Agenda 08-21-07
The City of
Bo'ynton B,each
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
AUGUST 21, 2007
Jerry Taylor
Mayor - At Large
Jose Rodriguez
Vice Mayor
Ron Weiland
Commissioner - District I
Mack McCray
Commissioner - District II
Carl McKoy
Commissioner - District IV
Kurt Bressner
City Manager
James Cherof
City Attorney
DISTRI T I
Janet M. Prainito
City Clerk
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES Be. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to impose
time limits on the discussion on an issue.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings. II
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission - Time Limit - Three (3) Minutes
· Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded, with the exception of Consent Agenda Items that have
not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit -
Three (3) minutes
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the presiding
officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or
step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the
presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority
vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission
Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach
Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every
month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to
Holidays/Election Day).
S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc
City of Boynton Beach
REGULAR CITY COMMISSION MEETING
AGENDA
August 21, 2007
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by
C. Pledge of Allegiance to the Flag led by Vice Mayor Jose Rodriguez
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMMUNITY Be. SPECIAL EVENTS Be. PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Discover Afterschool - October 18, 2007
b. C. Stanley Weaver -- Citation
c. Firefighter Appreciation Month - September, 2007
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
1
Agenda
Regular City Commission
Boynton Beach, FL
August 21, 2007
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
IV McKoy Arts Commission Alt 9 mo term to 12/07
IV McKoy Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (2)
III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3)
Mayor Taylor Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2)
III Rodriguez Cemetery Board Alt 9 mo term to 12/07 Tabled (2)
Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 Tabled (2)
I Weiland Code Compliance Board Alt 9 mo term to 12/07 Tabled (2)
Mayor Taylor Community Relations Board Alt 9 mo term to 12/07 Tabled (3)
I Weiland Community Relations Board Alt 9 mo term to 12/07
I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled (2)
II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2)
III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (2)
IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (2)
Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (2)
II McCray Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (2)
Mayor Taylor Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2)
I Weiland Veterans Advisory Commission Reg 33 mo term to 12/09 Tabled (2)
II McCray Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (2)
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. Agenda Preview Conference - August 3, 2007
2. Regular City Commission - August 7, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
1. Award piggyback to the City of Palm Bay, FL, RFP/Contract No. 39-0-
2007/SB with Aquifer Maintenance and Performance Systems, Inc.
(AMPS) for well rehabilitation services for an estimated annual
expenditure of $300,000.
2
Agenda
Regular City Commission
Boynton Beach, FL
August 21, 2007
2. Approve Birdie Golf Ball Company to Retrieve GOLF BALLS FROM THE
NINE (9) LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE, in
consideration of $5,450 annually paid to the golf course. (Proposed
Resolution No. R07-091)
3. Approve a contract for Design Services for $273,200 to Glatting Jackson
to provide construction documents, bidding assistance and construction
review for the Congress Avenue Community Park and Boundless
Playground RFQ #028-2730-07/0D in the amount of $273,200.
(Proposed Resolution No. R07-092)
4. Authorize the purchase of two (2) Lime Paste Slakers, Series A-758 for
the East Water Treatment Plant for a total amount of $143,336.
C. Resolutions
1. Proposed Resolution No. R07-079 RE: Amending
Rule #17 and Rule #3-M of the Cemetery Rules & Regulations.{Tabled
to August 7, 2007) (Request to table to August 21, 2007)
2. Proposed Resolution No. R07-093 RE: Amending the
lease agreement for Cingular's (formerly Bellsouth Mobility)
telecommunications tower at 300 East Woolbright Road (City's Little
League Field site) allowing an extension of the lease agreement and a
new provision for an option to expand the lease area by an additional 16
feet by 20 feet for potential future co-locations.
3. Proposed Resolution No. R07-094 RE: Approving and
authorizing execution of Task Order No. U07-4-3 with Camp Dresser &
McKee Inc. (CDM) for the initial design of an on-site sodium hypochlorite
generation system, to be located at the East Water Treatment Plant in
the amount of $52,609.
4. Proposed Resolution No. R07-095 RE: Approving and
authorizing execution of an agreement with Palm Beach County in
furtherance of an approved invasive non-native plant species removal
project for Quantum Park site.
5. Proposed Resolution No. R07-096 RE: Approving and
authorizing execution of an amendment to Interlocal Agreement (R2003-
0174) with Palm Beach County for the operation of the radio system
keeping the agreement in force until February 4, 2011.
6. Proposed Resolution No. R07-097 RE: Approving and
authorizing execution of an agreement for Water Service Outside the City
Limits with Gentil Felicite for the property located at 3959 89th Road
South, Boynton Beach, FL.
3
Agenda
Regular City Commission
Boynton Beach, FL
August 21, 2007
7. Proposed Resolution No. R07-098 RE: Approving and
authorizing execution of an agreement for Water Service Outside the City
Limits with Laura K. Zdul1iak for the property located at 3945 89th Road
South, Boynton Beach, FL.
8. Proposed Resolution No. R07-099 RE: Approving and
authorizing execution of an agreement for Mitigation of Roadway
Improvements between the City of Boynton Beach, FL and Boynton
Industrial, LLC.
D. Approve release of a Performance Bond (#1018459) for a Temporary Certificate
of Occupancy posted with Lexon Insurance Company in the amount of
$2,538,100 for the project known as Monteverde at Renaissance Commons.
E. Approve release of a Performance Bond (#LS10022230 posted by Guarantee
Company of North America USA) in the amount of $203,588 and a Performance
Bond (#1010065 posted by Lexon Insurance Company) in the amount of
$192,962 posted by D.R. Horton, Inc. in connection with Palmyra Phase II.
F. Approve additional funds in the amount of $18,352 to complete the Avenue of
the Arts year long on-loan sculpture program.
G. Receive revisions to the Recreation & Parks Department Revenue Policy Manual
regarding fees and charges and accounting for all revenue and provide an
effective date of October 1, 2007.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
HARBOR CAY (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
Harbor Cay, LLC
East side Federal Highway; approximately 160 feet north of
Gateway Boulevard.
Request for a one (1) year site plan time extension for Harbor Cay
(NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to
May 2, 2008. (Tabled to August 21, 2007)
BOYNTON BAY (LUAR 07-002)
Weiner & Aronson, P.A.
The Hamlet, L TD
West of Federal Highway and south of Gateway Boulevard
4
Agenda
Regular City Commission
Boynton Beach, FL
Description:
August 21, 2007
Request to amend the Comprehensive Plan Future Land Use Map
from High Density Residential (HDR) to Special High Density
Residential (SHDR) (1st Reading of Proposed Ordinance No.
07-020)
Request to rezone from Multi-Family Residential (R-3) to Planned
Unit Development (PUD) (1st Reading of proposed Ordinance
No. 07-021)
Proposed Use: Residential development consisting of 420 residential units (240
existing for rent units, 180 new for sale units including 45 for sale
work force units) for an overall density of 19.93 dwelling units per
acre (dujac).
c.
Project:
Agent:
Owners:
Location:
Descri ption:
D.
Project:
Agent:
Owners:
Location:
Description:
CHILDREN'S SERVICES COUNCIL (HTEX 07-003)
Christopher H. Miller, Architecture 6400, Inc.
Children's Services Council of Palm Beach County
Lot 91 of Quantum Park, northeast corner of Gateway Boulevard
and High Ridge Road
Request for Height Exception of eight (8) feet - six (6) inches
above the maximum building height of 45 feet allowed in the PID
zoning district for rooftop equipment.
CHILDREN'S SERVICES COUNCIL (CDPA 07-002)
Christopher H. Miller, Architecture 6400, Inc.
Children's Services Council of Palm Beach County
Lot 91 of Quantum Park, northeast corner of Gateway Boulevard
and High Ridge Road
Request for approval of a Community Design Plan Appeal against
the requirement for screening of rooftop equipment.
IX. CITY MANAGER'S REPORT:
A. Discussion of disposition of Old High School
X. FUTURE AGENDA ITEMS:
A. Discussion of Resolution No. 03-164 (Tabled)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
5
Agenda
Regular City Commission
Boynton Beach, FL
August 21, 2007
1. Proposed Ordinance No. 07-019 RE: Abandonment
of an alley between NE 7th Avenue and NE 8th Avenue, along the
boundary of the Lake Addition and Boynton Place Subdivisions. (ALLEY
BETWEEN NE 7th AVENUE/NE 8th AVENUE - ABAN 07-003)
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 07-022 RE: Amending
Section 18-135 of the Code of Ordinances, entitled "Board of Trustees" of
the General Employees Pension Plan.
2. Proposed Ordinance No. 07-023 RE: Amending
sections 26-9 and 26-34 of the City's Code governing rates for potable
water, wastewater and capital facilities charges.
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
A. Reconsideration of formation of a 501c3 not-for-profit corporation called the
Boynton Beach Community Foundation.
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL 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 TH'= 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 ACTIVITY CONDUCTED 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.
AGENDA 8/17/07 9 A.M.
S:\CC\WP\CCAGENDA\AGENDAS\yEAR 2007\082107 FINAL DRAFT. DOC
6
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.I.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 Citv Clerk's Office Meeting Dates in to City Clerk's Office
t:8J August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September] 7,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
t:8J Announcemen ts/Presentati ons 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA TlON: Permit Proclamation
EXPLANA TlON: October 18,2007 is the day of national celebration of Discover Afterschool, that promotes the
critical importance of quality afterschool pro~rams in the lives of children, their families and their communities.
PROGRAM IMPACT: More than 28 million children in the U.S. have parents who work outside the home and 14.3 million
children have no place to go after school. Prime Time Palm Beach County, Inc. has provided significant leadership in the
area of community involvement in the education and well being of our youth, grounded in the principle that quality
afterschool programs are key to helping our children become successful adults.
FISCAL IMPACT: N/A
AL TERNA TlVES: Do not approve the proclamation
K~
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney I Finance
S.\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Proclamation
WHEREAS, the citizens of the City of Boynton Beach stand firmly committed to quality afterschool
programs and opportunities because they
Provide safe, challenging, engaging and fun learning experiences to help children and youth
develop their social, emotional, physical, cultural and academic skills
Support working families by ensuring their children are safe and productive after the regular
school day ends
Build stronger communities by involving our students, parents, business leaders and adult
volunteers in the lives of our young people, thereby promoting positive relationships among
children, youth, families and adults
Engage families, schools and diverse community partners in advancing the welfare of our
children.
WHEREAS, Prime Time Palm Beach County, Inc., has provided significant leadership in the area of
community involvement in the education and well-being of our youth, grounded in the principle that
quality afterschool programs are key to helping our children become successful adults
WHEREAS, October 18, 2007, is the day of national celebration of Discover Aftershcool, that
promotes the critical importance of quality afterschool programs in the lives of children. their families
and their communities.
WHEREAS, more than 28 million children in the US. have parents who work outside the home. and
14.3 million children have no place to go after school
WHEREAS, many afterschool programs across the country are facing funding shortfalls so severe that
they are being forced to close their doors and turn off their lights
NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, Florida, do hereby proclaim
October 18, 2007 as
"Discover Afterschool Day"
and urge the citizens of Boynton Beach to enthusiastically endorse "Discover Afterschool" and commit
our City to engage in innovative afterschool programs and activities and ensure our children and youth
have access to affordable, high quality afterschool programs during non-school hours
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton
Beach, Florida, to be affixed this 21st day of August, Two thousand Seven.
Jerry Taylor. Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.I.b
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
t:8J August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20,2007 (Noon) 0 November 7, 2007 October IS, 2007 (Noon)
0 September 18,2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) , -, December 4, 2007 November 19, 2007 (Noon)
L..
RECOMMENDATION: Permit presentation of Citation
C")
n::j
::;-<
-<0
()'"T'J
r- OJ
I""'lO
:::;:)-<
;;:l::......
-0 u)~
:x: o~
.z::- '"T'J -
"CD
o -fTl
en n>
tTln
EXPLANATION: The Lake Worth Drainage District has requested this document to honor C. Stanley Weaver, who rit1red
from service as a Supervisor in February 2007. In honor of his many achievements, the Lake Worth Drainage District has
renamed the Boynton Canal as the C. Stanley Weaver Canal. In 1951, Mr. Weaver served on the Boynton Beach City
Commission and is a former mayor of the City as is his father and grandfather.
Announcements/Presentations
Consent Agenda
o
o
o
o
o
. 0
CIty Manager's Report-.J
N. C-
ew BUSIness c::
r-
N
-.J
Legal
Unfinished Business
NATURE OF
AGENDA ITEM
t:8J
o
o
o
o
Administrative
Code Compliance & Legal Settlements
Public Hearing
PROGRAM IMPACT: Presentation will heighten public awareness ofMr. Weaver's many public contributions to the
community and the region.
FISCAL IMPACT: None
AL TERNA TIVES: Not permit presentation of Citation
uJry"-'- ~ ~a/>
Departm t Hea SIgnature
Assistant to City Manager W,../'
Public Affairs
Department Name
City Attorney I Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC
Citation
Boynton Beach is fortunate to have manv citizens who take an active role in their communi tv
- -' -
and who are committed to improving the quality of life for everyone who lives, works and
plays here. These people offer their time and talent with no expectation of reward other than the
satisfaction of knowing they have made a valuable contribution to the needs of society. One
such person is C. Stanley Weaver, who was elected to the Boynton Beach City Commission in
1951 and later served as the City's mayor.
Mr. Weaver's family has a long tradition of public service to the community. His father and
grandfather before him served as mayors of Boynton Beach. Graduated from the Boynton High
School in 1937, and later from the University of Florida with a bachelor's degree in political
science and history, Mr. Weaver served in the U.S. Army during World War II where he \vas
an air transport commander in West Africa.
Mr. Weaver worked on his family's dairy farm from 1946 to 1973 and later became a real
estate broker. He was instrumental in saving the Boynton Elementary School and having it
placed on the National Register of Historic Places. He served as First President of the Boynton
Cultural Center from 1996 to 1998.
Since 1960, Mr. Weaver served the Lake Worth Drainage District as a supervisor. During his
tenure, he displayed extraordinary leadership, unquestionable devotion and admirable ability,
.. which resulted in the Lake Worth Drainage District achieving recognition as one of the
outstanding special taxing districts in Florida. Mr. Weaver retired from service in February
2007 and in recognition the Lake Worth Drainage District honored Mr. Weaver by renaming
the Boynton Canal as the C. Stanley Weaver Canal.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City or
Boynton Beach, Florida, recognize with this Citation
C. Stanley Weaver
for his many valuable contributions on behalf of the citizens of Boynton Beach and the entire
regIOn.
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, the 21 st day of August. Two Thousand
and Seven.
Jerry Taylor. Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
~\"fYO""
'\'\
\ ... ," 'I
1ll'. IX
0\ .,' (j
;..'\, ,/ \~
'" . "f.' /
~..._~,
."'ON V
III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.I.c
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
[gJ August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon
0 Septernber 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15, 2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
t:8J Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrativ~ 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approve proclamation addressing firefighter support of the Muscular Dystrophy
Association (MDA) and announcement of Firefighter Appreciation Month.
EXPLANATION: This is an annual recognition by MDA for firefighter support through "boot drives". In 2006, the
Boynton Beach Firefighters brought in more than $14,500 for those affected by neuromuscular diseases.
PROGRAM IMP ACT: Firefighters across the country collect millions of dollars each year for MDA research and
associated programs with their annual "boot drives".
FISCAL IMPACT: N/A
AL TERN A TIVES: Do not approve this proclamation.
Note: Firefighters will be filling the boots on the following dates at major intersections throughout the city.
Friday 8/31 3:00pm to 6:00pm
Saturday 9/01 10:00am - 12 Noon and 3:00pm - 6:00pm
Sunday 9/02 lO:OOam - 12 Noon and 3:00pm - 6:00pm
Monday 9/03 10:00am - 12:00pm
Manager's Signature
Assistant to City Manager ChIAV
.h-LLS ~rc~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
PROCLAMATION
Whereas, fighting fires is one of the most hazardous professions, requiring physical strength.
stamina, extensive training, courage, selfless concern for the welfare of our citizens: and
Whereas, in addition to their daily service to communities, firefighters throughout the state and
across the nation have joined the Muscular Dystrophy Association for more than 50 years in the
fight against neuromuscular diseases; and
Whereas, the Muscular Dystrophy Association is extremely grateful to the firefights of the City
of Boynton Beach whose 2007 "Fill the Boot" campaign will assist MDA in providing medical
services at local clinics, summer camp, research grants, support groups, and public education
seminars at no cost to local children and families; and
Whereas, in honor of the efforts of the firefighters of the City of Boynton Beach the MDA is
sponsoring Boynton Beach Firefighter Appreciation Month for the month of September 2007;
and
Whereas, it is appropriate for all Boynton Beach citizens to join the Muscular Dystrophy
Association in this tribute to our firefighters.
Now, therefore, L Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of
, , Boynton Beach, Florida, hereby proclaim the month of September 2007, as:
Boynton Beach Firefighter Appreciation Month
in Boynton Beach and urge all citizens to reflect on the valuable contribution Boynton Beach
Firefighters make to the Muscular Dystrophy Association.
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, the 21 st day of August, two thousand
and seven.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
v. "'...,....&.....L..;J . ",",..L V K;
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 8/21/07
NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION
SUBMITTED
Barnes Matthew Planning & Arts Commission 03/05/07
Development Board
Cwynar William Planning & 02/28/07
Development Board
* * * Leuchter Kurt Veterans Advisory 5/9/07
Commission
***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does
allow one regular member and one alternate member to reside outside the City limits.
Those two positions are currently filled.
1
~"'fY 0"
< G, < "~,,<'
0'
,\ ..'.."""
<,M, "-, ",", '<
: . - ~
,.<"" r 0 .~^' <:;;>
VI.-CONSENT AGENDA
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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
[8J August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20,2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19, 2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to "piggy-back" the City of Palm Bay, Florida RFP/Contract no. 39-0-2007/SB with
Aquifer Maintenance and Performance Systems, Inc. (AMPS) for well rehabilitation services for an estimated annual
expenditure of $300,000.00
EXPLANATION: Procurement Services received a request from the Utilities Department to utilize the new RFP/Contract
no. 39-0-2007/SB, effective August 1,2007 and ending July 31,2008, with the City of Palm Bay, Florida for the
rehabilitation of wells within the City Of Boynton Beach. This contract replaces the previous contract that was piggy-backed
by the City of Boynton Beach and expired in June 2007. The Utilities Department began utilizing the City of Palm Bay's
contract with AMPS in January 2004 which resulted in successful rehabilitation of wells throughout the City Of Boynton
Beach at a significantly reduced price. The Utilities Department also has wells 12W, 17E and 18 to complete and estimates
are $10,000.00 per well and $15,000.00 per pump and motor.
The savings to the City as a result of utilizing the contract has been over $500,000.00.
PROGRAM IMP ACT: Rehabilitation of a well is necessary when there is a decrease in production of water from the well.
The rehabilitation provides a more efficient well with increased production of drinking water. Efficiency and production
change for a variety of reasons, examples are: time, change in water source, change in water table level, failure of a pump or
motor. This contract provides a viable way to have a timely response to well production changes.
FISCAL IMPACT: CIP Renewal and Replacement Account Number: 403-5000-590-96-02
ALTE~S' Well 'eha:::: ",d 'eplacement at a ';gn;ficantly Ill~
Dep~ S;gnah;;e C;ty Manag",', S;gnatme
Assistant to City er ~
Procurement Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
MEMORANDUM
Utilities #07-98
Date:
Bobby Jenkins
Asst. Finance Director ~
Kati Baateng / ,(\ -,' /Vv-- ~ C
Director of Utilities \ VUT
July 20, 2007
L
I
To:
From:
Subject:
Piggy-back City of Palm Bay Bid/Contract #23-0-2002
For well Rehabilitation Services
Agenda Item- (next available)
The Utilities Department is requesting that the Procurement Division place on the
next available Commission agenda approval to Piggy-back the City of Palm Bay
Bid/Contract #39-0-2007/SB. This piggy-back bid begins August 1, 2007 and
ends July 31,2008.
The Utilities Department began utilizing this contract January 2004 and has been
successful in rehabilitating wells. The Utilities Department also has i 2VV, 17E
and 18 to complete and estimates are $10,000 per well and $15,000 per pump
and motor. The department estimates spending approximately $300,000 per
year. By utilizing this contract we are able to save money. In the recent past we
went out to bid for Well rehabilitation and possible well reconstruction (new wells
at existing sites). The bids were over $1 million. We have been successful in
rehabilitating existing sites and saving over $.5 million.
Attached please find the original bid/contract and on-going amendments. Funds
are available in the, Utilities Reserves, Renewal and Replacement account 403-
5000-590-96-02, WTR075. Please place this on the next available agenda for
approval.
Cc: Phill Taylor
Barb Conboy
~I/L//L~~/ ~~.JL
OLJ.::J;.JL..J'-ttJJ.
~ ._,~.:'1(r
---./ '
~C'l"",,,,~...
~Arl '\',
~
."~-~~\""~.~. ..
.~I
Palm Bay
June 28, 2007
James Murray
President
AMPS, Inc
7146 Haverflill Road N
West Palm Beach FL 33407
RE: City of Palm Bay RFP #39-0-2007
Well Rehabilitation Services
Dear Mr. Murray
On June 21. 2007, the City of Palm Bay City Council awarded the above referenced proposal to your company
in full accordance with the terms, conditions and specifications as stipulated in the proposal document.
Please sign this Notice of Award and two (2) copies of the enclosed Service Agreement and return to the City
of Palm Bay Purchasing & Contracts Division, 120 Malabar Road, SE, Palm Bay, FL 32907.
Deliveries or contractual performance shall not commence until authorization is given by issuance of a
Purchase Order either verbally and confirmed In writing; or, by receipt of a Purchase Order document.
Please submit an updated insurance certificate for your Worker's Compensation poiicy. The certificate
included with your proposal shows this policy has expired. At! other policies are on file and unexpired. This
certificate is required to be returned with your acceptance of this notice.
We appreciate your interest in the City of Palm Bay and look forward to future contact with your company.
Sincerely,
By:
~1U Na erntl.(~b'l-
SlgnatO ~ Date -
Enclosures (3): Copy of Original signed Notice of Award Letter
Agreement for Services - 2 coples
CITY OF PALM BAY
B~~~M~~, :Z~,~ FCPM, FCPA
Manager, Purchasing & Contracts Division
'H'''' ..~ ...." __"M' " ' "_.'",, .... ..., ".' ._,.... ~,~..... ,,_,'.,___~. _ .. ..... ...,..-... "." ...,~....... H ",'J. "'.. ..... __. .,_.. .
Purchasing & Contracts Division
120 Malabar Rood SE · Palm Boy, FL 32907.3009
Phone: 321.9523424 · Fox: 321.952.3401 .www.polmboyfl01'idQ.org
_.........,--.'. ".. ,.... ,.'.....o.__H.. '__HH_ _ _....., .",' ......... do'
UI/.LI/LUUI U:J..:lL
..JL.l:J~Lj4t:.J.L
'u":'" i ~i I .......1:..._1'1 UH 1
AGREEMENT FOR
WELL REHABILITATION SERVICES
I'--
THIS AGREEMENT, made thisL2 day of, J ku( 2007, by and between the City of Palm Bay,
120 Malabar Road, SE, Palm Bay, FL 32907, a municipal corporation existing under the laws of the
State of Florida, hereinafter referred to as the "City" and, AMPS, Inc., hereinafter referred to as the
t1Contractor", for the term specified herein, with the City having the option to extend tt1lS Agreement
for an additional period of time, upon mutual agreement of the parties. therefore, for good and
valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree
as follows:
WITNESSETH:
I. DOCUMENTS
The following documents are hereby incorporated into and made part of this agreement.
(i) Specifications and Contract Documents prepared by the City of Palm Bay, "Well
Rehabilitation Services" RFP #39-0-2007/SB (Exhibit A).
(ii) Prooosal for the City of Palm Bay prepared by Contractor dated June 4, 2007 (Exhibit B)
All exhibits may alsO be collectively referred to as the "Documents". in the event of any conflict
between the Documents or any ambiguity or missing specifications or instruction, the following priority
is established:
A. Specific direction from the City Manager (or designee).
B, This Agreement dated '7'(3 ,2007 and any attachments.
C. Exhibit A
D. Exhibit B
II. SCOPE
The Contractor is to perform the Work under the general direction of the City as defined in ti18
Request for Proposal and amendments, if any, the Request for Proposal and any amendments
thereto being attached hereto as Exhibit "A"(City's Request for Proposal), incorporated by reference
herein and made a part thereof as fully as if herein set fol\h.
Unless otherwise specified herein, the Contractor is to furnish alt materials, tools, equipment,
manpower, and consumables to complete the Work.,
By signing this Agreement, the Contractor represents that it has inspected the work site (as described
in the Documents) and has thoroughly reviewed the documents incorporated into this Agreement by
reference and that it accepts the work and the conditions under which the work is to be performed.
~(!l(!L~~( ~~:~L
~Ll~:JL.jqljl
v.'..! i ur rHLlvI DHT
t 1-1~L-
III. TERM OF AGREEMENT
The period of this Agreement shall be for twelve (12) months, beginning on August 1, 2007 and
ending on July 31, 2008. This Agreement may, by mutual written assent of the parties, be extended
for four (4) additional twelve (12) month periods or portions thereof, up to a cumulative total of sixty
(60) months.
IV. COMPENSATION
The Contractor agrees to provide the services and materials as specified in its proposal to the City
at the unit costs specified in said proposal and amendments, if any. thereto being attached hereto
as Exhibit "B" (proposal sheets) and incorporated by reference herein and made a part hereof.
The amount as specified in Exhibit "8" (proposal sheets), may be increased or decreased by the
City under this agreement, through the issuance of a written Addendum.
Any prices specified in this Agreement or Addendum thereto, will remain firm for the term of this
Agreement or Addendum period.
V. PAYMENT
Upon acceptance of work by using department of the City, employees and others, the City shall make
payment to the Contractor in accordance with the Florida Prompt Payment Act, Section 218.70,
Florida Statues.
The City reserves the right. with justification, to partially pay any invoice submitted by the Contractor
when requested to do so by the using City department. All invoices shall be directed to the Accounts
Payable Section, City of Palm Bay, 120 Malabar Road, SE, Palm Bay, FL 32907.
NOTE: ALL INVOICES MUST CLEARLY INDICATE THE CITY PURCHASE ORDER NUMBER.
VI. GENERAL CONDITIONS
A. Patents
The Contractor shall pay all royalties and assume all costs arising from the use of any
invention, design, process, materials, equipment, product or device in performance of the
Work, which is the subject of patent rights or copyrights Contractor shall, at its own expense,
hold harmless and defend the City against any claim, suit or proceeding brought against the
City which is based upon a claim, whether rightful or otherwise, that the Work, or any part
thereof, fumished under this Agreement, constitutes an infringement of any patent or
copyright of the United States or any other country. The Contractor shall pay all damages
and costs awarded against the City and acknowledge other and additional good and valuable
consideration for this provision.
07/17/2007 0g:32
321 %23401
l,l I Y Ur ,?4L1'" D?4 Y
........''--''',-
B. Indemnification
For oUler and additional good and valuable consideration, the receipt and sufficiency of which
is herby acknowledged, the Contractor agrees on Contractor's behalf, and, including but not
limited to and on behalf of its employees, suppliers, agents, officers, representatives.
contractors, subcontractors, and all others working for and/or on behalf of the Contractor
(hereinafter Contractor) to indemnify and hold harmless the City and including but not limited
to all of its employees, suppliers, agents, officers, representatives, contractors,
subcontractors and all others working on behalf of the City (herein after "City") from and
against all liability, costs, and expenses, including but not limited to attorney's fees, experts
and consult fees, and suit costs for both trial and appeal, any and all claims, demands,
judgments, loss or damages on account of injuries, disease or death to any person or
damage to property, or any type of 10$$ or damage whatsoever arising out of or in connection
with misconduct, deliberate, intentional or negligent performance, non performance or other
breach of obligation hereunder by Contractor.
In addition, Contractor shall indemnify, defend and hold harmless City against all liability,
costs, expense, expert witnesses' fees, attorney's fees, claims, losses or damages that
the City may incur arising from the following:
(1) A violation by Contractor of any applicable federal, state or local law, rule or
regulation including, without limitation, performance conditions in this
Agreement;
(2) Any penalty or fine incurred by or assessed against City to the extent caused by
any act of the Contractor;
(3) Any injury, illness, disease, death or other harms suffered or incurred by any
employee of Contractor, resulting from the failure of Contractor to comply with
applicable health and safety procedures, regardless of whether or not the entity
involved has adopted OSHA or EPA safety and health protocols and
procedures;
(4) Any patent or copyright infringement by Contractor;
(5) Any lien or other claim by contractor inconsistent with this Agreement;
(6) Any obligation of City resulting from Contractor's errors, omissions or breach of
obligation
C. Environmental Health and Safety
Contractor 511all place the highest priority on health and safety and shall maintain a safe
working environment during performance of the Work. Contractor shall comply, and shall
secure compliance with all applicable environmental, health, safety and security laws and
~ffllfL~~1 ~~.0L
..JLl ~:.JL04i:.Il
v_'. I T Ur- r"-1LIYI DHT
J HUe. tJO
regulations, and performance conditions in this Agreement. Compliance with such
requirements shall represent the minimum standard required of Contractor, Contractor shall
be responsible for examining all requirements and determine whether additional or more
stringent environmental, health, safety and security provisions are required for the Work.
Contractor agrees to utilize protective deices as required by applicable laws, regulations, and
any industry or Contractor's health and safety plans and regulations. and to pay the costs and
expenses thereof, ~nd warrants that all such persons shall be fit and qualified to carry out the
Work.
Nothing contained in this Agreement shall affect Contractor's status as an Independent
contractor. Contractor shall ensure that the provisions of this Agreement are made binding
on all persons or entities who perform on Contractor's behalf. A violation of this provision
shall be considered to be a material and substantial breach of this Agreement.
D. Termination
City shall have the right at any time to terminate the Work, with or without cause, upon thirty
(30) days written notice (the "Termination Notice"). In the event the contract is terminated
by the City the Contractor shall only be entitled to payment for the Work performed to the
date of the termination and it shall not be entitled to receive any amount for other and
additional good and valuable consideration the receipt of which is hereby acknowledged by
the parties hereto, the Contractor covenants and agrees that in the event of any delay of
construction and notwithstanding the reason for the delay or who caused the delay or
whether it was caused by the City, that there will be no entitlement to Contractor to or for any
direct or indirect financial damages, expenses, impacts or losses for extended corporate
overhead impacts, extended project overhead impacts, project support services, extended
support services impacts, inadequate drainage system impacts, unsuitable subsurface
conditions impacts, non-cooperation of Contractor's, subcontractors or any independent,
non-affiliated contractors impacts for other contractors' conduct or failure to perform, or by
whatever other label or legal concept or theory, or any business damages, or business
losses, Or financial impacts of whatever type or nature, and Contractor hereby waives any
right to make any such claim or claims. Tllis provision will have no application or effect
when construction delays are anticipated and agreed upon by both the City and the
Contractor.
E. Warranty
The Contractor warrants that the Work including, but not limited to the equipment, materials
and employees provided shall conform to professional standards of care and practice in
effect at the time the Work is performed, shall be of the highest quality and be free from all
faults, defects or errors. Whenever required by the specifications of the Request for
07/17/2007 09:32
321 %23401
CliY ~r ~AL~ bAY
Proposal, the Contractor warrants that all equipment and materials provided shall be new. If
the Contractor is notified in writing of a fault, deficiency or error in the equipment, materials,
Work or criminal records of employees provided within ten (10) days from the discovery of
any fault, deficiency or error of the Work, the Contractor shall, at the City's option, either 1)
re-perform such portions of the Work to correct such fault. defect or error, at no additional
cost to the City, or 2) refund to the City, any amounts paid by the City that are attributable to
such portions of the faulty, defective or erroneous Work. including the costs for re-
performance of the work provided by other Contractors.
ALL EQUIPMENT AND MATERIALS PROVIDED AND USED BY THE CONTRACTOR
SHALL BE MERCHANTABLE AND BE FIT FOR THE PURPOSE INTENDED.
THE CONTRACTOR SHALL BE LIABLE FOR SECONDARY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY NATURE RESULTING FROM ANY WORK
PERFORMED UNDER THIS AGREEMENT.
F. Time of Completion
The parties understand and agree that time is of the essence in the performance of this
Agreement. The Contractor or City, respectively, shall not be liable for any loss or damage
resulting from any delay or failure to perform its contractual obligations withIn the time
specified due to but not limited to acts of God, actions or regulations by any governmental
entity or representative, strikes or other labor trouble. fire, natural or man-made disasters, or
any other causes, contingencies or circumstances not subject to the Contractor's or City's
control, respectively, whether of a similar or dissimilar nature, that prevent or hinder the
performance of the Contractor's or City's contractual obligations. Any such causes of delay,
even though existing on the date of the Agreement or on the date of the start of Work, shall
extend the time of the Contractor's or City's performance by the length of the delays
occasioned thereby, including delays reasonably incident to the resumption of normal Wark
schedules. However, under such circumstances as described herein, the City may at its
discretion, cancel this Agreement at its sole discretion for the convenience of the City and the
Contractor shall only be entitled to compensation for all work satisfactorily performed and the
limitation of damages provision contained in Section VI ~ LIMITATION OF LIABILITY shall
apply.
G. Liquidated Damaaes
Parties agree that damages are difficult to determine but the following liquidated damages
are agrt:led to be a reasonable cost for any delays: If the Contractor shall neglect, fail or
refuse to complete the Work within the time specified, or any proper extension thereof
granted by the City, then the Contractor hereby agrees, as part consideration for awarding
the Agreement, to pay the City the sum of One-Hundred Dollars ($100.00), for each and
....../..... If "'-..........1
every calendar day that the Contractor shall be in default after the time stipulated in the
Agreement for completing the Work. The Contractor and City acknowledge and agree that
said sum is not a penalty but liquidated damages for breach of contract.
H. Insurance ReQuirement$:
The Contractor, at its own expense, shall keep in force and at all times maintain during the
term of this Agreement:
a. Cc;>mmerclal General L1abilltv: The contractor shall provide minimum limits of
$1,000,000.00 each occurrence, $1,000,000.00 annual aggregate combined single
limit for bodily injury and property damage liability, This shall include
premises/operations, independent contractors, products, completed operations,
broad form property damage, personal and advertising inJury, and contractual
liability, specifically confirming and insuring the indemnification and hold harmless
clause of the contract. This policy of insurance shall be considered primary to and
not contributing to any Insurance maintained by the City of Palm Bay and shall name
the. City of Palm Bay as an additional insured. The policy of insurance shall be written
on an .occurrence" basis and form.
b. Automobile L1ablllty Insurance:
Contractor shall provide minimum limits of liability of $1,000,000.00 each accident,
combined single limit for bodily injury and property damage. This shall include coverage
for:
. Owned Automobiles
. Hired Automobiles
.. Non-Owned Automobiles
c. Workers' Compensation Coveraae:
Full and complete Workers' Compensation Coverage, including coverage for Employer's
Liability, as required by State of Florida law, shall be provided.
d. Insurance CertIficates:
The City of Palm Bay is to be specifically included on all certificates of insurance (with
exception to Workers Compensation) as an additional insured. All certificates must be
received prior to commencement of service/work. In the event the insurance coverage
expires prior to the completion of this contract, a renewal certificate shall be issued thirty
- (30) days prior to said expiration date. The certificate shall provide a thirty - (30) day
notification clause in the event of cancellation or modification to the policy.
The Contractor shall declare any self-insured retention or deductible amount in excess of
$5,000 for any policy. The City reserves the right to reject any self-insured retention or
'J I / .1. ," / ":""L'U r
-....1"::"'.1. .....h..J..::...J-"U":'"
.----.~....
'......~/
deductible in excess of $5,000.
All insurance carriers shall be rated (A) or better by the most recently published A.M.
Best Rating Guide Unless otherwise specified, It shall be the responsibility of the
contractor to insure that all subcontractors comply with the insurance requirements set
forth in this Agreement. The City may request a copy ofthe insurance policy according to
the nature of the project. City reserves the right to accept or reject the insurance carrier.
Contractor shall obtain insurance on an "occurrence" basis if such insurance is
available at commercially reasonable premium costs. Any insurance on a "claim
made" basis shall be maintained for at least three (3) years after acceptance of the
Work.
I. Acceptance
The City will be deemed to have accepted the Work after the Purchasing Agent is notified by
the appropriate City department(s) of its satisfaction that the work for their respective
department(s) is completed.
J. Correction of Work
The Contractor shall promptly correct all Work rejected by the City for failing to conform to
this Agreement. The Contractor shall bear all costs of correcting such rejected Work.
K. Rieht to Audit Records
The City shall be entitled to audit the books and records of the Contractor or any
sub-contractor to the extent that such books and records relate to the performance of this
Agreement or any sub-contract to this Agreement. The Contractor shall maintain such books
and records for a period of three (3) years from the date of final payment under this
Agreement and by the sub-contractor for a period of three (3) years from the date of final
payment under the sub-contract unless a shorter period is otherwise authorized in writing.
L. Time is of the Essence
The parties agree that time is of the essence in the completion of the Work called for under
this Agreement. By executing this Agreement, Contractor affirms that it believes the
schedule to be reasonable; provided, however, the parties acknowledge that the schedule
might be modified as the City directs.
The Contractor agrees that all WorK sllall be prosecuted regularly, diligently, and
uninterrupted at such a rate of progress that will ensure full completion thereof within the time
specified.
07 17/2887 10:09
32195234i)~
C:TV OF PALM SAV
F)t.\f,[ 09
M. Information.
All information, including but not limited to data, documents, plans, and specifications
furnished to or developed for the City oy the Contractor or its employees. pursuant to this
Agreement, excluding previously copy written materials, sha!! be the sole property of ttle City
and all rights therein are reserved by the City, e:xcept that the Contractor may oisclose any
suet, informetlon to jts corporate affiliates and their agents
N. Extra Work
The City, without invalidating this Agreement, may order ctlanges ir thf!' Work within the
general scope of this Agreement consisting of edditions, deletions, or other revisions, the
Agreement price and time being adjusted accordingly. .Al! such cl1anges in the Work shall tie
authorized by writlen Addenda to this Agreament, and shall be executed i.lnder the appltcable
conditions of the Agreement.
If the Contractor plans to make a claim for an increase in the Agreement prtce or 13m
extension In the Agreement SchedulefTerm, written notice shall first given to the City within
ten (10) calendar days after the OCcurrence of the event giving rise to such a claim. The
Contractor she.1I give this written notice to the City, together with writt@'l approval secured
from the Purchasing Agent before proceeding to execute the Work
No claim for extra work will be considered valid by the Gity unless first approved by the City in
writing with Contractor's claim submitted in writing.
O. Familiaritv With The Work
The Contractor by executing this Agreement acknowledges full, total ana complete
understanding of the extent and character of the Work required and ~he conditions
surrounding the performance thereof. The City will not be responsible for or be bound by any
claimed misunderstanding of the Work to be fumished or completed, or any
misunderstanding of conditions 3urrounding the pertormalice thereof, It is unoerstood that
the execution of this Agreement by the Contractor serves as its stated unequivocal
commitment to fulfill all trla conditions referred to in this Agreement.
P. I11lt IO~ Bills 2' L.9U
The title and risk of loss to the Work shall pass fWIlI the Contractor to the City upon the City's
iinaJ acceptance of the Work.
Q, IndaDtndent Contractor. Non-Asslqnment and~ubco"trl!cts
In the performance of the Work, Contractor shall operate and ~)8Ve the status of an
independent contractor and shall not act as or be an agent or employee of City.
Contractor shall not assign this Agreement. Contractor shall obtain tl18 consent of CIty, in
writing, of ltach subcontractor it intends to LIse before entering itito a contract With any
g
07/17/2~~( ~~:j2
j21~~2j4~1
f~1 'Y Ur- r'ALM .tl!-lY
,~"'t. :.1:1
subcontractor.
Each subcontract must contain provisions, or be made expressly sUbject to this Agreement's
provisions, for insurance, indemnification, environment and health and safety, ownership of
documents, termination, inspection and on-waiver, at least as restrictive in form and content
as those contained or referred to in this Agreement. Contractor shall advise each
prospective subcontractor of these requirements and shall assure that each subcontractor
complies with them.
R. Inspection and Non-Waiver
Contractor shall permit the representatives of City to inspect and observe the Work at all
times.
The failure of City to insist upon strict performance of any other terms of this Agreement or to
exercise any rights conferred by this Agreement shall not be construed by Contractor as
waiver of City's right to assert or rely on any such terms or rights on any future occasion or as
a waiver of any other terms or rights.
S. Notices
All notices required by any of the Contract Documents shall be in writing and shall be deemed
delivered upon mailing by certified mail. return receipt requested to the following:
To the Contractor:
James Murray
AMPS, Inc
7146 Haverhill Rd N
W Palm Beach FL 33407
To the City:
Purchasing Agent
City of Palm Bay
120 Malabar Road, SE
Palm Bay, FL 32907
With a copy to:
City Manager
City of Palm Bay
120 Malabar Road. SE
Palm Bay, FL 32907
T. No Liens
Contractor acknowledges that Contractor or any other person directly or indirectly acting for
or through Contractor are legally unable to file a mechanic's or construction lien against the
real property on which the work is performed or any part thereof or against any personal
property or improvements thereon or make a claim against any monies due or to become
due from the City to Contractor for or on account of any work, labor, services, material,
equipment, or other items furnished in connection with the Work or any change order,
Contractor agrees to inform all subcontractors of such inability and further agrees to satisfy,
U f f..L (f ..::...Uu (
,-"L..L-iw..::...--J.,.U..L
remove, or discharge any liens or claims that may be filed at its own expense by bond,
payment, or otherwise within twenty (20) days of the filing thereof or from receipt of wntten
notice from the City.
Additionally, until such time as such lien or claim is satisfied, removed or discharged by
Contractor, all monies due to Contractor or that become due to Contractor before the lien or
claim is satisfied, removed or otherwise discharged shall be held by City as security for the
satisfaction, removal and discharge of such lien and any expense that may be incurred while
obtaining such. If Contractor shall fail to do so, City shall have the right, in addition to all
other rights and remedies provided by this Agreement or by law, to satisfy, remove, or
discharge such lien or claim by whatever means City chooses at the entire and sole cost and
expense of Contractor which costs and expenses shall, without limitation hereby, include
attorney's fees, litigation costs, fees and expanses and all court costs and assessments.
VII.
LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability or any cause of action arising out of this Agreement. so that the City's
liability for any breach never exceeds the sum of $1 00.00. For other and additional good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Contractor expresses its willingness to enter into this Agreement with the knowledge that the
Contractor's recovery from the City for any action or claim arising from the Agreement is
limited to a maximum amount of $ 100.00 less the amount of all funds actually paid by the
City to Contractor pursuant to this Agreement Accordingly. and notwithstanding any other
term or condition of this Agreement that may suggest otherwise, Contractor agrees that the
City shall not be liable to Contractor for damages in an amount in excess of $1 00.00, which
amount shall be reduced by the amount actually paid by the City to Contractor pursuant to
this Agreement, for any action, cause, reason or claim arising out of this Agreement. Nothing
contained in this paragraph or elsewhere in this Agreement is in any manner intended either
to be a waiver of the limitation placed upon the City's liability as set fortll In Section 768.28,
Florida Statutes, or to extend the City's liability beyond the limits established in said Section;
and no claim or award against the City shall include attorney's fees, Investigative costs.
expert fees, suit costs or pre-judgment interest.
VIII. MISCELLANEOUS PROVISIONS
A The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules
and regulations pertaining to the performance of Work under this Agreement
B. No waiver, alterations, consent or modification of any of the provisions of t1lis Agreement
shall be binding unless written and signed by the City Manager.
Uf/.J..f/Luur
..J~.J....J""'.L.""''''''U..L.
'-I..l.. r I '-'I I ""~I'r .L.Jr'""T1
C. The Contractor shall procure all permits, licenses. and certificates. for the proper execution
and completion Of the Work under this Agreement, including any approvals of plans or
specifications as may be required.
D. This Agreement is considered a non-exclusive Agreement between the parties.
E. This Agreement shall be governed by and construed according to the laws of the State of
Florida, and the rights of the parties hereto shall be construed and be subject to the laws of
the State of Florida. The parties hereby waive the right to a trial by jury in any action,
proceeding or counterclaim brought or filed by either of them against the other. Venue for
any court action arising out of this agreement shall be in Brevard County, Florida.
F. The undersigned hereby certify that this Agreement is made without prior understanding,
agreement or connection with any corporation, firm or person who submitted bids for the
Work covered by this Agreement and is in all respects fair and without collusion or fraud. As
to Contractor, the undersigned hereby warrants and certifies that he/she is authorized to
enter into this Agreement and to execute it on behalf of the Contractor as the act of the said
Contractor.
G. This Agreement, including Exhibits "A" and "B", contains all the terms and conditions agreed
upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of
this Agreement shall be deemed to exist or to bind either party hereto.
U(/.i(/LUUf U.-J.....JL
IN WITNESS WHER
writt.lenWov~
/ I I
I ;...--' !
City Attorney
....JL..L..J...JL....J'-tUJ...
OF, ifart'es hee.to have heeeuotn set their heods and sea" on the date fi",
I
I
/'13 -07
WITNESS:
-) - r, G ' () 7
Date
By:
cr;:ri:/ FLORIDA
City Manager
Lee Feldman
Name (typed or printed)
STATE OF
COUNTY OF
beloee me thj~ d.y of
2-
-'
instrument :~OWledged
for . ku..... ,
Personal known to me,
Type of Identification Produced
SEAL
~~
(Type or printed name) Notary Public
iiJ,P Notary PublIC Slate of Florida
. . Jayne L Pnndible
'\;' f" J My CommissIOn D0450018
0, .,.c- ExpIres 07/12/2009
2007, by
Well Rehabilitation Services
RFP No. 39-0-2007
PROPOSAL FORM
RFP NO. 39-0-2006, WELL REHABILITATION SERVICES
SHEET 2 OF 3
Item # ITEM DESCR/PTION UOM PRICE
1 Well Drill Per foot $ Jjf-
2 Well Service Rig Per hour $ tq't~
3 Pump Service Rig Per hour $ \O~~
4 Cement work or demolition Per hour $ ~~
5 On Site Walding Unit Per hour $ I \n~..-
6 Machine Shop Welding Per hour $ 4~'"d,
7 PumpIWell technician Par hour $ t)S~
8 Chemical Treatment Per hour $ 1<;o.t-
9 Well abandonment Per hOur $ 'COI;,t.
10 Specific Capacity test, Before and atter rehabilitation Per hour $ ~
11 Well Developmant and Redevelopment Per hour $ I ~"S1.4;I
12 Chemical disinfection of well after rehabilitation Per hour $ lCj)dj.
13 Pump Molor Retrieval Per hour $ \2~~
14 Miscellaneous work as needed. normal business hours Per hour $ \1.'S~
15 Miscellaneous work as needed, non normal business Par hour $ i~~
16 Flow Meter Maintenance and Calibration Par hour $ ~~
17 Deep well Pump Maintenance Per hour $ l \(}fI)~
18 Well/Pump !Motor maintenance Per hour $ !:>let""
19 Raw water disposal Per hour $ \~
20 Airlift well Per hour $ \ ~')~
21 Pump test Par hour $ \~
22 Quarterly well monitoring reports Per report $ t~
.... ~'I' ' rvr,1:.~:~ :.. ,_..:'" ", . .. . . "~~"'.' .
23 Water Storage Tank Residual Cleaning Per tank $ ~~
24 Down hole Video surveys Per video $ Lo~
25 360 Degree Video Per video $ Y)~
26 Mobilize. demobilize & cleanup Per well $ ~
27 Wellhead/pump removal, cleaning and reinstall Per well $ \ Olcry>>
28 Well AcidificationlEPA Per well $ lP'n~
29 Chlorine Maintenance of W~lils Per well $ L '::1Y
TOTAL COST (Add line 1 - 29] I $ lA .Pn)':.. ~
30 Parcent of Markup for Parts supplied & installed \'Sh. %
Contractors must bid on all itams. This will be awarded 'all or none'
Revised 8-21-06
Page 19 of 36
Tn.....r7r'rT7('"
7C' . r n ) n(")7 I) T /) n
Well Rehabilitation Services
RFP No, 39-0-2007
PROPOSAL FORM
RFP NO. 39-0-2006, WELL REHABILITATION SERVICES
SHEET 3 OF 3
Response Time after Receipt of Purchase Order:
\ ~ 2dA1'~
calendar days
Price Adjustments Years 2 ~ 5 (Not to exceed annual CPt - See Pages 9 - 10):
This contraot allows for an annual percentage price adjustment The City is using the following index for
adjustments: Consumer Price Index (CPI) Series ID: GWUR0300SAS367. South Urban - Other
Services.
If your company utilizes a different Index for annual price adjustments, please state said index below and
attach dotumentation of past 5 year index history:
Ye<lr 2
Year 4
~~, \\kL.-
Company \
LP'l.\ 'D"t
Date
~~@,C~{)\.(fu
Emall e s
%
Year 3
%
%
%
Year 5
3\~ OOhLlL r1AM rJ.
Address
'\Nt~ ((iliA ~ ~ S~LW l-
City, State, Zip Code
SJJ\ Lf\4 l<6L{y
Telephone Number
_ ~\ L\C\y L lL\l{
Fax Number
~~ l)L\ \111-\ (~\M~\
Cell Phone Number (\It,. (1,,, 1.. I.A. \
C\~ 7)2\ rl1.2 UJ""II-L ~)
91 39'v'd
A~8 Wl'v'd ~O A1IJ
VI.-CONSENT AGENDA
ITEM B.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn 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
[8J August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon
D September 4,2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
D September 18. 2007 September 3. 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 (Noon) [8J December 4,2007 November 19, 2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Motion to approve BIRDIE GOLF BALL COMPANY to RETRIEVE GOLF BALLS
FROM THE NINE (9) LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE in consideration of
$5,450.00 annually paid to the golf course.
EXPLANATION: The Links at Boynton Beach solicited bids from four known companies in the area that perform
this service. Two of the four companies responded with bids. Of the two that responded, Birdie Golf, who has been
paying for this privilege for the past 4 Yz years, came in with the highest bid. Birdie Golf Ball Company offered the
City $5,450.00 annually in consideration for this privilege. In addition, all range balls retrieved from the lakes will be
returned to the golf course; and the golf course will sell used range balls at $.10 each to the company.
PROGRAM IMPACT: This contract will allow The Links at Boynton Beach to generate $5,450.00 annually; provide
a market to dispose of used range balls; and provide for the retrieval of any range balls that were hit into our lakes.
FISCAL IMP ACT: Additional revenues of $5,450.00 annually to The Links at Boynton Beach
ALC~~ ,nnrc.. tn, ili;, ..<vlrc n, tn t"oonat'~:
Department ead's Signature . y Manager's Signature
Golf Course
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING AND DIRECTING THE CITY
6 MANAGER AND CITY CLERK TO EXECUTE A
7 CONTRACT BETWEEN THE CITY OF BOYNTON
8 BEACH AND BIRDIE GOLF BALL COMPANY, INC.,
9 FOR LAKE DIVING SERVICE AT THE LINKS AT
10 BOYNTON BEACH; AND PROVIDING AN EFFECTIVE
11 DATE.
12
13 WHEREAS, the Links at Boynton Beach solicited bids from four known companies
14 in the area that perform lake diving services; and
15 WHEREAS, two of the four companies responded with bids, with Birdie Golf Ball
16 Company being the highest bidder; and
17 WHEREAS, Birdie Golf Ball Company will pay to the City $5,450.00 annually, plus
18 all range balls retrieved from the lakes will be returned to the golf course;
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption.
23
Section 2.
The City Commission of the City of Boynton Beach, Florida does
24 hereby authorize and direct the City Manager and City Clerk to execute a Contract between
25 the City of Boynton Beach and Birdie Golf Ball Company, Inc., providing that the tern1 of the
26 Contract is for three (3) years from the date of execution of the Contract for lake diving
27 service at The Links at Boynton Beach, a copy of said Contract is attached hereto as Exhibit
28 "A."
Section 3.
This Resolution shall become effective immediately upon passage.
2
PASSED AND ADOPTED this _ day of August, 2007.
CITY OF BOYNTON BEACH, FLORIDA
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
~~ I ,
22
23
24
25
26
27
28
29
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
ATTEST:
Commissioner - Carl McKoy
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE.
LAKE DIVING CONTRACT/NINE LAKES AT
THE LINKS AT BOYNTON BEACH GOLF COURSE
THIS CONTRACT FOR LAKE DIVING SERVICES, signed this _ day of
, 2007, by and between BIRDIE GOLF BALL COMPANY,
hereinafter referred to as "CONTRACTOR" and THE CITY OF BOYNTON BEACH, a
Florida municipal corporation, whose principal address is 100 E. Boynton Beach Blvd"
Boynton Beach, FL, hereinafter referred to as "City",
WITNESSETH:
WHEREAS, CONTRACTOR is engaged in the business of the retrieval of golf
balls; and
WHEREAS, the City owns The Links at Boynton Beach Golf Course at 8020 Jog
Road, Boynton Beach, Florida; and
WHEREAS, the City is desirous of engaging the services of CONTRACTOR for
the purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, and other good and valuable consideration, the parties agree as follows:
1. SCOPE. The general scope of services to be performed by CONTRACTOR shall
be to retrieve golf balls from the nine lakes at the golf course on an exclusive basis.
2. CONTRACT OUTLINED CONDITIONS.
a. CONTRACTOR agrees to pay $5,450.00 annually to the City, as follows:
$5,450.00 upon signing of this Contract and $5,450.00 upon the same date as
the date of execution by the City, each subsequent year.
b. CONTRACTOR agrees to return to the golf course all range balls recovered
from the lakes, at no charge, within two (2) weeks of retrieval.
c. CONTRACTOR will be required to pay the City $.10 per range ball offered
by the Golf Course to the CONTRACTOR at the end of each November.
d. CONTRACTOR agrees to notify the Golf Course superintendent at least two
(2) days in advance of arrival to get approval for the use of a golf utility
vehicle. The City makes no guarantee that such a vehicle will be available,
however, all efforts will be made to assist the divers III obtaining
transportation onto the golf course.
3. TERM. The term of this Agreement shall be for a period of three (3) years from
the date of execution by the City, unless terminated pursuant to the terms of this
Agreement. This Agreement shall be automatically for five (5) additional one (1) year
periods, unless terminated as prescribed herein.
4. TERMINA TION. This Agreement may be terminated pursuant to the following
proVISIons:
a. If conditions are present which are considered by either party to be cause for
termination, written notice shall be provided to the other party, and a
sufficient period of time shall be given to correct the conditions.
b. If the conditions are not corrected within a reasonable period of time, this
Agreement may be terminated for such conditions by giving thirty (30) days
written notice.
c. This Agreement may be terminated by either party, at any time, upon
providing ninety (90) days written notice prior to termination.
5. INDEMNIFICATION. CONTRACTOR agrees to defend, indemnify, and hold the
City of Boynton Beach and The Links at Boynton Beach Golf Course harmless from any
claim, demand, suit, loss, cost, expense, including court costs and attorneys' fees, or any
damage which may be asserted, claimed or recovered against or from the City of Boynton
Beach or The Links at Boynton Beach Golf Course by reason of any damage to property
or injury, including death, sustained by any person whomsoever and which damage,
injury or death arises out of, is incident to, or in any way connected with the performance
of the Contract. Notwithstanding the foregoing, this provision shall not apply to any
damage, injury or death that results from the gross negligence or willful misconduct of
the City of Boynton Beach or The Links at Boynton Beach Golf Course or their affiliates.
6. INSURANCE REQUIREMENTS.
a. It shall be the responsibility of CONTRACTOR to maintain workers'
compensation insurance, property damage, liability insurance and vehicular
liability insurance during the duration of this contract.
b. CONTRACTOR shall secure and maintain in force, throughout the duration
of this contract, comprehensive general and automobile liability insurance
with a minimum coverage of $1,000,000 per occurrence; $1,000,000
aggregate for personal injury; $1,000,000 per occurrence/aggregate for
property damage; and, professional liability insurance in the amount of
$1,000,000 (all professional contract services).
c. Said general liability policy shall name the City of Boynton Beach as an
additional insured and shall include a provision prohibiting cancellation of
said policy except upon thirty (30) days prior written notice to the City.
d. CONTRACTOR shall secure and maintain in force throughout the duration of
this contract workers' compensation insurance to statutory limits.
e. CONTRACTOR shall furnish the City with a certificate of insurance after
award has been made prior to the start of any work for the City. Said
insurance companies must be authorized to do business in the State of Florida
and the City will not accept any company that has a rating less than B+ in
accordance with A.M. Best's Key Rating Guide, latest edition.
f. The City reserves the right to require additional types of insurance, or to raise
or lower the stated limits, based upon identified risk.
7. REPRESENTATIVE OF CITY. The City hereby agrees to designate the City
Manager or his assigned representative for purposes of the administration of the Contract.
8. REPRESENTATIVE OF CONTRACTOR. CONTRACTOR, for purposes of
administration of this Agreement, agrees to designate the following individual, address.
and telephone number as the assigned representative for CONTRACTOR:
(name)
(address)
(telephone no.)
(facsimile no.)
9. ASSIGNABILITY. The Agreement may not be assigned or transferred without the
express prior approval of the City.
10. VENUE. In the event any litigation is pursued in association with this Agreement.
venue for such litigation shall be filed in state court in Palm Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day
indicated on the first page of the Agreement.
CITY OF BOYNTON BEACH
Approved as to form by:
BY
City Manager
City Attorney
ATTEST:
City Clerk
CONTRACTOR
Print Name:
Title:
(Corporate Seal)
ATTEST:
Corporate Secretary
Print Name:
STATE OF FLORIDA )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared
the and
respectively of
named in the foregoing agreement and that they severally acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily under authority duly
vested in them by said and that the Corporate seal affixed thereto
is the true corporate seal of said Corporation.
WITNESS my hand and official seal in the County and State last aforesaid this
day of , 2007.
NOTARY PUBLIC
(notary seal or stamp)
Print or Type Name
DNT:JV A
H:\I 990\900 182.BB\AGREEMENTS 2007\Go1f Ball Retrieva1.doc
DISCLAIMER FORM FOR THE LAKE DIVING/NINE LAKES AT THE LINKS AT
BOYNTON BEACH GOLF COURSE
The Contractor agrees to defend, indemnify and hold the City of Boynton
Beach and The Links at Boynton Beach Golf Course harmless for any claim,
demand, suit, loss, cost, expense, including Court costs and attorney's fees, or
any damage which may be asserted, claimed or recovered against or from the
City of Boynton Beach or the Links at Boynton Beach Golf Course by reason of
any damage to property or injury, including death, sustained by any person
whomsoever and which damage, injury or death arises out of, is incident to or in
any way connected with the performance of this AGREEMENT.
Authorized Signature
Please Print Name
CITY OF BOYNTON BEACH
RELEASEIWAIVER AND HOLD HARMLESS FORM
I, , THE UNDERSIGNED
INDEPENDENT CONTRACTOR, in consideration of the payment of $10.00 and
other good and valuable consideration paid by the CITY OF BOYNTON BEACH,
("City"), the receipt of which is hereby acknowledged, do hereby:
1. Assume all risks and responsibility of possible damage or injury which
may occur as a result of performing my job as an individual who dives
underwater to retrieve golf balls from the lakes located at the City's golf
course. I acknowledge that I am performing such tasks as an independent
contractor pursuant to an Agreement that the City has with Birdie Golf. In
the event I do suffer an injury while performing any tasks associated with
my job while on the City's property, I understand I am to furnish my own
insurance.
2. To enter onto the City's property to retrieve golf balls from lakes with full
knowledge that the work I am performing could result in injury to me.
3. I understand that the City's property, including the lakes and surrounding
areas are not supervised, and that I have the necessary training,
expertise, and experience necessary to perform such tasks.
4. I agree to indemnify and hold harmless the City of Boynton Beach, and/or
its departments, officials, employees, representatives, and agents from
any liability, loss, damage, expense, or other cost in the event I suffer any
injury, damage, or loss as a result of my actions in retrieving golf balls
from the lakes at the City's golf course, including attorney's fees and costs
and both the trial and appellate levels.
Signature:
Date:
Witness:
Date:
I
<Il cD C
~ ~ .Q
0 2
>- "0
C c: :g
0 '" "0
'" '" <Il
-E ro ,!/l
"0 -E
'" Cl
ffi c: E
c: ';; '"
'Qi 'Qi <Il
Q; " c:
~ 0 -",
.<:: c. 1ii
"0 '" ~
'" > <Il
}? .8 .~ '"
'" "0
<Il '" "0 '" I
5 -E ~ 1:5 I
-g '0 E '"
'" <Il .c .~
> ::J >-
'" '" <Il .c I
-E >- <Il '"
., ~ Q;
E ~ .<:: I
,g 0 '"
"0 Q; ffi I
<Il '"
~ > .<:: ,,:.
Qi "5 c:
9 " '"
~ <' ""
r---
o
o
N
r-::2
No..
2:-0
~O
'Lei
Ww
~:2
Ot=
WW
:J:J
00
99
roro
0:::
OU)I
u..wo
~<(
~:'5w
owro
t=zz
<(-0
O~I-
-I-Z
!:!::o>-
0<(0
wo:::ro
0..1-1-
U)z<(
oOU)
m<D~
w~~
:22::-1
<(ow
zwI
o~1-
-<(I-
ro-1<(
o
iii
o
o
o
L!)
"<t
.,.,-
Y7
U)
0::
o
o
z
W
>
>-
c::
ro
Q.
g1:C')
():J<D
00
~()~
COaJ--l
~C6u..
o Ol -
'" ~ aJ
'-"CO_
aJ :2: co
._ Ol
~C:Oro
i:i5~:2:
o
~
o
o
~
.,.,-
Y7
C')
r---
C')o
, C')
NC')
0-1
"OLL
_ co _
0&15
l? aJ
_ en ~
enc::()
~ g,"5
()-1c::
_~O
enoU
CO<DO
W<D()
"0
aJ
"0
c::
o
Q.
en
i!'
N
:z:.
c::
o
co
aJ
rn
aJ
E
.~
en
aJ
-1:
co
Q.
E
o
U
c::
;::
o
c::
-'"
:;
.2
E
g
"0
2
:Q
o
en
en
"0
i:i5
I
FRUM
(WED)JUL 18 2007 5:34/ST. S:27/No.751S338278 P 11
~
PROPOSAL BLANK
To Ail Bidders:
BID PROPOSAL TO THE CITY OF BOYNTON BEACHt FLORIDA
Date2f~Z_
The undersigned declares that he has carefully examined the specifications and
is thoroughly familiar with its provisions and with the quality, type and grade of
service called for.
When submitting more than one b.J proposal price for this product and/or
service, indicate how many individuals v itor combination item(s) are to be
tabulated and considered. Attach a separa _ proposal sheet for each.
The undersigned proposes to deiiver the service in accordance with the
specifications for the sum of:
TOTAL DOLLAR AMOUNT
~_per year
Number of Bid Proposai prices submitted
Specification "check~off' sheets submitted
(pages 1 - 2)
-----x E.~
Yes/No
tJ -s)l -' !i2'3 -' 'J 7 '1/
TELEPHONE NUMBER
~~
SIGNATURE
_1lt1~t U fJ{Jik~'
PRINTED NAME
o 1// // ~ f2-
TITLE
~/f(O/:: ~~f. 13 AI (t:O I
COMPANY NAME
FROM
(WEO)JUL 18 2007 5:29/$'. S:27/No,751833827S P 3
BID SPECIFICATIONS
FOR
LAKE DiVING CONTRACT/NINE LAKES Ai
MUNICIPAL GOLF COURSE
In consideration for diving the Nine Lakes at the Links at Boynton Beach Golf
Course for the purpose of retrieving golf balis.
Please place an (X) or. the blank line next to each item If a specification Is met. If
exception IS taken (alternatives), bidder must explain using a separate sheet of
paper. Bidder must submit specification "Check Off' sheets with the proposai
sheet in order for a Bid to be considered.
.1.._1. A minimum of 50% of the dollar amount Bid must be paid upon the
signing of the Contract and any remaining balance must be paid within
the following six months. This process will stay in effect for each
subsequent year of the Contract.
NOTE: 80,000+ rounds of golf per year are played on the 27 holes.
There are 9 lakes that come into play on most of those holes.
X-- 2. All range balls recovered from the lakes by the successful bidder will
be returned to the Golf Course, at no charge, within two weeks of
retrieval
1_ 3. The successful bidder will be required to pay the City $,10 per usable
range ball turned in to the Golf Course and offered to the successful
bidder at the end of each November.
_X 4. The Concessionaire must maintain liability insurance in the following
amounts:
$1,000,000
$1,000.000
Aggregate
per incident
_X~5.
The Concessionaire must sign a disclaimer. as prepared by the CIty
Attorney, releasing the Golf Course and the City of Boynton Beach
from any liabilities in connection with the performance of this Contract.
This form must be notarized and attached to the proposal.
See attached form,
FROM
"
(WED)JUL 18 2007 S:30/ST. 5:27/Ho.7518888278 P 4
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE.
BIDS SPECS FOR LAKE DIVING/NINE LAKES AT MUNICIPAL GOLF
COURSE CONTINUED...
-X~6.
__A'-7.
The divers will be required to notify the Golf Course Superintendent
at least two (2) days in advance of their arrival. They must get
approval for use of a golf utility vehicle to get around the course. No
guarantee is made by the City that such a vehicle will be available,
however, all efforts will be made to assist the divers in obtaining
transportation onto the golf course.
TER~.~: The term of the Contract shall be for a period of three (3)
years from the date of this agreement. This contract shall be
automatically renewed for five (5) additional one (1) year periods
except at follows:
a. If conditions are present which are considered by either party to
be cause for termination, written notice shall be provided to the
other party, and a sufficient period of time shali be given to
correct the conditions.
b. If the conditions are not corrected with a reasonable period of
time, then the CONTRACT may be terminated for such
conditions by giving thirty (30) days written notice.
c. Upon ninety (90) days written notice by either party prior to the
annual renewal date, this Contract can be terminated.
-X- 8. All bidders must supply a list, with their bid proposal, of courses
presently contracted with for the type of work covered by this Contract.
Also, how long they have been with these courses should be Indicated.
L 9. Bidders are encouraged to visit the City Goif Course located at 8020
Jog Road, Boynton Beach, FL 33437, and become familiar with the
area. Please call ahead to make an appointment with Dan Hager,
Manager of Golf Operations. The telephone number is (561) 742-
6502.
07/27/2007 10: 07
~~QM
9549451517
EAST COAST GOLF BALL PAGE 05
(THU)JUL 19 2007 22:0S/ST,22:07/No.1518S3B2S8 p 5
PROPOSAL BLANK
BID PROPOSAL TO THE: CITY OF 80YNTON BeACH, FLORIDA
To All Bidders:
Date: '\. Jut d 27 ' 1LW 7
)
The undersigned declares that he has carefully examined the specifications and
is thoroughly familiar with its provIsions and with the quality, type and grade Of
servics called for.
When submitting more than one bid proposal price for this product and/or
service, indicate how many individuals and/or combination Item(s) are to be
tabulated and considered. Attach a separate proposal sheet for each.
The undersigned proposes to deliver the service In accoraance with the
specifications for the sum of;
TOTAL DOLLAR AMOUNT
$
')/00,00
per year
Number of Bid Proposal pnces submitted
Specification "checkNoff" sheets submitted
(pages 1 - 2)
J
~s
Y Qs/No
~~1 ~:itc;,/~ ~4l/ C4~,,~
COMPANY NAME V
Cf~l/ -1116 -fLJ4)..
TELEPHONE NUMBER
~~
SIGN TU E,
~e,\ I!l
PRINTED NAM
l
CoUC~5SIt?i1.~~ .".~d-
TITLE
07/27/2007 10:07
~R6M)
9549451517
EAST COAST GOLF BALL PAGE 02
(THU)JUL 18 2007 22:0S/ST.22:07/Ho.7518SS92aa p 3
BID SPECIFICATIONS
FOR
LAKE DIVING CONTRACT/NINE LAKES AT
MUNICIPAL GOLF COURSE
In consideration for diving the Nine Lakes at the Links at Boynton Beach Golf
Course for the purpose of retrieving golf baits.
Please place an (X) on the blank line next to each item it a speclflcation is met. If
exception is taken (alternatives), bidder must explain using a separate sheet of
paper. Bidder must submit specification j'Chock Off" sheets wifh the proposal
sheet in order for a Bid to be considered.
L 1. A minimum of 50% of the dollar amount Bid must be paid upon the
signing of the Contract and any remaining balance must be paid within
the following Six months. This process will stay in effect for each
subsequent year of the Contract.
NOTE: 80,000+ rounds of golf per year are played on the 27 holes.
There are 9 lakes that come into play on most of those holes.
L 2. All range balls recovered from the lakes by the successful bidder will
be returned to the Golf Course, at no charge. within two weeks of
retrieval.
L 3. The sUCC8ssful bidder will be required to pay the City $.10 per usable
range ball tumed in to the Golf Course and offel'Qd to the suecassful
bidder at the end of each November.
-L 4, The Concessionaire must maintain liability Insurance in the following
amounts:
$1,000,000
$1,000,000
Aggregate
per incident
-X-s.
The Concessionaire must sign a dIsclaImer, as prepared by the City
Attorney, releasing the Golf Course and the City of Boynton Beach
from any liabilities in connection with the performance of this Contract.
