The URL can be used to link to this page

Agenda 11-18-08 The City of Boynton Beach ." .,}f/ I' ) g : , ' .I : W<,","N ........./,',',',~.> . :;' ._.___, ",,>, ',_ u ~, 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission REVISED AGENDA NOVEMBER 18, 2008 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor - District III Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney 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 &. PROCEDURES FOR PUBUC 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. " . 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 CTTY COMMISSION MEETING REVISED AGENDA November 18, 2008 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father Germain Kopaczynski, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. Holiday Boat Parade -- Friday, December 12, 2008 beginning at 6:30 p.m. at the Boynton Beach Inlet south to the C-15 canal south of Delray Beach. Food and beverage vendors will be available. Attendees are encouraged to bring a new unwrapped toy for Toys for Tots. 2. Holiday Extravaganza - Saturday, December 6, 2008 beginning at 5 p.m. with a parade on Federal Highway, 6:45 p.m. a tree lighting ceremony at the Schoolhouse Children's Museum and then a FREE concert featuring Jon Secada, at 7 p.m. on Ocean Avenue. Parking available at the Bank of America with free trolley service to the concert site from 6:30 p.m. to 10:30 p.m. B. Community and Special Events: None C. Presentations: 1. Proclamations a. National Geographical Systems (GIS) Day - November 19, 2008 1 Revised Agenda Regular City Commission Boynton Beach, FL November 18, 2008 IV. PUBUC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE UMITED 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> V. ADMINISTRATIVE: A. Appointments Appointment length of Term To Be Made Board Expiration Date III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Cemetery Board Alt 1 yr term to 12/08 I Weiland Code Compliance Board Alt 1 yr term to 12/08 Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) II Hay Community Relations Board Alt 1 yr term to 12/08 Tabled (2) I Weiland Education & Youth Advisory Board Alt 1 yr term to 12/08 III Rodriguez Library Board Alt 1 yr term to 12/08 Tabled (3) II Hay Library Board Reg 3 yr term to 12/09 Tabled (3) II Hay Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (3) IV Ross Recreation & Parks Advisory Board Reg 3 yr term to 12/09 III Rodriguez Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3) IV Ross Veterans Advisory Commission Reg 3 yr term to 12/08 Tabled (3) 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. Regular City Commission - November 5, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Approve a five (5) year lease of a BizHub PROC 6500 ENTRY COLOR AND B/W Digital high production Printer/Copier/Scanner for the Utility 2 Revised Agenda Regular City Commission Boynton Beach, FL November 18, 2008 Customer Relations Division to print the water bills utilizing the existing Master Agreement with Konica Minolta Business Systems for a total expenditure over (5) years of $211,036.80. (Proposed Resolution No. ROB-129) 2. Approve RESPECT of Florida for janitorial services at the Utility Department's Administration Building, East Water Treatment Plant and West Water Treatment Plant for a one year period. The total cost is $49,960.84. (Proposed Resolution No. ROB-130) 3. Approve the sole source purchase of six (battery-powered) stretchers as per Fire Rescue's budgeted capital equipment line item 64-23, from Stryker-EMS Equipment, of Portage, MI, for a total expenditure of $59,957.34, including the trade-ins of $1,200. C. Resolutions 1. Proposed Resolution No. R08-131 RE: Approving and authorizing execution of an Interlocal Agreement, Utility Easement and Temporary Construction Easement between Palm Beach County and the City of Boynton Beach in support of the City's construction of the new regional force main. 2. Proposed Resolution No. R08-132 RE: Approving and authorizing execution of a Temporary Construction Easement and a Utility Easement between Santa Lucia Holdings, LLC and the City of Boynton Beach in support of the City's construction of the new regional force main. 3. Proposed Resolution No. R08-133 RE: Approving and authorizing execution of a Temporary Construction Easement and a Utility Easement between Bethesda Healthcare System, Inc., and the City of Boynton Beach in support of the City's construction of the new regional force main. 4. Proposed Resolution No. R08-134 RE: Approving and authorizing execution of a Temporary Construction Easement and a Utility Easement between Standard Pacific of South Florida and the City of Boynton Beach in support of the City's construction of the new regional force main. 5. Proposed Resolution No. R08-135 RE: Approving and authorizing execution of a Right-of-Way Consent Agreement between Florida Power & Light (FP&L) and the City of Boynton Beach in support of the City's construction of the new regional force main. 3 Revised Agenda Regular City Commission Boynton Beach, FL November 18, 2008 6. Proposed Resolution No. R08-136 RE: Approving and authorizing termination by the Birdie Golf Ball Company of the existing contract to dive the lakes at The Links at Boynton Beach Golf Course 7. Proposed Resolution No. R08-137 RE: Approving and authorizing execution of a contract with MALLARD GOLF INC. to retrieve golf balls from the nine (9) lakes at The Links at Boynton Beach Golf Course in consideration of $4,400 annually paid to the Golf Course. 8. Proposed Resolution No. R08-139 RE: Approving the adoption of the City of Boynton Beach's Community Development Block Grant (CDBG) Substantial Plan Amendment. D. Approve the reduction of a performance bond by 80% from $1,760,000 to $352,000 for the Gateway Boulevard widening to six lanes divided, from Renaissance Boulevard eastward to High Ridge Road. E. Approve the release of the 10% balance of the original Letter of Credit #136192060677 issued by Commerce Bank for the Winchester Shops. F. Accept the written report to Commission of purchases over $10,000 for the month of October 2008. G. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: A. Affirm or modify the decision of the Code Compliance Board with respect to their ruling on Lien Reduction Case File 07-2415 as provided for in Part II, Chapter 2, Article V, Section 2-90 (4) in our Code of Ordinances. 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: Casa del Mar (SPTE 08-009) Agent: Lauren Lending of Siegel, Lipman, Dunay, Shepard and Miskel, LLP Owner: Ocean Boulevard Properties, LLC Location: 2632 North Federal Highway Description: Request for a second one (1) year time extension of the site plan (NWSP 06-015) and Height Exception (HTEX 06-007) approved on 4 Revised Agenda Regular City Commission Boynton Beach, FL November 18, 2008 July 18, 2006, thereby extending site plan and height exception approval from July 18, 2008 to July 18, 2009. B. Project: Sparkle Clean Car Wash (COUS 08-006) Agent: Jason S. Mankoff of Weiner, Aronson & Mankoff, P .A. Owner: Boynton Beach Car Wash, LLC Location: 3008 South Congress Avenue East side of Congress Avenue, approximately 275 feet north of SW 30th Avenue. Description: Request to add automobile detailing service to a previously approved 4,880 square foot fully automated carwash facility (COUS 05-004), located on a 0.88 acre parcel zoned M-1 Light Industrial. C. Project: National City Bank (NWSP 08-004) Agent: Duncan Jappy, Interplan, LLC Owner: 1950 Congress Avenue, LLC Location: 500 North Congress Avenue Description: Request for new site plan approval for a 5,087 square foot financial institution and related site improvements on a 1.66 acre parcel zoned C-3 (Community Commercial). D. Project: Palm Cove PUD (fka Miller Road Project) (SPTE 08-008) Agent: Bonnie Miskel, Esq., of Siegel, Lipman, Dunay, Shepard and Miskel, LLP Owner: Boynton Townhomes, LLC Location: Old Dixie Highway and South Federal Highway approximately one- quarter (1/4) mile north of Gulfstream Boulevard Descri ption: Request for a second one (1) year time extension of the site plan (NWSP 05-031) approved on January 3, 2006, thereby further extending site plan approval from July 3, 2008 to July 3, 2009. E. Project: Bru's Room Sports Grill (COUS 08-005) Agent: Bob Brudzinski Owner: Bob Brudzinski Location: 1333 North Congress Avenue Description: Request to rescind the recent conditional use approval for a night club (live entertainment), at Bru's Room Sports Grill, located on a 1.08 acre parcel zoned C-3 Community Commercial. F. Project: 3416 South Lake Drive (Jaffe) (ZNCV 08-005) Agent: Steven Jaffe Owner: Maxine Jaffe Location: 3416 South Lake Drive Descri ption: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2 Zoning, Section 5.B.2.a, 5 Revised Agenda Regular City Commission Boynton Beach, FL November 18, 2008 requiring a minimum front yard setback of 25 feet to allow a variance of 11 feet and a front yard setback of 14 feet, for a proposed garage accessory to a single-family residence within the R-1-AAB Single-family Residential zoning district. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2 Zoning, Section 5.B.2.a., requiring a minimum rear yard setback of 20 feet, to allow a variance of 18 feet and a rear yard setback of 2 feet, for a proposed garage accessory to a single-family residence within the R-1-AAB Single-family Residential zoning district. IX. CITY MANAGER'S REPORT: A. Recommend approval of Amendment No. 1 to the Interlocal Agreement with the Community Redevelopment Agency for sharing the cost of improvements along SE 4th Street from Ocean Avenue to SE 12th Avenue. (Proposed Resolution No. R08-138) B. Recommendation of the Recreation and Parks Board to reconsider the development of Meadows I/Nautica Park site as a neighborhood park and consider the development of Quantum Park site as an "eco" nature community park. e. Accept staff report on meeting with local tow vendors and provide policy direction to staff for future tow contract model. x. FUTURE AGENDA ITEMS: A. Solid Waste and Bulk Trash Pick-up Program - December 2, 2008 B. Review of NE 1th Avenue Canal - (Tabled on September 18, 2008 to December 2, 2008) e. Report on available mechanisms to save the Old High School - December 2, 2008 D. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum - December 2, 2008 E. Provide City Staff with policy guidance regarding the degree and breadth of "green" elements to be designed into the new Police Facility located at the intersection of High Ridge Road and Gateway Boulevard - December 16, 2008 F. 2008 Recreation and Parks Strategic Plan Update - January, 2009 6 Revised Agenda Regular City Commission Boynton Beach, FL November 18, 2008 G. Report on cost sharing options for take-home vehicles - January 2009 (In conjunction with continued budget discussions) H. Approve donations to the Juvenile Transition Center in the amount of $6,500 from the Police Department's Law Enforcement Trust Fund (Tabled on August 5, 2008) XI. NEW BUSINESS: A. Consideration of supporting the Florida Trust Historic Preservation by becoming a sponsor for the 2009 Statewide Conference in Palm Beach County. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING 1. None B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING 1. Proposed Ordinance No. 08-022 RE: Amending the City's Comprehensive Plan to implement updates to the Capital Improvement Element; including preliminary changes to the Capital Improvements Schedule; Demonstrating Financial Feasibility as required by State statute. 2. Proposed Ordinance No. 08-031 RE: Amending Part II, Chapter 10, "Refuse and Abandoned Property" by enacting a new Article IV. "Property Maintenance Requirements" to provide for standards for the maintenance of residential and non-residential properties within the City; repealing City of Boynton Beach Code of Ordinances Part III, Chapter 20, Article I, Section 8, "Building Security Code"; Article II, "Electrical Code", Article VIII, "Housing", Section 1, "Generally", Section 2, "Minimum Standards" and Article IX, "Swimming Pools and Spas". (Note: City Manager recommends item be tabled.) 3. Proposed Ordinance No. 08-032 RE: Amending Section 10-30 of the City's Code of Ordinances, Garbage, Trash and Offensive Conditions, Article II, Refuse, Garbage and Trash allowing for rate increase. e. Ordinances - 1st Reading 1. (Intentionally left blank) 7 Revised Agenda Regular City Commission November 18, 2008 Boynton Beach, FL D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECf TO ANY MAlTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACf PAM WELSH, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. REVISED AGENDA 11-14-08 2:30 P.M. S:\CC\WP\CCAGENDA\AGENDAS\year 2008\111808 Revised Final.doc 8 lII.-ANNOUNCEMENTS & PRESENTATIONS Item A.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 19,2008 August 4, 2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 18, 2008 September 2, 2008 (Noon) X November 18, 2008 November 3, 2008 (Noon) D October 7, 2008 September 15,2008 (Noon) D December 2, 2008 November 17,2008 (Noon) X AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Announcement of the Holiday Boat Parade. EXPLANATION: On Friday, December 12,2008 Boynton Beach presents the "Holiday Boat Parade" . The Parade begins at 6:30 pm at the Boynton Beach inlet and proceeds South in the Intracoastal Waterway to the C-15 canal South of Delray Beach. The Boat Parade may be viewed all along the route and in addition a public viewing area will be available at the Boynton Harbor Marina. Food and beverage vendors will be available. Attendees are encouraged to bring a new unwrapped toy for Toys for Tots. . Friday, December 12,2008 - Holiday Boat Parade PROGRAM IMPACT: . ~ .FISCAL IMPACT: fJ. City Manager's Signahrre Assistant to City Manager ~ celt - Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC III.-ANNOUNCEMENTS & PRESENTATIONS Item A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\'J. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20,2008 (Noon) o September 18, 2008 September 2, 2008 (Noon) X November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) X Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrati ve 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Announcement of the Holiday Extravaganza. EXPLANATION: On Saturday, December 6, 2008 Boynton Beach presents "Holiday Extravaganza" . The Parade runs from 5:00pm to 6:30pm, North in the Southbound lane of Federal Hwy., from SE 12th Avenue to Ocean Avenue. The Tree Lighting will take place at 6:45pm at the Schoolhouse Children's Museum at 129 East Ocean Avenue (just east of Seacrest). The FREE Concert featuring JON SECADA starts at 7:00pm untill0:00pm on East Ocean Avenue between Seacrest and NE 1st. Street. Food and beverage vendors will be available. Free trolley service from the Bank of America on the NE corner of Federal Hwy. & Ocean Ave. to the concert site will be available from 6:30pm untill0:30pm. . Saturday, December 6, 2008 - Holiday Parade, 5:00pm to 6:30pm. . Saturday, December 6, 2008 - Holiday Tree Lighting, 6:45pm. . Saturday, December 6, 2008 - FREE Concert featuring JON SECADA, 7:00pm to 10:00pm. PROGRAM IMPACT: ~w, .FISCAL IMPACT: setui-J . Assistant to City Manager ~ CKA Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC lII.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl 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 o August 19,2008 August 4, 2008 (Noon) o October 21,2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20,2008 (Noon) 0 September 18, 2008 September 2, 2008 (Noon) 0 November 18,2008 November 3, 2008 (Noon) 0 October 7, 2008 September 15, 2008 (Noon) 0 December 2, 2008 November 10,2008 (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 0 Public Hearing 0 RECOMMENDATION: Present the Proclamation EXPLANATION: November 19, 2008 is National Geographical Systems (GIS) Day. GIS Day is observed annually as part of National Geographic Awareness Week, which will be observed this year during November 17-21, 2008. GIS is a rapidly growing technology field that translates complex data into more easily understandable maps. The pictorial mapping allows us to recognize trends and demographics, and also supply current information for public safety (i.e., Police, Medical, and Fire) response. The City of Boynton Beach is committed to this year's GIS theme "Discovering the World through GIS" to showcase GIS applications to our schools, organizations, and the public. C;) c:> n:zi CO --< PROGRAM IMPACT: Presentation of this proclamation will highlight the importance of GIS. ::z: -i. -<t7;I 0 c")...., -= FISCAL IMPACT: None I r-qo rt'\O eN ;:l1J.-( ::;:W;;z ALTERNATIVES: NA ." . , UJ..... :x 0 N Oz ~ u ::;(10 N an. ~ ca ':'" .,,";' 'K~ :z: - City Manager's Signature Assistant to City Manager ~ Information Technology Services Department Name City Attorney! Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC J}roclamation Whereas, The City of Boynton Beach is extending and expanding invitations to schools and the general public to increase the understanding of Geographic Information Systems Technology; and i Whereas, National Geographic Awareness Week is November 17 - 2 L 2008: and Whereas, the first GIS day was in November 1999 and was created to promote Geographic Information Systems technology towards educating schools, the general public, and organizations in order to showcase the importance of the technology: and Whereas, Geographic Information Systems technology is utilized to resolve Issues in Government, Education and Science, Environmental Management and National Resources: and Whereas, National Geographical Information System (GIS) Day is November 19. 2008: and Whereas, the City of Boynton Beach is committed to this year's GIS theme "Discovering the World through GIS" In order to showcase GIS applications to Schools, Organizations, and the General Public. NOW THEREFORE, L Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim November 19,2008, as: .t!ational ~eo{Jrapbi( lIn(ormation ~p5tem5 flBap IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach. Florida, to be affixed at Boynton Beach. Florida. this 1 gild day of November, 2008. ----~~_._-- Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) 1 11 II v. ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 11/18/08 Last Name First 1st Choice 2nd Choice 3rd Choice Name Dwork Jonathan Planninq & Dev. Bd. Caudell Scott Police Officers' Retirement Trust Fund Grace Joyce Arts Commission Norfus Victor Planninq & Dev Bd. Timm H. Warren Planning & Dev Bd. S:\CC\WP\BOARDS\APPMENTS\Board Year 2008\Applicants Eligible for Appointment 1118 08.doc VI.-CONSENT AGENDA ITEM B.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20,2008 (Noon) o September 16, 2008 September 2, 2008 (Noon) [gI November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gI Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: A motion to approve a five (5) year lease of a BizHub PROC 6500 ENTRY COLOR AND B/W Digital high production Printer/Copier/Scanner for the Utility Customer Relations Division to print the water bills utilizing the existing Master Agreement with Konica Minolta Business Systems for a total expenditure over (5) years is: $ 211,036.80. EXPLANATION: The lease on the existing Xerox model 92C Highlight Color Printer ends November 2008. The Utilities Customer Relations Division researched and received proposals from Konica Minolta, Xerox and Rico Business Machines on comparable replacement machines. The State of Texas contract was reviewed for comparison as well although it was higher than the Municipal Agreement proposed by Konica Minolta Business Systems (see attached proposals) cost comparison of Texas contract versus Konica Minolta Business System attached. The Customer Relations division is considering a five (5) year lease of Konica Minolta's BizHub PRO C6500 Color printer/Copier/Scanner. The total cost for the five (5) year lease for the BizHub Pro C6500 printer would be $211,036.80 that includes supplies, equipment, maintenance and service, delivery, training and installation. Our ITS department has worked with Konica Minolta to confirm that this machine will be compatible to our AS400 system. PROGRAM IMP ACT: The purpose of the purchase of the BizHub PROC 650 Gis to process water bills in a more efficient expeditious manner. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Tony Penn - Customer Service Manager Barb Conboy - Utilities Administrative Manager File CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: Account Description Account Number Amount Equipment Rental/Lease 401-2825-536-44-30 $42,207.36 (balance ofFY 08/(9) The remaining balance of $168,829.44 will be allocated between FY 2009-2014. Current lease wi th Xe rox $ 6,084.21 Proposed lease from Xerox $5,817.27/mo Konica Minolta proposed lease $4,220.73 ALTERNATIVES: To select one of the other vendor's printers or not proceed with a new lease agreement and continue with the existing equipment. The Utility Customer Service Division can renew the lease with Xerox at a hig~:.r cost and less efficient piece of equipment with more breakdowns and experience down time. I . j, ~-' I ) , .\,. ~'\ /' ' -' .1 / .' ' :-, ! < . ! , - " , !\J1- ~-'" \I \. Y.' '--- *Lvli . ,'''f~~ ", ,Department Head's Signature Cityd21anager's SIgnature Assistant to City Ma ager ~ C~>t.~~~~ ... S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC C: Tony Penn - Customer Service Manager Barb Conboy - Utilities Administrative ManagerFile , , \ I 1 RESOLUTION NO. R08- 2 3 I I 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING THE 6 PROPER CITY OFFICIALS TO EXECUTE A FIVE (5) 7 YEAR LEASE AGREEMENT WITH KONICA MINOL T A 8 BUSINESS SOLUTIONS U.S.A., INC. FOR THE LEASE OF 9 A BIZHUB PROC 6500 HIGH PRODUCTION COPIER FOR 10 THE UTILITY CUSTOMER RELATIONS DIVISION FOR 11 A TOTAL EXPENDITURE OVER FIVE (5) YEARS OF 12 $211,036.80; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, staff has recommended that the City Commission approve a five (5) year 16 Lease Agreement with Konica Minolta Business Solutions U.S.A., Inc., for the leasing of a 17 BizHub PROC 6500 Entry Color and B/W Digital high production printer/copier/scanner for 18 he Utility Customer Relations Division to print the water bills utilizing the existing Master 19 greement for a total expenditure over five (5) years of$211,036.80. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 eing true and correct and are hereby made a specific part of this Resolution upon adoption 24 25 Section 2. The City Commission of the City of Boynton Beach, Florida, at the 26 ecommendation of staff, hereby authorizes and directs the proper City Officials to execute the 27 lve (5) year Lease Agreement with Konica Minolta Business Solutions U.S.A., Inc., for the 28 easing of a BizHub PROC 6500 Entry Color and B/W Digital high production 29 rinter/copier/scanner for the Utility Customer Relations Division to print the water bills utilizing 30 he existing Master Agreement for a total expenditure over five (5) years of$211 ,036.80, a copy :\CA\RESO\Agreements\Konica Minolta Copier Lease for water bills.doc 1 of said Lease Agreement is attached hereto as Exhibit ",\" 2 Section 3. This Resolution shall become effective immediately upon passage 3 PASSED AND ADOPTED this _ day of November, 2008. 4 5 6 CITY OF BOYNTON BEACH. FLORIDA 7 8 ----- ~---~-- 9 Mayor Jerry Taylor 10 11 -_.__._-_.__._--~--- .. -_.- --.---.-- 12 Vice Mayor -- Jose Rodriguez 13 14 f --_.__._--~~ -~ ~-,_.--~-' _._--~ ~-- 15 I Commissioner -- Ronald Weiland ! 16 17 i. -~ 18 i. Commissioner- Woodrow L. Hay 19 I 20 I I 21 I Commissioner - Marlene Ross I 22 I jA TTEST: 23 i 24 \ 25 ii I 26 tnet M. Prainito, CMC 27 i ity Clerk 28 29 I 30 rCorporate Seal) 31 i i t I , ! :\CA\RESO\Agreemenls\Konica Minolla Copier Lease for water biJls,doc MEMORANDUM CUSTOMER RELATIONS DIVISION c~ fJ' .;'" ~i ~l ~ [\$ TO: Carol Doppler Purchasing Agent neT ? ~ 2008 FROM: Anthony M. Penn ,0 tll? ~ _, L.._ Customer Service Manager DATE: October 21, 2008 SUBJECT: Utility Bill Printer The lease on the existing Xerox 92C Highlight Color Printer ends November 2008. The Utilities Customer Relations Division have researched and received proposals from Konica Minolta, Xerox and Rico on comparable replacement machines. The State of Texas contract was reviewed for comparison as well although it was higher than the Municipal Agreement proposed by Konica Minolta Business Systems (see attached proposals) cost comparison of Texas contract versus Konica Minolta Business System attached. We are considering a 5 year lease of Konica Minolta's BizHub PRO C6500 Color digital Printer. The total cost for the 5 year lease for the BizHub Pro C6500 printer would be $253,753.80 that includes supplies, equipment, maintenance and service, delivery, training and installation. We are recommending using the Konica Minolta Master Agreement for leasing this equipment. The City of Boynton Beach and Konica Minolta's ITS departments have worked together and confirmed that the BizHub Pro C6500 can print our utility bills. I am asking for your review and recommendation to move forward with the lease. Funds are allocated in the FY 2008/2009 budget as follows: Account Description Account Number Amount Equipment Rental/Lease 401-2825-536-44-30 $42,207.36 (balance of FY 08/09) The remaining balance of $168,829.44 will be allocated between FY 2009-2014. Our alternatives would be to select one of the other vendor's printers or not proceed with a new lease agreement and continue with the existing equipment and incur costly maintenance and repair cost associated with the old Xerox 92C Highlight Color printer. Please let me know of your concerns regarding this request. Thank you for your usual support. Attachments Copy: Kofi Boateng Peter Mazzella Barb Conboy Agnes Wilson Files ~ . I<ONICA MINOLTA I -"--."' .,---_..~ A Proposal For I I City of {]3oynton {]3eac/i .~ 'Vtifities /Customer Service ~ Presented to: I 9v1r. ;Intliony Penn Prepared by Robert Nicotra Robert Solomon National & Government Sales Production Print Specialist Office : 561-237-4510 Office : 561-237-4596 Fax : 561-237-4585 Fax . 561-237-4585 I rnicotra@kmbs.konicaminolta.us solomonr@kmbs.konicaminolta.us I I I ! ~ I<ONICA MINOLTA BizHub PROC6500 Entry COLOR & BIW High Production Printer/Copier/Scanner with internal IC-408 Fiery Print Controller ~ e1i~rjnttowln. y Shown with Full Configuration (Top) and as needed by Utilities Dept. (Line Art Image -Bottom). See specs for complete details. ~ ;~~ I<ONICA MINOlTA .---.---.---.---.-.---..-----: BizHub PRO C6500 Color Digital Printer/Copier/Scanner Con figu ra ti 0 n: . High Speed CO OR Prints at 65 pages per minute . Monthly Duty Cycle of 300,000 copies . 100 Sheet Reversing Document Feeder . Unlimited Automatic Duplexing . 3 Universal Paper Drawers (500 sheets each, Ltr-Legal-ll x 17-12x 18) . 2 Paper Tray Units (3,000 Sheets each, , Ltr-Legal-llxI7-12xI8) . 50-Sheet Multi-Position Stapler/Finisher . C6500 Power Filter D524ZNT . 1GB Copier Memory plus 512MB Memory Upgrade for IC-408 . Spectrophotometer v 2.0 . 4x40GB Hard Disk Drives (Individual Color Processing) . Embedded Fiery Image Controller (IC-408) (Internal Fiery - Postscript & peL Drivers -2.8GHz Intel Processor, 1GB Memory Total, 80GB HDD) Service Plan & Network Connections (billed separately): . 80,000 Color Cooies x Mo. (Overages billed @ $.036 per 8.5 x 11) . All B/W Copies billed @ $.01 per 8.5 x II copy . Includes all Service, Parts, and Supplies (Color & B/W Toners. Developer, Staples) . Delivery, Installation and Unlimited Training . Free Loaner & Machine Replacement Warranty Lease and Purchase Options for KMBS Govmt. Program* - PE # 1011077: 60 Month Lease = '). 669.5 i Monthly Service Charge...................= S 2.S47.;- (80K Color Copies per Month) Purchase Option....................... .....= 51 32. t RfUHI * Municipal Lease Master Agreement already in place. Requires signed Schedule Attachment and P.o.. --' ~ Major Account Master Municipal Schedule v- .. -- b76833 ~ MASTER AGREEMENT NO. I<ONICA MINOlTA ACCOUNT NO. A Program of efT QUANTITY EQUIPMENT DESCRIPTION MODEL NO. SERIAL NO. ---- 1 Bizhub C6500 Copier/Printer System C6500 -..-- - -.....-- - _...... --.---...-- ----.-.-.....-....- EQUIPMENT LOCATION, IF OTHER THAN BILLING ADDRESS OF USER City of Boynton Beach Utilities Dept. . 100 East Boynton Beach Blvct. Boynton Beach, FL. 33435 _. -....-. Initial term of Agreement: 60 Advance Payment $ 0 . Months Monthly Payment $ 669.51 * *PIlf6 AtJlllleallle Tall BY SIGNING THIS SCHEDULE. EACH AND AU.. OF THE TERMS. CONDITIONS AND PROVISIONS OF THE AGREEMENT REFERENCED ABOVE ARE INCORPORATED IN' AND MADE A PART OF THIS SCHEDULE AS THOUGH SET FORTH HEREIN IN FULL. THIS SCHEDULE CONSTITUTES A SEPARATE LEASE AGREEMENT. THIS SCHEDULE IS NOT CANCELABLE. CllY OF BOYNTON BEACH FULL LEGAL NAME OF USER 100 EAST BOYNTON BEACH BLVD. iii'iIiNc; ADDRESS ACCEPTED BY: BOYNTON BEACH Fl 33435 CITY STATE ZIP CIT TECHNOLOGY FINANCING SERVICES, INC.,OVVNER One DeerwoDd. 10201 Centurion Pkwy #1 DO PHONE NO. ( 561 ) 742-6310 DATE Jacksonville. FL 32256 BY X BY: -- ------- ._-",-- AUTHORIZED SIGNER nTlE PRINT NAME ilTlE DATE FORM NO M-2'l1 REV 03108 CIT -"',-_."- -...-------'-,----.....-.. . Koniea Minolta Business Solutions U.S.A., Inc. Date: 10-23-08 --"._"~".,,"--- Branch COlX: 834 Silles Rep No: 834905 --,-,. -_. ! I<ONICAMINOLTA ; C PC Maintenance Contract i ISoIeI To: (11198' name) Ship To: Name: City of Boynton Beach . Utilities Acct. No. ~ Name. Same Acct No.. I I Address Line 1 100 East!)ovnlon Beach Blvd. Address Line 1 Attn: Anlllony Penn ..-......---. ~----f Address Line 2.. Address Line 2: ~!!!!!.~lIIirJS.. De~rtmenl .,.-..,.--- - .-,..----.-- Street Address: Street Address. .----i C!ty. Boynton Beach Slate: FL Ziu: 33435 Crly Stale: Zip< I I Tax Exemption o No o Yes (Cortificale re","re<l) Tax Exemption Number 85-8012621544C-O i PO RequIred o NO o Yes (Copy required) PO Number PO Expiration Date i Payment Terms: o No Crecfrt Card Type: 0 AMEX CredIt Card o Yes OM<: o VISA Credit Card Number Expiration Date: Name on Credit Card I Standard CPC Maintenance Plan Cost Per Copy o With Supplies o WIthout Supplies - Purchased SepoClllEly Effective Date' Billing for CPC contract: 0McnthIy OQuarlerly o Annually Contract Term (Months): 012 CJ 24 036 048 8w Overages billed: o MonlhIy o Quart2Jly o Mnually 11x17 counts, 01 02 Product Covered Under Contract Item Model Deac. Serial Number T Shut Meier R""d Monlhl Mln Volume CPC Mw1th Bz.h~b Cb5co c . -80-000 1 BNV o S 0.0100 $ 2 C BNV 3 C --- BNV 4 C BNV 5 C --~------ _.~ ._.__._.._.~-----._-- BfN 6 C BfiN .-- Customu's signlllltre JJe/ow tU:knOtflledga receipt IIf11l COII""t to KMBS MrlinleJflllf" Tmns "nil CDftdltJDfJS "ScI<< Name: KMBS Rc Pleas. plint ~ Signature 0... ide: KMBS Teclutical Manager o MalnllenanCe Only ~lllI1edbyKMas Malrtenance BIlled by Lease Co. PE# Agreement # Promotion # Prioe Plan # Subfleet # - --- -~---~ one -- , hone Originating i Order Taking i .....,....-- I 'Servicing -.-..--..- -.--------j Contrnc( processed: o Wi1dsor, ct. o 8ran<:h (Branch Name) APPROVED & ACCEPTED AT KMBS BY: DATE j ....,..---~ 1000_08()4()6_ C . IlASTEltAGIIIIMBIT . I I KONICA MINOLTA BUSlNI!SS sownONS U.s.A., INC. KONICA MINOLTA A Pmgfllffl of aT n.fln IIlIIIn lilt.. you ........1IIl.. _and _1II111e ~ is THIS AGREEMENT MAYBE USED AS A MASTER IImIIlIIIa lIlII.....lD.. JlRlpIr. ... MlIIIllIIlIIIlIc .......1IIicIl... AGREEMENT BETWEEN YOU AND US, AND SHAlL GOVERN ANY ~_..nat"""."""'lDlIIIInIIh""flI. IIIIIL.... SCHEDULESPURCHASE ORDERS OR OTHER INSTRUMENTS .-=~~RIIlI: 1ll......llOfunds..~or , .. .........11I., IIaI ..... far ... JIIIIIIlIIIlI dullIIdIr IIIe rSCHEDULES") NOW OR HEREAFTER SIGNED BY YOU AND US ScMlIlII(IO you .. ......... ..., 11I11I_ _ -.I .. lIIIlPbIIIa WHICHREFER TO THIS AGREEMENT. EACH SCHEDULE ISHALL BE ScMdIII(t)....tIImJInIIe.... ....,11...... pIIIad far ......Ipf/II........ ALL OF THE REPRESENt ONS .. .... ... pIIIIIIr ar ..... III JlIlIIII .., IdnII .. fir .... SUBJECT TO ATI ,COVENANTS, .....farllllllcla....._~ V....IIIIl1l11n..~ltlll. TERMS AND CONDITIONS OF THIS AGREEMENT. TO THE EXTENT In llIIIIpIIIIlaa...... 1.11I'*,-" Mr' - ...... .. ~ yau OF ANY CONFLICT BETWEEN THE REPRESENTATIONS, ... (I) IIIl yau". CIIICIII1II ,....1IIIfIar.. ....., 8I:IIIti(I) COVENANTS, TERMS AND CONOmONS OF THIS AGREEMENT :-.:::-....:::=:-=====~ AND SCHEDUlE, THIS AGREEMENT SHALL GOVERN. .. E:/MIaBIt ...11I............. ar.. _ ~ IIICII pIIIlld; -.I 4I)1IIIl,... nat_....................................,.. , lIRMSAND CONDITIONS ..... __plllDd.........lIr. ......., III.. ~ II InIIIII IIIJ ; TheWllldlYOUIllll YOlR_"UllrIll"~ 1beWlll'CllWE, US,IIIdOUR'*1II ...........,......... \JpIn1llCb 1IlIIHIPP"'.~Wl.,III...... JlIU" CIT Ted1nllIllgy Alnln; .....Inc., .. ow..r Ill.. Equ;mR pnIIlIdI, ... ... ...... JllUf lllllIlI6 IIgII .. Clll8nfIII III IIllII- ~""" IIId JIIlllo1lInIIlIIIIiIIt pI'lIIi .... TNlIICIIan .... linin Ihe 1. LEASE .&QFp{INT r~: Wll....III...lIIyaullldyou....lII...tam ......fllIlI&.....lIIlI/Dr..tIIl:IIId ~). . IIIe E!qlApnlft IIIId IlII .. IlIIdIed 8chIduII(I) ("!qlIpmR"). Yell ..... III .., .. III .. Dl.1lEIIIIP, IIEDIUII!RV AND I8IllIIIAL: WI... _fl.. ElPInat IllllIIlhIy ......... ~ 1II..1111a111d 8cIIIdIIII(I). TIlI.....IIIlIIlII..,.....ID \Ie I -.I"'''ID'' ~ To pnIIIat-lfJIIIIlII.. ---. il...... linlIIIllI....lIlIIIr... Z\ 1II..1M1faan CclrII-* CadI. .... --- .. .. lIlIIcIIId ScIIIdaII(I) .. dIInlInId III lie . ..., 2. TERtI All) PAYIEIII': l1Ie lIIIII....... ~ CIIIIhe dlrlllllllf/ Ill.. EqlIpmInt ~ JlIU .. _ III .. I ...., __In .. ~ IlId II II dlIIIlInd III JlIU ("TIIlI ClIIIIMaI.. IJIIa'? TIll ..... ..... .... lie pIfIIIIIln plIIIClIIlIa, ,............... · ......... Ill................. yau ......lIt......1IId III ..1lIICllIIII1lRMdId an"lIlIaIIId lIIlhIdlfI(I). ~, IlII tbe ..........11I _.......or., lIIIIInIaar .........11I Pamn...1CMIIIIt _ Illd ......... ,.,.. .... lie _ . III .. .. dill III .. !IIpICt 1D .. ...... ...... CIlI' ........ ~ IncIIIlIv Mann IlIClllIIIIve pIIIDd........... II ...._., adlIIIlIIIIIlIIllIlIIII ar..... ...... ean..III CodeFrn.cq ......1D1ll1IId.1IClItlIlIII........1lllI IIldlr .. ..... _ .. IIIII:hed 8dIIdIM(a) .... 11M IllIIn IIIld m III USER'B IHICIII1IId IIlII .. .. .. .. " _ ,. ....... V..... lD OSLIGATIOH TO PAY THE PAYUENTS AND OTtER OBLIGATIONS tlERSlhIIB\ 8tWl. BE __.-1... __.... ar............Ilr.. far 1lICb....... ABSOLU1E AND I.INCCNDJTIOIML AWJ ARE NOT stIIJECTTO MY ABATBENT. SET-oFF, 1lId....1I,., or ~ III for.,...... -. __........ ar IEFENSE OR cotJNTER.a.AIM FOUNY R&A8OM~T8OEVER.I~.......... ... ....... ID .. .... III ........ Ill.., _ .... ar lIIIIlIInn. On ar @-"",,,,"(lII)...d_=_ bIIIn... (11$ _1II.......fI...1lilll1Inn fie. .......lIl:hIdWII(I). JllU .... .. .. ..... IIlllIce III ,.. InIIIllIan III .... .. ~ III .. .. =&::==c:c"~'ic~':i~i~~. PllIllidId JllU .. gIM IIIdI ...., .... JIll.... ... .. ___ hWIl aIIlnIIIUjd.ID'iiiiii.__.~1D=:""''''''''''''__ 1IlII__ JIIIlIIId.ID ....lIlICIlI.....~ IIId __ .... CIIlIwy_ __........In . __III ...........,... IJIlIIIIIID 10 ...... ...<< ID lIecanIe ....1Ildlr IIle appIcIbIa SdIIlkIII. 1* Ag....and ..1IIIIICfIed naIrr.. ar.... ..... you rallD... ..___. pnMdad___1Ie SchIdIIIa(I).. NOft..<WICEI.AI ...... ~.... .................. GI,- (IIlIJ .. _lit I a. USE AND 1MIf1I!fMNCE:'" WARIWI1'EI: We .. NIIIng .. ~ID,. "ASIS". ........ tD 1_dlalllllllllyplJlllllltpnllldad..... WE t.W<E NO WARRAN1IE8. ElAlES8El) OR IMPlED, INCLIJDING WITHOUT UMlTATION -----l'MIIIIIlIIIw.,...__AMIlt,.... TIE CONDl11DN. MElUWffAIIIJTY, OR FITtEBS FOR " PARIIC\lAR P\RI08E If CONNECTION WITH TflSAGREBIENT AND THE AlTAatED SQEJl.I.E(8). W.....III USER (CUSTOMER) yau far.. .. fI..1IIIchId ~ IIf/ ........ ....Ilr ....... III IUIlPIIr III IlL HEI1'ft:R IUPLER NOR NIt AGBfT OF SUPPlER IS AN AGENT OF CMNa\ OR 18 City of Bovnton Beach/Library AUTHORIZED TO WM'E OR MDDFY NlY TERM OR COIOTION OF THIS AGREEMENT All) T1EATTACHD 8CHEDlLE'(S). FW. L8W.IIAMIOF USIIl 4. ADDITIlJNAL COVErWmI AND REPRE8ENTATION8: YIlI ~ -.t__ 208 S. Seacrest Blvd. IhIl (I))1lllI .. . ... ar Uy ClIlIiIIIId plIIIIcaIllIbcIIllIiIII III fGIIlCr ..... (It .. tIIIllUIIlln. dtIttIIly, and ........0 Ilr yau III .. ~ IIId .. lllIII:llId 8dIIduII(s) .. ... 1IILI.MiADDl1E55 dlcldzllllIr II .-y .. an _ JIIIt (I) .. .....1lId ...... ~ Boynton Beach FL 33425-0 10 ClllIlIftiIII .... wid IIld 1*lllIag oIllIgIb III )1lllI"h ~II m 1CICllIIIInce.. II ,,1lId - daII IIllI vIllIIII ., ...... cIIldc:t. COIIIIy or ..... .... IUIt. ........ . ... CIIY STAT! lIP gcMlIII....... pIDlIIIIan; (Iw) )1lllI .. do ar CIIIIIID III danllllIIInII.-r ID ......1IlII =~ 561-742-6382 ................1IIIIIl:had ~ III ill "'-1IIlll; M JllU'" ~ .. II IIIddIng. hmIg IIId aa. ......... UIIdIr II ....... -. __ ....... CONrACrPHOllE wbn ~ IIId '" duI.......)IIIIIIIId IhII ~1IlII"1lIachId ~ b' IIppRlIIIIIIId adapb . . wid abIgIIan IlII ,... JIIIt (\II) p.... dIl:IR _.WIdlo or aI1Ir .........11I JlllllII....... u ....... far.. GIIIIllt.... pedad; (Ill) J\ll/ .. AII1HlImI!D_ be .. .-. Ill.... u._....... ElPPaWtt dlIIng .. _1II..1IIr:IlId 8cIIIduIa KURT BRESSNER (I); IIld (\II) III ,.. /nIIIIt 1D ,... II JIIIfIIIIlIlS pnIVIdIld b' ..... far.. U Sc:IlIMIIIIlII.If CITy MANAt.F"R fundi....., lMIIIIIlIe. l'MCI'SIlHII'S Muni Major Account Master Agreement CiT FORM M8-109...., Hili aT TliIIMSAIID CDf<<II1'lONS 7 IIAINTENANCE, HlBK OF LOIS, AND INSURANCE: You are responsIIlIe for (y) lIlellllc:i(lllld Y8Iue 0I1hIl EqIIpnllII\t, . dIIlImlinecI by IlS, Illlle end cf the _lIllIllIIpiW lie EqWpninbl QOCld worlIiIg anIIIr. EllllIpt b' cnIIIwy.... and inllllIInlI ar IpJIIIl:IbIe IIIIIlIIlIIIIInlI III........ *"" 8ahedIde(1) (but in .. yau.. JIIflDIlIIIIIIDr~ lie Equlpnwttanl.. 1IId!Gss IIII11f kind. lID MlIl'-1IIIl1&1II1le UWnII CllIt III" EqIIpmeaI) dIcalnId . llenlle fill EqUpnnt II cIIlnIged or. you ...10 canIIue ID JllYbllllllldl due IIId ID 01 . 1* IIRI1II11d ... IICIMly 01 b ... In fill, Ibe ~ IIlII bIclllIII due bRUnd8r IIIIlaut IIIlIIlf or deIenII. DlIinO Ihe IIInlI 1II11l11..... you becomI1OlI' JIfqIIlty. (I) ID IInlIlIIy 1GCIIIl'lIl8......... dullIIdIr ., oller ....lIlItyau .. (1) Ir.ure b ......-.aI_ or...... ..... . . lass ~ lIIdIlIr"" 8d1Mk111(a) '-- .-; (III) tD lib immIdIIIII paIIIIIlIIal1 pIl)'I8; (2) abIIln IIeb8r IIId * pq pRlIledy cIImIge imlIIInce 1IIIIQ 11II11 an 0111I ~ l'I)"you Illllllum II EqIIpnBItatyour apIlISIlD. pia adcIiGnIIlnu1Id; lIId (3) detowy IIIIIIfIa:IDly evIdeaae 0I1l1Ch ClMlI'lIGI- GIIIIIenI. RlIIllIIbIy deIiglIIIIllIlIy UIj 00 10 ... you .., lIII llllIIII1IIIlnIIIlId In polIl:f forms IIlII ..... IIllllIpIIIIIe ID us. AD puIdIII_ JIIWIde 1Iat.. be given CllIlIlICllIan IlIIIl b .lfanlelIa 0I111f lilliii' ...... R:IIIdIng II COllI 01 Ihit)o (30) .. 1dIn aob rllIIf IlIIII8IlII cIlInge or ~ . you do IlOl coIecIan, .......1IIIDInIt'I1'III. lid ClIIIIt llllIIs. you..... be.... for pnMde MIInaI IIIIClll1pl1b1l1...... WI 11M .. -. IIut no abIIpIIan. ID obIIin .. 1ft -' ~ lIlIIIllIIP ... ... ClIIIs incIINd bJ . Ilk a Inu1IIC8 GlIIIdllI 011' __ (Illd anty 11II' k*nII) In .. EqIipmenl for .. IIae J...... '- IIIen ..... .... you Ilr IIIf IIIlII. AD 11II' IIIIlIlIea 118 lIrm. IIId IIIIIIIIIs. "'" ~ III aI*iI.1IlIt InuI you ... * pIIIy or CIIIIIIItIe, aln .....10 Illy .. ....... JIIl*1ded lor by ... IIId ...,. ID IiIIIlIy cIIIms __ be CIIlC8IIed by III at ""..... In IIIIt MIlt you VIII be NQUted ..... peIdId bJ .. be ....-I .... ClIIIClIIIIlIIr or ..... to JlIY us 1ft lIlIdIiDnII ...n uch manIh far lIle iIIIUIInc:e pIIllUn IIId an Exen:IlI8 rI Illy -1IlIIIdr.... nat be dllemId .. IIIcIan 01 ub ...... II' to lIIImInIsnDIe r.. TIll COIl mey lie mrn I1an .. cast rI abIIIIlIng )IlIIII' .. iMUnIIcI. prIllIudI .. ..... or q llIW 1IIlIdy. No ..... an 11II' pm ID IIJII'dIa rIf/ You IIlIIIII1Il WI, or ClIII 01 0IIl' ..... _ .. . _In CllllIIIlllIah . lIIe dQIt or ..,_ no delIylD ..aqlllf dQIt or IIIlIIdy 1IlII__ . a inulIICe .. abIIIn. You 11IIII III CIlCIIIIrIdI willi U8, lllI' ....1Ild llII' _In lIIe ..... rI.., "'" .. IIIIIIlIY ar ID IlIlIlIIy III ... rllIls .......... IIld IIIe flIaaIII*t III -. IIlII . cIIImI. I you IIIIr pnMde MllnclIIIt you hlWll ...... 8adIIlI(Il. A .... rI dlIIauI.... nat be CIlIlAuId .. ... oillit' ob&aInId IC:CIIIIIII*.....,.. ClIIlClIIIII __WI aIlIlIInId. llIWar.............. I. ~1llI1JO'~,.~,...llIlm.tnllll. .. __ Inn. III It' ;1.W'!;ll!lf lit 12oM.II......: YOU HAVENORlGHTTO 8BL.lRAN8FER.A88IGNTKIS AGREaENT ND'OR THEATTACHED 8CtBJtlE(8) ORSUBI.EA8E 11iE 0?~~~:l.. EQU\Pt8T. _......1IlIIgn or......lIIII,.......1IIIIdlId Schlilllll(l) YCIU", ......... ...... .........~IIIdtGr... aIIIChlId 8clIlItiI(e). "__wi"''' __llIlIllIIIIIIIlhatwe ~;"'Jiii4'~'" .....lIIIlIIIIP'......lIIIIIiI"iIiiIIf um' ., 1- . 11M IIlIW Ind ..1IlIt.... iii IIIlfona II/IJ rI_tIIIIgIIIaM. YClll...Illlt1he I. TAlCES AND FEES: Yau .... \0 pay when due ar I1111nb1n1II8 far II .... fils. rWltcl.. __.. natbe IllIIject iii.. cIeImI. ....... or....1IIIi you............. hs and pIlIIIlIII """'" 1eI_ or..... llllhe ~ III iii AIIRIIMt or 1a.~LAW:TOTHEexrENT PERMlTlED BY LAW. YOU WAIVE 8I'fY ScIIIlWI(I) IIlIW or ........... 1IvIId. or ~ br lIllt' ..... federal or TRIAL BY JURY' INNrf ACTION HEAEINlER. Yau aglIIlIIIt"'*' rtpnlCllS loc8I QOVIIl1lI*lI or 19IIlC)'. by cdIId ....IIUD~...... ....bldIIIIIlI......or IQUIPMENT LOCATED IN CERTAIIIIrATElIa IUIljIclIll ... .... piIIClIllII....In__dan. 1lI8NR!EIEIIT8HAI.L BE GO\IERNED fi. 6(1. i l/r whIc:Illlql.ft IIIIlbllllC III pIId up tont. If you c\ICIClII III part" .. up _ JOII may BY ANDCCII8IRIEDACCORDING 10 'DElAW8 OF 'DE irATE OF NIW ~ lnlotudIl c:hIGIC far III curant peIllR or IIIlC IIpIlIed IIlllllllllSl or.. ~ onlhe -II!!ilIJIJl~ STATELAWISNOTPREEMPTEDBYFEDERALLAWOR (6 lIIIIICIIId ScIIIcIllIe(a). If yau do nat IncIudI k up tad. .... you hIratlr ~ III to RYOCAlION. advanCe 11I"_ klnae)llllll' ~ IlIf1NllIIy IIII111l1111lt _ ID III CUllIl1t 14. CUITDIER P.o.: you.... tbltany PIal:IIea 0nIer 1IIllId III III ~ ... tax peR:IIIIIge appIed III IlII1lll111Ny "'*' slllMn onlhe IIIIdIlId Sched1iI(a). 181IIII 0111I El\lIIIIMlI.II iIMd far \lIIJIUIII llll111lodr111o..IIId,........... 10. LOCATION OF EQUFIII!NT: You Will kllP and WI .. flIlIpr'*lt onIr at your ., _ ... or.. tIlIIlI_ ClIlIlIIalla"1IlIldfy lhelenns and concIIIDns II _Al__lIllIllIlIIlIdlId ~. addrwI ... on .. IIIlIbId sntiI(I). YlIU ...1IIIl. .. EquIpmelt ... lie tl.1!IfI'III! lIP MfIII': You "'1IIl.""".. or ClllIIICtmlalng rBIIllIU8ll flam IIIlIl adcna lIII8IS you get aurWlllllln pIIIIlIIIIDn In lIdVance III lIIllW It. IllblIIIIIaR llII......lrt DlIUdfag ,........_.. \III ~ 11. DEFAULT AND ~..~,. If (I) you Will pay IIIIllCl11111y p",,** or lIlY olhIr ......... 8lll1UIIbIr...1DaIIDn. aIInIIe, tiaAlNemft and.. aIIad1ed SIlhIIMI(I) 0lIIIIIIft....... ....,_~ you_ .11III110 JlIIYIIIft\1lllLlldlr1llllln due; or (II))'\llI WID pIlfann fIft rllhe aIIlIr.... ~ IIlDlIIaIIIDlllrt..Ag..........1lIIal:hM llaheduII(a).... be..... <<CIlIIlIIanI d.. ......... lIlY 8llIlIcIuII(""'" tan (10) .. _lIlIIIa8; IIlIIIlIIn",and lllgnId "'........ IX (e) )'lIU or ....... bIaamt IIlIllIvIaI or ... an IIIignnIant far ... benIIl or 11.1!QW11BfT IDIN1'IPIaA1'IO Youlllrlby IUIIllliI8I111I1l n.t In any CI'8lI\In; .. (d) I....., ..... CllllIeIVID', or I\qliIIIar 1I11lll1l*l11d" or l1IIIIaul Sc:bedaIIIlI.... ......lIllI CIIIlIr Idt.......... dEqulpll8lltwhan 1ClUT COIlIIIll. )'\llI.... be III cWIuIt IIIdIr tIlIlI ~ and lhellllallld ScIIIlIuII(s) dIIntlId 1Iy.. and, .. mar, III lie eIInt)llnllllld IIy appIaaIIII. -- .. - ar IlllII8 of IhI ID8lMIng /lIIIlIllIII: lI) __ _and lIOlIMI tam YlIU lie 111II or II ... JIIYIIlIIIlI and alhernlUlllIU and _lIIdIr"~ar.. 8chIdlR I1nID pIua lie SlII'Illlf (1) II '- pI'tIIIllIlII for IhIl1l1lqll11d Illnn III" AgrIIIIleI\t or IIr/ lCIlIdIde hIII8to discounlld at" _llf 8% 1* IIlIlUIll, 811II ACCEPIB) IV; C1TTiCIfNOLOOY FINANCING 8ERVICES, INC.. OWNER ONE DEERWOOD. 1020f CeriUItan PIrIlway N. 1100,.Jac:kIolWiII. Fl32256 I I BY: TITLE IMre I I FOIW MB-f09 Rev 1~ ClT ~ ~ I<ONICA MINOLTA ~ Lifetime Warranty Protection against Electrical Surges ESP E.xtended Protection Guarantee '?ae~ I!f your ESP p.ow... At..... faRs. oneil ,alii U) Plote-et Y6Uf prop.etly eonl'leCted equipment due to abnonnal electrical condltions. ESP's Extended Protection GvarCll11ee COyers repain. up to the ful: replac:e-rnenf yalue 01 fhe machine.. ler lite. _~Lc=~ ESPCII -- - ;...--'1" .,~-' '';' ~. ~r I<ONICA MINOLlA __._________..___.___._...____"__.._..__..~_____._.___.,.__.._.,.__.___.._.._~_____.___.______.__,.__._._._.__._o'__._.__.u',,, Thank You! I I I I \ I I I I . ._-~-, . I<ONIC^ MINOLTA A Proposal For City of (]3oynton (]3eac/i ,.., VtiEities / Customer Service ,.., Presented to: :Atr. .Jlntliony (Penn Prepared by Robert Nicotra Robert Solomon National & Government Sales Production Print Specialist Office : 561-237-4510 Office : 561-237-4596 Fax : 561-237-4585 Fax : 561-237-4585 micotra@kmbs.konicaminolta.us solomonr@kmbs.konicaminolta.us . I<ONICA MINOtTA Side-by-Side Cost Comparison ( Texas DIR - KMBS) blzhub PRO C8&OO Pri~Copler1Scanner I $ 20,244.00 ! $ 435.25 I $ 20,244.00 $ 421.08 !?~~ _~~~El~nil p.~~~ !>oculll.e"!t Feeder $ 807.00' $ 17.35 $ 807.00 $ 16.79 - ... . .- - ~~~Q1 ~~~r F~~ ynit $ 2,995.00 $ 64.39 $ 2,995.00 $ 62.30 . - . -. - - - . - FS-520 5D-Sheet Stapling Finisher $ 1,464.00 $ 31.48 $ 1,464.00 $ 30.45 HD-506 4 X 40GB Hard Drives $ 1,012.00 $ 21.76 $ 1,012.00 $ 21.05 --- .. IC-408 - Embedded EFI Print Controller $ 4,291.00 $ 92.26 $ 4,291.00 $ 89.25 ~S-1OO0_ S~ctrop~otometer V 2.0 $ 1,918.00 $ 41.24 $ 867.00 $ 18.03 - 51?MB Memory Upgrade $ 260.00 $ 5.59 $ 260.00 $ 5.41 Power Filter (D524ZNT) $ 175.00 $ 3.85 $ 248.00 $ 5.16 Equipment Only $ 33,166.00 $ 71317 $ 32, 1 eBy~ $ 669.51 Monthly Service Charge \ (100,000 Color Copies per Month) ~ 3,617 50 $ 3 617 50 5> 3,~~~?-2J $ 3.559.72 TOTALS $ 4,330.67 $ 4,229.2:' _'c. Lo. - ~ =.=-~~ xerox ~, .~ Prepared for the City of Boy ton Beach Xerox 700 Digital Color Press Presented on September 12, 2008 Current Configuration . Xerox DP92C . System Controller Base Lease: $ 5,684.21 Color Toner Estimate $ 400.00 Current Monthly Cost $ 6,084.21 . . Proposed Solution Xerox 700 Digital Color Press with Scanning and Copy Capabilities Configured with high capacity paper feeder, stapler. 3 hole punch. stacker finisher With Xerox FreeFlow Print Controller (With PCl data interpreter) . 60 Month Fair Market Value Lease Option . Includes all supplies except paper and staples . Includes Consulting Services & Customer Education . All color impressions billed at $0.045 . All b/w impressions billed at $0.0129 Monthly Lease: $ 1,317.27 100,000 * .0450 = $ 4,500 Total Monthly Cost: $ 5,817.27 Pricing good through October 12, 2008 The contents of this proposal are considered to be Xerox private data and are provided for the exclusive use of the City of Boyton Beach. The contents herein may not be reproduced without the specific written permission of Xerox Corporation. This proposal is for informational purposes only and does not constitute a contract or an offer to contract. Should you find this proposal of interest, we would be pleased to submit contract terms. Prepared by Tom Mickles, Production Solutions Executive, Xerox Corporation. Xerox Corporation 1000 Saw grass Corp Pkwy Suite 500 Sunrise, FL 33323 Cell 727643-9920 Thomas.Mickles(ii)xerox. com xerox €' XercJx FreeFlo\N1. Print Server ~ for the Xerox 700 Digital Color Press The sleekt simple, and smart way to enhance production performance. Automate more job steps, optimize your Simplicity-to help you get the work done workflows, and enable new applications on The user-friendly Graphical User Interface (GUI) enables a smooth your Xerox 700 Digital Color Press with the and easy operator experience for job submission or editing. Managing Xerox FreeFlow Print Server. It delivers exciting jobs is as simple as click, drag, and drop, making it easy to handle multiple print jobs from multiple queues. From the interface, you enhancements that will help you meet can hold, interrupt, proof, reprogram, and forward jobs to maximize your daily needs as well as to expand your print engine productivity. Process jobs through hot folders and JDF opportunities. Available in both standard job tickets to efficiently manage your print schedule. and professional versions, the FreeFlow Print ConfidentColor Technology-prepress Server will step up your workflow productivity, through production. for today and the future. Whether you are looking at the FreeFlow Print Server standard edition or the professional edition, you can be certain that you are getting the best possible color with ConfidentColor Technology. From basic color to critical color, the FreeFlow Print Server delivers the tools that you need to provide predictable results, every time. Outstanding VI features-to enable new applications Handle more objects. more complex pages, and more Variable Information (VI) thanks to parallel job RIPping, variable caching, and other performance features. All data is kept intact using a native format without file conversion-so you can feel confident that your job will print quickly and correctly. It's the logical printing solution whether you are just beginning with or already printing variable jobs. Benchmark security--because it truly matters. Benefit from multiple security levels, all based on super-secure UNIX."- which is not susceptible to attack from email viruses or worms. Encrypted job-submission modes provide for public and private key encryption. . Security profiles offer custom setups, a print mode that limits duplicate f t",:'FlclVv page printing, and more. Rest assured, you are working with a very f):qll ~l. Vinl kflCiv" secure system. - - Xerox FreeFlowlRi Print Server for the Xerox 700 Digital Color Press Hardware/Platform Professional Edition (option) File Format Support . 17-inch flat-screen monitor (minimum) . ICC and DeviceLink Workflow support . Adobel!) PostScriptl!) level 1. 2, 3 . Keyboard and mouse . Color/Gray-balanced-bosed calibration . Adobel!) Acrobatl!) 7.0, PDF 1.6, PDF/X . X-Ritel!) DTP20 Spectrophotometer . Customer printer characterization profiling . TIFF, PClSc, PCl6Xl (Professional Edition only) . Advanced preview to include high Network Environment! . Solaris'" 10 resolution previews, VI previews, and Protocols . System 6.0 software a separation viewer Hardware Configuration . Export PDF/soft proof capabilities . TCPIIP, Novelll!) NDS@ IPXlSPX, IPP . Preflight AppleTalkl!), IPP . Single Dual Core AMD Opteron'" 2.6 GHz . Advanced imposition . DHCP processors Client and Remote Support . SNMP MIB II support for third-party . Graphics card administration tools . ~ GB memory . Xeroxl!) fully featured printer drivers Dimensions/Weight . 2 x 80 GB hard drive or greater . Windowsl!) 2000/XPNista'" full-featured . DVD-ROM/CD-RW drivers . Height 21 in. (S33 mm) . 10/100/1000 Base T Ethernet ports . Microsoftl!) Windowsl!) WHQl (Windows . Width 7.9 in. (200 mm) . Four USB ports, one serial port, Hardware Quality labs) printer drivers with . Depth 19 in. (~82 mm) one parallel port dynamic tray and status reporting . Weight 53 lb (2~ kg) ConfidentColor Technology . Macintoshlil OS 10.3.9 or higherfor drivers Options . Adobel!) PostScriptlil Printers Descriptions . Easy-to-expert color-management tools (PPD) . Professional Edition Bundle . PANTONEl!)-licensed and spot-color matching . HTTP and HTTPS browser submission - X-Ritel!) Spectrophotometer (hardware) . Key color emulations such as SWOP, support - Softwore Euroscale, FOGRA, Japan Color, GRACOl . FreeFlow'" Print Manager (optional) . Stand: . Tone Reproduction Curve (TRC) Editor . IPP for job submission and system status - Height 38.5 in. (973 mm) . Automatic Image Enhancement (AlE) Security - Width 30 in. (720 mm) . In-RIP trapping, adjustable Gray Color - Depth 30 in. (720 mm) Removal (GCR), anti-aliasing, overprinting, . Solaris"' 1 0 OS . IPDS and selectable halftones . Four security profile modes and levels . Xeroxlil Enhanced Accounting Reporter . Quick Poss Glass/Platen Calibration . Fully customizable profiles . Removable hard drive Workflow . Encryptedjob-submission modes . Data overwrite . Secure print mode (restricts page reprints) . JPEG Plug-in . True Adobel!) PostScriptl!)/PDF printing for . Address access filtering Power accurate, repeatable results . Strong password support . Familiar FreeFlow'" Print Server experience . Data overwrite option . 90-26~ VAC RMS, single phase, from office to production Variable Data Printing Support automatically configured, 15 AMP, ~7-63 Hz . Simultaneous receiving, selecting, . Power consumption is 150 watts (max.) processing, and printing of jobs . VIPPl!), Line Mode, Database Mode, Native Regulatory Agency Approval . Wide flexibility with queue management . PPMl v2.1 Graphic Arts . Job settings at page, job, and queue levels . Optimized PostScriptlil and optimized PDF Meets or exceeds the following requirements: . Basic layout/imposition standard from client . Parallel RIP architecture standard . Safety - Ul 1950, CSA C22.2 No. 950, . Hot folder drag-and-drop support for . Color background form support TUV EN 60950 Windowsl!), Macintoshl!), Linux, and UNIX . Indefinite job-size support . RFIIEMI -FCC Class A, DOC Closs A, . JDF job tickets via hot folders . Dynamic cache architecture EN 55022 Closs A, EN 61000-3-2 . FreeFlow'" Remote Print Server for remote . Transactional data option: . Immunity - EN 50082-1 fleet management - IPDS . CE Mark For more information on the Xerox FreeFlowl!) S : FleeFlow . xerox C) ,,'.. ,r.'".'. , ,,; ; Print Server, call 1-800 ASK XEROX or visit us y..,~..,., :,~!q,:l~:;:'~:, :~" i [JI(Jitul Workflow Collection on the Web at: www.xerox.com. ~---~------- @2008XeroxCorpomtkln.AIIr1ghtsreseM!d.Xerox<lJ, the sphere ci connecliYlty design. Freeflow@,andV!PI'@ are trademarks of Xerox Carparallllrl in the United Stales a>dJar alllet' countries. PANTONE<!l1s a _ of Pantane.lnc. Adabe<!l, _, and PostSalpt(!) are trademar1c; ci Adal>e Systems Incarparated in the U.s. and/or _ countries. X.fllte<!lls a _ of X.fllle.lnc. Solal1sw Is 0 trademark of Sun Mlaosystems. Inc. AppIeToIk<!> and Modntosh<!> OR! tmdemor1c; af Apple Computer, Inc. Mkrosoft<!l. Windows<!>, and Vlstow OR! trademarks of Microsoft CarparatllIrl Soflwote Assodotes.lnc. UNIX<!l1s a trademar1< of The Open Group, _ and NOS<!> ore trademor1c; of Novell. In~ AMD Dual OpteranW ~ 0 trademark of AdYanced Micro Devices. Inc. Product appearance, build status. and/or spedfiCObons are Sl.ilje<t to d10nge wtthout notiCE. 05/06 6101'729695 - - I 3538_PinoCFFPS_Pra_Spec_NA.indd 2 5!22108 10:43:15 AM I IKON Proposed Solution PROpOSAL FOR "r , City of Boynton Beach Presented By: Document Efficiency Paul Franklin-Thomas Paige At Work.SM Ralph Blankenship October 5, 2008 IKON Proposed Solution City of Boynton Beach , Ricoh Features: f: ~ Pro 906EX .90 PRINTS PER MINUTES , . Digital Scan Once, Print Many Technology i - . One pass Duplex Scanner B/W and Color 1 }'~f. .' I . 100 Sheet Digital Document Feeder __ ---___ ..;~ lit -=J-. ,-~"= . 1st Tray:1550 sheets x 2 (tandem) ! 3..YIIfT ",;m ~fiIII!""J' ~ ~ ., . 2nd and 3rd Tray 550( user adjustable) , -- ._ '~~_.. . . '_:.. ;,~..,' :?; ,...)?!",!f.. _" ., ,~~ . Limitless Automatic Two Sided Copying -.\ I 4: I . Finisher/Stapler 50 pg. Multi-Position 3,000 output. .:.'1 I ~: 4 . Image Server Memory 256MB RAM +3200GB HD I ~ . -. . Dept ID's- 500 with up to 7 digit password ~ ~~ ~ ~ Financial Considerations 10S Capital Monthly Term: Purchase 36 Months 60 Months Ricoh Pro 906EX Copier/Printer/Scanner $17,717.00 $ 552.12 $ 381.16 Document Feeder Large Capacity Tray FinisherlStaple~ Network :Soard- Scanner . "r Power Filter' , Maintenance 110,000X.OO306=$ 336.60 $ 3.672.00 $ 306.00 $ 306.00 $ 21,389.00 $ 858.12 $ 687.16 Maintenance Comprehensive Service Program includes all periodic Overage: $ .00306 per click service calls, all emergency calls, all parts and all labor. Includes toner and copy drums except paper & staples, Delivery, Installation and Training. . Miami-Dade Contract 128FFll i I II 0........ Efficiency At Work.- IKON Proposed Solution City of Boynton Beach Ricoh Features: Pro 1106EX · 110 PRINTS PER MINUTES · Digital Scan Once, Print Many Technology II · One pass Duplex Scanner B/W and Color i~: ,~: . 100 Sheet Digital Document Feeder _'._ --____ "~,~ m: -;J--:-- l · 1st Tray:lss0 sheets x 2 (tandem) 'JJfIIIfIT . ~ '~t""'" .c. · 2nd and 3rd Tray SSO( user adjustable) -_:. ',> ,,' '~"'~ -'''"",- "...:'~~ ~S:-. ,". '., -~~~'_ ~'~'::~ _ . . . Limitless Automatic Two Sided Copying .=-== · Finisher/Stapler SO pg. Multi-Position 3,000 output. - --" . Image Server Memory 256MB RAM +3200GB HD ___n' -~ --- · Dept ID's- 500 with up to 7 digit password ~ ~ -. ~ Financial Considerations 10S Capital Monthly Term: Purchase 36 Months 60 Months Ricoh Pro 1l06EX Copier/Printer/Scanner $21,697.00 $ 675.12 $ 466.16 Document Feeder Large Capacity Tray Finisher/~t~pler \", Network'Board- Scanner , Power Filter , Maintenance 110,OOOX.00306=$ 306.00 $ 3.672.00 $ 306.00 $ 306.00 $ 25,369.00 $ 981.12 $ 772.16 Maintenance Comprehensive Service Program includes all periodic Overage: $ .00306 per click service calls, all emergency calls, all parts and all labor. Includes toner and copy drums except paper & staples, Delivery, Installation and Training. · Miami-Dade Contract 128FFll 11_.. Ellie;.... At Worlc.- IKON Proposed Solution City of Boynton Beach Ricoh Features: Pro 1356EX · 135 PRINTS PER MINUTES · Digital Scan Once, Print Many Technology u, · One pass Duplex Scanner B/W and Color -- J"" · 100 Sheet Digital Document Feeder j;.",~. . - .. -. .--_~;; !fL-;' -c- · 1st Tray: 1550 sheets x 2 (tandem) --"'_.. ',f!!!!IIIT :~ '~}'~~\:.':" · 2nd and 3rd Tray 5S0( user adjustable) '-~'" ~..'-' ...-- _.-"::.:~::~ _~'-'._", ._1' · Limitless Automatic Two Sided Copying -C~, ____ I · Finisher/Stapler 50 pg. Multi-Position 3,000 output. ~i ~ ~i 4 ~ --,------ · Image Server Memory 256MB RAM +3200GB HD I .-- · Dept ID's- 500 with up to 7 digit password ,~ ~ ~, ~ ~-- Financial Considerations 10S Capital Monthly Term: Purchase 36 Months 60 Months Ricoh Pro1356EX Copier/Printer/Scanner $27,824.00 $ 865.83 $ 596.00 Document Feeder Large Capacity Tr~y ~ Finisher/StaJJler . Network Board- Scanner Power Filter Maintenance 110,OOOX.OO306=$ 366.60 $ 3.672.00 $ 306.00 $ 306.00 $ 31,496.00 $1,171.83 $ 902.16 Maintenance Comprehensive Service Program includes all periodic Overage: $ .00306 per dick service calls, all emergency calls, all parts and all labor. Includes toner and copy drums except paper & staples, Delivery, Installation and Training. · Miami-Dade Contract 128FFll II o..:.-m EIIi.i.... AtK'ln" IKON Proposed Solution City of Boynton Beach Ricoh Features: MPC7500 . 75 B/W 70 ~OLOR PRINTS PER MINUTES . Digital Scan Once, Print Many Technology · One pass Duplex Scanner / t ..~ . 100 Sheet Digital Document Feeder ~ . 1st Tray:1550 sheets x 2 (tandem) I ~,~. . 2nd and 3rd Tray 550( user adjustable) -~-- ~', ; -' /' I . Limitless Automatic Two Sided Copying ~ . Finisher/Stapler 50 pg. Multi-Position 3,000 output. - . Image Server Memory 256MB RAM + 3200GB HD -.-'= . Dept ID's- 500 with up to 7 digit password r:- r--'."- .;:. ~' r' ~ Financial Considerations 105 Capital Monthly Term: Purchase 60 Months Ricoh MPC 7500 Copier/Printer/Scanner (2 ea.) $ 47,284.00 $ 950.00 Document Feeder Finisher/Stapler Large Paper Deck LCT4000 Fiery Controller . e Power Filter .. '. ;Dt:f:J... wr Maintenance 110,000X.OQ~=$ ~ S 55.440.00 S 4.620.00 $ 102,724.00 $ 5,570.00 Maintenance Comprehensive Service Program includes all periodic Color overage: $ .042 per click service calls, all emergency calls, all parts and all labor. B/W S .008 per click Includes toner and copy drums except paper & staples, Delivery, Installation and Training. · US Community Contract II Do....... Effi.i..., At Work.- VI.-CONSENT AGENDA ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 18, 2008 September 2, 2008 (Noon) [gI November 18,2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17, 2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrati ve 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve RESPECT of Florida for janitorial services at the Utility Department's Administration Building, East Water Treatment Plant and West Water Treatment Plant for a one year period. EXPLANATION: The Utility Department is currently using RESPECT of Florida in our East Water Treatment Plant and Administration Building for janitorial services. We would like to add the West Water Treatment plant. Currently the west plant staff is performing minimal janitorial services. Issues have surfaced regarding restroom care and general cleanliness. Having a regular service contract will eliminate any of the janitorial issues. The Utility Department would like to continue utilizing the janitorial services offered by this State organization. This organization provides employment opportunities for Florida citizens with disabilities. Their work has been acceptable and we would like to continue their contract services for another year. Attached is a breakdown of services each of the facilities. Also included is the cost proposal for those services. PROGRAM IMPACT: The cost for the West and East Water Treatment Plant is $27,045.77 and Administration Building is $22,915.07 for a total of $49,960.84. FISCAL IMPACT: The total cost is $49,960.84 and is available in account numbers: #401-2811-536-49-17 - $27,045.77 Public Water Treatment #401-2821-536-49-17 - $22,915.07 Utilities Administration Expenditure 07/2008= $45,741.87 RNATIV S: acilities Managem oes not have the staff and they contr t a lot eir janitorial services already. City Manager's Signature ~~~- Assi_tto CityM1t City Attorrfy / Finance Xc: Pete Mazzella fJ I :ZI Wd 9- AON eo Barb Conboy Tony Lombardi 391;:l~O S.,UG13 AJJO Paula LeBlanc File H8~ H01HAQ8 Ji" A.U.$ S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC , I 1 RESOLUTION NO. R 08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING A CUSTODIAL SERVICES 6 AGREEMENT WITH RESPECT OF FLORIDA FOR 7 THE EAST AND WEST WATER TREATMENT 8 PLANTS IN THE AMOUNT OF $27,045.77 AND THE 9 I UTIL TIlES ADMINISTRATION BUILDING IN THE 10 AMOUNT OF $22,915.07 WITH A TOTAL 11 EXPENDITURE OF $49,960.84; AUTHORIZING THE 12 CITY MANAGER TO EXECUTE SAID 13 I AGREEMENT; AND PROVIDING AN EFFECTIVE 14 I DATE. 15 16 WHEREAS. the Utilities Department is currently using Respect of Florida for 17 custodial services at the Utility Department's Administrative Building and the East Water 18 Treatment Plant and would like to expand their services to the West Water Treatment Plant 19 for a period of one (1) year; and 20 WHEREAS, RESPECT is a program falling under the auspices of the State of Florida 21 ccording to Florida Statute 413.036 which provides employment to disabled citizens of 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 26 rue and correct and are hereby made a specific part of this Resolution upon adoption hereof. 27 Section 2. The City Commission of the City of Boynton Beach. Florida. hereb:- 28 pproves a Custodial Services Agreement with RESPECT OF FLORIDA for the Fast and 29 I est Water Treatment Plants in the amount of $27.045.77 and the Utilities Administrative 30 uilding in the amount of $22,915.07 for a total expenditure of $49,960.84. and authorizes the :ICAIRESOlAgreementslCustodial Services - RESPECT(2008-09).doc 1 City Manager and City Clerk to execute the Agreement between the parties, a copy of which is 2 attached hereto as Exhibit "A". 3 Section 3. That this Resolution shall become effective immediately. 4 PASSED AND ADOPTED THIS _ day of November, 2008. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor - Jerry Taylor 10 11 12 Vice Mayor - Jose Rodriguez 13 14 15 Commissioner - Ronald Weiland 16 17 18 Commissioner - Woodrow L. Hay 19 20 21 Commissioner - Marlene Ross 22 ATTEST: 23 24 25 26 anet M. Prainito, CMC 27 ity Clerk 28 29 30 Corporate Seal) :\CA\RESO\Agreements\Custodial Services - RESPECT(2008-09).doc -~ - RESPECT 1M ClF FI_Cl~Ic:J~ 2475 Apalachee Parkway, Suite 205 Tallahassee, Florida 32301-4946 (850) 942-0905 (850) 656-0168 fax October 17,2008 Via Email Tony Lombardi Water Treatment Plant City of Boynton Beach 124 E Woolbright Road Boynton Beach, Florida 33435 RE: East Administration Bldg and East and West Water Treatment Plant JS Contract Dear Mr. Lombardi: Per your request attached are two (2) price proposals $22,915.07 annually for the East Administration Building and $27,045.77 annually for the East and West Water Treatment Plants. If the proposals are acceptable, please sign the enclosed form and send it back to our office via facsimile at (850) 656-0168. Please note that this does not bind your agency or RESPECT of Florida contractually; it represents an agreement of the stated price for the proposed service. We will need to receive a contract and/or purchase order before services can commence. Please address all correspondence and contractual information to the Tallahassee Office. We would appreciate your positive consideration of this request and the continued support to provide employment opportunities for Florida citizens with disabilities. If you have any questions please contact Nancy Robertson, Project Manager (561) 248-9077 or email ndovale@res?ectofflorida.org. Sincerely, :Nancy Per(man Nancy Perlman Service Contracts Administrator ~ RESPECT 1M c:JF F Lc:J ~ I t::::J~ City of Boynton Beach East and West Water Treatment Plant Janitorial Services Contract October 17, 2008 Breakdown of Proposed Price Direct Labor $13,557.18 Fringe Benefits 2,992.67 Chemicals and Supplies 4,489.32 Equipment 1,478.33 General and Administrative Costs 1,755.52 Floor Care West Plant only 1,150.00 CNA Fee ** 1,622.75 Total Annual Contract Price*** $27,045.77 * Above cost line items are projections. Line items may be reasonably adjusted by contract assignee, without increasing annual price, to accommodate unanticipated costs. Such adjustments must not adversely effect the performance of the contract and the meeting of contract specifications. ** RESPECT of Florida, as the designated central nonprofit agency (CNA) of the Florida Department of Management Services, has been authorized a fee of six percent (6%) of the total contract price pursuant to Section 60E-l.003, Florida Administrative Code. ***Services will be provided three (3) times per week (Monday, Wednesday, Friday) at the East Water Treatment Plant and two (2) times per week (Tuesday, Thursday) at the West Water Treatment Plant. Floor care services will be provided two (2) times per year at the East Water Treatment Plant and one (1) time per year at the West Water Treatment Plant. Floor care will consist of: steam cleaning all carpeted areas, scrub and fmish vinyl tile floors. I accept the above price for the identified contract. (Signature of Authorized Representative) (print or Type Name) (Title) (Date) Signing this price proposal does not contractually bind your agency nor RESPECT of Florida. It simply indicates an agreement of the pricefor the stated services. Pleasefax approval back to RESPECT of Florida at (850) 656-0168 Attn: Nancy Perlman. Thank You. f:\lrrOuos\resoect\services\oroposals\Boynton E and W Water Plant (27045) IS 10- 2008-09.xls ~ RESPECT TV c::l F F L.... c::l F==III:::J ~ City of Boynton Beach East Administration B1dg Janitorial Services Contract October 17, 2008 Breakdown of Proposed Price Direct Labor $12,080.39 Fringe Benefits 3.181.48 Chemicals and Supplies 1J65.36 Equipment 640.00 General and Administrative Costs 1,228.48 Floor Care 2,763.45 Window Cleaning 281.00 CNA Fee ** 1,374.91 Total Annual Contract Price*** $22,915.07 * Above cost line items are projections. Line items may be reasonably adjusted by contract assignee, without increasing annual price, to accommodate unanticipated costs. Such adjustments must not adversely effect the performance of the contract and the meeting of contract specifications. ** RESPECT of Florida, as the designated central nonprofit agency (CNA) of the Florida Department of Management Services, has been authorized a fee of six percent (6%) of the total contract price pursuant to Section 60E-l.003, Florida Administrative Code. ***Services will be provided three (3) times per week (Monday, Wednesday, Friday). Floor care services will be provided one (1) time per year and will consist of: Front Lobby - scrub tile and grout and color seal tile; Bathrooms and Work Stations - scrub ceramic floor tile and grout; steam clean all carpeted areas; Kitchen, Stair Landings, Labs and Offices - scrub and fmish vinyl tile floors. Exterior window cleaning services will be performed one (1 ) time per year. I accept the above price for the identified contract. (Signature of Authorized Representative) (print or Type Name) ,....,... ~ ~ 1 _ \ r lllU:j (Date) Signing this price proposal does not contractually bind your agency nor RESPECT of Florida. It simply indicates an agreement of the price for the stated services. Please fax approval back to RESPECT of Florida at (850) 656-0168 Attn: Nancy Perlman. Thank You. VI.-CONSENT AGENDA ITEM B.3 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 Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office D August 19,2008 August 4, 2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) ('",,) 0 ~-. CO - ...-{ D D November 5, 2008 -4, September 2, 2008 August 18,2008 (Noon) October 20, 2008 (N. -<:d) ~ ""'" C"> D September 18,2008 September 2, 2008 (Noon) IZI November 18,2008 November 3, 2008 (NOQII) r-Qil r;10 Q ;a-< ::r::::z:, D October 7, 2008 September 15,2008 (Noon) D December 2, 2008 November 17,2008 (Nee) cft-l :JI: 0 0% (.,.) ~ .. D AnnouncementslPresentations D City Manager's Report (.,.) ~ ~ NATURE OF D Administrative D New Business :z: AGENDA ITEM IZI Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: A motion to approve the sole source purchase of6 (battery-powered) stretchers as per Fire Rescue's budgeted capital equipment line item 64-23, from Stryker-EMS Equipment, of Portage, MI, for a total expenditure of: $59,957.34 including the trade ins of $1,200.00. EXPLANA nON: The Boynton Beach Fire Rescue Department is seeking to equip all five of our Advanced Life Support (ALS) transport units with battery-powered stretchers. The sixth stretcher is requested as a spare. There were several features that were taken into consideration before choosing the Stryker-EMS stretcher. One of the main features of this particular stretcher was that it is the only powered stretcher that is UL listed. (UL- certifies that the product is safe to those who use it and the surroundings in which it exists.) This stretcher is also the only powered stretcher which has a retractable head section which allows the stretcher to be lowered to the ground without the risk of the head section injuring an operator. This stretcher utilizes hydraulic dampening, thus the stretcher will not abruptly jar the operator or the patient. This stretcher is also the lightest 700 pound capacity frame in this industry. Due to these features, this vendor is a sole source vendor of this particular stretcher. PROGRAM IMP ACT: If approved, the use of these battery-powered stretchers will dramatically reduce the strenuous lifting and the associated risk of back injuries to our firefighters. The comparison pricing documented will show not only a savings to the city by additional features and warranties with this model of stretcher but will also relieve the Ci9' of workers ~ompensation claims. In the past three years there have been 19 injuries in the Fire Department documented by RISK Management regarding stretcher / lifting accidents, showing a need for these battery powered stretchers. FISCAL IMPACT: The fiscal impact is approximately $59, 957.34. This will allow the fIre department to purchase 6 stretchers at a cost of $9,536.09 each and their associated accessories. S:\BULLET\N\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Account number: 001-2210-522-64-23 Proposed Price: $61,157.34 Expenditure: $59,957.34 Less Trade In: $1.200.00 Total: $59,957.34 ALTERNATIVES: Not to approve the purchase of the 6 requested power-stretchers. The fire department will maintain its current practice of utilizing manually ered stretchers, thus keeping the risk of injury at a Wgh level. / /". // }/ . / I ./-- ,c.-- I ..~/~~-- I.'~~ Department Head's Signature ~~~li - City --p~ t-f+. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City of Boynton Beach FL Michael D. Landress, EMS Coordinator BtJynton Beach Fire Rescue Department 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Phone: (561) 742-6337 FAX: (561) 742-6346 _.bbfnl.org E-mail: landressm@Ci.boynton-beach.fl.us October 22, 2008 To: Fire Chief William Bingham From: Michaellandress Re: Request for PO Cc: Amy McOeavitt Chief Bingham, I have requested a PO in the amount of $59,957.34 for the purchase of 6 Stryker Power-PRO stretchers @ $9,536.09 each (capital equipment) as per Budget account # 64-23. As you know, Stryker is a leader in the industry in power-stretchers. In the summer of 2007, Boynton Beach Fire Rescue was fortunate to test both the Stryker Power-PRO and the FERNO POWERFlexx stretcher for approximately two weeks at FS # 1. A power-stretcher was placed on Rescue 1 and Rescue 5. After a two- week trail, our crew's unanimously chose the Stryker over the FERNO for its ease of operation and durability. Stryker is the sole manufacturer of the Power-PRO stretcher, which features an innovative powered hydraulic lift to raise and lower patients with the touch of a button. The cot provides superior performance with outstanding ergonomics. The use of power stretchers (regardless of manufacturer) will certainly reduce the risk of injury to our firefighters and have been endorsed by Boynton Beach Risk Manager Chuck Magazine. Let me know if you require any further information. Respectfully, >-!J/IJt6 Michaellandress Gateway to the Gulfttream "'lage MI 4900;, PO Box 93308 ',j." C'>CI I ,",00-669-4962 Chicago, IL 60673 . 4U7 -264-b 12:5 ----------.- ---..----.. Date 09/29/2008 Customer Number 1063436 Spec Number ;2435 -.---- Billing Address: Shipping Address: End User Address. (If Differef1!i Name BOYNTON BEACH FIRE Name. BOYNTON BEACH FIRE RESCUE Name. .Address. 100 E BOYNTON BEACH BLVD Address: 100 E BOYNTON BEACH BLVD Address BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33435 Contact Mike Landress Contact Mike Landress Contact Phone #: 561-375-6332 Phone #. 561-375-6332 Phone #: Email landressm@ci.boynton-beach.fl. Email: I a ndressm@ci.boynton-beach.ll,us Email' Fax 561-742-6334 Fax. 561-742-6334 Fax: -.----.-.--"--- ---- Qty Item No# Name List Price Price Extended Price 6 6500000000(M) POWER PRO AMBULANCE COT $12,071.00 $9,536.09 S57,216.54 6 6090041010 Bolster Mattress $0,00 $0.00 $000 6 6082501010 Single Wheel Lock Option $0.00 SO.OO SO 00 6 6500070000 Domestic Battery Charger 11 OV $0,00 SO.OO SO.OO 6 6500081000 DVD In-Service Video Option $0,00 SO.OO $000' 6 6500074000 DEWAL T BATTERY AND MANUAL OPT SO.OO $0.00 SO DO 6 6092036018 J-Hook $0.00 $0.00 $000, 6 7777881669 3 Yr X-Frame Powertrain Warr $0.00 $0.00 SOOO 6 6082260010 EMS Standard Restraint Package $0.00 $0,00 $D.oe 6 6500078000 POWERPRO DOMESTIC MANUAL OPT $0.00 $0.00 $0 (JI,; 6 6500215000 3 Stage IV Pole (PR) $284,00 $227.20 51.363.20 6 6500147000 Equipment Hook Option $47.00 $37.60 5225 6C 6 6500128000 HIE Storage Flat Option $114.00 $91.20 ChS47 ?r" I ;"'-- ,I ,,-l i 6 7777881670 2 Yr Bumper to Bumper Warranty $0.00 $0.00 SO 01: 6 6500160000 Base Storage Net Option $160.00 $128.00 $768.00 6 6500141000 Fowler Oxygen Bottle Holder% I $216.00 $172.80 $ 1.036.80! 6 6500026000 Standard Components $0.00 $000 SO Or_' ----- Subtotal $12,892.00 $1019289 $6' 1573:' Trade In Credit I S 1.200 au i r All applicable Sales Tax will be calculated at time of invoicing Total $59,957.34 i i -_._-- Customer Information: P 0 Number Signature: Title: I I I I I I ~___.m___.__ _ i Type. Expiration: Security Code I -_._-.--~-------.... Name On Card I --_.----- - I CC Number' CC Name. r j Requested Delivery Date' Terms. Terms are Net 30 and FOB Origin with all costs of transportation and insurance paid by Stryker with the exception of special deliveries as requested by the customer Such special delivery charges will be prepaid by Stryker and added to the final invoice. Order Subject to approval by Stryker Corporation. Taxes will be InVOiced as a separate item when applicable Credit cannot be allowed on returns of special or modified items. All approved returns will be accepted ONLY Portage Michigan Proposals are effective 30 days from submittal. Thank You For Your Business Jeff Pounds Territory Manager 3800 E. Centre Ave stryker~ Portage. MI 49002 t: 407-574-5503 f.407-264-8123 "m: 800-669-4968 ext. 8940 EMS Equipment jeff. pounds@stryker.com September 29,2008 MEMORANDUM FOR RECORD RE: Sole Source Information for Stryker Model 6500 Power-PRO Ambulance Cot Stryker is the sole manufacturer of all Stryker products. All orders of Stryker equipment come through the designated Stryker Territory Manager based on the location of the ship to address. This correspondence is to inform you of the unique characteristics found only in Stryker's Model 6500 Power-PRO Ambulance Cot. These characteristics can be broken down into three primary categories: Safety, Maintenance, and Ease of Use. Safety 1) The Stryker Model 6500 Power-Pro is the only powered ambulance cot that meets the following independent certifications: Underwriters Laboratories - This certifies that the product is safe to those who use it and the surroundings in which it exists. A powered medical device must have this certification in order to operate in a hospital environment. The Stryker Model 6500 Power-Pro is the only powered ambulance cot that is UL listed. IPX6 - This certifies that the cot's electrical, hydraulic, and other systems are rated to withstand high pressure water jets. IEC-60601 - This certification is a multi-stage certification process which states that the Power-Pro conforms to industry standards for electromagnetic medical equipment. Included in this process are Electromagnetic Compatibility (EMC) and Electromagnetic Interference (EMI). EMC allows the Power-Pro to enter hospitals without disturbing other electromagnetic devices such as heart monitors. EMI prevents our cot from being activated by external electromagnetic devices. 2) The Power-Pro is the only power-lift cot with a retractable head section. This feature allows the cot to be lowered to the ground in the shortened position without the risk of the head section injuring an operator or being damaged. 3) When unloading with the manual release handle, the cot utilizes hydraulic dampening. Thus, the cot will not abruptly jar the operator or the patient. 4) The cot has no litter-frame pinch points and thus facilitates a two-person "shared load. n This reduces risk of injury and eases cot loading. 5) The cot features the lightest 700-lb capacity frame in the industry. Maintenance 1) The cot features a foot-end-mounted hourly usage meter. This is an easy tool to determine the timing of preventative maintenance checks. 2) The cot features powder-coating on the entire aluminum frame (including the patient handling surfaces), thus eliminating aluminum oxidation throughout the cot. Additionally, the powder-coated surface facilitates easier decontamination and prevents the carbon build-up that otherwise would rub onto the caregiver's uniform. 3) All caster bearings are sealed, eliminating timely and costly lubrication. 4) The cot is power washable and meets IPX6 pressure jet certification (see above). 5) The cot's battery source is a standard, non-custom battery (24V DeWalt) which can be purchased either through Stryker or numerous other sources. Ease of Use 1) The battery is placed at the foot end of the stretcher and is easily accessible in any situation. 2) The cot legs power-retract in 2.4 seconds, the fastest of any powered cot. This speeds load times and reduces operator fatigue. 3) The cot provides the highest potential load height of any cot on the market at 36" and is operator- adjustable to match the deck height of individual rescues or ambulances. 4) The cot features the industry's only forward-folding, single-hand release, side rails, thus giving caregivers more space inside the transport vehicle. 5) The foot end of the cot provides lifting bars and operator controls at two different heights, thus providing optimum ergonomics to most operator heights. 6) The foot end of the cot contains a large battery indicator light which displays red or green depending on battery level. A warning is given by a flashing red light, allowing the operator time to change the battery. 7) The Model 6500 has 6" x 2" sealed bearing casters - the largest in the industry. This facilitates rolling over any surface with ease and reduces caregiver strain. 8) The Power-Pro features an integrated bumper system which reduces damage to walls and other obstacles when impacted. Please forward any further questions to the undersigned, Stryker's direct sales representative, at 407 -57 4-5503. Sincerely, Jeffery Pounds Territory Manager, Stryker - EMS Equipment DETAIL EXPENDITURES BUDGET YEAR 2008/2009 2006/07 2007/08 FOUR YEAR PROJECTION Actual Current ESTIMATED D~PAnTMENT MANAGER'S '7. ACCOUNT DESCRJPTION Expense Budget E.WENDJruRES REQUEST RECOMMENDEr CHANGE 2009/10 2010/11 2011/12 Z012/13 t I . II I _ 11.000__._________ 64-07 FIRE SPEIIAL OPS EQUIP 3.494 9,200 9,900 7.600 7,600 17 5.000 5.250 5,513 - 5.7Jli RESCUE QlJICK PACKS J (DIVE TEA/1 3.300 14AVE RUNNER SLED (0 VE TEAH) 1.500 _~_ _. __ DRY DIVE SUITE 2.000 UNDERWRATER /'tHAL D TEaOR BOO 7.600 64:14 CpMPUTER SOffilARE 7.823 9,000 9.000 27.300 27.300 203 10.000 10,500 J~ _ 11,571 PIUMTRY I~(4GES - AERIAL It-l4GIN S FOR C(JfoI4ND 2.500 I1VL TRAFFIC LlGffT C D INTEGRArION - TRAFFIC PR6 HP 20.000 -- -- 5OFn.JARE . INSPECT[ iN TOOLS UPDAT 4.800 --- _ 27.300 ____. :64-15 COMPUTER EQUIPMENT 20.907 24.521 20.000 70.438 70.438 187 30,000 43.500 ----- 63,075 91.4?< FIRE INSPECTORS ELE mONIC FlELD ABLETS 45.000 VIDEO PROJECTOR FOR 1ST if 2 TRAINN G ROO'! 2.000' l'fISC. CCJo/PUTER EQUI & [{JtPONENTS 1.000- ~KJBlLE ll4TA !ERHINA REPLACENf.NT55+ YEARS OLD 16,538 ---. -'- alGI rAL CNtERA N/TH INTEGRATED GP 1. 400 LAPTOP REPLACEMENTS [fOR ;} CHIEfS 3.000 OVERHEAD PP PRaJECTi 'R 1. 500 10.4JlJ ___ 64-16 FURNITUR!:-& FIXTURES u 0 0 0 0 0 1.000 1.000 2.000 64.17 OFFICE MACHINES/EQUIP. 2.904 0 0 0 0 0 1.000 1.000 1,000 64.20 COMMUNICATION EQUIP. 4,064- 22.000 22.000 88,800 88.800 304 85,000 85.000 50,000 40,00 1/3 PORT RADIO Rtf'UCENENrs - FED IN/mOPE/MBlL TY 76.000 SPARE I1f.JBILf RADJu 4, uuo ffiBlLE SA/HUTf CCf'M1CATlONS UJ IT t.. UOu - -- I.J/r.HESS (;ArEWAY REi'LACEMfNTS 3.8uO ____NOn: RADIOS HIlS1 Hi ET FEutML iN EROPERABlL/TY - '_ SJ'ANDARDS NaTE: POSSIBILl Tt' (), our:.>lOE fUND NG F{]I( RADIOS - --- FJ.'(J1 Harll &. ::;PRIIV Rt/WfUING _ --.. - 88, BOO 6ii~23 PARAMEDIC EQUIPtlENT 41.752 25.400 15,000 144,026 144,026 467 40,000 40.000 40.000 4lLou CArnAL eQUIPMENT L n PACKS ~lJ, :Jjc -----afij}AL fOUl PNETft 5 ~'ETCf/; Rj 61. 880 CAPI7AL I-Lu :/V/lLAtIJIS--- b.81Y--- CIlPTTAL EQUIPMENT N~ 0 FJ 0 UNITS 15.1I!:L ---utPll'A[TiJIJ/PHENI 5 [. f 1, UIV/ /S 1. IJUU --- -- ---------mJrr-RrlJilIT/s HAVt:. tJt:.l:, 'RtVlUU:;V \ 1 rn -. ... - -' - 111.U;;'o - --.. - __=== ----"- 1':) . VI.-CONSENT AGENDA ITEM 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 City Clerk's Office Meeting Dates in to City Clerk's Office c=J August 19,2008 August 4,2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) c=J September 2, 2008 August 18,2008 (Noon) c=J November 5, 2008 October 20, 2008 (Noon) c=J September 18, 2008 September 2, 2008 (Noon) [gJ November 18, 2008 November 3, 2008 (Noon) c=J October 7, 2008 September 15, 2008 (Noon) D December 2, 2008 November 17,2008 (Noon) c=J Announcements/Presentati ons [gJ City Manager's Report NA TURE OF c=J Administrative c=J New Business AGENDA ITEM c=J Consent Agenda c=J Legal c=J Code Compliance & Legal Settlements c=J Unfinished Business c=J Public Hearing c=J RECOMMENDATION: Motion to authorize and execute by resolution an Interlocal Agreement, Utility Easement and Temporary C~nstruction Easement between Palm Beach County and the City of Boynton Beach in support of the City's construction of the new regional force main. EXPLANATION: In 2007, the City issued task order U07-20-1 to the Wantman Group, Inc. (WGI) for the new regional force main route selection, detail design, permitting and bidding phases of the project. Once the force main route was identified and confirmed the acquisition of easements, permits and agreements began and the new force main design has now progressed to the 90% stage. Currently, the project is in the permitting phase and permits/agreements have been issued by various agencies. The agreements allow the City to access the pipeline corridor for the construction of the force main and it's components and commits the City to restore the Palm Beach County property in accordance with the Palm Beach County Landscape and Irrigation Plan and to maintain the force main and it's components. PROGRAM IMPACT: Palm Beach County Interlocal Agreement, Utility Easement and Temporary Construction Easements are necessary to allow the City to construct several portions of the new regional force main within the PBC Caloosa Park. S'\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: There are no fees associated with the Utility Easement in that Palm Beach County (Parks& Recreation Department) and the City have reached an agreement concerning the cost of the Utility Easement. In exchange for the Utility Easement, the City has provided, at no cost to PBC, a reclaimed water connection at the Caloosa Park entrance. Additionally, the City will, as a construction contract pay item, re-Iandscape the force main corridor within Caloosa Park. The eventual construction contract will be funded from Utilities account #406-5000-590-96-03 SWR114. AL TERNA TIVES: Although there are alternative force main routes available, the one selected is the most direct and will provide the City with the most cost effective construction option. Therefore, th!s~a1::ts W:h :Im Beach County should h~ a:j"riz~~. I~ It'vk <:- 'r' ~~ K I Boateng, P.E. City Manager's Signatu;e Utilities Director ~ Assistant to City Manager Utilities Department Name City Attorney / Finance bc:~eter Mazzella, Deputy Utilities Director ~ Paul Fleming, PMP, Sr. Project Manager Chris Roschek, P .E., Engineering Division Manager Karen Riseley, CPPB, Contract Administrator Barb Conboy, Manager Utilities AdminIFinance Project File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC , , 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING 5 I EXECUTION OF AN INTERLOCAL AGREEMENT AND I 6 A TEMPORARY CONSTRUCTION EASEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH AND 8 PALM BEACH COUNTY, IN SUPPORT OF THE CITY'S 9 CONSTRUCTION OF THE NEW REGIONAL FORCE 10 MAIN, AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the new 14 regional force main route selection, detail design, permitting and bidding phases of the 15 project; and 16 WHEREAS, the attached agreement with Palm Beach County, allows the City to 17 access the pipeline corridor for the construction of the force main and it's components and 18 commits the City to restore the property of Palm Beach County, to if s pre-existing conditions 19 and to maintain the force main and it's components; and 20 WHEREAS, the City Commission upon recommendation of staff, deems it 21 ppropriate to approve and authorize execution by the Mayor and City Clerk of the lnterlocal 22 greement and Temporary Construction Easement between the City of Boynton Beach and 23 aIm Beach County. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 eing true and correct and are hereby made a specific part of this Resolution upon adoption 28 29 Section 2. The City Commission of the City of Boynton Beach, Florida does :\CA\RESO\AgreementAAccess Easement-Palm Beach County-RFM.doc 1 hereby approves and authorizes the Mayor and City Clerk to execute an Intcrlocal /\grecmenl 2 and Temporary Construction Easement between the City of Boynton Beach and Palrn Beach , County. in support of the City's construction of the new regional force main. a copy ot which -) 4 is attached hereto as Exhibit "A" 5 Section 3. This Resolution shall become effective immediately upon passage 6 7 PASSED AND ADOPTED this __m_ day of November. 2008. 8 9 CITY OF BOYNTON BEACH, FLORIDA ]0 ] ] ~--_._--~~--------~-~ ... -~----~ ]2 Mayor Jerry Taylor ]3 ]4 ]5 Vice Mayor- Jose Rodriguez 16 ] 7 18 Commissioner -- Ronald Weiland 19 20 ----~--~._-_. - --~ ------------ 21 Commissioner ~~- Woodrow L. Hay ;! ;' .c.-' 24 I Commissioner - Marlene Ross 25 I 26 ~TTEST: 27 I 28 [ -~----~ 29 anet M. Prainito, CMC 30 ity Clerk 3] '; -)~ ..,..., _i _) 34 Corporate Seal) leA IRESO\AgreementSlAccess Easement .Palm Beach Count\ .R FM doc INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") is made this , between the CITY OF BOYNTON BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida, located in Palm Beach County, Florida (hereinafter "City") 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, County owns and operates Caloosa Park (hereinafter referred to as the "Park"), a regional park located west of the City; and Page I of 17 WHEREAS. City is in the process or constructing a lift station and installing ! regional force main in order to improve sanitary se\\er utility services within the Cil\ and WHEREAS, City needs to install a portion of the regional force main (the "Force Main") on Park property in order to connect certain properties in the City's service area to the new lift station; and WHEREAS, City has requested that County grant City (i) a permanent utilit:- easement over Park property for the Force Main, (ii) a temporary construction easement to allow installation of the Force Main, and (iii) access through the Park to allow Cit\ tu ~ - maintain the Force Main; and WHEREAS, in exchange for County granting City an easement over Park property for the installation of the Force Main, City is willing to, at its sole cost and expense. (i) extend City's reclaimed \vater line to the Park boundary in order to provide the Park with reclaimed water for irrigation. and (ii) clear exotic vegetation from the Force Main easement area and replace the exotic vegetation with a new landscape buffer NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Purpose The purpose of this Agreement is to allow City to use County's Park for the installation of a regional force main needed to improve sanitary sewer utility services within the City, in exchange for which City wilL at City's sole cost and expense. provide Page 2 of ] 7 County with improvements to County's Park that will reduce County's operating costs and improve the aesthetics of the Park. Section 2. Definitions The following definitions shall apply to this Agreement: "Act" means Part I of Chapter 163, Florida Statutes. "Agreement" means this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "Park" means Caloosa Park located west of the City of Boynton Beach. Section 3. Representative/Monitorine Position The County's representative/contract monitor during the term of this Agreement shall be the Director of County's Parks and Recreation Department, 2700 6th Avenue South, Lake Worth, Florida 33461-4799, whose telephone number is (561) 966-6600. The City's representative/contract monitor during the term of this Agreement shall be Paul M. Fleming, PMP, Senior Project Manager, City of Boynton Beach, 124 East Woolbright Road, Boynton Beach, FL 33435, whose telephone number is (561) 742- 6487. Section 4. Effective Date/Term This Agreement shall take effect upon execution by County. The term of this Agreement shall be for a period of three (3) years, and unless otherwise terminated as provided herein, shall continue in full force and effect up to and through the date that City has completed the improvements to Park as provided for in this Agreement, and the date that County has granted all easements to City allowing City to install and maintain Page 3 of 17 the Force Main on Park property as provided for in this Agreemenl. Ihc term of till' Agreement may be extended upon entering into a written amendment to this Agreement. executed by both parties. Section 5. Services Rendered County will grant one or more easements to City allowing City to construct and maintain the Force Main needed by City in order to improve sanitary sewer utility services in the City, and in exchange, City shall provide County with access to a reclaimed water line for irrigation of the Park. and a new landscape buffer in the location of the Force Main easement area. Section 6. Responsibilities and Duties A. County agrees to provide City with a 12-foot permanent utility easement (the "Force Main Easement") in substantially the form attached hereto as Exhibit "A'- for the installation of the Force Main. The Force Main Easement shall be granted over a portion of the Park as legally described on Exhibit "B" attached hereto (the "Easement Area"). The Citv acknowledges that the Easement Area is within the limits of an existing . ~ ~ FPL easement. and any Citv improvements \vithin the Easement Area must he coordinated with FPL. The Force Main Easement may be amended upon mutual consent by the County and City. County shall not be required to expend any funds in connection with the approval, installation, or maintenance of the Force Main. The Force Main Easement shall include the City's right of access over a portion of the Park as identified and depicted in the Force Main Easement for the purpose oj maintenance of the Force Main. City, at all times during any maintenance or inspection Page 4 of 17 of the Force Main, agrees to conduct its operations in order not to unnecessarily disrupt operations at the Park. B. County agrees to grant City a 40-foot temporary construction easement (the "TCE") for the installation of the Force Main, which TCE shall be substantially in the form of Exhibit "e" attached hereto and in the location legally described therein. The City acknowledges that the TCE easement area is within the limits of an existing FPL easement and any City activities within the TCE easement area must be coordinated with FPL. City, at all times during the installation of the Force Main, agrees to conduct its operations in order not to unnecessarily disrupt operations at the Park. e. City, at the City's sole cost and expense, agrees to remove all exotic vegetation as permitted from the Easement Area and install a new landscape buffer at its sole cost and expense and in accordance with the landscape plan (the "Landscape Plan") attached hereto as Exhibit "D". City, at all times during the implementation of the Landscape Plan, agrees to conduct its operations in order not to unnecessarily disrupt operations at the Park. D. City, at the City's sole cost and expense, shall extend its reclaimed water line (the "Reclaimed Water Line") to the boundary of the Park as shown on Exhibit "E" attached hereto, and hereby agrees to allow County to connect to the Reclaimed Water Line. City shall not charge County a connection fee, but County shall be responsible for all costs associated with connecting the Park's irrigation system to the Reclaimed Water Line. City, at the City's sole cost and expense, shall also install a separate meter for the Park, and County shall be responsible for the cost of its use of the Reclaimed Water. Page 5 of 17 E. City expressly acknowledges that City's use of an}' part 01 the Park " secondary to County's operations at the Park. and in particular. City agrees to maintain public access at all times, and acknowledges and agrees that the Director of Count} ",~ Parks and Recreation Department shall reviev-' and approve in advance all plans. including, but not limited to location of the Force Main. location of easements, the construction schedule for installation of the Force Main, and the Landscape Plan. F. City shall be responsible for obtaining. at its sole cost and expense. any permits required for the installation of the Force Main and/or the implementation of the Landscape Plan. G. City agrees to accept the Easement Area "as is," and County shall not be responsible or liable to City for any reason whatsoever. including without limitation. any claims for compensation or any losses. whether caused by vandalism. theft, or natural physical conditions of or in the Easement Area, whether on the surface or underground. including stability. moving, shifting. settlement of ground, or displacement of materials by fire, water, windstorm. tornado. hurricane. act of God or State of \var. civilian commotion or riot. or any cause beyond the control of County. Section 7. Breach/Opportunity to Cure The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights as provided for in this Agreement. Page 6 of 1 7 Section 8. Termination In the event the City fails to cure a default following notice from the County, this Agreement may be terminated by County upon ninety (90) days prior written notice to City. Section 9. 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. Section 10. Annual Appropriation Each party's performance and obligation to pay under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for subsequent fiscal years. Section 11. Notice All notices, consents, approvals and elections (collectively, "notices") to be given or delivered by or to any party hereunder shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services, or national overnight delivery service, or on the date of transmission with confirmed answer back if by telecopier or fax if transmitted Page 7 of 1 7 before 5 :00 p.m. or on a non-business da). Ul" if mailed. upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities ,1_, non-deliverable, as the case may be. The parties hereby designate the follO\ving. addresses as the addresses to which notices may be delivered. and deliver: to such addresses shall constitute binding notice given to such party: (a) If to the County at: Attention: Director Palm Beach County Property and Real Estate Management Division 2633 Vista Parkway West Palm Beach. Florida 33411-5605 (561) 233-0217 (telephone) (561 233-0210 (facsimile) with a copy to: Attention: Director Palm Beach County Parks & Recreation Department 2700 6th A venue South Lake Worth, Florida 33461-4727 (561) 966-6600 (telephone) (561963-6719 (facsimile) with a copy to: County Attorney's Office Attn: Real Estate 301 North Olive A venue. Suite 601 West Palm Beach. Florida 33401-4700 (561) 355-2225 (telephone) (561) 355-4398 (facsimile) Page 8 of 17 If to the City at: Attention: City Manager 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 (561) 742-6010 (telephone) (561) 742-6011 (facsimile) with a copy to: Attention: Utilities Director City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 (561) 742-6404 (telephone) (561) 742-6298 (facsimile) with a copy to: Attention: Deputy Utilities Director City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 (561) 742-6401 (telephone) (561) 742-6298 (facsimile) and: Paul M. Fleming, PMP, Senior Project Manager City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33435 (561) 742-6487 (telephone) (561) 742-6298 (facsimile) and: City Attorney's Office 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 (561) 742-6053 (telephone) (561) 742-6054 (facsimile) Page 9 of 17 Any party may from time to time change the address v,'hich notices under this Agreemelll shall be given such party, upon three (3) days prior written notice to the other parties. Section 12. Dele2ation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city ot1icers. Section 13. Filin2 A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 14. Liability The parties to this Agreement and their respective officers and employees shall 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 b:-. either party, pursuant to Section 768.28. Florida Statutes. Section 15. Indemnification City agrees to protect. defend. reimburse. indemnify and hold County. its agents. employees and elected officers. and each of them free and harmless at all times from and against any and all suits, actions. legal or administrative proceedings, claims, demands. damages. liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature whether arising in any manner directly or indirectly caused. occasioned or contributed to in whole or in part, by reason of any act omission or fault whether active or passive of County, of anyone acting under its direction or control. or on its behalf in connection with or incident to the performance of this Agreement. City's aforesaid Page 10 of 17 indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the County, its respective agents, servants, employees or officers, nor shall the liability limits set forth in Section 768.28, Florida Statutes, be waived. Section 16. Insurance Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, City acknowledges and represents that City is 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. In the event City maintains third-party Commercial General Liability and Business Auto Liability, in lieu of exclusive reliance of self-insurance under Section 768.28, Florida Statutes, City shall maintain said insurance policies at limits not less than $500,000 each occurrence. City shall add the County as an "Additional Insured" with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or similar endorsement, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents, c/o Parks & Recreation Department". The Additional Insured endorsement shall provide coverage on a primary basis. Claims-bill indemnification style coverage shall not be considered third-party liability for the purpose of this paragraph. Page 11 of 17 City agrees to maintain or to be self-insured for Worker's Compensation (\ Employer's Liability insurance in accordance \vith Florida Statutes Chapter 440. City shall maintain property Insurance. which would include builder's risk insurance provided by City or City's hired contractor. while the project is in the course 01 construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum. City shall have County added as an "Additional Insured" on the builder's risk. When construction is completed, City agrees to maintain all-risk property insurance for adequate limits of coverage on the building( s) and contents, if any. based on City's replacement cost calculation. or the highest probable maximum loss estimate for the perils of either fire. wind, or flood. City agrees to be fully responsible for any deductible, uncovered loss. or self-insured retention. When requested. City shall provide a statement or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status. Compliance with the foregoing requirements shall not relieve City of its liabilit;. and obligations under this Agreement. City agrees its self-insurance. general liability. automobile liability. and propert) insurance shall be primary as respects to any coverage afforded to or maintained b\ County. City expressly understands and agrees that any insurance protection furnished b) City shall in no way limit its responsibility to indemnify and save harmless County under the provisions of Section 15 of this Agreement. Page ]2 of 17 Section 17. Amendments This Agreement may be modified and amended by written instrument upon mutual agreement of the parties hereto. Section 18. 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, Florida. In the event City fails or refuses to perform any term, covenant, or condition of this Agreement for which a specific remedy is not set forth in this Agreement, County shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof or injunctive relief. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 19. Time of the Essence The parties expressly agree that time is of the essence in this Agreement and the failure by a party to complete performance within the time specified, or within a reasonable time if no time is specified herein, shall, at the option of the other party without liability, in addition to any other rights or remedies, relieve the other party of any obligation to accept such performance. Page 13 of 17 Section 20. Equal Opportunity Provision The County and the City agree that no person shalL on the grounds of race. colur. sex. national origin, disability. religion, ancestry. marital status. gender identity ur expression or sexual orientation be excluded from the benefits of, or be subjected to an~ form of discrimination under any activity carried out by the performance of thi::, Agreement. Section 21. Captions The captions and section designations herein set forth are for convenience onl~ and shall have no substantive meaning. Section 22. Incorporation bv Reference Exhibits attached hereto and referenced herein shall be deemed incorporated into this Agreement by reference. Section 23. 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. Section 24. Entirety of Agreement This Agreement represents the entire understanding between the parties. and supersedes all other negotiations. representations. or agreement. either written or oral. relating to this Agreement. Page 14 of J 7 Section 25. Survival The City's obligations set forth in Section 15 of this Agreement shall survive the termination of this Agreement. ~ IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year first above written. ATTEST: County: PALM BEACH COUNTY, SHARON R. BOCK, a political subdivision of Clerk & Comptroller the State of Florida By: By: Deputy Clerk Chair APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By: By: County Attorney Department Director Page 1 5 of 17 ATTEST: Ci~': CITY OF BOYNTON BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida By: B\': ------..----.-..--..----.----------------- ~ ~---_...,..~~ . City Clerk .Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY B\': City Attorney STATE OF FLORlDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day of . 200R. ~~------- ----- before me personally appeared u.___..__' Mayor. personally known to me or who produced as identification and who did ( ) did not ( ) take an oath and who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein, . - ---- Notary Public. State of Florida Print Name Commission No. My Commission Expires: li \Devclopment\Open Prolccts\PR-Caloosa Parkl Boynton Eascment)\f1\:TERLOCALIB app 1110208 final d(ll' Page 16 of 17 Exhibits to Interlocal A2reement Exhibit "A" - Force Main Easement Exhibit "B" - Easement Area (Force Main Easement) Exhibit "C" - Temporary Construction Easement Exhibit "0" - Landscape Plan Exhibit "E" - Reclaimed Water Line Location Page 17 of 17 Exhibit nAn to Interlocal Agreement Page 1 of 4 Prepared h\ 8: Return L,' Katnna L Gilbert Palm Beach Co lint\' Property 8: Real [:state Management D1\ iSllJn ~b33 Vista Parkwa} West Palm Beach I"L '-'341 ~5605 peN OS-43-4h-U5-00-0llCi-3l11 (I OS-4:; -46-0 5 -00-000- 3040 UTILITY EASEMENT THIS UTILITY EASEMENT ("EasemenC). made n\ PALM BEACH COUNTY, a political subdivision of the State of Florida. whose mailing address is 301 North Olive A venue, West Palm Beach. Florida 33401- 4705. C'COUNTY"). in favor of the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, whose address is 1 00 East Boynton Beach Boulevard. Boynton Beach. Florida 33435-7934. ("CITY"). WITNESSETH: That COUNTY for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration, in hand paid. receipt of which is hereby acknowledged, has granted, bargained. sold and conveyed, and does hereby grant. bargain. sell and convey unto CITY. its successors and assigns, upon the conditions hereinafter set forth, a perpetual non- exclusive easement for the construction, operation and maintenance of underground regional force main and appurtenances thereto. to be installed from time to time. or to be altered. improved, or removed therefrom and for the right to cut and keep clear trees. brush or undergrowth therefrom and all other obstructions that might endanger or interfere therewith. over. across, through and upon, under or within that parcel of land located in Palm Beach County. Florida. described on Exhibit "A" attached hereto and made a part hereof as i 1 recited at length (the "Easement Premises") See legal description marked Exhibit" A" attached hereto and made a part hereof together \-vith the right of ingress and egress thereto. over, across. through and upon, under or within that parcel ofland located in Palm Beach County. Florida, depicted on Exhibit "8" attached hereto and made a part hereof as if recited at length (the "Access Premises"). Page I of4 Exhibit "A" to lnterlocal Agreement Pa oe 2 of 4 b THE CONDITIONS OF THIS RIGHT OF llSAGE ARE SUCH THAT: 1. CITY shall cause the regional force main and its appurtenances to be constructed within the confines of the Easement Premises. 2. CITY hereby expressly agrees that in the event that CITY, its successors and assigns, shall ever abandon use of the of the Easement Premises or cease to use the Easement Premises for the purposes herein expressed, the easements granted herein shall become null and void, and all the right, title and interest in and to the Easement Premises and Access Premises shall revert to COUNTY. 3. CITY further expressly agrees to maintain in good condition and repair, at its sole cost and expense, its underground regional force main and appurtenances within the Easement Premises at all times during the term hereof. 4. CITY shall be liable for its own actions and negligence and, to the extent permitted by law, shall indemnify, defend and hold hannless COUNTY against any actions, claims, or damages arising out of CITY's negligence in connection with this Easement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by CITY to indemnify COUNTY for COUNTY's negligent, willful or intentional acts or omissions. 5. The grant of Easement contained herein is solely for the use and benefit of CITY, and CITY's authorized agents and employees, and is not intended, and shall not be construed as a dedication to the public of any portion of the Easement Premises or the Access Premises for public use. 6. CITY acknowledges that certain above ground and underground improvements have been constructed by COUNTY and/or FPL within the Easement Premises and Access Premises. Accordingly, CITY covenants that it will protect all such improvements and any improvements made by COUNTY in the future, including, but not limited to, water mains, irrigation pipes, storm water pipes, sanitary sewer pipes, electric service lines, telephone lines, park lighting, existing fencing and existing trees and landscaping. 7. CITY hereby accepts the Easement Premises "As-Is'" without warranty or representation and subject to zoning and other governmental restrictions, matters reflected on any plat relating to the Easement Premises, and all other easements, restrictions, conditions, encumbrances and other matters of record. Page 2 of 4 Exhibit" \." to I nterlocal -\greement Page J of ..1- 8 ~~ ~(J L ~ I'~ r\ r r~~cr\ (>, tll '~\ -:~l :( I '_ ~ : , .11,' "5 use .Jf The /\~.."~ -.".. Premises upon ninety (90) days \\Titten notice to CIT\. 9. The terms of this Easement shall not be strictly construed against one party as opposed to the other party based upon \\'ho drafted it. In the event that any secliull. paragraph, sentence, clause. or provision hereof be held by a court ofcompetentjurisdictilll1 to be invalid, such shall not atTect the remaining portions of this Easement and the same shall remain in full force and effect. 10. This Easement represents the entire understanding between the parties and supersedes all other negotiations, representations. or agreements. either written or oraL relating to this Easement. No amendment shall be effective unless the same is in writinQ. and ~ ~ signed by all parties. 11. By exercise of the rights granted to CITY by this instrument. ('IT)' acknowledges and agrees that the conditions and restrictions imposed herein shall bind and be enforceable against CITY, its successors and assigns to the same extent as if such part) had physically executed this instrument. 12. County hereby retains all rights relating to the Easement Premises and Access Premises not specifically conveyed by this Easement including the right to use the Easement Premises and Access Premises and any improvements now existing or constructed hereinafter therein. and the right to grant to third parties additional easements in thl' Easement Premises and Access Premises or the right to use the improvements therein. 13. This Easement shall be governed by. construed and enforced ]f1 accordance with, the laws of the State of Florida. Venue in any action. suit or proceeding in connection with this Easement shall be in a state court of competent jurisdiction in Palm Beach County, Florida. 14. This Easement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of Count) Commissioners. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 3 of.:j Exhibit" A" to lnterlocal Agreement Page 4 of 4 IN WITNESS WHEREOF, COlJNTY has caused these presents to be executed in its name, by its proper officers thereunto duly authorized, the day and year first above written. ATTEST: SHARON R. BOCK PALM BEACH COUNTY, a political CLERK & COMPTROLLER subdivision of the State of Florida By: By: Deputy Clerk Chair APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By: By: Assistant County Attorney Department Director G:\Development\Open Projects\PR-Caloosa Park(Boynton Easement)\Easement utility.JB app. JOO208.final.doc Page 4 of 4 Exhibit "B" to JnterloeaJ\greemenr Page J of J f "' _on:::- 1m Wantrna" C,.,.," h- I T, If,it, )[.l ~ ... "-- --.. -... -- r I ,.j).. -~' lit Engineering':. Planning (. Surveying':.En vironmen ta/ 2035 VISTA PARKWAY. SUITE 100 WEST PALM BEACH, ::-L 33411 (866) 909-2220 phone (561) 687-1110 fox ! CERT No. 6091 - LB No. 7055 . JACKSONVlLLE - ORLANDO - PORT ST. LUCIE - TAMPA , www.wantmangroup.com ~ f EXHIBIT ~ DESCRIPTION ~ SKETCH URH f PREPARED FOR: IOF3 '~,......n THE CITY OF BOYNTON BEACH, FLORIDA LEGAL DESCRIPTION: Utility Easement A 12.00 foot wide strip of land lying in a poriion ot Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida and being a poriion of the lands described in Official Records Book 32097 at Page 260 through 251 inc!u:;jV€7 of fh8 ,DubUc F?8cords of Palm Bttc:ch County, Florida, and being more particularly described as follows; BEGINNING at the Southeast corner of said described lands, said point being the POINT OF BEGINNING, said point also being on the Westerly right-of-way line of the Seaboard Coast Une Railroad; Thence South 1 r39'52" West along said Westerly right-ot-way line, for 344.80 feet to a point on the North right-or-way fine of the Lake Worih Drainage District Lateral Canal L -29; Thence departing aforesaId Westerly right-at-way line South 88-09'30" Wesf along said Norih right-of-way line, for 12.73 feet, said point being on a line 12.00 feet West ot and parallel with the Southerly extension of the Easterly line of aforesaid described lands and .Westerly right-of-way line of the Seaboard Coast Line Railroad; Thence departing aforesaid North right-of-way line Norih 1 r39'52" East along said paralltsl line, for 1,749.92 feet; Thence departing said parallel line South 72-20'08" East, for 12.00 feet, said point being on aforesaid described lands Easterly line and Westerly right:....of-way line of the Seaboard Coast Line Railroad; Thence South 1 r39'52" West along said Easterly and Westerly line, for 1,400.87 feet to the POINT OF BEGINNING. " Subject to existing easements, rights-of-way, covenants, reservations and restrictions of record, if any. Said lands lying and situate in Palm Beach County, Florida. ~ (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) I " !' SURVEYOR'S NOTES ,. UNLESS rr BEARS THE SIGNArURE AND THE ORIGINAL RAISED 5. WANTMAN GROUP. INC.. CERTIFICATE OF AUTHORlZAnON No. SEAL OF A FLORIDA UCENSED SIlRVEYOR AND IMPPfR EMPLOYED BY 7055, IS ISSUED Br THE FLORIDA DEPARTMENT OF BUSINESS WANTMAN GROUp, INC.. THIS DRAWING, SKETCH. PLAT OR MAP IS FOR AND PROFESSIONAL REGULATION. INFORMATIONAL PURPOSES ONLY AND IS Nor VAUD. ADOmONS OR 0El.ET70NS TO SURVEY IMPS OR REPORTS BY OTHER THAN THE CERTIFICATION: SIGNING PARTY OR PARnES IS PROHI8fTED WITHOUT WRFTTE:N CONSENT OF THE SIGNING PARrY OR PARTIES. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTm BY WANTMAN I HEREBY CfRnFY that the attached Descn'ption and Skdch is troe ~ and co,..,...,ct to the best of my kna",ledge ond belief and that it meets GROUP. INC. FOR E:ASEMEN!S AND RIGHTS-OF-WAr OF RECORD, tM Minimum T"chnicol Slandards set forth by Ihe Flonaa Boord of , J. DATA SHOWN HEREON WAS COMPILED FROM OTHER Professional Surveyors And !Jopp"ro in Chopter 61C17-6, Florida i : INSTRUMENTS AND DOES NOr CONS77Tl.fTE A FIELD SURVEY AS SUCH. Administrotiv" Cade, pursuant to Chopter 472.027 Florida Statutes. 4. BEARINGS BASED ON AN ASSUMED BEARING ALONC THE WESTERLY For The Firm: RIGHT-OF-WAY UNf: OF THE SEABOARD COAST UNE RAILROAD, SAiD Wontman Group, Inc. ; UNE BEARS SOI./TH 7T39'52" WEST AND ALL OTHER BEARINGS . SHOWN HEREON ARE RELATTVE THERao. 0("""// . ,,' . , JJb . ~ Or /<< /1";; DATE: REVISION: BY: BY: I ~~ ,'--; .~.~ DATE: ..----.LL..J.L.i' C I OER!:.X G. ZEMAN, ,,:;- ;~... , 09/04/08 REVISED PER COMMENTS !.iRG I PROFESSIONAL -SURVEYO, ._).:Nf, MAPPER FLORIDA LICENSE !~O. ?~::, ! OFFICE ! M,,,d: ,.;j DATE' .?:!./31/08 I , 'OB A07567.C)' Iv r I J 'f);.t- I DWe ._~- -~ - ':;HECKE[) J~DC.z;,.o:.,.sHE. '&: 1,' OF ..) 66707.Ut 5 jT''I1B.::r;:. Exhibit "B" to Interlocal Agreement Page 2 of 3 IN Wantman Group, 1nc. Engineering +Planning +Surve yrng .En vironmen tal 2035 VlSTA PARKWAY. SUITE 100 WEST PALM BEACH. FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - L8 No. 7055 JACKSONVlllE - ORLANDO - PORT ST. LUCIE - TAMPA VlVlW. wontmongroup.com EXHIB'IT nBu DESCRIPTION ~ SKf:TCH PREPARED FOR: THe CITY OF BOYNTON BEACH, FLORIDA -- - 1\1 () SCALE: 1"' = 120' rQR.