance of an application for a building permit or development order, or prior to Municipal review of such application. These plans shall remain on file with the Municipality. The Municipality shall not allow any revision to the plans or specifications or any change in land use as submitted to the County pursuant to this paragraph 2 (a) and (b) except those which hàve been approved by the Building Division and for which impact fees have been paid. Amendments shall be approved with the same formality 2 , , as the original land use and plans using the stamp and form. This stamp shall constitute official notice that the Impact Fees have been paid. (d) The County shall designate a contact person or persons for any inquiries that the Municipality may have relative to impact fees. (e) The Municipality shall provide the County with a copy of the primary Building Permit. (3). Refunds. Any refunds requested shall be processed through the County Impact Fee Coordinator. In the event a refund is applied for, the Municipality shall confirm that the building permit or development order for the development upon which the impact fees were paid is of no further force and effect. The Municipality shall not thereafter allow any renewal or extension of the building permit or development order until such time as the impact fees have been paid. (4) Failure of Funds Clearing. The County shall notify the Municipality and feepayer if the funds for impact fees do not clear. The Municipality shall not perform any further inspections if the building permit is of no further force and effect pursuant to Section 13.A.14.A of the ULDC. (5) Covenant. If a covenant is necessary as determined by the Impact Fee Coordinator, the Municipality shall not issue the building permit or development order until the Impact Fee Coordinator notifies the Municipality that the Covenant is executed by the property owner and other necessary persons in recordable form (6) Administrative Fee. The administrative fee set forth in Section 13.A.7.B shall accrue to the County and not to the Municipality. The County shall not charge the Municipality for any services associated with the collection of impact fees, as set forth in this interlocal agreement or Article 13 of the ULDC. (7) Credits, Independent Fee Calculations. Where a fee payer has made a request to the Impact Fee Coordinator for credits, an independent fee calculation, or for any other reason, the Municipality shall cooperate with the County and feepayer by providing to the County and feepayer information and documents in the Municipality's control. (8) The County shall provide the Municipality with a copy of Article 13 of the ULDC so that the City may ascertain what development orders and building permits must be referred to the County for calculation and payment of impact fees. 3 -----~-----_._-~=----- - -- -- ---. ---- ~~, - .- ~-_._--- ~--~.~ (9) The City shall not collect any impact fees assessed pursuant to Article 13 of the ULDC. (10) This agreement constitutes the entire agreement between the parties. It may be amended from time to time by the mutual agreement of the parties executed with the same formality as this agreement. Either party may cancel this agreement with thirty (30) days advance written notification to the other party. ATTEST: PALM BEACH COUNTY. BY ITS BOARD OF COUNTY COMMISSIONERS Clerk of the Circuit Court Deputy Clerk Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney CITY OF BOYNTON BEACH City Clerk City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney boynton/D:2005Update-collection of impact fees 1 2 w spacing A City revision clean 4 VI.-CONSENT AGEND ITEM C.8. CITY OF BOYNTO~ nlACP ,~ AGENDA ITEM REQUEST FORM Date FioII1 Form Must be Turned Requested City Commission Date FínaI Form Must be Twned m in to City Cle{k's Office Meetin2~ to CitY Cleric's Office --- Meetin3 Dates ""- o October S, 2004 (Noon) September 20, 2004 August 3, 2004 (Nooo.) July 19.2004 o August 17, ZOO4 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 (8 September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18.2004 n - c:> (J-1 o September 21, 2004 o November 16,2004 (Noon) November I, 2004 =4-< (Noon) September 7, 2004 :::>" -(0 c: . J "11 G') :-co - ,no 0 Administratíve o Development Plans (j\ ;;J-( :>(~ (8 Consent Agenda o New Business -0 :h-l NATURE OF -...~ '. 0 ..;. o:z: AGENDA ITEM 0 Public Hearing o Legal N -nO' ., ':::!f'T1 0 Bids o Unfinished Business w 0:Þ CJJ rt10 0 Announcement o Presentation ::x: 0 City Manager's Report RECOMMENDATION: Motion to authorize approval of Library State Aid Grant Application. EXPLANA nON: The State requires that each year, the City Commission authorize the Grant Application for Library State Aid. The Library Advisory Board recommended its approval. PROGRAM IMPACT: Approval will qualify the Library to receive a State Aid Grant which is an incentivt program designed to encourage communities to provide adequate local funding to support library service. FISCAL IMPACT: State Aid Grants bring additional library resources to the community. Grant fom are based on local funds invested in library service. The more local money spent on Library servil the higher the grant amounts. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. Jlí<í;:-~ Ar:~ ~ Department Head's Signature City Manager's Signature L 1l3,e;4¡:¿Y Department Naml City Attorney / Finance I Human .Re II I 1 RESOLUTION NO. R 04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 EXECUTION OF THE LIBRARY STATE AID GRANT 6 AGREEMENT BETWEEN THE CITY OF BO)'NTON 7 BEACH AND FLORIDA DEPARTMENT OF STATE, 8 DIVISION OF LIBRARY AI\TD INFORMATION SERVICES; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 \VHEREAS, upon recommendation of staff, the City Commission has detemJÌned that 12 it is in the best interests of the residents of the City to authorize execution of the Library State 13 Aid Grant Agreement with the Florida Department of State, Division of Library and 14 Infonnation Services. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 19 Section 1. The foregoing "vv'hereas" clauses are hereby ratified and coníirmed as 20 eing true and correct and are hereby made a specific part of this Resolution upon adoption 21 ereof. 22 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 ereby authorizing execution of the Library State Aid Grant Agreement with Florida 25 epartment of State, Division of Library and Infonnation Services, which is attached hereto 26 Exhibit "A". 27 28 PASSED AND ADOPTED this _ day of September 2004. 29 30 CITY OF BOì'NTON BEACH, FLORIDA 31 32 13 Mayor 4 ) Vice Mayor Commissioner Commissioner Commissioner TTEST: VI.-CONSENT AGENDA ITEM C.8. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City CommissiOll Date Final Form Must be Turned m MeetÎnIZ Dates in to City Clerk's Office MeetinR Dates to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19. 2004 (Noon) October 4, 2004 f8I September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) Odober 18, 2004 ("1 0 C)-4 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1, 20ói :::i-< :::::- --<.0 c:: c') ...., GJ '-CD - '''10 0 Administrative 0 Development Plans (j'\ ~:[J -< ..-~_-.-~ /' "'- NATURE OF f8I Consent Agenda 0 New Business -0 :h-4 3: ' 0 AGENDA ITEM 0 0 oz Public Hearing Legal ~ -n ...,CP 0 0 Unfinished Business -¡-:"\ Bids w ":t:- O 0 0::> ["T1o Announcement Presentation :I: 0 City Manager's Report RECOMMENDATION: Motion to authorize approval of Library State Aid Grant Application. EXPLANATION: The State requires that each year, the City Commission authorize the Grant Application for library State Aid. The Library Advisory Board recommended its approval. PROGRAM IMPACT: Approval will qualify the Library to receive a State Aid Grant which is an incentive program designed to encourage communities to provide adequate local funding to support library service. FISCAL IMPACT: State Aid Grants bring additional library resources to the community. Grantfonnulas are based on local funds invested in library service. The more local money spent on Library services, the higher the grant amounts. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. ví<r~A.~ ~ Department Head's Signature City Manager's Signature L t(3¡<;4¡:¿Y Department N~ City Attorney I Finance I Human Resources S:\BUlLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC i I I 1 ; , RESOLUTION NO. R 04- I ; 2 . I 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 ì CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING , 5 i EXECUTION OF THE LIBRARY STATE AID GRANT . ! AGREEMENT BETWEEN THE CITY OF BOYNTON 6 I 7 I BEACH AND FLORIDA DEP ARTMENT OF STATE, I 8 I DIVISION OF LIBRARY AND INFORMATION SERVICES; I 9 AND PROVIDING AN EFFECTIVE DATE. 10 I 11 WHEREAS, upon recommendation of staff, the City Commission has detennined that 12 it is in the best interests of the residents of the City to authorize execution of the Library State 13 Aid Grant Agreement with the Florida Department of State, Division of Library and 14 Infonnation Services. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMl\tJISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 20 I being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 ereby authorizing execution of the Library State Aid Grant Agreement with Florida 25 epartment of State, Division of Library and Infonnation Services, which is attached hereto 26 s Exhibit "A". 27 28 PASSED AND ADOPTED this _ day of September 2004. 29 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 33 Mayor 34 35 36 Vice Mayor 37 38 39 Commissioner 40 41 42 Commissioner 43 44 45 Commissioner 46 TTEST: 47 City Clerk ~~ :ca\Rcso\Agr\Grants/Librnry State Aid Grant I -....-....- ~ --.--._---,---~-:_~--- ..><--'~<;-.-..,.---....-~-- '",---'~-;"-""""-"'- ._ _",;"~,-,,-~-..c_~~"",,_~~__,,,_-,-_ ,A- "...._._~____ Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRAJ.jT AGREEMENT ~ The Applicant (Grantee) CITY OF BOYNTON BEACH (Name.of library governing body) " Governing body for BOYNTON BEACH CITY LIBRARY (Name of library) hereby makes application and certifieS eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Ubraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency, b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the GRANTEE expends a total amount of State awards (i,e., State financial assistance provided to the GRANTEE to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such GRANTEE the GRANTEE must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10,550, Rules of the Auditor General. In determIning the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration, In connection with the audit requirements addressed in Section e, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. If the Grantee expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, is not required. In the event that the GRANTEE expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Florida Statutes, - ~ b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida StaMes and guidelines for the State Aid to Ubraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shaU be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Rorida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be doomed stricken. d. No delay or omission to exerdse any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such ñght, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to an documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents. servants or employees; nor shall the Grantee exdude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee .-~"'"",.. . -_...~-,-._--- ,--~<>_._~,-~,,~, -- ~,-,-~-~-~~.~-- _._~,"-",------.,----'---~"-'<-----~ . hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. \. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. J. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that eadl subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties, or obligations under this agreement without the prior written consent of the DIVISION, wAiGA whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DNISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Rorida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and'" of this agreement and guidelines for the State Aid to Ubraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Ubrary and Information Services, 500 South Bronough Street, Tallahassee, Rorida 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION Chair of Governing Body or Florida Department of State Chief Executive Officer Division of Library and Infonnation SelVices - ~ MAYOR GERALD S. TAYLOR Typed Name Typed Name Date Date Clerk or Chief Financial Officer Witness Typed Name and TItle of Official Date Date -, _ -__ ____~_____~-"_..=.,...,~.~......~____________.__,--."____.,."_ -'4,__~_ .--","~-~~--"""-.~- - _ ·~._L",=_y_' ._._ -< ---- --~- ._-~-.;-,. æ FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION - 2004-2005 Certification of Credentials - Single Library Administrative Head File by October 1, 2004 The CITY OF BOYNTON BEACH (name of library governing body) governing bpqy for the BOYNTON BEACH CITY LIBRARY (name of library) hereby certifies that the incumbent single library administrative head,,~ VIRGINIA K. FARACE (name of incumbent) . Has completed a library education program accredited by the American Library Association; and . Has at least two years full-time paid professional experience, after completing the library education program, in a public library that is open to the public for a minimum of 40 hours per week. Signature Chair, Library Governing Body Date Mayor Gerald S. TAYLOR Name (typed) Form #DlIS/SA03 Page 1 of 1 Effective 2-28-2003 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY2004-2005 STATE AID TO LIBRARIES GRANT APPLICATION File by October 1, 2004 . Check One: _ Single County Library ~ Municipal Library _ County Participating in a Multicounty Library The CITY OF BOYNTON BEACH - ~ (name of library governing body) governing body for the BOYNTON BEACH CITY LIBRARY (name of county or municipal library) Complete either Section 1 A or 1 B as applicable. 1A Certification of Local Operating Expenditures We hereby certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1, 2002 and ending September 30, 2003 for the operation and maintenance of a library under the provisions outlined in Chapter 257,14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program, We further certify that the amount listed below does not include funds received from the federal government; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program, T otallocal funds expended centrally by the library for the operation and maintenance of a library between October 1, 2002 and September 30, 2003. $ 1,582..338 Form #DLlS/SA01 page 1 of 3 Effective 12-28-2003 ,-- - -'--.__..,~.-.._>~-~....,--~- . -,.".~---_. . <----~----~.-.-._--....--~.........._-~~-"- - - - -'-------;-~--"'< ~~. . ·_'~_.~,_o"·__O_·. FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES EXPENDITURE OR APPROPRIATION REPORT Library Name: BOYNTON BEACH CITY LIBRARY II. Check Applicable ~ Expenditure Report - October 1, 2002- September 30, 2003 _ Appropriation Report - October 1, 2004 and September 30, 2005 (Provide appropriation onlv if the applicant is a newly established public library in the first two years of operation.) EXPENDITUREI FUNDING OR REVENUE SOURCES: TOTAL APPROPRIATION CATEGORY LOCAL STATE FEDERAL OTHER 10 Personal Services $1,171,045 $1,171,045 30 Operating Expenses 279,622 49,170 328,792 60 Capital Outlay (Non-Fixed) 130,130 71,273 36,368 237,771 Other 1,541 1,541 Total for the operation & 1,582,338 120,443 36,368 1,739,149 maintenance of the library (Record this amount on page 1) 60 Capital Outlay (Fixed, including 532,136 532,136 purchase or construction of a library building or quarters ) Form #DlIS/SA01 page 3 of3 Effective 12-28-2003 Library Name: BOYNTON BEACH CITY LIBRARY 18 Certification of Local Operating Appropriations (Complete this section only if the applicant is a newly established public library in the first two years of operation.) We hereby certify that the following total funds from local sources are appropriated to be expended centrally during the fiscal year beginning October 1, 2004 and ending September 30, 2005 for the operation and maintenance of a library under the provisions outlined in Chapter 257.14 - 257.25, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program, We fUl'her certify that the amount listed below does not include funds received from the federalgovemment; funds received from state government; or funds used for purchase or construction of a library building or library quarters. Such funds are not eligible to be used as local match for State Aid applications under Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Total local funds appropriated to be expended centrally by the library for the operation and maintenance of a library between October 1, 2004 and September 30, 2005. $ SIGNATURES: iQ~~ ~KF~ library Finance Manager Single rary Administrative Head DIANE REESE, FINANCE DIRECTOR VIRGINIA K. FARACE, LIBRARY DIRECTOR Typed Name Typed Name ~ It 3 /0 tf g j¡~ /01./ Date / I Date' I Form #DLlS/SA01 page 2 of 3 Effective 12-28-2003 ---<---_._,--~-~.---- ---~---_.-........_-----¢'--""-..-- ,___,~_,,,,,,,,,_~_~,_,____,--,-____ .,_0' v. .'.___4.:"'______....______._.... -_'",......~____ ____-...- VI.-CONSENT AGENDA ITEM C.9. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19, 2004 c=J October 5, 2004 (Noon) September 20,2004 c=J August 17,2004 (Noon) August 2, 2004 c=J October 19, 2004 (Noon) October 4, 2004 ¿$] September 7, 2004 (Noon) August 16,2004 c=J November 3, 2004 (Noon) October 18, 2004 c=J September 21,2004 (Noon) September 7, 2004 c=J November 16, 2004 (Noon) November 1,2004 12 C") c=J c=J C")- Administrative Development Plans - -., h -...,'""( I25J c=J å5 --- NATURE OF Consent Agenda New Business '0 ('") '"'1 AGENDA ITEM c=J c=J --.. [- Public Hearing Legal CT) ;"'ì 0::1 ~''Jc c=J Bids c=J Unfmished Business .boo. ~: ~ c=J Announcement c=J Presentation ~ (.') -..., _ ':-. C> c=J City Manager's Report ::- ~~ '" '"'1 0:7 '" 0.£; f"rJC") -::t: RECOMMENDATION: Motion to approve and authorize the execution of a Resolution accepting the Urban Group's negotiated contract to purchase property owned by Lawton Mapp, located at 1407 NW 1st Street at the appraised fair market value of $50,000 and the relocation entitlement of$52,755. EXPLANATION: The contract purchase price is the appraised market value. The relocation entitlement is based on guidelines established as part of the Unifonn Relocation Act (URA). PROGRAM IMP ACT: This is the second of five pieces of property that are essential to the development of the Wilson Center Project. FISCAL IMPACT: Funds for this task are available in account #302-4113-580-61-01. ALTERNATIVES: Renegotiate the settlement. ~ ~ ~entHe a's; lure City Manager's Signature Recreation & Parks ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I I 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING THE ACQUISITION OF 6 PROPERTY FOR THE \VILSON CENTER PROJECT FROM 7 LA WTON MAPP AND AUTHORIZES THE CITY 8 MANAGER TO EXECUTE ALL NECESSARY 9 DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. 10 II WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be 12 in the best interests of the citizens and residents of the City to accept the Urban Group's 13 negotiated contract to acquire property located at 1407 NW 1 sl Street, Boynton Beach, owned 14 by Lawton Mapp, for the amount of $50,000.00, and the relocation entitlement of $52,755.00, 15 as part ofthe implementation of the Wilson Center Project. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COl\-fMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 18 Section 1. The foregoing "\Vhereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption 20 21 Section. 2. The City Commission of the City of Boynton Beach, Florida does hereby 22 uthorize the acquisition of property :trom Lawton Mapp, in the amount of $50,000.00, and the 23 elocation entitlement in the amount of $52,755.00, for the implementation of the Wilson 24 enter Project and authorizes the City Manager to execute all necessary documents. 25 Section 2. This Resolution shall become effective immediately upon passage. 26 :\CA\RESO\Real Estate\Purchase worn Lawton Mapp - Wilson Center Project. doc - -'---~.-"""-~'---~-----"""""'-'~- -~ -....... ~........-;..-", .- ". _o...._______..._~- -,-_ -~- --",-=<-~-_..-. --~..-.........",,-,,~.....--,,------, --",ç-" --~---.-..-~ I PASSED AND ADOPTED this _ day of September, 2004. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 City Clerk 23 24 (Corporate Seal) 25 26 27 28 29 ,\CA\RESOIReaI Esta1<\Purcbasc &om LawtOß Mapp - Wilson em.", Projec.doc NEGOTIATION SUMMARY & RECOMMENDATION FOR SETTLEMENT Seller: Lawton Mapp Site Address: 1407 NW 1 st Street Boynton Beach, Florida 33435 Parcel # 6-5 Legal Description: The north 50.00 feet of lots 519 and 520 of Cherry Hills according to the plat thereof as recorded in plat book 4, page 58 of the public records of Palm Beach County, Florida. Parcel Identification Number: 08-43-45-21-14-000-5192 Property Assessment Value: $32,976.00 Appraised Fair Market Value: $50,000.00 Date of Value: May 7, 2004 Seller's Position: The Urban Group has negotiated a contract to purchase the subject parcel at the appraised fair market value of $50,000.00. Mr. Mapp agreed to sell his home at the appraised value in addition to his relocation entitlement of $52,755.00. Buyer's Position: The City hired an independent State Certified General Real Estate Appraiser, D. Craig Keneipp to determine the fair market value of the subject property. Based on a date of value of May 7, 2004, the fair market value of this property is $50,000.00. This contract is contingent on the City Board approving the contract amount and a closing within the month of October 2004. The language found in the City Standard Contract allows the Buyer to complete due diligence including an environmental assessment. In the event of any adverse findings, the Buyer has the right to withdraw from the contract without penalty. This clause gives the buyer the right to cancel the contract by delivering written notice to the seller no later than 5:00 p.m. on the second business day after the investigation period has lapsed. Commentsl Recommendations: The contract purchase price is the appraised fair market value. In the event the City does not purchase this property, it is likely this property will be sold to a private investor. The Urban Group recommends accepting this offer. The Urban Group, Inc. . 1424 South Andrews Avenue. Suite 200 . Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 . FAX 954_522_6422 ..,.-~_.. ~ .~.- ~- ~--_.,~- -- '-~<~ Negotiation Summary & Recommendation for Settlement Lawton Mapp - 1407 NW 1st Street, Boynton Beach, Florida August 12, 2004 Page 2 y Submitted: g /'ð/O f I ' Maggie Pinares Date Realty Specialist ~~ )' Inc, Review fè( ¡a{o~ Barry Lazarus Date Project Manager City of Boynton Beach: Wally Majors Date Recreation and Parks Director City of Boynton Beach Board Approval: Date Chair, City of Boynton Beach Attachments: Appraisal Review Appraisal (2) Original Contracts Copies of Notices provided at Initiation of Negotiations CC: Howard Steinholz, Barry Lazarus, File ~'t)f- BOYNTON BEACH OFFER OF JUST COMPENSATION August 3, 2004 Mr. Lawton Mapp 1407 NW 1 Street Boynton Beach, FL 33435-3053 Dear Mr. Mapp: The purpose of this letter is to make you an offer of just compensation for your property located at 1407 NW 1 Street, Bovnton Beach, Florida 33435. Mr. D. Craig Keneipp, Certified General Appraiser; on behalf of the City of Boynton Beach, has established the amount of just compensation for your property at $50,000. This amount IS based on the fair market value established by an appraisal and approved by a review appraiser. The City of Boynton Beach proposes to purchase your property for the established fair market value stated above. Attached you will find a Summary Statement of Basis for the Determination of Just Compensation. If you have any questions about this matter, please do not hesitate to call me at (954) 522- 6226, ext. 114 or our toll free number (888) 522-6226, ext. 114. I look forward to hearing from you soon. Sincerely, THE URBAN GROUP, INC. Agents for City of Boynton Beach ?JJ7ól~ Maggie Pinares Realty Specialist Accompanying Attachments · Establishment of Just Compensation · Summary Statement of Offer of Just Compensation · Real Estate City Disclosure BB-WRC 08/04 >-~ ._-"'-----~~- ----- - - ~--_._-~~,""""'-"",---""-"~- -._>---._-- > "',,-,... > < <--. <-, < ...- ....... .,' .- --, '-'-..-,. "', ..-.' ". . - - . - , . - -.: -.~ < . . .' < -" , . , . , ' ........ . <'QUOf '. . . ',_ '. ~t BOYNTON 8£ACH ESTABLISHMENT OF JUST COMPENSATION PROPERTY LOC4TED AT 1407 NW 1 Street Boynton Beach, Florida An appraisal prepared and submitted by D. Craig Keneipp, indicates the fair market value for the property identified above to be $50,000. A review of this appraisal has been made by Mendel R. Westberry, MAl, the review appraiser, who has approved the fair market value established by the appraisal. Based on a review of the appraisal documents, and the review appraiser's approval of the appraisal documents and the estimate of fair market value established by the appraisal, I, Mendel R. Westberry, MAl, on behalf of the City of Boynton Beach, hereby established the just compensation for the property identified above to be $50,000. The City believes this amount to be the fair market value for the identified interest, and for the improvements (if any) identified. This just compensation amount does not include any consideration of decrease or increase in value attributable to the project for which it is being acquired. Relocation payments, if applicable, are not a part of this establishment of just compensation. mi] g )3/0 t.j /6~ . , Delivered By Date ~~~ ~\ß\M Receipt Acknowledged By Date BB-WRC 8/04 I ,,~ .... - >< 8EA1. . ·C'M : :' ~ .'- '. -": -,,,.-- t . ~_,.c'. _>._. .' ". .... .... c..' SUMMARY STATEMENT OF OFFER OF JUST COMPENSATION Mr. Lawton Mapp 1407 NW 1 Street PROJECT NAME: Wilson Recreation Center Boynton Beach, FL 33435 PARCEL NO.: 6.5 Dear Mr. Mapp: As you are probably aware, the City of Boynton Beach is in the process of acquiring private property for the above referenced project. A determination has been made that either a part or all of your property will be needed. A search of the Public Records of Palm Beach County has been made and it was determined that property, as described in the legal description attached in "Exhibit A" is owned by you. The interest being acquired in your property is a Fee Simple In addition, the following list will identify the buildings, structures, fixtures, and other which are considered to be part of the real property acquired, if any: Single Family Residence The City does not normally acquire personal property such as furniture and furnishings, clothing, and other similar items of personal effects or small unattached appliances in conjunction with redevelopment projects. However, if circumstances are such that this becomes necessary, the following list will identify those items of personal property being acquired. N/ A You are further advised that the City's offer of just compensation for the property required for the Wilson Recreation Center project is based on the Fair Market Value of the property and that the City's offer to you is not less than the approved appraised value of the property. The following represents a summary of the City of Boynton Beach's offer to you and the basis therefore: Land & Improvements $ 50.000 Real Estate Damages $ N/A Total $ 50.000 fhis statement of offer is not a contract if you agree to accept this offer, you will be required to sign a contract to sell. Any additional nformation you may require can be obtained through the City's Representative that contacted you. If the representative is not readily 3Vailable, please contact: The Urban Group Inc.. 1424 South Andrews Avenue. Suite 200. Fort Lauderdale. Florida 33316 (888) 522- 5226. ext. 114 or 110, Sincerely, THE URBAN GROUP, INC. Agents for City of Boynton Beach )7£2~ ~,-/1. Maggie Pinares , OJ}JL-'~~ <t/8/0t/ >elivered By :ltü~ . . Date ~b(~ ~eceipt Acknowledged By ~ Date ,B-WRC /04 _'_~_'__..-_-""""'__'" ..,.,__.<'0 ·__._-..-.,.,...______ .. .___ __ ...-.," I NO BROKERAGE RELATIONSHIP DISCLOSURE I FLORIDA LAW REQUIRES,THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you decide on representation. NO BROKERAGE RELATIONSHIP NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS. As a real estate licensee who has no brokerage relationship with you, THE URBAN GROUP. INC. and its associates owe to you the following duties: 1. Dealing honestly and fairly; 2. Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer. 3. Accounting for all funds entrusted to the licensee. ~\ß\{Y\ ~\~~ , Date Signature tThe Urban Group, Inc, . 1424 South Andrews Avenue. Suite 200 . Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 . FAX 954_522_6422 . www.theurbanorouD.com - . . - , . . - . - - - .. . . . . _.. _. 0" .' , , . - . , . . - . .'. ..... Ð····OF ' .. ...... .' ..') OOýNTON'BEACH '. ,:--~,. ~ NOTICE TO OWNER August 3, 2004 Mr. Lawton Mapp 1407 NW 1st Street Boynton Beach, FL 33435-3053 RE: 1407 NW 1st Street, Boynton Beach, Florida 33435 Dear Property Owner and Other Interested Parties: The purpose of this letter is to inform you that the City of Boynton Beach, herein known as the Agency, is interested in acquiring your property located at 1407 NW 1st Street Boynton Beach, Floridå 33435 . The Agency has identified the area in which your property is located as a "project" area in which the following improvements may be carried out: Wilson Recre¡:¡tion Center Because Federal financial assistance is involved, you are protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended. For your information and review, I have enclosed a copy of a brochure entitled, "When a Public Agency Acquires Your Property." The Agency wishes to disclose to you the following: 1. The acquisition would be considered an involuntary acquisition due to the fact that the Agency has the power of eminent domain and can acquire your property by condemnation. 2. In most cases, an appraisal and review appraisal are required to established what is just compensation (fair market value) of a property. 3. You, or someone you designate to represent you, will be offered the opportunity to accompany the appraiser during the inspections of your property. If your property is tenant-occupied, each tenant should be encouraged to not move, Each lawful tenant determined to be eligible as a displaced person will be assisted if the property is acquired. A representative of our Agency will contact each tenant to determine their eligibility for assistance under the URA. The Agency wishes to caution you that any tenant who moves into the property identified herein for possible acquisition after the initiation of negotiations, may not be entitled to displaced person assistance from the Agency. In the event you wish to provide housing to a ~--""""-""'------'~-""----=--""""""-,",,.,-----....--~.--. ~'__"-'_>_TA'__ .." -~-=, ----_-......-..... ~--'''''-. '" NOTICE TO OWNER August 3, 2004 Page 2 of 2 tenant after this date, and you personally wish to pay for such assistance, please contact the Agency before you allow the tenant to occupy or lease the unit since URA assistance for a displaced person can be quite expensive, If you wish to lease a vacant unit to a new tenant, but not be responsible for displacement assistance, be certain to have the attached Move-in Notice executed by the tenant pridt: to the tenant leasing and occupying your unit. NOTE: If the Agency determines that a person occupies a property, or is allowed to occupy a property, for the purpose of obtaining relocation assistance, the tenant will not be entitled to assistance as a displaced person. If you wish to discuss the Agencýs interest in acquiring your property, the contents of the brochure or this letter, or the acquisition process that is required, please contact Maggie Pinares, Realty Specialist, at (954) 522-6226, ext. 114 or our toll free number (888) 522-6226, ext. 114. Any correspondence or documents you wish to submit to the Agency should be mailed to: The Urban Group, Inc. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 Attention: Maggie Pinares This letter, and all future correspondence you receive from the Agency, are important and should be kept in a place of safekeeping. Sincerely, THE URBAN GROUP, INC. Agents for the City of Boynton Beach ~ Maggie Pinares Realty Specialist Enclosure r CITY OF BOYNTON BEACH AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT is made and entered into between CITY OF BOYNTON BEACH, (hereinafter referred to as "PURCHASER"), and Mr. Lawton Mapp, (hereinafter referred to as "SELLER"), WITNESSETH In consideration of the mutual agreements and upon and subject to the terms and conditions herein contained, the parties hereto agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Land/Property . That certain parcel of Land located in Boynton Beach, Florida, together with any improvements thereon if applicable. The Land is more particularly described on Exhibit "A" which is attached hereto and made a part hereof. The Land is also sometimes referred to herein as the "Property. » 1.2 Closing. The delivery of a Warranty Deed to PURCHASER concurrently with the delivery of the purchase price and other cash consideration to SELLER. 1.3 Closing Date. The date upon which the closing occurs, 1.4 Deed, A Warranty Deed, which shall convey the Land from SELLER to PURCHASER. 1.5 Earnest Money. The sum of One Hundred and no/l00 ($100.00) Dollars has been delivered from PURCHASER to Escrow Agent pursuant to Section 2.1 set forth herein. PURCHASER shall make an additional deposit in the amount of One Thousand One Hundred Dollars ($1,100.00) upon the expiration of the 60 day Inspection Period. 1.6 SELLER'S Address. 1407 NW 1 Street, Boynton Beach, FL 33435 Page 1 -,.--- ._-~----~..-----.... - . ...~-~- . ~ ~--<--~~-~"=> _.-....------_.....-~... ~-- - ·-~_~.__·.~,_,·_·c~·>__-- _~__!. 1.7 PURCHASER'S Address. City of Boynton Beach: 100 East Boynton Beach Boulevard, P.O. BOX 310, Boynton Beach, Florida 33425-0310, with copy to Donald J. Doody, Esquire, GOREN, CHEROF, DOODY AND EZROL, P.A., 3099 East Commercial Boulevard, Suite 200, Fort Lauderdale, Florida 33308. 1.9 Other Definitions. The terms defined in any part of this Agreement shall have the defmed meaning wherever capitalized herein, Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the tenns "herein", "hereof" and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE AND SALE. Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Land, previously identified on Exhibit "A", for the total purchase price of FIFTY THOUSAND DOLLARS and NOIlOO ($50,000.00) and upon and subject to the terms and conditions hereinafter set forth. 2,1 Earnest Money, PURCHASER has deposited and placed in an escrow account maintained by GOREN, CHEROF, DOODY AND EZROL, P.A. monies in the amount of ONE HUNDRED AND NO/l00 ($100'<)(» DOLLARS, The Escrow Agent is located at: GOREN, CHEROF, DOODY AND EZROL, P,A., 3099 East Commercial Blvd., Suite 200, Fort Lauderdale, Florida, 33308, This contract is contingent upon the Boynton Beach City Commission approving this agreement and the other contingencies set forth in Section authorizing the appropriate city officials to consununate the transaction, This contingency, together with any other contingencies Page 2 set forth in this Agreement, shall be fulfilled or waived by Purchaser within the Inspection Period, as defined in Section 3 hereof. 2.2 Balance of Purchase Price. PURCHASER shall pay the balance of the Purchase Price to SELLER at closing by cash or by certified check, or by wire transfer to SELLER'S bank account of current federal funds. 2.3 The Purchase includes all rights, title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof. The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of SELLER and (2) for any dam age to the Land due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; 3, INSPECTIONS. Buyer shall have until 5:00 P.M. on the date which is sixty- (60) calendar days (the "Inspection Period") after the execution of this agreement in which to conduct such investigations and inspections as to, among other things, the Property, the physical condition thereof, the environmental condition thereof, the market value thereof, the status, standing and transferability of any licenses applicable to the Property or any part thereof or any business operations conducted thereon, the feasibility of the purchase of the Property for Buyer's purposes, matters of zoning and all other matters with respect to the Property which are in Buyer's judgment relevant to Buyer's determination whether to purchase the Property or to terminate this Agreement and, without limitation to the foregoing, within which to obtain all necessary authorizations. Seller shall cooperate in good faith with Buyer in Buyer's efforts to investigate the Property during the Inspection Period. To the extent permitted by law, Buyer Page 3 ~"~''''___'_"_-';=q?'''''''''''''->~,»___ - I , ~ '-'-"""--'-~--~ ,__.,,_.~_._____ _d> ~__~ _~__~,"",,"'__>' ._.~"'-~~«~ ~"'-__J ~ shall indemnify Seller from and against any loss, damage, cost or expense incurred by Seller as a result of Buyer's inspection of the Property, and Buyer shall, following any such inspections, promptly restore the Property to the condition existing immediately prior to such inspections, If for any reason whatsoever, in Buyer's sole discretion, Buyer detennines during the Inspection Period that it does not wish to purchase the Property and to close the transaction contemplated hereby, Buyer shall have the absolute right to tenninate this Agreement by giving written notice of such tennination to Seller in the manner hereinafter provided for the giving of notices, prior to the expiration of the Inspection Period. Upon receipt of such notice the Deposit shall be returned to Buyer and thereafter this Agreement shall be deemed tenninated and of no further force and effect and both parties shaH be released and relieved of any liability or obligations hereunder. If Buyer does not provide notice of tennination prior to the expiration of the Inspection Period, then it shall be presumed conclusively that Buyer is satisfied with its investigation, and thereafter Buyer shall have no further right to terminate this Agreement in accordance with the provisions hereof, and, shall be obligated to close the transaction contemplated herein on the Closing Date. 4. CONDITION OF THE PROPERTY; DISCLAIMER OF REPRESENTATIONS. 4.1 Buyer hereby expressly acknowledges and agrees that except as and to the extent expressly provided to the contrary in this Agreement: (a) Seller makes and has made no warranty or representation whatsoever as to the condition or suitability of any portion of the Property for Buyer's purposes, (b) Seller makes and has made no warranty, express or implied, with regard to the accuracy of any information furnished to Buyer, and Seller shall not be bound by any statement of any broker, employee, agent or other representative of Seller, (c) Buyer will have made by the end of the Inspection Period a complete and thorough examination and inspection of all portions of the Land, on the basis of its inspection, Buyer is thoroughly familiar Page 4 with all portions of the Property (including without limitation, whether or not hazardous or toxic materials are or have heretofore been located on or under or generated from any portion of the Property), zoning, land use restrictions, utility availability and hook up costs (including, without limitation, whether or not septic tanks are pennitted or prohibited) and all other matters relevant to Buyer, (d) Buyer will have determined by the end of the Inspection Period that the condition of all portions of the Property is satisfactory to Buyer, (e) notwithstanding the nature or extent of the inspections Buyer has made, Buyer shall purchase and accept every portion of the Property in its condition without requiring any action, expense or other thing or matter or matter on the part of the Seller to be paid or perfonned and, upon acceptance of the Deed at Closing. (t) Buyer will have obtained by the end of the Inspection Period all necessary approvals for its purchase of the Property, including, without limitation, if the Buyer is a municipality or agency of any government, all necessary authorizations from any council, commission, governing board, and the like, together with all necessary appraisals to fulfill the requirements of law relating to the value of the Property for purchase, all the foregoing of which shall be deemed to have been acceptable to Seller and fully approved as required by law, and (g) Seller makes and has made no warranty, express or implied, concerning any portion of the Property, its condition, the use to which it may be put, any environmental matters, or any other thing or matter directly or indirectly related thereto or hereto. In accordance with Section 161.57(2) Florida Statues, Buyer hereby waives being furnished any infonnation by Seller related to whether or not any portion of the Property lies seaward of any coastal construction control line (as defined in Section 161.053, Florida Statutes) and any such infonnation shall be compiled by Buyer, if Buyer desires, at Buyer's sole cost and expense (the foregoing is not a condition to Closing, and regardless of the infonnation learned, Buyer shall not be entitled to terminate this Agreement). The provisions of this section shall survive Closing and delivery of the deed of conveyance. Page 5 ... __u__~ _~ <.,,_..........._-.;....______...~.....,_,..___.... >_~ 5. EVIDENCE OF TITLE. 5.1 Title to the Land. SELLER shall convey to PURCHASER at closing, by delivery of a Warranty Deed, regarding the subject Land, subject to all easements and restrictions of record. Within ten (10) days of the execution of this Agreement, Purchaser shall secure a title insurance commitment insuring PURCHASER'S title to the Land subject only to those exceptions set forth in the commitment and acceptable to PURCHASER. All costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. PURCHASER shall have ten (10) days from the date of receiving said commitment to examine said commitment. If PURCHASER objects to any exception to title as shown in said commitment, PURCHASER shall within ten (10) days of receipt of said commitment, notify SELLER in writing specifying the specific exception(s) to which it objects, Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within ten (10) days after PURCHASER has provided notice to SELLER. Within two (2) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (1) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection, If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure notice specifying an uncured objection, in which event all instruments and monies held by the Escrow Agent shall be immediately returned to PURCHASER; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the Page 6 uncured objection. 5.2. Survey and Legal Description. During the Inspection Period, PURCHASER shall order: (i) a true, complete and reproducible tracing of a current survey map (current is defined to be certified within fifteen (15) days of the date of the Agreement), prepared by a registered Land surveyor or engineer licensed in the State of Florida showing the boundaries of the Land, and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of Land contained in the Land, improvements and encroachments; and (ii) a correct metes and bounds legal description of the Land which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Land. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. In the event the survey shows any material encroachments, strips, gores, or any portion of the Land non-contiguous to any other portion of the Land or any other matter materially affecting the intended use or marketability of title to the Land (any such matter is herein called a "survey objection" and treated as a title defect), PURCHASER shall have a period of ten (10) days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASER'S use of the Land as a self Page 7 ,~"~,.......<=~~""",...--.,,,...... ~ - "'- -------..~ , ~ -~..-,~ .----~ storage facility. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER, the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.1 hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.1. 6.0 RISK OF LOSS. 6.1 Risk of loss or damage from fIre, other casualty, or both, is assumed by SELLER until the deed described in Paragraph 5.1 hereof is delivered by SELLER to PURCHASER. (a) In the event the Land, or any portion thereof, is condemned by any governmental authority under its power of eminent domain or becomes the subject of a notice of condemnation, PURCHASER may elect to tenninate this Agreement, in which event the entire deposit and interest shall be returned to PURCHASER and neither party shall have any further claim against the other, or PURCHASER may elect to complete settlement hereunder, in which event SELLER shall assign to PURCHASER all of SELLER'S right, title and interest in and to any condemnation awards, whether pending or already paid. 7, TRANSFER OF TITLE SUBJECT TO, The Land shall be conveyed subject only to those exceptions as set forth in paragraphs 2.3,5.1 and 5.2 and to: (a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone easements of record provided that they are used to service the Land, (b) Unpaid assessments payable after the date of the transfer of title, 8. ADmSTMENTS AT CLOSING. In the event that, following the Closing, the amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of Page 8 the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate. This provision shall survive the Closing. 9. CLOSING DATE AND PLACE. The closing will take place at an office and time mutually agreed upon no later than (15) days subsequent to the expiration of the inspection period, time being of the essence. 10. DEFAULT. If the PURCHASER shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this agreement, the deposit and interest shall be forfeited to SELLER as agreed upon liquidated damages. In the event of such default by PURCHASER, SELLER'S sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest, if any, and PURCHASER shall have no other responsibility or liability of any kind to SELLER by virtue of such default. In addition to the other remedies which PURCHASER may have specifically set forth in this Agreement in the event of SELLER'S default, PURCHASER shall be entitled to equitable relief to enforce the terms and conditions of this Agreement either through a decree for specific performance or injunctive relief. 11. COSTS, SELLER shall be responsible relative to the costs and expenses related to the documentary stamps affixed to the Warranty Deed. The costs related to the survey, the appraisal and the costs and expenses incurred relating to the recording of the Warranty Deed and obtaining an Owner's Title Policy shall be the responsibility of the PURCHASER. 12, SELLER'S WARRANTIES. SELLER hereby acknowledges and warrants to the best of its knowledge that all of the following statements are true and correct as of the date of Closing and shall survive the closing. (a) There are no leases, letting or tenancies affecting any part of any of the Land except tenant leases and there are no written or oral promises, understandings, Page 9 ~ .O-___-___...._~_._.Å._ -~~""~~'''__~o.->-=--~__~....,__-_. »'---.-~- . .--.¡..-- agreements or commitments between SELLER (or any predecessor of SELLER) and any tenant or other person affecting the Land. (b) DELETED. (c) SELLER is not in default in any of SELLER I S obligations to any supplier of any materials or services obtained or to be used in connection with the property. All of the representations, warranties and covenants of SELLER contained in this Agreement or in any other document, delivered to PURCHASER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of closing, just as though they were made at such time, 13. PURCHASER'S WARRANTIES. PURCHASER hereby acknowledges and warrants to the best of its knowledge that all of the fol1owing are true and correct and all shall survive the closing: (a) PURCHASER has full power and authority to enter into this Agreement and to assume and perfonn all of its obligations hereunder. (b) The execution and delivery of this Agreement and the perfonnance by PURCHASER of the obligations hereunder have been duly authorized by the PURCHASER as may be required, and no further action or approval is required in order to constitute this Agreement as a biIiding obligation of the PURCHASER. 14. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law, If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this agreement. 15, CONTINGENCIES, PURCHASER'S obligations under this Agreement is Page 10 contingent upon: (a) The PURCHASER obtaining authorization from the City Commission of BOYNTON BEACH authorizing the City officials to consummate this transaction. (b) The PURCHASER obtaining one (1) appraisal from appraiser pursuant to Section 253.025 (6)(b) of the Florida Statutes (2001). The appraisal shall show the Land to have an appraised value equal to or exceeding the Purchase Price as set forth in Section 2. In the event the appraisal value does not equal the Purchase Price, the City Commission may elect to terminate this Agreement. (c) The PURCHASER obtaining a satisfactory Environmental Phase I Audit. In the event, the Environmental Audit is not satisfactory, the City Commission may elect to terminate this Agreement. (d) If upon the expiration of the inspection period the City determines that the Land is unsuitable for any intended use, they may elect to terminate this agreement and receive an immediate return of the deposit. Notwithstanding anything to the contrary contained in this Section 15 or elsewhere in this Agreement, the foregoing contingencies shall be fulfilled or waived by Purchaser in their entirety within the Inspection Period. In the event that the purchaser has not furnished Seller with written notice of termination of this Agreement during the Inspection Period in the manner herein for providing notices, it shall be conclusively presumed that any and all contingencies to the Purchaser's obligation to purchase the Land in accordance with the terms and conditions of this Agreement have occurred, been performed and/or waived, and the Purchaser shall be obligated to purchase the Land on the closing date. 16. NO LIABIliTY. Unless this Agreement is executed by both parties within the Page 11 . -~~~.- -- specified time period, neither party shall be obligated to perform the covenants herein contained. 17. EFFECTIVE DATE. Unless both SELLER and PURCHASER execute this Agreement by September 30, 2004, this Agreement shall be null, void and ineffective. This Agreement shall be deemed effective as of the last date that the document is executed by either PURCHASER or SELLER. 18. GOVERNING LA W. This Agreement shall be governed by the laws of the State of Florida. 19. ENTIRE AGREEMENT, All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 20, NO ORAL CHANGE, This Agreement may not be changed or amended orally. 21. SUCCESSORS. This Agreement shall apply to and bind the distributees, executors, administrators, successors and assigns of SELLER and PURCHASER. 22. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time, Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 23. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be and shall be taken to be an original and all collectively deemed one instrument. 24. The parties hereto agree that a facsimile copy hereof and any signatures hereto shall be considered for all purposes as originals. 25. BROKER: Page 12 a) Seller represents that it has not listed the property for sale or otherwise entered into any agreement for the payment of a real estate brokerage commission regarding the sale of the property with any broker or any other person entitled to be paid a brokerage commission in accordance with Florida law. b) Seller hereby indemnifies and holds Purchaser harmless from and against all liability, cost or expense, including reasonable attorney's fees whether trial be brought or not, in the event the representations of Seller are false or incorrect or in the event of any claim that is made against Purchaser, by any person who claims to be entitled to a real estate brokerage commission as a result of having entered into an express agreement with the Seller for the payment of a commission Page 13 ___ _ 4_._Ç~__..__~_~~__ _~__~~~_....~__ _~~~_.~_~. ...o:;._____-'-~.~ .-~ _ '>----·-__~___~t· IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below. WITNESS: PURCHASER: CITY OF BOYNTON BEACH, a Florida Municipal corporation (Print Name t) BY: Mayor (Print Namet) DATE: SELLER: LA WTON MAPP (Signa~ ~ ~~ \'I\a.~Q (Print Name) DATE: ~\~\M WITNESS: ESCROW AGENT GOREN,CHEROF,DOODY AND EZROL, P.A, (Print Namet) By: (Print Namet) DATE: H:\200I\OI0078\Agreement for Purchase and Sale (Draft 3).doc Page 14 EXHIBIT "A" Property Address: 1407 NW 1st Street¡ Boynton Beach¡ FL Legal Description: The north 50.00 feet of lots 519 and 520 of Cherry Hills according to the plat thereof as recorded in plat book 4¡ page 58 of the public records of Palm Beach County¡ Florida Property ID: 08434521140005192 Page 15 -.---~--._--~-"----...,~~ -~--- '-<--~-~'~----~-,~--. .- ...,--"<--",,--~-;...-----.;;.~----~.... - - VI.-CONSENT AGENDA ITEM C.l0. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting: Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 D August 17,2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 I:8J September 7, 2004 (Noon) August 16,2004 o November 3,2004 (Noon) October 18, 2004 o September 21 , 2004 (Noon) September 7,2004 o Novemberl6,2004 (Noon) November I, 2004 0 Administrative 0 Development Plans a NATURE OF IZJ Consent Agenda 0 New Business Q .::-; -t '~-< AGENDA ITEM 0 Public Hearing 0 Legal :::>' -<.0 --- 11 ',- .::> 0 Bids 0 UnfInished Business c;, -ro I :-<: C} 0 Announcement 0 Presentation ()1 ;~'J -< ~:..z 0 City Manager's Report ~ r./; ...... =~ <::) .::;:) :z:: ,,0 --'1 -TjCXJ -~ RECOMMENDATION: Approve Subgrant Agreement for Equipment for Florida Strategy. c..> C""Jþ -.J í"1('") :r: EXPLANATION: This program is in conjuction with the U.S Department of Justice, and allows the State of Florida to participate in the State and Local Domestic Preparedness Equipment Program. Grant funding will be used for training and equipment to enhance the already-existing capabilities of the Fire Rescue Department's Technical Rescue Team. The City is responsible for providing Technical Rescue and Urban Search and Rescue Services within the City of Boynton Beach, and in extreme circumstances, regionally and statewide. PROGRAM IMPACT: The scope of this program is similar to existing cooperative state agreements such as the Statewide Mutual-Aid Program of which the department has participated for many years. The level of expertise and sophistication of our current Special Operation Program makes the BBFRD a natural fit for this program. Grant funds will be available for additional training and for equipment not yet carried on our SPOPS vehicle, consistent with the required inventory for participation in this program. FISCAL IMPACT: The equipment purchased by this grant funding (Approximately $19,000 - $20,000 per participant is available), and ongoing specialized training will not need to be funded in the regular budget process. While the chances of incurring personnel costs as a result of our participation is remote, it will be handled in the same way as currently applied to statewide emergencies, which, once declared, are generally reimbursable by the state. ALTERNATIVES: Do not approve this Agreement. The Fire Rescue Department will continue to provide Technical z~~~r..dtbe.='~eq.~ Department He s Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources FIRE RESCUE S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC , , , , I I 1 RESOLUTION NO. R 04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 THE EXECUTION OF THE SUBGRANT AGREEMENT 6 FOR EQUIPMENT FOR FLORIDA STRATEGY BETWEEN 7 THE CITY OF BOYNTON BEACH AND STATE OF 8 FLORIDA, DEPARTMENT OF FINANCIAL SERVICES; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, upon recommendation of staff, the City Commission has determined that 12 it is in the best interests of the residents of the City to execute a Subgrant Agreement for 13 Equipment for Florida Strategy, in conjunction with the U.S. Department of Justice and 14 allows the State of Florida to participate in the State and Local Domestic Preparedness 15 Equipment Program. 16 17 NO'V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinned as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby authorizing execution of the Agreement with the State of Florida, Department of 26 Financial Services, which is attached hereto as Exhibit "An. 27 28 PASSED AND ADOPTED this _ day of September 2004. 29 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 33 Mayor 34 35 36 Vice Mayor 37 38 39 Commissioner 40 41 42 Commissioner 43 44 45 Commissioner 46 ATTEST: 47 City Clerk ~B s:ca\Rcso\Agr\Pahn Beach Post!' Subgrant Agmt for Equipment for Florida Strategy :: -- - -,-_0-- ___ _~~._ . _.- ~'~<~..-··c_"· --,~ _._"-- :-,-.., .--~'..~...- "'-_.-- ".- . -,,_....-.......---~- - -..- Contract Number: _ -NF-OO-OO-OO-OO-_ CFDA Number: 16.007 SUBGRANT AGREEMENT FOR EQUIPMENT FOR FLORIDA STRATEGY (DOJ Funding Cycle 2002-(4) THIS AGREEMENT is entered into by and between the State of Florida, Department of Financial Services, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and City of Boynton Beach Fire Rescue Services (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the State of Florida is vulnerable to a wide array of disasters, which includes disasters caused by terrorist acts; and B. WHEREAS, the parties desire to improve the capability and the coordination of the State of Florida and its local and regional agencies of government to respond to terrorist acts; and C. WHEREAS, the Department has prepared and had approved by the u.S. Department of Justice, the State and Local Domestic Preparedness Equipment Program Florida Strategy, dated September 20, 2001 ('the Florida Strategy"), to allow the State of Florida to participate in the State and Local Domestic Preparedness Equipment Program; and D. WHEREAS, the Department bas received tbese grant funds from the federal government and bas the authority under the Emergency Management Act, as amended, to subgrant these funds and to otherwise provide assistance to improve the disaster response capabilities of local governments; and E. WHEREAS, the Recipient represents that it is ful1y qualified and eligible to receive these grant funds to provide the services identified herein; and F. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Scope of Work, Attachment B of this Agreement. (2) INCORPORATION OF LAWS, RULES. REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment A. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon exccution by both parties and continue for the nonnal operating lifetime or shelf life of said goods and equipment, unless tenninated earlier in accordance with the provisions of paragraph (7) of this Agreement. The condition and/or depletion of equipment will be reported annually as required by the Scope of Work, Attachment B of this Agreement. (4) MODIFlCA nON OF CONTRACT. Either party may request modification of the provisions of this Agreement. Changes, which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each ofthe parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's perfonnance under this Agreement shall be subject to the federal "Common Rule: Unifonn Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-II 0, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A- 122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2, (b) The Recipient shall retain sufficient records demonstrating its compliance with the tenns of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 2 -.-~-- . ,. >--~----","-- ___,.,._~._~h=_~ I. If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved, 2. Records for the disposition of non-expendable personal property valued at $5,000 or Imre at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) A11 records, including supporting documentation of a11 program costs, shall be sufficient to determine compliance with the requirements and objectives ofthe Scope of Work - Attachment B - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8 :00 a.m. to 5 :00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (e) Any additional terms and conditions pertaining to recordkeeping and all terms and conditions pertaining to property management and procurement under this Agreement are set forth in attachments. (6) LIABILITY. (a) Unless Recipient is a State agency or subdivision as defined in Section 768.28, Fla.Stat., the Reciprnt shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla, Stat~ agrees to be fu11y responsible to the extent provided by Section 768.28, Fla. Stat., for its negligent acts or omissions or tortuous acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign 3 immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (7) DEFAULT: REMEDIES: TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further donations or payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: I. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall materially fail to keep, observe or perfoTID any of the terms or covenants contained in this Agreement or any previous agreement with the Department, and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time and date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been knowingly submitted with substantial information that is incorrect, incomplete or insufficient infoTIDation; 4. Ifthe Recipient has failed to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as AttachmentB. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, 4 .,_,___o_~_~..,;-=-,_~_ H- ,,_ .._._+_,_~ - , ~_._-,~-,,~~-~---<-~-....,,-..- ,-.¡.., .....~-"""'-~..-.~-~ exercise anyone or more of the following rerœdies, either concurrently or consecutively, and the pursuit of anyone of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Tenninate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such tennination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (8) herein; 2. Commence an appropriate legal or equitable action to enforce perfonnance of this Agreement; 3. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional infonnation from the Recipient to detennine the reasons for or the extent of non-compliance or lack ofperfonnance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items detennined to be ineligible; 4. Exercise any other rights or remedies, which may be otherwise available under law; (c) The Department may tenninate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perfonn in a timely manner; and refusal by the Recipient to pennit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Non compliance with any tenns of this Agreement and the Scope of Work, Attachment B of this Agreement, by the Recipient shall result in tennination of Agreement, which will require return of the said goods and equipment to the Department. (e) Suspension or tennination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or tennination shall include notice of administrative hearing rights and time frames. S (f) In addition to any other remedies, the Recipient shall return to the Department any granted equipment or supplies which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (g) This Agreement may be terminated by the written mutual consent of the parties. In addition, the Recipient or the Department has the option to unilaterally terminate this Agreement. Upon termination of the Agreement, either by mutual consent or unilateral action of either party, all supplies and equipment must be returned to the Department by the Recipient. (8) NOTICE AND CONTACT, (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The Department designates Allen Lovvorn, Division of State Fire Marshal, as the Departrrent's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at: Department of Financial Services Division of State Fire Marshal 11655 NW Gainesville Rd. Ocala, FL 34482 Telephone: 352/369-2829 Fax: 352/732-1433 Email: lovvorna@dfs.state.fl.us The Project Officer for this Agreement also is Allen Lovvorn. He can be contacted for technical assistance relating to this Agreement at the above address, telephone 352/369-2829 or e-maillovvorna@dfs.state.fl.us 6 ~ ---< ,---.--.;~----~---- ~_._ _~ _~__.._ ~o~_~~ ~-"."",_.~.._.. .-,-- '---'<~ ,-,~--~--- ~-~ """'_~_TÞ""OO --.,,--~ (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Name William Bingham Agency City of Boynton Beach Fire Rescue Services Team NameINumber 745 Telephone: (561) 742-6331 Fax: (561) 742-6334 Email binghamw@ci.boynton-beach.fl.us (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in(8)(a) above. (9) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof, or any material changes shall, at the option ofthe Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws ofthe State of Florida, and venue for any actions arising out of this Agreement shaUlie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null' and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or rerredy of the 7 Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the tenns of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101- 336,42 u.s.c. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: I. are not presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission offraud or a criminal offense in connection with obtaining, attempting to obtain, or perfonning a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental 8 . "r_ _~ ______-.- __...........___........_r .-.. entity (federal, state or local) with commission of any offenses enumerated in paragraph 9(g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any ofthe statements in this certification, such Recipient shall attach an explanation to this Agreement. (0) AUDIT REOUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generaHy accepted accounting principles, to account for the receipt and expenditure of federal resources under this Agreement. (b) These records shaH be available at aH reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shaH mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shaH also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the federal resources awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions ofOMB Circular A-133, as revised. EXHIBIT I to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit oftbe Recipient conducted by tbe Auditor General in accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements ofthis paragraph, In connection witb the audit requirements addressed in Paragraph I O( d) above, the Recipient shall fulfill 9 the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A - 133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i,e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the Recipient directly to each of the following: Department of Financial Services Division of State Fire Marshal 11655 NW Gainesville Rd. Ocala, FL 34482-1486 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(I) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East Hih Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A- 133, as revised. (t) Pursuant to Section .320 (t), OMB Circular A-B3, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-B3, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: 10 _.<-~ .._,. ......~ <_ ",~_.___,,___._. ._ '0- _ .-,-.....----~""""- ----«_..~.."'~------ Department of Financial Services Division of State Fire Marshal 11655 NW Gainesville Rd. Ocala, FL 34482-1486 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-B3, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-B3 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (11) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. Please note that the equipment provided is not all inclusive and the recipient is required to provide a Basic Life Support Kit (or Advanced Life Support Kit if a state permitted ALS provider), disposable blankets and a backboard with straps. Additional optional equipment that is desirable to better perform the mission, but is not provided by this Agreement may be found in the document "F ASAR Resource Typing Policy 2004" (Florida Association of 11 Search and Rescue) on their webpage httD://www.ffca.org/fasar index.htm (12) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit I: Funding Sources Attachment A: Program Rules and Regulations Attachment B: Scope of Work and Equipment List (13) FUNDING/CONSIDERATION This is a goods, equipment and supplies grant Agreement. The Department will grant to the Recipient certain equipment and supplies in order to fulfill the purposes of the Florida Strategy. (14) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat., or the Florida Constitution. (b) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (c) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (d) The Department of Financial Services reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (e) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions 12 ,-. ~- -,.. < ~d-'" .... _ ,-.~-~~~_.....,.._~~_-..",;>-,--~~-''''--~--~-._^--. contained in 8 U.S.c. Section 1324a(e) [Section 274A(e) ofthe Immigration and Nationality Act ("INN')). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (I5) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (16) RECEIVING AND INSPECTION CONTACT. The name ofthe person responsible to sign for and inspect all goods and equipment provided under this agreement is William Bingham at the shipping address: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES BY: BY: Name: Randall W. Napoli, Director Title: Division of State Fire Marshal Date: Date: FElD# STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES BY: Paul Mitchell, Chief of Staff Department of Financial Services Date: 13 EXHffiIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program: United States Department of Justice, Office of Justice Programs (Funding Cycle 2002- 04) CFDA: 16.007 Equipment Value: Not to exceed $19,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below, Federal Program: Department of Justice Domestic Preparedness Equipment Grant must be used to purchase equipment for use in DOJrestic Preparedness off the Department of Justice Authorized Equipment List. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Chemical, Biological and Radiological Detection Equipment, Personal Protective Equipment, Decontamination Equipment, and Communications Equipment. SUBJECT TO SECTION 215.97. FLORIDA STATUTES: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to tbe recipient, 14 .,.,--~-~ --,,-~<- .- ~_._o~· ,- ._- -~-..> ~,~_","s<__..._,_,. rr¡ Attachment A Program Statutes and Regulations Chapter 252, Florida Statutes 28 C.F .R. 15 Attachment B Scope of Work Type IV Light Technical Rescue Team If applicable to the Recipient, this agreement is entered into as an addendum to current statewide mutual aid agreements and is for the purpose of receiving specialized equipment and participation as a State of Florida Response Asset. The Recipient shall maintain ownership (limited by Paragraph 5 below) of said goods and equipment, in a satisfactory operational condition, provided to it under this agreement (see Equipment List below) for the nonnal expected operating lifetime or shelflife of said goods and equipment. This inc1udes routine maintenance, repairs, calibration, etc, The Recipient is not responsible for replacing goods or equipment that has reached the end of its nonnallife expectancy or exceeded its posted sheiflife. The Recipient shall replace and potentially be reimbursed through local, state, or federal reimbursement processes or agreements for, all disposable goods and supplies expended for emergency response, training, or exercises conducted in accordance with the Florida Comprehensive Emergency Management Plan. The Recipient will be given preference with respect to access to additional funding that may allow for equipment maintenance, replacement or repair, as weIl as training and exercises. At this time the parameters to any additional monies have not been defined. Recipient will be notified if additional monies become available. The equipment, goods, and supplies ("the eligible equipment") provided under this agreement are for the pmposes specified in the State and Local Domestic Preparedness Equipment Program Florida Strategy, hereinafter referred to as the "Florida Terrorism Strategy" or the Florida Comprehensive Emergency Management Plan. The Recipient specifically agrees to: 1. Participant agrees to provide Type IV "Light Technical Rescue Team" urban search and rescue capability to the citizens of Florida primarily in their jurisdiction, and region. 2. Response for local emergencies are not subject to reimbursement unless in accordance with the statewide mutual aid agreement or other emergency response purpose as specified in the "Florida Terrorism Strategy" and within the State. Participant agrees to respond with equipment and personnel to incidents requiring an urban search and rescue effort in their jurisdiction, regionaIly, and if requested for a statewide response, for so long as this Agreement remains in effect. Prior to requesting a response, the Department will take prudent and appropriate action to detennine that the level or intensity of the incident is such that the specialized equipment and resources are necessary to mitigate the outcome of the incident. Any State request for deployment of the Team shall be preceded by a "Mission Number" to be issued by the State of Florida, Division of Emergency Management and/or Division of State Fire Marshal, or other mechanism that provides for the reimbursement of costs associated with said deployment. 3. During the tenn of this agreement, the Recipient shall participate in not less than three (3) regional training events per year, and in not less than one (I) regional exercise or terrorist event simulation per year as directed by the Department, 4. The Recipient shall submit an annual report to the Department, which is due to be received by the Department no later than January 31 for the previous calendar year. This Report will verifY the participation in the activities as required by Paragraph 3, as well as the condition and/or depletion oftbe equipment. 5. The Recipient shaIl not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise dispose of the eligible equipment witbout the prior written consent oftbe Department. 6. The Recipient is responsible for tbe transportation of personnel and conveyance of equipment. Six (6) trained team members and the equipment shall be deployable in less than one hour for local or regional response. 16 ... . ...... --~_.~~--- -~,-,~""""",-----" - - -~--."'<-~-""" >.--< --__~___''__L.:O''____~.· . .-'>-' . ,<--_.-~- .,~-...........,----- VI.-CONSENT AGENDA ITEM C.II. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission MeetinQ Turned in to City Clerk's Commission MeetinQ Dates Turned in to City Clerk's Office Dates Office [] August3,2004 (Noon.) July 19, 2004 [] October 5,2004 (Noon) September 20,2004 [] August17,2004 (Noon)August2,2004 o October 19, 2004 (Noon) October 4,2004 t8J September 7, 2004 (Noon)August16,2004 o November 3, 2004 (Noon) October 18, 2004 [] September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon)November1,200~ C'") (J:::¡ :::;-< > -<0 c= -." [] Adm inistrative [] Development Plans C'J (J í- c:I - p"C) NATURE OF t8J Consent Agenda [] New Business en :;..-:-( AGENDA ITEM [] Public Hearing [] Legal ---ry ~::z (.') --.¡ -- C) [] Bids [] Unfinished Business .- 524 .. -~r_D 0 Announcement 0 Presentation C) ;:::: ;-" 0 en i',<:; City Manager's Report :;¡: RECOMMENDATION: Staff recommends Commission approve a revision to the current State Housing Initiatives Partnership (SHIP) Mortgage Program to provide for the purchase contract to run concurrent with the mortgager's first mortgage. EXPLANATION: The current SHIP mortgage is a ten (10) year, interest free document that forgives 1/10th of the mortgage amount annually. The new mortgage would run concurrent with the first mortgage, with forgiveness onlv at the end of the term. Should the homeowner decide to refinance, rent, or sell the property, the full amount of the mortgage would be repaid. PROGRAM IMPACT: This practice is currently being used by Palm Beach County with their program, and municipalities around the state are adopting the same practice. The SHIP program was almost written out of the State's current budget, and this strategy was devised to enable it to continue assisting future homeowners. FISCAL IMPACT: This new practice will create a permanent source of revenue, should the funding ever be discontinued by the State, and allow the City Of Boynton Beach to continue assisting current and future homeowners. Continue with the mortgage as is, or devise a new strategy for the recapture of funds. ~nawre Department of Development Community Improvement Division Department Name City Attorney / Finance / Human Resources S:\Community Improvement\Agenda Requests\2004\CC9-7SHI PMortgage.doc · . 1 RESOLUTION R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE AMENDMENTS TO THE 5 STATE HOUSING INITiATIVES PARTNERSHIP (SHIP) 6 MORTGAGE PROGRAM; AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, the City Commission of the City of Boynton Beach hereby approves 10 the revisions to the current State Housing Initiatives Partnership Mortgage Program, 11 providing for the purchase contract to run concurrent with the mortgager's first mortgage; 12 and 13 14 WHEREAS, the current SHIP mortgage is a ten (10) year, interest free document 15 that forgives 1/1 Oth of the mortgage amount annual1y, and; 16 17 WHEREAS, the new mortgage would run concurrent with the first mortgage, 18 with forgiveness only at the end ofthe tenn, and; 19 20 WHEREAS, this practice is currently being used by Palm Beach County and 21 municipalities around the state are adopting same practices. 22 23 WHEREAS, upon the recommendation of staff, the City Commission deems it to 24 e in the best interests of the citizens and residents of the City of Boynton Beach to 25 approve the revision to the current State Housing Initiatives Partnership (SHIP) Mortgage 26 Program. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 29 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 31 Section 1. The foregoing "Whereas" clauses are true and correct and are 32 ereby ratified and confinned by the City Commission. 33 34 Section 2. The City Commission of the City of Boynton Beach, Florida, 35 36 ereby approve the revisions to the State Housing Initiatives Partnership (SHIP) 37 38 ortgage Program. 39 40 41 Section 3. This Resolution shall become effective immediately upon passage. 42 43 PASSED AND ADOPTED this _ day of September, 2004. 44 45 46 :\CA \RESO\Administrative\SHIP Housing Initiative Mortgage Program. doc ,-.., ---...-------......' --- ,---- ~ _'___c....._...-._. _ ~____"'"_-__G___..d_ ~ .-'.-.--..---.-.-. '-~ --~----..------~----~--'-_...... . I CITY OF BOYNTON BEACH, FLORIDA 2 3 4 Mayor 5 6 7 Vice Mayor 8 9 10 Commissioner II 12 13 Commissioner 14 IS 16 Commissioner 17 ATTEST: 18 19 City Clerk 20 21 (Corporate Seal) 22 23 24 S:\CA\RESO\Administrative\SHIP Housing Initiative MOrtgage Program.doc EXHIBIT "A" ,---,-~----,-"".~¥...,.....""" . - -, ~- .. ---~..~-..-'""..-~--"- -----;'^-~----«~-~~<_....-- -- -~--~,-~--_...._.~..._-.---~ This instrument was prepared by: The City Of Boynton Beach Post Office Box 310 Boynton Beach, Florida 33425-0310 Return to: Community Improvement SECOND MORTGAGE AND SECURITY AGREEMENT THIS SECOND MORTGAGE AND SECURITY AGREEMENT ("Mortgage"), made this day of between whose post office address is: (hereinafter called "Mortgagor") and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, as Mortgagee and Secured Party, whose post office address is: 100 East Boynton Beach. Florida 33435, (hereinafter called the "Mortgagee"). WITNESSETH: WHEREAS, is justly indebted to the Mortgagee in the principal sum of and 00/100 Dollars ($.00) as evidenced by a certain Promissory Note ("Note") of even date herewith, executed by and delivered to Mortgagee, payable according to the terms therein provided, and by reference being a part hereof to the same extent as though set out in full herein; and WHEREAS, this second mortgage is an interest-free deferred payment loan instituted under the City of Boynton Beach SHIP Program in which the Mortgagor holds the note and mortgage, and the loan will be paid upon the sale of the property if sold short of the term of the first mortgage or upon Mortgagor's default. NOW THIS INDENTURE WITNESSETH, to secure the performance and observance by of all the covenants, conditions and agreements in the Note, this Second Mortgage, and any other instrument, agreement or document collateral to or executed or delivered in connection with the loan transaction, (collectively the "Loan Documents"), and in order to charge the properties, interest and rights hereinafter described with such payment, performance and observance, and for and in consideration of the sum of TEN ($10.00) DOLLARS paid by and for other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the Mortgagor does hereby grant, bargain, sell, alien, remise, release, convey, assign, transfer, mortgage, hypothecate, pledge, deliver, set over, warranty and confirm unto the Mortgagee, its successors and assigns forever; ALL that certain piece, parcel or tract of land in which the Mortgagor has a fee simple interest situate in the County of Palm Beach, State of Florida (hereinafter called the "Land"), more particularly described as follows: , according to the 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 ,Page Property address: , Boynton Beach, FL 33435 PCN: 08-43-45- TOGETHER WITH all lands, buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment, furniture and other personal property of every nature whatsoever now or hereafter owned by the Mortgagor and located in, on, or used or intended to be used in connection with the operation of the Land, building, structures or other improvements, betterments, renewals, and replacements to any of the foregoing; and all of the right, title and interest of the Mortgagor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Mortgagor or on Mortgagor's behalf; TOGETHER WITH a security interest in (i) all property, equipment and fixtures affixed to or located on the Mortgaged Property, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property, (ii) all articles of personal property and all materials delivered to the Mortgaged Property for the use and operation of said property or for use in any construction being conducted thereon, and owned by Mortgagor; (iii) all contract rights, including construction contracts, service contracts, advertising contracts, purchase orders, equipment leases, all other contract rights associated with the Mortgaged Property, general intangibles, actions and rights of action, all deposits prepaid expenses, permits, licenses, including all rights to insurance proceeds, (iv) all right, title and interest of the Mortgagor in all trade names and trademarks hereinafter used in connection with the use of the Mortgaged Property, and (v) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing. Mortgagor hereby grants to Mortgagee, as a secured party, a security interest in all fixtures, rights in action and personal property described herein. This Mortgage is a self-operative security agreement with respect to such property, but Mortgagor agrees to execute and deliver on demand such other security agreements, financing statements and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. In addition to those specified herein Mortgagee shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Page 2 of 11 ._,__ _,. _·T____ _.~~~~_=-..~,=__ . .......------.-. _ __m~_,___.__.__,"_____~_'_"L~" ,,----~-. __. _~r___ __----=-<""A__. -~ __~_._.-,.~.¡o.. ~_..~=._~. ARTICLE ONE PARTICULAR COVENANTS OF MORTGAGE 1.01 Peñormance of Note and Mortgage. The Mortgagor will perform, observe and comply with all provisions hereof, of the Promissory Note (hereinafter referred to as "Note") secured hereby and any of the other Loan Documents, and will promptly pay to the Mortgagee the sum of money expressed in the Promissory Note with interest thereof and all other sums required to be paid by the Mortgagor pursuant to the provisions of the Amended and Restated Note and the Mortgage on the day or days when payment shall become due, all without deduction or credit for taxes or other similar charges paid by the Mortgagor, time being of the essence for such payments. The Loan secured by this mortgage shall be paid to the Mortgagee without interest upon sale of the property and shall be for the term of the first mortgage. If the property is not sold prior to the expiration of the first mortgage, then the loan shall be fully forgiven and nothing shall be owed. 1.02 Warranty of Title. The Mortgagor covenants that it is indefeasibly seized of the Land in fee simple, has good, marketable and absolute title to the Mortgaged Property and has full power and lawful right to convey and mortgage the same in the manner and form aforesaid. That the Mortgaged Property is free from all encumbrances except taxes for the current year a first mortgage in favor of and its successors, and any other permitted encumbrances. The Mortgage hereby makes further assurance to perfect fee simple title to the Land in the Mortgagee as may be reasonably required. The Mortgagor does hereby fully warranty the title to the Mortgaged Property against claims of all persons whomsoever. 1.03 Insurance. Mortgagor shall keep the improvements now existing or hereafter erected on the Mortgaged Property, insured against loss by fire or other hazards, casualties, and contingencies, including but not limited to flood, in such amounts and for such periods as may be required by Mortgagee, and to pay promptly when due, all premiums on such insurance policies or renewals. 1.04 Condemnation. If all or any part of the Mortgaged Property shall be damaged or taken through condemnation (which term when used in this Mortgage shall include any damage or taking by any governmental authority, and any transfer by private sale in lieu thereof, either temporarily or permanently), the entire indebtedness secured hereby shall at the option of the Mortgagee become immediately due and payable if the Mortgagee in its soJe discretion determines that its security under this Mortgage is impaired. The Mortgagee shall be entitled to all compensation, awards, and any other payments of relief therefore and is hereby authorized, at its option to commence, appear in and prosecute, in its own or the Mortgagor's name, any action or proceeding relating to any condemnation, and to settle or compromise any claim in connection therewith. All such compensation, awards, damages, claims, rights of action and proceeds and the rights thereto are hereby assigned by the Mortgagor to the Mortgagee, who after deducting therefrom all its expenses including attorneys' fees, may release any monies so received by it without affecting the lien of this Mortgage or may apply the same in such manner as the Mortgagee shall determine, to the reduction of the sums secured hereby, and any balance of such monies then remaining shall be paid to the Mortgagor. The Mortgagor agrees to execute such further assignments of any compensations, awards, damages, claims, rights of action and proceeds as the Mortgagee may require. 1.05 Expenses. Mortgagor shall pay, or reimburse Mortgagee for all costs, Page 3 of 11 charges and expenses, including reasonable attorneys fees, including appellate proceedings, and disbursements, and costs of abstracts of title incurred or paid by Mortgagee in any action, proceeding or dispute in which Mortgagee is made a part or appears as a party plaintiff or party defendant because of the failure of the Mortgagor promptly and fully to perform and comply with all conditions and covenants of this Mortgage and the Note secured hereby, including but not limited to, the foreclosure of this Mortgage, condemnation of all or part of the Mortgaged Property, or any action to protect the security thereof. All costs, charges and expenses so incurred by Mortgagee shall become due and payable whether or not there be notice, demand, attempt to collect or suit pending. The amounts so paid or incurred by Mortgagee, together with interest thereon at the default rate as hereinafter defined from the date incurred until paid by Mortgagor, shall be secured by the lien of this Mortgage. ARTICLE TWO DEFAULTS 2.01 Event of Default. The term "Event of Default" wherever used in the Mortgage, shall mean anyone or more of the following events: (a) Failure by Mortgagor to pay, within fifteen (15) days of its due date any deposits for taxes and assessments or insurance premiums due hereunder, or any other sums to be paid by Mortgagor hereunder or under any other instrument securing the Note. (b) Failure by Mortgagor to duly keep, perform and observe any other covenant, condition or agreement in the Note, this Mortgage or any of the other Loan Documents for a period of ten (10) days after the Mortgagee gives written notice specifying the breach. If the default cannot be cured within such ten days, the commencement of such action to cure the default and the diligent and continuing effort to cure same shall be acceptable. (c) If Mortgagor or any endorser or guarantor of this Note shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage earner's plan, assignment for the benefit of creditors, receivership, dissolution, or similar relief under any present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Mortgagor for all or any part of the properties of Mortgagor or of any guarantor or endorser of the Note; or if within thirty (30) days after commencement of any proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, debtor relief or similar relief under any present or future federal, state or other statute or law, such proceeding shall not have been dismissed or stayed on appeal; or if, within the thirty days after appointment without the consent or acquiescence of Mortgagor or of any endorser or guarantor of the Note, of any trustee, receiver, or liquidator of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the Mortgaged Property, such appointment shat! not have been vacated or stayed on appeal or otherwise; or if within ten (10) days after the expiration of any such stay, such appointment shall not have been vacated. (d) The entry by any court of last resort of a decision that an undertaking by the Mortgagor as herein provided to pay taxes, assessments, levies, liabilities, obligations or encumbrances is legally inoperative or cannot be enforced, or in the event of the passage of any law changing in any way or respect the laws now in force for the taxation of mortgages or debts secured thereby for any purpose or the manner of collection of any such taxes, so as to Page 4 of 11 ....,.»,~ , ..Jj ""'- -..-- .....--".- ~-'- _.-,--.- ~- --. -.- --'--' A~ effect adversely this Mortgage or the debt secured hereby unless the Mortgagor can and does in a proper and legal manner, pay any and all sums of whatever kind which may be incurred or charged under such new or modified law. (e) If foreclosure proceedings should be instituted on any mortgage inferior or superior to the Mortgage, or if any foreclosure proceeding is instituted on any lien of any kind which is not dismissed or transferred to bond within thirty (30) days of the service of foreclosure proceedings on the Mortgagor. (f) Any default under any mortgage superior or inferior to the Mortgage. (g) Any modification of any mortgage superior or inferior to the Mortgage, increase in the amount outstanding under any superior or inferior mortgage, whether pursuant to a future advance agreement or otherwise, or waiver of any principal or interest payments on any note or mortgage superior or inferior to this Mortgage, or release of any guarantor or modification of any guaranty affecting any superior or inferior mortgage, (h) Any breach of any warranty or material untruth of any representation of Mortgagor contained in the Note, this Mortgage or any of the other Loan Documents, (i) Any action prohibited by paragraph 3.01 infra. (j) If the mortgaged property is sold, transferred or refinanced prior to the expiration of the first mortgage or any prior mortgage the entire amount of the loan shall be returned forthwith to Mortgagor, the City of Boynton Beach SHIP Program. (k) Upon the homeowner(s) death, provided that the new owner is not income eligible under SHIP Guidelines and/or the dwelling on the mortgaged property is not the primary residence of the new owner, For the new owner to be eligible, he or she must set up primary residence in the dwelling within a reasonable time and be income eligible under SHIP guidelines, If the new owner is not eligible, the loan shall be due and payable to the Mortgagor. (I) Lease of any portion of the mortgaged property to a third party. 2.02 Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, the Mortgagee may, at its sole option, declare the entire principal amount of the Note then unpaid, and the interest accrued thereon to be due and payable immediately, and upon such declaration such principal and interest shall forthwith become and be due and payable, as fully and to the same effect as if the date of such declaration were the date originally specified for the maturity of the unpaid balance of the Note, 2.03 Mortgagee's Power of Enforcement. If an Event of Default shall have occurred and be continuing the Mortgagee may proceed by suit at law or in equity or by any other appropriate proceeding or remedy (a) to enforce payment of the Note or the performance of any term hereof or any other right (b) to foreclose this Mortgage and to sell, as an entirety or in separate lots or parcels, the Mortgaged Property, under the judgment or decree of a court or courts of competent jurisdiction, and (c) to pursue any other remedy available to it, all as the Mortgagee shall deem most effectual for such purposes. The Mortgagee shall take action either by proceedings or by the exercise of its powers with respect to entry or taking possession, as the Mortgagee may determine. 2.04 Leases. The Mortgagee, at the Mortgagee's option, is authorized to Page 5 of11 foreclose this Mortgage subject to the rights of any tenants of the Mortgaged Property, and the failure to make any such tenants parties defendant to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to by the Mortgagor, a defense to any proceedings instituted by the Mortgagor to collect the sums secured thereby, or any deficiency remaining unpaid after the foreclosure sale of the Mortgaged Property. 2.05 Principal and Interest Become Due on Foreclosure. Upon commencement of suit or foreclosure of this Mortgage, the unpaid principal of the Note, if not previously declared due, and the interest accrued thereon, shall at once become and be immediately due and payable. 2.06 Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Mortgagor agrees to the full extent permitted by law, that in case of default on its part hereunder, neither the Mortgagor nor anyone claiming through or under it shall or will set up, claim or seek to take advantage of any appraisement, valuation, stay, extension, or redemption laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, or the absolute sale of the Property being conveyed, to the final and absolute putting into possession thereof, immediately after such sale; the purchasers thereof, and the Mortgagor, for itself and all who may at any time claim through or under it, hereby waive to the full extent that it may lawfully do so, the benefit of all such laws, and any and all right to have the assets comprised in the security intended to be created hereby marshaled upon any foreclosure of the lien hereof and agrees that the Mortgagee or any court having jurisdiction to foreclose such lien may sell the Mortgaged Property as an entirety. 2.07 Acceleration; Application of Monies by Mortgagee. (a) If default shall be made in the payment of any amount due under the Mortgage or the Note secured hereby, then, upon demand of the Mortgagee, the Mortgagor will pay to the Mortgagee the entire amount due and payable under the Note. If Mortgagor shall fail to pay the same forthwith upon such demand, the Mortgagee shall be entitled to sue for and to recover a judgment for the whole amount so due and unpaid together with costs, which shall include the reasonable compensation, expenses and disbursements of the Mortgagee's agents and attorneys either before, after or during the pendency of any proceedings for the enforcement of the Mortgage including appellate proceedings. The right of the Mortgagee to recover such judgment shall not be affected by any taking, possession, or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of any of the Mortgaged Property and of the application of the proceeds of sale to the payment of the debt hereby secured, the Mortgagee shall be entitled to enforce payment of and to receive all amounts then remaining due and unpaid upon the Note, and the Mortgagee shall be entitled to recover a judgment for any portion of the debt remaining unpaid, with interest. (c) The Mortgagor agrees to the full extent that it may lawfully so agree, that no recovery of any such judgment by the Mortgagee and no attachment or levy of any execution upon any such judgment upon any of the Mortgaged Property or upon any other property shall in any manner or to any extent release the lien of the mortgage upon the Mortgaged Property or any part thereto for any liens, rights, powers or remedies of the Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies thus collected by the Mortgagee or received by the Page 6 of 11 -~~~._-.~--_...._--",,--~~ . ,:._~ -- ~.., - » ___~_.._._ <._'r_ "__ ~. Mortgagee under this paragraph 2.07 shall be applied as follows: "First, to the payment of the reasonable attorneys fees and expenses incurred by Mortgagee, its agents and attorneys, including but not limited to taxes paid, insurance premiums paid receivers fees, etc. Second toward payment of the amounts due and unpaid upon the Note." 2.08 Delay or Omission No Waiver. No delay or omission of the Mortgage or of any holder of the Note to exercise any right, power, or remedy accruing upon any default shall exhaust or impair any such right, power or remedy nor shall same be construed to be a waiver of any such default, or acquiescence, herein; and every right, power and remedy given by this Mortgage to the Mortgagee may be exercised by Mortgagee from time to time and as often as may be deemed expedient by the Mortgagee. 2.09 No Waiver of One Default to Affect Another. No waiver of any default hereunder shall extend to or shall affect any subsequent or any other existing default or shall impair any rights, powers or remedies consequent thereon. If the Mortgagee (a) grants forbearance or an extension of time for the payment of any sums secured hereby, (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein or in the Note, (d) releases any part of the Mortgaged Property from the Note or Mortgage; (e) consents to the filing of any map, plat or replat thereof, (f) consents to the granting of any easement thereon, or (g) makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not release, discharge, modify, change or affect the original liability under the Note or otherwise of the Mortgagor or any subsequent purchaser of the Mortgaged Property or any part thereof, or any maker, co-signer, endorser, surety or guarantor; nor shall any such act or omission preclude the Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default nor, except as otherwise expressly provided in an instrument or instruments executed by the Mortgagee, shall the lien of this Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the Mortgagee, without notice to any person or corporation, is hereby authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder, 2.10 Discontinuance of Proceedings - Position of Parties Restored. In case the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Mortgagee, then in every such case, the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as if no such proceeding has been taken. 2.11 Remedies Cumulative. No right, power or remedy conferred upon or reserved by the Mortgagee by this Mortgage, is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and current and shall be in addition to any other right, power and remedy given hereunder or nor or hereafter existing at law or in equity or by statute. 2.12 Subrogation. The Mortgagee hereby is subrogated to the claims and liens of all Page 7 of 11 parties whose claim or liens are discharged or paid with the proceeds of the indebtedness secured by this Mortgage. ARTICLE THREE MISCELLANEOUS PROVISIONS 3.01 No Transfer. It is understood and agreed by Mortgagor that as part of the inducement to Mortgagee to make the loan evidenced by the Note, Mortgagee has considered and relied upon the credit worthiness and reliability of Mortgagor. Mortgagor covenants and agrees not to assign, sell, convey, transfer, lease, enter into any management agreement, or further encumber any interest in or any part of the Mortgaged Property without the prior written consent of the Mortgagee, and any such sale, conveyance, transfer, lease, or encumbrance made without Mortgagee's prior written consent shall constitute an event of default hereunder. If the Mortgagor is not an individual, it is further understood and agreed that any assignment, sale, conveyance, transfer, encumbrance or pledge of any ownership interest of the Mortgagor without the Mortgagee's prior written consent shall be deemed a transfer of the Mortgaged Property and prohibited herein. 3.02 Uniform Commercial Code. The parties agree that this Mortgage is a security agreement under the Uniform Commercial Code for the purpose of creating a lien on the Mortgaged Property. 3.03 Maximum Rate of Interest. Nothing herein contained nor in the Note secured hereby or any instrument or transaction related thereto, shall be construed or so operate as to require the Mortgagor, Maker, or any person liable for the payment of the loan made pursuant to said Note, to pay interest in an amount or at a rate greater than the maximum allowed by law. Should any interest or other charges in the nature of interest paid by the Mortgagor, Maker or any parties liable for the payment of the loan of interest in excess of the maximum rate of interest allowed by applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal, balance shall be paid by the holder hereof to the Mortgagor, Maker or any parties liable for the payment of the loan made pursuant to said Note, it being the intent of the parties hereto that under no circumstances shall the Mortgagor, Maker or any parties liable for the payment of the loan hereunder, be required to pay interest in excess of the maximum rate allowed by law. 3.04 Default Rate. The Default Rate of interest shall be applicable subsequent to an Event of Default as defined in Paragraph 2.01 and where elsewhere provided for in this Mortgage, The Default Rate shall be the maximum interest rate per annum permissible under Florida Law, or Federal Law in the event Federal Law pre-empts Florida law or is otherwise applicable 3.05 Attorneys Fees and Expenses. Wherever provision is made herein from payment for reasonable attorneys fees or counsel fees or expenses incurred by the Mortgagee, said provision shall include, but not limited to, reasonable attorneys' or counsels fees or expenses incurred in any and all judicial, bankruptcy, reorganization, administrative, or other proceedings, including appellate proceedings, whether such proceedings arise before or after entry of a final judgment. Page 8 of 11 --.-------.---._~--<----~~--. ~~- ~----.....-...,..-------~-~--~-"--. -'. --_.-~.. ..>1. 3.06 Notice. (a) Mortgagor. Any notice, demand or instrument authorized by this Mortgage to be served on or given to the Mortgagor may be served on or given to the Mortgagor at: Boynton Beach, FL 33435 or at such other address as may have been furnished in writing to the Mortgagee by the Mortgagor. (b) Mortgagee. Any notice demand or instrument authorized by this Mortgage to be served on or give to the Mortgagor may be served on or given to the Mortgagor at: CITY OF BOYNTON BEACH A TTN: CITY ATTORNEY'S OFFICE 100 EAST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA 33435 or at such other address as may have been furnished in writing to the Mortgagor by the Mortgagee. 3.07 Headings. The headings of the articles, sections, paragraphs and subdivisions of this Mortgage are for convenience of reference only, and are not to be considered a part hereof, and shall not limit or otherwise affect any of the terms hereof. 3.08 Invalid Provisions to Affect No Others. In case anyone or more of the covenants, agreements, terms or provisions contained in this Mortgage, the Note or any of the other Loan Documents, shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, terms or provisions contained herein and in the Note shall be in no way affected, prejudiced or disturbed thereby, ARTICLE FOUR ADDITIONAL PROVISIONS 4.01 Guarantors. As part of the inducement to the Mortgagee to make the loan evidenced by the obligation secured hereby, the Mortgagor has caused certain other persons to enter into continuing and unconditional guarantees of payment of any and all indebtedness and agreed by the Mortgagor that such representations and agreements by such other persons shall constitute for the purpose of its obligations hereunder, covenants on behalf of the Mortgagor, Page 9 of 11 IN WITNESS WHEREOF, Borrower and Lender have caused this Second Mortgage and Security Agreement to be executed in their names, all by authority duly given as of the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS MORTGAGOR WITNESS PRINT NAME WITNESS MORTGAGOR WITNESS PRINT NAME STATE OF FLORIDA ) ) SS.: COUNTY OF PALM BEACH) I hereby certify that on this day, before me, a Notary Public duly authorized in the State and County named above to take acknowledgements, personally appeared . He/she is personally known to me [or has produced as identification] to be the person(s) described as Mortgagors in and who executed the foregoing mortgage and acknowledged before me that said persons executed that mortgage. Witness my hand and official seal in the County and State named above this day of Signed: NOTARY PUBLIC Print Name: \\J6G'OIL~~"~Q.~~~~&~~t.~ Page 1 0 of 11 ~----,,-... .... ....~-;~,- .