This form must be notarized and attached to the proposal.
See attached form.
E17/'!7!2E1137 113: EJ7
FROM
%49451517
EAST COAST GOLF BALL PAGE B3
(THU)JUL 19 2007 ~~:O~/ST.22:07/No1751e3$S2aS p 4
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR
BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE.
BIDS specs FOR LAKE DIVING/NINE LAKeS AT MUNICIPAL GOLF
COURse CONTINUED...
i6.
The divers wHl be required to notify the Golf Q>urse Superintendent
at least two (2) days in advance of their arrival. They must get
approval for use of a golf utility vehicle to get around the course. No
guarantee is made by the C~ty that such a vehicle will be available,
however. all efforts Will be made to assist the divers ~n obtaining
tra.nsportation onto the golf course.
-1:-7,
TERM: The term of the Contract shall be for a period of three (3)
years from the date of this agreement. This contract shall be
automatically renewed for five (5) additional one (1) year periods
except at follows:
a. If conditions are present which are considered by either party to
be cause for 1~rmingtionr written notica =hall be provided to th!;!
other party, and a sufficient period of time shall be given to
correct the conditions.
b. If the oonditions are not oorreoted with a reasonable ~riod of
time, then the CONTRACT may be terminated for such
conditions by giving thirty (30) days written notice.
c. Upon ninety (90) days written notice by either party prior to the
annual renewal datel this Contract can be terminated.
--L 8. All bidders must supply a list) with their bid proposall of courses
presently contracted with for the type of work. covered by this Contract.
Also, how long they have been with these courses should be indicated.
~ 9. Bidders are encouraged to visit the City Golf Course located at 8020
Jog Road, Boynton Beach, FL 334371 and become familiar with the
area, Please call ahead to make an appointment with Dan Hager,
Manager of Golf Operations. The telephone number is (561) 742~
6502.
VI.-CONSENT AGENDA
ITEM B.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to Citv Clerk's Office
[8J August 21, 2007
D September 4, 2007
D September IS, 2007
D October 2, 2007
D October 16,2007
D November 7, 2007
D November 20, 2007
November 5, 2007 (Noon) 0
--1
;po
November 19,2007 (Noon:;::
, '~
I
L.)
August 6, 2007 (Noon.)
October 1,2007 (Noon
August 20, 2007 (Noon)
October 15,2007 (Noon)
September 3, 2007 (Noon)
September 17, 2007 (Noon)
r ~ December 4, 2007
D AnnouncementslPresentations D City Manager's Report ~
D D ::.::
NATURE OF Administrative New Business Cf!
AGENDA ITEM [8J Consent Agenda D Legal N
D D Unfinished Business -.J
Code Compliance & Legal Settlements
D Public Hearing D
RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for a Contract for Design Services
for $273,200 to Glatting Jackson to provide construction documents, bidding assistance and construction review for the
Congress Avenue Community Park and Boundless Playground. RFQ# 028-2730-07/CJD
EXPLANATION: On August 1,2006, the City Commission approved the Master Plan for Congress Avenue Community
Park and Boundless Playground. On June 19,2007, Commission approved the negotiation of a contract with Glatting &,
Jackson, Kercher, Anglin, Inc. The Commission also approved $2,500,000 to be placed in Capital Improvements Projects
(CIP). A Request for Qualifications was advertised. Seven (7) proposals were received that were reviewed by Wally Majors,
Recreation and Parks Director, Tom Balfe, Parks Manager, Kevin Hallahan, Urban Forester, Jo1m Wildner, Palm Beach
County Parks and Recreation Department, and Janelle Sloan, member of the Recreation and Parks Board. Glatting Jackson
scored the highest. Their tasks will include coordination of the design team, development of construction documents,
development of bid documents, assistant with bidding and selection, and on-site construction meetings throughout the
duration of the project.
PROGRAM IMPACT: N/A
FISCAL IMPACT: The contract amount is $273,200 and is budgeted in the CIP (Account # 302-4298-580-63-05).
AL TERNA TIVES: Not to enter into the contract.
J3~~e"o'
;!~SSi_Me
UML--
Procurement Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC
C: lody Rivers - Parks Superintendent
Wally Majors - Recreation Director
File
C-)
'_'-i
::;-<
-::0
("") -.,
:--t:O
''10
:::j -<
:::.:::;::
ui-l
o
o:=::
-.,
-., CO
-rrl
D>
rr1("")
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE CITY
6 MANAGER TO EXECUTE A CONTRACT FOR
7 DESIGN SERVICES WITH GLATTING JACKSON TO
8 PROVIDE CONSTRUCTION DOCUMENTS, BIDDING
9 ASSIST ANCE AND CONSTRUCTION REVIEW FOR
10 THE CONGRESS AVENUE COMMUNITY PARK AND
11 BOUNDLESS PLAYGROUND IN THE AMOUNT OF
12 $273,200.00; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, on August 1, 2006, the City Commission approved the Master Plan for
16 Congress Avenue Community Park and Boundless Playground; and
17 WHEREAS, seven (7) proposals were received that were reviewed with Glatting
18 Jackson scoring the highest (RFQ #028-2730-07/CJD), which was approved by the
19., Commission on June 19,2007; and
20 WHEREAS, the City Commission of the City of Boynton Beach upon
I
21 I recommendation of staff, deems it to be in the best interest of the citizens of the City of
22 Boynton Beach to approve the Contract for Design Services with Glatting Jackson Kercher.
23 Anglin, Inc., to provide construction documents, bidding assistance and construction review
24 for the Congress A venue Community Park and Boundless Playground in the amount of
25 $273,200.00.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
S:ICAIRESOlAgreementslGlalling Jackson - Congress Park (Boundless).doc
, 1
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 . hereby approve and authorize the City Manager to execute a Contract for Design Services
3 with Glatting Jackson Kercher, Anglin, Inc., to provide construction documents, bidding
4 assistance and construction review for the Congress Avenue Community Park and
5 Boundless Playground in the amount of $273,200.00, a copy of which is attached hereto as
6 Exhibit "A".
7
Section 3.
This Resolution shall become effective immediately upon passage.
8
PASSED AND ADOPTED this _ day of August, 2007.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S:\CAIRESOlAgreementsIGlalting Jackson - Congress Park (Boundless).doc 2
CONSUL T ANT AGREEMENT FOR
"LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES FOR
CONGRESS AVE. COMMUNITY PARK AND BOUNDLESS
PLAYGROUND"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to
as "the City", and Glattin2 & Jackson Kercher. An2lin. Inc., hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
L PROJECT DESIGNATION. The Consultant is retained by the City to perfornl
CONSULTANT services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "B"
attached hereto, including the provision of all labor, materials, equipment and supplies. No
modifications will be made to the original scope of work without the written approval of the
city's assigned project manager.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services
and provide all work product required pursuant to this agreement by _ calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. PAYMENT. The Consultant shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B"
attached hereto, provided that the total amount of payment to Consultant shall not exceed
$273.200.00 without express written modification of the agreement signed by the City.
b. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for project completed to date. Such vouchers will be
checked by the City, and upon approval thereof, payment will be made to the Consultant
in the amount approved.
c. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this agreement and its acceptance by the City.
d. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
complete the work.
e. The Consultant's records and accounts pertammg to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
CA-l
5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and
other materials produced by the Consultant in connection with the services rendered under
this agreement shall be the property of the City whether the project for which they are made
is executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
Consultant's endeavors.
6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by
this service agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Consultant's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Consultant.
8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance with a minimum coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per
occurrence/aggregate for property damage, and professional liability insurance in the amount
of $1 ,000,000.
Said general liability policy shall name the City of Boynton Beach as an additional named
insured and shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to the City. Certificates of coverage as required by this
section shall be delivered to the City within fifteen (15) days of execution of this agreement.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Consultant nor any employee of Consultant
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Consultant,
or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract
without liability or, in its discretion to deduct from the contract price or consideration, or
CA-2
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the City.
13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
14. TERMINATION.
a. The City reserves the right to terminate this agreement at any time by giving ten (10) days
written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of Florida. Further, this agreement shall be construed under
Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
Glatting, Jackson, Kercher, Anglin, Inc.
222 Clematis Street Suite 200
West Palm Beach, FL 33401
CA-3
17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Consultant.
DATED this _ day of
,20_.
CITY OF BOYNTON BEACH
City Manager
Consultant
Attest/ Authenticated:
Title
(Corporate Seal)
City Clerk
Approved as to Form:
Attest/Authenticated:
Office of the City Attorney
Secretary
Rev. 1/22/91
CA-4
EXHIBIT "B"
Attached
CA-S
[C GLATTING JACKSON KERCHER ANGLIN
Ja,-'k F, (;lat1in~. h)undcI
\\:illianl 1. Anglin. JI
DJ.vid L. Barth
eire-gory A. BrylJ
0;111 L BurdeTl
F1Jn\:~s E. Chandlc'r~~"lari110
Charlc~ P Cobhk
Jay H. Exunl
("::trey S. Hayo
Ja~ R. H~)od
T1I11Olhy T Jackson
Wilham C. KefcheJ. Jr.
Walter 1'\"1. Kulash
Brelll ii.... LJc)
Sharon K. Lamantia
Ian JVl. Lockwood
Thomas J. rVkl'v13cken. .11
John H. Pen.'~
Troy P. Rll~:-'
Peter C. St'chkl
Donald C; Wishart
Geo1lre.\ L Alkn
Charles )\-1. Arkin:;
Carrie L Borho
i'dike 1. Brown
Karl;':ll T Campblin
t\att' L Clair
David R Clau,
Todd D. Clements
'vtichael R. COI.'hem
A. Blake Drur)
Shaull C Fcft'uSOIl
Dougbs V elaines
John T Griffin III
~1idUlt'J D lJfCell
Bruce C. Hall
John H Hamble)
Daml M Hoppes
P:Hricia Sepuh'eda-Hurd
Cie0r~t' !\1. Kramel
Gail [) Lace)
LJUlence V Lewi."
.lane Lim- Yap
William D. Lites
Kok Wan ,\'lah
D:1n P. \"lJnlt'~
Jeffrey F ~.lanud
Ed\":ard J. \-Ie ~ inney
RalldJii S. \1ejeUl
Douglas A. \tctzgel
BaJraj 1\, Vlohaheet
John .J _ \'loore III
PJull1\.-looH:'
Jonathan ~\"1. f\.1ugmon
Kar~1l D. l\ehon
Kathleell S. (J'Sulli\Jn
Carlos F Perez
Kelley Samuds Peterman
Andr~a D _ Petersen
Heather.r. Phiel
\'lary Taylor Raulerson
\Jl11..')' \1. R('iht'n~
Tara L. S.1lmie.ri
Craig: .\ Shadrix
A.ndrew B. Sheppard
\like P. Sobczak
\13-\\\t'1I D Spann
Jeff \1 SugaJ
Paul ..\. Taylol
Ronald L l.Tbaniai
G Jry E. \Varnc.1
Joseph J. 'v\'ebb
fohn P:llll \V..:e"ncl
:~c)mmu:: i t '/
Plan~in9 & Design
_22 C1emath Street. Suite ':':00
\'\-e.;,;{ Palm Beach, Flonda 33401
P 561 659 b552
I-- 561 1'i3.J. 17l)()
1.\,\,,:\\ .~11 c: t -_ ir~g .com
i\tl::Ult;t ,. Or1::ando
Weq Palm B<:ach
Task Order #05-01
City of Boynton Beach Congress A venue Community Park
Glatting Jackson Project No. 20074.0
October 10, 2005
Revised August 2, 2007
EXHIBIT A - SCOPE OF SERVICES
1.0
PROJECT DESCRIPTION
1.1
The City of Boynton Beach (Client) desires to retain Glatting Jackson Kercher Anglin, Inc.
(Glatting Jackson) to develop design, permitting, bidding and construction drawings and
specifications for the first phase development of Congress A venue Community Park. The
project is a 13.5-acre parcel located at 3111 Congress A venue in the City of Boynton Beach,
Florida. The Client is the owner of the project.
1.2
The construction budget for the development of the park IS currently estimated at
approximately $2.5 million dollars, as follows:
Site Preparation 276,850
Utilities , 385,000
Buildings 280,000
Water Features 40,000
Paving 65.200
Landscape 170,500
Fixtures 90,000
Recreation Elements 415,000
Public Art 20,000
Subtotal $1,742,550
General Conditions (8%) 139,404
Contingency (20%) 348,510
Subtotal $2,230,464
Survey $17,000
Design (8 % +) $182,000
Permitting, Bidding, Construction Admin. Services 74,200
TOTAL $2,503,664
1.3
Glatting Jackson shall act concurrently as the Project Manager for the project, as well as the
Park Planner and Landscape Architect.
1.4
Professionals working on the project as subconsultants to Glatting Jackson include the
following. The Client hereby acknowledges and agrees that Glatting Jackson will assume
responsibility for the coordination of work produced by any subconsultants to Glatting
Jackson as Project Manager for the project. However, the Client agrees that Glatting Jackson
does not bear any liability for the technical accuracy of work prepared by others. All
professional firms working on the project shall bear separate responsibility and liability for
Glattinf!, Jackson Kercher Anf!,lin. Inc.
Pagelof12
[C
the work prepared by them.
Architectural, Structural, Electrical Design
Civil Engineering, Survey, Permitting
Planting and Irrigation Design
Public Art Consultant
Stephen Boruff AlA Architects & Planners
Michael B. Schorah and Associates
Roy-Fisher Associates
Beth Ravitz
1.5 Professionals working on the project under contract with the Client include a Geotechnical
Engineer.
1.6 All work shall be completed in accordance with the terms and conditions of the Consultant
Agreement for Landscape Architectural Consultant Services between the Client and Glatting
Jackson dated October 5,2005.
2.0 SCOPE OF SERVICES
PART I - Data Collection and Analysis
2.1 Project Management - In addition to the specific services detailed below, GJatting Jackson
shall coordinate our work and our sub consultant's work with the Client" s representati ve.
monitor the project schedule as it relates to this scope, and provide timely invoicing and
reporting of project progress.
J J Geotechnical Data - The Client's Geotechnical Engineer shall conduct soils tests am.
hazardous materials analysis for the site, including borings for the stormwater management
system design, building foundation design. and parking lot design. Glatting Jackson will
provide a Conceptual Site Plan to the engineer who will identify the approximate locations of
anticipated required borings. Copies of the soils report and borings shall be provided to the
Project Team for their use.
2.3 Site Inspection with South Florida Water Management District (SFWMD) Florida
Department of Environmental Protection (FDEP) and Army Corps of Engineers
(ACOE) - Glatting Jackson's Civil Engineering subconsultant shall conduct a review of the
site with representatives of the SFWMD, FDEP and the ACOE. The Engineer will obtain
confirmation of any wetland jurisdiction determination.
2.4 Site Boundary, Tree Survey and Topographic Data - Glatting Jackson's Civil Engineering
subconsultant will conduct a survey of the site and prepare a base map that will be used by
the design team to prepare design documents. The base map will show the location of
existing features, including but not limited to topography, boundary. vegetation, wetland
jurisdictional information, species of special concern information. adjacent land uses,
adjacent zoning, utilities, right-of-way information and easements,
Wetland jurisdiction information will be based on the information previously prepared by
Glatting Jackson. Any additional field work needed to determine or nag wetlands
jurisdictions shall be completed as an additional service to this Agreement.
(;/rlft;lIg Jtw/.:S()!I herdiCI' Anglin, hi("
Pa~c 2 u( ] =:
[C
2.5 Client Review - Glatting Jackson's Civil Engineering subconsultant shall provide the survey
to the Client for review and questions. The Client shall provide one (1) set of written
comments to the engineer, if necessary, which shall be incorporated into the survey to create
an accurate base map for the project.
2.6 Site Analysis Memorandum and Base Map - Glatting Jackson shall coordinate the
preparation of a memorandum and map summarizing the findings from the tasks outlined
above, and submit one (1) copy to the Client for review and comment.
2.7 Review Meeting/ Schematic Design Kick-off Workshop - Glatting Jackson shall conduct a
meeting with the Project Team and Client to review and discuss the Site Analysis
Memorandum and Base Map; to discuss any constraints to development of the site; and to
brainstorm thematic ideas and public art opportunities to kick-off the Schematic Design of the
project.
Glatting Jackson shall revise the Site Analysis Memorandum one (1) time based on the
Client's comments, if necessary. If additional revisions, analysis or field investigations are
determined to be necessary, these shall be provided to the Client as an Additional Service.
Part I Deliverables - As a result of these tasks, the Clatting Jackson Project Team shall
produce the following:
Site Inspection Meeting Minutes with SFWMD,FDEP and the ACOE (LBFH)
Site Analysis Memorandum and Base Map (Clatting Jackson)
Review Meeting/ Schematic Design Kick-off Minutes (Clatting Jackson)
P ART II - Schematic Design Documents - 30% CDs Submittal
Construction Documents shall be developed for the Phase 1 improvements outlined under paragraph
1.2 of this Agreement. If additional program elements are requested by the Client, Glatting Jackson
shall provide the design, permitting, and construction of those elements as an Additional Service. It is
not anticipated that Phase 1 development will include any improvements to the existing park entrance
or parking lot; a paved sidewalk will connect the existing parking lot to the restroom building. The
removal of exotic plants and the installation of a vegetative buffer shall be constructed in accordance
with previously prepared construction documents. The anticipated Development Program for the
development of the design and construction documents includes:
. Boundless playground
. Hardscape (including sidewalks and plazas), trellises, landscape and site furnishings
around the playground
. Restroom building ( to be expanded into the "Boundless Center" at a later date)
. Site (Phase I) signage, lighting, landscaping and irrigation
. Infrastructure and site work necessary to support the improvements listed above.
2.8 Schematic Design - The Glatting Jackson Project Team shall prepare schematic
development plans based upon the master plan design and budget prepared previously. The
following will constitute the scope of the Team's work:
. Overall site and hardscape plans for Phase 1 development, including site furnishings
and signage (Glatting Jackson)
Glauing Jackson Kercher Anglin, Inc.
Page 3 of 12
[C
. Landscape and irrigation plans identifying proposed plant massll1g and irrigation
mainline routing (Roy-Fisher)
. Schematic architectural design of the proposed restroom building (Boruff)
. Schematic civil design including paving, grading, drainage and utilities (Schorah)
. Schematic M/E/P design including site lighting/ electrical (Boruff)
. Statement of probable costs (each Team member per their drawings)
Glatting Jackson will consolidate the various plans prepared by the Project Team into a set of
documents (30% submittal) for the Client to review.
2.9 Client Review/Meeting - The 30% submittal will be distributed by the Client to applicable
City Staff for their review. The Client will provide the Project Team with one (] I
consolidated set of written comments and/or marked up drawings prepared by City Staff
Based on comments provided by the Client, Glatting Jackson will then distribute the
consolidated list of written comments to the Project Team. Glatting Jackson and the Project
Team will then meet with the Client one (I) time to review and discuss the comments.
Revisions in response to the review comments will be incorporated into the 60o/c Construction
Documents. Additional revisions or changes in response to subsequent revie\\ comments
requested by the Client shall be provided as an Additional Service.
2.] 0 Coordination Meeting - Glatting Jackson and the Project Team shall attend a coordination
conference call/meeting to verify all review comments from the 30o/c Construction Documen
submittal are addressed and incorporated into the 60o/c Construction Document submittal.
Part /1/ Deliverables- As a result of'these tasks. Clatting Jackson and the Pro;ect Team shall
produce the following:
Five (5) black and white schematic plans at a scale of' /., = 20': idenrif"ing proposed
plant massing, site features and theming (Clatting Jackson)
Five (5) sets of Schemaric Civil drawings ar a scale (~f' / ., = 20' ISchorahi
Five (5) sets of Schematic Architectural drawings at an applicable scale to illustrate
the design intent (Stephen Borufj)
Five (5) sets (jf'Schematic M/E/P drawings at an applicable scale to illustrate the
design intenr (Stephen Boruff)
Five (5) sets of up 10 nvent)' 120} 8//2" X J J" cur sheers of'sirefill71iture andfeatures
(Glatting Jackson)
Five (5) copies (jf'the order of'magnitude statement of probahle cost I each Team
member per their drmvings)
One ( J) Client Review Meeting Minutes (Clatting Jackson i
PART III - Design Development Documents - 60% CDs Submittal
2. ] I Design Development Documents - Based on the approved Schematic Design Documents.
Client review comments, and the Statement of Probable Costs, the Glatting Jackson Project
Team shall prepare Design Development Documents (60% CDs) for the project. These
documents will further refine and articulate the project elements established in the Schematir
Design phase.
(;/Uf(;nJ..: .hJ("ksoll Ken"lIer Anglin. Iril
Pat:c -+ of I ~
[C
2.12 Statement of Probable Cost - Glatting Jackson shall prepare a Statement of probable cost
based upon the Design Development Documents.
2.13 Client Review/ Meeting - The 60% submittal will be distributed by the Client to applicable
City Staff for their review. The Client will provide the Project Team with one (1)
consolidated set of written comments and/or marked up drawings prepared by City Staff.
Based on comments provided by the Client, Glatting Jackson will then distribute the
consolidated list of written comments to the Project Team. Glatting Jackson and the Project
Team will then meet with the Client one (1) time to review and discuss the comments.
Revisions in response to the review comments will be incorporated into the 90% Construction
Documents. Additional revisions or changes in response to subsequent review comments
requested by the Client shall be provided as an Additional Service.
2.14 Planning and Development/Building Department Courtesy Review - Glatting Jackson
will also submit the 60% Construction Drawings to the City Planning and
Development/Building Department for their review and comments. If necessary, Glatting
Jackson and the Project team will meet with the Planning and Development/Building
Department up to two (2) times to discuss unclear comments. Comments from the Planning
and Development/Building Department will be incorporated into the 90% Construction
Documents by each member of the Project Team. Additional revisions in response the City
Planning and Development/Building Department comments shall be provided as an
Additional Service.
2.15 Coordination Meeting - Glatting Jackson and the Project Team shall attend a coordination
conference call/meeting to verify all review comments from the 60% Construction Document
submittal are addressed and incorporated into the 90% Construction Document submittal.
Part IV Deliverables - As a result of these tasks, Glatting Jackson shall produce the
following:
Five (5) sets of Design Development Documents 60% CD's (each Team per their
drmvings) at a scale of 1" = 20' and/or an applicable scale to illustrate the design
intent
Five (5) copies of the Statement of Probable Costs (each Team per their drawings)
( I) Client Revie\1' and P&D Courtesy Review meeting minutes (Glatting Jackson)
PART IV - Construction Documents - 90% and 100% CDs Submittal
2.16 Construction Documents - Based on the reviewed Design Development Documents, the
Glatting Jackson Project Team shall prepare Construction Documents for the project as
follows:
Site! Hardscape Plan (Glatting Jackson)
. Phase 1 Site Plan
. Hardscape plan and paving details
. Park signage including entry, directional and interpretive signs
. Playground location and layout
. Site furnishings plan and details, including benches, trash receptacles, drinking
fountains, and bicycle racks
. Technical specifications that define materials and methods appropriate for
Clattin!? Jackson Kercher An!?lin. fnc.
Page 5 of 12
[C
construction (excluding signage)
. Statement of probable construction costs
Civil Engineering and Permitting (Schorah)
. Civil site plan showing the site layout
· Permitting including but not limited to South Florida Water Management District
(SFWMD)/F1orida Dept. of Environmental Protection (FDEP) and the Army Corps
of Engineers (ACOE), if required
. Grading and drainage plans
. Water and sewer plans for the proposed restroom building
. Technical specifications that define materials and methods appropriate for
construction
. Statement of probable construction costs
Architecture, M/E/P, (Stephen Boruff)
. Architectural/MEP plans (restroom building)
. Site lighting plans
. Technical specifications that define materials and methods appropriate for
construction
. Statement of probable construction costs
Landscape and Irrigation (Rov-Fisher)
. Landscape and irrigation plans
. Landscape and irrigation details
. Technical specifications that define materials and methods appropriate for
construction
. Statement of probable construction costs
2.17 Client Review/Meeting - The 90% submittal will be distributed by the Client to applicable
City Staff for their review. The Client will provide the Project Team with one (I)
consolidated set of written comments and/or marked up drawings prepared by City Staff.
Based on comments provided by the Client, Glatting Jackson will then distribute the
consolidated list of written comments to the Project Team. Glatting Jackson and the Project
Team will then meet with the Client one (1) time to review and discuss the comments.
Revisions in response to the review comments will be incorporated into the 1009;-
Construction Documents. Additional revisions or changes in response to subsequent revie\\
comments requested by the Cl ient shall be provided as an Additional Service.
2.18 Coordination Meeting - Glatting Jackson and the Project Team shall attend a coordination
conference call/meeting to verify all review comments from the 900/, Construction Document
submittal are addressed and incorporated into the 100% Construction Document submittal.
2.19 Final (100%) Construction Documents - The Glatting Jackson Team shall prepare the final
set of Construction Documents, incorporating review comments from the 900/, Client revie\\
meeting and the Planning and Development/Building Department review. The documents
will be suitable for bidding and construction of the design elements of the project as detai lee
in this scope of services.
(;!uuing JU('/.:..\on Ken"her Anglin. In(
Pap:e fJ uf 1.::'
[C
Part IV Deliverables - As a result of these tasks, Glatting Jackson and the Project Team shall
produce the following with plans presented on 24" x 36" sheets at a scale of]" = 20'- 0":
Two (2) black and white sets of 90% Construction Documents (for Client and
Planning/Building Department submittals)
One ( I) copy of the 90% Statement of Probable Cost
One (I) set of90% Technical Specifications
Ten (10) sets of 100% Final Construction Documents
One ( I ) copy of the 100% Final Statement of Probable Cost
One ( I ) set of 100% Final Technical Specifications
PART V - Permitting
2.20 Regulatory Permitting - Glatting Jackson shall work with the project Civil Engineer who
will complete and submit applications necessary for the project to be approved by other
public agencies having jurisdiction, including but not limited to:
. South Florida Water Management District (SFWMD)
. Florida Department of Environmental Protection (FDEP) Environmental Resource Permit
. Army Corps of Engineers (ACOE)
. City of Boynton Beach Utilities
. Lake Worth Drainage District
The Client shall sign all permit applications and pay all permit application fees directly to the
appropriate agency at the required time.
2.21 Building Permit - Glatting Jackson will provide three (3) signed and sealed sets (by each
Team member as appropriate) of 100% Final Construction Documents to the Building
Department for permitting. Glatting Jackson will respond to, and coordinate responses from
the Project Team to, questions prepared by the City's Building Department. Glatting Jackson
and the Project Team will revise drawings one (I) time, for the issuance of a building permit.
Additional revisions or changes in response to subsequent review comments requested by the
Client shall be provided as an Additional Service.
2.22 Coordination Meeting - Glatting Jackson and the Project Team shall attend a coordination
conference/meeting to verify all review comments from the City Building Department and
public agencies having jurisdiction of the project are addressed and incorporated into the
Issued for Bid Construction Document submittal.
Part V Deliverables - As a result of these tasks, Glatting Jackson shall produce the
following:
Permit applications to the agencies specified
Three (3) sets of 100% Permit Documents
Glatting Jackson Kercher Anglin. Inc.
Page 7 of 12
[C
PART VI - Bidding
2.23 Bidding Assistance - Glatting Jackson and the Project team will assist the Client in pre-
qualifying contractors to bid on the project. Specifically. the Project team will advise the
Client of their experience(s) with specific contractors on similar projects.
Once the Client has bid the project, Glatting Jackson and the and the Project Team will attend
one (I) pre-bid meeting, prepare unit price bid forms, issue twelve (J 2) sets of documents for
bidding to bidders approved by the Client, sells plans to interested bidders. respond to
contractor questions and issue addenda, review bids, and recommend selection of a
contractor. Recommendations will be based upon past experience of the contractor. price.
and availability to perform the work within the anticipated schedule. If all legitimate bids
received exceed the final statement of probable cost by more than 50(, services to revise the
construction documents and re-bid the project, at the request of the Client, shall be provided
as an Additional Service. Drawings will not be revised if bids exceed the final statement of
probable cost by less than 5%.
Part VI Deliverables - As a result o{ these tasks, Clatting Jackson shall produce th('
follO\ving:
One ( I) copy o{ Pre-hid Meeting Minutes
Twelve (12) sets of Issuedfor Bid Documents in a Digital Format
Response to bidder's questions
Addenda to Bidding Documents as needed
Memorandum q{ recommended contractor
PART VII - Construction Administration
2.24 Nursery Site Visits - To ensure availability and quality, Glatting Jackson will make one ( I )
nursery site visits to review proposed plant materials. Glatting Jackson shall coordinate the
visit with the Client. Included in this process is an allowance of twenty four (24) hours.
inclusive of travel time, for Glatting Jackson to inspect, approve. and tag plant material.
2.25 Construction Observation - Construction is presumed to occur in a single phase over a
period of ten (10) months. The Glatting Jackson team will attend one ( ] ) pre-construction
meeting. The Glatting Jackson team will visit the site twice a month to attend coordination
meetings with the Client and Contractor and to become familiar with the progress and quality
of work and to determine if the work is generally proceeding in accordance \vith the
construction documents. Each site visit will be followed by a report to the Client of known
deviations from the contract documents and from the most recent construction schedule
submitted by the Contractor. However Glatting Jackson shall not be responsible for the
Contractor's failure to perform the work in accordance with the requirements of the contract
documents. Glatting Jackson will review and comment on shop drawings, change orders.
RFI's and contractor pay applications. A total of twenty-two (22) site visits/meetings are
included in this Agreement for Construction Observation for the Project Team. including tht
pre-construction meeting and Substantial Completion walkthrough.
(;/uttinr.: ,hu'/.:.S(lJ} Kcu'hcr.AnJ,.:lin, In!
Page ~ nC I ~
[C
2.26 Final Review - Glatting Jackson and the Project team will provide the Client a letter stating
that the project has been constructed in substantial conformance to the Construction Contract
Documents. Substantial conformance is defined as an assurance to the Client that the project
may be used for the purpose for which it was intended.
Additional meetings or visits, if requested by the Client, shall be provided as an Additional
Service to this Agreement. Glatting Jackson shall not be responsible for the methods or
means of construction and shall not provide continuous or exhaustive site visits or
supervision of construction. The Client shall be responsible for supervision of construction
of the project.
2.27 Project Closeout - Glatting Jackson will provide the Client and Project Team with digital
copies of the project files for their use/records.
Part VII Deliverables - As a result of these tasks, Clatting Jackson shall produce the
following:
· One (1) Pre-construction Meeting Minutes
· Up to twenty (20) field reports
. Shop drawings review and approval by each Project Team member
· Responses to Requests for Additional Information (RFI)
· One ( I) substantial completion letter and punch list
. Three (3) CD's containing the project drawings and other documents as appropriate
PART VIII - Additional Services
2.28 Additional Services - Glatting Jackson will provide Additional Services as mutually agreed
upon between Glatting Jackson and the Client. These may include but are not limited to:
Revise drawings, specifications or other documents when such revisions are:
. Inconsistent with approval or instructions previously given by the Client, including
revisions made necessary by adjustments in the Client's program or project budget
. Required by the enactment or revision of codes, laws or regulations subsequent to the
preparation of such documents
. Due to changes required as a result of the Client's failure to render decisions in a
timely manner
Provide services required because of significant changes to the project (e.g. size, quality,
complexity, the Client's schedule, method of bidding and negotiating the contracting for
construction)
Post-"Issued for Bid" Drawings Redesign
Value Engineering (VE) Redesign in Response to Bid
Services necessitated by Client's or Contractor's default
Additional work resulting from bidding, negotiation or construction pnor to the
completion of Construction Documents
Prepare record drawings
Warranty review site visit
Contract Administration Between Owner and Contractor
Multiple "Substantial Completion" Site Visits
Phased Construction (if phasing occurs after contract negotiation)
Glattinf? Jackson Kercher Anf?lin. Inc.
Page 9 of 12
[C
PART IX - Services Not Provided
2.29 Services Not Provided
On-Site Construction Management
As Built Documents
Any work required by federal, state, or local code to be provided by a licensed
professional other than a Landscape Architect is beyond the scope of the work to be
performed by Glatting Jackson. Each professional on the team will sign and seal
documents containing the work prepared by them.
3~ PROJECT SCHEDULE
Glatting Jackson is prepared to begin work on the project immediately upon receipt of this
executed Letter of Agreement and a retainer if required under Compensation. Glatting
Jackson, in consultation with the Client, shall perform its work in such a manner as to comply
with an agreed upon schedule.
4.0 ASSIGNED PERSONNEL
The following personnel from Glatting Jackson will be assigned to this project. and will havt
the responsibilities described:
David L. Barth
Mike Sobczak
Chad Atkins
Carlos Perez
Jonathan Mugmon
- Principal-In Charge/Principal 5
- Project Manager/Urban Designer 4
- Landscape Designer 3
- Landscape Architect 2
- Graphic Artist 4/Signage & Wayfinding
5.0 COMPENSATION
5. ] Parts I - VII - The fee for the work described in Part I -VII shall be a lump sum fee of twu
hundred seventy three thousand two hundred dollars ($273.200) including direct expenses.
The Client shall be billed on a monthly basis as a percent complete of the fees.
5.2 Part VIII - The fee for Part VIII, Additional Services, shall be billed using the hourly rate'.
listed herein, or as an agreed upon fixed fee.
5.3 Application Fees - All application, filing, and permit fees, including, without limitation. all
fees to ]ocal, regional and state governments and agencies. shall be paid by the Client directly
to the appropriate agency at the required time.
5.4 Subconsultant Fees - Fees for subconsultants working on this project under direct contract
with G]atting Jackson are included in the fees for each part of the '.cope of services detailed
above. Glatting Jackson bears no liability for the technical accuracy of work prepared by
others including subconsultants to Glatting Jackson.
(;Jurring Juckso" Kercher Allg/"I. III (
PagL' III or I ~
[C
Beth Ravitz
Michael B. Schorah & Associates
Stephen Boruff Architects
Roy-Fisher Associates
Total
$10,000.00
$62,780.00
$42, I 00.00
$ 18.400.00
$133,280.00
5.5 Retainer - No retainer will be required.
6.0 CLIENT RESPONSIBILITIES
6.1 Client shall designate a Project Representative immediately upon execution of this Letter of
Agreement, who shall be Glatting Jackson's point of contact with the Client, and who shall,
by virtue of Client's designation, have authority to bind the Client. The Project
Representative shall be responsible for all coordination with the Owner (if a separate person
or entity from the Client as shown in Article 1) and any separate consultants.
6.2 Client shall provide full information to Glatting Jackson regarding project requirements and
constraints including, without limitation, a program setting forth the Client's objectives, and
shall provide all data, drawings, information or other resources requested by Glatting Jackson
that are necessary for completion of the project.
6.3 Client shall comply with any schedule requirements made known to the Client by Glatting
Jackson and, in any event, shall be available to meet with Glatting Jackson and provide
decisions in a timely manner throughout the project.
6.4 Client shall be responsible for all other aspects of the project not specifically assigned to
Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance)
for Additional Service.
We look forward to working with you on this project. If you find these terms acceptable please sign
where indicated below and return one signed original to Glatting Jackson for our files. Please call me
if you have any questions.
Sincerely,
Mike Sobczak
Project Manager
Glattinf{ Jackson Kercher Anf{lin, Inc.
Page 11 of 12
[C
AGREED TO AND ACCEPTED BY:
City of Boynton Beach
By:
Its:
Date:
By:
Its:
Date:
Glatting Jackson Kercher Anglin, Inc.
David L. Barth
Vice President
August 2, 2007
(;t([t!in~ J{U'ksOIl Kerdlcr ,Anglin, In(
Page 12 of ! ~
VI.-CONSENT AGENDA
ITEM 8.4
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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
~ August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15. 2007 (N oon) ~
-
~
0 September 18,2007 September 3, 2007 (Noon) 0 November 20,2007 November 5, 2007 (Noon6
I
0 October 2, 2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19, 2007 (NOOl~
J:>-
0 Announcements/Presentations 0 City Manager's Report
0
NATURE OF 0 Administrative 0 New Business N
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Request the authorization to purchase two (2) Lime Paste Slakers, Series A-758 for the East Water
TreatmentPlant. The cost for the Lime Paste Slakers are $71,668.00 each, for a total amount of$143,336.00.
EXPLA...~A TION: Lime Paste Slakers are used to process lime rock into slurry paste to soften the water and control the pH
in the water. The original Lime Paste Slakers were installed in 1989 and 1993 and over the past few years, the Utility
Department has been routinely replacing and repairing parts for the slakers. The slakers are in need of replacement and would
be purchased through Water Treatment and Controls Co., a Sole Source vendor for this equipment. The two units will be
installed by qualified staff from the Utilities Department. The City will supply piping, electrical and water to the units.
PROGRAM IMP ACT: The Lime Paste Slakers are necessary in controlling the pH in the City Of Boynton Beach water
supply.
FISCAL IMP ACT: The funds for this purchase are available in the Renewal and Replacement Account number
403-5000-59-96-02, Project number WTROI7.
ALTERNATIVE: Not replacing the slakers could result in an umepairable breakdown of existing machinery, which would
jeopardize the quality of the water supply.
~1:J~"
~,~
1 Manager's Signature
~
Procurement Services
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
C")
("") -f
=i-<
-<0
~)-'r1
'-CD
1'10
~-<
"".....z
U')-i
,.,
A::.
-"
-,-,co
-fTl
n>
fTlC')
:I:
MEMORANDUM
Utilities #07-105
To: Bobby Jenkins
Asst. Finance Director
From: ~Kofi Boateng, PEY
Utility Director
Date: July 30, 2007
Subject: Purchasing of two (2) Lime Paste Slakers for EWTP
The Utility Department would like to purchase 2 Lime Paste Slaker, Series A-758. The
East Water Treatment Plant owns and maintains 3 Lime Paste Slakers. The installation
and operation of these three units have been successful, originally installed in 1989 and
1993. Within the past few years we have been replacing and repairing parts for the
slakers.
The 2 units will be installed by our qualified staff here at the East Water Treatment Plant.
The City will supply piping, electrical and water to the units. The Cost for the Lime
Paste Slaker is $71,668 each for a total for a total of $143,336.00. Funds are available in
account number 403-5000-59-96-02 Project # WTR 017.
Attached please find a Sole Source letter from the distributor Siemens Water
Technologies Corp. The quote is dated 11/2/2006 we called and spoke to Frank Smith,
Sales Manager and verified quote is still valid.
Please present this at the next City Commission meeting for their approval. If you have
any questions contact me at ext. 6401 or Melvin Pinkney at ext. 6428.
/ME:
Attachments "k . ">, .oa-
CC: Michael Low \)..~
Barb Conboy ~v I ~ t.Ol
Melvin Pinkney
REQUEST FOR REQUISITION
I H.T.E. ENTRY DATE: 7/30/07
T.E. REQUISITION #
Clerk: ME
Procurement Ass't:
Director: i
i
City Manager (non budgeted
capital and/or $5000+):
REASON FOR PURCHASE:
Purchase 2 Lime Paste Slakers for the EWTP.
VENDOR INFORMATION: DIVISION: OTHER INFORMATION:
Name: Water Treatment & Controls Co. Admin. ( ) Date: 7/30/07 ASAP (X)
Address: 9900A N. Palafox Street Construction ( ) Date Needed: 8/14/07 Confirm. ( )
Pensacola, Florida 32534-1227 Cust. ReI. ( ) ASAP/Conf. ( )
Distribution ( ) BACKUP DOCS. DELIVERY:
SUBMITTED:
Phone (contact): Chip Ross Water Qual. ( ) QuotesN erbal ( ) E. Admin. 40 ( )
(over $500)
,jO-474-1805 Pumping ( ) Quotes/Written ( ) E. WTP 41 (X)
(over $2000)
Vendor Number: 3109 PWTreat. (X) Bid Docs. ( ) W.WTP 42 ( )
Meter Servo ( ) Sole Source Ltr. (X) PIU 99 ( )
INITIA TOR: Melvin Pinkey Sewage ( ) Insurance ( ) Special Instructions:
Requirements:
APPROVED: Strmwtr. ( ) SNAPs/GSA/Piggy-back Project Number:WTR017
#:
Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount
2 $71,668 (2) Lime Paste Slakers 403 5000 59 96 02 143,336.00
TOTAL 143,336.00
I
APR-10-2007 TUE 11:08 AM WATER TREATMENT
FAX NO, 4741776
p, 01
FAX
Water Treatment
& Controls Co.
(850) 474-1805
(800) 826-7699
(850) 474-]176 FAX
9900A N, PALAFOX STREET. PENSACOLA. FLORIDA 32534-1227
DATE: April 10, 2007
TO: Mr. Melvin Pinkney. City of Boynton Beach, FL
FAX: }..561-742-6478
PHONE: 1-561-742-6428
REF: W &T Slaker Prieing
FROM: Chip Ross
CC: Mike Robbins
NUMBER OF PAGES INCLUDING COVER SHEET: 3
....................~.~....e..................~.....+e...*.~**.c...$............................
Good afternoon Melvin,
I am faxing last November's quote for the Wallace & Tieman@ 1,000# Lime Slaker. Please be advised, that
it would be a good idea to add additional funds to cover any price increase. I suggest at least 5%.
If you have any questions, please don't hesitate to call me at 800-826M 7699 or Mike Robbins at 352-267-
3223. Thanks for your interest in Wallace & Tieman Products.
Best;~~
PARTS SERVICE SALES
APR-10-2007 TUE 11:08 AM WATER TREATMENT
FAX NO. 4741776
P. 02
SIEMENS
5ie1l1Ctllll WIlIer TlIctmOIQllles TEL (858) 507-9000
1M' West GIw'r:lsn ~ FAX (05tl) 507-4079
Vu1e1and. NJ 08380
EQVIPIf~NT OFFERING
PRWECT:
Boynton Beach
Boynton Beach. FL
OA TE:
AI: tI:
REVISION #:
11/2/2006
260655
o
PROPOSAL TO: John Reynolds
SPEC.SECTK>N: RFQ
W& T AE: David Stonage
REGIONAL MGR: Frank Smith
SCOPE OF SUPPLY
QUAN DESCRIPTION
1 Series A"758 Lime Paste Sl8Ier. 1000 PPH Capaclty complete with:
- Calton Sleet Trough
. 112hp Paddle Shaft Motor - 3ph, 2301<46Ov, 6Oh~ C1. B
- vapor & Dust Arre5for, Mecl181lieal Torque Valve. WPRV, Strainer & Gauge,
. Solenoid for auto batch and adapter
- Slaker delivers 18% Slurry Concenb'lllion
. Unills shipped Prt-WIred/ Pr&-Piped, Assembled & Tested
1 Conveyor Type Grit Remover for 1000 PPH Capaclty SJaker - Ca'bon Steel . complete with:
-l/4hp Grit Remover Moler. 230/46Ov. 3ph. 60hz TENV & Gearbox
. Grit RernOYer Attachments, V~, Parts for 18% Concentration
- Support for Conveyor Type Grit Remover
1 Series 31-165 Gravimetric Bell Feeder. 1000 PPH C~acIty complete with:
. SCR & Setpolnt Conltollel'$
- Feeder Support POSlll. Feeder Oischllfl111 Connection
. Weigh decks, load eeIIs, brOl<en belt delector
1 Slandatd Control Panel For Slaker. Grit Remover, & Feeder complete with;
- NEMA 4 Endosure - Carbon $lee! ... Enclosure Mounting Parts
- Relay Logic Conlrols, Aulo-B8rd1ing, Totalizer
- Feed-Rate Control & Readout Meter, Switches. Llghts, Disconnect Switch
. 4-20 mA Control of Grlllimetnc Feedar
1 Inlet RelCible Connection. Hypalon (UXE 13755)
NOTE 1 Siemens Water Technologies proposes to furnish materials. and/or equipment for the above mentioned
project. Any items not shown above as detailed under 'SCOPE OF SUPPLY', or other attachements to
this Proposal. are EXCLUDED. In addition, installation labor. miscellaneous plumbing, fittings, valves,
chemical supply. tanks. mixers. instruments, motor starters. main connections, diffusers, supports.
anchor bolts and electrical conduit not specifically mentioned above. shall be supplied by others.
NOTE 2 Any orders resulting from this proposal are subject to the Seller's Terms and Conditions of Sale attached.
Bid price does not include any applicable taxes. and is valid for 60 days. Site Startup Service is included
as indicated below.
Terms: 100% Net 30
FOB: Factory with Freight Allowed to Jobsite
Submlttat:
Shipment:
Startup:
Price;
8
12-14
3
$71.668
weeks ARO
weeks ARA
days included
Thank you for your interest in Siemens Water Technologies. We are committed to meeting your expectations.
Local Sal.. Water Treatment & Controls ~ Pensacola, F"L
Contact: Mike Robbins
Tel: (850) 474-1805
Fax: (850) 474-1776
Salee Manager Frank Smith
Tel: (630) 933-8582
Fax: (630) 933-8587
APR-10-2007 TUE 11:09 AM WATER TREATMENT
FAX NO, 4741776
p,
~TANIM.RD l'UM..4WF SAU
I. Ap!,li~l~ Tmoll. These terms govern the purchase and sale of the equipment llTId reluteli :lC:fViccs, ifuny (collectively, "Equipment"), referred to in Seller's
purchase order, quotation., proposal or aclml)wledgrnent. lIS the case may be ("Seller's Documentation"). Whether these tenns are included in an otTer or 1m acceptllncc:
by Seller, such otTer or ~te is COIIditioned on Buyer's assent to these terms. Seller rejectS alllldditiollal Of di lferent terms ill ilIly of Buyc:r' s fonns or documen~.
2. Pavrnent. Buyer shall pay Seller the full purcbase price lIS set forth in Seller's Documentation. Unless Seller's Documentation provides otherwise, freight, ~
insurance and aU taxes, du.ties 01' other govemmenbll charges relating to the Equipment shall be pai(! by Buyer. If SeUer is required to pay any such chllTges. Buyer shall
il'll1llC:dilltely rc:imb1ll'SC ScHer. All payments Me due within 30 days after receipt ofinvoicc. Buyer shall be charged thlllower of 1 \4% interest per month or the
mllXimum kgal rate on all amounts not receiYed by the due dale and :lImI1 PllY aU of Seller's reasonable costs (including anomeys' fees) of collecting amounts due but
unpaid. All orders are subject to credit approval.
3. Delivery. Delivery ofthc Equipment shall be in material compliance with the schedule in Seller'lj Documentation. Unless Seller's Docwncntation provides
otherwille, Delivery terms are F.O.B. Seller's facility.
4. Ownership of Mare rials. All devices, designs (including drawings, pllUl.S and specifications), estimates, prices, noleS, electtOnic data and other documents or
information prepared or disclosed by Seller. and all rGlllted intellectual property rights, shall remllin Seller's property. Seller grunts BU)1:r a non.exclusive, non.
transferable licen$(: to ulse i1DY such material solely far Buyer's use of the Equipment. Buyer shall not disclose any such makriallO third parties without Seller's prior
wriUm oonscnt.
5_ Chan&f:S. Seller shall not implement any changes in the soope ofwolt- described in Seller's Documentation unl!:iSS Buyer and Seller agree in writing to the detlliIs
of the chan~e llnd any resulting price, schedule or other COOl1'3CtllUl modillCllrtions. This includes any changes necessitated by II change in applicable law OOCtllTing after
the effective dale of any co.ntract including these termIl.
6. Warranty. Subject to the: following sentence, Seller warrants to Buyer !hat: lile Equipmeat shall mlttc:rially oonfonn to the dilSaiption in Seller's Documentation
Imd shall be free: from defects in material and workmanship, The foregoing wammty shall not apply to any Equipment that is specified or otherwille demanded by Buyer
IIJId is not mlmufactunld or selected by Seller-, as 11) whil,.t! (i) Seller lu:reby assigns to Buyer, to the extent assignable, any wammties made to Seller and (ii) Sellf;J' shall
have DO olber liability to &lyer un4c:r wammty, tort or any other legal theory. JfBuyer Sives Sellet prompt written notice ofbn:ach of this warranty within 181DODths
from delivery or I Yelsr trom acceptance. whichever occurs first (the .W8lTanty Period"), Seller shalt. lit itl; sole option and lIS Buyer's sole remedy, rqmir or replace the
~ubject parts or rd\md the purclwe price therefOre. If Seller d.el.enni1le$ that lltIy claimed bmteb is not, in fact, covered by this Warl'llllJy, Buyer shall pay Seller its then
customary c:barges for any .repair or replacement made by Seller. Seller's warranty is cooditiooed 00 Buyer's (a) operating and maintaining the Equipment in
accordance with Seller's in$ttuctil~ (b) not making any IJD8IItboriDd repairs or altetati<lns, ~ (c) Pot being in dc=fwlt of IIIIY PilYJllCDt obligation to Seller. Sell
warranty does not (lOver damage caused by chemical action or abrasive material, misuse or improper in.staIlation (unless insmlled by Seller). THE W ARRANTIl
FORTII INTmS SECTION ARE SELLER'S SOLE AND EXCLUSlVE W ARRANTlES AND ARE SUBJECt' TO SECTiON 10 BELOW. SEl.LER MAKES r-.v
OTHER W ARR.ANI1E.r>; OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT UMIT A TrON, ANY WARRANTY OF MERCHANTABJUTY OR
FITNESS FOR PURPOSE.
7. i~J1it,}:. ScIIc:r shall indemnify, defend and hold Buyer hltmlless from any claim, cause of action or liability incurred by Buyer as a resull ofthifd pllrty claim~
for personal iJijury, death or damage to tangible property, to lhe extent caused by Seller's negligence. Seller shall have the sole authority to ~ the defimso of and
5Cttle any indemnified c:Iaim. Seller's indcmni6catiou is oonditiooed on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing
reasonable cooperation in the deftm~ of any claim.
8. Fnroc: Mli,.lWt, Neither Seller l\O( Buyer-Shall have: lUly Iu.bility for any breach (except for breach of pllymetlt obligations) causl:d by eiUr1:me wellthcr 01' other act
of God, mike or other labor stlottuse or disrurbance, fire, accident, war (If civ il di."Iturbllnce, delay of Clllriers, failure of normal sources of supply, act of government or
any other- cause beyond such party's nlasooable control.
9. Cancellation. if Buyer ClUlce1s or $wlpend:> its OrGc;r for IIDY reason other than Seller's breach, Buyer shall promptly pay Sc:Uer for work performed prior to
cancellatiQf1 or suspen$iCltl und uny other direct costs incurred by SeUer as a reSlllt of such cancellation or sUllpension.
10. R=vation Cllm:f~. Buyor aclcnowledges tIW Seller is required to comply with applicable export laws and regulations relating to the sale, expottlttion, ltanllfer,
lISsigmnCDt, disposal and USllge of the Equipment provided under this Agn::cmcnt, including any export license requiremetlts. Buyer lIgrCe:t tb. sud1 Equipment shall
not at any time direclly Or indirectly be used, exported, sold, transferred, assigned or otberwi$e dillpoS<<l of in a mllllDC'l' which will result in non-compliance with such
flPplicable elqXlrt laws and rogulations. It 8halI be a coodition of the continuing perfonnance by Seller of its obligations hereunder that compliance with such export
laws and rcgullltions be mllinrained at all times. BUYER AGREES TO INDEMNlF'Y AND HOLD SELLER HARMLESS fROM ANY AND ALL COSTS,
LlABJUTIES, PENALTIES, SANCTIONS AND FINES RELATlID TO NON-COMPLIANCE WITH APPUCABLE EXPORT lAWS AND REGULATIONS.
11. LTMITATT.QN QF UARlLrrv. NOTWITHSTANDINQ ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY
CONSEQUEN1'1A4 INCIDENTAL, SPECIAL, PUNITTVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARrSING AT ANY TIME
FROM Tlffi SALE OR USE OF nm r~UlPMENT SHALL NOT EXCEro THE PURCHASE PRICE PAID FOR lHE EQUIPMENT. THESE LOOT ATIONS
APPL Y WHETIIER THE UABILTIY IS BASED ON CONTRACT, TORT, STRJCT LIABJUTY OR ANY OTHER THEORY,
12. Mi~9CI!lI1lCO!1-" Iftb0se tenns are issued in connection with i government contract, they shall be deemed to include those federalllCquisition regulations that arc
rcquil'l:d by law to be included. These t.enns, together with any quotation, purchase order or acIa10wledgement issued 01' signed by the Seller, comprise tht complctr' -~d
exclusive statement of the agreement between ~ pi!lI1ies (tile "Agrcc:mcnt") and supersede MY terms contained in Buyer's documlmts, vnlcss separately signed b~
Seller. No part oflbe Agreement may be cbllQ~ or can"lled except by a written document signed by SeDer- and Buyer. No COUlBe of dealing or performance,. UShc, A
trade or failure to enforce any term &hall be u.'iCd to modify the Agreement. If any of these termS is unenforceable, such tam shall be limited only to the extent necessary
to make: it enforceable, and wI other tams shall remain in full force and effect. Buyer may not llIl$ign Qr permit any other U'an.'lfllr of the Agreement without Seller'~
prior ~tten consent. The Agm.mc:nt shall be governed by the IIIWS of the State of Del. ware withOllt ~llrd to ita oonflict oflmw provisions.
UV/1V/"VVI1'1'1 1.1,"1) 1.'1111 UVU VVI ,J.(I/ OlGl!IClWJ l'Uvvl ,,,,,1.,1.'.
'~\}Vl/ VVl
SI EM ENS
March 16, 2007
Melissa Exhevarria
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
FAX: 561-742-6299
Dear Melissa Exhevsrris:
This letter is to advise that the exclusive USFilterlWaflace & Tieman Products
distributor of water/wastewater equipment and parts for the State of Florida is:
Water Treatment & Controls Company
9900A North Palafox Street
Pensacola, FL 32534
TEL: (850) 474-1805
FAX: (850) 474-1776
If you have any questions, please feel free to contact me at (225) 791-9513.
Sincerely,
fRatuLt; {Jft6
Randy Otis
Southern Distributor Sales Manager
ROllbc
cc: Tina Goodson - wr&C
SJemens Water Technologies Corp.
190' West Garden Road
Vineland, NJ 08360
Tel: (856) 507-4067
Fax: (856) 507-4067
v..ww.l.lsfilter.com
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.1
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commlssion
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
April 16,2007 (Noon)
o June 19,2007
o July 3, 2007
o July 17,2007
June 4, 2007 (Noon)
o April 17,2007
o May 1,2007
o May 15,2007
o June 5, 2007
April 2, 2007 (Noon.)
June 18,2007 (Noon)
April 30, 2007 (Noon)
July 2, 2007 (Noon)
May 14,2007 (Noon)
[J August 7, 2007 r.. July 16,2007 (Noon)
::J~-fv t.W&.2I, ~OOJ
NATURE OF
AGENDA ITEM
0 Anno un cern ents/Presentati ons 0 City Manager's Report
0 Administrative 0 New Business
k3J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Postpone consideration of an amendment to the Cemetery Rules & Regulations until August 21,
2007. This request for postponement is due to the fact that the Board will not meet until August 9, 2007.
EXPLAr~ATIOr~: In t.larch and April of this yearl the Cemetery Board unanimously passed motions to recommend to the City
Commission amending the Cemetery Rules & Regulations to clarify two areas of concern. The two recommended rule changes
are as follows:
"Rule #17 -In an adult grave, the following will be permitted at the discretion of the Parks Superintendent:
a. One (1) casket, plus two (2) cremains. Of the two cremains, one must be an immediate family
member of the individual buried in the casket; or
b. Three (3) cremains. Of the three cremains, two (2) must be immediate family members.
For purposes of these Rules & Regulations, an immediate family member shall be defined as an individual who is related by
blood, marriage or adoption."
And
"Rule #3-M - All identification information including letters and emblems on crypts and niches shall be inscribed by engraving.
The cost of new crypt or niche inscription fees shall be paid at the time of interment. Existing bronze letters shall be replaced
with inscription by the City. Replacement inscription shall be done at no cost to the owner of the crypt or niche, but shall be
paid from the Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze emblem with
a sandblasted emblem shall be done at the owner's expense."
As required in the Rules & Regulations, Mr. Brady Osborne was given written notice of the proposed rule changes and he has
not exp,essed any oppos;tion to the ,ecommendat;on. ~
. . .0?~-e./l
City Manager's Signahrre
Assistant to City Manager ~
City Attorney I Finance
City Clerk's Office
S:\CC\WP\CEMETERY\Agenda Item Requests\Agenda Item Request to Postpone consideration of changing two rules.doc
VI.-CONSENT AGENDA
ITEM C.5
CITY OF BOYNTON BEACH
AGENDA ITElVl REQUEST FORlYl
Requested City Date Final Form Must be Reouested City CommisSion Date Final Form Must be
CommisSion Meetlno Dates Turned In to City Clerk's Office Meetina Dates Turned in to Citv Clerk's Office
U April 17, 2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon)
0 May 1, 2007 April 16, 2007 (Noon) 0 JUlY 3, 2007 June 18, 2007 (Noon)
0 May 15,2007 ADril 30, 2007 (Noon) ~ July 17, 2007 July 2, 2007 (Noon)
n June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon)
0 Annou ncem entsj Presentations 0 City Manager's Report
0 Administrative 0 New Business -" , .,: -_:
NATURE OF -_J
"
AGENDA ITEM ~ Consent Agenda 11 Legal c_
LJ --r"'"
0 0 ........~ ..
Code Compliance & Legal Settlements Unfinished Business ~..~
G") -
f'...._) n_.'
0 Public Heanng 0
::-:=~':II
RECOMMENDATION:
Amend the Cemetery Rules & Regulations.
\Lj
_"J
~ --~;-i
EXPLANATION: In March and April of this year, the Cemetery Board unanimously passed motions
to recommend to the City Commission amending the Cemetery Rules & Regulations to clarify two areas
of concern. The two recommended rule changes are as follows:
"Rule :# 17 - In an adult grave, the following will be permitted at the discretion of the Parks
Superintendent:
a. One (1) casket, plus two (2) cremains. Of the two cremains, one must be an
immediate family member of the individual buried in the casket; or
b. Three (3) cremains. Of the three cremains, two (2) must be immediate family members.
For purposes of these Rules & Regulations, an immediate family member shall be defined as an
individual who is related by blood, marriage or adoption./I
And
"Rule #3-M - All identification information including letters and emblems on crypts and niches shall be
inscribed by engraving. The cost of new crypt or niche inscription fees shall be paid at the time of
interment. Existing bronze letters shall be replaced with inscription by the City. Replacement
inscription shall be done at no cost to the owner of the crypt or niche, but shall be paid from the
Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze
emblem with a sandblasted emblem shall be done at the owner's expense."
As required in the Rules & Regulations, Mr. Brady Osborne was given written notice of the proposed
rule crlanges and he has not expressed any opposition to the recommendation.
S:\CC\WP\CEMETERY\Agenda Item Requests\Agenda Item Request - Change two Rules - 07-17-07 Meeting.doc
Agenda Item Request Form
Ci~y Commission Heeting
U/ 2007
PROGRAM IMPACT None
FISCAL IMPACT: (Include Account Number where funds will come from)
ALTERNATIVES: Do not accept the recommendation of t e Cemetery Board.
City Manager/s Signature
Assistant to City Manager
-~
City Attorney / Finance
Department Name
"-- :=:C',\/'..'?\CEi"1:::T::RY\Agenda Item R,eouests\Agend2 Item Request - Change twO Rules - 0/'<.7-07 tVleeti:l~.OQC
1
2
3
4
5
6
7
8
9
10
11
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING RULE #17 AND
RULE #3-M OF THE CEMETERY RULES &
REGULATIONS; AND PROVIDING AN
EFFECTIVE DATE.
\VHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and
12
Regulations and does hereby recommend an anlendment to the Rules and Regulations
13
.Amended May, 2007; and
14
WHEREAS, upon recommendation from the Cemetery Board, the City
15
Commission has detemlined that it shall revise Rule #17; and
16
WHEREAS, upon recommendation from the Cemetery Board, the City
17
Commission has detennined that it shall add a new Rule #3-M.
18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
19
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
20
Section 1.
Each Whereas clause set forth above is hereby ratified as being true
21
and correct and incorporated herein by this reference;
22
Section 2.
The City Commission of the City of Boynton Beach, Florida,
23
amends the Rules and Regulations of the Cemetery Board by amending Rule #17 as
24
follows:
25
26
27
28
29
30
31
32
17. In un udul~ ;7"ayc, the following ,,,'jll be permitted.: One (1) caslet!, plus
one (1) cremains, or thre~ (2) cremains. No marc tho.n ~hTe:: (3) l11a:-I:ers ,,:ill be
pennitted per adult gro.','c. In the Rcplut section, t'.':o (2) cremains will be pcmlitted in
u cren-:oins plot. 1';0 more t11al1 two markers 'wil1 be pemlitted on a cremains plot in
the Replut section.
In an adult 0'ave. the followinQ: will be permitted. at the discretion of the
Parks Suoerintendent:
S:\CA \RESO\Administrative\Cemetery R&R - Amend Rule 17 and 3-M.doc
1
2
3
a. One (1, casket. plus two (2) cremains Of the two cremains.
one must be an immediate familv member of the individual buried in tllt:
casket: or
b. Three (31 cremains. Of the three cremall1s. nvo must be
immediate familv members.
4
5
6
7
8
9
10
11
For purposes of these Rules and Regulations. an immediate familv member shan be
defined as an individual who is related bv blood. maniasre or adoption.
Section 3.
The City Conm1ission of the City of BOY11ton Beach. Florida,
12
amends the Rules and Regulations of the Cemetery Board by amending Rule :::3-1\.1 as
13
follows:
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3-M. Ir: addition to tbe ],Jronze letters. there '.vi]] be D. li;1~i: of t,,:o emblems
a]]owed per erypt/r:iebe. These bronze letters and emblems may be obt:lined from
Bo:,mon Bsach !\1uUJoleam, Inc.. ",,'ho is the City'::; exclusi,'c sa]e::; agent, und ::hull be
insta]]ed by the City of BO)11ton Beach. All identification infom1ation ineludim::
letters and emblems on crypts and nicbes shall be inscribed bv ensrravin2. The cost of
nev.' crypt or niche inscription fees shall be paid at time of intem1ent.
Fxistinu brOl17e letters shall be replaced ,vith inscription b'\! t11e (it'\!. Replacement
inscription shall be done at no cost to the owner of the crypt or nicbe. but shall be
paid from the Perpetual Care Fund. If existing bronze emblems are damaQ:ed.
replacement of an existinsr bronze emblem with a sandblasted emblem shall be done
at the owner's expense."
Section 4.
This Resolution shall take effect immediately upon passage.
S:\CA\RESO\Aoministratlve\Cemetery R&R - Amend Rule 17 and 3-M.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
PASSED AND ADOPTED this
day of July, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mavor - J errv Tavlor
'" - '"
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Attest:
.Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Administrative\Cemetery R&R - Amend Rule 17 and 3-M.doc
VI.-CONSENT AGENDA
ITEM C.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
[gJ August 2], 2007
D
D
D
August 6, 2007 (Noon.)
D October 16, 2007
D
D
D
October], 2007 (Noon
September 4, 2007
August 20, 2007 (Noon)
November 7, 2007
October ]5,2007 (Noon)
September] 8, 2007
September 3, 2007 (Noon)
November 20, 2007
November 5, 2007 (Noon)
C")
C")-
---I
--1-<
-<0
C")"
,-CO
'"rIO
::2-<:
--'", ...,.
.-
Cr) --f
,,->52
-,,-
~CXl
c.n -,.,.,
Ul " ::>
rrtC'j
RECOMMENDATION: Please place this request on the August 21,2007 City Commission Agenda under Co~ent
Agenda, as a resolution to consider the request from Crown Castle South LLC (sublesee) on behalf of New Cingular Wireless
PCS, LLC (lessee) to amend the lease agreement for Cingular's (formerly Bellsouth Mobility) telecommunications tower at
300 East Woolbright Road (City's Little League Field site). Staff recommends that this request be approved thereby allowing
an extension of the lease agreement, and a new provision for an option to expand the lease area by an additional 16 feet by 20
feet for potential future colocations.
October 2,2007
September ]7, 2007 (Noon)
December 4, 2007
November] 9, 2007 (No~
-.J
.b
c::
CiJ
I
'"
Consent Agenda
D
D
[gJ
D
D
City Manager's Report
New Business
NATURE OF
AGENDA ITEM
D
D
[gJ
D
D
Administrative
Announcements/Presentations
Code Compliance & Legal Settlements
Legal
Unfinished Business
.b
::r
C5
..
Public Hearing
EXPLANATION: Property has been leased for a telecommunications tower to Bellsouth Mobility Inc. since February
1, 1995 when the original agreement was approved by the City Commission. In June, 2000 the City consented to an
agreement between Bellsouth and Crown Castle International to facilitate the transfer of tower maintenance and management
responsibility. The proposed lease amendment will result in the following: (1) extension of the lease for an additional 15
years to the year 2035; (2) a 5% increase in rent each year from 2020 to 2035; (3) an option to lease additional ground space
(16' by 20') at the tower site for two years; and (4) a lump sum payment of $23,500 to the City upon execution of the lease
amendment.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
Approval will result in immediate collection of $23,500, a rent increase of $500 per month over
the current annual lease amount of $15,000 for expansion area if option is exercised, and a 5%
annual increase in rent for the extension period (2020 to 2035).
ot approve the proposed lease amendments, or approve .th changes.
, (if J 1-z:I- -
Planning and Z g Director
anager's Signature
Assistant to City Manager ~
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 AND AUTHORIZING THE MAYOR AND CITY CLERK
7 EXECUTE THE SECOND AMENDMENT TO LEASE
8 AGREEMENT BETWEEN THE CITY OF BOYNTON
9 BEACH AND NEW CINGULAR WIRELESS TO PROVIDE
10 FOR ADDITIONAL RENEWAL TERMS BEYOND THE
11 ORIGINAL TERM; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14
15 WHEREAS, the parties entered into a Lease Agreement dated February 1, ] 995, and
16 an Amendment thereto dated August 1, 2000; and
17 WHEREAS, the parties wish to further amend that Agreement by allowing an
18 extension of the Lease Agreement and a new provision for an option to expand the leased area
19 for potential future colocations; and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, on
I
21 recommendation of staff, deems it appropriate to approve a Second .";,mendment to Lease
22 Agreement between the City of Boynton Beach and New Cingular Wireless to provide for
23 additional renewal terms beyond the original term and an option to expand the lease area,
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
26
Section 1,
The foregoing "Whereas" clauses are hereby ratified and
27 confirmed as being true and correct and are hereby made a specific part of this Resolution
28 upon adoption.
29
Section 2.
The City Commission does hereby approve and authorize the
30 Mayor and City Clerk to execute a Second Amendment to Lease Agreement between the City
S:\CA\RESO\Second Amendment Lease Agreement (New Cingular).doc
4
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
of Boynton Beach and New Cingular Wireless to provide for additional renewal terms beyond
2 the original term and an option to expand the lease area, a copy of which is attached hereto
3 and made a part hereof as Exhibit "A".
Section 3.
This Resolution shall take effect immediately upon passage.
5
PASSED AND ADOPTED this _ day of August, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S\CA\RESO\Second Amendment Lease Agreement (New Cingular).doc
Site Name: ABBB
BU#811576
PREPARED BY AND AFTER
RECORDING RETURN TO:
David F. Webber
Singleton Cooksey LLP
6363 Woodway, Suite 610
Houston, Texas 77057
MEMORANDUM OF SECOND AMENDMENT
TO LEASE AGREEMENT
THIS MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT
("Memorandum") dated as of the latter of the signature dates below, by and among The City of
Boynton Beach, a municipal corporation of the State of Florida ("Landlord"), having a mailing
address of 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-
0310, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, successor by
merger to BellSouth Mobility LLC, a Georgia limited liability company, successor by corporate
election to BellSouth Mobility Inc., a Georgia corporation ("Tenant"), having a mailing address
of6100 Atlantic Blvd., Norcross, Georgia 30071.
WIT N E SSE T H:
WHEREAS, Lessor and Tenant entered into that certain Lease Agreement dated February
1, 1995, which is recorded in Official Record Book 8874, Page 1260 in the Public Records, Palm
Beach County, Florida, as amended by that certain Amendment to Lease Agreement dated
August 1, 2000 (collectively, the "Lease") wherein Tenant leased certain real property located on
the City of Boynton Beach Little League Field, located on Woolbright Road in the City of
Boynton Beach, Palm Beach County, Florida as such property is more particularly described in
the Lease and on Exhibit "A" attached hereto and made a part hereof (the "Property"); and
WHEREAS, the parties entered into that certain Second Amendment to Lease Agreement
dated as of the date hereof (the "Second Amendment"), in order to, among other things, extend
the Lease term, all upon the terms and conditions more fully set forth therein.
NOW THEREFORE, for the mutual covenants and premises herein, and other good and
valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged.
the undersigned parties, intending to be bound, agreed in the Second Amendment as follows:
1. Status of Parties. All parties acknowledge that, to the best of its knowledge the
other parties have complied in all material respects with the obligations under the Lease
occurring on or prior to the date hereof and that, to the best of its knowledge, the other parties are
not in default under the terms of the Lease.
1
Site Name: ABBB
BU#811576
2. Extension Term. Subparagraph 4.b. of the Lease was modified in the Second
Amendment in order to provide that Tenant shall have the option to extend the Lease term for
three (3) additional five (5) year terms [commencing on September 15,2020 and continuing until
September 14,2035], upon the terms and conditions set forth in the Lease.