~ . .1<0,1' 6t.vos . "'c;; <6'0 P~R '<'6 T.p --- .a.c'R.) '-- ........- (QR.s ~ ........, ___ . J<O,9 1I~ ~ -........__ . "'t; <60 "wos p, / \:) -~ ->.," ~ / '" . . Ps .........-/ . .C::R.) / "t' \:) .----- / g. I - / '" I --'--/- , '" I ......... .c I / ......... V) I / I e' I I ~ I / ...; I I I ~ ~SO% I c~ON .1,Jo' I / ~I s_"" I I :::: c_",J JJ, I ~oo' I '" '" I / -- !!) I I \) I '" I I ., -.J , -- NCW?; I I '" ~ 41O"",,,"/of R./If- " I '" ~l/J\.'''' I / ;; - ,,- '-"~ / / LEGEND: ~ ~-::::--.- ! / ti it sou"", -.:::--- - :--.. ! / O.R.B. = Off{clal Rscords Book &: Y/Jc ~C1l0NlIN" ~ - Z P.B.C.R. = Pr:zlm Bttach County Rttcords III <-4~OR0 ;-"6~Y"J - ~ f.B. = Plat Book ;; ct?q( C ~.r,.y4G, ~.;, ':::- PG. = Pagtt <.J --- _ 41it4~ :c DIS 0.9'- RjW = Rlghl-of-Way W / (-<'9 tRier '<'7jJp')y '" - - ? ~ e 6ATE: - REYfSION: / ~ (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) a Q) L.. c, OFFICE MRG DATE 03/31/08 JOB 407667.01 ~ D CHECKED DGZ SHEET 2 OF J DWG 6670CUE 5 ~ Exhibit "B" to Interlocal Agreement Page 3 of J \ 1m WantmaJl Groun i1""' f Engineering +Planning +Surve ying- +-}n'vir~~~en tal 20.35 VISTA PARKWAY, SUITE 100 WEST PALM BEACH. Fl 33411 (866) 909-2220 phone (561) 687-1110 fax CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wantmangroup.com USH DCSCRIPTION cI: SKETCH EXHIBIT PREPARED FOR: THE CI7Y OF BOYNTON BEACH, FLORIDA / / I / / I / I / 1\1 I I / (>> / '5'.> "". / ;>' -20_ / V?a 00>1'- I v- / / SCALE: 1" = 1 20' /, / , , I) "'<v I " / / f.. / ,/<<:-' / v- I J\'?r (o.~8 / 119' . J<,O.9 6tt\lDs / /' . "'t: <: Pc>,? I 'Il- ~~ "'; ""-.," ~ 1 h . ('.,j '.0 .~c I ~~ ~ ~ <-., .R.) .J" ~ -1. ~O '" / o<J! '0. #. ~1."iJ> #\.i ~o<<:- J' 1~ w Q, I 1'(: i ~4,., OJ / \ ~ "'1 / ~ ~'JO$~ -z v; I , Ic,06 (h / '<'oo.~ ,Cl . I -... ,\J 4' / ((5) ~ LEGEND: / s~ ,:.., / " / 'c, O.R.B. := Official Records Book ~c P.B.C.R.:= Palm Bttach County Records / , " P.8. := Plaf Book / 'S " PC. := Pagtt / -, R/W := Right-of-Way / " / , / " / ~ / I I - r MATCH SEE SHEET 2 " ~: ',,' I DATE: REVISION: BY: (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) .-.._~_.._- OfFICE MRG DATE: 03/31/03 JOB 407657.Dl I CHECKED DGZ ] SHEET J OF J Dwe 66701_UE 5 Exhibit "e" to Interlocal Agreement Page 1 of 17 Prepared by & Return to: Katrina L. Gilbert Palm Beach County Property & Real Estate Management Division 2633 Vista Parkway West Palm Beach. FL 33411-5605 PCN: 08-43-46-05-00-000-30 I 0 08-43 -46-05 -00-000- 3040 TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement") made by and between PALM BEACH COUNTY, a political subdivision of the State of Florida ("County") whose mailing address is 301 North Olive A venue, West Palm Beach, Florida 33401- 4791, and CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, whose mailing address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934 ("Grantee"). RECITALS Whereas, County is the owner of the land described in Exhibit "A" attached hereto (the "County Property"); and Whereas, Grantee has requested that County grant a Temporary Construction Easement to allow Grantee to install a regional force main, remove vegetation, and install a landscape buffer on County's Property. Now, therefore, for and in consideration of the sum of TEN DOLLARS ($10.00) to the County in hand paid by said Grantee, and various other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County does hereby grant to the Grantee, a non-exclusive Temporary Construction Easement upon the real property legally described in Exhibit "B" attached hereto and made a part hereof ("the TCE Easement Premises"). The rights granted pursuant to this Easement shall be limited to the right to utilize the TCE Easement Premises solely to install a regional force main, remove vegetation, and install a landscape buffer (the "Project"). The regional force main shall be installed in the portion of the TCE Easement Premises legally described in Exhibit "c" attached hereto and made a part hereof (the "Utility Easement Premises"). The landscape buffer will be installed west of the Utility Easement Premises. This Easement shall include the right of ingress and egress thereto, over, across, through and upon that parcel of land depicted in Exhibit "D" attached hereto and made a part hereof (the "Access Premises"). The rights granted pursuant to this Easement shall expire and this Easement shall automatically terminate upon the earlier of Grantee's completion of the Project or three hundred sixty-five (365) days after the Effective Date. Notwithstanding such automatic termination, Grantee shall promptly deliver to County a Page 1 of9 Exhibit" (''' to Interlocal ..\greement Page 2 of 1 i Release af Easemem. in ;} furm :;QlisLlCt,l,"\ ,; ( oL:nl\ U;,())1 ,:,lIllj'ielion llt" the Project 1 sa requested by County. 1. Conditions to Right of Usage. Grantee shall obtain fram County and any ather necessary gavernmental entities \\'Titten approval af all plans relating hi canstructian af any impravement within the TCE Easement Premises pnor t \ " cammencement af canstructian thereaf. Approval shall be abtained fram the Director \il the Palm Beach Caunty Department af Parks & Recreatian, lacated at: 2700 6th A venue Sauth, Lake Warth, Flarida 33461-4727: (56]) 966-6600 (telephane); (561) 963-671l) (facsimile). All improvements shall be canstructed at Grantee's sale cast and expense and within the can fines afthe TCE Easement Premises in accardance with the appraved plans and all permits and applicable statutes, rules, regulatians, cades and ardinances. Grantee shall give Caunty ten (10) days written natice prior to. cammencement af canstructian: Grantee shall nat be entitled to. canstruct any improvements within the TCE Easement Premises ather than thase specifically identified herein. Grantee acknawledges and agrees that the use afthe TCE Easement Premises shall be limited to. Manday through Friday during the haurs af 7:00 A.M. through 5:00 P.M Grantee also. acknawledges and agrees that no. canstructian shall take place up an the TCE Easement Premises during any haliday when Caunty affices are clased. 2. Location of Existing Utilities. Prior to. exercising the rights canferred hereunder, Grantee ar any party acting as its agent shall lacate the utility facilities within the TeE Easement Premises and shall canduct and coordinate with all utilities that have facilities within the TeE Easement Premises. 3. Use Limitation. Grantee acknawledges and agrees that the rights granted by this Easement are and shall be strictly limited to. thase specifically granted herein and that Grantee may nat utilize the TeE Easement Premises for any purpase nat specificall: permitted hereby, including, withaut limitatian, staging ar storage af canstruction equipment or materials. 4. Maintenance. Repair. and Restoration. Grantee shall be saleh responsible far and shalL at all times, maintain and repair at its sale cost and expense the TeE Easement Premises and Access Premises and all improvements currently existing or canstructed hereafter therein during the term af this Easement. Grantee shall be soleh respansible far and shall. at its own cast and expense, promptly repair any damage arising aut af Grantee's exercise af the rights granted hereby and restare any impravements or landscaping naw existing ar constructed or installed hereinafter within the TeE Easement Premises to. the canditian it was in priar to. such damage, using materials af like kind and quality. In the event that Grantee fails to. fulfill these abligatians, County may camplete Page 2 of9 Exhibit "e" to lnterlocal Agreement Page 3 of 17 the work and Grantee shall reimburse County for all costs and expenses incurred as a result of such failure. 5. Other Obligations. Grantee agrees to diligently pursue all work performed hereunder to completion and to exercise the rights granted hereunder in a manner that does not unreasonably interfere with and minimizes the impact on the County's use of the County's Property. 6. Personal Property. County shall have no liability or responsibility whatsoever for Grantee's improvements, equipment, personal or other property, nor that of any other person or entity, placed upon or located within the TCE Easement Premises. 7. Prohibition Against Liens. Neither County's nor Grantee's interest in the TCE Easement Premises shall be subject to liens arising from Grantee's or any other person or entity's use of the TCE Easement Premises, or exercise of the rights granted hereunder. Grantee shall promptly cause any lien imposed against the TCE Easement Premises or the County Property to be discharged or bonded off, pursuant to Chapter 255.05 and Chapter 713 of the Florida Statutes. In addition, Grantee shall either require all contractors to furnish a payment and performance bond in accordance with Florida Statutes Section 255.05, naming County as an obligee or, require such contractors to comply with County's Bond Waiver Program as set forth in PPM #CW-F-016 as the same may be amended from time to time, which is hereby incorporated herein by reference. Any required payment or performance bond shall be delivered to County prior to commencement of construction. 8. Insurance. Grantee shall provide, maintain and keep in full force and effect Automobile Liability and General Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury and property damage liability coverage and Workers Compensation covering all employees in accordance with Chapter 440 Florida Statutes. The General Liability policy shall include coverage for the Easement Premises, Operations, Contractual Liability, Independent Contractors Contractual Liability, and Broad Form Property Damage Liability coverages. Except for Workers Compensation, all insurance policies shall name the County as Additional Insured. Such insurance shall be in an insurance company licensed to do business in the State of Florida and approved by the County. A Certificate of Insurance evidencing such insurance coverage shall be provided to County's Property & Real Estate Management Division at the address set forth in Section 16 below prior to the commencement of any work pursuant to this Easement. Such Certificate shall require at least thirty (30) days prior notice of cancellation or adverse material change in coverage. Grantee is responsible for ensuring that any contractor or subcontractor entering the TCE Easement Premises on its behalf has and maintains insurance ceverage at least equal to that required of the Grantee under the provisions of this Paragraph 8. Page 3 of9 Exhibit "e" to Interlocal A.greement Paoe .... of 1 '7 "" In no e,',>nt c,h.,li ,h" l;n~:t' ..i. ;,; :"'.......- ~ .. 'i'ies be considered '\ _. _....." ........H...t.U. ....u'" JU.l1.1l..:) U1 ,:,(tlU 111:'lUI dJILC:: IJU1 L k. L." limiting the liability of Grantee under this Agreement. Furthermore. Grantee shall anu hereby does hold County harmless from any loss or damage incurred or suffered h' County due to Grantee's failure to maintain such insurance, 9. Indemnification. Grantee shall be liable for its O\,;n actions and negligence and, to the extent permitted by la\\'. shall indemnify. defend and hold harmks~ COUNTY against any actions. claims. or damages arising out of Grantee's negligent. willful or intentional acts or omissions in connection with this Easement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes. Section 768.28. nor shall the same be construed to constitutl' agreement by Grantee to indemnify COUNTY for COUNTY's negligent. \\ illfu] u!' intentional acts or omissions. 10. No Dedication. The grant of Easement contained herein is solely for the use and benefit of Grantee. and Grantee' s authorized agents and employees. and is not intended, and shall not be construed as a dedication to the public of any portion of the TCE Easement Premises for public use. 11. Time of Essence. The parties expressly agree that time is of the essence in this Agreement. 12. Matters of Record. Grantee hereby accepts the TCE Easement Premises "As-Is", without warranty or representation and subject to zoning and other govemmentai restrictions, matters reflected on any plat relating to the TeE Easement Premises. and all other easements. restrictions. conditions. encumbrances and other matters of record. 13. Non-Discrimination. The parties agree that no person shall. on the grounds of race, color. sex, national origin, disability. religion. ancestry. marital status. gender identity or expression, or sexual orientation be excluded from the benefits of. or be subjected to. any form of discrimination under am activity c arri ed out bv the performance of this Easement. 14. Construction. The tenus of this Easement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence. clause. or provision hereof be held by a court 01 competent jurisdiction to be invalid. such shall not affect the remaining portions of this Easement and the same shall remain in full force and etTect. Pagc4ofl) Exhibit "e" to Interlocal Agreement Page 5 of 17 15. Entire Understanding. This Easement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Easement. 16. Notices. All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services, or overnight delivery service, or on the date of transmission with confirmed answer back if telecopier or fax if transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or on a non- business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designated the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: County: Property & Real Estate Management Division Attention: Director 2633 Vista Parkway West Palm Beach, Florida 33411-5605 561-233-0217 (telephone) 561-233-0210 (facsimile) With a copy to: Palm Beach County Attorney's Office Attn: Real Estate 301 North Olive Avenue, Suite 601 West Palm Beach, Florida 33401 561-355-2225 (telephone) 561-355-4398 (facsimile) Grantee: Attention: City Manager 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 (561) 742-6010 (telephone) (561) 742-6011 (facsimile) Page 5 of9 Exhibit "C" to Interlocal Agreement Page 6 of I 'i With copy to City of Boynton Beach Attn: Utilities Director 124 East Woolbright Road Boynton Beach, Florida 33435 (561) 742-6404 (telephone) (561) 742-6298 (facsimile) and: City Attorney's Office 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 (561) 742-6053 (telephone) (561) 742-6054 (facsimile) Any party may from time to time change the address to which notice under this Easement shall be given such party. upon three (3) days prior written notice to the other parties. 17. Default. In the event Grantee fails or refuses to perform any term. covenant, or condition of this Easement for which a specific remedy is not set forth in this Easement, County shall, in addition to any other remedies provided at law or I!1 equity, have the right of specific performance thereof. 18 Governing Law & Venue. This Easement shall be governed by. construed and enforced in accordance with the laws of the State of Florida. Venue in anv action. suit or proceeding in connection with this Easement shall be in a state court of competent jurisdiction in Palm Beach County. Florida. 19. Prohibition Against Assignment. This Easement may not be assigned b\ Grantee. Any assignment made by Grantee shall be void and without legal effect. 20. Effective Date of Easement. This Easement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners. and shall become effective only ,,,,hen signed by all parties and approved by the Palm Beach County Board of County Commissioners. Page 6 ofq Exhibit lie" to Interlocal Agreement Page 7 of 17 21. Reservation of Ri2hts. County hereby retains all rights relating to the TCE Easement Premises not specifically conveyed by this Easement including the right to use the Easement Premises and any improvements now existing or constructed hereinafter therein, and the right to grant to third parties additional easements in the TCE Easement Premises or the right to use the improvements therein. REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK Page 7 of9 Exhibit "e" to I nterlocal Agreement Paoe 8 of 1 "i ~ IN WITNESS WHEREOF. tb~' ll'lr1 i,'s h~l\ l' C\':~culcd this .Iemporan l ( ~ - ~ Construction Easement as of the day and year first above written. Signed. sealed. and delivered in the presence of: ATTEST: GRANTEE: CITY OF BOYNTON BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida By: By: ~_.._--_.__.. -._-_._--~---~..~~----------~ . City Clerk . Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney Witness Signature Witness Name Printed Witness Signature Witness Name Printed Page 80f9 Exhibit "C" to Interlocal Agreement Page 9 of 17 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 200_, by , the , of , a (_) who is personally known to me OR (_) who has produced as identification and who ( ) did ( ) did not take a oath. (Notary Seal) Notary Public, State of Florida Type, print or stamp name Commission Number: My Commission Expires: ATTEST: County: SHARON R. BOCK PALM BEACH COUNTY, a CLERK & COMPTROLLER political subdivision of the State of Florida By: By: Deputy Clerk Chair APPROVED AS TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY AND CONDITIONS By: By: Assistant County Attorney Department Director G:\Development\Open Projects\PR-Caloosa Park(Boynton Easement)\Easement-TCE 003 18 app.l 00308.final.doc Page 9 of9 Exhibit "(''' to Interlocal A.gre-ernent Page 10 of I 7 EXHIBIT "A" COUNTY PROPERTY A parcel of land located in Section 5, Township 46 South. Range 43 East and being a part of Government Lot 2 and Government Lot 3 and a portion of the Southeast l/~ of the Northwest l'~ of said Section and more particularly described as follows: Beginning at a point in the Northwest corner of Government Lot 3: thence running along thc' North line of said Section 5, North 8]0 18' 34" East a distance of 934.41 feet to the POINT 01 BEGINNING which point is also the Northeast corner of the property owned by the Scho(1j Board of Palm Beach County and recorded in Official Records Book 2097, page 439: thence South 00 20' 43" East, a distance of 1900 feet more or less to a point: thence South 870 18' 34 West; a distance of 934.41 feet to a point in the Westerly line of the Southeast I~ of the' Northwest I/~ which point is distant 475 feet Southerly more or less from the Northwest corner u/ said Southeast ~ of the Northwest l/~: thence run along the Westerly line of the Southeast l.j (11 the Northwest ~ South 00 20' 43" East, a distance of 700 feet more or less to a point, said point h distant 330 feet more or less North of the Southwest corner of the Southeast l/~ of the North\"vcsi l/~; thence running along the same, North 870 18' 34" East, 1130 feet more or less to a point in the Westerly right-of-way of S.A.L. R.R.: thence Northeasterly along the Westerly right-of-way line of the S.A.L. R.R., a distance of 2800 feet more or less to a point in the North line of Section:', which point is also the Northeast corner of Government Lot 2 lying West of the S.A.L. R.R. right-of-way: thence South 870 18' 34" West along the North line of Government Lot 2 and I\!1 3, a distance of 1100 feet more or less to the POINT OF BEGINNING. Exhibit "e" to Interlocal Agreement Page 11 of 17 I I -~ f' 1m Walltman Groun, 1nc. l .1. ' Engineering +Planning':' Surve ying+En vironmen to! 2035 VISTA PARKWAY. SUITE 100 WEST PALM BEACH, FL 33411 EXHIBIT IIBu (866) 909-2220 phone (561) 687-1110 fax CERT No. 6091 - LB No. 7055 JACKSONVILLE - . ORLANDO - PORT ST. LUCIE - TAMPA www.wantmangroup.com OESCRIPTION ~ SKETCH PREPARED FOR: THE CfTY OF BOYNTON BEACH, FLORIDA LEGAL DESCRIPTION; Temporary Construction Easement A 40.00 foot wide sfrip of land lying in a porlion of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida and being a porlion of the lands described in Official Records Bock 3209, at Paga 250 thro;.;gli 251 jiiclusi;;a. of the Public Records of Palm Beach COjjnty, Florida, and being more parlicularly described as follows: BEGINNING at the Southeast corner of said described lands, said point being the POINT OF BEGINNING, said point also being on the Westerly right-of-way line of the Seaboard Coast line Railroad; Thence South 1r39'52" West along said Westerly right-of-way line, for 344.80 feet to a point on the Norlh right-of-way line of the Lake Worlh Drainage District Lateral Canal L-29; Thence departing aforesaid Westerly right-of-way line South 88.09'30" West along said North right-of-way line, for 42.44 feet, said point being on a line 40.00 feet West of and parallel with the Southerly extension of the Easterly line of aforesaid described lands and Westerly right-of-way line of the Seaboard Coast Line Railroad: Thence departing aforesaid Norlh right-of-way line North 17"39'52" East along said parallel line, for 1,773.84 feet; Thence departing said parallel line South 72.20'08" East, for 40.00 feet, said point being on aforesaid described lands Easterly line and Westerly right-of-way line of the Seaboard Coasf Line Railroad; Thence South 17"39'52" West along said Easterly and Wesferly line, for ',414.87 feet to the O:i g POINT OF BEGINNING. '" ... c Subject to existing easements, rights-of-way, covenants, reservations and restrictions of record, if Cl. '" any. Vi - Said lands lying and situate in Palm Beach County, Florida. tj '" " ." (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) Q ~ , Ii) l.u ;:, SURVEYOR'S NOTES _I <:0 ". IC 1. UNLesS fT BE:ARS THE SIGNATURE AND THE ORIGINAL RAISED 5. WANTUAN GROUP, INC~ CERTIFICATE OF AUTHORIZATION No. "=> --- S[AL OF A FLORIDA LICENSeD SURVITOR AND MAPPE:R EMPLOYE:D BY 7055, IS ISSUE:[) BY THE: FLORIOA DEPAR1UENT OF BUSINESS .!'! " WANTUAN GROUP, INC.. THIS DRAWING. SKETCH, PLAT OR IJAP IS FOR AND PROFESSIONAL REGULATION. en .. INFORMAnONAL PURPOSES ONLY AND IS NOT VAL/D. ADOmONS OR -.J Of1.ETlONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE: --- CERTIFICATION: '" SIGNING PARTY OR PARnES /S PROHIBfTU) WITHOUT WRITTEN ;0 '" CONStNr OF THE SIGN/NG PARTY OR PAlmES. --- <:: 2. lANDS SHOWN HEREON WERE' NOT ABSTRACTED BY WA/'fTMAN I HEREBY CERTIFY that the attached Dt1sr::dplian and Sketch i$ true ~ GROUP. INC. FOR EASEMD{TS AND RIGHTS-OF-WAY OF RECORD, and ~ct fo th.. best o( my knowledge and b..Fittf and that it m....ts '" Ih.. Minimum Tnc.p,';cal Standards stlt forth by tit.. f7arido Boord af '-' rt:: Professional.SlJrVeyor.5 And. Mgppelscin Chapter 6IGI7-6, Florida D J. D4TA SHOWN HEREON WAS COMPILED FROM OTHER Administrative ..podf;.'~pursi1aflfJ!.':J .ChCZj!ter 472.027 Florida Slotutes. "- INSTRUMENTS AND DOES NOT COHSlTTUTE A FlCW SURVEY AS SUCH. CO ~~t7~~:!;~~Ji~~~~~I~~i;~:~:~/~' , .' m 4. 8EARINr;S BASED ON AN ASSUMED BEARING ALONG THE WwTEf?LY :; '-' RIGHT-OF-WAY UNE OF THE SEABOARD COAST UNE RAILROAD, SAID '<< l,J LINE BEARS SOUTH 1r39'52" WEST AND ALL OTHER Bi:ARINGS BY.Jf~!4~/ DATE qftt!~8 ,[Ij SHOWN HCREON ARE RELATTVE THERETO. f: tl DA TE: REV/S/ON: BY: ~. ~ 09/04/08 REVlSED PER COMMENTS DERc..K G: :ZEMt.'fiI,. ..' . .;:" <. "iiJ MRG PROFESSiOifAL SUP,\€(OR ANQM6PPERFLORfDA LICENSE NO. 5655 (1::-.. I I .. 1 JOB I, _r OFFICE MJ!,G' .,,':; PATE> 03/31/08 407667.01 ls CHECKED DGZ SHEEI 1 OF 3 DWG 6670CUf 5-TEM=> l;'7 f, Exhibit "('11 to Interlocal Agreement , ...... . ___ Page 12 of I 7 .......,;;--~~ ..:.::,-, ( , , iN W t ... , l' ' .,~ - . 1\ ; .,., ~ al1 11lal1 C_~J 1 C) L. 1, r ,1 t\~ , r . Engineering+:.Pla17nin9<.Surveyif7q.:.~nvironmef7 fa/ ; HBU 2035 VISTA PARKWAY, SUITt: 100 WEST PALM 8EL,CH. iT .3341' EXHIBIT (856) 909-2220 "hone (561) 587-1110 fo~ CERT No. 5091 - LB No. 7055 J.b,CKSONYlLLE - ORLANDO - PORT ST. LU:::IE - TAMPlI www.wantmongroup.com DESCRIPT10N cl" SKETCH PREPARED FOR; ~ THE CITY OF BOYNTON BEACH. FLORIDA ..... ~ "P' ~ _~ , " MATCH SEE SHEET J - - --;- 77 I / " / I / 1 i / f 1\1 / / / I I 0 / I / \ ^ I / , //\ I / ' SCALE: 1" = 1 20' / !-. ) / If{.c, i / J3,<;v J ~:y I / <<. -'- <J;-O (QR.e / ,f Ifl' I/f'v ~" r7 ~ , ..1<0.9 ~Ds / .J I' J ':/'" ~:'?' . "'t:? ~CR 't' ~'" d~ .:.~ -6'0,<. ~ / J,t$- <!:'. ~ "~ ":\ ~ 01, P / 0 '<::i 'V . -.... 6':c'R) / <( ~'!J' ~{? ci ~\ v~ -- -- ___'. (D.-?'t<, Sour;., "\ / /:'9' '0 \OJ G~\)6 q,rp. ---- . .<,~ '"t' U,ye- L4Iy, l\.. 0' ~. (JV .. . ---- . ____. . <6'0,< Vs "'</i' / \ Or' #, ~~ ~. << · s :J. / \ ., ~ <f -----____.~~ 'c'Ii') / c.,0' &tl~ ').l() ............. / "0 <Q<r;W <p. / .00' &. !\ ~ / -.;.. ~ ., ~4'43:,f" / <? >Jc'Ji? f?J" / / -----~ -------..../ ~~" Sou / ...~., .sc-Cl/o,y 77y .JJo' / 5-4 / 6'_<,.] / / / / .'\foR"", / L.1rc~ ~ / CI~ ~:'\'c -~ '-<.9 / '-"". ..... / LEGEND: ~.:::::::;-.. \ / - '.. \ / a.R.B. = Offlclol Records Book / :!PU17, / - ...:.::.;;> . r "j u};,-{' .." C'17oN .IN.c- ----...:.'-. J' ~ ,o.B. C.P.:= Palm 8<!och County Records /1"0 5::.; NJ1? ., .......::.....- _ _ , , ::?r,y 6..., '/of~ -~ S ,o.B. = Plat Book U};;~ Dr;, J -~ CR-1( ('r:.q.1j;4~- Sa, -- ?G. = Page -~ . --<">04( "'<: 0/0' 8"09:;; l. _____________ R/W = Righi-or-Way ,,~?~,~,__ 'Sl'..?<.,-' O'rJ _ <.. ~Q ...../ -. DATi:: ., REVISION: -............ BY:: 09/04/08 I F?E:V!SE:D PER COMl-AtNTS I MRG I (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ! , ... ___"'n'___' ._ ! ' :FClCE: M,;r DATE 03/3;,/05 ,JOB e.J,-7D:5,--'.Oi ,," I --....--.----- -- CHeCKeD DGZ SHEa - OF -~ I owe; 56701_.:../: 5~~', .....-.-- Exhibit "e" to InterJocal Agreement I Page 13 of 17 I ~ ~ Wanhnan GreliD, lne. Engineering ';'P/onning ~ Surveying ~/En vironmen tal t EXHIBIT UBj~ 2035 VISTA PARKWAY. SUITE laD WEST PALlA BEACH. FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA WWYf. won tm ongroup.com DESCRIPTION ct SKETCH PREPARED FOR: THE CiTY OF BOYNTON BEACH. FLORIDA '""'*-. .- .~. A __...,......~ " / , / / / 1\1 / ~ 0 "0 -?Oa 'oo.i5'~ SCALE: ," = 120' (0. R..9 ~ . .1<'09 G4NOs '" '" . 4;; <6"0 PC'/? ..... '<6"7 '" . "':8 & .c.R.) VJ ..., i5i "" ~ "0 / ~ ,~ / ~ I / It) / ~ LEGEND: / -' / ~ a.R.B. = Official Rf!1Cords Book / '" \0 P.B.C.R. = Palm Bsach County Rrrcords / .-- ~ P.B. = Plat Book / '" tJ> / ., PG. = Peg" -.J .-- R/W = Right-of-Way / ~ / -6 I ~ / ~ r~ / ~?i I - ;,:::, '''- MATCH SEE SHEET 2 ctJ ? "0 ~, ;<q: '''-J co DA TE: REVISION: BY: !~ (NOT A SURVET-IJESCRIPTION AND SKETCH ONLY) .;s , 09/D4/08 REVTSEO PER COMMENTS MRG f: l~ r.:::.-"- I .;; OFFICE MRG OAT[ OJ/.31/08 JOB 407667.01 I - I DWe --:. CHECKE:D DGl SHETT J OF .3 66701_UE 5-T[J,::= ". Exhibit "C'! to InterJocal ,\greement Page 14 of 17 t' -='C!, iN W' '-', .' ~ " "\ (,,~-, ~ .,.~ ; 1"- ~ all. tllt_"1 , '_,_11 t)L ;,) f ,~l. L';". . I Fngineeriflg(.P/ann inq .:. Surve yioq -::-Cn v/'~O!imen tal 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH. "L 33411 H lB." T Be, q (856) 909-2220 phone (561) 687-1110 fox F X I ' ." C!::RT No. 5091 - UJ No. 7055 " ~ ' JACKSONVILLE - ORLANDO - PORi ST, LUCIE _ lAMPI\ ~o <, . www.wontmongroup.com DESCRIPTlON eft SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA ; LEGAL DESCRIPTION: Utility Easement j A 12.00 foot wide strip of land lying in a portion of Section 5, Township 45 South, Range 43 I East. Palm Beach County, Florida and being a portion of the lands described in Officio! Records I Book 3209. at ,DogB 250 through 261 inclusive, of fn:} ,oublle l?oc::;rds af Palm Bsach CO~I:-:fy, Florida. and being more particularly described as follows: ' ! BEGINNING at the Southeast corner of said described lands, said point being the POINT OF ! BEGINNING, said point also being on the Westerly right-of-way line of the Seaboard Coast Line t' Railroad; Thence South 77.39'52" West along said Westerly right-at-way line, for 344.80 feet to a point on the North right-of-way line of the Lake Worlh Drainage District Lateral Canal L-29; : Thence departing aforesaid Westerly right-of-way fine South 88.09'30" West along said North I right-of-way line, for 12.73 fuet, said point being on a line 12.00 feet West of and parallel with , the Southerly extension of the Easterly line of aforesaid described lands and Westerly I right-of-way line of the Seaboard Coast Line Railroad; Thence deparling aforesaid North I right-or-way line North 17"39'52" East along said parallel fine, for 1,749.92 feet; Thence departing said parallel line South 7Z20'08" East, for 12.00 feet, said point being on aforesaid described fonds Easterly line and Westerly right-or-way line of the Seaboard Coast Line Railroad; Thence South 17"39'52" West along said Easterly and Westerly line, for 1,400.87 feet to the POINT OF BEGINNING. Subjecf to existing easements, rights-of-way, covenants, reservations and restrictions of record, if any_ Said lands fying and situate in Palm Beach County, Florida, (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) SURVEYOR'S NOTES ,. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5. WANTMAN GROUP, INC., CEP.T1F1CATE OF AUTHORlZAnON No. SEAl. OF A FLORIDA UCENSED SURVEYOR AND MAPPER DJPLCYED BY 7055. IS ISSUED BY THE FLORJDJt DEPARTMENT OF BUSINE:SS WANTMAN GROUP. INC.. THIS DRAWING, SKETCH. PLAT OR MAP IS FOR AND PROFESSIONAL ReGULATlON, INFORMAnONAL PURPOSE:S ONLY AND IS NOT VAUD. ADDmONS OR DEl.ETIONS TO SURVEY /JAPS OR REPORTS BY OTHER THAN THe SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CERTIFICATION: CONSENT OF THE SIGNING PARTY OR PARnEs. _ I HEREBY CEi?TIF'f that the ott=hed Description and Sketch IS rnJ~ 2. LANDS SHOWN H~REON WERE NOT ABSTRACTED BY WANTMAN and correct to the best of my knowledge and belief and that it meets GROUP, INC. FOR EASEMDVTS AND RIGHTS-OF-WAY OF RECORD. the Minimum Technical Standards $<11 forth by the Aorido Boord of _ C': . _ _ _ Professional Surveyors And Mappers in Chapter 51G17-6. Florida 3. DATA SHOWN HtR_ON WA.> "OMPILED FROM OTHeR Administrative Code pursuant to Chaoter 472.027 Florida Statutes, INSTRUMENTS AND DOES NOT CONSTTl7JTE A FlEW SURYE:Y AS SUCH. ., r or The Firm: 4. BEARINGS BASED ON AN JSSUMED BEARING ALONG THE WESTERLY Wontmon Group in:; RIGHT-Or-WAY UNE OF THE SEABOARD COAST UNE RAILROAD, SAiD ' . UNE BEARS SOUTH r 739'52- WEST AND ALL OTHER BEARINGS "-', /,. SHOWN HEREON ARE RElATiVE THERITO, '-r . /} . /) , I f I.l <' / 1/ I " 0 / ij / ,....,C), DATE:: REVIS/ON: BY: BY: /10 ,,(/'v0--::- ~--'"~- DATE: --L<:...J-.!~' \,,~~ I 1 -I DE:REK G. ZD,{~, {./ . - 09/04/08 i REV:SED PER COMMO.rrS flRG I PROFESSIONA(SURVEYOR fN[" MAPPER .cLDRIDA LICeNSE NO. 5E'o:. I I OFne:: I MF?G ,I OAT.': U3/3'/08 I JOB ';'C7~67;~-- I I' ,~H' "'CK-- , 'Isw:c,,-.,,'r-o;:" '; I ')"'G ;-;-..~, ,,;- " ...... 'l-:.-J L/lJ'L.', .......wJ ,_.. .... t .. n ,l",j' J_ ,,' Exhibit "e" to Interlocal Ao-reement ~ l Page 15 of 17 I -I: ~ Wantman Group, 1nc. .!. . Engineering':+Planning .:.Surveying +En vironmen tal 2035 ViSTA PARKWAY, SUITE 100 WEST PALM BEACH. FL 33411 (866) 909-2220 phone (561) 687-1110 fax EXHIBIT HeU cmT No. 6091 - LB No. 7055 JACKSONViLLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wontmongroup.com DE:SCRIP770N & SKETCH PREPARED FOR: 71fE CrTY OF BOYNTON BEACH, FLORIDA - - 1\1 0 SCALE: 1" = 120' (QR./9 . .J<0.9 ~NDS . "'t; <6'0 ,oCR - -<'(11. p ---- '8.c.!?) ---.. --- '___.. ro.li:e 30% ____ . .J<o,p u~ ~ '---..-____ . "t: <60 ~os p I Cl -~_ v_," "'~ / " --'I'~~~ II ..... Cl ~ ! '- - / V] I ----'-~ "" / / '-'---.. -<:: V] I / I ", I / " I "0 I / ...; .s; SQ ! / ~ ~C17cJ::t ~ . , / ...' SOl "'116"_~J J~ I / Cl '" ~oo' ./ '" \D I I .- .!!! I / '" I <;r. I I '" ..J I .- NOIi'?; I / "" UJ~7T ~ I I ,. "0 ~UNc " ~ - . (~g I I s -~ "J! 1/ LEGEND: '" UJ ~~ I '.,) So -.::--.. I / <t: u;'<;-f: jC&-~LI.1'c ~.i-. J a.R.B. = Official Rscords Book ,2 P.8. C.R. = Palm Beach County Recorci:; Ctl WOR?; s_qc(i~Y" J .::-. ---. P.8. = Plaf Book Q) '-4'cP 1"/ D% ~. PG. = PagB :lo ~t. c :V-4'"' ~-~ '..> '" -. 41y4r LoC D1S 0.9' =-r---- R/W = Rlght-af-Way ...., /' ~ 1.--?.9 1"RIC'r ,<?}Pjy - __ ,l:..! . ~ 'S 6~TE: - REVISION: ~ ( .~. \ (NOT A SURVEY-DESCRIPTION AND Sll'ETCH ONLY) t~ I OFFICE MRG DATE 03/J1/08 JOB 407667.01 f r; I I I CHECKED I DGZ SHEET 2 OF J I DWG 6670LUE: 5 Y' ~-' " Exhibit "( .,f to lnterlocal .\greement Page 16 of I -;- t~ >- ~-'>IIIiI" ~~~ ~ I,VaIltn,,:nl i,.; OU]) l!c Enq/;'7eering <'.Plonning O>Surve yi/79 (.E/7 v/;ranmen tal 2035 V.STA PARKWAY. SUITt: 100 WEST PALM BEA:;H. 'T :53411 (866) 909-2220 phone (561) 687-11'0 fox EXHIBIT Hen CERT No. 6091 - LB No. 7055 ,IACKSONVlLL::: - ORlANDO - PORT ST. LUCIE - TAMPA www.wantmangroup.com DESCRfP710N ~ SKETCH PREPARED FOR: THE CfTY OF BOYNTON BEACH. FLORIDA I I / I " I / I I / 1\1 / / / , '5' 0 I ~ / -' ""0_ / ~a 00>. / V. <!' / / I...... SCALE: 1" = 120' / " , , //) "coo. \ / I.) / v- I Jl ~'? I [o.R.6'~ / "fc,.J" . .]<0.9 011\10S / v / Ie ' "'G' ,or- t' ,,~ , <60._ ~I? 1 J" f' / <'CT ~ / ~ .~, . PS.c ~ I f 'lr .:f ~9 .R.) ~ ..)"' ' <;v~. . \5~ ~ " I <\ ~. <-f 4f(1 ,fv , v> / -0 rJ .;;"" ~ I . -i' fJ ;- ~\ .;..' r. / ,I GC) D '" / T<.OO' ' ..:c: Q 1 - ~ lij :f / <0') \<-..> LEGEND: / ,,'if / . 'c O.R.B. = Officlaf Records Book / - 1'.8. C.R. = Palm Beach County RfJcords / I P.B. = Plat Book I PG. = Page / I R/W == Right-or-Way / I; / ~. / ~ ' I ! : / I - MATCH SEE SHEET 2 DA T~: f?EV!SION: BV' ,. I (NOT A SURVEY-DESCRIPTION A}{D SRTTCH ONIn .. ._- --~_._~- I ____L Of Tier: MRG DATE CJ/.7J/~B IlOa ".~~."., oJ U ........ -L/' ~t;/.:~, ..~ ~~,---------"-'-"-' ---- _. i :;i-!D:;I~:D {Y-' /' SHE: i ~< ~)r 1 JWC ;;C,-.C'1_U[ :' ~JL I ..m_~~.~"~ LXIlIUIl L tU IIlU:IIU\.;i:l.I ,,",";:;1 ~~lln,lu. Page 17 of 1 7 EXHIBIT "D~' - :0 ... :: ~ ~ ~ ~ ~ l . , 8- ~ - , ~ ~ III 8 ~ --:: iIl;l ~ C it: ~ ... ~ " ~ i r " ~ ~ i II. f ,.. 1><. . ... .... ~ >, . '" .;;. ! i ... ~ -< :< Q ~ ~ ..: /" 'a ::i g . :~~ ..~ . . " . '"- ~ pROJECT: aTY OF BOYNTON BEACH TASK~ CALOOSAPARK " '" REG IONAL FORCE MAH'i ACCESS PREMISES EXHIBIT ~ s.. Wantman Group, Inc. C#:) PEC Parial S:d1Ibtt.dwg ~ ... )OS NO +07667.01 ! : DRAVIN JWR --- Engineering "r Surveying ..z. Mopping SHEET: 2' DcS1Gf'i-::D J'flrl. TOT",L SHEETS 1 . 20.:55 ViSTA r>ARK'ftA'f SUITE 1.00 ~ WEST PAU4 BEACH. F'L 334-11 CHECKED DKa j DATE 8/20/20081 1 f (561) 687-2220 phone (561) 587-11HJ ftJx ac DKS I sCALE ,"' - 200' I ct:R'T No. &091 - LE No. 7055 LEGEND: ~iili \ill Access Premises PAGE 1 OF" - - -- ~ --- ~_IC;: )- , ; " "----- --- '" 'c J!l'HotiG;es/o!bIE8\ E$OOIE8\PPE8\: N U'"S.FNKE........[''''''' ]~8..' C A LOOSA PARK PALM BEACH COUNTY ~e\ ('I ],Y OF 1l0YNT( IN BEA.Cr[ PARKS & RECREATION DEPARTMENT RFCi[()NAI 1:( llU'1 \-L\IN PROJECT I;; .)':1 DESIGNED BY T r,RANOWITZ APPROVED BY (~ p' ~/ t--";i"-./T '.; ITI. II I( , \ rI< )]\ DRAWN r,V N nUF:LETTE ~2R' vl':- DATE 1017/2008 8 WILSHER !'..'\tlItHI "U IUINIl'.KLULALAlJKJ<:J<:MI<:Nr PAGE 2 OF" MATCHLlNE B : : ~ \ \1' MATCHUNE -\ ; I I ~ I II \ \ I 01 iii : ,ili\",I' I I n" I ,: II' \: Ii ffl I ',:1 I r I .~ II ' ' , , ;1 I I I II ' :1 i 'I II I JI' l I II I I y /1, :1 ' , ,I I I I' I' I I:! ,.Ill .Ij. I I , III: I ' I [ I :\[1 i I ':' : 11 \l : II I I 'If', I' I : , I \ I i : \,1\ ~ I: ~I: '~I ''] 'I I' I' I . II II : I ~ I :, 'I ' ~ II ! i' I II I ' I I 2 I "I I 'I , 'I ~ ' II' , : i ~: I ':! r/' I III I r~ I o I ,I i' i I 0 I I II , , I I I I ' , ' I I I I" ,I , I : . I 1 I I II I I ' I I . 'I "i I I : 1 " [' · If: I:" ' I I I ~'I El i II / ' I I 'I' , ,I: ' I I 'I I i;~ P Wp I ':/ ' , I I d,Hii~~ '1/ ,I I Ii ; q ~~$ !, I I I '0 ,.' o~, ' 'I ~ f ~ ..0 'I ' I . ~ HP I ' I I ! ~ :i.l ' I' I i I~ : I I I i I ~ ~ I II , I I I ,I m " , I ' II ,I I I : I I' ~I~ l ' I i 1'1 I' . ' I , I :E I I I f.lj "' 'I~ I~ I' i: \ " I I i II c " \ '\ ' I I '"'I~ ~ , II' " I' I' I ' I ... < I~ , \ \ I I ~ I I: \1, \ : : 'I: : ,I I \ I I I [I 1\ I I Ii" \ ' , \ I , : ~I r- -.J I ,I I' " I I ' I , il \ I ' r- 'J' \ ' I , 1 I' I I ,. , \ I I I \ : I I , , I I - - , i ~ 0 ., HlO'CSXRR I I \ I I I(N,tCSXFlR ~ i QCI ~ lI.I E~SHEIH.' I E"'5(1~Nr ,,-C),''' r ' G~Q6= ] I hl:.~roI' I I p.g~ ~ >: " I ' g~~ ~ ~ I I I I U~g'-, ' I I ~~ ~GID I I I ' ,~oo~"""...owo I ' MATCHLlNE B i i I !D CALOOSA PARK PALM BEACH COUNTY IN g? ~~ z CITY OF BOYNTON BEACH PARKS & RECREATION DEPARTMENT ~~ ~ a ~ ~ REGIONAL FORCE MAIN PROJECT .....I.'~ : z :t DESIGNED BY T. GRANOWITZ APPROVED BY: ,.. I ~ <::J _/ IRRIGATION PLAN DRAWN BY N.DUELLETIE "0",0' b DATE: 1017/2008 8. WllSHER PAGE J OF-I ..._~_ - P.Io ;0" MA TCHLlNE B MA TCHlItJE A , ! , II' i(I',':"; 0 ~, : ,;- d'l if<- :~ It )I" )() J"" ; ',e .~ I.~ i I ,,," L~" RI; '!: " e :n nn < !~ "(~ t~:f ?" C".- I',',". ~? "' " . < r 1:: ~. 1 ~ ~i ~, r~. ! 0' n )~. ~ ~ '-~ \',1) ;f ); . ~-, t -- r _ _ ""-"C~~'<R ,."FPM ~ ~ . '''HMEN1 -..r t>,~,"'HH 0' 06 L..~ (;,j~ ~9; ,j;.... -.J -.J o ^lV"S~"""'f '_'MI"Wc; ,",1ATCHlINE B I MATCHl.INE ^ I', CALOOSA PARK PALM BEACH COUNTY w ~ , ~~ ",' ~ ( 'I IY ( )F BOYNTnN BEACH, P~RKS & Rf'CREATION DEPARTMENT '~~;""',"~'\ C1:'i !.c: cz, [,Hil( )I",\l 1'l)rWF i\!I\IN PROJECT I".. ~I.! -1 II / :-:-' s: DESIGNED 81 T GRANQWITZ \ ~ ~ ~ U ! ~ rn '., ~~T)~( ',\PF PLAN DRAWNBI II ~'UFLLEFF. !:Jf<IY' DATE l11i7i20118 SiIEi'. l::l3HS1!M"8 BOOZILJQL :31'1/0 ~'"O) 3ll3113nON 'A8NMV"O SlIV1.30 3dV:::>SONVl ci ~I ~ ^BQa^O~dd'V ZlIMONV~9 l :A903N9JS30 ~ u. :i",' ..~ 1.:::>3JOlId NIVW DlIOd lVNOID31I HJ 0 ~ IN3f'1HJ'o'd30 N0l1'o'3!J:J3!J 'II S>l!J\ld H:::>ViHI NOl.NAOH .10 J....lD i;i ~ I AINnO:J H:J\l38 V'll'o'd )J1IV d VSOO'lV;) D.Wl.H""'~~"'~""'::l .' ~I L ~ ~i~ i,~ ~H B !~~ ;h; -I ~ l i ~ ,~u Ii Ii n Igl ni. ili nil ~i m u~f Ii I j i Ii ii~ In '! .~ ~~ ~!~ "~, ~.; r~ I ~~~ '~ii P n' r .~ .I! or hi!i n M~ m ii~ ~;ii il ~;! Uh II II i~! Ii i~! i~; ~.~~. ~~ ph 1'1'1 'l1i.~ 'I~ ,.~. .~~~.".. .~ ~@! g@~ m It i! ~m I~i, !!~ Ui~ i~ i~U ~i;i . !h If i; h I~ I~~ I~: ~UI In f~ 1m im if!! m~ n U5i lUu U; Ii II i: ~; * dd .~" ~H ~. .1I! ..1. .!a !~g! h d. .u.. a~. .~ .~ .. h ~~~ ~~r~ ~;:- ;:; ;:;;; ~ ~ ;:: ;;;- <i" 2" :: 6 6" g- ~ ! ~ . .~ i "5 ~ , ir~~~ n ~ e ~ 6! ~. '~!.,' ~~ I; ~~ ~~u~ ! il ; il J II n. i fI ! I d II ~~il Un~ !I ~.i !:~ "...~ ~ <'~ ~" . ~ ~~ ffii fif !~o.1! 'f i~i .~~ mh sh!~ ~ i n i~ Ih~ hm ~ h !i~ !Ii I -' ~~ !... r. <~!. !~~u; ~~. <.. 'u. l I!~: : :;; j ~ :;; ; ~ .. ::; en .. , ~~ ~ I ~~ ~ I > ..... ----11' t 110 t 3~Vd 1 ~n HI ';! ,!}l <l\l "1 V'O'l}1';!1 I.IJ 01 ..(1.. IlflllI'1>"';1 . . . . . I~ ~ \~i., 0 ffi 'T\ COUNTY z DEPAATMENT Ie..' 0 . .. ... Prepared by & Return to. Katrina L. Gilbert Palm Beach County Property & Real Estate Management Division 2633 Vista Parkway West Palm Beach. FL 33411-5605 PCN: 08-43-46-05-00-000-3010 08-43 -46-0 5-00-000- 3040 UTILITY EASEMENT THIS UTILITY EASEMENT ("Easement"), made , by PALM BEACH COUNTY, a political subdivision of the State of Florida, whose mailing address is 301 North Olive Avenue, West Palm Beach, Florida 33401- 4705, ("COUNTY"), in favor of the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934, ("CITY"). WITNESSETH: That COUNTY for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed, and does hereby grant, bargain, sell and convey unto CITY, its successors and assigns, upon the conditions hereinafter set forth, a perpetual non- exclusive easement for the construction, operation and maintenance of underground regional force main and appurtenances thereto, to be installed from time to time, or to be altered, improved, or removed therefrom and for the right to cut and keep clear trees, brush or undergrowth therefrom and all other obstructions that might endanger or interfere therewith, over, across, through and upon, under or within that parcel of land located in Palm Beach County, Florida, described on Exhibit "A" attached hereto and made a part hereof as if recited at length (the "Easement Premises") See legal description marked Exhibit" A" attached hereto and made a part hereof together with the right of ingress and egress thereto, over, across, through and upon, under or within that parcel of land located in Palm Beach County, Florida, depicted on Exhibit "B" attached hereto and made a part hereof as if recited at length (the "Access Premises"). Page 1 of2 THE CONDITIONS OF THIS RIGHT OF USAGE ARE SUCH THAT: 1. CITY shall cause the regional force main and its appurtenances to be constructed within the confines of the Easement Premises, J CITY hereby expressly agrees that in the event that CITY. its successors and assigns. shall ever abandon use of the of the Easement Premises or cease to use the Easement Premises for the purposes herein expressed, the easements granted herein shall become null and void. and all the right. title and interest in and to the Easement Premises and Access Premises shall revert to COUNTY, 3. CITY further expressly agrees to maintain in good condition and repair. at its sole cost and expense, its underground regional force main and appurtenances within the Easement Premises at all times during the term hereof. 4. CITY shall be liable for its own actions and negligence and, to the ~ ~ extent permitted by law, shall indemnitY. defend and hold harmless COUNTY against any actions, claims. or damages arising out of CITY's negligence in connection with this Easement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by CITY to indemnify COUNTY for COUNTY's negligent. willful or intentional acts or omissions, 5. The grant of Easement contained herein is solely for the use and benefit of CITY, and CITY's authorized agents and employees, and is not intended, and shall not be construed as a dedication to the public of any portion ofthe Easement Premises or the Access Premises for public use. 6. CITY acknowledges that certain above ground and underground improvements have been constructed by COUNTY and/or FPL within thc Easement Premises and Access Premises. Accordingly, CITY covenants that it will protect all such improvements and any improvements made by COUNTY in the future. including. but not limited to, water mains, irrigation pipes. storm water pipes, sanitary sc\ver pipes. elcctric so,",,,;co 1;",oS tolo....ho"'e l;nes park l,nhtin" pv;sti",o fp!1"ing <>nd pviSlino lrppc anr1 \...1 v J '\..- JIll\... .. l\..tl\,.;V11 11 1 " '\. liE.!1 1~.. '-'i'\..1 Ll11...., '"' 1"" .I.. U ..........J. "-.l.L.lo-, ".I. ""'.......... .&..._ -- - ~ ~ landscaping. 7. CITY hereby accepts the Easement Premises '"As-Is", \vithout warranty or representation and subject to zoning and other governmental restrictions, matters ret1ected on any plat relating to the Easement Premises. and all other easements, restrictions. conditions, encumbrances and other matters of record. Page :2 of 4 8. COUNTY reserves the right to terminate CITY's use of the Access Premises upon ninety (90) days written notice to CITY. 9. The terms of this Easement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Easement and the same shall remain in full force and effect. 10. This Easement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Easement. No amendment shall be effective unless the same is in writing and signed by all parties. 11. By exercise of the rights granted to CITY by this instrument, CITY acknowledges and agrees that the conditions and restrictions imposed herein shall bind and be enforceable against CITY, its successors and assigns to the same extent as if such party had physically executed this instrument. 12. County hereby retains all rights relating to the Easement Premises and Access Premises not specifically conveyed by this Easement including the right to use the Easement Premises and Access Premises and any improvements now existing or constructed hereinafter therein, and the right to grant to third parties additional easements in the Easement Premises and Access Premises or the right to use the improvements therein. , I 13. This Easement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue in any action, suit or proceeding in connection with this Easement shall be in a state court of competent jurisdiction in Palm Beach County, Florida. 14. This Easement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 3 of 4 IN WITNESS WHEREOF. COUNTY has caused these presents to be executed in ib name, by its proper officers thereunto duly authorized. the da:' and year first above written. ATTEST: SHARON R. BOCK PALM BEACH COUNTY, a political CLERK & COMPTROLLER subdivision of the State of Florida Bv: Bv: Deputy Clerk Chair APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By: By: Assistant County Attorney Department Director G.\Development\Open ProJects\PR.Caloosa Park(Boynton Easemcntl\Easemcnt utilityJB app 100208 final.doc Page 4 of 4 EXHIBIT "A" COUNTY PROPERTY A parcel of land located in Section 5, Township 46 South, Range 43 East and being a part of Government Lot 2 and Government Lot 3 and a portion of the Southeast 1/4 of the Northwest 1/4 of said Section and more particularly described as follows: Beginning at a point in the Northwest corner of Government Lot 3; thence running along the North line of said Section 5, North 870 18' 34" East, a distance of 934.41 feet to the POINT OF BEGINNING which point is also the Northeast corner of the property owned by the School Board of Palm Beach County and recorded in Official Records Book 2097, page 439; thence South 00 20' 43" East, a distance of 1900 feet more or less to a point; thence South 870 18' 34" West; a distance of 934.41 feet to a point in the Westerly line of the Southeast I/,; of the Northwest ~'4 which point is distant 475 feet Southerly more or less from the Northwest comer of said Southeast 1;4 of the Northwest 1/,;; thence run along the Westerly line of the Southeast I/,; of the Northwest 1;4 South 0020' 43" East, a distance of 700 feet more or less to a point, said point is distant 330 feet more or less North of the Southwest comer of the Southeast '/4 of the Northwest 'l~; thence running along the same, North 870 ] 8' 34" East, 1130 feet more or less to a point in the Westerly right-of-way of S.A.L. R.R.; thence Northeasterly along the Westerly right-of-way line of the S.A.L. R.R., a distance of 2800 feet more or less to a point in the North line of Section 5, which point is also the Northeast comer of Government Lot 2 lying West of the S.A,L. R.R. right-of-way; thence South 870 18' 34" West along the North line of Government Lot 2 and Lot 3, a distance of 1100 feet more or less to the POINT OF BEGINNING. ~II ,- ;~ Wantn'lan Group, Jnl ~', ~ j,;" Engineering ":.P/onning .:. Surveying .:.E,'7 VI;rO.'7m en lal 2035 VISTA PARKWAY, SUITE 100 ViEST PALM BEACf.', FL 33411 (866) 909-2220 phone (561) 687-1110 fex CERT No. 6091 - LB No. 7055 t' JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMP.6. ~ www.wontmongroup.com EXH' BIT .~ I=<l '.' I DESCRIPTION c:t SKETCH L . ""t. ~~ ,. PREPARED FOR: l,',-" THE CITY OF BOYNTON BEACH, FLORIDA ~ ~ LEGAL DESCRIPTION: Utility Easement A 12.00 foot wide strip of land lying in a portion of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida and being a portion of the lands described in Official Records t:J__L, ~?no ,..-# o,.,..#;) ?I:n "''''..''''_h ?&:1 ;.,.,./"r-:U,ft _" ~!._ D,,~I:,. O-.,.._".,.Iro ,..,-F D,../".." o_,..,,..!. r^",..,~" JJ.......,,, -....""''''''', _, I """':::/... ..c..",,,, III' -"':;1" """"'"' I II'tJ'W~'Fg, VI "'~ , .......,',tJ "~w_I ""'0,,) "', , '-"'1' 6.oI'U__" _"-'WI I';, I Florida, and being more particularly described as follows: BEGINNING at the Southeast corner of said described lands, said point being the POINT OF BEGINNING, said point also being on the Westerly right-of-way line of the Seaboard Coast Line Railroad; Thence South 1 r39'52" West along said Westerly right-of-way line, for 344.80 feet to a point on the North right-of-way line of the Lake Worth Drainage District Lateral Canal L-29; Thence departing aforesaid Westerly right-of-way line South 88'09'30" West along said North right-of-way line, for 12.73 feet, said point being on a line 12.00 feet West of and parallel with the Southerly extension of the Easterly line of aforesaid described lands and Westerly right-of-way line of the Seaboard Coast Line Railroad; Thence departing aforesaid North right-of-way line North 1 r3g'52" East along said parallel line, for 1,749.92 feet; Thence deporting said parallel line South 72'20'08" East, for 12.00 feet, said point being on aforesaid described lands Easterly line and Westerly right-of-way line of the Seaboard Coast Line Railroad; Thence South 1 r39'52" West along said Easterly and Westerly line, for 1,400.87 feet to the POINT OF BEGINNING. Subject to existing easements, rights-of-way, covenants, reservations and restrictions of record, if any. Said lands lying and situate in Palm Beach County, Florida. (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) 1> SURVEYOR'S NOTES ,. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5. WANTMAN GROUP, INC., CERTIFICATE OF AUTHORIZATION No. SEAL OF A FLORIDA LICENSED SURVE:YOR AND MAPPER EMPLOYED BY 7055, IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS WANTMAN GROUP, INC., THIS DRAWING, SKETCH, PLAT OR MAP IS FOR AND PROFESSIONAL REGULATION. INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. ADDmONS OR DELETIONS TO SURVa MAPS OR REPORTS BY OTHER THAN THE CERTIFICATION: SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 2. lANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTMAN I HEREBY CERTIFY that the attached Description and Sketch is true and correct to the best of my knowledge and belief and that it mi!ets GROUP, INC. FOR EASEMENTS AND RIGHTS-OF-WAY OF RECORD, thi! Minimum Technical Standards set forth by the Florida Board of J, DATA SHOWN HEREON WAS COMPILED FROM OTHER Professional Surveyors And Mappers in Chapter 61G17-6, Florida INSTRUMENTS AND DOES NOr CONsrrrUTE A FIELD SURVEY AS SUCH, Administrative Cn';/e, p.;rsuant to Chapter 472.027 Florida Slatutes, 4, 8EARINGS BASED ON AN ASSUMED BEARING ALONG THE WESTERL Y For The Firm: RIGHT-OF-WAY LINE OF THE SEABOARD COAST UNE RAlLRDAD, SAID Wantman Grau,,'; Inc. LINE 8EARS SOUTH lT39'Sr WEST AND ALL OTHER BEARINGS BY.' /Jj~~~_ SHOWN HEREON ARE RELATIVE THERETO, , . DATE: REVISION: BY: o l( C/ I ~...,. (!l DA TE: --L.L.:~-:",-,-,-_ 09/04/08 I DEREK G, ZEMAN, () REVISED PER COMMENTS MRG PROFE5S:0N.I::" SURVEYOR AND MAPPER FLORIDA LICENSE NO, 5555 I OFFICE I MRG i~~~~~')/31/0B I JOB 407567.0: I CHECKED I DC? SHEET 1 OF 3 I owe 66707_UE: 5 I ~C':\.~,T"r ~ .' m Wantman Group I Inc. l' .' cngineering.:.P/onning .:.Surve ying .:.cn vironmen tal ~ 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 I (866) 909-2220 phone (561) 687-1110 fax CERT Nci. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www,wantmangroup.cam DESCRIPTION & SKETCH EXH iBIT 'I" [:~: 1~ PREPARED FOR: THE CITY OF BOYNTON BFACH. FLORIDA MATCH SEE SHEET J I / I i I I I 1\1 / I I 0 I I ^ , /) )"'" I " I SCALE: ," = '20' I ~ I l% I <<Jv' SJ J? '0' ~ I '(, CJ rQR.a I ,f~. &,~ N~ , J<'O,9 G.t4'OS ~ , ~~G q..~ I V/ if . "'c;; <'6'0 ,ocR II- ~q, j ~ -<'6 II &t3"Q..(j' l~ Qj v~~ ~ T. '" I Q.. ~'O. ~ 9 ci q..\ v~. ---- .s. c.~..; ---- $)"" ~~. lO' ---- ____ tQR.,g so0l., I o~ '0' ~ c.,O C)<J ~ . ~ 't-' " ____ . J"<>09 G'Ne- ~' tf ,. <Xi -----, - "'G; <604vos p C) / & u ~ C) ~-~ '26, '" ~ I # ~~ rf '" -----'--,' ~s.c.R...J / Cj ~~ *-<i) ~~ '" C) - ---- / ~~ , ---- lO~v(J ~~. Q f ' ---- / <ll f O~~ ~. V} f '--/-, '" I / ---- #: q,<i) ~ "'" I ---- ~~b "> V} I / f c,~Qq,.<IJ' tJ> I / ~ '" I / ~. 'l) I f / ~ Sc,So0l., f CI/ON 3J"0. I / _I S_~6": I / ~ -~J" J"J, I 100' I \l) \l) I / - ~ I / " I tJ> f I Ib -J f - No)??; f I ", '-'iTc~/'i "0y / / " '" C4~ LINe- I 'i "'~ ''''~ / / LEGEND: ~ ~, I / C5 '..l :::::-- ~ I Ct:: So - .::---, I I a.R.B. = Offfcfaf Records Book .:? 0;/(c ScJ;;.tvL1Nc ~ -~ P.B.C.R. = Palm Beach Counfy Records Cl:J L4 Jro/?/It S-~6~Y~-..-/ - ~ P.B. = Plat Book Cl:J - /Ci Ol?- ::--. - PG. = Page :t: Ii'-4L C ::</11\I-4c, Sa, - ~ ':i ---- ~1\I-4.( C O/S ~O.9' ~ R/W = Rfghf-of-Way .LiJ ---; .(-';>9 IIi'IC/ T<.;>}Piy - __ 'OJ ,:z, - REVfSION: ~ .~. ~ C; (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) 'I en 0_ ;'::J OFFICE MRG DATE 03/37/08 JOB 407667,01 '- 1~ I I SHEET 2 OF 3 ~.- CHECKED DGZ DWG 66707_UE: 5 .; . _.'"'~ . -"-'_._-,~,~". ~ Wantman Group, lnL. .. Engineering+:.P/onning .:.Surveying.:.En vironmen to, 2035 VlSTA PARKWAY. SUITE 100 WEST PALM BEACH, ~',- ':341 (866) 909-2220 phone (561) 687-1110 fa, eERT No. 6091 - LB No. 7055 ~ JACKSONVlLLE - ORLANDO - PORT 5T, LUCIE - TAMFiI , www.wontmangroup,com r DESCRIPnON d:' SKETCH EXH fBIT UBh I PREPARED FOR: THE crrr OF BOYNTON BEACH, FLORIDA / / ~ / / I / / / / / 1\1 / ~ / / / \S' 0 ~. / /' ""0- / '<? Q 0<5>. / v- <f' / / /" SCALE: 1" == 120' / "- , ;/) / ~ " ~Q ",'- / "v' / r:? ~ '9' (C<~B / G.f ~' , .3<'0.9 0tI\lDS / v /' , Pc;; <'6: ,ocR / lY ~Cj 0_<,6'/ / ~ty'" ,p' , ,o$CR I qO'l'O' O{) 'j 0'1- '0 <(' I oi' '0' ~'" ,,0 ~ XV ~' v <l?~ ~Y' I I \? <<:-.:: '00' ~<v I lr!J v~ / J'c, ci ~\ I ~, ~ GO '0'0 / :0 "- / ~ / '];0 LEGEND: / <v'f- / I:) O.R.B. = Official Records Book I P.B.C.R. = Palm Beach County Records / P.B. = Plat Book I PC. = Page I R/W = Rlghf-of-Way / l:- I / / / ~ / , MATCH SEE SHEET 2 ~ i I DATE: REVISION: BY: 1 , (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) I I OFFICE I MRG I DATE 03/31/08 I JOB 407667,01 , I I CHECKED I DGZ i SHEET 3 OF 3 I DWG 66701_Ui: 5 ~:;';';'::'':"':J'-.; Prepared by & Return to: Katrina L. Gilbert Palm Beach County Property & Real Estate Management Division 2633 Vista Parkway West Palm Beach. FL 33411-5605 PCN 08-43-46-05-00-000-30 I 0 08-43-46-05-00-000- 3040 TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement") made by and between PALM BEACH COUNTY, a political subdivision of the State of Florida ("County") whose mailing address is 301 North Olive Avenue, West Palm Beach, Florida 33401- 4791, and CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, whose mailing address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934 ("Grantee"). RECITALS Whereas, County is the owner of the land described in Exhibit "A" attached hereto (the "County Property"); and Whereas, Grantee has requested that County grant a Temporary Construction Easement to allow Grantee to install a regional force main, remove vegetation, and install a landscape buffer on County's Property. Now, therefore, for and in consideration of the sum of TEN DOLLARS ($10.00) to the County in hand paid by said Grantee, and various other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County does hereby grant to the Grantee, a non-exclusive Temporary Construction Easement upon the real property legally described in Exhibit "B" attached hereto and made a part hereof ("the TCE Easement Premises"). The rights granted pursuant to this Easement shall be limited to the right to utilize the TCE Easement Premises solely to install a regional force main, remove vegetation, and install a landscape buffer (the "Project"). The regional force main shall be installed in the portion of the TCE Easement Premises legally described in Exhibit "c" attached hereto and made a part hereof (the "Utility Easement Premises"). The landscape buffer will be installed west of the Utility Easement Premises. This Easement shall include the right of ingress and egress thereto, over, across, through and upon that parcel of land depicted in Exhibit "D" attached hereto and made a part hereof (the "Access Premises"). The rights granted pursuant to this Easement shall expire and this Easement shall automatically terminate upon the earlier of Grantee's completion of the Project or three hundred sixty-five (365) days after the Effective Date. Notwithstanding such automatic termination, Grantee shall promptly deliver to County a Page] of9 Release of Easement in a form satisfactory to County. upon completion (\1' the Projecl so requested by County, 1. Conditions to Right of Usage. Grantee shall obtain from County and am other necessary governmental entities written approval of all plans relating tu construction of any improvement within the TCE Easement Premises pnor 1(') commencement of construction thereof. Approval shall be obtained from the Director u1 the Palm Beach County Department of Parks & Recreation, located at: 2700 6th A venUl: South, Lake Worth, Florida 33461-4727: (561) 966-6600 (telephone); (561) 963-67]l) (facsimile ). All improvements shall be constructed at Grantee's sole cost and expense and within the confines of the TCE Easement Premises in accordance with the approved plans and all permits and applicable statutes, rules, regulations, codes and ordinances. Grantee shall give County ten (10) days written notice prior to commencement of construction: Grantee shall not be entitled to construct any improvements within the TCE Easement Premises other than those specifically identified herein, Grantee acknowledges and agrees that the use of the TCE Easement Premises shall be limited to Monday through Friday during the hours of 7:00 A.M. through 5:00 P.M, Grantee also acknowledges and agrees that no construction shall take place upon the TCE Easement Premises during any holiday when County offices are closed. 2. Location of Existing Utilities. Prior to exercising the rights conferred hereunder, Grantee or any party acting as its agent shall locate the utility facilities within the TCE Easement Premises and shall conduct and coordinate with all utilities that have facilities within the TCE Easement Premises, 3. Use Limitation. Grantee acknowledges and agrees that the rights granted by this Easement are and shall be strictly limited to those specifically granted herein and that Grantee may not utilize the TCE Easement Premises for any purpose not specifically permitted hereby, including, without limitation. staging or storage of construction equipment or materials. 4. Maintenance, Repair, and Restoration. Grantee shall be saleh responsible for and shall. at all times. maintain and repair at its sole cost and expense the TCE Easement Premises and Access Premises and all improvements currently existing or constructed hereafter therein during the term of this Easement. Grantee shall be saleh responsible for and shall, at its own cost and expense. promptly repair any damage arising out of Grantee' s exercise of the rights granted hereby and restore any improvements or landscaping now existing or constructed or installed hereinafter \vithin the TCE Easement Premises to the condition it was in prior to such damage. using materials of like kind and quality. In the event that Grantee fails to fulfill these obligations. County may complete Page 2 afC) the work and Grantee shall reimburse County for all costs and expenses incurred as a result of such failure. 5. Other Oblieations. Grantee agrees to diligently pursue all work performed hereunder to completion and to exercise the rights granted hereunder in a manner that does not unreasonably interfere with and minimizes the impact on the County's use of the County's Property. 6. Personal Propertv. County shall have no liability or responsibility whatsoever for Grantee's improvements, equipment, personal or other property, nor that of any other person or entity, placed upon or located within the TCE Easement Premises. 7. Prohibition Aeainst Liens. Neither County's nor Grantee's interest in the TCE Easement Premises shall be subject to liens arising from Grantee's or any other person or entity's use of the TCE Easement Premises, or exercise of the rights granted hereunder. Grantee shall promptly cause any lien imposed against the TCE Easement Premises or the County Property to be discharged or bonded off, pursuant to Chapter 255.05 and Chapter 713 of the Florida Statutes. In addition, Grantee shall either require all contractors to furnish a payment and performance bond in accordance with Florida Statutes Section 255.05, naming County as an obligee or, require such contractors to comply with County's Bond Waiver Program as set forth in PPM #CW-F-016 as the same may be amended from time to time, which is hereby incorporated herein by reference. Any required payment or performance bond shall be delivered to County prior to commencement of construction. 8. Insurance. Grantee shall provide, maintain and keep in full force and effect Automobile Liability and General Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury and property damage liability coverage and Workers Compensation covering all employees in accordance with Chapter 440 Florida Statutes. The General Liability policy shall include coverage for the Easement Premises, Operations, Contractual Liability, Independent Contractors Contractual Liability, and Broad Form Property Damage Liability coverages. Except for Workers Compensation, all insurance policies shall name the County as Additional Insured. Such insurance shall be in an insurance company licensed to do business in the State of Florida and approved by the County. A Certificate of Insurance evidencing such insurance coverage shall be provided to County's Property & Real Estate Management Division at the address set forth in Section 16 below prior to the commencement of any work pursuant to this Easement. Such Certificate shall require at least thirty (30) days prior notice of cancellation or adverse material change in coverage. Grantee is responsible for ensuring that any contractor or subcontractor entering the TCE Easement Premises on its behalf has and maintains insurance coverage at least equal to that required of the Grantee under the provisions of this Paragraph 8. Page 3 of9 In no event shall the' limits of said insurance policies be considered ,I:' limiting the liability of Grantee under this Agreement. Furthermore, Grantee shall und hereby does hold County harmless from any loss or damage incurred or suffered b\ County due to Grantee's failure to maintain such insurance, 9. Indemnification. Grantee shall be liable for its o\vn actions and negligence and, to the extent permitted by law, shall indemnify, defend and hold harmless COUNTY against any actions, claims. or damages arising out of Grantee' s negligent. willful or intentional acts or omissions in connection with this Easement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Grantee to indemnify COUNTY for COUNTY's negligent. willful en intentional acts or omissions. 10. No Dedication. The grant of Easement contained herein is solely for the use and benefit of Grantee, and Grantee's authorized agents and employees, and is not intended, and shall not be construed as a dedication to the public of any portion of the TCE Easement Premises for public use. 11. Time of Essence. The parties expressly agree that time is of the essence in this Agreement. 12. Matters of Record. Grantee hereby accepts the TCE Easement Premises "As-Is", without warranty or representation and subject to zoning and other governmental restrictions, matters reflected on any plat relating to the TCE Easement Premises. and all other easements. restrictions, conditions, encumbrances and other matters of record. 13. Non-Discrimination, The parties agree that no person shall. on the grounds of race, color, sex, national origin. disability. religion. ancestry. marital status. gender identity or expression, or sexual orientation be excluded from the benefits of or be subjected to. any form of discrimination under any activity carried out by lhl' performance of this Easement. 14. Construction. The terms of this Easement shall not be strictly construed against one party as opposed to the other party based upon who drafted it, In the event that any section, paragraph, sentence. clause. or provision hereof be held by a court uf competent jurisdiction to be invaiid, such shall not affect the remaining portions of thIS Easement and the same shall remain in full force and effect. Page 4 ofG 15. Entire Understandin2:. This Easement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Easement. 16. Notices. All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier services, or overnight delivery service, or on the date of transmission with confirmed answer back if telecopier or fax if transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or on a non- business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designated the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: County: Property & Real Estate Management Division Attention: Director 2633 Vista Parkway West Palm Beach, Florida 33411-5605 561-233-0217 (telephone) 561-233-0210 (facsimile) With a copy to: Palm Beach County Attorney's Office Attn: Real Estate 301 North Olive Avenue, Suite 601 West Palm Beach, Florida 33401 561-355-2225 (telephone) 561-355-4398 (facsimile) Grantee: Attention: City Manager 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 (561) 742-6010 (telephone) (561) 742-6011 (facsimile) Page 5 of9 With copy to City of Boynton Beach Attn: Utilities Director 124 East Woolbright Road Boynton Beach, Florida 33435 (561) 742-6404 (telephone) (561) 742-6298 (facsimile) and: City Attorney's Office 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 (561) 742-6053 (telephone) (561) 742-6054 (facsimile) Any party may from time to time change the address to which notice under this Easement shall be given such party, upon three (3) days prior written notice to the other parties. 17. Default. In the event Grantee fails or refuses to perform any term. covenant, or condition of this Easement for which a specific remedy is not set forth in this Easement, County shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof. 18 Governing Law & Venue. This Easement shall be governed by. construed and enforced in accordance with the lav,'s of the State of Florida. Venue in any action, suit or proceeding in connection with this Easement shall be in a state court of competent jurisdiction in Palm Beach Countv. Florida. . . 19. Prohibition Against Assignment. This Easement may not be assigned h: Grantee. Any assignment made by Grantee shall be void and without legal effect. 20. Effective Date of Easement. This Easement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners. and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners, Page 60f9 21. Reservation of Ri2hts. County hereby retains all rights relating to the TCE Easement Premises not specifically conveyed by this Easement including the right to use the Easement Premises and any improvements now existing or constructed hereinafter therein, and the right to grant to third parties additional easements in the TCE Easement Premises or the right to use the improvements therein. REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK Page 7 of9 IN WITNESS WHEREOF. the parties have executed this empOnlI'\ Construction Easement as of the day and year first above written. Signed, sealed, and delivered in the presence of: ATTEST: GRANTEE: CITY OF BOYNTON BEACH, a Florida municipal corporation organized and existing under the laws of the State of Florida By: By: - ---_..---~--_._-_.._---_._------- -- -~--_.- , City Clerk . Mavor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Citv Attornev .. .' Witness Signature Witness Name Printed Witness Signature Witness Name Printed Page 8 of9 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 200_, by , the , of , a (_) who is personally known to me OR (_) who has produced as identification and who ( ) did ( ) did not take a oath. (Notary Seal) Notary Public, State of Florida Type, print or stamp name Commission Number: My Commission Expires: ATTEST: County: SHARON R. BOCK PALM BEACH COUNTY, a CLERK & COMPTROLLER political subdivision of the State of Florida By: By: Deputy Clerk Chair APPROVED AS TO FORM AND APPROVED AS TO TERMS LEGAL SUFFICIENCY AND CONDITIONS By: By: Assistant County Attorney Department Director G :\Development\Open Projects\PR-Caloosa Park(Boynton Easement)\Easement- TeE 003 18 app.IOO308.final.doc Page 9 of9 EXHIBIT "An COUNTY PROPERTY A parcel of land located in Section 5. Township 46 South. Range 43 East and being a pan 01 Government Lot 2 and Government Lot 3 and a portion of the Southeast 1/4 of the Northwest 1101 said Section and more particularly described as follovv's: Beginning at a point in the Northwest corner of Government Lot 3: thence running along the North line of said Section 5. North 870 18' 34" East. a distance of 934.41 feet to the POINT UJ BEGINNING which point is also the Northeast corner of the property owned by the Schuo! Board of Palm Beach County and recorded in Official Records Book 2097. page 439: thence South 00 20' 43" East, a distance of 1900 feet more or less to a point thence South 870 ] 8' -:;4' \\'est; a distance of 934.4] feet to a point in the Westerly line of the Southeast 1/4 of the Northwest ~.~ which point is distant 475 feet Southerly more or less from the Northwest corner () said Southeast 1/4 of the Northwest 1/'4; thence run along the Westerly line of the Southeast " llj the Northwest 1/4 South 0020' 43" East, a distance of 700 feet more or less to a point, said point I~ distant 330 feet more or less North of the Southwest comer of the Southeast 1/'4 of the Nortlnvesl 1/4; thence running along the same, North 870 ] 8' 34" East, 1] 30 feet more or less to a point in tl1l' Westerly right-of-way of S,A.L. R.R.: thence Northeasterly along the Westerly right-of-way line of the S,A.L. R.R.. a distance of 2800 feet more or less to a point in the North line of Section~' which point is also the Northeast comer of Government Lot :2 lying West of the S,A.L. R,R right-of-way: thence South 870 18' 34" West along the North line of Government Lot 2 and ](,1 3. a distance of 1100 feet more or less 10 the PO IN'r 0 F BEG INNIN G. l\\I En;::::~~~~~:~~~~r:;':;;al 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 EXHIBIT ugu (866) 909-2220 phone (561) 667-1110 TOX CERT No. 6091 - LB No. 7055 JACKSONVILLE -ORLANDO - PORT ST. LUCIE - TAMPA www.wantmangraup.c:om DESCRIPTION & SKETCH PREPARED FOR: THE CfTY OF BOYNTON BEACH, FLORIDA LEGAL DESCRIPTION: Temporary Construction Easement A 40.00 foot wide strip of land lying in a poriion of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida and being a portion of the lands described in Official Records Book 3209, af .Daga 250 through 251 incluslve, of the Public Records of Palm Beach County, Florida, and being more pariicularly described as follows: BEGINNING at the Southeast corner ot said described lands, said point being the POINT OF BEGINNING, said point also being on the Westerly right-of-way line of the Seaboard Coast Una Railroad; Thence South 1 r39'52" West along said Westerly right-of-way line, for 344.80 feet to a point on fhe North right-of-way line of the Lake Worth Drainage District Lateral Canal L-29; Thence departing aforesaid Westerly right-of-way fine South 88"09'30" West along said Norih right-ot-way line. for 42.44 feet, said point being on a fine 40.00 feet West of and parallel with the Southerly extension of the Easterfy line of aforesaid described lands and Westerly right-ot-way line of the Seaboard Coast Line Railroad; Thence departing aforesaid North right-of-way line North 1 r39'52" East along said paraUel fine, for 1,773.84 feet; Thence departing said parallel line South 72-20'08" East, for 40.00 feet, said point being on aforesaid described lands Easterly line and Westerly right-of-way line of the Seaboard Coast line Railroad; Thence South 1 r39'52" West along said Easterly and Wesferly line, far 1,414.87 feet to the co 8 POINT OF BEGINNING. ' '" ~. Subject to existing easements, rights-or-way, covenants, reservations and restrictions of record, if C> CL '" any. V) - Said lands lying and situate in Palm Beach County, Florida. ~ '" !< " (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) Q ~ he: I If} lu :::> SURVEYOR'S NOTES _I <::> 1'-. '<> 1. UNLESS IT 8CARS THE SIGNA TURF: AND THE ORIGINAL RAISED 5. WANTUAN GROUP, INC., CERTlf7r:ATE: OF AI.ITHORIZATlON No. ..., -- SfAL OF A FLORIDA LlCENsm SURVf:YOff AND WlPPF:R F:MPLOYUJ sr 7055, IS ISSUE:D sr mE: FLORIDA D[p'ARTMENT OF BUSINESS .!!1 '" WAJ{TJ.IAN GROUP, INC., THIS DRAWING, SKETCH, PLAT OR MAP IS FOR AND PTroFESSIONAL REGULA71ON. '" .. INFORMA770NAL PURPOSES ONLY AND IS NOT VALID. ADDmONS OR -' DaETJONS TO SU1?Vf:Y MAPS OR REPORTS BY OTHm THAN THJ: -- CERTIFICATION: 0> SIGNING PAR7Y OR PAR77ES IS PROHIBITfI) WfII10ur WRITTEN ., " CONSENT OF THE SIGNING PAmY OR PAFmES. -- '" 2. lANDS SHOWN HEREON WERE NOT ABSTRACTED BY" WANTMAN I HEREBY" CERTIfY that t~ attached Description and Sketeh is froe ~ and correct to t~ best of my knowledge and bttJittf and that it m~ts GROUP, INC. FOR EASF:MD1T5 AND RIGHTS-OF-WAY" OF RECORD, tht! Minimum re<1mical S/undords .Stt.t forth by the Florida Boord of '-' (to J. DATA SHOWN HERroN WAS COMPILED FROM OTHER Professional 'Survt!yat:S 1r!d, Mappefs...in Chapter 67 G17-5, Florida 0 Administ~'vr: "(:oo/.Jr"pu",,oo!#...jJ::> ,ChCj)/Br472.027 Florida statutes, ..... INSTRUMENTS AND DOES NOT CONSTlJ7JT[ A FlaD SURYO' AS SUCH. Q) ~:nt?:~~~~:~f:..:f;~~~~:~:;~~:~/~~" .. . <l:l of. BEARINGS BAScD ON AN ASSUMED BEARING ALONG THE WESTERLY" ~ R1CrrT-OF-WAY UNF: OF THE SEABOARD COAST UHf RAILROAD, SAJD v " LINE BEARS SOL/TH 1739'5Z. WEST AND ALL OTHER BeARINGS l.U BY.' . fJ0lj~ .. ;?" ,Uj SHOWN HEREON ARE RELATTVE THERETO, q!1/~8 [ f' DATE: RruSION: BY: DATE: ( ~ 09/04/08 REVISED PER COMMENTS MRG DEHEK G.". ZD.!I)"/'V, V . .." ;, :S PROFESSiOi{AL SURVEYOR, ANP-M6PPER.JLORIDA LICENSE NO. 5655 ::i I I Mf!.C -'. p'~TE ;., "' OFFICE 03/31/08 JOB 407667,07 t ~ SHEET 1 OF" 3 l-~ .::- CHECKED DG2 DWG 5670T_U[ S-rv.::> (;": --. - - -~.." IN En~~:i~;;~~~;9~'~;:.~~~~~r!}2;;aI , . I 2035 VlSiA PARKWAY, SUITE 100 WEST PALM BEACH, ::"L 33411 ~ X HI B' T, ,t 8, & (856) 909-2220 phone (561) 587-1110 tox "-..,. , ' - CERT No. 6091 - LB No, 7055 ~""""" JACKSONVILLE - ORLANDO - PORT ST, LUC::IE. - TAMPA www.wontmcngroiJp.com DESCRIPTiON 4: SKE:TCH PREPARED i"OR: THE CITY OF BOYNTON BEACH. FLORJDA~, ~ ~ \ MATCH SEE SHEET :5 - - ---; ~7 I..,', / ., / 1 / j I i . I! A/ / I O'V / I / I ^ ! I ~, o /\ "'" I / ' t SCALE: i" ::; '20' / !.. ) f / $0 \ / 5'v'v- # \) " / 0'~'P'.;5 (:}, t ~ " "Q;: I (Q'?s / A., / {,:'(-',ttJ' ,4' ~":.;..rf' y;'"' ~ -><os -r/VOS / v / 4' 'v.1-' <:: . "t: <6: ,oCR / 'i' 'l>Cj # '(o'J' ..:...Iv ~ 0_<6"1. ,0 ~ / Q~(J <f" ~rj v'...i< ':I ." '--.. SC;R) '\ / <( ')'iJ' ~r, 0' ~\ v~ I, "c - &~ ~ ~, ~ ' - ............ (o'I?B, soulH / r!! '?' '::' GO,I)\) ~.. --.. ' "'?n-. Ut\', ,<v '<' .., ' ,,___ vo:; Pc; C' '4'v. \ ~ ,,<:-" '\, ", , --- , '?6"o._.? Vs ,oCR / \ 0'(' .G ~~ l -~- 6"7. ,oS / 0 ~-.. r;{ . , ---, ~ C:R?1/ /, S(,j ~~ it 1> f,,', . -'_ / (y~,$ J:1' : - / ""'0.0.0' ~~ '<i &' 'C I --, y-_ ',,- ~ ()<C:.s~o~' I . / "- '? ~^ fY~....'V ! ,.". ~~ b J ,.. / / __ ~ ~Q~<9' t :,: / ----------___/ 19' I I ~ SOUllt / l:: ClioN ~'Jo' / ! ., .5-"6_<3 / / ~ / / / . 4'Ol?llt / v11cPk t\/If-" / Cl~ L:"'c "::. , ' '.?p / -~_ "--- / LEGEND: -.....'--- \ / :!ou;;' - '.;e'z.: --,_ t / O.R.B, = Official RBcords Book 0:J",C //''(:'1/0,'/';.1;: /V1r~:::: .:.-/. "\ J P,8, C.R. = Palm BBoch County RB;;ords .I A ,DR.?'"", D~-""'6_,..Y""'__,/ - -:.::.:::::.- '_ S' P.B. = Pial Book ~'~ 0 ~ 'c..,?..;{ .~ C4,'Ii,:.q~_ Sa, - _ PG. = Page ,--11;q.c Uc D/e- 0""0,9'>0 (. _______ R/W = Rlghl-of- Way '-, (-.?;~'/?"C.J<-4'v "h-'J ~ __ - - , -------....... 0.4 Tf:: -- REV1SION: B'~~ 09/04/08 I Rf1,~:SED PER COMMENTS I MR:; i (NOT A SURVEY-DESCRIPTION AND SKETCH Oi-,'l..Y) I': , ,----,--- ' . , i Qrne:: M':'G I O/("(E [;3/57/08 JOB 4~7~C:~E!_ I I I I CH-~KLD -~ 1-14::-0' ? 0., ,^ --.... - ,- I . t.v L.-. D'vL ;:).1....._'..... ....... DW\..7 co7C,_:../:'::>- '':'I~,~;..:~ I ~ I mJ En;:::;~1~~~~:~~~~ir~;2~;a' l i uB'~ ; 2035 VISTA PARKWAY, SUI1E 100 WEST PAL.... BEACH. FL 33411 EXHIBIT (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wontmongroup.com DESCRIPnON ct SKETCH PREPARED FOR: THE CfTY OF BOYNTON BEACH, FLORIDA .......... .._ ..u III __.* ~~ .- / / / / / / / / / / / / / I\t / / / 0 / / / / / / SCALE: 1" = 120' A.. / ... //~ "-" / 1:1 q.:' I c,. / ,,'9' (qR.e / I\p' <0 C) . J<,().l7 L4/vos / I~ CO> .Ft' p / ll- 'Ill '" . <6'0 :('R .....- ~<'6', I #rf' (.., <;:) . -':8 / f",. \>~ ~ %- 'c.R.) ~ ;."" Q;.O V) / .! 0' 1:<ti7 ~lv (,r:;. ~ '") 0' "2'f' J' "" ~~ ((;'f V'j #,"''0 ~<y i?~ Vf 0> '" -f'{:J c;- Q;. 1> / ri Q'r" ~ I I;: G O~ ~ ~ ' I / rl I/) / J ~ / -' LEGEND: I / Cj ~ a.R.B. = Official Rtrcords Book / '0 '0 P.B.C.R. = Palm Beach County Records I -- ~ P.B. = Plat Book / tJ '" PC. = PoglI / '" --J -- R/W = Right-or-Way / "" / -G -- / .~ / ~ '.~ / u / ~Ct: - ., C) 'li: MATCH SEE SHEET 2 ~ G *~ CI::l <: DA TE: .=: REVISION: BY: <': , 09/04/08 REYJSED PER COMMENTS MRG (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) t~ I OFFIC[ MRG , DAT[ OJ/31/08 JOB 407667.01 r<~ I f::: CHECKED DGZ SHEET J OF J DWG 66701 UE 5-TEX'" l ~:~ - , ' ~-.,- nTJ Wal1tl~lal1 Grou1-}, II1C. ~ Engineering (.Plan!7ing .:.Surve }in;; .:'En vironmen tal 2035 VISTA PARKWAY, sum: 100 WEST PALM B~ACH, ;-L 33411 X H 18 I T ~~ C H (866) 909-2220 phone (561) 687-11'0 fox r- ' " CERT No, 5091 - U3 No. 7055 r::. . ~,' ,,,,/ JACKSONVILLE - ORLANOO - PORT ST. LUCIE -- TAIJ.PA www.wontmongroup.com DESCRIPTION &: SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA l LEGAL DES.CRIPTION: Utility Easement A 12.00 foot wide strip ot land lying in a portion of Section 5, Township 46 South, Range 43 East, Palm Beach County. Florida and being a portion of the lands described in Official Records Book 3209, at Pegs 250 thrc:..:gh 251 inclusive, of fh3 ,DubUc l?cc:::;,-ds of Pa!rn Bsach CC~~'7fi', Florida, and being more particularly described as follows: ! t BEGINNING at the Southeast corner of said described lands, said point being the POINT or i BEGINNING, said point also being on the Westerly right-of-way line of the Seaboard Coast Line Pc Railroad; Thence South 17"39'52" West along said Westerly right-ot-way line, for 344.80 feet to l o point on the North right-of-way line of the Lake Worth Drainage District Lateral Canal L-29; i Thence deporting aforesaid Westerly righi-of-way fine South 88"09'30" West along said North i right-at-way line, for 12.73 fqet, said point being on a line 12.00 feet West of and parallel with f the Southerly extension ot the Easterly line of aforesaid described lands and Westerly I right-of-way line ot the Seaboard Coast Line Railroad; Thence departing aforesaid North I right-ot-way line North 17"39 '52" East along said parallel line, for 1,749.92 feef; Thence I departing said parallel line South 7Z20'08" East, for 12.00 feet. said point being on aforesaid described lands Easterly line and Westerly right-at-way fine of the Seaboard Coast Line Railroad; . Thence South 1 7"39'52" West along saM Easterly and Westerly line, far 1,400.87 feet to the I POINT OF BEGINNING. I Subject to existing easements, rights-of-way, covenants, reservations and restrictions ot record, if any. Said lands lying and situate in Palm Beach County, Florida. (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) SURVEYOR'S NOTES 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5, WANTMAN GROUP, INC., CERTIF1CATE OF AUTHORlZAnON No, , .. SEAL OF A FtORIDA UCENSED SURVEYOR AND MAPPER EMPLOYeD BY 7055, IS ISSUED BY THE FLORIDA DE:PARTMENr OF BUSINESS .. WANTMAN GROUP. INC., THIS DRAWING, SKETCH. PLAT OR MAP IS FOR AND PROFESSIONAL REGULA170N. INFORI.tA170NAL PURPOSf:S ONLY AND IS NOT vALlO. ADDmONS OR DELETIONS TO SURVIT IMPS OR REPORTS BY OTHER TJ-l,4N THE: "M ~ SIGNING PARTY OR PAR71f:S IS PROHIBITED WfTHOUT Wi?fTTEN C.t:RTIFICATION: I CONSE:NT OF THE SIGNING PARTY OR PARTIES. _ _ i h"E:REBY CER77FY that the att=hed Description and Sketch is '''.Ie ! , 2. LANDS SHOWN HEREON WERE NOT Af3STRACTEIJ BY WANTM4N ond correct to th6 best of my kno...I,,0ge and ~lief and that it mot!t,s GROUP. INC. FOR EASEMENTS AND RIGHTS-OF-WAY OF RECORD, the Minimum Tt!chnical Standards S6t forth by th" Fion'da Boord of " .., _ Pro("ssiona! Su~yOr.i And !.iaPPt!,""S in Chaptr::r 67(;17-6, Fiocido 3. DATA ~HOWN "ERfCON WPS COMPiLED FROM OTHeR Administrativ" Code pun;uant 70 Chopt"r 472.027 Aorido Statutes. INSTRUMElv7S AND DOES NOT CONSTTTUTF A FiEW SURVEY AS SUCH. . ~ r:- Far The Firm: 4, BEARINGS BAS~D ON AN ASSUMeD BEARING N.ONr; mE W::sTERLY Wontmoo Group joc RIGHT-Or-wAY UNE OF THE: SEAB04RD COAST UNf: RAIlROAD, SAiD " . UNE BEARS SOUTH T 739'52" WEST AND N.L OTHER BEARiNGS r- , SHOWN HEREON ARE RELATIVE THERETO. :";y/ . " /7,/i ! / ~ \ P l' /' f/. /. r/ (~ .' ~ ( I .r;C'~ DA TE: REVIS/ON: BY' BY: f',J /~V'~'G::" ~........~ :JJ. 7L: --1._f..J...!~~_ ; _ _ I DER::."K G. ZE~4f'.!, , (/ -.. -. ' 09/04/08 i REV/SED P=R COMM::./I/TS MRC ?ROr~S510'NAL'$URVEYOR j-ND MAPPER =-DF?IDA LiceNSe NO, 5E~: --..----- I OFFICr: I MF?G' ,IDA TF n ~ /3 '/08 I Jn8 .!F "''''.-7'," : -, .I . - - ".' I -", -", . u ' I ~. ,r~~r~ \ ;,.-~ I c-u;:-~:r .--;- -;;:- '" "'''~ -<:-c,'-.- , ....ncl,f\t..J I Ul7~ ';. _ Jrz::;..w _ - v' -' vOu ~~.; J' ':" '.~ I -","' ~! mI En~~l~~~~:~~tir;;;~;a/ 2035 VISTA PARKWAY. SUITE 100 WEST PALM BEACH. FL 33411 (866) 909-2220 phone (561) 687-1110 fax EXHIBIT lieu CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA wwVl.wontmongroup.com DESCRIPTION ct' SKE:TCH PREPARED FOR: THE CrTY OF BOYNTON BEACH, FLORIDA - - 1\1 () SCALE: 1" = 120' rQ-ct? . J<Og 61NDS . "'t: <6'0 ,.ocR - ~.:?6'7. p ~"":\ ---- '8.c.R.) V' ---- <(I' ---.. -__.. (Qke So% ~. '_ ..,t.:?o.s, UN" ~". ~. '___ 0 "t: <~ <-WOS p / I~ Cl .~ -", '" ~- / '" . . PB rye> ... ----. ' .C',-c) / /-----.--.. / 0 ~ " -- '- / VI I -~ '" / / .-.---- .0:: VI I / I ~ I / I "t1 I / ll"i s: s. " / ~ ;:C'77~ JJoo I / ..J 5'-1- I / ~ 6_4!J J,J; J ~Ooo ./ <0 '0 I / .- ~ I / " I <>> I / <0 I ...J NOR J / "" Ui~H R I " ~Ulvc " / 't> ~ - c~ L"::J! / LEGEND: '3 ,.,. ~:::--. / / ..., '" - ::-... j = Official Records Book Q: ~OU7H -~i I '"'j a.R.B. e: L.q.lrc ~cC'l1o.o/".wc Iv. " ,.J (\ P.B. C.R. = Palm Beach COlJnty Records [g Gq~l?l',y ;-~(i:,Y'-./ --~ " P.B. = Pial Book ~ C,o..q/ ~JY. .::--.. PC. = Page '...:> ~ C-4 ~C'c Sae: - - R/W = RIght-of-Way ~ - 1'v-4.( DIS>- .0.9:" ~ -; ,: -29 'RIC'l' ' <. ?~p", - - _ '" ~TE: ~ REVISION: ~ '2 < (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ,r,; ~ OFFICE DATE 03/31/08 JOB 407657.01 I CHECKED DGZ 2 OF .3 I DWG 6670CUE 5 - ~ Wantman Group! 1ne. Engineering~"P/anning ~Surveyiri9 (+En vironmen tal 20.35 V:STA PARKWAY, SUITE: 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fox EXHIBIT HC~i CERT No, 6091 - LB No, 7055 JACKSONVlL~E - ORLANDO - POR1 51, LUCIE - TAMPA www.wantmongroup,com DESCRIPTION cl- SKETCH PREPARED FOR; THE CflY OF BOYNTON BEACH. FLORIDA ~ / I ; I ! " I ~ I I ~ / J I ~ f I ! I I / I 1\1 I ! / "\.l~ ! 0 / , ~ $ / I / -';.:> oQ 'Q <:l'.. / D. ~ / / SCALE: 1" = 120' /" / "- , \ /\ "Qq,. I \ I . II ) . ~ / /.; / V- I if '('9' (QR.e I ,Gf ,<S" . J<op l1;yos / 'V I . Pc;- ,o,("R I 1r 0,'0 l.":'; . <60_<~, ~ / oJ" f' . ":EJ:CR / q ,\'ir \:;'i- , '/ fY '0 "' ~ >\ cf, ~ (",<-' J ~- 12' / ( ~ ~ 1/1 / \ 6~ v~ ." / \ .ff;> 0 ~\ I ~ t ~6 , / 12.00' ~ c;, C1 ~ - fJ ' , / s- in / <<F LEGEND: / -0' / ~ ,. O.R.a. = Official Rocords Book / '- f.B.C.R. = Palm Beach County Rtlcords I P.B. =: Plat Book / PG. = Page / R/W =: Right-of-Way / / / / / / MATCH SEE SHEET 2 DAT~: REViSION: BY: I (NOT A SURVEY-DESCRIPTION AA'D S](ETCH ONLY) - -.--....----.-- I I GiTler: /.leG I DAT~ 03/'37/1:;8 I 4I'-'6E-; :; ~ i I '- IJ:J8 ~ ! -- ------.- .- ~- -~~~- ~------~._---' , ~l--fCCK::D ! [j,';.! r SHEFT Qt" JWG .';t;7C~_(I[ ~ -.-.",.. EXHIBIT "D" - :t ... "" ~ ~ l ~ ~ ':j ~ 011 ~ ~ '" ~ ~ { ... os ~ ~ i r ~ ~ ..: ./ ~ ::i ! '!i PROJECT: TASK~ CALOOSAPARK 'i '" ACCESS PREMISES EXHIBIT ~ ~, Cf.t) pac P or1al E>::h Iblt. UW"g Q '" " DRA'NN J'AR .IC)B NO +07567.01 : :: ..... SHEET: i: DcS1Gtf-::D J'tiR TOT",L $HEFTS i . ~ ':::HECKED OKa DATE 8/20/200e 1 f fex SCALE 1" _ 200' , QC DKB LEGEND: nl:i,;i1Ilj Access Premises VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 August 4, 2008 (Noon) 0 October21,2008 October6,2008 (Noon) o September 2, 2008 August 18,2008 (Noon) 0 November 5, 2008 October 20, 2008 (Noon) o September 18, 2008 September 2,2008 (Noon) [gJ November 18,2008 November 3, 2008 (Noon) o October 7,2008 September 15,2008 (Noon) 0 December 2,2008 November 17,2008 (Noon) o 2 CO .2-f o Announcements/Presentations [gJ City Manager's Report 0 =1-< c-,'C) NA TURE OF 0 Administrative 0 New Business -c (}-rr I'.) r- lle AGENDA ITEM 0 Consent Agenda 0 Legal \,0 q;~ o Code Compliance & Legal Settlements 0 Unfinished Business ::z:.. ~~ :z o Public Hearing 0 'e ~..iE '" ;8.""" '",'.' 0#:'" "It RECOMMENDATION: Motion to authorize and execute by resolution a Tempor"y Construction Easement and a Utility Easement between Santa Lucia Holdings, LLC and the City of Boynton Beach in support of the City's construction of the new regional force main. EXPLANATION: In 2007, the City issued task order U07-20-1 to the Wantman Group, Inc. (WGI) for the new regional force main route selection, detail design, permitting and bidding phases of the project. Once the force main route was identified and confirmed the acquisition of easements, permits and agreements began and the new force main design has now progressed to the 90% stage. Currently, the project is in the permitting phase and permits/agreements have been issued by various agencies. The agreements allow the City to access the pipeline corridor for the construction of the force main and it's components and commits the City to restore the Santa Lucia Holdings, LLC property to it's pre-existing conditions and to maintain the force main and it's components. PROGRAM IMP ACT: The Temporary Construction Easement and the Utility Easement are necessary to allow the City to construct portions of the new regional force main. FISCAL IMP ACT: There are no fees associated with the Temporary Construction Easement and the Utility Easement. The eventual construction contract will be funded from Utilities account #406-5000-590-96-03 SWRl14. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: Although there are alternative force main routes available, the one selected is the most direct and will provide the City with the most cost effective construction option. Therefore, these easements with Santa Lucia Holdings, LLC should be authorized. /' , ( ) ~ ~- .'/"~ -\.- I . /~.. l.- t i. '/' ....'-;7 ~{(J~ , . ~fi Boateng, Kurt Bressner, Director of Utilities City Manager ~ Utilities Department Department Name City Attorney / Finance / Human Resources Attachments xc: fv'peter Mazzella, Deputy Utilities Director ~ Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration Procurement Services PMT File S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC r r 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING 5 EXECUTION OF A PERPETUAL ACCESS EASEMENT 6 AND MAINTENANCE AGREEMENT BETWEEN THE 7 CITY OF BOYNTON BEACH AND SANT A LUCIA 8 HOLDINGS, LLC., IN SUPPORT OF THE CITY'S 9 CONSTRUCTION OF THE NEW REGIONAL FORCE 10 MAIN, AND PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the new 14 regional force main route selection, detail design, permitting and bidding phases of the 15 project; and 16 WHEREAS, the attached agreement with Santa Lucia Holdings, LLC., allows the 17 City to access the pipeline corridor for the construction of the force main and it's components 18 and commits the City to restore the property of Santa Lucia Holdings, LLC., to it's pre- 19 existing conditions and to maintain the force main and it's components; and 20 WHEREAS, the City Commission upon recommendation of staff, deems it 21 appropriate to approve and authorize execution by the Mayor and City Clerk of the Perpetual 22 Access Easement and Maintenance Agreement between the City of Boynton Beach and Santa 23 Lucia Holdings, LLC. 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 ereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does :\CA\RESO\AgreementAAccess Easement-Santa Lucia-RFMdoc 1 i hereby approves and authorizes the Mayor and Cit\ ('krk to c:\ccuk the Perpetual \\"'Ces~; ') : Easement and Maintenance Agreement Between the City of Boynton Beach and Santa UCla ^' Holdings. LLC.. in support of the City's construction of the new regional force main. a eop~ _1 4 of which is attached hereto as Exhibit '"A", 5 Section 3. That this Perpetual Access Easement and Maintenance Agreement wiIl 6 be recorded in the Public Records of Palm Beach County. Florida, 7 Section 4, This Resolution shall become effective immediately upon passage. 8 9 PASSED AND ADOPTED this day of November. 2008. 10 II CITY OF BOYNTON BEACH. FLORIDA 12 13 --,--.-----.--.-...-.'.-----. ----- --~-- - _.--""---"------ 14 Mayor - Jerry Taylor 15 16 17 Vice Mayor - Jose Rodriguez 18 19 20 Commissioner -- Ronald Weiland 21 22 ,^' Commissioner Woodrow L. Hav ~-' 24 25 ----- -------..--- .-..- 26 Commissioner - Marlene Ross 27 28 !A TTEST: 29 30 \ 31 jJanet M. Prainito, CMC ^'I ICity Clerk )~ \ ~ .., -' .1 34 35 36 kCorporate Seal) S'\CA\RESO\AgreementMcccss Easement-Santa l.ucla-KFM d(le This instrument prepared by: David N. Tolces, Esquire Goren, Cherof, Doody & Ezral, P.A. 3099 E, Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 PERPETUAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT made this - day of , 2008, by and between Santa Lucia Holdings, LLC., a Florida limited liability company ("GRANTOR") whose address is 427 S. Market Avenue, Fort Pierce, Florida, Florida, 34982, and the City of Boynton Beach ("CITY"), a Florida municipal corporation, its agents, servants, employees, or contractors, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934; WIT N E SSE T H: WHEREAS, the GRANTOR is the owner of certain parcels of real property located within the City of Boynton Beach, (hereinafter referred to as the "Property"), more particularly described as follows: See Legal Descriptions Attached Hereto as Exhibit "A" and Exhibit "B" WHEREAS, the GRANTOR will grant a Perpetual Access Easement to the CITY in order to permit CITY to install and maintain improvements associated with the City's Regional Force Main within the parcel described in Exhibit "A", in order to improve sanitary sewer utility services within the CITY; and WHEREAS, in addition to the Perpetual Access Easement, the GRANTOR does grant a Temporary construction easement to the CITY in order to permit the CITY to construct the improvements associated with the City's Regional Force Main within the parcel described in Exhibit "B"; and WHEREAS, the City Commission has authorized the expenditure of funds for the CITY to install the improvements upon grantor's property; and, WHEREAS, once installed, the improvements will be maintained by CITY, and, if necessary, further replaced by the CITY; and, WHEREAS, the GRANTOR will agree not to construct anything of a permanent nature over, under and within the Easement; and, Page 1 of4 WHEREAS, the parties hereto have concluded that the l11(!st efficient manner 1I1 whIch i achieve the purposes and goals set forth above would be through the granting uf this Ace,:, Easement to the CITY, together with the right of entry into the Property for the construction ililu maintenance of the improvements. and execution of this Perpetual Access Easement :mu Maintenance Agreement; NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and nolI 00 ($10,00) Dollars and other good and valuable considerations, the receipt. sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follov..y 1. The aforesaid recitals are true and correct and are incorporated herein. 2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual Easement for the installation and maintenance of improvements associated with the City' s Regional Force Main within the portion of the Property legally described and as depicted on Exhibit "A" which is attached hereto and incorporated herein by reference. For purposes of this Agreement, the term maintain may include, at the option of the CITY, the actual installation. maintenance, repair, replacement, and/or removal, of such parts and/or portions of said improvements as are deemed to be necessary by the CITY, and in order to serve and promote the general safety. health and welfare of the citizenry of the CITY. ,., This Easement is a permanent perpetual easement and shall not be changed. j, altered or amended except by an instrument in writing executed by GRANTORS and CITY or their respective successors and assigns. 4. GRANTOR further agrees to sign any applications and documents for any permits which the CITY may be required to submit to any local, state, or federal agency in association with the installation and maintenance of the sanitary sewer lift station and associated improvements. CITY agrees to pay any and all fees associated with obtaining any permits from any local, state. or federal agency for the installation of the improvements. 5. In association with the GRANTOR's grant and conveyance of the Easement. GRANTOR agrees to cooperate with CITY in order to obtain any consents and/or agreements from any person or corporation which holds a mortgage or other property interest in the Property, GRANTORS agree to sign any applications, documents, and/or amendments to this Agreement which are required for the mortgage holder to consent to the GRANTOR's conveyance of this easement to the CITY. CITY agrees to pay any and all fees associated with obtaining any consents from any mortgage holders, or other entity with a property interest in the Property. 6, GRANTOR also hereby grants and conveys to the CITY a temporary construction Easement for ingress and egress over that portion of the Property described in Exhibit "B" for the purpose or purposes constructing the improvements on the Property, GRANTOR acknowledges that this right of ingress and egress includes any and all temporary access to the property as depicted in the construction easement which is attached hereto as Exhibit "B" and incorporated herein by reference, during actual construction and installation of the improvements by CITY. Page 2 of 4 7. CITY shall ensure that all of the GRANTOR's property disturbed and used by CITY pursuant to this Easement is returned to its original condition by CITY as of the date CITY commenced such use, at the CITY's own cost. This includes any landscaping and fencing removed as part of the CITY's installation of the improvements. In addition, the CITY agrees to clear the "scrub brush" located between the Lake Worth Drainage District and CSX Rights-of- Way. 8. Both the Perpetual and Temporary Easements and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of the GRANTOR or CITY, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement, the Property, and all persons claiming by, through and under them. 9. In the event of any litigation in connection with this Agreement, the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. 10. If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. Signed and Sealed the day and year first above written. GRANTOR Signed, sealed and delivered in SANTA LUCIA HOLDINGS, LLC the presence a Florida limited liability company BY: c...r:; - y. U6/ /4. P~e::= 1!!.. Name Member IfUL f\1- (LEN' tJ 6- Sign~ Print Name ~~~~3 U,! tfo-tf-J. tf-~O-'f~O-D Print Name STATE OF FLORIDA COUNTY OF PALM BEACH e foregoing instrument was acknowledged before me this Wh.. day of October, 2008 by ~. , as d)'An~ a member of the Santa Lucia Holdings, LLC a FI rida limited ha ility com any, who is personal y known to me or has produced a Florida Driver's License as identification. ~tUL4~7 N TARYPUBLIC ~y ~\. Noiary Public Stale of Florida !~ . Karen T Riseley Page 3 of 4 \;: ,;: My CommIssion 00554113 or,..Jf Expires 05118/2010 GRANTEE CITY OF BOYNTON BEACH ATTEST: a Florida municipal corporation BY: --- Janet Prainito, City Clerk Jerry Taylor. Mayor ST A TE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of October. 2008 by , as Mayor of City of Boynton Beach, on behalf of the City, who IS personally known to me or has produced a Florida Driver's License as identification, NOT ARY PUBLIC DNT:js H:\1990\900 182.BB\Agreements 2008\Easement Agreement (Santa Lucia Holdings}Final.doc Page 4 of4 lm En~:;;;~~.??~~~f:,;r~:2~;al ~n,brt 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH. FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 l' AU JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wontmongroup.com DESCRIPTION ~ SKETCH PREPARED FOR: THE CiTY OF' BOYNTON BEACH, FLORIDA LEGAL DESCRIPTION: Utility Easement A '2.00 foof wide strip of land lyIng In a portion of Section 5, Township 46 South, Range 4.5 East, Palm Beach Counfy, Florida and being a porlion of the lands described In Official Records Book 18304, at Page 133 through 1.55 inclusIve, of the Public Records of Palm Beach Counfy, Florida, and being more partIcularly described as follows: COMMENCE of the Southeast corner of said described lands, the fol/owing two (2) courses being along the South line of said lands; Thence South 88'09'37" West, for 18.05 feet fa fhe POINT OF BEGINNING; Thence conffnue South 88'09'37- West, for 12.68 feet; Thence departing said South line Norlh 1703'02- East, for 15.41 feet; Thence North 62'38'24" East, for 24.24 feet, said point being on a line 12.00 feet Wesf of and parallel with the Easterly line of said described lands and the Westerly line of the Seaboard Coast Line Railroad; Thence Norlh 1739'52" East along said parallel line, for 803.57 feet, said point being on the Norlh line of said described lands; Thence Norlh 88'09'25" East along said North line, for 12.73 feet, sold point being on aforesaid Easterly line of sold descrIbed lands and Westerly lIne of sold Seaboard Coast Line Railroad: Thence departIng aforesaid North line South 1739'52" West along sold Easterly and Westerly line, for 812.78 feet; Thence departing saId Easterly and Westerly line South 62038'24" West, for 24.17 feet; Thence South 11'03'02" Wesf, for 6.26 feet fa the POINT OF BEGINNING. Subjecf to existIng easements, rights-of-way, covenants, reservatlons and restrictions of record, (f any. ~ Sold lands lying and sffuate in Palm Beach Counfy, FlorIda. 0 C\j '"') ... (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ~ - ~. ~ SURVEYOR"S NOTES "t> '" 1. UNI.ESS " BE"ARS THe SIGNATURE AND THe ORIGINAL RAJSF:D 5. WANT1JAN GROUP, INC.. CEK11f7CATE OF AUTHORIZATION No. ~ I SEAL OF It FLORIDA UCENSED SURVO'OR AND MAPPER EMPLOYED BY 7055, IS ISSUro BY TH~ FLORIDA DrPARTUENT OF BUSINESS R WAfoITJiAN GROUP, INC.. THIS DRAWING, SKETCH, PLAT OR MAP IS FOR AND PROFESSIONAL REGuu.noN. 10 fNFORIIA,T1ONAJ.. PURPOSES ONLY AND IS NOT VALID. ADDIT10NS OR <0 DELETIONS TO SURVEY IrIAPS OR REPORTS BY OTHER THAN THe -- SIGNING PARTY OR PAR17ES IS PROHIBfTro WITHOUT WRJTTE:N CERTIFICATION: ~ "t> CONSENT OF THe SIGNING PARTY OR PARTIES. -- 2. LANDS SHOWN HeREON WBlC NOT ABSTRAC7UJ BY WANT1MN I ~BY comFY the! the ottached Description and Sketch is true ~ ami c~r::t tCl tM best of my knowledge and belief and that It meets GROUP, INC. FOR EASEMCNTS AND RIGHTS-OF-WAY OF RECORD, the llinimll'" Teclvrk:m SttJndarr!. at forth by the FIoridtJ Board of ~ .J. DAlJ4 SHOWN HERroN WAS COMPILED FROM OTHER Prof~ol Sul'\lll)"Ol$ And Mc;ppers in ChtJpter 61GI7-6, Florida e IN57RUMENTS AND DOES NOT CONSTITUTF It FIno SURVEY AS SUCH. Mmlnlstratlw Code, purs!Ktnt to Cht1pter 472.027 f/orida SttJMeSo ll5 4. BEARINGS BASED ON AN ASSWro BEARING ALONG THe WESTERLY For The Firm: - Wantmon Group, Inc. J:: RIGHT-OF-WAY UNe OF THe SEABOARD C06T UNf RAJLROAD, SAID <.> UN~ BEARS SOUTH '7'39'52- WEST AND ALL OTHER BE:ARINGS BY: fJ~ lMm3/31108 ~ SHOWN HEREON ARE RElAnvE: THCRE:rO. ~ D4 TE:: REVISION: e 8Y: ?: Cl DERtK G. ZEMAN, a:: PROFESSIONAL SUO R AND MAPPER FLORID4 UCCNSE NO. 5655 ~ OmCE MRG DATE: 03/29/08 JOB 407667.01 2: <:: CHECKED DGZ SHEET 1 OF 2 DWG 6670LUe 4 ::; nTI Wantman Group, Inc. a1JI Engineering+P/anning +Surveying+En vironmen tal 2035 VISTA PARKWAY. sum: 100 WEST PALM BEACH. Fl 33411 (866) 909-2220 phone (561) 687-1110 fax CERT No. 6091 - L8 No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA i www.wontmangroup.cam ~ t i D~IPTION ct SKETCH j PREPARED FOR: ' THE crrr OF BOYNTON SEACH1 FLORIDA LAKE WORTH DRAINAGE DISTRICT NORTH UNF: ~ '88"09'2S"'E: LATE~~ANA~--=-__~___-, --~-- 12.7J' _____,__ I ~ -------------------- ! /7 I I ~~ I / J:l / /!.. I)' , I ~~ N / I ~~ I ~ 4:' O / I l , q;l! / / I:'" I r;:~ I SCALE: ,.. = 120' 1----- I J... f-. J:! \-110,00' ~ -- !:J I <;:j I &i I '-~ lCS I 1u '" f<JQ;j / ! 4.J I & Q.' I ~ ~ ". <:;) ~s. I >3~ cJ ~ g;. I ~~!<. ~ ~"J I 'l!~ ~ ;:., "<! ~ ~!S ~~ ~i r:{ ci;; ~ I ~q; lit ~Il: kt 0 S .pry ~ ~ is ~ 0 LANDS PER I ~ ~ & $,,,fli.;:j S '" 1) I ~t:IJ' fjcr J...Q:' (O.R.8, 18.304. PC. 133-135. P.{J.C.R, CSt<' ~.~ v,. / r;:~ l & ~ ~ I ~ " / I ~ ~ 'I cJ <r / I ~ ~ LEGEND: / / V) : D.R.B. = OfficIal Records Book ' I ::: P.B.C.R.= Palm Beach County Records / I - P.B. = Plaf Book /' / ~ PG. = Page I - R/W = Rlght-of-Woy I 12,00'-- ~ ~ ~ , II:! J<J - ~. ". ~. I I;;.~ '" "Y^,;;'~ :<: .r;;;j ;.. .f'V-. .Cb ..... .r;;;j1O ~ /1-, .,. .1b'V J.""5~t}~ CS / ~ Iri .""5)1 ioV ~ 1\ f($ ii I... " ~f'V Go) ..... C 50CJTH/UNF: / ~ ~ "POINT OF COMMeNCafENT Li. ~ SOUTHEAST CORNER Ql 'I LANDS PER .s ____--J----- ----- (O.R.8. 18304, ?G. 133-135, P.8.C.R.) ~ ____---------- I , ~ LANDS PER ! 5ss-09'J7-W ) S88'09'37"W 18.05 ct (0, R. B, 13997, PC. 1151-1153/ P,8.C.R.) / 12.68' /' /;' POINT OF 8EGINNING ~ DATE: REVISION: BY: ~ c (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY; Q ~ OffiCE MRG DATE: 03/29/08 JOB 407667.01 ~ CHECKED DGZ SHErr 2 OF 2 DWG 6670LUE 4- iN En~~1~~+~~~~~~r~;';~;OI f:.~h ~b i-t- 2035 VISTA PARKWAY. SUITE 100 WEST PALM BEACH. F1. 33411 \\ 1> t' (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - La No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wantmangroup.cam DESCRIPTION ct SKETCH PREPARED FOR: THE CITY OF' BOYNTON BEACH, FLORIDA LEGAL DESCRIPTION: Temporary Construction Easement A 40.00 foot wide strip of land lying in a poriion of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida and being a porilon of the lands described in Official Records Book 18304, at Page 133 through 135 Inclusive, of the Public Records of Palm Beach County, Florida, and being more particularly described as follows: BEGINNING at the Southeast comer of sold described lands, said point being the POINT OF BEGINNING; Thence South 88009'37" West along the South line of said lands, for 42.44 feet, said point being on a line 40.00 feet West of and parallel with the Easterly line of sold described lands and the Westerly line of the Seaboard Coast Line Railroad,' Thence North 1r39'52" East along sold parallel line, for 830. 11 feet, said point being on the Norih /lne of said described lands: Thence departing said parallel I1ne North 88.09'25" East along said North line, for 42.44 feet, sold point being on aforesaid Easterly line of said described lands and Westerly line of sold Seaboard Coasf Line Railroad; Thence departing aforesaid North line South 1 r39'S2" West along said Easterly and Westerly line. for 830. 11 feet to the POINT OF BEGINNING. Subject to existing easements, rights-of-way, covenants. reservations and restrictions of record. if any. Said lands lying and situate in Palm Beach County, Florida. ~ c '" - ,.., '- ~ - (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ~ 0. ~ "t> ~ ~ "" SURVEYOR'S NOTES 1 'fo 1. UNLESS IT BE"ARS THE SIGNATURE AND THE ORIGINAL RAJSED 5. WANTMAN GROUP. INC.. CEJmF1CATF: OF AlITHORlZATlON No. ~ .J Sf:AL OF A FLORIDA UCDiSED SURVEYOR AND MAPPER EMPLOYED BY 7055. IS ISSUED fJY THE FLORIDA DuwmtENT OF BUSINESS ~ WANTJ/AN GROUP, INC.. THIS DRAWINa, SKETCH, PLItT OR JJAP IS FOR AND PROFFSSJONAL Rrouu,T10N. '<> INFORAIATIONAL PURPOSES ONLY AND IS NOT VALID. ADOmONS OR '<> DELETIONS TO SURVEY IMPS OR REPOIrTS BY OTHER THAN THF -- CERTIFICATION: ~ SIGNING PARTY OR PAIfflES IS PROHIBITED WITHOUT WRmrN "t> CONSENT OF TH~ SIGNING PARTY OR PAIfflE:S. -- ~ 2. lANDS SHOWN HEREON WERE NOT ABSTRACTaJ BY WANTMAN I HEREfJY CEKT1FY that the attar:hed Description ond Sketch is true ~ and correr:t fa t~ Otist ':1-f my knowledge and belief and that it meets GROUP. INe. FOR EASEMENTS AND RIGHTS-OF-W~Y OF RECORD. the W,.;Jmum T tlchnh:11 St,"'dards set forth by the Florido Board of Ll Cl:: .J. Ll4r4 SHOWN HEREON WAS COMPILED FROJJ OTHER PfTJfusionaf S~ AtId ~pp~ in Chapter 67G77-6. Florida 6: INSTRUMENTS AND DOES NOT CONST1TUTF A FInD SURVEY AS SUCH. AdrrJn;si~JtJvil Ccae. pursuant it' Chapt.r 472.027 Florido Statutes. III 4. SE:ARlNGS BASED ON AN ASSUMED SCARING ALONG THE wesTERLY For The FTm;: % RIGHT-OF-WAY UNF OF THe SEABOARD CQ4ST UNe RAILROAD. SAID W..ntman GfTJ~P. Inc. ~ LINE SEARS SOUTH 77:J9'52- WEST AND ALL OTHER BCARINGS SHOWN HEREON ARE RElATIVE: THERETO. BY: rs~ ~ ~ 3131108 e OATr: REVISION: BY: DA Tr: ~ . @ DEREK G. ZEMAN. PROFESSIONAL SURVFYOR AND MAPPER FLORIDA UCENSE NO. 5655 ~ OmCE MRG DATE 03/29/08 JOB 407667.07 ~ <: CHECKED DGZ SHEET 1 OF 2 OWG 6670LUE 4--TEMP $, 1m En~:;;1~~+~~~~~~r~:2~;O! ~ ,$.: ~i " I 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, Fl 33411 (866) 909-2220 phone (561) 687-1110 fax CERT No. 6091 - LB No. 7055 ~ JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMP A ! www.wantmongroup.com DESCRIPTION ~ SKETCH PREPARED FOR: THe CITY OF BOYNTON BCACH, FLORIDA LAKE WORTH DRAINAGE DISTRICT N88'09'2S-E LA TERAL CANAL L -29 42.44' _-----------------------------------7 / N Q SCALE: 1" = 120' t; f ~ c::l ~ <ti ~ a ~ "':! a kP ~ "< I 1-<1 ...., ;;Qj ~S ... ~ (O.R.B. 78304, PG. I ~ t;~ ~ c, / kt ~!::l Vo " c::l LEGEND: / ~ C3 "- / / ~ i "to a.R.B. = Official Records Book / ~ ~ P.B.C.R. = Palm Beach County Records / / Q5 8 ~ I P.B. = Plaf Book , .., / / PG. = Page / ~ R/W = Rlght-af-Way / / ~ "~ / / '<: " , / c, / ~ / "1:l / / 4(},OO'-- "i ::;\ / G5 / / u Q: SOI./TH jUNr --....... / POINT OF BEGINNING &~ SOUTHEAST" CORNER co , ~I lANDS PER :s --1 ----- (O.R.B. 18~04, PG. 133-135, P.B.C.R.) G ____------------- I ----- i:5 - LANDS PER / ks-09'J7"W co (O.R.B, 73997. PC. 7751-1153/ P.B,C.R.) / 42.44' <: 2 DATE: REV/SION: BY: s: a (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) co L.. c: OmCE /.IRG DATE 03/29/08 JOB 407657.01 i::: C SHEET 2 OF 2 --- CHECKED DGZ DWG 66701_UE 4-TEMP '-:. VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 August 4,2008 (Noon) o October 21,2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) n o September 18, 2008 [gJ November 18,2008 '=' !}-t September 2,2008 (Noon) November 3,2008 (Noon)co ===i-< 0 -<G o October 7, 2008 o December 2, 2008 ("") n" September 15,2008 (Noon) November 17,2008 (Noor+t c..> reo '''''''0 CJ ::JJ-< :I=Ja ~% 0 Announcements/Presentations [gJ City Manager's Report U)-i :z: 00 NATURE OF 0 Administrative 0 New Business '!? ""T'l% AGENDA ITEM 0 Consent Agenda 0 Legal - ~, -.t 0>- 0 0 Unfinished Business 1"11~ Code Compliance & Legal Settlements :x: 0 Public Hearing 0 RECOMMENDATION: Motion to authorize and execute by resolution a Temporary Construction Easement and a Utility Easement between Bethesda Healthcare System, Inc. and the City of Boynton Beach in support of the City's construction of the new regional force main. EXPLANATION: In 2007, the City issued task order U07-20-1 to the Wantman Group, Inc. (WGI) for the new regional force main route selection, detail design, permitting and bidding phases of the project. Once the force main route was identified and confirmed the acquisition of easements, permits and agreements began and the new force main design has now progressed to the 90% stage. Currently, the project is in the permitting phase and permits/agreements have been issued by various agencies. The agreements allow the City to access the pipeline corridor for the construction of the force main and it's components and commits the City to restore the Bethesda Healthcare Systems property to it's pre-existing conditions and to maintain the force main and it's components. PROGRAM IMPACT: The Temporary Construction Easement and the Utility Easement are necessary to allow the City to construct portions of the new regional force main. FISCAL IMP ACT: The City has agreed to pay attorney fees (approx. $2,000.00) to Bethesda Healthcare Systems for the Temporary Construction Easement and the Utility Easement. The attorney fees and the eventual construction contract will be funded from Utilities account #406- 5000-590-96-03 SWRl14. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: Although there are alternative force main routes available, the one selected is the most direct and will provide the City with the most cost effective construction option. Therefore, these easements with Bethesda Healthcare System, Inc. should be authorized. \!~-~~::S---~ ) ,,~... '} ~~(J)~ Kofi Boateng, Kurt Bressner, Director of Utilities City Manager cA/Wf-- Utilities Department Department Name City Attorney / Finance / Human Resources Attap;ents xc: Peter Mazzella, Deputy Utilities Director ~ Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration Procurement Services PMT File S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC r' I i 1 RESOLUTION NO. R08- I I 2 I 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING 5 EXECUTION OF A PERPETUAL ACCESS EASEMENT 6 AND MAINTENANCE AGREEMENT BETWEEN THE 7 CITY OF BOYNTON BEACH AND BETHESDA 8 HEAL THCARE SYSTEM, INC., IN SUPPORT OF THE 9 CITY'S CONSTRUCTION OF THE NEW REGIONAL 10 FORCE MAIN, AND PROVIDING FOR AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the new 15 regional force main route selection, detail design, permitting and bidding phases of the 16 project; and 17 WHEREAS, the attached agreement with Bethesda Healthcare System, Inc., allows 18 the City to access the pipeline corridor for the construction of the force main and it's 19 components and commits the City to restore the property of Bethesda Healthcare System, Inc., 20 to it's pre-existing conditions and to maintain the force main and it's components; and 21 WHEREAS, the City Commission upon recommendation of staff, deems it 22 appropriate to approve and authorize execution by the Mayor and City Clerk of the Perpetual 23 Access Easement and Maintenance Agreement between the City of Boynton Beach and 24 Bethesda Healthcare System, Inc. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 eing true and correct and are hereby made a specific part of this Resolution upon adoption 29 :\CA \RESO\AgreementMccess Easement -Bethesda -RFM. doc 1 Section 2. The City Commission of the City of Bo)'nton Beach. Flonda dues "") hereby approves and authorizes the Mayor and City Clerk to execute the Perpetual \ccess 3 I Easement and Maintenance Agreement Between the City of Bovnton Beach and Bethesda I . . 4 II Healthcare System, Inc,. in support of the City's construction of the new regional force main. 5 a copy of which is attached hereto as Exhibit ...1\.... 6 Section 3, That this Perpetual Access Easement and Maintenance Agreement will 7 be recorded in the Public Records of Palm Beach County, Florida, 8 Section 4. This Resolution shall become effective immediately upon passage 9 10 PASSED AND ADOPTED this day of November. 2008, ] 1 12 CITY OF BOYNTON BEACH. FLORIDA ]3 14 --_._~--- no.. __________ 15 Mayor -- Jerry Taylor 16 17 ._---~~~._-------- ] 8 Vice Mayor - Jose Rodriguez 19 20 ~-~-~----- ~~_._------- 21 I Commissioner- Ronald Weiland 22 .-.,,, ..:. ,) --"- -- 24 Commissioner" Woodrow L. Hay 25 26 --. -~--~---~-, ------~-_.- 27 Commissioner - Marlene Ross 28 29 ATTEST: 30 31 """) anet M, Prainito, CMC .:l", "" ity Clerk " " 34 3) I 36 I 37 rcorporate Seal) I I r ,CA U<ESOIAg",ru,""IA",,, ",,,ru,", .8o<h';",.R F M "'" i i I I I, " CITY OF BOYNTON BEACH City Attorney's Office Memorandum. TO: Paul Fleming, Senior Project Manager CC: Kurt Bressner, City Manager Lynn Swanson, Paralegal . Janet Prainito, City Clerk FROM: David N. Tolces, Assistant City Attome~ DATE: September 29,2008 RE: City of Boynton Beach ("City") / Regional Force Main Project- Bethesda Healthcare SystemlEasement Atfacheo is a copy of the executed Perpetual'- "Access Easement and Maintenance Agreement with respect to the above referenced matter. Please forward the easement and exhibits to the City Commission for their consideration and approval. The City Attorney's office will forward the ORlGlNAL to the City Clerk for execution after approval. Once the document is fully signed we will record the Agreement in the Public Records of Palm Beach County. Thank you for your assistance. Should you have any questions, please do not hesitate to contact our office. Enclosure( s) DNT:lfm H:\1990\900182.BB\MEMO 2008\Fleming (Bethesda HeathClll'C System, Inc.) 9.26,08.doc , I J This-instrwnent-prepared-by: ,- -----, David N. Tolces, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 PERPETUAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT TIllS ACCESS EASEMENT AND MAINTENANCE AGREEMENT made this day of , 2008, by and betWeen Bethesda Healthcare System, Inc., a Florida non- profit corporation ("GRANTOR") whose address is 2815 South Seacrest Boulevard, Boynton Beach, Palm Beach County, Florida, 33435, and the City of Boynton Beach ("CITY"), a Florida municipal corporation, its agents, servants, employees, or contractors, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934; WIT N E SSE T H: ._ . -= _-:0" - "'"'~ WHEREAS, the GRANTOR is the owner of certain parcels of real property located within the City of Boynton Beach, (hereinafter referred to as the "Property"), more particularly described as follows: See Legal Descriptions Attached Hereto as Exhibit "A" and Exhibit "B" WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit CITY to install and maintain improvements associated with the City's Regional Force Main within the parcel described in Exhibit "A", in order to improve s~tary sewer utility services within the CITY; and WHEREAS, the GRANTOR will grant a temporary construction easement to the CITY in order to permit the CITY to construct the improvements associated with the City's Regional Force Main within the parcel described in Exhibit "B"; and WHEREAS, the City Commission has authorized the expenditure of funds for the CITY to install the improvements upon grantor's property; and, WHEREAS, once installed, the improvements will be maintained by CITY, and, if necessary, further replaced by the CITY; and, WHEREAS, the GRANTOR will agree not to construct anything of a permanent nature within the Easement; and, WHEREAS, the parties hereto have concluded that the most .efficient manner in which to achieve the pu..."'"Poses and goals set forth above would be t.1rrough the granting of this Access Page 1 of 4 Easement to the CITY, together with the right of entry into the Property for the construction and maintenance of the improvements, and execution of this Perpetual Access Easement and Maintenance Agreement; NOW, TBEREFORJ1\ in COnSinel"Ation of the rnlltllal pTOmiRes contained herein and Ten and no/100 ($10.00) Dollars and other good and valuable 'considerations, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. The aforesaid recitals are true and correct and are incorporated herein. 2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual Easement for the installation and maintenance of improvements associated with the City's Regional Force Main within the portion of the Property legally described and as depicted on Exhibit" A" which is attached hereto and incorporated herein by reference. For purp,oses of this . I Agreement, the term mainWn may include, at the option of the CITY, the actual installation, , maintenance, repair, replacement, and/or removal, of such parts and/or portions of said ! improvements as are deemed to be necessary by the CITY, and in order to serye and promote the , general safety, health and welfare of the citizenry of the CITY. , : This Basement is a permanent perpetual easement and shall not be changed, I 3. , I - altered or amended except by an instrument in writing eXectlted by GRANTORS and GrTY er their respective successors 8?-d assigns. 4. CITY agrees to pay GRANTOR the sum of $2,000.00 in consideration of granting the easements. Payment shall be made to GRANTOR at the time the executed is provided to CITY receipt of the executed easements. 5. GRANTOR further agrees to sign any applications and documents for any permits which the CITY may be required to submit to any local, state, or federal agency in association with the installation and maintenance of the sanitary sewer lift station and associated improvements. CITY agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the installation of the improvements. 6. In association with the GRANTOR's grant and conveyance of the Basement, GRANTOR agrees to cooperate with CITY in order to obtain any conse:t;lts andlor agreements from any person or corporation which holds a mortgage or other property interest in the Property. GRANTORS agree to sign. any applications, documents, andlor amendments to this Agreement which are required for the mortgage holder to consent to the GRANTOR's conveyance of this easement to the CITY. CITY agrees to pay any and all fees associated with obtaining any consents from any mortgage holders, or other entity with a property interest in the Property. 7. GRANTOR also hereby grants and conveys to the CITY a temporary Easement for ingress and egress over that portion of the Property described in Exhibit "B" for the purpose or purposes constructing the improvements on the Property. GRANTOR acknowledges that this right of ingress and egress includes any and all temporary access to the property as depicted in the construction easement which is attached hereto as Exhibit "B". and incorporated herein by reference, during actual construction and installation of the improvements by CITY. The Page 2 of4 . -.- .-- "-'.' - .. - .- . . .... -_. ......... .. temporary easement shall be released no later than June 30, 2010, unless extended by mutual agreement. 8. CITY shall ensure that all of the GRANTOR1s property disturbed and used by CITY pllTl':mmt to thi~ RAl':ement il': retnmecl to itq OTiVnA 1 conditinn by CITY as of the date CITY -'---.- commenced such use, at the CITY's own cost. This includes any landscaping and fencing removed as part of the CITY's installation of the improvements. 9. Grantor agrees that should the Grantor construct any structures within the Easement, that the Grantor shall bear the cost and expense of removal of such structures in the event they must be removed due to the City's maintenance or construction activities within the Easement. 10. This Easement and all. conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of the GRANTOR or CITY, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement, the Property, and all persons claiming by, through and under them. 11. In the event of any litigation in connection with this Agreement, the prevailing - .