-._~ __ ~_- __Lo . ~ , PROMISSORY NOTE SHIP PROGRAM BOYNTON BEACH, Florida Dated: FOR VALUE RECEIVED the undersigned, (hereinafter referred to as "Makers") promise to pay to the order of CITY OF BOYNTON BEACH, a Florida municipal corporation, or its successors or assigns (collectively referred to as the "Holder"), at its offices located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 or such other place as the Holder hereof may from time to time designate in writing, the principal sum of and 00/100 Dollars (tQQ) to be paid in lawful money of the United States of America, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment as follows: This is a deferred payment loan issued under the guidelines of the City of Boynton Beach SHIP Program in which the Makers payoff the loan at the time the mortgaged property is sold if the property is sold prior to the term of the first mortgage, If the property is not sold prior to the expiration of the first mortgage and remains the permanent residence of the Maker, then in that event this note shall be forgiven and released. The Maker must permanently reside on the property during the term of the note and mortgage. In the event the Maker fails to comply or defaults, the entire unpaid principal balance shall be fully due, owing, and payable from the Makers to the Holder, This Note is secured by a Mortgage Deed, aIkIa Second Mortgage and Security Agreement (the "Mortgage") of even date herewith encumbering and conveying real estate and property (the "Mortgaged Property") therein described and duly recorded among the Public Records of Palm Beach County, Florida. The Makers shall pay any and all applicable federal, state and/or local taxes with regard to the obligations set forth herein and shall provide the Holder with annual paid tax receipts within thirty (30) days subsequent to annual payment of obligations. Failure to timely pay such taxes shall be an event of default as provided for hereinafter, It is hereby agreed that if in the event default be made in the performance or compliance with any of the covenants and conditions of any security agreement now or hereafter in effect securing payment of this Note; then, in any or all such events, the entire amount of principal of this Note with all interest then accrued, if any, shall, at the option of the holder of this Note and without notice (the Makers expressly waives notice of such default), become and be due and collectible, time being of the essence of this Note. If this Note shall not be paid at maturity or according to the tenor thereof and strictly as above provided, it may be placed in the hands of an attomey at law for collection, and in that event, each party liable for the payment thereof, as Makers, endorser, guarantor, or otherwise, hereby agrees to pay the holder hereof in addition to the sums above stated, a reasonable sum as an attomeys fee, which shall include attorneys fees at the trial level and on appeal, together with all reasonable costs incurred, Makers shall be in default of this Note if during the term of this Note, they assign, sell, Page 1 of 2 convey, transfer, lease, enter into any management agreement, further encumber, or vacate the premises. In the event of such default, the loan amount of the promissory note shall be immediately due and payable. This Note is pre-payable in whole or in part at any time without penalty. As to this Note and the Mortgage, and any other instruments securing the indebtedness, the Makers, endorsers and guarantors, if any, severally waive presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note, and expressly agree that the Maturity Date of this Note, or any payment hereunder, may be extended from time to time without in any way affecting the liability of the Makers, endorsers or guarantors. Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operate as to require the Makers, or any person liable for the payment of the loan made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law. Should any interest or other charges paid by the Makers, or any parties liable for the payment of the loan made pursuant to this Note, result in the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal balance shall be paid by the holder hereof to the Makers and any parties liable for the payment of the loan made pursuant to this Note, it being the intent of the parties hereto that under no circumstances shall the Makers, or any parties liable for the payment of the loan hereunder, be required to pay interest in excess of the highest rate permissible under applicable law. This Note is to be construed according to the applicable laws of the State of Florida and the United States of America, MAKERS: SIGNATURE SIGNATURE \~f.~teftMY\1~~V~"iII~ Page 2 of 2 --~-~-----'''-- . , --...----~- - ,- <~__~._ """-___H'_"_...,._~_ "_o~_,_·~~· 'r._ ~,_,__""'~~"_*~_"-~>'_~Y-' " VI.-CONSENT AGENDA ITEM C.12 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2,2004 o October 19,2004 (Noon) October 4,2004 <> [ZJ September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18, 200b 0-1 -- ::¡-< D September 21, 2004 o November 16, 2004 Þ -<0 (Noon) September 7, 2004 (Noon) November I, 20Qtt: O-r G"') r-- C::J f',) ~o .+:- :=:::J-< D Administrative 0 Development Plans :'l;: ::z: ::r:- uJ-i --l!" 0 NATURE OF 0 Consent Agenda 0 New Business - :2% ë5 . AGENDA ITEM D Public Hearing 0 Legal .. -r¡CP -fTI r- fit:Þ 0 Bids 0 Un[mished Business \.D <> --- ...... 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: To approve the Interlocal Agreement between the City Of Boynton Beach and the Town of Gulf Stream, Florida. EXPLANATION: The Town of Gulf Stream has been giving consideration to the annexation of several unincorporated properties lying near or adjacent to the corporate boundaries of the Town of Gulf Stream, Said unincorporated areas are not currently contiguous to land within the jurisdictional limits of the City of Boynton Beach and are not immediately subject to annexation. To assure the Town of Gulf Stream that said properties will not exceed the 35 ft, height requirement and to assure that the density will not exceed six units per acre, Gulf Stream is willing to forego its right to annex said properties in favor of the annexation by City of Boynton Beach, PROGRAM IMP ACT: The City of Boynton Beach will agree that the said properties annexed shall be subject to a binding provision in the Code that no structures included with the annexed properties may be constructed to a height in excess of 35 ft. and no density shall be allowed in excess of six units per acre, FISCAL IMPACT: ALTERNATIVES: Department Head's Signature City Manager's Signature Department Name City Attorney! Finance! Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FOlUvtDOC 1 RESOLUTION R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF AN 5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND THE TOWN OF GULF 7 STREAM, FLORIDA AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Town of Gulf Stream is foregoing it's right to annex 11 certain unincorporated properties lying near or adjacent to the corporate 12 boundaries of the Town of Gulf Stream in favor of the annexation by the City 13 of Boynton Beach, and; 14 WHEREAS, the unincorporated properties are not currently 15 contiguous to land within the jurisdictional of the City of Boynton Beach and 16 not immediately subject to annexation, and; 17 WHEREAS, staff has reviewed and recommends acceptance of the 18 Interlocal Agreement, a copy of which is attached hereto and made a part 19 hereof; 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 21 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, 22 THAT: 23 Section I. The foregoing "Whereas" clauses are hereby ratified and confinned 24 as being true and correct and are hereby made a specific part of this Resolution 25 Upo)1 adoption hereof 26 Section 2. Upon recommendation of staff, this Commission does hereby 27 authorize execution of this Interlocal Agreement between the City of Boynton s:\ \RESO\Agreements\lnterlocals\lnterlocal Town of Gulf Stream - Annexation.doc 1 Beach and the Town of Gulf Stream, which Agreement is attached hereto and 2 made a part here. 3 Section 3 That this Resolution shall become effective immediately upon 4 passage. 5 PASSED AND ADOPTED this _ day of September, 2004. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 26 City Clerk 27 28 (Corporate Seal) 29 S:\CA\RESO\Agreements\lnterlocals\lnterlocal Town of Gulf Stream - Annexation.doc INTERLOCAL AGREEMENT THIS AGREEMENT shall be effective as of the day of , 2004, (the "effective date") and is being entered into by and between the TOWN OF GULF STREAM, FLORIDA, and the CITY OF BOYNTON BEACH, FLORIDA. WITNESSETH: WHEREAS, the Town of Gulf Stream has been giving consideration to the annexation of several unincorporated properties lying near or adjacent to the corporate boundaries of the Town of Gulf Stream; and WHEREAS, the City of Boynton Beach has entered into certain agreements that commit property owners to annex into the City of Boynton Beach if and when the owner's property becomes contiguous to the City of Boynton Beach; and WHEREAS, said unincorporated areas are not currently contiguous to land within the jurisdictional limits of the City of Boynton Beach and, therefore, are not immediately subject to annexation; and WHEREAS, the interest of the Town of Gulf Stream in annexing said properties is to assure the Town that said properties will not exceed the 35 foot height requirement presently existing in the unincorporated area and so as to assure that the density will not exceed six (6) units per acre; and WHEREAS, the Town of Gulf Stream is willing to forego its right to annex said properties in favor of annexation by the City of Boynton Beach subject, however, to the City of Boyntpn Beach agreeing that subsequent to annexation the height and density requirements referenced herein will not be exceeded. NOW, THEREFORE, the parties to this Agreement hereby agree as follows: Section 1. The Town of Gulf Stream shall not seek to annex those unincorporated properties referenced herein as defined in Exhibit "A" attached hereto and will state no objection to said properties being annexed by the City of Boynton Beach should the City of Boynton Beach attempt to annex said properties subject, however, to the City of Boynton Beach agreeing to the terms set forth herein. Section 2. In consideration for the agreement from the Town of Gulf Stream not to seek annexation of the properties described herein and to state no objection to said annexation by the City of Boynton Beach, the City of Boynton Beach, in consideration therefore, agrees that the properties annexed shall be subject to a binding provision in the Code of the City of Boynton Beach which will provide that no structures included within the annexed properties may be constructed to a height in excess of 35 feet and that no density shall be allowed in excess of six (6) units per acre. Section 3. The provisions relating to height and density referenced in Section 2 above shall be incorporated within the Zoning Code of the City of Boynton Beach and, to further assure said compliance, it shall be made a condition of any annexation agreement between the owners of the unincorporated properties and the City of Boynton Beach that structures on said property shall not exceed the 35 foot height limitation or the six (6) unit per acre density requirement referenced herein. Section 4. The term of this Agreement shall be from the Agreement's effective date through ,2030. Sectioo 5, In the event of any litigation or administrative proceeding to settle issues arising hereunder, the prevailing party shall be entitled to recover against the 2 other party its costs and expenses, including reasonable attorney's fees, which shall include, but not be limited to, fees and costs for any appeal that may be taken. Section 6. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. Section 7. The preparation of this Agreement is considered a joint effort of the parties and, accordingly, this Agreement shall not be construed more severely against one of the parties than the other. Section 8. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. Section 9. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible, Section 10. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. Venue of all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida and each party hereby waives whatever their respective rights may have been in the selection of venue. 3 . . IN WITNESS WHEREOF, the parties have set their hands and seals the day and year hereinafter written. TOWN OF GULF STREAM By Its Attest: Dated: CITY OF BOYNTON BEACH By Its Attest: Dated: N:\JCR\13147-01\Jnterlocal Agreement Boynton Beach Annexation.doc 4 VI.-CONSENT AGENDA ITEM C.12 Unincorporated Areas Near Gulfstream <;~ -~"', <'?,:;r~!~, ~i , "-. ::'-;'.¿-_?<"_:~ -, c~--o.'F~-~- : > :_ :-_--~~·-~~:~~tt~----· <;-' ,_, )1...- ~:_:; Y'-~--_~__-. ./:;~~I ,,; ~ "- '-"':~' '- '_;..-,.-.-:-~>,- ,-- ·-_·~'C;;~~.. ,- :, -.~-"_:';~---~.-j"-~--~~::>:-:' > . ,..'J ;¡c. _ ~--, _'," ~ .---",-,--.-.:__< 0" S~¡¡~~j>'f Legend D Unincorporated Areas I:IBOYNTON BEACH BOUNDARY D CITY OF DELRA Y BEACH <' C TOWN OF BRINY BREEZES TOWN OF GULF STREAM D TOWN OF OCEAN RIDGE Water ,- --u" . .'-' -.. - - -. - - - !J~I "J '\'( ::'~ '\r·' I .~_N., ..:-·.'·~>=-~--'''·'''"-~I.............<.'.'.....,.....'. __f.,.. :J_r:..JIr 'N E 14-' .. S -:->''1n~-'< - !-~ 500 1,000 2,000 I Feet VI.-CONSENT AGENDA ITEM D.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19, 2004 c=J October 5, 2004 (Noon) September 20, 2004 c=J August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 a [8J September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 20~ (')::4 --<. ~ --' o September 21, 2004 o November 16, 2004 ..". "",(0 (Noon) September 7, 2004 (Noon) November I, 20<a:: ~ ,-") G'J >cP tv ,...0 ~...(. <.f' :,~-;J:. 0 Administrative 0 Development Plans - ..-\ -Q </)0 NATURE OF [8J Consent Agenda 0 New Business ~ Cy;::' -n r- ~cP AGENDA ITEM 0 Public Hearing 0 Legal .' _rt"' c....) ov 0 D (oof\ í-Ïa Bids Unfmished Business ::x: 0 Announcement 0 Presentation D City Manager's Report RECOMMENDATION: Please place this request on the September 7, 2004 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-202. EXPLANATION: PROJECT: Citrus Glen (MPMD 04-003) AGENT: John Schiavo OWNER: John and Marilyn Schiavo LOCATION: South of Miner Road; east of Lawrence Road DESCRIPTION: Request for Master Plan Modification approval to reduce the side yard setback for pool construction and screen enclosures fÌom 12 feet to 4 feet and fÌom 12 feet to zero (0) feet, respectively, on lot I, Citrus Glen PUD. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: N/A Develop ent Depattment Director City Manager's Signature ~(j.~ City Attorney / Finance / Human Resources Planning and Z g DlIector S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,WC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-202 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission '~ THRU: Michael W, Rump-m.t) Director of Planning and Zoning FROM: Ed Breese~ Principal Planner DATE: August 13,2004 PROJECT NAME/NO: Citrus Glen MPMD 04-003 REQUEST: Master Plan modification to the Citrus Glen P.U.D. to reduce the side yard setback for construction of a pool from twelve (12) feet to four (4) feet and associated pool screen enclosure from twelve (12) feet to zero (0) feet for Lot 1, Executive Estates, in Citrus Glen. PROJECT DESCRIPTION Property Owners: John and Marilyn Schiavo, Lot 1 Applicant/Agent: John Schiavo Location: Citrus Glen (P,U.D,) Existing Land Use/Zoning: Low Density Residential (LDR)/PUD Proposed Land Use/Zoning: No changes proposed Proposed Use: Pool Installation/Setback Amendment Acreage: 53.6 Acres (entire PUD Master Plan) Adjacent Uses: North: Right-of-way for Miner Road, and farther north right-of-way for LWDD L-20 Canal; South: Right-of-way for Executive Circle, and farther south single-family detached zero lot line homes (Citrus Glen PUD); East: Single-family detached zero lot line homes (Citrus Glen PUD); West: City of Boynton Beach sewer lift station, and farther west right-of-way for Lawrence Road. _.._._---~----_._--_._---<~-- -- ._~ ._-~-----_.~-~-~ ----_._.,~--.-,------_.-~--,--.,~_.........-->.~. .___'_,-,___";>-~_, __.__~""'L__""__.· , ._h__'. Staff Report Memorandum No PZ-04-202 Page 2 BACKGROUND John and Marilyn Schiavo, residents of Citrus Glen P.U.O" are requesting that the Master Plan for Citrus Glen (Executive Estates) P.U.O, be modified to reduce the minimum side yard setback for swimming pools and associated screen enclosures, as described within the attached letter of request. The request is to reduce the current twelve (12) foot side setback to zero (0) feet for the screen enclosure and four (4) feet to waters edge of the pool, for Lot 1. The subject plat is a single-family detached zero lot line residential development, comprised of 197 platted lots on 53.6 acres. The P.U,O. is located on the east side of Lawrence Road, south of Miner Road (see Exhibit "A" - Location Map). All 197 lots are developed. The typical lots within this P,U.O. range between 5,000 and 6,000 square feet. All lots front on an internal road network providing ingress and egress to Lawrence Road and Miner Road. The approved building setbacks are: 20 feet front yard, 15 feet and zero (0) side yard and 15 feet rear yard, As noted above, the side setback for screen enclosures and pools is 12 feet. Although it is more common to process requests for setback modifications within master plans for multiple lots that share a unique characteristic, the analysis below will demonstrate the uniqueness of this individual lot that is the subject of this request. Chapter 2.5, Planned Unit Development, of the City Land Development Regulations states that changes in planned unit developments shall be processed through the Planning and Development Board and the City Commission, ANALYSIS The Master Plan (see Exhibit "B") submitted by the applicant identifies the property that is the subject of this request. The applicant also prepared a pool layout depicting the proposed zero (0) foot side setback for the pool screen enclosure and the four (4) foot side setback for the water's edge of the pool (see Exhibit "C" - Proposed Pool Layout), This request was reviewed for consistency with the P.U,O. development standards in the Land Development Regulations, Chapter 2.5, Planned Unit Developments. There are no minimum yard setbacks required within PUO's. These are approved with the PUO Master Plan, As such the approved setbacks for Citrus Glen do not conform to setbacks required for conventional single-family zoning districts. With respect to the changes requested, the setbacks were established consitent with other zero lot line developments in the City. The purpose and intent of setbacks is to create separation between units, principally for safety and maintenance purposes. This is accomplished by allowing buildings and ancillary structures to be set a certain distance away from the property lines. The Applicant has submitted a letter from his wife's doctor, Dr, Sami \. Dagher, M.D., ofthe Palm Beach Institute of Pain Management, indicating that she is being treated for back pain and the importance of her ability to perform exercises in a water environment. The applicant has expressed the need for his wife to perform these water exercises at home to reduce the discomfort involved in driving back and forth to utilize such facilities and to create flexibility in scheduling of these exercises, Additionally, the Homeowners Association has submitted a Jetter of no objection to the Schiavo's request (see Exhibit "0"), Staff reviewed the subject request focusing on the applicant's justification statement and that of his wife's doctor contained in Exhibits "E" and "F", There exists special conditions peculiar to the subject parcel. Lot 1 is located at the very northwest comer of the development. Lot 1 only abuts one other lot (lot 2), which is on the opposite side of the house from where the pool is proposed to be constructed. On the side of the Staff Report Memorandum No PZ-04-202 Page 3 house where the pool is proposed, there is 15 feet from the house to the property line, and then approximately an additional15 feet of open space beyond the subject property line to the boundary of the PUD. Adjacent to this PUD boundary is a City of Boynton Beach sewer lift station, that seperates the PUD from Lawrence Road. This is the only lot within the Executive Estates section of the Citrus Glen PUD in which a non-zero side yard lot abuts the perimeter of the development. The reduction in the approved side yard setback for the pool and screen enclosure would generate no negative impact upon adjacent properties. The City's Department of Public Works, Utilities and Engineering Divisions reviewed this specific request and indicated they have no objection regarding the placement of the proposed improvements within this setback adjacent to the sewer lift station. RECOMMENDATION Staff recommends that the request for the reduction in the minimum side yard setback for the pool from twelve (12) feet to four (4) feet and associated pool screen enclosure from twelve (12) feet to zero (0) feet for Lot 1 be approved for the following reasons: 1. This request will not be injurious to the area or detrimental to the public welfare; 2. The location of the subject lot and proposed improvements are adjacent to a City of Boynton Beach sewer lift station; and 3. The uniqueness of Lot 1 in relation to all other lots in the Executive Estates section of the Citrus Glen PUD. This recommendation is subject to the conditions listed in Exhibit "G" Conditions of Approval. Additional comments recommended by the Board or Commission would also be included in Exhibit "G" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Citrus Glen MPMD 04-003 \Staff report.doc -_._-~--~""""',,",.--- -..- - ._._-....,.----.y,.~ >~-~~-_. -- .--" -. "f" ,.,. -, ~ = II ~I 'I It- / 1 }} ,)) ... F;!T = _ vi , I D ~ "'- Lr '-L L ~ ~ ')'1" I --~ l~ ;;.... 1 in. = 500.0 feet ~ I , II I I I I " roo- "'-).. -iJ.Y _ - - - - - ), '.J fU - - 1"'r),. - - ~L H I r _ "'t.,lr .= , .l./ ..) _ ~~, = I~)-~ '\L - ~~ I-- - .- "'" ~ ¡tin ~ ) = NIC = J.]'. ~ > r-- - ./ fo......... ~ 115 - l~ '- ~ - ~ ~ .= ý _I; \\.... '- I ~ - - ~ - _ II ~ UI'1:JI ~I'\!\I( II Utl( J( _ - " _ J/~V/II T ~ ~-- ("--... __D,RD = Hf-j _..... h =1\\Y" m1~ -; r;:"¡V" J j 1 - / _____--. I.....~~..........,.T....,.. _ . . _ . .41 . . AGRICULTURE D ~ ~ ______ ~ .:: I I LAWRENCE RD ---- ~-V~ J T 1 1 I- ...\1 J I¿, - ... I ~UD .~:... == M..~ ~ ..1 --- ~ - %t~1K\. // v \' T -,' ~~18 HnJl:: ~ NIC t=: == ~ t ,~ - ~ 71 I'''~ Fttfii ,,\ m , "'- E= I) :-: J__= ~ A' I '~' I' / ,-- -..- r- r "..J. .........;- r- '- I "" - - '- ""!: ~ 11~! , I I ~ - "')r j ~ I- - _ _ _I-- - """'l I- - - _ ~- - -- I "('/Th ~ I I l\ -.. ~\\~ ~-~ ~E""\\ :: = 7 3 r- IT - = ./ ?J, I I \" I · , ~\\, II II/~ ~ t I' 1 " I ~ LOCATION MAP CITRUS GLEN EXHIBIT "A" '. ~~~~I:lnt~~~II~~I=II~:=='IIIIII'I"II=:I,:~oll"II~II=:'II:"II~'~""~=O~"'~O~II...o~J"""EXHI.B.lil'"B"~"""II"''''''''II'~''~ ~¡:. {- 1"111' ,J~I''''I ;1 , I Ii, d --- t , · !I l1I·-FII II r J II ¡llJ!i t , i I;; !J!!J,II! . r Ii a!¡;~ ft ' ~ ~BC.¡I I . I ,'Ii" ¡; I · !~IFii I I!!;';! ~ I § liij;1I . ; j bpI; ~ : , ~~ ~'~ ~UrK,' f~, "~R~, , II J d ~~ ~ I!II ~ : l~r~~i~'Hdl @II:: ~ ,- ~ ¡,.r,}"~...h 1I:i! ¡. . w. ttJ..: ;. " 'I' t..:... · oi' . !I;lõl' Ii _ ; J .. . _I I ~ . g z . I ! ì :ë!E ." L ='!; ~ iJ= i i i . ~ ! .s:. ~ ...;: I'J :I ~ E I; . "'ç". I' <... It '" ... -.= ii9 .. W' f- ò) I :Ic o· ¡ == m 0 ~ a:llO. . < " - .II! J ~i~: · ~ r: ~ ~ - 2 -c:¡ñ r g - i í ~ =_iÞ:' ~ i' ., . i:" :! :IŠ!( :: i ... fll ~ .:r:· ì = &- ~ :~; ~ · æ .11 a."c ... = . . I, -!i¡¡ It.. '0 . . r:... õ:;= I - .. ....~ I ;!"~ i I - i 3 e,,¡¡ Ie .. ! II I: I~!- ", - ~f - ¡JI ~ --- i j! II ip'~ ii'! ii 11j~ :1 I~! iil'~I·llj ~;II;' ~: I . II ~ ë 1:-= I!I- il ili! ='1 ¡f 11.1 ! 11¡~Ii. ~ I : ¡_; !ii I! ~~~; q II~ f~il!l: Ihs ii ~ ~ a :: -- ¡ I :q ,ii¡ ~i ¡~~ ~ I,: II"I~~ 'sib -. 1":1 II I! I ! a , II I Ii! m III; _a "I '1_. ~I 9 ~ ! i! "r - r~ I; !Iii : i¡ II i _ ! ! ,.~,. : .1 ,."!lF~ '.!' ~ i1N~"i!l~,J~~~ ~~F¡: J~ I!! I i I ¡I. í: ,- un:.. .. ........ ..I'" I !I I I III II IJ IIII; ~ II! IIIIIII IlfI~ . II ¡l11( . II ...~I - 1i1¡ r .. I II i' i ~. " ~ I ! I! NU~I r F~~¡:,.,.¡; ""11 I I i .. ili_i" UI::a1l1l 11:1 I I i Ifill!! ~ " i . D [I)X: 811'11 ' . : . ," .'111' 'II" .., ~ .., . ...b! I 0 "' . . . --" , - o. " ' ' · ..... ~ :....- ~ 11.. '" . j ~ .... <," " \. " .. . - . -. ~ ~I , ' Z4t:-,. I J æ M.. ," ' , ~ .,., ' " ,,' , ~ , '., ~ " '. ,., v.1¡ CI )) .' I I ;, , ~ .' 4<. \ . _ . _11_ - -- ".' , " a J - . . .. ' ~_.,...--'=,_~-"_~,.~___...._~ _ _"__.."-_,_....___....,_x."""""'*""-"'...,._..._ < .=~._....__.J...-,~4þ.~--"'~--,- v . ~ 06/02/21304 15:36 56143- '86 MIRAGE POCLS II'" PAGE 61/131 EXHIBIT C . . . I ., . r .. " " ~ ~¥<J II.. 1 -~ #O/;~/ , I~ ~ . I . ~. . . - . " . EXHIBIT D Executive Estates of Boynton Beach Homeowners Association, Inc. 195 Temple Ave Boynton Beach, FL 33436 City of Boynton Beach May 28, 2004 Department of Development 100 East Boynton Beach Blvd. Boynton Beach, Fl33435 RE: Construction of patio and pool at the Schiavo residence - (159 Executive Drive, Boynton Beach, FL 33436) To Whom It May Concern: We the Board of Directors of Executive Estates of Boynton Beach Homeowners Association, Inc., have no objection for John and Marilyn Schiavo of 159 Executive Drive to build a patio to the property line and a pool within three (3) feet of the property line. If you have any questions regarding these matters, please call Art Davidson (of Associated Property Management) at 588-7210 ext, 20. Sincerely, ..~ tI /lrv.- ~obert Morèno, President For the Executive Estates of Boynton Beach HOA . ~---_.~-----~ ........ __~_~""",-,....___..._. ~ .>00.-' __~_~__~. _ ~<".~o __~.._ ~~ ,~~,"""____O'~~ -""> . ",_,_,,_,._ .--_,,",___'_~ --~ -I"' - · EXHIBIT E John & Marilyn Schiavo 159 Executive Circle Boynton Beach, FL 33436 Cell: (561) 818-5344 Home: (561) 736-2016 I'" ·_a·, June 9,2004 /. I' , . I {! ," ,- t:' : JUN 9 2004 t To: The Boynton Beach City Council L L - ',. ,-J i My wife and I are submitting the following documents and formStoenablètiš-W--- J change the set back on my property so that we will be able to put a pool in our yard, We are attempting to put in an approximate 14 x 24 ft in-the-ground pool. (See letter from Citrus Glen Homeowners' Assn,) I am requesting to install this particular size pool in order to allow my wife to do daily water therapy exercises as recommended by her doctor. (See Letter from Dr, Dagher) My wife is supposed to be doing water exercises twice a day in the morning and evening. As you will note by viewing the pool plans, I will be able to go out to our property line with the screen enclosure and then come in 4 ft, to water's edge. There are no homes to the west of my residence--the only building present on the west side of our property being the Boynton Sewer Lift Station. (See the PLAT 1 survey that shows this) This can be a win-win situation for both the city of Boynton Beach and myself-- from a tax stand point and from the therapeutic gains for my wife's back injury, As you will note, from the plans, we intend to follow all other guidelines. We are simply asking for your permission to use the maximum space possible for the pool & screen enclosure. As you will also note, we have a letter from the Homeowners Association stating their approval for us to extend out to the property line with a screen enclosure, allowing adequate space in which to build the pool. We appreciate your time and consideration in this matter. My wife and I await your decision. Enclosures tJ75?$ ~5-lg /0 Oða ðCJI() . PALM BEA~H ~NSTDTUTE OF PAIN MANAGEMENT EXHIBIT F 2401 SOUTH SEACREST BLVD. 0 BOYNTON BEACH, FL 33435 (561) 733·8133 0 FAX (561) 733-6670 ~~- ~~~--....,.~.~-~~.........,~... '-__~....,....-.--.-~ ...,r~~.....,."",~."....,.c'" __'"'-,,-....""~~>-_....,..,. .......~~ April 22, 2004 AMI" DAGHER, M.D. ANESTHESIOLOGIST FELLOWSHIP TRAINED To Whom It May Concern: IN PAIN MANAGEMENT Ref: Marilyn Schiavo ADVANCED APPROACH Dear Sir or Madam: FOR THE TREATMENT OF PAINFUL CONDITIONS OF THE Mrs. Schiavo is a patient of mine who has been treated for SPINE AND THE NERVOUS SYSTEM low back and bilateral lower extremities pain due to disc herniations at L4-5 and L5-S1 and spondylitic changes in the lower lumbar PRACTICE FOCUS; facet joints. LOW BACK PAIN ' It would be very important for her to be able to exercise in a water environment for these conditions. If you have any questions SCIATICA please do not hesitate to contact. THORACIC & NECK PAIN ARTHRITIS Sincerely, HEADACHES Véi.··"''- ,j) DjJ/ß·f/"t-1yry CANCER PAIN ¡ .. ,t,¡:, 11 ./ SYMPATHETIC Sami I Dagh~r, M.D. DYSTROPHY AND OTHER PAINFUL NERVE DISORDERS . ~_ __~_._;~_~~_~""_~...,,.~. ,~_->- ._u_ . -. ~ __<-",_-o-=.,..-~- .~-------=--~,-<--- ~,- ---~.~,-~"..._"' -- . EXHIBIT "G" Conditions of Approval Project name: Citrus Glen File number: MPMD 04-003 Reference: Master Plan ModificatIOn identified with a June 9 Planmng & Zoning date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: 1. Prior to construction of the pool, applicable permit shall be obtained and the X construction shall comply with 2001 Florida Building Code, chapter 424. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT , ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\ WP\PROJECTS\Citrus Glen\MPMD\COA.doc - - . -.---.;;.......~----, - --..-~~--~ . _ ~_.. ,~_~_.__. . - --__".....t;t DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Citrus Glen APPLICANT'S AGENT: John Schiavo APPLICANT'S ADDRESS: 159 Executive Circle Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 7, 2004 TYPE OF RELIEF SOUGHT: Master Plan modification to the Citrus Glen P.U.D. to reduce the side yard setback for construction of a pool from twelve (12) feet to four (4) feet and associated pool screen enclosure from twelve (12) feet to zero (0) feet for Lot 1, Executive Estates, in Citrus Glen. LOCATION OF PROPERTY: South of Miner Road; East of Lawrence Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR TH IS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations, 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Citrus Glen\MPMD\DO Revised for P&D.doc VI.-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 ~ September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18,2004 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans NATURE OF [g Consent Agenda 0 New Business AGENDA ITEM 0 0 n Public Hearing Legal C) ("") -i 0 Bids 0 UnfInished Business -'- :::¡-< :Do -<:0 0 Announcement 0 Presentation c: CJ -'1 GJ ¡O-V) 0 City Manager's Report N ;7l C> (11 -~-< :>-:: :z: -0 {¡~6 _..~ RECOMMENDATION: Please place this request on the September 7,2004 City Commission Agenda l\DŠer ~ ~ Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject req~t b~fT1 approved. For further details pertaining to the request, see attached Department of Development Memorandum NGf'I fT1 ~ PZ 04-203. ::t: EXPLANATION: PROJECT: Quantum Park DRI (Lions Club) (USAP 04-005) AGENT: Aaron P. Bowles OWNER: Bocar Property, Inc. LOCATION: 2439 Quantum Boulevard, Lot 3, Quantum Park DESCRIPTION: Request for Use Approval to add "Lions Club Meeting Hall" to the list of permitted uses in the Quantum Park PID. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ~- ALTERNATIVES: / '. N/A Development Dep ent Director Manager's Signature ~cJ~ City Attorney I Finance I Human Resources Planning and Zo g DIrector S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\Lions Club Lot 3 USAP\Agenda Item Request Quantum Pk DRI Liongs Club USAP 04-006 9-7- 04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-203 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael RumPf~Ù~ Director of Planning & Zoning FROM: Ed Breese ~ Principal Planner DATE: August 16, 2004 PROJECT NAME/NO: Quantum Park DRI / (USAP 04-005) REQUEST: Use Approval - Uons Club Meeting Hall PROJECT DESCRIPTION Property Owner: Bocar Property Incorporated Agent: Aaron P. Bowles, President, Boynton Beach Uons Club Location: Quantum Park DRI Lot 3 Existing Land Use/Zoning: Office - Industrial (01) / Planned Industrial Development (PID) Proposed Land Use/Zoning: N/A Proposed Use: Uons Club Meeting Hall Acreage: 4.075 acres Adjacent Uses: North: Right-of-way for Lake Worth Drainage District L-21 Canal, then farther north is developed residential property (Dos Lagos) with a Low Density Residential (LOR) land use designation, zoned Planned Unit Development (PUD); South : Right-of-way for Quantum Boulevard, then further south is developed property with an Office - Industrial - Hotel (OIH) land use designation, zoned Planned Industrial Development (PID); East: Right-of-way for LWDD E-4 Canal, then farther east developed property (Masonic Lodge) with an Office (0) land use option, zoned Planned Industrial Development (PID); and ---_--.-.----...-~-~..~..- - -,' .<- --.....~."~.... . -~,~.--=._.........>,..-.-~-~----_.~'.. - Quantum Park DRI Lot 3 (USAP 04-005) Staff Report Memorandum No PZ-04-203 Page 2 West: Developed commercial property (Shoppes of Boynton) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3). BACKGROUND Mr. Aaron P. Bowles, President of the Boynton Beach Lions Club, has submitted an application for use approval in the Quantum Park Planned Industrial Development (PID) (see attached location map - Exhibit "A"). The proposed change to the list of permitted uses would be worded as follows: . Lions Club Meeting Hall The approval of a list of permitted uses is required for all Planned Industrial Developments. The original Quantum Park PID Master Plan has been established incrementally and lacks the above-referenced use. In approving a particular use, the Planning and Development Board must make findings that the proposed use will not be in conflict with the performance standards listed in Section 4.N. of the zoning regulations, and that the uses proposed are consistent with the intent and purposes of the Planned Industrial Development District. ANALYSIS The applicant is required to address the Performance Standards listed in Chapter 2, Section 4.N of the Land Development Regulations as they relate to the proposed list of permitted uses. The purpose of the Performance Standards are to ensure that uses will not be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or right-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust, or other particulate matter; toxic or noxious matter; odor, glare, heat or hum.idity; radiation, electromagnetic interference, fire or explosive hazard, liquid waste discharge, or solid waste accumulation. The applicant has provided a description of their request relative to the performance standards within Chapter 2, Section 4.N of the Land Development Regulations to evaluate the impact and appropriateness of this use within the PID district (see Exhibit "B''). These responses are listed as follows: 1. Noise: No use shall be carried out on the property so as to create sound which is in violation of Section 15-8 of the Oty Ordinances. The applicant certifies that the above requested use shall be conducted entirely within the building and shall not produce sound in violation of Section 15-8. 2. Vibrations: No use shall be carried out on the property so as to create inherently and recurrently generated ground vibrations, which are perceptible without instruments at any point at or beyond the property line. The applicant certifies that the above requested use shall not create ground vibrations, which would be perceptible beyond the property lines of the subject lot. 3. Smoke, dust, dirt, or other particulate matter: No use shall be carried out on the property so as to allow the emission of smoke, dust, dirt, or other particulate matter, which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way beyond the property line. Furthermore, no use will be carried out on the property so as to allow the emIssion of any substances in violation of any federal, state, county, or city law or permit governing the emission of such substances. The applicant certifies that the proposed use does not produce smoke, dust, dirt, or other particulate matter and shall comply with all federal, state, county or city laws or permits pertaining to same. Quantum Park DRI Lot 3 (USAP 04-005) Staff Report Memorandum No PZ-04-203 Page 3 4. Odors and fumes: No use shall be carried out on the property so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the property. The applicant certifies that the proposed use does not produce any objectionable or offensive odors or fumes. 5. Toxic or noxious matter: No use shall be carried out on the property so as to allow the emission of toxic or noxious matter in such concentration as to cause damage to property, vegetation, discomfort, or harm to persons or animals, or otherwise prevent the reasonable use and enjoyment of property or rights-of-way at or beyond the proposed property boundary; or to contaminate any public waters or any groundwater. The applicant certifies that the proposed use will not produce toxic or noxious matter so as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. 6. Fire and Explosion: No use shall be carried out on the property so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way or any persons or property thereon. Furthermore, the storage, use, or production of flammable or explosive materials shall be in conformance with the provision in Chapter 9 of the City of Boynton Beach Code or Ordinances. The proposed use does not create a fire or explosive hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. 7. Heat, Humidity or Glare: No use shall be carried out on the property so as produce heat, humidity or glare readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting, which is used to illuminate any property or use, shall be directed away from any residential use, which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. The proposed use does not produce heat, humidity or glare. No additional lighting is being proposed for the buildings and the site complies with the City approved site plan, which required that lighting be directed away from any residential use. 8. Liquid Waste: No use shall be carried out on the property so as to dispose of liquid waste of any type, quantity, or manner, which is not in conformance with the provisions of Chapter 26 or the Oty of Boynton Beach Code or Ordinances, or any applicable federal, state, or county laws or permits. Any applicable provisions of Chapter 26 of the City Of Boynton Beach Code of Ordinances, or any applicable federal, state, or county laws or permits shall be complied with. 9. Solid Waste: No use shall be carried out on the property so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of- way. The proposed use shall be in compliance with Chapter 10 of the City Of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan. 10. Electromagnetic Interference: No use shall be carried out on the property so as to create electromagnetic radiation, whIch causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined, by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries , ~------ ,- -_.__£_"-~.-_...._-_._-~--~-..............-~~.~.-~--.- .._,-,,~..-,- -.,. Quantum Park DRI Lot 3 (USAP 04-005) Staff Report Memorandum No PZ-04-203 Page 4 Association. Furthermore, no use shall be carried out on the property so as to cause electromagnetic radiation, which does not comply with the Federal Communications Commission Regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. The proposed use shall not create electromagnetic radiation. 11. Hazardous Materials and Hazardous Waste: The operator of any use on the property that uses, handles, stores, or displays hazardous materials or that handles hazardous waste, as defined in 40 Code of Federal Regulations, Part 261 shall be required to obtain a permit in accordance with Section 11.3, Environmental Review Permits of the City Ordinances. The proposed use does not use, handle, store or display hazardous, or generate hazardous waste. The above-referenced testimony by the applicant certifies that the proposed uses would not violate any of the performance standards listed in Chapter 2, Section 4.N of the Land Development Regulations. The approved site plan shows that the two (2) buildings were approved for a total of 46,660 square feet. The parking methodology was based upon the following: · 23,330 square feet of office area at a rate of one (1) space per 300 square feet · 23,330 square feet of warehouse at a rate of one (1) space per 800 square feet The approved site plan indicates that 107 parking spaces were required and that 132 or an excess of 25 parking spaces were provided. Earlier this year, Medical Offices were added to the list of permitted uses for Lot 3, and last year use approval was granted for the following uses: · Gymnastic centers and cheerleading schools; and · Installation, repair, and service of alarms, stereos, and window tinting for automobiles, and ancillary sales. The new uses approved for Lot 3 over the past two (2) years are important to note because of their inherent need for additional parking spaces. For example, gymnastic centers and cheerleading schools require one (1) parking space per 200 square feet of gross floor area. The proposed "automobile" type uses would also require parking at a higher rate (one space per 250 square feet). Similarly, medical offices require more parking than typical "office" or warehouse uses, requiring one (1) parking space per 200 square feet of gross floor area. As previously mentioned, the site plan originally provided an excess of 25 extra parking spaces. However, a variance (ZNCV 03-008) approved last year allowed a reduction in the width of the western perimeter buffer to allow construction of additional parking spaces. Subsequent to variance approval, a request for minor site plan modification (MMSP 03-095) for the construction of 23 parking spaces along the western perimeter was approved on October 17, 2003. Now, the plan provides a total of 155 parking spaces, or an excess of 48 spaces based on a combination of office and warehouse uses. However, an insufficient number of parking spaces exist to support office uses throughout the entirety of the project. To solve this problem, the property owner has agreed to monitor the businesses and their respective parking requirements for each tenant by using a spreadsheet. This spreadsheet would be submitted as part of the building permit and occupational licensing process in order to help mitigate any future parking problems. Also, according to the developer, each tenant lease or sales agreement would require a copy of the spreadsheet and that document would be submitted with an application for occupational license. This spreadsheet would be maintained and continuously updated by the property owner or the property owners association. It would indicate the amount of provided parking Quantum Park DRI Lot 3 (USAP 04-005) Staff Report Memorandum No PZ-04-203 Page 5 on the site, the deduction of required parking per bay, the applicable calculation rate, and the remaining unallocated amount of parking spaces. Obviously, it is the City's responsibility to ensure compliance with the parking requirements. However, the burden of proof is shifted to the property owner who would perpetually maintain the "spreadsheet" for review by the City (see Exhibit "c" - Conditions of Approval). As previously mentioned, the subject property currently contains an Office - Industrial (01) land use option. This request for Use Approval is to allow the very specific use of a meeting hall for the lions Club under the "Office" land use option in Lot 3 in the Quantum Park PID. The City has previously approved an addition to the Quantum Park Use list for a "meeting hall", the Masonic Lodge, under Use Approval application USAP 99-005. However, the Use Approval was specific to the Masonic Lodge, not meeting hall, clubs or organizations in general. The meeting hall, like dance instruction/gymnastic uses previously approved, does not have the same general hours of operation typically found in office and industrial businesses and complexes. The meeting hall traditionally operates after typical businesses have ceased operations for the day or on the weekend, thus not competing for available parking spaces. Given the nature of the type of use and characteristics of its parking demand, staff is satisfied with the compatibility of this use with those others already allowed in the Quantum Park PID. RECOMMENDATION It is the determination of staff that the requested use would be consistent with the intent and purpose of the Office designation in the Quantum Park PID and could be located on any parcel containing Office (0) as one of the land use options. Therefore, staff recommends approval contingent upon meeting the conditions listed in Exhibit "c" - Conditions of Approval. Additional comments recommended by the Board or Commission would also be included in Exhibit "c" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP 04-005 LIons aub\Staff Report.doc .. '---~'-'-'---~- .--' -.. <--- ,----,~-~~ .--'-'-'" ..,. ; Location Map EXHIBIT "A" Quantum Park Lot 3 ~/ ¿J D C3 e N . .- .~. 5 EXHIBIT B BOYNTON BEACH LIONS CLUB 3615 West Boynton Beach Blvd., Boynton Beach, Florida 33436 PHONE 732-9664 Meet With Us Tuesday - 6:30 P.M. June 3, 2004 City of Boynton Beach [õ) f~J~ ~ ß w ~l® Boynton Beach, FL Re: Property Purchase Lions Club ,', JUN 92004 , ì , ¡ To Whom It May Concern: \ The Lions Club of Boynton Beach, Florida is purchasing a property in the warehouse center known as West Quantum Plaza. This property, 2439 Quantum Blvd, is being used to serve as a common meeting area for the members of the Lions Club to carry out their mission statement and take care of any business at hand. The property will abide by all zoning codes such as: 1. Propèrty will not be a nuisance or hazard to any persons, animals, vegetation or property located on or nearby property. 2. Will not create any vibration, noise, smoke, dust, toxic or noxious matter, odors, etc. 3. No chemical hazards, explosive materials, liquid waste discharge, or solid waste accumulation. 4. No heat, humidity or glare shall be carried out. 5. No Electromagnetic interference shall be carried out to create electromagnetic radiation which would cause abnormal degradation of performance of any electromagnetic receptor. 6. We will not generate any hazardous waste or have hazardous materials, Should we encounter such materials, we will follow Federal Regulations and local code to properly dispose and report such findings. The Lions Club recognizes the local zoning requirements and win abide by these statutes. We sincerely request ftom the City of Boynton Beach approval to pmchase this property for the intended use of holding our weeldy meetings. If you have any questions regarding this memo or our intensions for this property, please feel ftee to contact me at the following number: (561) 732-3026. .---? ---- Ceil- , Sfor-t,6,;.- ~ AARON P. BOWLES PRESIDENT -~ BOWLES . E.!-f;~~~ .---- ----' RESIDENTIAL. COMMERCIAL · INDUSTRIAL PHS61 -732-3026 FxS61-732-61 33 ~13NC': .f. ( I < ~ , l . L- r-' 1-_ ---.. .,.... ....u -.,.....-.__ __,><_,~__ft_~<._. ~ ~ _ __Å>.~___~" _.""". ~O__ ¿¡;_-~ _. -~.. EXHIBIT "C" Conditions of Approval Project name: Quantum Park DRI Lot 3 File number: USAP 04-005 Reference: Quantum Park DRI Use List Revision Request (Lions Club) I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING 1. The owner of Quantum Park Lot 3 has agreed to monitor the future business X of each tenant and their required parking. This monitoring system would be accomplished by using a spreadsheet. This spreadsheet would be Conditions of Approval 2 I DEPARTMENTS INCLUDE I REJECT I continuously maintained by the property owner or property owners association and submitted to the Building Division during the pennitting process for interior renovations. In addition, the property owner (or tenant) would submit this updated spreadsheet to the Occupational License Division when applying for an occupational license for a future business. Staff agrees with this monitoring system and further recommends that no occupational licenses or building pennits be issued until the applicant formally and satisfactorily demonstrates compliance with all applicable parking requirements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be detennined. S:\Planning\Shared\Wp\Projects\Quantum Lot 3\USAP 04-005/Lions Club\COA.doc "--- -'--'---~~-~ '" - -,,",~'-~-<"-'< ~.~-""",~./-.,.-...,- ~-~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park Lot 3 APPLICANT'S AGENT: Mr. Aaron P. Bowles, President, Boynton Beach Lions Club AGENT'S ADDRESS: 3615 West Boynton Beach Blvd., Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 7,2004 TYPE OF RELIEF SOUGHT: Request use approval for Lions Club Meeting Hall on Lot 3 in the Quantum Park PID. LOCATION OF PROPERTY: Lot 3, Quantum Park PID DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Pfanning\SHARED\WP\PROJECTS\Quantum Lot 3\USAP 04-005/Lions Club\DO USAP 04-D05.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEAC] ITEM D.3. AGENDA ITEM REQUEST FOKlVl Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October S, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2,2004 o October 19,2004 (Noon) October 4,2004 r8J September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18,2004 o September 21 , 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 () C'? C)-I ~ ~-< ::D" -~c::> 0 Administrative 0 Development Plans c:: -q Ç) ':Î ;-eJ NATURE OF r8J Consent Agenda 0 New Business ~" i-¡-lD U1 ::G-( AGENDA ITEM 0 Public Hearing 0 Legal >-.",:z: -cJ .-c,')-I 0 Bids 0 UnfInished Business - C> -'- oz r -.." 0 0 Presentation ..,-¡co Announcement " -r:1 0 W 0-;:. City Manager's Report 0"\ rt"1o :J: RECOMMENDATION: Please place this request on the September 7, 2004 City Connnission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-205. EXPLANATION: PROJECT: Church of Jesus Christ of Latter Day Saints (MSPM 04-002) AGENT: Franz Shropa, AIA OWNER: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints LOCATION: 1480 Knuth Road DESCRIPTION: Request for Major Site Plan Modification approval for the construction of a 5,004 square foot addition to an existing place of worship on a 4.26-acre site located in the Hampton Planned Unit Development (PUD) zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES:,/ N/A City Manager's Signature l::dd a:~~t"' City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Church of Jesus Christ of Latter-Day- Saints\MSPM 04-002 Expansion\Agenda Item Request Church Jesus Christ Latter Day Saint MSPM 04-002 9-7-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-205 STAFF REPORT TO: Chairman and Members Planning & Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP ~ Planner DATE: August 17, 2004 PROJECT NAME/NO: Church of Jesus Christ of Latter-day Saints / MSPM 04-002 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: The Presiding Bishop of The Church of Jesus Christ of Latter-day Saints Applicant: Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, a Utah corporation sole Agent: Mr. Franz J. Shropa, AlA Location: Northeast corner of Woolbright Road and Knuth Road (see Location Map - Exhibit "A") Existing Land Use: Medium Density Residential (MDR) Existing Zoning: Planned Unit Development (PUD) Proposed Use: 5,004 square foot addition to existing church Acreage: 4.26 acres (185,570 square feet) Adjacent Uses: North: Developed residential (Belmont) with a Medium Density Residential (MDR) land use classification, zoned MUlti-famly residential (RM); South: Right-of-way for Lake Worth Drainage District Canal L-26, then further south is right-of-way for Woolbright Road, still further south is developed residential (Quail Run Villas) with a Low Density Residential (LDR) land use classification, zoned Planned Unit Development (PUD); East: Developed residential (Lakes of Tara) with a Low Density Residential --- --. "- ~-----.<_. ~-----~~~<~~~-~- '.-.. ~,,-h·_o__~~_~__ Staff Report - Church of Jesus Christ of Latter Day Saints (MSPM 04-002) Memorandum No PZ 04-205 Page 2 (LDR) land use classification, zoned Planned Unit Development (PUD); and West: Right-of-way for Knuth Road, then farther west is a developed gOlf-course (Quail Ridge Golf Course) with a low Residential (3) land use classification, zoned Palm Beach County Agricultural Residential (AR). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject major site plan modification were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. Franz J. Shropa is requesting major site plan modification approval for the construction of a 5,004 square foot addition to an existing 11,755 square foot church for a total of 16,759 square feet. The City Commission approved the original site plan (NWSP 00-010) for the one-story church on August 1, 2000. The site plan was subject to 21 conditions of approval. According to the applicant, the classrooms that are in the building are used for religious teaching purposes and would not be used for shop classes. Also, the number of seats in the chapel area would increase by 88 seats, from 172 to 260 seats. Site Characteristic: The survey shows the site has been developed with the church with its required drive aisles and parking areas. The parcel was previously vegetated with trees and undergrowth of a native scrub habitat. At that time, the City Forester required the preservation or relocation of the 73 specimen trees. The northern area of the subject site contains a 0.76-acre detention lake for the Planned Unit Development (PUD). ANALYSIS Concurrency: Traffic: A traffic statement for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Traffic Division certifies that the proposed expansion meets the Traffic Performance Standards (TPS) of Palm Beach County. However, no building permits are to be issued after the 2005 build-out date (see Exhibit "c" - Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: This project has two (2) existing 22-foot wide driveway openings on Knuth Road. Staff Report - Church of Jesus Christ of Latter Day Saints (MSPM 04-002) Memorandum No PZ 04-205 Page 3 The driveway separation, measured from centerline to centerline, is 305 feet. Both driveways accommodate two-way traffic. The proposed addition has no impact on the driveways. Parking Facility: Required parking for churches are based on the following ratios: one (1) parking space per four (4) seats in the sanctuary, one (1) space per 100 square feet of youth meeting room, one (1) space per 500 square feet of classroom area, and one (1) space per 300 square feet of church office. Therefore, a total of 136 parking spaces would be required subsequent to the proposed interior renovations coupled with the proposed building addition. The site plan (sheet SD1.1) indicates that there are 137 existing parking spaces on-site, an excess of one (1) extra space. No new parking spaces are proposed other than the new handicap accessible spaces. These new spaces would adhere to the dimensions of current standards. The number of standard parking stalls in conjunction with the design of the original parking lot was previously planned for this type of building expansion. Landscaping: The site plan tabular data (sheet SD1.1) indicates that the proposed open space or "pervious" area would be 1.99 acres or 46.7% of the site. The landscape plan (sheet l1.1) shows that several Slash Pines and palm trees would have to be removed as a result of the proposed expansion. These trees, in particular, the Cabbage palms, would be relocated elsewhere on-site. Generally, the survivability of relocated, mature Slash pine trees is low so it makes more sense to replace them with a similar and hearty, native shade tree. The front of the building addition would be "softened" with clusters of Dwarf Schefflera. Also, the project's existing landscaping was originally designed in 2000, prior to the revisions made to the landscape codes. Therefore, the landscaping for the entire site would have to be brought up to current standards because this application is a major site plan modification. In response to the new landscape code, the front (west) landscape buffer along Knuth Road would still contain the existing Uve Oak trees but new plant material would also be installed as well. According to the master plan list Itemized on sheet l1.2, this new plant material would include the following species: 149 Variegated Dwarf Schefflera, 42 Pine Land Allamada, 88 Wild Allamanda, 107 Simpson's Stopper, 42 Sweet Acacia, and four (4) libouchina granulsola trees. However, the plant list does not indicate the total number of existing and proposed native trees and shrubs. It is believed that at least 50% of the plant material is native but staff cannot confirm this at this time. Therefore, at the time of permitting, a revised landscape plan plant list is requIred to ensure compliance with Chapter 7.5, Article II, Section 5.P. of the land Development Regulations. The plans should provide the overall percentage of native plant material by categorizing the following plant types: canopy trees, palm trees, and shrubs I groundcovers. Staff recommends using an asterisk to Identify the native plant material (see Exhibit "c" - Conditions of Approval). Building and Site: The proposed building addition was planned when the church was first constructed several years ago. This major site plan modification now represents the proposed expansion. The building and site design as proposed would generally meet code requirements when staff comments are incorporated Into the permit drawings. The ._____.~~_.._~"___'h~_~_ ______ __ ._~ _ .____ _________,~_...,~. Staff Report - Church of Jesus Christ of Latter Day Saints (MSPM 04-002) Memorandum No PZ 04-205 Page 4 church would be a total of 16,759 square feet upon completion of the building addition. The site plan tabular data (sheet SD1.1) itemizes the uses and varying room sizes inside the building. The list includes the following uses: auditorium, office, recreation, elementary classroom, and secondary classroom. Design: The existing church building is constructed from Indian red brick. The building's architecture reflects a traditional church design complete with a steeple constructed in white aluminum. The roof is made of charcoal gray architectural grade fiberglass shingle. The north and south entrances mirror each other and consist of three (3), paned doors topped by large clerestory windows. Although the design is different from the residential development of the PUD, it is not incompatible. The subject property and the residential development to the north are separated by a detention lake, which allows the church to stand alone in terms of its design. The eaves, window frame, doors, fascia, brick, and roof of the proposed building addition would match the existing structure. A note on the elevation indicates "all materials and colors will be consistent and uniform on all buildings on the site. The existing church, the new church, and the existing storage building will have identical materials and colors". However, the center section (shown on the west elevation of sheet A-3) would be made of solid white block material, which is used to break up the solid brick. Signage: The elevations show that the existing wall sign, approximately 15 square feet in area, would be removed from its current location on the west building façade and relocated to the same position on the west façade of the building addition. A note on the elevations (sheet A-3) indicates that the sign surface would be made of stone. The applicant informed staff that the materials used in the construction of the sign is shipped from Utah. The sign area would comply with the Land Development Regulations. RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for major site plan modification and is recommending approval contingent upon satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Planning & Development Board or Oty Commission shall be documented accordingly in the Conditions of Approval. EJ S:\Planning\SHARED\WP\PROJEcrs\Church of Jesus Christ of Latter-Day- Saints\MSPM 04-002 Expanslon\Staff Report.doc , LOCATION MAP THE CHURCH OF JESUS CHRIST OF LA TTER-DA Y SAINTS EXHIBIT "A" BOYNTON BEACH BLVD. a ð a:: -.J ~ Lu - ::> ~ :::J ~ ~ ~ l.1.J ~ ::::> >- ~ ct: CI) ~ CI) - l.1.J -.J SITE a:: - ~ C) ~ 0 ü WOOLBRIGHT ROAD BOYNTON BEACH FLORIDA , (NOT TO SCALE) ------_.---- ---~....-.--......---.~...- -~ .~-^'~-~~..--.- . '-'-'~'-- .~-..--....'--_. ~-~....,~.þÒ-. EXHIBIT "B" ~jI¡ -. n .. ~. __,,_..__ __, . ,,' "~.n._ ~-{,,, ¡..,.¡mi ! $ "'~~'.""" ..~~ · -~ . ..~~. f- /1Z:5 ''-'.' .> ~...t.. ·,c' ~. 0.'. .~." _.' '''''''~.AS.'-_'''¡'¡¡''~ ." '" .., = ~..~~ --i: IGJ '.' ~'nl'!!hd' ~ {cfi""- . - . -þ. --- ~ .~. k íì i! \ - w...: " .. ,~~ :.-----¡;.-;.--..' - '___!o __'_n_.._..___.._",;.__ L ~/ "'I /.Uti rtIirI.........¡.,- ¡ ;, l' I ; I ~ ~ r I I l' IJ ,- - - ~. " , I .1111 ..,.-n; 1 11-' LL~_'- r='J~ · ·,J_I-" 1 -t.....----''' ,,- ct"¡ " ._.,. 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Ã) _ _ ! ... aaøc... 8CWIITØt IJIUC.I 'ØII) ........ .. .-..-. ~ .-.- -- I 9 't!· t fl- EXISTING SITE PLAN .-- IlESTI'AUlIEAC<, ~".__IUIII_. _ =-- I - ¡¡:II ... ~ -- _~_ ___ ~I T ........ 7_" ___ EXHIBIT ''8'' I 1'11'1 xx -1- M'" ;0-1 i5z ",CI ~PŠ ~Mr ~<t::I 3>- .--tZ ~§CI .>. ! 1'11'1 XX -1- M0 ;0-1 õZ ;oCl ~I'l~ r_ ~l""'1r ~<t:> 'Iþ- :~~ '0 'IZ W ! Iii ~ ~~ I _Is i Ð I ~ ~ i ! ! ~ . ~ ~ . ~¡;;¡ '-1 -þ ~- ;r e~ ;¡ ~; ~ il ~ :I þ 7 I~ ~~ . ~ I!I~ ~;;t~ H I:! - ¡!!::! ~'=' Ii i a ~t r ~i ~ ~ . - --- ___AoM. I -- mYN1t1t I£ACtf WNilD -..--. .. _ ..-u: II.I'ü ~ ~,. [XI STING JUlUllNi __ \/EST Pl>l.M BEoICH. ~:.-=-~ I :,.¡ DT£RIIJI! ElEVi\TQ4 ........." rlllllDO STAIC[ .... __nae - ,----~,-"'"'"..'~.._-, ,,~~--~ - .._----~. EXHIBIT "8" p ,-U ~~ ,r ,< þ " 0 :;u -;u ,., -< þ = :;u R t:1 ~. ¡; ,., iiã :;u ~ t:1 Gi ,., -< J> a r t:1 " 1"'11"'1 :n xx MI'1 -1- xx MVI -1- ;0-< MVI ëiz ;o;j ;oC> !ij~ ~1'1"" 1M'" ..r-5 -Mr rC «t:1 ~fT1r ~~z ~<t:1 .~z 'ëiC> 7-C> z ~D :z ro ? j!j .: J~ " "-< ~ ~J> ¡; ~r i¡ D !!~ ï ~I ~ " ~ ~ ...... r VI -t 0 :z 1'1 ~ !~ } , ..... -þ ~- $i~ !11! a~ ..r . ¡; !! ~1iI ~ ... -I i!i~ .~ ,~ !Z- M $!lit ! ~~ I F~ t:' j1l;:! ..,~ Ii I .... W '" WU1 .... . ___I>U. I --. _HTIIII KOCH VAR. ........ ~ ....... ~ ... _ .-u ana ~ £JJST:N¡ ILØLmNG - .... t4.S1 PIILM I£ACH. ~~~ ru DnJDØt n[VA'ßIIoJS .-" II.IIOM "TAlC!: I - -.... EXHIBIT "B" - ~-- ~--~--~ ç f j ,~- , '17.=::' · -~ _;1\- ~~~-~"-~~-,,>~ ".::...._-,,--""::""".......~ _-"'_"''''__'<'''':,,-~n= "'___"'-""-- r.:!t>- -= .,.","'''j.~~._._~'':.'':..~~-{:.ði5-.._--~ .==.'<."'----' .....~ "- _' _""..._."''''''>~....... ~ ....4", 000 I I I! I ~ .1 I I ~ o~,. * III I ::tI ~ ~! I ~ I~ I . ï 0'" @ "'~ C::I U I I }!z "'e> I i 5 i I nt ~~ æ ~ I r t::J ;a . , . .Ð / .' '5 ¡ ~ I I:S g UI I " is :;J ~ ~ § ~ q , ¡ "'.. ..... .. ) ---~ I I -........ ADPrnOtm a A&.ttRA'IICIe .....,..... ., ,.""... ~ NElt' LANDSCAPE .... -- 10tHE_øo:::::.- ...._____ I PLAN .--- FLCN)A ST....[ fILMIf.~ 1'Dt7 -- "n"__"_ ,', . ___ _____~_.~u_~__.._~._ _.~._>.__ EXHIBIT "B" /i'(- ;m- /r--.. - x ~ï~i . /'" >< ~ j~ 1'- .¡ m.~ 8 ~.Ý~·; ~jliS1! T"P)I ~ ~ " 11111'1 I ~ ~~~~ í~i~ i'i ¡:; ~ ~ ~ ~ ! ii~f ~~~ i .. ~ I ~ ~ /~~ ~~....~ -< :2 . .~~~ ~ ·I~ ~~~~ n C "~.~ ~ >< '7 f-' ~ ~ )< ..I~ ~ ~ ~ n ~ ~ -----_ J> >< ~ ~ a ~ ~ ~, ;P' i i'li ~ x :1 ( I c: II ::¡ ..\0 ~ ~-,o; C M ,i t::::I V )en>( Š g § . ~ š; š~:z ~ ...~ .., J! J! ¡; :; ~;; ~ ~J ~ ~ ;..... :: :: :: :.. ~~;; g ~ Jr:: ;...~ .. ' . 1'1 ..;..¡" i ! ~ ! ! ~ !: : ~ :(/)( ~ ~ JlD ;: ~~;¡~J:~¡;:: -"/// ~ ¡.. I-- ::: ~;:.., ~ J ~ ~~ ,,~ ~ ii ~ a ~ ~ ~ ~¡: § ~i + ~ ~ ~ ~:2 + K; ~: \1 \1 'G iI" .. M~ ~ ~ '\ ~ µ t7 '"..? III ¡ J ~ ~ ~ I!p j{ 0... 'i: ri ' ? a 6 6 .. .. .. B~ ~ ~ ~ l ~ II'"----J¡ ~ ¡¡ ~ ~ ~ li;p ~ !7 ~ .. iii .. .. jI¡ ct ;.hf¡' \ J . i 'G ~ ~ ~i ~ I ~ ¡ .. š ¡;¡.. g- > I ¡ ~~,¡ n !:III ¡ ¡ ~ ,.,ìh "'" )) ')('Io. Vv /. ¡¡¡~~ ~?' '¡YJ v/, ~¡ ~!, ~~~~ -, - ~ :¡¡¡ "f¡ '- ~ '\ "'< =; i; ""-,,, : v / // , i.. f! , ~ '" "< 9 v /~ · z ~ z ) 1_ ö~ ~ ~ ( 'LJ ~ Ã~A7 ig ~v ~~ :~ ~ ~~~W ~~ ~~m . !~ ~~ ~ Q~ · CD ~,,~ ~œ '. ~¡!¡i~ ~~ ~L/~ ~~ :~¡~;I I , ~ ~~ ~ ¡;f§ f""v-, :J ";31-< VLJ ~ ~ w , a -~ AllllJI]MS .. IlL l[MTI[hS ,... "..", .-.No u.¿ I __ :...r TQ THt JlJYN'TOM a:M)t. \tARB ....,.... · ~ ~ -u::ø ~~~~,:c'" ~:=.-=-~ I .--.... EXHIBIT "C" Conditions of Approval Project name: Jesus Christ Church of Latter Day Saints File number: MSPM 04-002 Reference: 2nd review plans identified as a Maior Site Plan Modification with a July 20, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 1. Show all existing utilities on Site Development plan (LDR, Chapter 4, X Section 7.A.3). 2. Show all existing drainage on the plans. Show or provide documentation that X the existing and proposed storm water system is adequate to handle the proposed addition. 3, Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5, will be required at the time of permitting. 4. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 5. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p,s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b». ._ _.. _. '_~H---'_ __~___. _.~ . .-~._~ ~~''''''~--'--''-~' ~ COA 08/20/04 2 DEPARTMENTS INCLUDE REJECT 6. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 7. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction, 9. Vertical accessibility to the second floor area shall be required per the 2001 X FBC, Sections 11-4.1.2, 11-4-1.3(5) (New Construction) and Section 11-4.1.6 (Alterations). 10. From the FIRM map, identify in the site data the title of the flood zone that X the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. 11. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: ~ The full name of the project as it appears on the Development Order and the Commission-approved site plan. ~ The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) COA 08/20/04 3 DEPARTMENTS INCLUDE REJECT 12. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 13. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 through 105.3.6. The following information must be submitted at the time ofpennit application: The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building pennit for the construction of a threshold building; All shoring and re-shoring procedures, plans and details shall be submitted; All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as detennined by the local authority in accordance with this section and F.S. Section 633. 14. The minimum number of sanitary facilities shall comply with the 2001 FBC, X Plumbing, Table 403. PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: 15. At the time of pennitting, a revised landscape plan plant list is required to X ensure compliance with Chapter 7.5, Article II, Section 5.P. of the Land Development Regulations. The plans should provide the overall percentage of native plant material by the following categories: canopy trees, palm trees, and shrubs / groundcovers to ensure compliance with this code requirement. PLANNING AND ZONING Comments: <'~~~''''''''''-..~-=--~,<>-.~~.-- .-,___",,,~,"._.<c_ >------~. ~M'___..."'_____>."_, .->-",," COA 08/20/04 4 DEPARTMENTS INCLUDE REJECT 16. The Traffic Division certifies that the proposed expansion meets the Traffic X Perfonnance Standards (TPS) of Palm Beach County. However, no building permits are to be issued after the 2005 build-out date. 17. The parking calculation table (as shown on sheet PZ1.I) should indicate that X 136 parking spaces are required and that the plans provide an extra parking space. Revise the note to reflect the same. 18. On the site plan tabular data (sheet SD 1.1), indicate all project infonnation X under the "sq.ft" and "% of site" and ensure that it is complete and accurate. PLANNING & DEVELOPMENT BOARD CONDITIONS: Comments: 19. None X CITY COMMISSION CONDITIONS: Comments: 20. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Church of Jesus Christ of Latter-Day- Saints\MSPM 04-002 Expansion\COAdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Jesus Christ Church of Latter Day Saints APPLICANT'S AGENT: Mr. Franz J. Shropa, AlA AGENT'S ADDRESS: 300 Northwest 70th Avenue, Suite 205 Plantation, FL 33317 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 7,2004 TYPE OF RELIEF SOUGHT: Request major site plan modification for a 5,004 square foot addition to an existing church on a 4.26-acre parcel located in the PUD zoning district. LOCATION OF PROPERTY: Northeast corner of Woolbright Road and Knuth Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "c" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planníng\SHARED\WP\PROJECTS\Church of Jesus Christ of Latter-Day- Saínts\MSPM 04-002 Expansion\DO.doc ---__~__,,_._ - h___ 't"' , VI.-CONSENT AGENDA ITEM D.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.)July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 IZI September 7,2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 Ç) ~ (") -i .:=- ::::¡-< 0 0 :Do -(0 Administrative Development Plans c: ,> ..., ø NATURE OF ~ Consent Agenda 0 New Business W :-co '-'0 AGENDA ITEM - 2-< 0 Public Hearing 0 Legal - other -''-. :z: 0 0 ;po eJ-) -i Bids UnfInished Business 3: 0 .::) ...... ë5 -- 0 Announcement 0 Presentation ., ."ro w -/T1 0 City Manager's Report CJþ - "'a ::x: Revised RECOMMENDATION: Please place this request on the September 7,2004 City Commission Agenda under Consent Agenda. Both the Planning and Development and Community Redevelopment Agency Boards voted unanimously to approve this request. If supported by the Commission as a consent item, a public hearing will be scheduled, a newspaper ad processed and an ordinance prepared by which the Land Development Regulations would be amended. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-193. EXPLANATION: PROJECT: Car Rental (CDRV 04-006) AGENT: Michael A. Rodriguez, Sachs, Sax & Klein LOCATION: Citywide DESCRIPTION: Request to amend Chapter 2, Zoning, Section B.C with the addition of supplemental regulations to include automobile rental as a conditional use on sites zoned C-3 and greater than 75 acres. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~- Develo nt Dep ent Director ~~ PI '. g and Zo' ire~or City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 04-006 Car Rental\Agenda Item Request Car Rental CDRV 04-006 9-7-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-193 TO: Chairman and Members Community Redevelopment Agency Board THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: Eric Lee Johnson, AICP rf Planner DATE: August 2, 2004 SUBJECT: Code Review - Car Rental (CDRV 04-006) To amend Chapter 2, Zoning, Section 6.C.1.cc.(3) to allow car rental as accessory to auto repair businesses on properties zoned Community Commercial (C-3) and greater than 75 acres in area NATURE OF REOUEST Mr. Michael A. Rodriguez, representative for Cendant Car Rental Group is requesting to amend Chapter 2, Zoning, Section 6.C.1.cc. (3) of the Land Development Regulations to allow car rental businesses as accessory uses to minor automotive repair in shopping centers that are greater than 75 acres. A car rental business, if proposed as an accessory use to a minor automotive repair business, would require conditional use review and approval. The revised code (underlined) is proposed as follows: cc. Repair of motor vehicles or tire sales and service, limited to minor repairs (see definitions "minor repairs''), and including car washes as an accessory use, are as follows: (1) This use is not permitted on sites less than five (5) acres in size. (2) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate stand-alone building and I or outparcel within a commercial Master Plan, provided that the subordinate stand-alone building and I or outparcel within a commercial Master Plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (3) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. Rental of new or used automobiles will be allowed as an accessory use within said buildina subiect to the following conditions: (i) The customer service area shall be located within said buildina. (ii) No more than fifteen (15) automobiles shall be stored on-site for the Durpose of rental. Said automobiles shall be stored in marked stalls. (iii) No fuelina or re-fuelina of automobiles shall be Dermitted on-site. Page 2 CDRV 04-006 It should be noted that the subject request would only affect one property, namely the Boynton Beach Mall. No other property within the City is 75 acres or larger and zoned Community Commercial (C-3). Cendant Car Rental Group seeks to locate their car rental business at the detached Sears Automotive service center at the Boynton Beach Mall. BACKGROUND The City's Occupational License section categorizes car rental facilities consistent with the North American Industry Classification System (1997), which was formerly the Standard Industrial Classification Manual (1987). According to the Occupational License section and the NAICS, there is only one category that is classified as Car Rental. The City issues licenses for car rental business under the heading, "#532111 - Passenger Car Rental". According to the NAICS, this industry comprises establishments primarily engaged in renting passenger cars without drivers, generally for short periods of times. It excludes the renting or leasing passenger cars with drivers, such as limousines, hearses, and taxis, which would all be categorized as #4853 - Taxi and Limousine Service. It also excludes retailing passenger cars through sales or lease agreements, and leasing passenger cars in combination with providing loans to buyers of such vehicles. ANALYSIS Passenger Car Rental establishments are currently allowed as conditional uses only in the General Commercial (C-4) zoning district. They are prohibited everywhere else in the city. The applicant did not provide any written justification for the code amendment to the C-3 zoning district. Existing businesses and conditional uses The City currently has one (1) business (Enterprise Rent-A-Car) licensed for car rental. This business is located at 1009 North Federal Highway and zoned General Commercial (C-4). As previously mentioned, car rental businesses are categorized as "Passenger Car Rental" by the NAICS and the Occupational License section. However, according to Chapter 2, Section 6.0. of the Land Development Regulations, a car rental facility is allowed but only in the C-4 zoning district under the following heading: "Sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers, and commercial trucks". Furthermore, conditional use review and approval is required. Conditional uses are those uses that are perceived to have a negative impact and would not be appropriate generally, or without restriction, throughout a zoning classification or district. Conditional uses require public hearings and are evaluated on a separate set of development standards. Staff reviews each request on a case-by-case basis, ensuring that they satisfactorily meet all 13 standards for evaluating conditional uses. On August 5, 1997, the City Commission granted Enterprise Rent-A-Car (COUS 97-001) for conditional use. Also, the business was required to obtain an Environmental Review Permit. Environmental Review Permit #01-025 was issued to Enterprise Rent-A-Center on September 13, 2001. However, the Environmental Review process has since been eliminated and replaced with the Toxic Substance Permit process, which is overseen by the Fire Department. It seems unlikely that the proposed car rental facility at Boynton Beach Mall would require a Toxic Substance Permit. The permit's applicability would ultimately be determined when an Occupational License is requested. Page 3 CDRV 04-006 General characteristics of C-4 zoned orooertv Generally, heavy automobile and commercial uses are separated from commercial nodes and public view. Currently, Passenger Car Rental establishments are therefore, allowed as conditional uses but only in the C-4 zoning district. It must be noted that it is atypical to have a C-4 zoned property located along a major arterial; however, the Enterprise Rent-A-Car site is an exception. The general intent and purpose of the C-4 zoning district is to provide adequate space for more intense commercial uses. Therefore, the "sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers, and commercial trucks" are relegated to those aforementioned areas that are heavy commercial in nature. Accordingly, the intention is to separate these sites from less-intense commercial activity and residential neighborhoods by virtue of the zoning district within which they are allowed. Staff has acknowledged that historically, many properties in the C-4 zoning district were designed and approved for heavy commercial and industrial uses with lower parking demand than their commercial counterparts. However, these older sites have been converted for automotive- intensive uses that possess higher off-street parking demands. With respect to comparative parking requirements, Chapter 2, Section 11. H., provision of off-street parking spaces, Section16.(f)(1) requires for industrial, research and development, trades, wholesale, and warehouses: one (1) parking space per five hundred (500) square feet of gross floor area; plus required parking spaces for any other principal uses, including office or retail floor area, Subsection 16.(f)(6) requires one (1) parking space per eight hundred (800) square feet of gross floor area for wholesale, and warehouse uses. However, according to Subsection 16.(d)(24) automotive paint and body shops are required one (1) parking space for every three hundred (300) square feet of gross floor area, In addition, each overhead door and interior spray booth may be counted toward a parking space, provided there is a minimum area, the size of a standard parking space, between an overhead bay door and an interior spray booth. However, in no case sha/I less than four (4) outside parking spaces be provided. Furthermore, Chapter 2, Section 16.(f)( 4), including retail gasoline sales, retail automotive parts and I or accessories sales, and automotive repairs, including major repairs, but excluding automotive paint and body shops are required one (1) parking space per two hundred (200) square feet of gross floor area. The problem arises in situations when the auto-intensive use becomes busier, the demand for extra parking spaces becomes more apparent. This is due to the accumulation of vehicles (either waiting to be serviced or retrieved by the owners) and the lack of excess or overflow parking spaces. However, these older, heavy commercial and industrial sites are typically hidden and unseen from the major arterials. Also, auto-intensive uses generally require large amounts of parking spaces. For example, a car dealership is basically just one large parking lot. Future imolication5 It was previously mentioned that the subject code amendment would only affect one (1) property within the entire City of Boynton Beach. This property is the Boynton Beach Mall. The applicant wants to operate a car rental business within a kiosk inside the Sears Automotive Center. The kiosk would mostly likely require building permits for interior renovations. No other property within the city is zoned C-3 and exceeds 75 acres. Therefore, this proposed amendment would currently have no impact on any property within the Community Redevelopment Area. The Boynton Beach Mall is a development of regional impact (DRI). The original DRI development order (D.O. R74-343) was adopted by Palm Beach County on May 7, 1974 and then later by the City of Boynton Beach per Ordinance No. 82-38 on November 16, 1982, when annexed into the city. The automotive service use was shown on the overall DRI master plan for the mall and was the subject of Page 4 CDRV 04-006 a special exception granted on September 12, 1978 by Palm Beach County Resolution No. R78-1l32. The Sears' Automotive service use was accommodated under the original DR! because of the unbuilt but approved third story of the Macy's Department store. On January 3, 1995, the City Commission approved Sears' conditional use / new site plan request (COUS 94-006) to construct a 21,694 square foot automotive service center and associated parking and landscaping. The approved site plan showed that the operation required 87 parking spaces but provided 99 parking spaces, or a net surplus of 12 parking spaces. Normally, when staff reviews for a code amendment, staff considers the potential impact citywide. However, this amendment would only impact one property so therefore, it seems logical to micro-manage and review on site-specific basis. The Sears' Automotive service center site could accommodate the applicant's request but only within the surplus of 12 parking spaces. Without site modifications, the site, and request is therefore limited to 12 spaces rather than the requested 15 rental vehicles. RECOMMENDATION Based on this analysis, staff recommends approval of the applicant's request to amend the code to allow the rental of new or used automobiles as an accessory use (and conditional use) on those sites greater than 75 acres. However, staff is recommending approval contingent upon the following text change reducing the number of stored automobiles to coincide with site capacity (from 15 vehicles to 12 vehicles), and the addition of definitions, which would help to clarify said use: (3) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. Rental of new or used automobiles will be allowed as an accessorv use within said building subject to the followina conditions: (i) The customer service area shall be located within said building. (ii) No more than fifteen (12) automobiles shall be stored on-site for the purpose of rental. Said automobiles shall be stored in marked stalls. (iii) No fuelina or re-fuelina of automobiles shall be permitted on-site. Staff further recommends amending the Chapter 1, Article II. Definitions of the Land Development Regulations to further clarify and safeguard against allowing any uses that are deemed undesirable to the City at-large. The amended language is as follows: Automobile Rental - see Passenger Car Rental passenqer Car Rental - Establishments primarilv enaaaed in rentina passenaer cars without drivers. aenerallv for short periods of time. This excludes those establishments primarily engaaed in passenger car leasina and taxi and limousine services. The amended language would allow passenger car rental establishments as conditional uses in subordinate buildings of shopping centers of greater than 75 acres and zoned C-3. The language proposed by staff recognizes the market demands; while at the same time preserving the performance and design of the Sears' Automotive service center. By initiating the conditional use requirement, the Sears' Automotive service center can be further reviewed for optimum layout, buffering, and operation in order to maximize compatibility with the surrounding area. Staff opins that the request is justified by the logical relationship between car repair and car rental, and by the fact that the city currently only has one (1) licensed car rental business. Staff also Page 5 CDRV 04-006 endorses the request given the limitations against the possible proliferation and impact on commercial corridors, and since the subject site already has the parking space capacity to support this accessory use. Furthermore, all future businesses would have to satisfactorily meet the standards for evaluating conditional uses. Each application would be reviewed on a case-by-case basis, subject to advisory Board and City Commission approval. MRfelj s: \Planning\SHARED\ WP\SPECPROJ\CODE REVIEW\CDRV 04-006 Car Rental\Staff Report.doc VI.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August 3, 2004 (Noon.) Ju]y 19,2004 c=J October 5, 2004 (Noon) September 20, 2004 c=J August 17,2004 (Noon) August 2, 2004 o October ]9,2004 (Noon) October 4,2004 [8J September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 c=J September 2] , 2004 (Noon) September 7, 2004 o November] 6, 2004 (Noon) November], 2004 (J c:> 04 _r._ =¡-< :r~ --<0 0 Administrative 0 Development Plans (~ 0-" CJ ~---co NATURE OF IZI Consent Agenda 0 New Business - f'"-;C> C¡-a >J-< AGENDA ITEM 0 Public Hearing 0 Legal ::t:z ("'::-\ -:] "°0 0 Bids 0 UnfInished Business ' ~ oz -.. 0 0 fv '"1'-';C:O Announcement Presentation ~ ¡-r\ LJ C;þ 0 City Manager's Report -.J r-r~'f~ - RECOMMENDATION: Motion to approve the updated Library Long Range Plan for 2004-2007. EXPLANATION: The State requires that each year, the City Commission formally approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. The library Advisory Board reviewed the updated plan at its August meeting and recommended its approval, PROGRAM IMP ACT: Approval will qualify the Library to apply for State Aid Grants, FISCAL IMP ACT: State Aid Grants can bring additional library resources to the community. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. The Library would also have to withdraw from the Library Cooperative of the Palm Beaches as membership in the Cooperative is contingent on meeting the State requirements. YKr~ /ØÝ~ ~ Department I1ead's Signature ity Manager's SIgnature h ~~a~~~ City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Boynton Beach City Library Long-Range Plan FY 2004-2007 A. Mission Statement. The mission of the Boynton Beach City Library is to select, organize, preserve and make available, rreely and easily, to all residents of the community, printed and other materials, within the limitations of space and budget, which will aid them in the pursuit of education, infonnation, research, recreation and in the creative use of leisure time; and further to provide skilled guidance in the use of the library and its materials and electronic resources. B. Service Statement. The Boynton Beach City Library provides our customers with the best resources and personal servIce, C. Long-Range Goals - General Statements. The following goal statements define the philosophy of service and detennine the broad-based elements ofthe practical implementation of the library service philosophy subscribed to by the Boynton Beach City Library. 1.0.Reference. Patrons receive up-to-date and accurate infonnation in a timely manner with assistance rrom courteous and intuitively alert staff. 2,O.Popular, Patrons have access to current, high demand, high-interest materials in a variety of fonnats, within a reasonable time rrame. 3,O.Independent Learning. Independent learners obtain materials, programs, infonnation and staff assistance to attain their goals. 4,O,Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 5.0,Facilities. Patrons are provided attractive, well-maintained, user-fiiendly facilities offering expanded technologies. 6,O.Staff. The public is assisted by knowledgeable, well-trained, courteous, technology and service- oriented staff, 7,O.Technology, Patrons and staffuse appropriate technology to facilitate access to infonnation. 7.0.Public Relations. The community is aware of library/museum resources and materials and the availability of staff assistance. 9,O.Cooperation, Palm Beach County residents have access to expanded services and resources by the library's participation in cooperative networks, I 10.0.Administration. The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation, and modification of the organization and its' operations, policies, and procedures. D. Goals and Objectives. 1.0.Reference. Patrons receive up-to-date and accurate information in a timely manner with assistance from courteous and intuitively alert staff. 1.1.0bjective 1, Increase transactions by two percent (2%) per year, using Fy1998 as the base year, 2004-2006, 1,2.0bjective 2. Continue to improve patron access to reference materials and magazine articles, in all formats including electronic resources, by expending 10% of State Aid Funds in this area, for the period of 2004-2006. 1.3.0bjective 3. Plan, develop and implement a business, finance and government information service program, 2004-2006, 1.4.0bjective 4. Serve as the informational resource center for education issues, 2004-2007. 1.5,Objective 5. Business Services. Develop and maintain high quality, relevant and customer- oriented service, Outcome 1, Offer staff training dealing with communication, customer relations, team building, and organizational skills, FY2005, 1.6,Objective 6. Public Services. Enhance citizen's knowledge oflibrary and museum services, Outcome 1. Promote a different service each month, FY2005. Outcome 2. Cross-promote library and museum, FY2005, 1.7.0bjective 7. Special Services, Gain regaional recognition for innovative programs involving parent-child interaction. Outcome 1. Maintain existing and create five (5) new relationships, FY2005. 1.8 Objective 8. Support Services, Increase awareness of high interest items via standard and enhanced cataloging, FY2005-2006, Outcome 1. Continue to add Lexile reading leels to catalog records, FY2005, Outcome 2, Reduce level oflegacy brief cataloging by 5%, FY2005, 2 2.0. Popular. Patrons have access to current, high demand, high-interest materials in a variety of formats, within a reasonable time frame, 2.1. Objective 1. Review and update Collection Development Plan, 2004-2006. 2.2,Objective 2. Increase total materials circulation (all fonnats) by one percent (1 %) annually, 2004- 2007, 2.3.0bjective 3. Increase total number of library cardholders by two percent (2%) annually, 2004- 2007. 2.4.0bjective 4. Expand the collection in all formats by expending up to 40% of State Aid funds in this area, 2004-2007, - ~ 2.5.0bjectiveS. Improve patron access to circulating and reference materials in all formats (including home access to electronic resources), ongoing. 3.0,Independent Learning. Independent learners obtain materials, programs, infonnation and staff assistance to attain their goals, 3,1.0bjective 1. Refine and continue to expand youth and adult computer training, concentrating on library skills, word-processing and Internet usage, 2004-2007. 3.2,Objective 2. Define, collect statistical data, such as computer use logs, classes and web site use, and measure public use of electronic resources against FY 2000 baseline, 2004-2006. 3.3,Objective 3, Finalize plans for utilizing library resources to extend hands-on learning experiences to the Schoolhouse Children's Museum, 2004-2006. 3.4.0bjective 4, Continue Youth programs and implement refinements, 2004-2006. 3,5.0bjective 5. Provide at least 8 workstations for public training in the use of the Library's electronic resources at neighborhood sites throughout the City, 2005-2006. (LST A Grant) 4.0.Formal Education, Students of all ages receive resources and staff support assisted by a strong library/school relationship. 4,1.0bjective 1. Develop one additional school partnership annually, 2004-2006. 4.2 Objective 2, Construct and implement a user survey for school-aged children, 2005-2006 4.3 Objective 3. Enhance resources to support the improvement of school-age reading, 2004-2007, 5.0,Facilities. Users are provided attractive, well-maintained, user-ftiendly facilities offering expanded, relevant and appropriate technologies. 3 5,1.0bjective 1. Operate Schoolhouse Museum facility annually, 2004-2007. 5.2.0bjective 2. Business Services, Develop and maintain high quality, relevant, and customer- oriented service., FY 2005-2006, Outcome 1, Strive for fewer incidents in and around library facilities and grounds. Outcome 2, Provide proactive security guard and staff on duty at appropriate times. 5.3.0bjective 3. Public Services. Refine and expand access to electronic equipment and resources for all ages. Outcome 1. Offer patrons at least eight (8) computer classes on a variety of subjects FY2005. Outcome 2. Continue to request and add patron email addresses to COALA database and encourage patrons to set up PIN numbers to use special COALA features, FY2005. 5.4.0bjective 1, Business Services. Implement library design and construction, FY2005. Outcome 1, Monitor the library design and construction project, FY2005. 5,5.0bjective 5, Special Services. Recruit, train, and sustain a dedicated staff, board, and volunteers, FY2005. Outcome 1, Evaluate, revise and implement the strategic plan, FY2005. 5.6.0bjective 6, Support Services, Create a unified electronic infonnation source. Outcome 1, Implement SIRS! hardware replacement, FY2005, 6,O.8taff The public is assisted by knowledgeable, well-trained, courteous, technology and service oriented staff. 6.1.0bjective 1. Working with the City's Professional Development Manager, incorporate city's education/training component into library staff training plans, 2004-2007, 7,O.Technology. Patrons and staff use appropriate technology to facilitate access to infonnation. (See also full Technology Plan - Addendum A) 7,1 Objective 1. Continue expansion and replacement of existing public access to electronic tools, 2004-2006, 7.2,Objective 2. Implement plans for incorporating electronic Library access in the Museum, 2004- 2006, ~.3.0bjective 4. Upgrade COALA network hardware (CIP), 2004-2007, 4 7.4.0bjective 5. Continue to enhance Web site, 2005-2007, 7.S.0bjective 6. Plan and implement patron interactive OP AC features (in-house and remote access), 2004-2007. 7.6,Objective 7. Public Services, Refine and expand access to electronic equipment and resources for all ages, FY 2005-2006, Outcome 1, Increase computer course titles from 6 to 8. Outcome 2. Prepare a plan to promote library resources at Hester and Senior Centers. Outcome 3. Launch GIS when available, 7.8 Objective 8, Special Services, Implement plans for incorporating electronic access in Museum, FY 2005-2006. Outcome 1. Complete, approve and implement a technology plan for the museum. 7,7.0bjective 9. Support Services. Address public access software upgrades and licensing, FY 2005- 2006. Outcome 1, Assess software needs for public access computers, Outcome 2. Acquire appropriate software as determined by assessment. 8.0.Public Relations. The community is aware of library/museum resources and materials and the availability of staff assistance. 8.1.0bjective 1, Review techniques and methods for marketing/promoting the Library throughout the community, develop and implement a public relations plan that will facilitate community awareness, 2004-2007. 8,2,Objective 2. Conduct user surveys to determine the customer satisfaction level, 2004-2007. 8.3,Objective 3. Continue to build a closer working relationship with news media, ongoing, 8.4.0bjective 4. Utilize the Internet to promote ongoing services, 8,5,Objective 5, Special Services, Create and maintain partnerships among museum! library/ schooVbusinesses, FY 2004-2006, Outcome 1, Maintain existing and create five (5) new community relationships. Measurement 1. The establishment of five (5) new functioning communitylbusiness relation 5 8.6,Objective 6 Special Services, Implement marketing plan for museum, FY 2005-2006, Outcome 1. Adopt and begin implementation of a marketing plan for the museum. 8.7,Objective 7, Public Services. Enhance citizens' knowledge oflibrary and museum services, FY 2004-2007. Outcome 1. Promote a different service each month. Outcome 2. Promote services using at least one alternate method monthly: web sites, handouts, newsletters, etc. 9,O,Cooperation. Palm Beach County residents have access to expanded services and resources by the library's participation in cooperative networks. 9,1.0bjective 1. Increase staff participation in SEFLIN, 2004-2007. 9.2.0bjective 2. Expand membership in the Library cooperative of the Palm Beaches, 2004-2007. 9.3,Objective 3. Develop a COALA expansion of services plan and implement, 2004-2007, 9.4.0bjective 4, Improve access to library materials and programs by promoting the sharing of resources among the member libraries of the Library Cooperative of the Palm Beaches, 2004 - 2007. 9.5.0bjective 5. Improve access to infonnation for residents of all ages by promoting Library Cooperative reference programs, 2004-2007. 9.6.0bjective 6. Increase the availability oflibrary resources and services to serve special populations within the Library Cooperative service area, 2004-2007, 9.7.0bjective 7. Increase awareness of programs, services and benefits of the Library Cooperative, 2004-2007, 9,8.0bjective 8. Provide equal access to public library service for all residents in the Library Cooperative service area, 2004-2007, 9.9,Objective 9. Increase the effectiveness of member library staff by providing appropriate continuing education and training opportunities, 2004-2007, 9,10, Objective 10, Promote cooperation among Library Cooperative members by involving staff at all levels in planning and evaluation, 2004-2007, 9.11. Objective 11. Support Services, Continue and expand cooperative services and staff participation in COALA, SEFLIN & the Library Cooperative of the Palm Beaches, FY2005, 6 Outcome 1, Provide full-time staff members opportunities to attend at least 1 cooperative activity each, FY2005. Outcome 2. Encourage staff usage ofSEFLIN's "Community of Learning", FY2005. 9.12. Objective 12. Expand access by other libraries to our collection materials through interlibrary loan via FLIN/OCLC, 2004-2007. 9.13. Objective 13. Public Services. Promote visits to Town Center, FY 2004-2007. Outcome 1. Increase attendance at programs by 1 %. Outcome 2, Attain press coverage at least six (6) times in the print media. Outcome 3. Conduct at least one (1) program in conjunction with the Museum during the operating year, 9,14. Objective 14. Special Services, Gain regional recognition for innovative programs involving parent-child interaction, Outcome 1. Gain recognition for innovative programs involving parent-child interaction, FY2005. Outcome 2. Target market the museum and the City of Boynton Beach through multiple medians, FY2005. 9.15. Objective 15, Business Services, Provide a secure environment for patrons using the library campuses, Outcome 1, Continue to strive for fewer incidents in and around the library facility and grounds, FY2005, 10,0. Administration, The public receives the highest quality library service product at the most reasonable cost through routine review, evaluation, and modification of the organization, and its operations, policies, and procedures. 10.1. Objective 1. Publish library policies that promote fair and equitable patron service, facilitate optimal access to the wide range of infonnational resources, and are relevant to the needs and demands of the community, 2004-2007. 10.2, Objective 2. Review and evaluate existing procedural manual for relevance and currency, 2004- 2007. 10.3, Objective 3. Conduct annual reviews of library policies and procedures so as to insure relevance, currency and effective community access to the library's infonnation resources, 2001-2004, 7 lOA. Objective 4. Revise and update the Long-Range and Technology Plans reflecting current and future needs for the provision of quality library services and infonnation resources to the community, 2004-2007, 10,5. Objective 5. Assist in the planning, development, and implementation of a Strategic Plan for the Schoolhouse Children's Museum, 2004-2007. Addendum Á. Library Technological Services Plan. 1.0, Mission Statement. The Boynton Beach City library envisions the use of technology to expand and enhance public access to its diverse inventory of infonnation service products. In this endeavor, the library will continue to fulfill its function as the community's infonnation resource center, serving a diverse, multicultural clientele, 1.1. Statement of Purpose. It is the intent of this library to establish, maintain and continue to develop an environment that facilitates efficient and effective public access to the wide range of infonnational resources available through the use of state-of-the-art technological tools, An optimum accessibility environment would include the use of current technology, such as computers, electronic assistive devices, wide area networks (W ANs), internet and other telecommunication tools, online catalogs, web sites, electronic materials and the like, In this "patron friendly" technological context, the training of all library staff members and patron/clients alike is an essential element in the success and growth of such an infonnation rich environment. The knowledge of the "how's, the what's and the where's" of the technological tools of our information age is the key to success. Therefore, the training of library staff members and patron/users is a pivotal component in the library's current and future service programs and operations involving the use of technological tools. It is implicit that technology and training are critical components in the formula necessary for the development and execution of high quality, effective and readily accessible information services to Library customers, including those clients with special needs and the community at large 2.1. Goals, Objectives, Outcomes and Measurements 2.2. Goal 1. Provide for expanded client access to the informational resources available at the local, regional, state, national and intemationallevels through the increased utilization of state-of-the- art technological tools and resources, 2.2.1.0bjective 1. (Hardware and Software). Acquire, maintain and upgrade the technological capability enabling the expansion of access to the wide range of infonnational resources and the maintenance of a secure and safe electronic environment, 2003- 2006, Outcome 1. Implement a computer upgrade plan providing a schedule for replacing one third of the library's public computers every year. 8 Measurement 1. Twenty-five public computers are replaced each year, beginning in FY2004. Outcome 2. Implement network infrastructure upgrade plan providing a schedule for replacing all of the servers, communications hardware and other related equipment within a 5- year period. Measurement 2. At least one server and one switch/hub/router are replaced each year beginning in FY2004, Outcome 3. Implement printer and scanner upgrade plan providing a schedule for replacing the library's public printers and expand printing capability. Measurement 3, At least one public printer is replaced each year beginning in FY2004 and at - ~ least two additional public printers are added by FY2006, 2.2.2.0bjective 2. (Electronic Products). Enhance and expand public accessibility to the wide range of infonnation resources through a continuing process of introducing relevant technological tools. In addition to relevance, these tools should also produce efficient, effective, secure and high quality public service product results, 2004-2007. Outcome 1, Take advantage of regional/state database purchasing agreements to expand public access to available databases by adding at least one additional database service per year, FY2004-2007. Measurement }, Beginning in FY2004, one new database will be added to the library's public service inventory. Outcome 2, Review use of all databases each year, add/delete those databases not frequently used. Measurement 2. Staff will meet 2 times during the year to review viability of library databases. Outcome 3. Offer expanded Internet access to the community on the public computers, installing Internet connection on 4 public computer workstations in the Museum. Measurement 3. Internet connection installed and functional, FY2005. Outcome 4. Offer Interactive Learning Games related to the various Schoolhouse Children's Museum themes on 4 public computer workstations, FY2004-2006, Measurement 3. Software for interactive learning games installed and functional on 4 public computer workstations in the Schoolhouse Children's Museum, FY2004-2006. 9 Outcome 5, Purchase and install dedicated server for storage of a digital collection providing public access to an interactive community, serving 4 onsite workstations and 10 simultaneous remote users, FY2005-2007, Measurement 5. Server acquired, installed and functional for 4 onsite users and at least 10 remote users. 2.2.3.0bjective 3. (Telecommunications). Secure the appropriate communications technologies so as to insure a reasonable level of consistent, effective, secure and safe internetIWorld Wide Web access for all library patrons/users, 2004-2007, Outcome 1. Staff to review at least once a year the pricing, viability and effectiveness of current telecommunications product agreement. Measurement 1. The price is competitive; product is reliable with no more than one failure per month, 2.2.4.0bjective 4, (Administration). Develop, implement and refine policies and procedures, which will provide for an efficient and effective public service product, an internal structure to operate and maintain the service and a cost effective product environment, 2004-2007. Outcome 1, To have in place a clear, concise and relevant set of library technology related policies and procedures, which insures ease of public access and maintainability. Measurement 1, At least once per year, staff reviews, revise or otherwise update existing and lor proposed technology related policies and procedures. 2.2.5.0bjective 5, (Administration). Develop an organizational structure, which will provide for the maintenance and support of the public access Intemet/W eb service product, as well as other online services to the patron/user, FY2004-2007, 2.3. Goal 2. (Partnerships), Establish working partnerships with the community at large, including local Governmental entities, educational organizations/institutions, cultural agencies and civic groups in order to support and promote quality library electronic service programs throughout the community. 2.3.1 Objective 1. (Community) Establish a team oflocal representatives to assist in the development of a plan of action, which would detennine effective approaches to supporting and promoting technological accessibility to infonnation by the general public. Some considerations would include the optimization of Internet/Web and distant learning capabilities, 2004-2007. To be addressed during the current planning period. 2.2.1.0bjective 2, (partnerships), To establish partnerships with local community groups, organizations, institutions, etc" for the purpose of supporting and promoting public access to 10 InternetIW eb and other electronic infonnation service relevant to patron/user needs and the needs of the community at large, 2004-2007. To be addressed during the current planning period, 2.3.GoaI3. (Hardware and Software). Enhance/upgrade existing access tools through the introduction of technologies and know ledges that promote efficient, effective and expanding use of and access to the wide range of infonnational resources by the library's patron/users and the community at large. Conceptual options currently under consideration. 3.0.Professional Development Strategy. In order to maintain and grow a set of library service products based on technological developments the Library will continue to provide technology training and learning opportunities for the employees. Improving and enhancing the Library staffs ability to assist the public with accessing infonnation using 2151 century technology and building the staff comfort level is the expected outcome of such training, The professional development strategy takes info consideration the technology needs of both patron and staff. 