3. Option. A new Paragraph 25 was added to the Lease granting Tenant the option
to lease additional property adjacent to the Property under the terms and conditions set forth in
the Lease.
4. Capitalized Terms. Capitalized terms not otherwise defined herein shall have the
meanings set forth in the Second Amendment and/or the Lease, as applicable.
5. No Other Amendments. Except as expressly modified by the First Amendment,
the Lease remains unchanged and in full force and effect.
[Signature pages to follow]
2
Site Name: ABBB
BU#811576
IN WITNESS WHEREOF, Landlord and Tenant have caused this Memorandum to be
duly executed as of the date of their execution.
WITNESS:
LANDLORD:
THE CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
Witness Signature
Witness Printed Name
By:
Printed Name: Janet Prainito
Title: City Clerk
Date:
Witness Signature
Witness Printed Name
WITNESS:
Witness Signature
Witness Printed Name
By:
Printed Name: Jim Cherof
Title: City Attorney
Date:
Witness Signature
Witness Printed Name
3
Site Name: ABBB
BU#811576
THE STATE OF FLORIDA 9
9
COUNTY OF 9
On this _ day of , 2007, personally appeared before me Janet Prainito, City
Clerk of The City of Boynton Beach, a municipal corporation of the State of Florida to me personally
known to be the person who signed the foregoing, and who, being by me duly sworn and being informed
of the contents of said instrument, stated and acknowledged under oath that she has executed the same as
her voluntary act and deed and was voluntarily executed by herself for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public
My Commission expires:
THE STATE OF FLORIDA 9
9
COUNTY OF 9
On this _ day of , 2007, personally appeared before me Jim Cherof, City
Attorney of The City of Boynton Beach, a municipal corporation of the State of Florida to me personally
known to be the person who signed the foregoing, and who, being by me duly sworn and being informed
of the contents of said instrument, stated and acknowledged under oath that he has executed the same as
his voluntary act and deed and was voluntarily executed by himself for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public
My Commission expires:
4
Site Name: ABBB
BU#811576
WITNESS:
TENANT:
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
Witness Signature
Witness Printed Name
By:
Name: Nellie labbari
Title: Senior Manager - Partnerships/MLA' s
Date:
Witness Signature
Witness Printed Name
THE STATE OF
9
9
9
COUNTY OF
I, , a Notary Public within and for the State of
duly commissioned and acting, do hereby certify that on this _ day of , 2007,
personally appeared before me Nellie Jabbari, to me personally known to be the person who signed the
foregoing Memorandum of Second Amendment to Lease Agreement and who, being by me duly swom
and being informed of the contents of said instrument, stated and acknowledged under oath that she is the
Senior Manager - Partnerships/MLAs of New Cingular Wireless PCS, LLC a Delaware limited liability
company, and, as such, is a duly certified individual who may enter into agreements on behalf of that
entity. Moreover, she has acknowledged that the entity has executed the same as its voluntary act and
deed and was voluntarily executed by herself, on behalf of said entity, for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public
My Commission expires:
5
Site Name: ABBB
BU#811576
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Amendment") dated as of
the latter of the signature dates below, by and among The City of Boynton Beach, a municipal
corporation of the State of Florida ("Landlord"), having a mailing address of 100 E. Boynton
Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310, and New Cingular
Wireless PCS, LLC, a Delaware limited liability company, successor by merger to BellSouth
Mobility LLC, a Georgia limited liability company, successor by corporate election to BellSouth
Mobility Inc., a Georgia corporation ("Tenant"), having a mailing address of 6100 Atlantic
Blvd., Norcross, Georgia 30071.
WHEREAS, Landlord and Tenant entered into a Lease Agreement dated February 1,
1995, which is recorded in Official Record Book 8874, Page 1260 in the Public Records, Palm
Beach County, Florida, as amended by that certain Amendment to Lease Agreement dated
August 1, 2000 between the parties (collectively, the "Agreement") whereby Landlord conveyed
a Lease to Tenant for property located on the City of Boynton Beach Little League Field, located
on Woolbright Road in the City of Boynton Beach, Palm Beach County, Florida and containing
approximately 1,000 square feet, together with a right-of-way or access thereto (said leased
parcel and right-of-way hereinafter called "Property");
WHEREAS, the Agreement has an initial term and renewal terms that will terminate on
September 14, 2020 ("Original Term") and Landlord and Tenant desire to amend the terms of the
Agreement to provide for additional renewal terms beyond the Original Term.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, Landlord and Tenant agree as follows:
1. Status of Parties. All parties acknowledge that, to the best of its knowledge the
other parties have complied in all material respects with the obligations under the Agreement
occurring on or prior to the date hereof and that, to the best of its knowledge, the other parties are
not in default under the terms of the Lease.
2. Defined Terms. Any capitalized terms not defined herein shall have the meanings
ascribed to them in the Agreement.
3. Subparagraph 4.b. Amendment. Subparagraph 4.b. of the Agreement is hereby
amended by deleting the current text and inserting the following:
"b. Tenant shall have the option to extend this lease for seven (7) additional five (5)
year terms (the "Extension Terms"), and each Extension Term shall automatically occur
unless Tenant gives Landlord written notice of its intention not to extend this Agreement
at least six (6) months prior to the end of the current term. Landlord shall have the option
to cancel this Agreement after the third five (5) year Extension Term by giving Tenant
written notice of its intention to do so at least six (6) months prior to the end of the then
1
Site Name: ABBB
BU#811576
current term. The initial term and any Extension Terms shall be collectively referred to
herein as the "Lease Term.""
The parties acknowledge that pursuant to this Amendment the Lease Term exceeds the Original
Term by an additional fifteen (15) years.
4. Subparagraph 4.c. Amendment. Subparagraph 4.c. of the Agreement is hereby
amended by adding the following language to the end of such Paragraph:
"During the additional Extension Terms (the fifth through seventh Extension Terms)
annual rent shall be increased annually by five percent (5%) over the annual rental that
was in effect during the previous year."
5. Subparagraph 4.e. Amendment. Subparagraph 4.e. of the Agreement is hereby
amended by deleting all references to "fifth (5th) five (5) year term" and inserting in lieu thereof
"seventh (ih) five (5) year term":
6. Paragraph 25 Amendment. The Agreement is hereby amended by adding a new
paragraph 25, which shall read as follows:
"25. Option. Subject to the terms and conditions set out in this Agreement,
Tenant is hereby granted the right and option to lease additional property located adjacent
to the Property being sixteen (16) foot by twenty (20) foot ("Additional Property") as
more particularly described on Exhibit "A" attached hereto. Tenant shall exercise its
option by delivering to Landlord written notice of its election to exercise the option and
thereafter the parties shall execute a mutually agreed upon amendment to the Agreement.
The parties agree that annual rent for the Additional Property shall be $15,168.00 paid
annually by Tenant. Such annual rent for the Additional Property shall be adjusted in
accordance with the terms of the Agreement. Tenant's option shall commence upon the
date of execution of this Amendment by both parties and shall continue for two (2) years.
at which time the option set out herein shall terminate without notice, and be null and
void and without further force or effect.
7. Consideration. In consideration for amending the Agreement, Tenant agrees to
pay Landlord the amount of Twenty-Three Thousand Five Hundred and 00/1 00 Dollars
($23,500.00) ($25,000.00 less $1,500.00 previously paid by Tenant to Landlord to review and
process this Amendment) upon execution of this Amendment by both parties.
8. Remainder of Agreement Unaffected. In all other respects, the remainder of the
Agreement shall remain in full force and effect. Any portion of the Agreement that is
inconsistent with this Amendment is hereby amended to be consistent.
9. Headings. The headings contained in this Amendment are for reference purposes
only and shall not modify or affect this Amendment in any manner whatsoever.
2
Site Name: ABBB
BU#811576
10. Counterparts. This Amendment may be executed in counterparts, all of which
together shall constitute one agreement binding on all the parties hereto, notwithstanding that all
such parties are not signatories to the original or same counterpart.
[Signature pages to follow]
3
Site Name: ABBB
BlJ#811576
IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be duly
executed as of the date of their execution.
WITNESS:
LANDLORD:
Witness Signature
THE CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
Witness Printed Name
By:
Printed Name: Janet Prainito
Title: City Clerk
Date:
Witness Signature
Witness Printed Name
WITNESS:
Witness Signature
By:
Printed Name: Jim Cherof
Title: City Attorney
Date:
Witness Printed Name
Witness Signature
Witness Printed Name
4
Site Name: ABBB
BU#811576
THE STATE OF FLORIDA S
S
COUNTY OF S
On this _ day of , 2007, personally appeared before me Janet Prainito, City
Clerk of The City of Boynton Beach, a municipal corporation of the State of Florida to me personally
known to be the person who signed the foregoing, and who, being by me duly sworn and being informed
of the contents of said instrument, stated and acknowledged under oath that she has executed the same as
her voluntary act and deed and was voluntarily executed by herself for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public
My Commission expires:
THE STATE OF FLORIDA S
S
COUNTY OF S
On this _ day of , 2007, personally appeared before me Jim Cherof, City
Attorney of The City of Boynton Beach, a municipal corporation of the State of Florida to me personally
known to be the person who signed the foregoing, and who, being by me duly sworn and being informed
of the contents of said instrument, stated and acknowledged under oath that he has executed the same as
his voluntary act and deed and was voluntarily executed by himself for the uses, purposes and
consideration therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public
My Commission expires:
5
Site Name: ABBB
BU#811576
WITNESS:
TENANT:
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
Witness Signature
Witness Printed Name
By:
Name: Nellie Jabbari
Title: Senior Manager - Partnerships/MLA's
Date:
Witness Signature
Witness Printed Name
THE STATE OF
S
9
9
COUNTY OF
I, , a Notary Public within and for the State of
duly commissioned and acting, do hereby certify that on this _ day of . 2007.
personally appeared before me Nellie Jabbari, to me personally known to be the person who signed the
foregoing Second Amendment to Lease Agreement and who, being by me duly sworn and being informed
of the contents of said instrument, stated and acknowledged under oath that she is the Senior Manager -
Partnerships/MLAs of New Cingular Wireless PCS, LLC a Delaware limited liability company, and, as
such, is a duly certified individual who may enter into agreements on behalf of that entity. Moreover, she
has acknowledged that the entity has executed the same as its voluntary act and deed and was voluntarily
executed by herself, on behalf of said entity, for the uses, purposes and consideration therein mentioned
and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Notary Public
My Commission expires:
6
EXHIBIT "A"
Additional Property
[Legal Description - sixteen foot by twenty foot to be attached]
7
Site Name: ABBB
BU#811576
~
E
~
-cs
\$
cS
b
t ri
~6 ><
-d-,
3 -5
~
>
~
~
u
- .
'1 .
. .
e,~'. '
71 "
~ ' .
..~ .
\'.'
, ,
~
-
ij
eJ
-\[)
-+
1)
2
"I
!!
~
-s- ;
'-J . ! I
c..~- ~,. -
o '~ '
. - .-""), a
~ /.
~ E ri
(10
\
\ -
-,,/
, ,
I '. 'I
I r ~ '
~~
-1/
,... E ~ ,
'::',.., ~H'f< .~
\:>'\, \.
!.
~
\':':1 -
..\-." :..' >o(}g I
\?I~:~
'I,',
,-',.' .
\'~ ",-:' I
~I ' '
:!~ \ :
/
': ~
~ ~
I
,
f
,
I
I
!
" !;
~ 'I ',..' 1
'l~,
... ..-. ~-" Or;
~ '~'_.._, "
~ \
, l )
~I ,\...~
!t ,,':' ^
~: .,
.o:-.,,~ : .>,~
(,. / ".
f >T !~
1 r~'I~~;f
11 \ I! fl
I 'I i ,
'Ie ~I
~"r = I ""
'i'~ ''",
ill 'I~
fJ i
.1.1
.__ II j
"-..:..J
1L2:' ..." .,' .:.., .r ,~, 1
#7'-.1
. .0-.1\
I
~-
1.~
j i~
::r
~
.
,
"
E~.y...~",
- ... -_.-
.. - - .__._..~_.-
-- . ------
--"- . ---------.--
-_.~ "------
. t5Ci z
oIf2;.-~;~u
.-"0 N '0'"
VI.-CONSENT AGENDA
ITEM C.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
~ August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18,2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2,2007 September 17, 2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
C?
n-....
~-<
-<0
C)"'"
;-00
1010
~:o -<
A:Z
:r=- u)-l
:: o~
~CD
RECOMMENDATION: ~ c=;~
Approve and authorize the City Manager to sign Task Order No. U07-4-3 with Camp Dresser & 1'RcK~!ec.
(CDM) for the initial design of an on-site sodium hypochlorite generation system, to be located at the East
Water Treatment Plant, in the amount of $52,609.
Announcements/Presentations
City Manager's Report
c:>
-J
:x:-
c::
G"")
I
Consent Agenda
o
o
o
o
o
New Business
NATURE OF
AGENDA ITEM
o
o
~
o
o
Administrative
Legal
Code Compliance & Legal Settlements
Unfinished Business
Public Hearing
EXPLANATION:
The East Water Treatment Plant currently uses gas chlorine to disinfect the potable water produced at that
facility. This design effort will produce the necessary plans to obtain a permit for replacing the current gas
chlorine system with a system that generates sodium hypochlorite (i.e. a liquid chlorine solution) on the
treatment plant site. Obtaining the permit from the Health Department is a prerequisite to producing a final
design and bidding this work for construction. During this initial design phase, CDM will confer with the
Health Department staff to determine the required number and size of on-site generation units. CDM will
then review the electrical needs of those units, and evaluate their anticipated electrical demand in light of the
plant's current electrical supply.
Once the scope of the OSG and electrical improvements are clarified, City staff will request approval of an
amendment to this task order for the purpose of authorizing development of full construction documents, and
associated services during construction.
PROGRAM IMPACT:
Replacement of the gaseous chlorine system will eliminate a potential hazard at the East Water Treatment
Plant.
FISCAL IMPACT: (Include Account Number where funds will come from)
Funding for this task is available in the Utilities Capital Improvement Program budget:
ACCOUNT NO. PROJECT NO. AMOUNT
403-5000-590-96-10 WTR 112 $52,609
ALTERNATIVES:
Leave the current chlorine system in place.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
,<}.C" "l Ccc c~c ~
'J~~
Department Head's Signature
~&4~~
ity M,nag"C, signature
. Manager __ __~
UTILITIES
Department Name
;(5
Xc: Peter Mazzella (w/copy of attachments) ~
Barbara Conboy "
City Attorney
File
S:BULLETIN\FORMSAGENDA ITEM REQUEST FORM DOC
, !
j
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING THE CITY
5 MANAGER TO EXECUTE TASK ORDER NO. U07-4-3
6 IN AN AMOUNT NOT TO EXCEED $52,609.00 WITH
7 CAMP, DRESSER & McKEE, INC., FOR THE INITIAL
8 DESIGN OF AN ON-SITE SODIUM HYPOCHLORITE
9 GENERATION SYSTEM; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12
13 WHEREAS, the East Water Treatment Plant currently uses gas chlorine to disinfect
14 the potable water produced at the facility; and
15 WHEREAS, this design effort will produce the necessary plans to obtain a permit
16 for replacing the current gas chlorine system with a system that generates sodium
17 hypochlorite on the treatment plant site; and
18 WHEREAS, during this initial design phase, CDM will confer with the Health
19 Department staff to determine the required number and size of on-site generation units; and
20 WHEREAS, the City Commission of the City of Boynton Beach upon
21 recommendation of staff, deems it to be in the best interest of the citizens of the City of
22 Boynton Beach to authorize execution of Task Order U07-4-3 in the amount of $52,609.00
23 with Camp Dressker & McKee, Inc.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29
Section 2,
The City Commission of the City of Boynton Beach, Florida does
S:\CA\RESOlAgreements\Task - Change Orders\Camp Dresser U07-04-3.doc
7
8
9
10
11
12
13
14
15
16
~~ II
19
20
21
22
23
24
25
26
27
28
29
30
31
hereby authorize and direct the approval and execution by the City Manager of Task Order
2 U07-4-3 in the amount of $52,609.00 with Camp Dresser & McKee, Inc.. for the initial
3 design of an on-site sodium hypochlorite generation system to be located at the East Water
4 Treatment Plant, a copy of which is attached hereto as Exhibit "A".
5
Section 3.
This Resolution shall become effective immediately upon passage.
6
PASSED AND ADOPTED this ~~_ day of August 2007,
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S\CA\RESOlAgreements\Task - Change Orders\Camp Dresser U07 -04-3.doc
CITY OF BOYNTON BEACH
ENGINEERING SERVICES TASK ORDER NO, U07- "f'.J
I. PROTECT TITLE
City of Boynton Beach
East Water Treatment Plant Disinfection System Upgrade - Preliminary Design and Permitting
II. BACKGROUND
Governmental agencies, such as the Environmental Protection Agency (EP A) and the
Department of Homeland Security, have been strongly encouraging utilities to stop the use of
gaseous chlorine facilities. With the potential health impacts due to accidental exposure and the
increased liability associated with gaseous chlorine, many utilities have considered alternative,
safer disinfection practices. The City of Boynton Beach (City) wishes to convert their existing
gaseous chlorine disinfection system at the East Water Treatment Plant (EWTP) to an on-site
sodium hypochlorite generation system. Camp Dresser & McKee Inc. (hereinafter referenced as
ENGINEER) shall perform the following Scope of Services to complete the Preliminary Design
and Permitting of the EWTP Disinfection System Upgrade Project.
III. CONTRACT REFERENCE
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services RFQ No. 065-2821-03/CJD, Scope A:
Water Plant Expansion and Capacity Replacement.
IV. SCOPE OF SERVICES
The following is a description of the Scope of Services to be provided under this Task Order.
Task 1 - Preliminary Design to Permitting Level
The EWTP Disinfection System Upgrade Project will require the following improvements:
. Conversion of chlorination system from chlorine gas to on-site sodium hypochlorite
generation. The on-site sodium hypochlorite generation system equipment may potentially
be procured through a "piggy-back" agreement with another local utility;
. Design of a new hypochlorite storage tank area and brine storage tank structure. This design
will include a secondary containment structure with a salt loading station and water
softening equipment;
CDNI
1
N:IOOOOIWLB3169,evdoc
. Design of modifications to the existing chlorine gas building and chlorine gas scrubber area,
including installation of new metering equipment and removal of existing chlorine gas
equipment; and
. Evaluation of the capacity of the existing electrical feed system to EWTP and the increased
load as a result of the proposed on-site generation equipment and metering equipment
ENGINEER will conduct a kickoff meeting with City staff to discuss design preferences and
permitting requirements, ENGINEER will prepare and distribute minutes for the meeting.
ENGINEER will prepare preliminary design drawings, of which a preliminary list has been
provided in Attachment A These drawings will be developed to a preliminary design level,
suitable for submittal with DEP Form 62-555.900 entitled" Application for a Specific Permit to
Construct PWS Components." Additional design beyond the necessary permitting design level
is not included in this Scope of Services, ENGINEER will provide five (5) sets of the draft
preliminary design drawings to the City for review.
ENGINEER will conduct a meeting with City staff to review the preliminary drawing set
ENGINEER will incorporate the comments provided by City staff into a final preliminary
design/permitting set of documents,
ENGINEER will develop an opinion of probable construction cost based upon the final
preliminary design/ permitting set of documents, ENGINEER will subrnit a letter summarizing
the probable construction cost to the City.
ENGINEER will also prepare a Basis of Design letter report to describe the proposed
modifications at EWTP. This letter report will be submitted with DEP Form 62-555.900 and will
detail all disinfection design criteria required by Chapter 62-555.320(12) of the Florida
Administrative Code (F.AC).
ENGINEER will provide five (5) copies of the draft report to the City for review. ENGINEER
will incorporate any comments provided by the City into a final letter report Five (5) copies of
the final letter report will be provided to the City,
Task 2 - 62-555 F.A.C. Permitting
This task includes the activities required to permit the construction of the disinfection system in
accordance with Chapter 62-555 F.AC This permit application is required by the Florida
Department of Environmental Protection who has delegated the authority to the Palm Beach
County Health Department (PBCHD).
Subtask 2.1 Pre-Application Meeting
ENGINEER will coordinate and attend a pre-application meeting with PBCHD. The City wishes
to determine if the on-site generation equiprnent may be phased. ENGINEER will review the
requirements of Chapter 62-555 F.A.C prior to the pre-application meeting and will discuss the
phasing options with PBCHD and the City at the meeting.
COM
2
tnOOOo\WLB3169 rev doc
Subtask 2.2 Preparation of Permit Application
ENGINEER will prepare signed and sealed permit applications meeting the requirements of
Chapter 62-555 F.A.C. for submittal to PBCHD. The letter report developed in Task 1 will be
used for the permit application. Permit application fees are not included in this Scope of
Services. The City will provide all necessary permit application fees.
Subtask 2.3 Response to Request for Additional Information
It is anticipated that PBCHD will provide one (1) request for additional information to the
permit application. ENGINEER will provide the necessary responses to satisfy all questions
asked in one (1) request for additional information.
ITEMS NOT INCLUDED IN THIS SCOPE OF SERVICES
The following Tasks are not included in this Scope of Services; however, the tasks will be
required for eventual construction of the proposed disinfection system modifications at EWTP,
Task 3 - Final Design
This task includes the preparation of drawings and specifications, conducting formal reviews of
the contract documents at certain completion levels, and developing an opinion of probable
construction cost for the design. Specific work products will include three draft contract
document sets during three different levels of completion.
Subtask 3.1 Preparation of Contract Documents
ENGINEER will prepare final construction drawings and specifications suitable for inviting
construction bids for the project. The technical specifications will utilize CSI's sixteen-division,
three-part format. The design shall be complete (as applicable to the Project) site improvements,
building, appurtenances, process and ancillary equipment, accessories, wiring, piping,
foundations, substructures, electrical controls, instrumentation, telemetry, metering, process
equipment and mechanical facilities. The design shall also include detailed drawings,
specifications, tables, charts, schedules, and other documentation as may be necessary for the
Project. The preliminary list of drawings is provided in Attachment A. The list of drawings may
change as the design occurs and the final list will include necessary drawings required to
construct all included improvements to the complete water treatment plant facilities.
Subtask 3.2 Periodic Review of Work Performed
At approximately the 60% and 90% completion levels of the contract documents, the
ENGINEER will submit five sets (5) of progress drafts of the contract documents to the City
staff for review, schedule and conduct a review meeting with City staff, and address
appropriate City review comments,
CDM
3
NIOOOOIWLB3169 rev. doc
Subtask 3.3 Final Contract Document Submittal
ENGINEER will submit five (5) sets of the final contract documents to the City staff one week
prior to the initial bid advertisement for the Project ENGINEER shall charge contractors,
suppliers, subcontractors, vendors or other buyers a non-refundable fee for each set of Contract
Documents issued for bidding purposes.
ENGINEER shall provide the City an electronic copy of the AutoCAD disk used by ENGINEER
to develop the final contract The hard copy of the Contract Documents containing the
ENGINEER's professional engineering stamp shall take precedence over the AutoCAD disk.
Subtask 3.4 Probable Construction Cost
ENGINEER will prepare an opinion of the probable construction cost at the 60% and 90%
completion levels for the project The final estimate of probable construction cost shall be
delivered to the City staff prior to the bid opening,
Task 4 - Permitting Services (Excluding 62-555 F.A.C. Permitting)
ENGINEER will prepare application for permits as may be required and related to the Project.
Permit-related work shall include furnishing required data, drawings and other information
requested to obtain required permits. ENGINEER will submit permit applications to City staff
for review and will meet with the City as required to discuss the City's review comments,
ENGINEER will revise the applications as required and submit to appropriate regulatory
agencies for review and approval. The permits to be obtained by ENGINEER include the
following:
. The construction contractor will be required to obtain a building permit for the Project. The
City's building permit process will require project approval during the design phase. A set
of drawings and specifications will be submitted to the City for review at the 90%
completion level. Three (3) signed and sealed sets of drawings will be submitted to the
Building Deparhnent at the start of the bidding process to begin the permitting process.
. The Palm Beach County Department of Environmental Resources Management (DERM)
will require permits for the storage of water treahnent plant chemicals (i.e., commercial
grade sodium hypochlorite),
. EPA may require an NPDES Stormwater Construction Notice of Intent application and
preparation of a Stormwater Pollution Prevention Plan if any offsite discharges are
anticipated, These plans are required to be submitted by the construction contractor.
ENGINEER will provide drawings and specifications requested by the construction
contractor for the submittal, if applicable.
Task 5 - Services During Bidding
This task includes the provision of conventional bidding services for the EWTP Disinfection
System Upgrade project. Bidding services will include assistance with advertisement of the
COM
4
N\OOOO\WLB3169 rev doc
project, coordinating the sale and distribution of non-refundable bidding documents, holding a
pre-bid meeting, attending the bid opening, and reviewing and tabulating the bids. ENGINEER
will respond to questions of prospective bidders and will distribute addenda to the Contract
Documents as necessary. Following receipt of bids, ENGINEER will evaluate the bidders with
respect to cost, experience, ability to construct the work, and small business participation and
will prepare recommendations for award of the contract. Bidding services in general will
include the following:
. Prepare formal advertisement for placement in the legal section of the newspaper by the
City.
. Reproduce and distribute the non-refundable bidding documents to area plan rooms,
interested contractors, subcontractors, and suppliers.
. Coordinate and preside over a Pre-Bid Conference and project site tour.
. Issue addenda as required to clarify the bidding documents,
. Attend the bid opening.
. Evaluate the bids received, tabulate the bids, issue requests for additional information and
submittals from the apparent low bidders, and prepare recommendation of tentative award,
. Prepare three (3) sets of Contract Documents for execution by the contractor and the City.
Task 6 - Services During Construction
ENGINEER will serve as the City's engineering representative during the implementation of
the Disinfection System Upgrade project. ENGINEER will perform periodic inspections to
confirm that the work is being performed according to the Contract Documents, and will make
recommendations regarding periodic payments to the contractor. ENGINEER will review shop
drawing submittals for compliance with the requirements of the Contract Documents, In
addition, ENGINEER will conduct monthly progress meetings with the contractor and provide
written minutes. Record drawings will be updated to conform the design drawings to reflect
actual installed dimensions.
The general services during construction include the following tasks:
Subtask 6-A Contract Administration
Consult with and advise the City and act as its representative as provided in the General
Conditions of the Construction contract.
Subtask 6-B Substitute Materials
Consults with and advise the City as to the acceptability of substitute materials and equipment
proposed by the contractor for those portions of the work for which acceptability is required by
the bidding documents,
CONI
5
NIOOOOIWLB3169 rev.doc
Subtask 6-C Engineers Site Visits
Make visits to the site at intervals appropriate to the various stages of construction to observe as
an experienced and qualified design professional the progress and quality of the executed work
of the contractor and to determine in general if such work is proceeding in accordance with the
Contract Documents. ENGINEER's efforts will be directed toward providing a greater degree of
confidence for the City that the completed work of contractor will conform to the Contract
Documents. During such visits and on the basis of onsite observations, ENGINEER shall keep
the City informed of the progress of the work, shall endeavor to guard the City against defects
and deficiencies in such work and may disapprove or reject work as failing to conform to the
Contract Documents.
Subtask 6-D Shop Drawings Review
Review and approve Shop Drawings and samples, the results of tests and inspections and other
data which the contractor is required to submit.
Subtask 6-E Interpretation/Clarifications
Issue instructions of the City to the contractor; issue necessary interpretations and clarifications
of the Contract Documents, and in connection therewith prepare change orders as required;
have authority, as the City's representative, to require special inspection or testing of the work;
and act as initial interpreter of the requirements of the Contract Documents pertaining to the
execution and progress of the work.
Subtask 6-F Pay Estimate Review
Based on onsite observations as an experienced and qualified design professional and on review
of contractor's applications for payment and accompanying data and schedules, determine the
amounts owing to the contractor and recommend, in writing, payments to contractor in such
amounts.
Subtask 6-G Substantial/Final Completion Inspection
Conduct an inspection to determine if the project is substantially complete, and a final
inspection to determine if the work has been cornpleted in accordance with the Contract
Documents.
Subtask 6-H Monthly Progress Meetings
Conduct monthly progress meetings with the contractor when the work is underway. This task
will include the preparation of agendas, attendance at rneetings and the preparation and
distribution of minutes.
COM
6
N\OOOO\WL83169 rev doc
Subtask 6-1 Update Record Drawings
Update the plant's record drawings to reflect changes made to the entire disinfection system at
completion of the project.
Subtask 6-/ Review Change Orders
Provide services in connection with preparing change orders to reflect changes to the
construction project, limited to minor changes requested by the City or contractor. Analysis of
major design modifications, including the preparation of significant Drawing revisions, are not
included, and may require additional authorization.
Subtask 6-K Final Certification
Provide services in connection with preparing final certifications of completion of construction
to appropriate regulatory agencies, as required, at the time of final completion of construction,
This phase of the project runs concurrently with the construction contract period only. In the
event the contractor does not complete the work within the designated contract period,
additional compensation for time-dependent services will be required.
V. ASSUMPTIONS
The City shall provide the following contributions to the work order unless otherwise available
through public resources:
. Copies of all record drawings for the existing site plan and chlorine gas facilities, electronic
format preferred.
. Monthly operating reports for EWTP including chlorine dosing and plant flows;
. Review of ENGINEER work products; and
. The permit application fee for submittal to PBCHD. The fee is not included in this work
assignment.
VI. COMPENSATION FOR SERVICES
The compensation for the work set forth in this Work Order for Tasks 1 and 2 shall be a lump
sum amount of $52,600 as detailed in Attachment B. This fee does not include the permit
application processing fee required by PBCHD. CDM shall submit monthly invoices to the City.
Payments for the lump sum fee(s) shall be based on percent complete of the project, as
supported by written monthly status reports.
VII. DELIVERABLES
. CDM will prepare draft preliminary design drawings and corresponding letter report for
review and comment by the City. CDM will provide five (5) copies of each for review by the
City.
CONI
7
N:\OOOOIWLB3169 rev.doc
. Following receipt of the City's review comments, CDM will provide a letter summarizing
the opinion of probable construction cost based upon the preliminary design.
. CDM will provide four (4) copies of the final permit application to PBCHD and five (5)
copies to the City.
. CDM will prepare and submit a response to one (1) request for additional information from
PBCHD in support of the Chapter 62-555 F.A.C permit application,
VIII. PROTECT SCHEDULE AND COMPLETION DATES
The duration and completion times of all tasks are summarized as follows:
Task
Time to Complete from Notice to Proceed (Working Days)
Task 1 - Preliminary Design
90
Task 2 - 62-555 F.A.C Permitting (initial submittal)
90
The project as described above will be completed within 90 working days from the time a notice
to proceed is received, pending the review time by PBCHD for the permit application submittal.
The actual time to obtain the PBCHD permit can vary depending upon the reviewers'
comments,
APPROVED BY:
CITY OF BOYNTON BEACH
By:
Kurt Bressner
City Manager
Dated this _ day of
2007
CONI
8
i\j \OOOO\WLB3169 rev doc
SUBMITTED BY:
CAMP DRESSER & MCKEE INC.
By:
David L. Collins, P.E., BCEE
Associate
Dated this _ day of
2007
CDNI
9
N:\OOOO\WLB3169 rev.doc
Sheet No.
GENERAL
G-1
G-2
G-3
Civil
C-1
C-2
C-3
C-4
CD-1
CD-2
Structu ral
S-l
S-2
S-3
S-4
Mechanical
M-1
1\1-2
M-3
M-4
MD-1
MD-2
HYAC
B-1
B-2
H-3
Electrical
[-1
E-2
E-3
E-4
E-5
Instrumentation
1-1
]-2
1-3
1-4
Attachment A
City of Boynton Beach
EWTP Disinfection System Upgrade Project
Preliminary Design and Permitting
Preliminary List of Drawings *
Description
Cover
Index
Symbols and Abbreviations
Existing Site Plan
Proposed Site Plan and Demolition Plan
Yard Piping
Paving, Grading and Drainage Improvements
Miscellaneous Details
Miscellaneous Details
Structural Notes and Abbreviations
Bulk Hypochlorite and Brine Storage - Plan
Bulk Hypochlorite and Brine Storage - Sections and Details
Structural Details
Sodium Hypochlorite Building - Plan
Sodium Hypochlorite Building - Section and Details
Bulk Hypochlorite and Brine Storage - Plan
Bulk Hypochlorite and Brine Storage - Sections
Mechanical Details
Mechanical Details
HV AC Symbols and Abbreviations
Existing Chlorine Building HY AC Modifications - Plan
Existing Chlorine Building HY AC Modifications - Sections
Electrical Symbols and Abbreviations
One Line Diagrams
Building Power and Control Plans
Building Lighting Plan
Bulk Storage Power, Lighting and Control Plans
Instrumentation Legend Sheet
Modifications to Control Diagram
P&ID
Loop Diagrams
*Note: Final Sheet Count will be updated following Preliminary Design
Included in
Preliminary
Design Proposal:
Yes
Yes
Yes
Yes
Yes
]\0
No
No
No
No
No
!\Jo
Nt)
Yes
Yes
Yes
Yes
No
No
No
No
No
Yes
Yes
No
No
No
No
No
Yes
!\Jo
~; '{lOO8\I/.LS3169 A.\", 4 'tl,' -1<,
Cl
c
E
.E
...
Gl
Il.
"t:l
C
"'
C
UJ Cl
I- .Iii
Z Gl
we
~ ~
~ :ll
a~
m~e
1-a::1l.
z::l .
woti
!J:Q)
__ oe
ua::1l.
<CO
I=m.g
<c :5 I!
u. Cl
0::%
ir E
<c .!!:l
:= I/)
:=:J
::l c
UJ .2
ti
.!
c
"iii
is
Il.
~
W
ro
c
o
'c;;
rn~
~
o
a::
ro
c
o
'c;;
rn
~~
o
a::
o ~
"2 c
Q) '5>
(/)Jj
1:5 0
.~~
ctc5
~~
.c co
.c 'u
'-' (])
(]) a.
I-(/)
Q;
'-'
lE
o
.><
rn
co
I-
ro
o
I-
r- N
LO LO
~6~~~
$;;;ZZZ
rn
()
o
o
00
00
LO 0
N~ I I I
"'" "'"
o
.0 rn
~~
roO
00
I-
r- N
LO LO
<DO>
~ci
"'l:t ~ I I I
"'" "'"
:-,
.0.><
rn rn
... co
51-
:J:
O>N
LO C'?
'<t~
co
'-'
.~
u
~ 0 ex)
'<t'<tC'?
"'"
o li ~
"2 a..52
Q) a. 2:
(/)05Jj
C'?'<t0
ON
;;;~
0'<t0
r- C'? N
"'" ~
N<D'<t
ex)r-'<t
"'"
O>LO<D
NLO
"'"
'<tr-N
'<t~~
~
"'"
o ex) 0>
LO
~
"'"
ex) LO C'?
r-
~
"'"
Z
Q; 0
iii 1=
-J ()
~ ~
'E ~
~.~ 8
.8~ ffJ<.9
.~ Q; ~ Z
rnCLz>OC
~0Qffi5
>,~(/)(/)(/)
~. . w <.9 w
.5: ~ 0 Z ~
~~:g<i!o~
a::~N~9w
:-,CL<DLLCD(/)
:;r'"NC"?VLC)
o
:J:
0>
o
<D
N
LO
"'"
I/)
~
CD
:t::
<c
en
'"
.,--
C'?
CD
~
o
o
LO
ri
"'"
en
o
'"
N
Il)
....
0>
o
<D
N
LO
"'"
~
0>
LO
ex)
r-
'<t
N
~
'<t
LO
~
o
N
~
<0
.,--
I
CD
0>
N
r-
~
ex)
ro
o
J5
::l
(/)
...J
;5
o
I-
VI.-CONSENT AGENDA
ITEM C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
~ August 2 1,2007 August 6, 2007 (Noon.) 0 October 16,2007
0 September 4,2007 August 20,2007 (Noon) 0 November 7, 2007
0 September 18.2007 September 3, 2007 (Noon) 0 November 20, 2007
0 October 2, 2007 September 17,2007 (Noon) 0 December 4,2007
Date Final F onn Must be T umed i!l
to City Clerk's Office
October 1,2007 (Noon
October 15,2007 (Noon)
0 Announcemen tslPresen ta tions 0
NATURE OF 0 Administrative 0
AGENDA ITEM ~ Consent Agenda 0
0 Code Compliance & Legal Settlements 0
0 Public Hearing 0
City Manager's Report
New Business
<::::>
November 5, 2007 (Noon) '...I
~
November 19, 2007 (Noo~
CJ'}
~
C,.J
..
C,.J
0'\
C")
~~
--I -<
-< C,
,") '"'r;
,C;; fg
::::-<
-~-<=
v) --i
as;?
""1")--
."co
-f"r!
("");t:.
f"r!("")
:z:
Legal
Unfinished Business
RECOMMENDATION: Authorization to enter into an agreement with Palm Beach County in furtherance of an approved
invasive non-native plant species removal project for Quantum Park site.
EXPLANATION: The Palm Beach County Board of Commissioners has established and funded a grant program to
financially assist municipalities and other public agencies with the removal of invasive non-native vegetation from publicly
owned lands. The nine prohibited invasive non-native plant species include Air Potato, Austrailian Pine, Brazilian pepper,
Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca and Queensland Umbrella Tree. The Recreation
and Parks Department has been awarded a $5,000 grant to remove invasive non-native plant species at the Quantum Park
site. The City must enter into a project agreement to receive the grant award, The City will have until August 31, 2008 to
complete the project This will be contracted out This the second grant for the Quantum site and the fourth grant for the
City of this nature,
PROGRAM IMPACT: Certain species of prohibited invasive non-native vegetation are spreading rapidly into natural
areas in the City, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative monocultures.
The Quantum Park site has been selected as the first project site for removal of the invasive non-native vegetation in the
City.
FISCAL IMPACT: The grant award requires the City to provide a 50% cash match; $5,000 has been allocated in the
FY2007/08 General Fund (Other Contractual Services 00 I -2731-572-49-17) for this purpose.
AL TERNA TIVES: Not enter into the project agreement and forfeit the grant award
Department Head's Signature
Assistant to City Manager
~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM_DOC
1 RESOLUTION R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF
5 AN INTERLOCAL AGREEMENT BETWEEN THE
6 CITY OF BOYNTON BEACH AND PALM BEACH
7 COUNTY FOR THE REMOVAL OF INVASIVE NON-
8 NATIVE PLANT SPECIES IN THE QUANTUM PARK
9 SITE; AND PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, Palm Beach County Board of Commissioners has established and
12 funded a grant program to financially assist municipalities and other public agencies with
13 the removal of invasive non-native vegetation from publicly owned lands; and
14 WHEREAS, the Recreation and Parks Department has applied for and has been
15 awarded a $5,000 grant to remove invasive non-native plant species at the Quantum Park
16 Site;
171 WHEREAS, the City Commission of the City of Boynton Beach upon
I
18 recommendation of staff, deems it to be in the best interest of the citizens of the City of
19 Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County
20 in furtherance of an approved invasive non-native plant species removal project for
21 Quantum Park Site, a copy of which is attached hereto and made a part hereof.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section L
The foregoing "Whereas" clauses are hereby ratified and confim1ed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2,
Upon recommendation of staff, this Commission does hereby
28 authorize execution of this lnterlocal Agreement between the City of Boynton Beach and
S:\CA\RESO\Agreements\lnterlocals\lnterlocal - Invasive non-native plant removal (Quantum) 2007.doc
'1
Palm Beach County in furtherance of an approved invasive non-native plant species removal
2 project for Quantum Park Site, which Agreement is attached hereto and made a part here.
3
Section 3,
That this Resolution shall become effective immediately upon
4 passage.
5 PASSED AND ADOPTED this _ day of August, 2007.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\lnterlocals\lnterlocal - Invasive non-native plant removal (Quantum) 2007,doc
INTERLOCAL AGREEMENT
BETWEEN
PALM BEACH COUNTY
AND
CITY OF BOYNTON BEACH, FLORIDA
DISTRICT 3
This Interlocal Agreement (hereinafter "Agreement") is made the
day of
,200
between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter "Grantee") and
Palm Beach County, a political subdivision of the State of Florida, (hereinafter "County"), each one constituting a
public agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969"
authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other
localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into
interlocal agreements with each other to jointly exercise any power. privilege, or authority which such agencies share
in common and which each might exercise separately; and
WHEREAS, pursuant to Chapter 125.01, Florida Statutes, the Board of County Commissioners of Palm
Beach County is empowered to establish and administer programs of conservation and to enter into agreements with
other governmental agencies within or outside the boundaries of the County for joint performance. or perfornlance of
one unit on behalf of the other. of any of either governmental entity's authorized functions: and
WHEREAS, certain species of prohibited invasive non-native vegetation are spreading rapidly into natural
areas in the County, displacing native vegetation, destroying wildlife habitat and creating undesirable vegetative
monocu1tures: and
WHEREAS, certain species of prohibited invasive non-native vegetation have a variety of noxious qualities,
including, but not limited to, adverse effects on human health. hazards to public safety. and undesirable aesthetics in
the County: and
WHEREAS, the 1989 Comprehensive Plan, as amended, mandates that the County shall continue efforts to
eradicate prohibited invasive non-native vegetation; and
WHEREAS. the nine prohibited invasive non-native plant species (Air Potato, Australian Pine. Brazilian
Page I
Pepper, Carrotwood, Earleaf Acacia, Kudzu, Old-world Climbing Fern, Melaleuca, and Queensland Umbrella Tree)
are also found in both unincorporated and incorporated areas of the County; and
WHEREAS, eradication of prohibited invasive non-native vegetation will require the combined efforts of the
municipalities and the County to stop their spread; and
WHEREAS, the Board of County Commissioners has established and funded a grant program to financially
assist municipalities and other public agencies with removal of this invasive non-native vegetation from publicly
owned lands and related educational activities, and
NOW, THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set
forth, the parties hereby agree as follows:
ARTICLE 1 - PROJECT TO BE COMPLETED BY THE GRANTEE:
The Grantee agrees, during the term of this Agreement, to assist in the removal of invasive non-native vegetation
within the County as specifically set forth in Exhibit A attached hereto and made a part hereof. The Grantee shall
coordinate work on the project with the County's Department of Environmental Resources Management, hereinafter
referred to as the Sponsoring Department, and shall submit all invoices, reports and records to the Sponsoring
Department, as specifically set forth in Exhibit B and Article 8, hereof.
ARTICLE 2 - PAYMENTS TO GRANTEE/REIMBURSABLE:
The County shall pay to the Grantee as reimbursement of the Grantee's expenses, an amount not to exceed $5,000.00,
provided the Grantee completes t.lte removal project as described in Exhibit A, and meets the estimated match
requirement of $5,000.00 as noted in Exhibit A Activities eligible for match requirements include (actual)
contributions (e.g., equipment usage/direct operating expenses/in-kind services), funding from other non-County
grants and replacement planting with vegetation native to Florida. Costs related to in-kind services (e.g., planning &
design) shall be limited to salaries and fringe benefits. Only those costs incurred after the effective date of the
Agreement will qualify as matching funds. County funding can be used to match grants from other non-County
sources; however, the Grantee cannot submit reimbursement requests for the same expenses to more than one funding
source or under more than one County-funded program, The Grantee will bill the County upon completion of the
project, for expenses actually incurred and paid, up to the amounts set forth in Exhibit A for the project. The Grantee
shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance by the
Page 2
County of a properly completed Payment Request Summary Form, provided as Exhibit B. In support of the Payment
Summary form, the Grantee must also provide, from its accounting system, a listing of expenditures in detail sufficient
to evidence actual payment and that said expense was necessary in the performance of the Scope of Work described in
Exhibit A The Grantee shall supply any further documentation such as copies of paid receipts, canceled checks,
invoices or other documents deemed necessary by the County. All supporting invoices and receipts must clearly state
that goods and/or services were invoiced to Grantee and not to an individual or "Cash." In the case of reimbursement
for a portion of a salary, the canceled check submitted as invoice must be payable to the referenced individual and
memorandum as such on the check. Reimbursement requests received from the Grantee will be reviewed and
approved by the Department of Environmental Resources Management, 2300 North Jog Road, 4th Floor, West Palm
Beach, FL 33411-2743, which will indicate that the expenditures have been made in conformity with this Agreement
and send the payment request to the County's Finance Department for final approval and payment. The invoice must
be submitted along with a final report, as described in Article 8 below,
ARTICLE 3 - AVAILABILITY OF FUNDS:
The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for
its purpose by the Board of County Commissioners of Palm Beach County.
ARTICLE 4 - INSURANCE:
A Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the Grantee
acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity
statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits
that may change and be set forth by the legislature.
B. In the event the Grantee maintains third-party Commercial General Liability and Business Auto Liability in
lieu of exclusive reliance of self-insurance under Section 768.28, Florida Statutes, the Grantee shall agree to maintain
said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage.
C. The Grantee agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability
insurance in accordance with Florida Statutes, Chapter 440,
Page 3
D. When requested, the Grantee shall agree to provide an affidavit or Certificate of Insurance evidencing
insurance, self-insurance and/or sovereign immunity status, which County agrees to recognize as acceptable for the
above mentioned coverages. The Certificate Holder will be: Palm Beach County, Dept. of Environmental Resources
Management, 2300 North Jog Road, 4th Floor, West Palm Beach, FL 33411-2743,
E. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligations under
this Interlocal Agreement.
ARTICLE 5 - INDEMNIFICATION:
Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent permitted by law,
the County agrees to indemnify and hold harmless the Grantee from any claims, losses, demands or cause of action of
whatsoever kind or nature that the Grantee, its agents or employees, mayor could sustain as a result of or emanating
out of the terms and conditions contained in this Agreement that result from the County's negligence or willful
misconduct Without waiver of limitation as provided for in Section 768.28(5), Florida Statutes, and to the extent
permitted by law, the Grantee agrees to indemnify and hold harmless County from any claims, losses, demands or
cause of action of whatsoever kind or nature that the County, its agents or employees, mayor could sustain as a result
of or emanating out of the terms and conditions contained in this Agreement that result from the Grantee's negligence
or willful misconduct Nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant
to Section 768,28, Florida Statutes,
ARTICLE 6 - WARRANTY/PERSONNEL:
The Grantee warrants that all project-related services shall be performed by skilled and competent personnel to the
highest professional standards in the field. The Grantee further represents that it has, or will secure at its own expense,
all necessary personnel required to complete the project under this Agreement, and that they shall be fully qualified
and, if required, authorized, permitted and/or licensed under State and local law to complete such project. Such
personnel shall not be employees of or have any contractual relationship with the County.
ARTICLE 7 - EQUAL OPPORTUNITY PROVISION:
The County and the Grantee agree that no person shall, on the grounds of race, color, sex, age, national origin,
Page 4
disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to
any form of discrimination under any activity carried out by the performance of this Agreement.
ARTICLE 8 - GRANTEE'S PROJECT-RELATED AGREEMENTS:
The Grantee further agrees:
I. To allow the County through its Sponsoring Department to monitor Grantee to assure that the project is
completed as outlined in the Exhibit A.
2. To provide the funds for the balance of the project not funded by the County.
3. To maintain books, records, documents, and other evidence which sufficiently and properly reflects all costs
of any nature expended in the performance of this Agreement.
4. That all records shall be subject to the Public Records Law, Chapter 119, Florida Statutes.
5. That the County shall be promptly reimbursed for any funds which are misused or misspent.
6. To complete the project and submit a final 1-2 page project report to the County by the Agreement expiration
date noted in Article 11 below, The final report shall include a Payment Request Summary Form along with
documentation, as described in Article 2 above, and a copy of a brief press release highlighting the successes
of the project and acknowledging the contribution of the grant towards the project success. Failure to submit
completed reports within the specified timeframe will result in a delay in payment and/or termination of this
Agreement.
ARTICLE 9 - ACCESS AND AUDITS:
Grantee shall maintain adequate records to justify all charges, expenses and costs incurred in accordance with
generally accepted accounting principals, The County shall have access to all books, records, and documents as
required in this section for the purpose of inspection or audit during normal business hours during the term of this
Agreement and for at least three (3) years after completion of the project.
ARTICLE 10 - PUBLIC ENTITY CRIME CERTIFICATION:
As provided in F.S, 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, the
Grantee certifies that its suppliers, subcontractors and consultants who will perform hereunder, have not been placed
Page 5
on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36
months immediately preceding the date hereof. This notice is required by F.S, 287,133 (3) (a).
ARTICLE 11- EFFECTIVE TERM/TERMINATION:
The term of this Agreement shall be effective on the date of execution of the Agreement by both parties and shall
continue in full force until August 31, 2008, unless otherwise terminated as provided herein. This Agreement may be
terminated by either party upon thirty (30) days written notice by the terminating party to the other party, provided that
the County will not arbitrarily or unreasonably deny funding to Grantee under the terms and conditions set forth
herein.
ARTICLE 12 - NOTICES:
The County's representative/grant manager during the term of this Agreement is identified as:
Department of Environmental Resources Management
Attn: Director
2300 North Jog Road, 4th Floor
West Palm Beach, FL 33411-2743
(561)233-2400 Fax: (561) 233-2414
The Grantee's representative/grant manager during the term of the Agreement is identified as:
Jody Rivers, Parks Superintendent
City of Boynton Beach
100 E Boynton Beach Blvd.
Boynton Beach, FL 33425
(561) 742-6226
All notices required to be given under this Agreement shall be deemed sufficient to each party when delivered by
United States mail to the County and Grantee representative/grant manager identified above, respectively, and with a
copy to the Palm Beach County Attorney's Office, 301 North Olive Avenue, Sixth Floor, West Palm Beach, FL
33401.
Page 6
ARTICLE 13- ENFORCEMENT COSTS
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or
conditions of this Agreement shall be borne by the respective parties provided, however, that this clause pertains only
to the parties to this Agreement.
ARTICLE 14- COMPLIANCE WITH LAW
The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services under
this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal.
state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all
subcontracts issued as a result of this Agreement.
ARTICLE 15- REMEDIES
This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party
is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other
or further exercise thereof.
ARTICLE 16- SEVERABILITY
In the event that any section, paragraph, sentence, clause or provision hereof be held by a court of competent
jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in
full force and effect.
ARTICLE 17 - ENTIRETY OF AGREEMENT
The Grantee agrees that the Scope of Work has been developed from the Grantee's funding application and that the
County expects performance by the Grantee in accordance with such application. In the event of a conflict between
the application and this Agreement, this Agreement shall control. The County and the Grantee both further agree that
Page 7
this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings
other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be
added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto,
ARTICLE 18 - COUNTY'S AUTHORITY TO EXECUTE AGREEMENT
The Board of County Commissioners of Palm Beach County, Florida delegated the authority to execute this
Agreement to the County Administrator, the Director and Deputy Director of the Department of Environmental
Resources Management on February 25, 2003.
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and
executed this Agreement on behalf of the County and Grantee has hereunto set his/her hand the day and year above
written.
CITY OF BOYNTON BEACH, FLORIDA, BY ITS
COMMISSION
PALM BEACH COUNTY, FLORIDA
FOR ITS BOARD OF COUNTY
COMMISSIONERS
By:
Jerry Taylor, Mayor
Date
By:
Richard E. Wale sky, Director Date
Environmental Resources Management
ATTEST:
Date
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
Janet Prainito, City Clerk
By:
Assistant County Attorney
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
James Cherof, City Attorney
Page 8
EXHIBIT B
PAYMENT REQUEST FORM
FOR INTERLOCAL AGREEMENT
GRANTEE:
GRANTEE'S GRANT MANAGER:
COUNTY AGREEMENT NO.: R
--
DATE OF REQUEST:
PERFORMANCE PERIOD:
AMOUNT
REQUESTED:$
MATCHING
REQUIRED: $
GRANT EXPENDITURES SUMMARY SECTION
At'VlOUNT OF THIS MATCHING FUNDS
CATEGORY OF EXPENDITURE REQUEST
Salaries $ $
Fringe Benefits $ $
Subcontracting:
Planning $ $
Design $ $
Removal related Costs $ $
Supplies/Other Expenses $ $
Public Information / Outreach $ $
TOT AL REQUESTED $ $
TOTAL GRANT AGREEMENT $
- - - '"
[Effective Date of Grant through End-of-Grant Period]
I TOTAL REMAINING IN GRANT
I J>
GRANTEE CERTIFICATION
The undersigned certifies that the amount being requested for reimbursement above were for items that were charged to
and utilized only for the above cited grant activities.
Grantee's Grant Manager's Signature Grantee's Fiscal Agent
Print Name Print Name
Telephone Number Telephone Number
Exhibit B, Page 1 of 1
Exhibit A
Project Title: Quantum Park - Removal of Exotics
Contact Person: Jody Rivers Contact Title: Parks Superintendent
Contact Agency: City of Boynton Beach
Contact Mailing Address: 1 00 ~. Boynton Beach Blvd. ______ _______ __ _n____________ _ ______
City: Boynton Beach Zip: 33425
Contact Phone: 742-6226 Contact E-mail: riversj@cLboynton-beach.f1.us
PROJECT INFORMATION
Amount of Grant Request: $5,000.00
Total Project Cost: $10,000.00
Matching Funds Available? If yes, describe the specific sources and amounts:
$5,000.00 in matching funds will be available in the City's Operating Budget
Gstimated Project Start Date: November 2007 Estimated Project Completion Date: April 2008
Minimum Criteria Description
Describe, in detail, in the space provided, how this project meets each of the six (6) minimum criteria. Ifmore space is required, please attach a separate page and
note question number_
1. Project must be submitted by a qualified applicant and must be designed to remove one or more of the County's nine prohibited
plant species (Air potato, Australian pine, Brazilian pepper, carrotwood, earIeafacacia, kudzu, old-world climbing fern,
melaleuca, umbrella tree).
Brazilian pepper, earleaf acacia, Australian pine and melaleuca will be removed from the site,
2. Project must be located on public lands managed or maintained for greenspace, or preservation/conservation.
The site is owned by the City of Boynton Beach as green/open space and is reserved for future
park development
3. Project cannot be a required mitigation project with an invasive plant removal requirement
This is not a required mitigation project.
Public Lands Grant Program Application - Project Title: Quantum~ark ~ Removal of Exotics
Page 3
Detailed Project Description
This description is to answer informationfor scoring the applications by the judging committee andfor compliance with the minimum grant criteria. Must include
project location description, targeted invasive non-native plant species, acreage of infestation. scope of work, will the work be preformed in-house or contracted out (It"
contracted out, describe contract pricing), method of removal (mechanical, herbicides, hand pulling...), project milestones, and replanting species.
Project Location Description
Quantum Park is adjacent to the Quantum Preserve. The property is acessiable via Quantum Blvd,
and Minor Rd. The E4 Canal borders the west side of the property. Thie park is natural and
undeveloped at this time. Future plans include nature trails, kayak/canoe launch, nature center and
environmental and interpretive opportunities.
Native plant commmunities and wildlife habitat will benefit from the removal of exotic non-native
vegatation.. The Parks Division currently maintains the site and will implement an on-going
maintenance program for the- park that targets non-native negetation.
Targeted invasive species include Brazilian pepper, earleaf acacia, Australian pine and melaleuca,
Acreage of the Infestation:
The park site is 15 acres. The targeted area area is about 1.3 acres and borders the area in which
non-native species were removed in the 2006 grant program, This will complete the removal of
exotic vegetation from the site.
Scope of Work:
The work will be contracted out. The City will refer to the contractors on our bid list who are
approved to perform this type of work. They have been approved on an hourly basis. Invasive non-
native species will be removed by hand pulling and mechanical means. The City's Parks Division
will implement an on-going maintenance program for the project are that targets invasive non-native
plants.
Project milestones:
Contractor will be selected by December 2007
Education notice will be included in the Recreation and Parks Department Funfare Magazine and on
the City's BBTV describing the invasive non-native vegetation being removed and the benefits to be
derived fro the cooperative project by January 2008.
Project will commence in January 2008
Project will be completed by pril 2008
We do not plan to replant at this time.
The goal of the project is to remove invasive non-native plant material from the Quantum Park site.
Follow up monitoring and maintenance will be available by the City in perpetuity. The City has the
required 50% match available in the Operating Budget and is ready to commence with the project
upon execution of the Grant Agreement with the PBC Board of Commissioners,
Public Lands Grant Program Application- Project Title: Quantum Park Exotic Removal - Phase II
Page 4
Project Narrative
Provide any additional information that describes how the proposed project will meet each of the Jud"in" Critena noted In the applzcatlOn guidelines.
Quantum Park is adjacent to the Quantum Preserve, on Quantum Blvd. south of Minor Rd. and east
of the LWDD C4 canal. The land is reserved for a future park that will likely be environmental
educational in nature. There is a cell tower on the propoerty. Otherwise it has no development. The
park has been used for illegal dumping in the past but has been fenced to erradicate this problem.
The site has three (3) gopher tortoise holes and one (1) tortoise has been sited. Phase I of the exotic
removal has been completed using this grantprogram. Phase Ii will complete the project. When
completed, the parkwill be able to support additional native vegetation which will also help increase
the native wildlife popultation. The site is directly adjacent to the Quantum Preserve. The park is
located between a dense residential area and a commercial area in a highly visible location. The
park will be maintained in perpetuity and invasive species will be removed when necessary. The
project will b contractedoutto aUcensed arboticulture firm that has completed three (3) similar
projects with the City.The City has matching funds in the General Fund. Public outreach will include
a public announcement on the City's new Boynton Beach TV station, a press release and an article in
the FunFare magazine which is published three times yearly. This is a municipal project.
Project Budget
Provide a proposed budget indicating how grantfunds will be utilized and where the matching funds will be allocated
CATEGORY OF EXPENDITURE AMOUNT MA TCHING FUNDS
Salaries $ $
Fringe Benefits $ $
Subcontracting:
Planning $ $
Design $ $
Removal related Costs $ 5,000.00 $ 5,000.00
Supplies/Other Expenses $ $
Public Information / Outreach $ $
TOTAL REQUESTED $ 5,000.00 $ 5,000.00
TOTAL GRANT AGREEMENT $ 10,000.00
Certification: I certify that to the best of my knowledge, all of the statements contained in this application are correct and complete.
Si"""w'd dy ~
Print Nam : '? >L<::'\ ~u.QGQ...\~ -r~~-r
Submit 10 copies and 1 original to the following address:
Public Lands Grant Program Coordinator
Palm Beach County
Dept. of Environmental Resources Management
2300 North Jog Road, 4tb Floor .
West Palm Beach, FL 33411
Title:
..)0'\::>-\
R,~ e;{2~
s~o"t
Date:
J~
, -----~
=pj
[~:-L
~~'."....~.'.J...'..-.,.;
.\ty.....'
t1, ~,
(j)
.2!
c.D
L[)
"':t
II
~
"'0
Q)
n:::
c
c
0 I
"-
-+-' I
eu
-+-'
Q) I
0) i
(])
>
U
-+-'
0
X
w
-
eu
u
(/)
:J
u..
C
>.
l-
eu
"'0
C
:J
0
CO
..Y.
l-
eu
0..
"'
Z '0"1
*
City of Boynton Beach Quantum Park
<(
(:)
~
0
--'
'"
::;
u '""d
<(
OJ ~
ro <J.)
z tJJ)
<J.)
0 .....:I
f-.
Z
>- m
0
ro -;->
'" 0..
0 <J.)
u
c:
0
u
~D
S;
C--:::.'
-2~
o c:
o:::w
no
'"
.:;:
C
~ .c
CO
~ C
'" no
c: c:
'" '"
0::: '" no "0 .S! ~
c: "0 i!! ro ~
'" no C ro ~ <( CJ c:
"0 "E i!! no CJ ~ '" ro '" '"
'" '" '" <( 0:: <E -g (.)
:? :? Q) CJ e ID '" -'" Q)
,<;; ~ " .~ '" E .!!l c: c: Q)
:g :g 'c ~ .l!l >, :g '" '5 g
-ffi " .s.? ro :5 '" 1ii 0 ro
'3 '" .:: 0 ii: .:;: s: no '" ~
CD "- 0::: "- :z CD "- CD :z (.)
~
n . eeeeeeeee@)@@@ ~
0.
<:..
'"
~
ro
3:
Q)
'" "0
..c (7j
~~
"8 'ffi
LL .::
~
no
'" Q.
(f.) ~ Cf)
~ [; .3 ffi
~ ~ ~ 8-
\ '":\.!-*.. \::?f/F)
'\., i ~
~
~~-.
-5~~ 'I .
+-
220 SW 3rd Street
Boynton Beach Florida 33435
T: 561-330-9785 F: 561-330-2392
Email: admin@novoarbor.com
PROPOSAL
City of Boynton Beach Parks & Recreation
Ms. Jody Rivers, Parks Superintendent
100 E. Boynton Beach Blvd
Boynton Beach, FL 33425
Mobile 561-436-3183 Phone # 561-742-6252
Fax # 561-742-6233
Wednesday, May 16, 2007
Job Name: City of BB Quantum Park 070516
Work Site: Quantum Park
Proposal By: Claude Brigante, ISA Certified Arborist
Plant
. . ___~E!_~I~E!De~c.!ip.!io~
Exotic/Invasive Removals
.9.ty
98
Rate
Cost
$100.00
S9,80000
Per Annual Contract for Landscape Maintenance Bid # 079-2730-04/CJD
Lot & Right of Way - Schedule of Prices - Section (J) Total Removal of
Trees - Crew & Equipment. $50/hr x 2 crews = $100 per hr x 98 hours.
All specifications per Palm Beach County Exotic Removal Grant apply.
All specifications per City of Boynton Beach Contract apply,
-----_._-_._._------,--,.._~_._^-_.__._-~--
Total: $9.800.00
Upon your acceptance, sign below and fax to 561.330.2392. Please call our office (561-330-9785) to confirm that we have received
your signed approval. We will then call you to schedule a starting date, All appropriate insurance certificates will be provided to you prior
to commencement of work.
Approved By
Title
Date
Note: Once the work is started, we will not leave your property until the work is completed to your satisfaction.
Thank You! We look forward to being of service to you and to providing you with the finest ,professional tree care for your property. Please
do not hesitate to call if you have any questions or comments,
City of Boynton Beach Quantum Park
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 City Clerk's Office Meeting Dates in to Citv Clerk's Office
~ August 21, 2007 August 6, 2007 (No~n) 0 October 16, 2007 October 1, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7. 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17, 2007 (Noon) 0 December 4.2007 November 19, 2007 (Noon)
0 Ann ouncements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approval of the Amendment to lnterlocal Agreement (R2003-0174) with
Palm Beach County for the operation of the radio system. The amendment will keep the agreement in
force until 4 February 2011.
EXPLANATION: The cities of Boynton Beach, Delray Beach and Boca Raton along with the County have
established via interlocal agreement, the South Palm Beach County Public Safety Communications
Cooperative for the purpose of operating an interoperable radio system and for expanding the geographic
use of available frequencies for mutual assistance and daily activities. Essentially, the agreement
facilitates a greatly expanded coverage area for each entity's radio system and allows the three cities and
the county to communicate with each other during times of mutual aid, joint operations and weather
emergencies. Additionally, by sharing the expense of maintaining certain equipment and transmission
facilities provided for in this agreement, each of the entities reduces their operating costs.
PROGRAM IMPACT: Greatly enhances the use of the radio system by providing for interoperability,
FISCAL IMPACT: The city's proportional cost is $44,250.00 per year and is paid for this year.
AL TERNA TIVES: Operate the radio system independent of the other cities and the county.
~~
City Manager's Signature
Assistant to City Manager C;VWl;
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION R07-
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING, AUTHORIZING AND DIRECTING THE
6 MAYOR AND CITY CLERK TO EXECUTE AN
7 AMENDMENT TO INTERLOCAL AGREEMENT
8 (R2003-0174) DATED FEBRUARY 4, 2003, BETWEEN
9 THE CITIES OF BOYNTON BEACH, DELRA Y AND
10 BOCA RATON AND PALM BEACH COUNTY TO
11 EXTEND THE EXPIRATION DATE OF THE
12 INTERLOCAL AGREEMENT TO EXPIRE ON
13 FEBRUARY 4, 2011; AND PROVIDING AN
14 EFFECTIVE DATE.
15
16 WHEREAS, the Second Amendment to the lnterlocal Agreement was
17 signed by the parties on February 4, 2003, the purpose of which was to set forth
18 the parameters under which the County will make specific components of its 88
19 MHz Trunked Radio System available tot he parties in order to provide for
20 interoperable radio communications between Palm Beach County and the
21 participating cities;
I
22 WHEREAS, the Second Amendment to the Interlocal Agreement was set
23 to expire 011 February 4, 2008, this Amendment will extend that expiration date
24 to February 4,2011.
25 NOW, THEREFORE, BE IT RESOL VED BY THE CITY
26 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
27 THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and
28
29 confirmed as being true and COlTect and are hereby made a specific part of this
30 Resolution upon adoption hereof.
, ,
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Section 2.
Upon recommendation of staff, this Commission does
hereby approve, authorize and direct the Mayor and City Clerk to execute an
Amendment to the Interlocal Agreement between the City of Boynton Beach and
Palm Beach County to extend the expiration date of the lnterlocal Agreement to
expire on February 4,2011, a copy of which is attached hereto as Exhibit "A".
Section 3
That this Resolution shall become effective immediately
upon passage.
PASSED AND ADOPTED this _ day of August, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet Prainito, CMC
City Clerk
(Corporate Seal)
AMENDMENT TO INTERLOcALAGREEMENT
THIS AMENDMENT to Agreement R2003-0174, dated February 4, 2003, is made as of
, by and between Palm Beach County, a political subdivision of the State of Florida,
hereinafter referred to as the County, and the cites of Boca Raton, Delray Beach and Boynton Beach, each a
separate municipal corporation existing under the laws of the State of Florida and hereinafter collectively
referred to as the Cities.
In consideration of the mutual promises contained herein, the County and the Cities agree as follows:
1. The term of Agreement R2003-0174, set to expire on February 4, 2008, shall be extended to
February 4, 2011,
2, All other terms of Agreement R2003-0174 remain unmodified and in full force and effect.
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made
and executed this Amendment on behalf of the County and the Cities have hereunto set their hands the day
and year above written.
SHARON R. BOCK,
CLERK & COMPTROLLER
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
By:
Deputy Clerk
Addie L. Greene, Chairperson
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO TERMS
AND CONDITIONS
Asst. County Attorney
By:
Director Facilities Dev & Operations
By:
Renewal Amendment to Hub Connect
04/11/07
Page] of 4
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
Renewal Amendment to Hub Connect
04/11/07
CITY OF BOCA RATON, FLORIDA, BY ITS
CITY COMMISSIONERS
By:
Steven L. Abrams, Mayor
Page 2 of 4
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
Renewal Amendment to Hub Connect
04/] 1107
CITY OF DELRA Y BEACH, FLORIDA, BY
ITS CITY COMMISSIONERS
By:
Rita Ellis, Mayor
Page 3 of 4
ATTEST:
By:
City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
Renewal Amendment to Hub Connect
04/11/07
CITY OF BOYNTON BEACH, FLORIDA, BY
ITS CITY COMMISSIONERS
By:
Jerry Taylor, Mayor
Page 4 of4
~D/~L/LU~' G~p44
"_JO.1- L..3..J-tJ,LtJO
" HI_.J 1 L. J. ! 1 C.:) Lie \.f C>I I_'r"'.:)
.". (."";""lC
R2003
0174
F EBB ~ 211I3
INTERLOCAL AGREEMENT
This Amendment #2 to an INTERLOCAL AGREEMENT, is made Jnd entered into this _ day of
_,2002, by and between PALM BEACH COlJNTY, a political subdivl5ion of the State of Florida
("COUNTY") and the cities of BOCA RATON ("BOCA RATON") and DELRA Y BEACH
("DELRA Y BEACH") and BO)"NTON BEACH ("BOYNTON BEACH"), each :l. separ:lte municipal
corporation existing under the laws of the State of Florida.
WITNESSETH
WHEREAS, the Cities of Boca Raton, Delray Beach, and Boynton Beach, have emblished via interlocal
Agreement the South Palm Beach County Public Safety Communications Cooperative for the purpose
of expanding the geographic use of <lv<lilable frequencies for mutual assistance :l.nd daily activittes and for
the establishment and operation of radio communications systems; and
WHEREAS, the COlJNTY has purchJsed, designed, installed, and committed to the operation of an 800
MHz Trunked Radio System to meet the needs of the Palm Beach County Sheriff's Office, Palm Beach
County Fire Rescue, Palm Beach County Emergency Management Service, and various Palm Beach
County general government agencies; and
WHEREAS, the COUNTY and the Cities have determined that the ability to provide interoperable
systems is critic<ll to the effective and efficient provision of public safety services; and
WHEREAS, it has been determined mutu:llly bendicial to 211 Partics to execute this Agreement which
sets forth the parameters under which the radio systems of the Cities and the COUNTY can be connected
saving the taxpayers money of both the COUNTY and tbe Cities as well as the opportunity to receive
the public safety benefit of interoperabiliry;
WHEREAS, Section 163.01, Florida Statutes, permitS public agencies to cnter into loredocal Agreements
to jointly exercise any power, privilege, or authority which such agencies share in common and which
each might exercise separately; and
WHEREAS, the parties agree that this Amendment #2 is appropriate to update the original Interlocal
Agreement, as amended from time to time, and that this amended agreement rescinds and terminaus
Agreement #2001-0199,and replaces it in its entirety:
NOW THEREFORE, in conjunction with the mutu:tl covenants, promises and represent;\tions contained
herein the panies hereto agree as follows_
SECTION 1: Purpose
The purpose of chis Agreement is to set forth the parameters under which; 1) the COUNTY will
make specific components of its 800 MHz T runked Radio System available to the COOPERATIVE in
order to provide for interoperable radio communic:l.tions between the COUNTY 2nd tht cities
participating in the COOPERATIVE and 2) identify the use aod monitoring requirementS for the
Common Talk Groups established on the County System,
South Hub Amend #2
tB~1 Upd"re: 7/)102 17:35
Page I of 19
05/12/20C7 29:44
551-233-132%
~ACILI;IES DEV & OPS
PAGE 03
SECTION 2: Definitions
2.81 Boynton Beach Site The City of Boynton Beach's primary r.ldio communic:ltions
site located in Tract B, Rolling Green Ridge Second Addition, City of HoynlDn Beach,
2.02 Central Hub The Central Hub consists of the radio communications system
operated by the City of West Palm Beach and includes those cities utili7.ing the system through jnterloc21
agreement with the City of West Palm Beach.