~ party shall be entitled to recover GOurt costs"and reasonableattomey's fees. -~ 12. If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. Signed and Sealed the day and year first above written. GRANTOR BETHESDA HEALTHCARE SYSTEM, ATTEST: INC., a Florida non""profit corporation BY: xI~~ BY: RCBfJ11 B. (h/..L. I PIlt!f"//JfP/ ,/ , ~ Print Name /IiIJ N uta.;} p.Jd.A"r!., Title i I?Jur 6. It Signature Q) _wsrs (SEAL) i*l It! MY COMMISSION' DD 754491 . \ : = EXPIRES: FebllJBlY 3, 2012 . I Ilonded Thill Nalary P\lIIIO UndorMtIIn Page 3 of4 STATE OF FLORIDA ) ) ss COUNTY OF PALM BEACH ) BEFOR.E ME, 1'111 Offi~P:T only AntnnTI'7.en hy law to admin,iffr oaths and take acknowledgmentS, personally appeared Rbbe.rT"' 13, +ti t as WtSid-l-Vl+ of BETHESDA HEALTHCARE SYSTEM, INC., who is personally known to me or who has produced - as identification, and acknowledged executing the foregoing Agreement as the proper official of BETHESDA HEAL mCARE SYSTEM, INC. for the use and purposes mentioned therein and that the instrument is the act and deed OfprnHlJ,f /leAtJJl~ ,H'.Jn.I'./vc. , IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and .. wL 'day of &ep-rt'..J~[,..,fY ,2008. CD -- ~ MYcow.ISSIOO.DD754491 ~ 17~ , EXPIRES: FebruIlY 3, 2012 ~1Iuvbry""'\hIInIIIIIII Notary Public, State of Florida ATTEST: CITY OF BOYNTON BEACH --...-- '-. -~ -' = a Florida municipal corporation --.. ..... --. BY: Janet P.rainito, City Clerk Jerry Taylor, Mayor Approved as to Form: (SEAL) Office oftbe City Attorney STATE OF FLORIDA ) ) ss COUNTY OF PALM BEACH ) BEFORE ME, the undersigned, this _ day of . 2008, personally i appeared Jerry Taylor, Mayor and Janet Pr~to, City Clerk of the City of Boynton Beach. ! I I ( ) personally known I Notary Public, State of Florida DNT:lfm ' H:\l 990\900 I 82.BB\Agrecmcnts 2008\Eascmcnt Agrccmcnt (Bcthesda).doc Page 4 of 4 Iii Wantman Group, Inc. . I . 1 ~~b('r- . Engineering.:.Planning .:.Surve ying.:.En vironm en tal 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH. FL 33411 Ii AJJ (866) 909-2220 phone (561) 687-1110 fax CERT No. 6091 - LB No. 7055 . . JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA . , www.wantmangroup.cam -------- ---~ -- ~ -- - DESCRIPTION Ii SKETCH PREPARED FOR: THE CITY OF BOYNTON BFACH. FLORIDA LEGAL DESCRIPTION: Utility Easement A 12.00 foot wide strip of land lyIng In a portion of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida. and being a portion of the lands described In Official Records Book 13997, at Page 1151 through .1153 Inclusive, of the Public Records of Palm Beach County, Florida, and being more particularly described as follows: BEGINNING at the Southeast corner of sold described lands, sold point beIng the POINT OF BEGINNING; Thence South 89'19'51" West along the South line of said lands, for 12.64 feet, said poInt being 12.00 feet West of and parallel wIth the Easterly line of said described lands and the Westerly rfght-of-way line of the Seaboard Coast Line Raf/road; Thence departIng aforesaId South line Norlh='-rt'3"g'52" East along said parallel line, for 1,138.10 feet; Thence diiparlfng said = parallel line North 27"16'38" West, for 23.88 feet; Thence North 17"03'02" East, for 9.59ff3et, said pornt being on the North line of afo.resaid described lands; Thence North 88'09'37" East along said North line, for 12.68 feet; Thence departing said North line South 17"03'02" West, for 8.81 feet; Thence South 27"16'38" East, for 23.96 feet, said point being on aforesaid Easterly line of said described lands and Westerly right-of-way line of the Seaboard Coast Linf3 Railroad; Thencf3 South 17"39'52" West along said Easterly and Westerly line, for 1,139.09 feet to the POfNT OF BEGINNING. Subject to existIng easements, rights-of-way, covenants, reservations and restrIctIons of record, if any. Said lands Iyfng and situate In' Palm Beach County, Florrda. ~ '" '" ..., '- (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ~ - ti ~ SURVEYOR'S NOTES 'tl ..; 1. UNLESS IT SE:ARS THE SIGNATURE AND THE: ORIGINAL RAISED 5. WANTMAN GROUP. INC., CERTIFICATE OF AIITHORIZATlON Ne. '!5 _I Sf'lL OF A FLORIDA UCCNSEO SURVEYOR AND MAPPER EMPLOYED BY 7055, IS ISSUED F1Y TH~ FLORIDA Ot:PARTMCNT OF 8USINESS fi: WANTNAN GROUP, INC.. THIS DRAWING, SKETCH. PLAT OR MAP IS FOR AND PROFESSIONAL REGULATION. <0 INFORMATIONAL PURPOSES ONLY AND IS NOT VALlO. AODmONS OR ~ OIrLF:T1ONS TO SURVEY MAPS OR REPORTS F1Y OTHER THAN THE CERTIFICATION: g. SIGNING PARTY OR PARTlES IS PROHI8fTED WfTHOUT WRT1TCN 'tl CONSENT OF THe SIGNING PARTY OR PARTIES. t 2. LANOS SHOWN HEREON WERE NOT ABSTRACTED BY WAN1MAN I H&lEEIY CERTIFY thot th. atfech.d D.scriptlon and Sk.tch is tru.. GROUP. INC.-FOR EASEMENTS AND R1GffTS-OF-WAY OF RECORD, and camrct to t~ bills!. fo' my knowl.dg.. and blIli.f and that It m....ts ~ th.. Minimum {tit: nlcol S andQ(d:l Ill"t forth by th" Florida SDord of Q: 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER Profas/onQ(' 'Uf.VIJ!:.~ A"';I.Mappef'/l in Chrzt.r 61G17-6, Florldo e INSTRUMENTS AND doES NOr CON5rl7VTIr A FIELD SURVEY AS SUCH. Admln~tf~, co ~. p'f'rsua.n~~.!o alr~pt"r 72.027 Florida statute. al 4. S/iARINGS BAScO ON AN ASSUMED BE:ARlNG ALONG THE WESTERLY Far JOII. l'inn::' .. i' ii" .. ; g Wanlman 'GrDu,A Inc. ' ' RIGHT-OF-WAY UNE OF THe SE"ASDARD COAST UNE RAILROAD, SAID ~'~ ~ UNE SCARS SOI/TH 17'39'52- WEST AND ALL OTHER 8/iARINGS SHOWN Ha?EON ARE RElATIVE THERIrT"O. << ~ DATE: REVISION: BY: BY: - ,...".: . : ' ,:' 'DATE: '3! 3/ / fJ8 so D~ K /;, ZEf.fi4,N.t.l,' . I, .',' . 15 P~FE.?~/e.NAL..,SURVE:YOR. A"ID ,MAPPER FLORIDA UCENSE NO. 5655 ~ '../.iRG ',.' " . OffiCE J?~TE' ' ' 03/29/08 JOB 407667.01 ~ CHECKED DGZ SHEU 1 OF 3 OWG 66701_UE J " , 1m En~~=+~~~~~:~~~ 2035 VISTA PARKWAY. SUllE 100 WEST PALM BEACH. FL 33411 (S66) 909-2220 phone (561) 687-1110 fOl( CERT No. 6091 - La No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wontmangroup.com DESCRIPTION .k SKETCH PREPARED FOR: THE CITY OF BOYNTON BCACH, FLORIDA MATCH SEE SHED' ::5 I . I / I I 9:1 / '----~ S i f.. \'000'__ ~ I ' N / i I -0- i "II ~C> . G I ~, I 1 ~ / ~ i.t.J.I ~Q.' I &f'v I ~~' - SCALE: 1" ';'100' ~~ / "$ ,.,S. /" ~~ ,." ,. Q "" - - I ~ i.t.J I jEf' rJ l ~ I Ii!rY' ~ W $ I -3' I [f1J.\- ~~ ~ ~~. f ::Jj t<J i I t<!~ ;;QJ ~~ I I \;:: ~l!s f... Q; I / ~' Vj LANDS PER I / I cr ~ (O.R.B. 13997. PG. 1151-115J./P.8.C.R.) ~ G ~ ~ f f u / I Cd ~' I / ~ a.: ~ LEGEND:. ,I I ~ t<') .: .., a.R.B. = Off/efaf Records Book / / ~ \; :( p.e.C.R. = Palm Bflach Counly Records . , I 'I '" p.e. = Plat Book / I ..... '6i PG. = Pags I II) R/W = Rfght-of-Way / I ~ :: ~ 'ti / I ~~ ~ "i !!l I ;;:: Q:: .J , I ~O ~ / / ~Q 9) R i 19 , f I ~~~~ SOUTH I~/NC ' I ~ Q: ..... g; -~------------I~-~~------ ~~~i I I / . 12 MONTEREY BAY, A /P.U.D. ' I III I - / ~ (P.B. 104. PG. 82-881 P.B.C.R.) / sag' 1 9'S1 OW ~ f 12.64' / I I DATE: REVISION: BY: (NOT A SURVEY-DESCRIPTION AND' SKETCH ONLY) fil ~ OFFICE MRG DATE 03/29/08 JOB 407667.01 .~ CHECJ(CO DGZ SHEET 2 OF .:s DWG 86701_UE J ~ 1m En~;,:;1~~+~~~;;~:'ff~;;OI 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH. FL 33411 (866) 909-2220 phone (561) 687-1110 fax CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wantmongroup.com --- DESCRIPTION ct SKETCH PREPARED FOR: THE CfTY OF' BOYNTON BEACH, FLORIDA / I , ~8B"09'37HE LANDS PER / (O.R.B. 18304, PG, 133-135jP.B.C.R.) / 12.68' I / S17"03'02'W -1 7--1- B.81' ------------------------- NOR~,L~F: / 't. ~ '27" 16'3B"E / . ~ ~ 23.96' tv /&~M~ I I\~'~~ - . -0- ~ / L~,l} .. i 1\:- I 1-... / ~ SCALE: 1" = 1 00' / Jj I .. f!J' I t; / ~Qf >,; / ~ ij, CJ' "- \ <::) / O:j / ~~ &CJ.' C5~ I ~~' / !?J / ~~ ~t.,., .:j~ / !!ir-y / 'b'~ CJ ~. C I ~ ~ / ~~. ~ '" / ft"? / ~~.! ' ~ ~ .., '- I ~t.,., / ~tg.l,. ~!# It' ~ / k1 / 9?O:j I .:j~!:!J .., ~ . Cj . .I,.~ ~ l:s c;q; "'Q:J ~~ t'i LANDS PER / ~ i:J @/s;:~ '" (O.R.B. 13997, pr;, 1151-1153, P/,C.R.) / pf-J ~, -6 I C5 \:) ...; I G C5 ~ LEGEND: / \;:: \:) " _I k' 'f ~ O,R.B. = OffIcIal Rl1cords Boo / cr. 19 P.B.C.R.::;: Palm Beach County Rl1cords CO .- P.B. = Plaf BOOk;' is ~ "1> PG. = Page G? I R/W = Rlghl-of-Woy I / I ~ , u: MATCH SEE SHErr 2 III 15 ~ DATE: RF:V/SJON: BY: ~ (NOT A SURVEY-DESCRIPTION AND SKETCH. ONLY) @ ~ OFFICE MRG DATE 03/29/08 JOB 407667.01 ~ CHECKED DGZ SHEF:r :1 OF :1 DWG 6670LUE 3 ~ , \ 1m Wantman Group, Inc", . . . ;.' .', Englnef1rjng<.P/annjng,+Surveying+Environmento/~~ bl t ' 2035 VISTA PARKWAY, sum: 100 WEST PALM BEACH, f1. 33411 . / ~ ,,). . , (866) 909-2220 phcn8 (561) 687-1110 falC (( .J CERT No. 6091 - La No. 7055 ' . JACKSONVlUE - ORLANDO - PORT ST. LUCIE - TAMPA " . www.wantmangroup.com DESCRIPTION .. SKETCH PREPARED FOR: TH~ crrr OF' BOYNTON BEACH. FLORIDA LEGAL DESCRIPTION: Temporary Construction Easement A 40.00 foot wide strip of land lying in a porllon ot SectIon 5, TownshIp 46 South, Range 43 East, Palm Beach County. Florida and being a porlion of the lands described in Official Records Book 13997, at Poge 1151 through" 1153 Inclusive, ot the Public Records of Pglm Beach County, FlorIda, and being more parllcularly described as follows: BEG/NNING at the Southeast corner of. said des.cr/bed lands, said point being the POINT OF BEGINNING; Thence South 89"19'51 U West along the South line of sold lands, for 42.14 feet, said point being 40. DO feet West of and parallel with the Easterly line of said described lands and the Westerly right-ot-way line of the Seaboard Coast Lfne Railroad; Thence deparling aforesaid South line Nqrlh 17"39'52:' {gsfE..I'!n.g _said parallel,lln!. ff:!.! 1,1.69.97 feef, sard point being on the Norlh line of said dssc?lbed lands; Thence deparllng said parallel line Norlh 88"09'37" East affinii . , sold Nr;Jrlh /Ins, for 42.44 feet, said poInt beIng on aforesaid Easterly /fnB of sold, descrlbed lands and Wesferly right-of-way line of the Seaboard Coast Line Railroad; Thence deparlTng aforesaid Norlh line South 17"39'52" West along said Easterly and Westerly line, for 1,170.88 feet to' the POINT OF BEGINNING. . Subject fa existing easements, rlghts-o~-way, covenants, reservations and restrictions ,?f record, If any. SaId lands lying and slfuafe in Palin Beach Countv, Florida. ~ ," ~ ~ I.. ~ "- (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) . ili t II: m SURVEYOR'S NOTES ,.!, . 1. UNlESS"" BEARS THE SIGNATURE AND THE ORIGINAL RAlSCD 5. WANTM4N GROUP, INC.. comFICATE OF" Al/THORfZATTON No. , ~ sEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER EMPLOrr::O BY 7055, IS ISSlJEI) BY THE FLORIDA DEPARTMENT OF BUSINESS ;::; WAN1MAN GROUP, INc'. THIS DRAWTNG, SKETCH, PLAT OR MAP IS FaR AND PROFESSIONAL REGULATION. ~ /NFaRNATTONAL PURPOSES ONLY AND IS NOT VAUO. ADOIlIONS OR lcj DElETIONS TO SURVEY MAPS OR REPOFrTS BY OTHER THAN THE CERTIFI'H 'T'TON ~ SIGMNG PAKrY OR PARTIES IS PROHIBfTC(] WTTHOlIT WRITTEN \.IA.l : "6 CONSENT OF THE SIGNING PAmY OR PARTIES. I I I" " ;; 2. IN/DS SHOWN HEREON WERE NOT A8STRACTED BY WANTMAN I HEREBY o,.,mF'Y Iht1t Ih" ?Jltaph"d f),,6Mpfron and Sketch 1a .true I iRouP. 1He. FOR E"ASCNCNTS AND RIGHTS-OF-WAY OF" RECORD and llO,reat to \~~" ll!~~t .D~II!Y /vrowl4dge and b"gef and thaf il meets . . ' th" a' lI(71\T"Chn/fitll. Slo'tJ#rde '."t forth by the Florida Botmi of J. DATA SHOWN HEREON WAS COMPILED FROM OTHER Prof. . ~~. ~"(d\ '!.oPRua' In aha ter 61017-;6. Florida' I:i: INSTR/JI.{ENTS AND DOES NOT CONSTITUTE A FIELD SURVF:Y AS SUCH. Adml""ctI~, ~, ,~ pt.l~. '.~~ ,Chop-fer 172.027 Florida Statutes. !ll For The Fn'm: \ . ..- 4..1EAR1NGS BASED ON AN ASSUMED BCARlNG ALONG THE WES/ERLY ~nfmo" r....up. Ine. . ~ RJGHT-OF-WAY UNE OF THE SEABOARD COAST UNERAlLROAD, SAID , -',-, ,l'. ,!' .!. I. '. i'!i UNE BEARS SOtJTH 77'39"62- WEST AND ALL OTHER BEARINGS f?(' , i5 __ARERDAmE-= .~~. - .' - i . . , ,.' " I DATE: REVISION: ,BY: BY: ~J,..., DATE: 3/3t108 OEf?EJ(';G. . ~EMAN" ." J ." , , PROFESSlo.~ .sI..{R~OR ANO. MAPPER FLORIDA liCENSE 'NO. 5655 ~ OFF/Clr MRG" DATE 03/29/08 JOB 407667.07 ~ ' CHIrCKIrD OGZ SHW" 7 OF" 3 OWG BB701_Uc 3-TEJ,{P ~ .--.. .. .. - ----.,.- l\\I En~;;;~~+~~~~f.~r~!2~;OI 2035 ViSTA PARKWAY. SUITE 100 WEST PALM. BEACH. FL 33411 (B66) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVilLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wantmangroup.com DESCRIPTION ct SKE:TcH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA MATCH SEE SHEET;] I j '" I / ~ / / PJ' I CO N / /.-::: /' i:-.. \-110.00' {) ~ I / g I , 'i ~ / ~~ ~ o /N! J:J SCALE: 1" = 100' / 14J I &0..' =- _ _ / <:j S/ /i~' - - , I ~ / ~~' -~ := / ~' ~ / "dt;j ~ I ~ 4.J / fS>>' cr /!<.t ~'( !<J 0:2 I :)2 I ~~, ~ w ~ / :s / ~~.\. !N# ~ ) ~. N ~~ f" I I tj~ 'Iff .\.!<')' ~ / I ~~ & $Qj.:sf I / (.oj ~ !-... ~ LANDS PER ,I / ~I ~& ~ (O.R.B. 13997, PG, 1151-1153,/P.B,C.R.) ~ G" ';? '" I ~ ~ ; I / cr o:i 5 , / OJ 0.: ~ I / rq) ~ : , -J ~ ~ . LEGEND: ,/ / ~ ~ a.R.B. = OffTclal Records Book /' / ~ ~ P.B.C.R.= Palm Beach County Records I / to t!:' ...... I P.8. = Plat Book / / ......,.., PG. =Pagfl \ 'I ~Q:: . ~ R/W = Rlghf-of-Woy / ~~ ~ J I ;<:Q: ~ , ~C ~ ~ / / ~O ~ ~ I / tl:l'-!l::~ ~ /, La.,CI)!,IJ......__ . SOUTH UNE / c i:ilj ct: ~ If ~/ ~tt~~ e ~S~~ ~ --------------j----- ----- ~~:s.e. it I I ill 1/-- MONTEREY BAY, A ,fP.U.D. / I ~ (P.B. 104. PG, 82-88j P.B,~,R.) I : I ,/ .' e DATe: REVISION: BY: i:: (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ~ . ~ a OFFICe MRG DATE: . 0.3/29/08 JOB 407667.01 Eo '-' CHeCKeD DGZ SHEET 2 OF.3 DWG 66701_UE 3-TEMP ~ '--0_'_- __._,_ _____.."_._ ._.._. . _..________,_ ( -I Il'tl'. Wantman Group, Inc. alJI Engineering+)P/anning+)Surveying(+Envlronmentat 2035 VISTA PARKWAY, SUIlE 100 WEST PAW BEACH, Fl 33411 (86S) 909-2220 phone (561) 687-1110 fOlC CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST, LUCIE - TAMPA www.wontmangroup.com . DESCRIPTION ct SKETCH PREPARED FOR:' THE CITY OF BOYNTON BEACH, FLORIDA " I " 1/1 , / ' LANDS PER I / 9'37"E / (O.R.B. 1830,!-. PG. 133-13S.!P.S.C.R.) / N88"D I' . ! / 42.44' I I _-J----- ----------1--7 I ----------------- , ----- / . NO~/0Nc / ~ N / / : Q. - - ,/ -.-. / . ~ - / ,- \'-< - 110.00' SCALE' ,. = '00' / Ii / ,!:::. ~Ci! / ~ / ~~. I c;j / !!lqf / ~~ lQ-ll.' I /8 / ~f ~ ! f1~ / :::i& <'l I <:l!'l ~'ci .., , ~.s I iff!'J ~ / tf ~ / rt~, ~ .., I' ~~ / ~Ii$ ~ ~ ~ / ~~ P; l>l '"'l"' t;;!Qt ~ { LANDS PER -..:J I €: ~ g; (O.R.B. 13997, PG, 1151-1153, P.p.C.R,) / E , / ~ I ~ ~ LEGEND: / ~ J , ~~ Q a.R.B. = Off/alai Reaardt; Book I ft ~ P.S.C.R.= Palm Seach County Records I 1\ ~ P.S. ::: Plat Sook / I ~ ~ PG. = Page I I ~ R/W = Rlghf-of-Way / 40.00'-- i I / ~ I , ft MATCH SEE SHEEr 2 8l ~ ~ ~ DATE.' RF:VISION: BY: % (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) 15 ' ~ OFFICE MRG DATE: 03/29/08 JOB 407667.01 8 i CHCCKBJ DGZ SHEET J OF J OWG 66701_UE :I-TEMP r '.1 ) CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO: Paul Fleming, Senior Project Manager CC: Kurt Bressner, City Manager Lynn Swanson, Paralegal Janet Prainito, City Clerk FROM: David N. Tolces, Assistant City Attorney ~ DATE: September 29,2008 RE: City of Boynton Beach ("City") I Regional Force Main Project- Standard Pacific of South Florida flk/a Westbrook Homes, Monterey Bay HUD Attached is a copy of-tne executed Perpetual Access Easement and Maintenance - Agreement with respect to the above referenced matter. Please forward the easement and exhibits to the City Commission for their consideration and approval. The City Attorney's office will forward the ORIGINAL to the City Clerk for execution after approval. Once the document is fully signed we will record the Agreement in the Public Records of Palm Beach County. Thank you for your assistance. Should you have any questions, please do not hesitate to contact our office. Enc1osure( s) DNT:lfm H:\1990\900182,BB\MEMO 2008\Fleming (Regional Force Main)9,26,08.doc VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office n 0 1"'}-4 o August 19,2008 o October 21, 2008 Q:l -1-< August 4,2008 (Noon) October 6,2008 (Noon)O -<C!'t n (J""'1 -i o September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20,2008 (Noon:t..,) 'e:" ;""0 <::) A."?-< o September 18, 2008 September 2, 2008 (Noon) [g] November 18,2008 November 3, 2008 (NoOlj. ~X (J')-I ::JI: 0 o October 7, 2008 D December 2, 2008 0% September 15,2008 (Noon) November 17, 2008 (No~ "Tl,iZD - ""11m rn.> 0'\ rT1C") ::c: D Announcements/Presentations [g] City Manager's Report NATURE OF D Administrative 0 New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements 0 Unfinished Business D Public Hearing D RECOMMENDATION: Motion to authorize and execute by resolution a Temporary Construction Easement and a Utility Easement between Standard Pacific of South Florida and the City of Boynton Beach in support of the City's construction of the new regional force main. EXPLANATION: In 2007, the City issued task order U07-20-1 to the Wantman Group, Inc. (WGI) for the new regional force main route selection, detail design, permitting and bidding phases of the project. Once the force main route was identified and confirmed the acquisition of easements, permits and agreements began and the new force main design has now progressed to the 90% stage. Currently, the project is in the permitting phase and permits/agreements have been issued by various agencies. The agreements allow the City to access the pipeline corridor for the construction of the force main and it's components and commits the City to restore the Standard Pacific of South Florida property to it's pre-existing conditions and to maintain the force main and it's components. PROGRAM IMPACT: The Temporary Construction Easement and the Utility Easement are necessary to allow the City to construct portions of the new regional force main. FISCAL IMP ACT: There are no fees associated with the Temporary Construction Easement and the Utility Easement. The eventual construction contract will be funded from Utilities account #406-5000-590-96-03 SWRl14. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: Although there are alternative force main routes available, the one selected is the most direct and will provide the City with the most cost effective construction option. Therefore, these easements with Standard Pacific Homes should be authorized. /" , /~ } /' j"" lj ~ "")' ~~' . . 'W~~ ",t-- Mr{~-l ,- f Kofi Boateng, Kurt Bressner, Director of Utilities City Manager Cft1--/~ Utilities Department Department Name City Attorney / Finance / Human Resources Attachments xc: pi Peter Mazzella, Deputy Utilities Director ~Paul Fleming, Sr. Project Manager Barb Conboy, Manager, Utilities Administration Procurement Services PMT File SIBULLETfN\FORMS\AGENDA ITEM REQUEST FORM,DOC , , , I , 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING 5 EXECUTION OF A PERPETUAL ACCESS EASEMENT 6 AND MAINTENANCE AGREEMENT BETWEEN THE 7 CITY OF BOYNTON BEACH AND STANDARD 8 PACIFIC OF SOUTH FLORIDA, IN SUPPORT OF THE 9 CITY'S CONSTRUCTION OF THE NEW REGIONAL 10 FORCE MAIN, AND PROVIDING FOR AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the new 15 regional force main route selection, detail design, permitting and bidding phases of the 16 project; and 17 WHEREAS, the attached agreement with Standard Pacific of South Florida, allows 18 the City to access the pipeline corridor for the construction of the force main and it's 19 components and commits the City to restore the property of Standard Pacific of South Florida, 20 to it's pre-existing conditions and to maintain the force main and it's components; and 21 WHEREAS, the City Commission upon recommendation of staff, deems it 22 appropriate to approve and authorize execution by the Mayor and City Clerk of the Perpetual 23 Access Easement and Maintenance Agreement between the City of Boynton Beach and 24 Standard Pacific of South Florida. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 eing true and correct and are hereby made a specific part of this Resolution upon adoption 29 .\CA\RESO\AgreementAAccess Easement-Standard Pacific-RFM.doc I Section 2. The City Commission of the Cit) of 80ynton Beach, Flonda dues , i hereby approves and authorizes the Mayor and City Clerk to execute the Perpetual Access ~ .., I Easement and Maintenance Agreement Between the City of Bovnton Beach and Standard .) I ~ .. r 4 I Pacific of South Florida, in support of the City's construction of the ne\-v regional force main. I 5 I a copy of which is attached hereto as Exhibit "A", 6 I Section 3, That this Perpetual Access Easement and Maintenance Agreement will 7 be recorded in the Public Records of Palm Beach County. Florida, 8 Section 4, This Resolution shall become effective immediately upon passage 9 10 PASSED AND ADOPTED this day of November. 2008, 11 12 CITY OF BOYNTON BEACH. FLORIDA 13 14 ----- 15 Mavor - Jerrv Tavlor - -. 16 17 18 I Vice Mayor - Jose Rodriguez 19 20 21 Commissioner - Ronald Weiland 22 ,'" ~-' -~--- 24 Commissioner - Woodrow L. Hay ,- ..:.) 26 ~~-~_...._. --~~-_.'~----'----'---- 27 Commissioner- Marlene Ross 28 29 ATTEST: 30 31 32 Janet M. Prainito, CMC ..,.., City Clerk JJ 34 35 I I 36 ~corporatc Scali 37 r \CA\RESO\Agr~~menlS\Access Easement -Standard Pacitlc-RFM dOL II - CITY OF BOYNTON BEACH City Attorney's Office Memorandum TO: Paul Fleming, Senior Project Manager CC: Kurt Bressner, City Manager Lynn Swanson, Paralegal Janet Prainito, City Clerk FROM: David N. Tolces, Assistant City Attorney ~ DATE: September 29,2008 RE: City of Boynton Beach ("City") I Regional Force Main Project- Standard Pacific of South Florida fIkIa Westbrook Homes, Monterey Bay HUD - Attached is a copy or-'llie executed Perpetual Access Easement and Maintenance - Agreement with respect to the above referenced matter. Please forward the easement and exhibits to the City Commission. for their consideration and approval. The City Attorney's office will forward the ORIGINAL to the City Clerk for execution after approval. Once the document is fully signed we will record the Agreement in the Public Records of Palm Beach County. Thank you for your assistance. Should you have any questions, please do not hesitate to contact our office. Enclosure(s) DNT:lfin H:\1990\900l82.BB\MEMO 2008\Fleming (Regional Force Main) 9,26.08.doc This instrument prepared by: David N. Tolces, Esquire Goren, Cherof, Doody & Ezrol, P .A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 PERPETUAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT TIDS PERPETUAL ACCESS EASEMENT AND MAINTENANCE AGREEMENT (the "Access Easement") made this _ day of , 2008, by and between STANDARD PACIFIC OF SOUTH FLORIDA, a Florida general partnership ("GRANTOR") whose address is 9900 S.W. 107th Avenue, Miami, Florida 33176, and the City of Boynton Beach ("CITY"), a Florida municipal corporation, its agents, servants, employees, or contractors, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934; WIT N E SSE T H: WHEREAS, the GRANTOR is the owner of certain parcels of real property located within the City of Boynton Beach, (hereinafter referred to as the "Property"), more particularly described as follows: - See Legal Descriptions Attached Hereto as Exhibit "A" and Exhibit "B" WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit CITY to install and maintain improvements associated with the City's Regional Force Main within the parcel described in Exhibit "A" (the "Easement Parcel"), in order to improve sanitary sewer utility services within the CITY; and WHEREAS, the GRANTOR will grant a temporary construction easement over and across the parcel described in Exhibit "B" (the "Access Parcel") to the CITY in order to permit the CITY to construct the improvements associated with the City's Regional Force Main within the Easement Parcel; and WHEREAS, the City Commission has authorized the expenditure of funds for the CITY to install the improvements within the Easement Parcel; and, WHEREAS, once installed, the improvements will be maintained by CITY, and, if necessary, further replaced by the CITY; and, WHEREAS, the GRANTOR will agree not to construct anything of a [permanent nature] within the Easement Parcel; and, WHEREAS, the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the granting of this Access Easement to the CITY, together with the right of entry into the Access Parcel for the construction and maintenance of the improvements, within the Easement Parcel; Page 1 of 8 NOW, THEREFORE, in consideration of the mutual promises contained herein and Ten and no/100 ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. The aforesaid recitals are true and correct and are incorporated herein. 2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual easement for the installation and maintenance of improvements associated with the City's Regional Force Main within the Easement Parcel. For purposes of this Agreement, the term maintain may include, at the option of the CITY, the actual installation, maintenance, repair, replacement, and/or removal, of such parts and/or portions of said improvements as are deemed to be necessary by the CITY, and in order to serve and promote the general safety, health and welfare of the citizenry of the CITY. 3. This Access Easement is a pennanent perpetual easement and shall not be changed, altered or amended except by an instrument in writing executed by GRANTORS and CITY or their respective successors and assigns. 4. GRANTOR further agrees to sign any applications and docmnents for any permits which the CITY may be required to submit' to any local, state, or federal agency in assoclation with the' installation and maintenance of the samtary sewer lift station and'" associated improvements. CITY agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the installation of the improvements. ~ In association with the GRANTOR's grant and conveyance of this Access Easement, GRANTOR agrees to cooperate with CITY in order to obtain any consents andlor agreements from any person or corporation which holds a mortgage or other property interest in the Property. GRANTOR agrees to sign any applications, docmnents, andlor amendments to this Access Easement which are required for the mortgage holder to consent to the GRANTOR's conveyance. of this Access Easement to the CITY. CITY agrees to pay any and all fees associated with obtaining any 'consents from any mortgage holders, or other entity with a property interest in the Property. 6. GRANTOR also hereby grants and conveys to the CITY a temporary easement for ingress and egress over the Access Parcel. GRANTOR acknowledges that this right of ingress and egress includes any and all temporary access to the Access Parcel during actual construction and installation of the improvements by CITY. 7. CITY shall ensure that all of the GRANTOR's property disturbed and used by CITY pursuant to this Access Easement is returned to its original condition by CITY as of the date CITY commenced such use, at the CITY's own cost. This includes any landscaping and fencing .removed as part of the CITY's installation of the improvements. The City shall inform all parties performing work for it that such parties shall not have the right to file any liens against the Property, and, if any such liens occur, then the City shall remove any such liens, or the City shall release or transfer to bond any such liens, within thirty (30) days of notice thereof. To the extent permitted by law, the City agrees to defend at its sole cost and expense (if requested by Grantor), release, indemnify and hold Grantor, its subsidiaries, related and affiliated companies Page 2 of8 and the officers, directors, agents, and employees of each, harmless from and against any and all such claims, suits, judgments, damages, losses and expenses (including reasonable attorneys' fees) or demands, including demands arising from or in any way corinected with (i) the use and enjoyment of the Property by the City and/or any other party claiming by, through or under the City (collectively, the "City Parties"), (ii) any breach of this Agreement by the City and/or any of the City Parties and (iii) injuries or death of persons (including Grantor's employees) and damage to property arising out of any negligent acts, errors, omissions or willful misconduct of the City and/or the City Parties. Nothing herein is intended to serve as a waiver of the City's sovereign immunity or as consent by the City to be sued by third parties in any manner arising out of this Access Easement, or any other agreement. 8. This Access Easement and all conditions and covenant.s set forth herein are intended to be and shall be construed as covenants running with the land" binding upon and inuring to the benefit of the GRANTOR or CITY, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Property and all persons claiming by, through and under them. 9. The terms of this Access Easement may be enforced by Grantor by injunctive relief and any other available remedies. By way of example, and not limitation, Grantor shall be ~ entitled to enjoin any activity or use of the Property that is incons,istent with the rights granted to the City pursuant hereto. In the event of any litigation in connection with this Access Easement, the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. Venue for any litigation filed in relation to this Access Easement shall be filed in state court in Palm Beach County, Florida. 10. If any provision in this Access Easement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Access Easement, all of which other provisions shall remain in full force and effect. Signed and Sealed the day and year first above written. ATTEST: GRANTOR: STANDARD PACIFIC OF SOUTH FLORIDA, a Florida general partnership " BY: By: Standard Pacific of South Florida GP, Inc., a Delaware corporation, its CD,\(T1lDllEYL- managing partner Title - 7 (- - - , "') By: ./L----- Print Name: 1\ O..7!'}OC/L ,: Title: '- \J ! A0'/ v~u~"SI1! ( -- Page 3 of 8 ! , STATE OF FLORIDA ) ) 55 ,COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take aclmowledgments, personally appeared ("\lc\~e...\ \\el:L>C~ as vP 4lf\ct D\vl7JIDIV of STANDARD PACIFIC OF SOUTH FLORIDA GP INC., the managing partner of Standard Pacific of South Florida, who i perso~ally known to me'or who has produced as identification, an ac ow e g executing the foregoing Access Easement on behalf of such corporation and general partnership. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this )1) day of -=rLt'V\. , 20?8. NOWy~~- ~~.. lJirlo. LRErf.tOlW8 (Seal) t:: ~''f.\ MVCOMMISSION'I?D721149 EXPIAES:OcllIIler 2, 20n . . llIMIlI1ln NIlIIy ~ lIndIiimIort _ CITYOFB ATTEST: a Florida municipal corporation BY: Janet Prainito, City Clerk Jerry Taylor, Mayor Approved as to Form: Office of the City Attorney STATE OF FLORIDA ) i ) 55 I COUNTY OF PALM BEACH ) BEFORE ME, the undersigned, this _ day of , 2008, personally I appeared Jerry Taylor, Mayor and Janet Prainito, City Clerk of the City of Boynton Beach. ( ) personally known Notary Public, State of Florida (Seal) DNT:js H:\1990\900J 82,BB\Regional Force Main Project\sjv-ElIScmcnt Agreement (Westbrookc Homcs)REVI,doc Page 4 of 8 EXHIBIT "A m Wantman Group, Inc. Eilglnt1erlng+Plannlng+SlIrnJ}1ng+Fnvirrmmsntal -- ------------- 2035 VISTA PARKWAY. 5Ul1E 100 WEST PAUl BEACH, Ft. 33411 (888) 0lII-222D ~ (561) BS7-tno ,"" CERT No. I - La No. 7Dll5 JACICSOfMW: - llRl.ANDO - PORT 51". WClE - TAllPA _WlII\tmllllgl'OllJlocom DESCRIPI1DN .. SKE1CH PREPARED FOR: 'fHE CITY OF BOYNTON BeACH, FI.ORIOIt LEGAL DESCRlPTION: Utility Easemeut A'12.00 foot wid. nrlp of land lying In tl portion of Sea/Ion 5. Township 46 South, Range 43 East, Palm Beaah County, Florida and being aportlon gf MON1FRF:r SAY, A P.U.D., aacordlnl1 to th" Plat th"reof, a. I"8f1Qrdlld In Plat Book 104. at Page 82 through 88 InalUllwB, of the PuMe Reeards of Palm BBaah County,' Florida, and beIng more partloularly' delll:ribBd as follows: BEGINNING at the Norlh8l1sf r:Dmer, of sold Plat. Bald pain' being the POINT OF BEGINNING; lh.nD. South 17~'52- W.sf along th" Easfflrly Ilnl1 of sold Plat and also thB WBafllrly rlghl-oi-way IIn. of the Seaboard Coast Une RaUroad, far 570.40 fee#; Thence d.parting Bald Easterly and WeBfllrty I/n8 50ulh 62"20'02- WeBt, for 20.aS (eef; Th"nas South 17"20'02- W..t. for 4.82 f.et, sold poInt being rm the Nor/h'. right-or-way line af fh. LakB Warth DrafntlgB Dlstrlaf LatBral-3D Canal as shown on said Plat; Theno" Soulh S9'29'OS- W.st alang said Narth One, for 12.6' '"ef; TheneB departIng Bald North right-of-way Iln" North 11'20'02- rast, far 1:S.~ fee#; Thena" North 62"20'02- East, for 20.07 fa." said point being on a flnll '12.00 fHt W.st o( and paral/IIJ wlfh aforesaId Easfllrly nnll of saId Pial and W.ster/y right-of-way nne of saId SlIabpard Cpam Unl1 Railroad; Thsnoll North 17S!1'SZ- ~asf along Jlald paraD.1 lln8, ;or 561.49 fest sard poInt being on 0 Norlh Ilnll pf said Plat; Theno. deparllng said larrrllel NDrlh 8tr'9'51- East along Bold Norlh line, for 12.64 fBet to thB POINT OF geGINNIN . SubJ5ct to exlst/ng easll1"/1l1nts. rlghfl:-of-way, oovrmants. ,.,.servaHDM and restrlallpns of ,."cord. If any. 5ard lands lying and alfuafs In Palm Beaeh Counfy, Florida. ~ ""' .., (NOT A SU1!'VZY-DESCRlPTlDN AND SKETC1J ONLY) :i - "Iii SURVEYOR'S NOTES ! ,. UNU:SII IT" I1EMS THE: SIRI!WIJR6 AND THE llIlISWII. _ ~~ISSIIB'~t:F~~ !!l .J _ f1l' A FlJJFIIJA tICI7.I5IIP SII/MYllIl' AND ~ EJ/1'lJ1rED BY ~ I'WI1AWI fJlrt1UP~ ~ rIf!W (If! _IS FrJ>> AND I'RllI'ESSllIN4 IIIIllJlAlll7>\ Nl1o'IIIUIIIMV. GWl.I' AND IS NUT M1flI1I(1I/$ DR ~ Jl1 .IlDMI' IW'$ aRllI!AlIID BY _ _ 1IIE: CER'l'JlI'ICA.TJON: f $1_ twm' aRlWmES IS PIIDH116r1D WIIHWT trmTE1i CONSrHr OF ~ smNJ1Ili I'AR/'l' aR fWr7IDl. I /IDfE7IY CfRTtr'Ibof ~~ _ _ 10 lrIIII I .:z. lANDB 5IIOWN HE1fEI1N __ NI1T NISI1WJIED BY WiWTIVN _'~'~'. _-_"""'...010 ORO/IP, INr:. I"DIf rAIfJIENI$ NID ~1I41' OF ~ ~' '.. ~ n.rol/ntd pi .J. _ _ HDIBJN II4S CIlUI'IUII /7101I r1IIIE1I . ~ /riI' " rtPrT-ll. ~ INS11IIJIIfN1IJ _ DOlJI Nf11 tJIINIR11II11j A RIVJ SlAMI' AS svr:H. ~ ,....,.,.." ~ ".,.._uIItL iJ 40 IIENiJN#B ... ON AN __ /IIXIIJNt11V.QN; THE II!SmlLI' Flr l1Ie n.m: i J/IIiHT-tJF-W1f( /.lIE OF JHl! _ I:OIST /.lIE ~ !lIIID -~- UN/! _ _ 17.... _ MID till. rJ1I/1R /1EJIRIt(;5 SHOWN HEREON ARE RElA7II'E 71I11IEIO. tm ~ ~ Ll47e ~/'3JI08 I DATE: REVISION: ~ ~~ AN/) IW'PiR Fl.tJRiD4 LICERSF. NO. 6/W l5 OF1'ICE IAIRO ID<< D.V2S/DB IJOB <f076l17.01 ~ CHEDKED I DGZ ISHEEr' OF Z IDIW 1JIi1II1.J/E Z !i " I I -'-lii-w-an . . Inc. CngInBtlfing+PJonnlng+SllMyJng+Envlronmt1l1tol 203S VISTA PAlllCWAY, SUI1E 10G fGT PAIJI BEACH, Fl. ~1' (888) 11011-2220 ~ (S8'l) 187-111D fm< CERT No. - I.B No. 7lI55 JACI(SDN'IIU.E - CIRLANIlO - PDIlr sr. WCJt - TIJIPA _WlllltmCll"""",,CClITI oESCIfIPiIDN It SKErCH PREPARED FOR: THE crrr OF Bl1'IN1ON ~ FU1R/lJ4 , WIOS POl / I fNBg"9'SfT. , (o.R.B. 1J1J01, PO. "S1-mS:r./,..s.c.R.) I f2.64' / / I I -------------------- t.-/ /----- ~ ~lJNE t-~- Iti ,,00IID' N 'I - II: / "7 ~ ~% -0 / / ~~ il~ " I It' ~~ - , '. / I W ...... ,". ,.,. "I /y I I , \'sIlt I !, ...:. / I~ /." ! ~ ~ ~ / f.~ / 1; i if ~ I!~/ tl'h~~ :.~m;:,~ S:~ 1%tR.) / ~ j~ I I .. } .. .: i ! k '~($ . ., ! i I .11& ~ " .. 1li . I 6.1i ~ f / Ih !d t; I !.V ~ / I.~. 5 . Ifi/fJ ,I I~:t Ii NOWnf/~ IN D I ' I I L SS2"2D'oz'W LEGEND' . . . 2O.ru' ' _________-1._______ S172D'f}"W D.ltB. . DffI#It1f R-* .. . 4. P.II.CJI.- Palm ,..,.", ClIunIy Rttoofrb Ie ! P... "" """ """" I SB9'2!J'D8"\V PG. .. 1'rtp I lAKE WOFmf DRAINAGE: OISfRICT t2.5" ~ .. 1iJIM-ttf-Way LA7m4L C4NAL L-JO I I DAm REIf51DN: 1m (NOT A BUlI.V1/Y-D88CRJPf'JON AND BJm'Cll ONLY) l!l 047E' tUID/l1B JOB 4117''",01 5 SHEET 2 OF" Z DIlI1 161D1..JZ I 1l Page 6 of8 EXHIBIT "B . -.._---<" ---- . Wantman Grou InC. ~~_.- . EngInBf/rlng+Plannmg+Surwling+Envlronmentat ZD35 \15rA PARlCWAY. SUI1E 10D WEST PAUl BtACIl, FL 33411 (Bs&) BDIH!220 ~onB (581~ 887-1110 lax CERT No. 8 - La 0. 7DS6 JACKSONVIUE - DRLANDO - PORT ST. Welt - TAlI?A wn._tmonll"lltlP>oom DESCRJP11DN II SICETCH PR!PARED FQR, THE CITY OF" BOYNTON BEACH, Fl./JRJDA LEGAL DESCRIPTION: Tmnporary Construction. Easement A 40.00 foot wlde .trip of land lying In a porllon of SectIon 5, Township 46 south, Range 43 Eallf, Palm Beach County, Florida and being a parllon of MONTEREY'BAY, A P.U.D.; aacordlng to the Plat therso" aB lTIOorded In Plat Book 104, at Page B2 through 88 InaluBNe, Df the Publlo Reoords of Palm Beach County, Florida, and beIng mcrs parllaulariy desariblld as follows: BEGINNING at the Northeast oomer' of sold Pial, saId point, being Ihe POINT OF BEGINNING; Thenoe SouIh 17'S9'52- West along th" Eamrly IIn" Df said Plat and also the Wetlferly right-of-way Une of the Seaboarrl Coast Une Rallrood, for 584.55 feet, /IfIld poInt beIng on the North righl-of-way On" of the Lake Worth DraInage Dlefrlot Loferal-SD Canal as shown on eald Plat; Thenoe '" d,parllng sold Easferly and We:derly One South 89'29'OS. West a/on11 sold North righl-of-way - "nfl, for 42.10 fHl, safd PDlnt being an a One 40.00 feet We:d of and parallel wRh aforeBald Eamriy One of Bald Plat and WlIlIterIy righI-of-Way line of said Saa.boarrT Coast Un. Raflraad; Thllnt:fJ dllparllng afors/lflld North right-of-way Ilnll North 17'39'52~ East along lIald parallel Ilnfl, for 584.43 feel, IIQld poln' being tin a Norlh IIntl of. said PIal;: Thenoe departing Bald parallel Une Norlh 89.,,'51- Eas' along Bald North line, for 42.14 fHt to the POINT or BEGINNING. Subject to exlsllng easements. rights-of-way, oovrmanfs, rsservallon!l and ",striot/ons of fY1OOrd. If any. Sold landl1 lyIng and slfuate ln Palm Beaoh County, Florida. I :i ~ - (NOT A SURV1fY-DESCRIP'I'ION AND SKE1r:H ONLY) 6j ~ SURVEYOR'S NOTES .l. I. IJNUSB IT /IElII5 TIlE _ _ THE IIII/IlMI. INiED II. _ GIIlIlIP, INC.. CI!RII1Ir:1ffG OF AUIHDIIJDII1()/ No. ~ ~I .ssv. OF II II.IIMIM IJI:tNSlD SIIMJlIIf _ IIAPFIR EJI1IIllW1J BY, ' ~ IS ISSf/ID Br THE RlIIIID4 f1l1WfI1IFHr OF BIISINESS '" ~"'~~IS~~~FllI1" AND PI!IJIGSIDNN. ntrmJlAIIaN. ~ DEI.E1IDIIS WI SlIIMI" IW'6 CII Rf1IOIl1S Br r1IHIR JIWI TIlE CERTJFJCATlON: r Slr1NINtItwm' CII IWIIIES IS I'tffJHIt/1IED fIIIHQI/r WRII1EN r:oN5EHT OF TIlE li1QNIit1 _ OR Il4IlIa I 2. lANDS _ HDIBJH _ NrJr _ I1r 'tfNmWI ~~'::,u:.~~~~~""'~ r-".,v. i lHIIIP. w=. 1f1R, _ AND 1IJl1HI1I-.fJF-ftA'f OF IiR'llRJ:\ .,. --.~~,..""". -", & DIIlI tiHIlriN IBIliDN IlIIS CGIII'IIBlRdl ITfHER ~. .' "/to e1Dti'-C,""" IN!11IfIIJIEN1S AND /IQES NUl" ~ II REUJ SlI/II'EY AS SIICH. . ,.' ,.,,' . ' ChI1/JIr 7Z.1l27 _ __ II 1 ... _ _ ON NI_ IIEMlM1 MJJNfJ THE RS7ERt'f ""The1/m1:, I RIOHT-tJF-IfII'f IJNE OF JIll: IllUllWlIJ CGIST 1M ~ !PVIl _~/nr:. I IJNE _ SfJIIfIII7.DV' war AND AU. f1I/fE1/ _ j _ HE1IEDN ARE /lE1A1II'E _ ~ Q4Ja REVISION: BY: Ii! is OF1'1CE ~ JOB fQ76B7.0r a I CHD:KED SHEET" DIm Btm11..JJE Z-TEJIP ~ -- EngInBering+Plannlng+SufW)Ulg+Envlronmt1l7tal ~ V1S'D. pARKWAY, SUI1E 100 YEli1' PAUl BEACH. F\. 33411 (181) 8DtH!22D.r...... (5I'~H7-1"D flllC CERT No. 81 - LI 7lI55 .lACKSON\IIUE - lJRl>>lDO - PDRT ST. WClE - TAMPA www.'IIlIIIlmangraup.oam 11/8V19'S1"E '1 2 d ~ d ::i' i ll: Iii: ~ - ~IC - I .: .. i .. fii l .. ~ ~ LEGBND: I Q.R.& _ 0ffI01ar Re-* IIHIt . P.&e.R.- I'lJ1m ".,., ~ .-* P.& .. ",., """" I'rJ. .. /'rip , 1t/W .. RltlIll--af-WrI1 ! LAK! WOIfTH DRAINAGE O/STRIr;T i LATERAL CANAL L-JO r lMJEl REVl!JIQN: I1'f: (NoT A 'SUmTr-1JEBCRIPTrON BD SJaf'C1I ONLY) '!I onir:E ~ 0.J,i:29/l)r JOB 407Br7.0t a CHECKED SHEET II OF' II owr: ..mulE ~TEIIP Si Page 8 of8 PAGE 2.~ ' KCVD Aii0i15i2003 '10:32:23 AM [Eastern Dayii' ,.,.. l' S'vRFTLFAJJi' DNIS:40u'I' CSiU:S544oi3129 , DUKAiiON I""'" ',.40 ", THIS rnSTRUMENT PREPARED BY I RECORD AND RETURN TO: Geoffrey S. Mombach, Esq. -----.. Mombach, Boyle & Hardin, P .A. 500 East Browarcl Blvd., Suite 1950 Fort Lauderdale, Florida 33394 Property Folio No. 08-43-46~05-00-000-7011 SPECIAL W ARR.ANTY DEED . , ~ THIS INDENTURE is made on the .J..fL day of October, 2003, from Congress Industrial Park, L.C., a Florida limited liability company, whose post office address is 6530 West Rogers Circle, Suite 31, Boca Rato~ Florida 33487 C='Grantor"), to WESTBROOKE HOMES, a Florida general partnership~whose post office address is -1860 Old Okeechobee Road, Suite 503, W~sL Palm Beach Florida 33409 ("Grantee"). WITNESSETH: That Grantor, for and in consideration of the sum of TEN AND NOI100 DOLLARS (SI0.00) and other good and valuable consideration, in hand paid at and before the sealing and delivery of these presents, the receipt and sufficiency of which are hereby acknowledged, has granted., bargained, sold, alienated, conveyed and confirmed and by these presents does grant, bargain, sell, alienate, convey and conftnn. unto Grantee, and its successors and assigns, all that tract or parcel of land described on Exhibit "A" attached hereto and made a part hereof together "With all and singular the rights and appurtenances belonging or in any wise appertaining thereto (the "Property"). This Deed and the warranty of title contained herein are made, and the Property is conveyed, subject only to the items set forth on Exhibit "B" attached hereto and made a part hereof (the "Permitted Exceptions"), and only to the extent that such Permitted Exceptions are valid, subsistent and, in fact, affect the Property. TO HAVE AND TO HOLD, subject as aforesaid, the Property, llilto Grantee <md Grantee's heirs, executors, administrators, successors, legal representatives and assigns'forever, and Grantor does hereby bind Grantor and Grantor's heirs, executors, administrators, successors, legal representatives and assigns to WARRANT AND FOREVER DEFEND all and singular, the Property unto Grantee and grantee's heirs, executors, administrators, S1.lccessors, legal representatives and assigns, against the lawful claims of all persons whomsoever, by, through or under Grantor, but not otherwise. The words "Grantor" and "Grantee" include all genders, plural and singular, and their respective successors and assigns where the context requires or pern1its. rAGE JJa' RCVO Ai'IOi"l51200j W:32:23 AM [EastemDa~i";.r .,. SYit:FlliAXii' DNIS:4001 'CSiO:95446i312S' DURAiiOl~.imlf1' . ~740 ~oo:) ! .' , . . IN WITNESS WHEREOF. Grantor has signed. sealed and delivered this Deed on the day and year first above written. WITNESSES: GRANTOR: CONGRESS nmUSTRIAL PARK. L.C., a Florida limited liability company CONGRESS 33. lNG.. a Florida corporation. . s Member . .. . -... _.~-..... . '. -, ~ . = - Print Name: By: L.G. INVESTMENr GROUP. L.C., a Florida limited liability company, its Member STJ Management its Manager .. By: Sean Leder, President ~. Print Nanle: ~U'1'l riA ~. (;,'/iJ:i.rll.-h' [Acknowledgements on the following page] PAGE 4/'6' KCVD AT IOii5J200j 10:32.23 AM [Eastern Dai"^' - ,1' SVR:FTLFAXJi' DNIS:.:w I' CSiD:95446i31~' GURATiONi",m "'(-40 STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH I ) </-1...- The foregoing instrument was acknowledged before me this .J.[L day of Gc:J-o~,v . , 2003, by Eric Wol~ as Vice President and on behalf of Congress 33, Inc., a Florida co~tiOn, the Member of Congress Industrial Park, L.c., a Florida limited liability company, who is personally known to me or 0 who has produced a driver's license as identification and who did/did not take an oath. -~~2~ .~~_ BEUNOAR.GIUBERTI NOTARYPWLIC ff.:;aJ~ MY COMMfSSION , DO 057423 .:BaJ; f\ do.. . Cr; / i htt-J./' \ ~ EXPIRES: SeplBmber 17, 2005 - .u," BondcdTh\l~NlIi:~ Typ ed "or printed name of Notary My commission expires: ~f!?.tr1b1?r J ~ ~o~ Serial No., ifany: 1>1) 0574~3 ~ - - STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me rhis JJi!! ch y of ~~ba-;/ .J 2003, by Sean Leder, as President and on behalf of STJ Management Inc., a Florida corporation, the Manager of L.G. InvesDllent Group, L.e., a Florida limited liability company, the Member of Congress Industrial Park, L.e., a Florida limited liability company, rV who is personally known to me or 0 who has produced a driver's license as identification and who did/did not take an oath. <:..= ~"L ~ :i;'~\~ BEUNDA Fl. GIUSEFlT1 NOTARY PUBLIC -:&Ji (l cLa. R. [.,.; I .. ~.v..J./ t€~ MY COMMISSION' DO 057423 <~''''''w;-f EXPIRes: Septsai:ler 17, 2005 Typed or printed name of Not at)' , _ 'fJ:.,..... llQnclokITI1nJNotIrypubfil:Ulldo!r"!iIee My commission expires: ~t'~1't1 h,y I 7 ,<;:,\006" SelialNo.,ifany: DD0574.;;2..3 ,- N:\OSM\WOLF\Congr~ss Indu~uinll'urk\JPf SALE\Decd2,doc PAGc5iB. RC'vD Ai10i15iL00j1O:3L:23AM iEasiernOa'." ',; ~ p SVR:FTLFAXlio m~iS:400 I' CSiD:S5446i3I29' OURAilOlr'-"'l' ' ~~-40 [J]oo~ , . I EXHIBIT A Legal Description A parcel of land in a portion of the Southwest (SW 1/4) of Section 5, Township 46 South, fumge 43 East, Palm Beach County, Florida, being more particula:dy descnoed as follows: commencing at the Southwest comer of said Section 5; thence run North (the West line of Section 5 is assumed to bear North-South. and all other bearings are relative thereto) along the West line of said Section 5, a distance of 110.00 feet to a point; thence run South. 89 degrees 48 minutes 45 seconds East, a distance of 53.00 feet to a point on the East right-of- way line of Congress A venue and the Point o~ Beginning of the herein d~bed parcel; thence continue on the preceding described course, a distance of 1460.21 feet to a point in the Westerly right-of way line of the Seaboard Coast Line Railroad; thence run North 18 degrees 21 minutes 59 seconds East, along said Westerly right-of-way line, a distance of 607.01 feet; thence North 89 degrees 58 mfuutes 02 seconds West, a distance of 891.35 feet; thence North 00 degrees 01 minutes 58 seconds East, a distance of 390.75 feet; thence - North 48 degrees 35 ~1Jtes-55 seconds West, a, distance of 407.05 feet; thence North" a . distance of 232.00 feet; thence West, a distance of 455.00 feet, more or less, to the said Easterly right-of-way line of Congress Avenue; thence South along said right-of-way line. a distance of 1463.76 feet to the Point ofBevnn1ng. Said parcel subject to the following: LESS AND EXCEPT: A right-of-way over the Westerly 80 feet of the Easterly 190 feet (as measured at right angles to) thereaffor the Lake Worth Drainage,District Canal No. E-3-1/2, as recorded in Official Records Book 1803. at Page 254, of the Public Records of Palm Beach County, Florida. FURTIffiR LESS AND EXCEPT Right-of-way for Congress A venue conveyed to Palm Beach County by Deed filed in Official Records Book 5430, at Page 1725, and as described in Order of Taking filed in Official Records Book 7322, at Page 262, of the Public Records of Palm Beach County, Florida FURTRER LESS AND EXCEPT The property described on Exhibit "A-1" a.ttached hereto and made a part hereof. N:\GSM\WOLF\Congres~ Indu.'>trial Pork\JP1 SAL"E\EXHIBIT A,doo PAGt olB' KC'VU Ai 1011512003 '\O:j2:23 AM [tasiern D~" '".' - . ~. 5\f'K.FILFAXR' DNiS:400\' CSiD:9544o;3129' DURAii01': !~''1 '"'-40 EXHIBIT A-I ---:.'J i33 NORn1 FEDERAl HIGHWAY CONSULTING ENGlNEERS 6: lMD SURVErORS BOCA RATON, FlORIDA 3: lONE : (561) 395-3333 UCENSrn BUSINESS I LB 50 FAX : (561) :S95-~ LEGAL DESCRIPTION SIGN-PARG-Et.-FSR BILL-BQAR-9 --------.,-. A PORTION OF SECTlON 5, TOWNSHIP 46 SOUTH, RANGE 43 EAST PALM BEACH COUNlY. FLORIDA A parcel of land lying in Section 5, Township 46 South, Range 43 EClst, , Palm Beach County Florida, said land being more particularly descrIbed as follows ; COMMENCING at the Southwcst corner of said Section 5; THENCE with c beoring of N.OO.OO'OO"E. along the West line of said Section 5. for Q distance of 110.00 feet to e point; THENcE with a bearing of S.69.48' 4S"E. along a line lying 110.00 feet North of ond parallel to the South fine of aoid Section 5. for Q di:stcncB of , 397A.3 feet to a point: THENCe with a beoring of N.1 fr21'S9"E., along the East line of 80 foot right-of-way for Loko Worth "Drainoge' Distj-ictCoi-icl No', E'-3-l/2 a's 'recorded in Offidcil Reco-rds'136'ok' 1'803. Pogs ZS4 of the Public Records of Palm Beach County, Florida and also thB West line of "0 foot Floridq Power ond Ught. Company eosement os rece>rded in Officiol Record:5 Book 602, Page 623 of the Public Records of Palm Beach County, Florida, for a distance of . , 58.79 feet to the POINT OF BEGINNING; THENCE continue with 0 beoring of N.18'2.1 '59"E., olong the East line of said 80 foot righi-of-way for Loke Worth Drainage District Conal No, E-3 1/2 and elso the West line of said 1 10 foot Florida Power and Ught Compony easement. for 0 distance of 26.53 feet to point; THENCE ...,tth a bee ring of S,63'ZS'OS"t::., for a distance of 32.~ feet to a point; THENCE with a bearing of S.' Z 34'2,B"W., for Cl distance of 9.58 feet to a point; TI-lENCE with (J bearing of $.8749'54 "W., far 0 distance of 35..32 feet, more or less, to the POINT OF BEGINNING. CONTAINING 590 squore feot (0.014 acres), more or less, ond SUBJECT to eosements, reservations, restrictions ond rights-of-woy of record. LJR 9-19-03 SEE SHEET 1 OF 2 FOR Drol'rn By Dote SKETCH OF EASEM ENT_ Chock,,<;t By --.JIt/i)r F.B. .-==...Pg. - Scole Not to scale Job ~o. JG-l00-8S95 She,,! 2 of 2 ~/.: Q/''''0 I - - -./"./ .-.--- - rAGE i~' RCVD Ai 10i\5,,00j 10:32:23 AM [tastern Dayu,ahl-' ..,r SVK:fiLEw;' DNIS:rlOO1' CSiD:95446i3129" DURAiiVNilll(ll.-\"~!..ro l;Z] 00 j I, J . . :~ ~ " . .. jUHN A. GRANT, JR., ING. S l-loRTI-I FEDE:RAL HIGHWAY CONSUl~ ENGINEERS ~ LAND SURVEYORS SOD. RATON, FlORl~ J.:l lvNE: : (581) :595-3.3:53 t.JC:€NSEO eUSlNESS I La 50 FA)( : (san 395>-;3 SKETCH OF SIGN PARCEL A PORTION OF SECTION 5, Sl PALM BEACH COUNTY, FLORIDA ~ ~' PROPOSED ;~ NOTE: SIGN PARCEL ~~ BEARINGS SHOWN HEREON ARE BASED ON ~t..u N A BEARiNG OF" N_OO'OO'OO"E. ALONG THE ~ e" WEST LINE OF SECTION 5. TOWNSHIP 46 I I _~ . SOUTH, RANGE 43 EAST. PALM BEACH J I tn COUNTY. Fl.ORIDA. I I 5 -x.. /. I-. S6'J'- 1= 5 / THIS )S A NOT SURVEY. ~,.., .3<<aOfS~ fd ~ I J.:::. r:v If? . 'tot ' f.; tI) I I ~ ;....CO J s ...... '" / e~l) I; S87-49'5f"W / I >... ~ r:v ~. , i~ .,...,~.35.32. ~ ~. I ,~ I os: ;;:: '\.. '1:!1 I~ ".... I ( / = -~ ~......~ 110 ......"co 'q I /5 '"J (:)' ~ POIN]- ~ ~ ,0 Ii I Q:: kr BeG/iv Or ~ 0). / 0: I ;J: l.iJ I~ NING - l:::d J..:.. J.;:. -... II.() '" I ~ ;J:: t:C . '-~ .. ~ (jO~~ Ie:; 17 / ~ ~ ~ - I~ J:'A"'O.Oo' ~ ~ ~ - ~~, ~ - ~ 'S: 0:1' <- O.R, c7Vr p..... I:::; € oq" < Qf I Pci8. 80 'e/T I -.J (J c::i / . S~:J '<, / ~ 110 --~.....- ...-------- 0: 1 I. I W 60.00' II i Q ~ 0 - se9.48'4-5~Et39i:--43.:::::fL--------- ~ wE:f. % - 0 ~ ~ ~ ~ ~ ~cn LAKE WORTH DRAINAGE ,~ (() :: ~ ~ 4(J)~ 'I f~ DISTRICT LATERAL 1 V, r.n I~ 8 IJ~~L::J ~~ CANAL L - 30 w 0 l/io I' a::: 0 L.. \.U~CL~ I ,....0 (!) b 0 ~u:c I xC) Z 0 )- :J:: L....ttn UJ I Q l.L.. J. . I' Z VlZ" 0::...... ~--!) i!i::;: >- ~ ~ SEE SHEET 2 0'" 2 FOR a. (f)OF-O:: 1 ~9~ LEGAL DESCRIPTION. '. .----_..L-.._. . _~ . I . .:' _ Orcwn By UR Dote 9-19-03 REVIEWED AND APPRDVED -.' '.. Ch~k.. By .Jf/t;Y f.e. ~p.. 5. .~~ .... ~Yv Seal" 1- = SO' Job /1'10. .rG-1oo-8596 FR DERI~EHMAN ". Sh~et-'-or-L V'RG. o/'9/V PROFESSIONtl,L LAND SURVEYOR NO. 430~ ,..................- __ _I __.._ . PAGe Ol~' RC'vD AT "!OiI5i200j\O:j2:23 AM ii:astern Dayiinr,1 ~' 5VR:FTLF A'iJi' DNiS:400'1" CSiD:95446i3129' DURAiiON Imrn '~.40 - . EXHJBlT "B" PERMITIED EXCEPTIONS 1. .AIrj li~t.. title 01 illt~rainage-Distz iet ~"Iuul;d pUl1>Ut:l.J\t to --.- Chancery Case No. 407, portions of which are recorded in Official Records Book 6495, at Page 761, and Official Records Book 6495, at Page 1165. including, but not limited to, the right of way of Canal E 3 1/2 and Canal L-30 as shown on maps referred to in Affidavit recorded in Official Records Book 1732, page 612, and as described in Deed Book 118, at Page 518. 2. Easement granted to Florida Power and Light Company filed in Official Records Book 602, at Page 623. 3. Deed of Conservation Easement filed February 27, 2002 in Official Records Book 13453, at Page 1689. 4. Easement Agreement dated August 26, 1999 between Congress lndustrial Park, L.C. and S and S Investments recorded in Official Records Book 14126, page 1807. ,- , - - ~~ ~.-.. --' 5. 111e following matters sho'wn by survey prepared by Frederick M. Lehman for JohnA. Grant, Jr., Inc., Job No. JO-100-8596 dated February 21,2001, to-wit: (a) slough area at south end of property (b) traffic control devices along west property line (c) 4 foot chain fence and metal post lying across north property line Cd} siamese hydrant atong east property line (e) 7 foot. concrete block wall and dumpster pad lying within subject property and in adjoining property on east side 6. Access Easement Agreement dated as of October 10, 2003 by and between Westbrooke Homes, a Florida general partnership and Congress Industrial Park, L.C., a Florida limited liability company to be recorded in the Public Records of Palm Beach County, Florida. 7. Temporary Sign Encroachment License Agreement dated September 17,2003 by and between the Lake Worth Drainage District, a Special Taxing District in the State of Florida, Congress Industrial1='arlc, L.C-, a Florida limited liability company, and Gold Coast Advertising, Inc. to be recorded in the Public Records of Palm Beach County, Florida. NOTE: All of the recording information contained herein refers to the Public Records of Palm Beach County, Florida, unless otherwise indicated. N:\GStv!\WOlF\Col1g(ess Industrial P:\rk\J!'! SALE\Pcrmiti~ Exceptions to Deed.doc Page 1 of 1 .' Fleming, Donna From: Tom Quinn [TQuinn@TheFund.com} Sent: Wednesday, October 15,20038:35 AM To: Fleming, Donna Subject: RE: Please have them supply an accurate survey drawing depicting the overlap. ---Original Message~-~ From: Fleming, Donna [mailto:Donna.Fleming@ruden.com] Sent: Tuesday, October 14, 20033:06 PM To: Tom Quinn Subject: I just spoke to the attorney ~ they were aware that the legal doesn't map o~t - they are fine willi you reflecting more than one owner of that legal description. They just need the report reflecting that description. Does this help? ~ Donna J. Fleming . - -=:,- . ~ - .. Paralegal. Tel: (954) 761-2955 Reply to: donna.neming@ruden.com lRuden 4( McClosky 200 E. Broward Blvd. Suite 1500 Fax: (954) 333-4155 Ft. lauderdale, FL 3330 NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attaclunents to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents ofthi~ message or any attachments may not have been produced by the sender. 10/15/2003 VI.-CONSENT AGENDA ITEM C.S CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 19, 2008 August 4, 2008 (Noon) o October 21,2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20,2008 (Noon) D September 16,2008 September 2, 2008 (Noon) [gJ November 18,2008 November3,2008 ~oon) D October 7,2008 September 15,2008 (Noon) o December 2, 2008 November 17, 2008 (NoOltb C') o=i Q) ~ 0 -<list n 0 Announcements/Presentations [gJ City Manager's Report -t n"'" Coo) r-lX) 0 0 0 !Tic NATURE OF Administrative New Business ::G-< AGENDA ITEM 0 0 :J:Ia ~iZ Consent Agenda Legal cn-i :x . 0 0 Unfinished Business - Code Compliance & Legal Settlements Ii? 0 Public Hearing 0 en (..lIlt ::z: RECOMMENDATION: Motion to authorize and execute by resolution a Right-Of-Way Consent Agreement between Florida Power & Light (FP&L) and the City of Boynton Beach in support of the City's construction of the new regional force main. EXPLANATION: In 2007, the City issued task order U07-20-1 to the Wantman Group, Inc. (WGI) for the new regional force main route selection, detail design, permitting and bidding phases of the project. Once the force main route was identified and confirmed the acquisition of easements, permits and agreements began and the new force main design has now progressed to the 90% stage. Currently, the project is in the permitting phase and permits/agreements have been issued by various agencies. The agreements allow the City to access the pipeline corridor for the construction of the force main and it's components and commits the City to restore the FP&L easement to it's pre-existing . conditions and to maintain the force main and it's components. PROGRAM IMPACT: The FP&L Right-Of-Way Consent Agreement is necessary to allow the City to construct several portions of the new regional force main in an existing FP&L easement. In addition to this FP&L Right-Of-Way Consent Agreement, the City is seeking similar Agreements with the property owners, these are: Standard Pacific of South Florida Bethesda Healthcare Systems, Inc. Santa Lucia Holdings, LLC Palm Beach County (Caloosa Park) S :\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM All easement acquisition activities are being performed by the City Attorney's office with technical support and project management provided by the Utilities Department. FISCAL IMPACT: The FP&L Right-Of-Way Consent Agreement contains the provision for a non-refundable fee of $10.00. The City's fee check will be included in the signed packages issued to FP&L for their final execution. The fee will be paid from Utilities account #406-5000-590-96-03 SWR114. ALTERNATIVES: Although there are alternative force main routes available, the one selected is the most direct and will provide the City with the most cost effective construction option. Therefore, the FP&L R' i-Of-Way Consent ~greement should be a,thorized. K (' ' " ~'--- - '--I-- I J-, . ... !i' ........,; , ~. ~~'-:"'~/ /.kwn~~,>,__.'m~ Ko Boateng, P.E. City Manager's Signature Utilities Director Assistant to City Manager ~ Utilities Department Name City Attorney / Finance bcMeter Mazzella, Deputy Director, Utilities ~Paul Fleming, PMP, Sr. Project Manager Chris Roschek, P.E., Engineering Division Manager Karen Riseley, CPPB, Contract Administrator Barb Conboy, Manager Utilities AdminIFinance Project File S\BULLETIN\FORMS\AGENDA lTEM REQUEST FORM.DOC r' I 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING 5 EXECUTION OF A RIGHT-OF-WAY CONSENT 6 AGREEMENT BETWEEN THE CITY OF BOYNTON 7 BEACH AND FLORIDA POWER & LIGHT, IN 8 SUPPORT OF THE CITY'S CONSTRUCTION OF THE 9 NEW REGIONAL FORCE MAIN, AND PROVIDING 10 FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, in 2007, the City issued a task order to the Wantman Group for the new 14 regional force main route selection, detail design, permitting and bidding phases of the 15 project; and 16 WHEREAS, the attached agreement with Florida Power & Light, allows the City to 17 access the pipeline corridor for the construction of the force main and it's components and 18 commits the City to restore the Florida Power & Light easement to it's pre-existing conditions 19 t land to maintain the force main and it's components; and 20 I WHEREAS, the City Commission upon recommendation of staff, deems it 21 appropriate to approve and authorize execution by the City Manager and City Clerk of the 22 IRight-of- Way Consent Agreement between the City of Boynton Beach and Florida Power & 23 Light. I 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 !i ! I, I II 28 . /hereof. i I I 29 Section 2. The City Commission of the City of Boynton Beach, Florida does i I j 'S:\CA\RESO\AgreementMccess Easement-FPL -RFM.doc ] ; hereby approves and authorizes the City Manager and City Clerk to execute the Righhd. \\ ~l\ , Consent Agreement Between the City of Boynton Beach and Florida Povver & Light. In - 3 support of the City's construction of the new regional force main. a copy of which is attached 4 I hereto as Exhibit "A", 5 Section 3. This Resolution shall become effective immediately upon passage, 6 7 PASSED AND ADOPTED this day of November. 2008, 8 9 CITY OF BOYNTON BEACH. FLORIDA i 10 i 11 , 12 , Mayor ~ Jerry Taylor i 13 i i 14 15 II Vice Mayor - Jose Rodriguez 16 17 , I 18 I Commissioner- Ronald Weiland 19 20 I " 21 Commissioner ~ Woodrow L. Hav 22 ;" ~-' 24 Commissioner - Marlene Ross 25 26 ATTEST: 27 28 29 Janet M, Prainito, CMC 30 City Clerk 31 ", -)~ "" I .).) 34 (Corporate Seal) II i! I I I I ! ! '\CA\RESU'AgreementSlAccess Easement-FPL -RFM doc \ I , , This Instrument Prepared By: JOSEPH O'HAGAN - CRE/JB Florida Power & Light Company P.O. BOX 14000 Juno Beach, FL 33408 MEMORANDUM OF RIGHT -OF - WAY CONSENT AGREEMENT THIS MEMORANDUM OF RIGHT -OF - WAY CONSENT AGREEMENT dated this _ day of , 2008, by and between CITY OF BOYNTON BEACH, a Florida municipal corporation (hereinafter referred to as "Licensee"), and FLORIDA POWER & LIGHT COMPANY, a Florida corporation (hereinafter referred to as "Company"). WITNESSETH: WHEREAS, on the _ day of , 2008, Company and Licensee entered into a written Right-of-Way Consent Agreement, hereinafter referred to as the "Agreement" related to certain property situated in the County of Palm Beach, State of Florida as more particularly set forth in said Agreement and described in Exhibit "A" attached hereto and made a part hereof and hereinafter referred to as the "Lands", and WHEREAS, the parties are desirous of placing their interest therein as a matter of public record. NOW THEREFORE, in consideration of the mutual covenants herein contained and the parties intending to be legally bound thereby, the parties hereto agree as follows: 1. The property described in Exhibit "A" is subject to three Easements favor of Company recorded in OR Book 602, Page 633, OR Book 605, Page 739 and OR Book 678, Page 99 of the Public Records of Palm Beach County. 2. The Agreement provides, among other things, Licensee's right to construct certain improvements upon the Lands including, but not limited to, construction and installation of a twenty-four inch force main, subject to certain conditions and restrictions. 3. The Agreement is assignable to purchasers of all or a portion of the Lands provided that the purchasers assume the obligations under the Agreement and specifically acknowledge and agree that the use of the property and improvements to be placed on the property are strictly limited to those depicted on a certain plan of improvement and are otherwise subject to the terms of the Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement on the date hereinabove written. Witnesses: Company: FLORIDA POWER & LIGHT COMPANY a Florida corporation By: Signature Its: Corporate Real Estate Area Manager Print Name: ], T. Corson Name (Print): Signature Name (Print): Licensee: CITY OF BOYNTON BEACH a Florida municipal corporation By: -- Signature: Its: City Manager Print Name: Kurt Bressner Name (Print): Signature: Name (Print): Acknowledgments on following page State of Florida ) )ss: County of Palm Beach ) On this day of , 2008, before me, the undersigned Notary Public, personally appeared J. T. Corson, Corporate Real Estate Area Manager of FLORIDA POWER & LIGHT COMPANY, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so. In Witness Whereof, I hereunto set my hand and official seal. (seal) NOTARY PUBLIC, STATE OF FLORIDA Print Name: Commission No.: My Commission Expires: State of Florida ) )ss: County of Palm Beach ) On this day of ,2008, before me, the undersigned Notary Public, personally appeared Kurt Bressner, City Manager of the CITY OF BOYNYON BEACH, a Florida municipal corporation, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that he executed the same on behalf of said municipality and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (seal) NOTARY PUBLIC, STATE OF Print Name: Commission No.: My Commission Expires: ASEI Agreements/ Right-of Way Consent Agreement Form Line Name: Cedar-liermantown i,~ f:" Structure No.: II OC 1-1 08C Section, Township, Ran!,!e: Sections Sand 8. '!OW11ShlP 465, Range 43l:. RIGHT-OF-W A Y CONSENT AGREEMENT FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address)s P.O, Bo:-. 141J1J(. Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department, hereinaftcr referred to as "Company"" herd1\ consents to CITY OF BOYNTON BEACH, a Florida municipal corporation. whose mailing address is 124 Las! Woolbright Road, Boynton Beach, Florida 33435, hereinafter referred to as "Licensee". using an area within CompaJl\ , right-of-way granted by that certain easement recorded in OR Book 602, Page 623, and that certain easement recordec: in OR Book 605, Page 739 and that certain easement recorded in OR Rook 678. Page 99 of the Public Records ofl'all1 Beach County, Florida. The said area within Company's right-ot~way, hereinafter referred to as "Lands", I' !ll(Y,' particularly described on Exhibit "A" attachcd hereto. TIlc use of the Lands by Licensee, shall be solely for the PUlF'Sl of landscaping and installing a twenty-four (24) inch PVC force main pipe crossing as shown on the plans aI',,: specifications submitted by Licensee, attached hereto as Exhibit "B". Licensee will also use an area forty (40 I feeT width in Section 5 as showll on Exhibit "C" on a temporary basis for staging the construction of the force main In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Do liar, and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacv of which is hcreh acknowledged, the parties hereto agree as follows' 1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee doc:; not own said Lands; to obtain any and all applicable federal, state, and local permits required in connection with Licensee's use of the Lands; and at all times, to comply with all rcquirements of all federal, state, and local laws. ordinances, rules and regulations applicable or pertaining to the use of the Lands by Licensee pursuant \(, thi, Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notif)' its employees, agents, and contractors accordingly. Company specifically reserves the right to maintain its facilities located on the Lands; to make improvements; add additional facilities; maintain, construct or alter roads; maintain any facilities, devices. or improvements on the Lands which aid in or are necessary to Company's business or operations; and the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and interest.. Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities and equipment, including parking spaces and areas, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, from properly and safely constructing, improving, and maintaining its facilities Licensee agrees to relocate, alter, or Temove said facilities, equipment, parking spaces and areas, and othCI improvements within thirty (30) days of receiving notice from Company to do so. Such relocation, alteration, 01 removal will be made at the sole cost and expense of Licensee and at no cost and expense to Company; provided however, should Licensee, for any reason, fail to make such relocation, alteration, or removal, Company retains the right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. , Licensee agrees that it will not use the Lands in any manner which, in the opinion of Company, Illa\ tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 10] (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be placed on, under. transported across or stored on the Lands, which restricts, impairs, interferes with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and expense, correct such condition or simation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof. Licensee hereby agrees to indemnify and hold hannless Company from all loss, damage or injury resulting fTOm Licensee's failure to comply with the provisions of this Agreement. 4, Licensee hereby agrees and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen ( 14) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the Lands by Licensee as provided herein, shall be made which will result ill preventing Company access to its facilities located within said Lands, Unless otherwise provided herein, Licensee agrees to maintain a forty (40) foot wide setback, twenty (20) feet on each side, from Company's facilities. S. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not 1" exceed, at maturity, a height of fourteen (14) feet above existing grade, Licensee hereby agrees to maintain the height of all vegetation on the Lands at a height not to exceed fourteen (14) feet above existing grade. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height 01 fourteen (14) feet above existing grade and all poles or standards supporting light fixtures are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed o( a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed Page 1 ()7 within or across Company patrol or froger roads and underground systems crossing said patrol and froger roads are to be buried at a minimum depth of one (I) foot below existing road grade. 8, Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use all safety and precautionary measures when working under or near Company's facilities, See also Notification ofFPL Facilities, made a part hereof and attached hereto as Exhibit "D", 9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of debris. Except as provided herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notifY its employees, agents, contractors, and invitees accordingly, 10, The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for its purposes, 11. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change, 12, Licensee acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes 768,28 and acknowledges that such statute permits actions at law against the Licensee to recover damages in tort for money damages up to the amounts set forth in such statute for injury or loss of property, personal injury or death caused by the negligence or wrongful act or omission of an employee of Licensee while acting within the scope of the employee's office or employment under circumstances in which Licensee, if a private person, would be liable under the general laws of this state of such liability, loss, cost and expense, 13. Without waiving the right to sovereign immunity as provided by Florida Statutes, Section 768.28, the Licensee acknowledges that it is self-insured for general liability under Florida sovereign immunity statutes with coverage limits of $100,000 per person and $200,000 per occurrence; or such monetary limits that may change and be set forth by the Florida Legislature, Licensee agrees to provide a statement or certificate of insurance evidencing such self-insurance, 14, This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety ( 90 ) days written notice by Company to Licensee, or at the option of Company, immediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein, 15, The use granted herein as shown on Exhibit "B" shall be under construction by Licensee within one (I) year of the effective date of this Agreement and the construction shall be diligently pursued to completion, Licensee shall give Company ten (10) days prior written notice of its commencement of construction, "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having Jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, clearing or grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two (2) months or more, Licensee acknowledges that failure to have the use under construction within the one (I) year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a mutually agreed upon time, Any request for an extension of time shall be submitted in writing by Licensee no later than thirty (30) days prior to the expiration of the one (I) year period for the project to be under construction. 16, The term "Licensee" shall be construed as embracing such number and gender as the character of the party or parties require(s) and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, including its successors and assigns, upon this Agreement being executed by Licensee and subject to no conditions precedent or otherwise, 17, Should any provision of this Agreement be determined by a court of competent jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining provisions shall not be impaired, In the event of any litigation arising out of enforcement of this Consent Agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including reasonable attorneys' fees. 18, Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of the company, which consent shall not be unreasonably withheld, Signatures on following page Form 3740 Rev. 10/9/95 Page 2 of 3 The parties have executed this A;:reement thIs da~' 0: Witnesses: COMPANY. FLORlDA POWER & LlCiHT COMPANY ~ ------~ By: ----- Signature: It,: Corporate Real Estate Project Manager Print Name: -_._------ Print Nanle: J T. Corson Signature: Print Name: ----- Witnesses: LICENSEE: CITY OF BOYNTON BEACH By: _..__.,-~-----_. Signature: Its: City Manager Print Name: Print Name: Kurt Bressner - Signature: Print Name: (Corporate Seali CCCIDGE 3740#RW, Con (4C " ~".-~ T'41' KPV Page i nf Florida Power and Light Right-of-Way Consent Agreement LIST OF EXHIBITS Exhibit "A" - Signed and sealed sketch and descriptions of the individual easements Exhibit "B" - Pertinent project construction drawings and Landscape plan Exhibit "C" - Caloosa Park Ingress/Egress drawing Exhibit "0" - FP&L Facilities Notification Florida Power and Light Right-of-Way Consent Agreement EXHIBIT "A" Exhibit "A" consists of the following original signed and sealed legal descriptions and sketches prepared for the City by the Wantman Group, Inc.: 1. Drawing 66701_UE 1 (2 sheets) 2. Drawing 66701_UE 2 (2 sheets) 3, Drawing 66701_UE 3 (3 sheets) 4. Drawing 66701_UE 4 (2 sheets) 5, Drawing 66701_UE 5 (3 sheets) mI En~:~;~~n~+~:~~~~r~~~;al 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fax CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wontmongroup.com DESCRIPTION Ie SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA LEGAL DESCRIPTION: Utility Easement A 12.00 foot wide strip of land lying in a porlion of Section 8, Township 46 South, Range 43 East, Palm Beach County, Florida and being a porlion of the lands described in Official Records Book 2101, at Page 417 through 418 Inclusive, of the Public Records of Palm Beach County, FlorIda, and being more parlicularly descrlbed as follows: COMMENCE at the Norlheast corner of said described lands; Thence Norlh 82"00'53" West along a Norlh line of said lands, for 14.20 feet to the POINT OF BEGINNING, said poInt being on a line 14.00 feet West of and parallel with the Easterly line of said described lands, said line also beIng the Westerly right-of-way line of Seaboard Coast Line Railroad; Thence deparling aforesaid Norlh line South 17"39'52" West along said parallel line, for 119.98 feet; Thence deparling saId parallel line Norlh 72020'08" West, for 134.04 feet; Thence Norlh 78040'42" West, for 38.59 feef; Thence South 89"59'06" West, for 153.93 feet; Thence Norlh 00"00'54" West, for 12.00 feet; T~ence Norlh 89"59'06" East, for 155.12 feet; Thence South 78"40'42" East, for 40.45 feet; ,ence South 72020'08" East, for 122.71 feet, saId point being on a line 26.00 feet West of and parallel with aforesaid Easterly line of said described lands and Westerly right-of way line of said Seaboard Coast Line Railroad; Thence Norlh 17"39'52" East, for 105.93 feet, saId point being on aforesaId Norlh line of said described lands; Thence deparllng said Easterly and Westerly line South 82"00'53" East along said Norlh line, for 12. 17 feet to the POINT OF BEGINNING. Subject to existing easements, rights-of-way, covenants, reservations and restrictions of record, If ~ C> any. C> C\j Said lands lyIng and sItuate in Palm Beach County, Florida. ""l .... ~ - (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) Vi ~ l::! SURVEYOR'S NOTES ~ -' 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5. WANTMAN GROUP. INC.. CERTIFICATE OF AUTHORIZATION No. f: <0 SEAL OF A FLORIDA UCENSEO SURVEYOR AND MAPPER EMPLOYED SY 7055. IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS <0 -- WANTMAN GROUP. INC.. THIS DRAWING. SKETCH. PLAT OR MAP IS FOR AND PROFESSIONAL REGULATION. .... INFORMATIONAL PURPOSES ONLY AND IS Nor VAllD. AOomONS OR C> ::: DELETIONS TO SURVF:Y MAPS OR REPORTS BY OTHER THAN THE CERTIFICATION: I SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRmcN .<:: CONSENT OF" THE SIGNING PARTY OR PARTIES. '" "" .Q 2. lANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTAIAN I HERESY CERTIFY that the ottached Description and Sketch is troll d' and correct to the best of my knowledge and belief and that it m""ts () GROUP. INC. F"OR EASEMENTS AND RIGHTS-OF-WAY OF RECORD. the Minimum Ttlchnical Standards set forth by the Florida Board of 5- 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER Profes$ional SUK'fIyors Ar,d Mappers in Chapter 61 G 17-6. Florida ~ AdmillistratA."tJ CrJdiJ. purs~Jant 10 Chapter 472.027 Florida Statutlfs. ,!!: INSTRUMENTS AND DOES NOT CONSTITUTE: A FIELD SURVF:Y AS SUCH. -- 9E:ARINGS BASED ON AN ASSUMED BEARING ALONG THE WE:STERL Y For The Firm: I It'Jntman Group. Inc. t<) IT-OF"-WAY UNE OF THE SEABOARD COAST UNE RAILROAD, SAID -I (j ~ .c BEARS SOUTH 1739'52- WEST AND ALL OTHER BEARINGS a SHOWN HEREON ARE RELATIVE: THERETO. p( -I DATE: 3 131 JD8 -- BY: DERt:~&4~ '" "" DATE: REVISION: BY: . ~ PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 5655 1 ~ OFFICE MRG ::::, DATE 03/28/08 JOB 407667.01 ~ C> a CHECKED SHEET 1 OF 2 -- DGZ owe 6670LUE 1 G -- --- lm En~:~;~:n~+~:~~~:ir~;';~;OI 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH. FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wontmongroup.com OESCRIPTlON c:t SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH. FLORIDA LAKE WORTH DRAINAGE DISTRICT LATERAL CANAL L-30 POINT OF __ _ -_ BEGINNING - -- - - - -- - -- - -- - __ _ S82'OO '53';: -- ------____ 12.17' '--;r--- NORTH LINE -L.--/' ~- I f;{' ~ N89'59'06"E S78'4042"[: I ~ ~ ~ q 155.12' 40.45' L " ~ :'" c:) f7..?<>;, t; POINT OF g ~, '<. OOc5'~ / COMMENCEMENT . ~ S89'5906"W <.7", NORTHEAST CORNER ~ 153.93' 1\1.7 / ~ LANDS PER I ,<".<OOc5'''w I ,t{ ?b (O.R.B. 2101, PG, I I .3"t O'A' f!J 0) 417, P. B. C.R.) 12,OO'-...J I . .,. "J ;::' It;' I ~ " LANDS PER I ~ ~ (O.R.B. 2101, PG, 417-418, P.B,C,R.) !-v /' i?' ~ ~ ~ ~$;i~ I<) " "'~:;'> '<. "- I ;; , )..."r;;& ~ ~ I ~,I N~ Q3 ~f ~ ~/ ~"2J t<' "" I ~~ ~~kJ &:;& : I ~t<' Vj ..,....... ~ ~CJ / ~(j" 'I:J /jjQ:i ~ Cj I i;s Q.' Lu I !... <::;;' / Ii} J G~ ~ 0 I :::JrJ, / & N ~ I ~t! / '\ ~ LEGEND: I; If' /' ~ 0 ~ a.R.B. : OffIcIal Rtlcords Book fP'D' ""I P.B.C.R.: Palm Beach County Records II ~ ~ / O.z P.B. : Plat Book ~ Q:j ~ PC. : Page I e:: ~ ~ R/W : RIght-of-Way I ~~ 1 r---_, SCALE: 1" = 80' ~ I -,,0,00' J., I -----/ ~ / I ~ "" DATE: REVISION: BY: ! (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) 1 ~ OFFICE MRG DATE 03/28/08 JOB 407667.01 ~ Q CHECKED DGZ SHEET 2 OF 2 OWG 6670LUE 1 G lm En~;~;~~~+?::~~fn:r~;2:;al 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fOlC CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wontmongroup.com DESCRIPTION ct SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA LEGAL DESCRIPTION: Utility Easement A 12.00 foot wide strip of land lying in a porlion of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida and being aporlion of MONTEREY BA Y. A P.U.D., according to the Plat thereof, as recorded in Plat Book 104, at Page 82 through 88 inclusive, of the Public Records of Palm Beach County, Florida, and being more parlicularly described as follows: BEGINNING at the Norlheast corner of said Plat, said point being the POINT OF BEGINNING; Thence South 1 r39'52" West along the Easterly line of said Plat and also the Westerly right-of-way line of the Seaboard Coast Line Railroad, for 570.40 feet; Thence deparling said Easterly and Westerly line South 62-20'02" West, for 20.03 feet; Thence South 17"20'02" West, for 4.52 feet. said point being on the Norlh right-of-way line of the Lake Worlh Drainage District Lateral-3D Conal as shown on said Plat; Thence South 89-29'08" West along said Norlh line, for 12.61 feet; Thence 'parllng said Norlh right-of-way line Norlh 17"20'02" East, for 13.35 feet; Thence Norlh 02-20'02" East, for 20.07 feet, said point being on a line 12.00 feet West of and parallel with aforesaid Easterly line of said Plat and Westerly right-of-way line of said Seaboard Coast Line Railroad; Thence Norlh 17"39'52" East along said parallel line, for 561.49 feet said point being on a Norlh line of said Plat; Thence deparling said parallel Norlh 89-,9'51" East along said Norlh line, for 12.64 feet to the POINT OF BEGINNING. Subject to existing easements, rights-of-way, covenants, reservations and restrictions of record, if any. <i:i C) Said lands lying and situate in Palm Beach County, Florida. C) '" ..., '- (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ~ - t5 '" l: SURVEYOR'S NOTES "tl '" 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5, WANTMAN GROUP, INC., CERnFlCATE: OF AIJTHORIZAnON No. !;5 _I SEAL OF A FLORIDA LICENSED SURVEYOR AND IMPPER EMPLOYED BY 7055. IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS C) WANTMAN GROUP. INC.. THIS DRAWING, SKITCH. PLAT OR IMP IS FOR AND PROFESSIONAL REGULA nON. "- <0 INFORMA nONAL PURPOSES ONLY AND IS NOT VALID. ADDITTONS OR <0 DELf:T70NS TO SURVEY IMPS OR REPORTS BY OTHER THAN THE -- CERTIFICATION: '" SIGNING PARTY OR PARnES IS PROHIBITED WITHOIJT WRITTE:N l: "tl CONSENT OF THE SIGNING PARTY OR PARnES. 'i 2, LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTMAN I HEREBY CERnFY thot th~ ottoch~d Description and Sk~tch is true ~ GROUP, INC. FOR EASEMENTS AND RIGHTS-OF-WAY OF RECORD, and correct to the b~st of my kncw/~dg~ ."nd b~li~f and that it mHts LU th~ Minimum T~chnical Standards s~t forth by th~ Florida Boord of ~ oJ, a4TA SHOWN HEREON WAS COMPILED FROM OTHER Prof~ssional Surveyor.; Am' Uapp"rs in Chapter 61G17-6. Florida e INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH, Administrative Code, pvrsuo.'11 to Choptoir 472.027 Florida Statutes. ~ 1EARINGS BASED ON AN ASSUMED BEARING ALONG THE WESTERL Y For Th~ Firm: ~ Wantmon Group. Ir,c. fT-OF-WAY UNE OF THE SEABOARD COAST UNE RAILROAD. SAID ~ UNE BEARS SOUTH 17'39'52- WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATTVF: THERETO. fJP-02 ~ 3 / 31 ! 08 <: l2 DATE: REVISION: BY: BY: DATE: ~ DEREK G. ZEMAN, C> Q) PROFESSIONAL SURVCfOR AND MAPPER FLORIDA LICENSE NO. 5555 ~ OFFICE MRG DATE 03/29/08 JOB 407667.01 ~ <:3 CHECKED SHEET 1 OF 2 -- DGZ DWG 6670CUE 2 i.:' 1m En;;:::~;~:~+~~~~~~r~~~;al 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No, 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wontmongroup,com DESCRIPTION ct SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA / I ( LANDS PER ' IN89'19'51-E / (O.R.B, 13997, PG. 1151-1153./P,B.C,R.) / 12.64' , , / I / , -/. ------------------7-~- ------- -... ----- , / 0:: NORTH/ LINE t-- ~_ 0 / 770.00' a:i 1\1 ' -~ .~ l::l -0- ,/ c /~;: 'lQ ;:)0;) ~~~I ~~~~ / ~ / 1-., It) ~~): . , " ~~ ~~~~ ~ / ~r.;' G liJ~' 1:0...... SCALE: 1" = 100' /:5 '.J / ~Q: ~~~~ ~ ~ I ~~. ......~~ ~ V I "'I ~Q::~a:i ~ ~~ fi l.,,; / 'IJ~ ~ ~~~~ / ~ ~ I f~' & , R::. \::l W / 9:-...... / q: f\I' ~ ~ ~ D () ~ w~ ~ , ~ "J / ~co ~ ~# Q2 / l.,,; 9:Q}' ~ ~ Q2 ~ ~ / ~Q;' ~ ::; Ii ~ ~ / s / -2 4S ~~ 'V S V)C5 f-....~ , / ~[-) ~, MONTEREY BAY, A ~U.D, / i (] ~ ~' (P,B, 104, PG. 82-88, .B.CR.) ~ a / - ~ C'I / ~ ..., / & '- / !J ~ / / V) C'I , / tj / ~ / ilJ ~ "\) c-; / /.& . ~ , / ~ ~ _I ,I /~::! ~ "" $) NORTH /"/W LINE Ii -- '" !< , / "$ ,I L_ --- S62'20 '02 'W r LEGEND: ~ 20.03' LU / it - __ __ - - - - - ----..1- _ _ __ __ _ - - --- "'- 51 r20 '02 'W O.R.B. = Offlcfaf Records Book 6: 4.52' P.B.C.R. = Pafm Beach County Records 8:J P.S. = Plat Book 589'29'08'W PC. = Page g LAKE WORTH DRAINAGE DISTRICT 12.61' R/W = RIght-of-Way ~ LA TERAL CANAL L -30 <: 2 DATE: REVISION: BY: ~ (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) Cl co ~ OFFfCE MRG DATE 03/29/08 JOB 407667.01 ~ <:3 SHEET 2 OF 2 ~ CHECKED DGZ DWG 6670LUE 2 ~ l\i En;:::;;;~~n~+~~~~~~r~;;:;al 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wantmangroup.com DESCRIPTION ~ SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA LEGAL DESCRIPTION: Utility Easement A 12.00 foot wide strip of land lying in a porlion of Section 5. Township 46 South. Range 43 East. Palm Beach County. Florida and being a porlion of the lands described in Official Records Book 13997. at Page 1151 through 1153 inclusive. of the Public Records of Palm Beach County. Florida. and being more parlicularly described as follows: BEGINNING at the Southeast corner of said described lands. said point being the POINT OF BEGINNING; Thence South 89.19'51" West along the South line of said lands. for 12.64 feet. said point being 12.00 feet West of and parallel with the Easterly line of said described lands and the Westerly right-of-way line of the Seaboard Coast Line Ral/road; Thence departing aforesaid South line Norlh 17"39'52" East along said parallel line. for 1.138.10 feet; Thence deparling said parallel line North 27"16'38" West. for 23.88 feet; Thence Norlh 1 r03'02" East. for 9.59 feet, 7id point being on the Norlh line of aforesaid described lands; Thence North 88.09'37" East ",long said Norlh line. for 12.68 feet; Thence deparling said Norlh line South 1 r03'02" West. for 8.81 feet; Thence South 27"16.38.... East, for 23.96 feet. said point being on aforesaid Easterly line of said described lands and Westerly right-of-way line of the Seaboard Coast Line Railroad; Thence South 1 r39'52" West along said Easterly and Westerly line. for 1.139.09 feet to the POINT OF BEGINNING. Subject to existing easements. rights-of-way, covenants. reservations and restrictions of record, if any. <is C) Said lands lying and situate in Palm Beach County. Florida. C) '" '" "- (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) " ::; - i5j ~ SURVEYOR'S NOTES "" ...; ,. UNLCSS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5, WANTMAN GROUP, INC.. CERTIFICATE OF AUTHORIZATION No. ~ -' SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY 7055. IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS ;:;: WANTMAN GROUP, INC., THIS DRAWING, SKETCH. PLAT OR MAP IS FOR AND PROFESSIONAL REGULATION. <0 INFORMATIONAL PURPOSCS ONLY AND IS NOT VAUD. ADDmoNS OR <0 DELE:TIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE -- CERTIFICATION: '" SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN it "" CONSENT OF THE SIGNING PARTY OR PARTlCS. ~ ~ 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTMAN I HEREBY CERT"lFY fh'Jl tbe att~chtld Ortscdptian and Sk~tch is trut/ ~ GROUP, INC. FOR EASEMENTS AND RIGHTS-OF-WAY OF RECORD, and correct to t:lflr bt'.3t of my knClw/edr;e and bt/li~f and that it mt/~ts lU tht/ At.'nimym )"ec,~nical Standa.-rds St/t forth by the Florida Board of dt 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER Professional StJrwyors And Mapptlr.: in Chapttlr 61G17-6, Florida 2 INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH, AdministratiVtl Codtl. pursuant to Chapttlr 472.027 Fladda Statuttls. ~ For The Firm: -- 9EARINGS BASED ON AN ASSUMED BEARING ALONG THE WESTERL Y Wan!man (;roup, Inc. :r: ff-OF-WAY UNE OF THE SEABOARD COAST UNE RAILROAD. SAID (.) ~tVE BEARS SOUTH 17'39'52- WEST AND ALL OTHER BEARINGS ~ SHOWN HtREON ARt RELATTVE: THERETO. BY: 1J/AJ- _~ ~ /31/ 08 ~ e DA TE: REVISION: BY: DA TE: ~ Cl DEREK G. ZEMAN, <0 PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 5655 c.. C) OFFICE MRG DATE 03/29/08 JOB 407667.01 ?:: G SHEET 1 OF 3 ~ CHECKED DGZ DWG 6670LUE 3 i.:' - 1m En;;::~1~~+~:~~~~r~;';~;OI 2035 VISTA PARKWAY. SUITE 100 WEST PALM BEACH. FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wantmongroup.com DESCRIPTION .t SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA MATCH SEE SHEET 3 / . / / / ~. / /--. - ::} I-.... \'10.00'.... / ~ / -- N / g / I C:j'J / O / ~ ;l ~Q;' O (j <J:<r / ~C>' if !ij~ "= 4.; / ,~Q.' ~ / '<.I c:i ~ ~~' :t" / ~~ SCALE' 1" - 1 00' J.::::."~ . - ~ "J / ~f;j CJ ~ 4J / ~ >:,' ?J /" / ~I{ 0:: \'! I{ ~. 2\ :::::! " >:J 1<;f0 :t S / ~co ~ ~ ~ Q2 / 92~ ~ "i}2 i:v ~Q;' & ;:;~ ~ ~ / -2 4) gk" S / tJ f00 t; , 0:: LANDS PER I / !f:~ ~ & (O.R.B, 13997. PC, 1151-1153./P.8,CR.) x::: <J" ~ I ~ 0 / / ~ Qj ~. / Q:) Q ~ LEGEND: / / ~ t<) ""J a.R.S. = Official Records Soak / / 12,00' _~ ~ " P.S.C.R.= Palm Seach County Records / I ~ P.S. = Plat Sook / / _.<: PG. = Page lC) Vi R/W = RIght-of-Way / :: ~ ~ ~ / ~~ ~ 2 / ~~ Q. :::01 i / m8 ~ ~ f / r:oh.~~ ~ J ~Ct)l,ij_ "" SOUTHILlNE~ / o~a.: . ! / / h.~~~ ~ ~~~~ ~ I ..............~ . l>.J -----r------ ------- '-' '-' ~....... " ------------ I Cl.. (/) -.I~ 0: " / G: / / co MONTEREY BAY, A /PU.D, / ~ I ~ (P.B, 104, PC, 82-881 P,B,C,R.) S89'19'51"W ~ /f / 12.64' : 2 DA TE: REVISION: BY: ~ a (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) co "- a OFFICE MRG DATE 03/29/08 JOB 407667.01 t <..l CHECKED DGZ SHEET 2 OF 3 DWG 6670LUE .3 ;; 1m En~:~;~~.~:~~fn~ir~;;;:;al 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wontmongroup.com DESCRIPTION a SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA / I LANDS PER / f88'09'37"E (OR.B, 18304, PG, 133-1J5/P.8.C,R.) I 12.68' , / S17"03'02'W --1 7--1 8.81' -------------------------N~~[~ /t ~ '2r16'38"E: , . ~ Cb 23.96' N / / t:1'1~~ / I ^.O>...':'). ~ ~ ~~ o / ~'~O'_' / / . J--. I ~ SCALE: 1" = 100' / ~ / ~ !!S. " ~ ;;;- ... / 0 / ~~... CJ / t<;Q:j / ~~ ~Q.' ~~ / ~'tJ.' / ~ U / i}fJ ~4.; 0~ , ~ / ~0 C:J ;g' / ~ / cc ~ 0 , ~ " ~~. ~ '" / ~ 'J / /frv' if ~ ~ ..., ~ , ~4.; / "!!:/J 0..." ~J! Q2 ~ / ~ ~ N "''"' ~ / gctj IS l.."l ~ ..., 'S i;:'fl:j ~ NQ;)" ~ ti LANDS PER / ~ tJ ff /:!; J....." ~ "- (ORB, 13997. PC. 1151-1153. / ~~ ~. it 'b i";j C) C) ....; ~ (j c::5 ~ LEGEND: / \;:: ~ "- I cc c; O.R.B. = Offlc/ol Records Book / ~ '" <0 \Q P.B.C.R. = Palm Beach County Records OJ -- P.B. = Plat BOOk;' iJ "- it 'b PC. = Page Vj -- R/W = Right-of-Way , ~ / 12,OO'-~ ~ , ~ , I 0 , "- MATCH SEE SHEET 2 85 g ~ <: 2 DATE: REVISION: BY: SO (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) a co "- a OFFICE MRG DATE 03/29/08 JOB 407667.01 ~ <::i SHEET 3 OF 3 -- CHECKED DGZ DWG 66701_UE oJ ~ lm En~;~;~:n~+~~~~~~r~~:;al 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wontmongroup.com DESCRIPTION It SKETCH PREPARED FOR: THE CITY OF' BOYNTON BeACH, FLORIDA LEGAL DESCRIPTION: Utility Easement A 12.00 foot wide strip of land lying in a poriion of Section 5, TownshIp 46 South, Range 43 East, Palm Beach County, Florida and being a poriion of the lands described in Official Records Book 18304, at Page 133 through 135 inclusive, of the Public Records of Palm Beach County, Florida, and being more pariicularly described as follows: COMMENCE at the Southeast corner of said described lands, the following two (2) courses being along the South line of said lands; Thence South 88009'37" West, for 18.05 feet to the POINT OF BEGINNING; Thence continue South 88009'37" West, for 12.68 feet; Thence depariing said South line Norih 17"03'02" East, for 15.41 feet; Thence Norlh 62038'24" East, for 24.24 feet, said point being on a line 12.00 feet West of and parallel with the Easterly line of said described lands and the Westerly line of the Seaboard Coast LIne Railroad; Thence Norlh 17"39'52" East along ~aid parallel line, for 803.57 feet, said point being on the Norlh line of said described lands; gnce Norlh 88009'25" East along said Norlh line, for 12.73 feet, said point being on aforesaid c;.asterly line of saId descrIbed lands and Westerly line of said Seaboard Coast Line Railroad; Thence deparling aforesaid Norih line South 17"39'52" West along said Easterly and Westerly line, for 812.78 feet; Thence deparling said Easterly and Westerly line South 62038'24" West, for 24. 17 feet; Thence South 17"03'02" West, for 6.26 feet to the POINT OF BEGINNING. Subject to existing easements, rights-of-way, covenants, reservations and restrictions of record, if any. ~ Said lands lying and situate in Palm Beach County, Florida. C> '" ..., l.. (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ~ - 6j '" ,. SURVEYOR'S NOTES "b '" I. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED S. WANTMAN GROUP, INC., CERTIFICATE OF AUTHORIZAnON No. ~ _I SEAL OF A FLORIDA LICENSED SURVITOR AND MAPPER EMPLOYED BY 7055, IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS ~ WANTMAN GROUP, INC., THIS DRAWING, SKETCH, PLAT OR MAP IS FOR AND PROFESSIONAL REGULA nON. <0 INFOR1.IAnONAL PURPOSES ONLY AND IS NOT VALID. ADDmONS OR '" DELETIONS TO SURVEY MAPS OR REP01?TS BY OTHER THAN THE -- CERTIFICATION: '" SIGNING PARTY OR PARnES IS PROHIBITED WITHOUT WRITTEN ,. "b CONSENT OF THE SIGNING PARTY OR PARnES. r 2. LANDS SHOWN HEREON WERE NOT ABSTT?ACTED BY WANTMAN I HEREBY CERnFY thot the aHached Description and Sketch is true ~ GROUP, INC. FOR EASEMENTS AND RIGHTS-OF-WAY OF RECORD, and correct to/he best of my knowledge and belief and that it meets l,J the Minimum Technical Standards Slit forth by the Florida Board of <..l ll:: .3. DATA SHOWN HEREON WAS COMPILED FROM OTHER Professional SUrYe}'o'f"5 Ana Mappef"5 in Chapter 61G17-6, Florida G:' INSTRUMENTS AND DOES NOT CONSTTTUTE A FIELD SURVIT AS SUCH, Administmtive Corle, .l'llrsU<I/,t to Chapter 472.027 Florida Statutes. &l 4. BEARINGS BASED ON AN ASSUMED BEARING ALONG THE WESTERLY For The Firm: g r'-<l]"-OF-WAY UNE OF THE SEABOARD COAST UNE RAILROAD. SAID Wantman Group. Inc. ~ BEARS SOUTH 1 T.39'S2- WEST AND ALL OTHER BEARINGS BY ~~ DATE 3/3/108 ~ HN HEREON ARE RELAT1VF: THERETO. <: 2 DATE: REVISION: 8Y: ~ DER K G. ZEMAN, g PROFESSIONAL SURV,- R AND MAPPER FLORIDA LICENSE NO. 5655 ~ OFFICE MRG DATE 03/29/08 J08 407667.01 C G SHEET 1 OF 2 -- CHECKED DGZ DWG 6670LUE 4 '" 1m En;;::~;~:n~+~~~~fn~r~:2~;al 20.35 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL .3.3411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wontmongroup.com DESCRIPTION ct SKETCH PREPARED FOR: THE CffY OF BOYNTON BEACH, flORIDA LAKE WORTH DRAINAGE DISTRICT NORTH LINE --........ N88"09'25"E LATERAL CANAL L-29 __~-- 127.'''' ______~ ~ .J ------------------------------- / I 7 / I ~~ / I ~~ ~ Q,' / I 10.. ';:)' I i} ~ " I N / 1:;8/ Q / / i~~' I 'l: '" ~ ,I I !::~ y / I I<:'~' / I SCALE: 1" = 120' / /---- / ". 1--_ f,,> \-110.00' / ~ -- !Q I / <:j I , &% I ~~ / lJ I ~(.J' '" I<J Qi / g ~ I ~ Q,' , {'V I 10.. ~. <::l / ~.....\ i}<o ~ ~ ~ l.::i~ q:: , ~ ""J I "IJ/J ~ ~ / I. ~ (Sr:,' ~~ ~ ci:l ~ I ~'l: .::i~ !.<J C) /.J It,.". >...,;r ~ i'; LANDS PER II Sf (,S ff!..Qj ::) S I 1 ) !hi t:JCl ".0::: ...., ,ORB, 18304, PG, 133-135, P,I3,C,R, ~ r_ "Cl;' ~ ~ -J. / 1<:',::; I;j ~ >J ~ I I;:: ~ G ~ ::;; I I ~~ : 'I ~ V) / Q5 to LEGEND' ,I i:s -6 . / I Vj : O.R.B. = OffTclal Records Book ' I ~ P.B.C.R. = Palm Beach County Records / I ;;;1 P.B. = Plat Book / I :;; PG. = Page I ~ R/W = RIght-of-Way I 12,00'-- ~ ~ ~ lJei.~ _ ~. ~ / 1&. ~ ;... " ~. ~ . .... "Y.'" "" .... .....~ :'1: , Itl '" ~ry f1 "'. tlcv ~ / 1!S~tt~ ~rv!Sro' ~ SOUTH/UrvE I ~ ~ f? POINT OF COMMeNCEMeNT c;:: , ~ SOUTHeAST CORNeR Q) 'I LANDS PeR :::. _____________-1__--- ----- (o.R.8. 18304, PG. 133-135, P.B.C.R.) is -----, l5 LANDS PER I 1s88"09'37"W ) SBB"09'37"W 18.05' Q) (ORB, 13997, PG, 1151-1153., PB,CR.) I 12.68'.r I POINT OF BeGINNING is DA TE: RE:vISION: / I BY:' / ~ C) (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) Q) ~ OFFICe MRG DATE: 03/29/08 JOB 407667.01 E: u CHeCKeD OGZ SHerr 2 OF 2 OWG 66701_UE 4- -; mt En~:;:;~~+~:~~~:vir~~:;OI 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wantmangroup.com DESCRIPTION ct SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA LEGAL DESCRIPTION: Utility Easement A 12.00 foot wide strip of land lying in a portion of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida and being a poriion of the lands described in Official Records Book 3209, at Page 260 through 261 inclusive, of the Public Records of Palm Beach County, Florida, and being more particularly described as follows: BEGINNING at the Southeast corner of said described lands, said point being the POINT OF BEGINNING; Thence South 88.09'30" West along the South line of said lands, for 12.73 feet, said point being on a line 12.00 feet West of and parallel with the Easterly line of said described lands and the Westerly right-of-way line of the Seaboard Coast Line Railroad; Thence departing said South line North 17"39'52" East along said parallel line, for 1,749.92 feet; Thence departing said parallel line South 72"20'08" East, for 12.00 feet, said point being on aforesaid Easterly line ~f said described lands and Westerly right-of-way line of said Seaboard Coast Line Railroad; ence South 17"39'52" West along said Easterly and Westerly line, for 1,745.67 feet to the POINT OF BEGINNING. Subject to existing easements, rights-of-way, covenants, reservations and restrictions of record, if any. Said lands lying and situate in Palm Beach County, Florida. o::i ~ '" ..., "- (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) ~ - t\ '" it SURVEYOR'S NOTES 1:> lri 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 5. WANTMAN GROUP, INC., CERnFlCATE OF AUTHORIZAnON No. ~ I SEAL OF A FLORIDA UCENSED SUF?VE:YOR AND MAPPER EMPLOYED BY 7055, IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS C; WANTMAN GROUP. INC.. THIS DRAWING, SKETCH, PLAT OR MAP IS FOR AND PROFESSIONAL REGULA nON. " <0 INFORMAnONAL PURPOSES ONLY AND IS NOT VALID. ADDmONS OR <0 DELEnONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE -- CERTIFICATION: '" SIGNING PARTY OR PARnES IS PROHIBITED WITHOUT WRITTEN it 1:> CONSENT OF THE SIGNING PARTY OR PARnES. ~ 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED BY WANTMAN I HEREBY CER1iJ-Y that the attached Descriptian and Sketch is true ~ GROUP, INC. FOR EASEMEN7S AND RIGHTS-OF-WAY OF RECORD, and correct to the best of my knoM.1edge and belief and that it meets l.J the Minimum Technic.;:! St"ndards set forth by the Florida Board of IE 3. DATA SHOWN HEREON WAS COMPILED FROM OTHER Professionai SUrY3yors Md Mappers in Chapter 61G17-6, Florida e INSTRUMENTS AND DOES NOT CONS77TIJTE: A FIELD SURVEY AS SUCH. Adminiatroti~'t1 ::ode. pursuant !o Chapter 472.027 Florida Statutes. &l 4 BEARINGS BASED ON AN ASSUMED BEARING ALONG THE WESTERLY For The Firm: g "T-OF-WAY UNE OF THE SEABOARD COAST UNE RAILROAD, SAID Wan!man Group, Inc. ~ BEARS SOUTH 1 T39'52' WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE: THERITO. BY.' Ji0J- ~ <= 3/'511 ce 2 DATE: REVISION: BY: DA TE: ~ a DEREK G. ZEI'I.AN, CtJ PROFESSIONAL SUFNEYOR AND MAPPER FLORIDA LICENSE NO. 5655 "- a OFFICE MRG DATE 03/31/08 JOB 407667.01 C <::i SHEET 1 OF 3 -- CHECKED DGZ DWG 6670CUE 5 '" 1m En;:::~;~~n~+~:~~fn~r~:2~;OI 2035 VISTA PARKWAY. SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wantmangroup.com DESCRIPTION It SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA MATCH SEE SHEET 3 / / / / / 1\1 / / / 0 / / ^ //) '>,.",. SCALE: 1" = 120' / 1\ / l ~:. / t;f'J",,,,,' / ~. (o.~6' / l ,~. , .1<0,9 (,qlvos / v I .~ ~ ., . <e, / ; ~<~ /~. ~ ',0 (5 ~ S) '8.c.~) / ~ Q, ~'O. ..I, v ()'?' / o~ "', ~~'v ~~ ~r;. 't>.:f ~oCf' if ~~ ~ / ~ ~ ~ / fl..~ <8 v~ ~ / ~ 0' ~\ ~ ,; ~, / ~ vO <:>Cl Q '" / ~ ' / ~ l<) / '1P I... / cf! " ~ / '" / ti; / "" / " LEGEND: "\:) / Lei a.R.B. ::: Official R.cords Book / ~ P.B.C.R.::: Palm B.ach County R.cords / q,.J I P.B. ::: Plat Book / ~ CJ' <0 PG. ::: Pag. / fO' <0 ~" -- R/W ::: RIght-of-Way / "" ~,. " / "\:) -- / ~c;, /~ ~ ------ / i~~ ~'oO ~ ~c ---- - soul),- .I lW ~G ~ ~ Iro!? 1'/ ---- - ---- / ~,yc. ~ C/O f'" 0 (,q l"C!?./! o!?-4/Iv-4 - ---- - ---- - -Z ~ o~~~. "- C-4t\!: Cc - ~~" q ~~ 85 ~t. O/Sr, ----- -- t. -<.9 !?/Cl" -----____ 15 Sa8"O.9' rfJ,,~ q,.~' ~ ? '<'. ?-1.o "I#- ~. <: 6A TE: - / ~ REVISION: BY: ~ (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) Q G:l "- Q OFFICE MRG DATE 03/31/08 JOB 407667.01 i':: G SHEET 2 OF 3 -- CHECKED DGZ DWG 6670CUE 5 :;.,: 1m En;:::~;~~n~+~:~~fn~ir~~~;OI 2035 VISTA PARKWAY, SUITE 100 WEST PALM BEACH, FL 33411 (866) 909-2220 phone (561) 687-1110 fox CERT No. 6091 - LB No. 7055 JACKSONVILLE - ORLANDO - PORT ST. LUCIE - TAMPA www.wantmongroup.com DESCRIPTION It SKETCH PREPARED FOR: THE CITY OF BOYNTON BEACH, FLORIDA / / / / / / / / / / / / / 1\1 / / / / / 0 / \S'..), / ;,?. " ~o. / ":;>'b.<:6>~ / / / SCALE: ," = 120' A... / , , /) "a", / " / / 1\ / ~~:. / rff c,. / "Q,'9' (o.~6' / ~$- ~. , .)'<'0,9 '--4/vOs / oS I" . "'c;; <. ..cCI? / t ~~ 6'0,<. il ~. 6'. ,0 / (5 ~'v SJ 'B.c..." / Q, ~'O. V ~ ~ ~~..I, ~ <ii / o~ 'Q' ~~ ~~ ~r;. '$! Cl ~v 1ft' ..I, ~~ ~'f Q '" / #'v~ ~<v / # ~ .:sf l<) / I 0'~ I... / / ~ C,O:ClO ~ l<) / ~ ti; / o'f t>o / ~'(j " LEGEND: "\:) / C) lCj a.R.B. ::: OfficIal R.cords Book / ~ P.B.C.R.::: Palm Beach County R.cords / I P.B. ::: Plat Book / ~ PG. ::: Pag. / <0 <0 -- R/W = RIght-of-Way / "" " / "\:) / "i / ~ / ~ / (2 MATCH SEE SHEET 2 [g -- J: '-' ~ <: DA TE: 2 REVISION: BY: ~ (NOT A SURVEY-DESCRIPTION AND SKETCH ONLY) Q G:l ~ OFFICE MRG DATE 03/31/08 JOB 407667.01 i':: G CHECKED SHEET 3 OF 3 -- DGZ DWG 6670CUE 5 :;.,: Florida Power and Light Right-of-Way Consent Agreement EXHIBIT "B" Exhibit liB" consist of the following signed and sealed drawings prepared for the City by the Wantman Group, Inc.: G-1 & G-2 FM-1 through FM-10 Additionally, Exhibit liB" also includes the Palm Beach County Parks & Recreation Department's landscape and temporary irrigation plan, These drawings have not been signed and sealed by Palm Beach County. Sheet 1 - Site Location Sheet 2 - Irrigation Plan Sheet 3 - Landscape Plan Sheet 4 - Landscape Details ~ CITY OF BOYNTON BEACH . REGIONAL FORCE MAIN ~ . I I i MARTIN COUNTY II END !I - .-..-..-,.- -- JUPITER I PROJECT SHEET INDEX 20 BOYNTON BEACH BLVD. G-1 COVER SHEET JUNO BEACH PALM BEACH G-2 KEY SHEET GARDENS uj ~ RIVIERA U) U) BEACH w G-3 MASTER PLAN 0: (!l z PROJECT 0 u G-4 NOTES AND LEGENDS LOCATION WOOLBRIGHT RD. SOUTHERN BLVD, FM-1 TO FM-45 PLAN AND PROFILE - I FOREST HILL BLVD Cl ~ I D-1 TO D-10 DETAILS AND SPECIFICATIONS a:: x LAKE WORTH RD. SW 23rd AVE. (GOLF RD,) U) -' '-' ;:, ~ 0 U) S-1 TO S-4 STRUCTURAL PLANS AND DETAILS LANTANA RD. ..., ~ z u HYPOL XO RD, <( ~ w I~ P-1 TO P-2 APPROVED MATERIALS u 0 BOYNTON BCH BLVD u JJ J4 w ;:: ~ '" z P-3 BID TABULATION c:: <( --- 4 J .. ...J BOYNTON ...J z 0- f vi a:: ;;;: BEACH <( ~ :> a:: ;; :::i 0- 0- I ~ WEST ATLANTIC AVE I I ..( BEGIN PERMIT TRACKING --' N,T.S, CLINT MOORE RD. ..... DELRA Y BEACH 1 YAMATO RD, PROJECT PERMITTING AGENCY PERMIT NAME PERMIT NUMBER EXPIRATION DATE f ~ GLADES RD. BOCA RATON . ci I PALM BEACH COUNTY ~ PALMETTO PARK RD, a:: I HEALTH DEPARTMENT DOMESTIC SEWAGE ~ Vl (FLORIDA DEPARTMENT OF COLLEcTI ON /TRANSMISSION -.. -.--. .-..-. .;!-. 5 4 ENVIRONMENTAL PROTECTION) S BROWARD COUNTY ~ --- - --' 70 LAKE WORTH DRAINAGE GENERAL L'MlD PERMIT ~ 8 9 9 ~ DISTRICT APPLICATION (L-30) ~ LAKE WORTH DRAINAGE GENERAL L'MlD PERMIT . DISTRICT APPLICATION (E-4) ~ ~ LAKE WORTH DRAINAGE GENERAL L'MlD PERMIT LOCATION MAP DISTRICT APPLICATION (L-29) I ! UNLESS OTHERWISE NOTED, THE ELEVATIONS FLORIDA DEPARTMENT OF UTILITY PERMIT APPLICATION ! SHOWN HEREON ARE BASED ON THE NORTH SCALE: 1" = 2000' TRANSPORTATION AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) PROJECT LOCATED IN: FLORIDA DEPARTMENT OF RAIL CORRIDOR ! TRANSPORTATION UTILITY PERMIT :! SECTION 28 & 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY UTILITY PERMIT APPLICATION i AND SECTIONS 4, 5 & 8. TOWNSHIP 46 SOUTH, RANGE 43 EAST ENGINEERING i APPLICATION FOR PIPELINE . CSX TRANSPORTATION CROSSING!p ARALLEUSM II ; FLORIDA EAST COAST 2007 UTILITY CROSSING ~ RAILWAY LICENSE APPLICATION ~ PREPARED FOR: ~ PREPARED BY' ~ " 1m !gi~?~~~U~~g~Pko~~. CITY OF BOYNTON BEACH I i I ! 124 E. WOOLBRIGHT RD. JUL 28 2008 I CITY OF BOYNTON BEACH I l I 2035 VISTA PARKWAY, SUITE 100 BOYNTON BEACH, FL 33435 ENGINEER OF RECORD REGIONAL FORCE MAIN i i JAMES W. RICHiE, PE WGI NO,: 407667,01 ! I WEST PALM BEACH, FL 33411 561-742-6487 phone 561-742-6298 fax ?E# 64778 ! . 561,687,2220 phone 561,687,1110 fox PAUL FLEMING, PMP, SR. PROJECT MANAGER r:L:-::- ! fi CERT No, 6091 - LB No, 7055 90% SUBMITTAL I . i ,- ~ -~~-- -..---- ---- - -....-- I.- ~~~- r. --- VYlI Rb'IW H:\1I'7 8o,.,l.... B...dt r...~. M"Y: DeSIGN DATA\F.' JK;:I Dru_hg_\CMI\dWr;\661ImOI.<twv ... 'bIT cMllJO.5Q PI -~'-'--'-----.-~'- :_"__m__ - ..... -,. --- ---,- --- I, ",.. '/U/2008 ,,,,... '" ,- '12>/2008 "'"'' '" " -- . i~i 1 . . i It - ! I' t~t+1~u-I-llml~' -1 _ __ r- ,03.\~' ,:=JIIljjlirl~ti4UIll~~ t{==:J " I i It ~~ L~- r=:tJ;ITITJlIE tIp- J 8-ll IT [ I T-I a:rlYT~ ~ rn- I-~-I ~~j1 \1 I J-- [l'TIC1.r ,I llJII fcuml ~ - " > -I ~- 0 I I ~- - ~ ' l : 1IIlJIJr -) T _Jl :2}-- 0 r: r::-r~Fffiptt~ ~-J.-H' ~I'LJ8),q"rltffiUIJ):u,IJII.[\ I ' Do \ I , I L J JIIILLIlI] t," Lj L L _I I ~:tt LJ 11Tr'uj uLJ -"1 - c: 0 0 H / 1 /::j n ~"~ \lTgj i--+Tr~,! q l::1l ~f -I LilljE~; 0 "... *'- / "\ I , ru i Iii HI~iiITTdL';"I:Wdllid >f:j I~T1..Jrr8 I! I 1;1 I)' \_It-_;u~,- Ilr;Jru-l'-JJ'IL _t1i:,.\1 1 II, I //l;1- ,1~L........~_. I ! I - "-~I L() 1---]' t-J LliHIHJ t1~\ ~!I ffilF0j r L - \*'~Ei~ ~IL ~~~ 6E~'oaNn / ~ '" , / .' '. .n~ / Ii""': ,I I . =1= II ~ , . I I - ?:i /' m,~ . n , I II! r IlTI/.. wi Icllill\llilJffi8i,~:. "lIill.,' . IB ~.J t I~ ~ t' !!. II 'C.1ll1 T 1 I 1/1 fftJfi-j~-} l ~:-/lf~I~/J !-~ift~t~Tlll t~U I "'r J\iT- \ - 'll([~IJT;L~~b-:\ 1-: I //:ri71/' .mmrnnIDU ~ ~ I I ( '[_" tl- 7 /- \ 1 1 T' r .',' 'j /.,j I ~ ~~~l:'\ /__,1 '-~___ t __ II ___\\__~, ~) $'.\/ I", " I '"W~= c 11'! (\-7 r~l fIL," -;:_- ~ '---J J _~ 1 \L_ ~ [II1~ \ \\/\ r----/ j: / -I~ -10-= -!-, L ---:(".-1 J 'I' -.f " --F-\I _ - >" ,~,; ,,,.., -, m J: ) f"~-]--I 0:n~J~li'I~?f f~--II _~itt+! IttW) //\~.V\ I /il;' ~c;: ~ 1 ~~/ II I [,_l,>-IT\~--l! 'n -.--1/_ -;' I [ - \tJIL"I \/ /1$':~~\ " 10/J z!l> 1""-"-1 [1--/-" ~ J.- - ---_L) r _, L ~_ _ ~ " ~ - .- r ' j \ // ,\ ," , 1 - ~ "-- ~ -"~ , ,'. , I l'lr--~\jJ/-JI'~- _____ - -1--'--, -1=\lJ"JJ~, ',- // \/',""\ " ~Im: 11\1t=:' ( 1_ " --l_J I 1 -J-\ - ' ~'- ~ " LLL-L CI JJ- ----- -- -- ,'(, I. I "l -, I II n _'.:Jul _I {,! -'> _ I L Donl[ IlIIE ~ #"fF,\Jt L_ "", T\ -I /7, j ".\, ~\; ;1} 1.. L I;m - I I \~ 1--1( (:(ljJt\-l~ Jbl! /_ :- f []~JIillIJJ3 ~ tf~I"-~-_ j \tgJ;t _ __II ^/(~I_I 7 )r~'-:-: ' "! r -~ r~ -a'I--:r::Ct'iT -I ! l, <" L 1 /- LT-fJ-i r~ r-'1 V 1_ I ~-i I/f=fllTTHTfJ - w \\1/=1' I "t-i:r:h/'-' .Jl I I c:l N1 n Lt;:I~N ,r",,::;-::: , [-"=)L ~~" '--j [-;, r" =----- C 1" ~ci '-I' lc}, u lliIIllilillJ L . -- J;! 1I ill, \ un): i i.1..r ft.!" Ii Fi , -' ilL JL I ( 1=; ,_ _neil" (. "--'-/ I I J- I I \' iffim l' ][' "ILU:l' ,lIllLIL if I 1 GD I '('I !-t-.; oy/' - _,r( I ' '.' _It.L 1"'1 ffiFl-=7 f r=I fit\' l t[ffi , JI] l 9 11.~' It' 1-/1 j:, .~~~ -r= cJ I I., > 1!=I'ifHJ ri tjl9~ -'l/~ ~ ? rJlMf9fLiIJPPEITrl r .'. 'Wif~ ~'!j/Yfll i-- n ~ I "\ ----if ,11~ff~j I~I p[qffj~i,w3 1 t I! 9r I H I~:j/.:I J I . __n_U- TL' ~"- I I :~)f-Jitf71 j r:J[~1J1Wl:r r-II -- I':' I~ ~. pnJ IJ;;;,I~.,;~/ i · 1\<- i r -- _ _ -1lTli-t][-~ _ '-1 f inrelTh "-. . . r.l I l II m3' \PI'; '11~ ~ un_ nl If ~ ~ 11 -~lr/p~~: --f -lnIDI ~ /---HlTl:Jii I_~-~~/~J I ,! ~ ""I -rrf$[ "="1 b~ \~ \.1 !~; I 1- -- ~ l" I Ii _-( ,I l~- _ J _ __ , ~ ~ -, --'IIr~--1 ! I].=_LJ 1.c. \ I I.... '--I .11 ~l:lJ;1J:q I ~~~. ttAiEll7,'HillLUJrnI[lfjJ:cg:J{,j I-.J L l-iHj'~ ~~ \'6 V ~ ~ n_U -- -1)l)!G.~ '~= , i I-I' ~/r-JI--Ll LI tt~1 !~[~i -I~R~f5fj$1(t1 t1lfN~~j~I-1ffiWBffiJfj)- j -;=Q~"- ="I~-'-1i;l:l?nIJ8 \~ ... ~ g :I~yjb~_~Sj t-~ h -jt _I ~t_lii ,= f?;Y , J e IrIIIIJc 1 fffiHfP't11 j} II ILl R.'1 1". I" / 'en [ , n J!n' tLI I~A t-r/' t=ltFHBffi1m\~1 ,J ~ iii-rl~fmfR /;g)>J .' . . rJ · Il J J I I L-F ~ 111.@:tIffLClli,EP7ltil I::::l' l_Li-1UI~LLLL--_I ~tiJIT_~lnII\TillInILUrrIIJlIl~~::-----iTJ I : I" d- [J I I I r/ 11;1 EIffiHflJl ~ - (!;/E / ~ ~ EHHFEIHifll1[ ! ~ ~ E\.llfHl.B IfillHillLB ffiltffIJ p.l\1 \ \ ~ ~l '. Ii I _ ___" _ _ I~_ RtiH1L9?!J1ffi - ;~rijL" - EfIfHI-D Elrilli ~-=/ I7i /~~ Erntlttm \3j FfHlffiffiIfLJ \ \~I n ,.) ..... I ~Q411WHHfHTIi '" II '. I:H" Rj Lp.1J11f7 ~ leD rl\:c'TUDlTI) crJITIJlillunlTI: , '\ : 1 r J ' _ ,vITJO]! [1-"_ , i j __ /f; !" ),1 L-el I '- TI~IjJ ~ 0 L-7~-F1!--L-- I '~-c\\,!\ - [ - i I-I I' _ "__ _ I J. ~ rriC~J I 'TITl ffij'lIIl'ITIr'\ ,j;1 --" --~. ~ -j-l [EI li~:]DJ y rr; /10 f t~ t:!:t :f-::" I --- L ItlJlffJ.] [r~t-J I 'J 11 L] 1 Jill IrI! / [W'-I ~ ~:ij l~ / ((J' 10 I Ijitt:i _,J 'I ~~ I --"1\ I ,'--"~_ _ _11==" ~(\i~~i&!'~-bJrbE~H- IIC[~7,/""'", -' - It~f~~J::\~' / ~~.'li I I?L~I} C;=:J ~ -'\J n[Q ~ILLLW 1 ,Ll1JllI' _",-L ~- \ / CI) t'I) - I i ~~Jr I 10k[i1 ~j~Eq;/$ffiffiBffi1~0&orn\ ~ . l:l~Wi~ ;17~]/ {4SJJt~j i ~j I~ r I I F I_L -I ~mll_ mlHl fj, ffi'd l~n:ttnIIillJ [[lJ 1/. ~ ITnTTlL, ]11 , ~! ,&J ~JlTJf/ j ~ j:}II1TI1JJ ill f- I I L EL"l ~CliJtl (!a~-1I-1 ~.LTIilllll Ir" lL I 'i"~T'? 1"1 t-I(TnJ~Tll -] IBn -- - -ri I I G ~[fl' _ 1/-Jitl ~;.;.:~~ ::eLII. ~1^8L -Ii III t i J tj. ,} UnLTh: , ,I , _ r" :gq '- _ , //l't?-'!:,J!lID uin ill L! -fZ":l ~:L~ .... ~n ~\\ t ~-J _I,~[I I! l~nlI:"r"-~Fli~ Irn:-3fJ7/~~~~~~~~1@' ~, /~-----lr',\'1R,~\tt~ , itr;J Pi I ... - -I' ill tLl ~,iJJtm t 7 d""mcrniiIDm"'rnm "' lr ' Iff -' 'l~ \\1 '~!~D I /\J---I II~rJ[tmI" 1~-~rJiWrz~P~t/ - ~- ~;-:; ~ ---1/ loli Jf:=l<]\' &~<"\~) _LL..I J /- c "-r"-."-.. L l' II1JJ En I I' / I "(, ^, -;, ., "-:J ,-~ -' I1:f!Jnr~.1 I I / , - ,,";' j " ) _ ::::II_I I ' , J..<JJ~~" I '--t 1- / ( r- ;,/ IT1 J .., - " "- - T~ J I /(JJnrJlgl~! I ___ ,/ !--- I V' - 1<( l" Wcr;2JlJl~f -- t~~~-""~~Jlf!'(r r~-1f!~/ qr~ 1_0 I?~I:~) ~I Lj:nu~c -10 IrJ1J -i-c'Jlf f ~ u-M to) , I -- )ffl ~1 '_I -~===:~.JJ" l> I=r - n 1 [ ~., I I / . iU!lll\imm I'n wi ( -I '~L.- .n f n n ..,.. a. / r'! ~" ,d ;/~~~ ~ IL_nJj L4JI . .~l S _ ! ~ / ~'fl ~i?:( . It'.( - ,- ~ / -" r )4 U /ilrlIII:::"J i i II I U L,-H f-Ut - ~... "' -~-' [- /- TIT( )) fr" "__ _"_ _"_ ~ ! I. [JJLJJJlJ II . JJJLtj " " ,~1 J -- - - --, ,--~ I I~j (~I iiI ;L ~ l-~ ~n 1 . ... I ~ lli1I[l!8Jl'd\1MJ rn:HE=J Bill~. \ /,( r~- -1 L~ l--\ ~f1L~:~~ ~ g2lc '/-~~[m18 tJI~ITHflBBffi 11 \ II! L<4-,L~ \- \ 2~~-=d ~ t:.~1 _C~f 'Cd ~Q rrl ~~ tl-Prf~ ~EHffE 8J1+ t \ I! /Ii i_J-l \ \\ \ 131 3;r " " 7 [E:J ~ B t} [DffiB1NFrTE cmrro \JIll II \ I ! I \ \ \ 1~~~lj ~_ 1~'B'1W~~&JW~~~; III ~====~\ \. "UJI~~ "11:m[(iTll~ ." ~ g; EEl rnH!JIla:JJffi1i\9 filM t~ -+ ., ,,: "i z I \ I It.. . ~ II [/' l r rr ~ - ~~ ~ Eij ~~brJlWnB tfm fir il~ nt \ ~(~>'.)!--~1l-_- L 1--", Ir __ n=n T IH+Pfl ~ " \~" L _" _ __" =c- _" -"-1 ! Jl I L,l illllL J - 1 J en \ ~)IIJIJIJIJJ/ 1\ ! 1_ ~r -11-1 f L_ pF V=lrl11 j ',JJ Ji[l V'4~ ~~~[ lIE ~ I mEJ ~ fMt J~lIm~ I I -t~ -I-~-~ L::J_! g '=-"_ IJJ l J -1 nT=r -t \ \1 @.f:HIlffiillj\~, I J f -k" =""]l=-~ \ ~=1~ [ IllJf ill 1" r~9 11--- ttiL ' j m \ I ~~j' . 1:F!mnm"0 I ' =_" ~~ ' /[]IIlfi:jLILlJE n i" co \! flTII rllilllJLlJ Hill ~ WL~~~lJ \=:--lj~ JliTnb1~mU~~ IS. WI liJl~~ \~ llr~~~m~ , , !-cL~ .--:'m' .=", [ trlil\ Inl EffiIIinJ e1IhDJ~J-B ffiltfi 3 tffillifH ~ ~ HI IIHJj~~ 1;1 . ~ P--1~b:9~ \ \QI~~#~r- \~II.=l\ffiBJ ,'i 'J~~ \ 1[" ~~~~W~B< u ~~ I L-~n~:=;rr~~l ~_ 0 [j]]i--JJJ[13;~ml 1[1 RF:ulCl \\\\ @~~f-Rra~ IJI I T::::::Wli 1 orrD[OIlllJITI!~I~-- .', - iLLL _J-Ll mlJ1lJ[[\ \\t:lJt:'-:<^\t,rq=fTjl-l 0 ' ]! J I I LlI \ I C:~! r [Jilll] I ~ l]J]] [Ill '- ~~t~ BJ \] i -- . ':.:'c$l- m_~, I~, _:l r I I I ~ u ~_ L--"__J [J]JJJ ill ~ LWll LLJ " \ I T I_J ' w JJII l -is:iJ l-f~11/Hf lFFj~ u lIJI[]+ U =r~r:lI J ~ ;PIJJ ,- - -) \LJ\ :~~HffiS=\11]~~ ~___, ~ g Z@ I \ l-]IU!~' T-IIlT" I lJ --. LlIi=I~J Un - UlllUIIIILUJn_---"' ~ ! g "__ IL "JJ :-- ~[J!1 [[I ] ~l~ I -, ......~ , 1 Hi :T ~ _I I "-"-- I-~ - - ff- ~ " I 111] l'-\~:~:J ~~ H l=mffIJ - rl \ \ \ --r _I[I' -_ _ T L_:::;';'_-)o,- cJf:I-ROJIill II ~ -11- II ~"~"- n _I I ~H g81 -t~~C-lt ! JILn.1H.V'&~1PIl ~tJmILlJ = -~j\\ ~\ I 1\_t1l~-=E~ - ~ I ' II -"L.i'~ " [~O IU!l'~7/T-PnIJ[Illn'C:::Dr--1 n -"- <j 1 ' PROJECT ,j V-T_I -, II I ] 'l_ J I(J) CITY OF BOYNTON BEACH ~~~~~~~~c~~~o;~ CAD 667FMD1,DWG I,. G) REGia [" , REVISIONS f~ I m NAL FORCE MAIN PEN 778 {7 JOB NO" 407667"01 DRAWN JWR Na DATE Of 5 CRIP nON BY ~ W N m TASK" L' ,CEG antman G I .... . _ m,u,~ " "',,_. _I'" roup, liC, . . KEY SHEET " I v ,,---- DATE 3/9/07 CHECKED JWR Engineering .:. Surveying .:. Mapping NOT _.......,........_...... SCALE 1. 600' 2035 VISTA PARKWAY SUiTt 100 QC OKS "I WEST PALl! BEACH FL 33411 I (561) 687 2220 phon. (561) 687 1110 fox CERT No. 6091 LB No. 7055 ~ I ~ -- U '8"[i"" j . I ~~ SEE ~.~ . ." .\.6 . _____ _______ I ~ a. 0 ....'!':. - - - - - - . I-----=::""" .......... a. - I 5 ~ 1 ___" 0 O IiI ..",,~ 1 o..~ 8;:::::l I ~~ ~ 1 ;::s ,:.;~~g ! ;1" ~! Q 0 g> i)k:'~ I .,." . "'\ 24 DIP FIA ~ --- O~ ~ 'So. >- .u;0l \\.~ /.&!.- -+ '0 OPEN CUT ~ ~ ~ 5-e...J . j, "-,,.- ,~"" "'''' I ,.- ",. "" . ll: t) ,",., \ , , 24" GV I · 6 HOR, ,....; OJ ~ Ol g _ North \ f"" STA: 108+54,4 ~~A: _1d~~?5,1 DEFLECTION ::::! ""'" . .. 3-a~ \ . I OS: -28,7' 1 ,. 4 JOINTS lAIN, ~ cd '.' ~O':l'il~ o 10 20 40 ,\~.\ I lJomtonng I 0: d 0'1 S I-N~ ~ '-I"~ r- - -",.,- - -\ - .-. 0..,0 ...... ~,S "''I' -.'" I ~ ~- ~...... I... "'!l!........ .. .--.--. - I ----f ..>' CI),....; "':3 "'15 : ",. ~'" W 1 r U ""'" .~ N :'U I ,,0' . 0." .... ::;; -..j. I I cd Ol u; SCALE IN FEET FM -'" - F; - - ~ - - FM - - _ f:y~/, - I I ~ ~ ~ . . ~ Palm I ,___---;;________0-__ ~_ _I I " 00 ."g,..,." ~ONSTRUCT (2) .;5 e - _ .... I _ +,,,. "It".....=. 'fl~ Uonitoring 6 S\YING GATES I e:i: ---....... "4(" L Monitorln9 ,So ,S' <<W-', 5~__ . . -I -. -.. - . ",.~ . . - . ..,... - - .,,,L - - ~ ----.J Random \1.\fr;-Io., ,So . 110+od;2.~-- 107+00 106+00 Traverse Point- ~ ,. Random:t:l:: rovers~ omt io E 954914.0930 N 782384.2140 I . - I I E 955061.3080 I __ >- Bl BP: 107+00,00 ".>' t! I CONSTRUCTION / I _ ~~ ~~k3~d,~~3.10 !Xl N: 782377,82 .\' I "....1 BASELINE I E: 955273,20 E: 954780,11 .. . . '''';no I I STA: 215+68,6 ,~ ~ \!r"o y').fJ& ,.&' 0 \ I I I I \ I ..f - ~ ,,'" 1 / I ~'I ~ or..t I I / 24" 45' BEND !i! - w.n Cover. 2)Guy I / TA: 111+61 4 Q lJ) i! t1"lt1a.hington 8.m.d t1~~:;;ota".".. I I '/1' f OS: 19.5 !!1 ~ ."" Palma ".,,' 8"_ ~:,": u"" a I I I / II ~ WASTE WATER METER VA T~\"" ,of' Wat., Un. Un.. "tP I I / TREATMENT PLANT ,," ,," ,,> ." ," '''''O"ltl;:.9::::gtM ,'" ,.., wpp f~~O' F'PL t,qst. ~ .. ~r ~ ,~~t ,. I: ~ ~ . =a-IJ.8.' I: d ,).9' "., ,..01 0 0" i \ ~ Rim fl-_I.J.99' ,,,,0' 10ifoshington ," 1 I ,~.t;1 Palm I ~ ~ ~ 1 ~ ~ RIm a-,....'. c5 ~ IIi 3= 107+00 108+00 109+00 110+00 111+00 111+93 t! ~ ~ ;;; ~ ~ a:'l U1 0) m CO 0 0 0 0 ai""': r...: ~ ai z ~ ~ N N ..-- .... ..... ...... ......... ................... IX) ~Qu \ ~ fa ~ 0 :~ ceo 0 . EX, GROUND El. (rrp.) ~ N u.. o '" w lEX, GRdul ND A80VE FM ~ ~ ~ ~ f . 0 '" ...... I ! N,....(I)C>>O ! -; - -- -- ~ ~ ~ ;;;- ~ ~ 36" 24" TAPPIN" SLEEVE --- - ~ /' - - ~ - - - .. :;; d iJi " --~ ~ '" z <I UJ 24" GV "-' 0 Ol .... i!! <I ~ 08+54,4 - - - - - - - - - - - ;- 5 Q ~ ~ ~ 1 TOP 9.6 '\ / ! ~ FG 11.9 f 10 10 . S ~~FM '\ ; S OPEN CUT I ~ '\ ii~ ~ ~ '\ ~~ I - '\" :I: ; DIP/PVC / 15 ~ l TRANSITION \. - J III s: ~ ~ " 110+79,7!l! II> ~ ~ '" EL :4.3 G ~ '*t I ~ Z OJ::; ~ i I ~ t ;- ~ MIN. 124' RJ ~ , I ; UZ ! <(~W~ I ! (J ~~~~~ If Z"O ,.... & , 0...... 0:: D..,.... I ~a:: a.~"'" ~m_ , Z 2 0 Z 0 > r ZW~ ~ . o<(~<(~o ~ ! mz ~o I I UNLESS OTHERWISE NOTED, THE ELEVATIONS tillN, 26' RJ , ~ Q ~ i1i ~ I 0 SHOWN HEREON ARE BASED ON THE NORTH . 0 >- C!l a. g: ,.... I AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) ..!::: Ii! ! SCALE: . ~ U ! I HOR. 1: = 2,0' ~ ~ I & VER, 1 ~ = 2 a. f- I 1 y' FM T.O.P, EL. (TYP, i -: I SHEET: I · oR 0 IX) r-... ..., CO N ..,. If) IX) ,.." ..,. I! -4 ai! ai cO cO cO r...: ,....: l!i lIi ..j. ..j. t ..:-.q: ui -4 F M-1 I ~ 107+00 108+00 109+00 110+00 111+00 111+93 ! ~- -- ..- ~ _-------- 'e.~ SEE SHEET FM-1 FOR CONTINUATION \ + + +, +" \<::{> +~.. . NORTH ~NE OF 110' REOUIRED L-30 ~ 0\ o -'0-;- - -40-CJ--=~-=--'-"- - SOUTH CENTRAL - - - - - - I 1 i - T -=-_16 - -l~- - - - _------~ \~. \"'+'" +~" +<" +,~ 'e.~ "~. "< ~ ~\'f2, CAN:~C~~G~T B060~~~~~RpZ~~IC~~~ ~ l : ~~ ~ REGIONAL WASTEWATER I /---." ----------r \ \ ~ ~\~ \ \ S~~~~~ I .... )""6 TREATMENT PLANT __------------t---t -:.f _-~-------- - LI'ttlD R/W ~ '\ () 0 :. \'" \\\cl 0 .g' ~~;:i SCALEINFEET / _---------. AI .!fJ- \ \ \ 24" 45' BEND r- 1:;. C) I 01-; ~ >-:i:ll~ / __...+;. _ _ ~ r . \" ~ ~~ ~ .a;: u_ ~ North -'~ .-<------------+;; r C/) I I STA, 217+07,7 \ "'t7 f:" ---- ..... ~< ......;--......, _--- _------ <f.s,p .~ mi. \ OS: -20.0 Vl ~ tA \ '- <P -------"1 ~ ~~~~ .....-----....,,-----------,. _---- . 'It !:. +'. DIP/PVC TRANSITlON \ 0 t-<... -- c: ,,-,.""'" ....... ."'"" ::!---- ...-1-:_ ....a.. I I ~ ~ -.1'....+ \l?'" +or q,. ~\' ------1 Cd .:. <;i.o.g > -----/- /- <. --------~, _1 : . ,~>, llitl. < \'~ ! - '0 ...----- ..,..., ~ 0\ ~"-~o _~~--- _-- -+- -, -09 ~~ I I) ~.s :!i7Z ------------- ( ~ I ......... ",~..."" nHW l- -- ~ f"""""l Q) a ro15 ~,p-, ~ I -- -- ~ _ _ _ ~ OH \ I 2 ~.~ N :u OHW ......------ 1~ ." - - _ _ _ _ \ 24" DIP FM AERIAL LL c:\j 0\ u; _ _ _ _ _ _ - - - - - - - - - - -'< - - - - - _ _ _ J ~ t CANAL CROSSING " I :> t.5 e _ _ - - - - - - - --t::>;.... - --+;- - _ _ \ ;:, ~I f- ;;> . . - . . - .. -;4~ ~VC ~ - . - - . . \" --- PRo.PO\SEDPILE TYP) J:g~~:6CUTWM I tJ ~~ II I (j) I'M I'M I'M riot I'M ,tJ -------- I (j) ~ +00 214+00 215+00 ~ 216+00 21 I !Xl '" SEABOARD COAST LINE RAILROAD v' I W ~~ Z BL BP: 213+00.00 STA: 216+47,9 I ~: ~~gi~~i; 24" 45' BEND BL EP: 111+93.10 OS: -20,0 -.J '" , , STA: 215+44.0 N. 78238219 I I ~ Os: -20,0 E: 955273.20 CONSTRUCTION BASELINE 0 ~ . , WEST R/W OF CSX RAILROAD 24" 45' BEND I f- ~ 62 STA: 218+0.6,5 <( Q ~ OS: -20.0 I :2 ~~ ~g~ w ~n ~ r;.:~ngFlcop 'i::9n.COP \ 13.76' I 13.90' 14.0" \ ~~OO ~#OO ~~OO ~~OO ~~OO ~~OO ~~oo 20 20 l:t' . (7) ..... CD co co D'J en "":: N, . N, oct; ..... a oct r') "'0::( o ci oi ci ai ai oi en 0' 0:..... to 0'..-' ..j 0 d ~ .... II I i I ..-..... ~ I LIIDD L-30 CANAL R!W g , .. . EX. GROUND EL (T .). 24" DIP AERIAL CANAL CROSSIN , -.- -- - -.I>IOTES:---r------.----..---r--------..-------.--..-----.------ --.-.-------------------c. ---------- ---" -----.-.-----.------------.-..-- -- - ----.-- ------T-------I- --->--------- "'.--- - - - -cIJf,fPTETtIY---R'ES'm7.:iNro--------- --------,--------------------------------------------------- Vl " THE ~XISTlNG L-30 CANAL SE;CTlON DEVIATES FROM E DESIGN SECTION! lJl ~ (PROIIIDED BY LWOD) DUE TOITHE GEOMETRY AT THE CSX AND INTERSTATE 95 '24" 45" BEN __ __ CROS$ING. 1 . 217+16, ~ ~ ~ ~ i . : TOP '5, U ..., 0 ..., - 2:--NO-O~SlGN-D;Nl\1.:--sEcnOIlf--CONSTRUCTlON-IS-PROP D-INIFtIS-CDNiR'A-cT.---,--- ----- --------------------,----------"t- ------+----.---- ---i- ---- Cl : : i. ; RESTo.RE EX. BERM EL. !l! ill 3, THE EiXISTING CANAL SHALL BE RESTORED TO PRE-C NSTRUCTlON CONDITION i (TVP). ~ Q 15 OR B~TTER ACCOIlDING TO THE DETAILS AND SPECIFI ATlONS IN ll-tIS PLAN S;T,' ~ lZ !l! () SEE $HEET 0-5 FOR REVETM~NT AND ADOITIONAL RE TORATlON DETAILS AND i ! ,!, I 24" 451 BEND Cl Cl " 0 --"-----------.---------j - _.._._..__~.I".E_c.lfLc......],Q!O!S"._._.-----------+------- -______ _ ____________+ -----_-----+--1-----1--- _____~--------- .__~---- . .____L_____211H1S!6 I . i' i : : i'; TOP 6,6 I _ "- ~ 4, A 20:!1 BACK-SlOPE SHALL ~E PROVIDED FROM THE ISTURBED TOP OF BANK GRADE BA~K-SLOPE 2p: 1 I . FG 10,5 0 ~ ~ ~ TO TJ-iE RIGHT OF, WAY LINE (ACTUAL LIMITS OF RECL MATlON TO BE FROM TOP OF BERM iTO DIP/PVC TRANSITION ~ [;; I:; XI ;: DETERMINED IN THE FIELD DURING CONSTRUCTION), RIGHT OF ~AY LINE (T'j'P) Ii"! <D III -;n- 0 , ,. , , 24' 1 24." ~ I:; ,... " N ~ '.. , ,. .... w .., .. <: -------.