3.1.0bjective 1. (Training). Develop an ongoing library patron/user-training program that will establish and maintain basic technological skills enabling ease of access, It will include InternetIW eb access and search strategies, using and searching the online catalog and other skills and knowledge required to function in an electronic infonnation environment and gives a working knowledge of the technological tools and resources available in the library, 2004-2007. Outcome 1. All full time employees, who work with the public, will be trained in the use of the Unicorn Circulation System, so as to have sufficient backup personnel for the Circulation Desk. Measurement 1, Each full time staff member will attend one Unicorn specific training opportunity provided for by the library's Network Administrator, Outcome 2. All full time employees will be trained in the use library related software products, so as to more effectively work with the public on technology related issues, Measurement 2, All full time employees will attend at least one library related software product- training event per year, Outcome 3, All professional librarians will participate in technology-related training or continuing education events to improve library related technical skills when working with the public, Measurement 3, Professional librarians will attend at least technology training event, workshop, conference, or seminar each year, Outcome 4. The library's Network administrator will train backup personnel in the operations of the network in order to create an effective level of redundancy, This would maximum problem solving. II Measurement 4. The Network Administrator will provide for three (3) library network-related training events for at least two (2) professional staff members during the year, Outcome 5. The Network Administrator will attend system specific training events in order to maintain a state of the art practical knowledge of network functions. Measurement 5. The Network Administrator will attend at least one bibliographic network conference or workshop per year, 3.2.0bjective 2. To provide training and learning opportunities for all library patrons served by the Library so as to increase access to infonnation and open new infonnational opportunities. Outcome 1, Increase the types of computer training programs by 5% through an expansion of learning opportunities to include basic computer and Internet skills, electronic bibliographic searching, e-mailing, and office product software. FY2004-2007, Measurement 1. Increased participation documented through the attendance logs and increased training events as documented through program schedules, lesson plans and other related documentation. Comparison will be based on first year of operation statistical reports. Outcome 2. Increase the number of library patrons who have a strong basic practical knowledge of using technological tools to search bibliographic and other data bases by 5%, FY2004-2007, Measurement 2, Documented through training attendance logs and reduced time requiring staff intervention as documented through monthly reports and statistical data. Outcome 3, Increase the technology training opportunities for the public at the 2 LST A funded remote sites within the City by 3%, FY2004-2007. Measurement 3. Increased participation documented through the attendance logs and increased training events as documented through program schedules, lesson plans and other related documentation. Comparison will be based on first year of operation statistical reports, 4.0.Assessment of Technology Services, Equipment, Software and Other Resources 4,l.Network. The library's network inftastructure consist of a ML Proliant 370, for the day to day operations of the bibliographic database, including OP AC and cataloging. The Compaq Proliant is running SCO UNIX 5.0,5, SIRSl's Unicorn, Apache and Microlite Backup Edge. This is scheduled for replacement in FY 04-05, The library's domain and Internet proxy service, and filtering software are running on a HP Proliant DL380, running on Windows 2003 Server. There is a file server on another HP Proliant DL380 (Windows 2003 server) which houses the library's filtering software database. A Compaq EVO D300 computer is setup solely for file storage and system administration, 12 The communications hardware includes: 3- 3Com Super Stack II switches and 1 3Com hub, which connects the computers; 1 Cisco 2905 Router, which is the library's internet connection; 1 - 3Com Super Stack II Hub for splitting the City network ftom the library. The communications circuit is a full T1 connection, provided by BellSouth, to FIRN, There also one each ADSL Internet connections provided by BellSouth, serving the two remote sites. One is located on site at the Hester Community Center and the other is installed at the Boynton Beach Senior Center. 4.2.Computers. For public use there are available 72 Compaq or Dell PCs of various models, serving the library, the museum and 2 remote sites (Hester Community Center and the Boynton Beach Senior Center). All computers are running MS Windows 98 or XP, MS Office Suite, Norton Anti- Virus, Fortres. (íOr computer security) and Clean Slate (for computer management). All public computers have access to the Internet, using Netscape Navigator or MS Internet Explorer, with the exception of the 3 OPAC units and 2 word processing computers, For staff use, there are available 23 Compaq computers of various models, They are used for Administration, Support Services, Youth Services, Public Services and GIS functions, 4.3.Printers. There are 2 printers, various black and white HP models, available for the public to use, and one for GIS, which is color, For staff, there are available 10 printers available, various HP color and black and white models, Technical Support. The network is supported by 1.1 FTE staff in-house; the City's ITS staff, SIRSI Corporation, and A.S.K., Inc, (for UNIX support). Occasionally, for special projects, the library will contract for short-term support. 4.4,Databases. The library currently subscribes to eight (8) online databases, They are: Ancestry Plus, First Search, NewsBank, Historical New York Times, Palm Beach Post, Reference USA, SIRS, and the Sun-Sentinel. Another seventeen (17) databases are available through the State Library. 4.5.GIS, A computer kiosk providing public access to a wide variety of city maps, for questions concerning utilities, zoning, geographic locators, etc. This is connected to the city GIS database. 4,6,Staff Training, Currently, the general library staff is trained in basic to intennediate computer use, including Internet navigation and search strategies and use of the automated circulation system (SIRSI's Unicorn software). Approximately fourteen percent (14%) of the staffhas been trained in the use ofMS Office Suite, MS PowerPoint, MS Project Manager, various graphics software, GIS and Laserfiche software, Seven percent have some level of training and experience with UNIX operating system, from basic to advanced. There are three sources oftechnology training, They are SEFLIN; Library initiated training; and, the City's Professional Development program, 4.7.Public Training. Technology training for the library's customers is for adults, children and young adults, There is a small computer lab in the library, a small computer lab in the Boynton Beach Senior Center and a moderate sized facility in the Hester Community Center, The training 13 program is uniform throughout all of the facilities, including curriculum. However, there is some allowance for site uniqueness. The range of subject matter includes; basic mouse use, beginning Internet, advanced Internet, bibliographic and database searching techniques and strategies, 2 levels of word, using e-mail, genealogy, working with online stock information, and using literature based databases. In the last year for all sites, the library has trained approximately 3500 customer/students. The demand is high. However, in spite of the expanded resources, there continues to be a shortage of instructors, computers and space. 4.8.Technology Resources Assessment Table Asset Type Description Quantity Time in Place Lifespan Network Infrastructure Server, Compaq ML Proliant 370 1 1999 5 years Server,HP Proliant DL380 1 2003 5 years Server,HP Proliant DL380 1 2003 5 years Server, Compaq EVO 300v 1 2000 5 years Switches, 3 Com Super Stack II 4 1999 6 years Router, Cisco 2905 1 1998 5 years Hub, # Com Super Stack II 1 1998 6 years nternet Circuit, Library T1, BellSouth 1 1998 7 years Internet Circuit, Library ADSL, BellSouth 2 2001 7 years Internet Circuit, City 1 gigabit fibre optic 1 1999 7 years Network Clients PC workstations, EVO D300v 13 2002 4 years Compaq/Dell PC workstations, Deskpro 2000 70 1998-2000 4 years Compaq/Dell PC workstations OPAC 4 1998 4 years Printers, HP Various LaserJet models 12 1999-2000 5 years Software Microsoft Office Suite 95, 2000 and XP licenses 83 1999-2001 N/A Microsoft Windows 95,2000 and XP licenses 83 1999-2001 N/A Microsoft NT 2000 license 1 2000 N/A LPT ONE Print manager license 1 2001 N/A Clean Slate PC manager license 70 2001 3 years Fortress PC security license 70 2002 5 years Unicorn, SIRSI Bibliographic license 100 user 2000 N/A :BISTRO, SIRSI 100 user 2002 N/A .Jess Filtering Software Licenses 100 user 2004 1 years 14 5.0.Budget Planning, The Library will seek to provide sufficient funding to provide the means of achieving the goals and objectives of this plan, S.1.0bjective 1. Utilize State Aid to supplement funding for the goals and objectives technology plan, FY2004-2007. Outcome 1. Purchase of 10 computers for public use as part of the library's equipment replacement plan. Measurement 1. Ten replacement computers installed during the year as a result of allocating of up to lS% of the library's state aid grant, FY2004. -. ~ Outcome 2. Purchase of at least one new database in FY200S-2006, using State Aid. Measurement 2. One new database purchased, installed, marketed and made accessible to the public, FY2004-2006. Outcome 3. Maintain contract for onsite PC technical support. Measurement 3, Contract secured for 209 hour annually onsite PC support, FY200S. Outcome 2. Secure sufficient funding to provide support for SIRSl's Unicorn and iBISTRO software products, including software upgrades, for the bibliographic database, FY200S. Measurement 2. Funding secured to provide software support, FY200S. Outcome 3, Funding secured for OCLC Holdings Project to convert 10,000 records, Measurement 3. Funding secured to support the project, FY200S. Outcome 4, Funding secured to support the maintenance and software upgrade of public computer security and other software enhancements. Measurement 4. Funding secured to support the maintenance and software upgrade of public computer security and other software enhancements and action accomplished FY200S, Outcome S, Funding secured for staff and material to support the technology plan and the library's efforts to provide computer and other technological services to the public, This includes funding support for 1.1 FTE professional, technical staff, FY200S, Measurement S, Funding secured for 1.1 FTE staffto support library technology plan and initiative, and the necessary material. 15 S,2,Planned Technology Budget. Source Plan Description Amount Year State Aid Funds 3,1, Outcome 1 PC replacement 10,800 FY200S State Aid Funds 3.1, Outcome 2 Database purchase 8,000 FY2006 State Aid Funds 3,1, Outcome 3 Onsite PC support 14,000 FY200S Local Funds Unicorn Server Replacement 12,000 FY200S Local Funds 3.2, Outcome 2 Unicorn and iBistro support 6,842 FY2005 Local Funds 3.2, Outcome 3 OCLC Holdings project 5,878 FY2005 Local Funds 3,2, Outcome 4 OCLC Cat Express 2,935 FY2005 Local Funds 3.2, Outcome 5 Support staff, 1.1 FTE @$25, 57,900 FY2005 44hrs/w Total 6.0,Plan Evaluation, The basic premise for the evaluation of this technology plan is the satisfactory accomplishment of the mission critical, stated goals, objectives and outcomes, as demonstrated through the analysis of the defined measurements. In addition, there are stated goals and/or objectives that are considered mission critical in nature and noted for further consideration and development. The measurements are designed to indicate change and/or growth in customer use, quality and quantity of the service product and infrastructure improvements/enhancements. All goals, objectives, outcomes and measurements are considered mission critical in nature and focus. The are an indication of the needed improvements and enhancements which have been detennined to have a direct impact on public use of library technology and ease of access to infonnation. The key areas for review are public access to infonnation impact; professional development; available telecommunications, equipment and software; and, the acquiring of appropriate funding to support the plan, The technology plan should be reviewed, evaluated and updated each year by a staff team; submitted to the City Commission for review and adoption; and, forwarded to the State Library, 16 VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 5, 2004 (Noon) September 20,2004 D August 17,2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4,2004 [8J September 7, 2004 (Noon) August 16,2004 D November 3,2004 (Noon) October 18, 2004 D September 21, 2004 (Noon) September 7, 2004 D November 16, 2004 (Noon) November I, 2004 D Administrative D Development Plans NATURE OF ~ Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: A Motion to approve the "SURPLUS SALE OF GOLF COURSE EQUIPMENT" as submitted by the Golf Course Superintendent, Scott Wahlin and allow for the sale of same. EXPLANATION: Procurement Services has reviewed the "SURPLUS EQUIPMENT LIST" as submitted by the Golf Course (see attached memo). Utilizing the City of Boynton Beach disposal process for surplus equipment will allow the equipment to be auctioned and generate revenues to the Golf Course. Procurement Services requests Commission's review, evaluation and approval to sell the surplus equipment. C") PROGRAM IMP ACT: The disposal of surplus equipment will provide inventory control maintenance and iDow~;:¡ receipt of revenues through a process monitored by Procurement Services. ;. =.:<-< c:: 0 G') C"') "'T' FISCAL IMP ACT: The revenues generated from the sale of surplus equipment will be placed in the GolLC0'1~ Maintenance Fund in the following account: CT\ ;;;:.-< ..-::z -0 :f)-f REVENUE ACCOUNT #: ACCOUNT DESCRIPTION 3: C) 4 I I -0000-365-0 100 SALE OF Suis EQUIPMENT 02: N -r¡ ~CD ~~~L c...> -fTI ("")þ c~" \..0 mC") ~ Deputy Director of Financial Services :x: Procurement Services ~ Department Name City Attorney I Finance I Human Resources S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Scott Wahlin - Golf Course Superintendent Hoyt Johnson - Finance File (/) ::u ::u -i -i -i -i -i -i () () 0 en I:::IE - ;tJ C -n -t -t 3: 31»I»QQQQQQ~~~ c: fþCD:IE CD m ", ~ 0 ;::;: :J :J 0 0 0 0 0 0 ,""']""']""'] ..... 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'? s: ~ I:: ffi n 00000"'0"'0-00 X 0-0 m "_. ~ ~ ~ ~ ~ I» I» I» ~ ¡¡¡- ~ I» z»"C ~ m ;:¡. ;:¡. ;:¡. ;::¡. -i - 3 en en en I en (/) -CD m - ª.ª.ª. ~ ª. ~ ~< en en en 0 en c:s ~. ~.~. - ~. ... - :J :J :J :J ,... ~~~ ~ ~ 0 o' ~ VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin!! Dates in to City Clerk's Office D August 3, 2004 (Noon,)July 19,2004 D October 5, 2004 (Noon) September 20,2004 D August] 7,2004 (Noon) August 2, 2004 D October ]9, 2004 (Noon) October 4,2004 [8] September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 2004 Ç) D September 21 , 2004 (Noon) September 7,2004 D November ]6,2004 (Noon) November], J.üt)4 ("') -t ,¡;:- ~-< ;po -<0 c:: C) -., GJ D Administrative D Development Plans ,'-OJ - ''ìo [8] Consent Agenda D New Business 0 ~-< NATURE OF :-:-<:::x: AGENDA ITEM D D Legal :D» ,5-1 Public Hearing ., '~ C> - ':::J% D Bids D Unfinished Business - ., .. -.,CP D D U1 -rrI Announcement Presentation ("')J> N rr1("") D City Manager's Report ::I: RECOMMEND A TION: Motion to approve full release of surety covering the water and sewer systems for the project known as Villas at Quantum Lakes Phase 2 and returning Letter of Credit No. 3051870 from Bank of America to the developer. EXPLANATION: The water and sewer systems serving this project have been completed, all documentation has been provided and the system has operated satisfactorily through the warranty period. The surety may now be returned to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. ~ i City Manager's Signature UTILITIES ~A'" Department Name City Attorney / Finance / Human Resources XC: Dale Sugennan (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. " File " S:\BULLETIN'FORMS\AGENDA ITEM REQUEST FORM.DOC . ~ BankofAmerlca ~ PAGE: 1 DATE: OCTOBER 10, 2002 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 3051870 BENEFICIARY APPLICANT CITY OF BOYNTON BEACH / UTILITIES THE VILLAS AT QUANTUM LAKES, INC. 100 E. BOYNTON BEACH BLVD. 7 CORPORATE PLAZA BOYNTON BEACH, FL 33437 NEWPORT BEACH, CA 92660 ATTENTION: PETER MAZZELLA AMOUNT USD 77,080.00 SEVENTY SEVEN THOUSAND EIGHTY AND 00/100 'S US DOLLARS EXPIRATION OCTOBER 4, 2003 AT OUR COUNTERS, WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 3051870 WHICH IS AVAILABLE WITH BANK OF AMERICA N.A. BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CREDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA N.A., ACCOMPANIED BY THE DOCUMENTS DETAILED BELOW: A WRITTEN STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED AGENT OF THE CITY OF BOYNTON BEACH STATING THE FOLLOWING: "THE AMOUNT DRAWN REPRESENTS THE TOTAL COST TO COMPLETE THE IMPROVEMENTS FOR THE PROJECT KNOWN AS THE VILLAS AT QUANTUM LAKES." THIS LETTER OF CREDIT SHALL BE ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN PALM BEACH COUNTY. WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMP~IANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED U ON PRESENTATION AT BANK OF AMERICA N .A., 333 SOUTH BEAUDRY AVENUE, 19TH FLOOR, LOS ANGELES, CA 90017, MAIL CODE CA9-703-19-23, AS SPECIFIED HEREIN. THIS LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998, ICC PUBLICATION NO. 590. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 213-345-5304. r6L~-d:----- ~~ ------------------ ----- AUTHORIZED SIGNATURE MAN' THIS DOCUMENT CONSISTS OF 1 PAGE (S) . ua BANUElOS EUNSON BAE . Bank of America. N.A Track Operations ORIGINAL Mail Cðde: CA9-703-I9-09 333 S. Beaudry Avenue., 19th floor. Los Angeles. CA 90017 BankofAmerica . PAGE: 1 DATE: MAY 2, 2003 AMENDMENT TO IRREVOCABLE STANDBY CREDIT NUMBER: 3051870 AMENDMENT NUMBER 1 BENEFICIARY APPLICANT CITY OF BOYNTON BEACH / UTILITIES THE VILLAS AT QUANTUM LAKES, INC. 100 E. BOYNTON BEACH BLVD. 7 CORPORATE PLAZA BOYNTON BEACH, FL 33437 NEWPORT BEACH, CA 92660 ATTENTION: PETER MAZZELLA THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: LETTER OF CREDIT TEXT IS DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING: RE: INSTJ\LLATION OF WATER AND SEWER SYSTEMS TO BE OWNED BY THE CITY OF BOYNTON BEACH FOR THE PROJECT KNOWN AS VILLAS AT QUANTUM LAKES. WE HEREBY ESTABLISH IN YOUR FAVOR OUR CLEAN IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 3051870 WHICH IS AVAILABLE WITH BANK OF AMERICA N .A. BY PAYMENT AGAINST PRESENTATION OF THE ORIGINAL OF THIS LETTER OF CREDIT AND YOUR DRAFTS AT SIGHT DRAWN ON BANK OF AMERICA N ,A. THIS LETTER OF CREDIT WILL BE AUTOMATICALLY RENEWED WITHOUT AMENDMENT FOR A ONE YEAR PERIOD ON THE EXPIRATION DATE SET FORTH ABOVE AND UPON EACH ANNIVERSARY OF SUCH DATE, UNLESS AT LEAST NINETY (90) DAYS PRIOR TO SUCH EXPIRATION DATE, OR PRIOR TO ANY ANNIVERSARY OF SUCH DATE, WE NOTIFY YOU IN WRITING BY OVERNIGHT COURIER SERVICE THAT WE ELECT NOT TO SO RENEW THIS LETTER OF CREDIT. THIS LETTER OF CREDIT EXPIRES ON OCTOBER 4, 2003 IN HIALEAH, Fr.oRIDA. WE HEREBY AGREE WITH YOU THAT DRAFT (S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION AT BANK OF AMERICA TRADE OPERATIONS, MIAMI LAKES OPERATIONS CENTER (MLOC), 5875 NW 163RD STREET, MAIL CODE: FL7-405-02-06, HIALEAH, FL 33014, AS SPECIFIED HEREIN, EXCEPT AS OTHERWISE EXPRESSLY STATED, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCuMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. (THE "UNIFORM CUSTOMS AND PRACTICE"). AS TO MATTERS NOT GOVERNED BY THE UNIFORM CUSTOMS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE I...MlS OF THE STATE OF FLORIDA, INCLUDING THE UNIFORM COMMERCIAL CODE AS IN EFFECT IN THE STATE OF FLoRIDA. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS . AMENDMENT, PLEASE CALL 213-345-5304. BANK OF AMERICA, N .A. 21:::~ ~~,,/~ AUTHORIZED SIGNATURE Bank of A.Jnerica. N.A. Trade 0penI6ons EUNSON BAE CAMILLO, !30J.NAR Mail Code: CA9-703--1CJ.09 )13 S. Beaudry Avenue. 19th Ro«. Los Angdes. CA 90017 ---..... --...-- - VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 ~ September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16,2004 (Noon) November 1, 2004 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 0 Public Hearing 0 Legal c.:> n-t 0 0 .0;- =i-< Bids Unfmished Business :P- -<0 0 0 c:: ,ë) ""T1 Announcement Presentation GJ -co 0 - -"0 City Manager's Report CT\ ÄJ-< ~,<: :z: -0 -':;-1 J: -' 0 O:;Z: RECOMMENDATION: .r:- .., ."CD Motion to approve the purchas~ from More Direct 14 laptop computers in the amount of $19,950.00. - \"T1 - C?J> This purchase is from the State of Florida contract # 250-000-03-1. r ¡"o :::I: EXPLANATION: The police department is in need of replacing 14, four (4) year old laptop computers used on the road. Due to new technology the older models are having problems with the new Verizon modems used to communicate back to the office. Weare loosing connectivity to the host system, leaving the officer without the use of their computer. PROGRAM IMPACT: FISCAL IMPACT: Funding will be from the Federal Treasury Forfeiture Fund. Account 691-5000-590-04-23 in the amount of$19,950.00. ALTERNATIVES: ,~--". ~ /~epartment Head's Signature , City Manager's Signature Police /}U""AL- Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1VI(;)FlIEN Salesperson: Christian Perry Phone: 919-388-9629 DIRECT Fax: 919-882-9192 Email: cperry@moredirect.com Sales Quote For City of Boynton Beach Police Dept. Bill City of Boynton Beach Sh· T . City of Boynton Beach To: Police Dept. 'p o. Police Dept. Micheal Munroe 100 E. Boynton Beach Blvd. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 BOYNTON BEACH, FL 33435 Ship-Via Member Invoice Reference UPS Ground PONum OrderDate SalesPerson Terms OrderNum Thinkpads 08/05/2004 Christian Perry - 919-3BB-9629 - cperry@moredirect.com Net 30 1422395 Order Items Qty Item# Description Manufacturer MfgNum UnitPrice Extended 14 23B4EHU EXP TP G40 INTEL PENTIUM 4 2.8 IBM 23B4EHU 1,225.00 17,150.00 14 30L9195 Electro 3 YEAR 9X5 ON SITE SERV IBM 30L9195 200.00 2,800.00 Total (Product Only): 19,950.00 Signature Date Print Name MoreDirect.com Corporate Headquarters 7300 N. Federal Highway, Suite 200 Boca Raton, Florida 33487 Tel. (561) 237-3300 Fax: (561) 237-3390 _·_··~.·--><-~~>--_~w-"""<_,___,,,~ ~___~ ----.----.-.----,<.- "-, · VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM J. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 [8J September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 o September 21 , 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November I, 2004 0 Administrative 0 Development Plans NATURE OF [8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unftnished Business C"> 0 Announcement 0 Presentation 0 (") -f ..¡::- ::;-< 0 City Manager's Report :::- -<0 c: 0" G"> - -œ "'10 0"\ 0-< RECOMMENDATION: ::'Sz -0 ::j)-i :::J:: 0 Return cash bond of$8,635.00 to Bliss Construction for the project known as Prime Catch. C):Z: .r;:- " -ryro - -rrI EXPLANATION: U1 ("")J> fTtc") :z: On May 18, 2004, the Building Division sent to the Finance Department a cash bond of $8,635.00 for the completion of the permitted work for the project known as Prime Catch located at 700 East Woolbright Road. The work has been completed and the Certificate of Occupancy was issued on July 28, 2004. PROGRAM IMPACT: None FISCAL IMP ACT: None ALTERNATIVES: None ~ City Manager's Signature Development Department ~ Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . bliss construction, inc. ~t (fiffW Œ f' uc. # CGC 055890 r-' ---,.- . 1 i;' ï t' AUG - 4 2004 "U, August 3, 2004 I L. ..-.J~ ,_c;?f PARTM E Nr.() ~_.~EVE lOPME Nl Mr. Don Johnson Building Official City of Boynton Beach PO Box 310 Boynton Beach, Florida 33425 Re: Permit # 02-4003 700 East Woolbright Road Dear Mr. Johnson, Please refer to the following information provided for your review. As you are aware, we initially received a Temporary Certificate of Occupancy on the above noted project. With that, we were required to provide a Cashier's Check payable to the City of Boynton Beach in the amount of$8,635.00, We have now completed the outstanding issues as they related to the occupancy of the building and received the Permanent Certificate of Occupancy on July 28, 2004. With this correspondence, we are requesting that the funds provided for the Temporary Certificate of Occupancy be refunded. For your convenience, I have attached a copy of the Cashier's Check and the Permanent Certificate of Occupancy. Hopefully, the information contained in this correspondence is adequate. Please, however, feel free to contact me with any questions relating to the matter at hand. Yours truly, -..~ Dutch Bliss Bliss Construction, Inc. EXHIBIT "A" 50 southwest boca raton boulevard. suite 201 · boca raton, florida 33432 · (561) 391-0212 · fax (561) 391-6702 CITY OF BOYNTON BEACH P,O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE OF OCCUPANCY PER MAN E N T Issue Date · · , · · 7/28/04 Parcel Number . · · 08-43-45-34-01-000-0012 Property Address · , 700 E WOOLBRIGHT RD BOYNTON BEACH FL 33435 Subdivision Name Legal Description , , · ROUSSEAUS SUB TH PT OF LTS 1 & 2 LYG S OF 15TH AVE & W OF FIND CANAL R/W AS,IN OR3402P1637 Property Zoning . · , · COMMUNITY COMMERCIAL Owner , . . . · · · · · RESTAURANT HOLDINGS, INC Contractor , · , · · BLISS CONSTRUCTIONS INC 561 391-0212 Application number · · 02-00004003 000 000 Description of Work . · COMMERCIAL BUILDING Construction type · TYPE VI/UNPROTECTED Occupancy type · · , · ASSEMBLY Flood Zone . · · · A-5 FLOOD ZONE Special conditions · · PRIME CATCH FINISH FLOOR ELEVATION 7.5 6.4 BASE FLOOD 7 MAP/PANEL 120196-0003 C FLOOD ZONE A5 Approved . , , · · · VOID UNLESS SIGNED BY BUILDING OFFICIAL EXHIBIT "B" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 04-122 TO: Diane Reese, Finance Director ~ FROM: Don Johnson, Building Official' DATE: May 18, 2004 SUBJECT: CASH BOND - PRIME CATCH -700 E. WOOLBRIGHT ROAD Attached is a check for $8,635.00 ftom Bliss Construction. This is a cash surety for the project known as Prime Catch and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed, This should occur within 30 days. Upon completion of the deficiencies of the pennit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter ftom Paul J. Slattery, AIA and check XC: Timothy K. Large, Building Code Administrator Pennit File # 02-4003 EXHIBIT "C" S:\Development\BUlLDING\Memos\Cash Bonds - 2004\Prime Catch 02-4003.doc ...~ Issued By: Tr8~'e!ers Express Company, Inc.. p,O, Box 9476, Mirmsa;>oiis, MN 55480 Drawee: II- I. 0 I. 0... 2 I. . ? II- -t-I: 0 ... ... 0 . 5 5 ... :}I: 0 . bOO I. 0 5 q q q 5 ... II- _.:I::a'1.·1:tr:·1:t.:a"h~I=-;'·''':Cft:I']'I~11.·':f:r·W'Jalll:ll:II.I'IIt'II'Jt::::ti'II.tt:'·1~Iet:::a......t(.1..J:.et:r:.,.JI'.,.......,~I...--tI'_(.I.1.:I..·~:r:I.)¡'I..l.J:I:f:l:.,.]i'I:I.......1I.._:_I::aI~J~~.!I.~~=-.rCi:_..:s......_...J~I=-.lI..:I=-:I.I.I.JI'_ :_________________________________________~-____~~_____~_~~~______~~_____________~____ I" ¡ : CITY OF BOYNTON BEACH · t' ~, 36292 J : Boynton Beach. Florida i : ~y ¡ I _, I ,/0. j I I ¡ I r i I I '1 I I j I ! I ! I Of I r I I ~ lý~5.<=O I I $ I 1 I ----.:.~----~--...~- ~..._____o.::_-~________:__;.~"_____. -,-'--::...:-:...-.'---:..----,,---........'~~----'-~-~-~..:i""_~_'____..........~..:..:.._"____._._._~~_~"'_-____.i_~~'__'___ --"---.::..¿--...,;.~___;...- _~______,-'.:......:..-...:::j.:.J " EXHIBIT "D" SLATTERY and ASSOCIATES ARCHITECTS PLANNERS City of Boynton Beach May 18, 2004 100 E. Boynton Beach Boulevard Boynton Beach, Fl 33435 RE: The Woolbright Grille Project No. 97047 To Whom It May Concern: The following items represent work that is yet to be completed by the contractor at the above- mentioned project. The contractor has agreed to complete these items, and has sent us the following cost estimates for this work. 1. Photometric Certification for parking lot $100.00 2. Fuse rating adjustment for dumbwaiter $250.00 3. Installation of light receptacle and switch for dumbwaiter $400.00 4. Test and balance for HVAC system (currently 75% complete) $300.00 5, Installation of low lying shrubs to complete landscaping (80% done) $2,500.00 6. Installation of fabric for canopy $500.00 7. Completion of walk-in cooler installation $200.00 8. Completion of ice machine installation $250.00 9. Completion of exterior viewing platform $350.00 10. Installation of ventilation and insulation for attic space $3,000.00 If you should have any estions regarding any of the above items or require further information, o call. PJS:cl EXHIBIT "E" 2060 NW Boca Raton Blvd., Suite #2· Boca Raton, Florida 33431-7414· (561) 392-3848 · Fax (561) 392-5402 lie #AA 0003381 VI.-CONSENT AGENDA ITEM K. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19,2004 (Noon) October 4, 2004 ~ September7,2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 2004 o September21,2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans C? NATURE OF ~ Consent Agenda 0 New Busìness S ('"")~ AGENDA ITEM 0 Public Hearing 0 Legal ~-< ::P'" -<0 0 0 rF-- ,.') ...., Bids Unfinished Business G'J ,-OJ 0 Announcement 0 Presentation - '~o 0"' .-:J-< 0 City Manager's Report ';,:!:;. -r.. -0 .,:;- - 0 :J,: ,~:z: - m N -rt CJ .' fT\ RECOMMENDATION: Approve the plat of VENETIAN VILLAS subject to approval by the city surveyor UJd ñ:c> mapper, and subject to the Palm Beach County Circuit Court's approval of the amended settlement agreemen~ .-n ~ removing the ACLF use restriction (the City consented to the amendment on July 6, 2004, see R 04-107 attached as Exhibit A). EXPLANATION: Venetian Villas is a SO unit townhome project on tbe soutb side ofS.W.23rd Avenue between the American Retirement ACLF and S.W.13tb Street. (see Exbibit B) PROGRAM IMPACT: N/A FISCAL IMPACT: N/A prove tbe development witb conditions. ~- City Manager's Signature orksÆngineering Division Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 88/13/2884 11:85 5898 CITY: CLERK PAGE 81/84 V ~~I-IIß1T 1:4 " , I RESOLUTION R04· a 07 1 2- 3 A RESOLunON OF TIŒ CITY OF BOYNTON BEACH. 4 FLORIDA. CONSENTING TO THE AMENDMENT TO 5 THE DECLARATION OF COVENANTS AND 6 RESlRICllONS FOR AUlAMBRA SQUARE 7 ALLOWING FOR THE PARTIAL RELEASE OF 8 COVENANTS TIIA T REMOVES THE USE 9 RESTRICTION TO AN ACLF, AS A REREQUISITE TO 10 FINAL APPROVLA OF THE VENETIAN VILLAS SITE 11 PLAN; AUTHORIZING THE CITY MANAGER TO 12 EXECUŒ THE AMENDMENT TO EVIDENCE THE 13 CITY'S CONSENT; AND PROVIDING AN EFFECTIVE 14 DATE, 15 16 WHEREAS, in 1991, a deed restriction, identified as the Declaration and Covenants 17 nd Restrictions for Alhambra Square was recorded in connection with a coun-approved, 18 989 Stipulation and Settlement Agreement between the City of Boynton Beach and the 19 'lnor COll'oration; and 20 WHEREAS, the Stipulation and Settlement Agreement, in part, specified certain site 21 .. provements and design requirements, and most significantly, in accordance with Article 22 , Section C95), restricts the use of the property as an ACLf: and 23 WHEREAS, a subsequent court order authorized the city's review of an aJternative 24 velopment plan, with the requirement that if approved by the cÜy, the court would be 25 etitioned for amendment of the original settlement agreement to removc tbe ACLF use 26 27 WHEREAS, the alternative plan, caJled the "Venetian VíIlas" consists of SO fee I I 28 imple townhomes and related site improvements, and was approved by the City Commission 29 n February 17, 2003. The site plan was approved with various conditions, which il1Cluded ! I I I ! :\CA\RESO\Afhl!llTlbl'tl - Amend to OêcIeratlon· Veneli«n VNlaa.doc 08/13/2004 11:05 6090 CITY: CLERK PAGE 02/04 1 , n part, the requirement to conform with original site restrictions from the settlement, or to 2 mend the settlement stipulation accordingly; and 3 WHEREAS, the plan complied with most site requirements, however, the amended 4 þeclaration includes limitations and requirements to ensure resolution of selected issues 5 ndicated in the original agreement, or endorsed by adjacent homeowners, The conditions 6 Dcluded in the amendment are attached as Exhibit "B" and wiIJ suppJement the site plan 7 onditions of approvaJ, except where they are construed to supercede conditions $43, #44, 8 47, and #48. All other conditions of approval included in the Development Order will 9 emain applicable; and 10 WHEREAS, due to the connection between the approved site pJan and the court 11 trder or amendment, any subsequent changes to the approved sire plan, whether minor or 12 ajor, may require court a.pproval. 13 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 14 CITY OF BOYNTON BEACH, FLORIDA, TIIA To 15 Section 1. The foregoing "WHEREAS" c]auses are true and C01TeCt and 16 ereby ratified and confinned by the City Commission 17 Section 2. The City of Boynton Beach, by and through its City Commission, 18 onsents to the Amendment of the Dedaration of Covenants and Restrictions for Alhambra 19 quare. attached and incorporated herein, that a1lows for the pattial release of covenants that 20 emoves the use restriction to an ACLF, as a prerequisite to finaJ approval of the Venetian 21 iJIas site plan, I I I I i I ;\CA\RESO\Alharnbra . Amønd to Declaration· Vel1l1t14n VIIIas.doc 08/13/2004 11:05 5090 CITY: CLERK PAGE 63/64 1\ I! ¡ 1 Section 3. The City Manager is authorized to execute the Amendment to 2 eclaration of Covenants and Restrictions for Alhambra Square, thereby conveying the 3 onsent of the City of Boynton Beach to the Amendro.c:nt. 11 , Section 4. This Resolution shall become effective immediately upon passage, , 5 PASSED AND ADOPTED this J2.- day of July, 2004. 6 CITY OF BOYNTON BEACH, FLORIDA 7 ~ 8 " 9 10 11 12 13 14 15 16 17 18 19 '. 20 21 22 ATTEST: 23 24 25 26 27 28 29 30 31 I I : I ! ! :\CA\RESOWhambrB ' Arnðnd to Decfaratlon· Venetian VlIIas.doc \, r··· . , ". , ,. , .. ,. f,U , , .~ ~;;;~ . .., , :1 ~,. {$ c tf;' J " ~,P ,'\ji ;'0 Z I ~~ .. !II'~ Ú)~-) ~;~.... ;.,' .. m r.l~ , .¿ ,~¿: ,~ l 'r~.) f<;) I~ 0 !;» , ~, rn -at:) -, .¡ j~~Í·:"'" 1 it ~ ,-'1' 1'" ~ "-f;f' t, '\? '" .. &: '" 1"': k:! 'if 1$.... ¡~. . m. ~ I' . '" . ." n t~ .~ ::..; "..; VI.-CONSENT AGENDA ITEM L. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon,) July 19, 2004 o OctoberS,2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 I:8J September 7,2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 C"J C) C")-i o September 21,2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November I, 2004 :=¡-< :Po- -(0 c:: -" r;-J ,~ ;--co rv 410 0 Administrati ve 0 Development Plans W :c. -< --;:'-:::z:. I:8J Consent Agenda 0 New Business 1:1 ,;;-1 NATURE OF - " 0 ~ o :;z: AGENDA ITEM 0 Public Hearing 0 Legal ~1 "'co ~¡-1") 0 Bids 0 Unfinished Business C) ÇJ;p N ¡riC"") 0 Announcement 0 Presentation :J: 0 City Manager's Report RECOMMENDATION: Authorize the use of $2,000 of Commissioner Mack McCray's Community Investment Funds for the YMCA Annual Youth Campaign Fund Drive. EXPLANATION: Commission approval for allocation of community investment funds to the YMCA Annual Youth Campaign Fund Drive to assist with their programs, PROGRAM IMPACT: Allocation of funds will assist these programs and organizations. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. , City Clerkfs Office Department Name City Attorney / Finance / Human Resources S:\CC\WP\COMMUNITY INVESTMENT FUND5\Agenda Item Request Memos\Agenda Item Request - YMCA Annual Campaign Fund Drive, 9-7-04 - McCray.doc EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: September 7, 2004 Requested by Commissioner Mack McCray Amount Requested: $2,000 Recipient/Payee: YMCA Annual Youth Campaign Fund Drive Description of project, program, or activity to be funded: YMCA Annual Youth Campaign Fund Drive Dated: 08/20/04 By: Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $7,900 has been used to date by the requesting Member, leaving a balance of available funds of $4,100, This request would bring the available amount down to $2,100, Accordingly: ~ There are funds available as requested 0 There are insufficient funds available as requested. Dated: ~- ~3 "0"'" By: ~:.~ ð( Dn fI" ~ Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) rw(' The proposed expenditure of funds will not result in improvement to private property; 0 The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and g/ Proper safeguards are being implem nted to assure that the public funds being appropriated will be used for th stated purpose, Dated: ß\ ~'3 J oLf By: s:\ca WP-COMMUNITY INVESTMENT FUNDS\Commissioner McCrayWMCA Annual Youth Campaign Fund Drive - 9-7 -04.doc Community Investment Funds 2003/2004 $12,000 per Commissioner Total Amt Expended Function Approved Mayor 500 Heritage Fest 01-20-04 500 Heritage Fest - Caribbean Celebration 01-20-04 795 Sister City Co for Young Artists Competition 02-17-04 500 Florida Trust - Co sponsor for tour of BB 04-7-04 500 Nurses Week Scholarship Fund 04- 20-04 500 American Legion Post 164 06-01-04 3,422 6,717 Peacemaker Program of Boynton Beach Faith-Based CDC 07-20-04 Ferguson 500 Heritage Fest 01-20-04 500 Nurses Week Scholarship Fund 04- 20-04 500 Gulf Stream Council, Inc, - Boy Scouts of America 05-04-04 500 American legion Post 164 06-01-04 5,000 YMCA Partners with Youth Program 08-03-04 4,000 11,000 Community Caring Center 08-03-04 McCray 400 American Legion Auxiliary Unit 288/Girls State 12-02-03 500 HeadStart Scholarship Program 12-02-03 2,000 Heritage Fest 01-20-04 2,000 Committed Citizens Concerned about Children 04-20-04 500 Nurses Week Scholarship Fund 04-20-04 500 Gulf Stream Council - Boy Scouts of America 05-04-04 2,000 Peacemaker Program of Boynton Beach Faith-Based CDC 07-20-04 2,000 9,900 YMCA Annual Youth Campaign Fund 09/07/04 McKoy 1,000 $1,000 Heritage fest/Scholarship 01-20-04 1,000 $1,000 Heritage fest/Book Signing 01-20-04 500 American legion Post 164 06-01-04 2,000 4,500 Peacemaker Program of Boynton Beach Faith-Based CDC 07-20-04 Ensler 1,000 Heritage Fest 01-20-04 1,000 Gulfstream Council, Inc. - Boy Scouts of America 05-04-04 2,000 American Legion Post 164 06-01-04 878 Tomodachi Judo 06-15-04 1,000 5,878 Peacemaker Program of Boynton Beach Faith-Based CDC 07-20-04 Revised 07-21-04 S:\CC\WP\COMMUNITY INVESTMENT FUNDS\COMMUNITY INVESTMENT SUMMARY 07-21-04.doc Prainito, Janet From: Costello, Joyce ....·mt: Friday, August 20, 2004 1 :52 PM ): Praínito, Janet :subject: Community Investment Funds Janet Commissioner McCray just advised me he wants to donate $2,000 to the YMCA Annual Youth Campaign Fund Drive. Please prepare appropriate paperwork. Thanks. jc 1 VI.-CONSENT AGENDA ITEM M. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 D C) n=i I3J September 7, 2004 o November 3, 2004 - ~-< (Noon) August 16, 2004 (Noon) October 18, 200tY.> -<0 fT' CJ" -U o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1, 200f '--CD 'Tlo - ::0-< -0 ::'>:;z ~))....-( 0 0 :::it: 0 Administrative Development Plans O:z: N ~T1 NATURE OF I3J Consent Agenda 0 New Business .. "ro - -í'1 AGENDA ITEM 0 0 ill ~» Public Hearing Legal ¡"O :r: 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TION: Expenditure of $5,000 ITom Community Investment Fund for Day Star Charter Academy, Boynton Beach from Commissioner McKoy. EXPLANATION: During the current fiscal year (2003-04) each member ofthe City Commission may allocate up to $12,000 for programs and activities of community interest and support. Commissioner McKoy has requested that $5,000 be allocated to the Day Star Charter Academy located at the St. John Missionary Baptist Church on Seacrest Avenue. PROGRAM IMP ACT: Staff has reviewed the request and as long as the funds are used to directly benefit the students, we believe the activity is permitted. FISCAL IMP ACT: Prior allocation of Community Investment funds ITom Commissioner McKoy totals $4,500 therefore funds are available for this purpose. ALTERNATIVES: Do not authorize the funds. ~ Department Head's Signature ~~;~a~4 Department Name C( Attorney I ~ R oou<cc< S:\BULLEl1N\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request (to be completed by City Clerk) Date of Request: September 1, 2004 Requested by Mayor/Commissioner: Commissioner McKoy Amount Requested: $5,000 RecipientlPayee: Day Star Academy, Boynton Beach (Charter School) Description of project, program, or activity to be funded: Educational Support Activities Dated: September 1, 2004 B~m.~ ity Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member ofthe Commission listed above is $ 12,500. $ 4,500 has been used to date by the requesting Member, leaving a balance of available funds of $7,500 . This request would bring the available amount down to $2,500 . Accordingl y: 0 There are funds available as requested 0 There are insufficient funds available s requested. Dated: 9 /, !o c/ By: I I Part III- Eligibility Evaluation (to be completed by City Manager) ¡z[ The proposed expenditure of funds will not result in improvement to private property; JìÍ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; a The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ¡¡t' Proper safeguards are being implemented to assure that the public funds being Dated: appropriated will be used for the ~ q - I - oLf By: ity Manager C:\Documents and Settings\bressnerk,CITY\My Documents\CommlnvCheckMcKoyDaystar0904.doc, 91112004 VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3,2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 [8J September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,2004 (") 0 CJ:::i J;:'" ::;-< :P'" --(0 D Administrative D Development Plans c: C) "'T1 G) :- OJ NATURE OF D Consent Agenda D New Business - :TIO CO 0;)-( AGENDA ITEM [8J Public Hearing D Legal :.;c:z: -0 :/-)-i :x 0 0 Bids D UnfInished Business o:z: N "'co D Announcement D Presentation .. ~fT\ N ("")::Þ D City Manager's Report 0"\ ['11('") :x: RECOMMENDATION: Please place this request on the September 7,2004 City Conunission Agenda under Public Hearing. The City Conunission previously tabled this item to the September 7,2004 meeting. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-15l. EXPLANATION: PROJECT: Lake Drive North (ABAN 04-003) AGENT: Rodney Regan OWNER: Avon Investments, Inc. LOCATION: 2625 Lake Drive North DESCRIPTION: Request for abandonment of the north 4.2-foot wide walk easement in Lakeside Gardens subdivision. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ Devel . City Manager's Signature ~ Planning and Zoning ector City Attorney / Finance / Human Resources S :\Planning\SHARED\ WP\PROJECTS Drive North\ABAN\Agenda Item Request Lake Drive North ABAN 04.()03 1st reading 9-7-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I ! 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF AN 4.2 FOOT WIDE EASEMENT 6 LOCATED IN LAKESIDE GARDENS, (ABAN 04-003), 7 SUBJECT TO STAFF COMMENTS; AUTHORIZING 8 THE CITY MANAGER TO EXECUTE A DISCLAIMER, 9 wmCH SHAlL BE RECORDED WITH TIllS 10 ORDINANCE IN THE PUBLIC RECORDS OF PALM 11 BEACH COUNTY, FLORIDA; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, Avon Investments, Inc., through its agent, Rodney J. Regan, is 15 requesting abandonment of a 4.2 foot wide unimproved easement located between Lot 30 to 16 the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake 17 Drive North, subject to staff comments; and 18 19 WHEREAS, comments have been solicited from the appropriate City Departments, 20 and public hearings have been held before the City's Planning and Development Board, and 21 the City Commission on the proposed abandonment; and 22 23 WHEREAS, staff has determined that the easement provides no public service; and 1- ~5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 27 28 Section 1. The foregoing Whereas clauses are true and correct and incorporated 29 herein by this reference, 30 31 Section 2. The City Commission of the City of Boynton Beach, Florida, does 32 hereby abandon a 4,2 foot wide unimproved easement located between Lot 30 to the north 33 and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive 34 North, subject to staff comments, and more particularly described in the attached Exhibit 35 "A," A location map is attached hereto as Exhibit "B." 36 37 Section 3. The City Manager is hereby authorized and directed to execute the 38 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 39 Records of Palm Beach County, Florida. 40 41 Section 4. This Ordinance shall take effect immediately upon passage. 42 43 FIRST READING this _ day of ,2004. 44 . S:\CA\Ordinances\Abandonmems\Abandonement -Lake Drive North - 04-003.doc I 1 SECOND, FINAL READING AND PASSAGE THIS _day of 2 3 ,2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 ATIEST: 22 23 't City Clerk _J 26 27 . S:\CAIOrdinanceslAbandonmenlslAbandonement -Lake Drive North - 04-003.doc 1 DISCLAIMER 2 3 KNO"V ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 4 FJorida, a municipal corporation, under the laws of the State of Rorida, does hereby abandon 5 a 4.2 foot wide unimproved easement located between Lot 30 to the north and Lot 31 to the 6 south and provides access to the Intracoastal Waterway from Lake Drive North, subject to 7 staff comments, and more particularJy described in the attached Exhibit "A". 8 IN \VITNESS WHEREOF, the duly authorized officers of the City of Boynton 9 Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ 10 day of September, 2004. 11 ATTEST: CITY OF BOYNTON BEACH, FLORIDA 12 13 Janet Prainito Kurt Bressner, City Manager 4 City Clerk 15 16 STATE OF FLORIDA ) 17 )ss: 18 COUNTY OF PALM BEACH ) 19 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 20 Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 21 Florida, known to me to be the persons described in and who executed the foregoing 22 instrument, and acknowledged the execution thereof to be their free hand and deed as 23 such officers, for the uses and purposes mentioned therein; that they affixed thereto the 24 official seal of said corporation; and that said instrument is the act and deed of said 25 corporati on. 26 WITNESS my hand and official seal in the said State and County this _ day of 27 September, 2004. 28 NOTARY PUBUC, State of Florida "'q My Commission Expires: S:ICAIOrdinances\Abandonments\Abandonement ,lake Drive North, 04'OO3.doc 1 2 3 4 EXHIBIT "A" 5 6 The north 4.2 foot walk (easement), in LAKESIDE GARDENS, a 7 subdivision of the Town of Boynton, Florida, according to the Plat of said 8 subdivision recorded in the Office of the Clerk of the Circuit Court in and 9 for Palm Beach County, Florida, in Plat Book 8 at Page 57, located 10 between Lake Drive North and the Intracoastal Waterway, ~ S:\CA\Ordinances\AbandonmentslAbandonemenl-Lake Drive North - 04-003.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04·151 Chair and Members Community Redevelopment Agency Board THRU: Michael W. Rumpf f\...~ Planning and Zoning Director FROM: Maxime Ducoste-A. Planner DATE: June 30, 2004 SUBJECT: Lake Drive North Abandonment of the north 4.2-foot wide walk easement. (ABAN 04-003) NATURE OF REQUEST The agent for Avon Investments, Inc., Rodney J, Regan, is requesting to abandon the north 4.2-foot wide walk. This unimproved easement measures 160.64 feet in length and is located between Lot 30 to the north and Lot 31 to the south and provides access to the Intracoastal Waterway from Lake Drive North, This abandonment request was submitted on March 26, 2004. It is described as follows: The north 4.2-foot walk (easement), in LAKESIDE GARDENS, a subdivision of the Town of BOYNTON, Florida, according to the Plat of said subdivision recorded in the Office ofthe Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 8 at Page 57, located between Lake Drive North and the Intracoastal Waterway. The location map attached as Exhibit "A" shows the general vicinity of the portion of the road easement to be abandoned. The attached Exhibit "B" - shows the location of the proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject ' easement. North - A single-family house zoned R-l-AA, single-family resIdential district; South - A single-family house zoned R-l-AA, single-family residential district; and East - Intracoastal Waterway right-of-way; and - West - Lake Drive North right-of-way and farther west a single-family house zoned R-l-AA, single-family residential district BACKGROUND 10 Jaouaryof 1922, the Plat of Lakeside Gardens was approved (Exhibit ·B-1"). This subdivision Included two (2) avenues (Dimick Avenue and Potter Avenue). one (1) drive (lake Drive North) dedicated to the perpetual use by the public, reserving unto the developers or successors the right of reversion If not used as F , As such this clause Is In favor of the original Interest party If any right of way Is abandoned. Pursuant tv. .oñda Statutes Sections 117.085. reversions contained In plats recorded prior to July 1,1972 would be extinguished If specffic action were not taken to establish such rights on or before July 1, 1973. Also t'sge 2 Memorandum No. PZ 04·151 ABAN 04-003 Indicated on the Plat are two (2) "walks", which provide access to the waterfront with no specific dedications. The plat of Lakeside Gardens includes avenues, drive and walks. The avenues and drive contained In the Plat of keslde Gardens are dedicated to the public, however the plat does not provide any specific reference to the .ntent and purpose of the two (2) "walks", which were intended to provide access to the Intracoastal Waterway from Lake Drive North, It should be noted that these walk easements are not being used as Intended nor are they properly maintained. Both are overgrown with grass and other vegetation and, fences are encroachIng from either side of the south walk. The subject walk easement terminates at the bank of the Intracoastal WaterNay, which at this location is unimproved and consists of large rocks assumed to buffer the shoreline from the wave action. If these walks remain, the city Is obligated to maintain them, and possibly improve the shoreline to minimize safety hazards and liability. However, due to the limited width of these walkways, the limited width at the water, and the unimproved shoreline, this path is not ideal for public access. The applicant has the intention of vacating the north 4.2-foot wide walk to consolidate It with the abutting property to the south (Lots 31 and 32) in order to reconstruct a new single-family house. That portion of the walk when abandoned will revert to the abutting property owners; one-half to the owner to the north and one-half to the owner to the south. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection Bell South - No objection Florida Public Utilities Company - No objection Cable Company (Adelphia) - No objection Cable Company (Comcast) - N/A RECOMMENDATION 3taff recommends that this request to abandon the north 4.2-foot wide unimproved walk easement, located mmedlately east of Lake Drive North, and as described above, be approved, This recommendation Is based on ¡taft's findings that the unimproved walk easement serves no public purpose, and could potentially create lazardOUS situations and be detrimental to the public welfare, Any conditions required by the Community {edevelopment Agency Board and the City Commission will be placed in Exhibit "c" - Conditions of Approval. c: Central File \PIannIng\SHAREO\WP\PROJECTS\lake Ortve NortIIlABAN\Staff Report.doc ~ .1/0. = 100.0 feet R3 ... _..... - R 1- A -3 . . :) .. . 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N.... <:> ~.c. 9<V~~ .. ~ --'- ~ ~ .. - --..~ R.ft. ~ L ~"'- h - ~ ",'1 ',"- z I --tII/ ---r.."k-~-- ,~ EXHIBIT "C" Conditions of Approval Project name: Lake Drive North File number: ABAN 04-003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDmONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detennined. S.\Planning\SIIAREDIWP\PROJECTSILake Drive WorthlABANlCOAdoc f VIII.-PUBLIC HEARING CITY OF BOYNTON BEl ITEM B. AGENDA ITEM REQUEST ~UKlVl Requested City Commission Date Fina] Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20,2004 o August 17, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 [8] September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 o September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November], 2004 Ç) r> n-=4 -~- ~-< 0 Administrative 0 Development Plans >.::: <0 11 0 L_ c-, NATURE OF 0 Consent Agenda New Business G) f-cP rv ''10 AGENDA ITEM [8] Public Hearing [8] Legal ú\ CJ-/.. --;.i:.. :;¡; 0 Bids 0 UnfInished Business -D ch--l 0 ~ o;¡::. 0 Announcement 0 Presentation ,.,.., s;:- ......tP .' _(1"1 0 City Manager's Report v.) OJ:"' ()1 (1"10 :c RECOMMENDATION: Please place this request on the September 7, 2004 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-201. EXPLANATION: PROJECT: Quantum Park NOPC #14 (DRlA 04-001) AGENT: Eugene Gerlica, Quantum Group of Companies OWNER: MFf Development, Inc. LOCATION: West side of Interstate 1-95, between Miner Road and the Boynton (C-16) Canal DESCRIPTION: Request for Development of Regional Impact Amendment (DRIA) to create the new land use option "Industrial with Retail Sales" (IndIR), to add this use option to lots 17, 21, 50A and 52 and to re-designate lots 81 and 82 to "Governmental & Institutional". PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~- ALTERNATIVES: N/A Dever ent epartment Director 'hL.} ~ City Attorney / Finance / Human Resources Planning-and Zo g Director S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #14 + MPMD\Agenda Item Request Quantum Pk NOPC #14 DRIA 04-001 9-7-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-201 TO: Chair and Members Planning and Development Board THROUGH: Michael Rumpf \'-~ ~ Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: August 11, 2004 SUBJECT: Quantum Park - DRJA 04-001/MPMD 04-005 Master Plan Amendment #14 NATURE OF REQUEST Quantum Park of Commerce (a.k.a. Quantum Park PID) is a partially built-out Development of Regional Impact (DRI) comprised of 553,13 acres, zoned Planned Industrial Development (PI D), It is located on the west side of 1-95, between Miner Road extended and the Boynton Canal - (C-16), (See attached Exhibit "A" - Location Map). The applicant, MFT Development, Inc. is requesting an amendment to the Quantum Park DRI Development Order (0,0.) adopted December 4, 1984 by Ordinance No, 84-51. The original D,O. was sUbsequently amended 12 times by Ordinance Nos. 86-11, 86-37, 88-3, 94-10, 94-51, 96-33, 96-65, 97-20, 99-05, 00-02, 01-54 and 02-54, The City Commission denied Amendment #11 on February 20, 2001. The current Master Plan for Quantum Park is provided in Exhibit "B" - Existing Master Plan. Amendment #14 proposes amending the existing use designations on several lots in the Master Plan, including creation of a new "IND/R" (Industrial with Retail Sales) designation. All requested changes are depicted in Exhibit "C" - Proposed Master Plan and described as follows: 1) Change in the Master Plan designation of Lots 17, 21, 50A and 52 from Officellndustrial (01) land use to Office/Industrial and Industrial with Retail Sales (01 & IND/R). The proposed designation includes office and industrial uses as before, with the addition of retail sales associated with an allowable industrial use; and 2) Change in the Master Plan designation of Lots 81 and 82 from a land use of Office/Industrial/Commercial (OIC) to Governmental & Institutional (G & I). BACKGROUND An amendment to a Development of Regional Impact (DRI) is first and foremost governed by Florida Statutes Chapter 380.06 (19) - Substantial Deviations, The applicant has submitted a Notice of Proposed Change (NOPC) in accordance with the statutory requirements, The NOPC is reviewed by the Florida Department of Community Affairs (DCA), the Treasure Coast Regional Planning Council (RPC) and the City. The DCA and the RPC are reviewing the .