2.03 Cities The City of Boca Raton, the City of Delray Beilch, and the City of Boyncon
Beach, as individual entities, but used in context of this Agreement to mC;1n each city acting in the
collective.
2.04 Citv-CounryRoamini Talk Group Talk groups eStablished on a municipal r2dio
com munications system for which the SmartZone conlroIlerwiU assign channel re!\ources on the County's
communications systems when units from the talk group arc registered on the System.
2.05 Common Countywide Talk Groups Talk groups established on the County's
communic:ltions system that are made available to municipalities and other non-County agencies, These
talk groups must be programmed into agency radios and be selected by the user.
2.06 County Talk Groups: Talk groups established on the County's cmmunication
system that are made available to county agencies providing for inter-departmental communications. These
talk groups are re$erved for particular departments/ agencies and only available to outside departments by
separate 2greements.
2.07 Controller The Controller is the group of equipment components that provide
audio routing and control sign21ing functions required to interface various independent communications
system and provides interoperable operl1rlons berween the individuOll systems.
2.08 Cooperative The South Palm Beach County Public Safety Communications
Cooperative which wasestablished by BOCA RATON, DELRA Y BEACH AND BOYNTON BEACH
to collectively provide a radio communications system which provides ra.dio communications for the three
cities. All references to the COOPERATIVE shall also refer to each of the Cities of Boca Raton, Defray
Beach and Boynton Beach and to the approval of all actions of the COOPERATIVE by the Cities
pursuant to the lnterlocal Agreement establishing the COOPERATIVE dated 2/2/98.
2.09 Cooper~tive's System The 800 MHz tronked radio system or systems, funded,
purchased, installed, maintained and owned by the COOPERATIVE or the individual cities. The system,
or systems, shall include the fixed network and field radio transmitting and receiving equipment,
microwave equipment and/or leased communication transport lines as required for communications
between sites, dispatch center equipment and facilities required for the operations of each city's public
safety and governm~nt services functions, and the towers and physical facilities require to house and
maintain the system equipment.
South Hub Amend '12
Last Update: 713102 17:35
Page 2 or 19
05/12/2007 09:44
551-233-0205
~ACILI'1ES DEV & D~5
P{.4C:iC k"td
2.10 CSOPAC Communications System and Operations Policy Advisory Commiccee
established to develop policies for the system in which both tbe COUNTY and the COOPERATIVE
participate.
2. J1 CRSSC Countywide Radio System Steering Committee established (Q oversee
implementation of the policies established by the CSOP A C and to modify existing policif':s or create new
policies as required over the life of the System.
2.12 Microwave System A communications system utilizing frequf'ncif's in the
microwave range to route audio and control signals between sites in a multi-site communications system,
2.13 Network Administrator; Is the County staff position responsible for maintenance
and administration of the COUNTY system includmg the SmartZone ControIll'r.
2.14 North Hub The North Hub is a communications system proposed to be
developed by the municipalities in the nonhern County nea.
2.15 Parties All entities that have executed this Agreement which include tbe
COUNTY, BOCA RATON, DELRA Y BEACH AND BOYNTON BEACH.
2.16
Prime Site The loc;ation of the County's SmanZone'" Controller.
2.17 R:l.dio Alias: The unique name assigned to an operator's fadio that displays on
the dispatchers console when a radio transmits.
2.18 Roamin~ Feature A fe:1rure of the SmartZone controller that allows units from
speCified talk groups to register OntO communications systems associated with the SmartZone c;ontroller
when beyond the coverage of their primary system. Additionally these talk groups are assigned
communications channels on the systems where units registered when there is talk group activity.
2.19 South Hub The South Hub refers to the communications system, facilities and
operations proposed by the South Palm Beach County Communications Cooperative.
2.20 ~ The 800 MHz Tronked Radio system fund~d, purchased, installed,
maintained and owned by the County. The system will include fixed and field transmitting and receiving
equipment, a microwave system for communications bet'Ween sites, remote and prime site control and
management equipment, disp:1tch consoles and related equipment and a Smart Zone controller located at
the prime site.
2.21 System Administrator: An employee within the County's Communication
Division of the Department of Facilities Development & operations Department responsible for day to
day administration and management of the System and County's designated conuct person pursuant to
various sections of this Agreement.
Soulh Hub A.mend #2
LaSI Update: 7/3/02 17:35
Pagc3 of 19
~5/12/20~7 ~9:44
551-233-02%
CACILITIES D~V & OPS
PAGE 05
SECTION 3: COUNTY'S 800 MHz Trunkcd Radio System
3.01 The COUNTY has purchased, installed, :lnd operates a'SmartZone'" Controller, capable
of expansion to 48 pons, at its Prime Site. The COUNTY will solely fund the purchase .lOd ~~~ the
Controller. The COUNTY will allow the COOPERATIVE to connect to the Controller utlll%mg a
maximum of nine (9) ports.
3,02 COOPERATIVE agrees to pay its fair share of the operation and ffiilintenance
~ostS associated with the Controller on pro rata basis. The operations and maintenance costs to be
included are: system ..dministration COSts (which includes personnel costs). utilities, equipment, software
and ~omponent renewal, replacement costs, and controller maintenance ~osts (which may be out-sourced
or performed by the County), The COOPERATIVE'S maintenance costs are ~alculaled in Section 5.01
and 5.012 of this Agreement.
3.03 COOPERA TIVE will be solely responsible for any and all permitting and/or
licensing COStS associated with its use of the Controller.
3.04 COOPERA TIVE will be solely responsible for any and all costs associated with
the purchase of equipment components, modules, interfacing hardware and the installation services
required to utili~l' the $m:trtZone'"' Controller.
3.05 The COOPERATIVE agrees that only the COUNTY will connect to, expand,
or otherwise modify System components which are owned by the COUNTY. The COOPERA TIVE will
fund su~h actions to be undertaken by the COUNTY on the COOPERA TIVE's beh:tlf, and pursuant
to the terms of this Agreement.
3.06 The COOPERATIVE will only be financially responsible for those actions
undertaken on the COOPcRA'I'IVE's behalf when the COOPERATIVE has agreed to the costs in
writing prior to commeo,cement of the activity.
SECTION 4: County's Digital Microwave Communications System
4,01 Pursuant to a separate agreement between the COUNTY and BOYNTON
BEACH, the COUNTY will locate digital microwave communications equipment at the Boynton Site,
The COUNTY will allow the COOPERA'I'IVE to use the microwave system as a communication path
between the COOPERATIVE and the Controller located at the COUNTY's Prime Site.
4,011 Boynton Beach will solely utilize the 6 Tl capacity in the Microwave System
reserved for use by the COOPERATIVE pursuant to separate agreement and th:lt De1ray
Beach and Boca Raton will transport from their systems to the COUNTY's Prime Site
via leased Tis and not via the Microwave System.
4.012 If Delray Beach and Boca Raton subsequently decide to utilize the Microwave
System directly from their respective systems to the COUNTY's Prime Site, the
individual City will be totally responsible for :tII ~osts associated with the purchase,
installation, ownership, operations and maintenance of equipment solely for its benefit.
South Hub ^mend #'1
Last Update: 7/3/02 17:35
Page 4 or 19
05/12/2007 0g:44
5b1-233-EJ211b
l- {-.4L:l L.":' i 1~':J .Ut=..v ~" U~":l
~."' (..\t,t ; ~ b
The provisions of Section 4.03 will also then apply to Delray Beach aod/or Boca Raton.
4.02 COOPERATIVE will be solely responsible for all costS associ,lred with mterfaces between
the Microwave System or the commercial telephone system :lnd the COOPERA TTVE's radio SYSIcm,
4.03 The COOPERA TTVE agrees that only the COUNTY will connect to, expand,
or otherwise modify Microwave System components which are owned by the COUNTY.
COOPERA TNE will fund such actions to be undertaken by the COUNTY on the COOPERATIVE's
behalf. and pursuant to the terms of this Agreement.
SECTION 5: COOPERATIVE's Maintenance and Administration Costs
5,01 The COOP ERA TIVE shall pay an annual mamtenal1ce and administration fee
based on the following percentagc of staff and material costs, The costs provided below present as not to
exceed cost through October 2003. The costs for agencies using the SmartZone Controller are derived as
follow: the capped EStimate Annual COSts for fiscal 2003 are multiplied by the fixed percentages and the
sum of the costs for each category are apportioned om to rhe user agencies b;1Sed on the number of active
talk groups for each agency. As additional non-County u.scrs connect direcdy ro the SmartZone
Controller, the COOPERA "lIVE'S percentage of the total cost will reduce.
Estimated Annual Annual
Staff or Materials COSt Percent Cost
Network Administraror 575,000 20% $15,000
Network Engineer $67,000 10% $ 6,700
Field Engineer S50,5OO 10% $ 5,050
DlIta Entry $25,000 10% $ 2,500
Parts/Suppl ies/Softw~re $50,000 30% S 15,000
Total $44,250
5.011 The COUNTY reserves the right to charge the COOPERA TIVE on a time and
materials basis for the after hours emergency trouble reports that are not the result of a
failure of the SmartZone Controller, the Ambassador switcb, microwave system or related
subsystems or software.
5,02 The COUNTY shaJl inform the COOPERA TrvE of any adjustments to the
maintenance administration costs e:.lch year during the month of March. The COOPERATIVE
shall pay the maintenance and administration fees as a check payable to the Board of COUnty
Commissioners. The COUNTY shall invoice for payment in October and payment shall be due
November 30", Each year the COUNTY shall r~-cakuJate the fees provided in rhis Agreemenr.
The new calculation shall consider increases to the number of active talk groups and a.nnual
maintenance and administrative costs, Using tbe allocation methodology described in this
Agreement, the cOSts contained in Section 501 can be modlfied annually based on a lenet
agreement executed by the County Administrator (of his designee) and the Chairman of the
COOPERATIVE.
South Hub Amend #2
LlSt Update: 7/3/02 17:35
Pilgd of 19
~5/12/2~57 ~3:44
':Jbl-233-1:J:l'::lb
~~CILll~C~ ~CV & U~~
~,-\,,:ll:. t1 (
5.03 The COOPER,'\. TIVE shall provide to the COUNTY copies of their software licenses
for the use of the SmanZone system features associated specific..Jly w;th the COOPERA IIVE. These
licenses shall be submitted to the COUNTY prior to the COOPERA TIVE commencin& operations on
the SmartZone Controller and renewals shall be provided thereafter as prescribed by the license(s).
5.04 The COOPERATIVE shall have the authority to connect and utilize the features and
c:lpabilitics of the SmartZone Controller to provide ioteroperability between the cities of tbe
COOPERATIVE and other agencies as may be authorized at :l future dolte. The COOPERA TIV:E shall
have access authority to the SmartZone Controller that will allow the COOP:ERA TIVE to establish talk
groups and subscriber units on the System within the allotments provided in Attachment B to this
Agreement. The COOPERATIVE shdl progr:1m talk groups or subscriber units for operation only on
radio systems owned and operated by the cities of Boymon Beach, Delray Beach and Boca Raton.
5.05 The COUNTY shall attempt to notify the COO ERA TIVE a minimum of seventy two
hours in advanc~ of :all !;cheduled interruptions of tbe Sm:artZone Controller's capabilities. The COUNTY
shall make every effort to limit scheduled interruptions of the SmartZone Controller :;ervice to no longer
tban ninety minutes. Scheduled interruptions of service shall occur between 2:00 a.m. and 6;00 a.m.
whenever possible.
5.06 The COOPERA TNE shall be responsible for maintaining the equipment components
that make up the COOPERA TIVE'S System and the associated equipment used to interface with the
County's system,
5,07 The COOP ERA TIVE sh:lJI have the authority to utilize private call and telephone
interconnect features for the operations o( th~ir agencies. The COOP ERA TIVE recognizes that the
COUNTY'S use of the System does not include these features. As a result, additional equipment and
software licenses mllY be required to implement these features.
SECTION 6: System Capacity Forecast Assumptions
6.01 The COu"NTY and the COOPERATIVE agree that it would be mutually beneficial to
maximize the number of city-county talk groups with capabilities for System-wide rO:lming. The system
design forecast does not project any System capacity is available to acbieve this objective. However, as the
System is used, thl! COUNTY will h:avl! actual System use data that can be used in lieu of the System use
assumptions used for the original system capacity projection, The COUNTY agrees to periodically
reevaluate law enforcement's use of the System compa.red to the use projections. The specifics of this
evaluation ate identified in Attachment A to this Agreement.
6.02 Roaming shall be :tllo'\V~d betWeen the radio systems of the COOPERATIVE members
at the discretion of the COOPERATIVE. Roaming shall not be allowed, as of the date of this Agreement,
from COOPERA rIVE systems onto tbe COUNTY system nor from the COUNTY system onto the
cOOPERA TN:E systems.
South Hub Amend #2
LOIn Update:; 7/3/02 17~J5
Page: 6 gf 19
SECTION 7: COOPERATIVE's Acknowledgment of COUNTY Expenditure
The COOPERATIVE acknowledges that by entering into this Agreemenr, the COUNTY has
allowed the COOPERATIVE to save in excess of $1,000,000 as well as avoid costs ilssociated with
establishing a microwave link from the Boynton site to the Prime Site in excess of $125,000.
SECTION 8: COUNTY'S Obligations to COOPERATIVE's System
8.01 Nothing in this Agreement shall represent a commitment by the COUNTY, or shall be
construed as intent by the COUNTY, to fund :my portion of the COOPERATIVE's System,
8.02 After system acceptance warranty expiradon, the COUNTY shall provide a response by
a qualified technician to failures of SmartZone functionality that impact the operation of any of the
COOPERA TIVE'S radio systems within tWO hours of being notified of such failure. The COUNTY
shall take all possible actions to restore SmartZone functionality to full operation without delay.
8.03 COOPERA TIVE shall give the COUNTY twenty four hours notice of the need to access
the SmartZone Controller facility for roudne maintenance or installation of COOPERA TIVE equipment.
8.04 COOPERA TIVE shall have continuous access to the SmanZone Controller facility to
repair problems with their connectivity system~. After hours access shall be provided through the
emergency trouble reponing procedures established for the System.
SECTION 9: Utili7.ation of Countywide Common Talk Groups
9.01 The EMS Talk Groups were implemented specifically fOf emergency medical
corrununications betwecn the emergency providers and hOSpitals in and around Palm Beach Count)1 The
usage of the talk groups <1re defined below.
9.011 Scenario of Usage
A field unit requesting communication with a hospital will request communication
with a hospital through the Palm Beach County EMS Dispatch Center on the MED
Control Talk Group.
2.
Thc EMS Dispatch Center will assign the unused MED Talk Group and request the
field unit switch to the appropriate MED Talk Group.
3.
The EMS Dispatch Center will contact the hospital and perform a console patch
between the Hospital Talk Group and thc corresponding MED Talk Group uniting
the field unit and the hospital. The units will commence communication with
dispatch intervention,
4.
Ar the conclusion of the communication, the Dispatch Center WIll break the patch
between thc talk groups and return the MED Talk Group back to the pool for other
users.
South Hub Amend #2
Last Update: 7/3/02 17:35
P:\g~ 7 of 19
aO/~LIL~O' ~J.~4
:JD.! - L.:J.J-VLrJO
rHv~LL'LC~ ~CV ~ ur~
r Hit...:Il:.. tJ :::J
9.02 The Common Talk Groups were implementcd specifically for inter-agency communication
among multiple agencies. regardless or their specific discipline or affiliation. They werc also created to
allow conwunieations between agencies without requiring cross-programming operational talk groups in
each agencies radios. Proper usage of the Common Talk Groups are defined below.
9,021 Scenario of usage:
I. A unit requesting to coordinate a multi-jurisdictional operation or call for mutual
assistance. places a call on the Call Talk Group for the appropriate discipline (ie.
Law Enforccment, Fire Rescue, or Local Government) to the dispatch center of the
required agcncy(ies).
2. The responding dispatch center assigns one of the Common Talk Groups to the
requesting unit and contacts its agency's unit(s) and request the user switch to the
corresponding talk group.
3. The participating units would communicate on the Common Talk Group(s) and
upon completion of the operation, the talk-group is cleared of all radio traffic and
put back into the pool for other agencies,
9.022 Exam.ples of approved usage for Common Talk Group arc following:
1. Working talk group for multiple agencies fighting a fire together.
2. Coordination during a police chase through multiple jurisdictions.
3, Coordination during disaster recovery,
4, Coordination for a special event which requires participation of multiple agencies
and disciplines. (i,c.. undercover operations, investigations, perimeter
communications, fire ground coordination, efC,)
5, Coordination for scene security and establishment of landing zone for aircraft.
In addition, the Common Talk Groups could be used by any agency experiencing
catastrophic failures of their own communication system for a predetermined amount of
time:. A request to utilize the Common Talk Groups for this situation requires permission
of the System Administrator Once approved by the System Administrator, the Common
Talk Groups could be temporarily utilized until repair of the agency's communication
system is complete,
South Hl1b Amend #2
Last Update: 7/3/02 17:35
Pa~e 8 of 19
UbflLfLUDI D~:44
::lb~ - L.j.j-OLt:Jb
i~Li!.l~. .lL'_J UCV t'<,l Ul:J
:-.~ q!.~lt
9.03 The Common Talk Groups shall not be used for every-day rourine communications
9,031 Examples of improper use arc the following:
I. As an extra talk group for agencies that have cross programming agreements and
duplicate talk groups programmed into their radios,
2. To provide an extra working talk-group for a single agency supporting a special
event or operation. (i.e.. undercover operations, investigations, perimeter
communications, fire ground coordination, etc.)
3. As an additional dispatch, administrative, or car -to car talk-group for use by a single
agency.
SECTION 10: Frequencies
The Parties agree that the frequencies held by Palm Beach Counry and the frequencies held by the
COOPERATIVE shall be separate and shall be implemented and used at the sole discretion of the
individual partics.
SECTION 11: Liability
The panies to this Agreement :md their respective officers and employees sh:lll not be deemed to
assume any liability for the acts, omissions and negligence of the other party. Further, nothing herein shall
be construed as a waiver of sovereign immunity by either parry, pursuant to Section 768,28, Florida
Statutes.
SECTION 12: Term of Agreement
The term of this Agreement shall be for:l period of five (5) years from execution. The Agreement
may be renewed for a period of three (3) years upon written modification by all Parties, Should the
Agreement not be renew~d at any time in the fUture, the provIsions of the termination clause shall apply.
SECTION 13: Amendments to this Agreement
13.01 This Agreement may be amended from time to time by written amendment by all Panies.
13.02 In the future, if the County enters into an agreement(s) with other municipalities which
terms are more favorable than those contained in this Agreement, the County agrees to amend this
agreement, by written amendment executed by tbe County Administrator or hls designee, the Director
of Facilities Development & Operations to match [he more favorable. This provision does not apply to
Sections 4 and 7 of this Agreement.
South Hub ^mend #2
Last Update: 7/3102 17;35
".gc 9 of 19
05f12f20C7 ~?:44
551-233-02%
~~CILITIES 8EV & OPS
aAGE 11
SECTION 14: Termination
14.01 The COUNTY C:ln only terminate this Agreement <\s a result of any default of the
COOPERATIVE pursu:1nt to this Agreement.
14.02 The COOPERATIVE may terminate the Agreement with 60 days notice to the
COUNTY. All improvements made to the SmartZone Controller, the Ambassador Switch, the
microwave syst~m, 2nd related subsystems by the COOPERATIVE, or on its behalf, shall remain part
of the equipment where installed and ownership shall transfer to the COUNTY.
SECTION 15: Administration
15.01 The Palm Beach County Communications Divisions is charged with responsibility for
administering the System. Within the Communications Division a position with the title of 800 MHz
Syuem Adminisrraror will be the City's day to day contact and can be reached at 561-233-4417. The
Commtmications Division is staffed from 0800 to 1700 hours Monday through Friday, excluding County
holidays. After hours emergency contact can be made through the Counr}" s Fire Rescue Dispatc;h Center
at 561.71,2.6550 and the appropriate contact will be made.
15.02 The administrative policies for the SmarrZone Controller shall be established by the
CRSSC, The COUNTY and the COOPERA TM agree to abide by the policies so eStablished.
15.03 The COOPERATIVE shall assign representative to attend the User Comminee
meetings for each of the law enforcement, fire rescue and public works disciplines for which the Cities
have subscriber units programmed on the System. Participants at these meetings will discuss all system
maintenance and administration issues. Non-critical problems or suggested changes shall be presented at
the meetings. As agreed to by the user Committee members, issues discussed at the meetings shall be
forwarded to the Network Administrator of the CRSSC for final approval.
15.04 The COOPERATIVE shall be responsible for adhering to the policies and procedures
established for System use. Should the COOPERA TIVE not follow the established procedures, there shall
be three warnings before corrective action is taken. The CRSSC shall bave the authority to direct the
Network Administrator to implement modification to the network including disabling unitS or disabling
access to the System.
15.05 The COOPER1\. TIVE shall receive ctrr:\in :l.ccess codes to the Palm Beach County
syStem and shall be responsible to safe guard the code information from release to unauthorized parries.
Service staff directly employees by the Cities of the COOPERA TIVE shall be considered authorized to
receive access and programming codes for the maintenance of their agencies' radio equipment. Commercial
service providers are not considered authorized to receive access of programming codes for the
COUNTY's System. Agencies that plan to use commercial se.rvices for their system or subscriber unit
maintenance must include confidentiality requirements in their contracts with the c;ommercial service
providers acceptable to the Network Administrator before access or programming codes may be released
to these companies.
South Hub Amend #2
Last Update; 713/02 17:3S
Pille: 10 Qf 19
05/12/2007 09:44
st,1-233-0205
FACILITIES DEV & OPS
PAGE ] :;
15,06 Commercial maintenance service providers are not considered authorized to receive
;lccess or programming codes for the County system, unless meeting the requirements of Section lS.061
and/ or 15.062 bdow. If the City does not have employees capable of programming City radio equipment
or prefers to have others program City radio equipment, It may request that the Palm Beach County
Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County Communications program City
radio equipment under the terms of ;a Separate agreement.
15.061 If the City uses a commercial service provider to program City radio equipment
at the time of execution of this Agreement and desires that the commercial service
provider program the City radio equipment with the Common Talk Groups, the
City must submit its eXIsting contract with the commercial service provider to the
System Administrator for review. The review will focus on whether the contract
terms between tbe City and the commercial service provider are adequate to
protect the County's radio system from mis-use, harm or release of :access :and
programming codes to unautborized persons. Notwithstanding the previous
statcment, the County retains the ril;11t, in its sole opinion with or without
written reason or cause, to approve the use of a commerci:al service provider. If
approved, the System Administrator will release the acceSS :lnd programming
codes to the commercial service provider. The City will be responsible for
ensuring that the commercial service provider adheres to the terms of thi~
Agreement pcruining to the proper use of the progr:\mming codes and radio
equipment use. If not approved, tbe City shall use either the Palm Beach County
Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach Couney
Communications Division to progr:lm City radio equipment with Common Talk
Groups.
15.062 If the City intends on using a commercial service provider to program City radio
equipment with the Common Talk Groups, the City shall submit the a.ppropriate
bid documents/contract to the System Administrator for approval prior to
soliciting a bid or quote from the commercial service provider, The System
Administrator will work with the City to develop the appropriate language for
the contract which will allow for approval of the commercial service provider.
NoC'withstanding the previous statement, the County retains the right, in its sole
opinion with or without written rcason or cause, to approve the use of a
commercial ~rvice provider. If approved, the System Administrator wiiI reiease
the access and programming codes to the commercial service provider, The City
will be responsible for ensuring that the commercial service provider adheres to
the terms of this Agreement pert:lining to the proper use of the programming
codes and radio equipment use. If not approved, the City sh:tll use either the
Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm
Beach County Communications Division to program City radio equipment with
Common Talk Groups.
15.07 The City is solely responsible for tbe performance and the operation of City equipment
and any damages or liability resulting from the use thereof. Should the County identify malfunctioning
City owned equipment, the County will request the City to discontinue usc of the specific device until repairs
South Hub Amend 112
Last Update: 7f3/02 17:35
Pl1ge II of 19
05/12/2027 ?9:4~
551-233-02%
CASILITIES v~V & OPS
PAGE 13
arc completed. The County may, at it's discrction, disablc the equipment from the system after properly
notifying the City in writing if the device is causing interference to the system.
15.08 In the case of stolen Or lost equipment, the contact person identified in Section 15.01 will
notify the System Administrator by c~mail or fax authorizing the System Administrator to disable the
equipment The authorir..ation shall provide the COUllty issued individual unit ID number and the serial
number of the radio. The System Administrator will advise back via e~mail when the radio has been
disabled. A request by the City to re-activate a disabled radio will also be required in writing bye-mail or
fax to the System Administrator,
15.09 The COOPERATIVE shall have the capability to generate call activity reports, faulty
reports and reports about the infrastructure equipment, as well as subscriber units established on the
individual udio systems of the COOPERATIVE.
15.10 The COOPERATIVE shall have access through their SmartZone Manager Terminal
to receive alert~ and alarms for the SmartZone Controller as well as the infrastructure equipment for their
individual communications syStems.
15.11 The COOPERATIVE shall be responsible for including the requirements of Section 9
and Section 15,06 of this Agreement in any Agreement with another municipality or agency for
communications, dispatch, police or fire rescue services,
SECTION 16: Annual Budget Appropriations
The COUNTY'S and Cities' performance and obligation to pay pursuant to this Agreement are
contingent upon annual appropriation for its purpose by the Board of County CO.rnmissioners and each
individual City Council.
SECTION 17: Notices
Any notice given pursuant to the terms of this Agreement shall be in writing and done by
Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt,
as evidenced by the Return Receipt. All notices shall be addressed to the following:
As to the COUNTY:
Director, Facilities Development & Operations
3323 Belvedere Road, Building 503
West Palm Beach, Florida .3.3406
With copy to:
Director of Communications Division
3323 Belvedere Road, Building 506
West Palm Beach, Florida 33406
South Hub Amend 1#2
LlIst Update: 7/3/02 17:35
Page 12 of 19
05/12/2007 09:44
551-233-0205
FACILITIES DEV & OPS
County Attorney's Office
301 North Olive Ave, Suite 601
West Palm Beach, Florida 33402
As to BOCA RATON:
City Manager
City of Boca Raton
201 W. Palmetto Park Rd.
Boca Raton, FI 33432
With copy to:
Chief of Police
City of Boca R:noo
100 NWBoca Raton Blvd
Boca Raton, FL 33432
As to OELRA Y BEACH:
City Manager
City of Delray Beach
100 NW First Ave.
Delray Beach, FL 33444
With copy to:
Chief of Police
City of Oelray Beach
300 W. Atlantic Ave
Delray Beach, FI. 33444
As to BOYNTON BEACH:
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd,
Boynton Beach, FL 33435
With copy to:
Chief of Police
City of Boymon Beach
100 E. Boynton Beach Blvd.
Boynton Beach, PI. 33435
South Hub Amend #2
Last Update; 7/3/02 11:35
PAGE 1 a
Page 13 of 19
05/12/2007 09:44
SSI-233-02"lS
~ACILITIES DEV & OPS
PAGE 15
SECTION 18: ApptiC::lbl~ L:lw/Enforcement COStS
This Agreement shall be governed by the laws of the St.ne of FloridaJo any litigation brought by
a parry to this Agreement to enforce the terms of this Agreement, each party shall bear its own costs and
attorney's fees incurred in connection therewith.
SECTION 19: Filing
A copy of this Agreement shall be filed by Palm Beach County with the Clerk of the Circuit
Court in and for Palm Beach County,
SECTION 20: Delegation of Duty
Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or
Statutory duties of any party,
IN WITNESS WHEREOF, the parties have caused this AgreE:mcnt to be executed on the day and year
first written above.
ATTEST:
R2003 0174
FEB . 4 .
DOROTHY H. WILKEN, Clerl~",,,,,,\,,,
~""""""~'T Y ""II
.... "'i" ell,
ffO~""'-""-, 0 fir
..?"CJ/ ".,~'"
~ .' .a 6 --<.1.:\
.::-~ :; l-\.."" t:;..,c '-, .;:. ~
BY '>Y:cJ> ~
: ". ~ NT Y :cn~
~C'.,... :o~
~ ~" rLORlof>- .: ;:
~l ~'" "'~f
", 0 -', ,.'~7:#
ASTOFORMANDLEG~~~~~~
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
BY:~V IJ-~ t-
Chair Karen T. Marcus
AS TO TERMS AND CONDITIONS:
BY;~~
County Artorn
BY;
South Hub Amend N2
LlI~t Update: 7/3102 11:35
Pase 14 of 19
05/12/2007 09:44
551-233-0205
FACILITIES [lEV & DPS
PAGE" lb
BY, jj~ ~~
/
CITY OF BOCA RATON, BY ITS CITY
COMMISSIONERS
BY'~
Signature of Mayor
--
~
CITY OF BOCA RATON. Clerk
BY:
"'$
Printed Name of Mayor
Legal Sufficiency:
t~
South Hub Amend ff2
U,t Upd"tt:, 713102 ILi5
PJge l.~ of 19
VOf~LfLVQ( ~!~.~~
"J':ll. - L.J.,j-tJLO'JO
~~vLLL'l.C~ VCV ~ ur~
r~\.:1C J..'
CITY OF DELRA Y BEACH, Clerk
CITY OF DELRA Y BEACH, BY ITS CITY
COMMISSIONERS
By,ihJ~
BY:~ ~~Q,J. ~ _ ct-'
Signature of Mayor
--
BY;
DA.1I1 [) II. s:'H,.-r I D 7
Printed Name of Mayor
Legal Sufficiency:
~l
City Attorney
Soudl Hub Amend #2
UlSl Update;:; 7/3/02 17:35
Page '6 of /9
~b/lLIL~~1 ~~:qq
:Jbl-L~,j-l1Ll1b
~AG1L_li~~~ L}~V & U~~
-'!41~,t
CITY OF BOYNTON BEACH, Clerk
CITY OF BOYNTON BEACH, BY ITS CITY
COMMISSIONERS ~
BY:~/
, Signature of Mayor
BY; ~ B. We;14nJ V,~~ M~ov
Primed Name of Maydr
Legal Sufficiency:
_D CR}.~
City Attorney
8COMHz\.outh hub 2nd
South Hub Amend 112
T.ast Updnlc: 7/3102 J 7:35
Page 17 of 19
~O'~LIL~V' V~;44
::JOi-L.J..:J-VLtJO
rHGJ.Ll.! l.C:) Uc...V ~ ur::>
'-F4~c... 1.:J
Attachment A
System Capacity Forecut Re-evaluation
In order to implement Section 6 of the Agreement, the COUNTY agrees to the following.
Two (2) years after final acceptance of the System and complete migration of PBSO to the system and
every three (3) years thereafter, the fore~st of System capacity will be re-e~aluated. The re-eval~al:ion will
entail the substitution of actual System use data for System use assumptions used to determme System
capacity. The re-evaluation wi~) be do~e by p~rforming an Erlang studr ?ased on actua! system usage data,
actual unit quantities and, reVised unit qU2ntlty growth for the remammg system bUild-out.
The SYStem use a$$Umptions used to determine the original system capacity projections are identified as
follows;
System Build-out: 2013
Number of Voice Channels: 27 (See note below)
Calculation Model; Erlang-C
Standard Call - Seconds/Units; 3.778 seconds
Loading: Call/Hour/Unit: 1.7036 caU-seconds
Working Channel Overhead: 0.5 seconds
Maximum Acceptable Delay; 1 second
Average Mess.age: 4.278 seconds
Offered Load: 14.3634 erlangs
Basic Grade of Service: 0.20 percent
Delay~d Call Grade of Service: om percent
Percentage of Time each Channel in Use: 53.2%
Agency Parameters:
Law Enforcement
Fire-Rescue/EMS
Gen. Gov~m.. Total
Unit Quantity by 2013
Peak Erlang by 2013
3412
6.91
1405
2.84
2278
4,61
7095
14.36
Note: Implementation of two additional channels capable of countyWide coverage is required to meet
[he operational minimums for [he fuUlS year system life cycle.
To determine the availability of system capaciry to SUppOrt city-coumy talk groups, the above assumptions
will be compare with actual use data and the assumptions will be adjusted accordingly for law
enforcemem. Using the adjusted parameters an Erlang-C study shall be performed to determine capacity
usage.
In the event that the re-evaluation indicates that overall law enforcement usage is less than that computed
by the assumptions (including the projected gro\'Vth in number of COUNTY law enforcement radios and
the actual use for those projected radios), the COUNTY ....ill re-direct that law enforcement capacity
difference to allow for cenain talk groups to have the roaming feature activated. Municipalities proposing
Saudi Hub Amend #'2
LaS! Update; 1/3102 11:35
Page 18 of 19
roaming talk groups shall provide Erlang study data to demonstr:lt~ the identified available capacity caD
support the caU trafflc from the proposed city-county talk groups. To ensure comparable Erlang study
results, municipal studies shall be based on the same methods and calculation model as used for the
County's study,
The number of specific city-county talk group to use the roaming feature will be based on an evaluation
of aU city-county talk groups, capacity needs for each talk group, the capacity available, the number of
radios with access to the talk group, the risk/stress involved in ;Ictivities using each t:Uk group, and any
monitoring requirements,
All citie~ in the County will be able to participate in the identification of law enforcement city-county talk
groups for consideration to go to System-wide roaming. The COOPERATIVE acknowledges that any
capacity which may be re-assigned to enable city-county talk groups with the roaming feature is avaBable
to aU cities in the County not only those in which the COOPERATIVE routinely participates.
As the System has countywide coverage it will nOt be necessary for COUNTY users to activate a roaming
feature. As a result, any COStS associ01ted with the re-programming of subscriber units and the SmartZone
controller will be borne in its entirety by tbe entity proposing the city-county talk group.
The re-assignment of any capacity initially forecasted to fire rescue and general government users, is at tbe
sole discretion of the COUNTY.
h:~ou[hubag'
.~
South Hub Amend 112
last Update; 7/3/02 17:35
Page 19 of 19
.\1".Y_.~k-
-- --
::::.- =-----
~ --~ ..--- I
o --~ --~ "
)- -- -- ~
1\-"'0 N '0<--
VI.-CONSENT AGENDA
ITEM C.6.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
~ August 21, 2007 August 6, 2007 (Noon,) 0 October 16,2007
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007
0 October 2,2007 September 17,2007 (Noon) 0 December 4,2007
Date Final Form Must be Turned
in to Citv Clerk's Office
October 1, 2007 (Noon
October 15,2007 (Noon)
November 5, 2007 (NoOlij3
C-.
November 19, 2007 (N~
W
o
~
n--t
::::::j-<
-<0
C") '"T1
:-co
fTlO
?:l-<
:^Z
ui-<
o
oz
""'co
::!fTl
":>
fTl"
:I:
0 Announcements/Presentations 0 City Manager's Report -0
:x:
NATURE OF 0 Administrati ve 0 New Business .r:-
AGENDA ITEM ~ Consent Agenda 0 Legal W
&"
0 Code Cornpliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Gentil Felicite
for the property located at 3959 89th Road South, Boynton Beach, FL 33436
EXPLANATION:
The parcel covered by this agreement includes a singe-family home located in an unincorporated portion of the City's
utility service area. Only potable water is available for connection to the property at this time due to recent water main
improvements associated with the widening of Lawrence Road.
PROGRAM IMPACT:
None. The water main already exists, and the property owner will be responsible for extending a plumbing line to the
proposed meter.
FISCAL IMPACT:
None
ALTERNATIVES:
NOD'. Th;, P'". rr.<<)w willthlD t.h.' City" DtHi.ty "",i" area.
4 ~~<:;:~
Department Head's Signature
~Ye~
Assistant to City Manager W/
UTILITIES
Department Name
City Attorney / Finance
Xc: Peter Mazzella (w/copy of attachments)
City Attorney
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
28
1
2
3
4
5
6
7
8
9
10
11
12
RESOLUTION NO. R07-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
EXECUTION OF AN AGREEMENT FOR WATER
SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE
CITY OF BOYNTON BEACH AND GENTIL FELICITE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the subject property is located outside of the City limits, but within our
13
water and sewer service area, located at 3959 89th Road South, Boynton Beach, Florida; and
14
WHEREAS, the parcel covered by this agreement includes a single-family home
15
located in an unincorporated portion of the City's utility service area; and
16
WHEREAS, a water distribution main already exists and the property owner will be
17
responsible for extending a plumbing line to the proposed meter; and
18
WHEREAS, no additional construction will be required by the City to serve this
i'
19
property.
20
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confimled as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2,
The City Commission hereby authorizes and directs the City Manager
26 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
27 Gentil Felicite, which Agreement is attached hereto as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO'Agreements\Water Servlce\Felicite Water Service AgreemenLdoc
1
2
3
4
5
6
7 i I
8 Ii
9 I
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
'!
PASSED AND ADOPTED this _ day of August, 2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Attest:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Felicite Water Service Agreement-doc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS .AG~Mr:~T \TIflde on this W~y of ~ V (t L ,2002, by and between
~,f;11 \-~ \, Cl-r-6 hereinafter called the "Customer", and the
CIT 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 of the 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:
l. 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)
') The Customer and the City hereby agree that there are L Ii Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, material, laboL
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
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 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 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
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.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns,
10. It 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 oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
2
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) from 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 from 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
'I
_1
\' WITNES S WHEREOF, the parti es hereto have set their hands and seals this ze, r.!:ctay of
t VI\L- ,2007.
WITNESS: ~ ~
--~~~
Wit~es~Signature r2.t
Printe
INDIVIDUAL(S) AS OWNER(S):
~c~1Z-~(
o'Ger Si~llflt.)l~e h ~
'Y....U --r , \ f=: .
Printed Owner Name
Witness Si&nature~__ L L\"
C-ec6fe= .t:::( iT fIOMM.E;
Printed Witness Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
j
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF {)fO(2\OPr )
) ss:
COUNTYOF~
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid '""rd ~Te C~ty aforesaid to take acknowledgments, personally appeared
G.c;;::;V\11 'Lf~ 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 me or provided the following proof of
identification: FL, \) ltI \lEl2- 2 1/~tJ5'i:... )
( 9534- Z4Q- ,.3- '1b"6-0 _~
WITN"ESS my hand and official seal in the County and State last aforesaid this W -day of
,~V V\ t... , 2001-.
(Notary Seal) $$..~'r" JamesD.Ford () r\JAN"":;-;S"~' n
=i6l*: ~~ MY COMMISSION I 00268463 EXPIRES t"}'" ... K...t. Y ! ?::J--
: ~ :~ Novembe 18, 2007
My Commission exp ,..i...i' BONDEDTHRUTROV:"'NINSURAIa,INC. Notary Public
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
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 m the County aforesaid to take acknowledgments, personally
appeared , City Manager 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
,200_
day of
(Notary Seal)
Notary Public
My commission expires:
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
H:\l 990\900 1 82.BB\AGMT\Water Service Agreement - Rev I -6-06.doc
5
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody and Ezrol PA
3099 East Commercial Blvd.
Suite 200
Ft Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTYOF~e~
I/We,
, 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:
PCNNo.: 00-43-45 -lfb-WOBO -7/20
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the z,.g,~ay of
00 C\ <1-- , 20~ and the powers and authority shall be irrevocable by Grantee.
1')4' i:!:
IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of
~ U (\z ' in the year 200 T
Sealed and delivered in the presence of
~.~
Witness Signature f2 L '
POMPq/Sfk.J_'
prln~
~~fe~ [)_ L.L
e€f' k' IE t1a1.I VlD fV\ f'Y\ <c--
Print Name
Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
)
) SS:
COUNTY OF PALM BEACH )
THE FO.REGOING INSTRUMENT was aCknqwle~befor< Ij1e this Z8~ay of
~ V t\~. 20.4, by 00Tttl I:E--U c rr::cC and
, , who are known to me or who have produced
_r;:L · 11 r2.1VeD I ((".aJS.,., as identification and who did/did not take a~
O~e5 \) .'-o-mrL
NOTARY Pl-!,.eI}C
l~~fli.tr...
Type or Pri~1''':: 8OHDE~~~~~::~BiN;~1HC
~/Rf..~
STATE OF FLORIDA
James D. Ford
Commission No.
My Commission Expires:
S :\CA \AGMTS\ Water Service\power of atty. doc - 1-6-06
H\1990\9001 82.BB\AGMT\Power of Attorney-Ind l-6-06.doc
Palm -Beach County Property Appraiser Property Search System
Page 1 of 1
Location Address: 3959 89TH RD S
Ld""..wMIe"'l,dlR", <in}
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-18-00-000-7120
Subdivision:
Official Records Book: 19633 Page: 1004 Sale Date: Dec-2005
Legal Description: 18-45-43, N 110 FT OF S 220 FT OF E 90 FT OF W 249.10 FT OF SW
1/4 OF SW 1/4
Owner Information
Name: GENTIL FELICITE
lyi~~m,*,"ik,@jl
Mailing Address: 3959 89TH RD S
BOYNTON BEACH FL 33436 2401
Sales Information
Sales Date Book/Page
De~2005 19633jl004
Aug-1983 04011/0732
Price 5aJeType Owner
$310,000 WARRANTY DEED GENTIL FELICITE
$18,000 WARRANTY DEED MINGLEDORFF G C
-::xemptions
,..<emption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Tax Year 2006
Number of Units: 1
*Total Square Feet: 2417
Acres: 0.23
Use Code: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2006
Assessed Value: $266 404
Exemption Amount: $0
Taxable Value: 266 404
2004
$88 605
$25 000
63 605
1,~~~~i,~1
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2006 2005 2004
$4,863 $1,263 $1,241
$297 $276 $224
$5.160 $1.539 $1.465
L, T.,~CY~~J:.J
l....~s,' ,}
''}..'{.:;Y-",_E<td'<lc~'!',lJ - ~--_-_- i~~~;i4&i';<ij;j'
Tax Collector WebSite
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
ty:t",f- IJ
http://www.co.palm-beachJ1.us/papa/aspx/web/detail_info.aspx?p _ entity=00434518000007120&geonav=... 7/26/2007
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
, ----'-..2.>!I.-.--....-J-----~., ,]JZIL
M7ii
-
oo7l1
71111
MW 0000
7100
OOW
7300
004il
MoIHI {HI<W
n2~ 71*
l1700 oo2;}
Page] col
Owner Information ~
peN: 0~~~n~~1_~0~~007120
'Rtim'!to'PA"PA:
Name: GENTIL FELICITE
Location: 3959 89TH RD S
Mailing: 3959 89TH RD S
BOYNTON BEACH FL 33436
2401
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
I Tax Value
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date
Dec-2005
Aug-1983
Jan-1979
7l17ii
ii700 oolii
004b {HI<W oo2ii oolii
0000
oolii
0041
0071
Legend
Palm Beach County Property Map
Map Scale I:] 680
C:=J Parcel B omdary
~ Lot nurrber
Map produced on 7!26/2007 from PAPA
hl1p"www pbcgovcom!papa
L 0 c.. __tt ~n (VI tA.fJ
http://gisweb.co.palm-beach.fl. us/ipapagis/presentation/mapping/printnew .asp?MAPURL=http ;// gisweb. c,.. 7/26/2007
Structural Detail
Page 1 of 1
.. R1m~:,::l~~-q2\," 'Property Appraiur's Pubhc Access SystBm
p,'" . fli * W '., 1~;.;rl~~1:~1t~r:~^'\:~;.j'}_~A;' ,":,',-" J.... ~*
· ~ ~ir ~ ~ ~rf]: if, i/ 't \",:,~ I; ,,~. "> r ~ -, . .
"'} ~:J;;l.;'Jiwwl,Jf..:."Ct m A ~ 1'" :j,;"
~i'fP ~~2i .~~ "d ;~~1::~ :; '"~ ~ "
....lIIIner Name: GENTIL FELICITE
PCN Number: 00-43-45-18-00-000-7120
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING!
Structural Element for Building 1
1. Exterior Wall 1
2. Year Built
3. Air Condition Desc.
4. Heat Type
5. Heat Fuel
6. Bed Rooms
7. Full Baths
8. Half Baths
9. Exterior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Wall 1
13. Interior Wall 2
14. Floor Type 1
15. Floor Type 2
16. Stories
--:.xtra Feature
.. ..:scription Year Built Units
GAZEBO- WOOD 2005 1
Patio 1983 200
UTILITY BUILDING 2000 144
Unit may represent the perimeter, square footage, linear footage, total number or other
measurement of the feature depending on the feature described.
Detailed Land Information
Land Line # Description
1. SFR
BD & BATTEN
1983
HTG & AC
FORCED AIR DUCT
ELECTRIC
o
2
o
N/A
GABLE/HIP
ASPH/COMP. SHG.
DRYWALL
N/A
CARPETING
N/A
1
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 1491
FOP FINISHED OPEN 48
2. PORCH
3. FGR FINISHED GARAGE 590
FSP FINISHED
4. SCREENED PORCH 288
Total Square Footage: 2417
Total Area Under Air: 1491
~,,,,"OJRWfnaiM&D., . .1
Zoning
AR
1~..1Q.ie~'B1l~1 I,. ;_,",,,,JWait'M,,,,,,"~,,1
Rec:ord Search I Exemption E~File I Infol'mi:ltion I Exemptions I Community I EmplQyment I New Home Buyer I Office Locations
Value Adjustment Board I Save Our j'lomes I Senior Corner I Dis(;.laimer
Home I Links I C;lossi:lry I FAQ I Forms I Contact Us I PAPA
(c) 2007 Palm Beach County Property Appraiser.
http://www.co.palm-beach.fl.us/papa/aspx/web/detailjnfo2.aspX?p _ entity=00434518000007120&Owner... 7/26/2007
.5~ 0,.
III 0--" . =-- :r
0', (J
J- - ~
'\17'0 N '0'"
VI.-CONSENT AGENDA
ITEM C.7.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
~ August 21,2007 August 6, 2007 (Noon.) 0
0 September 4, 2007 August 20,2007 (Noon) 0
0 September 18, 2007 September 3, 2007 (Noon) 0
0 October 2,2007 September 17,2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
October 16, 2007
October I, 2007 (Noon
November 7. 2007
October 15,2007 (Noon)
November 20, 2007
November 5,2007 (Noon)
December 4,2007
November 19,2007
(Noon)
o
--.l
'-
c::
I
c...>
o
,--)
.:-:. --i
=i-<
'<C!
C, ""T1
CO
''''0
:~-<
--2
-0 (/)--1
::: 0
Oz
.r:- ~CO
c...> -m
.- (J>
- ,." (J
RECOMMENDATION: ::r:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Laura K.
Zduniak for the property located at 3945 89th Road South, Boynton Beach, FL 33436
Consent Agenda
o
o
o
o
o
New Business
NATURE OF
AGENDA ITEM
o
o
~
o
o
Administrative
Announcements/Presenta tions
City Manager's Report
Legal
Code Compliance & Legal Settlements
Unfinished Business
Public Hearing
EXPLANATION:
The parcel covered by this agreement includes a singe-family home located in an unincorporated portion of the City's
utility service area. Only potable water is available for connection to the property at this time due to recent water main
improvements associated with the widening of Lawrence Road.
PROGRAM IMPACT:
None. The water main already exists, and the property owner will be responsible for extending a plumbing line to the
proposed meter.
FISCAL IMP ACT:
None
ALTERNATIVES:
None. This parce swithin the City's utility service area.
JZ~
City Manager's Signature
Assistant to City Manager ~
Department Head's Signature
UTILITIES
Department Name
City Attorney / Finance
Xc: Peter Mazzella (w/copy of attachments)
City Attorney
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
28
I RESOLUTION NO. R07-
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
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND LAURA K.
9 ZDUNIAK; PROVIDING AN EFFECTIVE DATE.
10
11
12 WHEREAS, the subject property is located outside of the City limits, but within our
13 water and sewer service area, located at 3945 89th Road South, Boynton Beach, Florida; and
14 WHEREAS, the parcel covered by this agreement includes a single-family home
15 located in an unincorporated portion of the City's utility service area; and
16 WHEREAS, a water distribution main already exists and the property owner will be
17 responsible for extending a plumbing line to the proposed meter; and
18 WHEREAS, no additional construction will be required by the City to serve this
19 property.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1,
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission hereby authorizes and directs the City Manager
26 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Laura
27 K. Zduniak, which Agreement is attached hereto as Exhibit "A".
Section 3,
This Resolution shall become effective immediately upon passage.
S:\CA\RESO"Agreements\Watcr Scrvlce\Zduniak Water SerVlce AgrecmcnLdoc
. ,
1
2
3 PASSED AND ADOPTED this _ day of August, 2007.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
8
9
10 Mayor - Jerry Taylor
11
12
13 Vice Mayor - Jose Rodriguez
14
15
16 Commissioner - Ronald Weiland
17
18
19 Commissioner - Mack McCray
20
21
22 Commissioner - Carl McKoy
23 Attest:
24
25 .
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Zduniak Water Service Agreementdoc
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody & Ezrol, 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 m<:de on this ~ day of 0 \J rvi- ,200:L, by and between
LAve A ~, z. Ou n I A K... 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 of the 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, laboL
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
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 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 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
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.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. It 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 oflocal, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
2
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) from 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 from 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this j Z ~ay of
~\J~-L ,2001. -
Witness Signature
Printed Witness Name
Witness Signature
Printed Witness Name
FOR INDIVIDUAL(S) NOTARIZATION:
STATE OF ~IOo. iOA- )
) ss:
COUNTY OF fu.IM 'ac.l.)
INDIVIDUAL(S) AS O\VNER(S):
~~..} /.(. ~1"'~
Owner Signature
L..AUt2A t. ZOtJnlA-K-
Printed Owner Name
Owner Signature
Printed Owner Name
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
l~avQ..~ ~. Zn v f\ t"p\-k.. 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 me or provided the following proof of
identification:
WITNESS my hand and official seal in the County and State last aforesaid this [~~ day of
~ \oJ iVL , 2001-.
(Notary Seal)
My Commission expires:
.......,'
J'~fl\y.r~~ James D. Ford
f1t~: :11{ MY COMMISSlO N I 00268463 EXPIRES
...,. 'Sid! November 18, 2007
."1j .iff' IONDID lflRu 11lOV FAIN INSURANCf.IlC.
" ~~
0~~E5V. ~
Notary Public
4
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF'BOYNTON BEACH AND
(INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
Kurt Bressner, City Manager
ATTEST:
City Clerk
Approved as to form:
City Attorney
STATE OF FLORlDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that ~m this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally
appeared , City Manager 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
,200_
day of
(Notary Seal)
Notary Public
My commission expires:
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc
H:\l 990\900 I 82.BB\AGMT\Water Service Agreement - Rev 1-6-06.doc
5
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
Goren, Cherof, Doody and Ezrol. PA
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF J1>r\M. ~~t:-~
.
I/We, lJ\\Jt2.~~. L-rJaJt'\,~ , 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:
PCNNo.: oo.;~ 4S- IS DO tJOD 7//0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the I z... ~ day of
~ " t\, L , 20 EL1 and the powers and authority shall be irrevocable by Grantee.
IN WI1NESS WHEREOF, we have hereunto set our hands and seals the /2, ~ay of
~ U V\ '1- , in the year 20rL/
Sealed and delivere
~4#N' k. ;t~
Owner Signature . r.
LAVeA ~. ZOvntAJe-
Print Name
Wj,tness gna~e a 1.. __
L- 1 ". AJ~J lJeIlY
Print N am~ '
C4t~~~L/
it ess Signat
~~#pp~ ~~1J
Print Name
Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
THE FOREGOING INSTRUMENT was acknowledged before me this J Z- ~day of
0\Jr\i.., 20Irl, by ~Prurz,. ~. Z.OVt1I~\L and
who are known to ~e or who have produced
, as identificati:S;;:d:~;;~ .
NOTARY PUBLIC
My Commission Expires:
Type or Print Name ~~ James D. Ford
f.: ~,,\ MY COMMISSION I 00268463 EXPIRES
~ n November 18, 2007
Commission No. .~... '. BONDED THRU TROY FAlN IHSUWlCUC.
S:\CA\AGMTS\ Water Service\power of atty.doc - 1-6-06
H:\l 990\900 I 82.BB\AGMTlPower of Attomey-Ind 1-6-06.doc
Palm Beach County Property Appraiser Property Search Sys':em
Page 1 of 1
,. '" '3~::."lt~IIT~::!:~,~~.~errY:~R:P{~iSJil~ Public Acc@ssSystem
.f; ,It, '~'-' .,x fA"'1 7\'I"'C-"" 'd~ ,";:' '1" :
", ' ,'t, l) " ,~, l)0, i; t hi 1 It;)' ,..".' ~. 'f, r i r.; r: r- I', ,
c /'.iif . \ ~,)fi;,J' it k. ~ > "L
, , ; 1&1i ~i1f,,;'F3'i;:' ,~:, , " " :
"~.~~1ill&.i",,"~" ","~I""'M ""'" """ ,.~~ }
Property Information
Location Address: 3945 89TH RD S
I; ,M;;" 'lYJeNl!"""IA,~ """'\,1
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-18-00-000-7110
Subdivision:
Official Records Book: 04009 Page: 0241 Sale Date: Mar-1983
Legal Description: 18-45-43, N 110 FT OF S 220 FT OF E 90 FT OF W 339 FT OF SW 1/4
OF SW 1/4
Owner Information
Name: ZDUNIAK LAURA K
I, ,~na~ ,1
,i"~'''''-~-'''' .'" -b~1"W~j,t
Mailing Address: 3945 89TH RD S
BOYNTON BEACH FL 33436 2401
Sales Information
Sales Date Book/ Page
Mar-1983 04009/0241
Feb-1977 02637/1034
Price SClleType Owner
$60,000 WARRANTY DEED ZDUNIAK LAURA K
$6,900 WARRANTY DEED
o::xemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
ssesse an axa e a ues
Tax Year: 2006 2005 2004
Assessed Value: $113,662 5110 351 $107,137 ~-8II,,~11 )
Exemption Amount: $25 000 525 000 $25,000 ..-".- "'''''''-'~'H~~ilii'
Taxable Value: $88 662 $85,351 $82,137
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code: 0100
A
d
dT
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
Tax Year 2006
Number of Units: 1
*Total Square Feet: 2047
Acres: 0.23
Description: RESIDENTIAL
* in residential properties may indicate living area.
bl V I
2006
1618
$297
$1915
lh""':r.sx Co~~tor"' J
["."" ,BI.tt!I!''''h',J
,.-_.'~ ^.... .....~. ." ,"" .. '.w_ <-..... ... --"-~{j]iJ~}
TE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
4~"l f A
http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=0043451800000711 O&geonav=." 7/26/2007
Page I of 1
Gary R. Nikolits,CF A
Palm Beach County Property Appraiser
Property Mapping System
,
7'Z4G n;w 717{} 17161
!
lJ.6OO -
\HI7i!
00000
-0000
001&
0070
002ll
71&1
oo::w ;}(I20 -0000
7100
{)II!40 00S<l
7300
OO<W
OO,>;}
oow
7S2{1o 734ll
0071 0700 002i!
7\l7(} 7 00lI
07::>il 001l!
Owner Information
peN: 00434518000007110
'I\~R'I,ta~lWfA
Name: ZDUNIAK LAURA K
location: 3945 89TH RD 5
Mailing: 3945 89TH RD 5
BOYNTON BEACH FL 33436
2401
Appraisal Value
Market Value:
Assessed Value:
Exempt Amnt:
Taxable:
Tax Value
Ad Valorem:
Non ad valorem:
Total:
Sales Information
Sales Date
Mar-1983
Jan-1980
Feb-1977
- ~-T-"-----r"-"-~-;---~-r----Tm_-'---r-'-"-"---"'--i
I I ! I I I i
OO,>;} !ooa!lloo3<l1OO2illoolil \ 0000 I
I' I f I I ! I
I ' I ! I i
__.J,.__.,_...__L.___---"._.-~_~___.i.,,_.._L____ I
Price
$60,00
$11,50
6 900
001&
0041
n-D-71
0111
-'-r. --T-~--"----''--. .- '.
!00S<l ~. loow ~ I OOHI!::=l
! I r~ul ~i
-ll431
ll4{!1 (}:;;{il lK>S 1
Legend
C=:J Parcel Bomdary
~ Lot nUnDef"
Palm Beach County Property Map
Map Scale 1:235 J
Map produced on 7'26/2007 from PAPA
httpl:www.pbcgov com/papa
L OWe.. if"#>. A6yJ
http:// gisweb .co. palm-beach. f1, us/ipapagis/presentationlmapping/printnew,asp?MAPURL=http:1 1 gisweb,c.., 7/26/2007
Struct.ural Detail
Page 1 at ]
i d~ . I'~:~;:-~~;""~ ' :Propedy Appraiser'!; Public Access S'(sIBm
"~~h~ ;~~ ~ ~fi> I ,'tf ~ 7";~ *:":: ~~ '~;:. ~~ '" _ ,~ ~ . ~ ~
, 4, ! " ~. ii'" ," I r,' . , I'
1;,(: ",~~/ji_it;" '1 'i #: " "_ ,~I :) ~~ 'oY~ ~ - - t.
t ~~'D~w.j,W,:."': . "" ;.;,0,;/$, ~1'
'4 Horne W ,,\#1 ~:}r.$!:,;.::~"" w """
Nner Name: ZDUNIAK LAURA K
PCN Number: 00-43-45-18-00-000-7110
Building Structural Data and Drawing are for the Current Tax Roll.
BUILDING 1
Structural Element for Building 1
-::xtra Feature
.scription
No Extra Feature Available
Detailed Land Information
Land Line # Description Acres
1. SFR 0
1. Exterior Wall 1
2. Year Built
3. Air Condition Desc.
4. Heat Type
5. Heat Fuel
6. Bed Rooms
7. Full Baths
8. Half Baths
9. Exterior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Wall 1
13. Interior Wall 2
14. Floor Type 1
15. Floor Type 2
16. Stories
ABOVE A V
1984
HTG & AC
FORCED AIR DUCT
ELECTRIC
3
2
o
N/A
GABLE/HIP
ASPH/COMP. SHG.
DRYWALL
N/A
CERAM/QARY TILE
N/A
.2
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 1512
FSP FINISHED
2. SCREENED PORCH 64
3. FST FINISHED STORAGE 72
FUS FINISHED UPPER 399
4. STORY
Total Square Footage: 2047
Total Area Under Air: 1911
li\>li;&i~"'41k0::11
Year Built
Units
laea.im;....Il'ki!i\ Idi~2ii~-1~1.'\fii~1 1~0il"'#A~.it;\~'Iii&..iiii*il
Record S~arch I Exemption E~Filc I Information I Excmption;; I commJJillty I Employment I Ncw Hom" BUYer I Qfflqi kocations
Va.lue AO]tJstmentBQard I SavcQwrHomc;; I Senior Corner I Disclaimer
Hom.e I kinks I Glossary I FAQ I Forms I COntact Us I PAPA
@ 2007 Palm Beach County Property Appraiser,
http://www.co.palm-beach.f1.us/papalaspx/web/detail_inf02.aspx?p _ entity=004345180000071l O&Owner... 7/26/2007
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.8.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
~ August 21, 2007 August 6, 2007 (Noon.) 0
0 September 4, 2007 August 20,2007 (Noon) 0
0 September 18, 2007 September 3,2007 (Noon) 0
0 October 2, 2007 September 17,2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
October 16, 2007
October 1, 2007 (Noon
November 7, 2007
December 4, 2007
October 15,2007 (Noon)
Q
-.J
November 5, 2007 (NOOlJb.
c::
Ci')
November 19, 2007 (Noll1)
N
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
~ Consent Agenda
o Code Compliance & Legal Settlements
o Public Hearing
o City Manager's Report
o New Business
o Legal
o Unfinished Business
o
."
::l::
(J
n=1
::;-<
-<0
0-"
.co
. '1 Cl
::::2-<
,...~z
(./)-i
Cl
\:::J;z:
-"
..,.,tD
- ",
e->:>
"'e->
::::
November 20, 2007
en
o
RECOMMENDATION: Approve Agreement for Mitigation of Roadway Improvements between the City of
Boynton Beach, Florida and Boynton Industrial, LLC.,
EXPLANATION:
The City Commission approved a site plan for an approximately 133,911 sq ft of warehouse/light industrial "flex-space"
project on property zoned M-l Light Industrial located at 514-518 West Ocean Avenue along 1-95, Access to the approved
project will be along existing streets which run through the residential neighborhoods to the west of the project. Those .roads
represent the only currently existing access points to the property. One of the conditions of approval required the Developer to
fund off-site roadway improvements. The cost of those improvements is $115,000.00. The Developer tendered the
$115,000.00 on June 15,2007. The City has not deposited the check.
Based on concerns of residents of the residential neighborhood, the City Commission is exploring alternative, but currently
non-existing, access to the project. The Commission has recently indicated it will allocate funds in next years CIP budget for a
portion of the cost of alternative access to the property. Total costs could well exceed the amount the Commission indicated it
is allocating,
This Agreement acknowledges the Developer's right to proceed with development of the proposed project without regard to
the City's use of the $115,000.00 for either necessary improvements to existing roads or construction of alternate access. It
also describes the City's obligations with respect to the construction of an alternate access route,
PROGRAM IMPACT: Whatever the ultimate costs associated with roadway improvements in the vicinity of the project,
the $115,000,00 represents an offset~hose costs.
Q (.,S-ri' ~
FISCAL IMPACT: $~ has been allocated in the proposed Capital Improvement Plan for Fiscal Year 2007/08 to
study, design and construct alternate access to the project.
ALTERNATIVES: Do not approve the agreement and instead deposit the Developer's $115,000,00 check to fund
roadway improvements to offset the impact of the Ocean 95 project on access roads to the project
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
-~ <: -=--- ,. ..... .:
,_,,7)./ 0
Department Head's SIgnature
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FJRM
.~
~, ~
City Manager's Signature
/1
(
Assistant to City Manager__ ~
. \ / ;:-/ 7 ,TL'"
! I _ I .~ .
Dep!rtment Name
{
/(,' /~" /:
,/
/
City Attorney Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R07-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE
5 MAYOR AND CITY CLERK TO EXECUTE AN
6 AGREEMENT FOR MITIGATION OF ROADWAY
7 IMPROVEMENTS BETWEEN THE CITY OF BOYNTON
8 BEACH AND BOYNTON INDUSTRIAL LLC., TO
9 ACKNOWLEDGE THE PARTIES' RIGHTS AND
10 OBLIGATIONS WITH RESPECT TO CONSTRUCTION
11 OF THE NORTHERN ACCESS ROUTE AND THE
12 PROPOSED PROJECT; AND PROVIDING FOR AN
13 EFFECTIVE DATE.
14
15 WHEREAS, on October 17, 2006, the City Commission approved the proposed
16 project with a designated truck access to the project along West Ocean Drive; and
17 II WHEREAS, the City Commission reconsidered their approval and on January 2,
18 12007, fe-approved the proposed proj eel and reinstated Developer's Development Order
19 II without change to the Designated Truck Route; and
20 WHEREAS, the Agreement will acknowledge Developer's right to proceed with
21 Ideve10pment of the proposed project without regard to the City's plans to construct the
22 necessary roadway improvements to the Designated Truck Route or the Northern Access
23 Route and sets forth the City's obligations with respect to the construction of the Northern
24 Access Route; and
25 WHEREAS, the City Commission upon recommendation of staff, deems it
26 appropriate to approve and authorize the Mayor and City Clerk to enter into the Agreement for
27 Mitigation of Roadway Improvements between the City of Boynton Beach and Boynton
28 Industrial LLC.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA \RESO\Agreements\Ocean 95 Mitigation of Roadway.doc
5
6
7
8
9
10
11
12
13
14
15 II
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confinned as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4
Section 2.
The City Commission of the City of Boynton Beach, Florida does
hereby approve and authorize the Mayor and City Clerk to enter into the Agreement for
Mitigation of Roadway Improvements between the City of Boynton Beach and Boynton
Industrial LLC, a copy of which is attached hereto and made a part hereof as Exhibit "A".
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of August, 2007,
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet Prainito, City Clerk
(Corporate Seal)
S:\CA\RESOAgreements\Ocean 95 Mitigation of Roadway.doc
AGREEMENT FOR MITIGATION OF ROADWAY
IMPROVEMENTS
THIS AGREEMENT for Mitigation of Roadway Improvements ("Agreement")
is made as of this day of , 2007, by and between THE CITY OF
BOYNTON BEACH, FLORIDA, a Florida municipal corporation (the "City"), and
BOYNTON INDUSTRIAL LLC, a Florida limited liability company (the "Developer").
WHEREAS, the Developer submitted an application to the City for approval of
plans to construct approximately 133,911 square feet of warehouse/light industrial "flex-
space" on certain property within the City's M-l Light Industrial zoning district (the
"Proposed Project"). The property is located south of the east end of West Ocean
Avenue and situated between the C.S.X. Railroad tracks and right-of-way for Interstate
95 (the "Project Site"). The address of the Project Site is 514-518 West Ocean Avenue,
Boynton Beach, Florida.
WHEREAS, the City has determined that the Proposed Project is consistent with
the City's Comprehensive Plan and Land Development Regulations;
WHEREAS, at a duly called public hearing on October 17, 2006, the City
Commission approved the Proposed Project with a designated truck access to the Project
Site along West Ocean Drive, as shown on Exhibit A (the "Designated Truck Route"),
and granted a Development Order in favor of the Developer;
WHEREAS, the City Commission subsequently voted to reconsider approval of
the Proposed Project and to explore options for alternative truck routes;
WHEREAS, at a duly called public meeting on January 2, 2007, the City
Commission re-approved the Proposed Project and reinstated the Developer's
Development Order without change to the Designated Truck Route;
WHEREAS, as a condition of approval, the Developer has agreed to pay funds to
the City for certain off-site roadway improvements to the Designated Truck Route;
WHEREAS, subsequent to the approval of the site plan, and in response to
concerns of residential property owners to the west of the project, the City Commission
agreed to explore alternate access routes to the property. The City Commission approved
an expenditure of $750,000.00 in its capital improvement program for 2007-2008 capital
improvement project budget to study, design and construct alternate access to the
property;
WHEREAS, the City has agreed that it shall be responsible for all costs and other
obligations associated with the construction alternate access, including the acquisition of
all necessary rights-of-way, except as provided in this Agreement, and that the
Developer's plans to proceed with construction of the Proposed Project shall not be
dependent upon the City's ability to implement alternate access;
WHEREAS, the Developer has agreed that the alternate access shall serve as the
replacement designated truck route for the Proposed Project if and when the City
constructs new roadway(s), but until such time as the Alternate access is completed, the
Designated Truck Route shall continue to be utilized as such;
WHEREAS, the City has agreed to enter this Agreement with the Developer and
authorized and directed its execution by the appropriate officials of the City; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereby agree as follows:
ARTICLE 1:
PURPOSE OF AGREEMENT AND COOPERATION OF PARTIES.
1.01. Purpose of Agreement. The purpose of this Agreement is to
acknowledge the Developer's right to proceed with development of the Proposed Project
without regard to the City's plans to construct the necessary roadway improvements to
the Designated Truck Route or alternate access roadways. The Agreement also sets forth
the City's obligations with respect to the construction of alternate access and provides
that the Developer shall not be required to pay funds or otherwise participate in the
construction of alternate access except as explicitly provided herein.
1.02. Cooperation of the Parties. The City and the Developer recognize that
the successful development of the Proposed Project and each component thereof is
dependent upon the continued cooperation of the City and the Developer, and each agrees
that it shall act in a reasonable manner hereunder, provide the other party with complete
and updated information from time to time, with respect to the conditions such party is
responsible for satisfying hereunder and make its good faith reasonable efforts to ensure
that such cooperation is continuous, the purposes of this Agreement are carried out to the
full extent contemplated hereby.
ARTICLE 2:
CITY'S OBLIGATIONS
2.01. Timely Completion of Roadway Improvements. The City recognizes
the importance of the timely completion of the Proposed Project, and time is deemed to
be of the essence. The City considers this Agreement as overall authority for the
Developer to proceed to obtain all required permits and certificates of occupancy, and
agrees to cooperate with an expeditious permitting and inspection program for the
Proposed Project. The City agrees to use its best efforts to complete either the necessary
roadway improvements to the Designated Truck Route or alternate access on or before
the date of issuance of the final certificate of occupancy for the Proposed Project but, the
Developer's right to obtain a certificate of occupancy for the Proposed Project shall not
be conditioned in any manner upon the City's completion of either the improvements to
the Designated Truck Route or alternate access.
2.02. Acquisition of Rights-of-Way for Alternate access. The City shall be
solely responsible for purchasing the required property and obtaining all rights-of-way
for the alternate access.