----.-----..-------~------.-----'-....----...--. ------- ---4:.-REFE~.TO..'lHE--SmU€-TURAt-.p;l::AN--SHEEr-S..F0R--PtLE ESIGN--ANiJDETAILS: - -..; -. -- ---.--- ---- - ---- ... !l! ~ S. . " ~ l ~ d ~ :i I I (C)z<w~ 1 ,I 1 ~~o~5 ~ ~ I J 0 -, .... 0 en " 10 - I I 10 - ~ 24" 45'i BEND DESIGN HIGH WATER = ~ 217:+07,7 EL = 9.7 . g i ! ~ -~- .. -~--'.~;r;:!.f.g----r----------,-----et ------ 1--1: "~k"-"~;~_ r"d~J ;;;;;l ,.,n - ~ Ii g TOP .5 8 .., .... , I i I --J a: ,'" , i =:> w s: "" i FG ,9,6 'I --. ~ lZ "" i I ~~w ~ 1 f W .., a.. I 1 i i i r i ~ 0 Z 24" 0' BEND .----- r-- 33' RJ l:5 <( w 0 15+400 \ ID::2: ::::! 0 0 , I u. + TOP 5,6 168' RJ 1 Z ~ 0 <( en FG 9,6 I 0 '" 0::: 0 "-: ~u... c..lYN _'n I Z 0 ::::!o ~X, CSX BRIDGE PILES I >- u. 0 <( ~ I(SHQWN TO TOPlOF CAP) 1 I 0 <i! ~ 0:: 0 I. . II IDZ ><':i? , II U.OZCl)LO i 0- ::sU...... o . 0 c.'J N II r-..... "I ~wc.. . I II y! II i .-0:: ! I I I I I I SCALE: 0 i EXISTING CANAL SEC';ON: N ~ I 1/ HOIl, 1" = 20' ;jj . I " I I ' I r VER 1" = 2' ;0: · , .......... ...-- I I. '11; It ",.{I'.u- .. V... I'M T, .P, EL. (TYP,) 1 1 I.., ~ 'II' II. "'II ; i: : I 1 I I ; 1 I SHEET: ~ <D '" D. N..,.... 10 <D 1 I ": i I I 1':; I II': i /.:' <D "': ... .., :i . . . . . . . .. . II '" II '" 1110 oIil ...' FM 2 It: -4 If) It) to, lD to to (0 to' to .- .- i ....! _ U) to to to -4 _ E ?1 '4-nn _.___ 7144-00 71.,,-...on ?1R....On ?17~n(\ , I I I I I I ?1Rlrln I I ?1Q...nn _ .__._~._-~-----. -- --. .~~,. -~--_._""-'-_._--_..~ ---- "'y nidi. 11: \fi1l1 ~J'lfDn B-=tI FOtu .IlmV. DCSlGH DATAV.lS IIQ Dro./n\l.\Cd\dw9\6lS1""az...., ... 11.17 eM lIO.5O PfoCled: 1/2~ f2:JltIJ PM So..c 6ft/~ II:'>>:"" /IN ,I MA TCHLlNE - SEE SHEET' FM- 2 ; .J!I.6.2 0 0 ~ '" :! ~ ----1-- -l---,...---.,..-I------r--- \ I 0 I lJ) 15 ,\ \ I I ~ ~ . I 6,1 I . i ~ ~,;;-- '- I \ I "'j:~~:' 'I ~- ~ !~. ~ l.- -r . I '" I p:-,,, I I I i '- \ 0<0< I 1 ~.",...z I . ~ ~Mlo 5,9 . ! I 9 B ~ I I ~ '" '" '" I I I . 0 1 I . 01 _ _ _ T __ _ _ _ _ _ _ _ _ - I 1 I .,,~o , ! I I I I ~i5~!l I , I I I U) , "'~~M I I 5B ~ I ~ '" I I I ~"'~~ . . 9 7 ...... A . r'lc;)__ N ...'~I..... ," "-1 . 'I Q) . : I ~ ~ Q I '-! I C) ",r I 00", '" ." -<"" A' 1'1 Ul'" 8 <... "o~... I I ,'" (lJ~c \ "te :I ~ \ 0>_ 5.7 !D +..,.. 9.6 ~ ::tl ~ I ) \ ~ -< ~ '-I~-~01 1 t::J ~ ~/ \ 0 COw OVJN CD . /~b , ~~~~ ~ : ~ II! ~~~ ~ i tJ/..~/ ,"\ I 1 56 !"p.;'... ~ A ~?' \ , I . ..... . 9.4 0 lJ') <J ~ 0 ~ \ . \ I o~ I ..... H g 6 , \ . I 6 I .-- ~[ \ I '" Ul I ~ I I ,~'" \ '" ' ~g' '" 5.5 ~ ",!t ~ ~ I ~ \ ~ I '" 1 F: I 9.3 0 ~ \ I > ~ I ~ n 1..~tI\ I -f ~ I 'T' I ~ I ~ ,\ ,/J'f ~~ :: I ~ \ h '1 /~." ~ 5,4 ~ 9.2 ~ ;::: / 0 ~ I' I .~,..... I 'll ~ I \ ,,~1 :~ I I ~ \ C) I \ I )>0 I ;ij I A \ / ~.!. 5 3 J'" ~ \:),'f ,6,9 e'o~j CO I . ~ 9.0 0 ~ I t4~~d _"~' N I I 10 .', ,od I I '6'9. O"J :""",, d t~" pJo I I ~ I O~>l ' 5,2 .._m B.9 7 I I i I I I I I: I I I I \ I 5,1 B.B ~ ~ I I I : g~1 I :: I I ) I I I ,," 5.0 1 B,6 'l: I I I I o I 1 I I I \ I I ~ , I \ I I I I , 4,B I B.5 ~ ",'r : I I t I I I I I \1 I I I I ' I 4,7 B 3 ~ I""-~" 'I 1 3rt3SV3 ld1 ,011, I I , I 1 I I, I 1 I I I 4,6 I B,2 ~ : : I I ~ I I i \ I 1 I I I , I I <:: . " 1 ~ 1 4,5 B,l ~ ~ I I .1 I " . + I , ! I 0 I 1 I I I i I 0 . L ::::- \' I 1 ~41 .'1 ~ I I I ~ .- <l' 0 .. 4.4 ~ 8.0 ~ I I :: z 1 I fi I: ::urri I f !il ~ Ii I 'n I ,I ~;u ",' , I I .1:\ I 1 Om II 4,3 z ~ ! 7 B () 'l: I , . -< got 'en 0 ~ I I I I OJ -<." I i X \ I I I )> r , I I I I I! ~ I I I: -< 4,2 I \ 7,7 r= ~ I : 1 I ! I I I , I I II ~ I ~ I I :: I .., - - r~ ,.. IJ 1 I : i i I I : I I I I , 4.0 '7 5 ~ ~ ~~ I I I . ~ 'I 6 I I :: I o I 0 I ' I 1 I I I I I cii 3.9 \ L 7.5 ~ I , : \ ~ '" ; I ~ I I I , r \ \ I I ! ~ ' I' I ", ' :;l ! ..,+ I ,/.+ + + + + 1 <i' +" .,+ ., =0 ' tot. OJ c;. .\..\..\. ~ + .p c.Q, 3,8 v L 7 B ~,...b r..r.. . ...t. q "t ,.~t~..\. ....+ \.+. . . 0 I '\; l,; - q,' 1,. ~ .~ '. m r'm...m_- :' ill ~ ' ,<i' II I ~ I I II \\, I 3,B'46"ivp .... Ii 7,8 7 I' I ~ ~: i I I , I I ' , II I: : I 3.B 1I,...m 7,B 2] ~ I 1 :: II ! I I' , I Ii \ , I \ I I 3,B II 7 B ~ l ~ I : : I . ... 0'" I , 6 I 6 I I \ \ o I o~ I \ II I I I I 3.B 7.B ~ I'" :: .. I !il~ I I I ! I I ~~ I \ I I g~ I ] 3.7 7.B ~ ~ I -H: 'I '" \ tr I I I 0 I I , I ' I I 'I I ' 3.7 7,B ~ I : " I ~ I I I 1 I I \ I I , I I I , I Z IUl m V) I , I 0 3. 7 ~ ~ I 7.B b '" I I I I ;:4. :..F.i I \ A l : J :::r! " I ,,: ~ ,,~I I :: 3,7 0_ 7,B t;; _ _ _ _~_ _ "iJ _ _ _ .;. - .I. ... - - - - - - ...J - - - + I 0 ~ 0 ... JUL 2 g loaf 0 MATCHLlNE - SEE SHEET FM-4 PROJECT: ENGINEER OF RECORD CAD 667f'M02.DWG REVISIONS " en CITY OF BOYNTON BEACH JAMESW, RICHIE, PE NO, DAK DESCRIPTION BY Wantman Group Ine I REGIONAL FORCE MAIN PE# 64778 JOB NO. 407667,01 DRAWN CEG. SES " " , . ~ m e-:..' TOTAl SHEETS 62 DESIGNED JWR Engineering .:. SurveYing .:. Mapping I m TASK: PLAN AND PROFILE 2035 VISTA PARKWAY SUITE 100 W -l CSX RAILROAD DATE 3/9/07 CHECKED DKS, JWR WEST PALM BEACH, fL 33411 . . (561) 687-2220 phone (561) 687-1110 fox 219+00 TO 225+00 ___""UD SCALE 1:203REF QC JNW CERT No, 6091 - LB No. 1055 ___ ~____ ~_._~ _0 ,R/ctI'- H:\661 BO)'"llan B...dl rO'u .lfoilV. D!S1GH DATAV.6 l'IQ On>"~ll'.\CM\d'"'5l\fjli7fmaz..dlolil ... 11.17 ~MI 9050 Mollftt 7/25/2006 lZ:J~OJ PItl S<I...a: 'fi/2OOfJ 1I:J2;-'" AM 1. 0 0 ~ MATCHLlNE - SEE SHEET 'FM-3 ()O + - - - -\- - ~ - - - i -. 0:...... - - - - -! - -Il- - - g D g ~ ~I I I I I . .'1 4t I C) '~I 0"1 I 3.7 I 7 B ~ a I I \ I 1 ' 0 b. !:! I I I I I 'fl 11 \ \ I I I -< I I I I I I \ 37 '" ~ I I ,_ ,7,B ~ ~ I I \: I I '" I I I i:' I I 1 (') ~ ~ II I I I I ~ 3,7 7,B " _ I 1 r- I ~ I I I I '" I '" I I' <'.. I 1 I \ a I 1 I I ~ 3,7 7,B r ~i:' II I I \ \ I ~ I I I I I " ; . I : : I , 7,7 "", I I I 1 2,i:' I 1 I I 0 I I I I I I I I' 3,7 7,7 ~ I o~ I \: I 1;11'; .,t ",+ I I I ~~ I ", ., I I i:' I c"" I I --1<:: 1 I 3.7 7,7 r I{/ Ii: I I 1 I" \ I I I I ~ 1 1 3.6 I 7, 7 ~.., , I \ I I <::1 ~II I I I I I I I I ,I I \. 1 I I 3,6 I 77 'l: I ~ i!i I I I I I ,DC> I I I ~~ ' 1 I I \ I I I \ I I I I 3.6 I 7, 7 ~ ~I : \ I 2, I I I I 0 I I I : \ I 3,6 7,7 ~ i:' I I 1 I o 1 I I I I I I I I I~ ... I '3'0 1 ~ 3,6 76 'l: I ,Z~ I , 'I i:' I I : I I I 3,6 '" 7,6 ~ I : I i ?.;0 3,6 <:: 7 6 (J) ~ ~ I I I ->. i:P I ' 0 ~i:' I I 01 . X I 0 I I I I ->'->. I 0 I I ~ w I ~ I '3'0'1 ot 1\..... (,Q I \ 4B' iTYP,) - m 'I I \ CJ1 (,Q 3,6 7,6 r d I I I W ...... I ::u I I I I I I ~ :i! I : Iii l 3.5 I 7.6 0 'l: t I o I I' 1 + I ... .+ .,,+ .0/ ..-...,fl I ~ ,., I"" (, I" " .j.'~' "'I ,,1,+ ,,+ · ~ . ..... :r " I" <Jo ,,+ .' ,,+ " "'" I I 1;1.... . z< I ~,l I tIl 3,5 () () I 7 ,5 ~ i:' -\ I --c." ..--'--'" 0 ~ ~ I I --1<:: I : I Ii: I ~ I I lN31'l35V3 ldJ ,Oil, 3,5 7,5 ~ I I : I \ 'I : Ii! I : I I I I I 35 m ~ \ I , 7,5 d '" I I. I' \ I 2, I I !:! I I 0 I I : I ;-l I I i:' I : I I I 3,4 ~ I 7,5 ~ I 1 I \ I '" I I ' I I r I I I :.... I I I I I ~ I I I I \ 3,4 ' 7 5 ~ I 1 . ....._ I .--' 0 i:' I I 1 1 I : II : : I 3.4 ~ I I :: I 7.4 0 I I I I I I 1 I I i:' I I ~ I .' \ I 3.4 II 7.4 ~ II If: . i I \ I 1 \ I 4+ .t I I I I I "I I I '" I I :},:} 7,4 * ~ ~~II I : II g : g I : : I I I I I \ 1 I 3.3 7 4 ~ I I 1 I --,--- I ---- ' 'I i:' I : : I \ 0 I I I I I I I I I I ~ 0 , ~ 3,3 I 7,3;3 I I : I \ ~ N I I I I ~ 0 I I I m I I I ' ~ I I V]!:! I I I I ' 3,3 . 7,3 ~ '" II I I I ... I b. I I I 0 I'" I 1:\ ~ I I D I I I I ~ 3,2 :~ ~ ~ I 7,3 ~ ~ i:' I I 14t,.t ;[ :-;~.r,1 I \ b 1 "I ::r U . I : C) I I :: \ ~f".) C) N .1 " ___~__"~---- _._____J______ I 0 ~ ... JUl 28 20080 MA TCHLlNE - SEE SHEET FM-5 PftOJECT: CAD 667FM02.0WG REVISIONS ." (J) CITY OF BOYNTON BEACH NO, OATE OESCRIPTlON BY Wantman Group Ine I REGIONAL FORCE MAIN JOB NO, 407667,01 DRAWN CEG, SES ,. " , . $: m n .... ,TOTAL SHEETS 62 DESIGNED JWR Engineering .:. SurveYIng .:. Mopping I m TASK: PLAN AND PROFILE \L--- 2035 \/ISTA PARKWAY SUITE 100 .,J:::.. -l CSX RAILROAD DATE 3/9/07 CHECKED DKB, JWR WEST PALlA BEACH, FL 33411 , , (561) 6B7-2220 phone (561) 687-1110 fax 225+00 TO 231+00 DC JNW CERT No, 6091 - LB No, 7055 "~-_.--~-------_._.__.~---_.- .~_..._..- ---- 'I Riehl. N:\667 8o,..,ton Swell (Ot'<;' /IIoln\f OCSlGH DATA\'.&" IQ' O"".In!i'.\CJri\dw9\667lrnOZd_1I ora 11.17 eM! 9050 pt"lt.d: 7/2~/2OOfJ l2:J~"4 PM SG-..ct 6fi/Z00IJ !l;JZ;:s5 All I MA TCHLlNE - SEE SHEET TM-4 ~ 0 0 - - - -\-~ glj- - - i - - -r -;- - - - -1- - - - -- I I .... ~ I I I \ I I r- I I I 3.2 I" '" - II I I I I 7.2 0 <: I \ I I I '" I I I I \ I I I 1 i I :u I I " I hie I I . '" 2 >: 3.2 I 7,2" - I ~ I I i I ..... I I I ~ i I I '" I I I I ~ 1 () ~ \ r-- 3.1 .. J ----i _._.......... 7,2 ~ ~ ~: \ \ I \ 11 ~ I I I I I '" \ I II ..t ..t I I t1q I ~"l 3.1 i I 7.2 ~ I I I \ I I I I I I : I I I i I I .., I I I i '" ",iC I I I 3.1 i 7.2" ~I' I' I I I + I I i I I g I : : I ) I I I I I \ 3.1 I '" I I j I ! I 7,1 'I~ II : : I " L~" \: I \ i I I ~ I ~ I I I \ I ~ l I' I :: 3.0 g 7.1 '" I I \ I 5 I I: : I I \ In I I I I I I 0 I I I 3.0 ...: 7,1 ~ ~ I I ~ ~: : iC I I' ~ I I \ I : I I :: N to ~ 1 I 3,0 I 7.1 ~ <; '" I I I 1 I 6 I 6'" \ I I o I 00:: I I I OJ "' 2,9 I ......... ..... ... . 7,1 ~ II' I i..t) ~ 8 I, \ ~ ------- I r,:lit.~ ..-\. ~ \ I I I 'I" I ....>. OJ \ I 2 I I 01 ' 29 '" I I J -;" ....>. \ I , I 7.1 0 I I I ....>. v.> I I r I ....>. ~ I I I I 01 -..J I '3':)'1 ,ot I I v.> I I I I I \ 2,9 7,1 ~ I I I _ 0 ~ I I : I I ~:: '" I ~ ~ I ..t I t z I i q+ .\.... .~Jt. .,t r..' I ... + ... .,,+ .tt+.q, .q 2.9 :... \ 72 ....+ ~ 'I:!i+ .1,,+ I,,~ tP I .q.... ,'" .f I 11,bl" (l~ :oil,. ...1. Ii' ~ tl' tn . ., 0 rl' I ...1" I I ... o I I I ~ \ I I I I I "'''' 10Vl'" I I I 3 0 "'... \ '" () "'VI-<'" t;l I I \ . '" . 7,3 ~ C/) b" ~. "':oJ A I I G) + \ I G) +0:: I V I I g:< 0 X 0>"'< 0 l/l I o \ 0 ~ :0'" 0 I ~ \ \ I \ 1"' 3.2 \ 7.5 r= ~ ~ I I: \ ::00: tN3ri3 V3 ldJ .0111 I \ ~ I ~ : : I 3,3 \ 7,6 0 r I I i \ I I ~ 'i' I I \ \ I I ~"I I 3.5 7 6 Qi ~ I I \ \ : ''I I ~.t .i.t I \ I I 1 I I \ I 3,6 \ .... 6.0 ~ I I \ -. .. I ~8 ~ \\ I \. I VlZ I I I;~ I 1 I \ I '" '-c '" '" I I 3.7 8.1 b =: n ~ ~~ 1 I- I \ I ~g 6 ~~ I I ." I I 0 Z 0 I 00 I I '" \ I Vlg!,., c." I I I 6: '" xl(l O::~-<'" I. I \ 3.9'nL \ 6,3 0 ~ I I , I '" d I I I P I I I .:... \ \ I I I \ I \ ~ I I I 1 I 4,0 "I' \ "" ........... 65 '" I I I 0 "', ~ ' 0 ~ I I \ \ r I I \ I : ~! I I Ii;:; I \' : I I \ I G)' 4 1 I \ "" '" '3'n I I I N , . o' 6 7 ~ 0 '1" ... .... '\ -'~i' 'I ~ ,1I I ".t ,A I f" "'I I h ~ \ \ ': I I I I ~. I 1 4,3 \ ~I 6,9 ~ I I I ~ '-..-' I I I . I I I' \ I I 1 I \ Z I I I 0 V. : \ 9.1 ~ (') ~~ I WI ~ I , \ ::4- I 0 61 ~~ I I I 6 =r h 0 I VI!i! I );. I IV '-i I I ~-l ~ 4.6 ! \ 9.4 b..... I ~ I I ~ ~ I r- i \ I ~ . I I O:!) I ~ I I I I ~~ "" \ VI I I I . ~ I - :,.., -< '" I I c \ '-. i.p. ?':-Jlo. CD ::io ~ 4.7 : II 9.6. d ~ \ I C ~ .."',..... ................ \. 0"'''' >'" I I I ::<r I ;;i~~i"! !'!~"! I I 0;:'-'; I I ,,~ f ""I:;ll \ I ...,fll I..... !'!"'~ I I ?16 CO -Jlo. to.)\%. to.) 0'1 N Z Q) . fT1 Z '" '" "'0...,..... \ 0 ;., 0 I :u i1 I 1 + W I \. I 0"" \ ' 4.8 J i N;.flo. 9 8 ~ a I ~ ~ ~ I I ~ 1 -<""'" \ ' h :"00 ..+.+ ..+ ~~ 0"" ! .....,00)[. 1?1 ., ~.;b:J..--: !!; G)"t.'w I 0 I , ;Z \0'" ",I'" \ I I I '" 0,"'0,5 I I I kIVl 0. / '" 4,9 :'" 0 0 9 7 0 e::~- ~ /' 'I I \ J I ! . . I I I \ ! n " I I II I I"'.'" '" I I ! q _ _ _ .-:;_ IIIMP -. .... - - - - - - - - - 10- ... 0 MA TCHLlNE - SEE SHEET FM- 6 PROJECT: CAD 667fM02.0WG REVISIONS 'TI (J) CITY OF BOYNTON BEACH NO, OAT[ OESCRIPnDN BY Wantman Group Inc I REGIONAL FORCE MAIN JOB NO. 407667.01 ORAWN CEO, SES " .' , . ~ m Q;-. TOTAL SHEETS 62 DESIGNED JWR Engineering .:. Surveying .:. Mopping I m TASK: PLAN AND PROFILE ~ 2035 VISTA PARKWAY SUITE 100 01 --i CSX RAILROAD DATE 3/9/07 CHECKED DKB. JWR WEST PALM BEACH, F\. ~~~1' . . . . (561) 687-2220 phon. (561) 687-1110 fox 231+00 TO 237+00 1 ~ 20 ac JNW cERT No, 6091 - LB No, 7055 ~ .:.::'" '''' ..,..,~ -- r~. ....~. DC"'" DArN.' '" ~..\""'\...\..,_... " ...IT "" """ A."" '/ZO/2000 ,~<<>~-: _ '/0/2000 ..,,.,.... . ... I MA TCHLlNE - SEE SHEET FM-5 -flo. a 0' '.. . I - - - -I - -, "1- i - I"r"I r"" i -; - - - .., - - r r - - I ____ \ I. I I I I __________ \ I 0 . 1 I 4.9 . ......... ~I .....!.. :r .~:~ ~ ~ ~ ;: I Ol I' .., -<", '" I I. I I I Q 1 '" ~S6i~~ I ~~~: I \ ;U I ". ...,+... I I" I I ,-, I Ol.Po> I ,.... 4.9 ! lDF ' I 9 7 ~ "'t: "! I I I .... ........... i -t. ........i9..CD .. ..'. 0 toN I I I I "T1~:NJ\J i ~ I I ~~~ ~H-~ I C1 0,,,,... I .. > . 0 z ~ I I U) "'Ui~ :r I 0 I I .. .JlI. 9' '=' --0 I I --- iD=,,"!Nt;; : + I ~ I P'~~ a I I ~5 lD,;>- , I I " + I 0" I I 1 o;u 4.9 :-flo.m : ~Ct IlIC~ +~ c- ; 1TI ! 9.6 ~ f\.J z Z N ..... ----+..-z.-. -1 ( ..........-... 0 I ... I I 0 0 I I 0 I . 0 + . .I:.f .\It Z + -+ i I + .t.+I..Jlo. c."fJ I eft \," I ;.,~ I ('T1 ~ ~<.b tJ"'O .~ : ! \ 1 t/ rf \. ,.(00 I l?< r cj~ {. , ! \ 1 I I I ~~ I 4.9 I : 9.8 ~ ~ I I I C Z I ........ . ".... _ ----... 0 I I I ~C1 I \ I I I "0 , 1 I I 0'" I 1 I I I M~ , I I '" I 5.0 I i 10 1 ~ ~ I II ! I I I ~ , 0 ~ I ~J I I ~ I \ I ~ ~: \ I \ I I I 50 ID I I I . ............ .... I 10,4 0 I I I I I I I \ I I ~ i : \ I I I 5.0 10,8 ~ I I I -._. \ -- I I d :: I I \ 1 I I I I I I I 5.0 \ """"" , 11.1 r.,oiCt\+ ~I"'+ ",,+ ~ II ,0'+ 10,+ )) J j I ' r\. l,; I ~ I ~b1 -;..+ .tt.q 1 I 'I ",,0 d',' 50 I l tN31"t3SV3 ldJ ,011 1 i . I 11,1 0 ~ ~ I I I I. I I ~ I 1 ~ . [ I 5.0 I 11,1 ~ I I \ 0 I I 1 I I "'U. I G);;o I : \ ~~ I I 5,1 . _.. I 11.1 ~ ~ I I Cf ~ I 1 I \ ~ w I 1 I I ()lO 1 I 1 I .J>. 5.1 11 0 ~ I ';,i '" o~ I' 01 I I " ' I ~~ I I ~ I I on 1 I I I I 51 ~~ I ... to -+ I I . 109ft." ...., .OJ + .................. ~ ---I ' .< 00' ." ..,+ ..,+ If .o-f . -",~ ,4'+ .0'+ .. ., I' .. " "~I ... 1 "I" d' " ./ I 1 I; \ ,- I ~ \ I 5.1 ....... I 11,0 ~ I / \ I ; / I I 1 '3':)"1 ,Ot- . I I \ I 1 1 I I ; \ 5,1 1 11.0 ~ ~ I . / I I I I 6~ t \ \ I 0 1 0 I I \ en 1 I I \ I 5.1 I 11 0 X ro I I I . ~ 0 '3'n I 1 I I I II I I I ' I I I r I ~ I I I I ::u I II I 0 I 5,2 I 11,0 0 ~ I ~ 'i' I II [) I... ..... .--. _. ................... .............. 0 I I ~ :.. I ;t> I I I \ I ~ o 1 I I r- I 1 I I I I ';' 52 ID I ~ '" . i I 10.9 b ~ I , . ~\+ .~, .,,+ .f/ ,or' - I I ,t ~,+ ,. 1Jo \ I..,' <t :-.. \+ +..+ I ,0 I ~\. \ t\S J 'l~r. I r.~' fl' \,: \ \ I I I \ \ I I 5.2 .... 10,7 ~ I \ I I I 1 ~ \ \ I I I, I \ I I ~\ I I 5.2 -... . I 10.5 ~ ~ \ d 1 I }, 1 I + I \ I I .." I I I o~ \ \ I ;::, 1 ~. \ I I :-<: I ' I ~ I z" \ I I 5.2 ~ i. I I I 10,3 ~ I g ~ \ I I ...... pel i IT-!n I -<2 \ \ I r~ , ~ 1 V) ~ I '" 3, I '" ~ I ~ 'iJ! 1 :.. . \ I 5,2 vi I ... i '" 9.9 ~II ~~ II' I \~. ~o \ I I i ?< ~ . . I I I ~ I '" I I \.'\ .}' 4 ; I ro t::) .. ' '0" 5.3 I I I 0 9.6 . ',. -.--'~-:7------~ .1." I .. ...... ....- .t~....~ -.. I [) I . ~ ~ ,,,0 ,,' I ,0 I I' ~ 1 a ..+ I .,' .,' > 0 .., I \,'4 \,.' ,.\, , I I CD ,., :.. ;:: I I ' 0 r 1 53 I ! ~ ~' ID V) ~ I 'I . ,-.-... I",,,,,, 1...-. 1__ 9.3 d -l ~ .",' . .'(, I R I \.~ '" ,ft I I.:.. r- 5' : I ~ I I ~~~ ~' " 1 ',' i " : ; 0' rr I I I I 1 ;:: lili' I 5.3! , ............ I 8.8 ~ '" ~ I I J I 0 , I 1 a ..,CDI I ! h ~~ : I : '" ~I I ~ 0 " 5,3 I J 8,5 ~ I ~ '" i'.n .......... I I ~ 0 I I I I ___--- ~ i 36" (MIN.) I l , + 2 I I ___ --- --- , 5.4 I '\ 8.4 0' II . + --- 1 .............. ........... .,' ~ ["+ ..+ 10,+ I ... a" ..1. tJ.: i \ I ___ ---I --- z , --- . I 0 5:?.......... ._j~~ ~ .-... 1.- . 8,5 ~ ~I I J ;4. i~-f:1 \ 1 I :J" 1"'"' \ : I I II I"!~ tIl () I . : \ _ _ _ ..ol_ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,_ .. _ 10- ... JUL 28 10080 MA TCHLlNE - SEE SHEET FM- 7 PROJECT: ENGINEER OF RECORD CAD 667FM02.0WG REVISIONS - " (f) CITY OF BOYNTON BEACH JAMES W RICHIE, PE NO, DA TE DESCRIPTION BY Wan tman Group In c I REGIONAL FORCE MAIN PE# 64778 JOB NO. 407667,01 DRAWN CEG, SES ,. " . . s: m TOTAL SHEETS 62 OESIGNEO JWR Engmeermg .:. SurveY'ng .:. Mappmg I m TASK: PLAN AND PROFILE 2035 VISTA PARKWAY SUITE 100 Q) -l CSX RAILROAD DATE 3/9/07 CHECKED DKS, JWR WEST PALM BEACH, FL 33411 . . (561) 687-2220 phone (561) 687-1110 fox 237+00 TO 243+00 1" = 20' QC JNW CERT No, 6091 - LB No, 7055 ~ ~~ ~ ----..-.- --_._--_._---- . .. ... ---. -..... .-.---- ..--- ..__.._- ",yltlch'- H: \MiI' 80)'1"11"", B.,;IcII r.,..~. "',,/nV. D(SU~ DATAV.5 IK'I Dnl,hlil,\ClWI\dw9\667fm02.dwll ... 11.17 u..f 50.50 PloUed: 7/2IJ/Z00lJ 12:.':06 PW SO>Wd: '/1/2004 ",.12:," AM I MA TCHLlNE - SEE SHEET 'FM-6 ~ 0 0 \ \ ,\ ---i- ---i-~-------J---I-~- ,\ I. I I 7' 59 I' \ CD I '" ...:....... . . ....................... ..... 9.3 c: _ \ I I I ~ \ :' 6,1 ...... \ 9.9 ~ \ :' II 6,2 \}. 10 5 ~ + , t \ r ,.."._....u__, "_; . 0 .0' .0' + ~ ' I. .................. ,'.' +1 \ ; I ~ ~ .~~ I I' ',' ~ 0 I I 0 6,4 I 10.4 ~ \ r;n 1 I ~ ~ t" ~ I I I ~ '" 6.6 I I 10.5 ~ t.~ \ . . \ : g I I I 6 B CD tN3ri3S\l3 ldj ,ml . '" 10,6 ~ , -l' .. .......... 0.., , !6 . I " : ~~ I I I .8.., I I , 6.9 : -tl: , 10.7 ~ ,j." .,' 0 _.~_.-.l..-__. _ o. . I + ,,<-' II ~~ \ I 3 n Z -0' fiU!\J!Ol ~V'I II 0" lal I I '" , ' d W '" ..,+ :r:.:: O:t ~... I .,+ I' .,+, ..,+ 0 0 7,1 10 B CD.' ,,~ '" c '"U . 'C: o;~ G1;:U \ I I , ~ ~ -" OJ I Ill.., I l " . -i VJ . ~~ ort :)!ldO ulod Il11f\9 /-- ~ ~ c..v ~ 110,11I \ .. rtJJ8""p"pfl9 tlfJO '0,," p"ll,/ :> fTl I OJ I luN'V'J e.vIV!Ol~~ 73 I" o~!J r"' ./ G') ~ 3 v '1018" . ............ 11.0 5l::! VJ VJ II ,- + . I .. }, ,"" - Z CJ1 0 Z .' ~ I Z ~d!d ~ ~ ~..p.. 1 \ d >- ?l ~ ,lIdO ._--"f' 75 \ ~~~::! 0 I '""/.'f~j':.""i! I ~~j ___\_----;:.+'~- liO . 3::.....+z: 11.3 ~,... 4' '" \ :-,,,,p,, I -j~~ ' \;:; ~ / 7.6 -+.....:- . ....+. \ 11.6. : ~ '1f = \ I l.-- 6Z-1 I 0 " I .-- "''''0r-1Il ~ 7.4 I 11.5 ~I ~~"'1!jg N" \ - - - - - - -- - - - '-- - - ---r - '- - I :~~~~ -1~' 00 j ~ ~ UJ "U ~ ~ 6v I ~~U) rT1 I i 0 OJ 0 7,2 , 11.4 I "'~Cl.'" ...--.. I . ~ ~i<! %--_-.,~_ ~~~~ ,,' j c: 0_' --_ . r--i r -____, ., I ,-: -"-. ~~.." o 0'" -_ -- tP 7,0 4B~ (TYP, \ 0 11,4 I ~r" -----r~~ ~ 36" (MIN, I ~ I CJl t. ,.' 'tlO~':)"3~S ~ <D "' S'l ~ \\o~ ~-<' o ~.... ~\~'oI~ .....-;.,' I ~ I C1I ,+ 'tl0 ~:>>~ .-- ,,/! " 'z "'I ,,' ~.--........' 6,7 / : > 11.2 I ~ ~ ~ ...-----r ./ '" I 6 ___..........---_y , I ~ '!l 0 ~~./I ! I 'I .--.------t' 6,5 I 10.7 I~, 1----- i I I ".IS~ I I ~ ----- --- -- -~------ --- - I--~_ __ I........--~ I 6,2 I I 103 --r 'I . .... ............ . .t.~./. . r...' -- ,. ~ I ~ ~ ~ , , .......-- CD r O-i~ I I: I - () 6 .ca+ ~ 0 .ca+ .ca+ . (f) I I <f> IIl-.,C ~ .. 6,2 d, I 10,1 X I "~. ~~~ I "'- I ,. ....... I 0-(0 I ~O ;:u '" .., ~~ I, I ~ ~ , *~~ I g I I r I =--f:r- 6.2.~ 10.1 ;:u I I ~~~ I =l ; ..... ....... 0 I . g"'~ o I I )> CD I -~ I I ~ 0 7 I ~5~ 6.2 .... ,I 10.1 I . ~ I '), i ~ ~ 'I " . I 1 O. 6.2 ;::; ~ 10.2 : ! ~. . .uu...... _ _ .... .L........ : i I ~ ~ I I ~ I ~ I I 0 6,2 0 : I ~... ___ 10,2 I )> : ~ 1 ~, I 5 I ~ c: I 0 \!i;l I' (f) 16,2.. . ......._ _ Qnl~,3 I, I )> , r ~ I ,,;"" I \J I.., ~ I 1 )> r I '" ;:u " ~.... I ^ 6.2 I; I ~ 10.3 I!/) I ~ ~ <,' I " I I ~ I '" 00 ~: " =i'" t' I I OJ ". , 6,2 . I 10.2 I a 11' : J I I " I I If I '!l~ W '10 . 6,2 I 10.2 I <) I ,;. I ~. I I a , I. I 0 I ~;: I I 4' I I ~,< c; 6,2 10,2 I"" I I ... . ..... u_ . ...- ..-. I ._. ~ ; , I r I t:l I 'I '" <f + , ,.' I 4 ,t'- .,,+ l.rl , 6,2 I 10,2 hi" I Ih ~ \ ~~ I I rf--' I lOb I '11zg 6,2 ~ g~, . 10,3 I a I \ I i I ! 0 irl, r;; , ......... ........... I ". I ::+ ;;,,, : I ~o I I ~IL i I i:T ~l:l I . i I . \ - - - - - ~ - .. - - - - - - - ..~....I- - - - - 10- ... JUL 28 20080 MA TCHLlNE - SEE SHEET FM-8 PROJECT: ENGINEER OF RECORD CAD 667F"M02.0WG REVISIONS ""T'1 en CITY OF BOYNTON BEACH JAMESW.RlcHIE,PE NO, DATE [SCRIPTION BY Wantman Group Ine I I I REGIONAL FORCE MAIN PEN 64778 JOB NO. 407667,01 ORAWN CEG. SES , '. ,,',' s: m Q..:- TOTAl SHEETS 62 OESIGNEO JWR Engineering '.' SurveYIng ',' Mapping I m TASK: PLAN AND PROFILE 2035 VISTA PARKWAY SUllE 100 -....J -l CSX RAILHOAD DATE 3/9/07 CHECKED DKB, JWR M:ST PAlM BEACH, FL 33411 . . >> , (561) 687-2220 phon. (561) 687-1110 fax 243+00 TO 249+00 IfIIr 1 = 20 ac JNW CERT No. 6091 - LB No. 7055 r m,'''''''' "" ..,..,~ Boodo r~" .....'r. ","ON "WV., "" .....,.'C,..,...,"'..."'..., .. "", ".. '050,""".. .;/ZB;"" ."."" '" Soo_ '/0/2008 ",:...... -,-~ ~- .~.,- -~._." ~____.__~r~ ___ r_r __.~,____...__.,,_.___.,___ _...... - _.__._----_.._"-------~--_._-_.._--_.- I MA TCHLlNE - SEE SHEET 'FM- 7 ... 0 0 ---...,.. -...,. i-iii'" - - - - - r'-t- - - -- '" 0 I. . I ! I I \ I \1 l 6.2 10,5 I I I . I \ '!( 0 ~~ l~~ I I,. C I 6,2 10.6 I " I I I I., I '" . lSod I ~ \ 0 I ., I .0' r .0' " ,",.,M " I I ("b..' -to c..... Q ." I 6.1 10.7 I " " "- I : ili~ ..:;0' : I '!( 0 I I 6.1 10,8 I I t I I . I I '!( 0 I ,0' I I 6,1 10,9 I I / I I I I m ~ II II ! I 0 I 6,1 10.9 ~ I o :x: J I ~ I 6,1 I I ~ .0. 11.0 I ~ ( : "I" I I '" I ~ r: 1:0 ~' ,J i/ 0 I 6,1 I 11.0 I I I '" ~ I 0 I II I 6.1 10,9 I I I I I '!( ~ ~ 0 I I I I i 6,1 10.8 I I I I m I 0 I I 6.1 10,6 I I I I m I ~ , I 0 I I 6,0 10,5 I I I I I '" J d 0 " I I I " . .0\+ ,.' 0' ,fo .,' 6,0 lOA I . " ,< 1 I ,; '" I ~ .3.:n ,Ot I 0 I 6,0 I 10,5 I ~ I I I .1 : I 0 m )> I 0 I I r- . 6,0 10,3 I o 0"+ c.''''-'' \ o . I , I 0 1 i ~~ I ..:~ I I I I ~~~~c..t~ ""U 6.0 10,2 I )> I I I ~e~6; ~ ;0 '" I OlD) ~ z: ^ I I 0 ~ -< '" I Ii! I "" I 0'" ... I ... n' .__..___n__ ". 10,1 I 1 I I ~"''' Z I ~ I 0 I Cl ~ '" I b C) I Cl 5.9 9.9 I "- Ii! '" I VI 1 0'" " . '" '!( -< "''' ?< z I = nn :0 C"Tl 5,8 g I -<3: r9.8 <: z I '" 0 J )0 '" m Ii! " tPt-"+ '" X b ~ 0 " .\,,+ ~' ~ C> I "- I <- 0 ,0 .' 5,8 :0 I - . 0 9.8 EO r- Z I ~ I 0 m I '" b a r I I "- ~ I I 5.8 9.8 I <::1 I I I '" ~ I 0 I 5,7 9,7 I I I I I '" 0 I I I 5.7 9.7 I I '3.n I 0 '" ,l~ I 0 ~, ~ ., I I I 5.7 9,7 I I I I '" I 0 '" ~ "r;,b ~( 0 0' I . Jlt,t I I ... ,f....... , 5,7 9,7 I I I .. I 0 m I I ~ !g 0 Jl_[ :j$j5~ I I 5,7 9,7 I n j~~n~ I I . . '" I I 'II II 0 ~~ I '" .' I ----..,j,-'" b...-_-=--_____ I 0 0 ... JUL 2 8 2008 MA TCHLlNE - SEE SHEET FM-9 PROJECT: ENGINEER OF RECORD CAD 667FMD2.DWG REVISIONS "Tl(J) CITY OF BOYNTON BEACH JAMES W. RICHIE, PE NO, DATE DESCRIPnON BY Wantman Group, Inc. ~ffi REGIONAL FORCE MAIN PEl 64778 JOB NO. 407667,01 DRAWN CEG, SES TASK: PLAN AND PROFILE ~ ... TOTAL SHEETS 62 DESIGNED JWR Engineering .:. Surveying .:. Mapping I m 2035 \/ISTA PARKWAY SUITE 100 (X):-j CSX RAILROAD DATE 3/9/07 CHECKED DKB, JWR 'M':ST PALM BEACH. FL 33411 249+00 TO 255+00 DC JNW (561) 687-2220 phone (561) 687-1110 lox CERT No, 6091 - LB No. 7055 ---- ~-~"--- ----~._----~_._..,- --- "-- ... -~.~ ~ -~~ -_._~-- -- ~- ---- "Y R/dIM It. \681 BoJo'lIDn B_h '-01'<11 MalnV. OCSlr;;N DATAV.' ItQ Dnnololf,\CIri\dwv\5fi71in02.dwll ... H..17 eld 9050 ",,,,UK lf18/'lflM 1Z:"Z:.:ta PM s.n..t lI/1lnooe Jf:J2:.515 AM 1..5.7 '- a ~ MA TCHLlNE - SEE ~HEET' FM-8 '" I 2; ----laf- - --~------ 10m 8 .,'~ / d' A o ~I ~~J 5,7 1 9 8 I I "",,s," / \ ." I""" ,..-. -' \,,{ 1< \ ~ \~ / t \ ~ -:", \ 5.7 i I 9.8: I I I l+ ~ + \+ ."c;.l 1 0 ...,"'..Q,4. I I ~ ~ f5,7H_ .....'__ 11m 9.9 1 I I : \ ~ I : 5,6 : I 9,9 \ \ . \ ............L m~___---"---- \ \ I I I \ ~ I 5.6 ~ I' I I 9.9 'i' \ I g \ \ I I 3 I 5,6 _._ ""_1.~:!l \ : I I I \ \ ~ I I \ ;:: I I o ,,,d.OI I 5.6 \ 10.1 \ I 0,'0.' , \ t. : I 1 I \ \ ~ I + .,,+ .,,1 \ 0 o' ,{.'o ".;'0 .r- t' 15:~.. I 10,2 \ I I I I -..+- I m_.._.= ~r ,. I I I I d~ I O,"I~OP 56 \i'i~" """I . . ..... I !. - ................ :...- . 10.2 1 ~: \ I I IN\' \ I' \ I I 5.6 10,1 '" N ~ ~ : \ ~ I ~ <i.' I 10m g I I I,' a i! ZOVlf'lO of 56 I ' .. !-(l....ro . , , ", ,."........ 10.0 I \ l' \ I al, ~o~ ,<r: I \ I "''''''':''0 -<:,),,~ _NJyl .J>.Vi-" (J1lOr 'J." 'r,' .[. ,:)0-". .......f\J. 01 . ~ I 0' \ I ~E~;l; ;g"/ I uJpd \ ""<0 ~ - 5,6 100 I I "QQDO.' ... , I ,." . .m' I i! "'/' I I \ I.- 1 ~ ;; ~ I ~ \ '!4ro Q....+ ...",0" ,- .... +-t I I' t I " 7 ." I ", 5.6 99' " ... . f-- .' ..: 1 I e,' () 1 I I ~ I 'I ~ I ~ ,.,~ I I c'/ r 1 13 l c;\ " 5.6 : I 98 II'I 6 d~O' .' , g I i ..................,.. f ./:.: ., ' I A~<""~ d' ~ 1 , ~8 { -u I 5,6 I :!. 9,8 ~ ~ ~ : \ I I I / ~ I , . I g =i i \ I [I ^ \ 5 6 I' : I 0 lD I \ lim'i3S....3 ldJ ,OH , I ~7 Vl> ! ~,. ___,__'".__' ___ .." ___ ", __.__"'"____ ,,'.__.__ . X :-q I ~ II. '.", '..1 I I ' I r I '\:" I 48" (~.) I ~ ~ ~l::) I 5,6 I \ 9,7\\ I i I \ I ~\.:. '\.. ,.,+ I ..,+ , .. ~\ .. "t i \ \ ~. i" \ I 5,6__ L.'L . L I 9,7 \0 I ~. I I ~~ i I ~ I ~: I I 00 : = \ I 56 :i~ i \ I. ~ , U/ I ! 9,7 (' i! 0'" I I,'.". I i \ 0 (' I ~"'. \ \ i en ;,j'> z." \: ' I I . \ X d." g ~/ ~:'\ 5.6, ,i: I 9,B ~ ~ :: ~ ....~ \ I " \ ..~........\.. I ) : \ g j= 1- t, I' \ I ~ ;U ~ oi! 1 1',..,\' 1 ~ lot' 5.6 ;0 I 9.8 ~ '" "'\ I p 0 II~ 3':)'1 ,ot . ~ ~t ..\ \ I ~ I ~ \ I I'~I I 5.6 '---- I 9.7 i!' 1111 -- CO' -- ., ~ '~T f.)1 .' ..., : ~...... ~ I'_ I {J>:;.__ 1'+ .+ 5.6 I 0 9,8 I I .,.,,\ ,.. ,<. .... ,........ ~ \ . ,.',,~,' '. I I ~ ~ ~ ~ . /,' ' "-;- .' I ~, ;:: I I r/ I '.'. .: ~l :.' 1 II /.1',;1'1.' : ~ a r! I' I \ I 5.6 ' ';J 9,7 I \ . I ;:1' I + : I 1, l' ." ",+ , I I ," '\t \ I ' i' -- I CD ,4 [ti",.l ~1109\' -- -- - ;:: \. ' \.ISO) /' ,. r -- +:-" : I IJ' \ \: ,/ 0 _ m I '\ \ I I ~ ' lb"':' I __' I' \, en - 5.6;0 , 1 9 7 I \ .\ i ~ 0 <-. I""!!I!!!"'! ' I '; I m , _ '. - I\J , I' 00 I z 0 I m~" ..,+ J~ ",+ ,",,,1 I .., ! ;:: + I . .' 1Ji ,~';'\ .. l\ I ill :;,6 l~,--L"... I 9,7 : I I \"1.... \, J>.', 4+ , ...~ I I I \ \ I ~ P , I I' I 0 o i \ ~ i! '.\ I e :I: Vl ! I. . -- I 5.6 \~ ~ ~ ! \ 9,8 \ II II S:l'., " \~ t :---;[;1 I , ~ I · "'.. If " I i ~ I ,,\ I :~'" . 'I I ~ : I 5.7 q 1 ",i! .~)" I I 0 _ - - - - - - l.. '" - - _IUIoI1ii,\_ _4! .. .. - - - ... 0 JUl 28 2008 MA TCHLlNE - SEE SHEET FM-10 PROJECT, CAD 667FM02,DWG REVISIONS "Tl en CITY OF BOYNTON BEACH NO, DATE DESCRIPTION BY Wantman Group Inc I REGIONAL FORCE MAIN JOB NO. 407667,01 DRAWN eEG, SES " " , ' ~ m f7 -, . TOTAL SHEETS 62 OESIGNEO JWR Engmeermg .:. Surve)llng .:. Mappmg I m TASK, PLAN AND PROFILE \..L--- 2035 VISTA PARKWAY SUITE 100 c:o -I CSX RAILHOAD DATE 3/9/07 CHECKED OKS, JWR \\lOST PAUl BEACH, FL 33411 . . 255+00 TO 261+00 QC JNW (561) g~:l~~206:fn~ (~l)N~B~O~~O fa. -_.~_.~,. ~ ~- _.~_.., ,- IY RkhN N;\H7lJll)l'lfcn B.och TOR_ It_v. DeSIGN DA.TA.V.1i 1iQ Dnn..t!,1_\Clvll,dw9,Il67lmOl..n.1I n 11..17 Ud 9050 Plott.,;; 7/28~ 12;4.1:22 PM 5o-.ct 1/'I/2001J 11:J2;55 All' , ^ SH'EET 'FM-9 1 MA TCHLlNE - SEE "'5,7 0 0 N ~ 1!: + -----,.- ~- ....,. -\D\r:j-- ......--- ~ 0 0 0 <D 0 I \ ~ N \ 0 ( \ o. I II LI I 6.0 ~ \ 10,3 \ WI I "'''' 11 I ~ ~~ Ii - I \ \ I \ ~ I 0 j J \ \ I .,t , UI " 6,5 I 10.5 I I \ \ ,,1 ddO [ I ,.' + ":.4'A ." I ~~ \ <D .t I \ 0 .. . \ I I l 7.2 I ~~ \ 10,8 I 11 \ :'\ l.br.l \ "'... -'" \ \ ZX I I ':1 I 0 \ '" "'~ <D " q~ \ ,... \ 0 I. ! \ ..l..~ no I \ \ \ 7,7 \ 11.0 G;=U I I I II , ''''~--~ . ~~ I I I .' , . \ I .1 I .....-4 ~ 6 'L'""~1~ .~ ", \ I ?:' ';1 dID "'sa " .:' \ > I S '1':J13 a\ot'll ON", IN. l,t d~O ,,\ rd. ~ I ],9 ! 10.7 U1 0'1 < en 'I'.! - - ~ - - ~ ..N 1"0" --.. '"f 18" MIN, I, +z .. -- , Z~ ,'" ,,,,--? ~. "9 36" MIN, mo~ m l ~ . 0% 00:1: ..-6;:.~ ..... L '0'" \ i ;<33;::i r I i I ],9 1 I .-,-. \ ..__.".1 I I I ~ I I' j I I ~ ~ I:~ ~!;ro)Q~lll(le..9 I I i ~ 1'1 ,+ \ i " ],8 I 11.6 "rt 0 "t f t. i ~ 'r" ")1 _. -'.-'--. ,. ---_. - - --- / !7ccqc~'_ .. - - -- --- -- -- -l I I I ------ ~ I I ' I 1 /1 I ,I I 1 /;1 / 1 I I 1 II I 1 I I I I 1 /1/1 I I 1 -/ / 1 \ 1 !; I 1 I I /1 I I 1 /;1 / 1 I 1 I I I 1 I I I I I 1 II I 1 I / i/ / ~ I I /il / '~/ q " I 1 il 1 g i ,J I I ~ .!J ; I 1 II I 1'1 .f ,if I II I ." '" '" I 1 /1/ 1 ~ I 1 / / 1 I ~ / ! I / - - - - - I I I - -~ o=-'c - ' (), 1 /1/ 1 I rnfn!Tl 04 C <:m4 1 II I / I mS:F S!2l~ II / I ~~~ o ~ ~I~ ~ 1 /1 / I I m mm ~();:Gl momm ~iii~~ I I I O;d / II I 1 I c Q 6 / !I / / I z ~ ~ I I I I m s: I I m 1 /;1 / 1 I ~ / 'II / jj I ~~ I / /-lCC> I f cs;?~' / 1 ~~ /'0' / I~r I I I 1 / 1 I en I 0 c -j I 1 :J: / -j I I m 0 / I :J: 1 I < I 0 I 0 ~ I -j 1 I 1 (5 / I ~ I I 0 1 1 m z I -j m I ::0 / / 1 I I I 1 I 1 I / I 1 1 I I -I 1 / I I 1 I 1 I I / / / I / I / I 1 I I 1 / 1 I I I I I / , / ;:: m"l!\ I / ~~o I i ~al__ n-- ~l L / -----1 --------- ~~=~~-------- --- CAlOOSA FORCE MAIN.OWG 0 CALOOSA PARK PALM BEACH COUNTY ;:0 I~ ~ m CITY OF BOYNTON BEACH PARKS & RECREATION DEPARTMENT m _@6 < REGIONAL FORCE MAIN PROJECT 0 m o :u en ." -i o --1 <5 DESIGNED BY: T, GRANOWITZ APPROVED BY: Z I Z \~ 9 (J) SITE LOCATION DRAWN BY: N, OUELLETTE N DATE: 10/712008 B. WILSHER 0 ~ \ \ -' :E:~ .. it ,~ It ~ \ / 00 00 00 00 00 00 00 00 00 00 . 00 00 00 00 '( 00 --- --- --- --- ;>: a:: f- [II Z 0 UJ J: W UJ CI) > ~ 0 ...J f- a:: ;: ~~ 0.. ai \ ~~ 0.. 0:> <( "'", zo.. o.~ - - - - -- - - - - - - - ----- \- - - - - ----- - - -- - - - - - --- -- - -- - - - -- - - - -- - - - - --- :JW <( 00 w UZ Lit z ::cQ ~ :J UJ J: U!;( ;: ~ () UJ I ~~ ~ ~W 0 ...J ex> I Z ...J 0 I Xw ::E tOO::: ~ UJ 0 en:'; i oW ~U :l ~ II ~~ Cl 0 t:: I ~ ...JW ~ :i 0 <(0::: ~ II o..~ B' ASPHALT BIKE PATH en ;>: I ~ [II ~ 0 ;>: POWER POLE, 1YP ~ ""'-~ 0::: UJ [II <( Z Z ~ 0.. Cl ?; lLi "-.. ii5 ~ ~ UJ 00 OE OE 00 ~----: 1~--- : ~ 00 00 00 00 '" 00 " - 00 I 00 0 0 0 -- --..--. ---- ' ---- --- -- ~ -------- ----- -oe- - - - - - - DE - - - -QE- 00 00 ---0. - - OE - - - -oe- - - --oe- - OE - __ -QE- - - - - - - - ~~ ~ ~ u ::c:~ - NI uo ~<~ ~ ~-------- ------ -- - - - -- - - -1---- - - - - - - - - - - - -- - - -- --- - - --- - - - - - - - - - --- - -- ~p.. [II <~~ UJ UJ ~ Z z :J :J ~O~ p.. J: J: () () Z ~ 0:>- ~ <~~ o:z 0 ::E Xw ::E en:'; ow rf1 U ,....; ~~ OO~ ~ <:: B' ASPHALT BIKE PATH --------------- 00:10 Cj j-- -- -- ~~~ ,....; , / - - ~ , , - --------------- <O~ ----p~ , -- -- - ~ -- - U>-<:: -- -- -- --- - - - - - ~~L~H H~R~TRAIL- ~ - - - -- - - --- -- -- ,....; ---- --..... ---- \ -- -- ~Z 00 0<..= 00 -------- --=-u_--~' 00 00 00 DE 00 00 ~ ~ 00 -- .,..= 00 OE 00 00 - ----------~ ~o ---- ---- ----------------------- --- ---- ---- --..... ---- ---- U,....; - ---- ~ __9E__--=-__:-~-=- - - - ------ -- -===-- - -- .--- 00 Cj OE OE ~ ~ I --- -- --- -- --- ------- I REVISIONS I ---------->1,- ------------- 1 -- I [II - - - - -\ - - - - - - - - - - - - - - - - - - - - - - - - - - -- ! UJ z Lit I :J I J: () i ~ ~!Z NORTH I ::E Xw en:'; I ~~I CJ _w 177 .,0F RAINBIRD 1806-10H (1.58 GPM) WATER USE TABLE I 0 ZONE NUMBER AND APPROXIMATE VALVE BOX ! 3 LOCATION WW GATE VALVE & 1-IRR1TR0l ZONE GPM ~ i SERIES 100 CONTROL VALVE 1 932 0 0 20 40 -- IRRIGATION MAIN 2 93.2 ~ Z I l' IRRIGATION LATERAL 3 93.2 IT'S THE LAW! << - :.; [BE] w CONTROLLER ANO RAIN SENSOR 0 SHEET NO. CALL 48 HOURS BEFORE YOU DIG 0: I NOTES, 1-800-432-4770 If 1. ALL RAlNBIRD SPRAY HEADS MODEL TO BE < I 1806-SAM-PRS en 2 4 SUNSHINE STATE ONE CAll OF FLORIDA, INC. 8 I 2. ALL IRRIGATION MAINS ARE 3" pvC UTILITIES NOTIFICATION CENTER 5 OF I I J--- - ------- --,-,,-.~ ~ -. ,~-.~ ~."-~--- - ~ . ~- ---- - J \ \ \ / rll · c~'~ OE v OE OE OE OE OE OE OE OE OE OE OE OE \ OE ~OE- - ~ OE ----OE---- E---- DE oe- - - - --- OE --- OE oe- - - - ---oe- -------oe---- :>: I- al 0:: Z 0 w W J: LU > en ~ ...J 0 ~ ---- I- 0:: --1------- Q. \ c.:ll! ---- ----- --- ---- ---- ~~ IIi o~ Q. \ b:N I <: - \ _---=-- _ _ _ _ _ __ - - --- - - - -- - '\ - - - - - - ----'\c-- zc.. I --- --~--~ -------------~--- -1- - - - - - ::>LU <: 00 ~Il i w OZ z J:Q ~ I :J w J: O~ ~ ~ ! U W 0:.... ~ ~LU 0 ...J co o:z Z ...J XW ::E IDO:::: ~ w 0 ",::; 0 "w ~O ::> ~ - '" (!) 0 8< I'- _w -,LU ....: Z 0 \ \ <CO:::: ~ ~ c..~ 8' ASPHALT BIKE PATH (j) :>: ~ ~\ al ~ 0 :>: .... 0:::: z "- W al W POWER POLE, TYP. ~ <C z z ::; W "" '" c.. (!) :i: W :1 "'- en W ~ !;;: OE OE OE OE OE OE=:lOE OE OE OE , OE "-_ OE I OE w OE '- 0 0 0 L MULCH BED, TYP. "- ------- ,- ----- --- OE- OE -OE- -----oe.----CiE--- oe---- OE OE -- ~ -------- ----- oe- - - - -----c>E- ~ - - DE - - OE OE C5E - __ oe- - - - DE _~ / ----- --- E-; U _____ ___ _ ____ . ::c:g:: I -------- ... uo ~~. I -N ------- ------ --------- -- ------ -- <~ ~ - - - - - - - - - - -"t - - - - - -r----- - - -- - - - -- - - - - -- - - ~ ~ ~ --------- ~------------ ------- -- uJ al ~~ 5 ~ <z< ~ is :i! ~O ~ ~ 0:.... U ~ ~ ~ ~ffi ~ < ~ ~~ ::E ~ ~ ~ ~ i:i r:/). U < r-< '_"~"ffl ~__-~~--u~u-u-~ 8 as ~ u rJ1 Q : I -- -- -- ~ ~ ~ . : _ - -------------- < ~ ....:.l -.-l ' ----j -- - - 0 _ - ---- ~ ___----------------_ i----. - - - -- - u < ~ ____ OE ------ .----- 10 MULCH HEART TRAIL - ---- -_ ,'--- - -- - >-< Z ~- ~~ · .~~. ~.. ~ · · · 't~~~' · · L ~-. -- ~= · · · · ~ ____ _ _____ _____ ____- _----~----------------------- -------------___---.J _ _- ..... 0 _._ . . 'oo-~ _. _ ~_ _-,:---- . _ _ _ _IL .",~'m.~._ _ _ _ ~~~-~==-~~_ ~-~/- ._ - -,' U 0 ___ _ _ _ _ _ _ Of DE DE DE DE -QE DE OE OEI DE OE DE . ~ - . ~ - ---;-+ -- --- - --- --------------- g, ~ I --- -----------........., REVISIONS I ------- b:N _ _ _ _ _~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ __1 ---=r--- ~-------- al -----'i<;----------- W z :J Il PLANT LIST & LEGEND J: U SYMBOL QTY NAME SCIENTIFIC NAME SIZE SPACING ~ <: ~ 0:.... :E o:z NORTH 16 CRAPE MYRTlE LAGERSTROEMIA'MUSKOGEE' 6' - 8', 15 GAl" Ml. AS SHOWN xW ",::; ~ ~~I 6J ~w 0 45 JATROPHA JATROPHA 4' - 5', 7 GAl. AS SHOWN 0 60 SIMPSON STOPPER MYRCIANTHES FRAGRANS 4' - 5', 7 GAl, AS SHOWN '" ~ 0 20 40 '* 90 SILVER SAW PALMETTO SERENOA REPENS SILVER FORM 3 GAl. CONT,; 24' HT. 5'O.C, ~ z I I ~ IT'S mE LAW! .. 314 COCOPLUM CHRYSOBALANUS ICACO 3 GAl, CONT,; 24" HT. 4'O,C. ::; I W $ 212 FIRE BUSH CAlL 48 HOURS BEFORE YOU DIG " SHEET NO, I HAMElIA PATENS 3 GAl. CONT., 24' HT. 4'O.C. ~ . 135 FAKAHATCHEE GRASS TRIPSACUM DACTYLOIDES 1 GAl. CONT., 36' HT. 5'O.C, 1-800-432-4770 < I '" 3 4 SUNSHINE STATE ONE CALL OF FLORIDA. INC. g I UTILITIES NOTIFICATION CENTER < OF I " 1 ---..- ~ 3" -ARBOR TAPE, 2-PL Y lWlSTED & PULLED TIGHT WRAPPED ABOVE FIRST & BELOW FIRST GENERAL NOTES: ;;..: BRANCHES. TIED TO EACH POST (MIN. 3-POSTS PER TREE) 1) ALL PLANTS MATERIAL SHALL BE FLORIDA #1 OR BETTER. AS ?- m a:: DESCRIBED IN, "GRADES & STANDARDS FOR NURSERY PlANTS', Z I:) W FLORIDA DEPARlMENT OF AGRICUL TIJRE. W :c UJ > en 2) NOMENCLATIJRE UTILIZED ON PlANS IS RECOGNIZED BY IN THE ::2 0 ..J 3-2" CIA. x S' WOOD POSTS ~ EQUAL SPACED AROUND TREE NURSERY TRADE, AS REFERENCED IN, 'GRADES & STANDARDS FOR I- a:: i POUNDED 24" BELOW GRADE NURSERY PlANTS'. ~~ 0.. ai 0.. ~ , FOLD BACK BURLAP, EXPOSE <I: II r- THE TOP 1/3 OF PLANTING BALL. 3) THE MATERIAL COUNT IS APPROXIMATE ONLY & IS PROVIDED AS zo.. ASSISTANCE TO BIDDERS. ON-CENTER DIMENSIONS PREVAIL. ::lUJ I MIN. 3" MULCH, SEE SPECS. 4) ALL MATERIALS & INSTALlATION SHALL BE IN A WORKMAN LIKE 00 GRANULAR FERTILIZER, MANNER. IN ACCORDANCE WITH LOCAUCOUNTY CODES & oz !I SPRAY NOZZLE SEE SPECIFICATIONS. ORDINANCES, AND TO STANDARDS OF THE LANDSCAPE IQ ~ (SIZE PER PLAN) INSTALlATION & NURSERY INDUSTRY. W I 6" BERM TO HOLD WATER. 01- ~ ~ AGRIFORM FERT. TABLETS 5) ALL TREES & SHRUBS FURNISHED SHALL BE GUARANTEED FOR A <(<( W ,,- 1/2" MALE THO ADAPTER PERIOD OF 90 DAYS, SABAL PALMS lBO DAYS, SUBJECT TO PROPER 0 ...J , SEE SPECIFICATIONS UJUJ Z ...J <Xl I MAINTENANCE, FIRE. VANDALISM, THEFT. AND ACTS OF PROVIDENCE, 0 EXISTING SOIL. coO::: ~ w 0 I AS PER SPECS. ::20 ::l !:::! I BACKFILL WIPLANTING SOIL MIX. C) 0 I'- I see SPECIFICATIONS. 6) ALL BEDS, HEDGES, PALMS, TREES & OTHER PlANTINGS TO HAVE A ...JUJ 23 i MIN.. OF 3- (PRIOR TO COMPACTION) OF #2 SHREDDED CYPRESS <(0::: t--= Z ~ I MULCH. PALMS & TREES SHAl.L HAVE A MULCH RING A MIN. OF lB" o..oI:S I PLACE PLANTING BAlL ON FROM TRUNK. EXISTING SOIL SO TREE WILL en ;;..: I NOT SETTLE. 7) lANDSCAPE CONTRACTOR SHALL PROVIDE MAINTENANCE FOR THE m SMALL TREE PLANTING DETAIL JOB UNTIL FINAL ACCEPTANCE. THIS INCLUDES BUT IS NOT LIMITED ~ I:) ;;..: I TYPICAl 0::: w m I TO MOWlNG, TRIMMING, & WATERING OF ALL EXISTING & NEWLY <( Z Z LESS THAN 2,5' CAliPER NOT TO SCAlE INSTALLED PLANT MATERIALS WITH IN THE CONSTRUCTION ZONE. 0.. C) :s: w ,111=111=111=111=111=11 11=111=111=111=111=111= B) THE LAYOUT OF PLANT MATERIALS & lANDSCAPE MATERIALS SHALL Cii ~ ~ w 1=111=111=111=111=111= Il!!:!m!!:!m!!:!m!!:!m!!:!mk-- APPROVED BACKFILL BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO INSTALlATION. I:) I:) I:) ,111=111=111=111=111=11 9) ALL PROVISIONS NOTED IN THE SPECIFICATIONS, DRAWINGS; PlANS IffiillffiillffilliffiillffiilliT :=111=111=111=111=1' 1=1 i 1==111:=111==111==1 II-II J= & DETAILS ARE TO BE FOLLOWED. IF DISCREPANCY OCCUR THE ; lANDSCAPE ARCHITECT IS TO BE NOTIFIED PRIOR TO CONTINUING 18"MIN. . 112' PVC RISER WITH THE INSTAlLATION. L LATERAL TEE 10) ALL PLANTING AREAS, INCLUDING SWALES AND NEW SOD, ARE TO E-< / LATERAL PIPE - FOLD BACK BURlAP, EXPOSE HAVE ALL EXISTING VEGETATION REMOVED & SOILS REGRADED TO U / THE TOP 1/3 OF PLANTING BALL. BE SMOOTH & EVEN. ALL DEBRIS GENERATED BY THE CLEARING tt:~ SHAlL BE REMOVED FROM THE SITE PRIOR TO THE INSTAUATION OF NEW PLANTS. , 1) EXISTING TREES & PALMS WITHIN THE CONSTRUCTION SHALL BE uo r:/). PROTECTED BY ORANGE VINYL FENCING PLACED NOT CLOSER THAN ~<~ S' FROM THE BASE OF TRUNK. r.I.:lp.. ~ ;.....( 12) ALL DAMAGED EXISTING SOD AREAS WILL BE REGRADED & SOD <~~ < FIXED-SPRAY SPRINKLER REPLACED WITH NEW SOD AS PER SPECS. 13) ALL lANDSCAPE AREAS TO BE 100% FULLY IRRIGATED WITH AN E-< SCALE: NOT TO SCAlE AUTOMATIC IRRIGATION SYSTEM. p-;6~ ~ MIN. DEPTH OF CONTINUOUS 14) ALL BED AREAS TO BE TREATED WITH A PRE-EMERGENT HERBICIDE 0 AS PER SPECIFICATIONS. <~~ PLANTING SOIL TO BE POT ~ DEPTH + 30 FOR GROUND IS) LANDSCAPE CONTRACTOR TO COORDINATE ALL PlANTING COVER BEDS. (GROUND COVER r/1 U p.. r FINISH GRADE = 1B" O.C. OR LESS). SEE SPECS. LOCATIONS WITH UNDERGROUND UTIllTlES PRIOR TO INSTAUATION. TYP, 19-7/8" )( 13~ EXISTING SOIL. 16) LANDSCAPE CONTRACTOR TO REVIEW ALL RELATED SPECS.. OO~ < (11 1/2" X 18 3/8" NO~INAL) AGRIFORM FERT. TABLETS INCLUDING BUT NOT LIMITED TO: EARTHWORK, SODDING, SEEDING, U AS PER SPECIFICATIONS LANDSCAPE, ETC.. TO DETERMINE SCOPE OF WORK.. O~o 10 ioloio ioi. ioi. {. i. 10 {. PLANTING SOIL TYP. WIGRANULE ~~~ r:/). FERTILIZER & MOIST ABSORBENT 17) lANDSCAPE CONTRACTOR TO REVIEW ALL RELATED DWG'S., 0 AS PER SPECIFICATIONS. INCLUDING BUT NOT LIMITED TO: SITE PlAN, DEMOLITION, EXISTING <O~ PLACE PLANT BALL ON EXISTING TREE, lANDSCAPE, GRADING PlAN, ETC.. TO DETERMINE POSSIBLE ~ COMPACTED & LEVEL SOIL SO SCOPE OF WORK. U~< Z SHRUB WILL NOT SETTLE. :> BATTERY POW::RED ~Z ~ N TIMER SHRUB & GROUNDCOVER PLANTING DETAIL (SEE SPECS FOR TYPE) ~o NOT TO SCAlE u~ I tI jl ~ II 2"0 TO ~ ~ II " REVISIONS II MAIN Ii (22" x 15-1 /S" NOMINAL) TYP!C,^,L CO~jTRO~ VALV~ ,^.sSE~.~8LE & V,^,L VE BOX ! ~ ! :Z SCALE: AS SHOW ;;;: ::! w SHEET NO. u 0: it 0( U) 4 4 0 0 OF ;i. u - - I i ~ ~_._-_._----- - .. .. .. _.._~ ~~ ~ Florida Power and Light Right-ot-Way Consent Agreement EXHIBIT "e" Exhibit "C" consists of the Caloosa Park Ingress/Egress Exhibit as prepared by the Wantman Group. l !! ~ tlS ~ ~ ~ ao , i ;- ~ l ! ~ ~ tlS ~ ~ ~ ao ) l l u ~ ! i 10 ...: ..... ~ ~ ! ...: ..... -5 ~ . ' . ~ i . 1i PROJECT: CITY OF BOYNTON BEACH TASK: CALOOSA PARK ! I & REGIONAL FORCE MAIN INGRESS/EGRESS EXHIBIT I ~ Wantman Group, Inc. CAD PBC Porks Exhibit.dwg I III I .... DRAWN JOB NO. 407667.01 , = JWR ~ ..... Engineering .:. Surveying .:. Mapping SHEET: l ~ DESIGNED JWR TOTAL SHEETS 1 t ~ 2035 VISTA PARKWAY SUITE 100 , ~ WEST PALM BEACH. FL 33411 CHECKED OKS DATE 8/20/2008 1 I E' (561) 687-2220 phone (561) 687-1110 fox QC OKS SCALE 1" = 200' ~ ~ CERT No. 6091 - LB No. 7055 f I I , Florida Power and Light Right-of-Way Consent Agreement EXHIBIT "0" Exhibit "0" consists of the FP&L Notification of FP&L Facilities supplied by FP&L. - ~~~,~~ \~,i:- ~:.L~ ~':-' t~,\,;i ~:;; ~;;.(\ I'~' l'~ ~~: '.iJI$. ! '!\'i"' .':: I=PL.. NOTIFICATION OF FPL FACILITIES Customer/Agency Date of Meeting/Contact: Developer/Contractor Name _ Project Number/Name: Location of Project City: FPL Representative _ Phone: Developer/Contractor Representative _ FPL Work Request #/Work Order #: FPL calls your attention to the fact that there may be energized, high voltage electric lines, both overhead and underground, located in the area of this project. It is imperative that you visually survey the area and that you also take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, equipment or object closer to FPL's power lines than the OSHA-prescribed limits, If it will, you must either re-design your project to allow it to be built safely given the pre-existing power line location, or make arrangements with FPL to either deenergize or ground our facilities, or relocate them at your expense, You must do this before allowing any construction near the power lines, It is impossible for FPL to know or predict whether or not the contractors or subcontractors, and their employees, will operate or use cranes, digging apparatus or other mobile equipment, or handle materials or tools, in dangerous proximity to such power lines during the course of construction, and, if so, when and where, Therefore, if it becomes necessary for any contractor or subcontractor, or their employees, to operate or handle cranes, digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or overhead power lines than is permitted by local, state or federal regulations, you and any such contractor or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented, The National Electrical Safety Code ('NESC') prescribes minimum clearances that must be maintained, If you build your structure so that those clearances cannot be maintained, you will be required to compensate FPL for the relocation of our facilities to comply with those clearances, As such, you should contact FPL prior to commencing construction near pre-existing underground or overhead power lines to make sure that your proposed improvement does not impinge upon the NESC clearances, It is your responsibility and the responsibility of your contractors and subcontractors on this project to diligently fulfill the following obligations: 1, Make absolutely certain that all persons responsible for operating or handling cranes, digging apparatus, draglines, mobile equipment or any equipment, tool, or material capable of contacting a power line, have a copy of and are familiar with all applicable state and federal regulations, including but not limited to U,S, Department of Labor OSHA Regulations, before commencing their work, 2, Make sure that all cranes, digging apparatus, draglines, mobile equipment, and all other equipment or materials capable of contacting a power line have attached to them any warning signs required by U,S, Department of Labor OSHA Regulations, 3, Post and maintain proper warning signs and advise all employees, new and old alike, of their obligation to keep themselves, their tools, materials and equipment away from power lines per the following OSHA minimum approach distance table: Power Line Voltaqes OSHA Minimum Approach Distance 0- 69,000 volts 10 Feet 115,000-138,000 volts 11 Feet 230,000 volts 13 Feet 'When uncertain of the voltage, stay 18 feet away 500,000 volts 18 Feet or call FPL or your local utility, 4, All excavators are required to contact the Sunshine State One Call of Florida, phone number 1-<300-432-4770 or 811 a minimum of two working days (excluding weekends) in advance of commencement of excavation to ensure facilities are located accurately, 5, Conduct all locations and excavations in accordance with the Florida State Statute 556 of the Underground Facilities Damage Prevention & Safety Act and all local city and county ordinances that may apply, 6, When an excavation is to take place within a tolerance zone, an excavator shall use increased caution to protect underground facilities, The protection requires hand digging, pot holing, soft digging, vacuum methods, or similar procedures to identify underground facilities, A copy of this notification must be provided by you to each contractor and subcontractor on this project, to be shared with their supervision and employees prior to commencing work on this project, Means by which this notification was provided to customer and/or contractor Address FPL Representative Signature Date Customer/Developer/Contractor Representative Signatu re Date Form 360 Rev, 5/16/08 VI.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 August 4,2008 (Noon) o October 21,2008 October 6, 2008 (Noon) o September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 18, 2008 September 2, 2008 (Noon) 1:8:1 November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 }urunouncell1entsfPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 1:8:1 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: The recommendation is to accept the written notice submitted on August 11,2008, by the Birdie Golf Ball Company to terminate the existing contract to dive the lakes at the Links at Boynton Beach Golf Course. EXPLANATION: The Birdie Golf Ball Company requests to terminate the lake diving contract because current conditions such as the sagging economy and zealous competition in the current market place have made this venture unprofitable for them at the current contracted price. In anticipation of the termination of this contract, the Links at Boynton Beach Golf Course issued an RFQ on September 12, 2008, to all known local ball retrieval companies including the Birdie Golf Ball Company. PROGRAM IMPACT: The golf course receives an annual fee by contracting with a ball retrieval company. This revenue would not be realized without contracting with a company for this service and could lead to late night trespassing to poach golf balls from the golf course lakes. FISCAL IMPACT: Last year the Birdie Golf Ball Company won the bid by offering $5,450 annually, but exercised the option to terminate the contract. Estimated annual income from the most recent RFQ reflected a new company willing to pay $4,400 per year. ALTERNATNES: None, as the standard contract allows either party to terminate the contract with ninety days written notice. ~~ ~ Department Head's Signature City Manager's Signature Assistant to City Manager ~ Golf Course Department Name City Attorney / Finance S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R08- 2 ! I 3 II A RESOLUTION OF THE CITY COMMISSION OF THE 'i 4 II CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING I 5 I THE WRITTEN NOTICE OF TERMINATION OF 6 CONTRACT BETWEEN THE CITY OF BOYNTON 7 I BEACH AND BIRDIE GOLF BALL COMPANY, INC., 8 FOR LAKE DIVING SERVICE AT THE LINKS AT 9 BOYNTON BEACH; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, on August 21. 2007, the City Commission approved a Lake Diving 13 ContractlNine Lakes at the Links at Boynton Beach Golf Course between the City of Boynton 14 Beach and Birdie Golf Ball Company; and 15 WHEREAS, the Contract provided for termination by either party at any time. upon 16 ninety (90) days written notice; and 17 WHEREAS, on August 11, 2008, the City received written notification from Birdie 18 Golf Ball Company that it was exercising its right of termination of the Contract. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 eing 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 ereby accept the written notification of termination of the Lake Diving ContractlNine Lakes 25 t the Links at Boynton Beach Golf Course between the City of Boynton Beach and Birdie 26 olf Ball Company, a copy of said written notification is attached hereto as Exhibit "A . 27 Section 3. This Resolution shall become effective immediately upon passage Ii II 11 I' i I 1 PASSED AND ADOPTED this day of November, 2008. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 5 Mayor - Jerry Taylor 6 7 8 Vice Mayor - Jose Rodriguez 9 10 11 Commissioner - Ronald Weiland 12 13 14 Commissioner - Woodrow L. Hay 15 16 17 ATTEST: Commissioner - Marlene Ross 18 19 20 21 Janet M, Prainito, CMC 22 City Clerk 23 24 25 26 Corporate Seal) 27 28 BIRDIE GOLF BALL 208MARGATECOURT. MAR COMPANY 954-973-274] . 1 80~~;E. FLORlDA 33063 - - 3-7271 FAJ(: 954-973-2753 Golf Ball www.hi,wegolfball'to'.'.com Recoverv Service · 0 . . . riving Ran B 11 ge as. Rewashed G IfB I Ii) t:. fOal' · Complete Pro She 0.11... C1 ! (). t3 0 y,.:fv"" 8 ol.e.10 ps · Golf Ropam -:t:. A NL U /V A f,{~- fO PI .N / rll 0 ..:( ....... y (AS T :J.. Y e AP..S of OvfL. () I V J"':') (BAIl (J. E'c d"V1: "l ) .- f" /Ie At;' A f1.. ~ <;;t://t:AAL dl.o.s~#s-. -rife- 6:...",()h,y flP..$t:.En.S/ rile"' LOW fA,cn of"" />1os1....~;:F\6o/pel4ll, J'" Snll.r;, r,,,,,A III 61t"~S A~.,;/j,<4ie.g.TI<AT f{d f3UA/t.d" r; (1..Q IA/ ..,-0 H dp IN ,{ O(.'i{'~<i1~?(;:t.~p bJ# S c. ("A~. -rfiJ J IS w. '" ~ Ep.f;; C --rll c:p)..;/yl!.. :8 (E f>'.. 1!i f If J .~ s;to(l$ 6~ / P 13,. II s f po.. /'-- e "" -r~ (J.. J":" ,w.Ji.1;i.lI...'. (-':I111&.1{ (S IN tI Y -:J: 6u L /I " ~ ;v'" "" Id f1. S A IU O~~,:,,'!v'3oto(J.tjo ~. p.. ,"11 f Y 8fJ.. , (;0 (I (I. $(( I::' (J"..1i f.'v L f {~#i<"~ 0 ~7 .-r ieN A....' c:/ fit'- .,.-11 {~ SI7IA II . \',~. ({EASON · "',0., . '''0.' ,.,:~ . ..._.'" '.. ,.",.I"'~ ." '. -1({ A"/~ c:gS~' MARGATE 4 LOCATIONS 208 Margate Court BOCA RATON DELRAYBEACH 954-973-2741 7166 Bcracasa Way GR€ENACRES 561-826-0254 3919 Jog Road 561-496-7666 14466 Military Trail 561-966-1717 VI.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting: Dates in to City Clerk's Office D August 19,2008 August 4, 2008 (Noon) D October 21,2008 October 6, 2008 (Noon) D September 2, 2008 August 18, 2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) (") ~ November 18,2008 0 n-i D September 18, 2008 September 2, 2008 (Noon) November 3, 2008 (No~ :::j~ -<0 n ...,-r'1 D October 7, 2008 September 15,2008 (Noon) D December2,2008 November 17,2008 ~) I CO c...> rrlG 0 ::o~ ~:z: -0 .~ D AnnouncementslPresentations D City Manager's Report :J: (/)0 0% D Administrative D New Business Cf.l '""l'l NATURE OF "'T'TCX) -.'rr1 AGENDA ITEM ~ D 0 ('")> Consent Agenda Legal UI fTlo D Code Compliance & Legal Settlements D Unfmished Business = D Public Hearing D RECOMMENDATION: Motion to approve MALLARD GOLF INC to RETRIEVE GOLF BALLS FROM THE NINE (9) LAKES AT THE LINKS AT BOYNTON BEACH GOLF COURSE in consideration of $4,400.00 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 ofthe four companies responded with bids. Ofthe two that responded, Mallard GolfInc. came in with the highest bid. Mallard Golf Inc. offered the City $4,400.00 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 IMP ACT: This contract will allow The Links at Boynton Beach to generate $4,400.00 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 IMPACT: Additional revenues of $4,400.00 annually to The Links at Boynton Beach AL TERNA TIVES: To seek other sources for this service or to terminate diving for golf balls ~(~~~+- 4~.p~ Department Head's Signaturej City Manager's Signature Assistant to City Manager eM-- Golf Course Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC 1 RESOLUTION NO. R08- 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 MALLARD GOLF, INC.. FOR LAKE 9 DIVING SERVICE AT THE LINKS AT BOYNTON 10 BEACH; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS. the Links at Boynton Beach solicited bids from four known companies 13 in the area that perform lake diving services; and 14 WHEREAS. two of the four companies responded with bids. with Mallard Golf. Inc,. 15 being the highest bidder; and 16 WHEREAS. Mallard Golf. Inc., will pay to the City $4,400,00 annually, plus all 17 range balls retrieved from the lakes will be returned to the golf course; 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 eing true and correct and are hereby made a specific part ofthis Resolution upon adoption, 22 Section 2. The City Commission of the City of Boynton Beach. Florida does 23 ereby authorize and direct the City Manager and City Clerk to execute a Contract between 24 he City of Boynton Beach and Mallard Golf. Inc.. providing that the term of the Contract is 25 or two (2) years from the date of execution of the Contract for lake diving service at The 26 inks at Boynton Beach. a copy of said Contract is attached hereto as Exhibit "A.-' 27 Section 3. This Resolution shall become effective immediately upon passage, I I II II , I 1 I PASSED AND ADOPTED this _ day of November, 2008, 2 CITY OF BOYNTON BEACH, FLORIDA 3 I 4 I 5 Mayor - Jerry Taylor 6 7 8 Vice Mayor - Jose Rodriguez 9 10 11 Commissioner - Ronald Weiland 12 13 14 Commissioner - Woodrow L. Hay 15 16 17 ATTEST: Commissioner - Marlene Ross 18 19 20 21 Janet M, Prainito, CMC 22 City Clerk 23 24 i I 25 I I 26 Corporate Seal) 27 28 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 , 2008, by and between Mallard Golf Inc., 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 $4.400.00 annually to the City. as follows: 50% upon signing of this Contract and the balance to be paid within the following four (4) months. This procedure for payment shall remain in place each subsequent year that this contract is renewed, 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 In obtaining transportation onto the golf course. 3. TERM. The term of this Agreement shall be for a period of two (2) 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. TERMINATION. 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 01 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. REPRESENT A TIVE OF CITY, The City hereby agrees to designate the City Manager or his assigned representative for purposes of the administration of the Contract. 8, REPRESENT A TIVE 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 ,2008. NOTARY PUBLIC (notary seal or stamp) Print or Type Name 2008 LAKE DIVING QUOTE TABULATION Pay per year Mallard Golf Inc $4,400.00 Contact: Natalie Chapman 6601 Lyons Road Suite 02-03 Coconut Creek, FL 33073 Phone 954-426-5442 Fax 954-426-5417 Birdie Golf Contact: Dale Updike 208 Margate Court $3,650.00 Margate, FL 33063 Phone 954-973-2741 Fax 954-973-2753 BID SPECIFICATIONS FOR LAKE DIVING CONTRACTININE LAKES AT THE LINKS AT BOYNTON BEACH In consideration for diving the Nine Lakes at the Links at Boynton Beach Golf Course for the purpose of retrieving golf balls. Please place an (X) on the blank line next to each item If a specifloation is met. If exception Is taken (alternatives), bidder must explain using 8 separate sheet of paper. Bidder must submit specification "Check Off" sheets wtth the proposal sheet in order for a bid to be considered. )( 1, A minimum of 50% of the dollar amount bid must be paid upon the signing of the Contract and any remaining bal:4nl:',A must be paid within the following four 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 in10 play on most of those holes. )( 2. AU range balls recovered from the lakes by the successful bidder will be returned to the Golf Course, at no cha.rge, within two weeks of retrieval. X 3. The successful bidder will be required to pay the City $.10 par usable range ball turned in to the Gott Course and o1l'ered 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 A.ggregate $1,000.000 per Incident X 5. The Concessionaire must sign a disclaimer, as prepared by the City Attorney, releasing the Golf Course and the City of Boynton Beach from any liabilities in conneotion with the performanoe of this Contract. This form must be notarized and attached to the proposal. See attached form. e d Leoecee~SL'ON/OS:Sl'!$/~g:e~ sooz QZ 130(lWS) wn~" 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 THE LINKS AT BOYNTON BEACH GOLF COURSE CONnNUED... 'f 6. The divers will be required to notify the Golf Course Superintendent a1lea$t two (2) days in advance of their arri.....al. 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 Qolf course. X 7. TERM: The term of the Contract shatl be for a perIod of two (2) yesni 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 shall be given to correct the conditions. b. If the conditions are not corrected with a roasonable period of time, then the CONTRACT may be terminatecl 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 s list, with their bid proposal, of courses preaently contracted with for the type of work covered by this Contract. Also, how long they have been with these courses should be indicated. X 9. Bidders are enoouraged to visit the City Golf Course located at 8020 Jog Road, Boynton Beach, FL 33472. and become familiar with the area. Please call. ahead to make an appointment with Dan Hager, ManagGr of Golf Operations. The telephone number Is (561) 742- 6511. v d Leoaes9~sL'oH/09:e~'ls/~s:e~ SOO~ g~ lOO{lVS) LIIr1'l-l-l PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: lO/3t>JoS The undersigned deelare~ that he has carefully el(amined 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 bid proposal price for this product and/or service, indicate how m.eny 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 accordance with the speoifications for the 6um of: TOTAL DOLLAR AMOUNT $ ti-OO. 00 per year Number of Bid Proposal prices submitted O,,~ Specification acheck-ofr sheets submitted Yp-~ (pages 1 - 2) Yes/No Mttru ~\) {;.o\; \w c. COMPANY NAME 9s,", '\"'"l.k S~'-l.2. ~ ~-r~l.\~ c...\-\~ TELEPHONE NUMBER PRINTED NAME ~~\deNT' TITLE e= d L808tt~HgL '()NlM :tL 'lSJ~~:l!lL BOO2: ~c; .LOO{.J.VS) IIJn).lol 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 RELEASE/WAIVER 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: VI.-CONSENT AGENDA . ITEM C.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetina Turned in to City Clerk's Commission Meetina Dates Turned in to City Clerk's Office Dates Office [] August19,2008 August 4, 2008 (Noon) [] October 21 , 2008 October 6, 2008 (Noon) [] September 2, 2008 August 18,2008 (Noon) [] November 5, 2008 October 20, 2008 (Noon) [] September 18, 2008 September 2, 2008 (Noon) [8J November 18, 2008 November 3, 2008 (Noon) [] October 7, 2008 September 15, 2008 (Noon) [] December 2, 2008 November 17, 2008 (Noon) [] Announcements/Presentations [] City Manager's Report NATURE OF [] Administrative [] New Business AGENDA ITEM [8J Consent Agenda [] Legal [] Code Compliance & Legal [] Settlements Unfinished Business [] Public Hearing [] RECOMMENDATION: Approval of Resolution R08-_ concerning the adoption of the City Of Boynton Beach's Community Development Block Grant (CDBG) Substantial Plan Amendment EXPLANATION: The City of Boynton Beach has been advised that, as a Community Development Block Grant entitlement community, it has been given an allocation Under Title III of Division B of the Housing and Economic Recovery Act of 2008, for the purpose of assisting in the redevelopment of abandoned and foreclosed homes under the Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes heading, referred to as the Neighborhood Stabilization Program (NSP). All activities funded under the program must be used to provide benefits to individuals and families whose incomes do not exceed 120% of the median income, At lease 25% of the grant must be expended on the purchase and redevelopment of abandoned or foreclosed residential properties that will be used to house persons or families whose income is at or below 50% of the area median income, Activities meeting other CDBG National Objectives are not eligible for this funding, PROGRAM IMPACT: General local governments that receive funds in distributing such amounts must give priority emphasis and consideration to those areas with the greatest need, including those with: . The greatest percentage of home foreclosures: . With the highest percentage of homes financed by a subprime mortgage related loan, and . Identified as likely to face a significant rise in the rate of home foreclosures FISCAL IMPACT: Allocation: $2,963,311 Acquisition of Foreclosed Properties: $2,273,311 Down Payment Assistance - Ocean Breeze $400,000 Administrative Costs: $290,000 ALTERNATIVES: ,h . /'1) ) I" I cy~~ Manager's Signature Assistant to City Manager Department of Development Community Improvement Division Department Name City Attorney / Finance S:\Community Improvement\Agenda Requests\2008\CC11-18 CDBG NSP,doc . . I 1 RESOLUTION R08- 2 'i 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING ADOPTION OF THE CITY OF 7 BOYNTON BEACH'S COMMUNITY 8 DEVELOPMENT BLOCK GRANT (CDBG) 9 SUBST ANTIAL PLAN AMENDMENT AND 10 AUTHORIZING EXECUTION BY THE MAYOR AND 11 CITY CLERK; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, the City of Boynton Beach has been advised that, as a Community 15 Development Block Grant entitlement community, it has been given an allocation under Title 16 III of Division B of the Housing and Economic Recovery Act of 2008, for the purpose of 17 assisting in the redevelopment of abandoned and foreclosed homes under the Emergency 18 Assistance for Redevelopment of Abandoned and Foreclosed Homes heading, referred to as 19 the Neighborhood Stabilization Program; and 20 WHEREAS, all activities funded under the program must be used to provide benefits 21 to individuals and families whose incomes do not exceed 120% ifthe median income; and 22 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 23 interest of the citizens and residents of the City to approve the adoption of the Community 24 Development Block Grant (CDBG) Substantial Plan Amendment. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 26 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 eing true and correct and are hereby made a specific part of this Resolution upon adoption 29 1 II I 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 i hereby approve the adoption of the City of Boynton Beach's Community Development Block 3 Grant (CDBG) Substantial Plan Amendment and authorizing execution by the Mayor and City 4 Clerk, a copy of said Plan Amendment being attached hereto as Exhibit "A", 5 Section 3. This Resolution will become effective immediately upon passage. 6 PASSED AND ADOPTED this _ day of November, 2008. 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 11 Mayor - Jerry Taylor 12 13 14 Vice Mayor - Jose Rodriguez 15 16 17 Commissioner - Ronald Weiland 18 19 20 Commissioner - Woodrow L. Hay 21 22 23 Commissioner - Marlene Ross 24 ATTEST: 25 26 Janet M. Prainito, CMC 27 City Clerk 28 29 30 31 (Corporate Seal) 32 2 APPLICATION FOR OMB Approved No, 3076-0006 Version 7/03 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier December 1, 2008 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre-application 10 Construction ~ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier I:ZI Non-Construction o Non-Construction B-08-MC-12-0043 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Boynton Beach Department: Development Organizational DUNS: Division: 07-224-7133 FTB Community Improvement Address: Name and telephone number of person to be contacted on matters Street: involving this application (give area code) Prefix: First Name: 100 E. Boynton Beach Blvd Octavia City: Middle Name Boynton Beach count~: Last Name Palm each Sherrod State: ZiR Code Suffix: Florida 33435 Country: Email: sherrodo@bbfl.us 6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) I Fax Number (give area code) ~~-~@][Q][]~[]~ 561/742-6066 561/742-6089 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) [] New [)] Continuation III Revision Municipal If Revision, enter appropriate letter(s) in box(es) (See back of form for description of letters,) 0 0 Other (specify) Other (specify) 9. NAME OF FEDERAL AGENCY: Federal Mediation and Conciliation Service 10, CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 00-000 Neighborhood Stabilization Program (NSP) Purchase abandoned foreclosed properties TITLE (Name of pro~am): Provide Down Payment Assistance for First time Homebuyers Labor Management ooperation Program 12, AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): Boynton Beach Palm Beach County Florida 13, PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date: I Ending Date: a. Applicant ~ Project 02/01/09 23 15, ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal :Ii w [J THIS PREAPPLlCATION/APPLlCATION WAS MADE 2,963,311 a, Yes, . AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant :Ii uu PROCESS FOR REVIEW ON c. State $ ,w DATE: d. Local $ .w b, No, IT] PROGRAM IS NOT COVERED BY E, 0, 12372 e. Other $ .uu n OR PROGRAM HAS NOT BEEN SELECTED BY STATE ~. FOR REVIEW f, Program Income $ ,uu 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL :Ii uu o Yes If "Yes" attach an explanation, ~ No 2,963,311 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATIONIPREAPPLlCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE t\TTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a, Authorized Reoresentative Prefix I First Name Middle Name Last Name Suffix b, Title c. Telephone Number (give area code) :L Signature of Authorized Representative e, Date Signed Previous Edition Usable Standard Form 424 (Rev,9-2003) Authorized for Local Reoroduction Prescribed bv OMB Circular A-102 NSP GRANT SUBMISSION TEMPLATE S & CHECKLIST (UPDATED 10.21.08) NSP grant allocations can be requested by submitting a paper NSP Substantial Amendment or a form under the Disaster Recovery Grant Reporting (DRGR) system. This template sets forth the suggested format for grantees under the NSP Program. A complete submission contains the information requested below, including: (1) The NSP Substantial Amendment (attached below) (2) Signed and Dated Certifications (attached below) (3) Signed and Dated SF-424. Grantees should also attach a completed NSP Substantial Amendment Checklist to ensure completeness and efficiency of review (attached below). THE NSP SUBSTANTIAL AMENDMENT S Jurisdiction(s): City of Bovnton Beach NSP Contact Person: Octavia S. Sherrod (identify lead entity in case of joint Address: 100 E. Boynton Beach Blvd. agreements) Boynton Beach, FL 33435 Telephone: 561/742-6066 Jurisdiction Web Address: Fax: 561/742-6089 www.bovnton-beach.org Email: sherrodo@bbfl.us A. AREAS OF GREATEST NEED Provide summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction. Note: An NSP substantial amendment must include the needs of the entire jurisdiction(s) covered by the program; states must include the needs of communities receiving their own NSP allocation. To include the needs of an entitlement community, the State may either incorporate an entitlement jurisdiction's consolidated plan and NSP needs by reference and hyperlink on the Internet, or state the needs for that jurisdiction in the State's own plan. The lead entity for a joint program may likewise incorporate the consolidated plan and needs of other participating entitlement jurisdictions' consolidated plans by reference and hyper link or state the needs for each jurisdiction in the lead entity's own plan, HUD has developed a foreclosure and abandonment risk score to assist grantees in targeting the areas of greatest need within their jurisdictions, Grantees may wish to consult this data, in developing this section of the Substantial Amendment. Response: In order to determine the areas of greatest need the city was divided into quadrants, bounded by census tracts and roughly corresponding to City Commission Districts. An analysis of the information provided by HUD through Policy Map, a geographic information system, indicates that the areas of greatest need tend to be in the northwest and northeast quadrants of the city, Within the northwest quadrant, 1328 mortgages out of 8948 are in foreclosure. This represents nearly 15% of the total mortgages in this quadrant. Moreover, nearly 17% of the mortgages in this area are sub prime. It appears that there may be only a small section of this quadrant that is in jeopardy of having additional foreclosures within the next 18 months. Unfortunately, there is not enough data available to provide a more precise projection, The northeast quadrant of the city has 5938 mortgages. Of these, approximately 653 are in foreclosure for a foreclosure rate of about 11 %. Sub prime mortgages range up to 28% 2 8 of the total within this quadrant. Data also indicates additional foreclosure problems within the next 18 months. Of 7253 mortgages in the southeast quadrant, 641 or 9% are in foreclosure. However, there is not sufficient data to predict what the next 18 months will yield. The southwest quadrant has 309 foreclosures out of 4458 mortgages. This represents a 7% foreclosure rate. Although this quadrant has not been as severely affected as the others, there is reason to be concerned as to what the next 18 months will bring. Although the numbers previously noted for each quadrant appear to be quite high, some of these units may have been resold. Nevertheless, the numbers are still significant, thereby generating a need for a remedy. B. DISTRIBUTION AND USES OF FUNDS Provide a narrative describing how the distribution and uses of the grantee's NSP funds will meet the requirements of Section 2301 (c)(2) of HERA that funds be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures, with the highest percentage of homes financed by a subprime mortgage related loan, and identified by the grantee as likely to face a significant rise in the rate of home foreclosures, Note: The grantee's narrative must address these three stipulated need categories in the NSP statute, but the grantee may also consider other need categories. Response: NSP funds will be used to purchase abandoned foreclosed properties within the City of Boynton Beach, specifically the areas shown to have the greatest need as identified in Section A of this application. Seventy five percent of the city's foreclosed properties are located within the northwest and northeast quadrants. Subprime mortgages are also heaviest within these areas. It is anticipated that the rate of foreclosures will be increasing in these areas as well. C. DEFINITIONS AND DESCRIPTIONS (1) Definition of "blighted structure" in context of state or local law, 3 S Response: Florida Statute 163.340 defines "Blighted Area" as an area in which there are a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicated by government-maintained statistics or other studies, are leading to economic distress or endanger life or property, and in which two or more of the following factors are present: (a) Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; (b) Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Inadequate and outdated building density patterns; (g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality; (h) Tax or special assessment delinquency exceeding the fair value of the land; (i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality; (j) Incidence of crime in the area higher than in the remainder of the county or municipality; (k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality; (1) A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality (m)Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or (n) Governmentally owned property with adverse environmental conditions caused by a public or private entity. Part III, City of Boynton Beach Land Development Regulations, Chapter 20, Buildings, Housing and Construction Regulations, Article VIII, Section 1 G. Unfit Dwelling Units, 1. Eligibility. Any dwelling or dwelling unit having the following defects, may be designated by the Development Department as unfit for human habitation: (a) The structure lacks illumination, ventilation, sanitation, heat, inadequate or unsafe wiring or other facilities adequate to protect the health and safety of the occupants or the public (b) The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested in such manner as to create a serious hazard to the health and safety of the occupants or the public. 4 s (c) The structure, because of the location, general condition, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. (d) The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this article, is unfit for human habitation. (2) Definition of "affordable rents." Note: Grantees may use the definition they have adopted for their CDBG program but should review their existing definition to ensure compliance with NSP program -specific requirements such as continued affordability, Response: Affordable Rents is defined as those rents which do not exceed 30% of an amount representing the percentage of the area's median annual gross income adjusted for family size for very low-, low-, or moderate-income households, and the rents may not exceed the rent limits adjusted for bedroom size for the West Palm Beach-Boca Metropolitan Statistical area as defined by the U. S. Department of Housing and Urban Development annually. (3) Describe how the grantee will ensure continued affordability for NSP assisted housing. Response: All applicants purchasing units with NSP funds will be required to attend housing counseling classes at a minimum of eight hours conducted by HUD approved counseling agenCIes. To the greatest extent possible, mortgage payments should not exceed 30% of the family's monthly income. For purposes of rehabilitation, each dwelling purchased with NSP funds will adhere to HOME standards according to 24CFR 92.251 (a) (1) Housing that is constructed or rehabilitated with HOME (NSP) funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time ofproject completion. No subprime mortgages will be allowed Dwellings previously purchased with HOME funds will revive those restrictions. All dwellings purchased with NSP funds will be secured by a promissory note and mortgage with the City of Boynton Beach for a period of time as specified in the agreement for a period of time no less than 15 years. (4) Describe housing rehabilitation standards that will apply to NSP assisted activities, 5 Response: S The Housing standards governing dwellings purchased or constructed through the NSP program will be in accordance with compliance with the following statutory and regulatory requirements: Building Code: BOCA existing structures Code 1994 d. City of Boynton Beach Local Housing Code Housing Quality Standards Life Safety Code Model Energy Code ANSI standards for handicap accessibility HUD guidelines for the Evaluation and Control of Lead Based Paint Hazards in Housing D. Low INCOME TARGETING Identify the estimated amount of funds appropriated or otherwise made available under the NSP to be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals or families whose incomes do not exceed 50 percent of area median income: Note: At least 25% of funds must be used for housing individuals and families whose incomes do not exceed 50 percent of area median income. Response: $740.828.00 represents 25% of the NSP funds available to the City of Boynton Beach. At a minimum, this will be the amount of funds that will be expended on families whose incomes do not exceed 50% of the area median income. E. ACQUISITIONS & RELOCATION Indicate whether grantee intends to demolish or convert any low- and moderate-income dwelling units (i,e" ~O% of area median income). If so, include: . The number of low- and moderate-income dwelling units-i,e" ~80% of area median income-reasonably expected to be demolished or converted as a direct result of NSP-assisted activities. . The number of NSP affordable housing units made available to low- , moderate-, and middle-income households-i.e" ~ 120% of area median in come- reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion), . The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent of area median income, 6 s ( )1I4f:/: Response: The City of Boynton Beach does not plan to demolish or convert any existing low- and moderate-income dwellings with the use ofNSP funds. F. PUBLIC COMMENT Provide a summary of public comments received to the proposed NSP Substantial Amendment. Note: Proposed NSP Substantial Amendment must be published via the usual methods and posted on the jurisdiction's website for no less than 15 calendar days for public comment, Response: The NSP Substantial Amendment was published and posted on the City of Boynton Beach's website beginning November 14,2008, NSP INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (1) Activity Name: Financing Mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties, Activity Tvve: Payment for reasonable costs associated with the planning and execution of the activities of the program in an effort to facilitate housing. National Obiective: Low-Mod Housing providing permanent residential structures that will be occupied by households whose annual income is at or below 120 percent of the area median. Activitv Description: The City of Boynton Beach and/or its representatives will be negotiating purchasing from lenders, vacant foreclosed properties in areas identified as having the highest volume of foreclosed properties and/or are at risk of having a high volume of foreclosures. Persons at or below 120 percent of the median income will be targeted, with special emphasis on expending at a minimum 25 percent of the allocation assisting persons who are at or below 50 percent of the area median income. Information obtained by the City of Boynton Beach has identified the northwest and northeast areas of the city as those having the highest volume of foreclosed properties. Location Descrivtion: (Description may include specific addresses, blocks or neighborhoods to the extent known.) 7 The Northeast and Northwest quadrants of the city, also known as City Commission S Districts II and IV. Performance Measures: (e,g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51-80 percent, and 81-120 percent). 50% of area median: ...........................,..........3 51-80% of area median: .................................3 81-120% of median: .......................................6 Total Budget: $2,273,311 Responsible Organization: City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach, Florida 33435 Projected Start Date: March 2009 Projected End Date: September 2010 Specific Activitv ReQuirements: For acquisition activities, include: . Discount rate The City of Boynton Beach will adhere to NSP regulations by purchasing dwellings at a minimum 5% discount rate, maintaining an average portfolio of 15%, For financing activities, include: . Range of interest rates If due to market conditions, and non availability of first mortgage monies, the City of Boynton Beach finds it necessary to service mortgages, the minimum rate of interest as of this writing will be 3%. For housing related activities, include: . Duration or term of assistance: Minimum of 15 years . Tenure of beneficiaries--rental or homeownership: Homeownership . A description of how the design of the activity will ensure continued affordability 0 First time home buyers counseling from HUD certified counselors required 0 NSP funds will be secured by a promissory note and mortgage agreement for a period of time no less than 15 years 0 Energy efficient mechanisms will be installed to the highest extent possible 0 No subprime mortgages will be allowed 0 First mortgage payments not to exceed 30% of applicants' annual income 8 @ NSP INFORMA TlON BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (2) Activitv Name: Establish Financing Mechanism for Redevelopment of Residential Property. Activitv Tvve: Down payment assistance for families to occupy 30 newly constructed single family homes. National Obiective: Low-Mod Housing providing permanent residential structures that will be occupied by households whose annual income is at or below 120 percent of the area median. Activity Descrivtion: The Community Redevelopment Agency of the City of Boynton Beach plans to contract with a developer to construct 30 single family homes in the northeast quadrant of the city on property acquired in the process of blight removal. Families at or below 120 percent of the median income will be the targeted purchasers. At a minimum, 25% of the units will be occupied by persons or families who are at or below 50 percent of the area median mcome. Location Descrivtion: (Description may include specific addresses, blocks or neighborhoods to the extent known). Northeast quadrant of the city within census tract 6100. Performance Measures: (e,g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51-80 percent, and 81-120 percent). 50% of area median: ....................................8 51-80% of area median: ...............................8 81-120% of median: ................................. ..14 Total Budflet: $400,000 Resvonsible Orflanization: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Community Redevelopment Agency of the City of Boynton Beach Proiected Start Date: April 2009 9 8 Proiected End Date: October 2010 Specific Activitv Requirements: For acquisition activities, include: . Discount rate: N/ A, new construction . Range of interest rates: Unable to determine first mortgage rate at this time NSP funds from 0 to 3% - market conditions at that time will dictate . Duration or term of assistance: Minimum of 15 years . Tenure of beneficiaries--rental or homeownership: Homeownership . A description of how the design of the activity will ensure continued affordability 0 First time home buyers counseling from HUD certified counselors required 0 NSP funds will be secured by a promissory note and mortgage agreement for a period of time no less than 15 years 0 Energy efficient mechanisms will be installed to the highest extent possible 0 No subprime mortgages will be allowed 0 First mortgage payments not to exceed 30% of applicants' annual income NSP INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (3) Activitv Name: Planning and Administration of Neighborhood Stabilization Program funds. Activity Tvve: Administration. National Obiective: Decent Housing. Activity Descrivtion: General administrative expenses incurred by the City Of Boynton Beach in performing, planning and monitoring of the Neighborhood Stabilization Program. Location Descrivtion: (Description may include specific addresses, blocks or neighborhoods to the extent known). N/A Performance Measures: (e.g., units of housing to be acquired, rehabilitated, or demolished for the income levels of households that are 50 percent of area median income and below, 51-80 percent, and 81-120 percent). N/A Total Budget: $290,000 10 . Responsible 0 ' ~ CIty of Boynt B rganzzation: 100 E B on each B . oynton Beach Blvd oynton Beach FI 'd . , on a 33435 Projected Start D September 2009 ate: Projected End D October 2010 ate: N/A Specific Activity R ' equlrements: 11 CERTIFICATIONS (1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard, (2) Anti-lobbying. The jurisdiction will comply with restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if required by that part, (3) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements, (4) Consistency with Plan. The housing activities to be undertaken with NSP funds are consistent with its consolidated plan, which means that NSP funds will be used to meet the congressionally identified needs of abandoned and foreclosed homes in the targeted area set forth in the grantee's substantial amendment. (5) Acquisition and relocation. The jurisdiction will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.c. 4601), and implementing regulations at 49 CFR part 24, except as those provisions are modified by the Notice for the NSP program published by HUD. (6) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.c. l70lu), and implementing regulations at 24 CFR part 135, (7) Citizen Participation. The jurisdiction is in full compliance and following a detailed citizen participation plan that satisfies the requirements of Sections 24 CFR 91,105 or 91,115, as modified by NSP requirements, (8) Following Plan. The jurisdiction is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. (9) Use of funds in 18 months. The jurisdiction will comply with Title III of Division B of the Housing and Economic Recovery Act of 2008 by using, as defined in the NSP Notice, all of its grant funds within 18 months of receipt of the grant. (10) Use NSP funds ::5;;120 of AMI. The jurisdiction will comply with the requirement that all of the NSP funds made available to it will be used with respect to individuals and families whose incomes do not exceed 120 percent of area median income. (11) Assessments. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by 12 assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, However, ifNSP funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with NSP funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, with respect to properties owned and occupied by moderate- income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment. (12) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from, a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction, (13) Compliance with anti-discrimination laws. The NSP grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.c. 2000d), the Fair Housing Act (42 U.S.c. 3601-3619), and implementing regulations. (14) Compliance with lead-based paint procedures. The activities concerning lead- based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this title, (15) Compliance with laws. The jurisdiction will comply with applicable laws, Signature! Authorized Official Date Title 13 NSP Substantial Amendment Checklist ~ For the purposes of expediting review, HUD asks that applicants submit the following checklist along with the NSP Substantial Amendment and SF-424. Contents of an NSP Action Plan Substantial Amendment Jurisdiction(s): City of Boynton Beach NSP Contact Person: Octavia S. Sherrod (identify lead entity in case of joint Address: 100 E. Bovnton Beach Blvd. agreements) Boynton Beach. FL 33435 Telephone: 561/742-6066 Jurisdiction Web Address: Fax: 561/742-6089 www.boynton-beach.org Email: sherrodo@bbfl.us The elements in the substantial amendment required for the Neighborhood Stabilization Program are: A. AREAS OF GREATEST NEED Does the submission include summary needs data identifying the geographic areas of greatest need in the grantee's jurisdiction? Yes rg] No D. Verification found on page _' B. DISTRIBUTION AND USES OF FUNDS Does the submission contain a narrative describing how the distribution and uses of the grantee's NSP funds will meet the requirements of Section 2301(c)(2) of HERA that funds be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures, with the highest percentage of homes financed by a subprime mortgage related loan, and identified by the grantee as likely to face a significant rise in the rate of home foreclosures? Yes rg] No D. Verification found on page _' Note: The grantee's narrative must address the three stipulated need categories in the NSP statute, but the grantee may also consider other need categories. C. DEFINITIONS AND DESCRIPTIONS For the purposes of the NSP, do the narratives include: . A definition of "blighted structure" in the context of state or local law, Yes rg] No D. Verification found on page _' . A definition of "affordable rents," Yes [81 No D. Verification found on page _' 14 ~ \ ~~)-. . A description of how the grantee will ensure continued affordability for NSP '-~/ assisted housing, Yes ~ No D. Verification found on page _' . A description of housing rehabilitation standards that will apply to NSP assisted activities? Yes ~ No D. Verification found on page _' D. Low INCOME TARGETING . Has the grantee described how it will meet the statutory requirement that at least 25% of funds must be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals and families whose incomes do not exceed 50% of area median income? Yes ~ No D. Verification found on page _' . Has the grantee identified how the estimated amount of funds appropriated or otherwise made available will be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals or families whose incomes do not exceed 50% of area median income? Yes ~ No D. Verification found on page _' Amount budgeted = $ - E. ACQUISITIONS & RELOCATION Does grantee plan to demolish or convert any low- and moderate-income dwelling units? Yes D No ~. (If no, continue to next heading) Verification found on page _' If so, does the substantial amendment include: . The number of low- and moderate-income dwelling units-i.e., :::;; 80% of area median income-reasonably expected to be demolished or converted as a direct result ofNSP-assisted activities? Yes D No ~. Verification found on page 7 . The number of NSP affordable housing units made available to low- , moderate-, and middle-income households-i.e., :::;; 120% of area median income- reasonably expected to be produced by activity and income level as provided for in DRGR, by each NSP activity providing such housing (including a proposed time schedule for commencement and completion)? Yes D No D. Verification found on page _' . The number of dwelling units reasonably expected to be made available for households whose income does not exceed 50 percent of area median income? Yes D No D. Verification found on page _' 15 F. PUBLIC COMMENT PERIOD 8 Was the proposed action plan amendment published via the grantee jurisdiction's usual methods and on the Internet for no less than 15 calendar days of public comment? Yes ~ No D. Verification found on page _' Is there a summary of citizen comments included in the final amendment? Yes D No D Verification found on page _' G. INFORMATION BY ACTIVITY Does the submission contain information by activity describing how the grantee will use the funds, identifying: . Eligible use of funds under NSP, Yes ~ No D. Verification found on page _' . Correlated eligible activity under CDBG, Yes ~ No D. Verification found on page _' . The areas of greatest need addressed by the activity or activities, Yes ~ No D. Verification found on page _' . Expected benefit to income-qualified persons or households or areas, Yes ~ No D. Verification found on page _' . Does the applicant indicate which activities will count toward the statutory requirement that at least 25% of funds must be used to purchase and redevelop abandoned or foreclosed upon homes or residential properties for housing individuals and families whose incomes do not exceed 50% of area median income? Yes ~ No D. Verification found on page _' . Appropriate performance measures for the activity, Yes ~ No D. Verification found on page _' . Amount of funds budgeted for the activity, Yes ~ No D. Verification found on page _' . The name, location and contact information for the entity that will carry out the activity, Yes ~ No D. Verification found on page_. . Expected start and end dates of the activity? Yes ~ No D, Verification found on page _' . If the activity includes acquisition of real property, the discount required for acquisition of foreclosed upon properties, Yes ~ No D. Verification found on page _' 16 @ . If the activity provides financing, the range of interest rates (if any), Yes ~ No D. Verification found on page _' . If the activity provides housing. duration or term of assistance, Yes ~ No D. Verification found on page _' . Tenure of beneficiaries (e.g., rental or homeownership), Yes ~ No D. Verification found on page _' . Does it ensure continued affordability? Yes ~ No D. Verification found on page _' H. CERTIFICATIONS The following certifications are complete and accurate: (1) Affirmatively furthering fair housing Yes ~ No D (2) Anti-lobbying Yes ~ No D (3) Authority of Jurisdiction Yes ~ No D (4) Consistency with Plan Yes ~ No D (5) Acquisition and relocation Yes ~ No D (6) Section 3 Yes ~ No D (7) Citizen Participation Yes ~ No D (8) Following Plan Yes ~ No D (9) Use of funds in 18 months Yes ~ No D (10) Use NSP funds :::;;120 of AMI Yes ~ No D (11) No recovery of capital costs thru special assessments Yes ~ No D (12) Excessive Force Yes ~ No D (13) Compliance with anti-discrimination laws Yes ~ No D (14) Compliance with lead-based paint procedures Yes ~ No D (15) Compliance with laws Yes ~ No D 17 APPENDIX NO. '3350975R' CITY OF BOYNTON BEACH. DEPARTMENT Of DEVELOPMENT COMMUNITY IMPROVEMENT DMSION '(CID) - NEIGHBORHOOD STABIUZATION:PROGRAM NOTICE OF PUBLIC MEETING On July 30, 2008, the United States Co,~gress approved Public law 110-289 - Title III of the Housing and Economic Re<;overy Act, 2oo8{HERAI, The Act appropriates funding for emerge:r assistance for the redevelopment, of abandOned and fore<;losed homes an residential properties, The Neighborhood Stabilizafion Program funds were awarded 10 CDBG entitlement communities based' on eaeh community's local foreclosure and abandonment raf~, The City Of Boynton Beach has been aWarded $2,963,311, These funds will ,be accessed by way of an application submitted by the City Of Boynton Beach 10 the Federal ~rtrnent of Housing and Urban Development (HUDI bI1 or before December 1, 2008, ' Neighborhood Stabilization Program The purpose of the Neighborhood Stabilization Program is to assist in the redevelopment of abandoned and foreclosed properties, All actiVities funded under the program must be used to provide bene~ls 10 .individuals and families whose incomes do ,not exceed 120% of the median income, At lease 25% of the grant must be expended on the purchase and redevelopment of obandoned or'foreclosed reSidentialrcroperties that will be used to house persons or families whose income is at or be CfW 50% of the area median income, Activities meeting other CDBG Nation~1 Objectives are riot eligible for Ihisfunding, ' E1igiblit Adivities: ' . Primary andlor Se<;ondary Mortgage loan Asslstarice .' Purchase, Rehabilitation and Stile of Abaf:ldoned and Foreclosed Home and Residential Properties. . Establishment of Land BCI(lks ' . Demolition of Blighted Structures . Redevelopment of Demolished or ,Vacant Properties Notice of Public Meeting , The City Of Boynton Beach's Community Improvement Division will be sponsoriI'J9 a public meetin~ to discuss the NeighbQrhood Stabilization Program and 10 solicit public input, A I hOn-pro~ls, public agencies, and other interested parties are invited to attend, The meeting is to be held: " Place: City Commission Chambers 100 E, Boynton Beach Boulevard Boynlon Beach; Florida 33435 Time: 6:3~m, Dale: Mo, October 27, 2008 'IN ACCORDANCE WITH THE PROVISIONS OF THE ADA, THIS AD CAN BEREOUESTED IN AlTERNAfED roRMAT, AUXILIARY AIDS OR SERVICES WILL BE PROVIDED UPON REQUEST WI1H AT lEAST THREE DAY' NOTICE (CoNrAO aD ATI561] 742-6066), I PUB- Odober 20 2008 MINUTES OF THE PUBLIC INFORMATION MEETING ON THE NEIGHBORHOOD STABILIZATION PROGRAM HELD ON MONDAY, OCTOBER 27, 2008, AT 6:30 P.M., IN CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Octavia S. Sherrod, Community Development Manager Quintus Greene, Director of Development Brenda Cornelius, Affordable Housing Administrator Debbie Reamsnyder, Administrative Assistant I. OPENING A. Call to Order - Octavia S. Sherrod The meeting was called to order at 6:42 p.m. by Octavia S. Sherrod. She reported the public information meeting was required by the United States Office of Housing and Urban Development (HUD) for the purpose of discussing the Neighborhood Stabilization Program recently passed by Congress. II. Overview of the Neighborhood Stabilization Program The City of Boynton Beach would be receiving $2.9 million to assist in the redevelopment of abandoned and foreclosed properties in the community, to stabilize the community and to help prevent further depreciation. On July 30, 2008, Congress approved Public Law 110-289, Title III of the Housing and Economic Recovery Act (HERA), which appropriated funds for emergency assistance for the redevelopment of abandoned and foreclosed properties. The Neighborhood Stabilization Program funds would be awarded to entitlement communities in the form of Community Development Block Grants (CDBG), based on each community's local foreclosure and abandonment rates. The City of Boynton Beach was required to obtain input from the community as to the manner in which the $2.9 million would be expended. In order for the funds to be accessed, it would be necessary for the City to submit an application to the Federal Department of Housing and Urban Development (HUD) by December 1, 2008. The Neighborhood Stabilization Program would not bailout people who were in the foreclosure process. The basis of the program was to assist the City in purchasing homes that had become vacant through foreclosure. 1 Public Meeting Minutes Neighborhood Stabilization Program Boynton Beach, Florida October 27, 2008 The program would assist individuals whose incomes did not exceed 120% of the median income, currently $66,000, for a family of four in Palm Beach County. The program mandated the City expend at least 25% of the funds received on the purchase of foreclosed properties to house people whose incomes were at or below 50% of the area's median income. A PowerPoint presentation featured a chart setting forth Palm Beach County guidelines for very low, low and moderate income levels. Anyone interested in receiving a copy of the chart should contact Ms. Sherrod, and she would provide a copy. III. Neighborhood Stabilization Program Eligible Uses Eligible uses would include: . Establishing financing mechanisms for purchasing and redeveloping foreclosed homes. The mechanisms would include second mortgages and shared equity loans for low and moderate income homebuyers. . Purchasing and rehabilitating abandoned or foreclosed homes and residential properties in order to sell, rent or redevelop the properties. Correlated eligible activities would include acquisition, disposition, relocation and direct homeownership assistance, as well as the rehabilitation and preservation of homes and other residential properties. The City was required to provide homeowner counseling for people wishing to purchase foreclosed properties. . Establishing land banks for homes that had gone into foreclosure or had been abandoned. . Demolishing blighted structures and redeveloping vacant properties. Once the buildings were demolished and properties became vacant, public facilities, including parks or centers, could be constructed. The City would work closely with community-based development organizations in order to further assist in direct ownership and finalize the stabilization effort. IV. Questions and Answers Ralph Harvey, 200 Knuth Road, noted he was in the real estate and mortgage business. His concern with the program was that the funds to be received by the City would be used to purchase properties rather than help homeowners in need. Additionally, it was likely the properties purchased would require additional dollars for marketing and rehabilitation. 2 Public Meeting Minutes Neighborhood Stabilization Program Boynton Beach, Florida October 27, 2008 Ms. Sherrod echoed Mr. Harvey's sentiments, but pointed out the City did not establish the rules and regulations. She noted the Federal Department of Housing and Urban Development (HUD) had assisted approximately 400,000 homeowners in rewriting their loans in order to avoid foreclosure. Mr. Harvey inquired whether there was any loophole or means of circumventing the manner in which the funds had been earmarked. He presented a hypothetical scenario pertaining to the City's purchase of blighted properties for future projects. If City Hall were to expand and there were houses in the area in foreclosure, he contended the City could acquire those properties for such purpose or for other development. Ms. Sherrod pointed out Mr. Harvey's hypothetical scenario would not constitute an eligible use of funds. The rules and regulations currently allowed the use of funds for redevelopment or for government use. To her knowledge, the Federal Department of Housing and Urban Development (HUD) had granted some leeway for creativity and redevelopment. She suggested Mr. Harvey access the website, www.hud.gov, which dealt with the stabilization program and set forth hypothetical questions and answers. She also noted the stabilization program would be discussed by the City Commission at its November 5, 2008 meeting. Mr. Harvey inquired as to the hiring process for contractors, once the funding was received and the City determined the properties would be rehabilitated. Ms. Sherrod indicated a process was currently in place. The City accepted applications from licensed general contractors. Specifications were prepared by the City and sent to the contractors noted on City's the bid list. V. Adjournment There being no further business to discuss, the meeting properly adjourned at 6:59 p.m. ~-%:-~ CJ /- , Stephanie D. Kahn Recording Secretary 103008 3 HUll\.. ~ I1!~P Map of Boynton Beach with Percent of all home purchase loans that \I ~'1 df(~" Boynton Beach, FL (US Census PI ace) Percent of all hOllle purchase loans that were subprinle in 2007. Dc; r(',; nt (,f I.', ~ n sf,,: r th,; r~'IHdi.:l.S;' ,.')f a h 0 rno;> th at ',iv'" 1',1 " u bpri m€ In ;:' CII.~17, Su b l)ri me k,ans are d efi n" d as loan5 '/"'Ilh ::; I'cT,:,ned r:ne ~;r'r,,:d The I':;t" spread ",n a I,:,an 15 the dlff~r"n.:~ r,etv",,,,,,,n trle 4nnual ~Ier(entag'" F.al" (,6,PP) ,:on the I,:,an an,:J the; tr'~asur'l ~e<urlt':i \'Ields a': c,f the 'J"te ,:,f th" 1')an"5 ':'i'I~]lnatl':,n, Pate ':pread5 ar~ (,nl\-" (ef:'c,n",d bV flnan(:lallnstitutl(,ns If the .,6.Pp. is J (',r t-n(,re pel"~entag'" pOints hl!Jher fc,r ,:'[ first lien Ie, an, ')1 5 e,r nY'I", f:'er">:.ntaqe oointc, hiqher for a s",,::,)nd li"n !e,an, .Ii.. rate spt'ead 01"3 'Jr more sugqests that a loan is of nc'tablv hl(~her ~>:'~t tha.n ,:; t\ipl,:allc,an, These k,ans ',;",'ere (,rl'Jinated f"r the purdiase ,;f an owner-,.:,,:.,::upied,. ,ne-r.:,-f,:,ur fanii!\,l d"ivellin'J, as I'€f:,,:,ned 1:,,/ H~'...lD,6" r',...1€dl3.ns 'Nere ne,t ,:..:;I,:uiated an,:l r-,er,:ents V'lere n,:,t :"!T1r-,ut",dNher", the ,:,:',unt of ie,an ",'/€nt5 'jf that t'/r-'''' ,:,r th", ,j",n,jnllnat,:,r ,;of th", ,:al,:ulatl,)n \,Va5 1"'55 lhan fl....'e, Legend Year 2007 Variable percent i ! ! ~ u ff ! !!,} i ~_ L\:.H ~ 7 j ,~l, ';Jj~. I.".' r" j "~' - ~, ;:" 1 ~:,);:, - ], j ;":':';: 11, -; 7 1:'!i~r - 1 7 I:, C :~!i=, III :L -; . ~:~, f~.'~,:. ;:; :; !-{i,', _ ~'<:.: :;1',';', .!' rn"f'2 r ---; map Map of Boynton Beach with Predicted lS-month underlying problem <i<>Od <1m ~d_~ " Boynton Beach, FL (US Census PI ace) Predicted 18-nlonth underlying problenl foreclosure rate, according to HUD, as of 2008. fiUD's pi ~dl(t~d 1:3-n,,)nth '_m.:Ji::rl',/ln'J r,.',:,blern f'A~,:f.:',:ur e ra.rE' , .'15 ,'if :>:,Ii,:(::, Ti'i1S ral~ d.::,;:,:, n,:.t pr<:,''iidE' the :Lwall~'i~1 ,A f,~'ref:I':';,LH'>:,S in an ar>:,a, but r,:Hher pr>:'di.-:ts ,vhat the f':,r'e.:losl,H'>:' rls~ ml<:Jht t'e ge'irl'] [(,rV'iar d,,"', rate ,,:,I<::,s<,:r t.:., 100 Indicates that HUD's ana.l'y'SiS SU';l,]ests a...."'r''/ hi~1h predined rr':k, and a rate .-::k,ser tn (.I sU:J:Jests a \-'':'r'\/ 1,-",\, ~'r'edicte,:j risk, These data "!\lere r~l€as~d bV HUD through their '.N.ebsiti? t(. h.elp grantees appl'y' for the r'JEi'Jhr.")rh(,,:~d Stab!llzat!c,n Pr':>Jrarn in ki?"'1)in'J '''''Ith the stipulations laid out in thE H('uslng and E,:,:'n':'rn!'~ Fe<:':'vi?r"v /;,,:t ,A :2CJO:S, -::';1'':''/ shading In tl-Ie f'naf) rndl,:atEs tl,at "'Ither' the ':1 at ,'1 rele,'ised b',/ HUD ,:Jid n,:.t In.-.iu,:J,~ th-",E ar"'EiS ,;"1' that HUD gav,:. these I,:...>ii:ions m,'::,re than .::one {'ate, Legend ._-----~-..--_._----- Florida> Palm Beach County> Boynton Beach-Delray Beach> Boynton Beach> 33426 Year 2008 Variable rate in', uffj ft.' [),~r ,-j .:- , ~~. '~, r' 102 ': ': ..:, s ~:', 4 e'l 4 ,',L, ::" r:,S _'=,1:,1: 7 .,>\ . :'.::::':", :'{ ;"fl, 1': VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM D. AGENDA ITEM REQUEST FORl\.I. m Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must ~um~~ Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's ~e ~'C:iIJ (""') o October 21, 2008 --I n"Tl o August 19,2008 August 4,2008 (Noon) October 6, 2008 (Noont,.) r-CQ rt1Q) 0 ::u-< 0 September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (NoOl~ ~z: U)~ :x 00 o September 18, 2008 September 2, 2008 (Noon) rgj November 18,2008 November 3, 2008 (No~ "TJ% ~ - ~ o October 7, 2008 September 15,2008 (Noon) o December 2,2008 ... November 17,2008 (Noon) :z: 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM C8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the reduction ofa perfonnance bond for the Gateway Boulevard widening to six lane divided, from Renaissance Boulevard eastward to High Ridge Road by 80%, EXPLANATION: Per the attached letter, the developer of the Boynton Town Center (The Sembler Company), has completed the widening of Gateway Boulevard, from Renaissance Boulevard to High Ridge Road, except for the final asphalt overlay, striping and signing, This represents the continuing area phased development of the supporting roadway network required to support the said Boynton Town Center commercial development and the future residential development to follow, PROGRAM IMPACT: The original Perfonnance Bond is in the amount of$1,760,000, Both the project consulting engineer and this Division support the requested 80% reduction at this time, leaving the balance of the bond (or the replacement with a new bond) at $352,000, We anticipate the project to be completed before the end of the calendar year. FISCAL IMPACT: N/A ALTERNATIVES: Leaving the original bond in place for the balance of the improvements and the one (1) year warranty period, ~ Assistant to City Manager ~ Public Works / Engineering Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC SSEMBLER October 23,2008 (via electronic mail) Mr. H, David Kelley Jr., PEIPSM City of Boynton Beach Engineering Division of Department of Public Works OCT 2 3 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: Boynton Town Center and Boynton Village (Winchester Property) Reduction of Performance Bond # 104708963 Mr. Kelley: As you are aware, 1950 Congress Avenue, LLC Calk/a "Sembler", its authorized representative), pursuant to the development requirements associated with the above referenced property, has posted performance bonds with the City of Boynton Beach to ensure construction of various projects, including one for construction of "Gateway East" (i,e, the road widening from the Canal to High Ridge Road). As discussed with Mr. Livergood today, as of this time we have completed the majority of the work which is secured by the Gateway East performance bond, Accordingly, we hereby request a reduction of the associated bond by an amount equal to 80% of the original bond amount, for a new bond amount of $352.000.00, For your convenience, please find attached a copy of the original bond for the work (Bond #104708963 in the amount of $1,760,000.00), Please review the attached information and let me know if you have any questions or comments, or if you require any additional information in order to process this request. Respectfully, ~-? Mike Hagan Director of Development, Sembler On behalf of 1950 Congress Ave, LLC cc: Jeff Livergood - City of Boynton Beach 4';(, SOUTH ,J()"1N,:-~or"i FERRY R.O.A.D, SUiTE ',',JU i ATU.\,NTA, Gf\ 303 8-4:3':C i 404.8,; THE SEMBLER COMPANY I SEMBLER,COM VI.-CONSENT AGENDA CITY OF BOYNTON BEACIi1t; ITEM E." AGENDA ITEM REQUEST FORMocT 23 AM II: 1+ 5 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 o August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20,2008 (Noon) o September 18, 2008 September 2, 2008 (Noon) C8J November 18,2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM C8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Un[mished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the release of the 10% balance of the original Letter of Credit #136192060677 issued by Commerce Bank EXPLANATION: This request represents the completion of all the bonded work. Finance currently holds the 10% balance ($58,563.00) of the original Letter of Credit. All covered work has been field reviewed and accepted, A letter dated 10107/08 is attached, PROGRAM IMP ACT: NIA FISCAL IMP ACT: 001-0000-220-99-00 ALTERNATIVES: NIA /, . ) l',' ,/' " .- ~~ " . :~',,,j, ,.f ,. ".1 I'. I. l' " t'~ r '--- 1" . ~: ~. r~ "~'<- Department Head's Signature i< ~ . Assistant to City Manager Public Works I Engineering Division Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC ComI,.... ce .Bank ., October 7, 2008 William Bucklew, CBO Building Official City of Boynton Beach Development - Building Division 100 E, Boynton Beacb Boulevard P.O, Box 310 Boynton Beach, FL 33425-0310 RE: Commerce Bank - Wincheste~/Boynton Release of Bond Request Property I D# 08-43-45-30-01-004-0010 Dear Mr, Bucklew: Please be advised that all bonded work has been completed and is ready for final inspection for the purpose of being released from the Performance Guarantee for the above-referenced Branch Bank. We are therefore requesting the following: o Release of Commerce Bank Letter of Credit No, 136192060972 in the amount of $86,240,00 and Letter of Credit No, 136192060677 in the amount of $585,630,00, D Release of the cash portion of the in the amount of D Any Open Escrow Accounts, Please advise if we need to supply the Township with a Maintenance Bond in order to have the Performance Bond re~eased, A prompt reply would be greatly appreciated, Sincerely, COMMERCE BANK, N.A. J~~~ Q.. J.. wt1-1~ Kimberly A. Seward, Construction Coordinator ~i g ((~ g U W ~ fD) OCT 1 4 2008 Commerce Bank is a trade name of TD Bank, NA BU~...D!NG DIVISION 9000 Atrium Way Mount Laurel, NJ 08054 (888) 751-9000 . ~/~(6e ~kv6G I Commerce i ! . ~Bank I' ' I . '.. ,"'~ . 'r" ~,.. ,.', INTERNATIONAL DEPARTMENT April 26, 2006 ," IRREVOCABLE STANDBY L~TTER OF CREDIT NO. 136192060677 EXPIRATION DATE: AprW26, 2007 City Commission of Boynton Beach C/o City Engineer, Agent for the City 100 East Boynton ~each Boulevard Boynton Beach, Florida 33435 Re: BUildln<g Permit No. ~(; -351 b . We hereby open our Clean;):tevocable Standby Letter of Credit No. 136192060677 in favor of the City of Boynton Beach, Florida ("CIty") in an amount not to exceed in the aggregate Five Hundred. Eighty-Five Thousand Six Hundred TQirty and 00/100($585,630.00) U.S. Dollars effective as of this date, which shall remain effective until released by a Resolution adopted by the City Commission at a regular City , 'Commission scheduled meeting. This Letter of Credit is issued pursuant to the terms of that certain Building Permit (hereinafter, "Permlr) issued to Commerce Bank, N. A., as Developer, by the City of Boynton Beach, Florida to develop a parcel to be known as Winchester Shops (hereilaafter, called the .project"), and to construct and install the required public improvements to support l:>roject sUbsequent to recordation of said plat for the Project pursuant to the terms of the Permit. This Letter of Credit however, is independent of said Permit and reference_herein is for information only. - The initial amount of funds available under this Letter- of Credit and stated above may be reduced from time to time by the City Engineer, as the agent for the City of Boynton Beach, in accordance with the requirements of the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations. We hereby agree that such reduction shall not be effective until we have furnished a written amendment to ,this Letter of Credit. Such amendment shall reference this Letter of Credit as well ~s the Permit Number and Project Name, as set out herein, and the new amount requested. Funds under this Letter of Credit are .available to the City hereunder, not to exceed the current available amount subsequent to any authorized reductions of this Credit against the CIty's demand, by Its authQrized agent named above, for payment to us mentioning our Letter of Credit No. 136192060677. .... We hereby agree that when tt)e City's demand for payr:nent is received at our office located at 6000 Atrium Way, Mt. Laurel, NJ 08054: or at any branch located in the State of Florida to the attention of the Head Teller, on or before .the expiration date, it will be promptly honored. Venue for any and all legal actions necessary to enforce the terms of this Letter of Credit shall be in Palm Beac.~Count'J,' F!cr!d2. Th!s Letter of Credit shall be interpreted according to the laws of the State of Florida. Except so far as otherwise e?Cpressly stated herein, this Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce, Publication No. 500: Very truly yours, ~OMMERCEBANK.N~ 6000 Atrium Way ~1h. , 2nd Floor Mount Laurel, NJ 08054 Darleen M. Strieffier . , 888/751-9000 Assistant Vice President FAX:. 856/533-6525 Commerce 136192060677 SWIFT: CBNAUS33 CITY OF BOYNTON BEACH CURRENT LISTING OF LETTER OF CHEul TS AS OF September 30, 2008 Reso Lellet of Issue Expiration Release/Reduction Applicant -~~-_.. Bank No. Credit No Amount Date Date Purpose Resa No Amount Balance Exp Date Albertson's AlbertSOnlslHypoluxo Vlllaqe Wells Far~o Bank, N.A R03-135 NWS467658 2218891 07101/03 06/25/04 Installation of Water & Sewer Systems 1211512006 22.188,91 auto extensions 1 year periods Altman Developmenl Corp Tuscanny on the Intracoastal (lor..... Comerica Bank 562451-04 338,580 00 11130100 08131/01 Excavation & Fit! Permit R01-209, R 338,580.00 new expiration 06/19/03 American Retirement Corporation 97.735l36 First Union R98-186 3163244 95,306.00 09/04/96 Water & Sewer Systems 95,306 00 Atlantis Development llC Venetian VIlla,,; Greal Eastern Bank of FlOrida 5-0009104 47,817.00 08/11104 1 'If fr permi Construct and install required publiC improvemf'nls 43.035,30 4.78170 90% reducllnnlletler released (''11:';11/0'' BJ's Wholesale Oub, lnc Fleel National Bank R01-1B2 1S1261785 250,000 00 04126/01 04/26/02 Excavation & Fill R02.106 225.00000 25,000,00 Boynton Beach Development Assoc Boynton Commons Shoppi/)!:l etr Southtrust SB 1166 20,OOC1OO 06/16/97 03/27/98 R~amation 20,00000 Boynlon Federal Development, Inc Eckerd's at US Hiqhway 1 City National Bank 10847 38,497.80 10117/00 10104101 Improvemens reQuired under site plan 38.49780 Boynton Properties, LlClPuqliese Co Safe & Secure Self Storaqe FIdelity Federal Bank 8. Trust 182060-100 72,180.90 06104104 12104104 Construction of water and se\.\Ie( improvements 1/212007 72.180,90 Cascade lakes lid Leste-r PUD Bank Atlantic 8A-409 566.400.00 R01-199 566,400 00 balance released 11f05l03 Cascade Lakes lid Lester PUD, Plat 2 Bank Atlantic R99-142 BA-415 289,000 00 1 0104199 R03-142 28,900.00 :'60100 00 Cascade Lakes lid Lester PUD, Plat 3 Bank Atlantic R9g..152 BA-418 371,200,00 10104I99 R03-142 371,200 00 Cascade lakes lid Lester PUD, Plat 5 Bank Atlantic BA-437 244,300.00 05110100 05110101 On-site and off-site sanitary sewer and waler distribution R03-142 244,300.00 Cascade Lakes lid Lester PUD, Plat 4 Bank AlIantic BA-436 268,800.00 05110100 05/10101 On-site and off-site sanitary sewer and water distnbullon R03.142 268,600,00 Cascade Lakes lld Lester PUD, Plat 6 Bank AUaotic R01.208 BA-455 76,900.00 05107/01 Note 1 On-!!Iite and off-site sanitary sewer and water distribution R03-142 78,900,00 Centex Homes Tuscany Bay SunTrusl Bank ATl.JP601403 1,291,910.00 11/06101 11106102 Construct and install required improvemenls 21312005 1,291,910.00 reduced by Comm action Centex Homes The Harbors PUD 8ank of America R03-104 3056164 25,047.00 05116/03 06127/06 Surety fOf restoration 12/15/2006 25,04700 auto extensions - 1 year periods Centex Homes Ocean Cay 8ank of America R03-114 3056469 5,997.00 05I30i03 05128104 Installation of Sewer Systems R03-114 5,99700 auto exlenskms . 1 year periods Ciilli6rm;G&.Ill'fCi, . . . ~fimWJiiiCI:'HelQhts. AClF ;'~W"~. '., ....3bz.~. 100,~1>>, ~l)sli61OO~~~.~fiOO0'~~:Wahi~~Ifij~m~rits ';'~'E"'r'"':.~":" 1ooi$iijiOO4 ,%".' ;::~k&jfoi' release 0910812008 ~ o;n;;;';~eank... nSlnicli6n'CO. Winchester Shops CO'mmerce Sank 1.36192E+11 585,630.00 04/26106 04126107 aear & j:lrup, and import or fill 41612007 527,067.00 58,563,00 Commerce Bank Winchester Shops Commerce Bank 1 36192E+11 86,24000 11106106 Construct and inslall required improvements 4/812007 77,61600 8,624.00 reduced 41612008 'marked for rele3se.lexplrallun Compson Associates of Boynton II, LLC Renaissance Commons Ph 3 .6 Wachovia SM;208676W 168,015,10 06/16/04 06/10105 Construct and install required improvements 126,01132 42,003 78 reduced by El1Qineerinq Compson Associates of Boynlon II, LlC Renaissance Commons Phase 1 Wachovia SM209165W 58,000.00 07/14/04 07/14105 Construction of the spine road at the G-16 Can~ 58,000.00 Condor Investments of P8 County, Inc Cedar RidQe Est Great Soulnem Bank 97-089 97,723.00 06103197 06103198 Installation of Public Improvements 97,72300 Cunninqham-Ump of FL Huntil'lQton Bank 107012 23,018.60 06125197 06125198 Not on file 23,01860 D R Horton, Inc DahlQren P U D 8ank of America R03 03u 3053264 549,093.05 01/22103 01121104 Installation of water and sanitary sewer systems 1 0/3012006 549,0930'i OR Horton, Inc:JConlinental Homes Melear PUD Bank of America 3704313 661,113.20 1 012&'99 10119100 Construction of water dislribution+sanitary sewer 101712003 628,05720 33,056 00 reduce by Comm D,R Horton, Inc/Continental Homes Metear PUD Bank of America 3020336 360,307.50 11/09199 05106105 Construction of Landscapi/"lA 11512005 355,30750 5,000 00 red 10 $5,OClO Gateway, LLC Survivors Chaner School Fidelitv Federal Bank & Tf1JSl R03.118 26866/100 75,431.00 06126103 06/26/04 Water and Wastewater Systems 75.431.00 Guardian Storaqe of Boynton Beach M& TBank 12266 53,363.20 06104I96 06103I99 Waler & Sanitary Sewer Syslem R01.324 53,36320 Home Development of Hunters Run, lid Bank AIIantic BA379 29,328.55 1012ll/ll6 10128/99 Pavinq & OrainaQe 29,32655 Waller H Janke Grove Plaza Wachovia LC670-101424 7,250.00 03102/98 03102/99 Water & Sanitary Sewer System R01303 7.250 00 Kennedy Properties, L TO Hills of Lake Eden Harris Trust & SaviflQs Bank SPl35743 19.350.00 02107/00 02124101 Construction of water and sewer inprovements R01-190 19,35000 Knuth Road Gas & Oil Gas Station Southtrust Bank. R98-164 S813493-98 52,000 00 09J22198 SaniltM'V.sev..w and Potable Waler 52,000,00 HematolOj:ly Oncology Associates, Inc Medical Arts Professional Center Fidelitv Federal Bank & Trust R03.045 637961 101,597,10 01/18103 01/16104 Potable Watet and Sanitary Sewer Utilities 101,59710 Returned 02104105 liii'\i~~lfllli""fiTTO . tiSVEfhfanas::aiBO\lT1tBn"Beaal . '~~U,7'....'.""'. ....._...,~,' 3,~9lJ;~""I~;~~~~~~.. .".,r Lenna/' Homes, Inc rv10ntreux (Barwick Road Properly) Deutsche Bank AG OB5-16551 337,700.00 05119105 05119106 Required watet' and sewer improvemenls 337,700,00 lennar Homes, Inc Montreux Phase II Deutsche Bank AG D85-17099 1 00,400. 00 05104I06 05104107 Construction of waler and 9f!INet inprovemenls 100,400,00 Lennar Homes, Inc Seaview- Park Qub Fidelity Guaranty & Accept Corp FGAC--06267 248,623.69 09108I06 Water & Sewer Improvements 248,62369 MIl Schollenstein Homes, lnc Jonathan's Grove SunTrust Bank P1OQJ07 65,271 50 07101196 06/30197 Improvements 10 SUbdivision 65,271,SO Nayrot Realty lid, Boynton Commerce Center II Mellon Unfted National Bank MUNB-5627 33,550.00 O4I2CVOO 0412001 Construction of the potable water and sanllar.