~----,..~" --<....-~,--'---_..-. ~ .O'...·T'-_'~h..-~-~·. ____~~_·_____~_c p_ ~- -<- Quantum Park - DRIA 04-001/MPMD 04-005 , Memorandum No. PZ 04-201 proposed NOPC and will provide comments following the procedures outlined in Chapter 380.06 (19). The City's Land Development Regulations Chapter 1.5, Sec. 4,3A requires a preliminary review by the Planning and Development Board of an amendment to a DRI. Chapter 380,06 F.S, requires that the local governing body hold a public hearing to review and approve the NOPC. The City Commission is required to determine whether the proposed change to the Quantum Park DRI is or is not a substantial deviation as defined in Chapter 380.06 (19). If it is determined that the requested change is a substantial deviation then further review will be required pursuant to the statutory requirements. If the City Commission determines that the proposed change is not a substantial deviation then they may take action to approve or deny the requested change, The original DRI Development Order adopted a Master Plan for Quantum Park. That Master Plan has been amended over the years, the most recent change being approved on October 15, 2002, The proposed Amendment #14 alters the approved land uses for that Master Plan, Therefore the review of the DRI amendment also constitutes a review of the changes to the Master Plan for Quantum Park, In addition to the state statutes, staff has reviewed the Master Plan in accordance with land Development Regulations Chapter 2, Section 7, Planned Industrial Development and Chapter 3, Master Plan Approval. First review comments were generated and the Technical Review Committee (TRC) reviewed the Master Plan changes on August 10, 2004. ANAL YSIS Notice of Proposed Chanae (NOPC) - Substantial Deviation The criteria for determining if a proposed change to a DRI is a substantial deviation are outlined in Chapter 380.06 (19). In reviewing the statute section staff determined that only one of the criteria applies to the proposed changes for Quantum Park DRI. This criterion, which is applicable for review of this proposed change is provided in Chapter 380,06(19)(e)5., which states: "The following changes to an approved development of regional impact shall be presumed to create a substantial deviation. Such presumption may be rebutted by clear and convincing evidence", 4. Chapter 380.06(19)(e)5.c., Notwithstanding any provision of paragraph (b) to the contrary, a proposed change consisting of simultaneous increases and decreases of at least two of the uses within a authorized multiuse development of regional impact which was originally approved with more than three uses specified in 380.0651(3)(c), (d), (f) and (g) and residential use. As part of the NOPC application the applicant is to complete a "Substantial Deviation Determination Chart", The applicant has provided an updated chart. Amendment #14 involves changes to four land use categories: OfficelindustriallCommercial, Officellndustrial, Governmental & Institutional and the creation of Industrial with Retail Sales (IND/R). There is a loss of OfficellndustriaVCommercial (OIC) acreage, but the allowable square footage thresholds would not change on the Master Plan, Simultaneously, there is an increase in the Governmental & Institutional (G & I) acreage. These changes are reflected in the "Notes" section on the Master Plan, The proposed 2 Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 increases and decreases are presumed to maintain the vested traffic generation level of 63,752 average daily trips (ADT), Conclusion The proposed changes delineated in Amendment #14 are determined not to be a substantial deviation per Chapter 380,06 (19) of the Florida Statutes. The applicant has provided the Substantial Deviation Table and a traffic study, to provide clear and convincing evidence of a non-substantial deviation finding. This determination is subject to satisfying Condition of Approval #3 regarding Palm Beach County Traffic Performance Standards, Master Plan Modification The proposal submitted for the NOPC modifies the approved Master Plan for the Quantum Park DR!. There are two (2) major changes proposed, The applicant provided the following descriptive summary of these changes. Lots 17.21. 50A and 52 (10,85 Acres) These lots were previously designated as Officelindustrial (01) land Use. The land Use would be revised to "Office/Industrial and Industrial with Retail Sales (01 & IND/R)". Lots 81 and 82 (9,39 Acres) These lots are currently designated as OfficellndustriallCommercial (OIC) Land Use. The land Use would be revised to "Govemmental & Institutional (G & I)", Table 1 provides the proposed acreage changes to the DRI Master Plan. TABLE 1: DRI MASTER PLAN LAND USE ACREAGE CHANGES 79.82 0.00 55.90 9.39 All other categories on the land Use Acreage Table remain the same as approved in Amendment #13, The Quantum Park DRI acreage total of 553.13 also remains unchanged, The Quantum Park DRI has been amended 12 times over the years, which is not unusual for a DRI of this type, The Florida Statute governing the DRI process, Chapter 380,06(19), provides for and anticipates amendments stating "There are a variety of reasons why a developer may 3 ~~._-. - ~--~,._.~~......--~~ _~ e- _____.....__~~__'o.._. --~~-- -- ~......<-_~><'-~,_.L- -_"'-~__ _- .-. <~,,- Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 wish to propose changes to an approved development of regional impact, including changed market conditions". These proposed changes to the Master Plan were analyzed from two perspectives. The first is the potential for creating additional regional or local impacts, The second is the consistency and compatibility of the proposed changes with the regulations and policies adopted by the City through the Comprehensive Plan, Land Development Regulations and other applicable studies such as the Visions 20/20 plan. Impacts Reaional A development has gone through the DRI process because the projected impacts are considered regional in nature. Any change to that development must be analyzed to determine if the changes proposed create additional impacts above and beyond what was originally identified and mitigated. In the case of the Quantum Park DRI the major issue is whether there will be an increase in traffic resulting from the land use redistribution/re-designation. A provision in Amendment #8 to the Quantum Park development order requires that" A traffic study shall be submitted with any future application requesting a change in use designations on any lot. A cursory review of the traffic study was conducted by staff during the Technical Review Committee (TRC) process, Additionally, the applicant has transmitted the traffic study to the Palm Beach County Traffic Division for their customary review and approval. Based on the TRC review of the Master Plan, including the traffic study, no additional regional impacts are evident. The vested number of trips, 63,752 is presumed to remain unchanged due to the balancing of increases and decreases in the intensities of the proposed changes to the land use designations. The Palm Beach County Traffic Division has not completed their review at this time. The Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Council (TCRPC) focus their review of the amendment on regional issues exclusively, Staff has not yet received a formal written response from DCA, however TCRPC has responded that the proposed changes will not create additional regional impacts, Local The focus of the substantial deviation determination is regional impacts. The development order for the DRI is a local order and the approval of any requested changes is within the jurisdiction of the City, As such, the City's main focus is local issues and impacts. There were no significant local issues identified by the TRC members at this time, The Utilities Department has indicated that any unforeseen impacts to the water and sewer systems and related levels of service will be borne by the developer. The updated Traffic Impact Analysis submitted with the request for amendment indicates that there will be no increase in the allowable intensities of development. The traffic generation levels will remain within the limits for which the DRI is vested. Turning movements and signalization issues can be evaluated and addressed at the Master and Technical Site Plan stage. Drainage will also be reviewed in detail as part of the Master and Technical site plan approvals, and must satisfy all requirements of the City and local drainage permitting authorities, 4 Quantum Park - DRIA 04-001/MPMD 04-005 Memorandum No. PZ 04-201 Consistency and Compatibility with City Policies Of the changes proposed by the applicant, none present issues that are contrary to city policies. The proposed changes are discussed below. Lots 17. 21. 50A and 52 - Lots 17, 21 and 52 are all vacant parcels on Gateway Boulevard between Quantum Boulevard and the LWOD E-4 Canal. Lot 50A is located on High Ridge Road, south of Gateway Boulevard. Lots 17, 21, and 52 are situated between groupings of properties designated as Mixed Use and/or Commercial. The addition of retail sales in conjunction with recognized industrial businesses would appear to be highly compatible. Lot 50A is a vacant parcel, six (6) lots south of CarMax on High Ridge Road, south of Gateway Boulevard, intermingled with a number of parcels designated Office/Industrial (01), The proposed revision to include retail sales as a part of an industrial operation would appear to be compatible with the surrounding industrial businesses, which may already have a wholesale component, and office type businesses, There appears to be no downside to the proposed change on these lots and the new designation should improve the marketability of these parcels, ultimately leading to construction on the properties and introduction of new business to Boynton Beach. Lots 81 and 82 - The second part of the requested amendment is to change the designation of vacant Lots 81 and 82, located at the southeast corner of Gateway Boulevard and High Ridge Road, from Office/Industrial/Commercial (OIC) to Governmental & Institutional (G & I). As the City of Boynton Beach has purchased the two lots totaling 9,39 acres for future City use, including possible construction of a Fire Administration Building along with a fire station for the northeast section of the City, the Governmental & Institutional (G & I) designation is totally appropriate. Conclusion As indicated herein, the impacts of the proposed ORI amendments on the utility systems, roadways and public facilities are either within the existing capacities or additional provisions will be required of the developer to ensure that levels of service standards are not compromised. The proposed amendments are consistent with City policies and appear compatible with surrounding land uses. RECOMMENDATIONS Pursuant to Florida Statutes, Chapter 380.06(19) Substantial Oeviations, the applicant has demonstrated by clear and convincing evidence that the proposed change is not a substantial deviation requiring additional development of regional impact review, Therefore, staff recommends approval of DRIA 04-001 subject to the Conditions of Approval attached in Exhibit "0". Regarding the proposed modifications to the Quantum Park Master Plan staff recommends approval of designating Lots 17, 21, 50A and 52, Office/Industrial and Industrial with Retail Sales (01 & INO/R) and designating Lots 81 and 82, Governmental & Institutional (G & I), subject to the Conditions of Approval attached in Exhibit "0". S:\PLANNINGISHAREDIWPlPROJECTS\QUANTUM PARK 2004 AMEND #14+ MPMDlDRIA 04-OO1\STAFF REPORT #14.DOC 5 --«->-~~---' . -,..---..,....---,--.-. ~...--_._----,._~~-_..-~-- ._-...__.-~~-- - ~-'~--'-- . ~. "" ~_."'" ~_-_ i<--~~.~_,~ '___m._I. . .:~3:::::'- : .. "~~GAtiaN"MAF- EXHJBIT~A' .,11 . ' ~, ' ' -- -.' ,,' -".. ,. - '&UÄ-'!_~"<" - . -. : . ",,< ··",_¡'g;;'¡~"'7.· .. ;"- . NTLJM '·ÞARlZo.. . .<- ..... ~- . _ ..~_; _______~.. _. . '. ...c. .:-..~ .. .- . r' , ""-:-:-___u. - ' . -.... ..~. ~ ~.. - = .' .. I' --" - . liJlrffkl~·~lr1' . JI. NoT···.- . .' 1... ',-' IN . '- ---.... III ~ -r -. .: ...:..:.., 't ~I .. .. . .~Uif . -: -- -- _: - \\?!f~ W. H 1fl. -. v'.~ ~ ". ._.!L ..;:::r , ' r .. '-I.' " ' V' " á· .... ~ , t·~·'---" - - - ~W I ( . - . ~ G f."~' - J .... V' . . . / - : ' I ~T~ ~ I I I -. . . i.' '. r/ 1 ' . .. =- .'-7:. /:" I'd ~ ~ . =- 1.'. # " I . j "e a; ~ 0 '.. o~ .~( I' ~ . '. . ¡¡ . '. . , A."''' 0"" r·-I ~ , ~ , .L ,..J, ~"_ 1 . .__-;¡; ~~ eo. .r; . \ '.< . V '7, - .¿j ""...... I -1, I' (,.1 I'" - .. i.df· .' :[ , . . . . J =-.' . " OVNT :::-"~'... H - . . - --~ ~ - ~ = ~""u1lK DF CDMMER .' _ "::t ,.!. ,_,''' - . ItMDTDRCLA'/·. '. ,; . .AII _CÆ . . . .............. 0 II!' ~ .' .' l "~ ~ 1 ~ ' ...: . - , ;;;; . ... _'e ' .._. .' ., e ' , . . . .' ,.,.. ,:' Ptj ~ . ...... . ... . . :'" ..~. ........ . ' . ~ . ,_ . ~ . 0' n ' ' . U III,I.JIIIIT :' ,.....:- '., ;:: I.... - ~ ',. ......:.:,.. _ ., -r -- 00;, 1D1II - - -! ' R ¡- '_. r I ï E I - . !lad" 'II ~~ .~= . . ~ . -' ~ . . J: ~ . . ~ " ..0 1/8 MILES -' ~ -, ~U -<- filII ',. ~ I . _ R A A ,'II. ". I- 'J, . lID ,f ,,' , q,~IJI' ~I ' i -. " r,..,., : "0400.' aoo ' FEET ' .... - ,A_",..". ,,,, -, n ~ -,- ~ . ----- ia § ð ----- ----EXHIBIT "B" ~ ¡ I ! H J ~ , ~ * 1 0 .. ' ¡ø i :i il !.ti ! mmum i i . . ~J ~ Ii' . ,! ¡! .: ~~~!~ã~!~~8 ~ ,. I IlIbM;~~ r .OJ b i ¡ a ~2:0l5ð~~~ ~ 1" .. _ w H ~ . ~. :a 0.15'" ~~:o.m~~~ Um ~ I ~I! ... 2 ~ F ~ I i I I ~ I .. I g!i ~ iO rli I : il" i JI~ I ~jS¡ I j ~i ~ .. I i Ii I I 01 J ml~ - - I J! i ::a :¡ I .- I I ;1 I O' .T I I O' I I I I I I I ~" g- I I I .- I I '"'" i I I .i~II1I.'Øta: I I I I I I ffi---- I ~ - -- ------- -- I --- I YfØ\Y SS3IIONCXI -- - - - !d ª wi: - - --- -ill - ! !! ~D 9 3111 , :: I; ¡¡ I~ ! <d~ i~1 å U 15 r~b ! 101 !Ii Iª~ 1 , :; 1~ l1ull ~ ij , ¡i'I~~1 ! f rlIGIi1; ~ ~.. ~. -: ~l;;~ i 'I II Il'mlI I ~ .r im ~ 1111/11 .; .. ... "",~L RCf1.l/ø ...... --....... .~_,.___...~..._....-r-->-_ -'~-~ -~. .....-.".~--!-~-'"-- - - "--"""..----,..,. ~ EXHIBIT "C" '; i is h ~ I S I ~ ~ i ~ . ~ i I .. ... w I I~ I : I ~¡¡ ¡ . J In ! mllllUU B B -. t~ I I. Ii II ' '. ~I ~~~ä~5I2!~1 = i i ~ Ii ø >- R III drd; i I Ihm ~ I! ! '" ~ . . ffi~ I ! _ I II II> hl:o..øn~ h ftl:oan:ib. Un , Iii lid I ~ .. ,å ~!Ib ~ ~ ~ i i a :1-; I~ it IS I ~ I .. 1 gg $ I .... -I:!"~ I .. Bila! I ~~I~ :·i- ~ a¡ ð I .. ~tI -î I ¿ ~i§! I ! I ~Ii~ I I ð J .. I I I I I I I I I I I I ... =:...... - I I I I I t I - I I I ~ ¡ I ffi-- I ... . ---- I - ------------ 3/1IG'\V SS3IIONOO ______ I 't I ~ ii --- -m --- I I I iJ! i. j i I.. ~ /i,lpP II 5 1 " I ·'fllii! ;¡!I i dill II II 'í!¡¡¡ · !. i !b I B!I LIIrnll "" .. . "' tI. .. EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC #14/ Master Plan Modification File number: DRIA 04-001 MPMD 04-005 Reference: Master Plans identified with a July 7,2004 Plannmg; & Zomng; date stamp marking;. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. The applicants will be subject to all applicable rules and regulations of all X g;overning ag;encies as each site is individually developed. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: ~--<-,,,,,-,------~,,,:",,,--'-~~",,._--.----- ~ ~_., Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Pursuant to Chapter 380.06 (l9)(e) 5.a. and (l9)(e) 5.c. the application for a X proposed change IS presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 3. Provide notice of concurrency (Traffic Perfonnance Standards Review) X from Palm Beach County Traffic Engineering. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #14 + MPMD\COA.doc . IX. - CITY MANAGER'S REPORT . CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 o August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 [8] September 7,2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 (""") 0 D-t 0 September 21, 2004 (Noon) September 7, 2004 o November 16, 2004 (Noon) November 1,20%. ::~-< ~ -<0 c:: n~ 0 Þl~ [;3 0 Administrative 0 Development Plans 9 ::':1 f~-~- ~~ NATURE OF 0 Consent Agenda 0 New Business ~ {]) ---.'~ -"5j AGENDA ITEM 0 0 ç;! t-"3~ Public Hearing Legal {Sþ ~t'O 0 0 -;.. rt:I Bids Unfinished Business €;J ~ ~ 0 Announcement 0 Presentation N 2:a: ' [8] City Manager's Report c:> ::::¡:g 0> (J\ rrln :¡: RECOMMENDATION: Consideration of interim water purchase contact with Palm Beach County Utilities for supplemental water purchase in West Water Plant Service Area. Authorize City Manager and Brown/Caldwell to pursue negotiations for long-term (25 year) water purchase contract to ascertain if such an agreement is a cost-effective and acceptable alternative to the expansion of the City's West Water Treatment Plant. EXPLANATION: Staff has been assessing cost-effectiveness of the proposed expansion of the City's West Water Plant, which has a projected cost of$28.8 M. In addition, the time-line for the completion ofthe West Water Plant Expansion is expected to be three years. During this time, changes in the City's development patterns in the downtown area and the conversion of industrial zoned property to mixed-use commercial, office and residential uses in the QuantumIMotorola parcels has required the staff to adjust the projections and location of water demand. In reviewing the program, the City Commission has authorized the planning phase of the City's East Water Treatment Plant by 8 MGD expansion and to use the Floridan Aquifer (deep) in accordance with the terms of our SFWMD permit. The West Water Plant was projected by our SFWMD Permit to expand from 9 MGD to 17 MGD, using the Biscayne Aquifer (shallow). As part of the Utility program review, the City's contract Utility Administrator, at the City Manager's request Brown and Caldwell contacted Palm Beach County Utilities to determine their ability and willingness to provide interim and possibly permanent water service to the City by contract. The temporary arrangement would allow the City to meet its immediate requirements. The County has advised us via a letter of their willingness to accommodate the City via a short-term or a long-term water purchase contract. The short-term agreement would be a commodity only arrangement of up to 4 MGD water service at a wholesale rate of $.80/1,000 gallons. Our current in-City residential rate for water is $1.68/1,000 gallons based on a monthly consumption of 12,000 gallons. The long-term commodity cost from the County (in 2004 dollars) is $1.15/1,000 plus $2.75M for each MGD of plant capacity purchased. Based on a projected West Plant expansion capacity of 8 MGD, the total capital charge would be $22 M or $6.8 M less than our projected plant cost. However, the City will need to make the following modifications to the West Water Plant regardless of whether we proceed with a long-term expansion of the West Water Plant or not: S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Replace Membrane Feed Pumps $396,000 Add Vertical Cartridge Filter 76,000 Change Membranes in Trains 4, 5 and 6 557,000 Install additional Pressure Vessels in Trains 4,5 and 6 42,000 Convert Chlorine System trom Gas to On-Site Generation (OSG) 800,000 Upgrade Existing Roof 140,000 Instrumentation and Controls Improvements 140,000 ModifY Trains No.1 through 6 (trom 2-stage to 3-stage) 432,000 Sub-total: $2,583,000 15% Contingency Fee: 387,450 Sub-total: $2,970,450 3 Million Gallon Ground Storage Tank (Optional Including 15% Contingency) $910,800 Grand Total: $3,881,250 Very preliminary 15- Year Cost Projections of the Water Supply Division (Capital, debt service and Operation and Maintenance) indicate that the long-term contract with the County will save the City, overall about $22.4 M. However, staff believes further analysis is necessary to confirm costs. Through discussions, the County may provide modifications to their proposal to reduce City costs further. Based on this Staff is recommending a short-term water purchase agreement with the County at this time to allow Brown and Caldwell to review the cost-benefit and cost projections further. We believe the long- term contract will offer savings in terms of lower capital, debt service costs and lower operation and maintenance costs. The staff has also completed a chemical analysis of the County Water system and has found it to be chemically compatible and capable of being delivered to the City at a pressure range, which is easily managed. PROGRAM IMP ACT: Deemed beneficial to the City, as the water purchase contract with the County will provide peaking water supply to the City. FISCAL IMPACT: Based on a projected average daily purchase of3 MG, the annual commodity cost would be $876,000 based on $.80/1,000. ALTERNATIVES: Do not enter into short-term or long-term contact with Palm Beach County and proceed with West Water Plant Imp~ts. This may requi« «vi,w nf watcr smie, ag",em,ntS fO'. futu., d""'lopm~ D~ ~.s- epartment ea sIgnature Ity anager sIgnature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC · .. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Attachments: l. Letter dated August 4, 2004 from Palm Beach County Utilities proposing water purchase contract. 2. IS-year Projection of Costs with and without construction of West Water Treatment Plant Improvement 3. Water Utility 5-Year Capital Improvement Plan with construction of West Water Treatment Plant. 4. Water Utility S-Year Capital Improvement Plan without construction of West Water Treatment Plant and purchase of water from Palm Beach County in lieu of construction of West Plant. 5. Debt Service Amortization Schedules for both options based on 20 Year Bonds. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ ~.-©J~~J~J¡;;I~ ~ Ù I AUG. 6 2004 ¡ ~ I L__J I ¡, ;', f..·· ,.. .. <' : -- ¡::- {' CITY ~!nl"'_'c_' \J c;,' I'JE August 4,2004 Water Utilities Department Mr. Kurt Bressner, City Manager Administration C· f B B h lty 0 oynton eac P.O. Box 16097 Vest Palm Beach. FL 33416-6097 P.O. 'Box 310 (561) 493-6000 Boynton Beach, FL 33425-0310 FAX: (561) 493-6008 www.pbcwater.com Re: Wholesale Potable Water Service for the City of Boynton Beach Dear Mr. Bressner: . It was a pleasure meeting with you recently to discuss the possibility of entering into an interlocal agreement for the delivery of bulk potable water. Purchasing Palm Beach County bulk (wholesale) potable water ftom Palm Beach County is a viable option that Board ~f Coi unty the City may wish to consider as it plans for the future. Comnuss onen Haren T. Marcus, Chair The Palm Beach County Water Utilities Department is willing and able to provide ony Masilotti, Vice Chairman a portion of the short-tenn or long-tenn potable water needs of the City. Our potable water is treated utilizing four state-of-the-art water treatment facilities, Jeff Koons and our water quality meets all existing and proposed state and federal drinking Warren H. Newell water standards, We recently obtained a 20-year Water Use Permit from the C South Florida Water Management District, so our raw water supply is secure. Mary Mc arty Burt Aaronson We currently have 74 million gallons per day (mgd) of combined water treatment Addie L. Greene capacity, with ongoing construction projects expanding this capacity to 91.5 mgd by the end of this year, At build-out we win have approximately 120 mgd of capacity, The water provided to the City would be produced at our two closest membrane treatment plants with a combined capacity of 57 mgd. To our County Administrator knowledge, the County has more membrane treatment capacity installed and under construction than any other utility in Florida. Robert Weisman The following is a synopsis of our conceptual proposal: 1. Cost of Capital Should the City desire to enter into a short-tenn agreement (3 years or less with flows up to 4 mgd) to provide time to expand its existing water treatment plants, no capacity fees will be assessed. For a longer-tenn agreement (up to 25 years with flows up to 10 mgd), a one-time bulk water capacity fee of $2.75 per gallon (based upon peak instantaneous demand) would be assessed, The breakdown of this fee is as follows: . An Equal Opportunity irmativeActionEmployer" Water Treatment Plant Capacity $1.50/gallon Raw Water Well Capacity $.50/gallon ) printed on recycled paper , Page 2 >' August 4, 2004 Re: Wholesale Potable Water Service Raw Water Main Capacity $.25/gallon Finish Water Main Capacity $.25/gallon Alternative Water Supply Requirements $.25/gallon TOTAL $2.751 gallon As you will note, the cost of the water treatment plant capacity is only a portion of the total capital cost, so it is important that the City consider all capital costs when making a cost comparison with other alternatives, The fee structure proposed assumes that the County will be responsible for 100% of the capital cost of delivering bulk potable water service to the City, including the installation of additional finish water pipelines and upgrades to the metering vaults at the point(s) of service, The fee structure also assumes that the County will be responsible for any capital upgrades required during the life of the agreement at its sole cost. 2. Commodity Fee Structure Should the City desire only a short-term agreement (3 years or less with flows up to 4 mgd) to provide time to expand its existing water treatment plants, the commodity fee would be fixed at $,80 per thousand gallons, and there would be no specific purchase requirement, For a longer-term agreement (up to 25 years with flows up to 10 mgd), the commodity fee would be $1.15 per thousand gallons assuming a minimum of 75% of the contracted flow would be on a "take or pay" basis. The commodity fee would be adjusted annually using the Consumer Price Index. This fee includes not only the direct cost of producing the water at our water treatment plants, but also an allocation of our central laboratory, engineering, regulatory compliance, alternative water supply, insurance, maintenance, repair, and administrative costs, It is important that the City consider all costs when making a cost comparison with other alternatives. 3. Points of Connection The City and County have two existing emergency potable water interconnects: one on Boynton Beach Boulevard and one on Flavor Pict Road. In addition, a third potable water interconnect could be installed , further north near Biltmore Terrace. The following flows could be obtained at these three locations with no distribution system improvements by the County: Boynton Beach Blvd. 4mgd Flavor Pict Road 1.5 mgd Biltmore Estates 1.5 mgd TOTAL 7mgd Page 3 August 4, 2004 Re: Wholesale Potable Water Service Should the City desire to obtain flows exceeding 4 mgd at the Boynton Beach Blvd. location, the County would need to install approximately 12,000 feet of 36-inch potable water main to increase distribution capacity to this location. The cost of designing, permitting and installing this pipeline and upgrading the metering vault would be the responsibility of the County, and no additional capacity fees other than those identified above would be assessed. 4. Schedule o( Delivery The County can provide up to 4 mgd upon execution of an agreement, and 10 mgd upon installation of the necessary distribution system improvements. We estimate that these improvements would take approximately 9 months to design, permit and install. 5, Volume. Pressure and Water Ouality at Point o(Connection The County will guarantee the quantities and scheduling of water identified above. The residual water pressure delivered by the County to any of the interconnects will be guaranteed to be a minimum of 40 psi at all times, Water pressures under normal conditions win be 50 to 70 psi. 6. Ability to Deliver The County will provide continuous service during the life of the agreement, and this service will remain uninterrupted except for acts of God. 7. Alternative Water SuvvlvRequirements and Regulatory Risk The County will be responsible for an alternative water supply requirements and future regulatory risks related to the bulk water production, and the City will not incur additional costs above those identified above, The County has an aggressive reclaimed water and alternative water supply program underway which is planned to reach approximately 40 mgd at buildout. 8, City Resvonsibilities The City will remain responsible for the ownership, operation, maintenance, repair, replacement and regulatory compliance of its complete utility system. . Page 4 August 4, 2004 Re: Wholesale Potable Water Service 9. Financial Options In lieu of the City paying the Capital Fees up front, the County is willing to finance these fees over the life of the agreement at 5,5% interest. 10, Penalties We are not proposing any penalties, In the occasional event that the City's peak: instantaneous water demand exceeds that contracted for, the County will endeavor to meet this additional water demand to the extent that it's existing water production and distribution system is able to do so without impacting other County customers, In the rare event that this additional demand can't be met, the County would reserve the right to limit the City's withdrawals to the contractual limits, Hopefully this letter has provided enough infonnation so that the City can compare the options presented herein against other options being explored by the City. I would be pleased to provide more infonnation should it be needed, or to meet with you to discuss this matter further, Should the City wish to move forward with a wholesale water agreement, a draft agreement can be provided within 15 business days, The pricing and any offers presented herein, and any subsequent agreements, are subject to approval by both the City Commission and the Board of County Commissioners. Sincerely, . Cc: Jean Creamer, Asst. County Administrator Michael Jones, Asst. County Attorney Ron Ash, Brown & Caldwell Nemesio Gomez, Brown & Caldwell Leisha Pica, Asst. Director PBCWUD Management Team ~ ! ië i ! : ! i 'd OJ.! , : ! . ~ I .Q! E ~ 01::2 ¡ _I 0: : 0 0 0' II ""',_,'0 ':2. ~ 0 -:Ji!. :§!.I:§!. :::.e:èf=i~'èf=, è§=. ;¡:: : ::I: :«JlroOOt"")Ooooo·O!O-O' '00 I i I \5, ~I~ ° "':~Io °'°,°,"'1°''''1 , I'", "',' i 1 , - f-' " 1 I I " ,I :' «:b, i I' I',! 1 , ! ,I >€':;:' '" 1 I' " " ----- +-__'0 ¡ N! ¡ !-t--~ :001' :V;Q)¡ ~t~;O:~+- . i g. 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I ì¥ ':0 I;; IJª ¡¡¡ ¡¡ J! ,\i: XII '" j ~" .m c 1 i 1! .¡¡ i!' ~ !! = 16 ==i ~(/)ä:~ E"B I....·æ .B~=...J 15 ~ i i pit î!Æ š i i'§ ~ .¡' ~ ¡¡;Ij ~ n ~ -2" ~ >- J!i~¡¡æ,,~I;;~q>i š.i!~g~~:§~..:¡¡:EJJI!!~d g ~ !~ ~ ~ ~ ~ ~ ~ ;r ~:¡¡ ¡!¡ ~ ~ ~ ~ ~ ! ~ ~ ~ ~ 8 ð ~ c ! ~I~ ~ ~ ~ ~~ ~ ~~~~~~;¡~~~~ ~ ~~~ ~~~~ · A I B I C I D rEF 1 Amortization Schedule Template ¡¡I 8/29/2004 f--- ,_..___'u___u_~..- -- ,- ____________u_~__ 2 Versior¡J.0/2?/84.J _ ' _________'_"n___~_~___ 3 Bureau of Economic and Business Research I t-- ---~---- ---------- - .- ----- 4 Revised by Kurt Bressner 3/1/87 : 5 ___.. -~-~- - ----- '_n__~__n_ _n_____ 6 Assumed Construction of Both East and West Plants ~ ~--,----~, , ,-------,-- ' ~ _j:.æ:~i..!I1~£QI!.Qvving Data ,_.:.__ -- I 9 ' , ' 10 Bond/Loan Amount n~~---------------i -----------> __i- 62,714,100 i_L_~-=-===-= 11 Estimated Annual Interest Rate __nuuuuu_> 5.5% ----- ----------_.-.-_._--~-- 12 Payment Period in Years unnn_ _uuu_u_> ' $ 20.0 "13 --- -..----==~~~______n' - ___u__ ==~~_____~ 14 Annual ¡:>aym~..L.--=--:.:..=_~------ . __n____u_> $ 5,247,873.9~__~______~ 15 Monthly Cost ___n__u_un_ ¡ uuunn_> ' $ 437,322.8 . r----'- "-----------~-- ----,---- 16 ' I ~- --~-~====- -+ ,--- ,-------, ¡ 18 ,I PRINCIPAL [ 19---- YEAR n, PAYMENT INTEREST, PRINCIPAL BALANCE MONTHLY 7- 1 $ 5,247,874 $ 3,449,276 U 1,798,598 I $ 60,915,502! $ 437,323 ~ 2 ¡ $ 5,247,874 $ 3,350,353: $ 1,897,521! $ 59,017,980 I $ 437,323 1---- -- --- -- " ~ 3 '$ 5,247,874 $ 3,245,989 $ 2,001,885 I $ 57,016,095, $ 437,323 23 -- -- - 4 -, $ 5,247,874 $ 3,135,885 $ 2,111,989 I $ 54,904,107! $ 437,323 24 5 ---- $ 5,247,874 $ 3,019,726 $ 2,228,148 I $ 52,675,959 $ 437,323 : 25 --- 6----~~---5,247,874 ~ $ 2,897,178 I $ 2,350,696 I $ 50,325,263 ¡ $ 437,323 26 7 . $ 5,247,874 I $ 2,767,889 ¡ $ 2,479,984 I $ 47,845,278 i $ 437,323 ~ ____ 8 ------- . $ 5,247,874 $ 2,631,490 $ 2,616,384 í $ 45,228,895 $ 437,323 28 ___ 9 ¡ $ 5,247,874 $ 2,487,589 I $ 2,760,285 ! $ 42,468,610 ~ $ 437,323 ~ 10 ¡ $ 5,247,874 $ 2,335,774 i $ 2,912,100 I $ 39,556,510 $ 437,323 ~------ , ----~~- ¡.2Q...______ 11 ~ $ 5,247,874 $ 2,175,608 $ 3,072,266 I $ 36,484,244 $ 437,323 31 12 ; $ 5,247,874 $ 2,006,633 I $ 3,241,240 ¡ $ 33,243,003 $ 437,323 ~___ 13 - il 5,247,874 $ _ 1,828,365 $ 3,419,509 í $ 29,823,495 $ 437,323 33 14 ; $ 5,247,874 $ 1,640,292! $ 3,607,582 ! $ 26,215,913 $ 437,323 7 15 $ 5,247,874 $ 1,441,875 I $ 3,805,999 I $ 22,409,914 $ 437,323 35 16 : $ 5,247,874 $ 1,232,545 i $ 4,015,329 ! $ 18,394,586 $ 437,323 36 17 : $ 5,247,874 $ 1,011,702: $ 4,236,172 ¡ $ 14,158,414 i $ 437,323 ~ 18 : $ 5,247,874 $ 778,713 i $ 4,469,161 i $ 9,689,253 $ 437,323 38 19 --1L 5,247,874 $ 532,909 ; $ 4,714,965 ! $ 4,974,288 L$ 437,323 39 2~___ i $ 5,247,874 f-l 273,586 i $ 4,974,288 : $ (0)1 $ 437,323 40 21 ! $ - $ -: $ -, $ - $ - I--'-"- _n__ -,--' I, ------------- 41 22 I $ - i $ -: $ - $ - I $ - 42 23 ' $ - ¡ $ - 1 $ - $ -! $ - 43 24 · $ -! $ -: $ -- $ -! $ - ----1---------- 44 25 $ - ,-Jt---, - --L, $ -! $ ------+_1_ - 45 26 -- · $ - ,$ - " $ - L$--~1_- -- ~ 27 $ -, $ -, $ - $ - i $ - 47 28 ' $ - I $ -- $ - I $ -' $ - ~ 29 I $ --; $ - $ - i $ -. ~ - 49 30 ' $ _ -, $ - $ -, $ - $ -- 50 =+t -. $ -; $ -' $ - $ - 51 TOTAL , $ 104957477 $ 42.243,3¿7Ti 62714100 ¡ " ABC D E F 1 _ AmQrtization Schedule Template .. _u_ 8/21f.200±".. 2 Ve_rsio')J.-ºL25/84____ ....__..___..___.._ 3 Bureau of Economic and Business Research -~-----------._------ ---- - ----------------- --------------------------+-- 4 Rexise.QJ:>'i..I$_l.J..rtBressn~r ?LYJE _____ _ __1__ 5 ____....______. _. __ ___...__..__.._.._____________.__ _________ i _ ~_..___ 6 _~s.!umt!.c! £ol1~truc!~on_olE..ª_~~_Wa!.t!.. ~lëI.~t..Only ancl_I!.~!!.c!FJnancing of Count..YC:.ëI.~£_e~u 7 i _ ~________ _______ __-'_____ ___________ _______~-----_-- __L--__ _~__________ 8 Enter the Following Data I : i 9 _____.. "_~m ______ =~-..~-=___--- _ ¡ __ __ . __. 10 !3~')d/LoanAmoun! _m_mmmm__ ! nnm_m> __L_L_62L4..49,80o._~ m 11 Estimated Annual Interest ~ate =_n___~~::-=-=-::_~'> .1.....__~5°/c¡j...._ 12 _ F>ëlym~f1t PerLo.g in Years-::--mn m::'==--'::.>_..___L~__.. 20.0 . ..__ 13 ___________ ________________________ _________u_ ___ ____________ ___ _____u________ 14~nnu_aIPayment_.. mmnnn .____-mum> $ 5,225,757 _____ 15 Monthly Cost mmmmm . mnnn__> ; $ 435,479.8 16 -- -----~____:__===-==~=_=~==__==_--====-=_,__--- __________ ______ 17 ------- ---- -------- -------------------------- ------------------ 18 PRINCIPAL -------- ----- ----- -- -------- - -- ---------~--- 19 YEAR PAYMENT INTEREST PRINCIPAL BALANCE MONTHLY --- _._-----~------~-------~~----~-_.~--- 20____!_____~ 5,225,757 $ 3,434,739 $ 1,791,018 . L 60,658,782 $ 435,480_ 21 ______1.._____ ___L~!225,757 . $ 3,336,233 $ 1,889,524 $ _~ª,76~,25L .Lw 435,480 22 _____~__ ____ .$___5,225,757 ¡ $ 3,232,309' $ 1,993,448 $ 56,775,809~j_ . 135,480 23 1.__n___ $ 5,225,757 ¡ $ 3,122,669 ~i ?r!93,Q88 _.1.._ 54,672,721 : $ 435,480 24n_n___~.. .$ 5,225,757; $ 3,007,000 i $ 2,218,758 ; $ 52,453,~~~L._~ 435,480 25 6 $ 5,225,757' $ 2,884,968! $ 2,340,789 i $ 50,113,174 $ 435,480 26 ____Z -n_~~_ $ __~,2~~?57 $ 2,756,225 $_n 2~469,533 1 $ 47,643,641 _ $ 435,480 27 8 $ 5,225,757 $ 2,620,400 $ ~,605,357! $ 45,038,284 $ 435,480 28 _ _2.________1. 5,225,757 ,ui 2,47Zd.~;i__ 2,748,652 ~_ln 42(289,632;..1.. .. 435,480 29 ..n_____J.Q..._____~...i.......~!225,757j $ 2,325,930 i $ 2,899,828 $ 39,389,804.[_1 ~35,480 30_......!!..___ $ 5,225,Z57 I $ 2,166,439 $ 3,059,318 $ 36,330,486 JL _!ª-?(480 31 12 '$ 5,225,757T $ 1,998,177 $ 3,227,581 $ 33,102,905' $ 435,480 32 ______!l._~__w_t 5,225,7571$ 1,820,660. $ 3,405,098 T $ 29,697,808' $ 435,480 33m____~____.i__ 5,225,757 ¡ $ 1,633,379 i...L...._ 3,592,378 "_1__ 2~,.!05,430 $ 435,480 34 15___1 5,225,757; $ ~,4~?J?9~_i.1__ 3,789,959 $ 22,315,471 ~ $ 435,480 35 -------16 i $ 5,225,757; $ 1,227,351 ¡ $ 3,998,407 $ 18,317,064 $ 435,480 36 17 11._5,225,757- $ 1,007,43~lj__4,218,319 ¡ $ 14,098,745 $ 4ª5,480 37 18 '$ 5,225,757 $ 775,431 $ 4,450,326 ! $ 9,648,419 . $ 435,480 38 ____---.!2__~ . t_ 5,225,757 $ 530,663.~ .,,!,695,094;._L.... .1J~5}!}25..._1_n 135,480 39 20 $ 5,225, 757 ~1__~Z~.,4ªl__ $ 4,953,325 $ (0) Ll__,,!35,480 40 21 ¡ $ - i $ -, $ - i $ -' $ - ---. I . -- ----j---'- . . :~ _%}__n i : ~: i---n---..---~---jl-n ~! : ~: : ~ _______ __ ____________ _.______________ ____~____ ___-----L-_________ 43 ____~'!.___. $ - 1.._______ $ - $ -! $ - 44 25 $ -, $ - ¡ $ - $ -! $ - ________n _a_ ______._________~---m-- n - n-t--- '. -------t------- 45 26 . $ - I $ - $ -' $ - $ 46 ~==_=_.]] .. _n~..1.- -----T$-__=._ ::~~=====-=-= -$-=~~=~==-==_=$ --___-___ 4 7_~__ $ -; $ -' $ - _ $. ____nun - $ 48 __.?~_n ...; $ - $___ -. $_--=-__..i___ ..-=:__.1......______ 49 30 1=!== - $ =-__$ -__L_ - __L_ - . - __n_______ ____ ____________I~_______~_ _ _ _ 50 ' $ - ¡ $ - $ - $ - $ - _nW_'W______ I ~._.n__n_w~r ____nnm ----------------- 51 TOTAL ; $ 104 515 148; 42065348 I $ 62449800 CITY OF BOYNTON BEACH XII. - LEGAL ITEM A.3 AGENDA ITElVI REQUEST FORl\tI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dales in to City Clerk's Office D April 6, 2004 March 15,2004 (Noon.) D June I, 2004 J\.lay 17, 2004 (Noon) D April 20,2004 AprilS, 2004 (Noon) D June 15, 2004 May 3],2004 (Noon) D May 4, 2004 April ]9,2004 (Noon) D July 6, 2004 June ]4, 2004 (Noon) D May] 8, 2004 May 3, 2004 (Noon) I:8J July 20, 2004 July 5, 2004 (Noon) n 0 0-4 .¡:- :=\-< D I:8J C- -<0 Administrative Legal c:: (')m I NATURE OF D Announcement D New Business ,OJ I '" C> AGENDA ITEM D D N :0-< City Manager's Report Presentation ::<% D :P' Jfl-t D Consent Agenda Public Hearing :J: - 0 c:>z 0 D <2 --., Code compliance/Legal Settlements Unfinished Business ...,CP -r-ï 0 Oþ - r1Ç) :x:: RECOMMENDA nON: Ordinance on First Reading to provide a one-time opportunity for current members of the General Employees' Pension Plan to include prior military service as creditable service towards a member's pension by purchasing service credits for such military service served by the member EXPLANA TION: Ordinance would allow General Employees to purchase prior military service at no cost to the City and no cost to the General Employees' Fund. Employees would bear full costs. Collective bargaining unit has approved the ordinance, PROGRAM IMPACT: Additional enhancement to the Employees' Pension Plan to provide general employees the same J uptions as participants in the Police and Fire Pension Plans FISCAL IMPACT: The Fund's Actuarial Consultant has indicated that there would be no additional cost to the City. ttrüne: Pk Ord;7 as neommended by ~nBOard. Department Head's Signature City Manager's Signature Pension Administration / Department Name S:\BUil.ETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE 04- 050 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA PROVIDING A ONE- TIME OPPORTUNITY FOR 5 CURRENT lVIEl\ffiERS OF THE GENERAL EMPLOYEES' 6 PENSION PLAN TO INCLUDE PRIOR MILITARY SERVICE AS 7 CREDIT ABLE SERVICE TOWARDS A MEMBER'S PENSION BY 8 PURCHASING SERVICE CREDITS FOR SUCH MILITARY 9 SERVICE SERVED BY THE MEMBER; PROVIDING 10 REGULATIONS FOR IMPLEMENTATION OF THIS OPTION; 11 DIRECTING THAT A CERTIFIED COpy OF THIS ORDINANCE 12 BE PROVIDED TO THE FLORIDA DIVISION OF RETIREMENT; 13 PROVIDING FOR CONFLICTS; PROVIDING FOR 14 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 15 16 WHEREAS, the General Employees' Pension Board of Trustees ("Board") has 17 determined the necessity to provide for a one-time opportunity for current members of 18 the General Employees' Pension Plan ("Plan") to include prior military service, as 19 defined in § 18-81 of the Plan, as creditable service towards a member's calculation of 20 pension benefits under the Plan by purchasing service credits for prior military service; 21 and 22 WHEREAS, the Board has approved and recommended to the City 23 Commission the adoption of this modification to the Plan; and 24 WHEREAS, it is the desire of the City Commission to modify the Plan as 25 recommended by the Board; 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "WHEREAS" clauses are hereby certified as 29 being true and correct and are incorporated herein by this reference. AU ex hi bits 30 attached hereto are hereby incorporated herein. Page 1 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - military buy back option.doc 1 Section 2. The City Commission of the City of Boynton Beach, Florida 2 hereby provides for a one-time opportunity for current members of the General 3 Employees' Pension Plan ("Plan") to include prior military service, as defined in §18- 4 81 of the Plan, as creditable service towards their caJculation of pension benefits under 5 the Plan by purchasing service credits for prior military service. This option shaH only 6 be available to those persons who are members of the Plan as of the effective date of 7 this Ordinance. 8 Section 3. The open enroHment period for exercising this option shaH 9 commence thirty (30) business days foHowing the adoption of this Ordinance to 10 provide sufficient notice to Plan members. The open enroHment period shaH remain 11 open for sixty (60) days, during which time a Member choosing to exercise this option 12 shall submit the required fOnTIS to the Plan Administrator demonstrating their intent to 13 exercise such option, Any member failing to submit the required fOnTIS prior to such 14 expiration date forfeits the option to purchase prior military service as creditable 15 service in the Plan. Any future military service shaH continue to be regulated by § 18- 16 81 of the Plan. 17 Section 4. It shaH be the member's financial responsibility to buy back 18 such military service as credited service in the Plan pursuant to the caJculations 19 provided by the Plan actuary which shaH be provided to each member during the thirty 20 (30) day notice period. Credit shaH be awarded only for that service bought back and 21 only upon receipt of payment. The member may make payment for such purchased 22 service credit over a five (5) year period commencing with the first date of open Page 2 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - military buy back option.doc 1 enrollment. No member shall receive credit for purchased service credits for which 2 payment has not been received. Any service credits for which payment has not been 3 received prior to the expiration of the five (5) year payment period shaH be forfeited. 4 Section 5. AU Ordinances or parts of Ordinances, Resolutions or parts of 5 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 6 such conflict. 7 Section 6. It is hereby directed that a certified copy of this Ordinance shall 8 transmitted to the State of Florida Division of Retirement. 9 Section 7. If any clause, section, or other part or application of this 10 Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or 11 invalid, such unconstitutional or invalid part or application shall be considered as 12 eliminated and so not effecting the validity of the remaining portions or applications 13 remaining in full force and effect. 14 Section 8. This Ordinance shall become effective when the followin2 have 15 occurred: 16 (a) the City Commission has received and has accepted a report 17 establishin2 the actuariaJ soundness of these amendments; and 18 (b) As to bar2IDnin2 unit members. when a collective bal1!:ainin2 19 a2l"eement ratifvine the fore20in2 chan2es to pension benefits has 20 been ratified bv the City Commission and the General Emplovees' 21 Pension Board of Trustees. or their successor or2anization. Page 3 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\Genernl Employees Pension - military buy back option.doc , 1 Upon satisfaction of all of the above requirements, then in that event. the 2 terms and provisions of this Ordinance shall become effective. 3 FIRST READING this _ day of ,2004. 4 5 SECOND, FINAL READING and PASSAGE this - day of 6 ,2004. 7 8 CITY OF BOYNTON BEACH, 9 FLORIDA 10 11 12 Mayor 13 14 15 Vice Mayor 16 17 18 Commissioner 19 ATIEST: 20 21 Commissioner 22 23 CITY CLERK 24 Commissioner 25 (CORPORATE SEAL) Page 4 of 4 JFK: 8-18-200311-23-2004 S:\CA\Ordinances\Pension\General Employees Pension - military buy back option.doc XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.4 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2004 (Noon.) July 19,2004 o October 5, 2004 (Noon) September 20, 2004 D August 17,2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4, 2004 [8J September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18,2004 c=J September 21, 2004 (Noon) September 7, 2004 c=J November 16, 2004 (Noon) November 1,2004 ("') c::> ("") -1 .r::- ::;-< ~ -<0 c: .;-) ...., c=J Administrative c=J Development Plans CD ¡-OJ - :-fl 0 NATURE OF 0 Consent Agenda 0 New Business 0:> 2-< AGENDA ITEM D [8J ....... :;z: Public Hearing Legal v 0)-1 :x -0 c=J Bids 0 UnfInished Business O:z: ~ ., .,ro c=J AIlllouncement 0 Presentation !'V -rrt ("")þ c=J '.11 fT1("") City Manager's Report ::r: RECOMMENDATION: Please place this request on the September 7,2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this request under Legal, Ordinance - First Reading on August 17, 2004. For further details pertaining to the request, see attached Department of Development Memorandum PZ 04- 185. EXPLANATION: PROJECT: Boynton Lakes (ABAN 04-006) (Boswell Place) AGENT: Kristen Conti/Jeannie Heavilin OWNER: Sara L. Valashinas LOCATION: 3 Boswell Place DESCRIPTION: Request for abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat. No.2. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: N/A Develo City Manager's Signature ÞL Planning and Zonin irector City Attorney / Finance / Human Resources S :\Planning\SHARED\ WP\PROJECTS ynton Lakes\ABAN 04-o06\Agenda Item Request Boynton Lakes ABAN 04-006 2ndreading 9-7-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM_DOC 1 ORDINANCE NO. 04- 070 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A PORTION OF A UTILITY EASEMENT LOCATED 6 ON LOT 3 OF BLOCK 26, BOYNTON LAKES PLAT 7 NO. 2 (ABAN 04-006); AUTHORIZING THE CITY 8 MANAGER TO EXECUTE A DISCLAIMER, WillCH 9 SHALL BE RECORDED WITH TillS ORDINANCE IN 10 THE PUBUC RECORDS OF PALM BEACH COUNTY, 11 FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 \VHEREAS, Sara L Valashinas, through her agents, Kristen Conti and Jeannie 15 eavilin, is requesting abandonment of a portion of a utility easement located on Lot 3 of 16 lock 26, Boynton Lakes Plat No.2; and 17 18 WHEREAS, comments have been solicited from the appropriate City Departments, 19 nd public hearings have been held before the City's Planning and Development Board, and 20 e City Commission on the proposed abandonment; and 21 22 WHEREAS, staff has determined that the utility easement provides no public .23 ervice; and °4 J NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 HE CITY OF BOYNTON BEACH, FLORIDA THAT: 27 28 Section 1. The foregoing Whereas clauses are true and correct and incorporated 29 erein by this reference. 30 31 Section 2. The City Commission of the City of Boynton Beach, Florida, does 32 ereby abandon a portion of a portion of a utility easement located on Lot 3 of Block 26, 33 oynton Lakes Plat No.2, and more particularly described in the attached Exhibit "A." A 34 cation map is attached hereto as Exhibit "B." 35 36 Section 3. The City Manager is hereby authorized and directed to execute the 37 ttached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 38 ecords of Palm Beach County, Florida. 39 40 Section 4. This Ordinance shall take effect immediately upon passage. 41 42 FIRST READING this J.:L day of A~U.~T ,2004. 43 44 :\CA\OrdinanceslAbandonmentslAbandonement -Boynton Lakes 04-006,doc 1 SECOND, FINAL READING AND PASSAGE THIS _day of 2 3 ,2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 '14 ity Clerk S 26 27 :\CA\OrdinanceslAbandonrœntslAbandonement -Boynton Lakes 04-006.doc 1 2 3 4 EXHIBIT" A" 5 6 Utility Easement to be abandoned, the west 2.3 feet of the east 6.5 feet Lot 7 3, Block 26, Boynton Lakes Plat No.2, as recorded in Plat Book 46, Page 8 138, of the Public Records of Palm Beach County, Florida. 9 10 The existing utility easement as recorded in the memorandum of 11 abandonment and relocation of utility easements, in Official Record Book 12 5466, Page 641, of the Public Records of Palm Beach County, Florida. 13 Said easement being a portion of Lot 3, Block 26, Boynton Lakes Plat No. 14 2, as recorded in Plat Book 46, Page 138, of the Public Records of Palm 15 Beach County, Florida. 16 S:\CA\Ordinances\Abandonments\Abandonement -Boynton lakes 04-006.doc ... "-Y I I I L ~ - - 1 in, = 100.0 feet , BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT "Aft 1 2 3 DISCLAIMER 4 5 KNOW ALL l\-IEN BY THESE PRESENTS that the City of Boynton Beach, 6 Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon 7 a portion a utility easement located on Lot 3 of Block 26, Boynton Lakes Plat No.2, and 8 more particularly described in the attached Exhibit "A". 9 IN 'WITNESS WHEREOF, the duly authorized officers of the City of Boynton 10 Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ 11 day of September, 2004. 12 13 A TIEST: CITY OF BOYNTON BEACH, FLORIDA 14 '5 Janet Prainito Kurt Bressner, City Manager .6 City Clerk 17 18 STATE OF FLORIDA ) 19 )ss: 20 COUNTY OF PALM BEACH ) 21 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 22 Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 23 Florida, known to me to be the persons described in and who executed the foregoing 24 instrument, and acknowledged the execution thereof to be their free hand and deed as 25 such officers, for the uses and purposes mentioned therein; that they affixed thereto the 26 official seal of said corporation; and that said instrument is the act and deed of said 27 corporation, 28 WITNESS my hand and official seal in the said State and County this _ day of 29 September, 2004. 30 NOT AR Y PUBUC, State of Florida My Commission Expires: S:\CAlOrdinanceslAbandonmentslAbandonement -Boynton Lakes 04-006,doc 1 2 3 4 EXlllBIT "A" 5 6 Utility Easement to be abandoned, the west 2.3 feet of the east 6.5 feet Lot 7 3, Block 26, Boynton Lakes Plat No.2, as recorded in Plat Book 46, Page 8 138, of the PubJic Records of Palm Beach County, Florida. 9 10 The existing utility easement as recorded in the memorandum of 11 abandonment and relocation of utility easements, in Official Record Book 12 5466, Page 641, of the Public Records of Palm Beach County, Florida. 13 Said easement being a portion of Lot 3, Block 26, Boynton Lakes Plat No, 14 2, as recorded in Plat Book 46, Page 138, of the Public Records of Palm 15 Beach County, Florida. 16 S:\CA\OrdinanceslAbandonmentslAbandonement -Boynlon lakes 04-OO6.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04-185 TO: Chairman and Members Planning and Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Maxlme Ducoste-A. ~ Planner .- DATE: July 21, 2004 SUBJECT: Boynton Lakes Plat No. 2- Abandonment of a portion of a utility easement ABAN 04-006 NATURE OF REQUEST: This request to abandon a portion of a utility easement was submitted on June 22, 2004. The applicant, KrIsten Conti and Jeannie Heavllln, agent for Sara L. Valashlnas, Is requesting to abandon 2.3 feet of the ~11ty easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. It Is described as follows: 7ñe west 2.3 feet of the east 6.5 feet of Lot ~ Block 26, Boynton Lakes Plat No.2, as recorded In Plat Book 46, Page 26, of the public records of Palm Beach County, Rorida. 