2.03. Construction of Alternate access. The City shall be solely responsible
for paying all costs associated with the design and construction of the alternate access.
2.04. Design Coordination. The City agrees to reasonably cooperate and
coordinate the design of the alternate access adjacent to the Project Site, such that the
design of the Alternate access integrates in a reasonable manner with the design of the
Proposed Project.
2.05. Construction Sequencing. The City shall construct right of way
improvements to the Designated Truck Route, or the Alternate access, as applicable, in a
manner and fashion which will not unreasonably restrict access to the Project Site on or
after the date the Developer commences construction of the Proposed Project.
2.06. Permits. The City will cooperate and coordinate with the Developer with
regard to all permit applications for the Proposed Project, including those to state
agencies, and will facilitate or expedite, to the greatest extent possible, the permit
approval process for the Proposed Project without regard to the design or construction of
the improvements to the Designated Truck Route or the Alternate access.
2.07. Use of Alternate access. In the event the City builds the Alternate access,
the City shall mark the Alternate access with appropriate signage as being the newly
designated truck route to the Project Site, but the Developer shall not be required to
enforce such use by vehicles accessing the Project Site.
2.08. City Covenants. The City shall not permit, commit, or suffer any waste
or impairment to the Project Site, nor shall the City request or recommend any rezoning
of the Project Site, or any part thereof, which will prevent or adversely affect the
development of the Proposed Project. The City will not enact or adopt or urge or
encourage the adoption of any ordinances, resolutions, rules regulations or orders or
approve or enter into any contracts or agreements, including issuing any bonds, notes, or
other forms of indebtedness, that will result in any provision of this Agreement to be in
violation thereof.
2.09. City Authority Preserved. The City's duties, obligations, or
responsibilities under any section of this Agreement shall not affect the City's right, duty,
obligation, authority and power to act in its governmental or regulatory capacity in
accordance with applicable laws, ordinances, codes or other building regulations.
Notwithstanding any other provision of this Agreement, any required permitting,
licensing or other regulatory approvals by the City shall be subject to the established
procedures and substantive requirements of the City with respect to review and
permitting of a project of a similar or comparable nature, size and scope. In no event shall
the City, due to any provision of this Agreement, be obligated to take any action
concerning regulatory approvals except through its established procedures and in
accordance with applicable provisions of law.
ARTICLE 3:
DEVELOPER'S OBLIGATIONS
3.01. Development of the Proposed Project. If the Developer elects to
proceed with developing the Proposed Project, the Proposed Project shall be built in
accordance with the plans and specifications approved by City Commission for the
"Ocean 95 Exchange Park," dated _ by (City File Number NWSP 06-020), as
such plans and specifications may be modified during the permitting process.
3.02. Developer's Share of Roadway Improvements. If the developer elects
to proceed with development of the Proposed Project, the Developer shall be responsible
for paying $115,000 to the City for off-site roadway improvements ("Developer's
Share"). If the developer elects to proceed with development of the Proposed Project,
payment of the Developer's Share shall be made to the City upon the City's
commencement of construction of the improvements to the Designated Truck Route, the
City's commencement of construction of the Alternate access, or at the time of the City's
issuance of a certification of occupancy to the Developer, whichever occurs first.
3.03 Supercedes Development Order. The Developer's obligations set forth
in Section 3.02 of this Agreement shall supercede and replace Item # 2, "Public Works ~
Traffic," on Exhibit "C," "Conditions of Approval," attached to the City's Development
Order for the Proposed Project.
ARTICLE 4:
DEFAULT; VENUE
4.01. Default. In the event the City or the Developer fails to perform or comply
with any material provision of this Agreement applicable to it, then the non-defaulting
party shall be entitled to initiate an action at law or equity seeking all remedies to which
it is lawfully entitled. The non-defaulting party's suspension of, or delay in, the
performance of its obligations while the other party is in default of its obligations
hereunder shall not be deemed to be an event of default.
4.02. Non Action on Failure to Observe Provisions of this Agreement. The
failure of the City or the Developer to promptly or continually insist upon strict
performance of any term, covenant, condition or provision of this Agreement, or any
exhibit hereto, or any other agreement, instrument or document of whatever form or
nature contemplated hereby shall not be deemed a waiver of any right or remedy that the
City or the Developer may have, and shall not be deemed a waiver of a subsequent
default or nonperformance of such term, covenant, condition or provision.
4.03. Venue; Submission to Jurisdiction.
(a) For purposes of any suit action, or other proceeding arising out of or
relating to this Agreement, the parties hereto acknowledge, consent to, and agree that
venue thereof is Palm Beach County, Florida.
(b) Each party to this Agreement hereby submits to the jurisdiction of the
State of Florida, Palm Beach County and any federal courts having jurisdiction, for the
purposes of any suit, action, or other proceeding arising out of or relating to this
Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise
that such action is brought in an inconvenient forum or that the venue of such action is
improper or that the subject matter thereof may not be enforced in or by such courts.
(c) If at any time during the term of this Agreement the Developer (or any of
its permitted successors and assigns) is not a resident of Florida and, to the extent
required by law, does not register with the State of Florida the identity and location
within the State of its registered agent for purposes of service of process and, otherwise
has no officer, employee or other agent available for service of process within the State of
Florida, the Developer hereby designates the Secretary of State, State of Florida, its agent
for the service of process in any court action between it and the City arising out of or
relating to this Agreement, and such service shall be made as provided by the laws of the
State of Florida for service upon a non-resident; provided, however, that at the time of
service on the Florida Secretary of State, a copy of such service shall be delivered to the
Developer at the address for notices as provided in Section 5.04.
4.04. Applicable Law and Construction. The laws of the State of Florida shall
govern the validity, performance and enforcement of this Agreement. This Agreement
has been negotiated by the City and the Developer and the Agreement, including, without
limitation, the Exhibits, shall not be deemed to have been prepared by the City or the
Developer, but by both equally.
ARTICLE 5:
MISCELLANEOUS
5.01. Assignments by Developer. The Developer may sell, convey, assign or
otherwise dispose of any or all of its right, title, interest and obligations in and to the
Proposed Project or the Project Site, or any part thereof, provided that, to the extent the
purchaser or assignee wishes to exercise the rights of the Developer under this
Agreement, such purchaser or assignee must assume the Developer's obligations under
and must agree to be bound by the terms of this Agreement. If the assignee of the
Developer's right, title, interest and obligations in and to the Project, or any part thereof
assumes all of the Developer's obligations hereunder for the Project, or that part subject
to such sale, conveyance, assignment or other disposition, then the Developer shall be
released from all such obligations hereunder which have been so assumed by the
assignee, and the City agrees to execute an instrument evidencing such release, which
shall be in recordable forn1.
5.02. Assignments by the City. The City shall have no right to assign its rights
under this Agreement to any person except upon the prior written consent of the
Developer.
5.03. Successors and Assigns. The terms herein contained shall bind and inure
to the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
5.04. Notices. All notices, demands, requests for approvals or other
communications given by either party to another shall be in writing, and shall be sent by
registered or certified mail, postage prepaid, return receipt requested or by courier
service, or by hand delivery to the office for each party indicated below and addressed as
follows:
To the Developer:
Edward Masi
Boynton Industrial LLC
565 East Hillsboro Boulevard
Deerfield Beach, Florida 33441
with copies to:
Charles L. Siemon, Esquire
Siemon & Larsen, P.A.
Mizner Park
433 Plaza Real
Suite 339
Boca Raton, Florida 33432
To the City:
City of Boynton Beach, Florida
P.O. Box 310
Boynton Beach, Florida 33425-0310
Attn: City Manager
with copies to:
James Cherof, Esquire
City Attorney
Goren CherofDoody & Ezrol, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308-4311
Notices given by courier service or by hand delivery shall be deemed received
upon delivery, and notices given by mail shall be deemed received on the third (3rd)
business day after mailing. Refusal or failure by any person to accept delivery of any
notice delivered to the office at the address indicated above (or as it may be changed)
shall be deemed to have been an effective delivery as provided in this Section. The
addresses to which notices are to be sent may be changed from time to time by written
notice delivered to the other parties. Until notice of change of address is received as to
any particular party hereto, all other parties may rely upon the last address given.
5.05. Complete Agreement. This Agreement, and all the terms and provisions
contained herein, including, without limitation, the Exhibits hereto, constitute the full and
complete agreement between the parties hereto to the date hereof, and supersedes and
controls over any and all prior agreements, understandings, representations,
correspondence and statements, whether written or oral. Any provision of this
Agreement shall be read and applied in pari materia with all other provisions hereof.
5.06. Amendment. This Agreement cannot be changed or revised except by
written amendment signed by all parties hereto.
5.07. Captions. The article and section headings and captions of this
Agreement and the table of contents preceding this Agreement are for convenience and
reference only and in no way define, limit, describe the scope or intent of this Agreement
or any part thereof, or in any way affect this Agreement or construe any article, section,
subsection, paragraph or provision hereof.
5.08. Exhibits. Each Exhibit referred to and attached to this Agreement is an
essential part of this Agreement. The Exhibits and any amendments or revisions thereto,
even if not physically attached hereto shall be treated as if they are part of this
Agreement.
5.09. Public Purpose. The parties acknowledge and agree that this Agreement
satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is
in the public interest, and is a proper exercise of the City's power and authority.
5.10. Effective Date. The Effective Date shall be the date as of which the last
party to this Agreement affixes that party's signature to this Agreement, which shall also
serve as the effective date for the City's Development Order for the Proposed Project.
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective
seals below.
[signature pages to follow]
CITY OF BOYNTON BEACH, FLORIDA
Attest:
By: Janet M. Prainito, CMC
City Clerk
By: Jerry Taylor, Mayor
Approved as to form:
By: James Cherof
City Attorney
State of Florida )
County of Palm Beach )
The foregoing instrument was acknowledged before me this day of
, 2007, by Jerry Taylor and Janet Prainito, Mayor and City Clerk,
respectively, for the City of Boynton Beach, Florida, on behalf of the City.
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
BOYNTON INDUSTRIAL LLC
Attest:
By:
By
Edward Masi
as Managing Member
Genesis Boynton Industrial LLC
Print Name
as Managing Member
Boynton Industrial LLC
State of Florida
County of Palm Beach
)
)
The foregoing instrument was acknowledged before me this day of
, 2007, by Edward Masi as Managing Member of Genesis Boynton
Industrial LLC, a Florida limited liability company, as Managing Member of Boynton
Industries LLC, a Florida limited liability company, who is personally known to me or
who produced as identification.
Signature of Notary Public
My Commission Expires:
Printed, typed or stamp
S:\CA\AGMTS\Ocean 95 revised Agreement-dean.doc
VI.-CONSENT AGENDA
ITEM D.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office
[ZJ August 21, 2007 August 6,2007 (Noon.) 0
0 September 4, 2007 August 20, 2007 (Noon) 0
0 September 18, 2007 September 3, 2007 (Noon) 0
0 October 2, 2007 September 17,2007 (Noon) D
NA TURE OF
AGENDA ITEM
D
D
[ZJ
o
D
Announcements/Presentati ons
Administrative
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
D
D
D
D
D
\..",,-
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
October 16,2007 October 1,2007 (Noon
November 7, 2007 October 15, 2007 (Noon)
November 20, 2007 November 5, 2007 (Noon)
December 4, 2007 November 19,2007 \NQon)
r...~
City Manager's Report_
New Business
Legal
Unfinished Business
RECOMMENDATION: Motion to approve the release ofa Performance Bond (# 1018459) for a Temporary Certificate of
Occupancy posted with Lexon Insurance Company in the amount of $2,538,100.00 for the project known as Monteverde at
Renaissance Commons.
EXPLANA TION: A Performance Bond in the amount of $2,538, I 00.00 was posted by Hovstone Properties Florida, L.L.c.
with Lexon Insurance Company for the completion of the permitted work for the project known as Monteverde at Renaissance
Commons on November 8, 2006. All work on this project was completed and the Certificate of Occupancy was issued on
June 27, 2007.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None
Development Department
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Assistant to City Manager
~
City Attorney I Finance
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I F I CAT E
o F
OCCUPANCY
Issue Date
6/27/07
Parcel Number
Property Address
08-43-45-17-17-001-1605
1605 RENAISSANCE COMMONS BLVD
BOYNTON BEACH FL 33426
Subdivision Name
Legal Description
Property Zoning
MONTEVERDE CONDOMINIUM BLDG 1
SURBURBAN MIXED USE
Owner .
HOVSTONE PROPERTIES FLA LLC
1275 NW 22ND AVE
BOYNTON BEACH FL 33426
Contractor
TOWN & COUNTRY BUILDERS INC
Application Number.
Description of Work
Construction Type .
05-00001745 000 000
MULTI-UNIT CONDOMINIUM
TYPE IV/UNPROTECTED
SPECIAL CONDITIONS
BUILDING #1 1605
BUILDING #2 1625
PARKING GARAGE &
RENAISSANCE COMMONS BLVD
RENAISSANCE COMMONS BLVD
CLUBHOUSE
IJ/~~
rding Official
Approved
VOID UNLESS SIGNED BY BUILDING OFFICIAL
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
EXHIBIT" A"
Page 1 of 1
Scire, Ruth
From: Hamerman, Sally [SHamerman@KHOV.COM]
Sent: Friday, July 13, 20073:37 PM
To: Scire, Ruth
Subject: Monteverde bond #1018459, dated 11/8/06 in the amount of $2,538,100.00
Ruth,
Thank you so much for calling me back. The above mentioned bond was purchased as security for the City of
Boynton Beach for a Temporary Certificate of Occupancy (TCO) for Monteverde. Now that a permanent CO is in
place, we would need the bond returned to us so we can have our bond company cancel same.
I look forward to hearing from you.
Thanks.
Sally
!/-, ;. ~ -"'J
'\,_,_ . /-1'-!' ii I.:, J ',I JI
Sally Hamerman
Executive Asst. to Stephen B. Liller
561-364-3293 Phone
561-364-7861 Fax
sh~ml;!rm~Jl@khQY.<:;9m
EXHIBIT "B"
7 /13/2007
EXHIBIT "N-3"
(LDR, Chap. 7, Art. I, Sec. 3.B.)
(LDK Chap. 7.5, Art. II, Sec. 7.)
Bond No. 1018459
PERFORMANCE BOND
For a Temporary Certificate of Occupancy - Phase 1
KNOW ALL MEN BY THESE PRESENTS:
That [we], Hovstone Properties Florida. L.L.C., hereinafter call PRINCIPAL. and Lexon
Insurance Company, a surety company authorized to do business in the State of Florida,
hereinafter referred to as SURETY, are held and firmly bound unto the City of Boynton Beach, a
political subdivision of the State of Florida, hereinafter called CITY, the full and just sum of
Two Million Five Hundred Thirty Eight Thousand One Hundred and 001100 U. S. Dollars
($2.538.100.00 ), lawful money of the United States of America, to be paid to the City of
Boynton Beach, to which payment will and truly be made, we bind ourselves, our heirs.
executors, administrators, successors and assigns, jointly and severally, firmly by these presents:
[WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the
recording of a certain subdivision plat known as Monteverde at Renaissance Commons, and such
recording is prior to completion of construction of the Required Improvements as prescribed by
the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6
respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the
REGULA TIONS, pertaining to said subdivision;] or
[WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the
construction of a certain project known as Monteverde at Renaissance Commons, and such
project shall construct and install the required public improvements to support the Project
pursuant to the terms of the Permit,] and
WHEREAS, PRINCIPAL has been issued that certain [ Permit] Number
051745 , hereinafter the PERMIT, for construction of said Required Improvements. a copy
of which is attached hereto and by reference made a part hereof; and
WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this
bond be executed.
NOW, THEREFORE, the conditions of this obligation are such that if the above bound
PRINCIP AL shall in all respects comply or cause others to comply with the terms and conditions
of said PERMIT, within the time specified, and shall in every respect fulfill [its] [his] [her] [their]
obligation thereunder and under the plans therein referred to, then this obligation to be void:
otherwise, it shall remain in full force and effect.
EXHIBIT "C"
Page I of 4 pages
Bond No. 1018459
The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the
initial amount stated above in accordance with the requirements of said REGULATIONS.
The SURETY UNCONDITIONALL Y COVENANTS AND AGREES that if the
PRINCIP AL fails to perform all or any part of the construction work required by said PERMIT
and REGULATIONS within the time specified, the SURETY, upon thirty (30) days written
notice from the CITY or its authorized agent or officer, of the default, to the PRINCIPAL or its
authorized agent or officer, will forthwith perform and complete the aforesaid construction work
and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs,
together with any damages either direct or consequential. Should the SURETY fail or refuse to
perform and complete the said improvements, CITY, in view of the public interest, health, safety
and welfare factors involved and the inducement in approving and filing the said plat, shall have
the right to resort to any and all legal remedies against the PRINCIPAL and/or SURETY, or both
at law and in equity including specifically the specific performance, to which the PRINCIPAL
and SURETY unconditionally agree.
The PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE
that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement
and receipt of bids, cause to be constructed the aforesaid improvements in case the PRINCIPAL
should fail or refuse to do so in accordance with the terms of said PERMIT. In the event CITY
should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and
severally liable hereunder to reimburse the CITY the total cost thereof, including but not limited
to, engineering, legal, and contingent costs, together with any damages, either direct or
consequential, which may be sustained on account of the failure of the :PRINCIPAL to carry out
and execute all the obligations for construction of Required Improvements pursuant to the
REGULATIONS and PERMIT.
IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 8th day of
November, 2006.
(CORPORATE SEAL)
Hovstone Properties Florida, L.L.C.
[a Delawcorporation, licensed to do business in
Florida]
BY:
ATT~; . \
~WtJ
Stephen B. Liller. Vice President
(Impressionable corporate seal)
Page 2 of 4 pages
EXHIBIT "C"
Bond No. 1018459
ADDRESS: 1275 Gatewav Blvd.
Boynton Beach, FL 33426
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
BEFORE ME personally appeared Timothy R. Kelly who is personally known to me, or
has produced as identification, and who executed the foregoing
instrument as President of Hovstone Properties Florida. L.L.C., a corporation, and severally
acknowledged to and before me that [he][ she] executed such instrument as such officer of said
corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said
corporation and that it was affixed to said instrument by due and regular corporate authority, and
that instrument is the free act and deed of said corporation.
WITNESS my hand and official seal this 8th day of November, 2006.
My commission expires: ~ Jl..~; ~.~
~U- ----..... Notary Public
-OR-
(Seal)
NOtARY P\V~l!.il'.5TATE OF rWC;::A
.: ~uzanne M. Serpico
t;:tlmmission #DD381308
.- : . -. lbiplres: DEC. 21, 2008
~Pll_ -a T~ ,ltf:letie Bonding Co., Inc.
(INDIVIDUAL PRINCIPAL)
WITNESS:
BY:
ADDRESS:
(SURETY SIGNATURE BLOCK)
1',
Lexon Insurance Company , SURETY
BY 041"'<;,( ~ .
Dawn L. Morgan, Its ttomey-m-fact
FL Lic. No. POl1322 (power of
attorney must be attached)
WITNESS:
Tracy Pisciotto
Page 3 of 4 pages
EXHIBIT "C"
Bond No. 1018459
ADDRESS: 1919 S. Highland Ave.. Bldg. A
Ste. 300
Lombard. IL 60148-4979
STATE OF ILLINOIS )
COUNTY OF DU PAGE)
BEFORE ME personally appeared Dawn L. Morgan who is personally known to me or
has produced power of attorney, as identification, and who executed the foregoing instrument,
and acknowledged before me that she executed said instrument for the purpose expressed
therein.
WITNESS my hand and official seal this 8th,.~'1 OfNove,m~
My commission expires: 11/2912008 /i 1P;L.-JU-C (i:~"'l..<../
, otary Pu~
(Seal)
"OFFICIAL SEAL"
BONNIE J. KRUSE
Notary Public, State of illinois
My Commission Expires 11/29/08
~........
Page 4 of 4 pages
EXHIBIT "C"
I
I
i
i
I
I
I
i
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office In I
Louisville, Kentucky, does hereby constitute and appoint:
POWER OF ATTORNEY
LX - 0 0 7 5" i
Lexon Insurance Company
Michael J. Scheer. James 1. Moore, Christine Woods, Irene Diaz,
Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A. Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Kotovsky
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for. and on its behalf as surety. any and all bonds. undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1 st day of July. 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $ 2,700,000.00, Two million seven hundred thousand
dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of
such documents by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the
regularly elected officers of the Company. Any Attorney-In-Fact, so appointed. may be removed for good cause and the authority so granted
may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue
to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President. and its
Corporate Seal to be affixed this 2nd day of July, 2003.
LEXON INSURANCE COMPANY
BY
G/~~__
David E. Campbell
President
ACKNOWLEDGEMENT
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument: that
he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
I-.----------~~ ..
"OFFICiAl SEAL"
LYDIA J. DEJONG
NOTARY PUBUC STATE OF IWNOIS
L~Y COMMI~ION EXPIRES-Y1212OO7
u{.L J b-y~
CERTIFICATE
Lydia J. Dejong
Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this
8th
Day of November ,20 06
~fJ ~_u__
Donald D. Buchanan
Secretary
EXHIBIT "C"
November 6, 2006
.
.r.;.'..;.
Q.IINCY JOHNSON
JONES MYOTT WILLIAMS
ARC HIT E C T S
.:"\"il'~
lit:
Timothy Large - Building Official
Building Department
City of Boynton Beach
1 00 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
ROBERT E. VAUGHN, JR., COO
RODOLFO C ACEVEDO, AlA
JAMES R. WilLIAMS. AlA
STEVEN E. MYOTT. ARCHITECT
RICHARD C. 10NES. AlA. NCARB
QlJ1NCY R. JOHNSON Ill. AlA. MIRM
Re:
Monteverde Phase I
Permit No: 051745
AAC002! 93/1B0001142
www.quincyjohnson.com
Dear Tim,
We have inspected the above-captioned building and find it is ready for a
Temporary Certificate of Occupancy (TCO) with the following uncompleted items:
1 st floor cabinets installed, tile complete, millwork complete M.E.P.trim in progress,
stucco 65% complete, paint 25%, roof tile complete, roof stucco stop complete.
Floor 90% complete, remainder of completion cost = $206,014.00
2nd floor cabinets installed millwork complete tile in progress painted stucco 65%
complete, paint 25%, roof tile complete and roof stucco stop complete.
Floor 88% complete, remainder of completion cost = $247,217.00
3rd floor millwork sound proofing and paint stucco 65% complete, paint 25% roof tile
complete, roof stucco stop complete.
Floor 85% complete, remainder of completion cost = $309,022.00
4th floor drywall sprayed, stucco 65% complete, paint 25%, rooftile complete, roof
stucco stop complete.
Floor 80% complete, remainder of completion cost = $412,029.00
5th floor drywall in progress, stucco 65% complete, paint 25%, roof tile complete, roof
stucco stop complete.
Floor 75% complete, remainder of completion cost = $515,036.00
6th floor frame inspection, stucco 65% complete, paint 25%, roof tile complete and roof
stucco stop complete.
Floor 70% complete, remainder of completion cost = $618,044.00
TOTAL
$2.307.362.00
110% of above number values for completion = $2,538,100.00
949 Clint M(
5560 Bee Ridge
EXHIBIT "D"
FAX 561 997 1610
I . FAX 941 377 5884
ARCHITECTURE
LAND PLANNING
INTFRJ0R nF~I(,N
Monteverde Phase I
Page 2
Thank you for your consideration in this matter.
Sincerely,
Quincy Johnson, Jones, Myott, Williams, Acevedo, Vaughn Architects, Inc.
./~. \.. :'" (U~. U
/t-,-! , ,If .,
/' r, V
_______~ I
James R. Williams, AIA
Principal
JW fcw
Q1JINCY JOHNSON. JONES, MYOTT WILlIAMS ACEVEDO VAUGHN .I\RCHITFCTS. INC
949 Clint Moore Road. Boca Raton, Florida 33487 . PHoNE 56] 9979997 . FI,X 56] 997 161D
5560 Bee Ridge Road, Suite DS . Sarasota, Florida 34233 . I'HO"JE 941 377 5R81 . ,c,,), 941 377 5R84
AAC002193/1BO()()1142 ' www.quincyjohnson.com
ARCI-!17FCIURE
I /1 r--; n I' LAN N ! N c-.
, N ' [R \ 0 [\ [) [- ~ 1 c; N
ALP
Search:
Choose search form
Links:
Go to ...
Document
Prev Chapter
Next Chapter
~Qn~n1s
Sync TOC
Framed Version
I Search j
http://www.amlegal.com/n
Page 1 of 4
Bovnton Beach. FL Code of Ordinances
PART III LAND DEVELOPMENT REGULATIONS *
CHAPTER 7 SURETY
ARTICL.E. I. IN.GENE.EAL
ARTICLE I. IN GENERAL
Sec. 1. Purpose.
This policy delineates specific criteria and prerequisites for
accepting surety by the city in conjunction with developer
agreements, contracts, development related improvements and any
other contractual obligations.
(Ord. No. 04-040, ~ 2, 6-15-04
Sec. 2. Applicability.
A. When required.
Wherever surety is required within the Boynton Beach Code of
Ordinances and/or Land Development Regulations it shall be
provided in the form and manner prescribed in Section 3 hereinafter.
The type of surety shall be determined by the administrator of the
code section involved, and shall be acceptable to the Boynton Beach
City Attorney. Required improvements shall include all those items
stipulated in Chapter 6, Article III ofthe LDR including restoration of
the lands disturbed by said improvements. Surety for required utility
system improvements shall be coordinated directly with the Utilities
Department, whether they will remain private or conveyed to the city
upon completion of their construction. It shall also include any off-
site areas disturbed to install any improvements required by the
project. Surety shall be required for improvements associated with all
planned developments, to wit, PCDs, PIDs, PUDs, etc.
B. Amount.
The amount of surety shall be equal to or greater than 110% of
the total obligation whether it be for restoration, abatement,
maintenance, guarantee, fees in lieu of land dedication, required
improvements or any other purpose.
C. Periodic reduction of surety.
From time to time during progress of the work the developer
may request a reduction in the dollar amount of the surety on the basis
of work completed, but in every case the remaining funds shall be
sufficient to cover 110% of the cost to complete the obligation. In the
EXHIBIT "E"
lentregulatio... 7/16/2007
ALP
http://www.amlegal.comlnx
Page 3 of 4
h. The name and street address of a designated agent
within the State of Florida for acceptance of process.
2. At the time of issuance of the letter of credit, and at all
times subsequent thereto and so long as the letter of credit is
enforceable, the issuing financial institution must have a minimum
"peer group" rating of fifty (50) in the latest Sheshunoff Quarterly
Listing or a minimum rating of one hundred twenty-five (125) in the
latest IDC Bank Financial Quarterly Listing. The city Finance
Department shall periodically verify this information.
3. At any time during the life of the letter of credit, should the
rating of the issuing financial institution fall below both of the
minimum ratings indicated in Section 2 above, or should the financial
institution merge with another financial institution or have a
conservator or receiver appointed to supervise or control the operation
of its business or become insolvent, the contractor/developer must,
within sixty (60) calendar days after notification by the city:
a. Replace the existing letter of credit with a replacement
letter of credit from a financial institution with either of the minimum
ratings as specified in Item 2 above; or
b. At the city's option, the letter of credit may be replaced
by other surety acceptable to the city in accordance with the city's
existing surety policies.
4. Failure to comply with this provision may result in any or
all of the following actions by the city:suspension ofthe
contractor/developer's right to pull building permits and schedule
inspections; issuance of a stop work order; and/or revocation of the
land development permit. These actions shall be in effect until a
satisfactory replacement surety is accepted by the city.
5. No letter of credit shall be deemed accepted by the city
until review and approval by the City Attorney's office for legal
sufficiency, and by the Finance Department for the bank's rating.
6. Original letters of credit shall be maintained by the finance
department and each shall be clearly identified as to the project or
contract for which it is issued.
7. Letters of credit accepted prior to approval of this article
shall continue through the current expiration date of the letter of credit
provided however, renewal of these existing letters of credit shall be
in accordance with this policy for accepting letters of credit.
8. The financial institution issuing any letter of credit must be
authorized to do business in the State of Florida and shall show proof
of same upon request of city statIo
EXHIBIT "E"
:ntregulatio... 7/16/2007
ALl.
Page 4 of 4
B. Cash, certified check, cashier's check. Completion of the
required improvements may be secured by cash deposited by the
developer with the city or in an account subject to the control of the
city in accordance with an agreement on such deposit or account. No
interest shall be earned on such deposit or account.
C. Performance or surety bond. Completion of the required
improvements may be secured by a performance or surety bond
obtained from a company acceptable to the city in accordance with the
city policy on performance bonds. It shall guarantee all work will be
completed in full accordance with the approved land development
permit.
D. Escrow (Agreement) deposit. An executed escrow agreement
between the developer, a bank approved by the city and the city as the
third party beneficiary may be established for this surety. The escrow
agreement shall require that release of the funds, or any part thereof,
shall be subject to city approval. The agreement shall be in
accordance with the city policy on such escrow agreements.
E. The Finance Department shall maintain an index of all surety,
indicating at a minimum, the project name, the amount of surety, then
names and contact information for all obligees of the surety, the date
posted, the date reduced and the date released.
(Am. Ord. 98-08, 9 I, 2-2-98~ Ord. No. 02-033, S 4, 8-20-02; Ord.
No. 03-018, SS 1-3,6-3-03; Ord. No. 04-040, S 2, 6-15-04)
Disclaimer:
This Code of Ordinances and/or any other documents that appear on this srte may not reflect
the most current legislation adopted by the Municipality. American Legal Publishing Corporation
provides these documents for informational purposes only. These documents should not be
relied upon as the definitive authority for local legislation. Additionally. the fonnatting and
pagination of the posted documents varies from the formatting and pagination of the offiCial
copy. The official printed copy of a Code of Ordinances should be consulled prior to any action
being taken.
For further information regarding the official version of any of thiS Code of Ordinances or other
documents posted on this site. please contact the Municipality directly or contact American
Legal Publishing toll-free at 800-445-5588.
@ 2007 American Legal Publishing Corporation
techs upoort@amlegal.com
1800.445.5588.
EXHIBIT "'E"
http://www.amlegal.com/nxt/gateway .dll/Floridalboyntonlpartiiilanddevelopmentregulatio... 7/16/2007
l..L I
Search:
Choose search form
Links:
Go to '"
Document
Prey Chapter
J'.J".~xlCbJ!I2~r
Cpu1Ynts
Svnc TOC
Framed Version
I Search
Page I of 15
Sav"le" Beach. FL Cede of Ordinances
PART III LAND DEVELOPMENT REQULATI.0NS*
CHAPTER 7.5 ENVIRONMENTAL REGULATION
ARTICLE.II, Lf\NI:LSJ::;APE COQ.E
ARTICLE II. LANDSCAPE
CODE
Section 1. Short title.
This article shall be known and may be cited as the "Boynton
Beach Landscape Code."
(Ord. No. 00-51, S 2, 10-4-00)
Section 2. Declaration of purpose and intent.
It is the purpose and intent of this article to improve the appearance
of certain setback and yard areas including off-street vehicular
parking and open-lot sales and service areas in Boynton Beach; to
protect and preserve the appearance, character and value of the
surrounding neighborhoods and to preserve energy and thereby
promote the general welfare by providing for installation and
maintenance of landscaping for screening and elimination of visual
pollution, and where possible that the landscaping to be provided as a
result of this article be constructed in a manner which will reduce the
demand for energy currently and in the future, since the City
Commission finds that the peculiar characteristics and qualities of
Boynton Beach justify regulations to perpetuate the appeal of its
natural visual pollution free environment.
(Ord. No. 00-51, S 2, 10-4-00)
Section 3. Construction of language and definitions.
A. Rules for construction of language. The following rules of
construction shall apply to the text ofthis article.
1. The particular shall control the general.
2. In case of any differences of meaning or implication
between the text ofthis code and any caption, illustration, summary
table or illustrative table, the text shall control.
3. The word "shall" is always mandatory and not
EXHIBIT 'IF"
http://www.amlegal.com/nxt/gateway .dlJl Flondalboynton/part1l11anddevelopmentregulatio... 7/16/2007
ALP
http://www.am1egal.com/nx _
Page 11 of 15
per linear foot oflake;
3. To consist of a minimum of 1 native tree per 50 feet of
linear lake frontage;
4. All vegetation installed contiguous, at a minimum 3: 1
bank slope, 100% appropriate native vegetation, installed with proper
spacing for full coverage of littoral shelf areas. All littoral and upland
plantings established consistent with these standards shall be
maintained in accordance with a management plan approved by the
city at the time of site plan approval or permitting.
S. Landscaping within easements. Consistent with Chapter 7.5,
Article I, Section 18.1, tree species placed within utility easements
shall be limited to palm trees. Canopy trees shall be planted outside
of easements so that roots and branches do not impact existing utilities
unless approved by the Utilities Director and consistent with planting
guidelines of Florida Power & Light Utility.
(Ord. No. 96-57, ~ 2, 1-21-97; Ord. No. 00-51, ~ 2,10-4-00; Ord. No.
03-018, ~g 1-3,6-3-03)
Section 6. Landscape plan approval.
Except for single-family dwellings, prior to the issuance of any
building permit or certificate of occupancy, under the provisions of
this article and the Boynton Beach Building Code, except for minor
modifications a landscape plan shall be submitted to and approved by
the planning and development board. The landscape plan shall be
drawn to scale, including dimensions and distances, and delineate the
existing and proposed parking spaces or other vehicular use areas,
access, aisles, drive-ways, sprinklers or water outlet locations, and the
location, size and description of all other landscape materials, the
location and size of building if any to be served, and shall designate
by name and locating the plant material to be installed or, if existing,
to be used in accordance with the requirements hereof. There shall be
an application fee as adopted by resolution of the City Commission
for landscape plan approval. No landscape permit, building permit or
certificate of occupancy shall be issued for such building or paving
unless such landscape plot plan complies with the provisions herein.
No landscaping shall be installed without a landscape permit. All
inspections to determine compliance with the approved site plan shall
be conducted by the development department.
(Ord. No. 00-51, ~ 2, 10-4-00)
Section 7. Performance surety.
In the event that the landscaping requirements of this article have
not been met at the time that certificate of occupancy could otherwise
EXHIBIT "'F"
ntregulatio... 7/16/2007
ALP
http://www.amlegal.com/nx
Page 12 of I 5
have been granted, and said permit or certificate is requested by the
developer, the city may enter into an agreement approved by the city'
attorney with the owner or his agent that the provisions and
requirements of this article will be complied with. In that case the
owner or his agent shall post a performance bond or other city-
approved surety in an amount equal to one hundred and ten (110) per
cent of the costs of materials, labor and other attendant costs
incidental to the installation of the required landscaping based upon
an estimate provided by a qualified landscaping contractor. The
surety shall:
A. Name the City Commission as beneficiary.
B. Be in a form satisfactory and acceptable to the city attorney
and the finance director.
C. Specify the time for the completion of the landscaping
requirements of this article as determined by the city manager.
(Ord. No. 00-51, 9 2, 10-4-00; Ord. No. 02-033, 9 4, 8-20-02)
Section 8. Applicability of landscape ordinance and other
regulations.
A. This article shall apply concurrently and in direct relation to
the requirements and regulations of the zoning code of Boynton
Beach. These regulations apply to new construction, major
modifications to existing sites, and newly landscaped areas where
compliance with regulations does not decrease conformance with
parking regulations. These regulations shall apply to all zoning
districts except planned zoning districts, and as noted herein except
for detached single-family homes or duplexes.
B. Landscaping within PUD, PCD and PID Zoning Districts.
Planned zoning districts are intended to allow for flexibility in
required landscaping but shall meet the intent of these regulations
regarding perimeter, entrance, signage and building landscaping: lake
plantings; planting specifications and methods; and signature trees.
(Ord. No. 00-51, 9 2,10-4-00)
Section 9. Administration and interpretation of code
regulations and provisions.
A. The interpretation and application of the regulations and
provisions of this code by the development department shall be
reasonable and uniformly applied to all property within the
jurisdiction of Boynton Beach.
B. The regulations and provisions of this code shall be held to be
EXHIBIT "F"
ntregulatio... 7/1 6/2007
Sl""...,.' 0 ......
.v.. .~'-" ,.
} /'. . - .- ,
f . c- '-.
I - - ,
tJ;\ p::
0\ . /1.1
, J- 1;:'):0 --:i:, <V""
VI.-CONSENT AGENDA
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Comrnission Date Final Form Must be Turned Requested City Comrnission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
[ZJ August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon
D Septernber 4, 2007 August 20, 2007 ONoon) D Novernber 7, 2007 October 15, 2007 (Noon)
D Septernber 18, 2007 September 3, 2007 (Noon) D Novernber 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17,2007 ONoon) D Decernber 4, 2007 November 19,2007 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM [ZJ Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfmished Business
D Public Hearing D
RECOMMENDATION: Motion to approve the release ofa Performance Bond (#LSI0022230 posted by Guarantee
Company of North America USA) in the amount of $203,588 (Two Hundred Three Thousand Five Hundred Eighty Eight
Dollars and 00/100 Cents) and a Performance Bond (#1010065 posted by Lexon Insurance Company) in the amount of
$192,962.00 (One Hundred Ninety Two Thousand Nine Hundred Sixty Two Dollars and 00/100 Cents).
EXPLANATION: These sureties were posted by D.R. Horton Inc. in connection with Palmyra Phase II, permit # 04-5036.
All work on this project was completed and accepted by the City on 03/03/06. The warranty period expired 03/03/07, with no
outstanding items requiring correction. See attached items for a copy of the request for release of bond, copy of the
performance bonds for this project, and Application Inquiry documenting date of acceptance of work.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERN~TIVES: N/A '\
/./ r /d'/ . \ ( . J
< ".' " . I, -+c .
I / \,. I~t 1.(, I \", iLl' . ~f l.
')i).;,:4 () 7 Departme;t H~d's.S.i~~:~re
: i
Public W orks/Engi~ering Division
;IL~
City Manager's Signature
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
D.R.H:OHIDN @
Amer~~
CHI
._--~.
NYSE
BOND RETURN REQUEST - PALMYRA PHASE II
City of Boynton Beach - Engineering Dept.
Borward County, Florida
To Whom It May Concern:
By form of this notice, DR Horton Inc. hereby respectfully request the release and return of the following
surety instruments which since emplacement have been held by the City of Boynton Beach Florida pursuant
to our construction obligations for Palmyra Phase II. The bonds referenced hereinto are LS10022230
issued by the Willis Company on 2/7/05 and 1010065 issued on.8/30104 by Lexon Insurance Company.
Please return the original bond instruments to my attention at the address listed below on this page.
Sincerely,
~
~regory J. e ibon
Land Development Project Manager
DR Horton Inc. - 1245 S. Military Trail, Suite 100 - Deerfield Beach, FL 33442
Bond No. LS10022230
E!XHIBl7 1'N_3u
(LDR. Chap. 7~ Art. I, Sec. .3.13.)
(LI)R., Chap. 7.S, Art.. II. Sec. 7,)
PERFORMANCE BOND
KNOW ALL:MEN BY THESE PRBSBNTS:
That [I] [wc].D.R. Horton, Inc. . beminafl:er ~a1l
PRlNCIPAL. and The Guarantee Comoanv of North America USA. a surety company aU1horizcd to do
business in tht; State or Florida, hc:rc:ina1kr :referred to u SURETY. arc h.,ld and firmly bound
UISto tho CityofBo)'Qton JUan" a DQlifitl-ll1 .u.bdi~.I^" of tho State ofFlorlda. heroina.fter called
. -~o rl~narecrTni-ee TFlousaria'1!iVe
em. the t\sl1 andJUBt sum OfHundl'P.d Eiohlv Eiahl Dollars and 00/100 U. S. Dollin (S203.588.0~,
lawful money ottbe Urdted States of Ameri.c8. to be paid. to the City of BoyntOn Beach, to whic:h
payment wW md. tmly be made, wo biD4 ounelves, 0\11' hon, oxecuton. administratots,
StlCCI:AOtI and ~iPl,jointly IU1d lovera11y~ firmly by these pn:scmtt:
[WHBRBAS~ the above bolmd. PRlNCIP AL has received a.1'Pro\'al from the CITY for thl:
~rdiDgora.certainsubdivisioup1atknown . Palmyra Estates PUD . m4 Rc:bF
recording it prior to completion of construction of the Required ImProvemeo.l8 BS' p~bed by
tho Subdivision. Platting and Requ1recl ImplCVettli!ftts hgWaticm,s. Chapters 2.5. 5 and 6
respectively of the Land Development R.eauIatious oftb.c City of Boynton Beach, hereinafter the
REGULA nONS, pertaining to said subdivision;] 2I
[WHBRB.AS. tho Wov. bound PRlNCIPAL has received approval from the CITY for the
coastrUCtion of a. certain project known as Excavation & Fill . and such pl'Ojact
shall construct aDd. iDataU the required public improvements to B11l'port the Project pursuant to the
tenns of tho Permit,l and
WHEREAS, PRINCIP AI. baa been iuued that certain r
PcmUt] [Land Developmoat Pennlt] Numbar Q.4"'So3 6. her8ina.ftcr the PERMlT. for
constructlon or said J.equfred. fmprovcments, a. gopy of wbi\ill iI ~ hereto md by referenc~
made a part hereof. II2d
WHEREAS. k was one otthc conditions ot sald Rl!OULATlONS rw1 PltRMIT thl10t this
bond be executed.
NOW, TIIEREFORB, the conditions of' this obligation are such that it the 2hov. bound
PRINClP AL shall in all respects comply or oause others to oomply with the terma and C0114itioN
of said PERMIT, witb;n the time specified. and shall in fNery respect fb1fiJ1 [its][his][her][thei.r]
obliptiou thereunder and under the plans therein tefmed to, then this obligation to bet void:
otherwise, it aha11 remain in fW.1 force and effect.
Pip lot 4 plaes
\:N~cg~aw~@
FEB 0 9 2005
{~ORRECTEO FILE COpy
.,,,-,~.u _n..,.. P'\.t\It~ln~
The PRlN~IPAL and CITY lIfO' that'the City Bnginocr maY7 in wrltlnlt reduce the
initialln10unt stated above in ICCOMance with the requireutents of ufd RBGULA TIONS.
Thb SURETY UNCONDmON'A'tt Y COVENANTS AND AOREBS that if tho
PRlNCIP AL fill. to pcfonn aU or any part of the;ol1struction WO'1.'k required by said PBRMIT
aDd REGULATIONS witbin tha tima Specified. the SUllBTY, upon thi:rty; (30) days written
nouce from tho elTY or its authorized agent or 0&", of the default, to the PRINClP At or its
authorized agent or ofBcer, will forthwith per:fonn and complete the aforesaid coJ1StrUCt1on work
mc1 pay tho OQ. tho.rcof, including, but not limited to~ engineering, I.pl, and contingent COS~
together with.auy damage. lither direct or consequenUa1. Shoul4 the S'rJ'REr'l f'aU or refuse to
pedorm aud. oompl.. till aid im,ptovemen:tB~ CITY, .in. viIIW ofth= public intere$t, Maltb, safety
- wo1fa1'e factat'a involved md the induocmm1t in apptOvml aw1 :fi1i:Dg the said plat, shall have
the right 10 resort to my and. aU lcpl remedies &pfut the PIUNCIP AL and/or SURETY, or both
at law ami iu equity inc1udiai lp~caUy tba speclflc ~e, to which the PRINCIPAL
mcl. SURETY' tmcoudi\iona1ly agree.
1'110 PRINCIPAL AND SURETY FURTHER JOINTLY AND SBVERALL Y AGREE
tl1a1 the crrY. at its opti011, .ball haVe the tight to oonstruGt or, pursuant to publi~ adve.rtisemGt
and receipt of bids. cause to ba c~ U1c a.tbresaid bnprovements in case the PlUNCIP AL
should fail or roma, to do 10 fA ~ with the terms of said PER.MrI. m the tvent CITY
shouic1 cxereisc met live effect to su.ch rfiht. the PRINCIPAL and SU1UiT"Y sbaU be jointly aDd
sO'Ve'la.lly liabl. hereunder to ~ tbe ~ tho total cost thereof, ineiudla.l but not ~
10, CQiineerina. 1epl, au4 ~npat CGSbI. toseth<< with auy dataqes, elk direat or
~ wbich may bo SU$tained on account orb f'aiIunJot1hl:l PlUNCIPAL to can:y out
.aa4 ~ aU tl1e obllgatioma for <<mstruotion of Required ImproVen1f121tll pUlmJnt to the
R.BGtJLATIONS md PERMIT.
IN wrrNBSS WHBBBOF. the PRINCIPAL his executed these present! tbis1!!l.. day of
February . ~.
(CORPORATE SEAL)
D.R. Horton, Inc.
~~~orid&J
BY: ~
cotpOration.
""P.<:.\-V '- ~ tA..-.J <:> vV So IL ~ \It L-e" r;ze;;:. l.i)eI\ll
A~L
~, \Zc~
(Impreuiomhle eorporate Hal)
'q.Z~~ ~ U W ~ \Q)
FEB 0 9 2005
.. .. ""CiED FILE COpy
':'O:~l.OING DIVISION
ADDRESS~
STAIB OF t=~t..l if ~ )
COUNTYOF 'B~~~~\)_ )
BEPORBMBperaonaUyappearcd /?vI. 4'-'4.N""<-..JS'~1 'Rho is t'ersanally_
known to ~ or has prvduced IS fdentlttcatJoD, and who executed
tho ~aoiDaiDstrument u [Vice} Prea1dem arD.R. Horton. Inc. . a corporation. and
soverallya.cbowlcd.gcd to and beftq" me tha.t [b.o][shl] ex.cuted. such instrument as such officer
of said oorporaUon. rmd. that the seal aftIxecl to the fore,goini iusttument is the corpoxate seal of
said coxporation aud that it was afiixed to uid. i11strument by due and regular corporate authority,
and that Instrument it the fi'M w aM dttd Gt said corporation.
wmmss my hand and otlicial seal this 8-M day or 1.eJr. _ .zoos:
My comu:d.uion expires: s-;1~1 rJ-~o7 AC 1 J ~ At L
Notary Public
(Seal)
",...,.,"tP" 'I AlICE AlLEN
f.r'h.lii!f~ MY COMMISSION # DO 175863
~'~'1J EXPIRES: May 6,2007
"''t;;;o,;.,,~' Bonded Thru Notary Public Underwriters
"'ih'~'"
-OR-
(INDIVIDUAL PRINCIPAL)
W'tINESs:
BY~
ADDRESS~
{SURBTY SIGNATt.lRB BL
BY:
Kimberly A. Tavernier attomey..itt.ract
(power of attomeymtlSt be attached)
and FL Licensed Resident Agent
Denise Taylor
c/o WI/LLlS OF FLORIDA
3000 BAYPORT DRIVE. #300
TAMPA. FL 33607
Pa~c 3 01"4 pa~eil INQUIRIES: (813) 281-2095
\N~~~U~~\.Q)
FEB 0 9 2005
"'ORRECTED FILE copy
'" _..., I"\ltJt: nlvlSION
ADDRESS: c/o Willis of Florida 3000 Bavoort Dr. #300
Tampa, FL 33607
STATE OF
COUNI'Y OF
Florida
Hillsborouah
1
)
BBFOUMBpenonallyappelRd Kimberlv A. Tavernier who [is] [are)
persoaaUy.laaown to m. or [has](havo) produced oersonallv known to me [and t
respectively] Ii ldontLtlcadon, and who IXIOUted tho foTercb1a mltxument, and acknowledged
before me that [bc][shc][they] executed said mmumcn1 tor the pmposo expressed therein.
WITNESS my hand. md oaidal seal thia 7th
day of February .1QQ2..
My commission expires;
January 8, 2007
m~/lL:Ca. ~/
NoWy Publio
Margaret A. Ginem
(Seal)
OFFle - ---
MARGARET A. GINEM~
Notary Public State of Florida
Comm. # DO 176563 .
Comm. Exp. Jan. 8, 2007
Page 4:vi4 paglls
tD!~(g~~Wl5lQ)
FEB 0 9 2005
-CORRECTED FILE COpy
j.3UILDING DIVISION
tHE GUARANTEE COMPANY OF NORTH AMERICA USA
Grosse Pointe Farms, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing
under the laws of the State of Michigan, having its principal office in Grosse Pointe Farms, Michigan, does hereby constitute and appoint
David Carr, Anett Cardinale, Kimberly Tavernier, Denise Taylor
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal
office.
The Power of Attomey is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December,
2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
I. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given.
Further, this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly
called and held on the 3]" day of December 2003, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the
nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has
caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this
7th day of January, 2004.
THE GUARA"jt.L NORTII AMERICA USA
ST ATE OF MICHIGAN
County of Wayne
Jules R. Quenneville, President
On this 7th day of January, 2004 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly
sworn, said that he is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument
is the Corporate Seal of said Company; that the Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company.
Gail Trevor
Notary Public Macomb County, MI
Acting in Wayne County, Michigan
My Commission Expires
August 2, 2005
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North
America USA offices the day and year above written.
~~
I, Gail E. Latham, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and
effect.
IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 7th day of February
2005.
~~~
lD1 ~ cg ~ U~~~m,secretary
FEB 0 9 2005
CORRECTEO FII.E COpy
BUILDING DIVISION
, .
EXHIBIT "N-3"
(LD~ Chap. 7, Art. I, Sec. 3.B,)
(LD~ Chap, 7.5, Art. II, Sec. 7.)
PERFORMANCE BOND
Bond No. 1010065
KNOW ALL MEN BY THESE PRESENTS:
That [IJ [we], D.R. Horton, InC., called PRINQP AL, and Lexon
Insurance Co., a surety company authorized to do business in the State of Florida,
hereinafter referred to as SURETY, are held and firn1ly bound unto the Oty of Boynton
Beach, a political subdivision of the State of Florida, hereinafter called CITY, the full and
just sum of One Hundred Ninety Two Thousand Nine Hundred Sixty Two Dollars U.S,
Dollars ($192, 962.00) lawful money of the United States of America, to be paid to the
City of Boynton Beach, to which payment will and truly be made, we bind ourselves, or
heirs, e~ecutors, administrators, Successors and assigns, jointly and severally, firmly by
these ptesents:
[WHEREAS, the above bound PRINCIPAL has received approval from the CITY
for the recording of a certain subdivision know as PALMYRA PHASE II and such
recording is prior to completion of construction of the Required Improvements as
prescribed by the Subdivision, Platting and Required Improvements Regulations,
Chapters 2.5, 5 and 6 respectively of the Land Development Regulations of the aty of
Boynton Beach, hereinafter the REGULATIONS, pertaining to said subdivision;] Q!
[WHEREAS, the above bound PRINcrp AL has received approval from the CITY
for the construction of a certain project as PALMYRA PHASE II and such project shall
construct and install the requi1:ed public improvements to support the Project pursuant
to the terms of the Permit;] and
WHEREAS, PRINCIPAL has been issued that certain
Permit] [Land Development Permit] Number
. hereinafter the PERMIT, for constru.ction of said Required
Improvements, a copy of which is attached hereto and by reference made a part thereof;]
and
WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT
that this bond be executed.
NOW, THEREFORE, the conditions of this obligation are such that if the above
bound PRINCIPAL shall in all respects comply or cause others to comply with the terms
and conditions of said PERMIT, within the time specified, and shall in every respect
fulfill [itsJ [his] [her] [their] obligation thereunder and under the plans therein referred
to, then this obligation to be void; otherwise, it shall remain in full force and effect.
, .
The PRINCIPAL and CITY agree that the Oty Engineer may, in writing, reduce
the initial amount sta.ted above in accordance with the requirements of said
REGULATIONS.
The SURET):' UNCONDITIONALLY COVENANTS AND AGREES that if the
PRIeIP At fails to perform all or any part or the construction wotk required by said
PERMIT a.nd REGULATIONS within the time specified! the SURETY, upon thirty (30)
days written notice from the CITY or its authorized agent or officer, of the default, to the
PRINeIP AL or its authorized agent or officer! will forthwith perform and com.plete the
aforesaid construction work and pay the cost thereof, including, but not limited to!
engineering, legal, and contingent costs! together with any damages either direct or
consequential. Should the SURETY fail or refuse to perfonn and complete the said
improvements, CITY, in view of the public interest, health, safety and welfare factors
involved and the inducement in approving and filing the said plat, shall have the right
to resort to any and all legal remedies against the PRINCIPAL and/ or SURETY, or both
at law and in equity including specifically the specific performance, to which the
PRINCIP At and SURETY unconditionally agree.
The PR!NCIP AL AND SURETY FURTHER JOINn Y AND SEVERALLY AGREE
that the CITY, at its option, shall have the right to construct or, pursuant to public
advertisement and receipt of bids, cause to be constructed the aforesaid improvements
in case the PRINCIPAL should fail or refuse to do 80 in accordance with the terms of
said PERMIT. In the event OTY should exetcise and give effect to such right, the
PRINCIPAL and SURETY shall be jointly and severally heteunder to reimburse the
CITY the total cost th.e1:eof, including but not limited to, engineering, legal, and
contingent costs, together with any damages, either direct or consequential, which may
be sustained On account of the failure of the PRINCIP At to carry out and executes all
the obligations for construction of Required Improvements pursuant to the
REGULATIONS and PERMIT.
IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this ~h
day of Augusts'" , 2004.
(CORPORATE SEAL)
D.R. Horton, Inc.
[a Delaware Corporation, licensed to do
bus~OridaJ
By: \ '- ~
<;) ":7. \
,!.:)....- \'-<.>............. ""V'\l.( ,
A~~ jJ (L
,
~ If{ h i?oc", . ,,1"5 i <;;to ~ 1- s;,cI"e'k";y'
(Impressio;dble Corporate Seal)
STATEOF :P!C(I,J~ J
COUNTY OF .~ /;:;C b/
ADDRESS: 1192 E. Ne'^ZPort Center Drive, Suite 150
Deerfield Beach, FL 33442
" . ~ fqu I Ptf/l41aWY<; ,
BEFORE ME personally appeared .(Z-4 If/, Korq. who is
perso to me 0 roduced as
. entification, and who executed the foregoing instrum.ent as [Vice] President of
, a corporation! and severally acknowledged to and before me
that [he] [she] executed such instrument as such officer of said corporatio~ and that he
seal affixed to the foregoing instrument is the corporate seal of said corporation" and,
that it was affixed to said instrument by due and regular corporate authority and that
instrument is the free act and deed of said corporation.
2004.
WITNESS my hand and official seal this
jD
V2
day of
mlCjttsf.
u
My commission expires:
~
Notary Public
-OR-
~~ ~ Amy Hetzel
. ~ . My Commission oo21U06
\:.....'.1 Exltires May 21, 2007
(INDNIDUAL PRINCIPAL)
WITNESS;
BY;
ADDRESS:
(SURElY SIGNATURE BLOCK)
Dawn L. Morgan
Surety
WITNESS: W4!;a:J d .~ BY:
','
" .
POWER OF ATTORNEY
LX - 011 004'
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
.ouisville, Kentucky, does hereby constitute and appoint:
Michael J. Scheer, James 1. Moore, Christine Woods, Irene Diaz, Bonnie Kruse,
Stephen T. Kazmer, Dawn L. Morgan, Peggy Faust, Kelly A Jacobs, Elaine Marcus, Jennifer J. McComb, Melissa Schmidt
its true and lawfui Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1 st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,000,000.00, Two Million Dollars, which the Company might execute through
its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-in-Fact shall be as
binding upon the Company as if they had been duly executed and acknowledged by the regularly eiected officers of the Company. Any
Attorney-in-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of
Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 2nd day of July, 2003.
LEXON INSURANCE COMPANY
BY
r?/~~
,
David E. Campbell
President
ACKNOWLEDGEMENT
On this 2nd day of July, 2003, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and
say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument;
that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
------------
.OFFICIAl SEAL.
l VOlA J. DEJONG
NOTARY PUBUC STATE OF UINOIS
MY COMMISSION EXPIRES 1/12/2007
;{~ J bf~
CERTIFICATE
Lydia J. Dejong
Notary Public
I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the
original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Sealed at Lombard, Illinois this
30th
Dayof August
,20 04
~fJ~
Donald D. Buchanan
Secretary
.. ~ . ',. ~
STATE OF ILLINOIS }
}
COUNTY OF COOK }
On August 30,2004, before me, a Notary Public in and for said County and State,
residing therein, duly commissioned and sworn, personally appeared Stephen T. Kazmer,
known to me to be Attorney-in-Fact of Lexon Insurance Company, the corporation
described in and that executed the within and foregoing instrument, and known to me to
be the person who executed the said instrument in behalf of the said corporation, and he
duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year stated in this certificate above.
My Commission Expires March 29,2008
O~m>1 0( ~
Notary Public ,-
a:FICIAL SEAl.
OA~ L MCRGAN
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMttISSION EXPfB:03I8lI
~PUOUC SECTOR
HTE Navlltrle'
7> Applir.atlon 04-000[l5~:
III Bonds I
III Contractor eserow 1
III Fees I
iii Global ""'an,. du~
I!iIlnspectlon 1)18tOIV i
iii Miscellaneou:: info!
IilJ Names i
I!i.lI Permits I
~ Plan 1t3C~;lrlq ,
iii Receipts -
1iI Square Tootaae call
III Structures - i
III Valuation calculali~
i
{L...L....~__f!J
~ Print
.( Cancel
)( Exit
.;. Refresh
Land Inquiry
Documents
Property Information
Address: 7149 LAWREIIl:E RD
BOYNTON BEACH, FL 33436
30546
o R HORrON mc
OB-42- 45-12- 02- 009. 0020
Locatlon ID:
Owner name:
PCN:
Lot Numbe r:
::~~~~~j -~ ...
C3 COMM~ITY COMMERCI AL
Contractor Information
.P~'~,
Doc l'i.lObe r I
--------------- ..] I
I 1.1 I
Q, Contractor Name: PALM BE6.CH GRADING.
Contractor' Number': 5211
Type: ASPH6.LT/SEALCOAT /STR
Status: ACTIVE
CtHltractor Requirements
INc.
1.1
~
9
~
s
~
I
Application Information
Application status: FINALED
Status Date: 3/09/2000
Applicatlon type: EXCAVATION/FILL
Application date: 11/16/2004
Tenant name/number: mCL CLEAR & GRUB-PALMYRA
Va luatlon : 185080
~~~~~~ ~~~;~~:: 0
~..~.-...
lJ
I. I
L~
Outstanding Inspections
Insp
10
Schedule
Date
;:1
Confirlllation I
Number I
Type
No outstanding inspectlons exist
1.1
1.1
1000 000.
IDOO 000
1000000
SUNGARIrPUBlIC SECTOR
HTE. NaviLine'
r
I
I
I
I
I
I
1
I
i
I
I
i
V' OK
)( Exn
Cancel
Land inquiry
Inspection Inquiry
Property address:
Application, structure number:
Permit type, sequence number:
Inspection type, sequence number:
Inspection status, date:
Requested date, time, by:
Override date, time, by:
User 10 to request, result:
Phone interface number:
Inspector assigned:
Results status, date:
Final inspection flag:
Penalty amount:
~ ~ ~ 'f1 i8l
=
08-42-45-12-02-009-0020
7149 LAWRENCE RD
04 00005036 000 000
CG 00 CLEARING & GRUBBING
CG99 0001 CLEARING & GRUBBING FINAL
INSPECTION COMPLETED 3107/06
3/03106 CSC
BYRNEN
CONKLlNC
3293115
FL LAFONT ANT FRANTZ - ENGINEERING
APPROVED 3/06106
N
00
~'
'-'- --- - - - - I'
__PUBLIC SECTOR
HlE NaviUne'
Inspection Inquiry
peN:
Property address:
Application, structure number:
Permit type, sequence number:
Inspection Information
04
EX
00005036 000 000
00 EXCAVATION PERMIT
Inspection type, sequence number:
Inspection status, date:
Requested date, time, by:
Override date, time, by:
User 10 to request, result:
Phone interface number:
Inspector assigned:
Results status, date:
Final inspection flag:
Penalty amount:
~
s
B
Ii!
=-
11
. .. ~
08-42-45-12-02-009-0020
7149 LAWRENCE RD
, . .
EX99 0001 EXCAVATION FINAL
INSPECTION COMPLETED
3/03106 CSC
3/09/06
CONKLlNC CONKLlNC
3293131
FL LAFONT ANT FRANTZ - ENGINEERING
APPROVED 3/06/06
y
.00
)(Eldt
-
::"l
I..'...,..,...
~i;\
.
~ Cancel
Land inquiJy
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
181 August 21, 2007 August 6, 2007 (Noon.) D October 16,2007 October 1,2007 (Noon
D September 4,2007 August20,2007 (Noon) D November 7, 2007 October 15,2007 (Noon)
D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon)
D October 2, 2007 September 17, 2007 (Noon) D December 4, 2007 November 19,2007 (Noon)
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM 181 Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Request approval of additional funds in the amount of $18,352 to complete the Avenue of the
Arts yearlong on-loan sculpture program. At the May 15 meeting the City Commission approved the Avenue of the Arts
program to fund 10 artwork locations at an estimated cost of $49,500.00.
EXPLANATION: The increased program cost is due to increasing the size of the concrete pads to accommodate the 140mph
wind load requirement fur artwork installation. The concrete pads were enlarged at the recommendation of Jeff Livergood,
Director of Public Works and Engineering. He recommended the changes to provide a fuctor of safety and to allow for larger
artwork installations in the future. The pads are a one-time expense that will accommodate various artwork sizes and weights
fur the life of the program.
The Avenue of the Arts program increased in the amount $18,352.00 in total program costs. The targeted completion date for
the balance of concrete pads and artwork installation is September 28, 2007.
PROGRAM IMPACT: The Avenue of the Arts coordinated its program kick offwith three concrete pads completed and four
artworks installed for the Community Redevelopment Agency's August 4, 2007 Marina Summer Fest. These artwork
installations successfully contributed to the Marina's Summer Fest Walking Tour.
FISCAL IMPACT: The Art in Public Places Program is funded from the 30% of the 1% fees collected as mandated in the
Public Art Ordinance No. 07-002. It is forecasted to collect a total of $193,499.00 in budget year'06/'07. Account # 151-2611-
579-67-01 has budgeted $100,000.00 for both 06'/07' and 07'108' for Acquisition of Public Art.
The requested amount of$ 18,352.00 to complete the Avenue of the Arts Program will come from account #151-2611-579-67-01.
ALTERNATIVES: To not complete the Avenue of the Arts program as scheduled could mean increased construction cost at a
future date.
EXHIBIT" A" A TT ACHED: A venue of the Arts program estimate & actua
~~~re
{:..v;q- &c.icrTVj;4.
City Manager's Signature
Assistant to City Manager
Department Name
City Attorney 1 Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
w
>
~
a:
~
:E
o
(,)
00
I-
00
o
(,)
..J
<C
::)
I-
(,)
<C
~
w
~
:E
i=
00
w
:E
<C
a:
C)
o
a:
D..
00
I-
a:
<C
w
J:
l-
LL
o
W
::)
Z
W
~
<C
!:::
m
J:
X
W
..Joo
<CI-
::)00
1-0
(,)(,)
<C
c
WeI)
t:..1-
:E>eI)
-0
1-(,)
eI)
W
a:
W
D..
I-
eI)
o
(,)
>
I-
i=
z
<C
::)
"
:E
w
!:::
o
o
o
L{)
N
N
Y7
o
o
o
L{)
o
..-
Y7
o
o
o
L{)
('I)
Y7
CJ)
C
o C
; 0
rn 'Vi
'C 'S;
rn Q)
> ...
"0..-
~+
co
.-
ctl
..-
(/)
Q.)
"C
Q.)
CJ)a...
Q) c
a.ctl
.?;-Q.)
"00
rnO
a.oe:s
CO.c
..-
=...r
rnoe:s
...
0-
-$
I (/)
0lQ.)
c"C
'C ~
ffi~
CO
'0,00
C -
Q) CD
->
rn ctl
"'0-
::J--
..... (/)
u (/)
::J ctl
.... .....
-(9
Cf)_
o
o
o
o
CO
Y7
o
o
o
o
L{)
f'-..
('I)
Y7
0"0
OQ)
. -
om
L{)E
f'-.. .-
- -
('I)CJ)
Y7W
o
..-
rn
-
CJ)
C
~
...
o
:i:
-
...
rn
o
..-
rn
....
o
-
I
Ol
C
'C
Q)
Q)
C
Ol
C
Q)
rn
....
::J
-
U
::J
...
U5
~
.2
c.r:::
0:-
tiN
:::::l"-
.;:; x
CJ)'O
C _
o..;t
U x
'O:i:
rn_
CLco
o
o
N
en
L{)
..;t
L.()
Y7
o ....
-Q)
a.
00
C!0'O
en . rn
('1)('1) a.
CON
_ex:>
('1)<6
Y7Y7
o
..-
.-
Ol
C
;
.r:::
.2>
CJ)
Q)
'0
:::::l
U
C
~
u
.r:::
~-
U ::
,- c.o
C .r::: ..- ,.....,
0- ......
,-:: X C
13 0 .-
:::::l('l):Ol::
.;:; x CO .2>
CJ) x-
C :0 :i: CJ)
oc.o_ Q)
uxc.o-g
-g:i:-gu
CL (0 rn ,!;
-
o
Q)e
'O:!::Q)_
rn::Eo
0.0Q)
Q) - ... Q)
CJ) c 'S Ci:i
rn ,Q Ci "0
~Ci:i~E
u="O 0
.!; ~ rn':::
o CJ) 0 CJ)
_c-_
.- CJ)
Q)~'00
:::::l ... .!; u
'Oo:i:
5~.r:::-g
;C8o.E~
u CJ) Q)
:::::l::J0'"
'='o-.;tu
CJ) -- ..- c
c'" --
orn-Q)c
u > 0
Q) Q)--
'O...E13
rn::J_:::::l
0.CJ)= ....
'O~:i:(j)ui
~oE5~
rn-rnurn
~ ~ ~ 0 _~
g .~ ... ~ (j)
- CJ) c...... Q)
o
o
o
o
o
o
..-
Y7
o
o
o
o
o
o
...-
Y7
o
o
o
o
o
..-
Y7
o
..-
'0
C
Q)
0.
;
Cf)
CJ)
-
CJ)
;
~
o
o
o
o
o
..-
Y7
o
o
o
o
..-
Y7
o
..-
~
...
o
:i:
-
...
rn
.r:::
u
rn
Q)
...
o
-
CJ)
Q)
:::::l
Ci
rn
CL
o
o
o
..-
-.;t
Y7
o
o
..-
..;t
Y7
o
...-
~
....
o
:i:
-
...
rn
.r:::
u
rn
Q)
...
o
-
CJ)
Q)
:::::l
Ci
rn
CL
-
(/)
o
o
o
Z
o
o
o
f'-..
f'-..
Y7
o
o
o
o
..-
Y7
...
Q)
a.
f'-..
f'-..
Y7
Q)
:::::l
~
o
o
o
o
o
o
o
..-
Y7
~
...
o
:i:
-
...
ctl
...
o
-
Q)
u
c
rn
....
:::::l
CJ)
C
,......
o
--
,......
o
--
C1J
~
Z
o
o
N
Ll)
ex)
f'-..
(0
0-
L.()
f'-..
o
L.()
CO
f'-..
Y7
Ll)
,....
o
,....
0)
,....
Ll)
0-
en
-
CJ)
o
u
>-
u
c
CD
0'>
C
;
C
o
u
eft.
L.()
..-
..J
~
o
I-
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM G.
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 Citv Clerk's Office
[8J August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October], 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November 19,2007 (Noon)
0 AnnouncementslPresentati ons 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements D Unfinished Business
0 Public Hearing 0
RECOMMENDATION: To receive a report from staff regarding revisions to the Recreation & Parks Department
Revenue Policy Manual that will be effective beginning October 1, 2007, The City Commission has authorized
the City Manager, upon recommendation by the Recreation & Parks Director, to amend and update this
document However, with the anticipated high interest in using the City's new recreational facilities, staff
wanted to share information regarding usage fees with the Commission,
EXPLANATION: The Recreation & Parks Department's Revenue Policy Manual contains the department's
philosophy, guidelines, and policies and procedures regarding fees and charges and accounting for all revenue.
In addition, the Fee Schedule sets fees and/or fee ranges for all fees charged by the Department, including those
for facility usage and recreation programs. Three new facilities (Intracoastal Park Clubhouse, Sims Center and
Wilson Pool) will be opening over the next year, and fees must be established for their use. In addition, all
facility rental fees were reviewed, Fee ranges for recreation programs were increased to allow for growth over
the next several years,
PROGRAM IMPACT: The revised Revenue Policy Manual will allow the City to increase program fees and
charges in line with the increased costs of providing the programs and services, Additionally, revenue from
facility rentals will be increased.
FISCAL IMPACT: N/A
ALTERNA~
Department Head's Signature
Assistant to City Manager CJ11;(./
Recreation & Parks
Department Name
City Attorney 1 Finance
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
c -- - -- c --
--- - ~ ,-' c -- - (:) .-
~ -, -- - -, ,-- '- '- - ~
--- '-' --- --- ~. -, -, -.. -, ,.- - ,-
. . . -- ~ .- '''-'' ""-
c _. IF; --- C -, . . . .
"- - '-' - -. ~-, - -- .-
"'T ~Fi r-- -- C: ~l -- --- --- '- -
'-. 00 0 If ,- -.. '-0
-. -
:- f./'; .....--. -- p- C-} C1
QJ C/)
.......