{ sewPf R02.042 33,550 00 Ne'ftI Urban Hiqh RidQe, llC Hiqh Ridqe PUD Plat (Permit) SunTrust Bank P003821 465,220.90 12/18106 12/18/07 Required pubfic improvements 465,22090 Olen Residential Really Manatee 8ay Nalions Bank R9g..84 941529 18S,95996 06101199 06101/00 On-site & off-site water and sewer R01-328 177,81196 9.348,00 (returned !eplacPd bvc;;Jsh b.,r,o; Oriole Homes Corp Ohio SavinQs Bank 1999-115 461,005.00 03123/99 03/31/00 On.site sanilaty &eWer and water lines R01-195 461,005 00 R J. ConsuHi~ Manaqemenl 8. MKQ Th@ Villas @ Cypress Creek Palm Beach County Bank R02-182 2002061902 26,663.00 06/19102 06119/03 WOller & Sewer Improvements 91212003 26,66300 replacedbycashsurelv .$1.3311", RCC III, LLC Renaissance Commons Pial 2 Wachovia SM217516W 7,038.15 12122105 12120106 WOller & Sewer Improvements 1/14'2008 7,03B 15 RCR HoldlnQs II, LLC Renaissance Commons Phase 4A Wachovia SM222088W 49,424.10 09125106 09125107 Water & Sewer Improvements 49.42410 The Related Group Marina ViH~e City National Bank 5/412004 11166 33,550,00 04126104 04121105 Required public improvements 33,550,00 The Related Group Marina Vill3ge City National Bank 51412004 11187 40,840.80 04126104 04121/05 Dewaterinq/DemuclOl'1Q. Permit #04 1715 40,840,80 The Related Group Matina Villaqe City National Bank 11184 739,46923 07/02104 06/30105 Construction of waler and sewer inlrastructur", hr Marina ViltaQe 665,522 31 13,946 92 Rf'<'!uced 90% bv c-ornrms<;rOf' ,or Town of Hypoluxo Hypoluxo POlnl Colonial Bank R02-072 S8 992081 80,000.00 04/02102 Nole 1 Installation of Sewer Systems R03-116 80,000 00 Tuscany Intrac-oaslal, lid Wachovia R02.050 LC870-132291 1R7,142.00 12/19101 12115102 Waler and Sanitary System H.R S Permits R02-199 187,14200 balance released 0/ 06.04 Villas at Quanlum Lakes, Inc; Villas at Quantum lakes Flrsl Union SM1416453C 279,734 77 09116101 09119102 Water and Sewer improvements R03-031 265,734 77 1 ,t.Ooo 00 Villas OIl Quantum Lakes, lnc Villas at Quantum Lakes Bank of America R03-091 3051870 77,080 00 05102103 Inslallation of Watet and Sewer Systems 917/2004 77,08000 (jtJtn extension. 1 '-II oeIlO.-j~ Wal-Mart Stores, lNC Bank of America 3029736 15,260.00 02126101 02121/02 Complete construction of potable water & sanitary sewer lines R01.326 15,260.00 Walerbrook Peninsula, LLC Peninsula at Boynlon Beach Fidelity Federal Bank & Trust 143190-100 9,763.60 10126106 10126/07 Construct and install required pUblic improvements 10 support project 9,763.60 Weitzer Atesa Homes, LLC Jonathan's Creek Ohio Savil"lRs Bank R01-327 2001-041A 3R3,836oo 12104/01 12104/02 lift Station ($117,7oo); Water Dislrib & Sanitary Sewer ($246,136) 9/2112004 3fi3,83600 West Construction Athletic Complex & ECDC Grand Bank '& 'Trust 20070-076 5,50950 07/25107 Public improvemenls WP Builders (Florida S), LLC Alta Chasf' Firsl Union R(1127':, SM417953C lFi6.881.oo 08123/01 08114/02 Water & Sewer Utilities R02164 158.53700 8,344 00 automallc renpw;;J1 unlec;s 2') ,ja,s '."1 YMCA of Boca Raton, Inc r..america Bank 557167 1115,055 50 01/21/00 02/21/01 YMCA ROQ-174 99.80550 S,250 on \'oplaced by LaC 11'5640112 {MCA of Boca Raton, lnc Comerica Bank 564082.07 5,25278 03/07/01 12101/01 On-Site Water and Sewer Systems R02 -04 0 S.2S27B ~ R f)"Cj 18q 9', 2.41:'18.64294 ^h,te 1 "^utomallcaliy extended wllhou( amendment one yea! trorn It'f> present or any tUIUle expire date unless at lea~.t runtey (90) days Defior to such expiration date oNe nolll', yoU in writinq by r.-el1ilied mail, relurn receipt required, express courier or hand delivered al the abovq address thaI '~'fO <"Ieel not 10 renew Ihls letter of credit for any such additional nne /p"r petiod. VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM F AGENDA ITEM REQUEST FORiV! Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 August 4,2008 (Noon) o October 21,2008 October 6,2008 (Noon) D September2,2008 August 18, 2008 (Noon) D November 5, 2008 October 20,2008 (Noon) D September 16, 2008 September 2,2008 (Noon) [gI November 18, 2008 November 3,2008 (Noon) ~ 0 D October 7, 2008 o December 2, 2008 <Xl :!:t September 15, 2008 (Noon) November 17, 2008 (N~ ~ Q '< f r-.: rTt. . 0 Announcements/Presentations D City Manager's Report c.w ~-( D 0 " ~a: NATURE OF Administrative New Business <h -If :x oi AGENDA ITEM [gl Consent Agenda 0 Legal tor.) .. - 0 Code Compliance & Legal Settlements 0 Unfinished Business CA ca 0 Public Hearing 0 RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of October 2008. EXPLANATION: : Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager, PROGRAM IMP ACT: Ordinance 001-66, Chapter 2, Section 2-56,1 has assisted departments in timely procurement of commodities, services, and personal property, Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager, FISCAL IMP ACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization, This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made, ~ ~ ~~ Manog....' Signature C4A-~~ Assistant to City Manager ~ - . I &'J1 ocuremen Service CIty Attorn Fmance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR OCTOBER 2008 1. Vendor: COW GOVERNMENT, INC. Purchase Amount: --- $19,267.50\ Requesting Department: POLICE Contact Person: DOUG SOLOMON Date: Brief Description of Purchase: REPLACING 10 LAPTOPS FOR THE POLICE CARS WITH ACCESSORIES Source for Purchase: GSA CONTRACT #35F-0143R Fund Source: 691-5000-590,01-27 2 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: 3 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: ~l 4 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: 5 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: Page 1 PURCHASE ORDER ./ CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P,O. #: 090500 P,O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/21/08 VEN DOR 683 SHIP TO: TO: CDW GOVERNMENT, INC. City of Boynton Beach CDW-G CORPORATE OFFICE POLICE DEPARTMENT 230 NORTH MILWAUKEE AVE 100 E. BOYNTON BCH. BLVD. VERNON HILLS, IL 60061 BOYNTON BEACH, FL 33435 REQUISITION NO, 47391 ORDERING DEPARTMENT: POLICE INQUIRIES REGARDING I COMMISSION APPROVED: PURCHASE ORDER CALL DATE NEEDED: BID NO: (561)7426310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 10.00 EA 10-PAN TB 52 P8400 160GB lRG XP 1573.7000 15737.00 ***CONTRACT GS-35F-0143R**** QUOTE #LZW8562 DATED 10/1/08 VENDOR ITEM NO.- PNB-CF-52GCMBXAM 2 10.00 EA 10-SVN 3YR DOP ADH LAPTOP 229.2900 2292.90 $701-$2000 VENDOR ITEM NO,- SVN-057786 3 10.00 EA 10-PANASONIC COMFOLIO UNIV JR 39.5500 395.50 CASE BLK VENDOR ITEM NO.- PNB-COMUNIVJR-P 4 10.00 EA 10-PANASONIC 1GB CF52 CF74 84.2100 842.10 MK3/19/30 *****PLS. RETURN PO TO PD***** VENDOR ITEM NO.- PNB-CF-WMBA601G REMARKS: REPLACEMENT COMPUTERS for Police Department. PROCUREMENT SERVICES: P,O, TOTAL: 19267.50 CCOUNT NO. PROJECT 691-5000-590.01-27 19267,50 PURCHASING VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office o August 19, 2008 August 4,2008 (Noon) o October 21, 2008 October 6,2008 (Noon) 0 September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20,2008 (Noon) o September 18, 2008 September 2, 2008 (Noon) [gI November 18, 2008 November 3, 2008 (Noon) a C O'~ o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 10, 2008 (NO~ ::::;~ -<. Q ("')""tl -= I r-w f"I!lo 0 Announcements/Presentations 0 City Manager's Report W ::3-< 0 Administrative 0 New Business -0 =-5% NATURE OF (/1- :z 0 AGENDA ITEM [gI Consent Agenda 0 Legal W ~ .. 0 Code Compliance & Legal Settlements 0 Unfinished Business (".) 0 0 ...., Public Hearing RECOMMENDATION: A motion to approve the "SURPLUS VEHICHLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction ofthe same. EXPLANATION: Procurement Services has received nineteen (19) items on the "SURPLUS VEHICLE/EQUIPMENT LIST" that was submitted by the Public Works/Fleet Maintenance Division (see attached memo ). Utilizing the City of Boynton Beach disposal process for Surplus Vehicles/Equipment will allow the vehicles/equipment to be auctioned by the City's approved vendor and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the Surplus Vehicles/Equipment. PROGRAM IMPACT: The disposal of Surplus Vehicles/Equipment will provide inventory, control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMPACT: The revenues generated from the sale of these surplus vehicles/equipment will be placed in the Fleet Maintenance Fund in the following account: Revenue Account: Account Description: 501-0000-365-01-00 Sale of Surplus Vehicle/Equipment AL TERNA TIVES: To hold Public Auction with Staff which has been done in the past, but after expenses, it was not !1k2:7iltJ;v t2~~ Department Head's Signature City Manager's Signature Assistant to City Manager ~ Public Works / Fleet Services I~ Department Name City Attfmey / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEPARTMENT OF PUBLIC WORKS FLEET SERVICES DIVISION MEMORANDUM NO. 08-105 R IE ClE f ~, li': D '" t;:p !_ ' $ TO: Carol Doppler, Purchasing Agent L,: 3 2008 Chris Roberts, Asst. Director, Public Works cR '..... ... 0 THRU: FROM: Steven Weiser, Fleet Administrato@ DATE: Monday, November03,2008 RE: Surplus Vehicles Attached is a spreadsheet indicating decommissioned vehicle surplus. We are formally requesting commission approval to dispose of these assets, Please be advised that the Mileage and Condition reports on the Vehicles are not the only considerations when evaluating Iifecycle for city vehicles, A simplified formula to understand the process is as follows; Acquisition cost + Maintenance cost + Operating Cost (INS) = Daily cost of operation, The greatest impact to this daily operational cost is Resale Value, Also in regards to Police vehicles, these vehicles are categorized as severe service vehicles, The mileage and year are not clear indicators as to the condition of the vehicle, Police vehicles are subject to hard stops and starts, excessive idle times, high speed, and high load applications, To stay ahead of the curve we need to allow technology advances help us reduce cost by investing in fuel efficient vehicles, and proactively seek vehicles that meet our vision for environmentally friendly vehicles. Copy: PW Files S.IJ>W\Coorespondencc Vehicle Surplus List EjlU iJ:!, OQ~t Year Mfg. OescriDtion VIN Mileaae Condition Reason Amount received 5 SW 1999 DOdge Dodge Ram 1500 P/U 1 B7HC16X2XS243991 103300 Poor Mechanical & Body 134 UtI 1997 Ford F250 P/U 4X3 3FTHF26H6VMA25211 92881 Poor Mechanical & Body 135 Uti 1997 Chevy 1500 P/U 4X2 1 GCEC14W9VZ222136 142336 Poor Mechanical & Body 576 PKS 1997 Ford F250 P/U 4X4 1FTEF2762VKC47994 97504 Poor Mechanical & Body 3010 FL 2000 Ford Ford Taurus 1FAFP522XYA257308 59952 Poor Mechanical & Body 3023 PO 2000 Chevy Chevrolet Astro 1GNDM19W3YB103102 91106 Poor Mechanical & Body 4115 PO 2001 Ford Ford Crown Vic 2FAFP71WX1X155973 88363 Poor Mechanical & Body 4311 PO 2003 Ford Ford Crown Vic 2FAFP71W43X113897 78767 Poor Mechanical & Body 4505 PO 2005 Ford Ford Crown Vic 2FAFP71W95X144002 67237 Poor Mechanical & Body 4506 PO 2005 Ford Ford Crown Vic 2FAFP71W45X144005 56947 Poor Mechanical & Body 4507 PO 2005 Ford Ford Crown Vic 2FAFP71W25X144004 89465 Poor Mechanical & Body 4508 PO 2005 Ford Ford Crown Vic 2FAFP71WX5X144008 53901 Poor Mechanical & Body 4509 PO 2005 Ford Ford Crown Vic 2FAFP71W45X143999 85210 Poor Mechanical & Body 4511 PO 2005 Ford Ford Crown Vic 2FAFP71W65X144006 74201 Poor Mechanical & Body 4513 PO 2005 Ford Ford Crown Vic 2FAFP71W25X143998 78036 Poor Mechanical & Body 8501 PKS 1993 Ford Ford Tractor BD53850 4470 hrs Poor Mechanical & Body 1070 SW 2000 Int International 1HTSCABN7YH255985 6755 hrs Poor Mechanical & Body 1071 SW 2000 Int International 1HTSCABN5YH255984 5602hrs Poor Mechanical & Body 1088 SW 2003 Condor Condor 49HHBVCY33RK66980 6816hrs Poor Mechanical & Body Totals $0.00 VII. -CODE - LEGAL SETTLEMENT CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORM <:) -<0 ("") -I 0" (..) r-Qt P'io 0 ::"3 -< ^% Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be ~ed u) ti Meeting Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's OffiCl:.... Oz o .." . . ..,,00 o August] 9,2008 o October 21, 2008 -;f'r1 August 4, 2008 (Noon) October 6, 2008 (Noon) t;; O<~ r"1l("") 0 o November 5, 2008 :r September 2, 2008 August 18, 2008 (Noon) October 20,2008 (Noon) 0 September 18, 2008 September 2, 2008 (Noon) [:gJ November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal [:gJ Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to affirm or modify the decision ofthe Code Compliance Board with respect to their ruling on Lien Reduction Case File 07-2415 as provided for in Part II, Chapter 2, Article V, Section 2-90 (4) in our Code of Ordinances enclosed as (City's Exhibit "A.") EXPLANATION: As noted in the enclosed minutes of September 17, 2008, (City's Exhibit "B") the Code Compliance Board voted unanimously to reduce the fine in this case from $21,500.00 plus $826.18 in administrative costs to a total of $3,826.00 including the administrative costs. The applicant Mr. Doug Hauck purchased the property from U.S. National Bank Trust to include the encumbrance of our Code Compliance Board Lien. Mr. Hauck is appealing the Board's decision as noted in the enclosed letter (City's Exhibit "C") from Mr. Hauck to the City Commission dated September 19, 2008. To summarize the statements contained in Mr. Hauck's letter Mr. Hauck feels the reduction isn't sufficient on the grounds that he purchased the property from another entity that failed to correct the violations and incurred considerable expense in correcting the Code deficiencies. Additionally, Mr. Hauck spent additional funds to improve the overall appearance and condition of the property. I've enclosed two photographs (City's Exhibit "D-1 & D-2") to further illustrate the transformation of this property subsequent to Mr. Hauck assuming ownership. PROGRAM IMP ACT: The Code Compliance Board was on target in reducing the lien in this case however an additional reduction of fines wouldn't negatively impact our program. FISCAL IMP ACT: A further modification as suggested by Mr. Hauck would still recover staff costs in processing this case. 0' app,ove the Code Compiia.ee Boud', ..duelion Of~ /') }(J~ City Manager's Signature Assistant to City Manager Cv1/t.-- Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1\ ,-' , . 4- I 1 . ... ." ._, 'i, )'\ ! D I \ i l Sec. 2-90. FInal orders Issued In hen modIfication hearIngs. \--,' Final orders shall be issued in lien modification hearings in accordance with the following procedure: (1) The Code Compliance Board shall issue its order in lien modification hearings in writing Jri d form approved by the City Attorney. Immediately following rendition of lien modification order. tht' City Clerk shall furnish a copy of the order along with minutes of the Code Compliance Board's meeting to the City Commission, (2) Lien modification order issued by the Code Compliance Board shall be final unless a City Commissioner or an aggrieved party takes exception to the final order within seven (7) days of rendition of the order. (3) A City Commission or an aggrieved party may request a review of a Code Compliance Board's order by notifying the City Manager or his/her designee of the intent to do so, Ifreview of a Code Compliance Board's order is requested, the City Commission shall review the order of the Board \\'ith111 thirty (30) days of the request for review, On review, the City Commission may hear the position of the property owner, a Code Compliance Board representative, or may rely upon the minutes of the Code Compliance Board proceeding regarding the propriety of the lien modification. (4) The City Commission shall make one of the following rulings: a, Affirm the Code Compliance Board's final Board order in full. b. Modify the Code Compliance Board's final order. (5) The Commission shall direct the administration to take action consistent with the acceptance. rej ection, or modification of the Code Compliance Board order. (6) The property owner shall be advised that in the event the property owner does not comply with the Code Compliance Board order, as approved or modified by the City Commission, within ninety (90) days of the Commission's action, then the Code Compliance Board's Lien Reduction Order shall be of no further force or effect, and the original lien shall remain on the property, No extensions of the ninety-(90) day period shall be permitted, and no further action by the Code Compliance Board or the City Commission shall be permitted regarding lien reduction, (Ord. No, 90-13,9 15,6-19-90; Ord. No. 97-51, 9 1, 11-18-97; Ord, No, 01-07, ~ 2.1-16-01; Ord, No, 04-042, 9 1, 7-6-04) httn'/lu.71~Tlx/ !lrnlpCT~l f""n.mlnvt/CTat~nr':nT rll1ml,.."\'r~r1r)f1..,,^'(r-nt-......._/_.....--:':' _ 1 r ... _ " ,\.J \.\-~'r \::. ,x. \"\\ a I \' \v Meeting Minutes Code Compliance Board Boynton Beach, Florida September 17, 2008 Scott Blasie, Code Compliance Administrator, explained there was a fine accruing; however, the Respondent could return for a reduction. The Respondent explained the Building Department told him there was an actual lien on the property. Chair Costantino explained the lien was not certified. I Mr. Blasie requested the Board hear Case #07-2415 next. There were no objections I from the members. Attorney Tolces administered the oath to,Mr. Blasie. Case # 07-2415 US Bank National Assoc. TR 131 NE 5th Avenue Mr. Blasie presented the case and reviewed the details of the violation. The case was originally cited August 7, 2008 for a roof replacement. The case was heard December 19, 2007 and no one appeared. The compliance date and fine established was December 29,2007, or incur a fine of $100 per day, Compliance was documented on August 1, 2008. He explained, to his knowledge, the Respondent was working on correcting the violation the entire time. In addition to the roof, there were other upgrades made. He was delayed because there was a water heater and air conditioning unit that needed to be permitted. He had photographs he distributed dated September 15,2008. (Mr. LaTour left the dais at 8:20 p.rn.) Doug Hauck, 120 Marlin Drive, Ocean Ridge, the property owner as of July 28, 2008, was present. He explained they spent a lot of money on the property for the roof, sprinkler pump, and central air and water heater replacement. He contracted the property in June and it took approximately two to three months for the bank to make the transfer. During that time, there was a lot of water damage. The ceiling caved in. and they were vandalized. (Mr, La Tour returned to the dais at 8:23 p.m.) Motion Based on testimony and evidence presented in Case #07-2415, and having been advised that the Respondent has complied with all lien reduction procedures set forth in section 2-84 through 2-89 of the City of Boynton Beach Code of Ordinances, Mr. Himmelbaum moved that this Board reduce the fines instituted in Case #07-2415, by virtue of this Board's Order of December 19, 2007, to an amount of $3,826, including administrative costs. Mr. Karageorge seconded the motion that unanimously passed. Mr. Blasie explained the appeal procedures, should Mr. Hauck want to appeal the determination. Mr. Himmelbaum expressed the City was appreciative of his efforts in improving the property for the community. , " 11 Boynton Beach City Commissioners c/o Scott Blasie, Director Boynton Beach Code Compliance Boynton Beach Police Department 100 E. Boynton Beach Blvd Boynton Beach. Florida 33435 Friday, September 19, 2008 Dear City Commissioners, I respectfully request the City Commissioners reconsider the reduction of the Code Compliance Board by further reducing the $3,826 fine levied for my property at 131 NE 5th Ave, Boynton Beach FL 33435 to just the full administrative costs of $826.18 I purchased this property on July 29th 2008. The property had a $1 OO/day fine running since December 29, 2007, I first contacted Mr. Scott Blasie about the fines, prior to making any offers on the property, I had been through the process a few years ago, and asked Mr. Blasie had anything changed. With cities struggling for money, the climate much different, could I expect a slight or a complete reduction? Mr. Blasie assured me if I did a quick, complete and demonstrably noticeable job, I would most likely only have to pay the administrative fines. and the entire fine portion would be dropped, but he made no promises The $1 OO/day fine was for the roof only. The final inspection on the roof was completed July 31 Sl 2008. I set up the job prior to closing, the contractor completed the job in one day, quick and complete. For a lien reduction, property must pass additional inspections in and outside the home. Due to the roof leak, the entire inside was gutted. We filled an entire dumpster with trash from the yard alone Fill dirt was brought in to fill the holes in the yard, evidence of vandalism, broken locks & windows, just to name a few These conditions took approximately 6 weeks to cure Permits for Water Heater change-out, Air Conditioning change out. sprinkler pump change out, and the roof were applied for and finalized I had the yard landscaped with 4 coconut trees, 48 shrubs plants, 12 hibiscus, 3 pallets of sod, and mulch The Bank had owned the property for over a year, and never responded, maintained, or secured the property during that time, I cured the property immediately, and reconditioned the entire home in 6 weeks The Board personally thanked me for the wonderful job that was done. The Board's logic was to fine me $1 OO/day from the date of purchase to the day the property passed all additional inspections, even thought the property came into Code Compliance 2 days after my purchase by completely re-roofing the property. There were no citation, or fines prescribed, for the additional rehab work which was done for the home. This rehab work was "over and beyond" the property violations. The roof was completed in 2 days, including the City final inspection There are many properties just like this in our Community. I am bidding on other Bank Owned homes in the area. Our elected Officials should reward individuals who risk money and time. In "v. /' this housing market, for fixing up the worst of the worst houses on the street. I hope the City Commissioners help make our community a better place to live by doing this. Our Community and our housing market need all the help possible, Our elected Officials should send a message of help, I request the fine be reduced to the full administrative costs of $826.18, The mission statement for Code Control is to "Maintain and improve the quality of life for our citizens through fair, equal and result oriented enforcement of our Code of Ordinances." The quality of life has been restored for the neighbors on NE 5th Avenue, a direct result of Code enforcement. I am asking for fair and equal treatment in terms of the fine, I did not neglect the property; I cured the problems in days, problems that have existed for months, but not under my watch, Please do not fine me for the Bank's neglect. I request the fine be reduced to the full administrative costs of $826,18 Thank you for your time and consideration of this matter. ~~ Douglas Hauck Lic. Real Estate Agent Highlight Real Estate, Inc 562 East Woolbright Road, #202 Boynton Beach, FL 33435 561,364,1400 For 131 NE 5th Ave Boynton Beach FL 33435 ,/"" ~':J ( /h :/ / , :1 " II 7/ _ ,......... ,,1- ~ \\ ~', ~ \\;\,"X 3 . i .J ': ' '~~j:. 'I . - .- f .'1 ~ii;'j";' ~Iil,~)j"~,,!,, "'~"~i '''" J fr'*' " - ~ i~~~~~>' ;~il' ~ <( ~1 N , . en 0 00 0 0 N ........... lJ1 ~ ........... .. --'..... en , I 0 '~._. .... ~ 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 City Clerk's Office Meeting Dates in to City Clerk's Office o August 19, 2008 August 4,2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) ('j) o September 18,2008 September 2, 2008 (Noon) ~ November 18,2008 November 3, 2008 (Noon)g ~::; =1:< 0 ""<'(I!t o October 7, 2008 o December 2, 2008 n September 15,2008 (Noon) November 17, 2008 (Noo~ n'" (,.) r-1Xl rrlO 0 ::IlJ ~-< 0 0 > .Z AnnouncementslPresentations City Manager's Report C/)~ ::I: I NATURE OF 0 Administrative 0 New Business '!? AGENDA ITEM 0 Consent Agenda 0 Legal en en 0 Code Compliance & Legal Settlements 0 Unfinished Business ':r ~ Public Hearing 0 RECOMMENDATION: Please place this request on the November 18, 2008 City Commission Agenda under Public Hearing, The Planning and Development Board on October 28, 2008, reconnnended that the request be approved, For further details pertaining to this request, see attached Department Memorandum No, 08-073, EXPLANATION: PROJECT: Casa del Mar (SPTE 08-009) AGENT: Lauren Lending of Siegel, Lipman, Dunay, Shepard, and Miskel, LLP OWNERS: Ocean Boulevard Properties, LLC LOCATION: 2632 North Federal Highway DESCRIPTION: Request for a second one (1) year time extension of the site plan (NWSP 06-015) and Height Exception (HTEX 06-007) approved on July 18, 2006, thereby extending site plan and height exception approval from July 18, 2008 to July 18, 2009, PROGRAM IMP ACT: N/A FISCAL IMPACT: NIA ALTERNATIVES: N/A ~ Development Depa City Manager's Signature Assistant to City Manager ~ Planning and Zonin ector City Attorney / Finance S:IPlanning\SHARED\ WPIPROJECT Casa del Mar\SPTE 08-009\Agenda Item Request Casa del Mar SPTE 08-009 11-18-08,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-073 TO: Chair and Members Planning & Developwent Boara THRU: Michael RumPf~jl.../ Director of Planning and Zoning FROM: Ed Breese ~ , Principal Planner DATE: October 7, 2008 PROJECT: Casa del Mar (SPTE 08-009) REQUEST: Site Plan Time Extension --. -.- PROJECT DESCRIPTION Property Owner: Ocean Boulevard Properties, LLC Applicant I Agent: Lauren Lending of Siegel, Lipman, Dunay, Shepard, & Miskel, LLP Location: 2632 North Federal Highway (see Location Map - Exhibit "A") Existing Land Use: Special High Density Residential (SHDR - 20 du/ac) Existing Zoning: Infill Planned Unit Development (IPUD - 20 du/ac) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Uses: 42 fee-simple townhouse units and 40 multi-family (condominium) dwelling units (19.95 dwelling units/acre) Acreage: 4.11 acres (179,130 square feet) Adjacent Uses: North: Property designated Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD), approved for 30 townhomes and 40 condominiums at a density of 19.94 dwelling units per acre (under construction Peninsula at Boynton Beach project); South: Right-oF-way for Dimick Road, and farther south at the intersection with Federal Highway, a vacant parcel designated Local Retail Commercial (LRC) and zoned Community Commercial (C-3), and several single-family residences on the south side of Dimick Road that are designated Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA); Page 2 Memorandum No, PZ 08-073 Casa del Mar SPTE 08-009 East: The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right- of-way for Lake Drive, and single-family residences on the east side of Lake Drive that are designated Low Density Residential (LDR) and zoned Single-Family Residential (R-1AA); and, West: Right-of-way for Federal Highway, and FEC Railroad, then farther west across Federal Highway, the Crossings PUD designated High Density Residential (HDR) and zoned Planned Unit Development (PUD). BACKGROUND Ms. Lauren Lending, agent for Ocean Boulevard Properties, LLC (property owner), is requesting a second one (l)-year site plan time extension for the Casa del Mar Site Plan Development Order (NWSP 06-015) and Height Exception (HTEX 06-007), which were approved by the City Commission on July 18, 2006. The site plan and associated height exception approval are valid for one (1) year from the date of approval. The first one (1) year time extension was approved at the September 4, 2007 Commission meeting. If this request for a one (l)-year time extension were approved, the expiration date of the approvals, including concurrency certification would be extended to July 18, 2009. The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study Area 1. According to the original site plan staff report, the proposed Casa del Mar project is an Infill Planned Unit Development approved for 42 fee-simple townhouse dwelling units and 40 multi- family (condominium) dwelling units. The project has been approved for the following: a Land Use amendment (LUAR 06-018) from Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LDR) to the Special High Density Residential (SHDR - 20 du/ac) classification; a Rezoning (LUAR 06-018) from Community Commercial (C-3), Multi-Family Residential (R-3), and Single- Family Residential (R-1AA) to Infill Planned Unit Development (IPUD) zoning district; a new Site Plan (NWSP 06-015); a Height Exception (HTEX 06-007); and a previous Site Plan Time Extension (SPTE 07- 009). The 82 units are proposed in one (1) phase on the 4.11-acre site (see Site Plan - Exhibit "B"). The 42 townhouse units are proposed within 11 separate buildings consisting of three (3) to four (4) units each. According to the floor plans, all proposed townhouse buildings are three (3) stories, and each unit includes three (3) bedrooms, three and one-half (3.5) bathrooms, and a two-car garage. The floor plans propose several townhouse models ranging from 2,758 square feet to 2,984 square feet. A four-story, 40 unit condominium building with an under-story parking garage is proposed on the east portion of the .... .1-':.-_"," ____.....~. c.........L,.. &1__... ..._. .1", L-..-n'..... -. .f-_.f--..I _~ .....__ {1 n\ ,..__,.J_ .._i+-,-. ~_..... __,...h II_a. \u",,"' ,lA """I,...,...ii""'r "f ':'UUJC\.;l 1-'1 Uf-ICI lY. L...C\...II IIUVI YVUUIU IIOV'C CI \.V\.UI Vl \.,,~II \.LV} \...VIIUV \....IIII\...;:J, UIIU \.....U\...II UIII\.. VVV\,..IIU \.,..VII.,,:II.,,:I\.. VI two (2) bedrooms, two (2) baths, plus a den. The recreation area would be located at the eastern portion of the development overlooking the Intracoastal Waterway. It would include a swimming pool and a 1,348 square foot clubhouse building with restrooms, a kitchen, multi-use space, and lanai for the use of the residents and their guests. The design of the proposed townhouse buildings and clubhouse will resemble Spanish style architecture with slate roof tiles, wooden outlookers, balconies, trellises, and arched doorways and windows. The condo building will resemble a mixture between a Spanish-Mediterranean style and a modern design, with many of the same features. The exterior walls of the buildings would consist of the following colors: peach, cream, yellow, and white. The height exception approval was for nine (9) feet, to allow for stairwell and elevator shaft roofs on the condominium building. Page 3 Memorandum No, PZ 08-073 Casa del Mar SPTE 08-009 The adjacent property to the north (Peninsula at Boynton Beach) has been similarly rezoned to IPUD and approved for a total of 30 townhomes and 40 condominiums. Both projects require a perimeter landscape buffer along their common property line, which includes the requirement for a six (6) foot masonry wall within each buffer. The Casa del Mar project was approved with a condition of approval which states as follows: "Staff recommends working with your neighbor to the north (Peninsula) to utilize their perimeter wall rather than building one immediately adjacent to it". The completion of the Peninsula project and ultimate construction of the Casa del Mar development should continue the revitalization and redevelopment of a highly visible entrance corridor to the City, ANAL YSIS At the time of site plan approval for the Casa del Mar project, the Land Development Regulations stated that the applicant shall have one (1) year to secure a building permit from the Development Department. This site plan expiration provision has since been revised to allow a total of 18-months to secure a building permit. Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The regulations authorize the City 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 a site plan time extension on July 11, 2008, a week prior to the expiration date of the new site plan (see Exhibit "C") , According to the justification submitted for the previously requested time extension, the applicant listed the following accomplishments as demonstrating their "good faith" efforts in securing a building permit for the project: (1) purchase of the property in January, 2007; (2) obtained a Statewide Programmatic General Permit (SPGP); (3) filed a joint application with the South Florida Water Management District (SFWMD) for a State Environmental Resource Permit (ERP) to allow dredging and filling within the Intracoastal Waterway; (4) filed an amendment to the ERP to include docks; and, (5) responded to SFWMD's request for additional information in March, 2007. The applicant at that time acknowledged that the state review process is lengthy and obtaining permits for this location requires the review of several state agencies. The applicant notes, in the most recent extension request, that they continue to work with SFWMD on receipt of necessary permits and intends to begin the City's permit application process upon receipt of permits from all agencies. The applicant also states that the residential market began to flatten about the time of their site plan approval and that they remain hopeful that market conditions will rebound to coincide with the receipt of their permits, A more formai criterion for evaluating requests tor time extensions IS compliance With (trattlc) concurrency requirements. The Palm Beach County Traffic Division approved the original traffic study for the Casa del Mar project for a total of 82 proposed residential units, based upon a determined that the project is located within the Coastal Residential Exception Area of Palm Beach County. This exempts residential units from traffic concurrency requirements, meeting the Traffic Performance Standards of Palm Beach County, However, since no building permits were to be issued after the build-out date of 2008, the applicant will be required to submit an updated traffic concurrency approval letter from Palm Beach County. As for utilities, records indicate the utility reservation fee is due, Without payment of the reservation fee, the Utilities Department cannot guarantee capacity will be available when the developer is ready to move forward, Page 4 Memorandum No. PZ 08-073 Casa del Mar SPTE 08-009 The site plan time extension is still subject to the original 74 conditions of site plan approval. Lastly, 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 ordinance (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. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a second one (l)-year time extension of the site plan (NWSP 06-015) and height exception (HTEX 06-007) for the Casa del Mar project. If these requests for extension were approved, the expiration, including concurrency certification, would be extended to July 18, 2009. 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 Community Redevelopment Plan toward greater residential uses in this area and economic revitalization. The proposed Casa del Mar project will provide an opportunity for redevelopment in a highly visible entrance corridor to the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If these requests for extension are approved, all outstanding conditions from the original approvals 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\PROJECTS\Casa del Mar\SPTE 08-008\Staff Report,doc . .- -. , .'- ';i <,,~ < 'l'! l'-~'~ . '. ".:,> ~..'.- ..."....",.,...~:~:-. .... "".it'- ~ . i:"':i):t. ;.;;Y ,,.... ~:.lt,~, .I:WC" ,..;;:.~~..:j~.-- --I ;. "/ .,::':~~~, I 1 I, t -I. j r .~ f I <Ia!f!) Ii.. '.i l!l:i1D ~-~.." '~~ - ;,:', -. . ",,0, D - '.. . -'1 ~i ~,L;:~:'- _ ',_;_" '_;:':;~{_,_;~_. . . r::.,1r' ';,~.-.. t "'". ~ , ~ ",iii' ~"". ___no -- """. -- ~! ~.&;: .. . . . XH IBIT B U~~ !~~ ~r' ~~~ lillil n" it- ~;; ~~~~ ;mii ~ , IiI i =====----- II , I - I - -- , ' ---- I i Ii ~ I I 61 III ~ i 1 I i ! t , I II> ~ ~ ~ ~ I ~ Hi ):0 :t: ~ . '!: iil zri\ rn ! < !il~ Casa del Mar LAND. I rn Ii !l ~r '1J -t ~ DESIGN I i - .~ Ii m~ PREPARED FOR LAN CORE NURSERY ...... .. ~ i ~ ~ "<n SOUTH r ):... 1 i z~ CITY OF BOYNTON BEACH, FL ~-"*"~- XHIBI \"- " L I f' Iv\ ,,\ I', D I " \ E F' "~,_ f.1 ~V\ ' ~ I ~ I ~.- i-.-..A .~\, ~ ' ~ --<; I ~_.I; L \_1 LL.. GARY S DUN,''' THE: P:_AZ'" SUITE '3') KENNETH W LIPMAN :'-)61 :.~e:)_;- :5355 TOWN CENTER ROAl: ;" I.~,:V !5611 " BONNIE MISKE:_ BOCA RATON FLORIDA :3 3486 clONATHAN L SHEPARD '^/WV\/ SLDSt./ .-) ,~~ CARL E SIEGEL - SCOTT BACKMAN LI N DA B LYMAN IU' I I v l July 11, 2008 Mike Rumpf, Director Planning & Zoning City of Boynton Beach P,O, Box 310 Boynton Beach, Florida, 33425-0310 RE: Time extension for Casa Del Mar (flProjectfl) Dear Mr, Rumpf: The purpose of this letter is to request a time extension for the approved Casa Del Mar project (NWSP tt 06-015) located on North Federal Highway ("Property"), This project was approved for the development of 82 condominium units on a 4,11 acre parcel in the Infill Planned Unit Development (IPUD) zoning district, This Project was originally approved on July 18, 2006 and subsequently received a one year time extension, This time extension will expire on July 18 2008, We respectfully request an extension of one year to July 18, 2009, When the previous time extension was requested a time line of events and steps to develop the Property was provided to the City of Boynton Beach (flCity"), The Applicant is still in the process of applying for and receiving several South Florida Water Management District (flSFWMD") and Environmental Resource Protection ("ERpfI) permits, The process to dredge and fill submerged lands in order to construct docks typically takes several years, The Applicant intends on completing the permit application process and beginning the process to construct the approved Project. Additionally, the recent downturn in the residential market has also negatively impacted the Project, The Project was approved just as the residential market began to flatten, The Applicant is hopeful that the market will improve by the time that all permits are received for the dock construction, If you have any questions or concerns regardirg this letter, please do not hesitate to contact me at (561) 506-9008, Sincerely, L (\ <:IO..u.rLQ.^,"'-, 'ct-~ ~ u'_\ Lauren Lending '.../ Siegel, Lipman, Dunay, Shepard, & Miskel, LLP EXHIBIT "D" Conditions of Approval Project name: Casa del Mar File number: SPTE 08-009 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension is subject to the original conditions of approval. X II l 'onditions of Approyal ^' I ! ! '-, DEPARTMENTS INCLUDE i REJEC J i ! ! Ii I I .. 'I ') An updated traffic approval letter from Palm Beach County Traffic X I, II Engineering will be required. i II i il I I I, 3, In order to ensure capacity will be available when the developer is ready to X II ,i move forward, the applicant shall pay the utility reservation fee. I i ! ! I I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS i i I Comments: i I ! None X i i ! i ADDITIONAL CITY COMMISSION CONDITIONS i I I I " ! Comments: i I I, i I To be determined, : \ I S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\SPTE 08-009\COAdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Casa del Mar APPLICANT'S AGENT: Lauren Lending - Siegel, Lipman, Dunay, Shepard & Miskel LLP APPLICANT'S ADDRESS: 5355 Town Center Suite 801, Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18,2008 TYPE OF RELIEF SOUGHT: Request for a second one (l)-year site plan time extension for the Casa del Mar Site Plan Development Order (NWSP 06-015) and Height Exception (HTEX 06-007), which were approved by the City Commission on July 18, 2006, extending the expiration date of the approvals, including concurrency certification to July 18, 2009. LOCATION OF PROPERTY: 2632 North 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\Casa del Mar\SPTE 08-009\DO,doc Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 F. Casa del Mar Site Plan Time Extension 1. PROJECT: Casa del Mar (SPTE 08-009) AGENT: Lauren Lending of Siegel, Lipman, Dunay, Shepard, & Miskel, LLP OWNER: Ocean Boulevard Properties, LLC LOCATION: 2632 North Federal Highway DESCRIPTION: Request for a second one (1) year time extension of the site plan (NWSP 06-015) and Height Exception (HTEX 06-007) approved on July 18, 2006, thereby extending site plan and height exception approval from July 18, 2008 to July 18, 2009. Mr, Breese presented the request for a second one-year time extension, The site plan originally approved was for 42 townhomes and 40 condominium units, The height exception approval was for nine feet to cover the areas of the stairwell and elevator shaft roof for the condominium, The applicant was working with the South Florida Water Management District on the permits, Once all the permits are obtained, they will enter the City's permitting process, The applicant will need a new approval letter for their traffic concurrency and also the Utility Reservation Fee was due, If they wanted to guarantee capacity, the payment should be made. Staff recommended approval of the request for the one-year time extension, subject to the original 74 conditions of approval. Bonnie Miskel, Esq" Agent for the applicant explained similar to the prior request, the project came in at the very end of the building boom and was suffering due to it. She obtained approval on the site plan for the property to the north, which was phasing the project. Unfortunately, the lender refused to extend the commitment they had previously. This developer was working to obtain permits for the project which was an upscale development and was pursuing the water portion of the project and pursuing the required permits. The applicant had no objections to staffs recommendations and conditions, Chair Jaskiewicz opened the public hearing, No one came forward, and the public hearing was closed, Mr, Saberson inquired about the property being in the Coastal Residential Exception 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 area of the County, which exempts them from concurrency. He explained staff indicated they needed to obtain concurrency. Mr. Breese explained because there was a 2008 build-out date on the letter, the County needed to recertify the project to capture the trips and keep their traffic model updated. It would keep the County's traffic model current. Mr. Lis inquired what was occurring with the County regarding their renewals. Ms: Miskel was aware they were re-evaluating their traffic model. They realized they overstated their traffic on the road. They made adjustments to it and there is actually less traffic on the road than they previously reported. They had discussed making other adjustments to the model so the applicants did not have to come back just to advise their projects were still in the pipeline. Chair Jaskiewicz inquired about the water management and environmental resource permits. She asked if that was still in the process. Ms. Miskel responded her client has another consultant handling that, and who had been working through the conditions that were previously submitted to them by the district. Ms. Miskel agreed to the three conditions of approval. Motion Mr. Lis moved approval subject to staff's conditions. Mr. Saberson seconded the motion that unanimously passed. 8. Other Chair Jaskiewicz had requested the Board discuss the meeting dates for November and December, which were November 25, 2008 and December 23, 2008. She inquired if the members had any suggestions for the dates. The meeting dates did not affect staff. Mr. Breese indicated Mathew Barnes called to say he would not be able to make the meeting and would be unable to make the November 25, 2008 meeting. Chair Jaskiewicz polled the members for both the November and December meetings. While some members were not available, at each meeting there were enough members for a quorum to be present. Accordingly, the meeting dates would remain as November 25, 2008 and December 23,2008. Mr. Breese reminded the members that Advisory Board Application forms were due on Friday. It was noted this also pertained to Alternates of individuals whose terms would expire in December. 9. Comments by members Chair Jaskiewicz thanked the Board for carrying on so well in her absence last month. 14 VIII.-PUBLIC HEARING CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 19,2008 August 4, 2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18, 2008 (Noon) D November 5, 2008 October 20,2008 (Noon) C.':jI D September 18,2008 September 2, 2008 (Noon) ~ November 18,2008 November 3, 2008 (Noo~ ~=:4 -.-<: 0 -1: D October 7, 2008 D December 2, 2008 November 17, 2008 (N~ ..,q!!j September 15, 2008 (Noon) ~.." (..) r-Q1I 0 T"110 ::llil-< D D :Da :::J5z: Announcements/Presentations City Manager's Report U') .-4 :x Cl NATURE OF D Administrative D New Business \.0 0% .. I AGENDA ITEM D Consent Agenda D Legal en en D Code Compliance & Legal Settlements D Unfmished Business :c ~ Public Hearing D RECOMMENDATION: Please place this request on the November 18, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on October 28, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-086. EXPLANATION: PROJECT: Sparkle Clean Car Wash (COUS 08-006) AGENT: Jason S. Mankoff of Weiner, Aronson & Mankoff, P.A. OWNERS: Boynton Beach Car Wash, LLC LOCATION: 3008 South Congress Avenue East side of Congress Avenue, approximately 275 feet north ofSW 30th Avenue DESCRIPTION: Request to add automobile detailing service to a previously approved 4,880 square foot, fully automated carwash facility (COUS 05-004), located on a 0.88 acre parcel zoned M- 1 Light Industrial. PROGRAM IMP ACT: FISCAL IMP ACT: ') ALTERNATIVES: U ,/) ~Uktt'AI e ~ City Manager's Signa e Assistant to City Manager W,- Planning and Zonin rector City Attorney / Finance S :\Planning\SHARED\ WP\PROJECT pido Rabbit\Sparkle Clean COUS 08-006\Agenda Item Request Sparkle Clean Car Wash COUS 08-00511-18- 08.doc S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-086 TO: Chair and Members Planning & Developrfi'ent Board ,. : ',; 1 ~,_/ THRU: Michael Rump(-)-" Director of Planning and Zoning FROM: Ed Breese h~ Principal Planner .' DATE: October 3, 2008 PROJECT: Sparkle Clean Carwash / COUS 08-006 REQUEST: Conditional Use request to add automobile detailing services to previously approved 4,880 square foot fully automated carwash facility (COUS 05- 004), located at 3008 South Congress Avenue, in the (M-i) Light Industrial zoning district. _._._..----~-_._- PROJECT DESCRIPTION Property Owner: Boynton Beach Car Wash, LLC Applicant: Boynton Beach Car Wash, LLC Agent: Mr. Jason Mankoff of Weiner, Aronson & Mankoff, P.A. Location: 3008 South Congress Avenue, east side approximately 275 feet north of SW 30th Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Industrial (1) / Light Industrial (M-i) Proposed Land Use/Zoning: No change proposed Proposed Use: Addition of automobile detailing services to previously approved 4,880 square foot fully automated carwash facility Acreage: 0.88-acres Adjacent Uses: North: Undeveloped industrial property zoned Industrial (M-i), then farther north is right-of-'Nay for the L\NDD L-28 canal, and farther north is a residential subdivision (Golfview Harbour); South: Safe & Secure Storage zoned Industrial (M-i), then farther south is right-of- Sparkle Clean Carwash - COUS 08-006 Page 2 Memorandum No. PZ 08-086 way for Southwest 30th Avenue, and farther south is developed industrial property (Tire Kingdom), zoned Industrial (M-l); East: Developed industrial property (office / warehouses), zoned Industrial (M-l); and West: Right-of-way for Congress Avenue, then farther west is commercial property (Manor Care ACLF), zoned Community Commercial (C-3). BACKGROUND Mr. Jason Mankoff, agent, is seeking Conditional Use approval to allow automobile detailing services to the previously approved 4,880 square foot fully automated carwash facility. The City Commission approved Rapido Rabbit Carwash, now known as Sparkle Clean Carwash, on February 21, 2006, after considerable review of the mechanical equipment for compliance with the City's noise ordinance. Before receiving certificate of occupancy, the City conducted a sound survey and found the operation to be in compliance. One of the conditions of the Conditional Use approval (COA #28) stated "The applicant has agreed there will be nothing other than automated or self-service features as part of this Conditional Use application. Any future requests for other services (wax, upholstery cleaning, etc.) would require a new Conditional Use review/approval." The agent states that the owner now desires to add two services, Express Wax and Full Detail Service. The Express Wax consists of the application of a spray wax, which is then toweled off, vacuuming, cleaning of the dashboard and windows, and the floor mats are shampooed. According to the applicant, the express service takes approximately 15 minutes. The Full Detail Service will entail hand waxing and buffing of the vehicle, along with the above-mentioned services, plus a full shampoo of the floor mats, carpet and upholstery. Based upon information submitted, the full service takes between 45 minutes and an hour. The applicant intends to provide these additional services underneath a 50 foot by 18 foot canopy within the existing vacuum station area of the parking lot, on the east side of the carwash tunnel. STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant. conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined _~_.~____ ~~ l.1 _ _J.___L"___ _~ LL_ _.___._.____I~___ _____ ___I J...L_ _~J...~_____, _____ _I ____I..c_ _ J IleLe~~dry fur L1le jJrULeLLlUl1 UI L1le ~urruullulllY dred dllU L1le L1L1Lell~ yellerdl Welldre, or uE:ny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Sparkle Clear. CarW2sn :~OUS CiS-ODE; Page 3 Ivlemorandum No PZ Uo-086 No changes to the ingress or egress patterns are necessitated by the inclusion of auromobile detaJ/ing services. According to the approved site plan there are two (2) points of ingress/egres"S to the carwash site. The first point of ingress/egress is located 017 Congress A venue and is shared with the parcel to the north at the northwest comer of the property. The second ingress/egress fJomt !~S- from a driveway off of SW 3dh Avenue, running in a north/south direction and connecting to the east/west drive off of Congress Avenue. This second drive is the shared ingress/egress point for the Safe & Secure Storage site immediately south of the carwash. These access points adequately address the needs of typical vehicular circulation as well as that of emergency vehicles and sanitation equipment. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The approved site plan depicts 18 regular parking spaces and 1 handicap parking space. Each parking space has an accessible vacuum cleaner that is shared with the adjacent space. Other than the parking spaces for the two employees anticipated at the time of the original approva~ it would appear the main purpose for the parking spaces is for the vacuuming out of the vehicle interiors by the owner of the vehicle. With the inclusion of automobile detailing services, the applicant anticipates the addition of one to three new employees, for a total of three to five individuals to operate the carwash and detailing operations. The proposed canopy covered detailing area appears to encompass three additional parking spaces and two vacuum stations. Staff recommends that all parking occur within approved parking spaces, including employee parking/ with no parking allowed in vehicular circulation areas or 017 landscape areas. The parking area is landscaped on all four sides to minimize noise and also glare from the headlights of patron s cars. The area around the wash tunnel openings have been enhanced with additional landscaping at varying heights to provide a dense vegetative barrier not only to the inner workings of the carwash itselt but to screen the vehicle stacking and parking area where the automobile detailing services would occur. Also, a second landscape buffer was installed on the north side of the entrance/exit drive off of Congress A venue to increase the visual and sound barrier for the neighborhood to the north. It is not anticipated that there would be any additional glare or noise impacts associate with the detailing services, above and beyond those already occurring 017 the site. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The dumpster location is situated near the northeast comer of the site, a minimum of 200 feet from the residential properties to the north and oriented in an east-northeast direction. The dumpster is screened with enclosure walls and landscape, and WIll not be affected by the inclusion of the ddd/t/UllcJ! Set vices. 4. Utilities, with reference to locations, availability, and compatibility. No additional impact is anticipated with the inclusion of automobile detailing services. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The existing landscape buffers contain Live Oak, Pigeon Plum, Gumbo Limbo and Green Buttonwood trees, Sabal and Montgomery palms and a row of Redtip Cocoplum hedges. The automobile detailing Sparkle Clean Carwash - COUS 08-006 Page 4 Memorandum No. PZ 08-086 services are proposed in the parking area on the east side of the carwash tunnel, near the south end of the site, and likely will not be visible from Congress Avenue, due to the building obstructing views, and should also be obscured from the north by the landscape buffer. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. No additional signage is anticipated with the addition of automobile detailing services to the site. 7. Required setbacks and other open spaces. The proposed automobile detailing services area would be located under a 50 foot by 18 foot canopy near the south east side of the site, approximately 19 feet from the south property line abutting Safe and Secure Storage and approximately 100 feet from Congress A venue, with intervening building and landscaping. The canopy structure would comply with all minimum setbacks, as well as be over 350 feet from any residential property to the north, again, with intervening landscaping. 8. General compatibility with adjacent property and other property in the zoning district. The carwash was deemed to be compatible with the other uses within the M-1 zoning district and with the residential properties to the north through appropriate sound studies and landscape buffering, when approved in 2006. The addition of the automobile detailing services should not have external impacts above those associated with the existing operation. Again, in order to ensure the proposed operation of the detailing service is complementary to the existing business and does not adversely impact the site or adjacent businesses, staff recommends that all parking, including that required for employees, occur within approved parking spaces, with no parking allowed in vehicular circulation areas or on landscape areas. Staff also recommends that the detailing service component be restricted to the same hours of operation as the carwash itself, in conformance with original Condition of Approval #35, which restricted the hours of operation from dawn to dusk, however, in no instance shall the carwash be open later than 7 P.M. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable building height in the M-1 zoning district is 45 feet. The proposed automobile detailing services area will have no adverse impact on surrounding properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. There should be no adverse effects on adjacent or nearby properties as a result of the proposed additional component to the carwash services. 11. Conformance to the standards and requirements, which appiy to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). Sparkle Clear, Carwasl- - CO US Oe-006 Page ~. Memorandum No pz. OS-uS;: With incorporation of staff comments, the proposed project would comply with all requirements applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein the proposed project should operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the analysis and findings contained herein/ compliance with development regulations/ and consistency with the Comprehensive Plan/ staff recommends that this request for Conditional Use be approved subject to satisfying all conditions of approval as contained in Exhibit "DIf - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Sparkle Clean COUS 08-006\Staff Report.doc Exhibit "All - Site Location Map COUS 08-006 - Spa e Clean Carwash \ 3J ' ~ ' , " i' ;!> .;' 1"~, ' ' ':\ ',.1" N 270 135 0 270 540 810 1,080 W.JSt~E ~....- I Feet JZ~~ S ~ ~ "oos (' '0(,. +:t'."- ~'4';U ~b.l .~ StJ.l: l.~ONGRE5S -----.-.- MilLeR >< 'i A ~/fo:NU~ '1111",,',/", I _.!3!:i1I' .J .., LA,i1[) W .'....'f:A'" PL,A.NNltIG i' .__ , _ C ONSUU" IHe II . _.=cc.:; ______~c~- ~W."2..:'~..1 '~-.'~~17~ 296 f'lneapplo::l Gr ovo \,', u !........ Delroy Beach, Fl 33-4~4 (561 J 272-0082 -- ----- -- .~~lf_t_.-~~;';,.,:~'''-- H ,,;' ,~r " I, h[l-'a~~0jC'::oSi [J!;,'.:icr" cA 40j~ "rt~~~ 01,." Cor Wash BCy'"on...=r"Fl i 4,880lIf .. , I h",,"CIC<.a\ll,fl""d' ! '" "0----.( ~lJr.",t;i'i:.Jl ~ i O'Sro.n, :'Ulle' ''',OJ _ ~..'" I i ~ "- \ 2~Ol I, tu"a..ol ri,,;r-,". iJM!1 to ~Ll i:~~ !)"TUi{Abt q \ D~lrQr bcoe!"" F. 3:.48_ ) 5TOR~ 561/2,6-~t1.! UNDEfl C0161RtI(lID:\ ~ l::ngjn~r I ,~ I tnwoDn'9rl Ii 2~6 Pinooppl. ""Ie '" J icn I, D~lrQy s..~cr,_ i' ~ . ,,~~ :~ 50e6~J,4E:!;.1 PARCEL A i r ." LQndscqp", AI :r~H__ \g . NuT It~CLUDEL' r'-' " G'ont lr>",""",,~~ i~ I 'J2 k S"'Lnl(>,., ~,'~ , ~ . 1:>- ...-.- .-"..'" . .. _ _nL'I~\) lJ.lr~:r E>e~~r, f Jj-~C , lfi, ~::l IZ ~I r- \~i ~.! ..,,---,. ..'--m..,",c'.~-'-----~..:c~ ~ P.c...L1T11~ ,\ 0 '~ " ,-- "." ~;.=:--. "': .:.--"-'=. bf:'._ -----~ r- .._."--~..._-~,"~. ._~- . .. --~- I .' \ I'" ~ ...c i;~":1E-' ---.----:ti; ~ Vl ,- I 0 ,:) ..'1 I f 3: I I I r- It ',- I '- . .'j" I , i .'1' 1 ---. 0 .. ."r- I I . I U "o:':~__..~l,.,!_ ....... I I ,n 'j...,\-" '171.'1 .~ il.D,.7t'"" I ...c 15 ",:,""'.;.. i () I~': i ------~--,c:,_o, ", .1. __L J s: :~ .','" .',' -- ..~, ,', - i-r.'ct,,.,,; i.. ~...;J-'~"' 'J"r'""~~~""-'" tic' 0 0 '------..:::::-, ~;" .W,'] -.. T f- ! Q) , , ~ L ' CO fj ..,.. '.'~ r I .Il:>- J.u_ ,0 ~ -, ;,; ~,j I. C 0 K~_ . '" l! Site Data Notes 0 0 Q) +- D _. Typical Dumpsier Deiail 1) SOl.H().I,RY INFORIoI~ nON ,UIO TOTAl SITE. AALI>. IS B.l.SED ON I>. SlJR'.~;) III r L w I O'ilRIEN,SUlTfRlO'ERlfNOI>.TUlDECIIIIlER6,20Q.4 >- 0 ~ !!~ ... ~H Gli lA' 2) oI.U. PLANS SUSl.lfTEO FOR SPfC(JC PEIWITS il1AU IoIUT 1HE C,TYS COU. '" ,. RfWIREWEHii ~A T 11Ll1 Of APPUC:AllOt! THESE PERM1TS II4ClUO;:, BUT ~J{f 1<:01 0 q r .":'. mTAl.Sm:.w:,I, "7.Bl1.J.(Sf ~ lS .l.CRES UUllm TO, w: fOUC'I/lNG PI>.WJC, DFlllNAGt 0JRaNC. S1[ UGfffiN;;, >-. . ,"'-'v'" ~~/ L[UAL J)[-:;CRIPTJON 0' PRDPDSE:D PARC[L ~C'. CO D lAA.D~GAHOlliRG....nON.PfRr.tITSFl[CllJRfDFROl,lD1liERPERurrrujC.~G.Et~Ci;:S 0 '" Iff It PORTION a' Lor!. LA'o/SDN INDUSTRIAL PAR~' PLAT Nu :: , C' ~1~ SUCHASflOil:lll,l,WARlt.lENTOi"lllN-lSPCRU,llONlfOOT),SOU1HnORIDA,/;ATER J" ACCORDING TO rH[ PLAT TH[RCD,~ AS RCCORDCD IN PLAT , ."', ...,t,I.lAGEWEN1 DISTRICT (Sf'IIWO), lM;f WORTH O!i.QiAGi O~llllC:T (l\ll{)O), flOiiIDI- ~. BOOK 4ti, PAGC~ 118 AND 17!', PUliLlC RCCORDS Dr PAt.H H2~07 - D[PARTI.IfW1 or [NW;[Nl.lEt;Tk, PROTrcnoo (11lEP), PIo.LU eE~CH COOl.lY HfAlT, [>-'-'''''''iJln", DFACH CQUNTY, FLORfDA. DESCRIBeD AS rOLLD'o/S' 03.... ES m D(pAA~T !PSCHO). PM.U BH.01 C(lUtHY ENGUlWlltm OEPMHotfNT (P8CED' Pill.lAf.i.r.~ r.[)JIfT'( )fPAR1\1fNl U ENVlRON...rt<lA' Rl'Sl'lI.RCJ loI..lJolUH,fN/ ~iT;::: 1=' :... r STANDARDS FOR EVALUATING CONDITIONAL USES 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The addition of a covered car waxing area in the parking lot at the existing car wash will not have any effect on the existing ingress and egress of the property or any effect on automobile and pedestrian safety and convenience, traffic flow and control and of access in case of fire or catastrophe. The two existing points of ingress/egress to the carwash will remain as is and continue to adequately address the needs of typical vehicular circulation, as well as that of emergency vehicles and sanitation equipment. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 0.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The addition of a covered car waxing area in the parking lot at the existing car wash will not have a negative effect on the existing off-street parking and loading area nor will it have any negative impact on the adjacent and nearby properties, and the City as a whole. 3. Refuse and service areas, with particular reference to the items in subsection 0.1. and 0.2. above. The addition of a covered car waxing area in the parking lot at the existing car wash will not have any effect on the existing dumpster location. 4. Utilities, with reference to locations, availability, and compatibility. The addition of a covered car waxing area in the parking lot at the existing car wash will not have any effect on the existing utilities. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The addition at a covered car waxmg area m the parking Jot at the existing car wash will not have any effect on the existing landscaping. This area is screened and buffered by the existing landscaping. The covered car waxing area is also in the rear of the property and will not be visible from Congress A venue. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. EXHIBIT C The addition of a covered car waxing area In the parking lot at the eXisting :;,j wash will not have any effect on the existing lighting or signage 7. Required setbacks and other open spaces. The addition of a covered car waxing area in the parking lot at the existing car wash will not change the setbacks or open space. 8. General compatibility with adjacent properties, and other property in the zoning district. The addition of a covered car waxing area in the parking lot at the existing car wash is compatible with the adjacent properties and other property in the zoning district as it is an additional service that many carwashes provide to their customers. Moreover, it will not create any further noise. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. Not applicable. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The addition of a covered car waxing area in the parking lot at the existing car wash will not have any adverse effects on adjacent or nearby properties. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. The addition of a covered car waxing area in the parking lot at the existing car wash does comply with all requirements of applicable sections of the City code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2' also, , conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances. The addition of a covered car waxing area in the parking lot at the existing car wash will be in compliance with the above referenced petformance standards. 13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis: Not Applicable. Page 1 of 1 Breese, Ed From: Jason Mankoff Omankoff@zonelaw.com] Sent: Wednesday, October 01,20084:51 PM To: Breese, Ed Cc: MARK PAULINO; Ashlee Vargo; Bradley@mlpc.net Subject: FW: Carwash Ed, These are the two services which wilf be offered: Express Wax- This package consists of a spray wax that is sprayed on the car then toweled off. Essentially, the car is washed, spray waxed, vacuumed, the dashboard and windows are cleaned and then the mats are shampooed using a "mat machine". The Express Wax takes approximately 15 minutes to complete. Full Detail- This package includes a full shampoo of the mats, rugs and upholstery which is done by a machine as well as hand waxing and buffing. The car is also vacuumed and the dashboard and windows are cleaned. However, this particular package is more costly and is geared towards customers that may have stains on their mats or upholstery, or scratches on the exterior. This service takes approximately 45 minutes to an hour. 10/1/2008 EXHIBIT "D" Conditions of Approval Project name: Sparkle Clean Car Wash File number: caDS 08-006 Reference: , DEPARTMENTS I INCLUDE I REJECT ]1 PUBLIC WORKS- Solid Waste . ...--- Comments: None X I , ! PUBLIC WORKS - Forestry & Grounds , I Comments: None I X PUBLIC WORKS- Traffic I ---~ I I Comments: None i X i I i UTILITIES I \ il I II I i --ll I I ~I Comments: None X i ! i Ii FIRE ii , ---~I I ! I i J: Comments: None X i! ~! I POLICE I .~I I rl Comments: None I X Ii i ... li ,I ENGINEERING DIVISION ~ i I Comments: None i X :1 Ij =11 BUILDING DIVISION I .1; Comments: None X i , ~: [ , PARKS AND RECREATION I ; ! I Comments: None I X i ! I FORESTER/ENVIRONMENT ALIST I :. I , :1 Comments: None X , Conditions of Approval 2 I DEPARTMENTS !INCLUDE I REJECT I I Comments PLANNING AND ZONING I I I 1. Staff recommends that all parking occur within approved parking spaces, X with no parking allowed in vehicular circulation areas or on landscape areas. 2. Staff also recommends that the detailing service component be restricted to X the same hours of operation as the carwash itself, in conformance with original Condition of Approval #35, which restricted the hours of operation from dawn to dusk, however, in no instance shall the carwash be open later than 7 P.M. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I I S:IPlanningISHAREDlWPIPROJECTSIRapido RabbitlSparkle Clean COUS 08-006\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Sparkle Clean Car Wash APPLICANT'S AGENT: Jason Mankoff - Weiner, Aronson & Mankoff, P.A. APPLICANT'S ADDRESS: 10 S.E. 1st Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18, 2008 TYPE OF RELIEF SOUGHT: Request to add automobile detailing services to previously approved 4,880 square foot fully automated carwash facility. LOCATION OF PROPERTY: 3008 S. Congress Avenue, Boynton Beach, FL 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\Rapido Rabbit\Sparkle Clean COUS 08-006\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 Mr. Breese explained Bob Brudzinski, owner of Bru's Room Sports Grill requested to rescind the conditional use for a night club and a major site plan modification for a 775 square foot addition to his restaurant. He requested Conditional Use 05-009 be rescinded and the major site plan modification be modified to remove the performing stage area of the restaurant. Mr. Brudzinski submitted a minor site plan modification showing the proposed improvements, the elimination of the stage area and the addition of a covered seating waiting area at the rear of the building. Staff recommended approval of the request with the understanding the elimination of live entertainment would have a positive effect on surrounding properties. The applicant was present and had no comments. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearing was closed. Chair Jaskiewicz noted there were public comments received when the request was presented; however the comments pertained to the entertainment. She was please to rescind the use and convert it to a seating area. Motion Ms. Grcevic moved to approve the request to rescind the conditional use approval for operation of a nightclub with live entertainment. Mr. Lis seconded the motion that unanimously passed. C. Sparkle Clean Car Wash Conditional Use 1. PROJECT: Sparkle Clean Car Wash (COUS 08-006) AGENT: Jason S. Mankoff of Weiner, Aronson & Mankoff, P.A. OWNER: Boynton Beach Car Wash, LLC LOCATION: 3008 South Congress Avenue East side of Congress Avenue, approximately 275 feet north of SW 30th Avenue DESCRIPTION: Request to add automobile detailing service to a previously approved 4,880 square foot, fully automated carwash facility (COUS 05-004), located on a 0.88 acre parcel zoned M-1 Light Industrial. Mr. Breese explained Mr. Mankoff was seeking conditional use approval for additional services to the pre-existing car wash, which was a full service car wash located at 3008 South Congress Avenue. The site was originally approved as Rapido Rabbit Car Wash, and now known as Sparkle Clean Car Wash. One of the conditions of the original approval was if any additional services were requested by the applicant, that they would 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 need to receive Planning and Development Board approval as well as approval from the City Commission. The agent was looking to add two services. The first was an express wax and the second was a full detail service. The express wax would consist of a spray on application of wax and toweling with vacuuming, cleaning the windows, dashboard and vacuuming the floor mats. This would be about a 15 minute process. The full detail service involved hand wax and buffing services plus the other services named earlier Shampooing the upholstery and carpet would also be included in the service, which was anticipated to add about 45 minutes to one hour to complete. The applicant indicated the addition of the services would add one to three employees to the site, which would bring the total employees to three and five employees on site. Staff was recommending all parking services occur within the designated parking spaces and no parking in any of the circulation areas or on the landscaping. The parking lot where they intend to provide the services was located on the east side of the car wash under a canopy being about 50 feet long by 18 feet wide. It would be about five parking spaces and a couple of vacuum stations. The parking lot is landscaped on all four sides and it should not cause any glare or noise issues above and beyond the carwash mechanical equipment currently used and the vacuum cleaner stations. It should not be visible from Congress Avenue because of the intervening car wash facility and the landscape buffer. The closest residential properties were 350 feet away across the canal. There was also landscaping located there. Staff recommended approval with the conditions that the parking and the hours of the detailing operation coincide with the carwash which was limited in the original condition of approval. Those hours were from dawn to dusk, and in no instances later than 7:00 p.m. Michael Weiner, Esq., was present on behalf of the applicant. He recalled when the original application was reviewed, it received immense scrutiny and many conditions of approval were made. He explained the conditions of approval, in essence, required the owner to be a good neighbor. Mr. Weiner explained the owner recently received a letter from the president of the Hamlet commending his work in the neighborhood and has proven he was a good neighbor. The original staff report indicated if there were other services the owner wanted to provide, he would be able to come back at a later time to seek approval for them. Mr. Weiner explained there were 12 conditions of approval, which were all met. Since the services being added were far less noisy than the vacuum cleaners that have proven to be sufficiently quiet, he requested the Board's approval and then the City Commission's approval. Chair Jaskiewicz inquired if the applicant agreed with the two staff comments. Mr. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 Weiner responded the applicant absolutely agreed with them. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearing was closed. Motion Mr. Poznak moved to approve the request of the applicant subject to the conditions that were enumerated by staff. Mr. lis seconded the motion that unanimously passed. Chair Jaskiewicz announced Commissioner Hay was present. She advised he was a former member of the Board. D. National City Bank New Site Plan 1. PROJECT: National City Bank (NWSP 08-004) AGENT: Duncan Jappy, Interplan, LLC OWNER: 1950 Congress Avenue, LLC LOCATION: 500 N. Congress Avenue DESCRIPTION: Request for new site plan approval for a 5,087 square foot financial institution and related site improvements on a 1 .66-acre parcel zoned C-3 (Community Commercial). Ed Breese explained Duncan Jappy of Interplan, LLC, representing 1950 Congress LLC and National City Bank was requesting new site plan approval for the construction of a 5,087 square foot bank building on out lot 1 at Boynton Village and Town Center located on the northeast corner of Old Boynton Road and Congress Avenue. The out lot was previously approved for Smokey Bones Restaurant; however, the parent company decided not to construct at the site. The site requires 21 parking spaces based on the calculation of one parking space per 250 square feet of building. The site plan requires 35 parking spaces, or in excess of 14 parking spaces. The master developer entered into cross access and cross parking agreements across all the parcels within Boynton Village and Town Center to accommodate overflow parking when necessary. Staff requested the applicant reduce the sod areas on the site in order to reduce the irrigation needed. The applicant submitted a revised landscape plan that showed additional shrubs in an effort to reduce the isolated areas of sod. Staff had concerns that the corner was prominent and wanted a more substantial structure than a traditional bank. The band was designed with more square footing than 7 VIII.-PUBLIC HEARING ITEM 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 City Clerk's Office Meeting Dates in to City Clerk's Office D August 19,2008 August 4,2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 D November 5, 2008 ~ August 18,2008 (Noon) October 20, 2008 (NOO1~ ..... ~-i =i-< D September 18, 2008 ~ November 18, 2008 0 -<is September 2,2008 (Noon) November 3, 2008 (No~ n~ 1(10 D October 7, 2008 D December 2, 2008 W '.....0 September 15, 2008 (Noon) November 17, 2008 (1\Ql) ;;;0-< ~Z :Da CA -i.f :x 0 Oz D Announcements/Presentations D City M~gcr" Roport ~ I NATURE OF D Administrative D New Busmess 0'\. ..." AGENDA ITEM D Consent Agenda D Legal: D Code Compliance & Legal Settlements D Unfmished Business ~ Public Hearing D RECOMMENDATION: Please place this request on the November 18, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on October 28, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-088. EXPLANATION: PROJECT: National City Bank (NWSP 08-004) AGENT: Duncan Jappy, Interplan, LLC OWNERS: 1950 Congress Avenue, LLC LOCATION: 500 North Congress Avenue DESCRIPTION: Request for new site plan approval for a 5,087 square foot [mancial institution and related site improvements on a 1.66 acre parcel zoned C-3 (Community Commercial). PROGRAM IMP ACT: FISCAL IMP ACT: ~dh~:;~re ALTERNATIVES: Development Dep Assistant to City Manager ~./ .A-~J. '7 L/ Planning and Zoning ~ctor City Attorney / Finance S:\Planning\sHARED\WP\PROJECTS'Ii?oynton Village-Boynton Town Center 1 lOut Parce1slNational City\Agenda Item Request National City Bank NWSP 08-004 ll-18-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-088 STAFF REPORT TO: Chair and Members of the Planning and Development Board and City Commission-, -- I THRU: Michael Rumptt L '-- Planning and Zoning Director FROM: Ed Breese u8) Principal Planner DATE: October 6, 2008 PROJECT NAME/NO: National City Bank j NWSP 08-004 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: 1950 Congress Avenue, LLC Applicant: Duncan Jappy of Interplan, LLC. Location: Northeast corner of Old Boynton Road and Congress Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Local Retail Commercial (LRC)jCommunity Commercial (C-3) Proposed Land Use/Zoning: No change Proposed Use: Request new site plan approval to construct a 5,087 square foot bank and related site improvements on Outlot #1 of the approved Boynton Town Center project Acreage: 72,330 square feet (1.66-acres) Arli~rpnt IIc;pc;. ---1- ----- ----- North: RBC Bank on Outlot #2 of Boynton Town Center with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); South: Right-of-way for Old Boynton Road, farther south developed commercial (Oakwood Square) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); East: Target and Best Buy stores with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); and Staff Report - National City Bank (NWSP 08-004) Memorandum No PZ 08-088 Page 2 West: Right-of-way for Congress Avenue, further west is developed commercial (Longhorn Steakhouse & Hops Restaurant) with a Local Retail Commercial (LRC) land use designation, zoned Community Commercial (C-3); Site Characteristic: According to the survey, the subject site is currently vacant, and approximately 275 feet deep and 260 feet wide. The subject parcel is one of the outlots (Outlot #1) associated with The Boynton Town Center. It is the first parcel along Congress Avenue north of Old Boynton Road, fronting the Target and Best Buy buildings. BACKGROUND Proposal: Duncan Jappy of Interplan, LLC, representing 1950 Congress Avenue, LLC and National City Bank, is requesting site plan approval for the construction of a 5,087 square foot bank building on the 1.66-acre parcel. Outlot #1 is one of four (4) parcels fronting on Congress Avenue with Community Commercial (C-3) zoning as part of the approximately 25-acre Boynton Town center project, located at the NE corner of Congress Avenue and Old Boynton Road. The City Commission approved the overall site plan for Boynton Town Center on September 20, 2005. Outlot #1 was originally approved for a 6,436 square foot Smokey Bones restaurant. The parent company of Smokey Bones decided to pull back on its corporate expansion plans, and determined it would not build at this particular location. The other businesses in operation on the remaining three outlots include Red Lobster, RBC Centura Bank, and Polio Campero. ANALYSIS Concurrency: Traffic: A traffic statement for the entire Boynton Town Center and Village project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. In a response dated February 1, 2005, Palm Beach County Traffic Division determined that the project met the Traffic Performance Standards, with conditions limiting the number of new PM peak hour external trips that could be generated by any new construction and linking them to required roadway improvements. Therefore, a monitoring matrix has been created between the City and the master developer's traffic engineer to assist in the issuance of building permits for the various phases, to ensure compliance with the overall development order. Additionally, a CRALLS (Constrained Roadway At Lower Level of Service) designation for various roadway linkages was adopted by Palm Beach County, which recognized the difficulty of certain intersection improvements (Le. additional turn lanes for certain turning movements at Old Boynton Road and Congress Avenue), and corresponding mitigating measures. Utilities: Sufficient water, sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The developer has already paid the capacity reservation fee for the entire master development. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Staff Report - National City Bank (NWSP 08-004) Memorandum No PZ 08-088 Page 3 Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The site plan (Sheet C3) shows that two (2) points of ingress/egress are proposed for the bank outlot. One driveway opening would occur at the southeast corner of the parcel, which would connect with one of the major north/south loop drives within the parking lot for the Boynton Town Center project. A second point of ingress/egress is proposed at the northwest corner of the parcel, and serves as a cross-access drive with Outlot #2 to the north (RBC Centura Bank). Parking Facility: The site plan (Sheet C1) proposes a 5,087 square foot bank building, which would require 21 parking spaces, based upon the standard of one parking space per 250 square feet of building. The site plan depicts 35 parking spaces, including two (2) designated for handicap use. Therefore, there would be 14 excess parking spaces provided. The master developer also entered into cross-access and cross-parking agreements, which provides for overflow parking spread amongst all of the parcels, in times of need. All spaces, excluding the handicap spaces, would be dimensioned 9 feet - six (6) inches in width and 18 feet - six (6) inches in length. All proposed parking stalls, including the size and location of the handicap spaces were reviewed and approved by both the Engineering Division and Building Division. Landscaping: The proposed open space or "pervious" area would be 30,424 square feet or 42.1 % of the total outlot. The master plan for the entire Boynton Town Center project was approved with a 25 foot landscape buffer along the west (Congress Avenue) and a 15 foot landscape buffer along the south (Old Boynton Road) side of the project, that includes Live Oak and Mahogany trees, Royal Palm trees, Cocoplum and Plumbago shrubs, among others. These landscape buffers are the master developer's responsibility for installation and maintenance, along with various other sidewalk and site improvements. Interior landscaping to be performed by the developer of the bank includes the use of city signature trees (Tibouchina Granulosa) at the drive entrances, as well as Live Oak, Geiger and Cassia trees around the building and parking area. The applicant also proposes to plant Medjool Date palms around the outdoor seating area. Staff requested the applicant reduce the amount of sodded areas, in an effort to reduce the irrigation demand. In response, the applicant increased the number of shrubs and groundcover, in an effort to reduce isolated patches of sod, The plans depict the use of Indian Hawthorne and Spider Lily in areas formerly designed with grass, as well as the use of Cocoplum, Ixora and Ligustrum shrubs. Building and Site: The building and site design as proposed would generally meet code requirements when staff comments are incorporated into the permit drawings. Architectural style, building materials and colors for all buildings proposed within Boynton Town Center Staff Report - National City Bank (NWSP 08-004) Memorandum No PZ 08-088 Page 4 were submitted and approved as part of the overall master plan. The National City Bank is designed as a one (i)-story structurer with an elevated tower to provide mass in the architectural design of the buildingr providing for a significant feature at the corner of this very visible intersection. The tower is designed to incorporate architectural features of other towers on the overall siter including windowsr hip roofr outlookers and banding. The elevations (Sheets A4.0 & A4.1) indicate the ridge of the typical hip roof at 24 feet - 10 inches in height and 32 feet in height at the tow err below the maximum of 45 feet allowed in the C-3 zoning district. In an effort to meet staWs desire for a more substantial development directly onr and wrapping around the corn err the bankrs developer angled the bankr with the entrance oriented to the corner. To further the impression of wrapping the building around the cornerr the plan proposes a stone-clad knee wall with aluminum rail atoPr connected to the building and continuing east along the build-to-Iine. Inside the walled-in arear the plans depict a public gazebo structure surrounded by benches and large Medjool Date Palmsr providing substance and mass along the Old Boynton Road frontage. Design: As noted abover architectural style, building materials and colors for all buildings proposed within Boynton Town Center were submitted and approved as part of the overall master plan. The applicant proposes to incorporate design elements from the approved materials and color palette. The elevations show that the hip and gable roofs would be constructed of aluminumr manufactured to look like barrel tiler and "mission red II in color. The building also contains cultured stone elementsr "cedar limestonell in colorr on columns and base around the structure and knee wall. According to the elevations and materials boardr the main body color of the bank would be a cream, with the accent color proposed as beige. The trim color is proposed as an off-white. LastlYr the applicantr like the developers of the outlots before himr contributed the Art in Public Places fees to the master developer (Sembler)r for the major artworks on site (horse statues in both roundabouts). Signage: The master developer created a Sign Program for the entire development. The review of all signage for this project will be based upon the regulations contained within that document. The elevation pages (Sheets A4.0 & A4.1) show the proposed location of the wall signs on the building (northwest and southwest elevationsr centered on the gable roof ends). An additional sign is proposed on the knee wall running along the southwest side of the building. The signs would have the bankrs corporate color, which consist of a greenish channel letter. A key component of the Sign Program for Boynton Town Center is the sharing of monument sign space between tenants of the outlotsr to minimize overall signage for the center. Tenant monument signs are located between outlot parcels, total approximately 40 square feet (5 foot tall X 8 feet in length)r uniform in design and match the architectural characteristic and theme of the other site signage for the total project. In this particular case, National City Bank would share the monument sign space with the tenant of Outlot #2 to the north (RBC Centura Bank), with the lettering on this sign being black on a white background. All site signager as noted earlierr will be subject to the Sign Program for the entire center and actual sign Staft Report - National City Bank (NWSP 08-004) Memorandum No PZ 08-088 Page 5 calculations will be reviewed at time of permit submittal (see Exhibit Conditions of Approval). RECOMMENDATION The Technical Application Review Team (TART) has reviewed this request for new site plan approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\Shared\Wp\Projects\Boynton Village and Town Center\Out Parcels\Natlonal City Bank\Staff Report.doc Exhibit "A" - Site Location Map NWSP 08-004 - National City Bank I \ i I I I I I / ..:_.. ' I I \ I I~ I' i - -- ._ _.. I ,",J; I SMU : "\ 1 -. .l.. I '-::F': -(,:,' lV \ S.ubur-ban- ,. . ..., "'i" ..', .-.:;_:.".::.:'.::.".::::"'. . :..;::::r;: ;,..- --. ... ., ".,.. .,.. '., - : .:' .._.-~T' ,... " I Mixed Use I ..'L2-..'..." - 'I' , - '. . , . . . . - . c'>:>,:' "'~j [~,; ;jf~j,~lC, ,~ I "';"i:~,gtt!\i,;:,,~1~1~; , ..'L:. '.". . _.1,'..,.,.....,.,...,...........>( ~'::.. /> . '- " ... ~~"'e-31lil\i~~.,,,'~" ....;""",~,'%l" hi' J . Uu -,~';,';-_:': ",,; ",,~ ."Ii,:'", ,<',. " . , "'lc.....;'"' ~:;~Li' ~" ~j. . r"u~ .!""1~' -"if, 'J'r,~~."~ ~..~d't4'~ ~:~ ' \~ ....., ':..'...-.r',\, .-.;..<c-.3',;:,.c~.'.....i.,'" ..;U<i.W<', ,>'....::;...'jCl.' 1 ";'y""",""""ftT,;'t~.jl! .' ;;J.';-;~';~m~'l~\\ii1!.~j'''' ""I~': ~. .;.."'..,':. . ., ::.:'.':,.c:11~,:','.....'. '.i .' "':.. ;~;<'''',. .1'1"""''''~';' .<-"'" ."."""'l''':'.'l'''''',"~>>.i''''I''.!l1.;, .i-' ..... ....... ......"..,...-.......'- "i:'.' .. ' C/) - ..'"'''' '.. 1 t:':",... ." i~., ""'" "Ai,~'~ """'"1~ ' . ,'''. " .' ..-_-:'_.t'..,,,.,:r:~?'r,::-,~,~.~~,r<'.~, ,,',', ';:".~,' .:.' en '~,"~~" '~'"".;~~;;,:~\'"..:;omm;, n'1 ~'J~~r~~}?i~~ ' ~~" . .. ..' .: "'..'.' '.:i":, . , , ...., .':c"-'. C1l :-%i.,~r.' '., "",~ .:'."W"~~/;J, .;,~,'J~;;'li'i,,,,,,.~,,..- .. ,"""'?! ~!f\ -. ,.., .',- ,~,,?~;(~~;;,:,,:, ,(. e.,,- -. """1 '., ,.,._""'PH,.....'':., "" ~ ....~ "I "",,1)11 " .' i ..'., .... . .... ... ,... ....... :;;...... 'r ~;;:'jV;~;:-J:,j:':,., ,(vomm1: ,rOla: :, ",)i;!~. ~: ' .. .;,,;:, "'.{- "',.;., '. ..;'.: IP' ::-. '..,.: go ,.N\f,VI',"'~.:.,;",."'~",.,/;',JI.~~..'-"~..""i'''.,'''~~l! I..~';';:~" . ~-".' :"\.'~'-.., '",~;:, to.". :', ~It! ~>~~: c: .,'<~"~;-: '.:\;~' "~}<:<J~>~\~:.:r;~~C;l,;,~ij:~~~ l;.~~~~~,;:lt:~li"~_ "f_ 1,.;,,!"_C:i,"Q(~ijj.i..,}~ ,- ;.;,p,,";., " "iJ:":-:~~~~~1'!;,"'i"~';:;, 1,''''';:~:~,!' ~'lti,">' , 1<::: .i'\\~;:':' . ,'.. .; .: " ",:. '"" ;'~~;~;:ti.~: _?;]:i~;r;~~~~~~~:~!li '~:c'~:.~~. ,,'; "..",~.' .' .~I .'1.. ~:~,ffl~ ii",:, v. ;:.." .'}I' ..,,; .. ~ ..~ it",;:,," lr">'~i' ., ~rr '" -..,''1:,,: "iI ' :"";i5~".;~~'" -" ;'~' :;'h, ':\,;:, :;.r,'~'~ ..: /:~'_. ~,\\ _'~" ,~' "":'-r~.: J ,~it~i:';1~~t :~~ \~~;~~~~:~~~ ~~ ~. ," ~~ Ii .;~ "X',. ~~~ .... .'i'jij II., .;" //,... -' "",..,,......>'\.">..~.~-. ",.. ", .~, ~~\:': '>:.f,"-,\" "':i "'.' .' '",' c,( ',~'(~::;~1t~.'~~~1~~. ~ 7 )~ ..". 1._' ... . '. SITE .",..".,...",.",.'Ci;;.."b;~~'.' . .:.., .'-. "'"-0.;,' .,.- . 0. . -... .:"c"...,mf,1i',.".,,;!!i,.... .... .... ';.'.'.' '.'.. '. !.'...:;,.... ". ::.",: . _. ..,.....: / '.. .... ; .... ;,.:...".'Jd'''.'';.,,''- do- .... '': ,>:', ' ;: '. . ,.: ? . ' , ,'.' ',," '." ". ~;<:. ~~'~" :';;l~:~~:~.~/:~~~i;?;,~.o; 1.~ ""'~ -; :f' ._ ...~ ..' ".;.\>". ..;~..""'I'. >:;,:. ~~.",f3;:;,.i;.~.-..r'::c.;c..,,-.~,~..:..,';...,c:,",,...;t>:1l~,t.,jli.i;:'""; ... ,.. 'AO..... ......:.:= ........ ........-'lI'___..'.b., ,,,.., '.,"itf11.)' ~~~, ~'U ,- _ --c I I "'f;~~:;"C ". I - .~ . :;t~~~1;;~i > I ~ ,- (~- '. m; '. e \ j II \~~ l:j ;3~(ijt, -::;! . I ;'~ \ \ ...'~ 5jil~;~, Q) J ' " ;:ir~~1~~ - .~__J ~ (/'I; .1 A ~ ~ I ~ \ Q> I! }-- ..r: I - 1 CJ f------- ;ii'. r- . - ,"'~,. ".,. ~ .: I " \ /~ "'i.,', ==- ., ' \ / / \ \ -\. <. . d.;::' ;";'~_,.., 1 \ h.. 2:: ..... L,;:;- . ,',." , . \ ./ .,. '.' ..;' ;;,p:,..":;., '. ..:."",;:JlI;,. 1"-': .., ' '" ': ,',>,;,-, "," .";"--""~" '._ "~ . -:_': ;,',' ,-.'", ..1 t:.~, . .,.T::.i'.:':.,::;. ,. .Y:~;, '. "::';':*:\~'4. :'i;: I . . " _'.. ,:.~..~'s,. ... ::.. ;,;:;;;;:' .. .' ..<,..;... . L ,.\_..,..,,,,'~".. :'" :.,~~:'.~, ......u,';":,::. ..::,~ I ''P1''~~;1 ':/ I"" .. ",' -"," "',. ',.,.;'.'!.,.;:... i>....""".... :~,. ,...~/ ;,,:.,.,';~(--"..'_'c;.\';'.'.''-:;..'.\'.''''. _, --.:: 2'",. __ '7 ~ ~~;!.!~.'.' '7.~.' .<. "-",.,.1 ["',:;.,.)',:;", ,!,::"c:., .;~;;;...: . . k':~'i"';:~':{' -".,;f:1 1:"',.;:1';,1;;:,( I ~::,2":':::~";" ~.,.."; ~'e'.';";;i'. P"",:"::.. ,;;:.\.;j't'~~;f~i.'. N 390 195 0 390 780 1,170 , 1'$-E I ", S Lt.' f-'--^-- PlANT lIST - - .,.. - .-, I ffiERPlAN ~ eel CN<Of't 11lEES ~ ,.",. ~ ""', ~I~'w ",,-n:.ti!'fK.1\JRi - ".............. ENGl~iEERl~ I ..;d,OkDE.SIGN ')..O.J~H.~tNi Xi ,. "ft MQ.Jl<I2lJ /1 UNDERSI0Vl'mEES , ,-...&660 uj II i 0 / I 1 '" ------ l.lJlUOCW ftl.iIflDUI! '* Cl<>.>>Ii)O,A.OlDI.D1O '(~t ,\ ~<''>H.i< (lAl:fr1!ftM "wi' 1'tl.tCI1.6CiB:DI ,",ilJOOL DlTE P.o.l~1 FX4Cl.~2'H\24 SIIlIIlS. GROlNl CCM3Q I'; "" WlIJj[CN.. IIIl.i!: ~IWIW1;~ "" ., """~~ "=""\' " ~i .',~~.': {y. q'I1Ql\"A/lP'-''>1 ,>~ J' 0 \t3 Ci) lREf PIANIlNG 0ETAl. NIS ii '. ""./ t fti,7 . .~................ ;;J^~' I =<UW<> ~' 30IJc,..:I....]lif.Sf" ~,~y. . v '~, " GiI.>.IJ(.r"'HCH;"i<c8c_,'w jl1J".....I'^'IlI[. ." <"IN >,6-:JI.,[flhGR0t' ."~'.' >" """~[uU.i'lo I"",,", ,-;f? $" , ~ '-~r 11"01"" "'.T"lJ'<~[i 'I,' .'. ... '/,/ ._-~ ~. <> ~~. ~ ~:/ '1 "'~;/ ~l!.. J'" '1'_;:'< ru ni 8<JTh,Ljj 1~'I't< L:E!Hu ue.lo~ !;.tiT"'.. ,."PttO:8:.Jll>ii: c.<1; ~,,"" Rr~ITRO.IEI,~ W " [;IWJE :,<..'c' X, ~ ~ ~~~~~~E1:: ' ~'.; ",u,<\ ~~ -, J) _,'-"",",',' ..-T "","" ~,'" ef!c.><'I",".,.o,[J ~'J In l,J ''''~ lG "illVEHI-' r~, 1!i.lf."l"'Y'",>D ~,D [.\11''!\ ~";;UilO.lr~'G S,,,,, '" ~[ fll.!..f1T--.B Emq!BfMnjT~ " ~~~I~,i:~t~~.\1 N[, q CD SIfiIIl f'K) GROLtlD CCNER it,"iTR 1 ''''' P[Illa !IN,,,, r'((T _ PlANTtlG DEW. ;~ LI Je'.\2 111l~ 'li..ll'JleG ONI , I PI. ~ . .I lR!.f'i r~l.'o'\D[c . '~T aJ>iTlNuu..r.:; HiD<.f R/(,h'llJill '><ll f'Slle lI~lAfl ,Hr RfQIJlilE" '...'. t I"" "','-llllll)o1 r I- l f' "t ' .. ~ " - ,N..>. . 1 r~~ . \ muo ro ,~ICDl1I1~HlIX:[PROVlorn :~ J....) i 1IlU ~fR ill LlN(.lI! 11[1 ii,uu,",J . '''-'0 "~,-",_~UI'i" 10. L' ',oJ.f..fTH(LSill:'<UI'tU C ~ ->..,"",-:;!,-,. 0 .... 1~ ':J,~r~~'; ~ 1'.[ .- .- ",,1'", ...... U 11,uI1ll-T..T <tl .W, j mrr;o;ISlIN(;o..SlI'[(' 1(()1"-PAUl t5lTYtU"',1 I COL[I!<I\Ji 5>illUlI :rEel!:, >.NO G~OiJNOC(MR PKnllllfD Z fl~l>Hili G>iJr.I)[ llilIB1QR l..oI.NOSClIPf RfOUIRfb!Eti!~ ,~T(~ICJil Rf'4"R[~f~' I fI<f[~IUtlIll.E[ P(R fJRT I~ P_I~G W1rI;( PIW-IIOC~ rOIl,[ ~"".[~; SPA,[ ,:, PlI\l"IDU II1i 8lJIWI'<G iii:1CHI) P(~ 8lJ11D1~G fw.l~r>'!;E ([f[WIlING DIllY( n,"" .~u "'"""""'"""'" CD I.U.THRIN< lREf 0ETAl. NIl TvTI,[ !jO.IIWI.. ,~,-",r""l . ,.a l.f 5OOtrl.CC>>I6Ol6SAVf. ;;ac~P~ ~; 'P:~IO~ IRa, IlHlorIfKD BO'ltiIC>>l8UrCH,FLOllflI, . . . I PI!IJ~ ....0 TIE FIIO<<OS- . ~I~IOOU~ Oi ~ UC& ~ ~ ~@:we I ] F1l!Io.llS WlTI1-< !'fliP ""I"" FROI<OSIU I OURl!IG Wl'Sml.(lI01<, PRIlIICfM &.IlIIIER~ 9WL "" Pl/oC!ll S1' ~Ill ~Il.CIlElBMS ~[lIAIH nED UNTIL P-,<II OCr.uIl(5 ~.0lHf.R1IGftS i BT.l8-IStlfll [~l"IW;lOIl fa PRfYE)./J D<SlRUCflllN Of mas Wllr(~ AAl Oc,IGIIAllJ 10 ~n-ee0ClCl..Mi'i~ i PAO IIlU!<ll w,n. l ....nfi !Il.''''-'''' I <(, F ,. , c, I ~~~HO :~I~~fRlmliS SIWJ. Ill. n,,:r.rw P~I()o1: III COllSHIUCIlON Ilf 101HIic:Ai-t-WSlJiOR TO I'IIOlfCl ll<t: ITIUNK. US< ~ IIINI~'.11I ld.!y I' . ,,~\ l'\H'OSfl'Ol~M~\\6lo D'lG.>l.V....ILiJlSTUl.8NIl111lIlE 1. _IDlS~lCONSISTD'PilUTl::crl\'E'<<OOI;<"P{)',l,rr.Q(l)I..cHGifr PREPNlED.I&RCDJ:f05. i OLD BOYNTON ROAD 1~~i"lr:'"li'8'''OOIlS<~SOllOl'~O 'L;!f.- ,., f(AAI (')INCHE> OIllAllWl fUIj!fll I~ SUH1CIE~1 OO'Ili W ~ 51'-SlE lIilH ~Ol:~~WS~ I \ . '- .... l.l.A'i' fOUR ('J fID Of f'Qsr ~ISIil\.I: I<lCI'I[ TH[ CIllJ<'''O PUSfS sw.u BE , (RIGl-1T-Uf-WA"WIDTl-1V-"IlI<=i) ......L (.J) n..- 8Wa5 TO amtN'> I..a I'l.IO;fIl Nil ClDSOl THO.N fl'J'f (~) fIT! TO lit!: lilllo' lJHIfS'S PllOf'I)';[D P.~INC i IPIil1toPllf\'fNfSllprl.l:( 'L,r~-~'",;vj [~()H WIll, >()I P(ll/rIIT I'GSlS SWU 6( NO I\!RIH(R ~ Sll (0) 6r~\iJP~~i'.~U:"~'_C:"' ,v ffD N'/J!T ~mJl TO IIlU PR01Et:nOtt ~IER O(hll [l,LH Sl:CTlClN 5H"1l OClll.EDIU(;mo.IJHOiWlC(POlYPIlOP1'lDllHfTll)lC(~TtliIJ.l I TllfNAjlIIlTOI!.OTI["'SAN=l~1l l PlllPOSED Cl!AllE>IilOllr;(lIllH:S lOR(lIAlN SIWl BE .....IN'I.INfD lG al<.llE AS SHCJr/IIj ~IPP(lR15 <;/WI , IMU~ '11ll1~ rM (.} INQ;E> Dr I~ EXlSTlHC; oo.oe: I REIIAlN1NPL/.crAMINCf,"UNTP';, ilIIII- 4 lH[ COfllJW:lOl< SlW1 flUO'lf JII(l lIOIl]O.'L IREE P!i()IlCJlO~ ~>() ! MUla< oS ""'LI(I(.; . , CEk(flA!Pl)JIIlNGIli05. O!;OU!?f[DlfrlJ)C<l.-lllNISIlIUION 1l"IGI"'lRijijlt;AU 1 _ 5 PRIl[{Cl'M:IWlR(E!lSSHAlLRaIA!HINPlIQ'.oHDINr..iJllNTIL5l1Ct<t[M, ! ! . /,!,CONSfRI.(I1IlNISCDMl'tflIANIlAU.€OU1PII(NfISI!El.l(M]JfilOM;rJ1: PlNolfpn IlLclWICfI1-<(SrZ[LO I. NOlhlllDIHGllAl[RIIUSlOII.SIIIOUt;[J!J'(lRl!:r.II'OfW!T'son DEPO'>1!5 11001 8O.IL ItlE ROOI il'il S>\OU ~, '! 51'*UlEPlACfII"IIllINTI<<PRIll[(T!'I'[l!AlIRlfRlOf<ES 1'II:l..K.11'O::NJ7,QI~ I'UI<!UllOlfl(()IllW....O[)'JljJ...l n 7 lWlRlERS !li<tlOC 1'UoCEDA! THE fR[r C'JiIOP'l' lIN, O:([PT I.1IJlJ:U.,1I1 t 0CClJRRfD iN lH( NIJ~SfR1' COtIfArNl~ JHE~Rf'l'{{)I;SlRUCTICW/JOlI11(REnLlATa[lTO~[I\Ili;{)flHl IWO; 01 ll{l!! I ORE:sTA!lJ!ilEDCIWI[!Nflllil W<Ol'l DlSl>.HC[ ON D~[ SIOC 01./1 c I'~ (~) E?R~S'~",~6O:Ls>'<'1 I TJ-()~HLr""5IlQl1~ I II - . - - o Pm4~~~ o lREf &l.RRBl 0ETAl. lANDSCAPE PlAN 1'-'10 l'lr"."..,....._ , .. .. t<>mi -.... """"" u __.___ ~ .. --. .-- . J:\N\NationaICityBank\2007.0738\070738A4.0.dwg, Layoutl, 10/6/20083:03:20 PM, JENARS, \\Jupiter\Lexmark Plotroom2, Letter 8 '12 x 11 in, 1:3.42949 EX H I BIT B . . I ~ @@[!]@]@]@]@@J@J@]@J@]@]@] @]@]@JG G B GB EI B B B iri G @ pp ~ nIP n H ~ nn ~ HaU n sa m U USH 23 ~ ~ ~. :~! ~ ~. i d ~ i ~ E d. I : q HI: fH n:n: Ilh is ~ I ~ i..' c ~n · · ~ . I ~ E < . · . 0 ! . "Ig~ .. ~ ~~... -u --< ~ I m 0::1 ~ I P " i w: ~ n q i : i p! q. ~ !.~i I; mj m ~ f~ I ~ i ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ .II~ ~.! ~~.~ ~j;U 8 S? -.. ~ ill; . . ~ . ~ i ,. ~. ~ ".! i!".' = - ". I I ~ . ;; ~"I: ;. ~ "lpl IQ ~ ' · . .~"' i,~" ~ ~ ~ Q ~ B." i ~ -~~ ~ .. I - 11'-1.1/'1' 0; · ,. ~ ~ ~I~~~U ~ ~ ~ ~ ..~ I. - III T ;I~U~ nlnjl~ilj WU!' ~~l~i~lf nl~ n~l~ . . q ~ :.' ~ ~~ t~il ;il 1.li ~ I:l!~: in.n ji~ idi: I Ii ~ ~ I~ iigi~~ ~~~ jh~. :~i~;:~ ':~ ~~~oi 1I!2~~ i ~ i ~ ~i ~~. ~ ~ sd ~ !iH~ h h a.~~ ~ i' ~ ~ i ~~ ~ ~ ~ II" ! i;"" ~;;h ~~ B - - - --1 ~ 1i ~~ f -< , ~ ~ : ;; , + I~ e I ! ... -1 I . - I' o . z @ ,..' ~ 111 ~ Iii I - !:'i 101- t: " ~ 2 ~~ ~ II) I" I ~ - . \I \I \I m. :. "_ -."- If; .It ~..' III "I !!.:: 1lI~. ~ ~ ! !"," ~ 1 ~ h., q ~ '~!~a'~:;~:z ,. ~ ~ ::z s ~~sii:~ j~ 1S):to . ... ? ~ ~ ~~ ~ o ~ iU~H~!,~ i ~ ~ ~ Hatlo.. ...nal . ~ :~!i ~ 2~~'~~~~ ' ~ "" ~ ..", c- o .~;g~.. '@nC..rt.y. .. ,,~~ ['i :t> ~.~~. i ~ ~ .... ... · ~m n 2; NJ,ar,or.aCltYbdni,20C!'.0738/C:C, '381," ~avoutl 'O!6'2Gm .0:: P'i ifl,AP'. X HI B i! 8 ----------. .-.- '~'~mrm":@~ ~r~ri!ii r!l : iQ f "",er ~ f' I""" ~ ~.m~u <$~I~~ ~-'~~lli i ~ ~ ~ m~l~ ~r ~;~~n~ USII!..'I~~l~I~~~ ~.~l~ ~~~~~! .1 II~' : ~ ~; ~~.~U ~i 1.lii I;i~~:. ~ii ,i~ ~ii; i~U:11 Ii ~ < ~; ;;'"H H 0; "s .~~~~; '0 "0 9", ~.5'-1!1 . ~ ~ ~ IH ~~:s~ ~ ~~!. ~ ~':8~ I ii d .~~; '.~!I S, 15 , i -= ~ ~ , ~9~ ~ ~~~~~, i h~s'~ 8' 'i; '. in I ~ - - ~ . - t' I ~?t_~~__i @8 . 4 i 4 G ~ ml:.: H ~I~ .. il~ i ~ ~ ~ I . @I 0 *~*'il ~ ,~ ! I ~ i :;',1 ~;> ~ ~'\I I' \' ~v&_ ._).4 __ C:n"t'f j[::' . ,II@J l%~ ) - ---- -----t"".....--- ["1: ,. c I; [Y" - - i ~ L~i-- I: I:. -~-=---._..--==-=_...~~. - ~~ , ~ i t: , L ~ ~i: ;,; :i~ I . .~ -{\,-& I .. \!I . 'I ~~. m,; :I? ,_ ,., h ~-, . ~ ~ ~ II" ~I" ++ + D " '." 1'2 i ,. "' ~ ~ ~ > .. . 1-", r )> r ;,~ ;E; ~ N.a t i.O., .". a! I~ I ~ ~2.,.;....::l> ,- --' ~"^ ~ C ity I~ ! D'J I- D') - I >< W EXTERIOR FINISHES flNESTONE f'NESTONE fS 10606 fS 10609 . . AlAS TilE CSV 2044 M'SS'ON RED LIMESTONE CEDAR ICl 20YY 74/055 WOODWIND NATIONAL CITY BANK . I City BOYNTON TOWN CENTER INTERPLAN j 500 N. CONGRESS AVENUE ,_ ... _ BOYNTON BEACH, FL INTEf<iOR Dt"5JGtl. PROJFlJ M~,j~SHHtll iHE 'iIE\t:E:'~ ~~~~:~ ~~~:~\~;~I;~~,~~~~:':~ :~EU~~~I~~t ~L~:l~I~;~:~;:~:~(~I~~ ;~~'~~ ~}\rlJ.4.Tiors_ AND DlHEfl~NCt5 IN I'RIMfiiS. "'. EXi\CT COI.0r( tvtAlCH CAI~t~OT 6: ACMIEVfD INTERPLAN NO 2007.0738 . .j . ....uIO~S 01< 'HE eUllDlt-lG ArlO TO THEt. "EHI< Te' THE ':"CilJ,A,\ C.OLOR OR MATERI.l,1 SA.Mi'lfS ~f<avi[>ED 10-03-08 f- ---.. co - T >< UJ EXT~Rlor; F!NISHES , i L.--._ rlriESTOW- f-iufSf0rJl: ,~ ILJ6(}", i-S Jf)'~U'i . II . '.;.. AlAS TIlE CSV 2044 MISSION RED LIMESTONE CEDAr< [_I L I 2(l'tY 7410:.:: ',I./OODWItJC' NiItionaICity NATIONAL CITY BANI< BOYNTON TOWN CENTER INTERPLAN ~] 500 N. CONGRESS AVENUE ~ :-.~ ;c'H;,' BOYNTON BEACH. FL ~1):-'illfr;jj,(E" ~'JGI<fH,II;(,. lIilHhJrI L'tSIGI l:.liF L; 'IH ',;.r. ,'I"_)!,:, "t,I.' Q:-"~l,;. ~< II- i.., r~tt,i)lR ,C "'~ ~ '" 11['. HI: ';':;R~I ;'~.H l,t" ( .. INIERPlAIJ NO 20U70738 r.'- 1003-08 EXHIBIT "C" Conditions of Approval Project name: National City File number: NWSP 08-004 Reference: 2nd review plans identified as a New Site Plan with an October 7, 2008 Planning and Zoning date stamp marking. I DEPARTMENTS 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: 1. Palm Beach County Health Department permits may be required for the water X and sewer systems serving this project (CODE, Section 26-12). 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)) at time of permitting. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 3. At the time of permitting, all projects one-acre or larger shall submit a Notice X of Intent (Nor) to the FDEP for coverage under the NPDES Generic Permit. Copies of the NOr shall be provided to the City of Boynton Beach Department of Public Works/Engineering Division and Utilities Department/Engineering Division. Conditions of Approval :: I 1 INCLUDE I ~==~ 'i DEPARTMENTS REJEl'1 II 4. Provide an engineer's certification on the Drainage Plan as specified in LDK ! X -I -~i Ii Chapter 4, Section 7.F.2. 'I i I[ 5. Full drainage plans, including drainage calculations, in accordance with the I X "1: LDR, Chapter 6, Article IV, Section 5 and Section 10.Z will be required at " the time ofpennitting. I Ii ,1 BUILDING DIVISION I ! ! I' I i :i Comments: 6. Please note that changes or revisions to these plans may generate additional ! X ii comments. Acceptance of these plans during the TART (Technical ' Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 7. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 8. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A) The full name of the project as it appears on the Development Order and the Commission-approved site plan. B) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 9. Pursuant to approval by the City Commission and all other outside X agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. lO. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 91l. ll. Teller stations shall comply with the Florida Building Code, Building for X handicap accessibility. See FBC Section 11-7.2 (2), PARKS AND RECREATION i I Comments: i I l2. Irrigation should have separate bubblers on the trees, separate zones for X I DEPARTMENTS I INCLUDE I REJECT I bedding and grassed areas, have llO% coverage and be low flow conservation. FORESTER/ENVIRONMENT ALIST Comments: 13. The landscape sheet detail should including a line indicating where the X diameter and height of all of the trees will be measured at time of planting and inspection. 14. The landscape sheet detail should include a line indicating where the clear X trunk and height of all of the palm trees will be measured at time of planting and inspection. 15. The applicant should add a note that all utility boxes or structures (not X currently known or shown on the plan) should be screened with Coco plum hedge plants on three sides. PLANNING AND ZONING Comments: 16. Signage must be reviewed concurrent with the Site Plan submittal. Pinal X calculations will be reviewed at time of permit application. 17. It is the applicant's responsibility to ensure that the New Site Plan is X publicly advertised in accordance with Ordinance 04-007. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: l8. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:IPlanningISHARED\WPIPROJECTSIBoynton Village-Boynton Town Center II0ut ParcelslNational CitylCOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: National City APPLICANT'S AGENT: Duncan Jappy - Interplan, LLC APPLICANT'S ADDRESS: 933 Lee Road Suite 120 Orlando, FL 32810 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18, 2008 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 5,087 square foot bank and related site improvements on Outlot #1 of the approved Boynton Town Center project LOCATION OF PROPERTY: 500 N. Congress Avenue Boynton Beach, FL 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\Boynton Village-Boynton Town Center 1\Out Parcels\National City\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 Weiner responded the applicant absolutely agreed with them. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearing was closed. Motion Mr. Poznak moved to approve the request of the applicant subject to the conditions that were enumerated by staff. Mr. Lis seconded the motion that unanimously passed. Chair Jaskiewicz announced Commissioner Hay was present. She advised he was a former member of the Board. D. National City Bank New Site Plan 1. PROJECT: National City Bank (NWSP 08-004) AGENT: Duncan Jappy, Interplan, LLC OWNER: 1950 Congress Avenue, LLC LOCATION: 500 N. Congress Avenue DESCRIPTION: Request for new site plan approval for a 5,087 square foot financial institution and related site improvements on a 1 .66-acre parcel zoned C-3 (Community Commercial). Ed Breese explained Duncan Jappy of Interplan, LLC, representing 1950 Congress LLC and National City Bank was requesting new site plan approval for the construction of a 5,087 square foot bank building on out lot 1 at Boynton Village and Town Center located on the northeast corner of Old Boynton Road and Congress Avenue. The out lot was previously approved for Smokey Bones Restaurant; however, the parent company decided not to construct at the site. The site requires 21 parking spaces based on the calculation of one parking space per 250 square feet of building. The site plan requires 35 parking spaces, or in excess of 14 parking spaces. The master developer entered into cross access and cross parking agreements across all the parcels within Boynton Village and Town Center to accommodate overflow parking when necessary. Staff requested the applicant reduce the sod areas on the site in order to reduce the irrigation needed. The applicant submitted a revised landscape plan that showed additional shrubs in an effort to reduce the isolated areas of sod. Staff had concerns that the corner was prominent and wanted a more substantial structure than a traditional bank. The band was designed with more square footing than 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28,2008 the traditional prototype. They angled the building on the corner with the door aligned with the corner of the intersection. They added a tower feature which was a prominent feature within Boynton Village and Town Center. They added a stone clad knee wall that connected to the building and ran east along the property line. It gave the appearance of the building wrapping around the corner. A gazebo with benches was added and tall Medjool Palms which anchored the building. Staff recommended approval of the request with the conditions listed. Ms. Lis inquired about the overflow parking. Mr. Breese explained the parking for Boynton Village and Town Center was designed for cross access and cross parking agreements. During peak times, the parking for one of the establishments could overflow into the additional segmented parking lots throughout the Center. Mr. Breese explained when Smokey Bones was approved, it had 100 parking spaces. With the bank, they have 35 parking spaces. Staff did not want to see a lot of sod, which was what occurred when they did away with much of the asphalt. Staff recommended the applicant come back with more shrubbery as opposed to sod areas. Duncan Jappy, the agent for National City Bank, had no objections to the staff comments and could comply with all of them. Chair Jaskiewicz noted the master developer was responsible for the perimeter landscaping of the property. Mr. Jappy explained the bank and developer were currently in negotiation about the plan. As to the cost, Mr. Jappy said the improvements would take place either way. Chair Jaskiewicz liked the wall wrapping around the corner and the gazebo and was happy with the submittal. She felt it was an important corner within the City and it was the right project for it. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearing was closed Mr. Lis inquired when the entire development was put together, if they put together reciprocal agreements for the out parcel and master maintenance agreements. Mr. Breese responded they had. The master developer did the majority of their landscaping and it was only the balance of the landscaping for the out parcel that would be done with the construction of the bank. Mr. Lis noted PNC Bank was purchasing National City Bank. Mr. Jappy confirmed that as correct, and advised it would have no impact on the project. All projects that had letters of intent to purchase or lease, that were signed, would proceed. PNC has no presence in Florida and did not intend to enter where they would be unknown. He explained they were assured things would continue as planned. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 Mr. Lis expressed his opinion on the recent Wall Street bailout and bank acquisition. He expressed he had somewhat ambivalent feeling about it, but advised he supported the request and complimented the agent on the design. Motion Mr. Saberson moved for the staff recommendation. Mr. Lis seconded the motion that unanimously passed. Chair Jaskiewicz inquired when they would begin constructing the building. Mr. Jappy responded they planned to submit building plans just after the November 18, 2008 meeting, or as soon thereafter as possible. Mr. Breese also thanked the applicant for working with staff in great detail. He complimented them on their design. E. Palm Cove Site Plan Time Extension 1. PROJECT: Palm Cove (SPTE 08-008) AGENT: Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard, and Miskel, LLP OWNER: Boynton Townhomes, LLC LOCATION: Old Dixie Highway and South Federal Highway approximately one-quarter (1/4) mile north of Gulfstream Boulevard DESCRIPTION: Request for a second one (1) year time extension of the site plan (NWSP 05-031) approved on January 3, 2006, thereby further extending site plan approval from July 3, 2008 to July 3, 2009. Kathleen Zeitler presented the request which pertained to a 7.4 acre property situated between Old Dixie Highway and South Federal Highway one-quarter mile north of Gulfstream Boulevard. The property had Special High Density residential land use and was zoned PUD. The site plan for the project was approved by the City Commission on January 3, 2006 for 121 townhouse units, recreational amenities and related site improvements. The site plan approval was valid for 18 months, giving the applicant one and one-half years to secure building permits for the project. The first time extension was approved on July 3, 2007, extending it to July 3, 2008. Bonnie Miskel, Agent for the applicant was requesting a second one-year time extension to July 3, 2009. The justification letter indicated that due to the downturn in the residential market, the applicant was unable to secure new construction financing or pre-sales of units. The developer was working to secure funding and wanted to research potential alternatives to the approved uses. 9 VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl 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 Ci tv Clerk's Office D August 19,2008 August 4,2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20. 2008 (Noon) D September 18, 2008 September 2, 2008 (Noon) ~ November 18,2008 November 3, 2008 (Noon) @ <::) Cl)::;j D October 7. 2008 D December 2, 2008 CX) ::'i,-( September 15, 2008 (Noon) November 17, 2008 (NO) -<;$; n -I n"T.l c..,) ,.- il'lO D Announcements/Presentations D City Manager's Report <::) ::0-< ~% D Administrative D New Business J> U)~ NATURE OF ::z: 00 AGENDA ITEM D Consent Agenda D Legal \.0 I .. D Code Compliance & Legal Settlements D Unfinished Business (J'1 C1"l ~" ~ Public Hearing D :x: RECOMMENDATION: Please place this request on the November 18, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on October 28, 2008, recommended that the request be approved with the additional condition that within 90 days of Commission approval of the time extension, the applicant installs 1 0' -12' foot tall Cocoanut or Royal Palm trees along Federal Highway with a spacing that does not exceed 20' on center. For further details pertaining to this request, see attached Department Memorandum No. 08-075. EXPLANATION: PROJECT: Palm Cove PUD (tka Miller Road Project) (SPTE 08-008) AGENT: Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard, and Miskel, LLP OWNERS: Boynton Townhomes, LLC LOCATION: Old Dixie Highway and South Federal Highway approximately one-quarter (114) mile north of Gulfstream Boulevard DESCRIPTION: Request for a second one (1) year time extension of the site plan (NWSP 05-031) approved on January 3,2006, thereby further extending site plan approval from July 3, 2008 to July 3,2009. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A AL TERNA TIVES: N/A ) ~ ~( I~ I Development Dep City Manager's Signature Assistant to City Manager ~ Planning and g Director City Attorney / Finance S:\Planning\SHARED\WP\PROJ CTS\Palm Cove (aka Miller Rd Project)\SPTE 08-008\Agenda Item Request PalmCove SPTE 08-008 11-18-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-075 TO: Chair and Members Planning and DeVel;t~ent Board THRU: Michael RumPfW Director of Planning and Zoning FROM: Kathleen Zeitler ltZ- Planner II DATE: October 20, 2008 PROJECT: Palm Cove PUD (fka Miller Road Project) / SPTE 08-008 REQUEST: Site Plan Time Extension -_._'._',~-- PROJECT DESCRIPTION Property Owner: Boynton Townhomes, LLC Applicant / Agent: Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard, and Miskel, LLP Location: Extending between Old Dixie Highway and South Federal Highway approximately one-quarter (1/4) mile north of Gulfstream Boulevard (see Location Map - Exhibit "AIT) Existing Land Use/ Zoning: Special High Density Residential (SHDR) / Planned Unit Development (PUD) Proposed Land Use/Zoning: No change proposed Proposed Use: Townhouses Acreage: 7.4 acres Adjacent Uses: North: Northwest are developed single-family lots located in unincorporated Palm Beach County with a Medium Residential (County MR-S) land use classification i3nd zoned Multi-fi.'lmily Resinenti{ll (County RM). Northeast is undeveloped property approved for 40 condominium units (Baywalk), with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); South: Southwest is partially developed property with a General Commercial (GC) land use classification and zoned General Commercial (C-4). Southeast is a 48 unit townhouse project (Bayfront), with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); East: Right-of-way for Federal Highway, then farther east is a 113 unit townhouse project (Waterside), with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); and Page 2 Palm Cove SPTE 08-008 Memorandum No. PZ 08-075 West: Right-of-way for Old Dixie Highway, then farther west is right-of-way for the Florida East Coast (FEC) railroad. BACKGROUND Ms. Bonnie Miskel, Esq., agent for the property owners, is requesting a second one (l)-year site plan time extension for the Palm Cove New Site Plan Development Order (NWSP 05-031), which was approved by the City Commission on January 3, 2006 (see Exhibit "B"). At the time of site plan approval the regulations allowed a total of one (1) year to secure a building permit following site plan approval; however, the regulations have since been revised to allow an initial 18-month period to secure a building permit. The first site plan time extension (SPTE 07-008) for this project was approved on July 3,2007, which extended site plan approval for one (1) year, from July 3, 2007 to July 3, 2008. If this request for an additional extension were approved, the expiration date of this site plan would be extended to July 3, 2009. The subject property consists of 7.4 acres zoned Planned Unit Development (PUD), extending between Old Dixie Highway and South Federal Highway approximately one-quarter (1/4) mile north of Gulfstream Boulevard, within Planning Area V of the Federal Highway Corridor Community Redevelopment Plan. According to the staff report for the approved site plan (NWSP 05-031), the proposed Palm Cove is a redevelopment project approved for 121 fee-simple townhouse units, recreational amenities, and related site improvements. The 121 units are planned within 25 separate buildings on the 7.4-acre site at a density of 16.34 dwelling units per acre. Each two (2) to three (3)-story building would contain a varying number of dwelling units, ranging from two (2) units to seven (7) units, having eight (8) model types ranging from 1,423 square feet to 2,393 square feet of building area under roof. The site plan proposes a total of 62, two (2)-bedroom units and 59, three (3)-bedroom units. According to the new site plan staff report, the proposed townhouse buildings and clubhouse would resemble a modern Spanish-Mediterranean design with textured stucco finish, decorative shutters, key-stone accents, decorative stucco medallions, and S-tile roof. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, the applicant shall have eighteen (18) months 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 t:1vtClncinn nn '1Ih,., ")nnQ nna (1' rf':1\1 n..in... f-n f-h~ f"\V'....i...~....i^~ ri.....+-_ -~ ~....- ,..a.._ _1_- _,......_.._._11 _I' ..._., _, _v_v, ...,11'- \~J UU7 t-'IIUI \.v \oIl\".. '-^t-'IIU~IVII ucn.~ VI Lilt:: .:lILt:: tJ1011. The agent states in the request submitted that, due to the recent downturn in the residential market, the applicant has not been able to secure new construction financing or pre-sales of units, and the developer is working to obtain financial funding as well as research potential alternatives to the approved uses. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division determined that the proposed residential project is located within the designated Coastal Residential Exception Areas of the county and therefore exempt from concurrency analysis. However, the approved traffic concurrency determination for this project included a restriction that no building permits are to be issued for the project after the build-out year of 2007. The applicant will be required to obtain a revised traffic concurrency determination approval letter with an Page 3 Palm Cove SPTE 08-008 Memorandum No. PZ 08-075 updated build-out date prior to the issuance of any building permit for the project (see Exhibit "(", Conditions of Approval). The site plan time extension is still subject to the original 50 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 ordinance (05-060), this project is exempt, as the new site plan request was filed September 21, 2005 and was under review prior to the adoption of Ordinance 05- 060 on October 5, 2005. A condition of approval imposed by the City Commission for the first site plan time extension (SPTE 07-008) required the applicant to "provide beautification along Federal Highway as an interim improvement to address the unsightly appearance of the property". A site inspection revealed that this condition had not been satisfied. Staff recommended that the property owner satisfy the condition by adding ten (10) to twelve (12)- foot cocoanut or royal palms along the inside of the fence and opaque screening on the fence. The applicant has only planted Pygmy Date Palms, approximately three (3) to four (4) feet tall, along the Federal Highway frontage as an interim improvement. Staff is recommending a more specific condition of approval requiring the applicant to provide additional beautification along Federal Highway (see Exhibit "c" - Conditions of Approval). Lastly, the utilities capacity reservation fee for Palm Cove PUD expired on April 28, 2007. Utilities records indicate the annual utility reservation fee is once again due. The renewal fee, based upon 121 units including the clubhouse is $17,754.66. Without payment of the reservation feet the Utilities Department cannot guarantee capacity will be available when the developer is ready to move forward. Staff recommends a condition of approval requiring the applicant pay the utility reservation fee in order to ensure capacity will be available when project commencement is anticipated (see Exhibit "c" - Conditions of Approval). SUMMARY I RECOMMENDATION Staff recommends approval of this request for a second one (i)-year time extension of the Palm Cove site plan (NWSP 05-031). If this request for extension were approvedt the expiration of this site plan would be extended to July 3, 2009. Staff is generally in favor of the redevelopment efforts represented by the approved site plant which serves to promote the goalS of the Community Redevelopment Agency and the Federal Highway Corridor Redevelopment Plan. The proposed Palm Cove project will proVide an opportunity for redevelopment in a highly visible entrance corridor into 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 from the original 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 "C"). S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\SPTE OS-OOS\Staff Report.doc , Exhibit nAn - Site Location Map Palm Cove R3 '. ''-, , , >, \ \ \\ ,.....