1ñe location map attached as exhibit "A" shows the general vldnlty of the portion of the utility easement to be abandoned. The attached Exhlblt"B"- shows the location of the proposed abandonment and Its legal desa1ptlon. The following Is a description of the zoning districts and land uses of the properties that sUlTOund the subject easement. (see exhibit "A" - location Map) North: Single-family detached zero lot line homes (Boynton Lakes PUD); South: Single-family detached zero lot line homes (Boynton Lakes PUD); East: Right-of-way for Boynton Lakes Boulevard; and farther east Boynton Lakes PUD Plat No.3; West: Right-of-way for Boswell Place; and farther west single-family detached zero lot line homes (Boynton Lakes PUD). BACKGROUND: - When the Plat of Boynton Lakes Plat No.2 was approved It Indueled a twelve (12) foot utility easement 'C8ted along Tract -F", which abuts Boynton Lakes Boulevard. That entire easement was located at the .ear of the subjeà lot. On July 21, 1987, The aty approved the abandonment of the twelve (12) foot easement and subsequently a replacement was provided. The replacement utility easement encompasses Page 2 Memorandum No. PZ 04-185 ABAN 0+006 easterly 6.S feet of the subject property and westerly 6.5 feet on Tract "F". A screen porch was built with permits In 1994 and encroaches within the 6.S-foot utility easement located on the subject property. The abandonment of the western 2.3 feet will resolve the porch enaoachment and the porch will comply with the 3.5-foot rear setback. According to the applicant, the entire 6.S-foot utility easement located on the subject property Is not being utilized by any utility companies (see exhibit "81" - Applicant Justlftcatlon). ANALYSIS: Pursuant to Chapter 22, ArtIde III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised In the newspaper. A summary of the responses from the utility companies and city staff Is as follows: The following responses were received from the affected parties: C11Y DEPARTMENTS Engineering - No objection UtIlities . - No objection Planning and Zoning - No objection PUBUC UTILITY COMPANIES florida Power and Ught - No objection Bell, South - No objection Rorlda Public Utilities Company - No objection Cable Company (Adelphla) - No objection Cable Company (Comcast) - N/A RECOMMENDATION: Staff recommends that this request to abandon the west 2.3 feet of the east 6.5 feet of Lot 3, Block 26, Boynton Lakes Plat No.2, and as desa1bed above be approved. No conditions of approval are recommended. This recommendation Is based on staff's finding that the utility easement selVes no public purpose. Any conditions recommended by the Planning and Development Board or required by the Oty Commission will be placed In exhibit "C" - Conditions of Approval. xc: Central Rle S:~\WP\,PROJECI'S\N\ABAH 02-oG2\St8If R.eport.doc - · 110. = 100.0 feet BOYNTON LAKES PLAT # 2 LOCATION MAP EXHIBIT wAn .r ,- EXHIBIT "B" o!OHøh M:. Tucker. P.L-S. ' SURVEYORS IfMItICaAM' IUIW'I .' IØl!lnUllIUfWI 00NSTRUC110N tAY'e . 310 S.OUTH FEDERAL HIGHWAY· P.O. BOX 759· BOYNTON BEACH, FLORIDA 33425 BOYNTON BEACH Phone (581) 7S7-8548 · Fmç (681) 7S<4-~ , \ . - ,"",pO BOYNTON LAØS PLAT NO.2 LOT 3~ BLOCK 26 2.3 FOOT EASEMENT TO BE ABANDONED '.. . . _0_ >- _ ____p ø_. .. -. . - .... _.~ . P. __.'~ .. EASEMENT TO BE ABANDONED, THE WBST2.~ FEET OF nm BAST 6.5 FEET OF nIB UTll.JTYEASEMENT ASRECORDBDINTHBMEMO~OF ABANDONMENT AND i RBLOCATION OF UTU.JTYSASBMBNTS, IN OFFICIALRBCORD BOOK 5466, PAGE 641, OF THB PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA SAID EASEMENT BEING A PORTION OF LOT 3, BLOCK 26, BOYNTON LAKES PLAT NO 2, AS RECORDED IN PLAT BOOK 46, PAGE 26, OF mE PUBUC MCORDS OF PALM BEACH COUNTY, FLORIDA :._____ .._........ __..__ . . . . h__ :-- - - - - ---- - ---...--- p~ ._- - . .- ":---- .-----. - .--. '.' .' . . CERTIFICATION . _ ~..: -:. I HEREBY CERTIFY 1HAT THB DESCRIP110N AND . ATTACHED. SKETCH OF 'DESCRlPTION WmŒ . ..:..-:., PREPARED IN ÂCCORDANCB WJ.1H 'fIJÈ SURVEYING STANDARDS, CHAPTER 610176, FLORIDA . " . ".' ADMINIS1RAl1ONCODE, SET FOURM BY mEFLORJDABOARD OFPROFESSlONALSURVEYORS AND : ~, . .....:. MÁP.PERS,PURSUANT TO SECTION 472.027, FLORIDA STA1Ul'ES, AND IS 'IRUijAND CORRECT TO nIB ..' ~ ~":..". BEST OF MY KNOWLF.DOB AND BEL1EF, UNLES~ lTBBARS nm SIGNATURBAND 11m ORIGINAL RAISED ".' . SEAL OF A FLORIDA UCENSBD SURVEYORAND MAPPER. TInS DRAWING, 8lW"1uJ, PlÂT OR MAP IS FOR INFO 110NPURPoSESONLY ANDIS NOT VALID. ..., ~ . . :, . '. NOTE; TInS IS NOT A SKBTCH OF SURVBY,~ ONLY LB 2102 Joe Tucker A GRAPHIC DEPICTION OF mBDBSCRIPTI . OWN HEREON, nmRBHAS BBBNNO FIFlD WORK 0 ~:~ ooNNBCrtONwrm:nmPRBPARAttoN OF~:: ..' INFORMATION SHOWNHBRBON. . NOm; LANDS SHoWNHBRBONWERBNOT ~CTBD 2" 8.E.13AD AVENUE ptIonI: (581) 391.œ8 FORRIGHTS OFWAYSBASHMENTS OFRBSBRV4'(föNS Boca P.o.8OX7IiI BQynIon (581)73H548 OPRECORD '. . '. . 8OYN1OH BEACH, R.ORÐA 33435 F~ . (681) 734-7648 ., ..... .. -- . ¡.: ". EXHIBIT "8" .'" M. Tu~er. P.LS: SURVEYORS 80UHMIW IUIWIYI .. . MOIn'IIAeI! 8UIWIYI CONSTRUCTION IA yOU' 219 S.E. 23rd STREET· P.O. BOX 759· BOYNTON BJ:ACH, FLORIDA 33435 BOYNTON BEACH Phone (561) 737-6546 · Fax (561) 734·7546 . J' t) ]Z' .' ~ .._....~ . . :s;. . IS -:> ~ I Þ'? . '2. ~ Þ..9 . r/' ZJ'c¡) .~ . .",'-, - -. ".-- .. '. ~ /w"",ev;"'''''..:?¥?/¥"r7_ S:''':;1 S) ~ - ~ .::/ :f:/Ii'£L '-... . - .-..: /.. -' . J . ~ ~ """" ..:' -"'.. -.... "". ~' . ~ " . . ,- "'- --- -~- - - . *V) '. ct\'. ~ '" ,000£ l' H~~4~'O .$ " ~ 3 ~ ~ _ __ 1 N. ~ .-- -~ l{~- ...~ ~ .~ . -f: 1 .n~ : . ~~ ~~.~: C)~'tS ~~~: ~. \¡ ~ j'' Š) ~ ~ l( ~ ~ . ~ 0 ~ ~; Ìt}. ~ ~ ~ ~:31 ~ .~ ; ~~~ '., ~ *0\1 - __~) ® ;' '"" ~ 10 ~I '-- >'-- ... 5 ' ..; ~~. . 9 i)j~ ~ ~ , ~ I ~ ~ ~ ' ~ ~ ~ ~ ~ . I . ~~:. .~ co ~ -:. ~ I ~ g ~ ~ z '.' 'D. ~ a;' , ~ . ~. . :~. ~.. I~" ð E- ~ . ' " w ~ ,072:''': I I' i """ ~ .~ ". fJ/··'·· ~... i :. ~#. -.' t ~ '. .. ¡p.. ... 0'" . ,,~ \0 .~ . '..;-.::::..;.....':,. b(} ~ ~ I - <:) ..... _ .... ... ...-4". ~ ~ ~ ~ m ~ . ~...:.,. . ,. , ~ cñ I r .00 I"'! ' I-'l" Iì;.f' ~ ~tc' 'U ! ~" Z " ef - '. ::> ~~ / ~ ~~ a.. , ~ / / ¡ '. . "- ~~ ;' / 3J\f1d. i~t~ ~ . .~ 0. ..#II.. AIfI"~ ~ ~.; ~ ~. 113MS08 ¡ ! i ~ ." ~~¡ ~. ~. 1 ~ ~ A4 . :<t: ~~. 'to- ~ .. ~~" ~. , .....,.< ~ ~~ ,. ..' . ..."' (l ". ...-,- -- . , .... .. .. --. ..... - - - _..~. ... . J. ... . ..- . EXHIBIT "B 1" r"-, (\ . APPLICANT JUSTtFlCATIO ~ , TO ABANDON~ETIIJON OF SA~ L. VALASHINAS The legal description of the subject lot is the following: Lot 3, Block 26, Boynton Lakes Plat No.2, according to the Plat thereof. recorded in Plat Book 46, Page 148 of the Public Records of Palm Beach County, FI. (a copy of the plat and survey af'9 submitted herewith) The utility easement that is the s~bject of this Abandonment Application was created by the above referenced plat over the rear of the subject lot, specifically, the easement as originally created was the East 12 feet of Lot 3, Block 26, Boynton Lakes Plat No.2. The City adopted Resolution 87- YY on July 23, 1987. This Resolution by its terms abandoned the entire 12' easement. Please see exhibit A to the Resolution 87- YY Page 4 of4 and you will see that the ~ird legal description from the bottom of this page is rrhe East 12 feet of Lot 3, Block 26 of said plat: Boynton Lak~s Plat No.2 (P.U.D.)" , . However, the City approximately 3 months after the adoption of Resolution 87- YY required the developer, Lennar Homes, Inc., to record,a Memorandum of Abandonment and Relocation of Utility Easements dated October 29, 1987 which reestablished the easement to be the East 6.5 feet of Lot 3, Block 26. In 1994 the City issued a permit to construct a roofed 'Screened in porch to the rear of the subject property and issued a final inspecti~n approving its construction. The porch encroaches 2.2 feet into the remaining easement. The abandonment request is to abandon an additional 2.3 feet of the remaining easement to cure the encroachment. This would leave the oriminal easement width at. 4.2 feet 1 (howevèr, see below, remaining easement area is actually 10.7 feet). It Is respectfully requested that the legal description for the abandonment be the following: '7he West 7.8 feet of the East 12 feet of Lot 3 Block 26 Boynton Lakes Plat No.2, acèording to the Plat thereof, recorded' in Plat Book 46, Page 148" , ·t. The actual width of the remaining easement is 10.7 feet because in the Memorandum of Abandonment and Relocation of UtIlity Easements thEtre was an additional 6.5 foot In width (length-200 feet) easement created behind Lots 2-5, inclusive, of Block 26~ The legal description for this additional easement area Is on the last page of the forgoing Memorandum and Is the last legal description on that page. Please find attached hereto a Special Purpose Survey done by Richard L Shephard ånd Associates dated 6/21104 that shows graphically this addttlullál ð.51'v.A "aa",,¡em area totether vvII\ the. lee"· de..8FiptiQR (~llalIO ,Þowr:I 01' tJ1$ '-- survey submitted herewith). This additional easemel1t area Is not part of the Iota referred to, It Is behind and abuts the lots. EXHIBIT "C" Conditions of Approval Project name: Boynton Lakes Plat No.2 File number: ABAN 04-006 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PRIVATE UTILITIES Comments: 4. Adelphia: None. X 5. Florida Power & Light: None. X 6. Florida Public Utilities Company: None. X 7, Bellsouth: None. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:lPlaoolnglSHAREDlWPlPROJECTSIBoynlon LakeslABAN O4-OO6\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Lakes Plat No.2 Abandonment ~PPLlCANT'S AGENT: Kristen Conti - Jeannie Heavilin APPLICANT'S ADDRESS: 530 East Ocean Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 3,2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No.2. LOCATION OF PROPERTY: 3 Boswell Place, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above, The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested, 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof, - DENIED 5, This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk ~annlng\SHARED\WP\PROJECTS\Boynton Lakes\ABAN O4-OO6\DO,doc XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.S AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D October 5,2004 (Noon) September 20,2004 D August 17, 2004 (Noon) August 2, 2004 D October 19,2004 (Noon) October 4,2004 [8] September 7, 2004 (Noon) August 16,2004 D November 3, 2004 (Noon) October 18,2004 D September 21, 2004 (Noon) September 7,2004 D November 16, 2004 (Noon) November 1,2004 ("") c:::> ("')-1 D D .¡:- :4-< Administrative Development Plans :PO -<0 D D c:: c?...., NATURE OF Consent Agenda New Business G"> :-CP AGENDA ITEM D . Public Hearing [8] - -,-¡ 0 Legal CP -'J-< ;i'Ç :% D Bids D UnfInished Business -0 .;~-I :x .~ 0 D D 0:% Announcement Presentation ~ ""'0' D City Manager's Report ~¡-r\ N (}3> c..n ~("") ::c RECOMMENDATION: Please place this request on the September 7, 2004 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved unanimously this item under Legal, Ordinance First Reading on August 17, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-162. EXPLANATION: PROJECT: Urban Parking Requirements - Mixed Use (CDRV 04-007) AGENT: Michael S. Weiner, Weiner & Aronson, P.A. DESCRIPTION: Request to amend Chapter 2, Zoning, Section II.H reducing parking ratios for multi- family, hotel, and marina uses in mixed-use projects within the CBD zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A ~f1¿~ ~ Deve opme t Departmen DlIector It)' anager sIgnature µ¿ Planning and Zonin irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\SPECPRO DE REVIEw\CDRV 04-007 Parking MU\Agenda Item Request Urban Pking Require, mixed use CDRV 04-007 2ndt reading 9-7-04.doc S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 004- Ô -7 , 2 3 4 AN ORDINANCE OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 6 CHAPTER 2, "ZONING," OF THE BOYNTON BEACH 7 LAND DEVELOPMENT REGULATIONS, SECTION II.H., 8 "PROVISION OF OFF-STREET PARKING SPACES," 9 PROVIDING FOR A REDUCTION IN PARKING 10 REQUIREMENTS FOR MIXED USE DEVELOPMENT IN 11 THE DOWNTOWN MIXED USE - HIGH INTENSITY 12 DISTRICT, FOR CERTAIN REDEVELOPMENT IN THE 13 CENTRAL BUSINESS DISTRICT, AND FOR CERTAIN 14 REDEVELOPMENT ON PROPERTY ABU1TING OCEAN 15 A VENUE FROM THE CBD BOUNDARY WEST TO 16 SEA CREST BOULEVARD; PROVIDING FOR 17 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 18 EFFECTIVE DATE. 19 20 WHEREAS, parking requirements are set forth in the City of Boynton Beach Land 21 evelopment Regulations, Chapter 2, Section II.H., where minimum parking requirements 22 e set forth in various uses; and 23 WHEREAS, to promote the redevelopment of the downtown area in a manner 24 onsistent with other urban areas, staff recommends an amendment to the City's zoning code 25 o amend certain sections of the Land Development Regulations to provide for minimum 26 arking requirements applicable specifically in the Mixed Use - High Intensity (MU-H) 27 istrict, the Central Business District (CBD), and areas located downtown; and 28 WHEREAS, staff's recommendation is to amend the parking requirements to 29 rovide for a reduction in the amount of parking spaces for mixed use developments in MU- 30 districts and to provide incentives for the rehabilitation or renovation ("adaptive re-use") of 31 xisting buildings and structures within the CBD and located on property abutting specified 32 ortions of Ocean A venue near the downtown area; and 33 WHEREAS, separate parking standards in the downtown is expected to assist in 34 rban redevelopment efforts, assist in the adaptive re-use and expansion of older structures in 35 e downtown area, and enhance and revitalize the Central Business District (CBD) and 36 cean A venue downtown corridor; and :\CA\Ordinances\LDR Changes\Parking Requirements (Urban)1_doc 1 WHEREAS, upon recommendation of staff, the City Commission of the City of 2 oynton Beach has deemed it to be in the best interests of the citizens and residents of the 3 ity of Boynton Beach to amend the City's Land Development Regulations in this manner; 4 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. The foregoing whereas clauses are true and correct and are now ratified 7 nd confinned by the City Commission. 8 Section 2. That Chapter 2, "Zoning," Section 11, "Supplemental Regulations," 9 ubsection H, "Provision of Off-Street Parking Spaces" is hereby amended by adding the 10 ords and figures in underlined type and by deleting the words and figures in struck-through 11 ype, as follows: 12 H. PROVISION OF OFF-STREET PARKING SPACES. 13 14 16, Except as provided in Subsection 1.(4) below, there shall be provided, 15 at the time of the erection of any structure or establishment of any use, a number of 16 off-street parking spaces in accordance with the fol1owing minimum requirements, 17 and subject to paragraphs 1 through 15 of this subsection, Where a structure or use is 18 enlarged or increased in capacity by any means, including a change in building 19 occupancy which requires the provision of additional parking spaces, or a change in 20 use to or structure which requires additional parking spaces, the minimum number of 21 parking spaces shall be computed by applying these requirements to the entire 22 structure or use. 23 24 a. Dwellings, lodging and other buildings for habitation: 25 26 ... 27 28 h. Downtown parking requirements: 29 30 (1) For purposes of this subsection, the following definitions shall be 31 applicable: 32 33 1. Mixed-use develovment means a combination of two or more 34 uses on a single parcel, tract, or development pod, In the 35 Mixed Use - High Intensitv (MU-H) district, a mixed use 36 development is limìted to a structure or series of structures 37 containing retail. office, and residential uses, arranged 38 vertically. 39 40 11. Parkin~ structure means a structure or portion thereof 41 composed of one or more levels of floors used for the parking :\CA\Ordinances\LDR Changes \Parking Requirements (Urban)1.doc 1 of motor vehicles. A parkin~ structure may be fully below 2 grade or either partially or fully above grade with floors or 3 levels bein~ either open or enclosed 4 5 lll. Tandem parking means the placement of parking spaces one 6 behind the other, so that the space nearest the driveway. aisle, 7 or street access serves as the only means of access to the other 8 space, 9 10 IV. Wrapped parkin!! structure means a parking structure that is 11 enveloped with habitable or leaseable space to dis~uise the 12 actual function of the structure. A fully wrapped parking 13 structure is one in which the gara~e component, other than the 14 access drive, cannot be seen from any elevation. A partially 15 wrapped parkin~ structure IS one In which the ~ara~e 16 component extends above the habitable or leaseable space and 17 can be seen from one or more elevations. 18 19 (2) For parcels of land zoned Mixed Use - High Intensity (MU-H). the 20 followin~ minimum parking requirements shall be applicable to mixed 21 use developments: 22 23 1. Residential dwelling units: 1.33 parkin/! spaces for each one (1) 24 bedroom unit and 1.66 parking spaces for each two (2) or more 25 bedroom unit 26 27 n. Hotel: One (1) parkin~ space for each hotel unit 28 29 lll. Non-residential: For the non-residential components of a mixed 30 use proiect, parkin~ shall be calculated at a minimum of one 31 (1) parkin~ space for each 200 square feet of gross leaseable 32 floor area. 33 34 IV. Tandem parking shall be permitted subiect to all of the 35 following guidelines and requirements: 36 37 (A) The tandem parking is for residential and valet purposes 38 only, and may not be utilized for more than 25% of the 39 required parking 40 41 æ) The parkin~ structure must be a partially or fully 42 wrapped parking structure. 43 44 (C) IT located on surface parking. the perimeter buffer or 45 interior lot landscaping requirements shall be improved 46 by a minimum of fifty (50%) percent. :\CA\Ordinances\LDR Changes\Parking Requirements (Urban)1.doc 1 2 3 (3) For parcels of land within the Central Business District (CBD) or 4 subsequent zoning districts established to supplement or replace the 5 CBD, and any parcel or parcels of land assembled by unity of title 6 that front on that segment of Ocean A venue extending west from the 7 CBD to Seacrest Boulevard, no additional parking shall be reQuired 8 where: 9 10 (i) the structure is enlarged in a manner not exceeding 100% of 11 the gross floor area; or 12 13 (ii) the capacity of the structure is increased by adding dwelling 14 units, floor area, or seats: or 15 16 (iii) the use of a structure is changed. 17 18 The following uses are exempt from the provisions of subsection (3) 19 and shall be otherwise reQuired to satisfy the parking requirements of 20 section II.H of this chapter: 21 22 (i) Multi-family residential uses and structures. 23 (ii) Churches, temples, and other places of worship. 24 (iii) Theaters, auditoriums, meeting halls, and other places of 25 assembly. 26 (iv) Clubs, lodges, and fraternal organizations, 27 28 Section 3. Each and every other provision of the Land Development Regulations 29 ot herein specifically amended, shall remain in full force and effect as originally adopted, 30 Section 4. All laws and ordinances applying to the City of Boynton Beach in 31 onflict with any provisions of this ordinance are hereby repealed, 32 Section 5. Should any section or provision of this Ordinance or any portion 33 hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 34 feet the remainder of this Ordinance. 35 Section 6. Authority is hereby given to codify this Ordinance. 36 Section 7. This Ordinance shall become effective immediately. 37 FIRST READING this ÍÌ- day of August, 2004. 38 :\CA\Ordinances\LDR Changes\Parking Requirements (Urban)1_doc 1 SECOND, FINAL READING AND PASSAGE this _ day of September, 2004. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 TrEST: 21 22 23 ity Clerk 24 25 26 27 :\CA\Ordinances\lDR Changes\Parking Requirements {Urban)1.doc DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 04·162 TO: Chair and Members Community Redevelopment Agency 'f)M: Michael RumpM6~ Planning and Zoning Director DATE: July 6, 2004 SUBJECT: CODE REVIEW (Urban Parking Regulations) (CORV 04-007) NATURE OF REQUEST & SUMMARY , , Michael Weiner of Weiner & Aronson Is requesting a code review of existing City parking regulations as they retate to downtown projects. Staff has been contemplating various amendments to the City's parking regulations Intended, in part, to create sepamte standards for parking In the downtown, more In line with the codes of other cities facilitating urban redevelopment, and In part to assist with the adaptive re-use and expansion of older structures In the downtown. In an effort to enhance and revitalize the Central Business District (CBD), The request on the part of Mr. Weiner appears timely, considering Internal dIscussIons at the staff level, and wan-ants further explomtlon and discussion. Staff concludes the amendments to the parking code for reduction In the amount of required spaces for residential units, hotel units, and non- residential uses within mlxed-use projects and the Incentives for adaptive re-use of some of the older building stock (outlined In, Items 1 - 4 below) are logical steps and valuable tools In the redevelopment of downtown. Therefore. Staff recommends amendments 1 - 4 to the parking code be approved with staff comments and conditions. BACKGROUND C "nt parking regulations are found within the land Development Regulations, Chapter 2, Section 11H. &.. , regulations have been in place for many years and establish minimum parking requirements relative to various uses. like many of the older codes In South Florida, these regulations were based upon a car dependant, suburban lifestyle. The current trend in an ever-increaslng urban South Florida, is to create a parking code reflective of the urban lifestyle associated with redeveloping downtowns. With the implementation of mlxed-use developments where Individuals can live, work and play within a consolidated project or within walking distance to various amenities such as dining, shopping and employment centers. the 1eaVY reliancø upon the automobile has been greatly reduced. Added to the fact mass transit has Improved In nany downtowns. Boynton included. with the interconnectivity between the Palm Tmn bus service and Tri ùll. our Shopper Hopper service and the proposed busltrolley system planned for the CRA. the absolute 1eed for each and every resident or visitor to the downtown to own a vehicle is diminished. Also, the typical >ccupants of an urban mlxed-use development do not have two kids living at home.. of driving age. and with :atS of their own, as Is commonplace l':l our suburban subdMslons. While there are working couples with two 'ehlcles, there are also retired couples with only one car, who buy a two bedroom unit to accommodate rtends or relatives when they come to visit. There is the single individual who purchases a two bedroom unit 11 order to have a home office. The demand for two (2) parking spaces for all units containing two (2) or more Þedrooms and 1.5 spaces for one bedroom units (current Boynton code) Is just not the same In an urban nlxed-usë setting as It Is In suburbia. \!though not a part of the request from the applicant. staff undertook a review of non-resldentlal uses within a 1fxed-use project, and found much of the same logic Imparted above applies. Living In a mlxed-use project or lowntown decreases the need to drive an automobile to accomplish every task. An IndMdual could walk or Ike to convenience shopping, dine out or access services, Ie. bank. dry cleaners, travel agency, salon, etc. 'he Internal capture of those pedestrian trips slightly reduces the need for excessive parking requirements 'P'~ -'V found at shopping centers and malls that are not located within reasonable walking distance to Iu.. ad residential. CUrrent City codes require 1 pal1dng space for each 200 square feet of retail, 1 for each 00 square feet of office, 1 for ea~ 100 square feet of restaurant and 1.25 for each hotel room. Shopping Page 2 Memorandum No. PZ 04-162 Urban Parking Regulations centers, which can have a mix of retail, office and restaurant, may be calculated at 1 parking space for each 200 square feet of gross leasable floor area, under cUfT6nt City regulations. nddltlonally, as part of staff's overall review of parking in urban areas, and looking at the adaptive re-use and expansion of some of the older building stock in the Central Business District (CBD), a reconsideration of parking requirements may be warranted based upon clty-owned public parking, transit possibilities and higher density residential beIng constructed within the immediate vicinity, once again reducing potential demand for additional on-site parkIng, ðNAL YSIS The applicant, Michael WeIner of Weiner & Aronson. has submitted suggested amendments to our existing parking regulations and a comparative analysis of parking rates being utilized In downtowns and city centers In Palm Beach. Broward and Dade counties. The proposed amendments are listed and described In exhibit -K. The Comparative Analysis is attached as Exhibit "B". For comparative purposes, the cun-ent parking code has been Included within Exhibit C. Noteworthy features of the amendments proposed by the applicant are described as follows: 1) Provide for an exception to standard parking calculations for the Mixed-Use High (MU-H) zoning district, which would reduce the parking requirement In Multi-family residential projects for studio or 1 bedroom unit from 1.5 parking spaces to 1.33 for each such unit. Reduce the requirement for 2+ bedroom units from 2 parking spaces to 1,66 for each unit. Reduce the parkIng requirement for Hotel from 1.25 parking spaces per each bedroom to 1.0 parking space for each unit; and 2) Allow for up to 25% of the required number of parking spaces to be provided In tandem configuration. t has reviewed the comparative analysis provided by the applicant, which details the Urban Parking Codes within four (4) downtowns or City Center Districts, including Boynton Beach (Exhibit B). A quick comparison depicts the Boynton Beach regulations as requiring the highest amount of parking for residential uses. As .stated earlier, our current code does not differentiate between urban and suburban projects. Boynton Beach requires 1.5 spaces for a 1 BR unIt, West Palm Beach 1.25, Plantation 1.33, and Kendall 1.0. For a 2+ BR unit. Boynton Beach requires 2 spaces, West Palm Beach 1.5. Plantation 1.66, and Kendall 1.0. The applicant has suggested the City adopt the 1.33 parking spaces for each 1 BR unit and 1.66 for each 2+ BR unit. staff agrees that our code should differentiate between urban and suburban parking calculations to assist in the revitalization of the downtown. The $uggested 1.33 and 1.66 figures would appear to provide the necessary parking (minor reduction over our current regulations). However staff would condition that amendment to be applicable only to those Mixed-Use projects in the downtown, In an effort to encourage mlxed-use projects and since the overtap of the various uses within a Mixed-Use project typically have different peak parking ooeds and provide for more Internal capture of patrons already on the premises, thereby reducing the need For vehicular trips and attendant parking spaces. Hotel parking Is currently based upon 1.25 parking spaces U each bedroom within the hotel unit. Within a Mixed-Use project. a parking ratio of 1 space for each hotel .lnit would appear to make sense. Figuring that seldom does a hotel guest or guests In a single room have nore than one car and taking into account a standard vacancy factor, this should stili provide adequate Jarklng for hotel guests and staff. !"he request to consider allowing up to 25% of the required parking spaces to be provided in tandem parking IORfiguratlon appears logical tn an effort to maximize parking and efficfency In site design. Staff would ecommend the adoption of such regulations, wtth the following conditions: 1) only up to 25% of the required I8I'kIng. 2) this regulation be allowed within parking structures that are partially or entirely wrapped with other ISP'" ~) this regulation be allowed for residential and valet uses only, and 4) may only be uUllzed outside of a a J structure If for residential and/or valet uses and only If the uUllzatlon of tandem partdng results In the 1Inlmum perimeter buffer or Interior landscaping requirements being Improved by at least 50%. Page 3 Memorandum No. PZ 04-162 Urban Parking Regulations Jitlonally, Staff Is recommending companion modifications to an Urban Parking Code, separate and apart from those proposed by the applicant, as detailed In Items 3 and 4 below: 3) Mixed-Use projects, for all the reasons stated above Involving their operational characteristics, warrant consideration of parking reductions for those type of retail, office and restaurant uses assoclated with residential projects, Shopping centers, which can have a mix of retail, office and restaurant uses, may be calculated at 1 parking space for each 200 square feet of gross leasable floor area, under current City regulations, The same consideration should be made for Mixed-Use projects that are predominantly residential In nature; and 4) In an effort to assist In the adaptive re-use and expansIon of existing structures In the Central Business District (CBD). Staff Is recommending that off-street parking facilities (or additional spaces) should not be required, when an existing building Is enlarged by up to one hundred (100) percent of the square footage of the existing structure or Increased In capacity by adding dwelling units, floor area or seats, or where the use of a given structure is changed, provided such building or structure Is located within the CBD or subsequent zoning districts establishe~ to supplement or replace the CBD. and properties. and property assembled with properties as one site, that front on that segment of Ocean Avenue extendIng west from the CBD to Sea crest Boulevard. Exempted from utilization of this provision are existing multi-family uses and structures and places of assembly (ie. auditoriums. meeting rooms, places of worship, and clubs, lodges and fraternal organizations), which ten~ to be parking Intensive uses. r ')MMENDÂTION &....... recommends that the proposed amendments to Chapter 2, Section 11 H of the City's land Development Regulations. as described above in Items 1 - 4 and containIng staff conditions, be approved. Attachments J:\SHRDATA\Plannlna\SHARÈO\WP\PROJECTS\CODE REVlEW\Urban Parking Reøulatlons\Urban Parklna ReaulaUons-staff ReDort .doc - - . --.--.- . - . , V'....~ .. . v : EXH IBIT "A'f . . Pronosed Bondon Beach Co~e Amendment for ~tbaJ1 Parkbt,; St!ndard Chapter 2 ZONING · . . See. 6 Commercial district 1"egtrJations and use provisions · . . F. MIXED USE ZONING DISTRICTS · . . 9. Parking Requirements. Parking requirements fol' both the MU-H and MU- L zoning districts shell be as set forth by Chapter 2, Section JIH, of the Land Development Code~ except tlJat the following rates shlØ supersede the requirements of Çhapter 2. Section 11H for nûxed use proiects in the MU..H zoning district as follows: Use Parkbu! Standard fd.,nltifamilv Residenti,1 Studio or 1 bedroom 1.3~ spaces per unit 2+ bedrooms 1.66 SIJBCeS per unit I Hotel 1.0 ~~ per key I ·note: tQJ to 2S % of the lNulred number of ~ can be provided In a tandem tonfimtration. A úndem par1.9p,R ~eé i~ de1il1ed IS two a> parkf:tJ~ ~aeéS \\1th one {ll space ¡butt",; behind ~ Qtbef1 Chapter ~ Section tII, sba1l apply omy to the MU-H zoning district. . · . . . . . . EXHIBIT "~" . . J~fiçmipn for Alternative pNldng Sta.nrlard The Applicant is requesting tha~ the City amend tþe City Code of Ordinances to proyide an. alternative parking standard. fur residentialand'botel uses. that are within urban mixed use projects in the Mixed µse - High :tOning district. The Mixed Use ..- High zoning district is intended to encourage high density ß1ixed use development in the urban oore of the City. The City land development reguJatiol1$ ourrently provid~ a parking standard for :' multifamily residential and, hotel uses that is standard throughout the City but is more representative oftbe parldng ratios oha:racteristic ofsub~ban projects. With an inoteaseä focus on the redevelopment of urban cores with integrated mixed use projects. it has become apparent that Jhe traditional suburban parking standards are no longer appropriate, for the urban mixed use form of development. The concept of successtU1 urban mixed 'use development entails the creation Qf livable communities that incorporate a pedestrian friendly design an4 enCOUI'4\ge transit use. Planning literature Indicates that the suooessfuJ implementatlon of this concept has been hindered in many places by the application of generic minimwn parking rpgulations that over emphasize paddng' areas resulting in the underotlHzation of land space to the detriment of the project and the transit end pecJestrian. oriented objectives sought to be achieved. Moreover, because of the mixed 'US natlue of such projects, the opPortunity to share spaces is present unlike suburban developments. The" typical municipal code minimum parking standard is based upon methodology that calculates the anticipated vehicle trips generated by 8- proposed use in the context of trip generation rates in suburban peak periods with ample ftee parking and with no consideration towards public transit.captured trips ot mixed use. 'P1annIng ~emios have become increasing vocal against ~s methodology as applied to the mixed-use projects expressing that in its simplioity it does not address other notable factors that affect parking. Theÿ :find that nftio analyses are statisticaUy unreUable when applied tp núxed use developments in that they do not acco1U1t for access to transit, neighborhood density and demograpNo faotors like income and age that effeot vehicle ownership. Other Florida. counties and munioipalities that have :come to 'understand that urban , parking standards should appropriatély differ from subUtban standards include the City of West Palm Beaoh. the City of Plantation and Miami-Dade County. Attached is a table that reflects the parking standards in the recently adopted mixed use urbnn ðistrlcts of those jurisdictions. The alternative pårtdng standatd fot muttif'tttt\ily residéntial and hotel proposed by the App1içant for 1he City ofBoýntout'S Mixe4 Use - Hish dis..1riot is in faot the same as the rate adopted by thè City of Plantadon for, its mixed use Plantation Midtown District last mou1h. Note. however, that the Applicant is not proposing any clumge in the appticable retail or restaurant parting standuda. . 1 i . . ..- -.....-- I EXHIB.IT "ß~ . . ..-., 'tl t I 1 I~ðá: ~a t;( ;f. ~ ~~ ð ~ ff\ "=t '+1 ~ CI) ìUi} .~ -m g. ~o ~~ 08 ~8 ~C! '41 sS ~- <;) R, t I ! \ ! ! ~ I i" Ji:~= ~I::: ..... , ~', C\ ~ oe C""IO ~ ....... C't'I ~ \0 'f\ ~ ~ ~ i ã ~~ ~(¡I') J~} . 1~ i. ~g ~~ go I ~g , , -~ - -- e "! I ~ ! I 8 ;e ¡. ä i -5 ~ 'S ¡. ë III: ~,Iði ('t'- ~ = -'~ to ~ C"\ Q m ~ -("f'"¡ ~ t--. V"'IM - \C 4) 1+-4 ~8 .§ - +'t- i ~vi 08 ti -5- ....... '8 t'Ji4 CI 0 ~ V'\-E ~tn Q 0- ~.cß! <i"1 Q-~fi ~Q -- ....:;::¡~ -- I I 41\ i 'i Ð u i 11 .= I J ~ Ia ø =¡ðl tn~ eJ\ ~ ;, ('1'\ V\ f;1 00 ~ 00 ::t -~ Q\ 00 rtI ~ I Cf4 N Ilh .~.~ g mCl ~I -~ gg i '" 10 ~ 8~~ il{ ~enð~ . . - C'( ..... ;;¡_rn '11 t ~ i ¡Ii ~ t . j j mCfi ~§ to-. Ijl~ ~~ ~ co I . '" .. , '0 .-t C't'I J~I i;! 81 !I j I ¡¡) J Uhl ! J~;!¡ I! ! ! Ulii .. fit '" . ~ EXHIBIT "C" . Zoning 61 F. SCREEN BNCLOSURES. AU screen 3. A certificate of occupancy for a e~losures (screen walls and screen root) shall comply structure or premises sl1a1l not be issued until the with bullding side yard setback. No screen enclosure required parking area has been inspected and approved sbaU be constructed closer than eight (8) feet from by the development director or his designee. rear property line and DO sçreen enclosure shall be 4. Residential driveways sþaU satisfy the constructed in front of the building line. On comer lots, propertY bordering both streets shall be parJdng space requirements for sbigle-family detached considered as front yards. dweUing units, duplexes, and multifamily dwelling units containing garages, provided such driveways are O. TOWN HOUSE. AU town house of sufficient size to meet 'the ,parkIng space developments shall conform to the district zoning and requirements of this subsection. shaD meet the following mlnhnum requirements: No 'fewer than four (4) parking spaces 5. 1. Each town house shaD hav~ its own lot shall be provided for any nonresidential use. area, each yard private and teaSOl1!kbly secluded from . view of streets' or neighboring property. 6, Stabilized sod may be substituted for up to fifty (50) per cent of the required parking spaces, 2. Each town house shall have a direct . where eighty (80) per cent 'or more of the parking automotive access from the off-street parking space to demand falls within a twenty-:four-hour period each. a public street. week. Sod may be substituted. only fot the area of parking stalls. An driveways, aisles, and 3. ~:All ou~oor, r~ yard areas used for maneuvering areas s1uØ bé Jwa.;~cêd and shall . .... dIying of clo~es shan be ~reened froJ;l1 view from con(orm ·,to the, design, ~~::CqntÀún~ in .' __ the street and from adjolnJngyards and Jots . ..'Chapter, 23, 9f _~e:<i.Çlty of: BoÿÍ1tóú. ·ae.~ Laìtd Development Regulations; Sod parking stalls shall 4. Parking space shall be provided for as have'a base consisting of not less than eight (8) Inches by Section tt-H. of stabiliied shell rock, lime rock, or sand, or an I H. PROVISION OF OFF-STREET PARKING I equivalent material as approved by the developmen.t director. Sod parking areas shaH have diuiensions equivalent to the dimensions of paved parking areas SPACES. with ninety (90) degree parking stalls and two--way 1. All off-street parking areas shall traffic in aisles, as specified in Chapter 23 of the City conform to the design and layout requirements of of Boynton Beach Land Development Regulations. Chapter 23 of the City of Boynton Beach Land Development Regulations, and shall be approved 7. Parking space requirements shall be according to the procedures contained. therein, computed on the basis of the principal use of a structure or lot, and using gross floor area unless 2. For all required residential district stated otherwise in paragraph 16 of this subsection. . parking spaces not within an enclosed. garage, the first Gross floor area, for the purposes of this subsection, parking space shall be the minimum of the current city shall include the floor area occupied by the principal standard for a handicap space exclusive of public or use, plus the floor area occupied by ~ a~ssory private right-of-way. AU other spaces where multiple vehicle parking is required shall be provided In accordance with current city standards exclusive of public or private right-of-way. An spaces, regardless of size, must comply with all provisions of the Land Development Regulatioos, and shall be maintained and drained so u to prevent nuisance or danger to the ,ublic and/or adjacent property owners. 2003 8-20 62 Boynton Beach Code aes, including storage rooms, maintenance and season parking demand based on statistical data 'ilianicaI rooms, offices, lounges, restrooms, furnished by the Urban Land Institute or an equivalent .-oles, basements, mezzanines, and hallways. traffic engineering or land pJ~nnfug and: design organization. Quantitative evidence may also include, 8. Where several principal uses exist in where appropriate, field studies and traffic counts one structure or on one lot, parking space preþared by a traffic consultai1t experienced In the requirements s~aII be computed separately for each preparation of .parking studies. . hi addition, a prlDclpal use, unless stated otherwise In paragraph 16 minimum buffer of ten (10) perCent shall be provided oftbls subsection. Where parking spaces are required to ensure, that a sufficient number of parking spaces Ia paragraph 16 for each of several principal uses that are available at d1e peak hourfpeak season of parking enmmnnlyoccur together, 1h1s is done for the purpose demand. Calculation of said ,buffer shall be based. on of clarification only, and shall not Omit the application the total number of parking SPå.ces determfned to be of die requirement contained In this paragraph, required at the ~ak hourfpeak ~n of parking de~d. Bvidence for joint aUocation of required 9. A use shall be considered a principal parking space shaD be submitted, to the tecbnlca1 use, for the purposes of this subsection. if it <:ould review board. and approval of joint allocation of aIat separa1ely from all other uses in the same required parking spaces shaD be made by the City ItrUCCUrC or on che same lot. and would by itself Commission, after review and recOmmendations by aeuerate algnJfir.ant parking demand. the planó.1Dg and development ~. . 10. Where a use is located In a shopp~g ~4. Where the nUÚ1ber.o{ required parking aàter, office building, or office-~taU <:OqJlex. the spaces as çotiJputed includes å fraction, the nu~r of putiø& Space requirement for the shopp~ center, reqUired parking sp~s shall be the cóinpufe4 number GIIIce '6Unding. or omce·rètai1 complex in which it is rounded to óíe~íièxt'1i1ghest whole number, ~...~ shall apply; except that where a theater is 15. There shall be provided off-street' .. d in a shopPing center the parking space nquirement for theaters shall apply for the seating or handicapped parking spaces consistent with Chapter poss floor area of the theater. 23, Article n.K of the Boynton Beach Land Development Regulations at the time of the erection of 11. Where several principal uses exist in any structure or the enlargement of any structure. DDe bui1ding or part of a bunding, and the Roor area :)f each principal use cannot be clearly deUneated. the 16. Except as provided in Subsection L(4) ~ space requirement for the use requiring the below~ there shall be provided, at the time of the peatest number of parking spaces shall apply. erection of any structure or establishment of any use, a number of off·street parking spaces in accordance . 12. Where a use Is not listed below. parking with the following minhnum requirements, and subject ;pace requirements shall be determined by the City to paragraphs 1 through 15 of this subsection. Where ~sion after review and recottUnendation by the a structure. or use is enlarged or increaped in capacity tlannfqg and development board. by any means. Including a change in bunding occupancy which requires the provision of additional 13. Parking spaces required in this parking spaces, or a chaQge in use to or e which ftInance for one use or structure may be aUocated In requires additional parting spaces, the minimum 1ft or In .whole for the required parking spaces of number of parldng spaces shan be computed by nother use or structure if quantitative evidence is applyt~ these requirements to the entire structure or ·tOvlded showing that parking demand for the _ use. Iffcœnt uses or strUctUres would occur OD different IJI of the week or at different hours. Quantitative a. Dwellings, lodging and other *"'"'<:e sbaUlnctude estimates for peak hour/peak buildings for habitation: . .' 001 S-16 Zoning 63 (1) Single-family and duplex c. Government, institutional, and dwellings: Two (2) p~ spaces per dwelling unit. educational uses: (2) Two or more bedroom (1) Government and govemmei1t- apartments: Two (2) parking spaces per dwel1inB unit. owned or· --operated uses: Parking requirements for like or similar uses in the private sector shall apply. (3) One-bedroom and efficiency apartments: One arid one half (1.5) parking. spaces per (2) Community centers; One (1) dwelling unit for each efficiency and/or one-bedroom parking space per one hundred (100) square feet of apartment. gross floor area. (4) Donnitories: One (1) parking (3) Libraries and museums:: One space per rooming unit. (1) parlcini space Per three hundred (300) square feet of gros~ floor area. (5) Rooming and boarding . houses: One (1) parking space per rooming unit. (4) Day care centers and DUl'Jery schools:. One (1) pa~king space per thi'ee hundred (6) Hotels. apartment hQtels. .(300) Jquarc feet of gross. floor area, plus adequate motel~, apartment motels, ~d ~~ hoteJs and provision for a convenient drop-off area adjacent to motels: Otie and one-qumer (1.25) parking spaces per the building providing unobstructed ,ingress and bedroom. . egress. (7) Hospitals: Two and one-half (5) Elementary and junior high (2.5) parking spaces'per bed, school:S: One (1) parking space per five hundred (500) sq1,1are feet of cl~sroom floor area, including floor (8) Nursing homes, convalescent area of shops. homes, and sanitariums: One (1) parking space per three (3) beds, (6) Secondary schoois and high sêhOÇ)1s: One (1) parking space per one ~undred (100) b. Assembly: square feet of classroom ,floor area,. plus one (1) parking space per two hundred (200) sqUare feet 'of <H Churches, temples. and 9ther floor area occupied by shops. places ofworshi¡): One (1) parking sp~ce·per four (4) i~ Ûl the äuditorium, but not less than one (1) (7) Colleges, . universities.. parldng space per o~e hundred (100) square feet of seò1lnaries, and technical or vOcational schools: Oné .gross floor area (at the auditorium, ,Ius requiréd (1) paiking: ipaceper fifty (50) sq\lare feet of parking· spaces for any Other pdnclpat Uses, including c~sroöm ~, plus one (1) .parking space per two ofÏlCCS, c~stooms" meeting rooms, recreatiòn hun~ed (200) square feet of floor. area :oceupied by facilities ~ dwellings·. Ja~ratories or shops, plus required space for any other principal U$ès.·including offiCes.· llbrariés, . . (2), ,Theaiers. auditóriums, atiditoQUIÌ1S, imd recrea~on tacillties. . P1cctlng roomS, and othetplaèes öfassemb1y:.~ (1) ;.mmg spàce per four (4) seats. but not leSs than·one (8) Specialized instr\i~dòn.. (1) parking $pace per one hundred (109) square feet of includmg d~, art. and self-defens~ instmct1on:·One gross fJod~ ,area. . (1) par1dÌ1g space per two hundred (200) ~e feet of poss ßOdr·~. .. . .' ' (~) Clubs. lodges aiJd frate~ organizations: One (1) parkhig··space per one hundred d. Retail servi~s. r~urants,· and (100)" sê¡Uå1'e feet of gröss'floo~ area. offices: 2001 8-16 . , . 64 . Boynton Beach Code (1) ,Restaurants, bars, cocktail of paved or unpaved outdoor area used for the storase unses, dance haUs, and aU other eating or driiIIdng o~ display of goods for sale or for rent. ~tabUshments: One (1) parking space per two and one-balf (~.S) &eats, but not-less than o~ (1) parking (11) Boat sales or r,ental: One (1) . space per one hundred (100) square feet of gross floor parking space per five hundred (500) square feet of area. gross floor ~, plus on,e (1) parking space per ten thousand (1~,QOO) lqua¡:e feet of paved or unpaved (2) Shopping centers: One (1) ou~oor area used for the storage or display of boats parking space per two hundred (200) square feet of (or sale or for rent. . gross leasable floor area, (12) Retail establishments not listed (3) Oftice-retall complexes: One elsewhere:. One (1) parkfn8 .space per two hundred (1) parking space per two hundred (200) square feet of (200) square feet of grOss floor area, gross leasable floor area, (13) Personal, professional, aDd (4) Retail gasoline sales, retail business services not 1ist~ elsewhere, including automotive parts and/or accessories sales, and testing, repairing, and senicing: One (1) parJdog automotive repairs, including major repairs, but space per three hundred (300) square feet of gross excluding automotive paint and body shops: One (1) floor area, parking space per· two hundred fifty (250) square feet of gross floor area, (14) Laundromats or dry-cleaning pick-up stations, and laundry or dty-cleaning plants (5) Bakeries: One (1) parking located in commercial ~nes: One (1) parking space space per two hundred (200) square feet of gròss floor per two hundred fifty (250) SQ\W'e f~ of gross floor "-.s. . area (fOf. laundry or cby~leanJng plants located in industrial or PID zones, see (f)(3», (6) Florists and retaU sales floor area of greenhouses: One (1) parking' space pet two (15) Printing, engraving, or hundred (200) square feet of gross floor area. publishing located in commercial zones: One (1) parking space per three hundred (300) squàre feet of (7) Grocery' stores and food . gross floor area (for printing, ~ngraving, or P1:1blistiiDg stores: One (1) parking space per two hundred (200) located in industrial or PID zones, see (f)(~».. square feet of gross floor area. (16) Funeral homes: One (1) (8) Auto,nobile, trúck, parking spaèe per two hundred (2ÒO) square feet of motorcycle, traner, and recrèation v~hlcle ·wes or gross floor area. rental: One (1) parking space ~r five·hundred (500) lquåre feèt or gross floor area; plus' required parking , (17) Ke~els ~ ~ hospitals: spaces for outdoor storage br display of goodS for sale ' One (1) parking space per three hui1dred (300) square .ot for ~t. feet of gross floor area, including area at outdoor . kennels. (9) Small CCI'lipment and tool, reatal establishments: 'One (1) Parldnì Space pèr two (18) Financial institutions' and hundIed' fifty (250) squ-.re· feet òf gross floor area, services: One (1) parking space per two hundred fifty plùs required parking spaces for outdoor Ito~age or (250) square f~t of ~ss floor area. . display of goods for sale or for rent. (19) Medical and dental ëilniès, (10) Outdoor storage or display of offices, and office buDdiñ¡s: One (1) Parking' 'space f " for sale or for ~ntt'except ·boat$: One (1) per two hundred (200) square feet. of gross floor. area. P-..ma space per five tbòuaand (S,OOO) square feet Zoning 65 (20) .Offices ·and office buDdings (7) BowJing. alleys: One (1) not listed· elsewhere: One (1) parkJng space per tlu:ee parking space per two ttundred fifty (250) square feet hundred (300) square feet of gross floor area. of gross floor ârea, b1cluding floor area of all adjoining . uses, including restaurants, bars, pool (21) Art, craft, ·graph(cs, and rooms. and amusements. photographic studios: One (1) parkJng space per three hundred (300) square feet of gross floor area. (8) G)'DlIUtSfums and health centers: One (1) parking space per three hundred (300) (22) Beauty and barber services: square feet of gross floor area. Parking space One (1) parking space per one hundred (tOO) square requlrèments may be computed separately for floor feet of gross floor area. area oCcupied by athletic courts, swimming pools, or other principal uses for which parking space (23) Funüture stores: One (1) requirements are listed in Chis ordinance. parking space per five hundred (500) square feët of gross floor area. (9) Arcades, pool halls, and other indoor amu~ment places not listed elsewhere.: One (1) (24) Automotive paint and body partfug space per one hùDdred (tOO) square feet of shops: One (1) par1dng'sp~Ce for every three hundred gross floor area. (300) square feet of gross floor .area. In addition, each overhead door and interior spray booth may be (10) Marinas: One (1) parking counted toward a parking space, provided there ¡sa space per boat slip. plus required parking spaces for minimum area, the size Qf a standard parking space, any other principal uses. including hotels and motels, between an overhead . door and an interior spray restaurants, ·retall floor area, charter boats, sightseeing booth. However, in,no case shall less than four (4) boats, drift fishing boats, and outdoor lots occupied by outsid~ parking spaces be provided. boats for sale or for rent. e. Recreation and amusement: (11) Charter, drift fishing, and sightseeing boats: One (1) parking space per three (3) (1) Swimming pools: One (1) seats on each boat. but no fewer than two (2) parking ,parking space per thirty (30) square,feet of water area, spaces pet boat. (2) Ice skating and roller skaoog (12) CondomJnium and housing . rinks: One (1) parking space per one hundred (100) develçpment recreation buildings: A mix òf five square feet of rink area. parking spaces, plus one (t) addftionai space per 300 square 'feet'of groSs floor area of offiCe use for leasing (3) Indoor.~th1eticcourts: One (1) or Ø18I18gement purposes loCated In recreation parking spa~ per one thousand eight h~dred (1,800) buUdings QI ~arate structures (Jum~péd spaces square reet of gross floor area, should be pursuant to ADA requirements). - (4) Outdoor athletic courts: One f. Industrial, " research and (1) par~ space ~r one thousand five hundred developjnent. tr_des, whole~e, and warehouses: (1,500) square feet of court area and adjoining paved area. (1) MåD.ufacturlng and .industrial uses not listed elsewhere: One ( 1 ) parking spice pèr , (5) Golf courses: Eight (8)- two (2) emplöyees, but oot: less· than one (1) ~Jdng parking spaces per hole. space per five"hundred (500) Sc¡uQ'e feet of gròss Ooor ~: plus required parking spaces for any. -other . (6) Miniature golf courses: One pr1nclpal uses, including offi~ or retaD Boot area. (1) parking space per five hundted (500) square feet . of lot area occupied by the: playing area. 1000 S..14 66 . Boynton B'eacb Code (2) Utility plants: One (1) (9) Laboratories and research ~rIdng space per tWo (2) employees, but not less and development: One (1). parking space per d1ree ..AI1 one (1) 'parking space per five hundred (500) hundred (300) square feet of gross floor area. square feet of gross floor area; plus req\l1red parking spaces for any other principal uses. Including office g. Miscellaneous uses: ftoor area. (1) Taxi offices and bus stations: (3) Laundry or dry-cleaning One (1) parking space per one hundred (100) square plants located in industrial or PID ~ones: One (1) feet of gross floor ~ea. . parking space per five hundred (500) square feet of poss tl~r area (for laundromats, laundry or (2) CommunJcadons facUides. dryc1eaning pick-up stations, ~d laundry or including broadcasting facUities and telephone dryc~ plants located in commercial zones, see exchanges: One (1) parking space per one thousand (d) (14». two hundred (1,200) squau:e feet of gross floo, area, plus required parking spaces for any floor area (4) Printing, engraving , or occupied by offices. publishing located in industrial or PID zones: One (1) parking spaCe per two (2) employees, but not less , (3) Greenh~uses: One (1) than one (0 parlång space per five hundred (500) parking ~ace per two tho~d (2,000) square feet , square ~t of gross floor area (for printing, of gross .floor area, plus required parking spaces for ea¡raving or publishing located in commercial any retail floor area, zoneS. see (d) (15», LOCATIPN OF OFF-STREET PARKING I. (5) Warehouses and other indoor SPACES. ~e facUities, w~hou~-industri81 complexes: kequired parking ~ace$ fòr all (1) parking space per eight hundred (8"00) 1. ·....uare feet of gross floor area, but not less than two dwellings ,shall be located on the same lot as the (2) parking spaces per rental unit of five hundred dwelling to be" served. (500) square feet of gross f100r area or greater; plus recpIred parking spaces for any other prlnolpal uses, 2, Required parking spaces for all other lDcIPði"g retail and office floor area. Parking for uses shall be owned by the owner of the buUding or IllJlti~cœss facilities sha11 be provided at a rate of 1 space per 200 storage bays plus 1 space per 300 feet 'of office space and" 2 security spåceS. Par~ for Jimited access facilities iha1l be provided at a 'rate of 1- space per 75 storage units, plus 1 space per 300 feet øfoffice space and 2 security spaces. (6) WhoJ~sa1e e8tabli$hments ~ distributing: One (1) patkþ1g space per eight , h~ -(800) square feet of gross floor'area. (7) Moving' and storage tJpentions: One (1) p~ space per eight hundred (800) square feet olgrosS floor-.area. , (8) Truck terµûnals and. transfer stations: One (1) pWdng space, per eight hundted p"'" ,square feet" ot gross floor area. 2000 8-14 CITY OF BOYNTON BEACH - XII. - LEGAL AGENDA ITEM REQUEST FORM ITEM A.6 .BEACH F-/r[: '""-- V'f JUL 30 PH 2=57 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin!! Dates in to City Clerk's Office D August 3, 2004 (Noon.) July 19,2004 D Û{;tober 5,2004 (Noon) September 20, 2004 [8J August 17,2004 (Noon) August 2, 2004 D Û{;tober ]9,2004 (Noon) Û{;tober 4,2004 D September 7, 2004 (Noon)August 16,2004 o November 3, 2004 (Noon) Û{;tober 18, 2004 D September 21, 2004 (Noon) September 7, 2004 D November] 6, 2004 (Noon)November 1,2004 0 Administrative D Development Plans NATURE OF [l Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing D Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation Qa City Manager's Report ¢ RECOMMENDATION: Motion to approve Solid Waste Ordinance Revisions - Chapter 10 - Garbage, Trasb and Offensive Conditions, Section 10-30, Rates and cbarges for city service (Exhibit A - Attached). ~XPLANATION: Tbe Public Works staff bas conducted a rate analysis and propose rate increases for Solid Waste ;ervices related to Multi-Family Service rate, Commercial rate and an additional rate for non-automated single- family residents (memo #04-136 attacbed). PROGRAM IMP ACT: The proposed rate changes will not affect the operational program for service. Mandating automated garbage in the remaining areas of the City, along witb any new single-family developments will require tbe purcbase of additional carts, one additional automated vehicle and the possible reduction of two employees through attrition. (Exhibit B - Residential Automated Operational Cost Comparison - attached). FISCAL IMP ACT: Raising the Multi-Family rate from $6.00/unit to $7.50/unit will add approximately $198,000 annually based on the current multi-family unit count- n,ooo Multi-Family units x $1.50/month = $16.500/monthor $198,OOO/annually . ALTERNATIVES: Elect not to approve tbe rate changes and direct staff to evaluate potential service cuts to maintain a balanced Solid Waste Fund. ()f 14~~;~ ~ City Manager's Signature ~li)/~ ~æ~ Department Name City Attorney / Finance / Human Resources . ÐULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ...~- - 1 ORDINANCE NO. 04 - 012- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA AMENDING CHAPTER 10. 5 GARBAGE, TRASH AND OFFENSIVE CONDITIONS, 6 PROVIDING FOR RATE MODIFICA TION; 7 PROVIDING FOR CONFLICTS, SEVERABILITY, 8 CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, it has been determined that over the past two years, the Solid Waste 11 und balance, has exceeded revenues received for the services provided; and 12 WHEREAS, staff has conducted a rate analysis of Solid Waste Services related to 13 ulti-Family Service rate, Commercial rate and an additional rate for non-automated single- 14 amily residents; and 15 WHEREAS, the City Commission has determined, upon recommendation of staff, 16 hat Chapter 10 Garbage, Trash and Offensive Conditions be amended to provide for a rate 17 odification, as set forth below. 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~ßSSION OF 19 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above is true and correct and 21 ncorporated herein by this reference. 22 Section 2. That Chapter 10 Garbage, Trash and Offensive Conditions, Sec. 10-30 23 ates and charges for city service is hereby amended by adding the words and figures in 24 nderlined type, and by deleting the words and figures in struck-through type, as foHows: 25 Sec. 104930.Rates and charges for ~City service. I 26 27 The rates and charges for refuse coHection service provided by the city shaH be as 28 oHows: I 29 30 (a) Commercial containerized, excluding multifamily residential units: 31 32 (1) Monthly commercial charges shall consist of a total of the foHowing three 33 (3) items: 34 35 a. Container rental charge-A monthly flat fee charge to cover the I 36 cost of the container by size as foHows: 37 :\CA\Ordinances\draft ordinance\Rate rev. Chapter 10 - Garbage, Trash and Offensive Conditions.doc 1 1 2 200312004 Rates: 3 2 cu. yd. container_- $19.'1020.00 per month 4 3 cu yd. container - ~25.00 per month 5 4 cu. yd. container_- $22.2130.00 per month 6 6 cu. yd. container_- $~35.00 per month 7 8 cu. yd. container_- $27.0010.00 per month 8 9 The Public Works Director shan annually adiust these fees based 10 upon changing purchase prices of new containers. II 12 b. Disposal charge-A fixed disposal charge per cubic yard as 13 charged set and modified from time to time by the Palm Beach 14 County Solid Waste Authority. The amount for FY 1993 9'1 is 15 established at forty six dollars ($16,00) per ten or three dollars 16 and eight cents ($3.08) per cubic yard. This price shall be passed 17 on to the customer directly. 18 19 c, Operating charge-A fixed charge per cubic yard to cover all other 20 labor and equipment hauling expenses and charges of the 21 sanitation Solid Waste Departmentbudget. The rate is established 22 at t'NO dollars and seventy one cents ($').71) per cubic yard. The 23 rate in 2004 wiU be fixed at $3.00 per cubic yard and wiU be 24 increased 4% annually thereafter at the beginning of each fiscal 25 year. or as otherwise provided by the City Commission. 26 27 (2) Partial monthly service wiU be charged on a prorated basis, based on the 28 rates in subsection (till above. I 29 30 (3) Mechanical compressed or compactor refuse shall have the disposal rate 31 computed at a three-to-one (3:1) ratio of the disposal rates set forth in 32 subsection (IQ), Containers with compactors shall be furnished by the I 33 owner, therefore, no rental cost shall be charged. 34 35 (4)Two (2) or more business establishments sharing a single container sRa:1l be 36 charged based on the size and number of pickups as outlined in subsection 37 (1) above. Provided, howeycr, any joint use generating two (2) cubic yards 38 or less per month shan be charged a minimum of sixty five dollars and 39 seycnty two cents ($65.72) per month to be shared equally. 40 41 (b) Noncontainerized commercial service: 42 43 f!jRefuse picked up from residential type cans at commercial establishments I 44 shall have their level of service negotiated by the public Public wefiffi :\CA\Ordinances\draft ordinance\Rate rev. Chapter 10 - Garbage, Trash and Offensive Conditions.doc 2 1 \~orks de~aI~ment Department with an opportunity to appeal the fate to I 2 cIty commISSIOn. 3 4 (c) Residential rates (noncontainerized): 5 6 (1) Ten dollars and fifty cents ($10.50) per month for single-family dwellings. 7 8 (2) Ten dollars and fifty cents ($10.50) per month for each family unit duplex 9 or triplex. 10 II (3) Ten dollars and fifty cents ($10,50) per month for each family unit for 12 apartments and condominiums. 13 14 (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer. 15 16 (5) Thirteen dollars and fifteen cents for non-automated service 17 18 (d) Residential rates (containerized, multifamily): 19 20 (1) SÌ*-Seven doUars and fifty cents ($7.50) per month for each family unit for I 21 apartments and condominiums that are served by dumpster containers. 22 23 (2) SÌ*-Seven doUars and fifty cents ($7.50) per trailer in trailer parks. I 24 25 (e) Special pickup: Special pickups of items not nonnally handled by the weekly 26 garbage, trash or recycling pickup, whether due to the type of waste or the volume 27 of waste, may be scheduled by contacting the public works department and the 28 rate for such pickup shall be established by the director depending on the size and 29 type of removal needed. 30 31 (f) Rcscr'/cdRate schedule extra pickup of dumpsters at multifamily locations: $3 per I 32 cubic yard, 33 34 (g)!Minimum charge,] f..lJ properties shan be assessed no less than the minimum 35 applicable rate schedule proyided for in this section. If a utility acoount is 36 temporarily discontinued, there shall continue to be a monthly charge calculated 37 as the base rate for the applicable biJIing category. 38 39 (h)COlnmcrcial rccycling: For commercial establishments who participate in the 40 commercial recycling program the monthly rates shall be as follows: 41 42 (g) Roll-off Rates: Rates for roll-off dumpsters used for construction and demolition 43 debris shall be established and modified from time to time by the Director of 44 Public Works based upon private markets conditions, 45 :\CA\Ordinances\draft ordinance\Rate rev. Chapter 10 - Garbage, Trash and Offensive Conditions.doc 3 1 I 2 3 . I 4 5 6 7 The public '.vorks director may establish extra pickup charges for commercial 8 recycling based on the size and type of service needed. 9 10 (i)School rates: 1\ separate rate category for school service shall be established by the II public 'Narks director, as the solid waste authority has established separate 12 disposal charges for the public school system. These rates shaH be based on the 13 size of the container and number of pickups per month. 14 15 ff)J1dditional pickup: i\ddÜional pickups necessitated by the lack of adhereflce to the 16 requirements set forth in chapter 10, articJe II shall be determined by the public 17 'Norks director, vI'ith the first pickup requiring a warning notice of the violation 18 being pro'/ided to the resident of the property and the second pickup resulting in 19 un additional charge of t\"enty five doHars ($25,00). Subsequent pickups within a 20 t'.velve month time period will also recei'/e a charge of t'Nenty five dollars 21 ($25.00) per pickup. One (1) '.varning notice per every twelve (12) months will be 22 afforded to the property owner or tenant. Warnings shaH consist of placement of a 23 door hanger on the property plus a notice letter sent regular mail to the named 24 individual listed on the city's utility billing record at the service address. 25 26 27 Section 3. Each and every other provision of Chapter 10, not herein specifically 28 ended shall remain in full force and effect as previously enacted, 29 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 30 ame are hereby repealed. 31 Section 5. Should any section or provision of this ordinance or portion hereof, 32 y paragraph, sentence or word be declared by a court of competent jurisdiction to be 33 nvalid, such decision shall not affect the remainder of this ordinance, 34 Section 6, Authority is hereby granted to codify said ordinance, 35 Section 7. This ordinance shall become effective during the first full billing cycle 36 ter the adoption of the Ordinance on Second Reading, 37 FIRST READING this ~ day of Augustl, 2004. 38 :\CA\Ordinances\draft ordinance\Rate rev. Chapter 10 - Garbage, Trash and Offensive Conditions. doc 4 I SECOND, FINAL READING AND PASSAGE this day of 2 ,2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor II 12 13 Commissioner 14 15 16 TIEST: Commissioner 17 18 19 ity Clerk Commissioner 20 21 CORPORATE SEAL) 22 23 :\CA\Ordinances\draft ordinance\Rate rev. Chapter 10 - Garbage, Trash and Offensive Conditions.doc 5 PUBLIC WORKS DEPARTMENT MEMORANDUM #04-136 TO: Jeffrey Livergood, Public Works Director FROM: Larry Quinn, Solid Waste Manager P. Christine Roberts, Assistant Public Works Directorc.r<.. SUBJ: Solid Waste Rate Recommendation DATE: July 29,2004 - Recently the City Commission approved several Solid Waste Ordinance Revisions to Chapter 10, Garbage, Trash and Offensive Conditions, At the time of approval Section 10-30, Rates and Charges for City Service were tabled pending further staff analysis of service rates. Staff has conducted a rate analysis and proposes the folIowing rate increases for Solid Waste Services: A. SineJe Family Rates The current rate for garbage colIection for a single-family home is $10.50 per month. This includes two times per week garbage pick up, one time per week recycling pick up, onetime per week bulk trash pick up, and one time per week landscape waste pick up, At this time staff is not recommending an increase to the single-family rate for automated garbage service, Recent changes to the code language mandated the use of garbage carts for noncontainerized residential refuse, Section 10-24 - Single Family Residential Refuse Collection # 1, states "Garbage will be collected twice per week at curbside only ITom each single family residential unit, in the City provided with rolI-out garbage carts, Currently there are five primary areas in the City that prior to the code language change has chosen not to become automated. These areas include Nautica,High Point, Pine Point, Boynton Leisureville and Palm Beach Leisureville for a total of approximately 4,308 residents, It is staff s recommendation that in order to keep service fees at a lowlevel we should pursue automation in these remaining areas so that the remainder of the City can benefit by stable garbage rates. However, staff recognizes that residents in some of these areas due to logistics may still choose not to be automated, The cost to provide garbage collection services in non-automated areas is 17% higher than the cost to provide services in those areas that have chosen to become fully automated (see attached Residential Cost Comparison). Staff is not necessarily recommending mandating automated on the remaining five areas rather; staff is proposing a twofold approach that gives members of various homeowners' associations the foHowing choices: 1 ""'-- - l. The homeowners in the area choose to become fully automated and the '~, monthly refuse collection fee would remain at $10.50 per month. j 2, Homeowner's that choose to remain non-automated, shaH be charged a differential rate of$13.15 per month in recognition of the additional cost of providing a service that differs from the remaining part of the community. The $13.15 rate is derived from the attached Cost Comparison of service. Homeowner Associations would be the only authorized entity to request that their residents be allowed to maintain non-cart pickup with the understanding that the rate would go to $13. 15/month, this would be an alternate to mandated carts. ,~ Whether the decision is made to mandate automated or charge an extra fee for areas that are not automated staff would recommend implementation of the mandated carts by October 1, 2005, B. Multi-Familv Rate The current multi-family rate is $6.00 per month, Staff is proposing to increase this rate to $7.50 per month with an effective date of the increase on October 1, 2004. The current rate has not been changed since 1992. Due to increased operational costs it is imperative that this rate be changed, The Multi-Family service provided includes the same service as single~family with the exception of the pickup of yard trash. The added revenue this would gain would be approximately 11,000 MF units x 1 ,5 O/month = $16,500/month or $198,000 annually, Staff had originally proposed to the City Commission that multi~family rates be increased to $9,00 per month, However, staff too is sensitive to resident concerns about a 50% increase, all at one time. Staffhas re-evaluated our initial assumptions and we believe that we may be able to hold off the full increase to $9,00 a while longer, We find that we are increasing the numbers of customer's city wide, and this adds to our revehue base, Our expenses continue to climb as well. However, we believe that it is entire1y appropriate to continue to closely monitor our revenues in the Solid Waste Fund to ensure its solvency. Therefore,_we strongly recommend that staffpresent a follow up rate report and recommendation to the City Commission as part of the FY200512006 budget submittal, This report win consider modifications to the rate structure for all services provided, including single-family homes, C. Commercial Rates Staff is proposing a minor increase in rates for the City's commercial customers, The monthly commercial charges shall consist ofa total of the foUowing three (3) items: - -) 2 '""~-... ~ - 1. Container Rental Chan~e This is a monthly flat fee to cover the cost of the container by size. Staff is proposing an increase in container rental fees as outlined in the proposed ordinance revision (attached). The rental charge is a direct cost associated to allow the containers to be replaced more often and thus enhance the visual appearance of the containers. Disposal Charl!e This is a fixed charge set and modified from time to time by the Palm Beach County Solid Waste Authority. This price shall be passed on to the customer directly. Staff is not proposing and increase in this charge. At present, this charge is $28.00 per ton and is not anticipated to change during FY04/05. Operatinl! Chan~e The operating charge is the cost of providing the City service. Approximately 62 percent of our Solid Waste Department costs are vested in both labor and equipment costs. Staff is proposing that this rate be fixed at $3,00 per cubic yard and is adjusted four percent annually hereafter to reflect the cost of inflation that occurs each year when equipment costs and labor costs rise. Summary City staff is proposing rate changes in Multi-Family and Commercial services becoming effective on October 1,2004, In addition the City Commission needs to consider either mandating the automated garbage program in the remaining areas mentioned or charge an additional fee to cover the higher eXpense of providing non-automated service, Which ever alternative the Commission decides the mandated or higher charged rate will become effective on October I, 2005 as staff will need time to meet with the remaining homeowner's associations to plan for implementation, In addition staff will conduct an analysis of ràtes, expenses and revenues in April of 2005, Depending on the,results of the analysis staff may be proposing additional rate increases for Single-Family and Multi-Family services for FY05/06, Attached to this report is Exhibit A -language change proposing the new rates in Ch~pter 10- Garbage, Trash and Offensive Conditions, Section 10-30, Exhibit B - Residential Operational Cost Comparison between automated vs. semi-automated service, and Exhibit C Rate Comparison Chart comparing rates with other municipalities. We believe that we provide an outstanding service to the community, Our customer service approach is excellent. Our employees are dedicated, friendly and efficient. We have made changes over the past ten years that have kept residential and commercial rates constant and we are now at a time that efficiencies cannot by themselves maintain rates, It is essential that we consider the proposed rate changes in order to maintain our expenses by increasing revenues. Upon approval of the rate changes štaff plans on properly notifying the public by providing letters to property management companies and notices in water bílls for individual residents and commercial establishments. 3 ,"""- - ~ "O~ ;- - EXHIBIT A I Sec. 10-2930. Rates and charges for city service. I The rates and charges for refuse collection service provided by the city shall be as follows: I (a) Commercial containerized, excluding multifamily residential units: (l)' Monthly commercial charges shall consist of a total of the following three (3) items: a, Container rental' charge-A monthly flat fee charge to cover the cost ~, ) of the container by size as follows: 2 cu. yd. container.;.$19.10$20,OO per month 3 cu yd. container- UA4$25,OQ per month 4 ell. yd. container- ~$30.00 per month 6 cu. yd. container- ~$35.00 per month - 8 cu. yd,- container- ~$40.00 per month ) j ",..,- '- - "- Revision Date: 2/] 6/047/23/04 I The Public Works Director shall annually adjust these fees based } upon changing purchase prices of new containers. b. Disposal charge-A fixed disposal charge per cubic vard as chargedset and modified from time to time by the Palm Beach County Solid Waste Authority. The amOlli1t fDr FY 1993 9,1 is established at forty six doUars ($16.00) per ten or three doUars and eight cents ($3.08) per cubic yard. This price shall be passed on to the customer directly. c. Operating charge-A fixed charge per cubic yard to cover all other labor and' equipment hauling expenses and charges of the sanitationSolid Waste Department budget, The rate is established at two dollars and seventy one cents ($2,71) per cubic yard. The rate in 2004 will be fixed at $3.00 per cubic yard and will be increased 4% annually thereafter at the beginning of each fiscal year. (2) Partial monthly service will be charged on a prorated basis, based on the rates ' in subsection (1ª) above. I (3) Mechanical compressed or compactor refuse shall have the disposal rate computed at a three-to-one (3: 1) ratio of the disposal rates set forth in subsection (lQ). Containers with compactors shall be furnished by the owner, I therefore, no rental cost shaH be charged, (4) T'.vo (2) or more business esta1;Jlishments sharing a single container shall be charged based onthe size and nmnber of pickups as outlined in subsection (1) abo'.'e. Provided, hO','/ever, any joint use generating two (2) cubic yards or less per month shaH be charged a minimœn of sixty five dollars and seventy two cents ($65.72) per month to be shared equally. (b) Noncontainerized commercial service: (1) Refuse picked up ftom residential type cans at commercial establishments shall nave their level of service negotiated by the p1:tblie PubJic Wworks I Dèepartment vnth an opportunity to appeal the rate to city commission, (c) Residential rates (noncontainerized): (1) Ten dollars and fifty cents ($10,50) per month for single-family dwellings, (2) Ten dollars and fifty cents ($10.50) per month for each family unit duplex or triplex. - ,-- -- - Revision Date: 2/16/047/23/04 I (3) Ten doUars and fifty cents ($10.50) per month for each family unit for -, apartments and condominiums. ! (4) Trailer parks, ten dollars and fifty cents ($10.50) per month per trailer. (d) Residential rates (containerized, multifamily): (1) ðÐf Seven-dollars and .50 Cents ($6-:()()7.50) per month for each family unit I for apartments and condominiums that are served by dumpster containers. (2) ~ Seven dollars and .50 Cents ($6-:()()7.50) per trailer in trailer parks. - I - (e) Special pickup: Special pickups of items not normally handled, by the weekly garbage, trash or recycling pickup, whether due to the type of waste or the volume of waste, may be scheduled by contacting the public works department and the rate for such pickup shall be established by the director depending on the size and type of removal needed. Reserved (f) (},linimum charge.] i\ll properties shall be assessed no less than the minimum applicable rate schedule provided for in tbis section. If a utility account is temporarily discontinued, there shall continue to be a monthly charge calculated as the base rate for tbe applicable biHing category.Rate schedule extra pickup of dumpsters at multifamily locations: $3 per cubic yard. (g) Commercial recycling: For commercial establishments who participate in the commercial recycling program the monthly rates shall be as follows: Roll-off Rates: Rates for roll-off dumpsters used for construction and demolition debris shall be established and modified fTom time to time bv the Director of Public Works based upon private market conditions. [Table appears on following page) I Tbe public works director may establish extra pickup charges for commercial recycling I based on the size and type of service needed. (h) School rates: A separate rate category for school service shall be established þy the public ..vorks director, as the solid waste authority has established separate disposaJ charges for the publìc school system. These rateS shall be ~ased on the size of the container and number of pickups per month. } ~ , '""~ ~ ~ Revision Date: 2/16/047/23/04 I (i) Additional pickup: Additional pickups necessitated by the lack of adherence to th~ requirements set forth in chapter 10, article n shall be detennined by the public '.'lorks director, with the fIrst, piokup requiring a warning notice of the violation being provided to the resident of the property and the second pickup resulting in an additional charge of t'Nenty five do]]ars ($25.00). Subsequent pickups v.ithin a tv¡elye month time period vtiH also reoeiye a charge of t'.venty five do]]ars ($25.00) per pickup. One (1) warning notice per every hvelve (12) months will be afforded to the property owner or tenant. Warnings shaH consist of placement of a door hanger on the property plus a notice letter sent regular mail to the named individual listed on the ciry's utility billing record at the service address. (Ord, No, 82-29, § 1,9-21-82; Ord, No. 83-36, § I, 10-18-83; Ord. No. 85-55, § 1, 11-15-85; Ord. No, 86-36, § 2,10-21-86; Ord. No. 90-36, § 1,9-18-90; Ord, No, 91- 63, § 1, 9-19-91;Ord, No. 92-49, § 1, 10-8-92; Ord. No, 93-33, §§ 1,2,9-21-93; Ord. No. 94-28,§ 4, 9-9-94) - ... . ,- ~ ... · RESIDENTIAL OPERATIONAL COST COMPARISON /') AUTOMATED vs SEMI-AUTOMATED EXHIBIT B AUTOMATED* SEMI-AUTOMA TED** Average Hourly Labor $15.12 26.65 Monthly Labor Cost $2,618.78 $4,615.78 Benefits - 29.5% (No Vac/Sick) $772.54 $1,361,66 Monthly Vehicle Maintenance Cost $2,239.00 $1,709,00 (AverageCost Per Vehicle) Monthly PreFunding Cost $2,651.10 $3,132,00 (Average Cost Per Vehicle) Monthly Overhead Costs - 19% $501 .48 $1,002.96 Number-of Pickups Monthly 11,548 11,708 Total Monthly Operational Costs $8,782.91 $11,821.40 Price Per Pick-up $0,76 $1,01 Monthly Operational Cost Per Home $6.59 $8,74 Additional Service Costs: Bulk Trash $1,66 $1.66 Recycling $1.25 $1.25 Vegetation $1.50 $1,50 Total of all Services: $11.00 $13,15 *Automated is a one person operation, **Semi-Automated is a driver and one or two crew workers; this comparison is based on a driver and only one crew worker. - c) S:PW/SoIid Waste/Residential Operational Cost Compañson .."..... - ~ EXHIBIT C SOLID WASTE RATE COMPARISON April 5, 2004 RESIDENTIAL MULTI-FAMILY SERVICE MUNICIPALITY REFUSE RATE REFUSE RATE LEVEL Boca Raton Ad Valorem Tax Ad Valorem Tax Twice/wk - Garbage $12.00 Side yard P/up for curbside p/up Once/wk - Recycling $13 .50/unit for Once/wk - Vegetation dumpster service Quarterly - Bulk Trash City does not provide Commercial Service ---- Boynton Beach $10.50 $ 6.00/unit (current) Twice/wk - Garbage $ 7.50/unit (proposed) Once/wk - Recycling Once/wk - BulkIVege 4- Y ard Commercial Rate @ 1 p/up per week = $107.49/month - (current) $119.92/month - (proposed) Green Acres $ 5.38 $ 3.49/unit 2XPickup Twice/wk - Garbage $ 4.60/unit 3XPickup Once/wk .; Recycling Once/wk - BulkIV ege City does not provide Commercial Service Lake Worth $14.87 $ 14.87 under 9 units Twice/wk - Garbage Over nine units is Once/wk - Recycling Billed as commercial Once wk - BulkIV ege 4- Yard Commercial @ 1 p/up per week = $79.02/month Lantana $15.00 $15.00/unit Twice/wk - Garbage $ 1.67 (Recycling) $ 1.67/unit (Recycling) Once/wk - Recycling Bi-weekly-BulkIV ege City does not provide Commercial Service Palm Beach Ad Valorem Tax $11.50/unit Four/wk - Garbage Once/wk - Recycling Once/wk - Vegetation Call In /Fee - Bulk Commercial Service is billed as follows 5/day week! plup: Low Volume = .023 per sq. foot of building Med. Volume = .149 per sq. foot of building High Volume = .655 per sq. foot of building West Palm Beach $16.00 $16.00/unit - 1st bldg. Twice/wk - Garbage $ 9.00/unit - 2,3.4,bldg. Once/wk - Recycling $16.oo/unit - 51b bldg. Once/wk - Vegetation $ 9.00/unit- 5, 7, 8 bldg. Twice/wk - Bulk 4-Yard commercial rate @ 1 p/up per week = $112.00/month - """--~ - - XII. - LEGAL ITEM 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meeting Dates in to City Clerk's Office Meeting Dates 0 August 3, 2004 (Noon.) July 19, 2004 o October S, 2004 (Noon) September 20, 2004 0 August I7, 2004 (Noon) August 2, 2004 o October 19, 2004 (Noon) October 4,2004 IZI September 7, 2004 (Noon) August 16,2004 o November 3, 2004 (Noon) October 18, 2004 0 September 21, 2004 (Noon) September 7,2004 o November 16, 2004 (Noon) November I, 2004 0 AdllÚnistrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing [g Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TION: Approval of an Ordinance amending Chapter 26, Article IV "Sewers" to provide that the property owner is responsible for the maintenance, repair and replacement of sewer laterals. EXPLANA TION: Due to the large number and cost involved, the City does not routinely inspect laterals. The amendment to this section of the Code addresses the duties and responsibilities of property owners and the City as they relate to maintenance, repair and replacement of sewer laterals and appurtenant facilities. PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: Department Head's Signature City Manager's Signature City Attorney's office Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC I { 1 ORDINANCE 0-04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING CHAPTER 26, ARTICLE IV "SEWERS," SECTION 26-57 5 "CONNECTIONS REQUIRED" OF THE CODE OF ORDINANCES OF 6 THE CITY OF BOYNTON BEACH, PROVIDING THAT THE 7 PROPERTY OWNER IS RESPONSIDLE FOR THE MAINTENANCE 8 , REPAIR, AND REPLACEMENT OF SEWER LATERALS; PROVIDING 9 FOR CONFLICTS, SEVERABILITY, CODIFICA TION, AND AN 10 EFFECTIVE DATE. 11 ~ 12 WHEREAS, the City Commission, upon recommendation of staff, has deemed it 13 appropriate to amend Chapter 26, Article IV, Section 26-57 to affirmatively state that the 14 property owner is responsible for the maintenance, repair, replacement, or improvement of 15 the sewer lateral serving his or her property; and 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA: 19 20 Section 1. The foregoing "WHEREAS" clause is true and correct and hereby 21 ratified and confirmed by the City Commission. 22 23 Section 2. That Chapter 26, Article IV, Section 26-57 is hereby amended by 24 adding the words and figures in underlined type and by deleting the words and figures in 25 struck-through type, as follows: 26 27 Sec. 26-57. Connections required. 28 29 ill The owner, tenant or occupant of each lot or parcel of land 30 within the city which abuts upon a street or other public way containing a 31 sanitary sewer served or which may be served by the sewage disposal 32 system and upon which lot or parcel a building has been or shall be 33 constructed for residential, commercial or industrial use, shall within thirty 34 (30) days after the placing of the sewage disposal system in operation and 35 the construction of all connections thereto from such sanitary sewer, or 36 within thirty (30) days after the construction of such building, connect 37 such building with such sanitary sewer, and shall cease to use any other 38 method for the disposal of sewage, sewage waste or other polluting matter. 39 40 (b) The owner shall be responsible to maintain, repair, and. 41 replace, as necessary all sewer laterals and appurtenances serving the 42 owner's property, and which are not located within the cjty rights-of-way. 43 The clearing of any blockages within the sewer lateral is included within 44 this obligation. 45 1 ~t 1 (1) A sewer lateral is that portion of sewer pipe, which 2 connects a structure to a sewer main. Appurtenances to the sewer 3 lateral incJude, but are not 1imited to the fitting to which the 4 owner's plumbing is connected, the clean-out and plug, and any 5 markings or devices installed as an aid to locating the service 6 connection. 7 8 (2) Except as provided in this section, any portion of 9 the sewer lateral located within the city rights-of-way, once 10 accePt~? by the city, is the responsibility of the city., All other 11 portions of the sewer lateral are the responsibility of the property 12 owner. 13 14 (3) Should the City determine that blockage in any 15 portion of the sewer lateral has occurred as a result of root 16 intrusion from a tree located on non-City property, the owner of 17 the property where the tree is located shall reimburse the city for 18 any costs and expenses incurred by the city in repairing or 19 replacing the sewer lateral and restoring the streets, sidewalks, or 20 other areas affected by the necessitated repair or replacement. 21 22 (4) No modification, repair or replacement of a sewer 23 lateral within the public right-of-way shall be performed without 24 the written consent of the city utility department. 25 26 (5) Nothing herein shaH be construed to prohibit the 27 city from performing any repairs or replacement of sewer laterals 28 in the public rights-of-way. 29 30 (6) The city shaH not be responsible for, nor will the 31 city provide reimbursement for claims of costs incurred by 32 property owners to clear blockages to any sewer lateral, including 33 any and all damage within the residence or structure, without a 34 written agreement, entered into prior to the commencement of any 35 work on the sewer lateral. 36 37 (7) In the event of an emergency and in order to protect 38 the public health and safety, the city may perform repairs to the 39 sewer lateral on private property. Wherever possible, the city 40 shall, at a minimum, make reasonable attempts to notify the. 41 property owner of the need for repairs to the sewer lateral. In the 42 event the city performs repairs under this subsection, the city shaH 43 be entitled to reimbursement by thevroperty owner of all costs and 44 expenses incurred for such emergency work. 45 46 2 I 1 2 3 4 Section 3. That each and every other provision of Chapter 26 not hereinbefore 5 specifically amended shall remain in full force and effect as previously enacted. 6 Section 4. All laws and ordinances applying to the City of Boynton Beach in conflict 7 with any provisions of_this ordinance are hereby repealed. 8 Section 5. Should any section or provision of this Ordinance or any portion thereof 9 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 10 the remainder of this Ordinance. 11 Section 6. Authority is hereby given to codify this ordinance. 12 Section 7. This Ordinance shall become effective immediately upon passage. I 13 FIRST READING this _ day of ,2004. 14 ¡ 15 SECOND, FINAL READING AND PASSAGE this _ day of ,2004. 16 17 CITY OF BOYNTON BEACH, FLORIDA 18 19 20 Mayor 21 22 23 Vice Mayor 24 25 26 Commissioner 27 28 29 Commissioner 30 31 ATfEST: 32 Commissioner 33 34 City Clerk ~~ s:ca\ord\Chpt 26 - Section 26-57 (sewer laterals) rev, 08-23-04 3 ~- ,- ----- - --.--.......- - , '--"-'" --.~ . ---- -~"""'-----'-""". --~- .-,-~ -~'O_~"F_"'''''''-;'''''",,=~_",,_..'''___,_ _.-..__..--~_....="-,.~~,_.- .-,,-. - ._._,""-~-- KII. - LEGAL CITY OF BOYNTON BEACH ITEM B.2 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City C]erk's Office Meeting Dates in to City Clerk's Office o August 3, 2004 (Noon.) JuJy 19,2004 0 October 5,2004 (Noon) September 20,2004 o August 17,2004 (Noon) August 2,2004 0 October] 9,2004 (Noon) October 4,2004 ¡:g¡ September 7, 2004 (Noon) August 16,2004 0 November 3,2004 (Noon) October ]8,2004 o September 21, 2004 (Noon) September 7, 2004 0 November 16, 2004 (Noon) November , 2004 o Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business 0 <J:3 AGENDA ITEM 0 Public Hearing ¡:g¡ Legal -- ~-< ;Þo .< C> o Bids 0 Unfinished Business :; :=~ -; o Announcement 0 Presentation ;; ,.~,~ o City Manager's Report -u ~~~ :J;: '. 0 C)-,." r ~- -~\CJ RECOMMENDATION: w :=;ç; Revise Section 104.7.3 - OTHER FEES of the Boynton Beach Administrative Amendments to the 2001 Florida B81IdiIig:<J Code and return the responsibility of collecting Palm Beach County Impact Fees back to Palm Beach County. ::I:; EXPLANATION: This code section revision coincides with a separate department recommendation requesting authorization to enter into an agreement with Palm Beach County to return the coHection of Road Impact Fees back to the County Building Division, PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not approve the revision of Section 104.7.3 of the Boynton Beach Administrative Amendments to the 2001 Florida Building Code and continue to collect Palm Beach County Impact Fees. Q. ~G'I zfD' ~. umtus . reene, eve opment lTector CIty Manager's SIgnature Development Department Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 104.7.3 OTHER FEES, A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, Fire Department fees, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Department fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The city collecte: Palm Boach County Impact feee: that include feee: for Roads, Public Buildings, Schoole: and Parke:. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). · 1 ORDINANCE NO. 04- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, BY AMENDING SECTION 104.7.3 OF THE 5 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS TO THE 6 2001 FLORIDA BUILDING CODE; PROVIDING FOR 7 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 8 EFFECTIVE DATE. 9 10 WHEREAS, staff has recommended that Section 104,7.3 of the Boynton Beach 11 Administrative Amendments to the 2001 Florida Building Code be amended to return the 12 responsibility of collecting Palm Beach County Impact Fees revert to Palm Beach County; 13 and 14 15 WHEREAS, the City Commission has determined that it is in the best interest of the 16 City, its residents, property owners, and visitors to revise the regulations of the City which 17 govern collection of Palm Beach County Impact Fees; and 18 19 NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 22 Section 1. The foregoing whereas clauses are true and correct and are now ratified 23 and confirmed by the City Commission. 24 Section 2. That Section 104.7.3 of the Boynton Beach Administrative 25 Amendments to the 2001 Florida Building Code is hereby amended by deleting the words 26 and figures in struck-through type, as follows: 27 28 104.7.3 OTIIER FEES. A permit shall not be issued until aU other fees associated 29 with said permit are paid. Other fees may include additional fees, penalty fees, water and 30 sewer capital facility fees, Fire Department fees, Palm Beach County Impact fees and State 31 of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of 32 Boynton Beach Code of Ordinances. The Fire Department fees are established in Chapter 9 33 of the Çity of Boynton Beach Code of Ordinances. The city coHectsPalm Beach County 34 Impact fees that include fees for Roads, Public Bui1dings, Schools and Parks. The city 35 collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code 36 Administrators and inspectors Fund (BCAIF). 37 38 Section 3. That ordinances or parts of ordinances in conflict herewith be and the 39 same are hereby repealed, provided that in the event of a conflict with respect to S:\CA\Ordinances\Buildìng\Amd BB Amendments to 2001 Building Code.doc I I 1 administration of the building codes, existing administrative laws or rules of the City shall 2 control. 3 4 Section 4. Should any section or provision of this Ordinance or any portion 5 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 6 affect the remainder of this Ordinance. 7 8 Section 5: Authority is hereby granted to codify said Ordinance. 9 10 Section 6: This Ordinance shall become effective immediately upon passage. 11 12 FIRST READING this _ day of September, 2004. 1-3 14 SECOND, FINAL READING and PASSAGE _ day of September, 2004. 15 16 CITY OF BOYNTON BEACH, FLORIDA 17 18 19 Mayor 20 21 22 Vice Mayor 23 24 25 Commissioner 26 27 28 Commissioner 29 30 31 Commissioner 32 33 ATTEST: 34 35 36 37 City Clerk 38 S:\CA\Ordinances\Building\A.rnd BB Amendments to 2001 Building Code.doc CITY OF BOYNTON BEACH XII. - LEGAL ItEM 6.3 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J August3,2oo4 (Noon.) July 19, 2004 c=J October 5, 2004 (Noon) September 20, 2004 c=J August 17, 2004 (Noon) August 2, 2004 D October 19, 2004 (Noon) October 4,2004 [8J September 7, 2004 (Noon) August 16, 2004 D November 3, 2004 (Noon) October 18, 2004 c=J September 21 , 2004 (Noon) September 7, 2004 c=J November 16, 2004 (Noon) November 1,2004 0 Administrative 0 Development Plans (") NATURE OF 0 Consent Agenda 0 New Business 0 (") --I .r:- =i-< AGENDA ITEM c=J Public Hearing [8J Legal þo -'<0 c:: -:, -r¡ c=J c=J G:> Bids UnfInished Business - -OJ '·"0 0 Announcement 0 Presentation 0) ,~-< _....z c=J City Manager's Report -u .- .; --I :J!: - 0 Oz N -" .. -.,CD - "T1 RECOMMENDATION: Please place this request on the September 7,2004 City Commission Agenda ~er~?=; Legal, Ordinance - First Reading. The City Commission approved the subject request under Public Hearing on August 17:¡:; 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-189. EXPLANATION: PROJECT: Janis Group (NE 3rd Avenue) (ABAN 04-004) AGENT: Ron Janis / Karen Janis-Brown OWNER: N/A LOCATION: 409 NE 3rd Street DESCRIPTION: Request for abandonment of a portion of the Northeast 3rd Street right-of-way lying in the Plat of Arden Park. PROGRAM IMPACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: N/A ~ lty anager's 19nature tUL Planning and Zoning ector City Attorney / Finance / Human Resources S:\P!anning\SHARED\ WP\PROJECTS\4 E 3rd Street\ABAN\Agenda Item Request Janis Group NE 3rd ABAN 04-004 8-I7-04.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . . i! ORDINANCE NO. 04- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDON1vŒNT OF A PORTION OF THE NORTHEAST 3RD AVENUE RIGHT-OF-WAY LYING IN THE PLAT OF ARDEN PARK (ABAN 04-004); AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 3rd A venue right-of-way. This 40 foot wide unimproved right-of-way is situated between Lots 11 and 30 of the Arden Park Plat; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board, and the City Commission on the proposed abandonment; and 'VHEREAS, staff has detennined that the utility easement provides no public service; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COl\tIMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the Northeast 3rd A venue right-of-way. This 40 foot wide unimproved right-of-way is situated between Lots II and 30 of the Arden Park Plat, and more particularly described in the attached Exhibit "A." A location map is attached hereto as Exhibit "B." Section 3, The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be fiJed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shaH take effect immediately upon passage. FIRST READING this _ day of ,2004. S:ICAIOrdinanceslAbandonmentslAbandonement -04-004 - NE 3rd Avenue,doc --------~-- -.. . r -.....".~_........ _ _ ~.-.._"- _'_h_ __~._ ~- '<--~ -- --~ '....-- -'. . ----~~--_. .. SECOND, FINAL READING AND PASSAGE THIS _day of ,2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner AITEST: City Clerk S:\CA\Ordinances\Abandonments\Abandonement -04-004 - NE 3rd Avenue.doc EXHIBIT "A" That portion of a 40 foot roadway known as N .E. 3rd A venue, lying west of N .E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida. SUBJECT TO a utility easement 12,00 feet wide whose centerline is also the centerline of said N.E. 3rd Avenue. Containing 5,528.714 square feet more or less and subject to easements and right-of-way of record. S:\CA\Ordinances\AbandonmentslAbandonement -04-004 . NE 3rd Avenue,doc ----,-:" _~~:~__~_.......,_--= r-- ~.'..' - <.--. ..-., .-'1< I DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the Northeast 3rd Avenue right-of-way. This 40 foot wide unimproved right-of-way is situated between Lots 11 and 30 of the Arden Park Plat, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of September, 2004. A TIEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Kurt Bressner, City Manager City Clerk STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of September, 2004. NOTARY PUBliC, State of Florida My Commission Expires: S:\CA\Ordinances\Abandonments\Abandonement -04-004 . NE 3rt! Avenue_doc i EXHIBIT" A" That portion of a 40 foot roadway known as N.E. 3rd Avenue, lying west of N.E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida. SUBJECT TO a utility easement 12,00 feet wide whose centerline is also the centerline of said N.E. 3rd Avenue. Containing 5,528.714 square feet more or less and subject to easements and right-of-way of record. S:\CA\OrdinanceslAbandonmentslAbandonement -{J4-004 . NE 3rd Avenue,doc --..... --~ ---~ ~o..-~_~ ---..-...---~~.....~--.---_. -----<-.<--~ -~--,--.,-.-, - -~ -~-- -~-~= -- - . DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-189 TO: Chair and Members Community Redevelopment Agency THRU: MIchael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP crt Planner DATE: August 4, 2004 SUBJECT: Abandonment of a portion of Northeast 3rd Avenue ABAN 04-004 NATURE OF REOUEST The applicants, Ron Janis and Karen Janis-Brown are requesting to abandon a portion of the Northeast 3rd Avenue right-of-way. This 4O-foot wide unimproved right-of-way Is situated between lots 11 and 30 of the Arden Park plat The abandonment request was submitted on May 12, 2004. The platted roadway segment Is described as follows: ~ portion of N.E. 3rd Avenue lying In the Plat of Arden Park as recorded In Plat Book 2, page 96 of the Public Kecords of Palm Beach County, Rorlda. Said land being described as follows: Bounded on the North by the South line of lot 30 Arden Park; Bounded on the South by the North line of lot 11 Arden Park; Bounded on the west by the Northerly extension of the lot 11, Also being the west line of the plat Arden Park; and Bounded on the East by the Southerly extension of the East line of lot 30, also being the West right-of-way line of Northeast 3rd Street, as recorded in the plat of Arden Park. Containing 5,528.714 square feet more or less and subject to easements and right-of-way of record. The Exhibit "A" - Location Map shows the general vldnlty of the right-of-way to be abandoned. The ExhibIt "B"- "Proposed Abandonment" shows the exact location of the subject site and Its legal description. The followIng Is a description of the land uses and zoning dIstricts of all properties that surround the subject right-of-way. North - Developed commercial (Coastal Cydes), zoned General Commercial (C-4); South - Partially developed commercial (Fred & Joe's), zoned General Commercial (C-4); East - Right-of-way for Northeast 3rd Street; and west - Developed residential, Two-family Duplex Residential (R-2). Page 2 Memorandum No. PZ 04-189 ABAN 04-004 BACKGROUND The subject right-of-way (formally known as Sheppard Street) lies partially within the boundaries of the Arden Park Addition to Boynton plat. The plat, originally approved In April of 1913, included 172 individual lots, a 25-foot wide sbip of land along the Florida East Coast (F.E.C.) right-of-way, and several 10-foot wide and 40-foot wide alleys, which were dedicated for perpetual use by the public. The applicant informed staff that it is their intention to abandon the unimproved right-of-way in order to develop additional parking for their tenant (Coastal Cycles) located at 403 Northeast 3n:1 Street. ANALYSIS When a right-of-way, such as this alley, Is abandoned, the ownership of the abandoned land is transferred from the Oty of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would be affected by an abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. Adequate public notice was given to all affected property owners in accordance with Chapter 22, ArtIcle III, Section 4 of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. The applicants requesting this abandonment are the owners of the property to the north (lot 30 Arden Park). Public records indicate that Kenneth Schweitzer and Steven McGuirk own the property to the south (Lot 11 Arden Park). A summary of the responses from the utility companies and city staff is noted as follows: CIlY DEPARTMENTS/DIVISIONS Engineering - No objection Public Works / Utilities - Approval with conditions (see Exhibit "(" - Conditions of Approval) Planning and Zoning - Approval with conditions (see Exhibit "c" - Conditions of Approval) PUBUC UTILITY COMPANIES Florida Power and Ught - No objection BeIlSouth - No objection Florida Public Utilities Company - No objection Cable Company (Adelphla) - No objection Cable Company (Comcast) - N/A All public utility providers have indicated that they have no objection to the applicant's request for abandonment. However, It must be noted that a wastewater line Is currently located along the centerline of the unimproved roadway. Therefore, the Department of Public Works is requiring that a utility easement be dedicated over the abandoned portion of the right-of-way. A dedication of a utility easement would grant the Oty legal access to the property for maintenance or upgrade purposes, while still allowing the applicant to develop a portion of the property as a parking lot. Lastly, the subject right-of-way terminates to the west of developed property preventing future extension of this right-of-way to connect with Northeast 2nd Street. There are also no isolated parcels adjacent to the subject rlght- of-way which would rely solely upon this street for access. RECOMMENDAßON Staff has determined that the subject alley does not serve a public purpose, and therefore is recommending approval of the request to abandon this portion of the 40-foot unimproved roadway as r_~__<' __~ _.<b___.~'_--~_~~~- ---- _ _ .____.·<.~_.___?C_~·__r_ ....- --~'--~_-...-'-'_.>,...--'-~. ~- ---'-- _.~ ~-.-- ._--- ~--~--_._~~-~~'-_." .~, · Page 3 Memorandum No. PZ 04·189 ABAN 04-004 described above, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Community Redevelopment Agency Board or by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Pfanning\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\Staff Report.doc I IT'll I ! .. ~ ¡ 1 m-125.0reet ~ t; J j -I R I r': I I r .;e r. ~ .'2 J I J ¡ J N~ 4TJ .&au.... ! "þ ..... C4 I I ' I r,' ~ '~ ; I~ 1 EJ j I~ ~ 2 ~ tn J I I ~ NI=:Jm A;'IIf: - ~ I " ~ ~ ~ ~ I j j ~ I ¡o C3 ~ ~ I ê! '" J J j J MUYN I L.JN ...-........ ell \/n H( JYN I (IN ac AI"'U RI un J \ - ~ ~ ~ ¡... ~ J m ~ ~ r1 !:¡ LOCATION MAP ABAN 04-004 EXHIBIT "A" '-. ~;',~ ';'.; ~ -.", - ,- - r....-.-~""'......_~___"".'"'_ ' ---' -,-_.._-,.....--~...... -~ 1::JU111:J11 111:Jn j ~[ i( I I ~. WelS-I-úhc ú>fs // -S'O . ~ If (W..U,"'" .4,.""" ~-'... . r ~. f.} 4t?tJt;?, , . 11'1' 2.~ 8 8 8 '2, __ /:,tVoo~t?b'Ot7'·e-. ~ ~i ~ If ~ [~ , 'Zþ.O ZO.06' _ ' 50.0' ~ ~;..~ J ¡ ~ a: , ~~ . ~ . I · f jt ~ ~ ~ ir o~ '"::'\' ~ ,If 1:1 2: ~ ¡ ~ ~ ~, ~ ~ rig , § ! ~ . if 9' ~~ ~ . \I\~ I · a( I r r if ~ "' ~ ~ - It a, 2. tø~Z ,~ ~ ~ ~ ~' , e 6" Õ Õ "d 1 If ~ t' ~ ~ s ('\ I l . .. .. . r (\ '. ~~, <§ ~ f\' ' ! a, '0 ? ~ ì 2, [a: ~ ~ ~ ~" I~ ~ ~ ~ I t .,~ ~ f i i t j I i ~ _" ~ ~ ~ ~ t. ~~, ~ [ i ~ G '" "to I I r,.. I: B ~ ~ ",1110' ~2, ~' I: ~ i ~ ~ ~ ~o . I r "I ~ \ ~ r W "- ~ y~ ~ . I l.o ¡ ( . ~ '" ~ " . i t f . Ei ~¡¡- I I l 'i M - " ~-= ' 02. . l I: r I ~ ~r.B-- ~o.~ '. Wqj' ~hr.þ~. .' 20.2;:>' .so,~ I ~ i' r f ~ ¿;ì?~ .3 '-= 'I 2. ~ 0 ~ rei ;:$7" ~ .~,-:c-- __ ! l it i .. ¡ ~ . 4~ 4ð ê?J"fA/ i i '0 ~. _ ",' , r ~ r; . -----. É 4"1/1 N E - î~ ' . .:3RD~ ~I f Sì/.?E:EI z r ~ 'I ;- r I ¡ i IIUII ~ nUl6 ~ v¿ 71 1;1 . illlll I;I~~ ~~ ¡¥I ¡ ~I¡n ¡P~ 'II ~ I ¡; . & rlE~ ». \\ If'l II ¥ U . ~ u ~- ~ mi.- ..d~~ ~in ~ ~ in ~I~·l 11 § iU f rl~ i. ~I ~ ~ i I. 11"1. ~P¡~ ~ ~ _ roo : ~ f! §! § , ,,¡~ .. I~IIII I i1æ .~ Z~ ~ 3: ~ " ~ I" sl ð!t ~~ ) ~i~n . II~I I ~~.;, "":;, ¡~II~lt ~!~ ::c 0 "'.... 111'" ¡S~ ~.' ,~:~~J! ~ i'· ...Jill I -. )0'" -Hit· It ~ os: J I:' ~~::i: 1115-· ". "I; ~J ~; .: ¡!¡Ii ~ -ilì~ e; .~ Ih~ ';il :... -J' ~ ~~ EXHIBIT "C" Conditions of Approval Project name: 409 Northeast 3M Street File number: ABAN 04-004 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. A wastewater line is currently located within the centerline of the unimproved X roadway. Therefore, a utility easement is required to allow the City legal access to the site in case of an emergency. 2. No outside storage, structures, or landscaping shall be placed within the X confines of the required utility easement without the express written consent of the EnjÓneering Division of Public Works, 3. The legal description needs to read as follows: X "That portion of a 40-foot roadway know as N,E. 3rd Avenue, lying west of N .E. 3rd Street, lying south of Lot 30 and lying north of Lot 11, as shown on the Plat of ARDEN PARK, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida; SUBJECT TO a utility easement 12,00 feet wide whose centerline is also the centerline of said N .E, 3rd Avenue." POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION ",__~""",,-,,_~._,w___~,~~---<_~--=-_·_ ____" ...:_..-..:........<_~....- --"'---"""'-'.-- ,~ -" Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 4. The dedication of the utility easement shall occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S:\PIan'*'t¡ISHAREDlWP\PROJECTS\409 NE 3Rt SCreeIIAIIAN\COdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 409 Northeast 3rd Street (Janis Group, Inc.) APPLICANT'S AGENT: Ron Janis and Karen Janis-Brown APPLICANT'S ADDRESS: 608 North Dixie Highway Lantana, Florida 33462 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 17, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of the Northeast 3rd Avenue right-of-way located between Lots 11 and 30 of Arden Park. LOCATION OF PROPERTY: Located near 409 Northeast 3rd Street, which is located at the northwest corner of Northeast 3rd Street and Northeast 3rd Avenue, more generally located west of Railroad Avenue and north of Boynton Beach Boulevard. DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO, THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above, The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested, 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the pUblic and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\409 NE 3rd Street\ABAN\DO.doc --"';-_.~.~--,------.--~. <--~"'""'~~<-_._--'~ ....--.--~-'""-~. ~~.~--_."-' c_ _,___.._+_._. ,0' _ . _ .~_~,<_",,-.-,,__.....;.~.,-,-__-,_<~_-~___ ","- .._---...<-~. - - --,- --~- -- ~- .~-.. ,...--~~~-