=
Q)
U
fIj
e ....... ~ ....... C\j
.,.... ..~
.. ) ,.... SJ )..... SJ
'+-< ~ '+-< ~
00 p ,..... 0 -
+-l (l) . +-l (1)
- ro ,....... - ro .....-
0.... ro l"'"' 0.... C\j l"'"'
;> l"'"' ,..;.;. r-
....... ...... ....... -
)~ I .- U l"'"' ~~ I .- U r-
~ ("""' . l"""" ...- ..- . l""""
C Q) ,...... . Q) -
'"' .- .,-., - ,...... p ,-., :-, ,....
u 0 ........ Q) r-. 0 ....... 0 I""
. - i---,' - '-'
,...... Z C'Ci l"""" ,...... Z C\; l"'"'
>- 0.... ,;;... l"""" .-.....; c... l"""" ''-'
- ,'.... - .-
I .- ~ I ("'"".
l"""" ....... ;..... ......... ....... = -'" . -- = .".......
,...... l"'"' l"'"' .- l"""" = ,...... l"""" =
~ "..., - ,-., ,...... r- ,...... ,.-. ~ ,...... 0
CO u 0 - Q) '-' Q) ....,1 () - () Q)
0 Z ""0 -cj 'V ""d ;Z ""0 '"0 V -0
.--.....
"'0 .,.... .-
....... Vl ....... .f'1 ....... Vl ....... tTJ ....... rf, ...- Vl
- = l"""" C) l"""" V = V = Q) ("""' (1) = Q)
,...... ,...... ,......
ee Q) =' Q) ~ () e::: Q) e::: Q) N Q) ~
~ U ""0 '"0 ""0 ""0 - '"0 -
~ I I I U I I I
l"'"' .- l"""" = l"""" l"'"' ("""'
'J; - Vl ..- Vl Vl - r:..n ..- Jj .-
U Q) ,.... () 0 (l) 0 (1) 0 (1) 0 (1) 0
E '-' 5
0:::: Z ~ Z e::: Z ~ Z e::: z e::: Z
0 -4 0
0 .. .. .. .. .. .. 0 .. .. .. .. .. ..
=::: =:::
"-
_.
~
u
ct1
Cl)
~
~
o
-t--'.
~
::J)'
o
t:Q.
City of Boynton Beach
Recreation and Parks Department
Boynton Beach, Florida
r 1""\
....., ...
~
"~
ro
,........",.
~
p
o
v~
~
C\j"
Q)
H
- "
\-)
Q)
~
I We Make
'1' <,;,,":, l.~ f II
.~;l\ .., "./. ...
/fi" y .~ f e un. .
.c. ';." ~. .;tIII>. .~._
Boynton Beach
Recreation and Par~s Department
CONTENTS
I. Statement of Philosophy ...................................................................... 1
II. Statement of Need............................................................................... 1
III. Authority and Responsibility................................................................ 1
IV. Fees and Charges, Goals and Guidelines........................................... 2
V. Financial Assistance Guidelines ........................................................ 10
VI. Contractual Receipts Guidelines ....................................................... 12
VII. Compulsory Resource: Dedication Ordinance .................................. 14
VIII. Accou nti ng for All Revenues.............................................................. 14
IX. Annual Review................................................................................... 16
X. Fee Schedule .....................................................................................17
Adopted: 9/21/93
Revised: 12/5/00,10/21/03,4/20/04,8/21/07
Recreation & Parks Department
Revenue Policy Manual
CITY OF BOYNTON BEACH
RECREATION & PARKS DEPARTMENT
REVENUE POLICY MANUAL
I. STATEMENT OF PHILOSOPHY
The basic philosophy of the Boynton Beach Recreation and Parks Department is to offer year-
round diversified recreation services, ensuring that all citizens have equal opportunity for
participation. However, since the demand upon the Department is greater than the public's
ability to appropriate public funds to support that demand, it becomes necessary to charge
fees and pursue other supplementary revenues and resources. Fees and charges for parks
and recreation services will provide only one source of finance for the Department. They will be
thoroughly evaluated prior to their adoption into the fiscal matrix supporting public parks and
recreation services, a matrix which includes general fund appropriations, contractual receipts,
land dedication, bond issues, grants-in-aid, and special gifts and donations. Fees and charges
will supplement these other resources, not replace them nor be used to diminish government's
responsibility to provide open space and leisure opportunities. Rather, fees and charges will
be viewed as a method to expand and to continue to provide basic services on an equitable
basis. The general benefit of services made possible through fees and charges must exceed
any detriment imposed by the fees, and collections must be practical and economical.
II. STATEMENT OF NEED
It is the responsibility of the Boynton Beach Recreation and Parks Department to offer a
comprehensive recreation program and to provide publiC park land. Because of heavy
demands for new and expanded services and because of the increase in operating expenses,
it has become necessary to adopt a sound and consistent policy that will guide the search and
generation of supplementary revenues to tax dollars.
III. AUTHORITY AND RESPONSIBILITY
The revenue policy was formally adopted on September 21, 1993 by the Boynton Beach City
Commission. The City Commission and City Manager have authorized and charged the
Recreation & Parks Director with providing oversight in the implementation of the policy, and
establishing appropriate procedures to administer the policy's goals and guidelines. The City
Recreation & Parks Department
Revenue Policy Manual
Commission authorizes the City Manager, upon recommendation by the Recreation & Parks
Director, to amend and update this document as may be necessary, Changes proposed by
staff and approved by the City Manager will be placed in public file for 14 days and circulated
to the City Commission for review by exception.
IV. FEES AND CHARGES, GOALS AND GUIDELINES
A. BASIC SERVICES
1. The City of Boynton Beach will continue to provide basic park and recreation
services at no charge in order to protect and conserve natural and historical
properties and to promote the physical and mental well-being of its citizens.
Examples of basic services include staff supervised therapeutic recreation,
recreation center level games and programs, and various youth, adult and senior
citizen active and passive recreation activities, both indoors and outdoors.
2. Public funds will be used to acquire, improve and manage all park land whenever
possible, charging no fees to Boynton Beach residents for entrance into
neighborhood parks, comfort stations, greenway and trails, playgrounds,
recreation and community centers. However, the Recreation & Parks Director
may recommend nominal fees as necessary for control of these areas,
B. GENERAL GUIDELINES
1. Charging fees is an equitable method of recovering a portion or all costs of
specialized or personal recreational services.
2. Resident and Non-Resident Fees
3. Fees for non-residents will be a minimum of 25% above the fee for residents,
with a minimum charge to non-residents of $3.00 above the resident fee for
programs and services priced under $12.00.
2
Recreation & Parks Department
Revenue Policy Manual
4, To ensure equitable services and reasonable fees to the public, staff will submit
proposed program fee increases in writing for approval by the Recreation &
Parks Director. All fees will remain within the approved fee schedule.
C, FEE CLASSIFICATION
Fees charged for programs, facilities and services provided shall be classified as:
1 . rental fees
2, special service fees
3. permit fees
4. admission, parking and entrance fees
5. user fees
6. sales
1. RENTAL FEES will be charged for the privilege of exclusively using tangible
public property or building structures without consuming or injuring them in any
way, Examples include facility room rentals, picnic shelters pavilions and other
park facilities.
2. SPECIAL SERVICE FEES will be charged for supplying extraordinary articles,
commodities, activities, materials, or services as an accommodation to the public
which are not provided as part of the Department's basic, free public services.
Examples include keys, field preparation, lights, staff, custodial and processing
fees.
3. PERMIT FEES will be charged for permission or written authorization for a
specified lawful action or use of a facility, Examples include sports leagues,
tournaments, special event permit fees in accordance with Article I, Section 13-
20 of the Code of Ordinances as detailed in the Special Event Handbook, and
vending and exhibitor fees for various events.
4. ADMISSION, PARKING, AND ENTRANCE FEES may be charged to enter a
building or structure. These facilities usually offer an exhibit, show, performance,
3
Recreation & Parks Department
Revenue Policy Manual
concert, ceremony or demonstration. Examples include special performances or
events which require high cost talent, specialists, technicians, equipment, extra
supervisory and maintenance personnel, or where the net revenue generated is
used to offset the program or facility costs. Parking fees may be charged at
designated parks to control overcrowding and subsequent damage to greenways
and roadways, to minimize vandalism, provide additional patron safety, or to
offset a portion of park operational costs.
5. USER FEES may be charged for participation in an activity. The patron usually
enjoys the privilege of use with others. Examples include instructional classes,
trips, tours, camps, sports clinics, workshops, etc.
6. SALES include merchandise transferred (sold) from the department which
become the property of the user. Examples include promotional items, arts and
crafts supplies, merchandise related to programs and services offered, and
departmental tabloid, bulletin, newsletter or program advertising space.
D. DIFFERENTIAL FEES
In addition to fees differentiated according to residency, fees for programs, services and
facilities may be differentiated according to the financial objectives of the following
organizations:
Commercial/Profit
Fundraising
Non-profit
Private/Family
Schools
Religious
Fee Exempt
Examples include facility rentals for private/commercial gain, non-profit group meetings
and family celebrations. The Recreation & Parks Director shall establish the fee for the
above organizations based upon the fee schedule.
4
Recreation & Parks Department
Revenue Policy Manual
E. RECOVERING PARTIAL COSTS
1, The public will be charged user fees, special service fees, sales fees, or rental
fees for special services and special facilities based on the exact costs
associated with the "extra" service, or based upon a specified percentage of all
direct costs when the exact costs cannot be figured.
2, Fees will recover the exact costs or a percentage of direct costs for special
services and facilities when:
a) The cost per user hour of the service is high;
b) The activity uses consumable material;
c) The service requires a facility with high capital, operating or maintenance
costs;
d) The activity requires special preparation or clean-up;
e) The activity requires special instruction at extra cost;
f) The service is extended beyond the normal operation.
3. Special services include, but are not limited to, organized adult athletics,
instructional youth and adult programs, tournaments and youth and adult out-of-
town trips and tours.
4. Special facilities include, but are not limited to, one time room rentals, lighted ball
fields and tennis courts, pools and pavilions picnic shelters. Exact rates will be
set each year and published in the Fee Schedule,
F, RECOVERING DIRECT COSTS
1. Direct operational costs will include all transportation, lodging, and personnel
necessary to conduct the program, rental of facilities, purchase of equipment and
supplies, and utility costs directly related to the program.
5
Recreation & Parks Department
Revenue Policy Manual
2. Programs that will recover direct costs may include, but are not limited to, special
recreational programs, instructional classes, out-of-town trips and tours and
organized sports.
3. The established fee for co-sponsored fund-raising programs with other public
agencies or volunteer organizations shall cover the Department's contribution to
the direct costs of offering the activity and facility.
4. When not in use for Department-sponsored and co-sponsored activities,
designated areas, facilities, and equipment may be rented by organizations and
the general public. Rentals will be computed to recover all direct costs.
5. Equipment rental rates will be based on original cost and depreciable life.
G. RECOVERING ALL COSTS PLUS SURPLUS
Upon approval by the Recreation & Parks Director, public property may be used by
closed membership groups and proprietary or commercial groups who want to use
public property for financial gain or profit. The fee charged for use of the public park
land and facilities will be comparable to the prevailing commercial rates, or must recover
all costs to the Department, whichever is greater. An additional fee for the privilege of
conducting business on public property will be charged.
1. Commercial or promotional activities on park land will be permitted only when
they are clearly not in conflict with ongoing Department-sponsored programs, or
if the program can be conducted without any restriction of public use for a
reasonable period of time,
2. Commercial or promotional activities in parks and facilities will be authorized only
if they provide a public service and meet a legitimate public need.
6
Recreation & Parks Department
Revenue Policy Manual
3. Commercial or promotional use of public facilities including use of public names
of structures will not be authorized if such use constitutes an expressed or
implied City endorsement of commercial products, services or activities.
4. Sponsors of profit-making, commercial activities conducted on park property are
required to show evidence of comprehensive general liability insurance sufficient
to protect themselves from any potential incidents, an amount of coverage which
meets City requirements as approved by the Risk Manager.
5. The sponsors of profit-making, commercial activities conducted on City
recreation and park property must pay the City a minimum of twenty-five percent
(25%) of the gross receipts in addition to the prevailing rental rate.
a) Within thirty (30) days after a commercial or promotional activity, an
itemized list of all income associated with such an event must be
transmitted to the Recreation & Parks Director or his designee, together
with twenty-five percent (25%) of the gross income.
b) A deposit may be required by the Director in advance of the event.
6. Charitable, non-profit, community-serving organizations that conduct an event on
City recreation and park property for the purpose of raising funds, not sponsored
by the Department, may pay a facility rental fee, maintenance fee, or a
percentage of their gross receipts, as determined by the Recreation & Parks
Director.
7. Charitable sponsors of profit-making activities conducted on City recreation and
park property are required to show evidence of comprehensive general liability
insurance sufficient to protect themselves from any potential incident, an amount
which meets City requirements as approved by the Risk Manager.
7
Recreation & Parks Department
Revenue Policy Manual
H. REVENUE PRODUCING FACILITIES
Revenue producing facilities may be developed in parks to supplement General Fund
revenues and to provide Boynton Beach residents additional recreational opportunities.
The number and type of these kinds of facilities will be determined based on need. The
service itself must be the FIRST priority. Thus, revenue producing facilities will be
considered a basic resource of the recreation and park system, and will be constructed
with public funds. Depending on the nature of the service they provide, they may be
operated and maintained from user fee revenues. Where user fee revenues do not
have the potential to maintain the facility to a high standard of service, General Fund
monies will be used to assure continuation of the service to the public.
1. General Fund appropriations will be requested to support the operation of all park
& recreation facilities. While these facilities may be capable of generating
sufficient revenues to offset their operational costs, the General Fund
appropriations will provide an adequate cash flow during fluctuations of revenue
due to weather, seasonal changes and varied participation by the public.
2. Fees collected from revenue producing programs or facilities may be deposited
in a Trust Fund or Special Revenue Enterprise Fund to improve or expand the
recreational services of these facilities for the users. Thus, those who use the
program or facility pay directly for the operation. The guidelines governing the
Special Revenue Enterprise Fund are stated in this policy under Section VIII,
Accounting for all Revenues.
3. When public funds are not available for construction of special facilities due to
other priorities of the department and the City, funding for development may be
sought and provided through public/private contractual agreements.
4. In situations where the financial constraints of government cannot ensure the
maintenance of the high standard of service desired by the public, the services
may be operated through contractual agreements with the private sector.
8
Recreation & Parks Department
Revenue Policy Manual
I. DIFFERENTIAL FEES: SPECIAL SITUATIONS AND GROUPS
1. It shall be general policy to develop reciprocal use agreements with the Palm
Beach County School District allowing joint use of facilities at no charge to either
party unless uses require special needs which require high costs to the school or
City.
2. Special interest groups shall be granted no special consideration in the form of
reduced rates or free services, with the exception of those groups affiliated with
the Department. Special interest groups may include, but are not limited to,
religious and political organizations, commercial businesses or clubs and
organizations.
3. Many out-of-town residents use Boynton Beach recreation services but make no
direct tax contributions to help support these services. It is not equitable for
these citizens to enjoy the facility or service while this jurisdiction's residents are
taxed for its maintenance and operation, Therefore, it is reasonable to
incorporate into the fee and charge policy different Non-resident and Resident
fees. Thus, visitors and residents together will help maintain the facility and
provide funds for continued expansion and proper staffing.
J, WAIVERS
Official City-sponsored or affiliated programs and events shall be fee exempt. The
Recreation & Parks Director or his designee shall make such determination. On some
occasions, fees and charges may be reduced when such action is determined by the
Recreation & Parks Director or his designee to be in the best interest of the City of
Boynton Beach or the specific program. A written request for waiver of fees must be
submitted to the Recreation & Parks Director.
9
Recreation & Parks Department
Revenue Policy Manual
K. REFUNDS
1. Policies and procedures for refunding fees will be determined based upon the
participant's prorated share of costs already invested and committed into the
program, including administrative services, in adherence with the Recreation and
Parks Department's Customer Satisfaction Pledge and Refund Policy.
2. All requests for refunds must be made in writing to the Recreation & Parks
Director or his designee, and any special circumstances will be determined by
the Director or his designee. Full refunds for instructional classes will be granted
when the class is canceled due to insufficient class registration.
3. In lieu of a refund, the Department will offer the participant a program credit. The
credit may be applied toward the cost of any future recreation program
registration or activity. No administrative service charges will be deducted when
a credit is accepted by the participant.
.J. FINANCIAL ASSISTANCE GUIDELINES
Boynton Beach Recreation and Parks Department may accept grants, gifts, service-in-kind,
bequests or donations to the City for the purpose of park land acquisition, planning,
development, maintenance, operations and administration of recreation and park facilities and
programs. The City Commission authorizes on behalf of the City, the Recreation & Parks
Director to accept non-governmental grants, service-in-kind, and gifts, donations or bequests
of cash or personal property valued at $5,000 or less, provided the solicitation, acceptance and
use of these revenues and/or gifts are consistent with State Laws and Local Ordinances and
are in the best interest of present and future Boynton Beach residents. Gifts, grants, service-in-
kind, donations, or bequests valued at more than $5,000 must have City Commission
approval. Any gift or bequest of real estate and all government grants may be accepted only
on approval of the City Commission. All gifts, bequests, and donations of personal property or
real estate and all grants shall be held, used or disposed in accordance with the terms and
conditions under which the gift, bequest, donation, or grant is made and accepted in
accordance with State Law and local ordinances. The Director, City Manager or Commission
may reject any gift, bequest or service-in-kind for just cause.
10
Recreation & Parks Department
Revenue Policy Manual
A. GRANTS
1. Any permanent employee of the Department is encouraged to investigate the
possibilities of securing a grant for Department facilities and programs.
Researching and investigating grants will be consistent with Department and City
policy.
2, The Director will act as the clearing house and give approval for all grants, Grant
applications requiring a City cash match of $5,000 or more that has not been
appropriated in the current fiscal year or adopted in the 5 Year Capital
Improvement Plan must be approved by City Commission.
B. GIFTS, DONATIONS AND BEQUESTS
1. The Director may accept service-in-kind from individuals or private or corporate
organizations for the benefit of a specific facility or program or for the
administration of all recreation services.
2, Any permanent employee of the Department may personally pursue gifts.
donations, bequests or service-in-kind on behalf of the Department as long as
the amount of a single donation does not exceed $4,999.
3. Gifts, donations and bequests over $4,999 in value will be pursued only upon
approval of the Director.
C. FUNDRAISING EVENTS
1. Upon authorization by the Director, fundraising events, solicitations, sales or
benefits may be conducted on behalf of the Department or as part of a
Department-sponsored program (such as, but not limited to, Holiday Parade) by
organized and recognized community groups. Such recognized groups include,
but are not limited to, civic associations, home owners associations, scout
11
Recreation & Parks Department
Revenue Policy Manual
organizations, P.T.A.'s, and adult advisory committees or councils. Such
fundraising events shall be established by written agreement among all parties.
2. Funds collected in this manner remain the property of the organizations
overseeing the collection until they officially give the cash or check to the
Recreation & Parks Director or his designee.
3. The Department and its employees are not responsible in any manner for these
funds. However, organizations receiving or handling funds during Department-
sponsored programs must follow the prescribed rules of the City for providing
accountability of all funds to the general public. Organizations will keep all funds
in a checking account in the name of the organizations. All records, bank
statements, canceled checks, blank checks and receipts, invoices and
authorizations must be available for review by the Department.
4. The Department may require or request expenditure of funds belonging to City
affiliated organizations recognized groups, such 3S Black Awareness Committee,
and shall concern itself with the proper management of these accounts and
assure that the handling of funds is carried out to the degree of accountability
required of government by the public.
VI. CONTRACTUAL RECEIPTS GUIDELINES
A. LEASES
Upon approval of the City Commission, the Department may lease park land for a
specific time as negotiated. The process of leasing land will be open to all responsible
individuals and corporations, and contracts will be awarded according to the State's
open binding procedures, following announcements published in all area newspapers.
The City Commission must approve all lease agreements. Contracts will be awarded
based on specific criteria, including but not limited to:
12
Recreation & Parks Department
Revenue Policy Manual
1. Evidence of financial responsibility and intent to use the land for designated
purposes,
2. Revenues and/or rents generated for the City, and
3. Environmental Impact Plan which includes statements on the use of chemicals,
protection of soils and water quality, and how the prospective lessee plans to
restore the land back to its state prior to lease.
B, CONCESSIONS
1. The Boynton Beach Recreation and Parks Department is authorized upon
approval of the City Commission to sell products such as supplies, food or
souvenirs, or services such as coin-lockers or rental equipment at recreation and
park facilities for the purpose of providing a service to recreation and park
patrons.
2. For the privilege of selling products or services on public park land, the City will
receive monthly rent and/or a percentage of the gross revenues generated from
the concession operation. Rent and percentages will be established on a
contract by contract basis.
3. The process of awarding contracts will follow the State's open bidding
procedures following announcements published in area newspapers. The
Director is authorized to solicit bids from reputable concessionaires according to
Purchasing Agent requirements.
4. Criteria for awarding contracts include, but are not limited to, the following:
a) Proof of financial solvency and history of quality performance in providing
the product or service in question,
b) Percentage of gross revenues generated for the City, and
13
Recreation & Parks Department
Revenue Policy Manual
c) Specific conditions and terms in the contract which ensure that the public
receives the best service possible and the Department maintains as much
control over the concession operation as possible.
VII. COMPULSORY RESOURCE: DEDICATION ORDINANCE
In order to accommodate for orderly growth and development and the influx of new residents,
and to maintain the quality environment which makes Boynton Beach a desirable community in
which to live, and in order to place an equitable share of the cost of providing new park land on
all new inhabitants, Boynton Beach City Commission authorizes the Department of Planning
and the Department of Recreation & Parks to review each subdivision plat for consideration of
mandatory dedication of land or fees in lieu of land for park, recreation and open space
purposes pursuant to the City subdivision codes. Control, record keeping, expenditures and
accountability of all revenues and property will follow State Statutes and Local Ordinances.
VIII. ACCOUNTING FOR ALL REVENUES
Boynton Beach Recreation and Parks Department will be collecting fees and charges, gifts of
land or personal and grant revenues as a result of this policy. The collection, control, record
keeping, expenditures and accountability of all revenues and property will follow State
Statutes, Local Ordinances, and Finance Department Accounting and Auditing Procedures and
Policies.
A. PARKS AND RECREATION TRUST FUNDS
In order to enable the Department to plan, organize and conduct activities and events
totally funded through appropriate funds, trust funds shall be established for special
programs.
1. All monies will be deposited in the City Treasury, in accordance with Finance
Department policies and credited to the trust fund account number.
2. The Finance Department shall be responsible for maintaining official revenue and
expenditure records as required. All transactions (deposits and expenditures)
14
Recreation & Parks Department
Revenue Policy Manuai
shall be in accordance with normal Finance Department procedures, including
purchasing and accounting.
3, Expenditures may be charged against the trust fund account; however,
expenditures may not exceed revenues as of September 30 of each fiscal year.
Monies as of September 30 of each fiscal year shall be encumbered and carried
over to the following fiscal year for planned programs.
4. The trust fund shall be maintained by the Finance Department on a revenue and
expenditure basis; however, the Department will maintain detailed, separate
ledgers for each activity or event in order to provide day-to-day control of income
and expenditures for each program.
B. ENTERPRISE FUND/SPECIAL REVENUE FUNDS
When appropriate, enterprise funds or special revenue funds shall be established to
provide greater flexibility in the management of revenue-producing facilities and
programs. These funds are governed by the following policy:
1. Revenues collected shall be deposited in a fund separate from the General Fund.
Revenues collected will be used to conduct the revenue-producing
program/facility or improve the recreation services to the user. A percentage of
the revenue generated over the cost to conduct the program shall be paid to the
General Fund Revenue Account.
2. The Finance Department will assign object codes and maintain official records as
required by law. The Recreation and Parks Department will maintain detailed
and separate account ledgers for each facility and program activity in order to
provide day-to-day control of revenues and expenditures,
3. The Boynton Beach City Commission, upon recommendation of the City
Manager, Finance Director and Recreation & Parks Director, may appropriate
general funds twice a year into the enterprise/special revenue fund with the
15
Recreation & Parks Department
Revenue Policy Manual
stipulation that every effort will be made to repay the general fund appropriated
"loan" from the enterprise/special revenue fund revenues within six (6) months.
4. The costs of operating the revenue producing facilities and programs will be
charged against the Enterprise/Special Revenue Fund(s). Unspent monies left in
the fund as of September 30 will be carried forward to the next fiscal year.
5. In accordance with current City of Boynton Beach practice, a minimum of 10% of
the annual budget will be retained in the fund as emergency reserves.
IX. ANNUAL REVIEW
The Recreation and Parks Department shall review this revenue policy annually and all fee
schedules to ensure equitable services and reasonable fees to the public. The fees must be
easily collected and the cost of collection should not consume more than half of the receipts
unless the purpose of fee collection is to control usage. A written report will be presented by
the Recreation & Parks Director upon request of the City Manager.
16
Recreation & Parks Department
Revenue Policy Manual
FEE SCHEDULE
Fee Classification
Fee Range
RENTAL/RESERVATION FEES:
FACILITIES & PAVILIONS
Rental/Reservation Deposits
Art & Activity Center
Boat Club
Civic Center
Hester Community Center
Intracoastal Park Clubhouse
Madsen Senior Center
Senior Center
Wilson Sims Center
Wilson Pool
$50 $250 $50-$300
$25 - $m} $60/hr
$15 $20 $35-$85/hr
$25 - $-+00 $170/hr
$25 $150 $35-$170/hr
$35 - $300/hr
$15 $25/hr
$25 - $m} $135/hr
$-+&-~ $40-$260/hr
$50/hr. plus lifeguard
$200-$260/3 hr block plus $35/hr per
lifeguard
$25 $150 $50-$300/day plus deposit
$50 $300 $1 00-$600/day holiday plus
deposit
$&---$25 $30 - $40/2 hr practice
Picnic Pavilion
Athletic Fields
RENTAL FEES: EQUIPMENT
Rental Deposits
t4aoo
$20 $100
$10 per event plus
tuning (approximately
$W1
SPECIAL SERVICE FEES
Keys (lost keys/replacement)
Field Preparation
$20 $'10
$'10 $50 field $35/hr
per person
$3 $8/hr$6-$12/hr
$50/hr
$30 $120/day
$50-$150 per event, depending on size
and type of event
~ $35/hr
Lights
Special Event Consultant Fee
Custodial Fee
Staffing Fees
PERMIT FEES
Athletic Teams/Tournaments
Date
Commission
Approved
+-Gfro 8/07
+J-IOO 8/07
Wf94.8/07
~. 8/07
'tW94- 8/07
8/07
Wf94
12/00 8/07
wt94.8/07
+Gf9+ 8/07
+GfG.3 8/0 7
1-~G 8/07
.:wm-+
1-Gf9-1-
l{).j.g-1-
tG/9-1- 8/0 7
to/9-1- 8/0 7
tG/9.4
=1-.0/94 8/07
.:+-G/DJ 8/07
$50 $150 $100 - $500 per field 1-2+00 8/07
or outdoor court rental/day
$40 $50 $35/hr per person/field
preparation
$30 $120/ $50-$150, depending on size
17
pecial Event Vending/Exhibitors
(Oceanfront Concerts, health fairs, etc.)
ENTRANCE. PARKING & ADMISSIONS
Beach Parking
Boat Club Park Launch Fees
Special Program Workshop,
Concert Admission or
General Admission: (e.g. holiday craft
workshop, youth Halloween programs,
theater performances, dances, etc.)
Tennis Center Daily Fees
Adult (har-tru)
Adult (composition)
I unior (17 & under)
_ight Fee
Recreation & Parks Department
Revenue Policy Manual
and type of event/custodial fee
$25 - $1 ,500/space
Established by Article II, Section 16-82 of
the Code of Ordinances
Established by Article II, Section 16-61 of
the Code of Ordinances
$3 - $50/person
$7/person/1.5 hours
$3/person/1.5 hours
$2/person/1.5 hours
$5/1.5 hours
USER FEES Non-Resident Fee
Resident Fee
$1 0 - $80
Youth Sports $13 - $100
(ex: Flag Football, Soccer, Cheerleading,
Gymnastics, Twirling, Tumbling)
$16 - $500
Adult Sports & Leagues $20 - $625
(ex: Softball, Volleyball, Senior Men's
Softball, Basketball, Tennis)
12/00
09/93
09/03
09/03
09/03
09/03
Date
Commission
Approved
09/93
12/00
Fitness & Dance $15 - ~ $200
(ex. Aerobics, Ballet, Yoga, Tai Chi)
$12 - $-tOO $150 ~ 8/07
$18 - $+00-$150 -+GIW 8/07
Arts & Crafts $23 - ~$200
(ex: Tot Recreation, Kids Crafts, Painting,
Calligraphy, Watercolor, Clay, Quilting,
etc.)
Adult Special Class/Workshop/one time
$7 - $J2-$65
$4 - ~ $50
18
~ 8/07
Recreation & Parks Department
Revenue Policy Manual
Non-Resident Fee
Resident Fee Date
Commission
Approved
Camps
(includes field trip fees; 1, 4 or 8 week $113 - $@25 $1,000
spring break, summer and holiday camps)
~ 8/07
$90 - $WG $800
Afternoon Recreation Programs (monthly) $62 - $4-00 $250
$50 - $-1-2~ $200 ~..;yoo 8/07
Self Improvement/Community Interest $18 - $94
Classes (ex: language, music lessons,
computer classes)
$15 - $75
12/00
Senior Center Annual Participation Fee
$40 - $1 00
8107
Pool Admission Fees
Daily Fee
Annual Pass
$1 - $10/day
$63 - $156
$1 - $10/day
$50-$125
8/07
8/07
Tennis Center Permits
Adult/Individual
Family
Junior (17 & under)
Seasonal Permit (valid 10/1-5/15):
Single
Family
$452 - $576
$630 - $804
$ 55 - $70
$300 - $382
$420 - $536
$252 - $322
$378 - $482
$ 25 - $32
G&IG4 8/07
G&IG4 8/07
~ 8/07
8/07
8/07
*Tri ps/T ours/Travel
$ varies (actual cost of trip + 15% administrative and
promotion charge = TRIP FEE)
*Same fee for all participants since Boynton Beach facilities are not being used.
Note:
· Programs at Caloosa Park - no fee differential since Boynton Beach facilities are not being used.
· Fees charged for grant-funded programs may fall below the fee ranges listed above.
19
Recreation & Parks Department
Revenue Policy Manual
FACILITY USE/RENTAL PRIORITY AND POLICIES
I. Facility use for City of Boynton Beach sponsored or affiliated programs shall have priority and be
foe exempt. The Recreation & Parks Director or his/her designee shall determine whether a
group shall be considered affiliated for this purpose.
II. All requests for fee waivers or reductions shall be made to the Recreation & Parks Director. The
Director has sole authority to approve deviations from the standard rental fees included in this
document.
III. Facility use requests must be made on the appropriate form and submitted a minimum of four (4)
weeks in advance of the requested date.
IV. Per the Interlocal Agreement between the City of Boynton Beach and the School Board of Palm
Beach County (R06-169), schools within the City of Boynton Beach shall be eligible to utilize City
facilities at no cost, except as otherwise provided for in the agreement. All other schools shall be
considered "Non-Profit" for the purpose of fee determination.
V. Additional Fees:
A. Damage Deposit: $.2.W $300 for each facility excluding athletic fields and pavilions.
B. Staffing Fee: Will vary based on duration of event, day of the week and staffing requirements.
Rate is $35/hr.
C. Custodial Fee: $35 $120/hour $50 - $150 per event, depending on size and type of event.
D. Wilson Pool: Additional lifeguard fee of $35 ~/hr is required for pool rental.
DIFFERENTIAL FEES
DEFINITIONS
Resident Rates
Fees for individuals or groups residing inside the Boynton Beach corporate City limits.
Non-Resident Rates
Fees for individuals or groups residing outside Boynton Beach corporate City limits.
Commercial - Fees for a business, commercial or other for-profit organization,
Non-Profit - Fees for a non-profit, 501 (c) 3 organization. Proof of non-profit status must be
submitted.
Private - Fees for an individual using a facility for a private event.
20
cro
(lJ ::J
E C
...... r.o
ro2
0.>>
(lJ U
0=
o
rno...
.:Y.
.... (lJ
r.o ::J
0... C
oel (lJ
>
C (lJ
.Q~
ro
(lJ
o
(lJ
~
I
, ,
-l<
. ceo
<1l :::l
E C
...... ell
ro~
0.>-
<1l u
r .~
C\J oJ.!
Cl.E
06 <1l
>
C <1l
00::
~
<1l
'-
U
<1l
0::
N
N
em
Q) ::J
E c
..... (\j
m~
0.>-
Q) ()
0=
o
~o...
'- Q)
ro ::J
o....c
oejQ)
>
C Q)
go:::
ro
Q)
'-
()
Q)
0:::
I
cro
Q) ::J
E C
..... co
ro~
0.>>
Q) t)
C' ,=
(v -' -
o..~ .::
06Q) (.)
> ns
C Q) Q)
.Q 0:: m
..-
co C
Q)
.... 0
t) -
Q) C
0:: >-
0
m
-
0
III
:::
E
Q)
-
ns
....
0
a.
....
0
(.)
Q)
.::
-
Q)
:2
III
C
en
c
.-
:2
III
Q)
....
III
ns
:::::l
"C
:~
"C
c
-
III
Q)
-
ns
a:::
-
c
Q)
:2
III
Q)
a:::
III
Q)
Q)
LL.
ns
-
c
Q)
a:::
-
c
0
~
ns
(.)
~
III
III
ns
U
Q)
Q)
LL.
c:
0'0
,- Q)
Q) ::: > II ul nl d
.....- 0
I'll E .... ~~~
cE~ ~~ I'- I'-
oe( 0 0
0 -- 00
ex)
J~ ~~ ~~ ~~~ ~~~ ~~ ~~~
l~ la d ul ul d ili
l~ il d ul Id d di
C6 ....
'u .... ~ ....
.... .... .... .... ~ .... ~EI ~ ....
E~ ~~ ~I ~~I .... II ~I~"" .... .... ....
~~ ~ o~ o~ ~.... ~~~
-- ~ I.{) ~~ --. --. --.
E 0__. --. -- 000
I.{) I.{) I.{) <:')1.{) <:')1.{) <:')1.{) o I.{)I.{)L() 000
0 ..q-..q- <.0 ...-..q- ...-<.0 N<.O ...- <.O..q-<'o ...- ...- N
U ffH:f7 f::f7 f::f7f::f7 f::f7f::f7 f::f7f::f7 f::f7 f::f7f::f7 f::f7 f::f7 f::f7f::f7
CI) .... .... .... ul .... .... ....
... ~~ II ~ II ~ ~
.~~ -- -- ~~I .... 5l1i:!EE ....
~~ ~ .... ........~
--. ~ ~~--.
I.{)__. -- -- __.__.0
a. L()I.{) 01.{) 00 1'-0 o 01.{)0 I.{)I.{)I.{)
<:') <:') ...-<:') ...- I.{) ...- I.{) ex) I.{)<:')L() I'- I'- ...-
f::f7f::f7 f::f7f::f7 f::f7f::f7 f::f7f::f7 f::f7 f::f7f::f7f::f7 f::f7f::f7f::f7
1~ Iud Iud Iud Iud Iud Iud
1~ la II ul ul il ili
...
;;::: .... .... .... .... .... ....
~~ ~ H ~~I ~~I "- II ~ ~
~E ~ .... ~I[ijj~~ "- .... ....
-- ~ ~~~
0 -- 0__. -- --. --.
I.{) I.{) 01.{) 01.{) 01.{) I.{) I.{)I.{)I.{) 000
Z NN I.{)N I.{)<:') ...- <:') ..q- <:,)N<:,) ..q-..q-ex)
f::f7f::f7 f::f7f::f7 f::f7f::f7 f::f7 f::f7 f::f7 f::f7f::f7 f::f7 f::f7 f::f7f::f7
(j)
.... .::
Q) co E E
C ~ (j) 0 0
VI Q) VI .... 0- \ 0 0
CI) UE E co ::J E .... 0::
....
E Q) 0.. -0 (u Q) E
0 .... E 8 (/) ....
..... E 0 .......U'J 0 +oJ
'u . 0 $E..... c ro 15& OEm Q)
. 0:: Q) ::JO:: Q)OO:: ( .....
.D (j) C
III ::J ~~IDI U ~~I (/) 0 E ';:' ~fgu Q)
u. 0> co <(coU
.~ 0 [5 ~I ~g~ (u 0 5 0:: co ~I U
t) :3CQ1 o. ~Vi06 E E E
oC 03'0 co (j) Em co .c E ,~(/) (/) (/)
.- "0 (/) .... ::J Q) 0 E 000
..- Q) ::J 0 0~~. Q) >>Q) ..... ~~. ~G~ 000
~ ~U5 - > ....
co I CD ~ . C uwo.. en 0::0::0::
..q-
N
ern
Q) :J
E ~
n ul u u Ii I
Co ~
0... c
06 g;
C Q)
00:::
~
~ aaa aa aa aa a
0:::
ul j J H n j
ul j j u U j
(f)
...
ul I j ~~ n j
It:
.L:: ... II
UI ~ ! ~~ ~
fud fh I U j
ul i ~ u U j
(f) I
l ~ ~ l:...!a I
ii~ ; a~: ~a !
I
---
W 1 ("f) .. . ,
U5 20"2
Q) u 0 (1J
I €; N :J
I ~ (f):>, (f) I' "!W~
(~~ ~"~f-~ ~
j ~ Q) _ Q) 'I 0 ,^
LJ ,- (1J ,- 0 v,
)) LLC) ~:: ( 0... .2
1503 C LL...J? " C" 0..
, Q)t)0 ...Q).... ~ 0 (f)
. I Hd~H i ~c, ~
~
~
j ~
ern
a> :::::l
.s ~
ro~
as~ :::-
(' = (.J
.., ~
Q)
lv ~ OJ
a.. C c:::
eelg; 0
c a> ...
.QO::: ~
ro 0
~ m
a> _
0::: 0
In
...
E
c:
O'tl
,- Q)
Q) ::: >
..."- 0
III E ~ ~~ ~~ ~~~ ~~~ ~~ ~~~ ~~~ ~~
cE I'-- I'--
0< 0 0
03 --
0 00
]! ~~ ~~ ~~~ ~~~ ~~ ~~~ ~~~ ~~
]! ij d uf Hf if ij f uf U
]! ji d Hf !if if ji f uf U
ia ..... 00
"(3 ..... .s:: if ..... .....
.s::
I! ..... ..... L.. .s:: ..... ~~f .s:: L.. U
.s:: .s:: ~f ~"f L.. ~~""f L.. L.. ..... uf
~~ ~ .s:: ..... .s::.s:: .s::
o fit o~ -- .s:: L() .s::.s:: -- -- --
0__ -- -- 000
00 L() 1'--0 I'-- L() o L() (")L()OL() (")(")<0
0 <0 <0 00 ...- <0 ...- 00 (")00 ...-00<000 ...- ...- N
U ~~ ~ ~~ ~~ ~~ ~~~~ ~~~
..... 00
..... .s:: If L.. L..
.s::
CI) ..... ..... ..... .s:: ..... ~~f .s:: L.. Ii
~! .s:: .s:: ~f @"f ..... il~""f L.. L.. L.. uf
~~ ~ .s:: ..... .s::.s:: .s::
o~ o~ -- .s:: L() .s::.s:: -- -- --
0__ -- -- 000
ll. L() L() L() (") L() (")L() (") L() OL()L()L() 000
-<;t-<;t <0 ...--<;t ...-<0 N<O ...-<O-<;t<O ...- ...- N
~~ ~ ~~ ~~ ~~ ~~~~ ~~~
}! a~ d uf uf d a~ f Hf U
}! ij d uf jd if ij f uf U
- 00
L..
It: if .s::
~! L.. ..... ..... ..... ..... L.. L.. H
.s:: U hf Hf L.. .s:: .s:: L.. uf
-- ~Hg UHf
~E .s:: L.. L..L...s::
-- .s:: .s:: .s:: --
0 -- 0__ -- -- ____0
z L()L() L()L() L() L() (")L() OL()L()L() 000
(")(") <0(") <O-<;t ...--<;t <O-<;t(,,)-<;t L() L() ...-
~~ ~~ ~~ ~~ ~~~~ ~~~
00 L..
L.. L.. a>
a> 2 E E 1i5
00 C .::t:- oo 0 0 a>
CI) a> 00 L.. a. 0 0 I
E OE L.. E ro :::::l E ( 0::: 0::: --
a.. '--' 0 '[ CD a> E 00 00>,
"(3 0 L.. 2EO E 0 ( L.. 'Ox
. 0 2E- c 0 rn """'cnO ........ a> :1' -ro
~O&Ero a>_
III ,0::: ..c a>:::::l0::: ...... a> 00::: e .- ro
u. c3 I ~"~I '2i(i go I 00 00 0 E o~~gOI a><eCOO I( ~ U-Cj
0) ro
1< .~ 0 ~,g~ 0 ~ 0::: co 'tl o a.:!: ~ eel 0 j , I gmCj
10 Qi '6 a> C .- u .s::........... 00 E E E a> u 0
10- 1i5EQi ro ..ccO) 'cEE ~ 00
.- '0 00 :::::l a> 0 E 0 0 0 - c 00
-a>:::::l S~. c3~Jl' a> >,a>. L.. .s::a>=
~~U5 e - > L.. ~~~U~. ._ 0 0 0
ICj~ OWa.. (1)0:::0:::0::: ~a..~
Q)
...
~
I-
o
0.
I-
o
(.J
Q)
J:
...
Q)
"C
In
...
:t
o
0)
c:::
"C
In
~
In
~
:t
"C
:~
"C
c:::
-
<0
N
In
Q)
...
~
~
...
c:::
Q)
:E
In
Q)
~
I
c:::
o
Z
In
Q)
Q)
u.
~
...
c:::
Q)
~
-
c:::
o
:;:;
~
(.J
!E
In
In
~
()
Q)
Q)
u.
em
Q) :::J
E C
..... co
Cii:?:
0..>>
Q) (.)
0=
o
~ll..
.... Q)
co :::J
ll..c
~(J.)
>
C Q)
.9 a::::
ro
Q)
....
(.)
Q)
a::::
~~ ii ~
aa aa a
i~ II i
i~ II i
.... II
.r:. ....
-- .r:.
~~ i
N
..-co
ffi ffi
.... II
.r:. ....
-- .r:.
~-- i
N~
..-co
ffi ffi
i~ II i
i~ n i
.... n
.r:. ....
~~ i
N~
..- co
ffi ffi
M
Jo-o
5 co ....
N co
(j) ; i -~r
-0.
~ ~. ( o -
( 0, gj
Q) '- ll..t 0..
l.L .... (J.) ( ~j c1:;. (j)
..... 2 :S .~ o ~ ....
.r:. (j) 0 (j) :J
:.:d:~ ~: B ~I~ ~
i<
i<
i<
~>"'YO'"
',' ."\..
l ... . ...... \
I." ... 'j
1\'. p:
l\... / (J
~,. _ j.-"~ 7'
^~~$'
VIII.-PUBLIC HEARING
ITEM 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 Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
~ August 2] , 2007 August 6, 2007 (Noon.) 0 October] 6, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October ]5,2007 (Noon)
0 September] 8, 2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September] 7,2007 (Noon) 0 December 4, 2007 November] 9, 2007 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
~ Public Hearing 0
RECOMMENDATION: Please place this request on the August 21,2007 City Commission Agenda under Public
Hearing. The applicant had requested postponement on July l7ili until August 21, 2007 in connection with his recovery from
throat surgery. The Community Redevelopment Agency Board recommended on May 8,2007, that the request be approved.
For further details pertaining to this request, see attached Department Memorandum No. 07-031.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Harbor Cay (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
Harbor Cay, LLC
East side Federal Highway, approximately 160 feet north of Gateway Boulevard
Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011)
approved on May 2,2006, from May 2,2007 to May 2,2008.
PROGRAM IMP ACT: NI A
FISCAL IMP ACT: NI A
ALTERNATIVES: N/A
~A~
City Manager's Signature
\1
~:
~ r~M/J..
./ Planning and Zoning Dir tor City Attorney I Finance
S:\Planning\SHAREDlWP\PROJECTS\Harbor Cay\SPTE 07-006\Agenda Item Request Harbor Cay SPTE 07-0068-2] -07.doc
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
Assistant to City Manager
~
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-031
Chair and Members
Community Redevelopment Agency Board
-~
Michael Rumpf \J .
Director of Planning and Zoning
Kathleen Zeitler kz.
Planner
May 1, 2007
Harbor Cay (SPTE 07-006)
Site Plan Time Extension
Property Owner:
Applicant I Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
PROJECT DESCRIPTION
Harbor Cay, LLC
Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC
East side of North Federal Highway, approximately 160 feet north of Gateway
Boulevard (see Location Map - Exhibit "A'')
Special High Density Residential (SHDR)
Infill Planned Unit Development (IPUD)
No change proposed
No change proposed
Townhouses
1.429 acre
To the north is developed multi-family residential property (Inlet Harbor Club),
classified Recreational (R) and High Density Residential (HDR) land use and zoned
Recreation (REe) and Multi-family Residential (R-3);
To the south is developed commercial property (Gateway Shell), classified Local Retail
Commercial (LRe) land use and zoned Community Commercial (C-3); to the southeast
is developed single-family residential, classified Low Density Residential (LDR) and
zoned Single-family Residential (R-l-AA);
To the east is developed single-family residential, classified Low Density Residential
Page 2
Harbor Cay
SPTE 07-006
(LDR) and zoned Single-family Residential (R-l-AA); and
West:
Right-of-way for Federal Highway, then farther west is right-of-way for the Florida
East Coast (FEC) railroad.
BACKGROUND
Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a one (1)-year site plan time
extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by the
City Commission on May 2, 2006. The site plan approval is valid for one (1) year from the date of approval.
If this request for a one (1)-year time extension were approved, the expiration date of this site plan, including
concurrency certification, would be extended to May 2, 2008.
The subject property consists of 1.429 acre zoned Infill Planned Unit Development (IPUD), located within
Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff
report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project
approved for a total of 23 fee-simple townhomes, recreation amenities, and related site improvements.
The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units,
each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6)
separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units,
with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "B")
proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned
area. According to the staff report, the proposed townhouse buildings would have hints of Spanish-
Mediterranean accents in the contemporary / modern design. Building accents would include cupolas,
Spanish S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors.
ANALYSIS
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". Examples of building permits include
but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City
regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that
the applicant files the request prior to the expiration date of the development order. In this case, the
applicant has met that requirement. The Planning & Zoning Division received the application for time
extension on March 12, 2007, approximately seven (7) weeks prior to the expiration date of the site plan.
According to the justification submitted for the requested time extension (see Exhibit "c''), the applicant
details the "good faith" efforts in moving forward with the project, explaining that the project has been
delayed due to the following: (1) required reconfiguration of underground utilities and subsequent civil
engineering plan revisions which required re-submittal for further review and approval; (2) delay in platting
due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of site
plan approval.
A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency
requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this
project and included a restriction that no building permits are to be issued for the project after the build-out
year of 2009.
Page 3
Harbor Cay
SPTE 07-006
The site plan time extension is still subject to the origi nal 85 conditions of the new site plan approval. No
new land development regulations are now in place against which the project should be reviewed and
modified. As for application of the Art in Public Places 0 rdinance (05-060), this project is not exempt, as the
new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005.
Therefore, the project must comply with Ordinance 05 -060 as stated in the original conditions of site plan
approval.
Lastly, the applicant has failed to pay the Capacity Reservation Fee as required in original Condition of
Approval #19, which was due within seven (7) days of the original site plan approval. As such, staff
recommends that the applicant pay the fee amount prior to final action by the City Commission on this
extension request.
SUMMARY I RECOMMENDATION
Staff recommends approval of this request for a one (i)-year time extension of the Harbor Cay site plan (NWSP
06-011). If this request for extension were approved, the expiration of this site plan would be extended to May
2,2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which
serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor
Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a
highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to the
overall economic development of the City. If this request for site plan time extension is approved, all
outstanding conditions of approval from the new site plan approval must still be satisfactorily addressed during
the building permit process. Any additional conditions recommended by the Board or City Commission shall be
documented accordingly in the Conditions of Approval (see Exhibit "D'').
S:\Planning\SHARED\WP\PROJECfS\Harbor Cay\SPTE 07-006\Staff Report.doc
.
.f4
Subject
5'ite ~
~
~T'
f ......~
I
PUD
7
I +f
1
I ;t
.. ."
GAmWkYBLVD
o
1:p..
J 4.:;....~......:
,. <'IE; ,..
,H! ..~...'
7 r~:' ,..
R-3 C-2 . ';f'V :/
':01 ..:.:.........:..':'.".. .
a ..'1.... ... ',".j
lJ g,D ,.,' i....
rI ':~';~'
L.r-J-".
~ ~ri:~[
._ f ;
j I
200 100 0
I
1..-'-''-'1\ 1 I"'"' I ~ IVIr\r
Harbor (~ay
(~
.../
, 1---(
;:..
'.i .~
'::t;
o
Ji, EE
'I: ~
; .~
~.
.~.
; r- (-3
j
REC
... C-3/
I 1/1
IPUD
REC
200 400
I
P0tter~oad.
R-3
'......
Las Paimasj~k
600
R'1-M"
. T'\....;"l
K- -AJ ~
I
Exhibit "A"
:r'.'
,.;4;),
;,;-----
't:ll
'm:
~'
~i'r--
'E'
o
'z:=
-
:
..'"
I
-----
~
r .
>.'
'.:
:.,
j:;: -
I~~:.,,:
Il~;!'; :
;j, ",i.
I
N
W+E
S
800
I Feet
In a;i
]11 3D~
I .~ ,..
:In I' I ~
..!~ i~~~
~;il~~
r ~ (,,,..,
.. i fl :~~..~,
; ; ~~~~.
,'"
~I'l~
TI~ii
i
_!~ !r~r
,i 3hB
. S!!
;,;1
Ii
. .. "CI
~
Z
---
1__
i
FLQ Ifl
- - _ _ RIDA cAST . ilf
, ~OAST RAILROAD II
U.S. HIGHWAY No - - - - - _ J
.1
':::::'~'. -,\
, ..
--- -
. ::-::-- - -
-::-::-------
. =="'.
/ II
t !I
~,-:-- - / ;'
", "-r=.::.. '.-...
":..
-~~-
, . =:~:-:..~~~
'::"-::", "'"',
- !I
i
I:
I
I
I
I'
!
I
~
"
,
I'
,
I:
I'
,
i:
I
i
~I
~
,
I'
I
. ,
:.
g~
-
,
I
I
I
I
II
Ii
~
,
".
'.
I: w , LJ
I
li~
!!n~ ril.PI~ Uh!}JriJlliJJIJiU S ~. i" ~ ~~ u...... E..... gU
!,q& . ~~ ii~d;JhuilUll!IPU nn '~luaplulll;UUpl
1111 Ii illlnl!6pul ! 111m! i III ! 1111I1 ; I II
: IBID b IHliUtUUlj Ii Ii I ~ ~ ~ j ~
.... ,," ,I,[h.,d lifg II E . i
!!I I II"UII r" I .
!J ~; lIlt!n" bl, i ~ i ! ; d ; H H; .; h d ;
I S1~ H w:[~! Ii ~ II i g g ~ n g n ~ ~ ~ ~ n ~
~ I I UHHii na ; it
f~H:H5 UH ~~~
=u;uu UU _c~
.
.~q!11
H .. or-
"Iii ::j 0
III
II l:I (')
.. =
-I
i .. 6
. z r
i !l:
Joo
"CI ..
I ~
~ !:
..
;
HARBOR CAY TOWII'NHOUSES
600 LAKESIDE HARBOUR
ao,ntcm _cb. I'IorIda
[RKB E--
........~_U......~...M...,.",....>>Of IfIg
~fU~ a.rior~pn
L//t'#ff/V~ ~
Ii
j'
-"~f""
~"<o,,II" ~
'.' ,...,'..... "
.{'7
\~ u
i~
PLli.NNING li.ND
ZONING DEPT
March 9, 2007
Board of Commissioners
The City of Boynton Beach
100 East Boynton Beach Blvd..
Boynton Beach, FL 33435
Re: DevelopmemOrder &tension
Gentlemen:
Please ~t our request for an extension of twelve months for Boynton Beach Resolution 06-097, a
Development Order for Harbor Cay Town Homes; an !PUD located within a few hundred feet North of
Gateway Boulevard on Federal Highway goingtowaxds the Intraooastal Waterway.
Due to various delays in obrnining approval for the underground utilities, only recently resubmitted
after substantial prior oonsultation along with the expectation of further oomments requiring additional
reronfiguration and another round of resubmission, and the sequential nature of the proress whereby
the plat cannot be delineated until the civil engineering is approved, and in light of the extensive
Conditions of Approval that must be addressed; it is not likelytbat a oonstruction permit will be secured
before the Development Order expires on May 2nd of 2007.
Thank you, in advanre, for your time and oonsideration. We trust tbat the Board of Commissioners
sballlook upon our petition with kindness and generousity.
Sid Rvon t
ChiefExecufive Officer
AmerCan Development Corp.
The Managjng Member for Harbor Cay, lLC
Harbor Ca)', LLe 605 lAkeside Harbor Driw:, Boynton Beach, Florida 33435, Tel: 561~734-3000 Fax: 561-72.4~3oo5
www.harborcay.com
EXHIBIT "D"
Conditions of Approval
Project name: Harbor CiJ.y
File number: SPTE 07-006
Reference:
DEP ARTMENTS 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 I X I
I BUILDING DIVISION I
Comments: None X
PARKS AND RECREATION
!
Comments: None X I
i
FORESTER/ENVIRONMENT ALIST I
I
I
I
Comments: None X I
i
I
PLANNING AND ZONING
I Comments: i
Conditions of Approval
Harbor Cay
SPTE 07-006
P ?
age _
DEPARTMENTS INCLUDE REJECT
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
2. The Applicant shall pay the Capacity Reservation Fee amount due to the City X
prior to fmal action by the City Commission on this Site Plan Extension
request.
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S :\P1anning\SHARED\ WP\PROJECTS\Harbor Cay\SPTE\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Harbor Cay
APPLICANT'S AGENT:
Mr. Sid E. von Rospeunt, Harbor Cay, LLC
APPLICANT'S ADDRESS:
605 Lakeside Harbor Drive, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5, 2007 postponed and
heard on July 17, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from May 2, 2007 until
May 2, 2008, for 23 proposed townhouses on a 1.429-acre parcel in
the IPUD zoning district.
LOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of
Gateway Boulevard.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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\SHARE D\WP\PROJECTS\Harbor Cay\SPTE 07 -006\DO .doc
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
B. Adoption of Agenda
Motion
A motion was made by Ms. Heavilin to approve the agenda with the changes. Ms. Horenburger
seconded the motion that passed unanimously.
V. Consent Agenda
A. Approval of the Minutes-CRA Board Meeting-April 1, 2007
(pulled by Ms. Horenburger)
B. Approval of the Monthly Financial Report and Budget Amendment
C. Sea Mist Acquisition Status (info. only)
(pulled by Ms. Heavjlin)
D. Review of Infill Site Plans & Home
(pulled by Rev. Chaney)
E. Marketing and Communications Update (info. only)
F. Residential Improvement Grant Program (info. only)
(pulled by Ms. Heavilin)
VI. Public Comments
Chair Tillman opened the floor for public comments. No one having come forward, Chair
Tillman closed the floor to public comments.
VII. Public Hearing
Old Business:
None
New Business:
Attorney Spillias announced Items VILA. and VII.B. were quasi-judicial proceedings. He
provided an explanation of the quasi-judicial procedures and requested board members disclose
whether they had any ex-parte communications. None were disclosed
Attorney Spillias administered the oath to all persons who would testify.
A. Harbor Cay
Site Plan Time Extension
2
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Description:
Harbor Cay (SPTE 07-006)
Sid E. von Rospeunt, Managing Member for Harbor
Cay, LLC
Harbor Cay, LLC
East side of Federal Highway; approximately 150 feet north of
Gateway Boulevard
Request for a one (1) year site plan time extension for Harbor
Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007
to May 2, 2008.
1.
Project:
Agent:
Owners:
Location:
Kathleen Zeitler, City Planner, set forth the request and advised the project was approved for
23 townhouse buildings ranging from 2,534 square feet to 2,599 square. The project was
delayed due to required reconfiguration of underground utilities, civil and engineering plan
revisions, platting delays and construction plan revisions necessary to address the conditions of
approval. Their concurrency project buildout year is 2009. The site plan time extension was
still subject to the original 85 conditions of approval. Staff recommended approval to extend to
May 2, 2008, with the following conditions of approval: (1) the site plan time extension would
be subject to all previous conditions of approval; and (2) the applicant would pay the Capacity
Reservation Fee amount due to the City prior to final action by the City Commission on the site
plan time extension request.
Chair Tillman opened the floor for public hearing.
Sid E. von Rospeunt, Representative of AmerCan Development Corp., Managing
Partner for Harbor Cay, LLC, set forth the circumstances surrounding the requested extension.
He advised they had worked with City staff on the water issue for the past eight months. A
six-foot wide public easement was recently discovered on their property, and would be utilized
to remedy the issue.
Bonnie Jones, 628 Lakeside Harbor Drive, commented the homeowners had tried to work
with Mr. von Rospeunt; however, he was not willing to work with them on several issues with
respect to the entry gate, community dock and Lakeside Harbor Drive. The homeowners would
like for the project to move forward and upon approval of the extension, would request
construction of a privacy wall and for the gate to be moved back.
Mark Maher, owner of the property at 618 Lakeside Harbor Drive adjoining the
developer's property on the southeast side, remarked the extension should have been applied
for in advance of the expiration of the site plan time extension, and he did not believe the
developer had any intention of building. He believed the project would be beneficial and would
agree with the extension if the developer installed a stucco masonry wall on the site separating
the single-family properties from the project; relocated the residential community gate to the
east side of his property, ensuring it was in proper working order; and completed all work
within the next four months.
3
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Mr. von Rospeunt responded as follows: (1) they had no objection to the gate being removed;
however, if it was removed, application would have to be made for a building permit and it
would be necessary to have a turnaround lane installed in front of the gate and past their
property; (2) the road currently at the site is approximately five to six feet less in width than
the new road they were are putting in; (3) when the developer purchased the property, the
gate was inoperable as it was damaged by the hurricane; (4) they improved the site by ridding
the property of rats and undesirable apartment dwellings; and (5) the site plan provided for a
masonry wall to separate the residences from the project.
Mr. Sims requested clarification as to the issue of the wall and inquired as to when the wall
would be constructed.
Mr. von Rospeunt advised they could not build a wall unless they had the approval of their
utilities and a development order. No one would issue any permits to them for a perimeter wall
in order to protect the residents at Harbor Cay, as well as to the south, north and east of the
community .
No one else having come forward, Chair Tillman closed the floor for public hearings.
Chair Tillman commented he had listened to several extension requests and project proposals
and on several occasions, homeowners professed their opposition to the project. However,
there appeared to be no overall resistance to this project, with the exception of some minor
issues which should be worked out. Secondly, with regard to the issue previously addressed by
Ms. Horenburger wherein the City Commission would explore an 18-month extension in lieu of
the 12-month extension, Chair Tillman inquired of staff whether this had been explored and the
status with respect thereto.
Kathleen Zeitler advised the Code had been revised to allow for 18 months instead of 12
months for the initial site plan approval.
Ms. Heavilin expressed confusion as to severa: of the comments made. The applicant did not
respond to the issue of the dock damage and she requested he do so.
Mr. von Rospeunt maintained they had addressed the dock issue with the homeowners on
several occasions. They pulled permits for the dock and filed the extension for the dock permit;
however, they would want to perform the dock work when the entire area was redone in order
to avoid construction of a substandard dock. The developers had suggested they would remove
the dirt and put in gravel and brick pavers, similar in fashion as shown in the site plan for the
pool area and plaza.
Rev. Chaney requested that Mr. von Rospeunt clarify the commitments made by the developer.
Mr. von Rospeunt commented they committed to build a new dock to enrich the community,
and it was their intention to do so. However, if they bore the expense, they would build the
dock to their specifications in order that it would be constructed properly.
4
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Rev. Chaney inquired of staff whether any Tax Increment Funding (TIF) or other incentive
funding was involved in this extension.
Mr. Zeitler replied there were none.
Ms. Horenburger remarked that it appeared the developer was unable to move forward with the
project for the reasons outlined in the backup material. However, after considering all of the
comments made, she concluded there was also a problem with cooperation on both sides. She
inquired as to why the developer was unable to meet the City's requirement to pay the Capacity
Reservation Fee within seven days of the original site plan approval and whether this was an
undue requirement which the developer could not meet while others could.
Mr. von Rospeunt commented they considered the requirement to be unreasonable as they did
not know how many water meters were needed at the time.
Ms. Horenburger inquired of staff as to how COMmon it was for people to not pay their Capacity
Reservation Fee in a timely matter.
Ed Breese, Principal Planner, indicated the fee was generally paid within seven days.
Motion
Ms. Horenburger moved to grant the request for a six-month time extension, subject to
payment of the Capacity Reservation Fee and compliance with all of the other conditions of
approval. Mr. Sims seconded the motion for discussion purposes.
Chair Tillman advised he believed granting a six-month extension could set a negative
precedent, as it had been the City's policy to grant twelve-month extensions. Further, the
developer requested the twelve-month extension in order to deal with hardships and Chair
Tillman would want the developer and homeowners in the adjacent communities to have as
much time as needed in order to resolve the issues.
Mr. Sims contended he would be concerned about setting a precedent and would not be
comfortable with granting a six-month extension at this time, although it could be something
for the board to explore. He added he hoped the developer and homeowners would work
through the issues within the year, as he would be hard pressed to vote in the developer's favor
again.
Ms. Heavilin advised that she would support the 12-month extension and urged the developer
and residents to be open minded and work things out.
Rev. Chaney commented he would support the 12-month extension as well and emphasized
cautioning developers coming into the City to do due diligence in working with neighbors, as it
was the board's responsibility to ensure the needs of the entire community would be served.
5
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
May 8, 2007
Ms. Horenburger inquired of Attorney Spillias whether the board would be setting a precedent if
the Capacity Reservation Fee was not paid as required by the City's Code.
Attorney Spillias advised the standard for making a decision was based upon competent
substantial evidence to support the decision. In terms of precedent, the board members would
have to consider whether they treated people who were similarly situated in a similar fashion.
These were basically the standards to be applied by the board in making a determination. If
the board believed there was substantial evidence that established the individual was not
similarly situated, that would be the basis for a decision to grant something other than a year's
extension. If the board did not believe the differences in this instance were significant enough
to determine Mr. von Rospeunt was not similarly situated, then there would be no evidence.
Staff had recommended a year's extension after their review, which would be part of the record
as well.
Chair Tillman called the question on the motion to grant a six-month extension.
Vote
The motion failed 1-4, Rev. Chaney, Ms. Heavilin, Mr. Sims, and Chair Tillman dissenting.
Motion
Mr. Sims moved to approve the one (1) year site plan time extension including all conditions
recommended by staff. Ms. Heavilin seconded the motion which passed 4-1, Ms. Horenburger
dissenting.
B. Boynton Beach Lofts
Site Plan time Extension
1.
Project:
Agent:
Location:
Description:
Boynton Beach Lofts (SPTE 07-007)
Bradley Miller, Miller Land Planning Consultants
James A. Seifert/Addison Properties of South Florida, Inc.
623 South Federal Highway
Request for a second one (1) year site plan time Extension for site
plan (NWSP 05-008) and height exception (HTEX 05-001)
originally approved on April 19, 2005, from April 19, 2007 to April
19, 2008.
Gabriel Wuebben, Planner, provided an overview of the project. The Planning & Zoning Division
received the extension request on April 4, 2007, approximately ten days prior to the expiration
of the previous site plan time extension. According to the applicant, since the project's last site
plan time extension, the developer had completed working drawings, had worked toward the
marketing and sales of future units, completed a website, cared for onsite landscaping and
secured County Civil permits. To date, the developer had spent nearly $730,000 toward the
project. However, as a result of current market conditions, the developer was not able to pull a
permit and was currently working with the CRA to modify the plans to make the project more
6
VIII.-PUBLIC HEARING
ITEM B. i
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Fina] Form Must be Turned
Meetin~ Dates in to City Clerk's Office
~ August 2], 2007
o September 4, 2007
o September 18,2007
o October 2, 2007
NATURE OF
AGENDA ITEM
Requested City Commission
Meeting Dates
August 6, 2007 (Noon.) 0 October ]6,2007
August 20, 2007 (Noon) 0 November 7,2007
September 3, 2007 (Noon) 0 November 20, 2007
September] 7,2007 (Noon) 0 December 4,2007
o AnnouncementslPresentations 0
o Administrative 0
o Consent Agenda ~
o Code Compliance & Legal Settlements 0
~ Public Hearing 0
Date Final Form Must be Turned
in to Citv Clerk's Office
October] , 2007 (Noon
October 15, 2007 (Noon)
n
November 5, 2007 (No<Sj
C-
November] 9, 2007 (N~)
City Manager's Report ~
New Business
C'?--t
:::j-<
-<c,
(J""
;--'cn
,"110
:::J-<
::::::z:
ui-l
o
Oz
.,.,
"'T'lClJ
-I'Tl
('"");>
",('"")
:r:
Legal
Unfinished Business
-0
::J:
.r:-
N
W
RECOMMENDATION: Please place this request on the August 21,2007 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading, for the transmittal for state review. The Planning and Development
Board on July 24,2007, recommended that the request be approved, subject to coordination occurring between the applicant
and representatives from the adjacent Four Sea Suns CondomimUill intended to address concerns raised at the hearing For
further details pertaining to this request, see attached Department Memorandum No. 07-052.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Proposed Use:
Boynton Bay (LUAR 07-002)
Weiner & Aronson, P .A.
The Hamlet, L TD
West of Federal Highway and south of Gateway Boulevard
Request to amend the Comprehensive Plan Future Land Use Map from High Density
Residential (HDR) to Special High Density Residential (SHDR); and
Request to rezone from Multi-Family Residential (R-3) to Planned Unit Development
(PUD).
Residential development consisting of 420 residential units (240 existing for-rent units,
180 new for-sale units including 45 for-sale work-force units) for an overall density of
19.93 dwelling units per acre (dulac).
This is the "transmittal" hearing. If approved this item will be provided to the DCA for review, and ultimately return to the
commission agenda for final reading in November or December.
PROGRAM IMPACT: N/A
FISCAL IMP ACT: NI A
ALTERNATIVES: N/A ~
D,~p~Dr~rr'''~
~~~
City Manager's 19nature
Assistant to City Manager ~
Plannmg and Zo irector City Attorney I Finance
S:\Planning\SHAREDlWP\PROJE TS\Boynton Bay\LUAR 07-002\Agenda Item Request Boynton Bay LUAR 07-002 8-21-07.doc
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH~ FLORlDA~ AMENDING ORDINANCE 89-38
BY AMENDING THE FUTURE LAND USE ELEMENT
OF THE COMPREHENSIVE PLAN FOR A PARCEL
OWNED BY THE HANLET~ LTD.~ AND LOCATED AT
499 BOYNTON BAY CIRCLE~ WEST SIDE OF
NORTHEAST 4TH STREET~ WHICH IS WEST OF
FEDERAL HIGHWAY AND SOUTH OF GATEWAY
BOULEVARD; CHANGING THE LAND USE
DESIGNATION FROM HIGH DENSITY RESIDENTIAL
TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) ;
PROVIDING FOR CONFLICTS~ SEVERABILITY~ AND
AN EFFECTIVE DATE.
17
WHEREAS~ the City Commission ofthe City of Boynton Beach, Florida has adopted
18
a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19
pursuant to Ordinance No. 89-38 and in accordance with the Local Government
2011
2111
I!
Comprehensive Planning Act; and
WHEREAS~ the procedure for amendment of a Future Land Use Element of a
22
Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
23
WHEREAS~ after two (2) public hearings the City Commission acting in its dual
24
capacity as Local Planning Agency and City Commission finds that the amendment
25
hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
26
the best interest of the inhabitants of said City to amend the aforesaid Element of the
27
Comprehensive Plan as provided.
28
NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COMMISSION OF THE
29
CITY OF BOYNTON BEACH~ FLORlDA~ THAT:
30
Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
31
herein by this reference.
S:.CA.ordinances\Planning:Land Use\Boynton Bay.doc
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
1
2 following:
3 That the Future Land Use ofthe following described land located at 499 Boynton Bay
4 Circle, west side of Northeast 4th Street, which is west of Federal Highway and south of
5 Gateway Boulevard; changing the land use designation from High Density Residential to
6 Special High Density residential (SHDR).
7
8 See Legal Description attached hereto
9
10 Subject to easements, restrictions, reservations, covenants and
11 rights of way of record.
12
13 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe
14 Future Land Use Plan shall be amended accordingly.
15 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
16 Section 5: Should any section or provision of this Ordinance or any portion thereofbe
1 7 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
18 remainder of this Ordinance.
19 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
20 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
21 Land Development Regulation Act. No party shall be vested of any right by virtue of the
22 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges,
23 including appeals, are exhausted. In the event that the effective date is established by state law or
24 special act, the provisions of state act shall control.
S:ICA 10rdinanceslPlanninglLand UselBoynton Bay.doc
1
FIRST READING this _ day of_
,2007.