__...._._. .n __.___,__", . ----,...-" ........-.. .'.,,'_n_"'__._ __...n__ ",_ ...- - t- ....- ,---.-- - :__._.____._ .,,__,~-'-'---i I \"_______"_""_1 I r-"-'..."" I .....-: ,_~___.,~ _....._ r'NIl;; -..'-- l..+_._ ~-- -_...---- -...---.. -- -~ .-- - . N 0 105 210 420 630 840 w.' I I Feet s ~'i, Hllj\ r SIECEL. ~MA'\!, SHE PA R D '~1 i ~, k DUN.A,) GARY S. DU NAY THE PLAZA. SUITE BO I C~ 6 ,i 36E .;c' KENNETH W. LIPMAN 5355 TOWN CENTER ROAD :;': A>' '56 I \ .36E f::,2 ~7L., BONNIE MISKEL BOCA RATON FLORIDA 33486 WWW.SLDSI'L.",^ COM JONATHAN L. SHEPARD CARL E. SIEGEL - SCOTT BACKMAN LINDA B LYMAN July 2, 2008 Mike Rumpf, Director Planning & Zoning City of Boynton Beach P.O. Box 310 Boynton Beach, Florida, 33425-0310 RE: Time extension for Palm Cove ("Project") Dear Mr. Rumpf: The purpose of this letter is to request a time extension for the approved Palm Cove project (NWSP # 05-031) located on Dixie Highway. This project was originally approved on January 3, 2006. A one year time extension was previously granted by 1:he City Council which will expire July 3, 2008. We respectfully request an extension of one year to July 3, 2009. As you know, the recent downturn in the residential market has dramatically impacted the developer's ability to obtain financing. Unfortunately, the timing of the original approval did not enable the developer to be able to obtain presales. The project was approved just as the residential market began to flatten. Even with a certain percentage of presales, lenders are extremely hesitant to extend financing. Our client will continue to pursue financing opportunities as they become available. We are hopeful that the market will improve thus providing lenders with some comfort to extend loans for residential development. The time extension is necessary for the applicant/developer to continue efforts to obtain financial funding as well as research potential alternatives to the approved uses. In the event an alternate use makes sense, we look forward to working with City staff to develop such use consistent with the character of the neighborhood. If you have any questions or concerns i'E:gardlrlg thi~ leiler, piease do not hesitate to contact me at (561) 237-1524. ~ereIY' , . (i (J7/';,,':/:.;.{/ liv-oLw"/ Bonnie L. Miske!, Esq. ' . - --' Siegel, Lipman, Dunay, -",'~' . '._ ~. _.__..._M______.. - ",~." Shepard, & Miskel, UP JUL 2 ("l""j''',r ~.uut EXHIBIT "e" Conditions of Approval Project name: Palm Cove File number: SPTE 08-008 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The applicant shall pay the utility reservation fee in order to ensure capacity X will be available when project commencement is anticipated. 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 PLANNING AND ZONING Comments: COI1ChtlOl1S of Approval Palm Cove SPTl~ ()S-()()~ Pal.!e 2 I : INCLUDE i --- ..cc"=~-l! I DEPARTMENTS REJEl'j II 2. The site plan time extension shall be subject to all previous Conditions of \': Approval. I ~ Prior to the issuance of any building permit for the project, the applicant shalll-~~ X . -~. I obtain a revised traffic concurrency determination approval letter with an I updated build-out date from Palm Beach County Traffic Engineering. ' 4. As an interim improvement to provide beautification and address the \': unsightly appearance of the property, the applicant shall be required to : provide a continuous opaque screen on the fence fronting Federal Highway : and plant Cocoanut Palms or Royal Palms, lO feet to 12 feet in height upon ! planting, on the inside of the fence. i : : I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I I I I Comments: ....-~-~--~~----4________ ! 5. To further clarify COA #4, the Board recommended that, in addition to the X opaque screening, that the applicant be required to, within 90 days of Commission approval of the time extension, install Cocoanut Palms or Royal Palms, 10 feet to 12 feet in height, along the Federal Highway frontage with i a spacing that does not exceed 20 foot on center. I -1 I I -- . I ADDITIONAL CITY COMMISSION CONDITIONS I I I ----J' I : Comments: ! To be determined. I _Ii S:IPlanningISHAREOIWPIPROJECTSIPalm Cove (aka Miller Rd Project)ISPTE 08-008ICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Palm Cove PUD APPLICANT'S AGENT: Bonnie Miskel of Siegel, Lipman, Dunay, Shepard and Miskel, LLP AGENT'S ADDRESS: 5355 Town Center Rd., Suite 801, Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18, 2008 TYPE OF RELIEF SOUGHT: Request a second one (l)-year site plan time extension from July 3, 2008 to July 3, 2009, for 121 proposed townhouses and related site improvements on 7.4 acres in the PUD zoning district. LOCATION OF PROPERTY: Extending between Old Dixie Highway and South Federal Highway approximately one-quarter (1/4) mile north of Gulfstream Boulevard. 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\Palm Cove (aka Miller Rd Project)\SPTE 08-008\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28,2008 Mr. Lis expressed his opinion on the recent Wall Street bailout and bank acquisition. He expressed he had somewhat ambivalent feeling about it, but advised he supported the request and complimented the agent on the design. Motion Mr. Saberson moved for the staff recommendation. Mr. Lis seconded the motion that unanimously passed. Chair Jaskiewicz inquired when they would begin constructing the building. Mr. Jappy responded they planned to submit building plans just after the November 18, 2008 meeting, or as soon thereafter as possible. Mr. Breese also thanked the applicant for working with staff in great detail. He complimented them on their design. E. Palm Cove Site Plan Time Extension 1. PROJECT: Palm Cove (SPTE 08-008) AGENT: Bonnie Miskel, Esq. of Siegel, Lipman, Dunay Shepard, and Miskel, LLP OWNER: Boynton Townhomes, LLC LOCATION: Old Dixie Highway and South Federal Highway approximately one-quarter (1/4 ) mile north of Gulfstream Boulevard DESCRIPTION: Request for a second one (1) year time extension of the site plan (NWSP 05-031) approved on January 3. 2006, thereby further extending site plan approval from July 3, 2008 to July 3, 2009. Kathleen Zeitler presented the request which pertained to a 7.4 acre property situated between Old Dixie Highway and South Federal Highway one-quarter mile north of Gulfstream Boulevard. The property had Special High Density residential land use and was zoned PUD. The site plan for the project was approved by the City Commission on January 3, 2006 for 121 townhouse units, recreational amenities and related site improvements. The site plan approval was valid for 18 months, giving the applicant one and one-half years to secure building permits for the project. The first time extension was approved on July 3, 2007, extending it to July 3, 2008. Bonnie Miskel, Agent for the applicant was requesting a second one-year time extension to July 3, 2009. The justification letter indicated that due to the downturn in the residential market, the applicant was unable to secure new construction financing or pre-sales of units. The developer was working to secure funding and wanted to research potential alternatives to the approved uses. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 There were no new regulations in place against which to review the project. The traffic concurrency included a restriction that no building permits would be issued for the project after the build-out date of 2007, and the applicant would be required to obtain a new traffic concurrency approval with a new build-out date prior to the issuance of a building permit. The Commission imposed a condition of approval for the first site plan time extension that required the applicant to plant along Federal Highway to improve the appearance of the property. Staff recommended the applicant satisfy the condition by adding 10-12 foot Coconut or Royal Palms on the inside of the fence and opaque screening on the fence which was consistent with plantings for other projects along Federal Highway. The applicant planted a few Pygmy Date Palms approximately three to four feet tall. Staff was recommending a more specific condition of approval requiring the applicant to provide additional plantings in the form of 10 to 12 foot Coconut or Royal Palms and opaque screening on the fence. The Utilities Capacity Reservation fee expired on April 28, 2007 and the annual fee is once again due. The renewal fee was based on 121 units including the clubhouse, and was $17,754.66. Without payment of the fee, the Utilities Department cannot guarantee capacity would be available when the developer was ready to move forward. Staff recommended, as a condition of approval, the applicant pay the fee. Another staff recommendation was that the original conditions of approval would still be satisfactorily addressed during the building permit process. Staff recommended approval of the request to extend expiration of the PUD site plan to July 3, 2009, subject to the conditions stated. Bonnie Miskel, Esq., Agent, for the applicant was present. She explained the applicant applied for the site plan at the end of the building boom, and was slowed down due to their assembling properties. Some of the properties had title issues. She agreed with staff's revised conditions, specific to the additional landscaping, and vegetation on Federal Highway. They would return to the Board if they had to change the plans due to the market conditions, but they hoped the market would change prior to the expiration contained in the staff report. The applicant wanted to maintain the same conditions and the approval that were imposed a few years ago. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearing was closed. Mr. Saberson expressed his disappointment the City Commission requested they undertake beautification and they did not. Now they were back requesting another extension. The staff condition relative to the beautification recommended 10 to 12 Coconut or Royal Palms be planted along the property line. The actual condition did not 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 give a number of Coconut or Royal Palms. It only specified they be 10 to 12 feet high and be planted on the inside of the fence. He wanted to know when it would be done. and if they did not do it would the extension terminated. He did not want to wait another year to find out they did not do anything the City asked them to do. He questioned when the Reservation Fee should be paid. Ms. Zeitler responded the Utilities Department did not want to make that into a time certain condition of approval and wanted it to be a "For Your Information" item. Mr Saberson inquired if City staff was satisfied with saying the applicant would pay it when they got around to it, and if it came down to them starting construction, if the capacity was not there, they would not go forward. Ms. Zeitler indicated the staff report contained the exact wording given by the Utilities Department. Ms. Miskel explained the original condition arose at the City Commission meeting and was not part of a prior staff report. Her client agreed to it. There was not the same level of specificity. Rather, it was something that came from a Commissioner and it did not indicate size or quantity. The applicant did install something. Her understanding of this report was staff wanted greater specificity to which they had no objection. Mr. Saberson inquired if Ms. Miskel had any objection to planting 10 to 12 of the Coconut/Royal Palms at the height recommended by staff in the staff report. Ms. Miskel had no objection. He inquired if they were agreeable to doing so within 90 days or the extension would terminate. Ms. Miskel did not believe her clients would have a problem with that. Chair Jaskiewicz agreed with Mr. Saberson's comments and thought it should be included in the motion. Mr. Poznak requested clarification of the matter. He explained the report indicated how high the vegetation should be, and inquired how many. Ms. Zeitler indicated the report referred to the height. The typical spacing for those trees was one tree per twenty feet. Ms. Zeitler would add the spacing requirement and 90-day requirement. Mr. Lis inquired about the Utilities Capacity Reservation Fee and he indicated it was paid at one time. He inquired why staff would not recommend it be paid now, rather than wait for another time given the budget constraints the City had. He inquired what the fiscal rationale was. Mr. Breese responded this was a reservation fee and it was something the applicant could choose to payor not pay. It only bought capacity. The applicant could pay the full one-time Utility fee at this point as opposed to paying a capacity charge, but the one-time fee was more expensive. It was the applicant's option. Mr. Lis thought it was disjointed that staff would go through the time and effort to review and approve a project that may not have water or sewer capacity because the City does 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 not require the Reservation Fee be paid to guarantee the capacity would be available when they execute the project. Mr. Breese explained they get paid to do the review. If the applicant chooses to let their traffic concurrency lapse and road capacity is not available for them when they are ready to move forward, it was their judgment. Ms. Killian inquired how many times a site plan can be extended. Ms. Zeitler responded the Code did not set a limit. Chair Jaskiewicz also believed the City was being more flexible about these items due to the economic climate. Motion Mr. Saberson moved staff recommendation on the item with the following exception: that approval of the extension request is specifically conditioned upon the applicant, within 90 days from today's date, completing the installation of 10 to 12 foot Coconut or Royal Palms planted 20 feet apart all along the Federal Highway frontage of the property. In the event it is not completed within 90 days from today's date and approved by the City, the extension shall terminate. Ms. Miskel noted the City Commission had to approve it, and prior to City Commission approval, she did not think anyone would want to spend any funds, given today's market. She suggested if the language could be rephrased, they would know it was ultimate approval. Mr. Saberson agreed to the language up to and not exceeding November 18th. Mr. Lis requested confirmation the applicant was supposed to plant the vegetation and did not. Ms. Miskel clarified a condition was imposed by a City Commissioner that did not specify the quantity of the trees. It was only to improve the frontage on Federal Highway. The language was much more specific, and was reasonable. Mr. Saberson acknowledged the condition was ambiguous. Mr. Lis thought it would be a gesture of good faith to plant the vegetation prior to City Commission. Ms. Miskel thought it may be difficult to accomplish. Mr. Lis seconded the motion. He requested Ms. Miskel make the recommendation to her client they plant the vegetation prior to the City Commission. Vote The motion passed unanimously. 12 VIII.-PUBLIC HEARING ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 19,2008 August 4,2008 (Noon) D October 21 , 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 ONoon) D November 5, 2008 October 20, 2008 (Noon) '" 0 n~ D September 18, 2008 September 2,2008 (Noon) ~ November 18,2008 November 3, 2008 (N&Q) --< -; 0 -4[~ n (""')"Tl D October 7, 2008 September 15, 2008 (Noon) D December 2, 2008 November 17, 2008 ~n) jQ) (..,) M <::;) o ~-< ~% D D :x:- u6-i Announcements/Presentations City Manager's Report :x o~ NATURE OF D Administrative D B' ~ . New usmess ~ ......< AGENDA ITEM D Consent Agenda D Legal 0'\ .. '. ; D D Unfinished Business :t: Code Compliance & Legal Settlements ~ Public Hearing D RECOMMENDATION: Please place this request on the November 18, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on October 28, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-083. EXPLANATION: PROJECT: Bru's Room Sports Grill (COUS 08-005) AGENT: Bob Brudzinski OWNERS: Bob Brudzinski LOCATION: 1333 North Congress Avenue DESCRIPTION: Request to rescind the recent Conditional Use approval for a nightclub (live entertainment), at Bru's Room Sports Grill, located on a 1.08 acre parcel zoned C-3 Community Commercial. PROGRAM IMP ACT: FISCAL IMP ACT: ~~ AL TERNATIVES: City Manager's Signature Assistant to City Manager CJ;vvL.- Planning and Zonin rector City Attorney / Finance S :\Planning\SHARED\ WP\PROJECT ru's Room\COUS 08-005\Agenda Item Request Bru's room Sports Grill COUS(Recind) 11-18-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 08-083 TO: Chair and Members Planning & Development Board I, THROUGH: Michael W. Rump:( J)L.."/ Director ofPlam1ing and Zoning FROM: Ed Breese bO) Principal Plam1er DATE: September 30, 2008 RE: Bru's Room Request To Rescind Previous COUS Approval For Nightclub (COUS 08-005) NATURE OF REQUEST Mr. Bob Brudzinski, owner of Bru's Room Sports Grill, is requesting that Conditional Use approval for the operation of a nightclub with live entertainment be rescinded, at his restaurant at 1333 North Congress Avenue. BACKGROUND In 2006, the applicant sought conditional use approval (COUS 05-009) for a nightclub and major site plan modification approval (MSPM 06-0(4) for a 775 square foot building addition at Bru' s Room Sports Grill located on the west side of North Congress A venue about one-half mile north of Old Boynton Road. At that time, Mr. Brudzinski, indicated that his business was a combination bar and grill, with the majority of sales from food (restaurant 550/i)) and the remainder of sales from alcoholic beverages (bar 45%). However, the property owner wanted to have live musical entertaillli1ent (i.e, bands. disc jockey, single musician, etc.) with amplified music within the proposed addition, Per Chapter 1, Article 11. Definitions, of the Land Development Regulations, a Nightclub is defined as follows: "A restaurant, bar, lounge or similar establishment serving alcoholic beverages, that features dancing, theatrical. cabaret, or similar entertainment and'or electronically amplified music". A nightclub is a conditional use in the C -3 zoning district. The applicant is nearly complete with the construction of the physical improvements associated with the major site plan modification and has detem1ined that the space Oliginally set aside for the perfonning stage could be put to better use as actual service area, to expand the number of restaurant patrons he could serve. As such, the applicant would like to have the approval for 11\C entertainment (COUS 05-009) rescinded and, in effect. remove the complexity that is associal~~d COUS 08-005 Page 2 with expanding restaurant seats or business operation at a business that is the subject of a conditional use approval (any change that potential intensifies the subject use impacts the conditional use approval and requires full review by the city). Mr. Brudzinski has submitted a minor site plan modification application in conformance with his intent to construct an additional awning covered seating area/waiting area at the rear/west side of the building. Staff has no reason to oppose the subject request, as it represents the potential de-intensification of the subject business, and its continued operation as an established restaurant and "sports" bar. The new seats will be subj ect to capacity reservation fees and revision of the number of seats on the business tax receipt. RECOMMENDATION Staff recommends that the applicant's request to rescind the previous nightclub approval (CaDS 05-009) be approved. Any conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECfS\Bru's Room\COUS 08-00S\Staff Report.doc Exhibit "A" - Site Location Map COUS 08-005 - Bru's Room _.._.n '-------.--~---""-..,--,-..-,...,.----..-'..,-.---.~-- SMU Suburban Mixed Use ~ -- --- I '=I SMU Suburban v Mixed Use -_...- -~ - . - =- -" - ~-~_.- . --- _ _ .. ._,.__.".__.u .___ _ _ _ _ ~ ._,_' -- - - T- --- , --; - ,. '. /\ 460 230 G 460 920 1,380 1,840 . ~~ I I Fee~ ~V- l EXHIBIT B tlJG I A 2008 Food! Sports! Entertainment! -IIII..~ - ~:iIIIII"'r.-"'''''l;;::;'!f;:~:~c;;'~~ -'!-"'-' August 12, 2008 Ed Breese Principle Planner City of Boynton Beach Planning & Zoning PO Box 310 Boynton Beach, FL 33425 Dear Mr. Breeze: In lieu of having indoor music we would rather have additional seating. With the addition of windows in the back part room the soundproofing of the room is no longer effective. The area designated as the stage will be additional tables and chairs. Should you have any questions, please call me at 954-914-9290. Respectively Bru's Room Sports Grill www.brusroom.com '~-c_':':::::;'::"~~:~"""'';''':'':.:.':',.y.;~~G:1~~ :~__ Corporate Headquarters' 954-968-1050 . Fax 95L1-935 560C1 . 5476 VV Samols 80 . IVlarOaTf i=IC.JrlO2c 3307: fV1argar8 ., POlilpancl Beacr': .. Deiray Beach e- Bovnton ~,sar:r, t. CIged~e!c; 883-=:rl ' Sunr!s~ : ~C)(;Cli:!_:' '~,rs~: EXHIBIT "C" ~onditlOns of Approval Project name: Bru's Room Sports Grill File number: caus 08-005 Reference: I DEP ARTMENTS !lNCLUDE I REJECT I I I PUBLIC WORKS- Solid Waste I I I ..."--- Comments: None I X ! i PUBLIC WORKS - Forestry & Grounds I I Comments: None X =1 ! I PUBLIC WORKS- Traffic I I, Comments: None X i 1 I UTILITIES I I : ----I I 1 Comments: None X J 1 FIRE I ~I I i I h Comments: None i X i 'I I I ~, Ii POLICE i ii 1 i ~I T Comments: None X II I Ii ENGINEERING DIVISION I ~l ! ! " Comments: None i X i ~ ! I I BUILDING DIVISION I i ~ Comments: None I X II i ~I PARKS AND RECREATION 1 I II ~i T " 'I Comments: None i X I Ii ! r 11 1 I FORESTER/ENVIRONMENTALIST I --Ji I !1 Comments: None X __., _ ~.i, Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I I Comments: None PLANNING AND ZONING I I I X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Bru's Room\COUS 08-005\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Bru's Room Sports Grill APPLICANT'S AGENT: Bob Brudzinski APPLICANT'S ADDRESS: 4607 Gleneagles Drive, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18,2008 TYPE OF RELIEF SOUGHT: Request to rescind Conditional Use approval for operation of a nightclub with live entertainment. LOCATION OF PROPERTY: 1333 N. Congress Avenue, Boynton Beach, FL 33426 DRAWING(S): NONE 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\Bru's Room\COUS 08-005\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 Ms. Killian disclosed she had a telephone conversation with Dr. Jaffe. She sported the request because she supported property owners trying to improve their properties. The area warranted the improvements and they did not offend the surrounding property owners. Dr. Jaffe was under the impression the prior property owner received the variance because he was informed he would build a 7,000 square foot home on the property. The home currently is 1,500 to 1,600 square feet. The prior owner had plans to have the garage in its present location and then extend it back and up. Chair Jaskiewicz was impressed the neighbors had a positive response to the request. She thought it would enhance the area. The front doors of the building would face west, the back two windows would face east and it paralleled the canal and was just north of the pool. Mr. Lis inquired if any of the neighbors who signed the petition were located across the street. Dr. Jaffe explained the hedge in front of the garage was high and the neighbors would only see the top of the roof, and the roof line was the same as the home. Every neighbor that could see the home had signed the document. Motion Mr. Poznak so moved. Chair Jaskiewicz noted only one motion was needed and the language was contained in the report. Mr. Saberson explained the motion was to approve the staff recommendation on both variances. Mr. Lis seconded the motion that unanimously passed. B. Bru's Room Sports Grill Conditional Use 1. PROJECT: Bru's Room Sports Grill (COUS 08-005) AGENT: Bob Brudzinski OWNER: Bob Brudzinski LOCATION: 1333 North Congress Avenue DESCRIPTION: Request to rescind the recent Conditional Use approval for a nightclub (amplified music), at Bru's Room Sports Grill, located on a 1.08-acre parcel zoned C-3 Community Commercial. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 Mr. Breese explained Bob Brudzinski, owner of Bru's Room Sports Grill requested to rescind the conditional use for a night club and a major site plan modification for a 775 square foot addition to his restaurant. He requested Conditional Use 05-009 be rescinded and the major site plan modification be modified to remove the performing stage area of the restaurant. Mr. Brudzinski submitted a minor site plan modification showing the proposed improvements, the elimination of the stage area and the addition of a covered seating waiting area at the rear of the building. Staff recommended approval of the request with the understanding the elimination of live entertainment would have a positive effect on surrounding properties. The applicant was present and had no comments. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearing was closed. Chair Jaskiewicz noted there were public comments received when the request was presented; however the comments pertained to the entertainment. She was please to rescind the use and convert it to a seating area. Motion Ms. Grcevic moved to approve the request to rescind the conditional use approval for operation of a nightclub with live entertainment. Mr. Lis seconded the motion that unanimously passed. C. Sparkle Clean Car Wash Conditional Use 1. PROJECT: Sparkle Clean Car Wash (COUS 08-006) AGENT: Jason S. Mankoff of Weiner, Aronson & Mankoff, P.A. OWNER: Boynton Beach Car Wash, LLC LOCATION: 3008 South Congress Avenue East side of Congress Avenue, approximately 275 feet north of SW 30th Avenue DESCRIPTION: Request to add automobile detailing service to a previously approved 4,880 square foot. fully automated carwash facility (COUS 05-004), located on a 0.88 acre parcel zoned M-1 Light Industrial. Mr. Breese explained Mr. Mankoff was seeking conditional use approval for additional services to the pre-existing car wash, which was a full service car wash located at 3008 South Congress Avenue. The site was originally approved as Rapido Rabbit Car Wash, and now known as Sparkle Clean Car Wash. One of the conditions of the original approval was if any additional services were requested by the applicant, that they would 5 VIII.-PUBLIC HEARING ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl 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 D August 19,2008 August 4,2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18,2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) @ 0 ~=:4 D September 18, 2008 September 2.2008 (Noon) ~ November 18,2008 November 3, 2008 (NOOl~ =f;< -<bJl n ("')"'7l1 D October 7. 2008 September 15,2008 (Noon) D December 2. 2008 November 17, 2008 (NOE rW ""'0 0 ;:l;'J-< :Da ~Z tJ)~ D Announcements/Presentations D City Manager's Report :x i NATURE OF D Administrative D New Business \D .. AGENDA ITEM D D CJ1 Consent Agenda Legal 0"\ ". D Code Compliance & Legal Settlements D Unfmished Business =e ~ Public Hearing D RECOMMENDATION: Please place this request on the November 18, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on October 28, 2008, recommended that the requests be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-082. EXPLANATION: PROJECT: 3416 South Lake Drive (Jaffe) (ANCV 08-005) AGENT: Steven Jaffe OWNERS: Maxine Jaffe LOCATION: 3416 South Lake Drive DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2 Zoning, Section 5.B.2.a., requiring a minimum front yard setback of 25 feet, to allow a variance of II feet and a front yard setback of 14 feet, for a proposed garage accessory to a single-family residence within the R-l-AAB Single-family Residential zoning district. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2 Zoning, Section 5.B.2.a., requiring a minimum rear yard setback of 20 feet, to allow a variance of 18 feet and a rear yard setback of 2 feet, for a proposed garage accessory to a single-family residence within the R-l-AAB Single-family Residential zoning district. PROGRAM IMP ACT: FISCAL IMP ACT: ~~ ALTERNATIVES: City Manager's Signature Assistant to City Manager ()wL/ Z~ Planning and Zonin rector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS affe - Wantshouse VarianceVaffe Variance\Agenda Item Request 3416 South Lake Dr ZNCV 08-005 11-18-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-082 STAFF REPORT To: Chair and Members Planning and Devel9Pment Board 1'1 ;"'t Ii I ' '--...'" Thru: Michael Rump~iJJ . I / Planning andoning Director From: Kathleen Zeitler IL2- Planner II Date: October 21, 2008 Project: 3416 South Lake Drive (Jaffe) Variances (ZNCV 08-005) Requests: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2 Zoning, Section 5.B.2.a., requiring a minimum front yard setback of 25 feet, to allow a variance of 11 feet and a front yard setback of 14 feet, for a proposed garage accessory to a single-family residence within the R-l-AAB Single-family Residential zoning district. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2 Zoning, Section 5.B.2.a., requiring a minimum rear yard setback of 20 feet, to allow a variance of 18 feet and a rear yard setback of 2 feet, for a proposed garage accessory to a single-family residence within the R-l-AAB Single-family Residential zoning district. BACKGROUND The subject property is generally located just east of Interstate 95 near the southern limits of the City within the Lake Eden subdivision (see Exhibit "A" - Location Map). The subject property was platted as Lot 1, Block 2 of Lake Eden Plat No.2, and recorded on July 17, 1970 in Plat Book 29, Page 53. The 0.29-acre lot is on the east side of South Lake Drive and abuts the L.W.D.D E-4 Canal to the east. The platting pattern for the majority of lots within the Lake Eden subdivision is rectangular in shape with the exception of the subject lot, which is triangular in shape. In 1973 the subject site was developed as a one-story single-family residence with an attached one (1)- car garage. According to the Palm Beach County Property Appraiser's records, the residence on the subject property is a four (4)-bedroom, two (2)-bath house consisting of 1,521 square feet of air- conditioned space, and a total of 2:352 square feet. Thp c;lJbject property and Lake Eder. r.elghba:haod are currently zoned R-l-AAB, Single-family Residential. The required minimum setbacks of the R-I-AAB zoning district are as follows: front yard, 25 feet; side yard, 10 feet; and rear yard, 20 feet. The applicant's requests are in conjunction with his proposed plan to construct an accessory structure, a freestanding 3-car garage, with reduced setbacks (see Exhibit "B" - Site Plan/Survey). Records indicate that in 2004, Mark Wantshouse, the previous O'vvner of the subject property, was granted a variance to the rear yard setback, reducing it from 20 feet to 10 feet for an addition to the residence (ZNCV 04- 002). However, the variance granted was specific to that request (the proposed addition to the residence), and therefore not applicable to the subject request. With respect to the current state of the subject property, the property was not improved as allowed by the 2004 variance approval, and the property was subsequently sold. Page 2 Jaffe Variances ZNCV 08-005 PROPOSAL The applicant desires to construct a freestanding three (3)-car garage north of the residence and swimming pool on site, and may convert the existing one (i)-car garage to additional living space. The proposed garage is approximately 36 feet wide and 25 feet deep (approximately 912 square feet) and would be located 14 feet from the front property line, resulting in an encroachment of 11 feet into the front setback, and 2 feet from the rear property line, resulting in an encroachment of 18 feet into the rear setback. Therefore, variances to the required minimum front and rear setbacks are required prior to the issuance of a building permit for the garage. The applicant has submitted a floor plan and building elevations of the proposed garage that indicate a proposed privacy wall 33 feet in length and five (5) feet - four (4) inches in height, that would visually connect the garage and residence (see Exhibits "(-1" and "(-2''). The applicant has stated that there are no additional curb cuts proposed for access to the garage, and the driveway to the proposed garage will tie into the existing circular drive on site. ANALYSIS The code states that a variance cannot be approved unless the board finds the request meets the following criteria (a-g). The applicant's justification and response to these criteria is attached (see Exhibit "0" - Justification Statement). a. That special conditions and circumstances exist which are peculiar to the lan~ structure/ or building involved and which are not applicable to other lands/ structures or buildings in the same zoning district. The applicant notes in his justification (Exhibit "0'') that the subject lot is pie-shaped with very little buildable area on the lot. Staff has conducted an analysis with emphasis on the uniqueness of the subject property relative to other parcels in the Lake Eden subdivision and neighborhood impact. Staff recognizes that special conditions do exist at this location relative to other properties within the neighborhood that are similarly zoned. No other properties in the neighborhood are as irregularly-shaped, and they have typical buildable envelopes, unlike the subject property. It should be noted that the construction of the proposed accessory structure on the subject lot would not be feasible without encroaching within the required front and rear yard setbacks. Unlike typical rectangular-shaped lots, which have a rear yard and two (2) side yards, this property provides a front, a rear and only one (1) side yard along the south property line. Further, the front (west) and rear (east) property lines taper to the north to form a triangle. If this parcel was rectangular-shaped, comparable to other lots along the canal and throughout the subdivision, the proposr:>d garagr:> would hp fE't=lsihlp without thp nppcJ for thp rpqupsted variances. b. That the special conditions and circumstances do not result from the actions of the applicant. The applicant notes in his justification that the size and configuration of the subject lot are not the result of the applicant's will or actions. The property lines have remained as originally platted. Although the subject lot size of 12,924 square feet conforms to the minimum lot area of 9,000 square feet required in the R-l-AAB zoning district, it is clear that the triangular lot shape results from the convergence of the angle of South Lake Drive and the opposing angle of the canal right- of-way. Staff concurs with the applicant that special conditions and circumstances do exist, related to lot configuration, which are not the result of actions by the applicant. Therefore the subject property presents a unique situation relative to other lots in the Lake Eden subdivision. PClge c Jaffe 'variances ZNC'v 08-005 c. That granting the variance requested will not confer on the applicant any speC/al privilege that IS denied by this ordinance to other lands, buildings, or structures in the same zoning district. Granting the requested variances will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. City records indicate that from 1971 to 2004 there were a total of seven (7) variance requests for setback reductions on lots located in the Lake Eden subdivision, and all of these variance requests were approved. Granting the variance would allow the applicant more use of his irregular-shaped property, and would enhance the property values in the neighborhood. Based on the information found in criteria \\a/~ "b/~ and "c"above, staff has found evidence of a hardship. Further, the review of previous variance applications for other lots within the subject subdivision, has revealed the uniqueness of the subject lot and the potential for zoning regulations to have unequal effects within the respective subdivision and within this zoning district (R-1-AAB). d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of the ordinance would deprive the applicant of rights and could cause undue hardship. In 2005, the Land Development Regulations were revised to allow Administrative Adjustments (similar to those given to non-conforming lots) for reductions in all yard setbacks for lots platted prior to June 13, 1975 (such as in Lake Eden). The LDR was recently revised to delete the June 13, 1975 platting date to allow the administrative setback reductions for all platted lots. The following administrative adjustments to the minimum yard setbacks may be allowed, subject to provision of justification by the applicant: front and side yard, up to a 20% reduction; and rear yard, up to a 25% reduction. However, these minimal setback reductions would equate to a reduction of only five (5) feet to the front and rear yard setbacks, therebv not offsetting the constraints caused by the configuration of the subject lot. In addition, the Land Development Regulations were revised to allow Administrative Adjustments for rear yard setbacks on single-family residential parcels that abut open space to the rear. On canals with a right-of-way width of more than 150 feet, a 50 percent reduction of the rear setback is allowed for single-story additions. Due to the location of the pool on the side of the single-family residence, the proposed garage must be a detached addition (i.e. freestanding), and therefore is not eligible for the 50 percent setback reduction. Even if the reduction could apply, in the R-1-AAB zoning district the rear setback reduction would be only ten (10) feet. Due to the shape of the lot, rind the location of the residence ::!nd pool, the rer!:2l!'"!1!'"!g area of the !at h2s the !e2st lot depth, resulting in the need of the applicant to request an additional amount of setback reduction and the need for the requested variances, rather than administrative adjustments. Staff also concurs with the applicant that the approval of these variance requests will not confer any special privileges. The depth of the subject lot where there is an open area on which to build, is only 45 to 65 feet, whereas other lots in the subdivision that abut the canai right-of-way have between 150 to 200 feet in lot depth. Therefore, denial of these variance requests would deprive the applicant of the rights already enjoyed by others owning more regular-shaped lots within this subdivision. In addition, staff research indicates that within three (3) blocks of the subject lot, the vast majority of lots in the Lake Eden subdivision are improved with either a two-car or three-car garage. Page 4 Jaffe Variances ZNCV 08-005 e. That the variance granted is the minimum variance that will make possible the reasonable use of the lan~ building/ or structure. The requested variances are considered to be the minimum that will make possible the reasonable use of an irregular-shaped lot. Due to existing site improvements, the proposed location of the garage seems appropriate. The proposed variances would allow improvements that permit "reasonable" use of the property, are more in keeping with development in the neighborhood, and contribute to an increase in the value of the property. The subject improvement represents a typical expansion to allow additional usable area on the lot and to allow for the existing one-car garage to be converted to living area more in keeping with the minimum living area standard applicable to the subject zoning district. The minimum living area (air-conditioned space) required in the R-1-MB zoning district is 1,800 square feet. According to the County records, the subject residence is currently below the minimum, with a total of 1,521 square feet (under air). Conversion of the existing one-car garage to additional living space would increase the living area to 1,981 square feet. The majority of homes in this neighborhood are considerably larger homes (the average size of the 9 nearest residences is 2,253 square feet under air with garages sized to accommodate from 2 to 4 cars). The approval of the requested variances would allow the applicant to achieve a comparable living area with other homes in the immediate vicinity. Further the current trend within the city, as evidenced by newly constructed and redeveloped homes, tends to encourage similar improvements regardless of lot constraints. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff finds that granting the variances will not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement will be consistent with existing characteristics of the neighborhood including house sizes and styles. Regarding the intent of the zoning regulation and impacts on adjacent properties, staff acknowledges that additional buildings on the property may sometimes have an impact on adjacent properties including reduced light, air flow, and views. This is not the case with these requests due to the absence of a lot to the north and the orientation and placement of homes along the canal. Although not regulated by the City's Land Development Regulations, it is notable that building elevations submitted indicate that the proposed garage will be of similar architecture as the existing residence and will include a side door and rear windows in addition to the overhead garage doors. The applicant has indicated that the building materials and colors for the proposed garage will be comratib1e with the existing res!dence. Furthermore, an ex!stlng hedge along the sCLlth side of the swimming pool would be removed and replaced with a proposed privacy wall that would visually connect the proposed garage with the existing residence. South Lake Drive is a local street with 60 feet of right-of-way width consisting of 21 feet of asphalt and 19 and one-half feet of swale on each side. There are no sidewalks in the Lake Eden neighborhood, therefore the proposed garage would be located a total of 34 feet from the edge of the asphalt roadway, which may somewhat preserve the open space look and feel of the streetscape. The subject property is a corner lot, so there is no lot to the north of the proposed garage, greatly minimizing any potential impact. In addition, the requested front and rear setback encroachments would not be visible due to a large ficus hedge at least six (6) feet in height extending along the front property line and the abutting canal right-of-way to the rear. c, age:, Jaffe \; anances ZNCV 08-005 Staff has received no phone calls or letters voicing objection to the subject requests, Dut 'las received signatures of support of the proposed garage from the adjacent property owners (see Exhibit "E''). Specifically, the signatures are from the abutting property owners in the Lake Eden subdivision located to the west and south of the subject property, which would potentially be the most impacted by the proposed garage, as well as other neighbors in close proximity to the subject property. The applicant has submitted a letter from the Lake Worth Drainage District (LWDD) that states they have no objection to the proposed garage, provided there is no encroachment (including roof overhang) into their canal right-of-way (see Exhibit "F''). The applicant has stated the clay tennis court (currently unused and in disrepair), constructed by the previous owner and located on the LWDD canal right-of-way, will be removed by the District in the near future. g. Variances to minimum lot area or lot frontage requirements/ that property is not available from adjacent properties in order to meet these requirements/ or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. The requested variances are for reduced setbacks, rather than for lot area or frontage requirements, therefore this criteria is not applicable. CONCLUSIONS! RECOMMENDATION Staff has reviewed the requested variances focusing on the applicant's response to the above criteria contained in Exhibit "D". A variance is to be granted on the basis of a hardship, which is established by characteristics other than those created by the landowner, or previous owner(s), various site improvements or alterations. The emphasis of criteria "a", "b" and "c", in order to justify a hardship, is on natural or unique limitations relative to other properties within the neighborhood that are similarly zoned. The subject requests have been initiated for an accessory garage situated on an irregular- shaped lot within this neighborhood. Based on the analysis contained herein, staff finds that a "hardship" does exist and therefore recommends that these requests be approved. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit "G", M R/kz S:\Planning\SHARED\WP\PROJECTS\Jaffe Wantshouse Variance\Jaffe Variance\ \Staff Report.doc Exhibit "A" - Site Location Map ZNCV 08-005 - 3416 South Lake Drive \ll-LJj EB ~IITJ, / -.1~__..J.J.\ N 320 160 0 320 640 960 1,280 w~t~ E ~-- I Feet ~~).,{ S EXHIBIT B LIT-I'ON LAND SURVL YORS, INC " ------~._.-~--_._-----~ '~;:,- ~IITI~llri! 609 N.E. 3rd. AVENUE - DELRAY BEACH, FLORIDA 3344,; ~. i 11'11 ::J!: 561-276-7575 (OFFICE) - 561-276-662", (FAX) JRLlTTON@B::LLSOUlrl.NE,' i~ 1!i~~I!!:: PROUDL Y S",F(VING PALM BEACH, BROWARD, DADt::, MARTIN I\ND S" : UC:It:: C;rJUI\TIC:c, , i I ,". 1,: WITH OVER 30 YEARS EXPERIENCt:: i -- \ I 'z I ~ .- r.' 1(1 'fl/..1tt', I "" !,>l"Dc "0 I *....*.~E ! '0 , s \1\ \ ~A'_?.!:'____- -" -- ~ r ! -- ~ i I ~ -Z , ~ I 0 Q ! 0 ! $ () I i-:. \ i iJ ~ I ~ ! g TENNIS caURi r I I !:! I "< \1\ I -.J \ I ~ I i I I i i I , I --------- ~~---- I , I I I ! i - U~-I /- --- - :\J~!' _ - ~~-'1-;~I' - , . ' :- I 1E'~ ~ ~ I . I inl-? BLOCV - 2 p.l,OQ' "\'.:, ~t..r:j: ~.nR5/" No I.D tJQID: 1. THE BEARINGS ON THIS SURVEY ARE BASED ot~ THE RECORD PLA 1 t~18'O~'2gKL ALONG TW NORTHWESTERLY LINE or LO" 1. BLiXt .2 2. LOT 1. BLOCV 2 CONTAIN:; 12,924.1274 SOUARE F,E'. (02957 ACR,S:. SCALE: 1" = 30' or LAND MORE OR LESS. SHE~- ') 0- ~. SH;::;::TC I c. I ...... r '-_ , '- ~- REVISION: PLOT !,LA!\J GARAGE 06/03/08. JRL. .~ -_._~----_...._--- -" -----_._.~-"--- .~ LEGEND: ,.' "HO~IE Bm ~, "mlt:p POLE iQJi[ =ATC~ MCIN r-I F'= f-i" m:-:til"- IH 11.:1}~', W'" I ! 52 CABLE BOY. .1 GHT POLE 'W' ',AEF ~EEF oS SAli ~'?\NHO~: ~Hu.~L 'y,; Ft JOB 1'0 06- 21 BU I [II\E OS/iS/OE I DRAWl, B~. . \/1 .OWe I ,:HEe! ELI E. FILE 1'.10. 0(;-1'1813 v. ,,\.) _~ l:-I'" .- ~-- rr . - \ ~,t \ ~ \ \ \ \ ~~W \ oJ. \ ~" ~~~\~\~~\\ \ \f@) W \ \\\\\\ \~'l\\\\\\ \\\ \1 \\'\\\ U~ ~~~~\\ W \' \ till \ 'i{ ttni\~\ \i\\ ,\ i~ 'tl\ a.~t\""'(~~- .. Ii\ W ~\. all \ .\.~t \~\\ .1, ,. ~. l\_~\ - \ 'I.. ~.~~, '1\\\ \\1 ~ ",~\:. \\\ I ~\ % ~ \;\ \\ ~i \ ~ ~ - ~ .;:.- .~ ,?,,~ ~ - -~1\ y//- \ \ ' ~l \ \ ~. l' \ \ A --~ \ ~ --- -~~ l ~ )' ... \\0' 1.\ \ \ /L---./). ) , -----------~ \ EX\-\\R\' \. ~ '-....-. \ - -r:.- ___ \ \ .. 'J \~,f. ~\... \ -~.-e \ ~.( ~ ~ >i' "'- ij.-:l. \ ~~i ~ \ r~\--::'--j--::::----\ I' ! \~\. \ Ii "" I ~ \' \ '. , r: I,. ' \ . \. z~ c \/ {~ \\ \\ ~~~ ~ , ~~ ~ \ \ \ J I~;. \\\\\ \ \ ~\ "I. . '1 \ '; ~ '.. u..1j-1-\ 0 \e; \ .~\' It r . , I \ .. \ \ \ \ '. \ , \ \ r~. \\ \ \ \\~~ \ \ \ \' \ \ ' \ ,\ \ \ .\ \ \, \ , ~\ \, ..--l -0. 3>\- '. . ~\ ;\ EXHIBIT D July 15,2008 City of Boynton Beach Planning and Zoning Division Code Variance To Whomever it may concern: Please find enclosed the answers to the 7 questions asked with reference to a variance A. The property to which this variance is being requested is an unusual shape ( being a pie in nature) leaving almost minimal land to be used to build on without the variance. The exact distances are well documented in the surveys included. The house is built presently on the extreme southern portion of the property with the pool to the north thus leaving almost no buildable property to the north of the swimming pool with the current set backs. B. The property in question and it's boundry lines are not the result of the applicant's will or actions. C. The granting of the variance will only enhance the property values to a neighborhood that is already considered to be one of the more expensive . ~ 11 11 'f ..t.." ., 1. ., T~ 1 11 .1 1... .1 . nelgnoornooas wnmn Iile cny nIDns. II alSO auows lll~ appUl.:arll Ln~ l)l:1Ul~ ability to enhanse their property as other members of the neighborhood. D. Without the variance the applicant has no ability to add a garage to the property which has been done by others in the neighborhood including the neighbors to then south and west and therefore deprives the applicant the same rights as others in the neighborhood. E. The variance requested is the minimal variance needed to complete the requested building. F. The variance will as noted above only add to the value of the neighborhood. The included signatures of the surrounding neighbors will act as a unanimous voice in favor of the structure being built. Also note the neighbor most impacted by the building, L WDD has absolutely no objections to the structure being built up to but not infringing to the property line. a Does not apply. EXHIBIT E June 8, 2008 The signing of this document indicates the acceptance of the proposed building of the garage on the property located at 3416 S. Lake Dr. Boynton Beach, F133435. All who sign have been informed of the need to acquire a variance with regard to both front and rear set backs and do not object to this buildings construction. 6Y)t?f! a~ 3 rc~. CS'~,f-Ir~ yf\. ~~ {~r^ 3'iIS sl='(:{ b. 0.D. +-l :;:>4)S \ ~~ s'fJg ~ M.lj]5f3S ~83 ~.~ .3 :7/S' ~J1 ~ g /7 '~cf.jJ--- ,-; .A....-L..'-G.'O --5 - . __ ~ ~ -SS"d-5 [, l~~ c..~~. \SC1 ~q3c-- . CJ LG ~ lJJ 34Th ct BB 33~3j i ~ fl.. I i I /{J . ~() ~, Iv'! n 21i jf (J '"' I., fL, V j) ? zU1lc ( ~~/~ J-' AI.(;! d- ~ (Jf . I VV '7 JT:iP..J .- .." 4=? ~d" 35010 ~ ~Al( ~ 0((' 66'-1 ^-'"" ~El' CJ . fJ1u--;!~~ '13/ .$ \,Ai ),-/,t'L Cou-vt . . u'y..,~ .7'>'2-'.~k~ ~~c... ~ t / ";137:' s: {JJ :J~7\Gr' ~/ ;;7f37j7T JZu..' ? yrz- SCG 3.~~ (1C",,----,- A"I~ ~sfj;T" June 8, 2008 The signing of this document indicates the acceptance of the proposed building of the garage on the property located at 3416 S. Lake Dr. Boynton Beach, FI 33435. All who sign have been informed of the need to acquire a variance with regard to both front and rear set backs and do not object to this buildings construction. /PhI a~~3/ 54 31//0 ~ V /n;/J/;~<7 (Yc;L!;/ 3Ji/5j ! j{~ \,~ (~ q]l S,--,J ::3~ -?' -k~ :-:J f\ ~--<:'~" 'i!3~ ~ \?t)-O~TY\ ,...1 ~ ' . j~lj\ /7 7 . I II ... / /-! /~// ' t~::p:A/(tZ ((/j/;rftf(IUl ~ /-; -) ,c4/ It:!,,,.( . //,/t'L G' . {j" . . /)/// ,""} .-) _ _ :.-t ct. ',_, / "",7 "; I \......./l -L / - ,/7 .~, I- . :.. ;/;' "L0rjPf I nL,~FA(;/,' >' . Y /. f ! -,- . .- . .---- ", -'/ :-> L --; ~ . " -r;/. ::.l.' .~~ 1/ ' V 07/18/2008 11: 23 551495':' 1 LWDD P? ,G!:: 02/02 EXHIBIT F ~'J1J1 90; ,rrJ ~f Supnrv!!:ot'f, James M, Alderman C, David Goodlett J Jyce D, Haley Murray R, Kalish John I WhItworth III LAKE WORTH DRAINAGE DISTRICT 1\, ;1n:1gnrISoctotary A-A--AJ RO'lald L. Crone ^"SIMenl Men8\lerB 13081 MILlTARYTRAll Cal(,1 W Connolly OEL.RAY ElEACH, ~lORIDA 334M .1105 Michael D, Baker Attorney Perr f & Kern, PA July 17,2008 Dr. Steven D. Jaffe 341 6 South Lake Drive Boynton Beach, FL 33435 Re: LWDD E-4 Canal LWDD Project No. 03-3753P.02 Dear Dr. Jaffe: This letter '\Ni.B confirm that Lake Worth Drainage District does not havf: an objection to Dr. Jaffe constructing a garage adjacent to the District'f, E~4 Canal right-of-way, as long a.s the garage, induding any roo' overhang, does not encroach into the District's canal right-of-way Further, Dr. Jaffe wi.1l be required to execute an agreement with Lak{ Worth Drainage District, which shall indemnify, hold harmless anc release the District from and against any and all damages, injuries, penalties, fines, claims, liens, suits, liabilities, costs, (including clean-up costs), attoD:leys' fees court costs and expenses of every kind and nature suffered by or asserted against the District as a direct or indirect result o' the District exercising its responsibilities an.d obligations of maintenance 0' its drainage system, adjacent to that real estate owned by Dr. Jaffe. Sincerely, LAKE WORTH DRAINAGE DTSTRICT ~/~~ Ron.8Jd L Crone .. MANAm:R. RLC:fac C: Mark k Perry, General Counsel to LWDD E:\F'RAN\ LETrERS\ RTW^y\,lflrr.,_11:4_ Gnmp:e 3753P02.doc Delray Beach & Boca Ralon (561) 496-5363. Boynton Beach & West Palm 6each (561)737-3935' !=S)( (561) 495-91,';94 Webslta: www,LWDD,net EXHIBIT "G" Conditions of Approval Proj ect name: Jaffe Variances File number: ZNCV 08-005 Reference: I DEPARTMENTS I INCLUDE I REJECl I ! PUBLIC WORKS- General . -- Comments: None X I PUBLIC WORKS- Traffic -- Comments: None X UTILITIES -- Comments: None X FIRE Comments: None X POLICE -- Comments: None X - ENGINEERING DIVISION I I Comments: None I X I BUILDING DIVISION I I Comments: None i X I PARKS AND RECREATION I I Comments: None I X i I I I l FORESTER/ENVIRONMENTALIST I ! Comments: None X I I I -.-- PLANNING AND ZONING I , ! ! -- Comments: None I X I Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT ] ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S;IPlanningISHARED\WPIPROJECTSVaffe - Wantshouse VarianceVaffe VariancelCOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Jaffe Variances (ZNCV 08-005) APPLICANT: Steven Jaffe APPLICANT'S ADDRESS: 3416 South Lake Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 18,2008 TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.B.2.a.. requiring a front building setback of 25 feet, to allow an 11-foot variance, and a front building setback of 14 feet, and requiring a rear building setback of 20 feet, to allow an 18-foot variance, and a rear building setback of 2 feet for a proposed garage accessory to a single- family residence in the R-1-AAB zoning district. LOCATION OF PROPERTY: 3416 South Lake Drive, Boynton Beach 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\Jaffe - Wantshouse Variance\Jaffe Variance\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28,2008 Attorney Alexander administered the oath to all who would testify. A. Planning and Zoning Report 1. Final disposition of the September 23, 2008 Planning and Development Board meeting Agenda items. Ed Breese, Principal Planner, reported the Land Development Regulations rewrite regarding property maintenance was forwarded to the City Commission and they accepted the recommendation. 6. Old Business None. 7. New Business A. 3416 South Lake Drive ZoninQ Code Variance 1. PROJECT: 3416 South Lake Drive (ZNCV 08-005) AGENT: Steven Jaffe OWNER: Maxine Jaffe LOCATION: 3416 S. Lake Drive DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2 Zoning, Section 5.B.2.a., requiring a minimum front yard setback of 25 feet, to allow a variance of 11 feet-and a front yard setback of 14 feet, for a proposed garage accessory to a single-family residence within the R-1- AAB Single-family Residential zoning district. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2 Zoning, Section 5.B.2.a., requiring a minimum rear yard setback of 20 feet, to allow a variance of 18 feet and a rear yard setback of 2 feet, for a proposed garage accessory to a single-family residence within the R-1- AAB Single-Family Residential zoning district. Kathleen Zeitler, Planner, presented the request and advised the subject property was located in the Lake Eden subdivision on a .29 acre lot on the east side of South Lake Drive abutting the Lake Worth Drainage District E-4 Canal. The property is zoned R-1- 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28, 2008 AAB Single Family Residential. The applicant was proposing a freestanding three-car garage, north of the residence and pool and may convert the existing one-car garage to additional living space. As such, the applicant was requesting a variance of 11 feet to the front setbacks, and proposing a new 14 foot front setback. The applicant was also requesting a variance to the rear setback of 18 feet and proposed a 2 foot rear yard setback for the proposed accessory garage. The garage was 36 feet wide by 25 feet deep and approximately 912 square feet. It would be connected to the residence by a masonry wall five feet in height. The architecture of the building materials and colors of the garage would be similar to the residence. No new curb cuts were proposed and the driveway of the garage would tie in to the existing circular drive. The lot abuts open space to the rear and has a privacy hedge. The applicant provided photographs for the lot and most lots in the neighborhood have two-car garages. The applicant has met the notification requirements and no objections were made. Staff reviewed the variance request focusing on the criteria required for a variance such as unique conditions and characteristics other than those created by the landowner or previous owner that establish the basis of hardship and natural or unique limitations relative to other properties in the neighborhood that are similarly zoned. Staff provided a report to the Board and demonstrated how each criterion was satisfied. Staff finds a hardship does exist and recommended approval of both variance requests with no conditions. Dr. Steven Jaffe, residing at the residence, was present. He explained the property was atypical in nature and the only encroachment would be on Lake Worth Drainage District, who provided a letter indicating they had no objection to the setback. Chair Jaskiewicz indicated Lake Worth Drainage District requested an agreement be signed. Dr. Jaffe responded the agreement is that he and his mother own about five percent of the tennis court, which was built 35 years ago. Under the new regulations Lake Worth Drainage District was being requested to remove the tennis court. Neither Dr. Jaffe, nor his mother, objected to the removal of the tennis courts. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearing was closed. Mr. Poznak inquired who owned the other 95% of the tennis courts. Dr. Jaffe responded Lake Worth Drainage District owned that portion. The tennis courts would be removed and would become open space. There was a large hedge of Areca Palms abutting the tennis courts on the east side adjacent to the canal that extended from the northern part of the tennis court to the south. He was unsure of Lake Worth Drainage District's thoughts on the Palms, but they were on their property. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 28,2008 Ms. Killian disclosed she had a telephone conversation with Dr. Jaffe. She sported the request because she supported property owners trying to improve their properties. The area warranted the improvements and they did not offend the surrounding property owners. Dr. Jaffe was under the impression the prior property owner received the variance because he was informed he would build a 7,000 square foot home on the property. The home currently is 1,500 to 1,600 square feet. The prior owner had plans to have the garage in its present location and then extend it back and up. Chair Jaskiewicz was impressed the neighbors had a positive response to the request. She thought it would enhance the area. The front doors of the building would face west, the back two windows would face east and it paralleled the canal and was just north of the pool. Mr. Lis inquired if any of the neighbors who signed the petition were located across the street. Dr. Jaffe explained the hedge in front of the garage was high and the neighbors would only see the top of the roof, and the roof line was the same as the home. Every neighbor that could see the home had signed the document. Motion Mr. Poznak so moved. Chair Jaskiewicz noted only one motion was needed and the language was contained in the report. Mr. Saberson explained the motion was to approve the staff recommendation on both variances. Mr. Lis seconded the motion that unanimously passed. B. Bru's Room Sports Grill Conditional Use 1. PROJECT: Bru's Room Sports Grill (COUS 08-005) AGENT: Bob Brudzinski OWNER: Bob Brudzinski LOCATION: 1333 North Congress Avenue DESCRIPTION: Request to rescind the recent Conditional Use approval for a nightclub (amplified music), at Bru's Room Sports Grill, located on a 1.G8-acre parcel zoned C-3 Community Commercial. 4 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 Citv Clerk's Office Meeting Dates in to City Clerk's Office D August 19,2008 August 4, 2008 (Noon) D October 21, 2008 October 6, 2008 (Noon) D September 2, 2008 August 18, 2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 16,2008 September 2. 2008 (Noon) ~ November 18,2008 November 3, 2008 (Noon) D October 7, 2008 September IS, 2008 (Noon) D December 2, 2008 November 17, 2008 (Noon) D Announcements/Presentations ~ City Manager's Report NATURE OF D Administrative 0 New Business AGENDA ITEM D Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing D RECOMMENDATION: Recommend approval of amendment no. 1 to the Interlocal Agreement with the Community Redevelopment Agency for sharing the cost of improvements along SE 4th Street from Ocean A venue to SE 12th Ave. EXPLANATION: On February 7, 2006, the City Commission and the CRA Board entered into an Interlocal Agreement for the purpose of sharing the costs of various improvements along the SE 4th Street corridor, from SE 2nd Ave to SE 12th A venue. A copy of the agreement is attached. The improvements envisioned for inclusion in the project included the following: . Potable water main, capable of delivering adequate fire flow and domestic service to the redevelopment area . Sanitary sewer improvements . Storm drainage improvements . Lighting improvements . Roadway improvements, including on-street parking and raised center medians . Landscaping . Relocating utility poles . Placing all above-ground utility wires in underground conduits These improvements were conceptual at the time of the agreement, and many of them have since been incorporated into a set of engineering plans. Some features were eliminated from the project scope however, for either cost or constructability reasons. These deleted features included burying all above-ground utility wires, and relocating the FPL utility poles. Also, the sanitary sewer improvements have since been completed by lining the inside of the sewer mains without excavating. S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM One noteworthy addition to the scope of work is the design of a 12-inch diameter reclaimed water main through the project area, as part of the City's Phase 1 reclaimed water main improvements. Under the 2006 interlocal agreement, the eRA would not be sharing cost on any portion of that reclaimed water main. This reclaimed water main is eligible for grant money from the South Florida Water Management District if constructed by August 2009. The stormwater system has also been awarded a grant from the County's Environmental Resources Management Department, if constructed by March 31, 2010. On October 14,2008 the CRA Board agreed to the cost-sharing strategy depicted in Table 1 (below), which will become part of this amendment. Many of the elements are necessary or conducive to future development in this corridor (see attached estimated cost for each infrastructure element from the CRA agenda package). The CRA cost sharing amount is to be regarded as a firm number, and will not be exceeded or decreased for the proposed scope of work. The City will bear the full cost of any expenses that are within the proposed scope, above the estimates shown below. City staff recommends that this project be constructed to include the reclaimed water line, potable water line, stormwater system, roadway elements, sidewalks, and conduits for future lighting. The streetscape elements will be extended to Ocean Ave. rather than ending at SE 2nd A venue. TABLE 1 Potential Net Outlay CRA Share City Share Description Cost Grant After Funds Grants Construct all water, stormwater, sewer laterals, sidewalks, curbs, $4,750,952 $995,663 $3,755,288 $1,123.000 $3,71 R,802 medians, pavement and conduits for future lighting I I ---- Additional cost to expand I construction from SE 2nd Ave. I to Ocean Ave.- including landscaping in center median and along west side only; center $300,000 0 $300,000 $l50,000 $l50,OOO median lights; replacement of I FPL poles, and new sidewalk I along west side. I TOTAL I $5,050,952 I $995,663 I $4,055,288 I $1,273,0~8_~~,_~~~_~ Note that grants for reclaimed water and stormwater are based upon actual construction costs, and that grant monies are actually transmitted on a reimbursable basis, after completion of the project. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Certain features, such as the reclaimed water main, must be constructed in the next year to allow for irrigation service to the areas north of the project, and to qualify for grant funding. Other features, especially potable water, are essential to meet the needs of future development in the project area. At this time, fire-flow is insufficient along SE 4th Street to allow the construction of multi-family or commercial buildings. FISCAL IMP ACT: Based upon engineering estimates, the fiscal impact will be approximately $5,050,952 for the total project, prior to cost sharing between the CRA and the City. Including grants and cost-sharing, the potential City outlay is $3,868,802. The Utility Dept. will fund $3,718,802 of this amount, with the additional $150,000 for the improvements from SE 2nd Ave. to Ocean Ave. funded out ofthe transportation component of the City's Capital Improvement Program. ALTERNATIVES: Constructing less than the proposed system would result in the loss of significant grant funding and insufficient fire protection for future development. ~.-~ I J2c l/~ L~_ _? )~~. o--"\. Department Head~'s~atU City Manager's Signature . /' .....--;-- .' '- -. KofiA.Boateng, P.E. Kurt Bressner Assistant to City Manager (~ UTILITIES Department Name City Attorney / Finance xc: Lori Laverriere, Asst. City Manager Jeff Livergood, Public Works Director ~ Peter Mazzella, Deputy Director of Utilities Christopher Roschek, Division Manager, Utilities Finance Dept. File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R08- -, - 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 BOYNTON BEACH, FLORIDA, APPROVING AND 6 AUTHORIZING THE MAYOR TO EXECUTE 7 AMENDMENT NO.1 TO THE AGREEMENT BETWEEN 8 THE CITY OF BOYNTON BEACH AND THE BOYNTON 9 BEACH COMMUNITY REDEVELOPMENT AGENCY 10 TO PROVIDE FOR THE INSTALLATION OF PUBLIC ] 1 IMPROVEMENTS ON SOVTHEAST 4TH STREET; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 ] 5 WHEREAS, on February 7. 2006. the City and CRA. entered into an lnterlocal 16 Agreement for the purpose of sharing the costs of various improvements along SE 4th Street ]7 corridor from Southeast 2nd A venue to Southeast 1 ih A venue which improvements are located 18 within the boundaries of the CRA.: and ]9 WHEREAS. some features \vere eliminated from the project scope either for ,-"Jsl or 20 Ilconstructability reasons while a noteworthy addition to the scope of work is the design uf a 21 12-inch diameter reclaimed water main through the project area as part of the City's Phase] 22 eclaimed water main improvements: and ," WHEREAS, the CRA and City have agreed to the cost-sharing strategy depicted in -j 24 able 1 of the Agreement: and 25 WHEREAS. the City Commission of the City of Bovnton Beach. upon 26 ecommendation of staff. deems it to be in the best interests of the residents and citizens () I the 27 'ity of Boynton Beach to approve Amendment No. 1 to the lnterlocal Agreement betv.een the 28 ity of Boynton Beach and Boynton Beach Community Redevelopment Agency to prm ide II 29 I for the installation of public improvements on Southeast 4th Street. 30 II NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF It ..CA...RLSO,Agrecmcnts\lntcrlocals-IU\ with CRA "1 -lTH "TRU T/\mclldmclll 'ic' I Joe , I ~ II . I I! , . II . I II . . I I THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. Each Whereas clause set forth above is true and correct and 3 incorporated herein by this reference. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby approve and authorize the Mayor to execute Amendment No. I to the Interlocal 6 Agreement between the City of Boynton Beach and the Boynton Beach Community 7 Redevelopment Agency to provide for the installation of public improvements on Southeast 8 4th Street, a copy of said Agreement is attached hereto as Exhibit "A". 9 Section 3. That this Resolution shall become effective immediately upon passage. 10 PASSED AND ADOPTED this _ day of November, 2008. II CITY OF BOYNTON BEACH, FLORIDA 12 13 14 Mayor - Jerry Taylor 15 16 I7 Vice Mayor - Jose Rodriguez 18 19 20 Commissioner - Ronald Weiland 21 22 23 Commissioner - Woodrow L. Hay 24 25 26 Commissioner - Marlene Ross 27 TTEST: 28 29 30 anet M. Prainito, CMC 3l ity Clerk 32 33 Corporate Seal) 34 :\CA\RESO\Agreement~lnterlocals.ILA with CRA SE 4TH STREET Amendment No I doc I AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT BETWEEN THE ern OF BOYNTON BEACH AND THE CITY OF BOYNTON BEACH COMMtlNITY REDEVELOPMENT AGENCY TO PROVIDE FOR THE INST ALLA TION OF A PUBLIC IMPROVEMENTS ON SOtlTHEAST 4TH STREET THIS AGREEMENT. made and entered into on the --~--~ ------- day of ------- .- 2006 by and between: CITY OF BOYN'fON BEACH. FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") AND CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. a Public Agency of the State of Florida I 639 E. Ocean ,\venue. Suite 107915 South Federal Highwav Boynton Beach. Florida 33435 (hereinafter referred to as "CRA") WIT N E SSE T H: WHEREAS, CITY AND CRA (the "Parties") desire to install public improvements. I including, but not limited to on-street parking. sidewalks. storm water drainage. streetlights. water, and landscaping within the right of way for Southeast 4th Street from Southeast 1 .:th A venue to Southeast 2nd A venue (the "Improvements"). which public improvements are located within the boundaries of the CRA; and WHEREAS, the Parties have negotiated and desire to enter into an Interlocal Agreement (" Agreement") for the Parties to share in the cost of design. installation. and construction of the Improvements (the "Project"); and WHEREAS, the Improvements are to be designed. installed and constructed pursuant to I Amendment No.1 to Task Order No. U04-16-02 with PBS&J ("Amendment j")--\\41tc.):J-h attached hereto a:; [xhibit '.:A.:.' and subsequent amendments; and WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best interests of the citizens and residents of both cities to enter into this Agreement; and I Page 1 of lQ9 DNT:dnt I S:\:A_\CRA\CRA Interlocal (SE4th Street) Amendment III040XI PVMdoc~:-+-'A'('RA-'c('-R-A-I-f~+-t-~-k-41~li i ..!(H).c+ftO" WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal Cooperation Act"), permits the Governmental Units, as public agencies under the Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or authorities which each such Governmental Unit shares in common and which each might exercise separately, permitting the Governmental Units to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such Governmental Units; and WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation Act; and WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. RECIT ALS 1.01 The above recitals are true and correct and are incorporated herein. Section 2. TERM OF AGREEMENT 2.01 This Agreement shall be effective upon the approval of both parties and shall terminate at the conclusion of the Project. This Agreement may be terminated pursuant to Section 9 of this Agreement. 2.02 At the conclusion of the Project, the Parties acknowledge and agree that the CITY shall own, and be responsible for the maintenance and liability associated with the Improvements. I I Page 2 of lQ9 DNT:dnt I S:\CA\CRA\CRA Interlocal (8E4th Street) Amendment (] 10408) PVM.docS:\CA\CR:\\CRA Interlocal (SE,1th Street) ( 10 05).doc Section 3. COMPENSA TION 3.01 The Parties agree that the cost for the Project shall be shared by the Parties in accordance with the terms of this Agreement. The cost of the Project includes all architecturaL engineering, construction. and consulting fees associated with the planning, construction, and completion of the Project. The estimated costs, and cost sharing for the engineering and construction of the Project shall be as follows: Tablr 1: Re....ised Engineering Cost Sharing for Amendment I: -- ~- Tusl, City Share CR\ Share 'rotal Sune\ ---+----4--------$-- :'" 00e: }; 3.000 Gt:otechnicul -+1- -- - .~._"._. 3.000- -~-~ De;it;n --.---.--.----...-.-..---.-.,-'. .----- I 03.()55~--~5-:" Permitting ---- :.:'165 ..---~--~-- 2.56?-. 5.130 Con.;truction Ser"ices-~- -+;"7.323 --- 3 1.3 3 1---+=-h(B4 .---------~ir i c a I S u bc 0 n S II ] ia n t------------------------------.~&:H-mm---..{~.-~14 EKpensc:; 5.865 .__._LJ 66 7.331 Total $1 '15,75: $)08.85 I $35 1.60,1 -.--- C ontingonc) __'_M_ ._}.J. g g ._mm___~___ 10.1'13 17.73.1 To~al with Conting.ency $1:'13Jl11 $21 Q.291 $372.33:'1 --------'.._- =fll hIe 2: -J<<!.vi!;ed Estim Il tea-(~~**-b.ost-S-hm4n~-fe.F-AmefldmetH-I-: --.--. Item - Cit\ Shan.' CR'\. Share -~ Roadv,u) & Surface Impf\c. ---'!;- 397.000 ----~ $ 250.000 -~---~-'ir61~.500 Storm water & Irrigation 336.000 ---------- 500.000 ---- 836.UOO \-Vater ----------- ') I O. 000 ----.-----"----- 5.000 ------ 215.000 Power Polc~; .. --.- ---1+-.. -- --.------- 200,000 - - 200,0(J() FP&L Co:;t:, ._-_._-~---------(.}-_._----.- TBD ----+Bf) Lighting --------=~-=- 536.000 536.000 --- Total ClU.500---H' 1.191.000 ---- 2. 131,500 .---.----..(; 0 nt in ge n ey------------------- 91.35 () ______.m_ mm-::._119. I 00-------- 2 '13. 15 tJ Total with Contingency $1.0.\7,850 $1.6'IO.100----Q.6T,95(1 -~ ~ ~ ~~--- - ~ :t:he Parti~:; <l;?ree4o worL in a ((loperuti\c manner-l:+t- finuli~'e~-*'ttllil-t't+t+h-\,t engineering and con:;truction. and :;hal] e~\ccute a written amcndmenl-l+t-~ \;reemelH to pro \ .i de Fo r an u pel u teel c 0 :;t-sltafffi.g--afffffig€'ffi\'ffit-fHf---tfle-.e~ in d- --1:tftti--6t+ttStfttt,'+i+~H ;::o~;ts. if r.cces~;ary. TABLE 1 I Page 3 of lQ9 DNT:dnt I :: IC A_'CRA\CRA Interlocal ( SE4th Street) Amendment I ]]U4IHi) PVM.doc?'7~A+-RA~-RA Interlocal (SF 1 th Street j ,W4J-?-t-t.tm Potential Net Description Cost Grant Outlav CRA Share City Share After Funds Grants Construct all water, storm water, sewer laterals, sidewalks, curbs, medians, $4,750,952 $995,663 $3,755.288 $1,123,000 $3,718,802 pavement and conduits for future lighting Additional cost to expand construction from SE 2nd Ave. to Ocean Ave.- including landscaping in center median and along $300,000 Q $300,000 $150,000 $150.000 west side only; center median li~hts: replacement of FPL poles, and new sidewalk along west side. I TOTAL $5,050,952 $995,663 $4,055,288 $1,273,000 $3,868,802 3.02 Upon completion of portions of the Project, CRA shall pay CITY the CRA's share of the I costs of engineering and construction. Payments shall be made according to a schedule of payments set forth in the contract(s) entered into by the CITY and upon written certification with supporting documentation by the CITY, that the task or tasks required I of the consultant(s) and contractor(s), as appropriate, for the requested progress payments have been successfully completed. Payments shall be made by the CRA no later than fourteen (14) days after receipt of an invoice and the supporting documentation from the CITY. Said payments will be made payable to the City of Boynton Beach and mailed to Attn: Finance Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425. In the event of any dispute between the CITY and consultant(s) or contractor(s) over the right to receive all or any payments under the contract(s), the CRA shall comply with the direction of the CITY and shall be indemnified by the CITY as set forth in Section 6 below. Section 4. DUTIES AND RESPONSIBILITIES OF CITY 4.01 CITY shall be responsible for preparing contract documents, advertising for bids for the Project, selecting the contractor to construct the Project, supervising the Project, and insuring completion of the Project in accordance with the description of the Project as contained in Exhibit "A" which is attached hereto and incorporated herein by reference. I Page 4 of lQ9 DNT:dnt I S:\CA \eRA \CRA lnterlocal ( SE4th Street) Amendment ( J 10408) PVM.docS:\C:\\CRNCRA Interlocnl (Sr>1th Street) (10 05).doc The CITY shall provide the CRi\ with copies of all cxecuted contracts III l.'UllIk'Ct JOn "1 the Project and shall keep the CRA regularly informed as to its progrcss 4.02 CITY will make available appropriate staiT to work with CRA staff in the planning an,! construction of the Project. 11 is further understood and agreed that. nothwithstanding th, CRA's participation in the planning of the Project and providing assistance in overseeing the construction of the Project. the CIT\' retains all responsibility for compliance \\ith tht terms and provisions of the various design and construction contracts as the Projec1 moves forward and for enforcement of the \'arious contracts' terms as against 1 hl.' consultant( s) and contractor( S). 4.03 CITY will make all payments it is responsible for making in connection with the Project in a timely manner and will hold CRA harmless and \vill defend CRA against any claims by any consuItant(s) or contractor(s) that CITY has improperly failed to make required payments under any Project contract(s). except insofar as any failure to make tin1l'h payment is due to CRA's failure to comply \\lith its payment obligations pursuant to this Agreement. Section 5. DUTIES AND RESPONSIBILITIES OF CRA 5.01 eRA will make available appropriate staff to work \vith CITY staff in the planning and construction of the Project. 5.02 When requested, CRA shall provide CITY with documentation in its possession, including, but not limited to maps. surveys. and photographs in order to assist with the design and construction of the Project. Nothing contained herein shall require CRA tv create documentation it does not presently possess unless agreed to by the parties in writing and included as an addendum to this Agreement. 5.03 CRA will make all payments it is responsible for making in connection with the Project and as set forth herein in a timely manner and will hold CITY harmless and will defend CITY against any claims made by any consultant( s) or contractor( s) that CITY has improperly failed to make timely payment due to CRA' s improper failure to comply" ith its payment obligations pursuant to this Agreement. Section 6. INDEMNIFICA TION, SOVEREIGN IMMUNITY, and INSURANCE 6.01 Without waiver of limitation as per Section 768.28(5). Florida Statutes. and to the extent permitted by law. the CITY and CRA agree to indemnify and hold harmless each other from any claims. losses, demand, cause of action or liability of whatsoever kind or nature that the CITY or CRA, or either party's agents or employees mayor could incur as a result of \Jr emanating out of the terms and conditions contained in this Agreement. that result frum CITY's or eRA' s or any consultant" s or contractor' s negligence or willful conduct (or Ihat of their respective agents or employees) or from breach of this Agreement. I Page 5 of lQG DNT:dnt I S:\CA ICRA\CRA InterIocal (SE4th Street) Amendment I ) I 040XI PV"1d()c~~'R.'\CR/\ InterlocahSL lth Stn'~'H J !-4-+8-H4Bt: 6.02 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage for liability protection in accordance with state law. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller, respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five (45) days prior written notice has been given to the other party. Policies shall be issued by companies authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. Section 7. RECORDS 7.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement 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. Section 8. ASSIGNMENT 8.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 9. TERMINATION/DEFAULT 9.01 Prior to the Boynton Beach City Commission approving a contract for the construction of the Project, this Agreement may be terminated by either party upon thirty (30) calendar days written notice. 9.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be I Page 6 of lQ.9 DNT:dnt I S:\CA \CRA \CRA Interlocal (SE4th Street) Amendment (] 104(8) PVMdocS:'C\ 'eRA 'eRA Interlocal (SE,lth Street) ( 10 05).doc without prejudice to the rights of any party to seek a kgal remed~ ior an) breach (1! I other party as may be available to it in lay\ or equity. Section 10. COMPLIANCE WITH LAWS 10.()} CITY and CRA shall comply \vith all statutes. laws. ordinances. rules. regulations and lawful orders of the United States of America. State of Florida and of any other public authority which may be applicable. Section 11. VENUE 11.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County. Florida. or. if in federal court, in the United States District Court for the Southern District of Florida. Section 12. GOVERNING LAW 12.01 The validity. construction and effect of this Agreement shall be governed hy the laws \\1 the State of Florida. Section 13. ENTIRE AGREEMENT 13.01 This Agreement contains the entire understanding of the parties relating to the subjecl matter hereof superseding all prior communications between the parties whether oral or written. and this Agreement may not be altered, amended. modified or otherwise changed nor may any of the terms hereof be waived. except by a written instrument executed b) both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a wai \ er or relinquishment for the future of any covenant. term. condition or election but the same shall continue and remain in full force and effect. Section 14. SEVERABILITY 14.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State. the validity of the remaining portions or provisions shall not be affected thereby. Section 15. CONTRACT ADMINISTRATORS 15.01 The Contract Administrators for each party shall be as follows: CITY: Kofi Boateng. lltilities Director City of Boynton Beach Page 7 of lQ1.J DNT:dnt I S:\CA\CRA ICRA Interlocal ( SE4th Street) Amendment (11l14UiS) PVMdocS7",:A4.-'t~~'i+I+"+4th~-j f-Uf-{.}:"+,{~ 124 E. Woolbright Road Boynton Beach, FL 33435 Telephone (561) 742- 6401 Facsimile (954) 742-6298 CRA: Lisa A. Bright, Executive Director Boynton Beach CRA I 639 E. Ocean /\ venue. Suite 107915 South Federal Highway Boynton Beach, FL 33435 Telephone (561) 737-3256 Facsimile (561) 737-3258 Section 16. NOTICES 16.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. CITY: Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Copy To: James A. Cherof, Office of the City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 I CRA: btsa--A. Bright, Interim Executive Di rectorY i vian Brooks, Assistant Director Boynton Beach CRA I 639 E. Ocean /\ venue, Suite 107915 South Federal Highwav Boynton Beach, Florida 33435 Copy To: Kenneth G. Spillias. Esquire Lewis. Longman & Walker, P./\. 1700 Palm Bench Lakes Boulevard. Suite 1000 West Palm Beuch. Florida 33'101 James A. Cherof. Esquire Goren. Cherof. Doodv & Ezrol, P .A. I Page 8 of lQ9 DNT:dnt I S:\CA \CRAICRA Interlocal (SE4th Street) Amendment ( 11(408) rVMdocS:'.C:\CR:\ \CR^ lnterlocnl (SE,lth Street) ( 10 (5) doc ----~-~------ 309Y East Commercial Boulevard. Suite :2(l() Fort Lauderdale. FL 33308 Section 17. INTERPRET A TION 17.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. IN WITNESS WHEREOF. the CITY OF BOYNTON BEACH and the BOYNTU\ BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to he executed in their respective names by the proper officials the day and year first above \vritten. CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida Bv: -. . -----~----_.,._-".._-~.~ ~ Jerry Taylor. Mayor ATTEST: Janet Prainito. City Clerk Approved as to form: .__.__.~--~---- City Attorney BOYNTON BEACH COMMllNITY REDEVELOPMENT AGENCY, a public agency organized and existing under the laws of the Stall' of Florida By: ..-.-.--.,,--.....---- ~~~- .lcrry Taylor. Chair Approved as to form: I Page 9 of lQ4 DNT:dnt I S:.CA_\CRA\CRA Interlocal (SE4th Street) Amendment 1II1l4IJXI f>VM.dl>cS,:,{, "'~*l\+RA lnterllJcaJ ~~ I f~4K: eRA Attorney I Page 10 of lQ9 DNT:dnt I S:\CA\CRA \CRA Interlocal (SE4th Street) Amendment ( 1104(8) I'VMdocS:'CA'CRJ\\CRA lnterlocal (SE,lth Streel) ( 10 05 ),doc . e..cI1 i., ;-;w . lie."'" oil; ,~ .",.... .~ 't~ ' C4r(~~~~*" ~..' '" i t '10... ._~ ..~.;e,.~::;;;~,;'i "",,:r L ~. lip! <" fJ ~.. '"...... , ," '-f,;' ... " .-'-e".:;2--'~.;.;;.:2J;;/..,f~" ".:.'____ .. .....,.1.". L---" ~ " "'""'\Y $:; Im___.,,' "~",, 1.--"_ ' ",,,. . e:;; ,,~ .." I ,~,.-...-. -1 ".;~jq..~. ~ . ~ ! ~~11~i,_'*' , _ ifL. .. I IIIfL J" .""'" . ,-, ' ,. _ ~_ l ___ . _" ~~~ (;.oR :r fi~' ~~ j ... :*'- '" ."""", Jffi iii!!!. ' ,JM. : __... ~~lmIIii,\.~j/^ ",~,,-----~ '"._;'.-".'~ ~7:_______'~ '2 .. ~ L' e' V ""~~'- 'JJ _ ~. f~' .. ; T 'l..,,,,~ e i"'~. . ", " , ! t .. ...":1 .,. (', F" /1,., " '-< .'. ,P,.., -~~ "',~",-,,,!~L, . ':'. ~ 151' ..,.. tillll 'tII' Ii.. ,-. . I . ' J ._"~'d. Id . .. !. Ifa , ~..,.. ,-~ . ' J ;; .... I ..~.r... ~..... II. ..........'...'. '." '""- ,:, . -v' .'~_~~ ~~,. 1., if.,;; .if f;" <if " l~.I...." pl'. ~1 :' Ii ".:" · ~ ~'" .~ r{.'., i.1 i'j,..;I i' ~ . ~ : .... SE 4TH Street Construction Cost Options Option Potential Grant Net Outlay No. Description Cost Funds After Grants CRA Share City Share Notes 1 No Construction $0 $0 $0 $0 $0 Reclaimed water line is partially 2 Construct only reclaimed water line $614,158 $245,663 $368,495 $0 $368,495 grant-funded if completed by 8/15/09 Potable water line is required to 3 Construct only reclaimed water and potable $1,872,108 $245,663 $1,626,445 $599,803 $1,272,306 meet fire-flow needs for this area to water lines re-develop. Recommend CRA fund 50% of potable water line Construct all water, stormwater, sewer laterals, Stormwater system is grant-eligible 4 sidewalks, curbs, medians, pavement and $4,750,952 $995,663 $3,755,288 $1,123,000 $3,718,802 conduits for future liQhtinQ if constructed by 2010 5 Option 4 plus center median lights $5,268,887 $995,663 $4,273,223 $1,686,850 $3,582,037 Lights will be owned and maintained by the City or CRA 6 Option 5 plus center median landscaping $5,418,887 $995,663 $4,423,224 $1,836,850 $3,582,037 Landscaping estimated at $150,000 7 Option 6 plus relocation of all FPL poles, and $5,744,887 $995,663 $4,749,224 $2,162,850 $3,582,037 Relocation of power poles could change to concrete result in a 1-year delay Additional cost to expand construction from SE Estimate does not include water, 2nd Ave. to Ocean Ave.- including landscaping reclaimed, or stormwater 8 in center median and along west side only; $300,000 $0 $300,000 TBD TBD improvements - Cost sharing center median lights; replacement of FPL poles, percentage for these surface and new sidewalk along west side. improvements to be determined * 9 Maximum Potential Funding by Source $6,044,887 $2,162,850 $3,582,037 * eRA revised cost sharing 11/4/2008 ~..,- ",:!,,-., _.. "__'M_ _. ....,.~" .__u, ,-~'. --- - . --. -""-. -. -"~ - .,- "--.',,',.. "",,"",,:.P n."..",. ~.... 0 .,. ~- 'IJr -... . ~>--h '-.- >' . -:'._- ~- .-i\\ sc. .. ~"-"- ;"'4 '-~'!.~t..j)o.; / .<~~:.::.~. .. '" )0-", "~_ ~~... .,""" // ...................... IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) o September 16, 2008 September 2, 2008 (Noon) [8] November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17, 2008 (Noon) 0 AnnouncementslPresentations [8] City Manager's Report NATURE OF 0 Administrati ve 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Per the recommendation of the Recreation and Parks Advisory Board, it is requested that the City Commission reconsider the development of Meadows IINautica Park site as a neighborhood park and consider the development of the Quantum Park site as an "eco" nature community park. EXPLANATION: On August 19,2008, the City Commission approved $600,000 towards the development of the Meadows IINautica Park project in District 4 using Park Impact Fees. Meadows IINautica Park is a 9-acre site located on Meadows and Springfield Blvds. This recommendation was discussed by the Recreation and Park Advisory Board at their September 22, 2008 meeting. During the meeting, the Board also recalled previous discussions by Angela Budano, on September 26, 2005, regarding the development of the Quantum site as a community greenhouse and gardens for environmental education and recreation purposes. A motion by the Board at that meeting encouraged Ms. Budano to pursue her idea. At the same September 26, 2005 meeting, David Katz, as a resident of Windemere HOA, spoke about the development of the Meadows IINautica site as a passive, neighborhood park. No action by the Board was taken. On July 23, 2007, the Board heard from David Katz as liaison to the 300 Property Owners, Inc., that they only wanted a passive park at Meadows llNautica with a trail, a foot bridge to connect Meadows I to Nautica, no parking, no picnic shelter, no restroom and no play equipment. After discussion, the Board recommended that the Quantum Park site be developed rather than Meadows IINautica site because of the following: Quantum Park Site . This site will be developed as an "eco" park based on the natural elements and the opportunity for environmental education that the City currently does not have in the parks system. . This site is considered to be a community park, as defined in the Recreation and Parks Strategic Plan, which will serve a 3-mile radius of residents; however, because of the uniqueness of an "eco" park in the City, it will serve the entire City as a destination park. . This site is a link and destination point in the City's Greenway Master Plan. . The site will serve as a trailhead for a "blueway", or water based use in the Greenway Master Plan. . The site can be built in phases. . The site will be eligible for numerous grants and will be an ideal project for support by the Boynton Beach Community Foundation. . There are opportunities for developing partnerships with the area schools and universities that have an environmental education curriculum which could include education, monitoring and maintenance. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Meadows IINautica Site . This site is considered to be a neighborhood park which will serve a l'o-mile radius, . Within a 3/4 mile of this site, there are two public parks (Meadows and Boynton Lakes Parks) and two private parks ,",'hich can be used by the homeowners of the surrounding neighborhoods, . Grassed areas are more costly to maintain than natural areas, Development of this site would require additional manpower and equipment or contract maintenance, . There are no opportunities for grants for this type of park. lnterest for the development of Quantum Park as a passive park has been expressed from the residents of the Parks ide development adjacent to the park. As customary, staff would hold public meetings for either park to obtain feedback, Attachments: . Exhibit A - Letter from Recreation and Parks Advisory Board recommending development of the Quantum Park site . Exhibit B - Minutes from Recreation and Parks Advisory Board of September 22. 2008 regarding discussion of the development of both sites . Exhibit C - Minutes from the City Commission meeting of August 19, 2008 regarding consensus to proceed with the Meadows IINautica Park development . Exhibit D - Minutes from the Recreation and Parks Advisory Board of July 23,2007 regarding David Katz's request for development of the Meadows IINautica Park site . Exhibit E - Minutes from Recreation and Parks Advisory Board of September 26, 2005 of Angela Budano's request for development of Quantum Park and David Katz's request for development of Meadows IINautica . Exhibit F - Aerial view of Meadows IINautica Park site . Exhibit G - Benefits of Development of an Eco Park and Conceptual Plan for Quantum . Exhibit H - Map of the service area of the parks which indicates the service area for the Meadows llNautica and Quantum sites . Exhibit 1 - Cost estimates for both sites . Exhibit J - Potential funding sources and partnership opportunities PROGRAM IMP ACT: Quantum Park Phase I would consist of the development of a trails system, restoration of the natural landscape, rock garden, picnic area, lake, playground, restroom and parking area, This should have minimal impact on parks operations since most of the park will be natural vegetation. It is anticipated that the maintenance of the Quantum site would require approximately lOman-hours per week. Future development may include a nature center, interpretive exhibits, arboretum and kayak/canoe launch which will require more staff. It is anticipated that some of the future staffing needs will be met through volunteers. Development of the Meadows llNautica Park site, as desired by the surrounding residents. would consist of 9 acres of grass and would require approximately 22,5 man-hours a week to maintain. FISCAL IMPACT: Quantum Park, Phase 1 is estimated to cost $726,500 which includes design, site preparation. restoration of natural vegetation and landscaping, development of trails, rock garden, picnic pavilion, playground, restroom. parking, fencing and utilities. No additional equipment or personnel will be required in Phase 1. Annual maintenance cost will be approximately $8,500. Future development will depend upon funding and could include a butterfly garden, arboretum, botanical garden, kayak/canoe launch and nature center. Development of the Meadows IINautica site will cost approximately $660,000 for design, site preparation, sod, imgation, restroom and trail. Although the neighborhood has expressed a desire not to include a restroom, the City's land development regulations will require the construction of a restroom which will cost $140,000. Maintenance of the site by City staff will require the purchase of additional maintenance equipment for an estimated cost of $10,000 and annual maintenance costs of approximately $12,500. Manpower needs are estimated to be 22.5 hours per week; however, the existing maintenance staffing levels are not enough to maintain this additional acreage so additional staff would be required, Due to the current budget constraints and the loss of two vacant parks maintenance worker positions, maintenance for this site cannot be SIBULLETINIFORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM absorbed with the existing staff and budget. Contract maintenance would be between $18,000 and $40,000 per year. Additional costs would be approximately $8,500 for fertilizer, irrigation repair, custodian, etc. annually. The Park Impact Fee fund currently has a balance of $4,470,674. The Commission has approved $2,400,000 for the replacement of the boardwalk at Oceanfront Park from these funds which leaves a balance of$2,070,674. ALTERNATIVES: . Alternative #1 - Development of the Meadows IINautica Park site using $60,000 in the FY2008/09 CIP funded with Park Impact Fee funds and $600,000 to be allocated to the FY 2008/09 CIP using Park Impact Fee funds for a total of $660,000. . Alternative #2 - Development of Phase I of the Quantum Park site using $726,500 to be allocated to the FY 08/09 CIP using Park Impact Fee funds. This is the recommendation of the Recreation and Parks Board and staff. . Altern't;~e #3 - Not to develop elth<< site" this time. ~ / .- A' / H d' S'C'M ' S' ' . epartment ea sIgnature Ity anager sIgnature Assistant to City Manager ~ Recreation and Parks Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC '" n\-' .c:",~, n ~f! [, nl ' , ~ I, ~= I' 1/ ,ce, '~,' n C", ',i I, " ',: ~ \'-..0 ---, J U ~,'- ,:" 11i ~ September 29.2008 Ni ~ I 3m '~ l 1 Kurt Bressner, City Manager L ('\TY IY1P'Nt,r,cR'S ncr,r': City of Boynton Beach ,_" , ,4".] l_ , . -.-- --- ------"".- 1 00 E. Boynton Beach Bvld. Boynton Beach, Florida 33435 Dear Kurt, At the August 19 City Commission meeting, Commissioner Ross expressed concern regarding the needs of residents in District IV and the lack of park and recreation facilities. At the meeting it was suggested that funding to develop the NauticalMeadows park site was available through use of the Park and Recreation Facilities Impact Fee fund. The Recreation & Parks Board respectfully requests that the City Commission consider developing the Quantum Park site instead. Our board meeting in August involved a tour of various parks and park sites, including those in District IV. It became evident to the Board that our community would be better served by developing the Quantum park site, which is also in District IV. The Board acknowledges that it would be more expensive to the fully develop the Quantum site, but this could be done in phases. The Board also considered that development of the Quantum park site, if it were to move forward, would be eligible for several grants and alternative funding sources. Development of this site creates exciting environmental education opportunities, it is bordered by potential "greenway/bikeway" and "blueway" corridors, and it has a very broad service area. Residents who support the development of Nautical Meadows park site have made it clear that they want a very passive park with no parking, lights or restrooms. Obviously. this would only serve those who could walk to this site, and this would be a project with very limited alternative funding opportunities. At our meeting in September, staff was asked to prepare a letter on the Board"s behalf to the City Manager requesting that our recommendation be forwarded to the City Commission. Please let us know if further correspondence is necessary. Sincerely, _",.1'" '" " ~ "', \) \)./):' - {'(~ (~. ~.> .ie'1 '~2 ~-J> fW C'I I ,-- "'...'..-"~ ~.,,:, ,'_/\ '~~ , ,,' -, Elizabeth Pierce-Roe, Chairperson Recreation & Parks Advisory Board City of Boynton Beach C: Recreation & Parks Advisory Board Lori La V erriere, Asst. City Manager Wally Majors, Recreation & Parks Director EXHIBIT B Meeting Minutes Recreation and Parks Advisory Board Boynton Beach, Florida September 22, 2008 The permitting process for Boat Club Park was close to completion, with minor comments to be addressed. Thereafter, bids would be solicited. The permitting process had been completed for Congress Avenue Community Park. Seven contractors had been shortlisted and quotes were anticipated. Mr. Majors reported Mayor Taylor announced at a City Commission meeting that County Commissioner Kanjian was desirous of allocating funding for a project in Boynton Beach. It appeared the Commissioner was enthusiastic about the Congress Avenue project. Chair Pierce-Roe requested additional benches be placed in Boat Club Park directly before the boardwalk. Mr. Majors noted this could be accomplished. He noted major improvements had been made to the building. Ms. Rivers noted the playground equipment would be replaced. Several groups, including the Coast Guard Auxiliary, Fishing Club and Boys Club, met at the Clubhouse. V. NEW BUSINESS A. New Park Development Mr. Majors reported the City Commission recently indicated funding might be available to develop a park in the northwest quadrant of the City. Ms. Rivers identified funding sources which included the Land and Water Conservation Fund, Florida Recreation Development Assistance Program (FRDAP), and potentially the South Florida Water Management District (SFWMD). The current Greenway-Blueway Plan provided for a water connection that would link the property to the Quantum, Winchester, FP&L and Girl Scout sites. There was also the potential to extend some of the trails by working with the Quantum group that owned the adjoining conservation land. In comparing the Quantum and Winchester sites, Mr. Majors believed Quantum provided greater options. One site had more of a nature feel, while the other more of an urban setting. Mr. Majors noted there were no eco parks in the City, although there were scrubs. It was believed the scrubs would be the most ecologically challenging. Mr. Majors indicated his interest in obtaining feedback from the Quantum residents. Early indications were there were a good number of opportunities for this type of park. The residents in the Meadows/Nautica area had requested an ultra-passive park and as such, there would be little public gain from a grant standpoint in terms of the two projects. Funding was imperative, in terms of development and maintenance. Ms. Rivers pointed out mowing was the most time-consuming and expensive element in maintenance, requiring fertilization and irrigation. The MeadowsfNautica residents indicated an interest for a low-maintenance type of park with little or no irrigation. Any 6 Meeting Minutes Recreation and Parks Advisory Board Boynton Beach, Florida September 22, 2008 type of grass would require irrigation. Chair Pierce-Roe indicated her concern that the residents of Meadows/Nautica did not want to include any development that would encourage other citizens in the City to visit the area. The Board liked the Quantum site with its natural habitat and walking trails, and had received public support for its development. They also believed it would be easier to obtain grant monies for the Quantum site. The Board concurred it would be preferable at this time to develop the Quantum site rather than Meadows/Nautica, and directed staff prepare a letter to the City Manager to that effect. The letter would be signed by Chair Pierce-Roe. B. Needs Assessment Ms. Rivers noted the telephone portion of this year's needs assessment had been completed. A consulting company randomly surveyed 400 City residents. The results were broken down into categories for individuals aged 18-39, 40-59, 60-69 and 70-plus. Another category was established for individuals aged 18-59 and 60-plus, which determined a strong need for youth activities if the senior element was omitted from the survey, and a strong need for senior activities if the younger element was omitted. A list of 12 of the City's more frequented parks had been provided to respondents. Results revealed 75% of the respondents could direct individuals to Oceanfront Park, 72% to Intracoastal Park, 60% to the Senior Center and 55% to the Art Center. Thereafter, the results fell below the 50% mark in directing individuals to the Tennis Center, Boat Club Park, Ezell Hester Center and Meadows Park. While Meadows Park was frequented regularly, only 38% of the people surveyed could direct individuals to this park, indicating enhanced marketing was needed. It was noted Oceanfront Park was regional in nature, while Meadows Park was more of a neighborhood park. Ginny Shea, of Recreation and Parks, had recently completed the annual marketing plan update, and Web-TV and BBTV would be utilized to market the parks. It was noted staff was currently in the process of developing 30 or 40-second marketing segments. A new feature was noted on the City's website providing individuals an opportunity to sign up to receive informational e-mails on subjects of interest. The individuals surveyed were asked whether there were sufficient recreation opportunities for each of the six age groups. The respondents felt there were sufficient facilities for seniors and children, but not for young adults or teens. Adults and seniors believed teens loitered and should be provided with activities. It appeared teens were unaware of the various programs offered by the City. It was noted 37% of Boynton residents had participated in Recreation and Parks Department programs which included organizing team sports, individual sports and physical activities. Staff's goal was to achieve 50% participation. 7 Meeting Minutes EXHIBIT C Regular City Commission Boynton Beach! FL August 19, 2008 Motion Commissioner Ross moved to table Item III.C.2. Commissioner Ross seconded the motion. The motion passed unanimously. (The following item was taken out of order.) IX.B. Provide direction regarding future action plan for construction of a new Police Administration Building on City-owned property at the corner of Gateway Boulevard and High Ridge Road and the sale of bonds in the am.ount of $2SM to fund this project. Mr. Bressner reminded the Commission that as the budget got tighter; it would be his recommendation that other larger projects be held in abeyance and the police facility given priority. Construction of Fire Station #5 was ongoing at the proposed site that was designed as a safety complex. He noted the proposed State legislation requiring Green Code compliance would necessitate a higher cost as would the addition of a parking deck, for a total estimated expenditure of $31M. The City had bonding capabilities in the range of $2SM to $28M. The original capital plan was to borrow $2SM if the project would be brought in under bid and still take advantage of lower bidding prices. Currently there was $2..9M budgeted for Phase 1 of the Boundless Playground with the cost of the project being funded by creation of the Foundation. If the police facility project went to $31M, the funding for the Boundless Playground and beach project would be jeopardized. The Recreation and Parks budget has $4M available for parks. The Oceanfront Park project has an estimated cost of $2.4M which could be funded from Recreation and Parks available funds. Alternative funding scenarios were discussed. Mr. Bressner stressed many projects had been completed over the last ten years. He felt it was necessary to move forward with the police facility construction and the beach project, but to continue to strive for the completion of the Boundless Playground project. The three funding options were as follows: .:. Proceed with building the police facility assuming the cost of $25M, with the Green Code compliance adding 10%. .:. Proceed with the $31M and adversely affect the other capital projects, adding 10% for Green Code compliance .:. Investigate other independent financing and near term debt requirements. Vice Mayor Rodriguez clarified that the public service tax money of $1.8M was debt service. Commissioner Hay developed the fact that other park projects such as the Nautical/Meadows Park, \^/inchester Park and Optimus Park would be delayed, all vvithin Commission District four. Mr. Bressner pointed out the increase in the bond issue above $28M would cause an issue. Vice Mayor Rodriguez supported building the new police facility! but felt with value engineering 3 Meeting Minutes Regular City Commission Boynton Beach, FL August 19, 2008 -"~---~--_.__...., - and a decrease in the square footage, the building should be brought in at the $25M figure to keep the bond issue at $28M. Mr. Bressner indicated the new Green Code implications were an issue and the building would be one of the first to comply with those regulations. Commissioner Hay agreed with Vice Mayor Rodriguez with the caveat that the Heart of Boynton and Ocean Breese projects continue also, Chief Immler advised the anticipated growth in personnel would be approximately 40 officers over. the next ten years, for a total of 200 officers. Commissioner Weiland also wanted to move forward with the police project. He did raise the question regarding storage facilities for vehicles. Chief Immler explained cars involved in fatal accidents were required to be kept in storage until all civil and criminal proceedings had concluded, which could be 10 to 15 years. Either a new storage facility would need to be built or the tow companies could store the vehicles on their lots, Commissioner Weiland agreed the police facility should move forward as well as the public beach project, with the Boundless Park put on a temporary hold. Mayor Taylor suggested proceeding with Phase 1 of the Boundless Playground as the $2.9 M had already been budgeted for that segment. With the $4M available in the Recreation and Parks fund, $2.4M could fund the beach improvements and $600,000 could be used to develop that Nautica/Meadows Park, leaving a balance of $11'-1. Mayor Taylor did feel the police facility should be built at the 81,000 square foot size utilizing alternative financing and interest rates to obtain the $35M. He felt a challenge to the Green Code mandates may be appropriate. Mr. Bressner suggested another option may be a lease to own situation with a developer. Vice Mayor Rodriguez offered the option that. a basic price point could be used and specifics provided how that could be funded either with a bond issue or a bank financing project. Mayor Taylor wanted the City Attorney to investigate challenging the Green Code unfunded mandate and any alternative financing available with a bank loan. Vice Mayor Rodriguez challenged the City Manager to build a 81,000 square foot facility at the $25M price range, Mayor Taylor agreed. Commissioner Hay questioned if police substations throughout the City had been considered as an alternative. Chief lmmler contended substations were not cost effective and were not a deterrent to crime. Mayor Taylor declared there was consensus to move forward with the 81,000 square foot police facility to be built at the $25M price range plus incorporate the 10 percent Green Code mandates. Commissioner Ross remained concerned with the needs of the residents of Dist,ict four and the lack of park and recreation facilities. Commissioner. Weiland pointed out additional park and recreation fees would be gained as new construction continued. Other projects would be developed as the revenue stream increased. Mayor Taylor declared there was consensus to proceed with the beach project for $2.4M and proceed with the Nautica/Meadows Park project for $600,000. 4 EXHIBIT D Meeting Minutes Recreation and Parks Advisory Board Boynton Beach, Florida July 23, 2007 Mr. Majors was negotiating with a firm for installation of a boardwalk at the beach. They had related activities with the trellises and a contractor was on board for the lights. Additionally they entered negotiations to do public restrooms at Boat Club Park, all with county money. Mr. Majors hoped to do the pavilions and if they could stretch the money out further, they would upgrade the landscaping and fishing. Mr. Majors explained it would take a full time individual to manage just the construction projects. Mr. Majors announced the tennis pro at the center was gone as of October 1 and the City was 'also losing a senior manager, He advised the board existing staff would have to cover and absorb those losses. The department was considering whether the City wanted to contract out services such as lessons, organizations and activities, such as the tennis programs, and was evaluating all options associated with the center. Youth could be served through a contractual agreement similar to the ones used by Wellington, West Palm and Delray Beach, who contract their services out Boca Raton had a salaried tennis professional, but it was thought the City would have to make p.we dO with what they presently have. Chair Pierce-Roe noted in the past the City had problems trying to staff the pool. She asked if the Aquatic Director was going to need certifications. \ Mr. Majors responded they could direct someone to become certified and use beach staff and other resources to pull from. Mr. Majors noted the department could not guarantee people jobs and Chair Pierce-Roe explained in the past it was stipulated that the department would train employees to work in their facility, so they don't have to pay fees for the certification. There was in-service training for six months to a year. He anticipated having lifeguards who have experience, and they would see how it goes from there. An Aquatic Supervisor was needed to recruit staff who could devote time to just the pool. Mr. Majors reported David Katz was present to discuss a park site in the Meadows. He further informed the board they had funding in the Capital Improvement Budget to develop those park sites for design, planning and in the next fiscal year, then the construction and development of the park the following year after that. He noted with any of the parks, the board would be engaged and they would hold community meetings. David Katz, 67 Midwood Lane, had a letter for the board, but first prefaced his comments by indicating he was the liaison and the community was interested in having a passive park adjacent to the Windemere/Meadows. He read the letter into the record as follows: ) 3 Meeting Minutes Recreation and Parks Advisory Board Boynton Beach, Florida July 23, 2007 "Dear David, A: the June 5th Board of Directors meeting, it was agreed by tne all board members to appoint you as liaison of the 300 Property Owners Association regarding the resurrection .of the City Plans for creating a passive park site on the lot adjacent to Windemere in the Meadows. This letter will serve as your appointment authorizing YOJ to obtain information regarding this matter, which must be provided ,to the boarc for review and discussion, Thank you in advance for your help." The letter was signed by Sue Daniels (Property Manager) 300 Property Owners Association. Mr. Katz explained the 300 Property Owners Association was the master association for the Meaoows. Mr. Katz had a second letter from Nautica Sound Homeowners Association requesting a pa rk be constructed, which he read. A copy of the letter is attached to the meeting backup, This letter was similar in nature to the letter from the 300 Property Owners Association. Mr. Katz thought the more parks the better. ~e announced the mangroves <l coalesced the communities~ He advised the Meadows ha been in existence since 1992 . with the dedicated park si e. Now people are aware of budget cuts and rollbacks, but they felt it was unacceptable to not have the parks because the money was coming in for the park all these years, yet nothi~one. Peopie were currently using it for AT"/'s. Soon they would be going into 09 a d the property would still be vacant after 17 years. He explaIned the Meadows p' fair share of taxes. The property owners , felt it was time the land would be developed, hopefully faster than two years. There were no questions from the board. Mr. Katz requested Mr. Majors or Ms. Rivers keep him informed. Mr. Majors explained the workshop in August was coming up, and that was the first step to take. He invited Mr. Katz to attend the workshop. t/lr, Majors explained towards the end of the fiscal year, they would be engaging a consulting engineer and an RFQ, Once on board, they would go from there. Mr. Katz explained they were not looking for a fancy park, just a simple easy and natural parK. Mr. Katz had a sketch at his home of something they were looking for and he would deliver that to Mr. Majors. He explained there was a natural dividing line consisting of shrubbery on the park lands. He thought the shrubs could remain and perhaps a walking bridge be added. Ms. Rivers explained the department liked to start with a blank slate and that was the purpose of the community meetings. The department tried to design parks, but determined they needed an engineering firm. Subsequently, they build ::eams to develop parks and the teams are thorough. Mr. Majors cautioned that parKing for the parks was a land development issue and in the past, if parks did not follow the C~de requirements, there were appeals and other issues that needed to be addressee because the land development regulations reqJlre certain facilities and infrastructure to be in pl3ce, The park coule not ne';J3tiveiy irnpo(..:. the surrounding commurJitYr and parking, restrooms and lighting were three things inclucied in park designs. fvJr. 1"1ajors , 4 Meeting Minutes Recreation and Parks Advisory Board Boynton Beach, Florida July 2.3, 2.007 also explained once the facilities were in place, the City would be the entity who maintained them. B. Public Art Update Ms. Rivers distributed a handout and explained the City was creating an Art Walk. Ms. Rivers noted this project was coordinated by Debby Coles-Dobay, Public Art Administrator. Another item discussed was the art piece for the Veterans. 