2
SECOND, FINAL READING and PASSAGE this _ day of
.2007.
3
CITY OF BOYNTON BEACH- FLORIDA
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22 Janet M. Prainito, CMC
23 City Clerk
24
25
26 (Corporate Seal)
27
Mayor- Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
S :\CA\Ordinances\Planning Land Use\Boynton Bay.doc
1 THAT PART OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
2 BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
3 ALL THAT PART OF LOTS 20 THROUGH 26, INCLUSIVE, OF SAM BROWN JR.'S
4 HYPOLUXO SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
5 RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS, PALM BEACH
6 COUNTY, FLORIDA, LYING WESTERLY OF THE WEST LINE OF THE EAST
7 340 FEET OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
8 BEACH COUNTY, FLORIDA.
9 LESS HOWEVER, THE SOUTH 60 FEET OF LOT 22.
10 ALSO LESS, THE FOLLOWING DESCRIBED PARCEL OF LAND;
11 FROM THE SOUTHWEST CORNER OF LOT 20 LYING IN SAID SAM BROWN
12 JR.'S HYPOLUXO SUBDIVISION RUN NORTH 2002'25" WEST ALONG THE
13 WEST LINE OF LOTS 20, 21 AND 22, A DISTANCE OF 379.12 FEET TO A
14 LINE 60 FEET NORTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO,
15 THE SOUTH LINE OF SAID LOT 22; THENCE SOUTH 89056'48" EAST,
16 ALONG SAID LINE, A DISTANCE OF 25.02 FEET TO THE POINT OF
17 BEGINNING; THENCE NORTH 2002'25" WEST, ALONG A LINE THAT LIES 25
18 FEET EASTERLY OF THE WEST LINE .OF SAID LOT 22, A DISTANCE OF
19 61.08 FEET; THENCE SOUTH 890 57'23 E., A DISTANCE OF 364.25 FEET;
20 THENCE NORTH 0002'37" EAST, A DISTANCE OF 58.89 FEET; THENCE
21 SOUTH 89057'23" EAST, A DISTANCE OF 20.0 FEET; THENCE NORTH
22 0002'37" EAST, A DISTANCE OF 24 FEET; THENCE SOUTH 89057'23" EAST,
23 A DISTANCE 8 FEET; THENCE NORTH 0002'37" EAST, A DISTANCE OF 70.6
24 FEET; THENCE SOUTH 89057'23" EAST, A DISTANCE OF 159.6 FEET; THENCE
25 SOUTH 0002'37" WEST, A DISTANCE OF 70.6 FEET; THENCE SOUTH 89057'23"
26 EAST, A DISTANCE OF 20 FEET; THENCE SOUTH 0002'37" WEST, A
27 DISTANCE OF 29.95 FEET; THENCE DUE EAST, ALONG A LINE THAT IS 602
28 FEET SOUTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO THE
29 NORTH LINE OF LOT 26 OF SAID SAM BROWN JR.'S HYPOLUXO SUBDIVISION,
30 A DISTANCE OF 377.17 FEET TO A POINT IN A LINE THAT IS 365 FEET
31 WESTERLY OF AND PERPENDICULAR TO THE EAST LINE OF SECTION 16,
32 TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE S.1 053'20" EAST, ALONG
33 SAID LINE, A DISTANCE OF 114.06 FEET TO THE NORTH LINE OF SAID
34 SOUTH 60 FEET OF LOT 22; THENCE NORTH 89056'48" WEST ALONG SAID
35 LINE, A DISTANCE OF 950.13 FEET TO THE POINT OF BEGINNING.
36 TOGETHER WITH:
37 THE EAST 340 FEET OF THAT PART OF LOTS 20 TO 26, INCLUSIVE, OF
38 SAM BROWN JR.'S HYPOLUXO SUBDIVISION LYING IN SAID SECTION
39 16, AS RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS OF PALM
40 BEACH COUNTY, FLORIDA, LESS THE EAST 60.0 FEET THEREOF
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF THE HAMLET, LTD.,
6 AMENDING ORDINANCE 02-013 TO REZONE A
7 PARCEL OF LAND LOCATED AT 499 BOYNTON
8 BAY CIRCLE, ON THE WEST SIDE OF
9 NORTHEAST 4TH STREET WHICH IS WEST OF
10 FEDERAL HIGHWAY AND SOUTH OF
11 GATEWAY BOULEVARD, AS MORE FULLY
12 DESCRIBED HEREIN, FROM MULTI-FAMILY
13 RESIDENTIAL (R-3) TO PLANNED UNIT
14 DEVELOPMENT (PUD); PROVIDING FOR
15 CONFLICTS, SEVERABILITY, AND AN
16 EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
') n . and
~ v, I
21 WHEREAS, The Hamlet, LTD., owner of the property located at 499 Boynton Bay
22 Circle, west side of Northeast 4th Street, which is west of Federal Highway and south of
23 Gateway Boulevard in Boynton Beach, Florida, as more particularly described herein. has
24 filed a Petition, through its agent, Weiner & Aronson. P.A., pursuant to Section 9 of
25 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach. Florida. for the
26 purpose of rezoning a parcel of land, said land being more particularly described hereinafter.
27 from Multi-Family Residential (R-3) to Planned Unit Development (PUD); and
28 WHEREAS, the City Commission conducted a public hearing and heard testimony
I
29 and received evidence which the Commission finds supports a rezoning for the property
3 0 hereinafter described; and
31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA\Ordinances\Planning\RezoningRezoning -Boynton Bay.doc
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the public hearing heretofore referenced; and
3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
7
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
8 herein by this reference.
Section 2.
The following described land located at 499 Boynton Bay Circle, west
9
10 side of Northeast 4th Street, which is west of Federal Highway and south of Gateway
11 Boulevard in Boynton Beach, Florida, as set forth as follows:
12
13 See legal description attached hereto
14
15 Subject to easements, restrictions, reservations, covenants and
16 rights-of-way of record.
17
18 be and the same is hereby rezoned from Multi-Family Residential (R-3) to Planned Unit
19 Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of
2 0 this Ordinance by reference.
21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
22 accordingly.
23 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
24 repealed.
25 Section 5. Should any section or provision of this Ordinance or any portion thereof
26 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
S :\CA \Ordinances\Planning\Rezoning\Rezoning -Boynton Bay.doc
1 the remainder of this Ordinance.
2 Section 6. This ordinance shall become effective immediately upon passage.
5
6
7
8
9
10
11
12
13
14
15
16
171
18
l q ! .
;~ II
211
22\
23
24
25
26
27
3
FIRST READING this _ day of
,2007.
.2007.
4
SECOND, FINAL READING and PASSAGE this _ day of
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor -- Jerry Taylor
Vice Mayor ~ Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner-- Carl McKoy
S:\CA\Ordinances\Planning\Rczoning,Rezoning -Boynton Bay.doc
) )
1 THAT PART OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
2 BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
3 ALL THAT PART OF LOTS 20 THROUGH 26, INCLUSIVE, OF SAM BROWN JR.'S
4 HYPOLUXO SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
5 RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS, PALM BEACH
6 COUNTY, FLORIDA, LYING WESTERLY OF THE WEST LINE OF THE EAST
7 340 FEET OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM
8 BEACH COUNTY, FLORIDA.
9 LESS HOWEVER, THE SOUTH 60 FEET OF LOT 22.
10 ALSO LESS, THE FOLLOWING DESCRIBED PARCEL OF LAND;
11 FROM THE SOUTHWEST CORNER OF LOT 20 LYING IN SAID SAM BROWN
12 JR.'S HYPOLUXO SUBDIVISION RUN NORTH 2002'25" WEST ALONG THE
13 WEST LINE OF LOTS 20, 21 AND 22, A DISTANCE OF 379.12 FEET TO A
14 LINE 60 FEET NORTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO,
15 THE SOUTH LINE OF SAID LOT 22; THENCE SOUTH 89056'48" EAST,
16 ALONG SAID LINE, A DISTANCE OF 25.02 FEET TO THE POINT OF
17 BEGINNING; THENCE NORTH 2002'25" WEST, ALONG A LINE THAT LIES 25
18 FEET EASTERLY OF THE WEST LINE "OF SAID LOT 22, A DISTANCE OF
19 61.08 FEET; THENCE SOUTH 890 57'23 E., A DISTANCE OF 364.25 FEET;
20 THENCE NORTH 0002'37" EAST, A DISTANCE OF 58.89 FEET; THENCE
21 SOUTH 89057'23" EAST, A DISTANCE OF 20.0 FEET; THENCE NORTH
22 0002'37" EAST, A DISTANCE OF 24 FEET; THENCE SOUTH 89057'23" EAST,
23 A DISTANCE 8 FEET; THENCE NORTH 0002'37" EAST, A DISTANCE OF 70.6
24 FEET; THENCE SOUTH 89057'23" EAST, A DISTANCE OF 159.6 FEET; THENCE
25 SOUTH 0002'37" WEST, A DISTANCE OF 70.6 FEET; THENCE SOUTH 89057'23"
26 EAST, A DISTANCE OF 20 FEET; THENCE SOUTH 0002'37" WEST, A
27 DISTANCE OF 29.95 FEET; THENCE DUE EAST, ALONG A LINE THAT IS 602
28 FEET SOUTHERLY OF AND AS MEASURED AT RIGHT ANGLES TO THE
29 NORTH LINE OF LOT 26 OF SAID SAM BROWN JR.'S HYPOLUXO SUBDIVISION,
30 A DISTANCE OF 377.17 FEET TO A POINT IN A LINE THAT IS 365 FEET
31 WESTERLY OF AND PERPENDICULAR TO THE EAST LINE OF SECTION 16,
32 TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE S.1 053'20" EAST, ALONG
33 SAID LINE, A DISTANCE OF 114.06 FEET TO THE NORTH LINE OF SAID
34 SOUTH 60 FEET OF LOT 22; THENCE NORTH 89056'48" WEST ALONG SAID
35 LINE, A DISTANCE OF 950.13 FEET TO THE POINT OF BEGINNING.
36 TOGETHER WITH:
37 THE EAST 340 FEET OF THAT PART OF LOTS 20 TO 26, INCLUSIVE, OF
38 SAM BROWN JR.'S HYPOLUXO SUBDIVISION LYING IN SAID SECTION
39 16, AS RECORDED IN PLAT BOOK 1 PAGE 81, PUBLIC RECORDS OF PALM
40 BEACH COUNTY, FLORIDA, LESS THE EAST 60.0 FEET THEREOF
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 07-052
FROM:
Chair and Members
Planning & Development Board
Gabriel Wuebben ;7 ;J
Planner V)
Michael W. RumPf~
Director of Planning and Zoning
TO:
THROUGH:
DATE:
May 24, 2007
PROJECT NAME/NUMBER:
Boynton Bay/LUAR 07-002
REQUEST:
To reclassify the subject property from High Density Residential
(HDR, max. 10.8 dwelling units/acre) to Special High Density
Residential (SHDR, max. 20 dwelling units/acre) on the Future
Land Use Plan, and rezone from the Multi-family Residential (R-
3) District to Planned Unit Development (PUD).
PROJECT DESCRIPTION
Property Owner: The Hamlet, L TD
Applicant/Agent: Weiner & Aronson, P.A.
Location: 499 Boynton Bay Circle, west side of NE 4th Street (Exhibit "A")
Parcel Size: 21.07 acres
Existing Land Use: High Density Residential
Existing Zoning: R-3 - Multi-Family Residential
Proposed Land Use: Special High Density Residential (SHDR)
Proposed Zoning: PUD - Planned Unit Development
proposed Use: Residential development consisting of 420 residential units (240 existing
for-rent units, 180 new for-sale units) for an overall density of 19.93
dwelling units per acre (dujac).
Page 2
File Number: LUAR 07-002
Boynton Bay
Adjacent Uses:
North:
Property designated Low Density Residential (4.84 dujac) and zoned R-
lA, Single Family Residential.
South:
Property designated High Density Residential (10.8 dujac) and zoned R-
3, Multi Family Residential.
East:
Right-of-way of NE 4th Street, then property classified Special High
Density Residential (20 dujac) and zoned PUD, Planned Unit
Development (an existing development named The Preserve).
West:
Property designated Low Density Residential (4.84 dujac) and zoned R-
iA, Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment for transmittal to the Florida
Department of Community Affairs and the accompanying rezoning contingent upon the
attached conditions of approval. Staff's support is based upon the following reasons:
1. This request would be consistent with the policies of the Comprehensive Plan that
encourage creation of housing for low and moderate income households. It would create
forty-five (45) new workforce housing units and maintain two hundred forty (240)
existing workforce housing units;
2. This request would contribute to the overall economic development of the City by
reducing the critical shortage of workforce housing;
3. This request would generate tax revenue, contributing to the overall tax base of the
City;
4. This request would not create additional impacts on infrastructure that could not be
accommodated within existing capacities; and
5. The compatibility issue has been adequately addressed through project's design which
effectively mitigates potential negative impacts on the surrounding single-family
neighborhoods: the project's benefits would be significant enough to offset any
remaining concerns.
6. Staff has found the justification submitted in support of waivers with respect to parking
and maximum building height satisfactory, and therefore recommends that both waivers
be granted.
Prior to or concurrently with the processing of a site plan application, the applicant must submit
a request for a Code Review with regard to Ordinance 07-007, or, alternatively, submit a waiver
requesting relief from the "proportionality" requirements of this ordinance. The said
requirements, pertaining to the comparative characteristics of market and workforce housing
units, are not met by the proposed development.
Following the DCA's review, final adoption of the land use amendment and rezoning should only
be approved if a site plan for the development and the Code Review amending Ordinance 07-
007, or the waiver, are approved concurrently.
Page 3
File Number: LUAR 07-002
Boynton Bay
BACKGROUND
The applicant is requesting a land use amendment and rezoning in order to permit the partial
redevelopment of an existing for-rent residential development. The proposed redevelopment
would result in the construction of three (3) structures in the center of the existing
development; one (1) six-story structure and two (2) tiered structures ranging in height from
four to six stories. The existing development consists of seventeen (17) two-story apartment
buildings.
The land use amendment and rezoning application, which would result in the provision of forty-
five (45) for-sale workforce residential units, is accompanied by two requests for waivers of
development regulations. Waiver applications include a request for a reduction in the number of
required parking spaces and a request for an increase in maximum building height.
Workforce HousinQ
This is the first project proposed in accordance with the City's newly adopted workforce housing
ordinance. According to Ordinance 07-007, a developer requesting a higher density land use
and zoning category must provide workforce housing units. In this particular case, the
developer is requesting the Special High Density Residential land use designation, which
requires a set aside of twenty percent (20%) of the total number of proposed residential units
in the development for workforce housing. Twenty-five percent (25%) of these units shall be
set aside for Low Income Households, and seventy-five percent (75%) shall be set aside for
Moderate Income Households, as defined by Ordinance 07-007.
The ordinance currently mandates that the developer provide workforce housing units that
include unit types in the same proportion as the market rate units through the following
language:
i. If the Development contains a mix of different types of units, (e.g. condominium,
townhouse, detachecf, etc.), the proportion of workforce housing units of each type of
total workforce housing units must be approximately the same as the proportion of
market rate units of each type to total market rate units.
The first of these proportionality requirements is not applicable in this case, as all units
will be the same type.
ii. If the Development includes both for sale and for rent units, the proportion of for rent
Workforce housing units to for sale workforce housing units must not exceed the
proportion of for rent market rate units to for sale market rate units.
The second provision creates an unforeseen conflict in the case of this proposed
development. It currently includes two hundred forty (240) workforce housing rental
units; the new development would result in forty-five (45) for-sale workforce housing
units and one hundred thirty-five (135) for sale market rate units. Since there are no
for-rent market units, the above "proportionality" rule is not met.
iii. The number of bedrooms per unit must be proportionate between workforce and market
rate units.
Page 4
File Number: LUAR 07-002
Boynton Bay
The third provIsion also creates conflicts with the proposed development. With all
existing units rented as workforce housing units, it would be impossible for the
developer to achieve similar proportions of unit types (i.e. number of bedrooms) in the
proposed, for-sale component.
These last two provisions of Ordinance 07-007 are likely to be an issue in all requests involving
major modifications of existing developments. In consideration of this and future applications,
the City can consider amending the regulations to permit the disruption of proportionality under
special circumstances. Alternatively, the applicant may submit a waiver application requesting
relief from the "proportionality" requirements of this ordinance.
The developer has the right to apply for waivers or reductions of development standards in
cases in which compliance with a land development standard would preclude construction of a
residential project in which workforce housing units are included. In these cases, the applicant
is required to demonstrate that the waiver or reduction is necessary to make the workforce
housing units economically feasible and that such a waiver or reduction would not compromise
any of the City's life or safety standards. Waiver applications for this proposed development are
discussed in detail below.
The City of Boynton Beach Housing Needs Assessment (April 9, 2006) addresses the City's
shortage of affordable housing in detail, and pays concentrated attention to different sectors of
the City in particular need of relief. In the sections Affordability Gap by Owner Households and
Affordabi/ity Gap by Renter Households, the report demonstrates that the affordability gap (the
financial gap between median income and median housing costs) for the senior population is
greater than the average affordability gap city-wide. The addition of affordable units available
exclusively to senior residents should help address the shortage of affordable housing for the
population age 55 and over. The term "workforce housing" by definition does not preclude
these citizens, many of whom still are very active members of the workforce. The proposed
development would include one hundred eighty (180) more affordable, age-restricted units and
will maintain two hundred forty (240) existing affordable, age-restricted units.
PROJECT ANALYSIS
This land use amendment and rezoning pertains to a 21.07 acre parcel. Because of the size of
the property under consideration, the Florida Department of Community Affairs classifies this
amendment as a "large scale" amendment. A "large-scale" amendment is transmitted to the
Florida Department of Community Affairs for their review and comment prior to adoption.
Adoption must take place before the end of the 2007 calendar year and is tentatively scheduled
for late November or early December of this year.
MASTER PLAN ANALYSIS
According to the Land Development Regulations, all development and redevelopment requiring
a master plan must include the concurrent processing of the master plan with the application
for a land use amendment and rezoning. A conceptual master plan was submitted with the
original application, which is provided as Exhibit "B" and described below.
Page 5
File Number: LUAR 07-002
Boynton Bay
The conceptual master plan calls for the construction of three structures in the center of the
existing Boynton Bay residential development. The existing two-story apartment buildings at
the periphery of the property would remain primarily unchanged, with minor interior upgrades
and few exterior alterations to be requested under separate applications for minor site plan
modification and permit approval. The current circulation system would remain as-is. The
construction of the new residential structures would result in the loss of the majority of current
open space; the development would lose a tennis court, basketball court, large swaths of
greenspace, and miscellaneous recreational amenities. In their place, the developer proposes
to compensate with alternative facilities, including the addition of a second swimming pool, a
landscaped water-body and other landscaping details, as well as miscellaneous passive
amenities such as a beauty salon/barber shop, a general store/deli, a rooftop restaurant with
ocean views, a clubhouse, and a therapy room. The perimeter of the existing open space
would be fitted with parking spaces to accommodate the additional units as well as two drop-
off/pick-up points.
Waivers
As indicated above, the developer is entitled to apply for waivers, or reductions of development
standards in cases in which compliance with a land development standard would preclude
construction of a residential project in which workforce housing units are included. In these
cases, the applicant is required to demonstrate that the waiver or reduction is necessary to
make the workforce housing units economically feasible and that such a waiver or reduction
would not compromise any of the City's life or safety standards. In this proposed development,
the application for a land use amendment and rezoning hinges upon the City's Workforce
Housing ordinance. The developer has applied for two waivers, and has made a case that the
project can not be completed without the granting of both. The two waiver requests are
described as follows:
1. Parking - The addition of one hundred eighty (180) new units would create the need
for a substantial increase in parking pursuant to Chapter 2, Section 11(H)(16)(a) of the
Land Development regulations. The existing development consists of 240 residential
units, which require a total of four hundred ninety-three (493) parking spaces. Five
hundred thirty-four (534) parking spaces are currently provided on-site, providing a
surplus of forty-one (41) spaces. Based upon the proposed plans for the site, an
additional two hundred seventy-two (272) parking spaces would be needed to
accommodate the additional residential units. The developer proposes to provide one
hundred sixty-three (163) additional spaces, resulting in a project-wide shortage of
sixty-eight (68) spaces.
The developer has applied for a waiver to accommodate the reduction in the number of
required parking spaces associated with the additional units. The applicant contends the
City's parking regulations do not provide for reduced parking requirements for age-
restricted communities despite evidence that senior residents utilize fewer cars than
non-senior residents. Of the two hundred forty (240) existing units, the applicant has
indicated that only one hundred ninety-five (195) currently have a vehicle registered.
Currently, 75% of the affordable rental units are set aside for seniors aged 55 and older.
A high percentage of these apartments are occupied by a single adult, many of which
have either one or no car. The applicant states that transportation in the form of a
shuttle and meal services are provided by the Mae Volen Senior Center, which escorts
Page 6
File Number: LUAR 07-002
Boynton Bay
residents of Boynton Bay to various locations throughout south Palm beach County by
appointment. In addition, many of the residents use the public bus system and the
trolley service that stops directly in front of Boynton Bay on NE 4th Street. The applicant
also provided photographic evidence of the surplus of parking onsite. The photos, taken
at three different times of day over the course of three different days, do clearly indicate
that on-site parking is greatly underutilized. The applicant also provided extensive
written evidence supporting the request for reduced parking requirements. The
Institute of Transportations Engineers Parking Generation Manual 3rd Edition
demonstrates that the peak parking demand at Senior/Adult Housing on a weekday is
approximately one (1) parked vehicle per dwelling unit less than standard
residential/townhouse parking demand. The Institute of Transportation Engineers Trip
Generation Manual 7th Edition further supports this position with evidence of fewer trip
generations per dwelling unit at adult housing facilities. Finally, the applicant has
supplied a letter from traffic engineer Simmons & White, Inc. supporting the waiver
request and demonstrating that the waiver will not negatively impact the City's life or
safety standards.
The applicant has submitted a declaration of restrictive covenant in order to secure the
continuation of the development's age-restrictive status. This should assure that the
development of the property will not cause parking congestion, and that any future
development of the property, particularly that which may remove elderly housing
requirements, would result in mandatory Commission review. The declaration will be
recorded in the Public records of Palm Beach County and will run with the property.
Staff has examined the evidence supporting the applicant's request for a waiver
reducing parking requirements. The Institute of Transportations Engineers supports the
assertion that fewer spaces are provided for age-restricted communities such as this.
The professional opinion of a local engineering firm supported by statistical data also
lends great support to the request for a waiver, and the photographic evidence
demonstrates that parking is already greatly underutilized. Staff is convinced that a
waiver would not compromise any of the City's life or safety standards while assisting
the developer construct workforce housing units, and therefore supports granting the
waiver of parking requirements.
2. Height - The developer has also requested a waiver to increase the maximum structure
height from 45 feet to 63 feet - 3 inches. The applicant is requesting an increase in
maximum height in order to construct at six (6) stories, stating that this increase is
critical to the economic feasibility of the proposed redevelopment in order to (a.) help
preserve existing affordable senior rental housing, (b.) counter land costs, and (c.)
accommodate the cost to develop well-conceived community facilities that will attract
active senior home-buyers.
o The applicant states that a capital influx is necessary to counter the expiration of
tax credits established over fifteen (15) years ago. These credits required the
developer to maintain housing at affordable levels for seniors over age fifty-five
(55) with income below sixty percent (60%) of the area median income. With
the expiration of these credits in December of 2006, there is no longer a source
of capital available to maintain the property at its current affordability. The
Page 7
File Number: LUAR 07-002
Boynton Bay
proposed development will allow the applicant to redevelop the property through
an extensive capital improvement plan.
o The applicant met with the Florida Housing Finance Corporation regarding the
release of the collateral of the 2 acres from the mortgage on the rental
community. The Florida Housing Finance Corporation stated that as a lender on
the property they require the applicant to pay down existing loans in an amount
equal to the appraised value for the land/collateral that will be released from the
note plus the value of any required easements. The applicant is in the process
of obtaining an appraisal, and estimates that value will be approximately $2
million. The applicant states that the increase in land costs over recent years
has led to difficulty in accomplishing the proposed development as it currently
stands. The increased height will allow the cost of land to be distributed over a
greater number of units, generating an economically feasible land basis for the
overall development.
o The applicant states that a lower maximum height would require either the
demolition of existing rental units and/or a reduction in the quality of the
proposed development to a point that would render the project unfeasible due to
lack of interest in an uncompetitive product.
Staff has considered the applicant's request for a waiver to increase maximum building
height from forty-five feet (45') to sixty-three feet three inches (63' 3''). The project pro
forma submitted with the application for the waiver demonstrates the financial
infeasibility of the project when producing fewer than the proposed one hundred eighty
(180) for sale units. The developer has worked with staff to attempt to mitigate the
difference in the proposed heights and those of surrounding buildings. The original
plans called for the two larger structures to the west (those closest to the abutting
single-family residential neighborhood) to provide consistent massing from the first
through sixth floors, with twelve (12) units per floor throughout the structures. In order
to soften the change in maximum height between the proposed structure and
neighboring residential, the developer has altered the design of the structures to create
a layered, ascending silhouette. In this altered plan, the single-family neighborhood
would abut the existing two-story apartment structures which form the periphery of the
development, which would then abut the first tier of the proposed structure at four
stories (the currently approved maximum structure height). The first four stories would
provide twelve units per floor. The structure would climb to five stories, at eight units
per floor, before culminating in a pinnacle at six-stories, where six units would top the
structures (see exhibit B).
The applicant has also positioned the proposed structures so as to distance them as
greatly as possible from the adjacent single-family homes. To the west, single-family
subdivisions abut the development's existing two story apartment buildings. The
proposed buildings are to be located eastward across an interior street from the single-
family homes, over one hundred fifty-six feet (156') from the property line. The
buildings would also be over one hundred seventy-six feet (176') from the abutting
properties to the south and over two hundred fifty-nine feet (259') from abutting
Page 8
File Number: LUAR 07-002
Boynton Bay
properties to the north. The property line to the east would be over four hundred eighty
feet (480') to the east of the easternmost building.
The applicant has demonstrated that providing workforce housing units within the
current maximum building height of forty-five feet (45') is financially unfeasible. The
applicant has worked with staff to mitigate the potentially negative impacts of the
proposed development, and the proposed re-design has successfully accomplished this.
Therefore, staff recommends that the waiver for an increased maximum structure height
be granted.
Pro forma
As indicated above, in applying for waivers the developer is required to demonstrate that the
waiver, or reduction of development standards is necessary to make the workforce housing
units economically feasible and that such a waiver or reduction would not compromise any of
the City's life or safety standards. The applicant submitted one project pro forma assuming a
maximum building height of three stories and resulting in a net loss of over $900,000. The
applicant submitted a second project pro forma which assumes a maximum building height of
six (6) stories and one hundred eighty (180) for sale units, resulting is a net profit of
approximately $4,000,000. The applicant has stated that the second scenario providing a
maximum building height of six (6) stories within selected sections of the proposed
development provides the minimum number of units and thus the minimum profit at which the
developer considers the project feasible.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited to, a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the City's risk manager. The planning
department shall also recommend limitations or requirements, which would have to be
imposed on subsequent development of the property, in order to comply with policies
contained in the comprehensive plan.
The property is not located in the hurricane evacuation zone. Therefore, this section of the
criterion is not applicable.
Staff has considered the application for a change in land use and rezoning in light of the
Comprehensive Plan. The project is clearly consistent with several of the City's policies,
while a number of others raise issues that need to be addressed.
The proposed development is consistent with the following City objectives and policies as
established in the Comprehensive Plan:
Page 9
File Number: LUAR 07-002
Boynton Bay
. Objective 1.13 (Future Land Use Element) Discourage urban sprawl by creating a
compact urban area within the City and the City's utility selVice areas.
The proposed development would result in intensifying density within an established
residential area, within an area already serviced by established City utilities and other
infrastructure.
. Policy 1.16.1 (Future Land Use Element) The City shall continue to adopt and/or revise
regulations to continue to enforce zoning regulations, which, unless provisions are made
for otherwise in the Problems and Opportunities section of this element, shall
correspond to the Future Land Use Plan in accordance with the following descriptions of
land use categories...
Special High Density Residential: This land use category... may be applied in
other areas of the City when utilized in conjunction with the provision of
affordable housing. The uses allowed in this land use category shall be limited
to, but shall not necessarily include, the following: Residential uses with a gross
density of not more than 20.0 dwelling units per acre...
In December of 2006 the City adopted the Comprehensive Plan text amendment,
removing the restriction that limited the application of the Special High Density
Residential Use Category to specific areas east of 1-95. Permitting this land use
designation with the residential density of 20 units per acre throughout the City for
developments providing affordable housing is intended to be a powerful policy tool for
the promotion of affordable housing. The subject request is the first one to take
advantage of this amendment and it is fully consistent with its intent.
. Policy 1.19.1 (Future Land Use Element) The City shall continue efforts to encourage a
full range of housing choices, by allowing densities which can accommodate the
approximate number and type of dwellings for which the demand has been projected in
the Housing and Future Land Use Elements, including the provision of adequate sites for
housing very-low, low-, and moderate income households and for mobile homes.
The Housing Needs Assessment indicates that the City is in need of affordable housing,
and the redevelopment would provide a range of for-rent and for-sale housing types, for
potential residents. With the implementation of workforce housing regulations, the
proposed development will further address the policy's call for the provision of housing
affordable to low well as moderate-income households.
. Policy 6.1.1 (Housing Element) The City shall provide information, technical assistance,
and explore possible incentives with the private sector to maintain a housing production
capacity sufficient to meet the community needs. Possible incentives could include
assistance in land assembly, below market rate financing, allowances to build on
nonconforming lots, and density increases.
The proposed development provides an opportunity for the City to assist the private
sector in maintaining housing production consistent with the City's needs.
Page 10
File Number: LUAR 07-002
Boynton Bay
The characteristics of the proposed development raise issues with regard to the following
City objectives and policies as established in the Comprehensive Plan:
· Objective 1.15 (Future Land use Element) The City shall encourage planned
development projects which are sensitive to characteristics of the site and to
surrounding land uses/ and mixed-use projects in locations which are appropriate/ and
utilize other innovative methods of regulating land development
· Policy 1.17.5 (Future Land use Element) The City shall continue to maintain and improve
the character of existing single-family and lower-density neighborhood~ by preventing
conversions to higher densities/ except when consistent with adjacent land use~ or with
implementing redevelopment plans including the Boynton Beach 20/20 Redevelopment
Master Plan.
The proposed development would create structures reaching six stories in the midst of
an otherwise relatively low-rise residential community which currently consists almost
exclusively of one and two-story residential structures - the only three-story buildings
are townhomes of the development named The Preserve, located east of the subject
property, across the right-of-way of NE 4th Street. The structures would create a major
shift in the existing community elevations, and surrounding single-family residential
developments may be negatively impacted by the change. The applicant has requested
a waiver of maximum height requirements to permit a maximum height of sixty-three
feet three inches (63/ 3/') where current regulations permit up to forty-five feet (45').
Further, the proposed change in land use would increase density from the existing 10.8
dujac to a maximum of 20 dujac, and contrast the density of 4.84 dujac allowed in the
adjacent single-family neighborhoods.
The applicant has mitigated the effect of the height difference by:
o locating the proposed structures at the very center of the existing development;
o creating ascending tiers within each of the two most eastward buildings: the
existing two-story buildings would abut four-story units, which climb to five
stories before providing six residential units at six stories. This layered effect
helps soften the discrepancy between the surrounding homes, while still
providing the applicant the units necessary to make the proposed development
economically feasible;
o positioning the proposed buildings to maximize distances to adjacent single-
family neighborhoods: to the west, neighboring single-family residential abuts
the development/s existing two-story apartment structures. The proposed
structures would be located eastward across an interior street from the single-
family properties, over one hundred fifty-six feet (156') from the property line.
The structures would also be over two hundred seventy-six feet (276') from the
abutting properties to the south and over two hundred fifty-nine feet (259')
from abutting properties to the north. The property line to the east would be
over four hundred eighty feet (480') to the east of the easternmost structure.
Page 11
File Number: LUAR 07-002
Boynton Bay
Staff concludes that this design adequately mitigates negative impacts on the surrounding
single-family neighborhoods.
The proposed development of the site calls for nearly twofold increase in density. Ordinarily,
a density of 20 units per acre may be considered incompatible with existing single-family
residential land uses. However, the City's growth, coupled with increasing land cost, will
continue to raise the average density in areas east of 1-95. The increased densities will call
for new and innovative design characteristics of new projects, allowing for a more
successful mitigation of land use conflicts and smoother transition between low-and higher
density developments. This is especially the case for projects with workforce housing
component; given the well-documented need, more will eventually request higher density
and attempt to develop or redevelop sites that would require very creative design to
mitigate negative impacts.
The unique site characteristics of the proposed development allows for such a design, which
successfully accommodates the higher density and increased height, mitigating negative
impacts on the surrounding neighborhoods to the greatest extent possible. The new
structures would be located at a significant distance from existing residential neighborhoods
at the very center of the community, and the structures themselves have been designed to
rise from the outside in, providing a gradual increase in height from the development's
periphery to the maximum height.
There should be no significant change in local traffic patterns as a result of the proposed
development. The impact would be limited to NE 4th Street, but as per the review of the
City Engineer, local streets will operate at acceptable levels of service. Since all new units
will be age-restricted, lower trip generation is expected.
The main benefit to the City is the creation of forty-five (45) for-sale workforce housing
units and the maintaining of two hundred forty (240) rental workforce housing units. Staff
concludes that the mitigation of the project's potential negative impacts is effective enough
for its benefits to offset any remaining concerns.
b. Whether the proposed rezoning would be contrary to the established land use pattern or
would create an isolated district unrelated to adjacent and nearby districts/ or would
constitute a grant of special privilege to an individual property owner as contrasted with the
protection of the public welfare.
The applicant has responded to this criterion by stating that "The proposed land use
amendment/rezoning would not create an isolated district and would relate to other
properties in the area that are currently or will be part of the revitalization of the area". The
applicant states that the proposed land use amendment/rezoning will not be contrary to the
established land use pattern. As discussed in the section above, staff recognizes that the
increase in density from 10.8 to 20 units per acre creates potential negative impact on
surrounding neighborhoods, especially on the low-density neighborhoods to the north and
west of the subject property. However, proposed project design includes a number of
features mitigating this impact. The tallest structure area will be directly east of the
development, across NE 4th Street, where a "nearby district" - a new residential
Page 12
File Number: LUAR 07-002
Boynton Bay
development named The Preserve - has similar Special High Density Residential land use
designation and structures reaching three stories. Thus, the proposed land use amendment
and rezoning would be a continuation of the Special High Density Residential land use
designation of The Preserve. This proposed development may foreshadow future
development which will likely reach similar densities and heights, especially in light of
increasing costs and the significant scarcity of land in the surrounding area.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed project addresses one of the City's major concerns in assuaging the current
affordable housing crisis. The workforce housing shortage has been recognized as a "Major
Issue" for the City in the 2006 Evaluation and Appraisal Report of the Comprehensive Plan.
Although not a completely new development with a workforce housing component, the
project would create forty-five for sale workforce housing units and maintain two hundred
forty (240) rental workforce housing units as defined in Ordinance 07-007.
d. Whether the proposed use would be compatible with utility systems/ roadways/ and other
public facilities.
The proposed mixed-use development is compatible with utility systems, roadways, and
other public facilities. This conclusion is based on the following analyses:
Potable Water and Sewer
Demands for water and sewer capacity will increase due to the addition of 180 residential
units onto the site. Total project demand for potable water is estimated to increase to
105,000 gallons per day (currently 60,000 gallons per day); demand for sewer capacity is
estimated to increase to 84,000 gallons per day (currently 48,000 gallons per day). The
applicant states that no water system improvements would be necessary to accommodate
the additional water flows. Also, the applicant states that after discussions with City staff,
preliminary evidence indicates that the existing sewage collection system is adequate to
accommodate the additional sewage flows.
The following is the information regarding the city's water and sewer capacity:
Water Plant capacity
Committed or allocated capacity*
SFWMD permitted withdrawals
Contracted amount to purchase from County
Wellfields' permitted capacity
Wellfields' committed capacity
Wellfield's remaining capacity
Expiration date of water use permit
34 MGD peak daily flow
24.05 MGD peak daily flow
21.5 MGD annual average daily flow
5 MGD peak daily flow
21.5 MGD annual average daily flow
16.5 MGD annual average daily flow
5 MGD annual average daily flow
August 14, 2010
Sewer Plant capacity 24 MGD annual average daily flow
Committed or allocated capacity* 19 MGD annual average daily flow
* Committed and allocated capacity includes current flows and future flows committed for projects that have been approved
but not yet completed
Page 13
File Number: LUAR 07-002
Boynton Bay
There are modifications but no expansions planned for either Water or Sewer plant. The
City will file application for Wellfield permit withdrawal increase to 24 MGD from the surficial
aquifer and 8 MGD from the Floridan aquifer.
Traffic
Palm Beach County traffic analysis projects the creation of 1,358 additional daily trips. As
the Palm Beach County Traffic Division promotes residential developments within the
designated "Coastal Residential Exception Areas", and because of the residential nature of
the proposed development, the County has indicated that it will not object to the proposed
land use development. Locally, City staff has carefully reviewed traffic impacts from this
project with particular emphasis placed on local City roads and concluded that all local
streets will operate at acceptable levels of service. Both the City and County staff paid
careful attention to Gateway Boulevard, which is expected to comply with County and City
standards related to traffic impact.
Schools
The project has received approval from the Palm Beach County School District regarding
school concurrency. The determination is valid for one (1) year from the date of issuance
(April 24, 2007). Once a development order has been issued for the project, the
concurrency determination will be valid for the lifetime of the Development Order.
Solid waste
The Palm Beach County Solid Waste Authority has determined that sufficient disposal
capacity exists through approximately 2021.
Drainage
Drainage will be reviewed in detail as part of site plan review, and must satisfy all
requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future use of
adjacent and nearby properties, or would affect the property values of adjacent or nearby
properties.
The compatibility issues and impact mitigation measures utilized in the project's design
have been reviewed in sections above. The proposed land use amendment/rezoning would
be compatible with the Future Land Use of The Preserve project located east of the subject
property. The proposed development may foreshadow future development which will reach
similar densities and heights, especially in light of increasing costs and the significant
scarcity of land in the surrounding area.
The proposed development is likely to have a positive effect on the property values of
adjacent and nearby properties. It will improve the overall aesthetic quality of the
neighborhood, while serving several beneficial roles in the City in general. The successful
development as proposed would provide a good example of the implementation of the
City's new Workforce Housing Ordinance, and may encourage other developers to
undertake similar developments, increasing the City's supply of affordable housing units.
The proposed development may also serve as a catalyst for more redevelopment efforts in
the area, improving an ageing housing stock.
Page 14
File Number: LUAR 07-002
Boynton Bay
f. Whether the property is physically and economically developable under the existing zoning.
The applicant responds to this criterion by stating that the SHDR land use and PUD zoning
designation would economically and physically permit the property to be developed.
However, no consideration is given to the question of existing land use and zoning. The
applicant suggests and supports through the provided pro forma that the redevelopment is
economically unfeasible without the increased density and building height.
The primary constraints for the proposed development are maximum densities and height
of the R-3 Zoning district. R-3 permits maximum density of 10.8 dujac, nearly one-half
what the developer claims necessary to make the project economically feasible. The
proposed project appears to achieve financial feasibility only at densities approaching 20
dujac.
g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the
neighborhood and the city as a whole.
The applicant states that the proposed land use amendmentjrezoning is of a beneficial
scale to the neighborhood and City as a whole. Staff, however, fully acknowledges the
compatibility issues stemming from the project's significant increase in density and height.
Staff also recognizes that the mitigation measures employed in the project design address
these issues to an extent possible, and the benefits of the project are thus likely to
outweigh its remaining negative impacts.
In terms of benefits to the neighborhood, the project will improve its overall aesthetic
quality and will probably have a positive effect on the property values of adjacent and
nearby properties. As noted before, the proposed development may also serve as a catalyst
for more redevelopment efforts in the area, improving an ageing housing stock.
The project's main benefit for the City is the expansion of the inventory of workforce
housing. The successful development as proposed would provide a good example of the
implementation of the City's new Workforce Housing Ordinance, and may encourage other
developers to undertake similar developments, further increasing the City's supply of
affordable housing units. Lastly, it increases the City's tax base.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts
where such use is already allowed.
The City's vacant land inventory is very low. The 2006 analysis shows five (5) vacant
residential parcels of 2 or more acres. However, the main issue is the expansion of the
City's affordable workforce housing stock. The workforce housing shortage is severe, and it
is likely to remain so even as the current residential real estate slump puts a downward
pressure on prices. The workforce housing ordinance established requirements which
should begin to add units to the workforce housing stock to ease the shortage. Projects
that produce such units need to be promoted, assuming that compatibility issues are
adequately resolved. The scarcity of vacant land as well as density requirements imply that
a great majority of workforce housing units will be built in redevelopment projects.
Page 15
File Number: LUAR 07-002
Boynton Bay
CONCLUSIONSI RECOMMENDATIONS
As indicated herein, this request is consistent with the policies of the Comprehensive Plan that
encourage creation of housing for low-and moderate income households and thus will
contribute to the overall economic development of the City. It has also been established that
the proposed development will not create additional impacts on infrastructure that cannot be
accommodated within existing capacities. Lastly, staff concluded that the compatibility issue has
been adequately addressed through project's design which effectively mitigates potential
negative impacts on the surrounding single-family neighborhoods. The project's benefits are
significant enough to offset any remaining concerns.
Staff has examined the evidence supporting the applicant's request for waivers reducing parking
requirements and increasing the maximum building height. The Institute of Transportations
Engineers supports the assertion that fewer spaces are provided for age-restricted communities
such as the proposed project. The professional opinion of a local engineering firm supported by
statistical data also lends support to the request for a waiver, and the photographic evidence
demonstrates that parking is already significantly underutilized.
Staff also concludes that the proposed project design successfully accommodates the increased
height, mitigating negative impacts on the surrounding neighborhoods to the greatest extent
possible. Therefore, staff recommends that the waiver for the increased maximum building
height be granted. Staff is convinced that a waiver with respect to parking and maximum
building height would not compromise any of the City's life or safety standards while assisting
the developer to construct workforce housing units.
Prior to or concurrently with the processing of a site plan application, the applicant must submit
a request for a Code Review with regard to Ordinance 07-007, or, alternatively, submit a waiver
requesting relief from the "proportionality" requirements of this ordinance. The said
requirements are not met by the proposed development.
Therefore, staff recommends that the land use amendment and rezoning be approved for
transmittal to the Florida Department of Community Affairs for their review and comment.
However, following the DCA's review, final adoption of the land use amendment and rezoning
should only be approved if a site plan for the development and the Code Review amending
Ordinance 07-007, or the waiver, are approved concurrently.
S:\Planning\SHARED\WP\PROJECTS\Boynton Bay\LUAR 07-002\Staff report Boynton Bay.doc
Exhibit "A" - Site Location Map
Boynton Bay
-.-j
r- f.;.;
}_ c;2
---i--
o 137.5 275
- --
550
825
1,100
I Feet
N
w*,
s
,..:,.-"......m-',,-, ...,....,n ..,
..____.~___~_".____m_____~ ____~__"____ --.-----~---.----.--.-
, .~... <<....""" ,,,. ,,,...,......... "..""_,,,,,... w..n. ..........' ".,~n'" "n "...,.,"""~_.. ".'" ..."..~.--. "" .......,~ ~". ".~, .r, .....V~ ''''' ,,,.......,,' ,un'" ~_-...,..,,,,..... ,........... ............." nnu''''''' ............~'... ',,,,,,,, "....-" ..,.,..,.,....-.' ...,,,,,.~',,, ~",.,. .,
EXHIBIT "B"
CONCEPTUAL SITE PLAN
_ ._..~L.o_ .~.._ 0- .~-.._.._oo_."_.'-
l'
I
I
I
I
I
I
!
i
I
I
1
I
!
i
j
I
1
I
i
I
',1
i
I
:4__"____' --1
I
i ~G,
i 0
i Z
j
. !
!
i
i
j
1
I
i
I
!
i
J-
'~b
L.._.._,;\.
,---,.1 "1-..-..[
lr7~~o=~--lT~\~~ 'I :
l.----:e
1--",
I '
I
..1
I
I
1-.
I
l1!
- ,
:-=--j:
-------------l
- I
______________,___J
0_0._..-..----.
_.._0._'.-"-"-
_,? i"l:- ~ ~
-t-
-.._.._0'_0
I
-.,-,,_.,_0._00_'
.-..-..-..-..-.
_.._.._.._..J
~C7
/
. J
I
[j
'-, '
%1 ~
:'';.
tV
;11
,
d)
,ll
J_ .
ji
-.
I,.
::.
rr'lr
: ~ ! ~
"0 I~
d~ i:
I,~,
~~ ~~I!ll
",<,,! 7, "".., "
1 ~ ~;~!!;-
.
. .. p
~ ;
i:,.
~ ~
"
i~
I
!
i
I
I
I
I
I
L..-
--'
EXHIBIT "B"
Proposed Building Location
o 0 02~9'U U 0 ~
f . .,- ..- -.,
! 15S-m:nx~J{[Jj;Ct~ ;0 : [,~
! 'f1---ftfomTfl_~ -
. ,W U ')...
.~ ~
EXHIBIT "B"
Proposed Building Massing
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD REGULAR MEETING
HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
JULY 24, 2007 AT 6:30 P.M.
7. New Business
A. Boynton Bay
Land Use Plan Amendment/Rezoning
DESCRIPTION:
Boynton Bay (LUAR 07-002)
Weiner & Aronson, P.A.
The Hamjet, LTD.
West of Federal Highway and south of
Gateway Boulevard
Request to amend the Comprehensive Plan
Future Land Use Map from High Density
Residential (HDR) to Special High Density
Residentiai (SHDR): and
1.
PROJECT:
AGENT:
OWNERS:
LOCATION:
Request to rezone from Multi-Family Residential
(R-3) to Planned Unit Development (PUD)
PROPOSED USE: Residential development consisting of 420 residential
Units (240 existing for-rent units, 180 new for-sale
Units) for an overall density of 19.93 dwelling units
per acre (dujac).
Chair Wische read the request.
Hanna Matras, Economic Planner, advised this was the first project utilizing the
provisions of the workforce housing ordinance approved April 3, 2007. The project was
a redevelopment of an existing project and was age-restrictive. The workforce housing
ordinance did not provide any restrictions as to households with the traditional labor
force age, as a large percentage of the population over the age of 55 still worked. The
ordinance provided the developer would have to sell 25% of 45 units to low-income
households. The remaining 75% would be sold to moderate-income households. She
pointed out the development currently included 240 workforce housing rental units
which were affordable. Financing of this project would ensure the units remained
affordable.
1
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
Gabriel Wuebben, Planner, discussed the request which was made by the applicant for
a property that consisted of approximately 21.07 acres. As a result of the size of the
property, the Florida Department of Community Affairs classified the amendment as a
large scale amendment, and as such, was required to be transmitted to the Florida
Department of Community Affairs (DCA) for review and comments prior to adoption. It
was necessary for adoption to occur prior to the end of the 2007 calendar and was
tentatively scheduled for late November or early December 2007.
The proposed development would result in the construction of three structures in the
center of the existing development, which consisted of 17 two-story rental buildings.
The applicant had positioned the taller structures toward the center of the
development, and the structures were a significant distance from the surrounding
single-family residential neighborhoods.
The residential structures would usurp a significant amount of green space, resulting in
the loss of recreational amenities. The developer would compensate for the loss with
alternative facilities, including a second swimming pool and landscaping, and passive
amenities, including a beauty salon/barber shop, a general store and a rooftop
restaurant. This project would be brought back with a site plan for review and
evaluation.
Pursuant to the workforce ordinance, the developer was permitted to apply for waivers
of development standards where compliance could preclude the construction of the
project's workforce housing units. The applicant applied for a parking waiver to
accommodate the reduction in the amount of required parking spaces associated with
the additional units. The applicant also applied for a waiver to increase the maximum
structure height from 45 feet to 63 feet, 3 inches.
Staff evaluated the application, and careful consideration was given to the project's
compatibility with the City's Comprehensive Plan. The project was compatible with the
Comprehensive Plan's delineation of standards, and contributed to the overall economic
development of the City by reducing the workforce housing shortage and generating tax
revenue for the City. It was not anticipated this project would significantly impact the
infrastructure not already accommodated.
A potential issue was the request for an increase in the maximum height. However, the
applicant had worked closely with staff to assuage whatever difficulties existed. Staff
concluded the mitigation of the project's potential negative impacts, if any, was
effective enough for its benefits to offset any remaining concerns.
In consideration of the applicant's efforts to soften the effect of the increased height,
staff was in support of the project. Staff therefore recommended the land use
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
amendment and rezoning be approved for transmittal to the DCA for their review, and
then final adoption of the land use amendment and rezoning be approved concurrent
with the site plan submission.
Chair Wische called for comments.
Jason Mankoff, Weiner & Aronson, P.A., discussed the staff report and the merits of
the proposed project.
Chair Wishe opened the floor for public hearing.
Ron Perella, 311 NE lih Avenue (the Four Sea Suns Condominium Association, which
was the property directly to the south of Boynton Bay), advised he requested Tom
Hinners clean up the boundary separating the properties and attend to the condition of
the fence, overgrowth of vegetation, and tall trees. Mr. Perella was assured of Mr.
Hinners' plans to attend to these issues in April 2007. Survey stakes were observed on
the Association's property. Thereafter, Mr. Hinners met with the Association's board
members and outlined his plans for one building in the center of his property. The
Association received notice of this hearing and presented letters from the residents in
opposition to the project. Concerns also pertained to increased traffic, fire and police
protection, safeguarding of the boundary line, parking and roadways.
Mr. Mankoff believed the applicant would resolve any issues. The property had
already been developed and the fa<;ade would be improved. He advised the project
was required to comply with traffic requirements and would include several amenities.
Additional roadways were proposed.
Tom Hinners, representing Boynton Bay, advised he had discussions with board
members of the Four Sea Suns Condominium Association and was informed any
development in the neighborhood would be welcomed. Landscaping of the boundary
was anticipated in September 2007. Approximately $6M would be expended to improve
the existing Boynton Bay development. Boynton Bay's surveyors determined the survey
sticks were placed at the property line. There were no plans to utilize that land. As to
the roadway, Mr. Hinners invited the residents of the Four Sea Suns Condominium
Association to become part of the Boynton Bay community by fencing in their property,
and allow them to utilize Boynton Bay's gatehouse entrance. Security guards were
currently situated at the property's entrance from 8:00 p.m. until 2:00 a.m., and police
officers reside within the community. The proposed development would allow for 24-
hour security service.
Chair Wische closed the public hearing.
Mr. Mankoff addressed concerns of the board and advised the area to be developed
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
consisted of a total of approximately 21 acres, with 2-1/2 acres in the center of the
property. The 55-and-older age restriction applied to the parking waiver. The applicant
had submitted a declaration of restrictive covenant in order to secure the continuation
of the age-restrictive status. There were no plans to provide designated parking spaces.
Cito Beguiristain, Vice President, Auburn Development, discussed affordable housing,
and set forth the criteria established with respect thereto. A percentage of the units
were required to be affordable for renters 62 and older, and a percentage for 55 and
older.
Dan Carter, 74 NE 5th Avent..:e, Delray Beach, landscape architect, currently had a
permit from the City to re-Iandscape the entire perimeter area to re-establish the native
scrub buffer, along with other materials to provide adequate buffers. He also met with
Mr. Hinners in order to further finesse the plan.
Steve Myott, 3012 Fernwood Drive, advised there currently was a sidewalk located on
one side of 4th Street, and there would be significant sidewalks for pedestrian use within
the new development as well.
Mr. Casaine contended additional facts and data, including an analysis of low and
moderate income units, and the subsidy element for low-income housing, was needed
in order for the board to come to a decision with respect to the project. He believed
the County's figures did not address the needs of Boynton Beach in terms of median
income. Without the proper financial data, workforce housing could be defeated. He
believed the project should be submitted to the DCA first and thereafter, the board
could make an evaluation and recommendation to the City Commission.
City Attorney Horowitz advised, procedurally, the State Statutes set out an order in
which the process would go forward. The City's Code of Ordinances also provided an
order of operations. The City Attorney's office was currently in the process of
discussing a declaration of strict covenants on this property.
Ms. Matras advised there was no data for the City with regard to workforce housing.
Federal and State programs were based on County-wide incomes. The CRA programs
were based on the County's income, as were all City programs. The American
Community Survey had now included Boynton Beach in its survey. However, the survey
was limited, and the income data indicated a high margin of error and was not
sufficient for staff's use. Therefore, staff based the program on the County's income.
Additionally, current data was required, as the most recent data for Boynton Beach was
based on the 2000 Census. All subsidy programs were based on County incomes. The
workforce housing ordinance provided for income qualifications relating to eligibility. All
purchasers of the condominiums would be required to proceed through the City's
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
Community Development Department, and staff would ensure the income
requirements, as well as any other subsidies, were met.
Mr. Mankoff pointed out, with regard to current and future applications involving major
modifications of existing developments, the City could consider amending regulations to
permit the disruption of proportionality under special circumstances. The applicant
could also submit a waiver application requesting relief from the proportionality
requirements of the workforce housing ordinance
City Attorney Horowitz advised, from a procedural standpoint, there were currently two
issues to be decided tonight. The first pertained to the Land Use Plan Amendment, and
the second to zoning. A separate motion would be required for each issue.
Ms. Matras advised if the board were to render a decision, the project would go before
the City Commission in August 2007, and within ten days of the City Commission
meeting, at the City Commission's discretion, the matter would be recommended for
transmittal to the DCA. The City Commission was the local planning agency, and the
Planning and Development board served as an advisory on this issue.
Motion
Mr. Casaine moved to table this issue until the next board meeting in order for staff to
provide the additional information to the board so that the board could render a
recommendation to the City Commission. Vice Chair Hay seconded the motion.
Chair Wische opened the floor for discussion.
The board discussed whether tabling the item would delay submission to the DCA, as
well as eligibility criteria required for purchasers of the proposed units. The board
suggested additional items to be provided by staff include formulas and analyses as to
income; anticipated income or revenue from the formulas; and the actual figures to be
presented by staff to the City Commission.
Ms. Matras addressed the timeframe issue pertaining to submission of the item, adding
it would have to be brought back in 2008, as staff would be submitting the EAR-based
(Evaluation and Appraisal Report) Amendment to the Comprehensive Plan. Thus, the
item would not be submitted until February or March 2008.
City Attorney Horowitz contended the developer might favor an unfavorable
recommendation, rather than a tabling, simply in the interest of timing.
Mr. Mankoff advised there were many issues other than scheduling issues. He believed
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
the board was provided with enough information to recommend approval or denial to
the City Commission, but would request, as a result of the uncertainty of the timing, the
board vote on this matter tonight.
Ms. Matras advised staff could not provide information other than what was supplied, as
the data on the income levels did not exist. The applicants, when purchasing the units,
would go through the Community Development Department. The income would be
verified and the applicants would either qualify or not.
Motion
Mr. Casaine wished to withdraw his previous motion, and moved to approve the request
made by the petitioner with the following caveats: (1) a formal meeting be held with
the residents present tonight, in order to assist them in the resolution of their issues;
and (2) City staff provide the City Commission with numbers that reflected median
incomes for Boynton Beach.
Attorney Horowitz advised two separate motions were required, one addressing the
density and one addressing the zoning. Thereafter, at the board's discretion, a third
motion could be made directing City staff as to the provision of median income data.
Motion
Mr. Casaine moved the board accept the density proposed by the petitioner. Vice Chair
Hay seconded the motion which passed 6-1, Mr. Blehar dissenting.
Motion
Mr. Casaine moved the board accept the zoning presented by the petitioner, with the
understanding they would meet with the residents who expressed concerns regarding
their property lines. Vice Chair Hay seconded the motion that passed 6-1, Mr. Blehar
dissenting.
Motion
Mr. Casaine moved to request City staff present the numbers available regarding the
median income of Boynton Beach. Chair Wische passed the gavel to Vice Chair Hay,
and seconded the motion.
Vice Chair Hay opened the floor for discussion.
The board discussed staff's eC'lrlier contention that income data was not available,
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
notwithstanding, at a meeting attended by various City boards, staff pointed out the
income levels of Boynton Beach were well below the County median.
Ms. Matras advised consistently, until the year 2002, the Boynton Beach median income
was approximately $8,000 lower than that of the County. There would be no reason
the situation would reverse in 2007. The American Community Survey had now included
Boynton Beach, and provided both the median family and median household incomes.
However, as the sampling was insignificant, the margin of error was extremely high.
The income for Boynton Beach was $38,000, plus/minus $8,000. This was not a
sufficient estimate for staff to use and, as other figures were used in subsidy programs,
it was impractical to have those programs be inconsistent. A plus/minus $8,000 margin
of error was a huge margin of error. Staff would not be advised to use this for the
programs that were otherwise subsidized. Thus, the formula utilized the County's
income.
Mr. Casaine withdrew his motion based on the comments of Ms. Matras. Chair Wische
withdrew his second.
The meeting recessed at 8:23 p.m. and reconvened at 8:30 p.m.
B. Children's Services Council
Height ExceDtion
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Children's Services Council (HTEX 07-003)
Christopher H. Miller, Architect 6400, Inc.
Children's Services Council of Palm Beach County
Lot 91 of Quantum Park, northeast corner of
Gateway Boulevard and High Ridge Road
Request for height exception of eight (8) feet - six (6)
inches above the maximum building height of 45 feet
allowed in the PID zoning district for
rooftop equipment.
Chair Wische read the request.
Mr. Lis recused himself from the issues pertaining to Projects #1 and #2, as he was
employed by the same company that employed the presenters.
Christopher H. Miller, Architecture 6400, Inc., 300 SE 2nd Street, Fort Lauderdale,
stepped forward to indicate he was present.
Chair Wische opened the floor for public hearing. No one having come forward, public
7
~".,'\,":'_Cl"'..'.'
... .'"",
,/' "".,
/ . \
,m \ ~.:r
'0\, . Iv
,.", / \r
It, ;::-0 N.~-"0 V
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORi"l
Requested City Commission Date Fina] Form Must be Turned
Meeting Dates in to City Clerk's Office
~ August 21, 2007 August 6, 2007 (Noon.) 0
0 September 4, 2007 August 20, 2007 (Noon) 0
0 September] 8, 2007 September 3, 2007 (Noon) 0
0 October 2, 2007 September] 7,2007 (Noon) 0
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
October] 6,2007 October], 2007 (Noon
November 7, 2007 October ]5, 2007 (Noon)
November 20, 2007 November 5, 2007 (Noon)
December 4, 2007 November 19, 2007 (Noon)
C)
-.J
c....
c::
r-
N
RECOMMENDATION: Please place this request on the August 21, 2007 City Commission Agenda uncfrtl
Public Hearing. The Planning and Development Board on July 24,2007, recommended that the request be approvad.
further details pertaining to this request, see attached Department Memorandum No. 07-070. :JI:
.r:-
Consent Agenda
o
o
o
o
o
City Manager's Report
New Business
NATURE OF
AGENDA ITEM
o
o
o
o
~
Announcements/Presentations
Administrative
N
c....>
o
n=i
-1-<
-<0
0"
iCO
f'T10
::::;)-<.
A:Z:
Fe;-.
o
Oz
",OJ
~",
C"'>:>
",C"'>
:J:
Code Compliance & Legal Settlements
Public Hearing
Legal
Unfmished Business
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Children's Services Council (HTEX 07-003)
Christopher H. Miller, Architecture 6400, Inc.
Children's Services Council of Palm Beach County
Lot 91 of Quantum Park, northeast corner of Gateway Boulevard and High Ridge Road
Request for height exception of eight (8) feet - six (6) inches above the maximum building height
of 45 feet allowed in the PID zoning district for rooftop equipment.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
')/J~
~~ger's Signature
Assistant to City Manager ~
~~ ~ Chy Attorn,y / Fman"
S:\Planning\SHAREDlWP\PROJECTS\Quantum Lot 9] \Children's Services Council\HTEX 07-003\Agenda Item Request Children's Serv Council HTEX
07 -003 8-21-07.doc
2J.J~k~
Development Depa ent Dire or
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07- 070
Chair and Members
Planning & Development Board
Michael RumpLJ-
Director of Planning and Zoning
Ed Breese ~
Principal Pla~~pJ
July 3, 2007
Children's Services Council / HTEX 07-003
Height Exception
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
Children's Services Council of Palm Beach County
Mr. Christopher H. Miller, Architecture 6400, Inc.
Mr. Christopher H. Miller, Architecture 6400, Inc.
Lot 91 of Quantum Park, NE corner of Gateway Boulevard and High Ridge
Road (see Location Map - Exhibit "A")
Industrial (I)
Planned Industrial District (PID)
No Change
No Change
Height exception associated with the construction of a three (3) story, 100,000
square foot office building
6.53 acres
Gateway Professional Center to the northwest and to the northeast, the Tri-Rail
station, both with an Industrial (I) land use designation, and zoned Planned
Industrial Development (PID);
Right-of-way for Gateway Boulevard, then farther south vacant Lots 81 & 82 in
Quantum Park, owned by the City Of Boynton Beach, with an Industrial (I) land
use designation, and zoned Planned Industrial Development (PID);
Right-of-way for the CSX Railroad, then farther east right-of-way for Interstate
95; and
Page 2
Children's Services Council HTEX 07-003
Memorandum No. PZ 07-070
West:
Right-of-way of High Ridge Road, then farther west Quantum Park and Village
North mixed use project with an Industrial (1) land use designation, and zoned
Planned Industrial Development (PID).
BACKGROUND
The Children's Services Council received approval to construct a three (3) story, 100,000 square foot
office building on August 16, 2005. The building measures 46 feet in height to the top of the parapet
wall, which is within code maximum of 45 feet plus 5 additional feet for parapet walls. However, after
approval and the start of construction, the project manager realized that the rooftop equipment, not
depicted on the approved drawings, would not be concealed by the parapet and would exceed the
maximum allowed height. According to the applicant, the increase in size of the equipment was the result
of a code change in the Florida Mechanical Code, mandating an increase in the atrium smoke evacuation
volume by four (4) times.
The atrium exhaust fan extends to a height slightly in excess of 53 feet. The maximum allowable height
for the PID zoning district is 45 feet. With the top of the parapet wall at 46 feet, the equipment will not
be adequately screened. The applicant originally proposed an enclosure designed to screen the exhaust
fan, which would have brought the total height to 53 feet - 6 inches. The applicant therefore requested a
height exception of eight (8) feet - six (6) inches above the maximum building height of 45 feet allowed
in the PID zoning district. Subsequently, in discussions held between the owner and the architect, the
owner requested the architect paint the exhaust fan white rather than screening it, due to the massive
nature of the enclosure detracting from the look of the building. According to the architect, the owner
believes the building design characteristics of a high tech industrial theme are furthered by the view of
the equipment, as opposed to the boxy screening material. As a result, the architect has applied for a
Community Design Plan Appeal (CDPA 07-002), requesting to leave the equipment unscreened. The
CDPA application is being considered separately, but in conjunction with this Height Exception application.
ANALYSIS
The Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions,
limits all portions of structures in the City to a maximum height of forty-five (45) feet above the minimum
finished floor, or to the maximum allowable height of the specific zoning district in which the structure is
located. Noted exceptions to the maximum building height include provisions for architectural
enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted
exceptions are allowed only through obtaining approval from the City Commission. In considering an
application for exception to the district height regulation, the City Commission shall make findings
indicating the proposed exception has been studied and considered in relation to minimum standards,
where applicable.
The plans for the Children's Services Council Building indicate the requested height exception is not
necessary for the entire roof of the proposed structure, but only a relatively small area near the center of
the building. The north building elevation (Sheet A-6.1) depicts the proposed enclosure in relationship
with the building fa<;ade. The area of the applicant's request for a eight (8) foot - six (6) inch height
exception, if screened, amounts to approximately 1,600 square feet of the entire 33,000 square foot third
story, or approximately five (5) percent of the total roof area of the building. According to the architect,
Page 3
Children's Services Council HTEX 07-003
Memorandum No. PZ 07-070
the screening material would encompass approximately four (4) times the roof area of the exhaust fan
itself, due to structural requirements and limitations.
The rooftop equipment is located approximately 130 feet from the nearest property line, the north
property line, abutting the Tri-Rail Station property. The nearest residential structure is located to the
northwest in Canterbury Townhomes, approximately 725 feet away. As such, the impact associated with
the eight (8) foot - six (6) inch exception request is significantly mitigated.
As evidenced by previous approvals, this request for height exception would not constitute a granting of
special privilege, nor would it impact the air or light of adjacent properties, due to the small percentage of
the overall roof area that is subject to the height exception and the distance separation from other
commercial or industrial structures. The sizeable distance to the nearest residential structure further
diminishes any potential incompatibilities associated with this request.
RECOMMENDATION
Staff recommends approval of this application for an eight (8) foot - six (6) inch Height Exception based
upon the mitigation of any potential impacts. Should this request be approved, approval should be
contingent upon satisfying all staff comments noted in Exhibit "C" - Conditions of Approval. Should the
Board or City Commission have any additional comments, they will be placed accordingly within Exhibit
"e".
S:IPlannlngISHAREDlWPIPROJECTSILW Chnstlan SchoollHTEX 07-004\Staff Report.doc
.
1 in. = 307.2 feet
I WAY
~ I~DUSTFll~Y
\ ' ,
Q:S
/!! ...
~ ;
~
Children's Services Council
~
:0
t'l
P
~
[!l
!:;
~
I D I \~ .w~o"[~~L.. L
I IDD~
'llt'<-
....'1' ':,.]J:III!j!t~,...
_.- ,_...:,~,?" ."":~~1..]~..,,.+:'~ "
,,':
EXHIBIT "e"
Conditions of Approval
Project name: Children's Services Council
File number: HTEX 07-003
Reference:
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
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
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
I DEP ARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. I ] I
S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 91 \Children's Services Counci]\HTEX 07-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Children's Services Council
APPLICANT'S AGENT: Christopher H. Miller, Architecture 6400 Inc.
APPLICANT'S ADDRESS: 300 SE 2nd Street Ft. Lauderdale, FL 33301-1907
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21,2007
TYPE OF RELIEF SOUGHT: Request for a height exception of eight (8) feet - six (6) inches above
the maximum building height of 45 feet allowed in the PID zoning
district, for rooftop equipment.
LOCATION OF PROPERTY: 2300 High Ridge Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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\Quantum Lot 91\Children's Services Council\HTEX 07-003\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
notwithstanding, at a meeting attended by various City boards, staff pointed out the
income levels of Boynton Beach were well below the County median.
Ms. Matras advised consistently, until the year 2002, the Boynton Beach median income
was approximately $8,000 lower than that of the County. There would be no reason
the situation would reverse in 2007. The American Community Survey had now included
Boynton Beach, and provided both the median family and median household incomes.
However, as the sampling was insignificant, the margin of error was extremely high.
The income for Boynton Beach was $38,000, plus/minus $8,000. This was not a
sufficient estimate for staff to use and, as other figures were used in subsidy programs,
it was impractical to have those programs be inconsistent. A plus/minus $8,000 margin
of error was a huge margin of error. Staff would not be advised to use this for the
programs that were otherwise subsidized. Thus, the formula utilized the County's
income.
Mr. Casaine withdrew his motion based on the comments of Ms. Matras. Chair Wische
withdrew his second.
The meeting recessed at 8:23 p.m. and reconvened at 8:30 p.m.
B. Children's Services Council
Heiaht ExceDtion
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Children's Services Council (HTEX 07-003)
Christopher H. Miller, Architect 6400, Inc.
Children's Services Council of Palm Beach County
Lot 91 of Quantum Park, northeast corner of
Gateway Boulevard and High Ridge Road
Request for height exception of eight (8) feet - six (6)
inches above the maximum building height of 45 feet
allowed in the PID zoning district for
rooftop equipment.
Chair Wische read the request.
Mr. Lis recused himself from the issues pertaining to Projects #1 and #2, as he was
employed by the same company that employed the presenters.
Christopher H. Miller, Architecture 6400, Inc., 300 SE 2nd Street, Fort Lauderdale,
stepped forward to indicate he was present.
Chair Wische opened the floor for public hearing. No one having come forward, public
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
hearing was closed.
Vice Chair Hay moved to approve the request for the height extension of 8 feet 6 inches
above the maximum building height of 45 feet allowed in the PID zoning district for
rooftop equipment. Ms. Jaskiewicz seconded the motion that passed 6-0.
City Attorney advised the final vote would be 6-0, as there was one recusal.
Children's Services Council
Community Design Plan Appeal
DESCRIPTION:
Children's Services Council (CDPA 07-002)
Christopher Miller, Architecture 6400, Inc.
Children's Services Council of Palm Beach County
Lot 91 of quantum Park, northeast corner of Gateway
Boulevard and High Ridge Road
Request approval of a Community Design Plan for
screening of rooftop equipment.
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
Chair Wische read the request.
Ed Breeze, Principal Planner, advised staff requested a conditional approval if the
board accepted staff's recommendation that the equipment on the rooftop be
continuously painted and cleaned so it maintained its new appearance.
The applicant accepted the conditional approval.
Chair Wische opened the floor for public hearing. No one having come forward, Chair
Wische closed the public hearing.
Chair Wische invited comments from the board. Hearing none, he entertained a
motion.