'The Veterans received p~rmission to put the new Veterans Memorial at Bicentennial Park and the Eternal Flame was no longer the selected piece. The Veterans had decided they wanted their own art piece and approached the City with their selection as opposed to a public art piece to be commissioned for them. This would be a multi-pronged effort that would involve the Arts Commission and the Recreation and Parks Board. They would also be asking to have the plaques currently located at Intracoastal moved to Bicentennial Park. Mr. Majors noted Bicentennial was a more active park and Veterans Park was more reflective. Ms. Rivers explained the Sims Center received very good press coverage about the Carolyn Sims Memorial. V. NEW BUSINESS A. Ezell Hester, Jr. Community Center and Park Mr. Majors explained they would like to tour the center and would move this item to the end of the agenda. B. Monthly Report There were no questions or comments on the monthly report. C. Items for the City Managers Attention Mr, Majors informed the board the City Commission considered a paintball activity in the City. The consensus of the City Commission was it would not send the type of message they would like because it requests a player to eliminate their opponents with an object that resembles a gun. He advised the board is receptive to citizen suggestions and the board gave the activity its due consideration, but the final decision rested with the City Commission. Additionally, it was discovered there was paintball at Quantum Park. S Meeting Minutes EXHIBIT E Recreation and Parks Board Boynton Beach, Florida September 26,2005 Ms. Winters inquired how people would know that they could request a name for a City facility. Vice Chair Orlove did not think it was this Board's responsibility to inforTT'1 residents they could recommend names for City buildings. A lengthy discussion took place on the process of naming buildings or other City locations after people, Mr. Majors noted a contest was held when a name was selected for "Pond B," but this was done before the City put a process in place. Mr. Majors, as well as Mr. Williams, will contact Ms. Rahming to let her know the Board is contemplating her recommendation for the Intracoastal Clubhouse, but needs more support and background on Mr. Wright. B. Quantum Park Siterrhe Gardens on Spring Creek Ms. Angela Budano presented some handouts in conjunction with her PowerPoint presentation that included areas she visited as follows: The Gardens on Spring Creek in Ft. Collins, Colorado1 the Cheyenne Botanic Gardens in Wyoming, and the Art School at Colorado State University. The intent of the presentation was to demonstrate various uses that could be introduced to the Quantum Park Site owned by the City. Ms. Budano reviewed the sites visited and the various uses at each site. All kinds of groups utilized the sites, and at one site there were youth groups performing community service. Ms. Budano spoke on how the parks were sustainable and able to generate funds to operate. Many parks had naming opportunities that generated income and the buildings at the sites were built to be energy efficient. Also funds were generated through bonds, grants and private donations. The Gardens on Spring Creek have a greenhouse that was accessible to everyone. Also there were places for meditation and repose. Individual plots were available for people wanting their own plots for gardening. Most sites were handicap accessible. A peace garden was located within the Cheyenne Botanic Gardens. Many sites had lakes and ponds that Ms. Budano thought could be added to the Quantum Park site. Also, people volunteered to help with the upkeep of facilities. The park could also be used for educational purposes for all ages of students. Ms. Rivers commented that the park had no boundaries and was free form. Ms. Budano pointed out that all these amenities were located on nine acres that could be easily achievable with the Quantum Park site. Having a park of this quality would be open to public art and in one park the garden was designed specifically for public art. Examples of public art vvere pointed out. These parks encourage community pride and demonstrate responsible planting. The Gardens on Spring Creek has 40,000 visitors each year and is able to provide the flowers grown in the greenhouse for all City properties. 6 Meeting Minutes Recreation and Parks Board Boynton Beach, Florida September 26, 2005 The project at Colorado State University was done through a grant and was designed by a student. Ms. Sudano pointed out that the grass was also designed so that people in wheelchairs could lean over and feel the grass, which is an experience that a non- handicapped person would take for granted. An art garden was designed by one of the students that was a wonderful attraction for the park. Ms. Sudano thought that many of the ideas illustrated could be achieved in the Quantum Park site. Ms. Sudano concluded her presentation and hoped it had instilled inspiration in the Board to recommend moving forward with this project. Ms. Budano has been collecting brochures to determine entrance fees, membership fees and fundraising activities. She is studying horticultural therapy, which is taking therapy into the garden. She thought a good place to start with the garden would be with youth at risk. She has spoken with Ben Bryant who is in charge of the MAD DADS program in the schools, Mr. Bryant was very enthusiastic about the project and the vocational applications of the gardens where students could be educated to be arborists, etc, Ms. Budano also spoke to Ed Chase who is with the County's Legislative Delegation and State Representative Mary Brandenburg about funding. She was informed that she could apply for a Community Budget Issue Request. FRDAP funding could be sought once the current FRDAP grants have been completed. Mr. Katz pointed out the availability of County (Recreational Assistance Program) funds. Mr. Majors said County RAP funds are a good source of funding and the County Commissioner in that district would have to be determined. Members thought that Warren Newell would be the County Commissioner for that District. Mr. Majors said if the Board liked the concept presented by Ms. Budano and felt it was a viable alternative for the Quantum Park site, the next step would be for the Soard to endorse it to determine if it could become part of the City's plan for future development. Chairperson Pierce-Roe pointed out the proximity of the site to Boynton Beach High School. Since students must perform a certain number of hours of community service to graduate, the park would be accessible for this purpose. It is close enough to the school to provide a great teaching experience by introducing students to this kind of environment. Ms. Budano was going to be joined at tonight's meeting by a woman that worked at Home Depot and had operated a children's garden in Boston. She has a Bachelor's Degree in Horticulture and a Master's Degree in Entomology and is very interested in th is project. r.hairnpr~nn Piprf"P-Rnp notprl rl"ring prpvin, '5 rl;5t"uc:sinn5 tho Roard Nis"'ussed ha"i,.,,.. -.. ,-.--..' .-.......,- . -- I -_ __.. _ __ 'lIooC1 ..., "'" '-'.. LI'\wI'....., \.AI V 1 YI'I~ a bamboo entrance at Congress Park. She thought that some of Ms. Sudano's ideas could be introduced at Congress Park as well. Ms. Rivers announced that four landscape architectural firms would be on contract by the City to use on an lias needed" basis. One of those firms would be selected for Congress Park. After staff receives input 7 Meeting Minutes Recreation and Parks Board Boynton Beach, Florida September 26,2005 from all the focus groups, the findings would be brought back to the Board, Currently staff does not know what the concept for this park would be. Mr. Majors felt if the Board liked Ms. Budano's presentation for an intended use of the Quantum Park site, it would be beneficial if the Board endorsed the concept. This was a great opportunity to introduce something very new and unique in the City. Chairperson Pierce-Roe would like to have all City parks have some type of boundless equipment so all parks would be accessible to everyone. She thought what Ms. Sudano was introducing was new and would be suitable for the Quantum Park site. Motion Ms. Thomas moved that this Board should encourage Ms. Budano to continue with her ideas to bring new activities and projects into the City. Motion seconded by Ms. Hammer. Mr. Williams felt this would be an excellent opportunity for students during the summer months. Vice Chair Orlove inquired if the Quantum Park site was included in the CIP budget. Mr. Majors stated it was in the plan several years away. Vice Chair Orlove inquired if there were grants available. Ms. Budano responded there is a great deal of funding available through the juvenile court system for these kinds of programs. They encourage communities to pursue them. Vice Chair Orlove also felt seniors would benefit from the site and he thought grants were available through the Department of Senior Affairs. The activities offered at the site could also become part of the City's senior programs. Ms. Budano responded that the facility would be inter- generational. She already spoke with the City's Grants Coordinator, Debby Majors, for funding sources and there are a great deal of grants available for inter-generational programs. However, Ms. Budano cannot move forward until she has something tangible to discuss. Ms. Rivers added that Ms. Budano needed to have a marketing plan and master plan before she could seek funding. Vote The motion carried unanimously. David Katz informed the Board he was a resident of the Windemere section of the Meadows. Previously, Mr. Katz had met with the former Parks Superintendent, John Wildner regarding the City's plans for the vacant piece of land between the Windemere section of the Meadows and Nautica Sound. At that time, Mr. Wildner informed him there were no immediate plans for this site, but eventually the property would be used to build a park similar to the one in Boynton Lakes and would cost around $750,000. Mr. Katz reported at their last homeowner's meeting, the Master Association for the entire Meadows asked him to watch what the City would be doing with this property. The Meadows would like to see this property developed as an ultra passive park with no structures. They would like a meandering path that would not require sod and to leave 8 Meeting Minutes Recreation and Parks Board Boynton Beach, Florida September 26, 2005 the site in a natural state. He pointed out a lot of wildlife live on the site. They would like to see the property heavily planted with native trees and benches made of recycled material for sitting in shaded areas. They are opposed to having any parking, gazebos, or any structures on the land. If the land were not sodded, there would be no need for an irrigation system. Chairperson Pierce-Roe felt it would be very hot walking through the park without any kind of shelter. She pointed out it would take many years for trees to mature to provide shade for benches that people would be sitting on. Mr. Katz was not opposed to Nautica Sound introducing gazebos and parking on their portion of the land, but the Meadows did not want it on their side. Vice Chair Orlove inquired how people would access the land on the Windemere side of the park since a canal divides the property. Mr. Katz stated they were not opposed to having a bridge across the canal. He also pointed out that the Meadows has their own recreational amenities, plus a City park. C. Monthly Report Included in the agenda packet. D. Items for the City Manager's Attention None VI. Discussion None VII. Next Meeting: October 24, 2005, 6:30 p.m. at the Senior Center VIII. Adjournment There being no further business, the meeting properly adjourned at 8:15 p.m. Respectfully submitted, 4fJ.~1-L. /h.. Ii\.. ((~~ Barbara M. Madden Recording Secretary (October 6,2005) 9 " - ---------,...---' j ---"-" CP -'0 -a \\ -z,. -.;,....--_.- Q '1'\ I, or; r t'""' " 01 :. .... fll <. CJ t\ .. j. \ ..~I -. --.,,,' \ ~,'-- .' :m~ :\ _Jl ;...- io,-' ::.:.\-~ l--~\ ,1_ \1"" t~ i - F \ . ! ,F , .' .'\ .1 i..- -~ -p- - \ :-,~ ~ \ -\ ;- --. ...", ... I -"; \ ... \ I' \ .'" I -,~ .. :~1"~~..'1"'''''' "' ,~Zt.;jlf ~~ ,,"c..' ...::.,.~-"'.. <~.,. ,,'. ~*,. , "~~' 1 ' '~...~ .)i ~" '9 'i \ / ''4,..} :- 'il" t ,W'~ .. " ~ /' ~ 4-.....j"'t~'-',~ -~\ EXHIBIT G ;j';: , I ~"i;i'~~~T;:~::,~ ,~~lt:~' ~~~.....~, ~'" - - ~-""'-~ - '. - - ~ " . - - -- - ~ ._ "_ .....,.~_..,,""=O-.~.._~'" _ . - -- - - - - _"":.. ----- ~-- ~ ~ - - .~-._. ... - ...d. .A ___.,-" _ _-=0..; __ -~- - Q(J~HJ'j_'2;..D.K ,. ,''', 1 "'\" ',';,,' .,_:', '.. '>. _" e_ ,~1.(~:.; ...... ,,-,.:\1;' _ ...:<< ,',;.'.:: _ ,;. : '. _ - "- m;'-\-,:: , :-':"~::"\C'.." :;'.: ,':,:,::';,:" ~" ". ~::'.>( l:':~;,,;}~:::,:':?::' <"'7~%'~!i;~F::;, St:~~~,:::::",;>:<;','::;:::'<;\::-;~:: "i~;:,;:,;:.,:::;';;:,~:_;:::.. -:\l::<~,~.;t., 'if}':\-'"':, ,,>; Ecotourism is a form of tourism that appeals to ecologically and socially conscious individuals. Generally speak- ing, ecotourism focuses on volunteering, personal growth, and learning new ways to live on the planet. It typically involves travel to destinations where flora, fauna and cultural heritage are the primary attractions. Responsible ecotourism includes programs that minimize the negative aspects of conventional tourism on the environment and enhance the cultural integrity oflocal people. Therefore, in addition to evaluating environmental and cultural factors, an integral part of ecotourism is the promotion of recycling, energy efficiency, water conservation, and creation of economic opportunities for the local communities. Benefits of Development as an Eco Park Recommendation: To develop the Quantum Park site as a nature!eco-friendly community park. Amenities could include: Nature Center Nature Trails Interpretive Exhibits Gardens (Rock, Butterfly, Botanical) Arboretum Picnic Area Lake Play Area Kayak/Canoe Launch . Services a 3-mile radius; however, because of the uniqueness ofthe development, will service the entire City as a destination park. . Acts as a trail head for the blue way system . Will be a link and destination in the green way system . Will be an environmental education opportunity, especially for children . Can be built in phases . Will be an ideal park for support by the Boynton Beach Community Foundation 't.; l ': 1-' ;--.1 L.J . ..____..__, i L__: ! I , 1 l...______~_____.! - --.--- ~._--~ - -- EXHIBIT I MEADOWS IINAUTICA PARK Cost Estimate Site Pre aration 30,000 Sod 90,000 Irri ation 150,000 Trail 85,000 Tree Removal 30,000 Foot Brid e to Connect Two Areas 40,000 Restroom 140,000 Contin enc 35,000 EXHIBIT I QUANTUM ECO PARK Cost Estimate Site Pre aration 200,000 60,000 Landsca in and Restoration 500,000 150,000 Trails 80,000 45,000 Picnic Pavilion 60,000 30,000 Pia round 50,000 50,000 Parkin 50,000 50,000 Fencin 75,000 75,000 Utilities 500,000 50,000 Restroom 140,000 140,000 Butterfl Garden 10,000 Arboretum 20,000 Wetlands 50,000 Botanical Garden 20,000 Nature Center 2,000,000 Ka ak/Canoe Launch 10,000 Rock Garden 10,000 Lake 100,000 Contin enc 38,750 6,500 70,000 10f*I'~; ",,,,, "it", , EXHIBIT J Potential Funding Sources and Partnership OPf.o- .Jnities for Quantum Eco Nature Community Park ,iIBIT Grant Opportunity Funding Agency Maximum Award City Match Florida Recreation Development Assistance Prog~~Jf~J?A!'Ln Florida Dept. of Environme~_~1 Protection - ---~-_._-- - ------~ 200,p.oO - 2Qg..oOO Cultural Heritage an~Nature T~ur~fll grant Progr~m_n_ _ Florida Commission on Tourism 5,000 ~O ____________.__ __.____n___ _._____u -- _._-_.,~- _u- Land and Water Conservation Fun~.1~WCF) ----- Flori<!~lQept. of En"ironmental F'rCJ!ec!o~ _ ~._---- -- __~ 200,000 ~.---- 200,000 Urban and<::~m~u_nityForestrygran.L ____ ---------- -- Florida Dept. of Agriiculture and Consumer Services ~ -- !~,QQQ _____~5,g()g RecreationaIT~i~)r~gJ"Clm ---~ - ~orida D~Lo~ Environmental Prote,<:tion/US gept. of Transportation_n_ ---- ~~-,-OOO - _~(),OOO Lowe's Charitable and Educational Foundation Lowe's Foundation _____~5,OOO 0 --.--.--.-- -.-.- -- - --- ---.- Home Depotc;~rT1..~urlity Impact Grant ~ Depot Foundation 3,000 0 -- ~-~- ----- ~-----'-'- t------ .- ~ ----~--'----- - --- L- - --.-- -------.- Grants can be~~ec!~I_~n9.with City funds to leverage_ClC:I~itiqr:1al funding. 'n _~___ _ --.---' ~ It is also suggested that the City explore parnerships with outside agencies such as Palm Beach County Convention and Visitors Bureau, Palm Beach County School District, Quantum Developers for the use of their preserved land and Florida Atlantic University which is now offerinQ a Master's DeQree in Environmental Education. Prepared by Debbie Majors, Grants Coordinator 1 0/29/08 IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM C AGENDA ITEM REQUEST FOR!\... 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 0 August 19,2008 August 4,2008 (Noon) o October 21,2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 18, 2008 September 2, 2008 (Noon) [81 November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15,2008 (Noon) o December 2, 2008 November 10,2008 (Noon) 0 AnnouncementslPresentations [81 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: To accept staff report on meeting with local tow vendors and provide policy direction to staff for future tow contract model. EXPLANATION: At the August 19,2008 Commission meeting the City Commission directed staff to meet with local tow vendors to come to a consensus regarding two specific provisions for a future tow contract, namely: 1) charges related to City fleet vehicle tows and 2) charges related to the storage of police directed (homicide investigation) tows. On October 15,2008 a publicly noticed meeting was held at the Intracoastal Park Clubhouse to which all registered tow vendors within the City were invited. Ten vendors attended the meeting. Discussion ensued and staff is pleased to report that a consensus was derived on both issues. It was agreed upon by all of the vendors present that should the City decide to continue on a rotation contract, they would be willing to provide free City fleet tows for vehicles up to 15,000 lb. gvw (gross vehicle weight), 24 hours per day, s~ven days a week. Additionally, they were willing to provide free road side service (flat tire, dead battery, etc.) for the same vehicles. After lengthy discussion on the storage issue, we all agreed to keep the storage provision the same in the rotation contract should the City continue to use a rotation model. The vendors provided staff with a couple of good alternatives to research to address our long term storage needs. Throughout the meeting numerous remarks were made by the tow vendors regarding "limited rotation". Several vendors remarked that they would be more likely to waive City fleet tows and storage fees ifthe tow contract had fewer providers. Staff polled the vendors as to their preference on the number of tow contractors that should be on a rotation contract: Their feedback is noted below: Drew Zuccala (Zuccala's Wrecker Service): Three to five Jason Blakely (Blake's Towing) - Three to five Steve Beck (Beck's Towing & Recovery) - No more than four Mike Damilio (Anytime Towing) - Anyone holding a business tax receipt should be included on the list Lee Dornot (L&N Towing) - Did not wish to comment Doug Faulkenbury (JD's Towing) - Five to seven Kevin Piller (Vrchota Corp.) - Two companies. The City should receive a franchise fee and towing free of charge. Craig Goldstein (Westway Towing) - One to two providers with a franchise fee and free towing for the City. David Floering (Eastern Auto Body & Glass, Inc.) - The list should be limited to six vendors Earl Scott (Scott Towing) - The list should be limited to six vendors S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMP ACT: Once a contract model is decided upon by the Commission, staff will prepare the necessary bid documents for advertisement of bids. FISCAL IMP ACT: Depends on the model selected. A franchise model would create a new revenue stream (potentially $100,000 - depending on level of competition); if the City were to remain with the rotation model and the new contract language included the provision that City fleet vehicles up to ] 5,000 gvw were towed free of charge, staff anticipates a savings of approximately $25,000 annually. A modified franchise model would generate income as well (similar to single franchise, but two vendors cost sharing the fee). The revenue would be dependent on the bids submitted. AL TERNA TIVES: At this juncture, staff is seeking direction from the Commission on which type of contract model to issue for bids. The alternatives are: ]) Continue with current contract arrangement - rotation basis - with/without restrictions on the number of vendors 2) Franchise - one vendor selected - highest bid 3) Modified franchise - more than one vendor - based on top two bids 4) Require minimum bids from vendors - either with/without a restriction on number of vendors A TT ACHMENTS: Exhibit A - Letter of invite to vendor meeting with attachment (8/] 9108 staff report to City Commission) Exhibit B - Minutes from tow vendor meeting - October 15, 2008 'j r 1r::~}}~-e/\_ .j.. -. -"-/ ,. l" '..., :.... ,/"'- -,;..:~:. ~ ''''': - .... ."1..._..... . , D(:;partment Head's Signature City Manager's Signature Assistant to City Manager ... C.J#1..-/ ------- Department Name City Attorney 1 Finance SIBULLETINIFORMSIAGENDA ITEM REQUEST FORM DOC . . EXHIBIT A The City of Boynton Beach OFRCE OF THE CITY MANAGER 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail.' laverrierel@ci.boynton-beach.fl.us www.boynton-beach.org September 30, 2008 Dear Towing Service Vendor: At the August 19, 2008 City Commission meeting City staff presented a report to the Commission outlining a variety of contract models for the Commission to consider in developing a new Towing Service contract. A copy of the report is attached. Currently, the City contracts with six qualified towing vendors on a rotation basis. The two year contract, dated 2005, was extended for one year, and is now under further extension until such time that a new contract is awarded. Two particular provisions of our existing contract were discussed at length: 1) charges related to towing of the City's fleet vehicles and 2) charges related to the storage of police directed tows i. e. vehicle homicides. After lengthy discussion among the Commission and staff, and input from several tow vendors, the City Commission directed staff to meet with our local vendors to develop a mutually agreeable understanding regarding these provisions. City staff has scheduled a meeting on Wednesday, October 15, 2008 at the City's Intracoastal Park Clubhouse, 2240 N. Federal Highway, from 10:00 a.m. to noon. We encourage you to attend so we can discuss these elements for the development of a future contract. We look forward to seeing you on the 15th. Please feel free to call or email me should you have any questions. My email address is laverrierel@ci.boynton-beach.fl.us and my office number is 561.742.6010. Thank you. Sincerely, c1dY'u~~ Lori LaVerriere Assistant City Manager C: City Commission City Manager IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FO~u Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinll: Dates in to City Clerk's Office Meetinll: Dates in to City Clerk' s Office ~ August 19,2008 August 4,2008 (Noon) o October 21, 2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18, 2008 (Noon) o November 5, 2008 October 20, 2008 (Noon) 0 September 16, 2008 September 2, 2008 (Noon) o November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15.2008 (Noon) o December 2, 2008 November \ 7, 2008 (Noon) 0 AnnouncementslPresentations r8l 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 RECOMMEND A TION: This item is brought before the Commission for discussion of a new towing service contract model. Staff is seeking policy direction from the Commission as to which model to use in developing a new towing service contractlbid. EXPLANATION: Staffhas researched alternatives models for the Commission to consider for a new towing services contract. The following is an overview of the options the tow committee considered viable when reviewing the history of our contracts, current market conditions and what other communities are doing. The tow committee comprised of Scott Blasie, Code Compliance Administrator; Carol Doppler, Purchasing Agent; Steven Weiser, Fleet Administrator; Sgt. Craig Anthony from the Police Department and Lori LaVerriere, Assistant City Manager. Currently: Our existing contract was awarded in 2005 to eight tow companies, all of whom had to be located within the City of Boynton Beach. The contract was a two year contract with a one year extension, expiring in March 2008. The contracts have been extended wtil a new RFP is awarded. Towing services are currently provided on a rotational basis. Non consent tows (accident vehicles) are rotated on a per call basis by Dispatch. Compliance (code enforcement) tows are rotated monthly and they are administered through the Police Code Compliance division. The City's contract closely mirrors the adopted Palm Beach Cowty rates for all class tows. The City pays 50% of the contract rate for towing our fleet vehicles and pays full contract rates for police directed tows and storage. In 2007 we paid approximately $24,485.00 in tow charges for our fleet vehicles and approximately $18,189.50 in towing and storage fees for police directed tows, such as confiscated vehicles or crime scene vehicles. Year to date 2008 we've paid $14,441.50 for fleet tows and $27,344.53 for police directed tows/storage. Alternatives: As we researched how other local government agreements were strUctured we found a number of municipalities require a franchise fee as part of their agreements. The attached spreadsheet (Exhibit A) illustrates our findings. Below are a few examples of various contract models available for your consideration: A. Firstly, the City can maintain the current contract arrangement which is on a rotation basis, We currently have six tow companies on rotation. S:\BULLETIN\FORMS'v\GENDA ITEM REQUEST FORM.DOC r CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM B. A second option would be to solicit an RFP requiring a franchise fee from vendors for the purpose of establishing a "market value" for our towing business and award the contract to the single highest and most responsible bidder. Currently Delray Beach. Pompano Beach and Hollywood have franchise agreements with one vendor. The City of Delray Beach receives approx. $140,000 annually on their contract. Pompano Beach receives approx.imately $110,000 annually and Hollywood receives $180,000 annually. The City of Boca Raton is in the process ofawarding a contract, however, they may be awarding to two vendors. They sought franchise bids and received two responses - one for $180,000 and one for $110.000. Sraff has indicated they will likely award to the two vendors at a reduced/negotiated price ($55,000 each which represents half of the lowesr bid). The obvious benefit of seeking a franchise agreement is the potential for a new revenue source for the (itv as well as the potential reduction of the expenses we incur in towing our fleet vehicles. A disadvantage ~f a franchise is that larger companies would be in a better position to offer ahigher franchise fee, whereas, smaller companies may have a difficult time doing so. C. A third option is to seek proposals from vendors (franchise fee) and consider awarding to the top two or three bidders. This is the direction in which Boca Raton is headed. An average of the top two or three proposals can be taken and the contract be awarded accordingly, with both or all vendors paying the same fee. As staff sought input from City tow vendors (copies of all responses attached - Exhibit B) we found that two of the five responses (Beck's and Zuccala's) suggested limiting the towing service contract to two companies. A third vendor (Emerald) indicated that "many city contracts do have a rotation system but most are now contracted to no more than two companies". Their letter also stated that "the Palm Beach County Sheriff's Office still has as many as 9 companies on rotation in a single zone but this has become more of a problem than a solution for the public". D. A fourth option is to structure an RFP to obtain franchise fees from vendors with a minimum bid outlined in the proposal. For instance, the City of West Palm Beach has this type of contract, Two vendors pay $15,000 each annually (a higher minimum can be established - Le, $20.$25K). This option may draw increased participation because the minimum bid statement wouldn't be prohibitive for the smaller tow companies. PROGRAM IMPACT: Regardless of the contract model the City Commission selects, staff encourages the Commission to consider the inclusion of free city tows for all city owned or leased vehicles (at least Class A & B). Additionally, as expressed in the attached memorandum from the Police Department (Exhibit C), the Police Dept. requests "we secure a tow contract that releases the City from its responsibility to pay for the storage of vehicles at the rotation tow vendor's facilities. The vendors who maintain the vehicles stand in a position of interest as they have possession of the vehicle for collateral for eventual satisfaction ofstOTage fees from the vehicle's owner or relevant insurance company". Both of these provisions are very common among neighboring municipal towing service contracts (refer to Exhibit A). Staff has encouraged our tow vendors to attend the 8/19/08 Commission meeting to provide their input for your consideration as well. FISCAL IMPACT: Depending on the contract model selected, the City may potentially increase revenues in the form of franchise fees and possibly reduce expenses related to the towing fleet vehicles and the storage of police directed to\\'~ S'\BUI.LETIN\FORMS\AGENDA ITEM REQUEST FORM.DUC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~ City Manager's Signature Assistant to City Manager ~ . Ctf-y 1V1=t;f"S 0IGc.u City Attorney 1 Finance Departm Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TOWING SERVICES AGREEMENTS EXHIBIT A COMPARATIVE ANALYSIS OF FRANCHISE FEES PREPARED JANUARY 17, 2008 UPDATED APRIL 15, 2008 UPDATED AUGUST 5,2008 oj ENTITY CONTRACT MODEL I ANNUAL CC>NTRACTAMT, . COMME.NTS CITY TOWS " STORAGE FEES Franchise $109,963.00 Franchise $141,250.00 Fleet tows free Inside $25.00 - Outside $20.00 Cars onl Two bids submitted - awarded Franchise $110,000.00 to both $55K ea.) Fleet Tows Free Free Stora e Franchise $30,000.00 Two companies Paid By Entity - Rates $3, l50.00/Com an /QTR X 2 Min. Bid established Established in RFP Franchise $25,000.00 (3) Companies $8,333.33/yea Fleet Tows Free Evidence - No Charge Forfeiture - 45 days - No Char e Franchise $115,500.00/ ear Forfeiture & Cit Rotate all companies that Rotation NONE request to be on the list Contract Service Rates outlined in contract Serviced b the Sheriffs office . Rotation Rates outlined in contract Rotation - 13 companies No Free Tows Rotation limited to (4) Rotation Rates outlined in contract com anies Fleet Tows Free , i . - '-, -./ . , "') EXHIBIT B Letters received from tow vendors: Y"Blake's Towing & Transport, Inc. Y" Zuccala's Wrecker Service ~Beck's Towing & Recovery ) ~Emerald Towing & Heavy Hauling ~ Eastern Auto Body & Glass, Inc. .l . I- t " .. I ') BLAKE'S TOWING & TRANPSORT, INC. 1500 SW 30TH AVE #11 BOYNTON BEACH, FL 33426 June 30, 2008 The City of Boynton Beach Procurement Services 100 East Boynton Beach Blvd PO Box 310 Boynton Beach, FI 33425..Q310 Attn: Carol Doppler RE: RFQ "lWO YEAR CONTRACT FOR VEt-:lICLE TOWING ROTATION PROGRAM" RFQ 007-211 0-05/CJD Carol: ) Thank you for the letter clarifying that there will be no changes to the current tow rotation system, including fees and charges, during the extended period ending March 13, 2009. I look forward to the opportunity to provide the commission with my thoughts and ideas as to how the towing rotation can be written to benefit those involved. I strongly believe that changes can be made to accommodate the city without any unfair financial burden placed on the towing companies. I would like to make myself available to the City of Boynton Beach at anytime in helping them understand the financial and legal aspects in the operations of a towing company. I will forward the City of Boynton Beach my opinions and information to help guide with future changes to the towing rotation for the Commission meeting August 19, 2008. Sincerely -:1--~ Jason Blakeley President } . . , - ")' " RFQ NAME: "TWO YEAR CONTRACT FOR VEHICLE TOWING ROTATION PROGRAM" RFQ: # 007-211o.05/CJD Agreement between the City of Boynton Beach, Owner; and Blake's Towin2 & TransDort (Company's Name) CONTRACT PERIOD: MARCH 14, 2008 TO MARCH 13,2009 L Yes, I agree to renew the existing contract under the same Terms and Conditions, *~n "IQBIFIC;;:!d'I6US (as shown below) and agree to submit a' Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. k vv n-tf fkJ JA40PI PI Ci? n ~ /r'r 77fl5 77J1l.({;': ) _ No, I do not wish to renew the contract at this time. *NO CHARGE FOR TOWING/STORAGE OF CITY VEmCLES AND POLICE CONFISCATEDIEVIDENCE VEHICLES FOR THE EXTENDED TERM OF THIS RFQ. 6wfK&'5 k'f/(" 1" ),rur<-.!'. II"G- ~&kr?;1 NAME OF COMPANY SrG TURff .JITSoN t344i('~ t a~{ pf::;"'}J} TITLE NAME OF REPRESENTA (please print) 0/3D/Og 5wl 737 3303 DATE I I (AREA CODE) TELEPHONE NUMBER /cjd ) America:SO Gateway to the Gulfstream > , 1 5617375379 ZUCCALA 'S PAGE 61/el 67/11/2668 11:66 ~\ 11ECKEIIA ~... ') ~'4J Since .877 ~~ '1ApJi~~ ~O. eS3 E. Inou8tl1.1 Ave. Boynton Stllch, ~L. !~2e (561) 13T.1212 . Fax: (861)731437' To the City Commissioners of Boynton Beach: Agenda: City Tov.ing Rotation ." My name is Drew Zuocala, Owner and Operator o'f Zuccala Wrecker Service. rye been towing in the city of Boynton Beach for over 30 years and my business has been operating at the same. location since 1978. Zuccala Wrecker Service at one time bad the towing cont:'act for the city of Boynton Beach for over 10 years. The city's purchasing depe.rtment sent out a letter .recently that looked more like a contract agreement tb.a.n a questionnaire. But, when nobody agreed to ) sign i~ another letter followed saying that the first letter Was just an inquiry for a future towing contract. This brings us to my inquiry as to how to arJ$wer this qu~on. Pm not in favor of a single company contract, or a franchise.contract. The city has two local towing service$ that are ready and able to serve the city of Boynton Beach. These two companies have the equipment, big and small, the history and the knowledge to take care of the city's needs. Having two companies share the responsibility takes the pressure off one single service for whatever reason. Having two companies that have.a long history, ofwomng well together would be an asset to . the city. This could possibly benefit the city by negotiating a better contract for city ovvned vehicles. If the city cannot come to tenns with tbis then at least consider bringing down the rotation from 7 to 4 companies. Thank you in advance for your consideration.. Sincerely t Drew Zucca.la ) . ) Beck' sTowing & Recovery 410 North East 5" Avenue Boynton Beachl A 33435 Phone: (561)369.1096 Fax: (561)369-0698 Fr;day, july 11, 2008 To: City of Boynton Beach RE: City Towing Contmct ) My name is Stt:\'e Be~ ONner end opemtor of Beck's Towing & Recovery. , have been in the towing industry for the past 33 years 'Nith the last 14 years owning my 0'Nn towing company. We recently received a letter from the purd1asing department asking to re-sign a contract leaving everything as It was with an addendum to tON all city vehicles for free and store al -police hold"vehlcles for free. Naturally, all towers would not sign it. Shortly after, another letter follov.m:i seying the first ketter was just for nqulry for the future ~ng contract If it's an inquiry you want, here's mine. It Is obvious that the city is looking for free towing I Let's face it,. thet won't happen unless you go to e single contractor. Which 1, along with other towers are not in favor of. t believe you could get reduced rates for the city by cutting the amount of tow contractors. You heve tv-Io of the four ~rgest tow companies in Palm BeGch County in your 0'M"l backyard. These t\oVO companies have ell the equipment to tQ\N from the smallest of cars to the largest of Semi's. ) Using these two companies would be an asset to the city and to G/Zd ~E9~t>L~9~ << 9690~9t~9~ 'WlMOl. S.:C:>38 liO:" H'1.~OOZ . . -....-... .-.. .-. - .. . ...... - . ..- -_. . - ..- - -- - -. - . - .. _ . 1 ' . ') the patrons of Boynton Beach. If this is not possible for the city perhaps you WOUld conslder reducing the maximum number of compesnk:s from six to ttvee. You IcnoN the old sayi1g'f you build it, they will come", well with budget cuts end signs of 8 recession maybe it's time for the city to rethink It's tawing contr~. Tharic you in advance for your consideretion. Sincerely, /(~ Steven E. Beck ) I !':/( d !lI.(92vLL9~ <<llA90-fi9~i '1<: !l1ll*-OlU:l~ ~a:CL U-Lo-aooz O?/23/200B 10 08 FAX 854S 1?4 737 ~MER AL l [lJ OC 1/00 ,~~".- ~') ~~~~~I~&~ING July 23, 2008 Carol Doppler. CPPB Purchasing Department City of Boynton-Beach 100 Bast Boynton Beach Boulevard Boynton Beach, FI. 33425 Re: Towing Contnct Dear Carol, Please ~t this letter as our response to your request for information conecming the August 19t1i City Commission meeting. In my opinion the City of Boynton would be best served with ~ a sole provilic:r agreement or a rotation 1Mt includes no more tlwl ~ companies that can all provide Class A, B. and C towing service and lowboy transponation. Having multiple cot1q)8Oies on the rotation and two separate lists for Class A. B and a ) separate list for Class C will not work jf you ask to have city owned vehieles ~ at no charge. The result would leave YQU with no one applying for the Class C list as there are very few Class C ~ tows. Many city contracts do have is rotation system but tnOSl. arc now e:orst:ractcd to no more than two companie$- The Palm Beach County Sheriffs Offi~ still has as many as 9 companies on rotatian in a single zone but this b.u become more of a probtein than a solution for the public. Iowing has been and will continue to become ve.xy specialized. as we ha.vc seen with l"D41ly state towins contracts now requiring certified towing opemto~ aqd certiflCations in Hazmat aW'll'e1DSI and Movement ofT-raffie (MOT). ShQuld you have any questions I can always be reached at (561)735-0398, ---..... Sincerely , ) 161 N.W. 4th Street · Boca Raten. Florida 334S2 (BOO) 239.{)6(l4, . (56!) 395-9595 . (561) J6l-9ll1 · Fax (561) 361-9040 BCTti 0162. . PBTU OlS~ , , ') NON COLLUSION AFFIDA VITOF PRIME BIDDER State of fI, fit ;.:; ,.4- ) County of / ~ /11 8~ ) , , , being first duly sworn, deposes and says that: 1) He is p(lJ2; (() e;/7 r;- of Et4>+~ A-.I~f3pb'f)GI/I-S.)~ (Title) (Name of Corporation or Firm) ;' the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been ) submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overnead,profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties i . terest, including this affiant. (Signed) Subscribed and sworn to before me (Title) J (l€:s f ;JET) This --s \ day of 20 ~ ~~ OOUGLASD.BESECm .-. MY COMMISSION 11 D0317317 ~ ..':/ -""".'" My commission expires ~_~.tII;m...Y P1.~~_Co, ~ ----- ) THIS PAGE TO BE SUBMI'ITED ALONG WITH PROPOSAL IN ORDER FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE I /". ,.' Tr' '''- L ,,_ .:J . "') The City of Boynton Beach Procurement Services 1 00 E. Boynton Btlllch BouJewmJ P. O. Box 110 Boynton Beach, Florida 33425-031 0 Telephone: (561) 742-6320 FAX: (561) 741-6106 ADDENDUM #1 DATE: June 20, 2008 RFQ TITLE: "TWO YEAR CONTRACT FOR VEIDCLE TOWING ROTATION PROGRAM" RFQ NUMBER: #007-2110-0S/CJl) The following changes, additions, deletions, and/or infonnation are hereby made a part of the RFQ for the "TWO YEAR CONTRACT FOR VEIDCLE TOWING ROT ATION PROGRAM" ) Agree to extend the existing RFQ # 007-2110-OS/CJD UNTIL MARCH 13,2009 with Modifications as follows: No charge for towing! storage of City Vehicles and Police confiscated/evidence vehicles for the extended term of this RFQ. Date 7/;-1(08 er, Corporation, Finn or Individual) Signature '9)A tJ lD rtoS4~ e p' edName (2ES1D6~ -~w,.,,~/2... Title t~~~ 5?! r- 3~9- t3~~ Telephone Number Carol Doppler, CPPB Purchasing Agent ) C: Scott Blasie - Code Enforcement Craig Anthony - Police Steve Weiser - Fleet Manager File . ' ! , 1 t )' RFQ NAME: "TWO YEAR CONTRACT FOR VEmCLE TOWING ROTATION PROGRAM" RFQ: # 007-211o-05/CJD Agreement between the City of Boynton Beach, Owner; and Eastern Auto Bodv & Glass. Inc. (Company's Name) C~CT PERIOD: MARCH 14, 2008 TO MARCH 13, 2009 _ Yes, I agree to renew the existing contract under the same Terms and Conditions, ..t."i~'FFH M6BIFIeAl1u~ shown below) and agree to submit a Certificate of Insurance along with this agreement and will name the City of Boynton Beach as additional insured. _ No, I do not wish to renew the contract at this time. 'I {)o VEIDCLES CE "CONFISC ERM OF THIS RFQ. NAME OF COMPANY SIGNATURE NAME OF REPRESENTATNE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER /cjd I America~ Gstewayto the Gulfstream EXHIBIT CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM .C )TO: Major Unger ---- ~,."-,.._._-_.."- DATE: 07-22-08 FILE: SUBJECT. T ow Contract Presentation FROM: Sergeant Anthony REFERENCES: August 19th City Commission Agenda ENCLOSURES: CD of Powerpoint Presentation - In review of the tow vendor invoices for the 2007 budget year, and the 2008 budget year through May 15th. I find the following payments have been made. . In 2007 the Police Department paid a total of $42,674.50 to six tow vendors. Of that total, $18,189.50 was directly invoiced to the Police Department for police directed tows and storage fees. A total of $24,485.00 was indirectly invoiced to the Police Department, via Fleet Maintenance, for police fleet vehicle tows and service charges, The 2008 budget year was tabulated from October 1 S\ 2007 through May 15th, 2008 in which the Police Department has paid a total of$41,786.03 to six tow vendors. Of that total, $27,344.53 was directly invoiced to the Police Department for police directed tows and storage fees. A total of $14,441.50 was indirectly invoiced to the Police Department, via Fleet Maintenance, for police fleet vehicle tows and service charges. The Police Department currently has 13 parking spaces available for storage in the downstairs garage. If this space is filled to capacity then all storage of evidentiary vehicles must be maintained at contracted tow yards, _ of which daily storage fees are applied per contract. In 2007 the Police Department paid $887.00 in storage )fees to six tow vendors however, in 2008 we have paid $19,344.78. This difference is due to the rise in . accident fatalities this year and the need for storage to accommodate the vehicles involved. All evidentiary vehicles, per Florida Law, must be maintained in a secure facility until released by the State Attorney's Office. This process can be quite lengthy ranging from months to years of storage before the case is cleared. Traffic Homicide Investigations (THIs) are broken down into two categories, non-criminal and criminal. THIs account for the majority of storage fees we encounter. A non-criminal THI has a minimal storage time of approximately nine months, and can last over a year. A criminal THI has a minimal storage time of approximately two years, or more in some cases up to five years. These vehicles can not be released until the State Attorney's Office closes the case and allows the release. If there is no storage at BBPD then these vehicles must be stored at contracted tow yards. Vehicles used in criminal investigations (homicides, etc.) must be stored as evidence until the case is closed. If the case goes to trial the vehicle must be stored for many years to allow for prosecution and the appeals process. Should a major criminal investigation remain unsolved and a vehicle is a principle component of the case, Florida Law dictates the vehicle must be held for 100 years. It is the recommendation of the Police Department that we secure a tow contract that releases the City from its responsibility to pay for the storage of vehicles at the rotation tow vendors' facilities. The vendors who maintain the vehicles stand in a position of interest as they have possession of the vehicle for collateral for )eventual satisfaction of storage fees from the vehicles' owners or relevant insurance company. J -"1!J. POL';", ' .&!:~~':.,..-..:-..~~.~ g'. .~~ lI!'I . " ~ . j. . ~'",..;;-' Tow Bills B,v Vendor I~~~~s-------- -- PO DIRECT:E[)_TOVYS STO~~E -----fFLEEOr" T(:lW~ - 1'.----.---,....---.----....,---.-- --- 2007 ---- $2 540 50 ,-------- r . .....~-:--.... ~2_~~_=~~:::_~:~=:::~::~:::----'--$2: og51J6-~:=_:=:=~----- i~~.~~~~:: _-_-..:::_.::-~...:..:-.:_-:::.:-.~~: ~~~:-~-~=', IB~.'S'=":3_~_------ :zilift ~~--==---==:-$2.162. 50.:: ~= - ~12:66::'- .-- .--- ----$2:877 -:So I____.__~_____.~_ 2008 $2,430.00 $17,620~OO~_.__:::.---.--.---.----$1 ,487-00 EASTERN ... ---..... 'm_m__ -... m_______...___._ ......_m.__._.____._.__.___.._. . ..., .............. ......__.__..._____.m ~_'A_ _.____,_,_,_._~_ . _____ 2007 $881.00 $50.00 $742.00 t .."..,'v.~.,..v..,'v.........u. ....., .... ". '" _.,.___.__.,,_..._ _...._~_..~.v__._._. ..M....______...__w._.... . ..-..-..~....,..._-------____~___.._v....__....__.._. ".__.___n _...._.."___ ...._._..._ . .v___.__~__.______.. I 2008 $917.75 $229.78 $0.00 I ,--.,....--..........-.. .....mm......' ....------ -----..----.-. . __ ___.._.......___ .._...__..__........,. .... _....__. ...._.._ ..........._..__.._....___.______.._______. rE'Y'E -~'=--I?~. .._.__________________m_.____.__.._____________.. ~.___...__ _._.__._=-~~=-.~:~~.= ~~. m _ '__. .____.____.___________. I ____ __.. .....m..__ ~.~.~.~ ______.....__ $3,679.00 _______ __.__._ $O~g~_ .._._...__ _ _._.____ $5,506.0C!_ 2008 $1,072.00 $0.00 $3,483.50 . . . .......... .............-...........-,.. m.. . ..................__.... ............ ..................... .... _......... ..... m.... _............. .. m_....___..._.._..._m.... .. _....... .. !....... .... .......,......_..._........_ ...____ ,,__..__.._ ._......,..._ ..... ..... _...... m... ... .,.. ... _.__ '_ _._..... ..._m............._.._........... ........._..._.._ SCOTTS -- ----.-.- -- 2007 .. $5,197.50. _____ _ .$~_=_~~. ___...._.___._..______~?.!..03~_=_OO__ ...:~_.___:~..:,_~:~-::_.--=-.-... .-~Q~~' ~~~~_-=:~---.-~-- $1-,350.- 00 _ - - _ - $1 , ~QQ~_9_~_ __..._, _____.._____~~, 527. o~ /ZUCCALAS ....______.___..___m._..._ 2007- -----....----.------- $2, 842. 00 ....-....'- '--~7~~~~=- ...=:=:=:::.~==:....=:---$7 ~ 756. 50-- _.____________'.m._.._.m 2'008- ---------. $135.00 $0.00 $4,337.00 __~_'.'N__ .~...._~__~._ _~~___w'_'____~ ... .._ "".m. ... .. ........ .... .... ...,..........._....m....... ......... . .....m..... , . ..... m _ . _..__........_.._...... .. ................_.__..... ~...... ............ ...._............... .......m -2007 TOTALS ---..-- $17 302.50 $887.00 $24,485.00 , . . n. ,,,. .__ ___._ . ....... ._.... _~.._ .,.~_.___. ....~ .._._ U' _.......,. . ......_,._....~. .__..__._~_____,____.__..,'~_ 2008.-T'i5TAi~s.... --'.....-..-- ---..---~, 999. 75-- _... -"--.. -.----- $19, "344~_~~.. _.________._..__._ $14, 4~~..:_50__.. . -.....--..--...-......-..---.....-.-.-.----....-- .-..---..----......-.---...--... . ........_ _ _...._......... __ .L.._ - -- .- -.- GRAND TOTALS I._=~~::'==~~-=~~~~~~===---- ::~:~;::~f==-~~=_~==~~=-~~J . ~ - ----. '---"",,' ~ --- >.......,/ .#~ . ;.6. Tramc Homicide Investigations i~' . .;'.~ 1;~. ; ..- . ~~ ~ ""..' ...J' -i .;'8Q (THIl . Non-Criminal: Usually single vehicle crashes where death ensues and no criminal charges are filed. Minimum storage time: 9 months to1 year. . Criminal: Crashes including multiple vehicles where death ensues and charges are pending or filed. Minimum storage time: 2 to 3 years. . Evidentiary Vehic/~s: Usually not crash related where a vehicle is criminally instrumental and death ensues. Minimum storage time: 5 to 6 years. .'" .&.; ~....'..." .. -I - I- I - I III -" ....r< ~~. ii!':'.\. .. -~ EXHIBIT B MINUTES OF THE TOWING CONTRACT MEETING OF OCTOBER 15, 2008, AT 10:00 A.M., AT THE INTRACOASTAL CLUBHOUSE, BOYNTON BEACH, FLORIDA PRESENT: Lori LaVerriere, Assistant City Manager Steve Weiser, Fleet Administrator Carol Doppler, Purchasing Agent Police Sgt. Craig Anthony Police Chief Matt Immler Jamilla Alexander, Assistant City Attorney Scott Blasie, Code Compliance Administrator I. Welcome/Introductions Ms. LaVerriere called the meeting to order at 10:03 a.m. She introduced herself and City staff, and thanked everyone for attending. 11. Outline of Meeting A signup sheet was circulated. The meeting was noticed as a publiC meeting and was being recorded. Minutes would be prepared. Ms. LaVerriere noted the City wished to gather facts and information in order to prepare a report for the City Commission. Ms. LaVerriere advised the purpose of the meeting was to discuss two provisions in the contract: (1) City fleet tows; (2) storage, and not to negotiate a towing contract. 111. Discussion: Charges for City Fleet Tows Ms. LaVerriere noted in consideration of a new towing service contract, a staff report had been provided at the August 19, 2008 City Commission meeting which identified various contract models. The existing contract covered a two-year period and included a one-year extension. The extension had expired, but was further extended until a new RFP was issued. Staff sought policy direction from the Commission and suggested franchises and rotation contracts, or modifications of either option, be considered. Four key models were identified, and the pros and cons were set forth for each model. Two recommendations were made by Staff to the Commission with regard to the provision for: (1) City fleet vehicles; and (2) long-term storage. Several vendors attending the Commission meeting were not in agreement with staff's recommendations. Mayor Taylor therefore requested staff meet with the vendors in order to reach a consensus. Meeting Minutes Towing Contract Boynton Beach, Florida October 15, 2008 Ms. LaVerriere noted the City utilized six tow vendors under the existing contract. All registered wrecker/towing service providers located within the City limits were invited to attend this meeting. Ms. LaVerriere noted the City provided a substantial amount of work to the vendors contracting with the City. Research revealed it was not uncommon for the City's fleet vehicle tows to be free of charge. Currently, the City paid a reduced rate of 50%. The cost to the City for fleet tows and storage was approximately $45,000 per year, and it was intended this be reduced. The general consensus reached at the August 19, 2008 Commission meeting was to remain with the rotation style contract However, no decision was reached, and the issue remained open for discussion. Ms. LaVerriere requested the vendors identify themselves for the record and provide comments for the City's edification. Drew Zuccala, Zuccala's Wrecker Service, had been towing for the City for approximately 30 years and had operated his business at the same location since its inception. He had previously enjoyed exclusive rights to tow for the City for a period of 10 years. Mr. Zuccala was the owner of 11 properties in the City. He contended for 100 tows, he was compensated by the City for only 50 and, for the most part, he was not paid for junking. The minimum cost of a vehicle needed to tow a City garbage truck was $250,000, and the towing operator was required to be certified. Most calls required a minimum of two hours. The last call required five hours on a weekend, as the brakes on the vehicle would not release. Mr. Zuccala contended the City enjoyed increased tax revenues as a result of continued growth. He pointed out a vendor in the audience was paying a franchise fee of $142,000 for Delray Beach's contract and, after several years of towing, his rates had increased to correlate to the County's rates, Mr. Zuccala's recent work for the City included a tire change and a jumpstart, for which he was paid $30. His cost to send a driver out was $28. As no profit was realized, he felt he had been performing services to the City free of charge. He did not believe the City should expect free services. Out of six towers, only two or three towed the City's heavy equipment. Mr. Zuccala's company towed heavy equipment at a rate of $250, and additional expenses were incurred for fuel, oil and tires. He did not believe other vendors for the City were required to "give something away," David Floering, Eastern Towing, inquired whether the City required any other vendor to provide services free of charge. Carol Doppler, Purchasing Agent, pointed out towing was an exclusive service. If the contract did not exist, Mr. Floering would not have the City's business on a rotational basis, and other opportunities would be lost. 2 Meeting Minutes Towing Contract Boynton Beach, Florida October 15, 2008 Mr. Zuccala felt the City expected towers to provide additional time free of charge, while not expecting this from other vendors. He contended he had provided a discount rate for City vehicles, and towed heavy-duty equipment for less than half of what he normally charged. The newer trucks were required to have Environmental Protection Agency (EPA) certification, which increased the price of trucks from $70,000 to nearly $90,000. Ms. Doppler noted these costs would be considered for inclusion in the specifications for the Request for Proposals. The City felt it was providing business to towers, thereby saving towers the expenses of advertising. Mr. Floering questioned whether the City required any other vendors to provide services at a discounted rate of 50%, or provide services free of charge in an emergency. Steve Weiser, Fleet Administrator, believed the economy was an element of the cost of doing business. He pointed out towers were the only vendors to which the City funneled business, and it was not uncommon for City tows to be provided free of charge. Police-directed tows resulting from traffic accidents were three or four times the amount of City tows. While Mr. Weiser was aware of the increased costs for equipment, it was crucial the City conduct business efficiently and negotiate in the best interests of the City and its citizens. Craig Goldstein, West Way Towing, indicated towers were willing to provide free tows to cities contracting with one or two vendors, as they were provided a substantial amount of business. With six vendors on the rotation list, Boynton Beach was not providing enough work. He noted Delray Beach utilized one vendor, and Boca Raton, two. Ms. Doppler noted while limited rotation could be considered, the City Commission wished to maintain more than two vendors on the list in case of an emergency. Ms. LaVerriere agreed the current number of vendors included in the rotation was not conducive to free tows. Mr. Zuccala pointed out three out of the six vendors on the list towed heavier equipment, and the other three should be compensated in some manner. It was suggested Class "A" and Class "B" vehicles be towed free of charge. Ms. LaVerriere encouraged the vendors to express their opinions, which she would communicate to the Commission. The vendors would be invited to the Commission meeting at which the towing contract would be discussed. Steve Beck, Beck's Towing, averaged 16 to 17 tows a month, which, he opined, did not prOVide enough business to warrant free tows. If the City utilized one or two vendors, additional business could be provided, and free tows would be a possibility. Mr. Weiser believed the utilization of six or seven vendors resulted in an administrative nightmare for the City. Ms. LaVerriere noted the City of Lantana maintained 13 vendors on its contract. She noted the City Commission did not wish to put the "small guy" out 3 Meeting Minutes Towing Contract Boynton Beach, Florida October 15, 2008 of business, was sensitive to sustaining businesses in the City, and leaned toward limited rotation. From comments made, it appeared the vendors preferred limited rotation as well. Mr. Goldstein believed police towing related more to storage than to towing. Police Chief Matt Immler commented on the lack of storage space and accessibility to vehicles stored by the vendors. Kevin Piller, Vrchota Corp., had been towing for the City of Boca Raton for approximately one year pursuant to a franchise agreement with two vendors. He noted the contract required storage costs be borne by his company. Police Sgt. Craig Anthony discussed responsibility for storage costs and whether a contract superseded Florida law. Attorney Alexander noted the tow contract could be more restrictive, and this could be further explored. Chief Immler noted that while the Police Department's budget was limited for towing and storage expenditures, costs related thereto had increased substantially. Chief Immler was exploring the feasibility of constructing an inside storage unit. Mr. Goldstein suggested the City purchase containers that could be stored on City-owned, fenced-in, vacant property. The 40-yard containers, which could house two or three cars, could be purchased for $2,000 or $3,000, were air-tight and difficult to break into. The containers lasted for approximately 10 years and survived hurricanes. Scott Blasie, Code Compliance Administrator, pointed out City-owned property had been designated for public use, and there were no provisions for exterior storage. Ms. LaVerriere suggested existing properties be utilized. She inquired whether the vendors would be willing to consider purchasing one or two containers if something could be worked out. Mr. Goldstein advised he was well acquainted with the vendors in attendance and believed they would be willing to work with the City. He advised he was on the Board of Commissioners for Consumer Affairs and would share the events of this meeting with the Board. It was his opinion none of the vendors wished to be removed from the rotation. Chief Immler commended the six vendors with whom the City contracted for services. While the City was not bound by a particular policy or procedure, measures were sought to cut the budget. In particular, it was believed storage and towing expenditures could be reduced. Mr. Beck noted vendors on rotation were not motivated to provide services without compensation and, if asked to do so, would likely be "conveniently unavailable." It was suggested the City pay a fee, even if on a reduced basis. 4 Meeting Minutes Towing Contract Boynton Beach, Florida October 15, 2008 Mr. Goldstein believed a balance should be achieved with regard to the calls from the City handled on a rotation basis. Multiple trucks were needed for City towing so that calls were not missed. If a tower was called out to provide a service for which he was not compensated, such as a tire change, the tower should have the opportunity to accept the next "paid" call from the Police Department. The elimination of two lists was advocated. Ms. LaVerriere suggested utilizing one list. Fleet calls would go to Dispatch and would not be rotated until a Police Department, or paying call, was received. Chief Immler alluded to possible difficulties with the current Computer-Aided Dispatch (CAD) system, and Ms. LaVerriere pointed out the software could be changed. Discussion ensued as to what services the vendors would provide free of charge. Mr. Zuccala suggested free services be limited to Class "A" vehicles and road services. It was suggested Classes "B," "C," and "D" vehicles be charged at the reduced rate of 50%. Mr. Weiser believed it would probably be beneficial for the City to tow its own vehicles, which the County had been doing. Mr. Floering indicated he could provide free services Monday through Friday, as long as he was not awakened at 3:00 a.m. Mr. Beck believed most towers paid their drivers a salary plus commission on after-hour calls. Mr. Weiser noted most towing businesses operated 24 hours a day, seven days per week. Mr. Beck believed a vendor towing 100 cars per month would be more inclined' to provide free services. He felt it would be ludicrous to expect a driver to change a tire on a police vehicle at 3:00 a.m., free of charge, for only 16 tows per month. Mr. Goldstein believed the City would probably be provided free tows if one or two, rather than six, vendors were utilized. He contended the vendors would be willing to "give a little to get more." Mr. Zuccala believed it would be preferable to continue with the rotation process. Ms. LaVerriere asked for a consensus on the limited rotation process, utilizing one or two vendors. Mr. Goldstein noted he was in favor of the process. He believed the most favorable course of action would be for all the vendors to remain on rotation, and to work with the City by eliminating all Class "A" charges, including road service and local tows up to one ton. Ms. LaVerriere polled the vendors and a consensus was reached as follows: . The rotation status should be maintained with limited rotation; and . The City should be provided free road service and tows up to one ton, within City limits, "24/7" for Class A vehicles (City fleet vehicles). 5 Meeting Minutes Towing Contract Boynton Beach, Florida October 15, 2008 The language of the contract was reviewed and included the forfeiture process and criteria for mileage. The number of companies to be included on the rotation list was also addressed. Ms. laVerriere polled the vendors as to their preference, and the responses were as follows: . Drew Zuccala (Zuccala's Wrecker Service): Three to five; . Jason Blakely (Blake's Towing): Three to five; . Steve Beck (Beck's Towing): No more than 4; . Mike Damilio (Anytime Towing): Anyone holding a business tax receipt should be included on the list; . Lee Dornot (L & N Towing): Did not wish to comment; . Doug Faulkenbury (JO's Towing): Five to seven; . Kevin Piller (Vrchota Corp.): Two companies. The City should receive a franchise fee and towing free of charge; . Craig Goldstein (West:.Nay Towing): One to two towers, with a franchise fee and free towing for the City; . David Floering (Eastern Towing): The list should be limited to six vendors; . Earl Scott (Scott Towing): The list should be limited to six vendors. IV. Discussion: Charges for Storage Ms. laVerriere noted efforts to locate a storage facility would continue, and staff would explore the feasibility of purchasing containers. V. Closing Remarks Ms. LaVerriere thanked everyone for their. input. She would prepare a report for the Commission's review and anticipated the matter would be addressed at the November 18, 2008 City Commission Meeting. She would be contacting the vendors and requested their e-mail addresses. 6 Meeting Minutes Towing COntract Boynton Beach, Florida October 15, 2008 Adjournment There being no further business to discuss, the meeting property adjourned at 11:44 a.m. ( DL'~ St~~~~K;hn Recording Secretary 101708 7 XI. - NEW BUSINESS CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed 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 0 August 19,2008 August 4, 2008 (Noon) o October 21, 2008 October 6,2008 (Noon) 0 September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20,2008 (Noon) 0 September 18, 2008 September 2,2008 (Noon) [gJ November 18, 2008 November 3, 2008 (Noon) o October 7, 2008 September 15, 2008 (Noon) o December 2, 2008 November 17, 2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative [gJ New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Consideration of supporting the Florida Trust for Historic Preservation by becoming a sponsor for the 2009 Statewide Conference in Palm Beach County. EXPLANATION: This item is being brought forward per the request ofa member of the City Commission. In May of 2009, the Florida Trust for Historic Preservation will be hosting its 3151 Annual Statewide Preservation Conference in Palm Beach County. The Florida Trust for Historic Preservation's mission is to promote the preservation of the architectural, historical and archaeological heritage of Florida through advocacy, education and historic property stewardship. The Florida Trust is the network for preservation activists, old house lovers, history buffs, architects and planners who want to keep in touch with the state's preservation activities. The Florida Trust is asking for financial support through sponsorship opportunities in the amounts of: PATRON - $250 BRONZE - $500 SILVER - $1,000 GOLD - $2,500 PLATINUM - $5,000 EMERALD - $10,000 DIAMOND - $15,000 PREMIER - $20,000 (Please see attachment for full sponsorship details) PROGRAM IMPACT: Sponsoring the 2009 Annual Conference will contribute to the success of the conference and continuing success of Florida's historic preservation programs. FISCAL IMP ACT: There are currently no funds budgeted for sponsorship of the Florida Trust for Historic Preservation. AL TERNA TIVES: Not to consider support. ~ City Manager's Signature Assistant to City Manager CflYt/ City Manager's Office Department Name City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC August 28, 2008 Dear Friend of Preservation: In May of 2009, the Florida Trust for Historic Preservation will be hosting its 31 st Annual Statewide Preservation Conference in Palm Beach County. We will be headquartered at The Colony Palm Beach Hotel. Currently, the curriculum is being planned and we hope to include most of the cities and towns in Palm Beach County and special events at area historic sites such as The Breakers, the Harriet Himmel Theatre at CityPlace, Mar-a-Lago and many other great locations. The Florida Trust for Historic Preservation's mission is to promote the preservation of the architectural, historical and archaeological heritage of Florida through advocacy, education and historic property stewardship. The Florida Trust is THE network for preservation activists, old house lovers, history buffs, architects and planners who want to keep in touch with the state1s preservation activities. We need your help in accomplishing our important mission. Please consider supporting the Florida Trust by becoming a sponsor for the 2009 Statewide Conference in Palm Beach County. All sponsorships received by October 1 s\ 2008 will be included in the preliminary program. If you have any questions regarding the benefits of sponsorship, please do not hesitate to contact the Florida Trust office at 850.224.8128 or caroline@floridatrust.org. Sponsorships may be committed immediately; however payment is not due until December 1, 2008. I hope that you will complete the enclosed Sponsorship Form and help make this Conference quite a success! The continued success of Florida's historic preservation programs depend on the help of its members and friends. Be a part of the statewide preservation network and join the Florida Trust today in showcasing Palm Beach County for A Century of Dynamic Preservation. Your support will ensure Florida's heritage for future generations. Sincerely, Rick Gonzalez, ALA Friederike Mittner, AICP REG Architects, Inc. Florida Trust Board Member Florida Trust Board Member Annual Conference Co-Chair Annual Conference Co-Chair Florida Trust for Historic Preservation, Inc. Post Office Box 11206, Tallahassee, Florida 32302-3206 Telephone: 850-224-8128 . FAX: 850-224-8159 informa tion@floridatrust.org ;vwy\ .florida trust.l)rg 2009 Annual Conference Sponsorship Opportunities Palm Beach County, Florida, May 14-16,2009 PREMIER SPONSOR - $20,000 . Sole sponsorship of one of the Events (Opening Reception, Awards Reception, or Closing Reception) . Full page advertisement (inside front cover) in the Annual Conference Prelimiruuy Brochure (3000 distribution statewide) . 12 complimentary tickets (total) to Special Events . Eight (8) complimentary full conference registrations (includes all special events, tours and workshops) . An invitation to the President's Party . Sponsorship acknowledgement in the On-Site Conference Brochure, distributed to all conference attendees . Sponsorship acknowledgement in the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation statewide. . Opportunity to provide publicity materials or information in the conference registration packets . Sponsorship acknowledgement on all publicity boards located at the Annual Conference DIAMOND SPONSOR - $15,000 . Sponsorship of one of the Events (Opening Reception, Awards Reception, or Closing Reception) . Advertisement on the Back Cover of the Preliminary Brochure . 10 complimentary tickets (total) to Special Events . Five (5) complimentary full conference registrations (includes all special events, tours and workshops) . An invitation to the President's Party . Sponsorship acknowledgment in the On-Site Conference Brochure, distributed to all conference attendees . Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation statewide . Opportunity to provide publicity materials or information in the conference registration packets . Sponsorship acknowledgment on all publicity boards located at the Annual Conference EMERALDSPONSOR-U~OOO . Sole sponsorship of the Annual Meeting Luncheon or the President's Party . 8 complimentary tickets (total) to Special Events . Four (4) complimentary full conference registrations (includes all special events, tours and workshops) . An invitation to the President's Party . Sponsorship acknowledgment in the Annual Conference Preliminary Brochure (3000 distribution statewide) . Sponsorship acknowledgment in the On-Site Conference Brochure, distributed to all conference attendees . Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation statewide . Opportunity to provide publicity materials ot information in the conference registration packets . Sponsorship acknowledgment on all publicity boards located at the Annual Conference PLATINUM SPONSOR - $5,000 . Co-Sponsorship of the Restoration Marketplace, including the Exhibitors Reception . 6 complimentary tickets to a Special Event . Three (3) complimentary full conference registrations . An invitation to the President's Party . Sponsorship acknowledgment in the Annual Conference Preliminary Brochure (3000 distribution statewide) . Sponsorship acknowledgment in the On-Site Conference Brochure, distributed to all conference attendees . Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation statewide . Opportunity to provide publicity materials or information in the conference registration packets . Sponsorship acknowledgment on all publicity boards located at the Annual Conference GOLD SPONSOR - $2,500 . Sole sponsorship of a Full Day Tour . 4 complimentary tickets to a Special Event . Two (2) complimentary full conference registrations . An invitation to the President's Party . Sponsorship acknowledgment in the Annual Conference Preliminary Brochure (3000 distribution statewide) . Sponsorship acknowledgment in the On-Site Conference Brochure, distributed to all conference attendees . Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation statewide . Opportunity to provide publicity materials or information in the conference registration packets . Sponsorship acknowledgment on all publicity boards located at the Annual Conference SILVER SPONSOR - $1,000 . Sole sponsorship of a Half Day Tour . 2 complimentary tickets to a Special Event . One (1) complimentary full conference registration . An invitation to the President's Party . Sponsorship acknowledgment in the Annual Conference Preliminary Brochure (3000 distribution statewide) . Sponsorship acknowledgment in the On-Site Conference Brochure, distributed to all conference attendees . Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation statewide . Opportunity to provide publicity materials or information in the conference registration packets . Sponsorship acknowledgment on all publicity boards located at the Annual Conference BRONZE SPONSOR - $500 . Sponsorship of a Workshop of your choice . 2 complimentary tickets to a Special Event . Sponsorship acknowledgment in the Annual Conference Preliminary Brochure (3000 distribution statewide) . Sponsorship acknowledgment in the On-Site Conference Brochure, distributed to all conference attendees . Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation statewide . Sponsorship acknowledgment on all publicity boards located at the Annual Conference PATRON - $250 . 1 complimentary ticket to a Special Event . Sponsorship acknowledgment in the Annual Conference Preliminary Brochure (3000 distribution statewide) . Sponsorship acknowledgment in the On-Site Conference Brochure, distributed to all conference attendees . Sponsorship acknowledgment in the Florida Trust's newsletter, The Florida Preservationist, 3000 circulation statewide . Sponsorship acknowledgment on all publicity boards located at the Annual Conference All contributions are tax deductible as allowable by law. Documentation of the sponsor's gift will be provided by the Florida Trust for Historic Preservation, a non-profit corporation with 50 I (c)(3) tax-status. For rnore information, please contact Caroline Tharpe Weiss, Executive Director, at (850) 224-8128 or carolineiI.Vfloridatrust.org. YES, I/WE WANT TO BE A CO-SPONSOR OF the 2009 Annual Statewide Preservation Conference! May 14-16,2009 . PALM BEACH COUNTY Sponsoring Org.: Contact Person: Address: City/State/Zip: Phone #: Contact Email: Sponsorship Level: Amount: Payments should be received by October 1, 2008. Please make check payable to: Florida Trust for Historic Preservation, Inc. Post Office Box 11206 Tallahassee, Florida 32302-3206 Fax (850) 224-8159 wwvv.floridatrust.org Questions? Call the Florida Trust (850) 224-8128 caroline@floridatrust.org All contributions are tax deductible as allowed by the law. Documentation of the sponsor's gift will be provided by the Florida Trust for Historic Preservation, a nonprofit corporation 501(cX3) tax status. Florida Trust for Historic Preservation, Inc. Post Office Box 11206, Tallahassee, Florida 32302-3206 Telephone: 850-224-8128. FAX: 850-224-8159 informa tion@floridatrust.org vvww.floridatrust.org Current Sponsors of the 2009 Statewide Preservation Conference in Palm Beach ( ounh As of November 10,2008 Elite The Mar-a-Lago Club Premier Palm Beach County Convention & Visitors Bureau Emerald Palm Beach County (Plus $10,000+ in in-kind printing and design for our program, through the Convention & Visitors Bureau) Platinum Delray Beach Historical Society City of Delray Beach Dover Kohl & Partners The Historical Society of Palm Beach County Edison & Ford Winter Estates City of West Palm Beach First Presbyterian Church, West Palm Beach West Palm Beach Community Redevelopment Flagler College Agency The Henry Morrison Flagler Museum Janus Research Gold Smith Architectural Group The Harriet Himmel Theater at CityPlace Stevenson Architects, Inc. Hedrick Brothers Construction Tiberio Charitable Foundation Palm Beach County Cultural Council REG Architects, Inc. Patron VISIT FLORIDA Alan Gerwig & Associates, Inc. West Palm Beach Downtown Development Bill Hood & Sons Authority Bus One LLC - PalmBeachCharters.com Business Development Board Silver Elkus Manfredi Architects AlA, Palm Beach Juno Title Company Kenneth Smith Architects Bronze Lake Wales Main Street Bender & Associates Architects, P.A. Molly's Trolleys Boca Raton Historical Society Searcy Denny Scarola Barnhart & Shipley Cabana Clematis LLC David and Katharine Dickenson ChaeL Cooper & Associates Alan S. and Shirley K. Lavine The Colony Hotel & Cabana Club XII. - LEGAL - 2nd Reading Non-Development ITEM B.1 CITY OF BOYNTON BEACl AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o August 19,2008 August 4,2008 (Noon) o October 21,2008 October 6,2008 (Noon) o September 2, 2008 August 18,2008 (Noon) o November 5, 2008 October 20,2008 (Noon) c=J September18,2008 September 2,2008 (Noon) [8] November I 8, 2008 November 3, 2008 (Noon) o October 7. 2008 September 15, 2008 (Noon) o December 2, 2008 November 17,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda [ZI Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the November 18, 2008 City Commission Agenda under Public Hearing and Legal, Ordinance - Second Reading. On July IS, 2008, the City Commission approved this item for transmittal to the Florida Department of Community Affairs (DCA), including First Reading of the ordinance. The Department waived a necessity of the review of this request and the item is now ready for ordinance adoption. For further details pertaining to this request, see the explanation below and attached Department Memorandum No. 08-090. EXPLANATION: This item is the 2008 update of the 5-year Capital Improvements Schedule of the Capital Improvements Element of the City's Comprehensive Plan. The Capital Improvements Schedule includes both general and utility projects; it also includes additional, state-required information pertaining to the financial feasibility of the planned improvements. Please note that the fmal changes have been made to the schedule as appropriate for consistency with the City's budget adopted on September 18, 2008. Please also note that the package includes one page of text amendments to the policies of the Capital Improvements Element, to reflect EAR-based amendments to the Comprehensive Plan, adopted on August] 9, 2008. PROGRAM IMP ACT: Represents compliance with state law. FISCAL IMPACT: N/A AL TERNA TIVES: NIA ~1~~ Developme' City Manager's Signature' Assistant to City Manager ~ // ';2 ~ t'~ /?~ . Planning an~ rrector City Attorney 1 Finance S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC ] ORDINANCE NO. 08- Oda.. I " .) 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING THE CITY'S COMPREHENSIVE PLAN TO 6 IMPLEMENT UPDATES TO THE CAPIT AL IMPROVEMENT 7 ELEMENT; INCLUDING PRELIMINARY CHANGES TO THE 8 CAPITAL IMPROVEMENTS SCHEDULE; DEMONSTRA TING 9 FINANCIAL FEASIBILITY AS REQUIRED BY STATE STATUTE; ]0 PROVIDING DIRECTION FOR TRANSMITTAL OF THE PROPOSED ] ] COMPREHENSIVE PLAN AMENDMENTS TO THE DEPARTMENT 12 OF COMMUNITY AFF AIRS; PROVIDING FOR CONFLICTS. 13 I SEVERABILITY AND AN EFFECTIVE DATE. ]41 ]5 WHEREAS, Section ]63.3]77(3)(b)(I). norida Statutes. requires that thl' (apitaJ 16/ Improvement Element of the City's Comprehensive Plan be updated: and ]7 WHEREAS, Section ] 63.3] 84(15), F.S.. requires that the Comprehensive Plan he ] 8 adopted by the governing body of the local government by Ordinance; and 19 WHEREAS, on June 24. 2008. the City's Planning and Development Board \oted to 20 recommend approval of the Comprehensive Plan Capital Improvement Element 2008 update 21 which updates the five (5) year Capital Improvement Schedule of the Capital Improvements II Element of the City's Comprehensive Plan; and "" "' .) 24 NO\V, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratitIed as true and (orrect 27 II and incorporated herein by this reference. 28 Section 2. In order to comply \vith the provisions of Chapter 163. Florida Statutes. 29 the City Commission hereby amends the Capital Improvement Element of thl' Cit:-'s Page] of:; s 1(", I( Jrdlllanct's\CIL: 2(J()8 llpdates doc II ! I I; II II 1 Comprehensive Plan to incorporate changes to the Capital Improvements Schedule as more 2 particularly set forth in the "City of Boynton Beach Comprehensive Plan Capital Improvements 3 2008 Update, July 15, 2008" a copy of which is attached hereto as Exhibit "A" and 4 incorporated herein. 5 Section 3. The City Commission hereby certifies that it shall and will conduct such 6 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in 7 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to 8 conduct and publish same, as provided by general law. 9 Section 4. The City Commission hereby authorizes the appropriate City officials to 10 submit the appropriate number of copies of this Ordinance and the City's Comprehensive Plan, 1 ] as amended herein, to the State of Florida Department of Community Affairs and to any other 12 governmental agency having jurisdiction with regard to the approval of same in accordance 13 with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan 14 Amendments available for public review and examination at Boynton Beach City Hall. 15 Section 5. If any clause, section or other part of this Ordinance shall be held by any 16 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 17 invalid part shall be considered as eliminated and in no way affecting the validity of the other 18 provisions of this Ordinance. 19 Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of 20 Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such 21 conflict. 22 Section 7. This Ordinance shall become effective upon its passage and adoption. Page 2 of 3 S'ICAIOrdmancesICIE 2008 Updates.doc 1 FIRST READING this 15- day of .JuJi ,2008. SECOND, FINAL READING AND PASSAGE this _ day of ,2008. "l .1 4 CITY OF BOYNTON BEACH. FLORID.\ 5 6 --~. _.._---~~~ ---.-- ._--.---- 7 Mayor - .Jerry Taylor 8 9 - -'- 10 Vice Mayor - .Jose Rodriguez 11 12 ---- ------..-- - ~.._-- __m_" .....___ 13 Commissioner- Ronald Weiland 14 15 -.-------- ~---_. -----~-----_. ----- 16 Commissioner .~. Woodrow L Hay 17 18 ..-..-.----- -" 19 Commissioner Marlene Ross 20 ATTEST: 21 I ~; I ----....-- ----- .Janet M. Prainito. CMC 241 City Clerk ,- -) " I! ~6 27 (Corporate Seal) 28 II II , I II Page :3 of 3 :-"('A\Onlinanccs\C1E 2008 Updatcsdoc DEPARTMENT OF DEVELOPMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 08-092 TO: Janet Prainito City Clerk FROM: Hanna Matras, Senior ~ner THROUGH: Michael W. Rumpf lvw Director of Planning and Zoning DATE: October 21, 2008 RE: 2008 Update to the Capital Improvements Element Comprehensive Plan Text Amendments, Round 2-2008 (CPTA 08-004) Accompanying this memorandum you will find one (1) copy of the cover memorandum and related documents for the above-referenced application. A legal notice has been prepared for the November 18, 2008 City Commission Public Hearing, and will be forwarded to your office after review by the City Attorney. Please note that this hearing comprises the adoption hearing for the above referenced project. The transmittal hearing and the first reading of the ordinance took place on July 15, 2008. xc: Central File Attachments G:ICapitallmprovementslCapital Improvements Schedule 20081CC Adoption Docs\legalnotADOPTIONCIE2008.doc REQUEST FOR PUBLISHING PUBLIC NOTICES, LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney two working days prior to the newspaper's ad submittal deadline. ORIGINATOR: Planning and Zoning PREPARED BY: Michael Rumpf DATE PREPARED: October 21. 2008 BRIEF DESCRIPTION OF NOTICE OR AD: Comprehensive Plan Text Amendments: 2008 Update to the Capital Improvements Element (Round 2-2008) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size. Section Placement, Black Border, etc.) 2 col X 10" (minimum) size 18 pt (minimum) headline Ad for City Commission! Local Planning Agency Public Hearing of November 18.2008 at 7:00 p.m. NOT placed in Legal Ads or Classified Ads sections SEND COPIES OF AD TO: Newspaper and Planning and Zoning Director. NEWSPAPER(S) TO PUBLISH: The Post DA TE(S) TO BE PUBLISHED IN NEWSPAPER: November 8. 2008 APPROVED BY: 2. ~ ~ /0 U I/~f- (1) .// ~ __ (Originator) J>, (Date~ . (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: PLEASE SEND COPIES OF PROOF OF PUBLICATION TO PLANNING & ZONING DIVISION G:\Capital ImprovementslCapital Improvements Schedule 2008\CC Adoption Docs\legalnotADOPTIONCIE2008,doc NOTICE OF PUBLIC HEARING COMPREHENSIVE PLAN TEXT AMENDMENTS 2008 Update to the Capital Improvements Element )TICE IS HEREBY GIVEN that the CITY OF BOYNTON BEACH will hold a public hearing to consider adoption of COMPREHENSIVE PLAN TEXT AMENDMENTS to the Capital Improvements Element. The hearing will take place on Tuesday, November 18,2008, at 7:00 p.m. or as soon thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The proposed amendments can be viewed between the hours of 8:00 a.m. and 5:30 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 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 Patricia Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 r-UBLlSH: The Post November 8,2008 ,.....\,....__:..._1 1____. .____..._,,....__:..._1 1_____ .____"'_ C"_1.._....... .1_ ""'''''0\'''''''' ^ ......__"':__ n___\I___I__...^ '""'"',.......-1"...,,....',-...,,"/"\0 ..J__ DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 08-090 TO: Chair and Members Planning and Development Board Mayor and City Commission FROM: H=;~ Senior lanner THROUGH: Michael W. Rumpf Planning and Zoning Director DATE: October 7, 2008 RE: 2008 Update of the Capital Improvements Element of the Comprehensive Plan Large Scale Amendments, Second Round of 2008; adoption The Capital Improvements Element (CIE) includes goals and policies designed to address the need for public facilities and to guide the funding of improvements in such a way that the levels of service defined in all other comprehensive plan elements are met. It also includes a five-year Capital Improvements Schedule (CIS). It is a state requirement (163.3177(3)(b)1., P.5.) that the CIE be reviewed and updated on an annual basis. Please note that the CIE updates do not, as a rule, count toward the twice- per-year limitation on the adoption of amendments to the comprehensive plan. However, since the 2007 update was adopted in 2008, the Department of Community Affairs requested that the City's 2008 update be transmitted in the second round of the 2008 Comprehensive Plan amendments. The proposed 2008 update was therefore transmitted to DCA on July 29, 2008; DCA staff acknowledged its preliminary status. As per its letter of September 4, 2008, the Department decided not to review the proposed amendments and waived the Objections, Recommendations and Comments report. Attached to this memorandum are the proposed amendments with the final changes made as appropriate for consistency with the City's budget adopted on September 18, 2008. Please note that the package also includes one page of text amendments to the policies of the Capital Improvements Element, to reflect amendments made to the Transportation Element as part of the EAR-based amendment process and adopted on August 19, 2008. G:\Cdpitll Improvements\Capital Improvements Schedule 2008\CC Adoption Docs\COVER MEMO ADOPTION 2008 elF I'PDAH..do< ,', , , , . "<- -', .' . . , :r . . , . , ':t: " '" : ;" .' \ . .:d;~ta'~~tf." ..., .' .' .' .. , , 'l,':';,1'~';"'~I:";C.tt f II M:J~" B h' '. '"'''' I . OOYA n eac .", . -:"; . . <;'-'r:'~~'-;"~~::.~~ J~ ~ ~ ~ - ' ^' '~,' "< ,;_ ",'~(~ :'-;1 :.;. - >,~ ,L ,~'. ; .":. 7. ."~ ;!(Ti;~~~~if '" . '. . .' .' !:,;:';~;;i~$ Compitellensive Plan ......... ..... ~;;r~Pital ~':r.~~lfpvements EleM ,.', _ ;" . '1 "',' -.,~' ,." ~ "", \' . , .-. ~'. ,t~4:",' O',.i. .- 2008 update -. , . . ...L . "i'..~'i~W'tJ''';'lit''~8 .... .. " - .:,i;' 'ovem' rer'::~, '.\;i<,R,' " ,- "'+~~k~ci~~fJ~~I1~l~ ..... " 100 East Boyntori~':Bea'ch Boulevard Boynton Beach, Florida 33425 \ O'lE1l'llE'I1I THE"2008 t1PDATE{)F'C.API'I'.ALIMPROVEMEN'f,;ELE~ENT: SUMMARY The 2008 update of the Boynton Beach Capital Improvements Element (CIE) as transmitted to the Department was limited to the Capital Improvements Schedule; no objectives or policies were proposed for amendments. Subsequently, the City responded to ORC report for its EAR-based amendments and made changes to the Transportation Element as requested by the Department. The EAR-based amendments were adopted by the City on August 19, 2008. The aforementioned ORC-based changes to the Transportation Element, which included changes to the Level of Service standards, were not reflected in the Capital Improvements Element at that time. Therefore, proposed amendments to Policy 9.2.6 of ClE, consistent with those made to Objective 2.1 of the Transportation Element as part of EAR-based amendments, have been added to the adoption package. The 2008 update of the Boynton Beach 5- Y ear Capital Improvements Schedule (CIS) is significantly different from the 2007 CIS adopted in January 2nd, 2008. The reason for a large number of changes proposed within a relatively short period of time is a particularly unstable fiscal environment brought about by both regulatory changes and a severe economic downturn affecting revenues and project pricing. The downturn, driven by a depressed real estate market, has produced a decrease in labor cost in the construction sector; at the same time, the sector is experiencing cost increases in many materials, especially those petroleum- or energy-intensive in their manufacture. Population Projections No changes have been made to the population forecast for the period under consideration - up to the year 2013. The average annual compounded growth rate for the City is projected to be 1.5% per year ti1l2015. PRQPOSEDtHANGEstd'eIS;NoN~EN~1'6RfR1$:E;.FA.CILJ11IES ,'.._", ,_', ......,._.,' ",;--..".,..,," "...... _ ....." '"',, ...... "". '-'.',"' ._.'" . ',.,',' ;.'. ..c. .. ", ._.' ........ ",,' '-,,-' Parks As per the analysis provided to the Department of Community Affairs in the 2007 CIS update, the City's provision of developed parks is well above its adopted level of service, and will continue to remain above the adopted LOS throughout the next 5 year planning period. The level of 2.5 acres of developed parkland will be maintained easily till 2020. The current population projections indicate that, by 2025, the adopted standard and the actual provision of parks may converge. The proposed facility upgrades and replacements, even though not critical for maintaining the adopted level of service (the analysis continue to show that a withdrawal of the acres to be improved from the inventory would not cause the ratio to fall below the 2.5 level within the 5-year period), it will significantly enhance the quality of life for the City's residents. However, the development of new parks has been affected by revenue shortfalls: funding for Nautica Sound is not anticipated till fiscal year 1 2012/2013, and Winchester park's development was moved beyond tht' current planning period. The development of the Boundless Park on Congress A venue will rely on fundraising and grants; even though some $200,000 will have been spent on its design in current (the 2007/2008) fiscal year, other funds are not likely to be raised till 2012/2013 fiscal year. To reiterate, the development of new parks does not constitute (l need in terms of the Level of Service. Other changes in the park and recreation's CIS: - The Oceanfront's Park building replacement at $2,500,000: the four existing buildings (all in poor condition, and requiring high cost maintenance) will be replaced by one new two-story building. The efficiency of this improvement will be enhanced by revenues from leasing of the second floor's meeting space. - Funding for Galaxy Park's improvements was moved to Pence Park, where the ballfield will be converted into a multipurpose field. Please note a deficiency in multipurpose fields as shown in TABLE E of the 2007 CIE support document (the LOS for recreational facilities is only advisory). - The improvements to the Senior Center building, not included in the 2007 update, have been funded by a not previously planned grant provided by DCA. Finally, funding for several projected expenses (such as "Future Small Scale Parks") had to be increased due to price inflation. Municipal Buildings/General Government The 2007 CIS lists a new public works facility to be funded, as the Revenue Summary Table indicates, by the Community Redevelopment Agency. Revenue shortfalls, projected to persist throughout the 5-year planning period, called for the cancellation of the project in the 2008 update. Added to the CIS budget is $400,000 for the Municipal Building Energy and Environmental Initiatives. This project is intended primarily to replace aging mechanical and electrical infrastructure with components that are considerably more energy efficient. While a policy in the Comprehensive Plan has yet to explicitly address the topic of "green" buildings, this project supports an emerging interest in "green" initiatives. Additional proposed amendments at adoption include additional $1,500,000 of funding for the new public safety facility in the current fiscal year, for a total projected 2008/2009 expenditures of $6,500,000. The $1,500,000 had been originally budgeted for the fiscal vear 2007 /2008, but the project was delayed. Roads The significant changes in labor and material costs that have occurred in recent months affected projected expenditures. In the City-financed CIS, recognition of additional needs as well as price inflation prompted increased funding for several items over the planning period. Construction of the Palm Beach County's project on Congress A venue 2 and Hypoluxo was rescheduled; in this case, lower funding reflects a significant cost reduction. In terms of projects financed by private developers' contributions, there have been changes in schedule for 5-laning and 3-laning of Old Boynton Road. These are projects required as mitigation to the CRALLS program and changes in construction timetable are consistent with the permitting schedule (as required by the Transportation Element of the Palm Beach County Comprehensive Plan). CHANGES IN REVENUE PROTECTIONS There are a number of changes in budgeted and planned revenues. These include: - Changed borrowing schedule; - No transfer from Public Service Gas Tax Debt Fund in the proposed budget for 2008/2009, as the previously planned amount will be redirected to the General Fund to help lower revenue shortfall for operations; - Elimination of the CRA contributions in fiscal years of 2008/2009 and 2009/2010 due to a project cancellation (see above); and - Addition of three grants in 2008/2009 (all identified as "committed funding ") Note that in the 2007 update the $400,000 sources . Greenway /Bikeway grant was listed in error for 2008/2009; this amount is included in the 2007/2008 grant revenue for the project. Additional proposed amendments at adoption include an increase of bond proceeds for the current fiscal year in the amount of $1,500,000 (see Municipal Buildings/General Government section). PROJ?OSEi}'PH~GE~l:Q@J$~.Er;lh:;t:~RISEFA:GltmlES Overview The projected expenditures for utility projects have been affected by a number of the aforementioned pricing trends. Overall, there is a drop of approximately 20% in construction pricing for pipelines when compared to the last year's numbers. Some of this decrease is reflected in the pricing for the following projects: . Regional wastewater plant deep injection well . Seacrest Corridor - stormwater, wastewater and potable water improvements . Water supply improvements and expansion Other needs have been identified or expanded upon since the 2007 ClP update; the changes are reflected both in an increase of projected expenditures for existing projects and in new items: 3 . Sanitary Sewer pipeline and manhole rehabilitation . Stormwater pipeline rehabilitation . East Water Treatment Plant chlorine system (OSG) replacement (new) . Regional Wastewater Plant Reuse expansion Additional proposed amendments at adoption include significant changes both to the borrowing schedule and to expenditure projections. Several projects will be postponed; their schedules were moved forward towards the end of the planning period. The adjustments reflect slow economy, flat population growth and revenue constraints. Additional schedule adjustments include one the four major water projects, listed in Table 5.4 of 10-Year Water Supply Facilities Work Plan. The WSFWP was adopted by the City on October 21 sl and already reflects the aforementioned change. In tables included in the following sections, the additional changes are coded in red (as opposed to the blue-coded numbers indicating modifications to the 2007 update of CIS). Revenue Sources To accommodate these added expenditures and amended project schedules, the City has restructured its revenue bond- and state revolving loan schedule as shown by the table below. As per comments in the previous section, the table reflects additional changes to the borrowing schedule introduced at adoption: Type of I I I i I BondjDescription ZOQ7/2~,\1/., 2~ -FOlO_FIW20l1 tOl1/20l2-+201~0l3 ,,,;.- .,:~.", ., ; i Revenue bond; City Commission approved I I increased rate schedule I! I I' I and capital facilities $211,OOO,()m~ i ! o I $20,000,000 L~"'''''')II~~'' "'''' "'" charges to ensure revenue for debt service (Ord. 07-023) I ~ , I State revolving loan (see $16,000,000 S10,OOO,OOO 'blO,OOO,O()() I S~' .iHIU,OOC' above for debt service $6,000,000 $16,000,000 $4,000,000 S13,OOO,OOO I revenue). I 4 Changes in Funding of Selected Projects Project Name: Wellfield Interconnection; Project # 109 Project Location: From West Wellfield to East Wellfield (see Map A) Project Description: This project involves constructing approximately 7 miles of large diameter water main from the western boundary to the eastern boundary of our service area. Project Justification: It will allow the City to utilize water from the western well field at both treatment plants, and reduce long-term demands at the eastern wellfield. The eastern field is limited due to its proximity to the Atlantic Ocean. (UE Obj. 3Cl, Policy 3Cl.lO, 3D.l.l) Funding Source: Mixed: Capital Facilities and Reserve funds Estimated Cost,j;g@Q~~gQQ& 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 :'-dj(i::~'"';i"ii:~)-",,', :'1: 't'",,~W;\'t~ r,.' , Design < 901,000 Construction;, 2,000,000 7,701,000 7,701,000 7,701,000 4,701,000 Other TOTAL.; 2,901,000 7,701,000 7,701,000 7,701,000 4,701,000 Project Name: Construction of up to 5 new Floridan aquifer supply wells; Project # 110 Project Location: Western portion of service area (see Map B) Project Description: The City is planning to construct up to 5 new Floridan aquifer supply wells in the western portion of its service area, so as to extract a potential 10-12 MGD of brackish water from the Floridan aquifer, for treatment at the West Water Treatment Plant. This project will include constructing the necessary pipelines to connect the new wells to the Treatment Plant site, and also construct a required monitoring well. Project Justification: The Floridan aquifer is a confined aquifer, and although brackish in nature, it is not impacted by droughts increasing demands on the surficial aquifer system. The added capacity afforded by these wells will be necessary to meet buildout demands. This new source of supply will require modifications to the West Treatment Plant, in order to successfully treat the higher salinity water found in the Floridan aquifer. (UE Obj. 3Cl) Funding Source: Mixed: Capital Facilities and Reserve funds Estimated Cost '2.00:S;l'~9Q~ 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 .. ",' '......... -"', Design;;,., "'.' 500,000 Construction ~... C;:;7\7? 0 ...... 5,433,000 5,933,000 5,933,000 3,683,000 Other";' :','.' ;., <.', TOTAL 'i', ;iT:;;;;:'''',,", ", q ,r. ';;' 'i ..... 5,/33,000 5,933,000 5,933,000 3,683,000 5 Project Name: West Water Treatment Plant re-design and modification to treat brackish '^,'db']' I Project # 111 ._-~ Project Location: West Water Treatment Plant - 5469 W. Boynton Beach Blvd. I 1 Project Description: This project is coupled with water supply projects to interconnect the two I existing wellfields, and install new Floridan Aquifer wells. The plant will be re-designed and I modified to remove the additional dissolved solids found in the brackish water of the Floridan Aquifer. I j j I Project Justification: See above. (UE Obj. 3C.l, Policy 3. C.l.3) ! Funding Source: Mixed: Capital Facilities and Reserve funds Estimated Cost 20Q~tg0()8 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 Design "," "", ,,', 500,000 610,000 SOO ,OOll :. ,< Construction " +-,-ISO ,00t) ! ~)Q5,O()O 2, (':13 5 .l'lWl-l .,' ' I 1,150,000 >"" ,,:, '" , ------ --~ Other i I I I ::;, 1~5.()(lO I +;f+~ - ~ TOTAL ~ ,135 .l)0(J I I I 1,650,000 6 Project Name: Expansion of Reuse Water System; Projects # 1, 2 and 3 Project Location: Se 23rd Ave., Seacrest Blvd. , SE 4th Street Project Description: The City of Boynton Beach, as a co-owner of the facility, is in the process of increasing the capacity of filters and disinfection units at the regional wastewater treatment plant. Eventually, the plant entire wastewater stream can be treated as irrigation-quality water. This project will include the expansion of the distribution system for reclaimed water. Project Justification: The City intends to use expansion of the reclaimed water system as a means of securing additional water allocations from the surficial aquifer. (UE Obj. 3.C.3) Funding Source: Capital Facilities Fund (expansion-related) Estimated Cost 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 7 CAPITAL IMPROVEMENTS SCHEDULE FOR FACILITIES FINANCED BY NON-ENTERPRISE FUNDS SU",,""All~ ,. AB\.ES CAPITAL IMPROVEMENT FUND FIVE YEAR BUDGET PLAN - SOURCES & USES ACCOUNT DESCRIPTION ~q07/~H~8 2008/2009 Four Year Projection I ....' .E$~imij,~,:'i ' Adopted Budget 2009/2010 2010/2011 2011/2012 2012/2013 "'''' BEGINNING FUND BALANCE $ .)' $ 9,907,399 $ 6,770,099 $ 4,914,204 $ 5,707,196 $ 3,453,217 . '., '\",' REVENUES Ii;;::.,;; \;;"".5~8,' .$ ~~ 9,829,000 $ 21,325,605 $ 3,498,742 $ 1,707,771 $ 7,500,000 I ',ql"',., EXPENDITURES ir ;{23:~i~;~~f)) $ (12,966,300) $ (23,181,500) $ (2,705,750) $ (3,961,750) $ (8,730,750) REVENUES OVER (UNDER) EXPENSES $';' (16.3'78,102) $ (3,137,300) $ (1,855,895) $ 792,992 $ (2,253,979) $ (1,230,750) ! , . ," ENDING FUND BALANCE $ 9,907,399 $ 6,770,099 $ 4,914,204 $ 5,707,196 $ 3,453,217 $ 2,222,467 9-20 CAPITAL IMPROVEMENT SCHEDL : REVENUE SUMMARY REVENUES "{~}f~~'~{19~~'!I:: 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 :*~"iltlm~\gc:t~~ Adopted Budget Projections Funding General City Projects ,( Transfer from PS Tax Debt Fund ~ t 0 425,605 598.742 807,771 900,000 Transfer from Parks & Rec Facilities Fund 540,000 2,000,000 Interest Income 425,000 250,000 250,000 250,000 250,000 Grants 1,494,000 5,700,000 Local Option Gas Tax \, 650,000 650,000 650,000 650,000 650,000 Boynton Beach Memorial Park Fund 220,000 BOND PROCEEDS - 2008 PS TAX ISSUE............................................................~.....................,...... 6,500,000 20,000,000 Ocean 95 Cost Share ." .... .. 11Wr Total Funding for General City projects~I~~i~ll!I~(~ $ 9,829,000 $ 21,325,605 $ 3,498,742 $ 1,707,771 $ 7,500,000 ""c'''''. "':,:".-CC"."'";:(,.:.,":".<""",, '""".,' "~'":''''':r'':''' .;/".""',,,;,,,,::., :,,":":;:',"'" "',. ':. """",) " ~ ~ Grants ~ IBoat Club Park Renovation (PBG) ,.T" Boynton Inlet Study (SFWMD)"" City Hall Wind Retrofit- HMGP Grant Congress Ave Community Park Development 5,700,000 Greenway/Bikeway (T -21) Jaycee Park Development (FRDAP) Jaycee Park Development (L WCF) Park Development Galaxy Park (FDACS) Library Planning Grant ,~, 200,000 Rolling Green Safety - Fed Allocation 294,000 FEMA - Hardening of Station #5/EOC 1,000,000 Senior Center Improvements Wilson Center (County) Wilson Project (I-KUA~) Total Grants ;!J:~J.11SSI,a,~~: $ 1,494,000 $ 5,700,000 !~'.' ..... ~,. .,. ~,'::::'''''iBlr'' '.. .". ..... .. ..,. .... .' TOTAL CRA.:, "" ,C"., '"",:>'" 9-21 CAPITAL IMPROVEMENT SCHEDULE: EXPENDITURE SUMMARY .. "'2007/2008/ 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 ....,... '" . . Total expenditures for PROJECTS ....-... ... . ;<c,' .~.< ",- '.".~ '. - 5-year planning period ;,Estiiliat~ ( Adopted Budget Plan Plan Plan Plan '. ,.. .":",',., ':"~<,"0 '~ ",:. .. ...'~"" ..; : : .. ".". ," -; ':...", Total General Governmental lr',3,772:~91i $ 8,993,900 $ 21,840,000 $ 805,000 $ 895,000 $ 575,000 $ 33,108,900 Total Recreation/Parks $, t1,e64,Z~!5 $ 1,346,400 $ 296,500 $ 845,750 $ 2,131,750 $ 7,170,750 $ 11 ,791 ,150 . $~'2,44 7',5C)d --.... Total Transportation $ 1,392,000 $ 1,045,000 $ 1,055,000 $ 935,000 $ 985,000 $ 5,412,000 .' $';'" 5,841:863 - TRANSFER TO - Fire Assessment* $ 1,234,000 $ 1,234,000 .0.'." :' SUB-TOTAL CIP PROJECTS $ 23,926,549 $ 12,966,300 $ 23,181,500 $ 2,705,750 $ 3,961,750 $ 8,730,750 $ 51,546,050 *Includes FEMA grant dollars. For expenditure changes from 2007 version, see CIS tables, Y-22 CAPITAL IMPROVEMENTS EXPENDITURES: PARKS AND RECREATION CAPITAL IMPROVEMENTS EXPENDITURES: PARKS AND RECREATION 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 Projected Tota/ Compo Plan PROJECT DESCRIPTION Adopted Cost (over 5 Estimated Budget Plan Plan Plan Plan years) Objectives/ Policies w' 'A:~~'- 'f'!, ,;:1~-;:"~ '>'.",~":< :?'S1:~'t"';;r;~l-1lj:~ ",,'i.';';:.'- ~,.;,'i(:O"";:;;",.:i":/,L'Hr.;,,\:'.:>,:,,',,~,,,~, ;".~''';.;;''''''.' -,,"'.,;; . ',J,.'- '/r;&di'r.,.,;,~..,-:ri' '< ':t':';""1" ,(l':;::;i\~:,J,;'''~.. ','kIt- ~--., i'.':P'6"'~;':i;~';.t;;'~';;;":;...s),,'#A^-:'" Art Center . Replace Roof 50,000 50,000 BiooAtoAAial Park Park ReAo'lation ~on N'ln 0 .., ~ . . n~.I, n+ '2MOO 0 Boat Club Park ReAo'..a~OAS A~7 I:nn 0 .., ~ , . . Boat Club Park - Dredge Canal 65,000 35,000 35,000 Boat Club Park. Bait Shop Repairs 50,000 50,000 Boat Club Park - Playground Replacement 45,000 45,000 Policy 5.3,1 Congress Ave. . Boundless Park Dev. 2,Q.QOI00O 0 5,800,000 8,700,000 Policy 5.3.5 Future small scale parks CIP 50,000 65,000 65,000 65,000 70,000 70,000 335,000 Policy 5.3.1 Galaxy Park ReAovate Ballfield .c 0 ') ~ . . Green/Bikeway - Purchase of Land 300,00 100,000 100,000 200,000 Obj. 5.1, Pol. 5.3.5 o,....~, ~H! n7, #6;01Q 1"'110.; h ~ , r>.~~ftft I[)h~ft~ 1\ AAn nn, 440,000 f'\h; I: ~ , Green/Bikeway - Palmetto Greens (Phase II) 400,000 400,000 Obj.5.1 Hester Ctr HVAC Small Units ~I ~ ~ Hester Ctr - Gym Floor Refinishing 011 26,000 7,500 7,750 7,750 7,750 56,750 Hester Ctr - Landscaping Improvements . 50,000 50,000 Policy 5.3,1 HibiscusPlaygFOuAd ImflrovemsAts 30,000 Inl;"" h ') 1 IntracoaEtal Park . ClubhOuse 0 onl;"" I: ') ~ Intracoastal. Clubhouse Painting 45,000 45,000 IAtraGOaEtal Park . Furnish,ings W;OOO fMOP ,J:, "..,. . . Jaycee Park Impr-ovomoAts ~ :.:.n nnf' 1,560,000 '~1;".. h .., ~ , , Kids Kingdom. Painting and Sealing 20,000 25,000 45,000 Laurel Hills-Single Rail Fence 30,000 30,000 LL Park. Sod Renovation 5,000 5,000 5,000 5,000 5,000 5,000 25,000 Meadows II Nautica Sound Park - New Park 0 600,000 600,000 Policy 5.3,1, 5.3.5 Mangrove Walk (benches/cans) 30,000 30,000 Oceanfront Boardwalk 2,~50,OOO 0 1~I;ft, ') ~ . . Oceanfront - Seal Parking Lot 25,000 25,000 Obi. 5.2 C'. ~ ..,nn (Inn 0 rlh; 1:'> , Oceanfront-Enlarge Maintenance Bldq. 30,000 30,000 --- Oceanfront. Playground Equipment 40,000 Policy 5.3.1 --- Oceanfront Park Building Replacement 500,000 2,000,000 2,500,000 .<_11 c+,,;,.. Oh.. o",II;nn A,,,,,,, 4O,OOQI1 0 1/"\10.; h '> ",- OGeGAfroRt Handicap IJValkway 4G;OOQI1 0 '>7 9-23 CAPITAL IMPROVEMENTS EXPENDITURFS: PARKS AND RECREATION ~;~;~Q9Jl~P'~,~t. 2008/2009 2009/2010 2010/2011 2011/2012 201212013 .. ~~:u~ Projected Total Compo Plan PROJECT DESCRIPTION Cost (over 5 Plan Plan Plan Plan years) Objectives/ Policies 10,000 10,000 10,000 10,000 90,000 Policy 5.3.1 25,000 30,000 30,000 30,000 140,000 Polic 5.3.1 30,000 150,000 30,000 Policy 5.3.1 .~ '. ,. " 200,000 250,000 Polic 5.2.9 200,000 250,000 Policy 5.3.1 30,000 Ob'.5.2 TOTAL, PARKS AND RECREATION (improvements costing a total of more than $ 1,249,900 $ 281,500 $ 741,750 $ 2,131,750 $ 7,160,750 $ $20,000 over the 5-year period) Total for other, non-itemized improvements, costing $20,000 or less over the 5-year period GRAND TOTAL NOTES: * The striked-through items are items that were listed in the 2007 CIS update; they have been eliminated either because they will have been completed by the end of 2007/2008 fiscal year or because, due to revenue shortfalls, they were moved beyond the current 5-year planning period. * The blue-coded are added Items and changes in projected outlays as compared to 2007 CIS. 9-24 CAPITAL IMPROVEMENTS EXPENDITURES: ROADS CAPITAL IMPROVEMENTS EXPENDITURES: ROADS T tal Compo Plan Pro.e to. f FY FY FY FY FY FY o. Obj./Policies J c escrap Ion 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 Project (Transportation Cost Element) ,ii',; li?~;~,~;; """""'':"';"",,;,,,,,}:,,.) ~'~';: -;:-::TTS,-';; -'i ';". "'.",,?L",;,S',;~,,),;\,, f",;'",.,;"", "",'" ':'>,';,;"-:"';,', ';,',;!.:c,~.t,:,~';;":' ".! . "';"';";,';:~l;';:';.' /, ,::L '-":;O:,"'i'?'.,;CX{:" ,.,t,., """",'; i/,'.:,::;:'''':;';. ,jti;~'b'f' :,.e' ,c:' , l.V, ",.;,;,,,'''' " ',; , 'k" ':,;>';;:;;:LJ';: UiS, ,~~;,,:;;;;;,,<i,t:'~ef, '.,., '", ,i"",;, '""',, '-'", \,:<::"" ?;"("czf't),' " ' Streets _ Pavement Improvements 486,500 625,000 625,000 675,000 675,000 725,000 3,325,000 Obj. 2.1 Wayfinding Signage 0 280,000 280,000 3~iS~::;:)j .::i" """',i':" ~~~~:'f~~~~' ~"'i'i, ',' >- >. "" ""," '" :"""'1t\\ ,,,,,,,,::,,:;,:,>>-:,':;:1'< r;;",',; ,', ~ m'" .', '~'" ';'i' ,",::;,;, -"""', ",,<",Yi',;/';' f'""',i;J';;,{,:r,1,:"","','i'-,",',",,",';J;' I,'>ce, "" '" Zi' ,."".",~",; ;'"::''' >"<';;';",,, _ ,.,,~,,>'i/ ",..,,,,.,,,'" ,..' ,'" -,',' ~',''''",.<,' '. ',"'."" ',.",,",; . .,,"',' ,-",!:\ ,.,'"",'",~",'i.",.',.""""t:';""'"'' I., '>',,"', ',,' '. . ,,~.:,t,,;,:J ;;"'-.i,j'l.I'''.''J;';-.':','~.'''''''.';''''''.'.'.'''' ';"":"""""''''' ',{",,' ~".c.' '.~."> .'."""""''7.'':'''. ""'".J.'.....'.'.';; ." ;;~I"ii;:~~'1." " ,., ;",i'" '''., . '., :, ....'. ,".'" ';'/:!i<i'~ 6t, . ,",:. :\':,.#:::r'!.:';c.I;, ...., totlil~OGE!3AiQ5;~~hMgtln(JystFiarpaFkr;"F,;;;"\:':;', lGlI"?';"~h.i ". .. ',i'ir"",. ,'<!,J'C"';{';;; . ""'. ,,; '''f,600~QOO/''., .. Sidewalks _ Gateway/FEe Tracks 125,000 125,000 Pol. 2.2.12, 13 Sidewalks _ Replacement 125,000 150,000 150,000 150,000 175,000 175,000 800,000 Obj. 2.12 Sidewalks _ New 166,000 85,000 85,000 85,000 85,000 85,000 425,000 Obj. 2.12 ,::;,.;;;:'it?:"'",(1i:.":.":;', \ ,." .:;;-;:,':' . _.' . r-,\"" . ""p;):y,:e'. -"'; -'./; h t'1r,"i~, ' , ", ....... ; ':'Z!0,,;,)" I' <F. "i". ',' BR~g~~~p!".~~lCepA'~ii: J,>",,;,\,\,:\,,> ;" )f ',1.;!:,'.';" ',;"..",! '; ,,-, ;';.!;'..ij'...'...,.,.i.....,.'.'.:-,'.:.:..'.;;:.:.'.'.'.".'.;.~.;,:....;.i;.;.'.-.:.;?;'.'....:i..'.. .i....'.'.:.".:"..............',.-;. "':"-... ','-.~, ',_ 'J; 'p,':"" ,'. .,," .. '",' ~""",.",; ';'';''-'" .. ,;i',;;;;."".,:~';'\' ~;;;'.';i"!~; ", ':.:if"" '.')!.'.' b, ;,: if'd'i"!R:""":"""C"'~ lO''':'''~;i, ,"'i' ..,,';,';')."" F'~., ",'i"'" g", ;':: ,,' ':",,/.' ,,""'; ,,.'-:'.......,, i. '.,;-ie" ,"-'0"" I". ' ' ,A 9~, epCllfE.9 a. nv,- , ,'"c.'.',{',,' ,,.,,;,":' 'c" ,. ',,' i"";"" ", I;;;' . ",,', " Bridge Repairs-SW 22nd Avenue 85,000 85,000 Bridge Repairs-Miscellaneous 42,000 42,000 Bridge Repairs-Gateway Blvd. - West 140,000 140,000 Bridge Repairs-Gateway Blvd. _ East 145,000 145,000 TOTAL FOR CITY PROJECTS 2,447,500 1,392,000 1,000,000 1,055,000 935,000 985,000 6,897,000 9-25 CAPITAL IMPROVEMENTS EXPENDITURES: ROADS Total Compo Plan Project Description FY FY FY FY FY FY Project Obj.lPolicies 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 (Transportation Cost Element) II County Projects (construction expenditures) "~, Intersection Improvements on Congress $0 $870,000 $870,000 Obj. 2.1 Avenue/Hypoluxo Road (adding westbound right turn, and 3rd through northbound lane) --:-c III Stat~ (FDOTJPrQjects: Nonec~pacity-related " c, '.' '. .', ',," '" .'. ' . , , ',." , .. .. . IV Projects Financed by Private Developers' Contributions Projects reauired as mitiaation to CRALLS: -..- "'_"___'_,w,..,,_ 6-laning of Gateway Boulevard, from $1,000,000 $760,000 $1,760,000 Obj, 2.1, Pol 22 ,.' Congress Avenue to High Ridge Road '... ,-..------........- Construction of spine road from Gateway $363,00C $363,000 Obj, 2 1 Pol 2 2 Boulevard to Old Boynton Road .~..._- f---" ,.--.--- - " 5-laning of Old Boynton Road from Congress Avenue to Spine Road $500,000 $1,500,000 $2,000,000 Obj.2,1 Pol')? - . -. .. -- ~. - , 3-laning Old Boynton Road from spine road $1,000,000 $2,500,000 $3,500,000 Obj 2 1 Pol 2 2 to Boynton Beach Boulevard · For list of road improvements included in Boynton Beach CRALLS mitigation measures. see the relevant section of the Palm Beach County Comprehensive Plan in Attachments, Some Improvements were completed in 2006/2007 and are not listed, The striked-through items are items that were listed in the 2007 CIS update; they have been eliminated either because they will have been completed by the end of 2007/2008 fiscal year or because, due to revenue shortfalls, they were moved beyond the current 5-year planning period, The blue-coded are added Items and changes in projected outlays as compared to 2007 CIS Numbers and comments amended at adoption are coded in lell !~uIL : ,Ute' ~:dVtjliiciil iiiifjiijvl:iliielilS ,., ri \ mrediU!: ul erru, il0wevei Hie tutd! eXfJeditures iur transpurtatlon Iii tns summary table was entered correctly as $985.000 ""Ufilllrll Y i3"f.!e"dlllJli' kiLit Ult:, '.lieded di! IULfil1 IV if ie 2()Uj/LLi! 1J IS S i .045,00U, me difference is cJue to the exclUSlor, Iii thiS table uf a projed imrel3ted tuapaclty 9-26 CAPITAL IMPROVEMENTS EXPENDITURES: MUNICIPAL BUILDINGS CAPITAL IMPROVEMENTS EXPENDITURES: BUILDINGS/GENERAL GOVERNMENT 2g0Z/2,gQ8 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 Total project DESCRIPTION'g~tirt1~t~a";'~ Adopted Plan cost (ov~r 5 . ,..,j";\~;X'!'S~0fli'i'i"'?"i~ Budaet year penod) ADA Compliance 300,000 400,000 400,000 400,000 250,000 1,750,000 General BuildinQ Infrastructure UpQrades '. 70,000 70,000 70,000 - 70,000 --" 70,000 280,000 Library Expansion "5. 800,000 -- 800,000 Municipal Building Energy/Environmentallnitiatives 100,000 100,000 100,000 100,000 400,000 Old Hiqh School- Demo/Parking Improvementsc, 625,000 1,125,000 Police - New Public Safety Facilityi;iY:'tftk'!:'?"i~,i\J() 6,500,000 20,000,000 26,500,000 n..L."_ "~<~J.. ,...; "" ; ':1.34;~fiO ; ~ . .' 0 i,.,.",. , '>44.b,aOQO ... .... ..,' ..'. '. .' 0 PllelioWeFl<S L~l'IdJor~l}'.\lf~~ility ,',. .... ,. ,,;>" '".. 2,@00,000 . .... .'. 2,300,000 '.." ''',>> i;' .......,it ...... $;000,000 8,000,000 Publio Works New Compound EflginooriRg Fees.,x · ". 300,000" 300,000 600,000 School Museum Refurbishment .ii';;"'. ,"c. 25,000 300,000 325,000 ....-..-----1-. -- - ...--.---.---- -. _....___.. '" Total for Major Buildina Improvements";'" 8,420,000 20,870,000 570,000 570,000 320,000 30,750,000 ........- ',., " ..-- - .-- I- - Total for Other Improvements ,i':"i ,~ 573,900 970,000 235,000 325,000 255,000 2,358,900 ~_:-;-;-<,:(t:~"~...,t,~;::::",, ~ TOT AL'i'-', 3,t7~i~01 8,993,900 21,840,000 805,000 895,000 575,000 33,108,900 NOTES: . There are no established LOS standards relevant to projects Included in this table. The City's commitment to ADA compliance is conveyed by numerous objectives and poliCies e,1 the Comprehensive Plan. Including Objective 2.5 in the Transportation element, Policy 51 A In the Recreation and Open Space element, and 6,9.6 in the HOUSing element . Major Building Improvements include projects with a significant impact and a total projected funding of $250,000 or more over the 5-year planning period. The striked-through items are items that were listed in the 2007 CIS update, they have been eliminated either because they Will have been completed by the end of 2007/2008 fiscal year or because, due to revenue shortfalls, they were moved beyond the current 5-year planning period. . The blue-coded are added Items and changes in projected outlays as compared to 2007 CIS I he red-coded number Indicates the amendment at adoption 9-:<'7 CAPITAL IMPROVEMENTS SCHEDULE FOR FACILITIES FINANCED BY ENTERPRISE FUNDS UTILITIES SOURCES AND USES (page with strike-through numbers and replacement page; numbers amended at adoption coded in red) CAPITAL IMPROVEMENT SCHEDULE: UTILITIES SOURCES AND USES OF FUNDS FUND 404: used for expansion-related projects. Includes capital facilities charges, and bond proceeds (those used for expansion projects only) Account Descri tion Budget Year ;:,~OO""~008;r 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 B Innin Fund Balance ," ',"ff;,"",,'$54'019.962 $25,724,020 $22,515,601 $10,328869 $3,853 039 $839,007 , , '" .,,~'l'!_~;:,A"'l,J";:"':~;-,.\~,; Revenues ,(.J1(f::_~:~':;,;~;)~~!~Wf:E\~\~W~~i,; Interest Earnln II $871,681 $eM;4+{) ~ ~ Ca Ita. Facilities Cha $2,500 000 $2,500 000 $2,500,000 $2,500.000 Grant Opportunities - Alternative Water Su I SFWMO Revenue Bonds 1/ $0 $8000.000 $8,000,000 State Revolvin Loan 1/ $6.000000 $3,000,000 Total Revenues ~ $11,026,954 $13,588,396 Ex enditures Ce ltal Fac. Growth ro ects $21,634 000 $15,634,000 $15,719,000 $10,384,000 $16,094,000 $13,634 000 $13,634,000 $8,384,000 $3 540,000 $85,000 $2,000,000 $2,000,000 $2,000,000 $2,000,000 Mixed fundln ro ects $15 634,000 $10,384,000 $3 204 396 Ending Fund $3,8&3,039 $2,3&&,389 Notes: . All revenues are commilted revenues. The City Commission approved Water, Sewer and Stormwater Rate Study and resulting increases in rates and capital facilities Charges (see Ordinance 07-023, attaChed), thus ensuring revenues to pay debt selVice on the bond to be issued. Projections for capital faci"ties charge revenues are based on approved Charge increases and on conSBlVative projections given historical and current trends. The City has been awarded the SFWMD $1,500,000 grant. . Interest eamings are estimated at a conselVative rate and an assumption of a declining balance. 1/ Debt beyond the 201 012011fiscal year will require additional rate study and adjustment. FUND 403: used for Repair and Replacement (R&R) projects. Includes bond proceeds (those used for R&R only) Account Descri tion Bud etYear 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 inni Fund Balance $13987,044 $9,564,450 $4,897,706 $2,131 649 $7,364 153 Revenues Interest Earnln II $488,W9 ~ ~ ~G4 ~1; Transfer from 0 eratln ~ $1,000,000 $1,000,000 $1,000,000 $1,000,000 Grant Opportunities - Alternative Wate Su I , SFWMD, Lake Worth La 00 Revenue Bonda $20.000.000 State Revolvin Loan $4;QOO,OOQ $10,000000 $() Total Revenuell ~ $11,6JU94 ~ Ex enditures $83,000 Mixed fundln ro ects $5,232,504 $4,706,115 ;. ~". ",,'0 Notes: . All revenues are committed revenues, The City Commission approved Water, Sewer and Stormwater Rate Study and resulting increases in rates and capital facilities charges (see Ordinance 07-023, attached), thus ensuring revenues to pay debt setVice on the bond to be issued. The approved Rete Study aiso accounted for revenue requirements for debt selViee on the state loan. . Recurring revenues include a budgeted transfer of $1,000,000 from operating revenues to reselVes eaCh year, . Changes in revenues from the 2007 version are coded in blue. For changes in planned expendrtures, see CIS table. 9-37 CAPITAL IMPROVEMENT SCHEDULE: UTILITIES SOURCES AND USES OF FUNDS FUND 404: used for expansion-related projects. Includes capital facilities charges, and bond proceeds (those used for expansion projects only) Account Description Budget Year 2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013-- Beginning Fund Balance $34,019962 $25,724,020 $22.515,601 $10,342,869 $3,895,529 ($753,029) -.