Motion
Ms. Jaskiewicz moved to approve the request of the Community Design Plan for
screening of the rooftop equipment, with the conditions of approval as noted. Vice
Chair Hay seconded the motion that passed 6-0, Mr. Lis having recused himself.
8
VIII.-PUBLIC HEARING
ITEM D.
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
~ August 21, 2007 August 6, 2007 (Noon.) 0 October] 6, 2007 October I, 2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September] 8, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September] 7,2007 (Noon) 0 December 4, 2007 November] 9,2007 (Noon)
n
n.::j
.::j-<
-<0
,-,"
:-c:c
f'T10
:v-<
~''::2
" U)-i
::r:: 00
.r::- ,,2
.. "c:c
N -fTl
RECOMMENDATION: Please place this request on the August 21,2007 City Commission Agenda ~der ~.~
Public Hearing. The Planning and Development Board on July 24,2007, recommended that the request be approved. ftir
further details pertaining to this request, see attached Department Memorandum No. 07-071.
Consent Agenda
o
o
o
o
o
City Manager's Report
New Business
a
-.J
c...
c:
r-
N
CJ1
NATURE OF
AGENDA ITEM
o
o
o
o
~
Administrative
Announcements/Presentations
Code Compliance & Legal Settlements
Public Hearing
Legal
Unfinished Business
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Children's Services Council (CDPA 07-002)
Christopher H. Miller, Architecture 6400, Inc.
Children's Services Council of Palm Beach County
Lot 91 of Quantum Park, northeast corner of Gateway Boulevard and High Ridge Road
Request for approval of a Community Design Plan Appeal against the requirement for screening of
rooftop equipment.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~~
City Manager's Signature
cM/
Assistant to City Manager
~
Planning and . g Director City Attorney / Finance
S:\Planning\SHAREDlWP\PR JECTS\Quantum Lot 9]\Children's Services Council\CDPA 07-002\Agenda Item Request Children's Serv Council CDPA
07 -002 8-2] -07 .doc
S:\BULLET1N\FORMS\AGENDA ]TEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 07-071
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
TO:
Chair and Members
Planning and DeveloPsz./ Board
Michael W. RumpW~
Planning and Zoning Director
Ed Breese, Principal Planner tt:)
July 13, 2007
THRU:
FROM:
DATE:
SUBJECT:
Children's Services Council- CDPA 07-002
Appeal of Chapter 9 - Community Design Plan (screening of rooftop equipment)
NATURE OF REQUEST
Mr. Christopher Miller, Project Architect, representing the Children's Services Council, is requesting
approval of a Community Design Plan Appeal to allow the atrium exhaust fan to be installed without being
screened (see Exhibit "B"). This appeal is being submitted in conjunction with a concurrent request for
Height Exception (HTEX 07-003).
BACKGROUND
The site is Lot 91 of Quantum Park, which is the northeast corner of Gateway Boulevard and High Ridge
Road (see Location Map - Exhibit "AfT). The Children's Services Council received approval to construct a
three (3) story, 100,000 square foot office building on August 16, 2005. The building measures 46 feet in
height to the top of the parapet wall, which is within code maximum of 45 feet plus 5 additional feet for
parapet walls. However, after approval and the start of construction, the project manager realized that the
rooftop equipment, not depicted on the approved drawings, would not be concealed by the parapet.
According to the applicant, the fact that the parapet wall will not adequately screen the rooftop equipment is
due to the increase in size of the equipment as a result of a code change in the Florida Mechanical Code,
mandating an increase in the atrium smoke evacuation volume by four (4) times.
According to Chapter 9 - Community Design Plan of the City's Land Development Regulations, rooftops are
to be treated as part of the building elevation. All rooftop equipment must be screened from view at a
minimum distance of 600 feet.
ANALYSIS
The requirement for screening of rooftop equipment is predicated on the concept that the entire envelop of
a building is taken into consideration when evaluating the aesthetic quality of a building and it's relationship
with surrounding properties. Rooftop/mechanical equipment tends to be less pleasing and more of a
detraction from the typical architectural features on a building, degrading the overall aesthetic quality,
hence the requirement for screening.
In discussions held between the owner and the architect, the owner requested the architect paint the
exhaust fan white to blend with other architectural treatments on the building, rather than screening it, due
Page 2
Memorandum No. PZ 07-071
Children's Services Council
COPA 07-002
to the massive nature of the enclosure detracting from the look of the building. According to the architect,
the owner believes the building design characteristics of a high tech industrial theme are furthered by the
view of the equipment, as opposed to the boxy screening material.
The architect for Children's Services Council also notes in his appeal request that there are some unique
site characteristics, which render the screening of the rooftop equipment ineffective and that the leaving of
the equipment unscreened is actually less visually obtrusive. According to the architect, the building is
located on very low-lying property, surrounded on the east by the elevated southbound 1-95 off ramp, on the
south by the elevated Gateway Boulevard overpass of 1-95, and on the west by High Ridge Road, which is
substantially elevated above the finished floor level of the building. The architect has provided copies of
photographs of the building from various angles, depicting the exhaust fan painted white. In contrast, the
architect has provided enhanced copies of photographs from the same angles depicting what the enclosure
would look like if placed on the roof, in an effort to provide a sense of scale (see Exhibit "C" - photographs).
Per the applicant's companion request for height exception, the area of the screen enclosure contemplated
rises to a height of eight (8) foot - six (6) inches above the 45 foot height limitation in the PID zoning district
and would encompass approximately 1,600 square feet of roof area of the building. According to the
architect, the screening material would envelop approximately four (4) times the roof area of the exhaust
fan itself, due to structural requirements and limitations.
The justification statement prepared by the architect also notes the distance the rooftop equipment is
located from residential property. The nearest residential structure is located to the northwest of the building
in Canterbury Townhomes, approximately 725 feet away. He further states that, "When standing on the
nearest residential property the only visible element is an upper corner of the building, no mechanical
equipment".
The Design Appeal process would appear appropriate in this instance, given the unique nature of the
property and the associated terrain changes, combined with the style of building and elements that make
up the structure. Staff concurs with the applicant that the leaving of the equipment unscreened may actually
be less obtrusive than a separate screening element erected after design and construction of the building.
This position is based on the fact that screening material is typically less substantial and durable than
original building material, and the sheer size of the proposed screening system. Staff does however
recommend the placement of a condition of approval that the condition of the rooftop equipment be well
maintained for visual appearance, including cleaning and painting as necessary, to ensure the white
appearance of the equipment is preserved, without dirt or rust staining.
RECOMMENDATION
Based on the analysis contained herein, and the unique site/terrain characteristics, staff recommends
approval of this request to allow the rooftop equipment to be unscreened. One condition of approval is
recommended for maintenance of the visual appearance of the equipment. Any conditions of approval
recommended by the Board or City Commission will be placed in Exhibit "0" - Conditions of Approval.
S:IPlanningISHAREDIWP\PROJECTS\Children's Services Council\CDPA 07-0021staff report.doc
I
I
I
II
II
i1
if
il:
I~ f
//1
/ r
J
" I,
: '-"-, f
-------- I ,rl ",,~
"l--r-r---- ... n
, \ I I Ii
1\\ ,I j
I, i t I / I
I ~ ' / ;'/
\' 0, ; i
I J i I
I I I ;
() 'I ; I I II
I I I I I
~" ! / I 1/
Children's Services Council
...
1 in. = 307.2 feet
!
I
I
I
I
1/
INDUSTRIAl WAY
~ ~L'__"_'_'__.._'_m_.'_.._
~-"_.- _.~-_.
J
,
I
I
i
I~
I I ,
i I i
II I I
I I
~
-'I ~ /1 '
, 0
I' ~ i.
""
[!:,
I :;; i
I ! \ I
I r l
1- '"
\
)
~~I \
I I
~'------r---,- I
------j
---,-- ----
I
I
-'-...,./
L
I :
i i
,
NW COMM~RCE PARK nF;'
II
LJ
~
I I
j J
I '
i I
, I
I '
, i
I
I
",,' ).
~ ~
~ :'8,
L-fH IIL..II , 0
. "_ - - ~~It;'
___.~ iQ'
------:~
'-'~- I~
I ---'----.,! ~
, '
~---/
""~~AY 8LVn
_/~
I ..-___
, ,
/ Ii!
i ,~-------__/
1/ I I
"1"
gr-
I~
BIT B
IBIT E
181T8
,...."....=..._i>il'~>......~"'-O\..,"',",..~"',""......
EXHIBIT C
~(.q~ IP+"" ~..
City of Boynton Beach
Mr. Ed Breese, Principal Planner
Planning and Zoning Department
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
rn
~~~~W~m'
II i
JUL t 2 2007 ~) \
I
I
J
Jeff Peal
President
Pete Daltner
Vice President
RE: Children's Services Council
File No: NWSP-05- 018
PLr.,NNII~G PJ1D
ZONING DEPT
Chris Mil!er
Associate
To Whom It May Concern:
This letter is to request a "Community Design Plan Appeal" for the above referenced project. The subject
involves not installing the required screen enclosure for the exhaust fan equipment on the roof. This appeal
is being made with four primary reasons in mind.
First, the mechanical equipment on the roof to be screened is all associated with an atrium smoke
evacuation system required per the Florida Building code. At the time of the Site Plan Approval process
the equipment had not yet been specified. It was not anticipated to be an issue or exceed allowable heights.
A few months prior to building permit submittal (and after Site Plan Approval was granted) the Florida
Mechanical Code issued a code change that increased the requirements of the atrium smoke evacuation
volume by four times, thus increasing the size of the equipment.
Second, we feel the massive size of this screen enclosure would draw more attention to the unit area rather
that the unit itself. The screen would be almost 4 times the size (in plan) of the mechanical equipment
because of structural requirements and limitations. The height would be only a few inches higher than the
unit.
Thirdly, the mechanical equipment has been painted white to blend with the other architectural elements on
the building. The overall building design is uniquely high-tech and industrial in appearance.
Finally, the intent of the Land Development Code is to protect residential neighborhoods from the visibility
of this type of equipment. The CSC building is roughly +700 feet from the nearest group of town homes. It
actually sits in a valley created by High Ridge Road to the west, Interstate (1-95) to the east, and Gateway
Boulevard to the south. When standing on the nearest residential property the only visible element is an
upper comer of the building, no mechanical equipment.
Please refer to attached photos, taken from across the street, roughly +400 feet from the building.
On behalf of the Owner, we request your review and approval of this appeal not to install a very large
screen.
Thank you in advance for your time and consideration. Should you have any questions or comments, please
do not hesitate to contact the undersigned.
Yours Sincerely
ARC ;rECTURE 6~:;n
\children services council\planning dept Itr05.17.07
300 S.E. 2nd Street, Fort Lauderdale. Florida 33301-1907
(954) 627-9180 . FAX: (954) 627-9189 · EMAIL: arch@stiles.com
A Division of Stiles Corporation / A Full Service Reai Estate Development Comoany
EXHIBIT "D"
Conditions of Approval
Project name: Children's Services Council
File number: CDPA 07-002
Reference:
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None 'V
~'"\. I
FIRE
Comments: None X I
I
POLICE I
Comments: None I X I
i
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
! I
Comments: None i X
FORESTER/ENVIRONMENT ALIST
Comments: None X I
I
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. The rooftop equipment shall be maintained free of dirt and rust, in order to X
provide a clean, new painted appearance at all times.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHAREDI WPIPROJECTSIQuantum Lot 91 \Children's Services CouncillCDP A 07 -002\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Children's Services Council
APPLICANT'S AGENT: Christopher H. Miller Architecture 6400 Inc.
APPLICANT'S ADDRESS: 300 SE 2nd Street Ft. Lauderdale, FL 33301-1907
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21,2007
TYPE OF RELIEF SOUGHT: Request for approval of a Community Design Plan Appeal against the
requirement for screening of rooftop equipment
LOCATION OF PROPERTY: 2300 High Ridge Road
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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:IPlanning\SHAREDlWPIPROJECTS\Quantum Lot 91\Children's Services CouncillCDPA 07-002\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
hearing was closed.
Vice Chair Hay moved to approve the request for the height extension of 8 feet 6 inches
above the maximum building height of 45 feet allowed in the PID zoning district for
rooftop equipment. Ms. Jaskiewicz seconded the motion that passed 6-0.
City Attorney advised the final vote would be 6-0, as there was one recusal.
Children's Services Council
Community Design Plan Appeal
DESCRIPTION:
Children's Services Council (CDPA 07-002)
Christopher Miller, Architecture 6400, Inc.
Children's Services Council of Palm Beach County
Lot 91 of quantum Park, northeast corner of Gateway
Boulevard and High Ridge Road
Request approval of a Community Design Plan for
screening of rooftop equipment.
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
Chair Wische read the request.
Ed Breeze, Principal Planner, advised staff requested a conditional approval if the
board accepted staff's recommendation that the equipment on the rooftop be
continuously painted and cleaned so it maintained its new appearance.
The applicant accepted the conditional approval.
Chair Wische opened the floor for public hearing. No one having come forward, Chair
Wische closed the public hearing.
Chair Wische invited comments from the board. Hearing none, he entertained a
motion.
Motion
Ms. Jaskiewicz moved to approve the request of the Community Design Plan for
screening of the rooftop equipment, with the conditions of approval as noted. Vice
Chair Hay seconded the motion that passed 6-0, Mr. Lis having recused himself.
8
~.\""'.."..V"'.O'"
" .
... .,
. \
\~ ):r
C10~ ~~(J
7'ON
IX. - CITY MANAGER'S
REPORT
ITEM 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 C itv Clerk's Office Meeting Dates in to City Clerk's Office
~ August 2 I, 2007 August 6,2007 (Noon.) 0 October ]6, 2007 October 1,2007 (Noon
0 September 4,2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon)
0 September 18, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September 17,2007 (Noon) 0 December 4, 2007 November] 9,2007 (Noon)
0 Announcements/Presentations ~ City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Request that discussion of Old High School is postponed until after the CRA has
completed the Downtown Master Planning process.
EXPLANATION: This item is on the August 14,2007 CRA meeting agenda (see attached). CRA staff has polled
the CRA Board and all members wish to complete the Downtown Master Planning process prior to making a
final decision of what will be an appropriate redevelopment plan for the Old High.
PROGRAM IMP ACT: N/ A
FISCAL IMP ACT: N/ A
ALTERNATIVES: Not to postpone discussion.
~
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM. DOC
~qY~T2~ l~ l ~!~
East Side-West S',de-Seas'lde Rena'lssance
AGENDA ITEM STAFF REPORT
eRA BOARD MEETING OF: AUb'1lst 14.2007
AGENDA ITEM:
I Consent Agenda
x
Old Business
l'\ew Business
Public Hearing
Other
SUBJECT: Old High School
SUMMARY: At the July 10,2007 CRA Board Meeting, staff was directed to request letters of intent
from interest parties who would like to redevelop the Old High School. The Board would hold those
letters of intent until after the visioning project and then be brought back to the board for further
discussion. At that time, CRA staff questioned Attorney Cherof about the original RFP's ability to serve
as notice of the agency's expectation of disposing property with a letter of intent. Attorney Cherof
stated, "in his opinion it would not."
In the meantime, CRA staff issued a general letter of intent and received two responses. Both parties are
interested in presenting their ideas to the CRA Board and are desirous of having the building turned over
to their care, custody and control. These entities need the building placed under their organization's
control to qualify for grant funding or Historic Tax Credits. These funding sources would be the primary
financing mechanism to cover renovations costs.
Staff polled the CRA Board and all the members wish to complete the Downtown Master Plmming
process prior to making a final decision of what would be an appropriate redevelopment plan for the Old
High School. However, a board member has requested staff to simultaneously work toward formalizing
negotiations with the interested parties to keep the process moving.
CRA staff received a second opinion from CR.A. Counsel. DJ Doody, who advised that a notice must be
published to invite proposals and receive and consider all proposals. To that end. the statute references
that once proposals are received and considered the eRA may negotiate with any persons submitting
proposals.
FISCAL IMPACT: None.
. R~tOMl\jIENDA TIONS: Direct staff to issue notice of intent to dispose of Old High Sc11001.
/---;-'\ ~ ~/)\ I
Lisa Bright. E~ecutive Director
'"-' '; ?
T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by MeetinglFY 2006-2007 Board
Meetings\07 08 14 CRA Board Meeting - AugustlOld High School doc
Bright, Lisa
O::rom:
ant:
fo:
Cc:
Subject:
OJ Doody [DDoody@cityatty.com]
Tuesday, July 31, 20072:26 PM
Bright, Lisa
Jim Cherof
RE: Old High School- Letters of Intent
Lisa,
The section which addresses public notice, Section 163.380 (3) (a) contains language to the
effect that the notice must published at least 30 days prior to the delivery of any
contract to sell, lease or otherwise transfer real property and, prior to the delivery of
any instrument of conveyance with respect thereto under the provisions of the section.
In interpreting this language from a legal perspective I would advise you that the notice
must be published to invite proposals and receive and consider all proposals. The Statute
then references the fact that once the proposals are received and considered the CRA may
negotiate with any persons submitting proposals.....
Consequently, the notice needs to be published before the negotiations begin.
I trust this is specific. However, if you still require some clarification, please do not
hesitate to contact our office.
DJ DOODY
Donald J. Doody
Goren, Cherof, Doody & Ezrol. P.A.
3099 East Commercial Blvd.
Fort Lauderdale, Florida 33108
954 - 771 - 4500; 954 - 771- 4923 (fax) ddoody@cityatty.com www.cityatty.com -----
Original Message-----
-om: Bright, Lisa [mailto:BrightL@ci.boynton-beach.fl.us]
~nt: Tuesday, July 31, 2007 12:02 PM
To: DJ Doody
Subject: RE: Old High School- Letters of Intent
Don,
Sorry, I need you to be very specific with me since this property is so controversial
among the board members let alone the public.
At what point should a public notice for the disposition of the Old High School property
occur:
1.) before negotiations begin with an interested party?
2.) after negotiations begin with an interested party?
Lisa
-----Original Message-----
From: DJ Doody [mailto:DDoody@cityatty.com]
Sent: Sunday, July 29, 2007 10:03 AM
To: Bright, Lisa; Cherof, James
Cc: Swanson, Lynn; Brooks, Vivian; Buckley, Ashley
Subject: RE: Old High School- Letters of Intent
relative to the methodology and process for the disposition of real property, Section
163.380(3) (a) stats in part;
"Prior to disposition of any real property or interest therein in a comrl1uni ty
redevelopment area.... ....a community redevelopment agency shall give public
notice of such disposition by publication in a newspaper having a general circulation
in the community, ...... .and, prior to the delivery of any instrument of conveyance
. . . . . . . . . . invi te proposals. . . . . "
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
Vice Chair Rodriguez: I'm okay.
Ms. Bright: I need to clarify.
Chair Taylor: Okay. Show the motion as unanimous.
Vice Chair Rodriguez.: Again, I'd like, for the future I'd like to see the details in here.
Chair Taylor: Okay.
Ms. Sherrod: Just to put, for a little clarification um, Mr. Rodriguez, um, in the SHIP
program, our strategy allows for the replacements such as this, lost in a travesty such
as this we have on board, um a licensed um, uilding official inspector as well as our, uh,
construction manager. We would never allow our tax dollars to go for quote upgrading.
It was to it was it was a replacement to replace the building, uh pretty much as it was.
Same size and style home but to today's standards um, and that's what our strategy
that was approved by the City Commission allow for. So that home had been uh
previously, had been approved uh administratively by uh, the City Manager which was
allowed for so, she was bringing in uh the majority of the funding, all of the monies that
the insurance company allowed for, so we allowed her to replace it. But it's just
standard, a standard house. Urn, built under the same guidelines as the First Time
Homebuyers Program. Urn, so in the future, I guess we'll give the square footage.
Chair Taylor: Thank you.
Vice Chair Rodriguez: I mean I understand that and I appreciate that. And I know
this woman needs to get in her home. Uh, I'm just asking for more details in the future
that's all. Thank you,
Chair Taylor: Thank you. Take us to Item 1. That was pulled too, Five Towns
College update. It was info only.
Board Member McKoy: Yeah, I mean, this is the reason, I mean, just, I'm pulling it
is because of the newness of the workload.
Chair Taylor: Yeah.
Board Member McKoy: So, there's a presentation on it tonight.
Ms. Bright: No. I'm here in case you have a question on it 'cause you pulled it.
Board Member McKoy: Okay, I, I, If only pulled it, I thought there was going to be
additional information.
54
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
Ms. Bright: Nope.
Board Member McKoy: Okay.
Chair Taylor: It's information only, so we don't even need a motion.
Vice Chair Rodriguez.: Is, is, is this the only place we're going to talk about the high
school.
Ms. Bright: It's up to the pleasure of the board.
Vice Chair Rodriguez: So we can talk about the high school now, then.
Ms. Bright: I guess.
Chair Taylor: Yeah if you want to.
Vice Chair Rodriguez: Okay, lets do that then.
Mayor Taylor: Go ahead.
Vice Chair Rodriguez: Um, yeah, we received your email, um concerning some of the
issues with the financial backing for historic society who was the charter school that
was number two in the RFP process.
Ms. Bright: Not the Historic Society. The Boynton Beach Charter School.
Vice Chair Rodriguez.: The binder that we received had Boynton Beach Historic.
Ms. Bright: Harrid Conservatory, Harrid Conservatory, Brenner Real Estate was the
financial partner, Boynton Charter School and I don't remember who else, and its a
the proposal.
Vice Chair Rodriguez: The proposal I got never said Boynton Charter School on the
top, on the cover page,
Ms. Bright: I can't speak to it. They were delivered to the City Manager's Office over
a week ago. Those are the uh, I don't know, we never got confirmation back from the
City Manager's Office that those packets were picked up by you guys. But regardless,
your, your concern has always been the Boynton Charter School, correct?
Vice Chair Rodriguez: Yes.
55
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
Ms. Bright: Okay.
Vice Chair Rodriguez: Well you know, they been, they've been, they've reached out
to me several times and I've communicated that to you, to you and everyone here
about because they were number two in the RFP process and you'd made a note that
you had reached out at that time after to see if they were interested and there were
some financial financial backing issues. Is that correct?
Ms. Bright: Yes I spoke to their financial partner in January.
Vice Chair Rodriguez: Okay. Do we know that's still the case today? Because it, it
seems to me, that uh, in their conversations with me that they've got the financial
backing.
Ms. Bright: They met with Vivian and I on May 18th. Urn, Ms. Owens did not indicate
any financial partner whatsoever. That's pretty much why I suggest in your email, if
you have a working relationship with her and she's willing to share that. Um the key for
me on that particular project, um was the fact that their charter school was not going
to just take over the high school. It was a very large footprint that took over City Hall
and other locations. So in terms of just renovating with them, if they have a new uh
financial partner, that might be something new that I'm not aware of.
Vice Chair Rodriguez: I'm, I, I'm, um I'm, not going to reach out. I'm gonna, I'm
gonna put it back on the eRA and let you uh chase that down if you may.
Ms. Bright: I, I really think that we have met with them and the onus is on not just
them, several other entities if they want to prepare a proposal for your consideration. I
have made that very clear to Ms. Owens that it would be for her, she's a for-profit
business, a Charter School is not a um, public education, so she would be needing to
get her own capital funding.
Vice Chair Rodriguez: So you made that clear to her that she needs to put a
proposal before the CRA?
Ms. Bright: I, I know that both of us made it very clear to her that if she wanted to
do that, that day she was not interested in some of the other locations we suggested
which were Delray Boynton Academy. She said that that was already too small. I have
that email fromher.Um.tohercurrentlocation.Um. she also indicated in the median,
her current location, that some of the pressure had been taken off the uh, Caldwell
Theater was not moving as forward, uh as fast, and the renovation there on Federal
Highway in Boca, Levitz. And while it was a strain for the parents, she was not really
willing to like move to the temporary location. I think the other strategy was the fact
that the Old High School, we need to find a place for the Code Enforcement folks, so I
56
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
don't know how that would be included in the deal. So, we have to look at their
proposal because they don't have any parking.
Vice Chair Rodriguez: Yes, the uh, the uh, Code Enforcement is being, another,
other recommendation to the fVladsen Center has nothing to do with the high school.
Um, in, in emails discussions I, I threw out a suggestion, only a suggestion, that there
had been many people recently that have stepped up and said you know, we, we want
to help, and we've seen that before and I know that. So my suggestion was let's get,
let's get some information out to the folks that were looking for a letter of intent in
order to, in order a letter of intent with the intention being that they're gonna submit a
formal proposal and then we'll minimize or see jf there's anybody. We'll see if anyone
steps up to the plate and says, yeah, we're gonna submit a proposal.
Ms. Bright: But why would we send a letter of intent. I mean we could make a phone
call to them. I mean, they would submit a letter of intent.
Vice Chair Rodriguez: Yes. That's I submit a letter of intent to us with their intent
to submit a formal proposal so that we're not anticipating a proposal that may never
come. So just get a letter of intent, and then that way, we know, if we have four
letters of intent or two or one or whatever the case may be. Now we anticipate that
we're gonna get those four proposals.
Ms. Bright: Okay.
Vice Chair Rodriguez: I'm. Just a, just a recommendation and idea. It's up to the
board to, uh - -
Board Member McCray: Right.
Board Member Weiland: I would like to uh, shed some light on this issue. Uh, I had
spoke with uh, Tom McGillicuddy who is the acting real estate agent for the Owens and
he mentioned to me that she put, and his words were she probably has a couple of
million dollars in financing. Uh speaking, I had spOken to Ms. Owens after that and she
told me that she would be going after, in her words the same dollars, that Intown, Five
uh Five - -
Chair Taylor: Five Towns.
Board Member Weiland: Five Towns uh, were seeking as well. I did not ask her
what dollars she was talking about, but I was led to believe that there is some type of
grant money or something out there that Five Towns were seeking. Now that they're
not in the picture, uh to supplement the money she had from her private financing, she
would be seeking .the same type of money that they were seeking so. Where that all
57
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
stands I really don't know, but those are the two conversations I've had about financing
with the the Owens and their real estate agent.
Board Member McCray: Comments.
Chair Taylor: Yes.
Board Member McCray: I'd like to, you know, direct this here, you know back to
Mrs. Brooks. And I'm just saying you said something you really need to take a hard-
core look at, and that is charter schools. They are a business. They always came to this
Commission, I'm just gonna be rather - to the City Commission, that was us. I'm just
saying instead of saying they got put out of Boynton Mall because of what happened on
Christmas Eve, you know that, that wasn't it. They was put out before this thing
happened. I'm just saying they came to us and also stated to this Commission that
they wanted to be in Boynton. They said it is our responsibility. You could pull the
records, that we find them a place, that we find them a place. That is not the
responsibility of the elected officials, that we find somebody a place. If they want to
come in and we have suggestions that's fine, but they seem like they want to put this
back on our lap saying that you know, you all going be our saving grace that we get
back into Boynton. Charter Schools and businesses, I feel sorry for them. They don't
want the place on MLK Blvd, then they need to just keep looking. I'm just saying I'm
not gonna keep bargaining this down and the CRA every time, you know find out what
can they do, they uh hurting now. They trying to get back in, they said before the
school year begins, that's over a little over a month away, and I'm just saying you
know, I'm being realistic.
Chair Taylor: Well, I just I believe that the previous CRA Board asked the City
Commission to wait until after the, uh, downtown master plan visioning, because we're
talking about doing things like, the CRA board sent us a letter from the previous chair
asking that we wait until after this visioning because that's going to involve that, that
location also. And I thought at the last Commission meeting we agreed to do that. Am
I wrong?
Vice Chair Rodriguez: Tabled it.
Chair Taylor: We tabled it? Yeah. Okay well, you know, its a, it's a big issue, the high
school, and I'd be willing to wait until after this uh this visioning, because I know that
location is going to be part of that uh' charrette, and that visioning and I'd like to hear
what comes about.
Board Member Weiland: Likewise.
Board Member McCray: Likewise.
58
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
Board Member McKoy: I don't have any problem waiting.
Chair Taylor: Okay.
Vice Chair Rodriguez: We've been waiting for almost two years and if we can do any
leg work now with reaching out to these folks that have stepped up and said they want
to, with a simple letter, asking for a letter, simple letter of intent. We're just that much
farther down the road and wait until, not act on it, but have the letters of intent, you
know. Wait until the visioning session and then at least we, we've got something in our
hands to plan out the future
Chair Taylor: I don't have a problem with that if you want to make a phone call, ask
for a letter of intent, that's fine with me. Uh, my, my position is show me the money.
You know, its eight million dollars.
Board Member McCray: And my whole take is saying that you know, we have been
waiting for two years, I beg to differ. We have been waiting since I've been sitting up
here about what we gonna do with the high school. I'm just saying my urgency is, as a
Commission, lets just wait to see what is gonna come in. You all can do whatever you
all want to. I'm gonna keep my plans and everything on until I see what's going to
happen for uh, the visioning process for downtown. I'm just saying, you know, we say
one thing on one side of the coin. Then we flip and we say something else like we do,
we've got too many hats on our head. I want to wait till it comes back. We said, table
at the Commission, I want to wait until it be removed from the table to discuss it any
further.
Vice Chair Rodriguez: Sure. Can I make a comment?
Chair Taylor: Yes.
Vice Chair Rodriguez: I'd like to make a motion that we initially request a letter of
intent from those that have, um shown an interest in the high school redevelopment
and that we hold those letters of intent until after the visioning project and then we will
be obviously, be brought forward to the board for further discussion at that point.
Ms. Bright: Could I ask counsel a question? Um, when we originally did that RFP we
were going out in terms of expectation of disposing of the property, So would that RFP
still hold for a letter of intent. Um.
Attorney Cherof: In my opinion it would not.
59
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
Ms. Bright: So that's where I am conflicted meaning the RFP was finished. There was
no motion to go to number two when they did the motion to select Five Towns for a
development agreement. So I guess, that's what I'm, I'm looking - -
Vice Chair Rodriguez: I'm not, I'm not asking to go to number two. I'm asking
there were a bunch of there was a bunch of organizations that stepped up during a eRA
meeting that said they want to be part of the redevelopment of the Old High School.
Ms. Bright: That's being um, actually it's Debby.
Vice Chair Rodriguez: Those are all clearly laid out for in the minutes, and all I'm
saying is there's a motion on the table. There's a motion on the table that says let's go
out and request letters of intent from those groups, to see if they are serious and hold
those letters of intent until after the visioning and then come back to the board for
further action. That's my motion.
Chair Taylor: Okay I have a motion. Is there a second to that? Is there a second to
that? I'll pass the gavel. I'll second that motion just for, uh, to get a vote on the table
on that.
Vice Chair Rodriguez: We have a first and a second. All in favor. Aye.
Chair Taylor: Aye.
Board Member Weiland: Aye.
Vice Chair Rodriguez: All opposed.
Board Member McKoy: Nay.
Board Member McCray: Nay.
Vice Chair Rodriguez: Could we get a roll call and.
Vice Chair Rodriguez: Was that three two?
Chair Taylor: It was three two.
Board Member McCray: If something ;s to be tabled we have to second.
Ms. Bright: I need clarification before we step away. It's my understanding there was
an individual named Paula Melley. Did Sister Lorraine leave, she was here, she's an
interested party a,nd then the group led by Harvey Oyer, uh through the Public Arts
60
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
July 10, 2007
Administrator, so those are the only three entities that I am aware of. Are you aware,
and, of course, the Boynton Charter School.
Vice Chair Rodriguez:: I would, I would ask that you go back to the minutes that
reflect the folks that stood up and requested you know, that said they want, had
interest. And those are the ones that we should solicit.
Ms. Bright: No that was one large group, that's what I'm saying sir.
Vice Chair Rodriguez: Right. Whoever they were Miss Bright, those are the ones we
should solicit.
Ms. Bright: Okay.
Chair Taylor: Thank you. Okay this takes us to public hearings. I'll turn this over to
the City Attorney to swear people in.
Attorney Cherof: Anybody who intends to testify, actually Mayor, there is no quasi-
judicial on this list. It's just a public hearing so no, uh, sworn testimony is required.
Chair Taylor: Okay. Okay then that's, uh, City initiated abandonment of alley
between NE 7th Avenue and NE 8th Avenue. City initiated.
Mr. Livergood: Yes good evening. For the record, Jeff Livergood, Director of Public
Works. I will present staff's uh, you will provide staff's presentation although I doubt
that I can do quite as good a job as perhaps Mr. Rumpf would do from a Planning
Department perspective, so you get the Engineering Department version. Uh, this is a
request that's been initiated by the Public Works and Engineering staff. To give you a
little bit of background, several months ago, urn, approximately six months ago, the
City received a number or several requests for construction of fences in people rear
yards along this alley. Uh, of course we cannot issue permits to build a fence in a
public right-of-way because this alley that is between 7th and 8th Avenue east of
Federal Highway, um because its a public alley, its public right-of-way and therefore
we're unable to issue fence permits. In reviewing the alley, staff found that the alley is
very much inaccessible. We're unable to get into it as a, as a public right-of-way. To
the east end at 7th Street are mangroves, uh City owned property. To the west end is
another dedicated alley that runs north/south and parallels Federal Highway that's also
fairly difficult if you wanted to put a truck down them. It's staff's recommendation that
this alley be abandoned. Allow this alley to return to the property owners, uh, to allow
them to use it so that they can place fences on this property and also because it will
eliminate any responsibility or liability that the City may have in maintenance of this
public alley. This alley was platted in 1925, uh, nearly 82 years ago. This was in an era
when subdivisions were designed with the belief that there may need to be rear yard
61
, "Sl""'~'A'
I:' ',', , - ..,..,
t ,\
i.,., \
III \'.'. ' ... ... J:r
o\. .. IV
J- ',' - ".', ,,/
~~~~.
'ON '"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.l
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 Citv Clerk's Office
~ August 21, 2007 August 6, 2007 (Noon.) 0 October] 6, 2007 October 1,2007 (Noon
0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October ]5,2007 (Noon)
0 September] 8, 2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon)
0 October 2, 2007 September ]7, 2007 (Noon) 0 December 4, 2007 November] 9,2007 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the August 21, 2007 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission on August 7,2007, approved this request under Public Hearing
and Legal, Ordinance - First Reading, For further details pertaining to this request, see attached Department Memorandum
No. 07-064.
EXPLANATION:
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Alley between NE 7th Avenue / NE 8th Avenue (ABAN 07-003)
City-initiated
Alley between NE 7ili Avenue and NE 8ili Avenue, east of Federal Highway
Request for abandonment of an alley between NE 7ili Avenue and NE 8th A venue, along
the boundary of the Lake Addition and Boynton Place Subdivisions.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVE~ ~/;, , /7
Devel~e! ~irector
~ S;gnoture
Assistant to City Manager
~
~ ~ IW/L
/' Planning and Zoning Dire-;ar City Attorney / Finance
S:\Planning\SHAREDlWP\PROJECTS\NE 7th Ave & NE 8th Ave ABAN\Agenda Item Request NE 7th Ave & NE 8th Ave ABAN 07-003 8-2]-07.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
')()
o,JV
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
ORDINANCE NO. 07- 01'1
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH~ FLORIDA~ AUTHORIZING ABANDONMENT
OF AN EXISTING ALLEY LOCATED EAST OF
FEDERAL HIGHWAY BETWEEN NORTHEAST 7TH
A VENUE AND NORTHEAST 8TH A VENUE~ SUBJECT
TO STAFF COMMENTS; 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~ staff is requesting that the City abandon an alley between N011heast ill
Avenue and Northeast 8th Avenue, along the boundary of the Lake Addition and Boynton Place
Subdivisions, subject to staff comments; and
WHEREAS~ comments have been solicited from the appropriate City Departments. and
public hearings have been held before the City's Community Redevelopment Agency. and the
City Commission on the proposed abandonment; and
WHEREAS~ staff finds that the alley no longer serves a public purpose. and the C
Commission adopts that finding.
i
I
NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COMMISSION OFI
THE CITY OF BOYNTON BEACH~ FLORIDA THAT:
i
I
. Sect~on 1. The foregoing Whereas clauses are true and correct and incorporatedl
herem by thIS reference. i
!
i
Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby1
fu ~
abandon an alley between Northeast 7 Avenue and Northeast 8' Avenue, East of Federal
Highway, along the boundary of the Lake Addition and Boynton Place Subdivisions. subject to
staff comments. The property being abandoned is more particularly described as follo\vs:
That 7.5 foot strip of land as shown on the north side of Lots I and 3
through 22, in Block 1, according to the Plat of Boynton Place, as recorded
in Plat Book II, Page 40, Public Records of Palm Beach County, Florida
And
That 6.3 foot strip of land as shown on the south side of Lots 3 through 22,
in Block 5, according to the Plat of Lake Addition to Boynton Florida, as
recorded in Plat Book II, Page 71. Public Records of Palm Beach County,
s:\C \ rdmances\Aoandonments\NE 7th and 8th Ave Alley_doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Florida.
Subject to said property being designated as a utility easement for those
franchised utility services operating within this strip ofland.
NOTE: The property abandorunent shall be divided according to the
common plat line that created each "half' of the property.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this ~ day of A UGu,sT
,2007.
SECOND, FINAL READING AND PASSAGE THIS _day of
2007.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
II
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:IC I rdlnanceslAbandonmentslNE 7th and 8th Ave Alley.doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the Citv Commission of the City
of Boynton Beach, Florida, does hereby abandon an alley between "Northeast ih Avenue and
Northeast 8th Avenue, East of Federal Highway, along the boundary of the Lake Addition and
Boynton Place Subdivisions, subject to staff comments. The property being abandoned is
more particularly described as follows:
That 7.5 foot strip of land as shown on the north side of Lots 1 and 3
through 22, in Block 1, according to the Plat of Boynton Place, as
recorded in Plat Book 11, Page 40, Public Records of Palm Beach
County, Florida
And
That 6.3 foot strip of land as shown on the south side of Lots 3 through
22, in Block 5, according to the Plat of Lake Addition to Boynton
Florida, as recorded in Plat Book 11, Page 71, Public Records of Palm
Beach County, Florida.
Subject to said property being designated as a utility easement for those
franchised utility services operating within this strip ofland.
NOTE: The property abandonment shall be divided according to the
common plat line that created each "half' of the property.
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
dav of
,2007.
ATTEST:
CITY OF BOYNTON BEACH. FLORIDA
Janet M. Prainito, CMC
City Clerk
Kurt Bressner, City Manager
S:\CA\OrdlnanceslAbandonments\NE 7th and 8th Ave Alley,doc
STATE OF FLORIDA
)
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and
Janet M. 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
,2007.
day of
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:ICAIOrdinanceslAbandonments\NE 7th and 8th Ave Alley,doc
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-064
Chair and Members
Community Redevelo~~t Agency Board
Michael w. Rumpflp\,l
Planning and Zo~in~~ector
Kathleen Zeitle;~~
Planner
July 3, 2007
City-Initiated Abandonment of Alley between NE 7th Avenue and NE Sth Avenue, East of
Federal Highway (ABAN 07-003)
NATURE OF REOUEST
Mr. H. David Kelley, Jr., Assistant Director of Public Works and City Engineer, as agent for the property
owner (City of Boynton Beach), is requesting an abandonment of an existing alley located east of Federal
Highway between NE ih Avenue and NE 8th Avenue.
The subject property is described as an unimproved alley located north of lots fronting on NE 7th Avenue
(Block 1, Boynton Place) and south of lots fronting on NE Sth Avenue (Block 5, Lake Addition). The subject
alley extends eastward from a 20-foot wide alley parallel with Federal Highway, to NE 7th Street (see
Location Map - Exhibit "A"). This alley is represented by a 7 .5-foot wide strip of land at the boundary of the
plat of Boynton Place, and a 6.3-foot wide strip of land at the boundary of the plat of Lake Addition.
Together the 13.S-foot wide strip was intended to be an alley right-of-way but was never improved or used
as an alley. Utilities exist upon the subject property which, in conjunction with the abandonment, would
become a dedicated utility easement.
The following is a description of the zoning districts and land uses of the properties that surround the
subject property to be abandoned:
North -
South -
East
West -
Lots 2 - is of Block 5, Lake Addition consisting of a single-family residential subdivision
designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A) and
Lots 19 - 22 of Block 5, Lake Addition consisting of multi-family residential (Seven J's Motel)
designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A);
Lots 1 - 22 of Block 1, Boynton Place consisting of a single-family residential subdivision
designated Low Density Residential (LDR) and zoned Single-family Residential (R-I-A);
Right-Of-way for NE 7th Street, and farther east, Lots 15 - 16 of Block 7, Lake Addition
abutting the Intracoastal Waterway consisting of a single-family residential subdivision
designated Low Density Residential (LDR) and zoned Single-family Residential (R-1-A); and
Right-of-way for a 20-foot alley, and farther west, Lot 23 of Block 5, Lake Addition and Lot
23 of Block 1, Boynton Place, both lots fronting on Federal Highway and designated as
General Commercial (GC) and zoned General Commercial (C-4).
Page 2
Memorandum No. PZ 07-064
ABAN 07-003
BACKGROUND
In March and April of 1925 respectively, the plats of Boynton Place and Lake Addition were approved.
These plats included several alleys dedicated to the perpetual use of the public, reserving unto the
developers or successors the right of reversion whenever abandoned by the public or discontinued by law.
The subject property is indicated on the plats as an open public area, separate from the adjacent lots.
Although the subject property was never used or improved as an alley as intended by the recorded plats,
the property was dedicated to the public as a right-of-way and is under the control and jurisdiction of the
City Commission.
The city-initiated application states the following grounds and reasons for the requested abandonment:
(1) City staff is unable to identify any public purpose for maintaining this property as an alley right-of-way;
(2) continued City ownership suggests continued future responsibility and associated liability; and, (3) staff
believes this area will best serve adjacent residents through private ownership. The City should designate
the property as a utility easement and continue to provide utility services to the rear of these lots. If
abandoned, the two (2) strips of land will be reverted to each adjacent property owner as land to be added
to their lot. A utility easement equivalent in width to the existing alley is proposed on the subject property.
ANALYSIS
Pursuant to Chapter 22/ Article IV, Section 4, public notice was given, 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 (see Exhibit "B"):
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works/Utilities
Planning and Zoning
No objection
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Objection - (According to Engineering, the dedication
of an easement would remove their objection).
No objection with easement
No objection
No response (2 notifications)
Bell South
Florida Public Utilities Company
Cable Company (Comcast)
RECOMMENDATION
Staff recommends that the request to abandon the alley as described above be approved based on the
finding that the alley provides no public purpose, and all existing utilities within the subject property would
remain within a dedicated utility easement. Any conditions required by the Community Redevelopment
Agency Board and the Commission will be placed in Exhibit "C" - Conditions of Approval.
S:IPlannlngISHAREDIWPlPROJECTSINE 7"' Ave and NE S"' Ave ABANlStaff Report.doc
I
__.L.____L-
NE 7TH ST
HST
NE
.
:-T
! ~ I ~
i
I __L_-
r=:
I
~----
----- I
--
Q
...
Q
Q
I
Q g!
'PI ( ~ 1
I Q I Q I
~--:-+ ~ -~'
L g L--~--
.- ~ --1 Q
,----g-- i ._~
I :; f Q I
Q I C')
I --=-__-L--L-----J
-- I'" I
I : j C!_ i
I Q ,---- l
'---------i ;; i
I ... I C! I
I g 1-:----1
r- ::--~l g
I g i ~ 1
I~ -----1. O_~
, ... . ~:w ~
i ~ l--=t ~ i ~ ! 10 Q
I ~:I:' i : wN
II Q---!~ ~ jt; !~.
C') 10 iW ~
= ! ~ 'Z In _
1------ 0 ~!O_
I I · I h-I
'I ~ im ~ . II j In II)
Q I Q. I Q
-------L--W----i ~---
.....-- i I ...
I . ! lD
I ~ ~. 0
l Q __+- ~-J
i ~ i
I = ~-~----l
i Q I ~
~ Q
r-- Q
00
N
Q
Q
...
Q
Q
i
I
-,
Q I
. I
Q !
Q ---1
--~ I
~---I
CD I
Q ,
~----i
Q I
p... ,
g _--J
.---- !
I
-;Wl
;Ol
:: C:t w
=-'-->
_ft ~
:;.... i:
-jt--
" - - w
..., C') .
o ;, -F
..J '
m:O!
<po i
Q ;
-,
;Z '
"":,- :
Q~
-01
Q ,
~m .
Cii
~
o
o
It)
.-
----I
I
-----1
I
I
..J
--=::-1
- I
i
!
-1
I
i
.J
--I
I
...J
--I
I
I
I
i
,
I
IW
i~
-I:
i...
-~~
I
!
!
I
I
.,
I
.f:
I Q
1 CD
1__-:
r----
I
I
r-
I
-
<c
-
-
r-
-
CD I
-
I I
I
X J
I
I
W I
!
I
I
"t. I
Q.)
c
0
"'0
C
co
..c
<(
0 Q.)
~ ..c
-0
...
0
-+-'
>-
Q.)
-
-
<(
CI
00
CI
Q
...
00
Q
Q
,
~----
Q
Q
-
Q
Q
Q
-
Q
,_.
I
i Q
iN ~
Q
i .
! ~ ...
; 0 ~
10 Q
~'Q
i m ~
) Q
l-
t)
:r.
~
w
z
I
i
--1
i
I
.-
CD
-
Q
.-
....
.-
=
Q
GO
.-
Q
--i
I
I
----1
i
...
c.
-
Q
~-;:;--1 ~
! ~ I ~ i
:---- Q f- I
f ----------l ------~---1
Q I :
. - I ~
i ~ I S i
i.. -------_______ ----J .___1
--.------.---- '
Q
Q
N
Q
Q
Q
N
CI
=
ca
-
Q
---~-...
=
N
N
=
=
N
N
=
'-----..--.--._~--
r-----
--------.-
I
---~--,
Q
N
=
.....
-.----....'
=
C')
N
Q
=
M
N
=
Q ...
C') "II'
N N
Q Q
N\1H ~EJaa::J tv
-------.r----.--- ---r--------- --_________
~ I ... i = .
C) ~! g
= I Ct
il ~____
-------- '-------
N FEDERAL HWY
AMH 3C3:J N
~
-.'-------------
: !
Ct let =
N
i!
'-.I''' IILJI' U
.
F=PL
Florida Power & light Company. 21400 Powerline Road. Boca Raton. FL 33433
ECEIVED
,.r
f
i
"
:;
ti\f":'~ l 0 '2rJ.i!1
ENGINEERING
May 8, 2007
City of Boynton Beach
Attn: Mr. Kelly, Jr., PE/PSM
City Engineer
P.O. Box 310
-ljoynton Beach, Florida33425...0310
Re: Proposed "Alley" Abandonment between NE 7th and NE 8th Avenues
Located East of Federal Highway to NE 7th Street
Dear Mr. Kelly:
The area you are requesting for abandoning as stated in your letter dated May 7, 2007 has
been reviewed as requested.
Please be advised that FPL does object to the above abandonment. FPL has existing
overhead facilities that run the length of the Alley from Federal Highway to NE 7th
Street. These existing overhead facilities provide service to those customers that back up
to the Alley
If you have any questions, please don't hesitate to call me at (561) 479-4511.
Sincerely,
~_1CLJ- J-*:::-
John R. Van Vleet
Senior System Project Manager
an FPL Group company
...--
,-,u IILJI I U
@ BELLSOUTH
BellSouth Telecommunications, Inc.
Engineering Department
2021 So. Military Trail
West Palm Beach, FL 33415
Office: 561439-9118
Fax: 561-964-3499
April 2, 2007
Mr. H. David Kelley, Jr.
City Engineer
Public Works Department
P.O. Box 310
Boynton Beach, Florida 33425-0310
" D
i APR ! 2 2007
,
Re: Proposed Alley Abandonment between NE Seventh & Eighth Avenues, East
of Federal Highway, Boynton Beach, Florida
Dear Mr. Kelley:
BellSouth Telecommunications, Inc. has reviewed the above-referenced abandonment
request and has existing aerial cable and poles along the alley. BellSouth will require an
easement to maintain the existing cables.
Please contact my office if you require additional information concerning this matter.
Qn'f~
Robert Lowen
Project Manager
Cc: Steve Buck
Attachment
L-I'\.I IIL.....I'I I L.I
.
FLORIDA PUBLIC
UTILITIES
RECEIVED
; ,
~; fI.\' I 11 ~:ur'iD7
1"11-\1 ,L\ L.. '
1
~
loi.
" ENGINEERING
FPUC Ref.: #002
May 9, 2007
H David Kelley
City of Boynton Beach
Public Works Department
PO Box 310
Boynton Beach, FL 33425
RE: Petition to 'abandon/vacate an alley between NE ih & 8th Ave located east of
Federal Hwy, Boynton Beach, FL
Dear H David Kelley:
Please be advised that Florida Public Utilities Company has no objection to the
abandonment of the existing or easements or right-of-ways as described in your letter.
At the present time, we have no underground gas distribution facilities located within
the limits of the proposed abandonment. If you have any additional questions or concerns
please feel free to call me at 561-838-1771.
Sincerely,
? Hef~
Patty McLeod
Engineering Technician
PO BOX 3395 . West Palm Beach, Florida 33402- 3395. Phone: 561.832.0872 . Web: www.fpuc.com
EXHIBIT "e"
Conditions of Approval
Project name: NE 7th Ave and NE 8th Ave
File number: ABAN 07-003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
I I
I
Comments: +-
1. Abandonment is contingent upon retaining the full width as a utility easement. X i
BUILDING DIVISION
Comments: None X
P ARKS AND RECREA nON i
i
Comments: None X
FORESTER/ENVIRONMENT ALIST ,
Comments: None I X
i
Conditions of Approval
NE 7th Ave and NE 8th Ave ABAN
I DEP ARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\NE 7th Ave and NE 8th Ave ABAJ\T\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: City-Initiated Alley Abandonment between NE ih Ave and NE 8th Ave
APPLICANT'S AGENT: Mr. H. David Kelley, Jr., Assistant Director of Public Works
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 21,2007
TYPE OF RELIEF SOUGHT: Request to abandon an unimproved alley right-of-way and dedicate as
a utility easement
LOCATION OF PROPERTY: Between NE ih Avenue and NE 8th Avenue, east of Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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\NE 7'" Ave and NE 8'" Ave ABAN\DO.doc
,.....,.".-"."~~~,~,,~."">>'.,,
"'SL\" ':.,~ '"
, ,.' ' ~
~, . . ~
~ / - ,
: ,. - '
, ' ~
tfi~~ . ):t
\ c;., /~u
" .... ..... ,
1';:; N 0
XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
r8J August 2] , 2007 August 6, 2007 (Noon.) D
D September 4, 2007 August 20, 2007 (Noon) 0
D September ]8,2007 September 3, 2007 (Noon) 0
0 October 2, 2007 September 17,2007 (Noon) 0
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Citv Clerk's Office
October 1 6. 2007
October], 2007 (Noon
(;
0 Announcements/Presentations 0
NATURE OF 0 Administrative 0
AGENDA ITEM 0 Consent Agenda ~
0 Code Compliance & Legal Settlements 0
0 Public Hearing 0
City Manager's Report,=,?
New Business ~
October 15, 2007 ~~n) C)-I
-t ::::;-<
November 5, 2007 ~n) ~~ ~
c;-> ',.- OJ
November] 9, 2007 ~oon);; ~
~:z:
-0 ..i)-{
-"'- - 0
:::>=
""'co
::!f'Tl
CJ::>
m("")
:I:
November 7, 2007
November 20, 2007
December 4, 2007
Legal
Unfinished Business
RECOMMENDATION: Approve the attached Ordinance on first reading to amend Section 18-135 of the Code of
Ordinances, entitled "Board of Trustees" of the General Employees Pension Plan.
EXPLANATION: The Board of Trustees of the General Employee Pension Plan is composed of seven (7) members.:
The Mayor, The City Manager, two (2) citizens appointed by the City Commission, one (1) employee representative selected
at large by the members of the Plan, one employee representative selected by the membership who must be a Union member
and one employee who is not a union member. The attached Ordinance modifies the configuration of the Board by allowing
the City Manager to appoint a designee to serve in the Manager's place on the Board. The City Manager's Designee must be
ratified by the City Commission.
PROGRAM IMPACT: None.
FISCAL IMPACT: None
ALTERNATIVES: Not approve the Ordinance and require the City Manager to be one of the Board of Trustees of the
General Employees Pension Board.
~ /#}:<;
Department Head's Signature
~U~
City Manager's Signature
owV
Assistant to City Manager
City Attorney
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I'
I
I,
II
111 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING CHAPTER 18, ARTICLE II OF
5 THE CODE OF ORDINANCES OF THE CITY OF
6 BOYNTON BEACH, FLORIDA TO AMEND ~18-135,
7 ENTITLED "BOARD OF TRUSTEES," TO ALLOW THE
8 CITY MANAGER TO APPOINT A DESIGNEE AS A
9 MEMBER OF THE BOARD TO SERVE IN HIS PLACE;
10 PROVIDING FOR CODIFICATION; CONFLICT;
11 SEVERABILITY; AND PROVIDING AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the General Employees' Pension Plan Board of Trustees (the
15 "Board") is composed of seven members of the Board, one of which is the City
16 Manager; and
17 WHEREAS, it is the desire of the General Employees' Pension Plan Board of
18 Trustees ("Board") to enable the City Manager to appoint a designee to serve in his
1911 place on the Board; and
20 WHEREAS, the City Commission has reviewed the recommendations of the
211 Board and finds the amendments to the Plan proposed by the Board as provided herein
22 to be in the best interests of the Plan members and the City;
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIOl\'
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as being
26 true and correct and are incorporated herein by this reference.
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page 1 of 4
I
j J
'-'~~,*l""*";;'ie"~'
1
Section 2.
Chapter 18, Article II, Division 4, S 18-77 of the Code of
2
Ordinances of the City of Boynton Beach, Florida, entitled "Creditable Service," is
3
hereby amended to read as follows:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
~18-135.
Board of Trustees.
(a) Composition of the Board. The composition and terms of the seven (7) members
of the Board of Trustees of the Employees Pension Plan of the city are hereby
established as follows:
(1) The Mayor.
(2) The City Manager, or his designee. The appointment of a City Manager
designee by the City Manager shall be ratified by the City Commission.
(3) Two (2) individual citizens who shall be appointed by the City Commission
to serve for three (3) year staggered terms.
(4) One (1) employee representative member shall be elected at-large by the
members of the Plan to serve a three (3) year term.
(5) One (1) employee representative member shall be elected to serve a three
(3) year term by all members of the plan from the general membership of the plan,
provided the member is a member of a bargaining unit of the city.
(6) One (1) employee representative member shall be elected to serve a three
(3) year term by all members of the plan from the general membership of the plan,
provided the member is not a member of a bargaining unit of the city.
(7) Employee representatives on the Board must be actively employed at the
city to be elected to the Board. An employee who enters the DROP as provided in S 18-
127, may continue to serve out the remainder of their term on the Board, but an
employee representative may not be elected to the Board if they have already entered
into the DROP prior to the election.
27 (8) The terms of the employee representatives on the Board shall be staggered.
28
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page 2 of 4
Section 3.
It is the intention of the City Commission of the City of Boynton
2 Beach that the provisions of this Ordinance shall become and be made a part of the
3 Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this
4 ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to
5 "Section", "Article" or such other word or phrase in order to accomplish such intention.
6
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of
7 Resolutions in conflict herewith be and the same are hereby repealed to the extent of
8 such conflict.
9
Section 5.
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
II
13 remaining in full force and effect.
14
Section 6.
This Ordinance shall become effective when the following has
15 occurred:
16
a)
the foregoing changes to pension benefits has been ratified by the collective
17
bargaining unites) representing the General Employees. or their successor
18
organizati on;
19
b)
the City Commission has received and has accepted a report establishing
20
the actuarial soundness of these an1endments; and
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page 3 of 4
! ,
I I
1
c)
a copy of this ordinance has been forwarded to the State of Florida
2 Division of Retirement.
3 Upon satisfaction of this requirement, then in that event, the terms and provisions
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ;
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
4 of this Ordinance shall become effective.
5
FIRST READING this _ day of
SECOND, FINAL READING
,2007.
FLORIDA
ATTEST:
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
CODING:
,2007.
and PASSAGE this _ day of
CITY
OF
BOYNTON
BEACH,
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Mack McCray
Commissioner - Carl McKoy
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page 4 of 4
!\"{:...? '"
../ ..... .......\
F...... · ..;
U\ \. ! :r:
0' ..... ..../v
>~ j~.
"'ON"
XII. - LEGAL - 1st Reading
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
[2J August 21, 2007 August 6, 2007 (Noon.) D
D September 4, 2007 August 20, 2007 (Noon) D
D September 18, 2007 September 3,2007 (Noon) D
D October 2, 2007 September 17,2007 (Noon) D
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
October 16, 2007 October I, 2007 (Noon
November 7, 2007 October 15,2007 (Noon)
November 20,2007 November 5, 2007 (Noon)
n
n-i
=i-<
-<0
,:', -"
--co
010
:0-(
:::;:'Z
::P' u) -i
:J: ':::J~
0.. """CD
~fT'1
CJ>
RECOMMENDATION: ex> fT'1~
Approve the first reading of Ordinance no. 07-_ amending sections 26-9 and 26-34 of the City's Code
governing rates for potable water, wastewater, and capital facilities charges.
December 4, 2007 November 19,2007 (Noon)
AnnouncementslPresentati ons
City Manager's Report
o
-.J
:J:lO'
c:
G?
I
W
Consent Agenda
Code Compliance & Legal Settlements
Public Hearing
D
D
[2J
D
D
New Business
NA TURE OF
AGENDA ITEM
D
D
D
D
D
Administrative
Legal
Unfinished Business
EXPLANATION:
Based upon a rate study completed by CH2MHiII, the City's Utilities Department will require additional
revenues in order to properly operate and maintain the current system, and also to allow for future
expansions and improvements. The rate structure adopted via this ordinance will generate the revenue
required to meet these future demands.
PROGRAM IMP ACT:
Sufficient revenues are essential for maintaining proper coverage on existing bonds' debt service, and for
assuring the long-term stability of the system.
FISCAL IMPACT:
The new potable water and wastewater rates are anticipated to generate approximately 27.4 million dollars
in operating revenues for the upcoming fiscal year of 2007-08.
ALTERNATIVES:
Leave the current rates in place.
~<5P~ IJ. I< 11.-.4..., flJ..?
Depa ment Head's Signature '
~~
CIty Manager's SIgnature
Assistant to City Manager ~
UTILITIES
Department Name
City Attorney / Finance
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Xc: Peter Mazzella (w/copy of attachments)
Barbara Conboy
City Attorney
Finance Dept
File
S\BULLET1N\FORMSIAGENDA ITEM REQUEST FORM,DOC
1 ORDINANCE NO. 07-
2
3 AN ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA
5 AMENDING CHAPTER 26, WATER, SEWERS AND
6 CITY UTILITIES, AMENDING SECTION 26-9,
7 REVISING THE RATE SCHEDULE FOR POTABLE
8 WATER AND WASTEWATER; AMENDING SECTION
9 26-34, REVISING THE CAPITAL FACILITIES
10 CHARGE IMPOSED; AND PROVIDING FOR
11 CONFLICTS, SEVERABILITY, CODIFICATION AND
12 AN EFFECTIVE DATE.
13
14 WHEREAS, at the direction of the City Commission of the City'of Boynton Beach,
15 in 2005 the City's utility system consulting engineers, CH2M Hill Consulting Engineers,
16 conducted a study on water and sewer rates necessary in order for the City to provide the
17 desired level of services ("Study"); and
18 WHEREAS, based on their review of the Study and the potable water, wastewater
19 and stormwater systems and the capital facilities charges, City staff recommends
20 modifications to Chapter 26, Water, Sewers and City Utilities, of the Code of Ordinances;
21 and
22 WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of
23 proposed increase to any rate, charge or fee for water or sewer utility service, have been
24 satisfied, as the required notice has been furnished to each utility customer through the City's
25 regular billing process; and
26 WHEREAS, the City Commission of the City of Boynton Beach has determined that
27 the revenue requirement for the City's potable water, wastewater and stormwater systems will
28 increase 6.5% for FY 2008 and then 5.5% annually through 2012; and
29 WHEREAS, in order to ensure that the projected requirement increases are covered,
adjustments for potable water and wastewater rates and capital facilities are necessary; and
2 WHEREAS, the City Commission of the City of Boynton Beach, based upon the
3 justification provided by the City's utility system consulting engineer in a report to the City
4 Commission in May 2007, and by City staff, deems it to be in the best interests of the citizens
5 and residents of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City
6 of Boynton Beach Code of Ordinances to provide for these necessary changes;
7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
9
Section 1.
Each Whereas clause set forth above lS true and correct and
10 incorporated herein by this reference.
11
Section 2.
That Chapter 26, Article I, Section 26-9, entitled Water and
12 II wastewater rates and charges, is hereby amended in part by deleting Schedule I, Potable
13 Water Rates, and replacing the same with a new Schedule I, Potable Water Rates, as follows:
14
15
Sec. 26-9. Water and wastewater rates and charges.
16
17
18
19
20
21
22
23
24
The monthly rates and charges for water and wastewater shall be as
set forth in the five-year schedules in this section. Such rates shall become
effective on October 1 sl of each of the fiscal years indicated and shall not be
prorated:
SCHEDULE 1. POTABLE WATER RATES
(a) Residential Rates:
"~10;lth(v Pot<<hle
Inside City
I Outside Cif]'
i .
"
Base facility chart!e
o 9.000
gallons/month
, $5.00 per month
5; I .44 per thousand
gallons
! $1.15 per thousand
, gallons
2
J j
, I
! r
I
Ii
~ Ii
3
Ii
Ii
Ii
II
II
III
: II
6 I
II
II
I
I
I !~~;~; ~;;;~ I
oallons
. ~~:;er thous~
I !~r~; ~;;;~;
;;;: ~per th~~;;;;;d
I~~~E
o-al10ns/month
~~:1~~:t:
(b )(b) Commercial Rages:
JJ101lthl)' Potable Inside City Outside Ci(J;'
TJ"7_
n, f:'. ',. .L \1'0 nn ~~_ $10.00 per month
'-VV."" FV>
0 9,000 $1.15 per thousand $1.11 per thousand
.11 "
9,000 30,000 $1, 96 per thousand $2.45 per thousand
gallons/month " ,11.
Over 30,000 $2.75 per thousand $3. 4 4 per thousand
gallons/month ,11~"n "n 11~"n
b~' v uv
(a) Residential and Commercial rates inside city:
Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
Year Charge Charge gallons/ 30,000 50,000 50,000
(Residential) (Commercial month * gallons/ gallons/ gallons/
) month* month* month *
2007 - $4.40 $8.80 $1.16 $2.07 $2.75 $3.39
08
2008- 4.84 9.68 1.27 2.27 3.03 3.73
09
2009- 5.23 10.45 1.37 2.45 3.27 4.03
10
2010- 5.44 10.87 1.43 2.55 3.40 4.19
11
2011- 5.44 10.87 1.43 2.55 3.40 4.19
12
7
8 (b) Residential and Commercial rates outside city:
9
Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
Year Charge Charge gallons/ 30,000 50,000 50,000
(Residential) ( Commercial month* gallons/ gallons/ gallons/
) month* month * month*
2007- $5.50 $11. 00 $1. 44 $2.58 $3.44 $4.24
08
2008- 6.05 12.10 1.59 2.84 3.78 4.67
09
3
I
2
3
2009- 6.53 13.07 1.72 3.07 ,4.08 ' 5.04 l
10
2010- 6.80 13.59 I 1.78 3.19 4.25 5.24
11 I
,
2011- 6.80 13.59 11.78 I 3.19 4.25 i 5.24
12 I
*Represents monthly usage rates per thousand gallons
4 Section 3.
That Chapter 26, Article I, Section 26-9, entitled Water and wastewater rates
5 and charges, is hereby amended in part by deleting Schedule II, Wastewater Rates, and
6 replacing the same with a new Schedule II, Wastewater Rates, as follows:
7 SCHEDULE II. WASTEWATER RATES
8 (a) Residential and commercial rates inside city:
f+seal Base Commodity Rate 1 Rate If No Viator !
I
Dollars Per Thousand I Meter
G~~llons ,
I
1990 c)1 Pm &-h-2-+ S 16. '15 I
1991 92 ~ ! ~ I ++:48
1992 93 -9:4+ ! ~* ~
1993 91 -f-G:-l.-; -h-?4 +9-;74
1994 95 +G:--H -h-?4 +9-;74 "'
9
(b) Residential and commercial rates outside city:
I Fis€a! I Base i g:~~y ~::
I Rate I[No \Vater
i Dollars Per Thousand M-et€t'
I I
I I Gullon~;
,
1990 91 ~ ~ 520.55 .
i 1991 OJ ~ h+G ~
i /~ .
1992 93 -l+-:#t i l-:-g '3.21
---~~-----_...__.
1993 94 -hhM , ~ .93 ~
,
1994 95 -hhM +-:-9J 2-L67
.._-----.---
10
11
12
(a) Residential and commercial rates inside city:
Fiscal Base i Commodity Rate I Rate If No Wat
I Dollars Per Thousand I Meter
Gallons l:OO
2007-08 $11.14 i $1.69
11.83 ---
2008-09 12.03
24.84
2009-10 i 12.52 -I I. 90 j 25.83
-- -
er
i
-------~
4
~ ~
2010-11 112.77 1.94 26.35
2011-12 112.96 1.97 26.75
1
2
3
(b) Residential and commercial rates outside city:
Fiscal Base Commodity Rate Rate If No Water
Dollars Per Thousand Meter
Gallons
2007 -08 $13.93 $2.12 $28.79
2008-09 15.04 2.29 31.09
2009-10 15.64 2.38 32.33
2010-11 15.95 2.43 32.98
2011-12 16.19 2.47 33.47
I
i
i
4 I
5 I Section 4. That Chapter 26, Article II, Section 26-34 is hereby amended in party
6 IlbY adding the words and figures in underlined type and by deleting the words and figures in
7 I I struck-through type as follows:
8 II Sec. 26.34. Capital facilities charges and connection charges.
9 II (A) CAPITAL FACILITIES CHARGE IMPOSED. When property
10 receives water and/or sewage service from systems owned or controlled by the
11 city, the owner of such property shall pay unto the city a water and/or sewage
12 capital facilities charge as follows:
13
14 (1) Water:
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(a)
(b)
Property located within the municipal limits of Boynton Beach.
Nine hundred thiliy three dollars ($933.00) One thousand one
hundred twenty-two dollars ($1 J 22.00) per equivalent dwelling
unit. "Equivalent dwelling unit" is defined as a unit of construction
having the same water usage as a one-bedroom single-family
home, and the number of equivalent dwelling units, for the purpose
of this calculation, contained within the property shall be
determined in accordance with the schedule attached to Ordinance
Number 80-10 [Article II of this chapter] and by reference made a
part thereof.
Property located beyond the municipal limits of Boynton Beach but
within the utility service area. One thousand one hundred sixty six
dollars ($1,166.00) One thousand four hundred three dollars
($1,403.00) per equivalent dwelling unit. "Equivalent dwelling
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 II
22
23
24 II
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
unit" is defined as a unit of construction having the same water
usage as a one-bedroom single-family home, and the number of
equivalent dwelling units, for the purpose of this calculation,
contained within the property shall be determined in accordance
with the schedule attached to Ordinance Number 80-10 [Article ]I
of this chapter] and by reference made a part thereof.
(2) Sewage:
(a) Property located within the municipal limits of Boynton Beach.
One hundred sixty six dollars ($ 166.00) Six hundred sixty-five
dollars ($665.00) per equivalent dwelling unit. "Equivalent
dwelling unit" is defined as a unit of construction generating the
same amount of sewage as a one-bedroom single-family home, and
the number of equivalent dwelling units, for the purpose of this
calculation, contained within the property shall be determined in
accordance with the schedule attached to Ordinance Number 80-10
[Article II of this chapter] and by reference made a part thereof.
(b) Property located beyond the municipal limits of the City of
Boynton Beach but within the utility service area. Eight hundred
thirty-one dollars ($831.00) Two hundred scycn dollar;:; ($207.()(J)
per equivalent dwelling unit. "Equivalent dwelling unit" is defined
as a unit of construction generating the same amount of sewage as
a one-bedroom single-family home, and the number of equivalent
dwelling units, for the purpose of this calculation, contained within
the property shall be determined in accordance \vith the schedule
attached to Ordinance Number 80-10 [Article II of this chapter]
and by reference made a part thereof.
Said capital facilities charge is designed to cover the cost of existing or
additional raw water production facilities, water treatment facilities and water
distribution facilities together with sewage transmission facilities either existing
or additions and improvements thereto which will be utilized by the city to
provide water and sewer service to said property. Said capital facilities charge
shall be paid or in part credited if appropriate upon the issuance of the first
building permit issued on the owner's property and shall be computed based upon
the rate in effect upon that date.
Section 5.
Each and every other provision of Chapter 26, not herein specifically
amended shall remain in full force and effect as previously enacted.
6
Section 6.
All ordinances or parts of ordinances in conflict herewith be and the
2 same are hereby repealed.
3
Section 7.
Should any section or provision of this ordinance or portion hereof,
4 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
5 invalid, such decision shall not affect the remainder of this ordinance.
6
Section 8.
Authority is hereby granted to codify said ordinance.
7
Section 9.
This ordinance shall become effective October 1, 2007.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
FIRST READING this _ day of
,2007.
SECOND, FINAL READING AND PASSAGE this
,2007.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
ATTEST:
Commissioner - Mack McCray
Janet M. Prainito, CMC
City Clerk
Commissioner - Carl McKoy
(CORPORATE SEAL)
7