---... ... Revenues Interest Eaminas " '$914,058 $87'1.681 $961,268 $686,660 $570,442 $427.405 CaDltal Facilities Charaes $2 500000 $2,500000 $2.500.000 $2.500,000 $2,500,000 (~-' ~:in "()!I Grant Opportunities.. Alternative Water sUDDlv, sFWMD $1,200,000 J1 ',0,. 00<, ! i Revenue Bonds 1/ $0 $0 $e,OU~) ooe $8.CJOD DOL. State Revolvina Loan 11 $6 000 000 $6 000.000 $3 000 DO" Total Revenues .' $4,614058 $4,877,581 $9,461.268 $9,186,660 $11,070,442 $13.927,405 EXDenditures I ...-- , CaDltal Fac. Growth Dro'ects ....."1 $12,410 000 ($8,086,000 $21,634,000 ($15,634,000 $15,719,000 ($10,384000 Water .',.' , .. $29'10.000 $3,081,000 $16,094 000 $13,634,000 $13,634,000 $8.384.000 Wastewater ': C '., . ,$1'000000 $3,005,000 $3,540,000 $85,000 Reuse ',... ':,'$6500:000 $2000,000 $2,000,000 $2,000,000 $2,000000 $2.000 000 Mixed fundino Dra'ects ($500 000 --- ----...- Waler , $500 000 - -'1 Wastewater .'. . .- Reuse " - Total Exoenditures ", $12,910,000 ($8,086000 ($21,634.000 ($15,634,000) ($15,719,000 ($10.384000 Revenues Over (Underl expenses :,,;\~'\.i$8 295 942 ($3,208,419 ($12,172,732 ($6,447,340 ($4,648.558 $3,543,405 . ""'." ...'" :..'i,... ,." " ." -. ..... .... Ending Fund Balance $25,724,020 $22,515,601 $10,342,869 $3,895,529 ($753,029) $2,790,376 Notes " All revenues are committed revenues. The City Commission approved Water. Sewer and Stormwater Rate Study and resulting increases In rates and capital faCIlitIes charges f see Ordinance 07-023, attached), thus ensuring revenues to pay debt service on the bond to be issued. Projections for capItal facilities charge revenues are based on aoproved charQ(- increases and on conservative projections given hIstorical and current trends. The City has been awarded the SFWMD $1 500,000 grant .. Interest earnings are estimated at a conservative rate and an assumption of a declining balance 11 Debt beyond the 2010/2011fisoal year will require additional rate study and adjustment FUND 403: used for Repair and Replacement (R&R) projects. Includes bond proceeds (those used for R&R only) Account Description Budget Year .'.2007/2008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 Beainnina Fund Balance $7......358 $12,099,322 ($12,833,952) ($5,879.403) $737.240 ($149,097 Revenues i ---.--- Interest Earnings " $368;680 $495,396 ($90,451 $250,643 $514,663 $356,462 Transfer from Ooeratlna ,;"".,' '. $0 $0 $1000,000 $1,000,000 $1.000.000 $10000Q.Q.. Grant Opportunities. Alternative Wate . :..' , Supply. sFWMD, Lake Worth Lagoon ,$750000 , _m.__ Revenue Bonds i" $27'600 '539 $0 $20,000,000 State Revolving Loan ii:' ',co' $0 $10,000,000 $4.000,000 $10,000,000 Total Revenues ,;$2$:7111419 $495,396 $20,909,549 $11.250.643 $5.514.663 $11,356.462 .:..,....:' -- ---- ..,__ Expend itu res .', ',' ".."" --, ..- ..... Water 'i '.'. $9164$A66 $12,400,670 $6,187,000 1$1,672,000 ($1,742,000 ($3,627,000 Waalewater $8\_:000 ($6,870,000 ($3,950,000 1$1,995,000 ($2,310,000 ($2,835,000 stonnwater ". $2 :110000 ($4,470,000 ($3,755,000 $904,000) ($2.286,000 ($675,000 Regional , $4i063 000 $563,000) ($63,000) ($63.000 ($63,000) ($63,000) Mixed fundina orajects "~. -.,.... .-- Water . :,,', ('. ($233 '334 ($375,000 - - "..--- Wastewater ." $233;334 $375,000 stonnwater ($233332 $375,000 , ---.-- --""..---.--. ...-.......-- Regional '. ; ""-";""',,, Total EXDendltures $24i6611.;465 {$25,428,670 ($13.955,000 1$4,634.000) $6,401.000) ($7.200.000 Revenues Over IUnderl expenses " '$4i14',_ 1$24,933,274) $6,954,549 $6,616,643 ($886,337 $4.156,462 " "',' . Ending Fund Balance '$12;Q9$,322 ($12,833,952) ($5,879,403) $737,240 ($149,097) $4,007.365 '."':", ,,::.-.>.,. Combil1e<!-:Reve,.ues'!:i:':'", .""" ,. ,. "''':''''~_'''llm " :,;:;;*,"J~,;I;'W',\,;$JO;$'N,l;817: '$2Q.ll$i'~'i { :$ffj$lAo,.,il' "$.~7 C0rl1bii'Mjdi~pt!!1fI8S;:9::/,l':.;r., "";""':':; . '(,;,(e'l<J7S~ - '" ,'.....n: ~_$l..;00G), " ($20}"" ",,~~lf'/::L$lf'~_) Comb. Revenues Over (UndGt) ,", ' ~ -. : ,,' '''',f,' ';" :;I~,~.~st' r; .ii;;;~~.g67 Expen.sH'. "" ';, ' ' "", $169.~OJ, Coiribfri~ci'Fail'dBatani:ei,' '., " $'31;823.342: $4.637,_ "~\~_2:1281 "$1';7it;741 Notes .. All revenues are committed revenues. The City Commission approved Water, Sewer and Stormwater Rate Study and resulting Increases in rates and capital facilities charge5 (see Ordinance 07-023, attached), thus ensuring revenues to pay debt service on the bond to be issued The approved Rate Study also accounted for revenue requirements for debt SW\'!C'E on the state loan ~ Recurring revenues include a budgeted transfer of $1,000,000 from operating revenues to reserves each year ~ Changes In revenues from the 2007 version are coded in blue For changes In planned expenditures see CIS table q-~:' CAPITAL IMPROVEMENTS SCHEDULE (pages with strike-through numbers and replacement pages; numbers amended at adoption coded in red) FIVE-YEAR CAPITAL IMPROVEMENT SCHEDULE jU (),211(1}\ UTILITIES DEPARTMENT ~ _2_'"_"______ >.~.....~- ~ :uo '" '" ... ... '" ..... 'i: ~.~ .~ ' ~~9mOO8 "" ... c Project Name 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 ..., 0.11 . ~ .- c Ol U E;e l!t~p~!i~h~~~$ ... -:;; Q" U 0 j {;4~$~~~.;j~~~,~~~ii:,:~1t~y~,~. I'IW.II ( I" 10 III II 'dll IlIIW\1 \( 01 '\ I .10-1 (( \1'11 \1 I \(IIII11"(II\({(.I"II'\Il) All projects listed below are growth-oriented: they provide capacity to serve new development. New development pays capital facilities charges, which constitutes the fair share for the impact it creates, The other most significant source of funding for these projects over the 5-year planning period will be bond proceeds, Reuse system - ~-_._..__.--- The City's reuse system is in the earl} stagcs of development. Reuse product is created at the Regional Facility: the current limited pipeline distribution system will be significantly expanded to carry it to the City for residents and businesses to use in substitution of potable water for irrigation purposes. --....--- Obj.JA3,3 CJ, Reuse DistributIon System 8 MGD =.1\1 H 1.1'111' ~.I111i I {!I ill .~.I 11 11 : I \i )1 PoL3C 3 4 -~-- -- ._---~._-- 2 Obj3A3,3 (3. Reuse Water ExpanslOn- Regional Plant PoUC 3 4 Regional Plant Reuse Exparls10n to 24 MGD (the regional plant has been issued orders Obj.3A3. 3 CJ. to cease using an ocean outfall pipeline for disposal, therefore making the wast ter PoL3C 3 4 treatment plant a 100% reuse generation plant by end of 2008; d will eventually be used during wet weather) Wastewater syste _.~---- The wastewater system's upgrades include addition of two lill stations and upsizing ~- _~_.__u ~ -~- J I EX PoU^11 New Master LIft StatIon at East Plant Site 0 I ---- . ,. II "'" ~.~J.u I ' ,!:: ' LX Pol.3A I I Phase I New FOlce Ma1l1 ti.01l1 East Plant SIte to RegIOnal Plant, new force mam LS 6th 1,000,000 . -7~(! Ii( Iii A venue and new LS SE 6th A venue -------_._~-~,----- --. l~ 850001 R EX PoI.3A.1 I Rehabilitate Master Lift StatIon 80 I for increased tlow '.0 ~ 225,001J ._.,~- ----.--.-....-- 9 EX Pol.3A.1 I RepIace/Upsize LS 409 Force Main Water System L_ I ! - -- - ----------------.-'.-- ___."__...'.___'.._.'n_u. '_'_.'"__.~___. 'he water system expansion mcludes plant infrastructure additions to the two existing plants, distribution Ime (pipeline) expansion and additional storage to harldIe more capacit} -T--.-..-----------..~.---~.--._------~'--_.~..~~~- 10 EX Pol3C 1 I 16" Water Main 011 Nt: 6th Ave from Federal Hwy to Nt: 3rd 5t 2 I 0,000 -~----- ----.._--~ 1 ~' EX PolK J I 24" Water Main on WooIbrigh! Rd from Federal Hwy t~.~!c.~s..t~t 650,000 1.; EX PoLK I I Remote Storage and Pumping FacilIty IXIl,IlOO 1,600.000 -~ 14 foX Pol 3C I I _~ Purchase of I MGO pennanent water capacIty lioml'almJ3.5.'lCh .<,:Ollllty. 109 I"." 3~.I.~.,-O~.'l~..:'. .1'll..<JlIldJ IlIltl~lIl~1I .. . __U!!)I !liil ili! Iii!! :'!ij iill;: ._--~- -.- -- poue I 9..38 FIVE-YEAR CAPITAL IMr- r<OVEMENT SCHEDULE 10/9/2008 UTILITIES DEPARTMENT iCl;tJ ~ ,,'. "'-'_;.,:;:"..:_~:~::,'~ ~.~ ~ ~ /t::i;:' ~ ~ ~ ~ ;g Project Name 2008/2009 2009/2010 2010/2011 201112012 2012/2013 .. =:I .~ Q ~.'" .Q Il. - ~ 0 Projects funded from Repair and Replacement (Reserve) account are not related to growth. The account is replenished through residual user fee revenues (after all operating costs and associated expenses are met), A $1,000,000 annually is budgeted for transfer to reserves during the 5-year period to keep a recurring source of revenue flowing into the fund. The other most significant source of funding for these projects over the 5-year planning period will be bond and state loan proceeds. ',. . ". ~ , /, ....... 'o"'. ' .."..' <" '.' , ,'. '. S~giollal,. " ' The regional plant is operated independently via a 50/50 fmancial responsibility inter/ocal agreement with the City ofDelray Beach. Bio-solid Pelletization Program (This project is a joint venture with many local k~;d\'''';;''';':- 15 M PoI.8,20,2 wastewater utilities and the Solid Waste Authority (SW A) to dispose of waste solids produced at the regional plant.) 18 M Mise, Capital. Improvements 63,000 63,000 63,000 63,000 h3.1l1l1l 17 M Obj.3.A3,3.C.3 New Deep Injection wells for effluent disposal, in place of ocean outfall 500,000 ", . ", Storrnwater Stormwater projects designed to meet stormwater requirements established by the National Pollutant Discharge Elimination System and to address drainage problem areas within neighborhoods, 19 M Pol. 3B, l.l, 1.2 ChaDe! HiIVMission Hill/Lake Eden Stormwater Impv....;."..., ,). 449,OOG 9 20 M Obi,38.2 Golfview Harbor Stormwater Improvements-surface water quality pre-treatment" ,:" 299,000 282,000 __ 21 M Pol. 38.1, I, 1.2 Lake Boynton Estates Stormwater Impv, .:k 446,000 22 M Pol. 3B, I, I, 1.2 North and South Road Stormwater Improvements PH I 'f'., 23 M Pol. 3B, I I, 1,2 North and South Road Stormwater Improvements PH 2 ;"",r ". ~ 9 24 M Pol. 38.1.1, 1.2 Purchase I Replacement Pump each year starting with Pump Stations 415 & 357 W;OOG W;OOG W;OOG .)(.J~" 25 & 36 EXlM Pol. 38.1.1, 1.2 Stormwater Impv,-SE 4th Street/SE Federal Highwav 4 0 26 M Obj.3B.I.4 Stormwater Master Plan and Updates ,-. .7 EXlM Pol. 38.].4 Stormwater Master Plan and Updates/O & M Manual __ . ~(i .J.OO,OOG 9 26 M Pol. 3B.I, 1, 1.2 Rehabilitate Stormwater Piping 00,000 600,000 600,000 lOO.OOO 2()(J,IIOO,_ 33 M Pol. 38.1.1, 1.2 Seacrest Corridor Swale/Stormwater Management 650,000 3,150,000 34 M PoI.3B,1.I,1.2 NWl7thAveStormwaterImpv, 1,284,000 ,.,_ 35 M Pol. 3B, 1.1, 12 Lakeside/NE 20th Ave Stormwater 1mpv ~ 9 .,_ Wastewater 1Ir These wastewater projects call for renewal and replacement of the system's components, including pump stations and pipeline systems. 37 M PoI.3A. 1.1 Chapel HiIVMission HilllLake Eden Sewer Impv ~'T< 125,000 38 M PoI.3A. I I Electrical Upgrades and VFDs for Master Lift Station #356 i", ~ ~ ~ 9 ,l) 39 M PoI.3A.l, I Finalized Reuse Plan/Development Implementation Plan 100~ 40 M Pol.3A.I.1 Golfview Harbor Sewer Main Impv .J.4+;OOO ++4;QOO 41 M Pol.3A.l.l I & I Issues for LS basins 207,309,356,405,406,409,410 & 414 1,100,000 42 M PoI.3A.l.l,3c'2,5 Lake Boynton Estates Sewer Main Impv,~i;?~c' no.ooo 43 M Pol.3A.l.l LakesidelNE 20th Ave. Sewer Impv 'j} J;"0S' 44 M Pol.3A.I.1 LS 206 Force Main Replacement, Result ofLS 356 Study ';'(""" ,",c''''', ~ ~ 9 9 45 M Po1.3A.I, I Master Lift Station Odor/Corrosion Control LS 356 and 801 - BiofiIter Scrubber Units ,____~ 9-39 FIVE-YEAR CAPITAL IMPROVEMENT SCHEDULE lij,LJ.l\!I)/i UTILITIES DEPARTMENT ~ ~ ,_. ~ ell ell .,";,.", . " " ell ,.,,,........,.,,...". ;.... - 'C ~ ~.~ .1$ <J " 0 Project Name 2008121109 2009/211111 201012011 2011121112 2012/2013 ..., 0/) . C..l ._ 0 '" U .~o ... Q. ; &JQ. U 0 ,. - 46 M PoUA 1.1 Master Lift StatIOn Rehabilitations - Mechanical & Electrical ~ G _ ____2' ~~ ~ ",: ~- - ---- -- .~- -- t 47 M PoUA I I Rehab wetwell at LS 309 ,,'5~.OJ ~(l.fl{fU f .. ------ ,-._- - - 48 M PoUA 1 I Rehab wetwell at LS 317 ..... )11.1)1)11 . .. -. :.; n._ _ --.. -.. 49 M PoUA 1 I Rehab wetwell at LS 356-structure & wetwelI 1(11),(1\1\1 _. .. - .--- - - 50 M PoUA I I Rehabilitate Master Lift Station 80 I .', lli;GOO ~-------- e- .--- ------ ---- 51 M PoUA 1 1 Replace Force Main LS 207,4 I 2,414 ,,' ,C 4-W;GOO () () :< ",., ., - '" 52 M PoUAI 1 Replace LS 204 ~ lli;GOO () i.l "',-,- ._--~-- --- f- 53 M PoUA 1 I Replace LS 206 .', ,.. 3WlOO ,,_ e- }15,00O () ---- 54 PoUAII,2.1 Wastewater Master Plan and Updates ~ 9 j' , 1'1 .-----..----.------ ,.... ~--- ~- I -----~._- 55 M PoUA.1.l Update base map/aerial photogrammetry (ready for CADD) . 100,000 100,000 100,000 11)~,Ql)() I:! -- __.'n_ 56 M PoUA I 1 Pipeline Rehab (gravity, F/M, laterals) '" 2,500,000 2,500,000 500,000 5()O,~UO ..'. __ ______.u_ _. 57 M PoUA I I Manhole R & R, SSES First Year, Rehab Subsequent Years . 500,000 ~OO,OOO 150,000 120,022 on_ ---- -. -- - 56 -~.- PoUA I I Replace 1/10 of System or Approximately 14 Station Pumps at Satellite StatIons ~ ~ ~ ! ;!;W;OO9 -- ~" 60 M PoUA I I Renew LS 412 ,."w,oo Q ,'.... -lOO;\lOO J I - -_.- 61 & 64 M PoUA I 1 Submersible Conversion 10 I, 202, 404, 610, 313 t ---. ._.. .. ..:. I 62 M PoUA I I SE Federal Highway Sewer Main 1mpv ,"V -.-- ..n____ - ? - i 63 M PoUA 1 I Platina Force Main, Design & Construction '",.! ~ .-----.'--- --.-.-------------.---, ~-_..._--- J 1 65 M PoUA.1 1 Seacrest Corridor Sewer Main Replacement --.-..-------.- .. J 67 M PoUA. I I 5 new emergencystationary generators or pumps G + -. u5.(~OO lJ \l -.-.-.. 66 M PoUAI I Large Meter Replacements - Town of Gulf stream, Briney Breezes, Little C ~ j 5,OOU j 69 M PoUA 1.1 Renew/Upgrade Pumping Station Radio Telemetry (Asset Mg , W;OOO r:'+4ll-JfI . 1- _ ~(~-_~_'~~;(J, _____ T -------.-- I -~'----. Water System ~ J - --'..---.- - --~ Water system ttl1provements consist of renewal and replacement of the system's components, t lant orage facilities, wells and pipeline distribution systems, -~'-L-'-----r-"- 'i -~ l'oUC.1. I ,2.2 6" Water Main on South Lake Drive from Mission Rd to NW """',,"; ... -, 2OO,OOU 2OO-;iJOO --- . 150000-t ::::~ j ... ........ ..... I 1--.'- ~.,.~ Pol.3C I L 2.2 Chapel Hill/Mission HilIlLake Eden Water Main Replacement () \. -~-- -, Water Plant Control Network Hardware and Software Repl. (Asset Mgmt) I ----- '--- .. u___ 7.1 __ ObJ.3C ~_. Distribution System Monitoring/HydraulIc AnalYSIS __n --------- I East Plant rehabilitation (sludge dewatermg , OSG. filter repair. ot1iees. basin demo. ." ~,~!(,~I~~nJ I M 1',,1.1l' I I. 2 2 Inlumbim, etc. ) ~.-:;'\--J-\-I-J~4f!j i-J --.---.-- ,.. ...---- .. ---.- - - - .-- -~ ." I M l'oUl I 1.2.2 East Plant SIaker replacement ;!".a, ~I I - --_._--~---_..- '-~--f-- - I '1~ ----- Perimeter Protection I ~7.h 7f,j ~._._~-----------_.._--- ___._~ '_n___.____ on -- n I -, Surveillance, Entry N,q1ification ....__...___ .: ," :i::':".' 11111.111111 -- ------ ~-, t ! -"1 M Pol.3C I 1,2.2 GoIfview Harbor Water Service Replacement J".lJ'.JV, lUll.IJIIII I i!l!llliH' . n I----._.~. -------.--. n' - -~ -. .- sri r'it j Pol.3C I 1. 2.2 Lake Boynton Estates Water Main Impv 5' 0,000 48 I ,000 I 565,OOll i --- ._- -- .--...-.--- -_.~.- M PoUL' I 1.2.2 North and South Road Water Mamlmpv 0 65(),OOO 1 , [-------_. --~- 1 Xl M Pol.3(' 1 I, 2.;; P8C Interconnects Treatment-and PUmp111b~!!ofBL'E Oj3HB11:I ' . hI! 111111 I __ -l.1-.'180,0~)O I ~ -"---~~--- ~- --. X4 M 1'01.3(' I 1.2.2 Replace In-Lme Water Main Valves . ,'30;()j)0;sk hi! !\(I()_ .. _~ ___ ~~!~(I ,...---- 'n ..----.---. -~ ..-- --- -- -- - - c' __c,.'.:,_' '.,,'".'.'''. ! . .. ~ -.-- . '...- I 25'(I.()OII . .u X'l K 104 M Pol H.' I I 22 Sf' 4th Street/SF Federalll\\v Water Mam ReplacClllC11l '. j~49,099;Y 1---... . .__________,__u_u____'__ -- i \1 Plll.H i 2_.~ i\\;_~ef M,Ull_ RCjllacemcnt 10,QOO. '.. -:i I ill H j 'II,{)(I! \1 l'ol3l I i.2.' (Old Boynton road t County I'HlJ':C.tl \~atef IllUlIl replacclncllI $O,()()Q (;\!ll(1I I 1'01 K I I. 2 2 !\V~ter SupE!;vP~al1_Updatc 100,000 i 9-40 FIVE-YEAR CAPITAL 111I.. C<OVEMENT SCHEDULE 10/9/2008 UTILITIES DEPARTMENT ole ........ ....,_;:;,:.~,: ~:i ~~ 't'j;; . .:: .!: .1'nilb '5- ~ 0 ~ ~ Project Name !~ 2008/2009 2009/2010 2010/2011 201112012 201212013 &.. =: .-' Q ~ Q,. <; ..c;> Q,. ;.;: U 0 .. 90 Wireless Towers for Automated Meter Reading 91 Update Base Map/Aerial Photogrammetry (ready for CADD) I'" 50,000 50,000 50,000 50,000 .'", ii Ii' 92 M Pol.3Cl.I, 2.2 Replace Pumps and Speed Drives ~ 50,000 50,000 50,000 :;11.1 Ii, In 93 M Pol.3C.I, 1,2.2 Replace Transmitters for Trains - West WTP 25,000 94 M PoUC!.l,2.2 Replace Water Softening Equipment for West Plant Ammonia Svstem 25,000 95 M Pol.3C.I, 1,2.2 Scrubber, Media and Chemical Pump Replacement 00 25,000 25,000 25,000 2:i.lIOO 96 Water Meter Replacement 'lil'~. fl.;OOB ~ ~ ;h';.{)OO 97 M Pol.3C, I 1,2,2 Wellfield Rehabilitation - column pipe, pumps, motor tc~ " 600,000 300,000 300,000 300,000 3110.000 98 Interconnect with Lake Worth and Delray (pipelin -lOO;QOO -lOO;QOO G G 99 Replace Laboratorv Eouipment 32,000 32,000 32,000 32,000 .12,11(1) 100 Renew/Upgrade Wellfield and water storage Radi e mt) 10,000 10,000 10,000 101 M PoUCI, 1,2.2, 3C2,5 Seacrest Corridor Water Main Replacement '.'.c,' 1.500,000 I.2:i0.OOO 102 EX/M Pol.3CI.I, 22, 3C2.6 NW 17th Ave Water Main 1mpv 1,500,000 450,000 .<;,;.. 103 M PoUC 1.1,2.2, 3C2.7 LakesidelNE 20th Ave Water Main Impv ~ ~ G G 105 M PoUC!.I, 2.2 Phase IV Interim Improvements, West Plant R 106 M PoL1Cl.I Future Consumptive Use Permit (consultant fees) 200,01l0 111 PoUCI,I,1.30bj3C5 LPRO Conversion, West Water Plant, redesign and modification to treat brackish water ~ ~ ""H~Jl1 .. General, Administration Projects 107 Asset Management Master Planmng E 750,000 108 _~,--,. Customer InformatIOn Systems Software ~ 375,000 'r. '.,.",{(~,;.. .:, = ,,' ,- '" J.; , ,,; 6,3~~,900 _. 6,28;5,000 Projects in this section will provide new water supply solutions. The solutions are not yet fmalized due to on-going discussions with the South Florida Water Management District. The current plan includes some replacement of existing capacity and addition of new capacity. Recent rule changes may require revision to the City's Water Supply Plan strategy. West Plllnt Conversion to LPRO Low Pressure Reverse Osmosis) and interp1ant h "':J "',"~~'E;~ raw wllter convevance line ~ 109 EX PoUCI.l, Obj.3C.3 WellfieJd interconnection ,";Y "- 110 EX PoUCl.I, 1.2 Obj,3CA Construction of up to 5 new Floridan aquifers .,:i};;,':;_,~:;:..,. :,.', ',:,'-- ;L:"'''-'';')'''''''':;'''.::'',:, : .,. . . 500 000-..,>..'),,_ 0 '''-:';W' ..:. . 0 " "",",":;,;."~:"",,, <~~"",,:,.,,~~;, .::~, , ,", '",:,' " '::<;' .'- :': 3'"9~34,:~5""~!';::~6~b!~:~~!3'mo:d~;i~r2ff~loQO~;~r'~~!~2'~6001, "16,669,000 *CA TEGORlES OF LOS-RELA TED PROJECTS: Notes: · Please note that the expenditures for the "mixed funding source" projects beyond the fiscal year EX - needed for capacity expansion (growth-related) beyond the fiscal year 2007/2008 have been moved to Fund 404. M - needed for maintenance of existing capacity · Objectives/policies from the Utilities Element, except P,8,20.2 from the Intergov, Coord, Element. Changes from the 2007 version are coded in blue, Project numbers are consistent with the 2007 version and the Water Plan. 9-41 FIVE-YEA.R CAPITAL IMPROVEMENT SCHEDULE I\ill 2u()~ UTILITIES DEPARTMENT .. ~ 'It '" '" '" '" '" e. c' .... 'C ~'5 .~ '" 29~?12~0~ '" 0 Project Name 2008/2009 200912010 2010/2011 21111/2012 2012/2013 '0' CJl . ("l.- ... .. U .~o ~\f~if~1i~~{~S =-. -; .c=-. U 0 PRO.II ( I S 10 HI II \IHIlIIW\1 \( OJ \ I .w-t (( \1'11 \1 I \ ( II I I II " ( II \I~ (, I " I I \ Il) All projects listed below are grov.th-oriented; they provide capacity to serve new development. New development pays capital facilities charges, which constitutes the fair share for the impact it creates, The other most significant source of funding for these projects over the 5-year planning period will be bond proceeds. --,- Reuse system ---_.~....__.~ The City's reuse system is in the early stages of development. Reuse product is created at the Regional Facility; the current limited pipeline distribution system will he significantly expanded to carry it to the City for residents and businesses to use in substitution of potable water tor irrigation purposes, ~--- -.... _._-~---_...- t ObI3AJ. 3 e 3. Reuse Distribution System R M(;D .~_III)! J.( Ii HI ~ _ ( Ii :1 \. i )\ I! i 1:lIill(\(1 "i'I'IHi! poue.34 , Obj.JA3, 3 ('3. Reuse Water Expansion- Regional Plant poUeJ 4 .--- .----- l I Regional Plant Reuse Expansion to 24 MGD (the regIOnal plant has been Issued orders UbjJA3, 3 e3. to cease using an ocean outfall pipeline for disposal, therefore makmg the wastewater f'oUC3 4 treatment plant a 100% reuse generation plant by end 01'2008, deep well injection will ni eventually be used during wet weather I , __._.~___ _ .___W astewa~r.~ys!~nl . _._--,---~_..- - ----.----- I The wastewater system's upgrades include addition oftwo lit! stations and up sizing of some torce mains (pipelines) to handle the forecasted increase in wastewater tlow, I i EX -,'- PllI3Ali--- ---------- - - - --....-.--...-...--..---.--- ---'- 1 I j New Master LIt! StatIon at East Plant Site ~~~- j 1 Phase I New Force MalO trom East Plant S lle to Regionall'lant. new force ma1l1 I,S 6th I I I " (, K. 7 EX 1'013,\ I 7S1 ).i H III ~ :;; I! I i if )/ I Avenue and new LS SE 6th Avenue ...._____ J.. l ------..- __._____.~___u___._._~_~_. .. -225,000~~~__ ....._. ___L 1 8 EX PoUA I. i Rehabilitate Master Lin Station 80 I lor I11creased !low ----~-_._-- EX PoUA.1 1 Replace/Upsize LS 409 Force Main j--.-----t- 85,000 - Water System I ~ - - _.._.- lhe water system expansion lIlcludes plant infrastructure additions to the two existing plants, distribution line (pipeline) expansion and additional storage to handle more capacity I( LX Pol3C 1 I llli-w;;te~M;;;n 011 NE 6th Ave trOl~ Federal Hwy to NE~~r~~ ____.._1 2IO,00Q --..--'. ------ J EX Pol3C I I 24" Water Mam on Woolbright Rd from Federalllv.y to SE !SI_St 650,000 --- I EX PolK I I Remote Storage and Pumping Facility I RO,OOI! 1.600,000 ~._-- -~~--- -...-.-.....-.---...-.-.-- ---- LX poue 1 I Purchase of I MGD pennanent water capacIty 'tom Palm Beach Ctllll1t}. _~~~.~ _ ~ ('. ~_~.'u!.~!l~!. \\ dlrlclJ Inll'iCll!111Cl'tll)1] _"..u__._ . _ =--.l.i~_L~~~~. (iij.!!C1l' - -; I ~ ] t :! Ii 'ili! 1'013e 9.38 FIVE-YEAR CAPITAL INh .,<OVEMENT SCHEDULE 10/9/2008 UTILITIES DEPARTMENT .... ~~ l :l ,T' ;",:SF .~ ~ ~ ~ ;g Project Name M' 2008/2009 2009/2010 2010/2011 20 1lI20 12 201212013 ~ ~ "E'~ U 0 Projects funded from Repair and Replacement (Reserve) account are not related to growth. The account is replenished through residual user fee revenues (after all operating costs and associated expenses are met). A $1,000,000 annually is budgeted for transfer to reserves during the 5-year period to keep a recurring source of revenue flowing into the fund. The other most significant source of funding for these projects over the 5-year planning period will be bond and state loan proceeds. ';," , ,',,"J' "", "",,:," ,Regiol)al. The regional plant is operated independently via a SO/50 fmancial responsibility interlocal agreement with the City ofDelray Beach, Bio-soIid Pelletization Program (This project is a joint venture with many local II 15 M PoI.8.20.2 wastewater utilities and the Solid Waste Authority (SW A) to dispose of waste solids '~ produced at the regional plant.) 16 M Misc, Capital.lmprovements'~O-'_uuu' os, 63,000 63,000 63,000 63,000 6~,()OO -- 17 M Obj.3.A.3,3,C.3 New Deep Injection wells for effluent disposal, in place of ocean outfall "~,~'L 500,000 Stormwater Stormwater projects designed to meet stormwater requirements established by tlle National Pollutant Discharge Elimination System and to address drainage problem areas within neighborhoods. 19 M Pol. 3B, 1.1,1.2 Chapel HilVMission HilVLake Eden Stormwater Impv, · . 0 449,000 20 M Obj.38.2 GoIfview Harbor Stormwater Improvements-surface water quality pre-treatment 299,000 282,000 - 21 M Pol. 38.1, I, 1.2 Lake Boynton Estates Stormwater Impv, 446,000 ~ 22 M Pol. 38.1.1, 1.2 North and South Road Stormwater Improvements PH 1;::~t~a~O;1 .is 23 M Pol. 38.1.1, 1.2 North and South Road Stormwaterlmprovements PH 2 ~ 0 1,350,000 24 M Pol. 38.1, I, 1,2 Purchase 1 Replacement Pump each year starting with Pump Stations 415 & 357 . 5,000 5,000 5.000 5.000 5,000 25 & 36 EX/M Pol. 3B.I.1, 1.2 Stormwaterlmpv.-SE 4th StreetJSE Federal Highway 1,485,000 26 M Obj.3B.I.4 Stormwater Master Plan and Updates 27 EXIM Pol. 38.1.4 Stormwater Master Plan and Updates/O & M Manual 0 100,000 28 M Pol. 3B, 1.1, 1.2 Rehabilitate Stormwater Piping 600,000 600.000 600.000 200,000 200,000 33 M Pol. 38.1, I, 1.2 Seacrest Corridor Swale/Stormwater Management 650,000 3,150,000 - 34 M Pol. 3B, 1.1, 1.2 NW 17th Ave Stormwater 1mpv. 1,284,000 35 M Pol. 38.1.1, 1.2 Lakeside/NE 20th Ave Stormwater Impv 0 370,000 , , " Wastewater These wastewater projects call for renewal and replacement of the system's components, including pump stations and pipeline systems. J7 M PoUA 1,1 Chapel Hill/Mission HiII/Lake Eden Sewer Impv 'I":'" 125.000 38 M PoUA 1.1 Electrical Upgrades and VFDs for Master Lift Station #356 1.7' 0 0 500,000 250,000 250,000,,_ 39 M PoUA 1, I Finalized Reuse Plan/Development Implementation Plan H' g:ii --- 40 M PoUA, I, I GoIfview Harbor Sewer Main 1mpv 135,000 135,000 41 M PoUAI.I I&l1ssuesforLS basins 207, 309, 356,405,406,409,410&414 1,100,000 42 M PoUA I, I, 3C.2,5 Lake Boynton Estates Sewer Main Impv 270,000 43 M PoUA 1.1 Lakeside/NE 20th Ave, Sewer Impv 44 M PoUA 1.1 LS 206 Force Main Replacement, Result ofLS 356 Study"~ 0 0 60,000 520,000 45 M PoUA 1.1 Master Lift Station Odor/Corrosion Control LS 356 and 80 I - Biofi]ter Scrubber Units "':;," t"3:::~ -- _n_ 9-39 FIVE-YEAR CAPITAL IMPROVEMENT SCHEDULE "'211<)' UTILITIES DEPARTMENT -+: __ _~_~,,~."<>_.n~ ~_,~ ~:s ~ VJ ....- ;;.. ~ t:.J '- =-: ._ ._ .~ ~ rJ ~ ~ Project Name 2008/2009 200912010 21110/2011 2011/2012 2012/2013 c: ~ :s~ u 0 ~._-- ~ 46 M PoIJA!, I Master Lift Station Rehabilitations - Mechanical & Electrical ..__.___________~ _ . 250,000 . ... _~50,OOO. 400,000 4IHl,OOOI!)O.OOll 47 M PolJA I, I Rehab wetweIl at LS 309 )1.1.1.101.1 I _~~ M Pol3A I.l Rehab wetweIl at LS 317 ==--===-==~-==- )11.11111 I 1 49 M PolJA.!, 1 Rehab wetwell at LS 356-structure & wetweIl _____m_____.___ IIJI.I,OUO .__.. 50 M PolJA.1.1 Rehabilitate Master Lift Station 801 __.___ 325,000. ._____ 51 M PolJAI.l Replace Force Main LS 207,412, 414 _~_ 0 450,000 .225.00ll... 52 M PolJA 1.1 Replace LS 204 0 0 25,000 215,11011 53 M PoIJA! 1 Replace LS 206 _____..._ ..__n__. _ .___. __~ n____~_ _..3.0,000 .___ . 54 Po13A,l !, 2 3 Wastewater Master Plan and Updates _____..~___ 200,000 ,,___ . I II" I' I< 55 M PolJA 1.1 Update base map/aerial photogrammetry (ready for C ADD) 100,000 . 100,00(). 100,000 .[1 OO,OOO_--".'~ 56 ~ PoIJA! I Pipeline Rehab (gravity, F/M, laterals) ___.n.______" 2,500,000 2,500.00() 5()(),Q.QO. 500,000 __ 57 M PolJAl 1 Manhole R & R, SSES First Year, Rehab Subsequent Years 500,000 500,000 150,000 150,000 iii ---;-- -M PoIJA! I Replace 1/10 of System or Approximately I.!S.!.ationPump.:;.~t.~~~li!e St~()ns .n 200,000 n_.n '200,000 j 200,000 2(m,00(; l\lO.1I111i 6,6:64 ~ ._. __ ~::~~:: _ ~:~::r~i~l:!~onversion 101,202,404, (, !():3~,l------ .---- .. ---.-- __ 350~000lf" j III 62 M _ Pol.3A 1 1 SE Federal Highway Sewer Main Impv .__ _ 1 I 63 M PolJAl I PIatina Force Main. Design & Construction ....'!...... .. 01 I . , 65 M PoI.3A, 1 I Seacrest Corridor Sewer Main Re Iacement __.___..__..n____ ___..._._..._._ _ j 67 M .. POI.3Al.l. 5 new emergencystationary generator~ ~r pumps . . . ~_____ '. .' 140,000 . _ n... liQ,OOO. l. 140,000 JI. 140.000 11O.IJIJO] 68 _~ _'" .._yoIJA!J.___ Large Meter Replacements - loym of Gulfstream, I3rmey I3reezes,.':~!!i.e"<:J.:1~ ___~__.J_. .....J.l..._.. . 1 5,0011 5.00U 1 69 M Pol.3AI I Renew/Upgrade Pumping Station Radio Telemetry (Asset Mgmt) ,.l,Oio,OO.O, 600,000 0 0 II II Wa;;~ysre~l i'~p;~v~-;;;~~t~-consist of renewal and replacement-;f t::~~:;';::mp~~~nt~: ;I~~i-;;ili:;;g 2 wate;-pl~ts, 4 storage facilities. wells and PiPelitte'''distribU~yst~;~~~- ...~ r ...... ..- . .-M [-.....[>01 3C -IT,22 ..- 6" Water Main on South Lake Drive from Mission Rd t~ NW 22nd5t"".....-- --~ --t-- '------r-. 0 U j M Pol3C 1 1.22 Chapel Hill/MiSSIOn Hill/Lake Eden Water Main Replacement . (I . L' -IHI,OOO .,Iitl.llilll i '1 .. _ Water Plant Control Network Hardware and Software Repl. (Asset Mgmt) 250.00J.l l 1 '4 ObjJC2 Distribution System Monitoring/Hydraulic Analysis .__.._..____ ~~2,~~. l I l'vt + P 1'(' I ' '.' East Plant rehabilitatIOn (sludge dewatering - OSC,. tilter repair, offices. basltl demo. I i I . I. 0) i. ~~. Iwnbin etcl......____._ [III " ' '" I . ..J .... 3.l1~~~~1I .1.. 1.lIllU.OOO ! M 1 PolK 1 1.22 East Plant Slaker replacement j t I Perimeter Protection 127.1, II.' ! ' " :L' .---... -----...-. Surveillance, Entr NO~lticatlOn .-...-...--.-~-. .~_ .._ _ I 7<; M L.. .".(~J.<::..1 I,.?.3. GoIfview Itarbor Water Service Replacemeni.;'-'~. _ II1I I i 1111.' l ' ," M i P()~3C 1 1 2.2 ~ak~ Boynton Estates Water Mam Impv 481,OOIl I 565,000 ! i [Xi M l !'oUC ! 1.2.2 North and South Road Water Mallllmpv 65(),t.lOU l j g, ~.. PoUC I I., H. PEC IfltereeAAeets TfeatAleAt and Pumping (PUrl of BeE optIon) '. ..L..__.. __.__1 II Rl M I poue 11.22 Replace In-Lme Water Main Valves "11.111.111 L 1.1'11'''' 1 ,'''lIlIi I" ^ ,,1\ M' ~;-;-~;--:;-;'!~!. ~~~Stre~~~E Fede;aI ItW\ Water MUl11 RepblcmCll1 i ;-~~.Ollll " .--- t , \1 1'01 Jt I _ _ ;\.V_u~r MU..'f1J<ep!ucemem '" "'.Iilll I \1 Pol Jl i::' !~)id Boynton road l~~?~~ntY~~!_~~~JY~~~L"~~:l~'!_j~~~~I_~ 1_~r!~~!:_~~I~t (,' 1:( Ii I I'" PlJl.~('_L'..~~ IWat~r Supply P!anlipdate 9AO FIVE-YEAR CAPITAL 11'1.. .-<OVEMENT SCHEDULE 10/9/2008 UTILITIES DEPARTMENT .. ~ I ',',',hL<"" /,c,:: ~ '" ... ... '" .... .;: . ~ ... liJl~ ... ~ ':: or; ... 0 Project Name 2008/2009 2009/2010 2010/2011 201112012 2012/2013 '0' 1011 . (,J ._ .. S U.!::,'Q =-. .. .c=-. U 0 90 Wireless Towers for Automated Meter Reading 91 Uodate Base Map/Aerial Photogrammetry (ready for CADD) ",' 50,000 50,000 50,000 50,000 ~()_U(,I(I 92 M PoUC, l.l, 2.2 Replace Pumps and Speed Drives 100,000 50,000 50,000 50,000 51!,001i 93 M PoUC.l.l,2.2 Replace Transmitters for Trains - West WTP ~'tE 25,000 94 M PoUC,1.l,2.2 Replace Water Softening Equipment for West Plant Ammonia System Ji' 25,000 95 M PoUC.l.l,2,2 Scrubber, Media and Chemical Pump Replacement t' 70,000 25,000 25,000 25,000 25.0(1(1 96 Water Meter Replacement , 0 0 75,000 75,000 75,000 97 M PoUC.l.l,2,2 WeIlfield Rehabilitation - column pipe, pumps, motors, etc, 600,000 300,000 300,000 300,000 300,0011 98 Interconnect with Lake Worth and Delray (pipeline) 0 0 100,000 100,000 99 Replace Laboratorv Eauipment 32,000 32,000 32,000 32,000 32,(1()0 100 RenewfUpgrade Well field and water storage Radio Telemetry (Asset Mgmt) "~ L 10,000 10,000 10,000 101 M PoUC1, 1,2.2, 3C2.5 Seacrest Corridor Water Main Replacement I; 1.500.000 1.250.000 "" 102 EXlM PoUCl.l, 2.2, 3C.2,6 NW 17th Ave Water Main Impv 1,500,000 450,000 ---,- 103 M PoUCl.l, 2.2, 3C.2.7 Lakeside/NE 20th Ave Water Main Impv 250,000 0 305,000 675,000 105 M Pol,3C.l.l,2.2 Phase IV Interim Improvements, West Plant L 106 M Pol.3. Cl.l Future Consumptive Use Permit (consultant fees) 200,I!()O 111 poue 1 l,1.30bj3C5 LPRO Conversion, West Water Plant, redesign and modification to treat brackish water :fr 0 0 1,650,000 General,J\dmInistrationProjects , ',' 108 Customer Information Systems Software 375.000 ','" ,,', ',--" " ".' "" """':'!"'" ",C,,,; 'J Projects in this section will provide new water supply solutions, The solutions are not yet fmalized due to on-going discussions with the South Florida Water Management District. The current plan includes some replacement of existing capacity and addition of new capacity, Recent rule changes may require revision to the City's Water Supply Plan strategy. . --" West Plant Conversion to LPRO Low Pressure Reverse Osmosis) and interpJant raw water tonvevante line 109 EX PoUC.l I, 0i:Jj3C3 Well field interconnection 110 EX Pol3C.1 I, L2 Obj,3CA Construction of up to 5 new Floridan aquifers I":::\;~("'~~!:~'\' ;~:~:~':_M~i'tf5:4nOO'1 - . '.- , . . .-- , ",. ' ""-"'", ,. ,.,if:_. .1,. """_,",,,,> . ",_,," ,.,',-,.",;,,_,',. ,._,;:: .. ...'... , *CATEGORIES OF LOS-RELATED PROJECTS: Notes: · Please note that the expenditures for the "mixed funding source" projects beyond the fiscal year EX - needed for capacity expansion (growth-related) beyond the fiscal year 2007/2008 have been moved to Fund 404. M - needed for maintenance of existing capacity · Objectives/policies from the Utilities Element, except P.8.20.2 from the Intergov. Coord, Elemenl.c -- Changes from the 2007 version are coded in blue. Project numbers are consistent with the 2007 version and the Water Plan. 9-41 CAPITAL IMPROVEMENTS SCHEDULE FOR PALM BEACH COUNTY SCHOOL DISTRICT SUMMARY TABLES (updated for 2008/2009 fiscal year; Summary of Estimated Revenues for Fiscal Years 2009 - 2013 Prior Year FY FY FY FY FY Estimated Revenue Total Revenue Plan Ye.rs' 2009 2010 2011 2012 2013 .- m. State Sources .. Class Size Reduction .. - .. CO & OS 5,219,870 5,419;870 1,043,974 1,043,974 1,043,974 1,043,974 1,043,974 PECO Bonds.. Maintenance 34,489,654 34,4~9,,~54 5,358,606 6,544,312 7,538,390 7,524,173 7,524,173 PECO Bonds.. Const. 9,994,456 9,994,4156 3,794,778 1,104,263 1,623,201 1,736,107 1,736,107 .. Subtotal State Sources 49,703,980 49,'703,!laO 10,197,358 8,692,549 10,205,565 10,304,254 10,304,254 : - -- .. Local Sources .. -. - . ----~-_.~_.- .-- ----" .'_.------- Special Millage 1,412,459,819 1,412,459,819 279,695,512 276,898,557 276,898,557 285,205,514 293,761,679 Carryover 196,657,426 19p,p57,426 119,821,454 22,799,201 17,581,394 18,898,814 17.556.563 Impact Fees 13,696,550 13,696.5150 2,739,310 2,739,310 2,739,310 2,739,310 2,739,310 Interest Income 16,000,000 16,0()O,QOO 3,500,000 2,500,000 3,000,000 3,500,000 3 500.000 Miscellaneous Local .. ,..0;; Revenue Prior to 2008 1,763,029,983 1,763,029,983 -, ' '- --. .-...-.---.....- -.-...-." ". .-- .'-----------.-- Subtotal Local Sources 3,401,843,778 1,763,029,983 1,638,813,795 405,756,276 304,937,068 300,219,261 310,343,638 317,557,552 : un --'. ----~-._---~.'- .- -_.~----- - Other Revenue Sources - ".,.-..---.--,.-.-- .,...."---.-... - "---.-. COPs Proceeds 304,848,332 304,~8!~32 106,231,892 49,933,357 44.490,117 104.192966 FEMA Mitigation Grant - - Referendum 250,000,000 83,000,000 167~OOO,OOO 121,000,000 46,000,000 --------,--_.'- -,..-.- ~.. ...---------- .-----_..._,.~ ..------.- Subtotal Other Revenue Sources 554,848,332 83,000,000 471,8.8;332 227,231,892 46,000,000 49,933,357 44,490,117 104,192,966 ._.~. ---. ....~..,. ....- "'--~.'~ - 'm. ".~ - . -- -..- '--'-. TOTAL REVENUES 4,006,396,090 1,846,029,983 2,160,366,107 643,185,526 359,629,617 360,358,183 365,138,009 432,054,772 .- u. .- Page 1 of 7 Summary of Capital Improvement Program for Fiscal Years 2009-2013 Prior to FY FY FY FY FY Project Total 2009 2009 2010 2011 2012 2013 New Construction New Schools Emerald Cove Middle (02-JJ) 34,840,063 34,840,063 Jupiter Farms Area Middle (03-NN) 99,671 99,671 Marsh Pointe Elem (03-X) 21,937,817 21,937,817 Pahokee Area Middle (03-MM) 37,296,466 2,521,410 34,775,056 Pine Jog Environmental Elem (03-Y) 37,613,076 37,613,076 Plumosa 6 - 8 Riviera Beach High (02-MMM) 109,410,431 2,500,000 2,717,465 104,192,966 Scripps Area Elem (04-A) Sunset Palm Elem (03-Z) 30,065,316 30,065,316 West Boca Elem (05-C) 33,671,229 1,894,790 . 31,776,439 West Central Community Elem (03-W) 39,407,793 2,180,079 37,227,714 WPB I LW Area High (03-000) WPB Area Elem (06-0) 33,553,618 33,553,618 WPB Area Middle 04-00 Subtotal New Schools 377,895,480 167,205,840 103,779,209 - - 2,717,465 104,192,966 Modernizations/Re lacements Allamanda Elem Modernization 28,978,930 28,978,930 Bak Middle School of the Arts Modemization 36,827,664 36,827,664 Barton Elem Modernization 33,193,266 33,193,266 Berkshire Elem Modernization 28,602,807 28,407,965 194,842 Boca Raton Middle Modemization 36,413,919 36,413,919 CO Taylor Elemetnary Modernization 44,151,875 44,151,875 Congress Middle Modernization 33,733,046 33,733,046 DO Eisenhower Elem Modernization 27,419,424 27,419,424 Forest Park Elem Modernization 31,655,184 31,655,184 Future School Modernizations 750,000 150,000 150,000 150,000 150,000 150,000 Galaxy Elem Modernization 43,634,679 3,834,527 39,800,152 Gladeview Elem Modernization Gold Coast Modernization Gove Elem Modernization 3,801,511 3,801,511 Hagen Road Elem Modernization 31,008,823 30,319,279 689,544 Indian Ridge School Modernization 15,936,825 15,936,825 . JF Kennedy Middle Modernization 33,750,090 33,750,090 North Palm Beach Elem Modernization 3,071,532 3,071,532 Northboro Elem Modernization 33,009,133 4,259,570 28,749,563 Page 2 of 7 Summary of Capital Improvement Program for Fiscal Years 2009-2013 Prior to FY FY FY FY FY Project Total 2009 2009 2010 2011 2012 2013 Palm Beach Gardens Elem. Modernization 30,243,141 30,243,141 Palm Beach Gardens High Modernization 106,022,848 106,022,848 - Plumosa K.5 Modernization 30,794,290 2,500,000 28,2~~,29,O 28,294,290 Rolling Green Elem Modernization 26,536,387 26,536,387 Roosevelt Full Service Modernization Royal Palm School Modernization 43,013,252 43,013,252 Suncoast High Modernization 91,541,495 89,104,301 2,437,194 Transportation (West Central) Transportation Compound (South) 1,303,533 1,303,533 West Area Ed Complex Modernization 24,675,919 914,043 23,761,876 Westward Elem Modernization 32,342,879 32,342,879 Wynnebrook Elem Modernization -----~ Subtotal Modernizations 852,412,452 717,027,421 60,515,433 150,000 27,746,403 46,823,195. . 150,000 - . Additions and Remodeling -'-~--_.-" ....-. .-------"- Bak Middle School of the Arts Auditorium 5,003,089 5,003,089 Banyan Creek Elem Core Expansion 4,689,965 4,689,965 Banyan Creek Elem Addition 13,794,581 13,794,581 Belle Glade Elem Addition Pre-K 7,282,638 785,714 6,496,924 Benoist Farms Elem Pre-K 3,381,306 3,381,306 Boca Raton High Career Academy 20,778,818 20,778,818 Boca Raton High Stadium 11,190,467 11,190,467 Boca Raton High Swimming Pool 2,561,549 850,000 1,711,549 Boynton Beach High Academy 10,715,000 10,715,000 Canal Point Elem Brick Remediation Carver Middle Addition 10,130,872 10,130,872 Carver Middle Core Addition 1,312,500 1.312,500 Cholee Lake Elem Pre-K 1,322,542 1,322,542 Citrus Cove Elem Addition 14,250,397 14,250,397 Crestwood Middle Core and Classroom Addition 1,808,510 1,808,510 Cypress Trails Elem Brick Remediation Del Prado Elem Brick Remediation Ed Plant Survey & Facility Condition Assessment 1,930,000 1,~~6,900 1,930.000 Fulton Holland Window Project 7,448,357 7,448,357 Glades Central High Academy 9,577,320 9,577,320 . H.L. Johnson Elem Addition 16,909,309 16,909,309 ,--~ Indian Pines Elem Addition 13,440,520 13,440,520 ~ Indian Pines Elem Pre-K 1,266,119 1,266,119 - Jerry Thomas Elem Addition 15,860,405 15,860,405 - ,IF Kennedy Middle Athletic Fields 2,310,000 2,310,000 2.310.000 Page 3 of 7 Summary of Capital Improvement Program for Fiscal Years 2009-2013 Prior to FY FY FY FY FY Project Total 2009 2009 2010 2011 2012 2013 Jupiter Middle Jupiter Old Elem 8,845,182 8,845,182 Lake Worth High Teacher Academy 1,573,260 1,573,260 Lake Worth Middle Addition 8,847,127 8,847,127 Lake Worth Middle Core Addition 1,312,500 1,312,500 Liberty Park Addition & HVAC Replace. 16,257,100 16,257,100 Limestone Creek Elem Addition 14,051,313 14,051,313 Maintenance Compound (South) 750,000 750,000 Maintenance Compound (West Central) Maintenance Compound (West) 500,000 500,000 Manatee Elem 21,796,154 1,442,661 20,353,493 Okeeheelee Middle Addition 9,529,191 9,529,191 Olympic Heights High Teacher Acad. 1,929,845 1,929,845 Pahokee Elem 2,452,683 2,452,683 Pahokee High Remodeling 5,817,988 5,817,988 Pahokee High Stadium 13,223,423 13,223,423 Palm Beach Lakes High Add. & Acad. 15,621,191 15,621,191 Palm Beach Lakes High Auditorium 12,999,459 12,999,459 Relocatables and Modulars Purchase 14,249,730 2,500,000 2,750,000 3,000,000 2,999,730 3,000,000 Roosevelt Middle 10,336,652 10,336,652 Sabal Palm School Renovation 157,500 157,500 School Food Services Build-Out 5,917,408 5,917,408 Seminole Trails Elem 13,964,012 951,975 13,012,037 Spanish River High Auditorium 9,917,339 9,917,339 Spanish River High Biotech Academy 4,520,467 4,520,467 Spanish River High Teacher Academy 1,199,100 1,199,100 Village Academy Buildout 1,700,000 1,700,000 Village Academy Secondary Addition 19,526,025 19,526,025 W.T. Dwyer High Academy 3,905,540 3,905,540 W.T. Dwyer High Addition 7,913,111 7,913,111 Wellington Elem Addition 21,805,230 21,805,230 Wellington High Auditorium 13,650,889 13,650,889 Wellington High Veterinarian Academy 2,805,000 2,805,000 Whispering Pines Elem 4,578,105 4,228,105 350,000 Whis erin Pines Elem Core Addition 4,001,614 4,001,614 Subtotal Additions 452,618,402 370,917,419 26,511,644 11,326,549 29,171,481 7,689,695 7,001,614 Subtotal New Construction 1,682,926,334 1,255,150,680 . 190,806,286 11,476,549 56,917,884 57,230,355 111,344,580 Page 4 of 7 Summary of Capital Improvement Program for Fiscal Years 2009-2013 Prior to FY FY FY FY FY Project Total 2009 2009 2010 2011 2012 2013 Other Items Debt Service ,.,.-. Capital Contingency 47,238,408 23,936,139 23,~p~.21?9 9,900,000 1,797,694 4,826,239 1,546,741 5,231,594 COP Lease Payments 968,548,380 161,717,679 8q6:11~.oiJQ~ 159,826,000 159,826,000 158,063,479 162,161,756 166,953,466 Commercial Paper Payments 250,000,000 83,000,000 , 1~7;g,gR,QQO 121,000,000 46,000,000 ERP Lease Payments 12,641,409 10,587,948 ;<';~',~~;~61' 2,053,461 Survivor's Fac/lit Lease 3,448,392 1,857,000 ' . 1;S9t'a!J2 509,800 530,192 551 ,400 Subtotal Debt Service 1,281,876,588 281,098,766 1,ooo;t7M~2 293,289,261 208,153,886 163,441,118 163,708,497 172,185,060 ,/:,~/- - ..' - - ", "".- . -..',., Educational Technology . - _.,~" ;,..J".,",'" - 'I""" .,- '._"~"___~___.____~___.___,_.___,.._ '_"__UV"'_ Alternative Education 1 ,000,000 750,000 J:ii~ii:~ 250,000 Application Instructional Software 7,611,189 6,111,189 1,500,000 Computer Refresh 33,757,568 26,755,885 7,001,683 Digital Divide 300,000 150,000 :ftl'1~OI~OQ 150,000 Edline Student I Parent Portal 422,180 F;~~~I!i~ 422,180 Educational Data Warehouse 25,272,620 20,372,620 4,900,000 Language Divide 50,000 50,000 Learning Village 200,000 :.?QQiPQ() 200,000 NCLB Educational Technology Initiative 300,000 ~9J~';QAQ 300,000 New School Technology 300,000 ':~d(fOQi) 300,000 On-Line Assessments 7,907,263 6,600,000 fill 1,307,263 Online Professional Development 100,000 100,000 Technology Tools --~---'-'---'----'--'- 6,500,000 ----,~" 3,500,000 3,000,000 Subtotal Educational Technology ..- 153,852,718 64,239,694 8IU1~,Oa4 .19,481,126 H!.1~~,~~1 17,!43,3~1 ~L657,6!l.3 18,1~7,423 ,-,'..'.' ".-' .>I;~.: Maintenance --_._---- Building Envelope Maintenance Program 18,500,000 16,000,000 2,~P.o,9~Q 2,500,000 - - - -------~--- County Wide Custodial Equipment 694,672 530,672 .. "1~~.pqQ 164,000 Environmental Service Contracts 2,940,874 ......2i~~~;~~:4 2,940,874 Fire & Life Safety Systems 5,636,858 2,552,858 '1;1~~~ 3,084,000 Lake Shore Annex 1,408,000 1 ,408,000 LCD Projector Installation 1,500,000 ,t:~()O~Q~.o 1,500,000 Maintenance Projects 15,033,597 11,612,000 ' /~tti,;,~~7 3,421,597 Minor Projects 37,155,258 28,167,258 .8,~~~i990 8,988,000 FY08 Carryover 5,000,000 5j09l1WQQ 5,000,000 Preventive Maintenance 6,429,600 4,350,000 2,OtM90 2,079,600 Relocatables .. Leasing 54,600 :54;1300 54,600 Relocatables . Relocation 4,818,400 4;818,400 4,818,400 Page 5 of I CAPITAL IMPROVEMENTS ELEMENT Additional Text Amendment (amendment to Policy 9.2.6 for consistency with EAR-based amendments to the Transportation ElemenC adopted on August 1~ 2008) Summary of Capital Improvement Program for Fiscal Years 2009-2013 Prior to FY FY FY FY FY Project Total 2009 Plan Years 2009 2010 2011 2012 2013 Subtotal Maintenance 228,624,227 63,212,788 '165 411 439 35,959,071 31,643,982 31,643,982 32,593,302 33,571,101 Other Items 10-Book Fund Library Core Collections 750,000 550,000 20q,000 200,000 Academic Compliance System 1,039,117 738,387 300i1~o 300,730 A V Equipment Replacement fund / Destiny Library f 2,611,000 1,515,000 1r09~,OOO 1,096,000 Capital Maintenance Transfer 140,300,000 91,300,000 49,00q;900 49,000,000 Choice and Career Programs Furniture & Equipmer 3,580,000 2,680,000 . ',' 909,POo 900,000 County-Wide Equipment 5,117,409 3,117,409 2,OOO,O.QO 2,000,000 Destiny Textbook Manager 9,200 ' 9,200 9,200 Digital Video Repository 44,325 4925 44,325 Distance Learning, Virtual School, Teleconferencin~ 191,597 191,.597 191,597 Infrastructure Development 1,254,285 1,254':?~5 1,254,285 Multi-Media Centers 81,900 81.900 81,900 Musical Instruments 600,000 400,000 200,000 200,000 Newly Approved Choice Programs FF&E 350,000 ~pO.OOp 350,000 PREP Computer Stations 82,000 ......8f,Ogo 82,000 Property Insurance 9,000,000 9.OQO!QQO 9,000,000 Salaries/Benefits for established personnel 979,602 9Z9JiO? 979,602 Tower Fund: Repair and Maintenance - External 156,580 15(S'~$80 156,580 --".-.- ----- ____m__".'__.'._..__ Subtotal Other Items 403,192,877 100,300,796 30~,fJ92i081 65,846,219 57,944,673 57,944,673 59,683,013 61,473,503 .-- Security .---..--- --..,..-.---..--- -.-.' --~._- .- 4.9 GHz Radio Frequency Utilization 200,000 200,000 200,000 Card Readers, Security Control Points and Key 110,000 1.JO.ogo 110,000 New Repeaters at Tower Sites 200,000 200,000 200,000 Video Surveillance Systems 560,000 5!:il,J; 000 560,000 Repeater & Radio Replacement 160,000 1t)O,OPO 160,000 Intrusion Alarm Systems ---..-----.--------.-.-- 300,000 300;000 300,000 ---- .-..__._--~- Subtotal Security ... -~,._.__..."-----."'--_._-_..._..- 7,037,988 7,037,988 1. ,530,000 1,346,400 1,346,400 1,386,7~ 1,428,396 Technology ----.-------.- -......,.-..--.-.... Application Development 1,402,155 1,402,155 1,402,155 Second Internet Link at Seminole Ridge 1,000,000 1;q~OjOOO 1,000,000 Blackberry / PDA Server Licenses 35,000 35.000 35,000 Business Operating Systems 10,524,258 7.723.629 2,80Q,~?9 2,800,629 Business Replacement Project / HRIM 9,192,095 8,688,536 fiQ3,(ilS9 503,559 Computer Assisted Facility Management 8,103,228 4,660,009 3,44~,219 3,443,219 Call Center Software 20,000 20,000 20,000 Classroom Data Cabling 100.000 100,000 100,000 Page 6 of 7 Summary of Capital Improvement Program for Fiscal Years 2009-2013 Prior to '~':'~'~-::C~j.,. FY FY FY FY FY Project Total 2009 .'r;la~Y:.~~ 2009 2010 2011 2012 2013 Computer Purchases / Admin Refresh 436,375 ..,~,~~~~?~~;&~ 436,375 Conference Bridge / Hospital Homebound 355,000 355,000 County Fiber Construction 1,100,000 600 000 . .;, i:'L\50lfOgO 500,000 Disaster Recovery Site (Seminole Ridge) 1,472,000 1,4 72,000 District Server Refresh 100,000 100,000 Document Imaging System 100,000 100,000 ERP 4,880,628 4,880,628 Hardware / Software 3,532,235 3,532,235 Image and RIP Creation 15,000 15,000 IT Portal Development 692,942 692,942 IT Security 17,066,461 1,884,051 ITIL Implementation 135,000 135,000 Modular Messaging Port Expansion 240,000 240,000 Administrative Technology for New Schools 2,076,500 76,500 Project Management System 203,398 ,,:J~i'fiF1,5Q9;PQP 203,398 SAN Capacity Buildout 1,500,000 1,500,000 School Center Administrative Technology 13,705,352 10, 184,096 ";;'~.R?Jf!i~~6 3,521,256 School LAN Switch 422,000 ;i;';iA4~Mp(j 422,000 School Network Moves - Adds - Changes 100,000 " '(;~,Q(IiO.9() 100,000 School Wireless Networks 47,000 ,&il 47,000 Student System Application-State/Board Revisions (I 728,743 728,743 Student System Enhancement 25,000 25,000 Web Forms 50,500 50,500 Wireless Security 200,000 200,000 Subtotal Technology 189,440,510 49,038,680 ....i1...0'1\O.1~$30 30,522,190 26,859,527 26,859,527 27,665,313 28,495,272 <L. .7" i':~~~,;~;-;<Yf,.~?1'::.~' Transportation "'. ,'~-'?fr.~. ':'~:';. School Buses 38,739,952 32,988,579 !" .',i,~.i#';5;:r$1'37~ 5,751,373 Subtotal TransDortation 59,444,849 32,988,579' '.,)21,i,1\$8.27;1I 5,751 373 5,061,208 5,061,208 5,213,044 5,369 436 <.' ...~.) " -.,. ;;,;":",.,,,., Subtotal Other Items 2,323,469,756 590,879,303 '1il~2.$$O,U3 452,379,240 348,153,068 303,440,299 307,907,654 320,710,192 , .,,- i:;.- TOTAL PROJECTS 4,006,396,090 1,846,029,983 2;160 366,101' 643,185,526 359,629,617 360,358,183 365,138,009 432 054,772 Page 7 of 7 Year Plan, as reflected in the Five Year Capital [mprovement Schel..ll.lJ\ of the Capital Improvement Element of the City Of Bovnton Bear 11 Comprehensive Plan. Policy 9.2.6 The availability of public facilities shall be determined and measured for the required public facility types using the following Level i 11 Service (LOS) standards: . for sanitarv sewer - 100 gallons per capita per day for the maximum month average daily flow for peak population . for potable water supply and treatment - 200 gallons MDF per capita of peak population . for solid waste - 7.2 pounds per capita per day with bi-weekh pickup . for drainage - design for a 3-year storm for the duration of the time of concentration of the watershed . for drainage - floor elevation above 100 year storm (a minimum of six inches above the crown of any abutting road) . for parks: 2.5 acres of developed parkland per 1000 population The city shall provide a motor vehicle transportation network based on the following minimum level of service standards, except within the transportation concurrency exception area (TCEA) and designated constrained roadways at a lower level of service (CRALLS): . Level of Service liD II or better for peak hour conditions on all unspecified City local and collector highway facilities. . Level of Service "D" for peak season peak hour conditions on all unspecified arterial facilities. . Level of Service liD" for 1 95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, N'N 22nd Avenue Gateway Boulevard between Congress Avenue and 1-95, High Ridge Road from Gateway Boulevard to the entrance to the Boynton Beach Tri-Rail Station, Congress Avenue between Boynton Beach Boulevard and N'N 22nd Avenue Gateway Boulevard and Boynton Beach Boulevard east of 1-95. . Level of Service "E" for 1-95 through the City. . Level of Service "Maintain" for all facilities that have been identified as Backlogged and Contrained (where Level of Service standards have been exceeded), except within TCEA and CRALLS. The School District of Palm Beach County shall maintain minimum level of service standards for public school facilities as follows, in accordance with the adopted Interlocal Agreement: --~----~~. - -- ~- City of Boynton Beach 9-1 Date: January 2November 18.2008 Comprehensive Plan Capital Improvements Element Amendments 08-GtE+02 Ordinance ~08-Ql::' XII. - LEGAL - 2nd Reading Non-Development CITY OF BOYNTON. BEACH ITEM B.2 AGENDA ITEM REQUEST FORlh 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 Meetin~ Dates in to City Clerk's Office 0 August 19, 2008 August 4,2008 (Noon) 0 October 21, 2008 October 6, 2008 (Noon) 0 September 2, 2008 August 18, 2008 (Noon) 0 November 5, 2008 October 20, 2008 (Noon) 0 September 18,2008 September 2, 2008 (Noon) [8J November 18, 2008 November 3, 2008 (Noon) 0 October 7, 2008 September 15,2008 (Noon) 0 December 2, 2008 November 17, 2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda [8J Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Please place this request on the November 18, 2008 City Commission Agenda under Legal, Ordinances - 2nd Reading, The City Commission on November 5, 2008, reviewed and approved this proposed code amendment under Legal, Ordinance lSI Reading, Please note that the proposed ordinance has been revised in order to 1) accentuate the exception provisions that correspond with most sections in the ordinance; and 2) to replace the overcrowding provision requiring a subjective determination by the Building Official with objective standards including minimum room size (70 square feet per occupant) and minimum sleeping room size (50 square feet per occupant). See attached memorandum No, 08-077 for general information on this item DESCRIPTION: Land Development Regulation (LDR) Rewrite Deliverable and Project Update A portion of Group 6 - Property Maintenance Requirements This City-initiated item is a portion of Group 6 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article IV, newly drafted Property Maintenance Requirements, to be codified within existing Part II of the City's Code of Ordinances. This proposed section will replace a portion of Chapter 20 (Building, Housing and Construction General) of the LDR, and relocate it to Chapter 10 of Part II. This valuable code section establishes new property maintenance requirements that would provide minimum standards for the upkeep of all vacant and developed property in the city, Unlike most portions of the LDR, which are interrelated and associated with new construction or redevelopment, this section is independent from the LDR, targets existing vacant and built properties, and would have immediate affect upon adoption, PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/A ALTERNATIVES: No adopt proposed code amendments or adopt jth changes, k ~ C.O~t:) , . ck~ lSe- ~UU' (b , ) City Manager's Signature l,Lj t:~~ Assistant to City Manager (yr(; City Attorney / Finance anmng an Zorn . ector S:\PlanninglZoning Code UpdalelLOR RewrilelAgenda RequestslAgenda Item Request LOR Group 6 PI II Cpl J 0 CDRY 07.004 J] -J 8-08 2nd reading Ldoc S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC ! ! I 1 ORDINANCE NO. 08- ') " AN ORDINANCE OF THE CITY COMMISSION OF THE _1 4 CITY OF BOYNTON BEACH, FLORIDA AMENDING THE 5 CITY OF BOYNTON BEACH CODE OF ORDINANCES BY 6 AMENDING PART II, CHAPTER 10, "REFUSE, AND 7 ABANDONED PROPERTY" BY ENACTING A NEW 8 ARTICLE IV, "PROPERTY MAINTENANCE 9 REQUIREMENTS" TO PROVIDE FOR STANDARDS FOR 10 THE MAINTENANCE OF RESIDENTIAL AND NON- 11 RESIDENTIAL PROPERTIES WITHIN THE CITY; 12 REPEALING CITY OF BOYNTON BEACH CODE OF 13 ORDINANCES PART III, CHAPTER 20, ARTICLE I, 14 SECTION 8, "BUILDING SECURITY CODE; ARTICLE II, 15 "ELECTRICAL CODE", ARTICLE V, "ENERGY 16 EFFICIENCY CODE", ARTICLE VIII, "HOUSING", 17 SECTION 1, "GENERALLY", SECTION 2, "MINIMllM 18 STANDARDS", AND ARTICLE IX, "SWIMMING POOLS 19 AND SP AS"; PROVIDING FOR CONFLICTS, 20 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 21 DATE. '"l') ..:.....:.- ')" WHEREAS, the City Commission desires to amend the City's Property Maintenance _.J I 24 Code in order to provide a mechanism for the continued enforcement of property maintenance 25 standards throughout the City: and 26 WHEREAS, the application of specific property maintenance standards will allow the 27 City to insure that residential and commercial structures are maintained in a safe, sanitar). and 28 structurally sound manner; and 29 WHEREAS, the adoption of a new property maintenance code will be in the best interest 30 of the health, safety, and welfare of the residents. citizens, and business within the Cit\ of 31 Boynton Beach. iI II 32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 33 CITY OF BOYNTON BEACH, FLORIDA, THAT: , I ] I 1 Section 1. The foregoing whereas clauses are true and correct and are now ratified and 2 confirmed by the City Commission. 3 Section 2. That the following provisions of the City of Boynton Beach Code of 4 Ordinances are hereby repealed in their entirety: Part III, "Land Development Regulations", Chapter 5 20, Article I, Section 8, "Building Security Code; Article II, "Electrical Code", Article V, "Energy 6 Efficiency Code", Article VIII, "Housing", Section 1, "Generally", Section 2, "Minimum 7 Standards", and Article IX, "Swimming Pools and Spas", and shall be of no further force or effect. 8 Section 3. That Part II, Chapter 10, "Refuse and Abandoned Property", of the City of 9 Boynton Beach Code of Ordinances is hereby amended by enacting a new Article IV, "Property 10 Maintenance Requirements", to read as follows: 11 I Chapter 10. Refuse, Abandoned Property, and Property Maintenance Requirements 12 * * * 13 ARTICLE IV. PROPERTY MAINTENANCE REQUIREMENTS 14 Sec. 10-54. Rules. 15 Unless otherwise expressly stated, the following terms shall, for the purposes of 16 this code have the meanings shown in this section. 17 0) Interchangeability. Words stated in the present tense include the future; 18 words stated in the masculine gender include the feminine and neuter; the 19 singular number includes the plural and the pluraL the singular. 20 (2) Terms not defined. Where terms are not defined through the methods 21 authorized by this section, such terms shall have ordinarily accepted 22 meanings such as the context implies. 23 (3) Parts. Whenever the words "dwelling unit," "dwelling," "premises," 24 "building," "rooming house," "rooming unit" "housekeeping unit" or 25 "story" are stated in this code, they shall be construed as though they were 26 followed by the words "or any part thereof." 27 Sec. 10-55. Definitions. 28 As used in this article: 29 Approved: Approved by the City Manager or designee. 2 1 Basement: That portion of a building which is part]v or completely below grad~: ; Bathroom: A room containing plumbing fixtures including a bathtub or sho~er " Bedroom: Anv room or space used or intended to be used for sleeping purposes 111 j 4 either a dwelling or sleeping unit. 5 Condemn: To adiudge unfit for occupancy. 6 Dwelling Unit: A single unit providing complete. independent living facilities for 7 one or more persons. including permanent provisions for living. sleeping. eating. cooking. 8 and sanitation. 9 Easement: That portion ofIand or property reserved for present or future use bv a 10 person or agency other than the legal fee owner( s) of the property. The easement shall be I I permitted to be for use under, on, or above a said lot or lots. 12 Exterior Provertv: The open space of the premises and on adioining property 13 under the control of owners or operators of such premises. 14 .f.xtermination: The control and elimination of insects. rats or other pests by 15 eliminating their harborage places: by removing or making inaccessible materials that 16 serves as their food; by poison spraying. fumigating, and trapping or bv anv other 17 approved pest elimination methods. 18 Gal-baze: The animal or vegetable waste resulting from the handling. preparation. 19 cooking, and consumption of food. 20 Guard: A building component or a system ofbui]ding components located at or 21 near the open sides of elevated walking surfaces that minimizes the possibility of a fall "1") from the walking surface to a lower level. ~- .,,, Habitable Svace: Space in a structure for living. sleeping, eating. or l.:ooking. ':"J 24 Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not 25 considered habitable spaces. 26 Housekeeving Unit: A room or group ofrooms forming a single habitable space 27 equipped and intended to be used for living, sleeping, cooking, and eating which does not 28 contain. within such a unit. a toilet, lavatory and bathtub or shower. 29 imminent Danger: A condition which could cause serious or life-threatening 30 iniury or death at any time. 3 ] Infestation: The presence, within or contiguous to, a structure or premises of "; " insects. rats, vermin or other pests. J_ 11 33 inoperable Motor Vehicle: A vehicle which cannot be driven upon the public 34 streets for reason including but not limited to being unlicensed, wrecked, abandoned. in a 35 state of disrepair, or incapable of beinl2- moved under its own power. I 1 i 0, I .) ! r r 1 Labeled: Devices, equipment, appliances, or materials to which has been affixed a 2 labeL seaL symbol or other identifying mark of a nationally recognized testing laboratory, 3 inspection agency or other organization concerned with product evaluation that maintains 4 periodic inspection of the production of the above-labeled items and by whose label the 5 manufacturer attests to compliance with applicable nationally recognized standards. 6 Let for Occupancy or Let: To permit, provide, or offer possession or occupancy of 7 a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is 8 or is not the legal owner of record thereof, pursuant to a written or unwritten lease, 9 agreement or license, or pursuant to a recorded or unrecorded agreement of contract for 10 the sale of land. 11 Occupancy: The purpose for which a building or portion thereof is utilized or 12 occupied. 13 Occupant: Any individual living or sleeping in a building, or having possession of 14 a space within a building. 15 Openable Area: That part of a window, skylight or door which is available for 16 unobstructed ventilation and which opens directly to the outdoors. 17 Operator: Any person who has charge, care, or control of a structure or premises 18 which is let or offered for occupancy. 19 Owner: Any person, agent, operator, firm or corporation having a legal or 20 equitable interest in the property; or recorded in the official records of the state, county or 21 municipality as holding title to the property; or otherwise having control of the property, 22 including the guardian of the estate of any such person, and the executor or administrator 23 of the estate of such person if ordered to take possession of real property by a court. 24 Person: An individual, corporation, partnership or any other group acting as a 25 unit. 26 Premises: A lot, plot, or parcel of land, easement, or public way, including any 27 structures thereon. 28 Public Way: Any street, alley, or similar parcel of land essentially unobstructed 29 from the ground to the sky, which is deeded, dedicated, or otherwise permanently 30 appropriated to the public for public use. 31 Rooming House: A building arranged or occupied for lodging, with or without 32 meals, for compensation and not occupied as a one- or two-family dwelling. 33 Rooming Unit: Any room or group of rooms forming a single habitable unit 34 occupied or intended to be occupied for sleeping or living, but not for cooking purposes. 35 Rubbish: Combustible and noncombustible waste materials, except garbage. The 36 term shall include the residue from the burning of wood, coal, coke and other combustible 37 materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard 4 1 i I trimming.s, tin cans. metals. mineral matter. glass, crockery and dust and other slInil.,<:iT II 2 materials. ., i Sleeoinz Unit: A room or space in which people sleep. which can also include j 4 permanent provisions for living., eating and either sanitation or kitchen facilities, but not 5 both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. 6 Structure: That which is built or constructed or a portion thereof. 7 Tenant: A person. corporation, partnership or group, whether or not the legal 8 owner of record, occupving a building or portion thereof as a unit. 9 Toilet Room: A room containing a water closet or urinal but not a bathtub or 10 shower. 11 Ventilation: The natural or mechanical process of supplying conditioned or 12 unconditioned air to. or removing such air from. any space. 13 Workmanlike: Executed in a skilled manner: e.g.. generally plumb. level. square. 14 in line. undamaged and without marring adiacent work. 15 Yard: An open space on the same lot with a structure. 16 Sec. 10-56. General requirements. 17 (a) General. ]8 (1) Applicability. The provisions of this section shall govern the minimum ]9 conditions and the responsibilities of persons for maintenance of structures. 20 equipment and exterior property located within the City. 21 (2) Responsibility. The owner of the premises shall maintain the structures 22 and exterior property in compliance with these requirements. A person shall not 23 occupy as owner-occupant or permit another person to occupy premises which are 24 not in a sanitary and safe condition and which do not comply with the 25 requirements of this section. Occupants of a dwelling unit rooming unit or 26 housekeeping unit are responsible for keeping in a clean, sanitary and safe 27 condition that part of the dwelling unit, rooming unit, housekeeping unit or 28 premises. which they occupy and control. 29 (3 ) Vacant structures and land. All vacant structures and premises thereof or 30 vacant land shall be maintained in a clean, safe. secure and sanitary condition as 31 proyided herein so as not to cause a blighting problem or adverse I v affect the ~J public health or safetv. -'~ /I 33 I (b) Exterior propertv areas. 34 (1) Sanitation. All exterior property and premises shall be maintained in a 35 clean, safe, and sanitary condition. The occupant shall keep that part of the 36 exterior property , which such occupant occupies or controls in a clean and sanitary 37 condition. I 5 I i r I 1 (2) Grading and drainage. All premises shall be graded and maintained to 2 prevent the erosion of soil and to prevent the accumulation of stagnant water 3 thereon. 4 Exceution: Approved retention areas and reservoirs, or within any 5 structure located thereon. 6 (3) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, 7 parking spaces, and similar areas shall be kept in a proper state of repair, and 8 maintained free from hazardous conditions. 9 (4) Weeds. All premises and exterior property shall be maintained free from 10 weeds or plant growth in excess of twelve inches (12"). All noxious weeds shall 11 be prohibited. Weeds shall be defined as all grasses, plants, and vegetation, other 12 than trees or shrubs provided; however, this term shall not include cultivated 13 flowers, gardens, and yards certified by the Florida Yards and Neighborhoods 14 program. 15 (5) Rodent harborage. All structures and exterior property shall be kept free 16 from rodent harborage and infestation. Where rodents are found, they shall be 17 promptly exterminated by approved processes which will not be iniurious to 18 human health. After extermination, proper precautions shall be taken to eliminate 19 rodent harborage and prevent re-infestation. 20 (6) Exhaust vents. Pipes, ducts, conductors, fans, or blowers shall not 21 discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or 22 particulate wastes directly upon abutting or ad;acent public or private property or 23 that of another tenant. 24 (7) Accessory structures. All accessory structures, including detached 25 garages, fences and walls, shall be maintained structurally sound and in good 26 repaIr. 27 (8) Defacement of property. No person shall willfully or wantonly damage, 28 mutilate or deface any exterior surface of any structure or building on any private 29 or public property by placing thereon any marking, carving or graffiti. It shall be 30 the responsibility of the owner to restore said surface to an approved state of 31 maintenance and repair. 32 (c) Swimming lJools, SlJas, and hot tubs. 33 (1) Swimming pools. Swimming pools shall be maintained in a clean and 34 sanitary condition, and in good repair. 35 (2) Enclosures. Private swimming pools, hot tubs, and spas, containing water 36 more than 24 inches (610 mm) in depth shall be completely surrounded by a fence 37 or barrier at least 48 inches ( 1219 mm) in height above the finished ground level 38 measured on the side of the barrier away from the pool. Gates and doors in such 39 barriers shall be self-closing and self-latching. Where the self-latching device is 40 less than 54 inches ( 1372 mm) above the bottom of the gate, the release 6 1 mechanism shall be located on the poolside of the gate. Self-closing and seLL: 2 latching gates shall be maintained such that the gate will positivelv close and latch '"I , when released from an open position of6 inches (152 mm) from the gatepost. }'-JQ J 4 I existing pool enclosure shall be removed, replaced, or changed in a manneU.hal 5 reduces its effectiveness as a safetv barrier. ! 6 Exception: Spas or hot tubs with a safety cover that complies with 7 ASTM F 1346 shall be exempt from the provisions of this section. 8 ( d) Exterior structure. 9 (1) General. The exterior of a structure shall be maintained in good repair. 10 structurally sound and sanitary so as not to pose a threat to the public health. 11 safety. or welfare. 12 (2) Protective treatment. All exterior surfaces. including but not limited to. 13 doors, door and window frames. cornices. porches, trim, balconies, decks and 14 fences shall be maintained in good condition. Exterior wood surfaces. other than 15 decay resistant woods. shall be protected from the elements and decav by painting 16 or other protective covering or treatment. Peeling. flaking and chipped paint shall 17 be eliminated and surfaces repainted. All siding and masonry ioints as well as 18 those between the building envelope and the perimeter of windows, doors. and 19 sky lights shall be maintained weather resistant and watertight. All metal surfaces 20 subject to rust or corrosion shall be coated to inhibit such rust and corrosion and 21 all surfaces with rust or corrosion shall be stabilized and coated to inhibit future 22 rust and corrosion. Oxidation stains shall be removed from exterior surfaces. ^)'"I Surfaces designed for stabilization bv oxidation are exempt from this requirement ...J 24 (3 ) Premises identification. Buildings shall have approved address numbers 25 placed in a position to be plainly legible and visible from the street or road 26 fronting the propertv. These numbers shall contrast with their background. 27 Address numbers shall be Arabic numerals or alphabet letters. Numbers shall 28 have a minimum stroke width of 0.5 inch (12.7 mm) and shall be a minimum of 4 29 inches ( 102 mm) high for single family units, 4 inches ( 1 02 mm) high at front and 30 rear entrances for multi-family units, and 6 inches ( 153 mm) tor commercial units. 31 (4) Structural members. All structural members shall be maintained free trom '"I; deterioration, and shall be capable of safelv supporting the imposed dead and Ii ve .)... '"1'"1 loads. --' -' 34 (5 ) Foundation walls. All foundation walls shall be maintained plumb and 35 free from open cracks and breaks and shall be kept in such condition soas to 36 11 prevent the entry of rodents and other pests. i 37 (6) Exterior walls. All exterior walls shall be free from holes, breaks. and 38 loose or rotting materials. and maintained weatherproof and properly surface 39 coated where required to prevent deterioration. , I 7 '1 1 (7) Roofs and drainage. The roof and flashing shall be sound, tight and not 2 have defects that admit rain. Roof drainage shall be adequate to prevent dampness 3 or deterioration in the walls or interior portion of the structure. Roof drains, 4 gutters, and downspouts shall be maintained in good repair and free from 5 obstructions. Roof water shall not be discharged in a manner that creates a public 6 nmsance. 7 (8) Decorative features. All cornices, belt courses, corbels, terra cotta trim, 8 wall facings, and similar decorative features shall be maintained in good repair 9 with proper anchorage and in a safe condition. 10 (9) Overhang extensions. All overhang extensions including, but not limited 11 to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust 12 ducts shall be maintained in good repair and be properly anchored so as to be kept 13 in a sound condition. When required, all exposed surfaces of metal or wood shall 14 be protected from the elements and against decay or rust by periodic application of 15 weather-coating materials, such as paint or similar surface treatment. 16 (10) Stairways, decks, porches and balconies. Every exterior stairway, deck, 17 porch and balcony, and all appearances attached thereto, shall be maintained 18 structurally sound, in good repair, with proper anchorage and capable of 19 supporting the imposed loads. 20 (11) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and 21 similar appurtenances shall be maintained structurally safe and sound, and in good 22 repan. All exposed surfaces of metal or wood shall be protected from the 23 elements and against decay or rust by periodic application of weather coating 24 materials, such as paint or similar surface treatment. 25 (12) Handrails and guards. Every handrail and guard shall be firmly fastened 26 and capable of supporting normally imposed loads and shall be maintained in 27 good condition. 28 (13) Window, skylight and door frames. Every window, skylight, door, and 29 frame shall be kept in sound condition, good repair , and weather tight. 30 a. Glazing. All glazing materials shall be maintained free from cracks 31 and holes. 32 b. Openable windows. Every window, other than a fixed window, 33 shall be easily openable and capable of being held in position by window 34 hardware. 35 (14) Insect screens. Every door, window and other outside opening required for 36 ventilation of habitable rooms, food preparation areas, food service areas or any 37 areas where products to be included or utilized in food for human consumption are 38 processed, manufactured, packaged or stored shall be supplied with approved 39 tightly fitting screens of not less than 16 mesh per inch ( 16 mesh per 25 mm), and 8 , 1 i every screen door used for insect control shall have a self-closing device 111 g(~g 2 working condition. " Exception: Screens shall not be required where other approved J 4 means, such as air curtains or insect repellent fans. are emploved. 5 (15 ) Doors. All exterior doors. door assemblies. and hardware shall be 6 maintained in good condition. Locks at all entrances to dwelling units and 7 sleeping units shall tightly secure the door. Locks on means of egress doors shall 8 be in accordance with Section 1 0-60(b)(3 ). 9 (16) Basement and crawl space hatchways. Every basement hatchway shall be 10 maintained to prevent the entrance of rodents, rain, and surface drainage water. 11 (17) Guards for basement and crawl space windows and vents. Every basement 12 window that is openable shall be supplied with rodent shields, storm windows or 13 other approved protection against the entry of rodents. ]4 (18) Building security. Doors. windows, or hatchways for dwelling units. room ]5 units, or housekeeping units shall be provided with devices designed to provide 16 security for the occupants and property within. 17 a. Doors. Doors providing access to a dwelling unit, rooming unit. or 18 housekeeping unit that is rented. leased, or let shall be equipped with a ]9 deadbolt lock designed to be readilv openable from the side from which 20 egress is to be made without the need for keys, special knowledge. or 21 effort and shall have a lock throw of not less than 1 inch (25 mm ). Such 22 deadbolt locks shall be installed according to the manufacturer's ," specifications and maintained in good working order. For the purpose of _J 24 this section, a sliding bolt shall not be considered an acceptable deadbolt 25 lock. 26 b. Windows. Operable windows located in whole or in part within 6 27 feet (1828 mm) above ground level or a walking surface below that 28 provide access to a dwelling unit. rooming unit or housekeeping unit that 29 is rented. leased or let shall be equipped with a window sash locking 30 device. 31 (e) Interior structure.. 32 (1) General. The interior of a structure and equipment therein shall be 33 maintained in good repair, structurallv sound, and in a sanitary condition. 34 Occupants shall keep that part of the structure which they occupv or control in a 35 clean and sanitary condition. Every owner of a structure containing a rooming 36 house, housekeeping unit, a hotel. a dormitory, two or more dwelling units or two 37 or more nonresidential occupancies, shall maintain, in a clean and sanitary 38 condition, the shared or public areas of the structure and exterior propertv, 39 (2) Structural members. All structural members shall be maintained 40 structurally sound. and be capable of supporting the imposed loads. I 9 ! . , I , . , I 1 (3) Interior surfaces. All interior surfaces, including windows and doors, shall 2 be maintained in !2:ood, clean, and sanitary condition. Peeling, chipping, flaking, 3 or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, 4 decayed wood, and other defective surface conditions shall be corrected. 5 (4) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, 6 deck, or other walking surface shall be maintained in sound condition and good 7 repaIr . 8 (5) Handrails and guards. Every handrail and guard shall be firmly fastened 9 and capable of supporting normally imposed loads and shall be maintained in 10 good condition. 11 (6) Interior doors. Every interior door shall fit reasonably well within its 12 frame and shall be capable of being opened and closed by being properly and 13 securely attached to iambs, headers, or tracks as intended by the manufacturer of 14 the attachment hardware. 15 (f) Handrails and guardrails. 16 (1) General. Every exterior and interior fli!2:ht of stairs having more than four 17 risers shall have a handrail on one side of the stair and every open portion of a 18 stair, landing, balcony, porch, deck, ramp or other walking surface which is more 19 than 30 inches (762 mm) above the floor or grade below shall have guards. 20 Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches 21 (1067 mm) high measured vertically above the nosing of the tread or above the 22 finished floor of the landing or walking surfaces. Guards shall not be less than 30 23 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or 24 ramp or other walking surface. 25 Exception: Guards shall not be required where exempted by the Florida 26 Building code. 27 (g) Rubbish and garbage. 28 0) Accumulation of rubbish or garbage. All exterior property and premises, 29 and the interior of every structure. shall be free from any accumulation of rubbish 30 or garbage. 31 (2) Disposal of rubbish. Every occupant of a structure shall dispose of all 32 rubbish in a clean and sanitary manner by placing such rubbish in approved 33 containers. 34 a. Refrigerators. Refrigerators and similar equipment not in 35 operation shall not be discarded, abandoned, or stored on premises without 36 first removing the doors. 37 (3) Disposal of garbage. Every occupant of a structure shall dispose of 38 garbage in a clean and sanitary manner by placing such garbage in an approved 39 garbage disposal facility or approved garbage containers. 10 1 i a. Garbage facilities. The owner of every dwelling. shall supph one i i of the following: an approved mechanical food \vaste f.!.rinder in each 3 dwelling. unit: an approved incinerator unit in the structure available to th.(:' 4 occupants in each dwelling. unit: or an approved leak-proof. c()v.~I~\L " outside b!arbaf.!.e container. 6 b. Containers. The operator of every establishment producing 7 garbage shall provide, and at all times cause to be utilized. approved leak- 8 proof containers provided with close-fitting. covers for the storage of such 9 materials until removed from the premises for disposal. 10 (h) Extermination 11 (1) Infestation. All structures shall be kept free from insect and rodent 12 infestation. All structures in which insects or rodents are found shall be promptlv 13 exterminated by approved processes that will not be injurious to human health. 14 After extermination. proper precautions shall be taken to prevent re-infestation. 15 (2) Owner. The owner of an v structure shall be responsible for extermination 16 within the structure prior to renting or leasing the structure. 17 (3 ) Single occupant. The occupant of a one-family dwelling or of a sing1e- 18 tenant nonresidential structure shall be responsible for extermination on the 19 premIses. 20 (4 ) Multiple occupancv. The owner of a structure containing. two or more 21 dwelling units. a multiple occupancy. a rooming house or a nonresidential 22 structure shall be responsible for extermination in the public or shared areas of the i" structure and exterior property. If infestation is caused bv failure of an occupant ~-) 24 to prevent such infestation in the area occupied. the occupant shall be responsible 25 for extermination. 26 (5) Occupant. The occupant of any structure shall be responsible for the 27 continued rodent and pest-free condition of the structure. 28 Exception: Where the infestations are caused by defects in the structure. 29 the owner shall be responsible for extermination. 30 Sec. 10-57. Lieht, ventilation and occupancy limitations. 31 32 (a) General. "" .:U 34 I (1) Scope. The prOVISIOns of this section shall govern the mimmum 35 conditions and standards for light. ventilation. and space for occupving a structure. 36 37 (2) Responsibility. The owner of the structure shall provide and maintain 38 light, ventilation and space conditions in compliance with these requirements. A 39 person shall not occupy as owner-occupant. or permit another person to OCCUPy. 40 any premises that do not complv with the requirements of this section. 41 I I 11 I I . , I 1 (3) Alternative devices. In lieu of the means for natural light and ventilation 2 herein prescribed, artificial light or mechanical ventilation complying with the 3 Florida Building Code shall be permitted. 4 5 (b) Light. 6 7 (1) Habitable spaces. Every habitable space shall have at least one window of 8 approved size facing directly to the outdoors or to a court. The minimum total 9 glazed area for every habitable space shall be 8 percent of the floor area of such 10 room. Wherever walls or other portions of a structure face a window of any room 11 and such obstructions are located less than 3 feet (914 mm) from the window and 12 extend to a level above that of the ceiling of the room, such window shall not be 13 deemed to face directly to the outdoors nor to a court and shall not be included as 14 contributing to the required minimum total window area for the room. 15 16 Exception: Where natural light for rooms or spaces without exterior 17 glazing areas is provided through an adioining room, the unobstructed 18 opening to the adioining room shall be at least 8 percent of the floor area 19 of the interior room or space, but not less than 25 square feet (2.33 mm). 20 The exterior glazing area shall be based on the total floor area being 21 served. 22 23 (2) Common halls and stairways. Every common hall and stairway in 24 residential occupancies, other than in one- and two-family dwellings, shall be 25 lighted at all times with at least a 60-watt standard incandescent light bulb for 26 each 200 square feet (19 m2) of floor area or equivalent illumination, provided 27 that the spacing between lights shall not be greater than 30 feet (9144 mm). In 28 other than residential occupancies, means of egress, including exterior means of 29 egress, stairways shall be illuminated at all times the building space served by the 30 means of egress is occupied with a minimum of 1 footcandle ( 11 lux) at floors, 31 landings and treads, 32 33 (3) Other spaces. All other spaces shall be provided with natural or artificial 34 light sufficient to permit the maintenance of sanitary conditions, and the safe 35 occupancy ofthe space and utilization of the appliances, equipment, and fixtures. 36 37 (c) Ventilation. 38 39 (1) Habitable spaces. Every habitable space shall have at least one openable 40 window. The total openable area ofthe window in every room shall be equal to at 41 least 45 percent of the minimum glazed area required in Section 1 0-57(b)(1 ). 42 43 Exception: Where rooms and spaces without openings to the outdoors 44 are ventilated through an adioining room, the unobstructed opening to 45 the adioining room shall be at least 8 percent of the floor area of the 46 interior room or space, but not less than 25 square feet (2.33 mm). The 12 I Ii ventilation openings to the outdoors shall be based on a total tloor area 2 II being ventilated. ':\ : I - I' 4 II (2) Bathrooms and toilet rooms. Everv bathroom and toilet room shall complY - I with the ventilation requirements for habitable spaces as required above. except ) I 6 that a window shall not be required in such spaces equipped with a mechanical 7 ventilation system. Air exhausted by a mechanical ventilation system from a 8 bathroom or toilet room shall discharge to the outdoors and shall not h~_...IT__ 9 circulated. 10 II (3) Cooking facilities. Unless approved through the certificate ofoccupancv, 12 cooking shall not be permitted in any rooming unit or dormitory unit, and a 13 cooking facility or appliance shall not be permitted to be present in the rooming 14 unit or dormitory unit. IS 16 Exceptions: 17 18 (a). Cooking facilities may be located in a room otherwIse 19 prohibited by this section where the Building Official specifically 20 approves such a location in writing. 21 J} (b) Devices such as coffee pots and microwave ovens shall not be 23 considered cooking appliances. 24 25 (4) Process ventilation. \\tnere injurious. toxic, irritating. or noxious fumes. 26 gases, dusts or mists are generated. a local exhaust ventilation system shall be 27 provided to remove the contaminating agent at the source. Air shall be exhausted 28 to the exterior and not be re-circulated to any space. 29 30 (5) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent 31 of all other systems and shall be exhausted in accordance with the manufacturer's "} instructions. -'~ "..., -' -' 34 (d) Occupancy limitations. 35 36 (1) Privacy. Dwelling units, hotel units, housekeeping units, rooming units 37 and dormitory units shall be arranged to provide privacy and be separate from 38 other adioining spaces. 39 40 (2) Size of dwelling unit. The total square footage of all habitable rooms in a 41 II dwelling unit shall be no less than one hundred and fifty (150) square feet of floor 42 I area for the first occupant, and one hundred ( 1 00) square feet of floor area for each I 43 additional occupant. 44 45 Exception: Dwelling units shall contain a greater floor area if required 46 bv the applicable building or zoning code provisions. 47 I ] ~ i I , , 1 (3) Minimum room widths. A habitable room, other than a kitchen, shall not 2 be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear 3 passageway of not less than 3 feet (914 mm) between counter-fronts and 4 appliances or counter-fronts and walls. 5 6 (4) Every sleeping room for one occupant shall have no less than seventy (70) 7 square feet of floor space. or fifty (50) square feet of floor space per occupant, 8 whichever is greater. 9 10 (5) Minimum ceiling heights. Habitable spaces. hallways, corridors. laundry 11 areas, bathrooms. toilet rooms and habitable basement areas shall have a clear 12 ceiling height of not less than 7 feet (2134 mm). 13 14 Exceptions: 15 16 a. In one and two-family dwellings. beams. or girders spaced not 17 less than 4 feet ( 1219 mm) on center and proiecting not more than 6 18 inches (152 mm) below the required ceiling height. 19 20 b. Basement rooms in one and two-family dwellings occupied 21 exclusively for laundry. study or recreation purposes. having a ceiling 22 height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 23 4 inches ( 193 2 mm) of clear height under beams. girders. ducts and similar 24 obstructions. 25 26 c. Rooms occupied exclusively for sleeping. study or similar 27 purposes and having a sloped ceiling over all or part of the room, with a 28 clear ceiling height of at least 7 feet (2134 mm) over not less than one- 29 third of the required minimum floor area. In calculating the floor area of 30 such rooms. only those portions of the floor area with a clear ceiling 31 height of 5 feet (1524 mm) or more shall be included. 32 33 (6) Bedroom and living room requirements. Every bedroom and living room 34 shall comply with the following requirements: 35 36 a. Room area. Every living room shall contain at least 120 square 37 feet (1 1.2 m2) and every bedroom shall contain at least 70 square feet (6.5 38 m2). 39 40 b. Access from bedrooms. Bedrooms shall not constitute the only 41 means of access to other bedrooms or habitable spaces and shall not serve 42 as the only means of egress from other habitable spaces. 43 44 Exception: This provision shall not apply to units that contain 45 fewer than two bedrooms. 46 14 ] c. Water closet accessibility. Everv bedroom shall have acces~~d~LJ:ll i least one water closet and one lavatory without passing through another - " bedroom. Everv bedroom in a dwelling unit shall have access to at least -' 4 om: water closet and lavatorv located in the same ston as the bedf(~.~1]1llr 5 an adjacent ston. 6 7 d. Prohibited occupancy. Kitchens and non-habitable spaces shall not 8 be used for sleeping purposes. 9 10 e. Other requirements. Bedrooms shall comply with the applicable 11 provisions of this code including, but not limited to. the light. ventilation. 12 room area, ceiling height and room width requirements of this section: the ] " plumbing facilities and water-heating facilities requirements of Section 4: _1 14 the heating facilities and electrical receptacle requirements of Section 5: 15 and the smoke detector and emergency escape requirements of Section 6, 16 17 (7) Efficiency unit. Nothing in this section shall prohibit an efficienC'v living. 18 I unit from meeting the following requirements: 19 20 a. A unit occupied by not more than two occupants shall have a clear 21 floor area of not less than 220 square feet (20A m2). A unit occupied bv 22 three occupants shall have a clear floor area of not less than 320 square 23 feet (29.7m2). These required areas shall be exclusive of the areas 24 required by Items 2 and 3. i~ ...) I 26 b. The unit shall be provided with a kitchen sink. cooking appliance 27 and refrigeration facilities. each having a clear working space of not less 28 than 30 inches (762 mm) in front. Light and ventilation conforming to 29 this code shall be provided. 30 31 c. The unit shall be provided with a separate bathroom containing a "i water closet. lavatonT, and bathtub or shower. _1_ 33 34 d. The maximum number of occupants shall be three. 35 36 (8) Food preparation. All spaces to be occupied for food preparation purposes 37 shall contain suitable space and equipment to store, prepare. and serve foods in a 38 sanitary manner. There shall be adequate facilities and services for the sanitary 39 disposal of food wastes and refuse, including facilities for temporarY storage. 40 41 I Sec. 10-58. Plumbin2: facilities and fixture requirements. 42 II I 43 (a) General 44 45 (1) Scope. The provisions of this section shall govern the minimum plumbing 46 systems, facilities, and plumbing fixtures to be provided. 47 I 15 , I , , I 1 (2) Responsibility. The owner of the structure shall provide and maintain 2 such plumbing facilities and plumbing fixtures in compliance with these 3 requirements. A person shall not OCCUPy as owner-occupant or permit another 4 person to OCCUpy any structure or premises which does not comply with the 5 requirements of this section. 6 7 (b) Required facilities. 8 9 (1) Dwelling units. Every dwelling unit shall contain its own bathtub or 10 shower. lavatory, water closet. and kitchen sink which shall be maintained in a 11 sanitary. safe working condition. The lavatory shall be placed in the same room as 12 the water closet or located in close proximity to the door leading directly into the 13 room in which such water closet is located. A kitchen sink shall not be used as a 14 substitute for the required lavatory. 15 16 (2) Rooming houses. At least one water closet, lavatory and bathtub or 17 shower shall be supplied for each four rooming units. 18 19 (3) Hotels. Where private water closets, lavatories and baths are not provided, 20 one water closet one lavatory and one bathtub or shower having access from a 21 public hallway shall be provided for each ten occupants. 22 23 (4) Employees' facilities. A minimum of one water closet, one lavatory, and 24 one drinking facility shall be available to employees. 25 26 a. Drinking facilities. Drinking facilities shall be a drinking fountain, 27 water cooler, bottled water cooler, or disposable cups next to a sink or 28 water dispenser. Drinking facilities shall not be located in toilet rooms or 29 bathrooms. 30 31 (c) Toilet rooms. 32 33 (1) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not 34 constitute the only passageway to a hall or other space, or to the exterior. A door 35 and interior locking device shall be provided for all common or shared bathrooms 36 and toilet rooms in a multiple dwelling. 37 38 (2) Location. Toilet rooms and bathrooms serving hotel units, rooming units 39 or dormitory units or housekeeping units, shall have access by traversing not more 40 than one flight of stairs and shall have access from a common hall or passageway. 41 42 (3) Location of employee toilet facilities. Toilet facilities shall have access 43 from within the employees' working area. The required toilet facilities shall be 44 located not more than one story above or below the employees' working area and 45 the path oftravel to such facilities shall not exceed a distance of500 feet ( 152 m). 46 Employee facilities shall either be separate facilities or combined employee and 47 public facilities. 16 1 j Exception: Facilities that are required for employees in stora12C ~ ~ " structures or kiosks, which are located in adiacent structures under the j 4 same ownership, lease or controL shall not exceed a travel distance of 509 5 feet ( 152 m) from the employees' regular working area to the facilities 6 7 (4) Floor surface. In other than dwelling units, every toilet room floor shall be 8 maintained to be a smooth. hard, nonabsorbent surface to permit such floor to be 9 easily kept in a clean and sanitary condition. 10 11 (d) Plumbinz svstems and fixtures. 12 13 (1) General. All plumbing fixtures shall be properly installed and maintained 14 in working order. and shall be kept free from obstructions. leaks and defects and 15 be capable of performing the function for which such plumbing fixtures are 16 designed. All plumbing fixtures shall be maintained in a safe. sanitarv. and 17 functional condition. 18 19 (2) Fixture clearances. Plumbing fixtures shall have adequate clearances for 20 usage and cleaning. 21 22 (3) Plumbing system hazards. Where it is found that a plumbing system in a j" structure constitutes a hazard to the occupants or the structure by reason of ~j 24 inadequate service, inadequate venting. cross connection, back-siphonage, j- I improper installation, deterioration. or damage or for similar reasons. the Building -) 26 Official shall require the defects to be corrected to eliminate the hazard. 27 28 (e) Water svslem. 29 I 30 (1) General. Everv sink. lavatory. bathtub or shower. drinking fountain. water 31 closet. or other plumbing fixture shall be properly connected to either, a public "j water system or to an approved private water system. All kitchen sinks, lavatories, -'- ".., laundry facilities, bathtubs and showers shall be supplied with hot or tempered jj 34 and cold running water in accordance with the Florida Building Code. Plumbing. 35 36 (2) Contamination. The water supply shall be maintained free from 37 contamination. and all water inlets for plumbing fixtures shall be located above 38 the flood-level rim of the fixture. Shampoo basin faucets. ianitor sink faucets and 39 other hose bibs or faucets to which hoses are attached and left in place, shall be 40 protected by an approved atmospheric-type vacuum breaker or an approved 41 permanentlv attached hose connection vacuum breaker. 42 I 43 (3) Supply. The water supply system shall be installed and maintained to 44 provide a supply of water to plumbing fixtures, devices. and appurtenances in 45 sufficient volume and at pressures adequate to enable the fixtures to function 46 I properly, safely. and free from defects and leaks. 47 I 17 i I i i , , , ! 1 (4) Water heating facilities. Water heating facilities shall be properly 2 installed, maintained and capable of providing an adequate amount of water to be 3 drawn at every required sink, lavatory, bathtub, shower, and laundry facility at a 4 temperature of not less than llOoF (430C). A gas-burning water heater shall not 5 be located in any bathroom, toilet room, bedroom or other occupied room 6 normally kept closed, unless adequate combustion air is provided. An approved 7 combination temperature and pressure-relief valve and relief valve discharge pipe 8 shall be properly installed and maintained on water heaters. 9 10 (f) Sanitary drainage system. 11 12 (1) General. All plumbing fixtures shall be properly connected to either a 13 public sewer system or to an approved private sewage disposal system. 14 15 (2) Maintenance. Every plumbing stack, vent, waste and sewer line shall 16 function properly and be kept free from obstructions, leaks and defects. 17 18 (g) Storm drainage. 19 20 (1) General. Drainage of roofs and paved areas, yards and courts, and other 21 open areas on the premises shall not be discharged in a manner that creates a 22 public nuisance. 23 24 Sec. 10-59. Mechanical and electrical requirements. 25 26 (a) General. 27 28 (1) Scope. The provisions of this section shall govern the minimum 29 mechanical and electrical facilities and equipment to be provided. 30 31 (2) Responsibility. The owner of the structure shall provide and maintain 32 mechanical and electrical facilities and equipment in compliance with these 33 requirements. A person shall not occupy as owner-occupant or permit another 34 person to occupy any premises which does not comply with the requirements of 35 this section. 36 37 (b) Reserved. 38 39 (c) Mechanical equivment. 40 41 (1) Mechanical appliances. All mechanical appliances, fireplaces, solid fuel- 42 burning appliances, cooking appliances and water heating appliances shall be 43 properly installed and maintained in a safe working condition, and shall be 44 capable of performing the intended function. 45 46 (2) Removal of combustion products. All fuel-burning equipment and 47 appliances shall be connected to an approved chimney or vent. 18 J I Exception: This provision shall not apply to fuel-burning equipmenl - " and appliances which are labeled for unvented operation. j 4 5 (3) Clearances. All required clearances to combustible materials shall. be 6 maintained. 7 S (4 ) Safetv controls. All safety controls for fuel-burning equipment shall be I 9 i maintained in effective operation. I 10 , 11 I (5) Combustion air. A supplv of air for complete combustion of the fuel and I 12 for ventilation of the space containing the fuel-burning equipment shall be 13 provided for the fuel-burning equipment 14 I I 15 (6) Energy conservation devices. Devices intended to reduce fuel 16 consumption by attachment to a fuel-burning appliance, to the fuel supplv line 17 thereto, or to the vent outlet or vent piping therefrom. shall not be installed unless 18 labeled for such purpose and the installation is specificallv approved. 19 I 20 I (d) Electrical facilities. 21 II (1) Facilities required. Every occupied building shall be provided with an I" electrical system in compliance with the requirements of this section. .:. .) 24 25 (2) Service. The size and usage of appliances and equipment shall serve as a 26 basis for determining the need for additional facilities in accordance with the 27 NFP A 70 - National Electrical Code. Dwelling units shall be served by a three- 28 wire, 120/240 volt, single-phase electrical service having a rating of not less than 29 60 amperes. 30 31 (3 ) Electrical system hazards. Where it is found that the electrical system in a 32 structure constitutes a hazard to the occupants or the structure by reason of "" inadequate service. improper fusing, insufficient receptacle and lighting outlets, jj 34 improper wiring or installation. deterioration or damage. or for similar reasons. the 35 Building Official shall require the defects to be corrected to eliminate the hazard. 36 37 (e) Electrical equipmenl. 38 39 (1) Installation. All electrical equipment, wiring. and appliances shall be 40 properly installed and maintained in a safe and approved manner. 41 I 42 II (2) Receptacles. Everv habitable space in a dwelling shall contain at least two 43 I separate and remote receptacle outlets. Every laundry area shall contain at least 44 one grounded-type receptacle or a receptacle with a ground fault circuit 45 interrupter. Every bathroom shall contain at least one receptacle. Any new 46 bathroom receptacle outlet shall have ground fault circuit interrupter protection. 47 I I 14 I . , r I 1 (3) Luminaries. Every public hall, interior stairway, toilet room, kitchen, 2 bathroom, laundry room, boiler room, and furnace room shall contain at least one 3 electric luminaire. 4 5 (D Elevators, escalators and dumbwaiters. 6 7 (1) General. Elevators, dumbwaiters, and escalators shall be maintained in 8 compliance with Florida statutes and ASME AI7.1. The most current certification 9 of inspection shall be on display at all times within the elevator or attached to the 10 escalator or dumbwaiter, or the certificate shall be available for public inspection 11 in the office of the building operator. The inspection and tests shall be performed 12 at not less than the periodical intervals listed in ASME A17. L Appendix N, 13 except where otherwise specified by the authority having jurisdiction. 14 15 (2) Elevators. In buildings equipped with passenger elevators, at least one 16 elevator shall be maintained in operation at all times when the building is 17 occupied. 18 19 Exception: Buildings equipped with only one elevator shall be 20 permitted to have the elevator temporarily out of service for testing or 21 servIcmg. 22 23 (g) Duct systems. 24 25 (1) General. Duct systems shall be maintained free of obstructions and shall 26 be capable of performing the required function. 27 28 Sec. 10-60 Fire safety requirements. 29 30 (a) General. 31 32 (1) Scope. The provisions of this section shall govern the minimum 33 conditions and standards for fire safety relating to structures and exterior 34 premises, including fire safety facilities and equipment to be provided. 35 36 (2) Responsibility. The owner of the premises shall provide and maintain 37 such fire safety facilities and equipment in compliance with these requirements. 38 A person shall not occupy as owner-occupant or permit another person to occupy 39 any premises that do not comply with the requirements of this section. 40 41 (b) Means of egress. 42 43 (1) General. A safe, continuous, and unobstructed path of travel shall be 44 provided from any point in a building or structure to the public way. Means of 45 egress shall comply with the Florida Fire Prevention Code. 46 20 ] (2 ) Aisles. The required width of aisles in accordance with the Floricl?!'IJ:l' 2 Prevention Code shall be unobstructed. .., J 4 (3) Locked doors. All means of egress doors shall be readilv openable trom 5 the side from which egress is to be made without the need for keys. special 6 knowledge. or effort. except where the door hardware conforms to that permitted 7 bv the Florida Building Code. 8 9 (4) Emergency escape openings. Required emergency escape openings shall 10 be maintained in accordance with the code in effect at the time of construction. 11 and the following. Required emergency escape and rescue openings shall be 12 operational from the inside of the room without the use of keys or tools. Bars. 13 grilles. grates or similar devices are permitted to be placed over emergencv escape 14 and rescue openings provided the minimum net clear opening size complies with 15 the code that was in effect at the time of construction and such devices shall be 16 releasable or removable from the inside without the use of a key. tool or force 17 greater than that which is required for normal operation of the escape and rescue 18 openmg. 19 20 (c) Fire-resistance ratings. 21 ii (1) Fire-resistance rated assemblies. The required fire-resistance rating of i^\ fire-resistance-rated walls. fire stops. shaft enclosures. partitions. and floors shall _.) 24 I be maintained. i- -) 26 (2) Opening protectives. Required opening protectives shall be maintained in 27 an operative condition. All fire and smoke-stop doors shall be maintained in 28 operable condition. Fire doors and smoke barrier doors shall not be blocked or 29 obstructed or otherwise made inoperable. 30 31 (d) Fire protection svstems. 32 3'1 (1) General. All systems. devices and equipment to detect a fire. actuate an .) 34 alarm. or suppress or control a fire or any combination thereof shall be maintained 35 in an operable condition at all times in accordance with the Florida fire 36 Prevention Code. 37 38 (2) Smoke alarms. Single or multiple-station smoke alarms shall be installed 39 and maintained in all multi-unit dwellings regardless of occupant load at all ofthe 40 following locations: 41 42 I a. On the ceiling or wall outside of each separate sleeping area in the 43 immediate vicinity of bedrooms. 44 45 b. In each room used for sleeping purposes. 46 I ! I 2] , I II 'I ! I I I I I Ii ! 1 c. In each stOry within a dwelling unit, including basements and 2 cellars but not including (crawl spaces and uninhabitable attics. In .., dwellings or dwelling units with split-levels and without an intervening .) 4 door between the adiacent levels, a smoke alarm installed on the upper 5 level shall suffice for the adiacent lower level provided that the lower level 6 is less than one full story below the upper level. 7 8 Single or multiple-station smoke alarms shall be installed in other groups 9 in accordance with the Florida Fire Prevention Code. 10 11 (3) Power source. In all multi-unit dwellings, single-station smoke alarms 12 shall receive their primary power from the building wiring provided that such 13 wiring is served from a commercial source and shall be equipped with a battery 14 backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall 15 be permanent and without a disconnecting switch other than as required for over- 16 current protection. 17 18 Exception: Smoke alarms are permitted to be solely battery operated in 19 buildings where no construction is taking place, buildings that are not 20 served from a commercial power source and in existing areas of buildings 21 undergoing alterations or repairs that do not result in the removal of 22 interior wall or ceiling finishes exposing the structure. unless there is an 23 attic, crawl space or basement available which could provide access for 24 building wiring without the removal of interior finishes. 25 26 (4) Interconnection. Where more than one smoke alarm is required to be 27 installed within an individual dwelling unit in Group R-2, R-3, R-4 and in 28 dwellings not regulated as Group R occupancies, the smoke alarms shall be 29 interconnected in such a manner that the activation of one alarm will activate all 30 of the alarms in the individual unit. The alarm shall be clearly audible in all 31 bedrooms over background noise levels with all intervening doors closed. 32 33 Exceptions: Interconnection is not required in buildings, which are not 34 undergoing alterations, repairs, or construction of any kind. Smoke 35 alarms in existing areas are not required to be interconnected where 36 alterations or repairs do not result in the removal of interior wall or 37 ceiling finishes exposing the structure, unless there is an attic, crawl 38 space or basement available which could provide access for inter- 39 connection without the removal of interior finishes. 40 41 Sec. 10-61. Penalties. 42 43 Any person convicted ofthe violation of any of the terms or provisions of this article or 44 any code, requirements, or standards adopted hereby shall be subiect to penalties as 45 provided in Chapter 1, Section 1-6 of the City of Boynton Beach Code of Ordinances. In 46 addition, the City may use any equitable or legal remedy available at law to enforce any 47 violation of the terms or provisions of the City's Code of Ordinances. If any person 22 I i commences any work on a building, structure. plumbing. mechanical, or gas s\ stell! ') I before obtaining the necessary pern1it. he shall be subiect to a penaltv offour ( 4) times the - " I established permit fee. The Director of Development may allow a waiver of the penalt\ j I 4 I fee, in whole or in part. when such waiver is supported bv the circumstances that apph III I 5 the specific instance of imposing a penaltv fee. and does not violateJhe_best intere?Js~)r 6 i the citv. I 7 I 8 Sec. 10-62. Referenced standards. 9 ! 10 I This section lists the standards that are referenced in various section of this article. The 11 standards are listed herein by the promulgating agency of the standard, the standard 12 identification, the effective date. title. and the section(s) of this document that reference 13 the standards. 14 15 ASME American Society of Mechanical Engineers 16 I Three Park A venue ! New York. NY 10016-5990 17 18 19 Standard Reference Title 20 21 A17.1-2000 Safety Code for Elevators and Escalators with A17.1a 200d 22 Addend 7" ~.,) 24 ASTM ASTM International 25 100 Barr Harbour Drive 26 West Conshohocken, P A 19428-2959 27 28 Standard Reference Title 29 30 F 1346-91 (2003) Performance Specification for Safety Covers and Labeling 31 Requirements for all Covers for Swimming Pools. Spas. and Hot "7 Tubs j~ 33 34 Florida Codes Florida Building Commission -, - c/o Florida Department of Community Affairs .,)) 36 Building Codes and Standards 37 2555 Shumard Oak Boulevard 38 Tallahassee, Florida 32399-2100 39 40 I Standard Reference Title 41 II 42 ! I Florida Building Code, Building 43 Florida Building Code, Residential 44 Florida Building Code, Plumbing 45 Florida Building Code, Mechanical 46 Florida Building Code, Fuel Gas 47 Florida Building Code, Existing Building ,-' I -.' " I 1 Florida Fire Prevention Code 2 3 NFPA National Fire Protection Association 4 Batterymarch Park 5 Quincy. MA 02269 6 7 Standard Reference Title 8 9 70-05 National Electric Code 10 11 Section 4. Each and every other provision of the City of Boynton Beach Code of 12 Ordinances not herein specifically amended, shall remain in full force and effect as originally 13 adopted. 14 I Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict 15 with any provisions of this ordinance are hereby repealed. 16 Section 6. Should any section or provision of this Ordinance or any portion thereofbe 17 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 18 remainder of this Ordinance. 19 Section 7. Authority is hereby given to codify this Ordinance. 20 Section 8. This Ordinance shall become effective immediately. 21 FIRST READING this _ day of ,2008. 24 1 SECOND, FINAL READING AND PASSAGE this day ot !lW; I - " CITY OF BOYNTON BEACH. FLORlDf\ -) 4 5 6 -.---" ._-~ ~--- 7 Mayor - Jerry Taylor 8 9 10 ~_._..- 11 Vice Mayor - Jose Rodriguez 12 13 14 15 i Commissioner - Ronald Weiland 16 17 18 19 Commissioner - Woodrow L Hay 20 21 II ATTEST: -- -------- ;" Commissioner- Marlene Ross --) 24 I ,~ -) 26 Janet M. Prainito, CMe 27 City Clerk 28 29 I (Corporate Seal) 30 II II I II ,- ~) Ii II , I FROM : F8X NO, :5617426211 Nnu I/\t=. ?ClClQ IAA'<:;:CDM '-'4 XII. - LEGAL - 2nd Reading Non-Development ITEM 8.3 CITY OF BOYNTON BEACf AGENDA ITEM REQUEST FORM R~ue.\ted Ciry Commission Date FiOltl"urm Mllst be Turned R(lque~1cd City CommiH9ion Oale Final Forni Mllst be 'fllrned Mecor,.!: [)11~es in 10 Citv qerk's Ofl'ice M"I:I.ing~ ill 10 CilV Clerl;:.~ o August 19,2008 Augu.,t 4, 2008 (Noon) OClober 21, 2008 Oclober 6, :200R (Noon) o Seplcmber 2, 2008 A\lgu~11 R, 2008 (Noon) Novcmber 5, 2008 Oclober 20, ZOUS (Noon) o Septcmber 1 R, 2008 SCptcmoer 2,2008 (N('un) X Novcmber J II, 2008 November 3, 20US (Noon) o Octobcr 7, 2008 Septcmller 15, 2008 (Noon) o December 2. 2008 Novl:1Tlber 17, 200S (Noon) 0 Announcements/Presentarions 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM Consent Agenda x Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve second reading of Ordinance #08-032 tbat will enact a Solid Waste Commercial rate increase and revise the Code of Ordinance, Chapter 10, Garbage, Trash and Offensive Conditions to allow for increase and laoRuage change. EXPLANATION: As a result ofincreased labor and fucl cost!! the operational expenses "or Solid Waste Commercial service is expected to rise to 14% for FY2008/09. Attached is memorAlldum #08-081 from Larry Quinn, Solid Waste Manager comparing labor and operational expenses from FY 07/08 and FY 08/09 showing the 140/.. increolle. In addition he also has a comparison of our rate increase with the City of Delray Beach IInd tbe County (District 5) Indicating that our proposed rate is well below what Is being charged elsewhere. A proposed rate Increase commercial refuse chart Is attached. AIsClllttaehed is B drall revision of our current Solid Waste Code allowing the Director of Public Works to annllally adjust the container rental fee based upon chnnging purehase prices of new containers. Staff Is requesting to adjust the Operating Charge for FY08/09 from $3.51 per cubic yard to $4.00 per cubic yard with a reqlle~t that tbe Director have the authority to ralse the operating charge annually thereafter based on new container pricing. PROGRAM IMPACT: N/A FISCAL IMP ACT: Loss of potential revenue of approximately $379,000. ;L76/liZWHh ooiomu'. ') -k~:s:.e ~~ Department Head's Signature City anager's Signature Assistant to City Manager _~ Public Warks -".- . . "- - Department Name City Attorney! Finance - - - 1 ORDINANCE NO. ()8-: : J AN ORDINANCE OF THE CITY COMMISSION OF THE " CITY OF BOYNTON BEACH, FLORIDA, AMENDING -~ 4 I SECTION 10-30 OF THE CITY'S CODE OF ! ) ORDINANCES, GARBAGE, TRASH AND OFFENSIVE 6 CONDITIONS, ARTICLE II, REFl.lSE, GARBAGE AND 7 TRASH ALLOWING FOR RATE INCREASE: 8 PROVIDING FOR CONFLICTS, SEVERt\BILIT\, 9 CODIFICA TION AND AN EFFECTIVE DATE. 10 WHEREAS, as a result of increased labor and fuel costs the operational expenses fcn 11 the Solid Waste Commercial service is expected to rise for fiscal year 2008/09: and 12 WHEREAS, the City Commission finds the adoption of an ordinance allowing the 13 Public Works Director to annually adjust the container rental fee based upon changing 14 purchase prices of new containers and adjusting the Operating Charge for fiscal year 2008/09 15 from $3.51 per cubic yard to $4.00 per cubic yard is in the best interest of the health. safet). 16 and welfare of the citizens and residents of the City of Boynton Beach. 17 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 18 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 19 Section 1. Each "Whereas" clause set forth above is true and correct and 20 incorporated herein by this reference. 21 Section 2. Section 10-30. Rates and charges for City service of Part II. Chapter 10. n Garbage. Trash and Offensive Conditions. Article 11. Refuse. Garbage and Trash. is amended )" s follows: -j 24 ARTICLE II. REFl.lSE, GARBAGE AND TRASH 25 ... 26 ec. 10-30. Rates and charges for City service. 27 The rates and charges for refuse collection service provided by the City shall be as follows: 28 (a) ('ommercial containerized. excluding multitami(r residential units. II 29 (I) Monthly commercial charges shall consist of a total of the following three (3, 30 terns: . Il'A\Ordlllances\Refusc. (iarbage and Trash(rate increaSe) doc . I. , I: I 1 a. Container ren~al charge /\ monthly flat fee to cover the cost of the container by ~ . 2 size as follO'.\s: 3 2003/2004 Rates 4 :2 cu. yd. container $20.00 per month 5 3 C'.l yd. container 25.00 per month 6 'I Cl:. yd. container 30.00 per month 7 6 cu. yd. container 35.00 per month 8 8 cu. yd. container '10.00 per month 9 a. Rental charge - The charge assessed to account for expenses related to 10 the provision of commercial refuse containers. The Public Works Director shall 11 annually adjust these feesthe container rental fee based upon changing purchasemarket 12 prices of new containers. 13 b. Disposal charge-A fixed disposal charge as set and modified from time to 14 time by the Palm Beach County Solid Waste Authority. This price shall be passed on 15 to the customer directly. 16 c. Operating charge-A fixed charge per cubic yard to cover all other labor 17 and equipment hauling expenses and charges of the Solid Waste Department. The rate 18 in ~2008-09 will be fixed at tffi:eefour dollars ($3.00)($4.00) per cubic yard and 19 willshall be increased four percent (1 %) annually thereafter based upon changes to 20 operating expenses at the discretion of the Public Works Director at the beginning of 21 each fiscal year, or as otherwise provided by the City Commission. 22 (2) Partial monthly service will be charged on a prorated basis, based on the rates in 23 subsection (1 a.) above. 24 (3) Mechanical compressed or compactor refuse shall have the disposal rate computed 25 at a three-to-one (3: 1) ratio of the disposal rates set forth in subsection (1 b.) above. Containers 26 with compactors shall be furnished by the owner, therefore, no rental cost shall be charged. 27 28 Section 3. Each and every other provision of Chapter 10, not herein specifically 29 amended shall remain in full force and effect as previously enacted. 30 Section 4. All ordinances or parts of ordinances in conflict herewith be and the Ie A IOrdmances\Refuse, Garbage and Trash(rate increase). doc .2. 1 same are hereby repealed. , Section 5. Should any section or provision of this ordinance or portion herl~'ul. ill1\ - i '" I paragraph. sentence or \vord be declared by a cOUl1 of competent jurisdiction to be lJJ\ alid. J I ! 4 i such decision shall not affect the remainder of this ordinance. ! I 5 I Section 6. Authority is hereby granted to codify said ordinance. I I I 6 I Section 7. This ordinance shall become effective immediately upon its passage i 7 I and adoption. 8 II FIRST READING this ~'j day of 1'J ( \t e _~I'\ t>c.t :wmL 9 10 SECOND, FINAL READING AND PASSAGE this da\ ut' 11 .2008. ~----~---- 12 CITY OF BOYNTON BEACH. FLORID.'''- 13 14 -~---.-._- ----".~- - 15 Mayor ~ Jerry Taylor 16 I 17 --.- ~--_.------ -'-~"-~----~- 18 Vice Mayor- Jose Rodriguez 19 20 __.___~___~___' . ___._.___ ___._.~_m 21 Commissioner ~ Ronald Weiland '1 ," --, -----_.~._-_.- - --_._"-~-"'--- - --- ---- 24 Commissioner - Woodrow L H.ay ,,- ..:.) 26 -~-- --.- --- ~-"---- -_.-~-"- .__._-----~._- 27 Commissioner - Marlene Ross 28 TrEST: 29 30 31 "" Janet M. Prainito. CMC -,- 33 ity Clerk 34 35 36 CORPORA, TE SEAL) 37 i I "^ ,Uo" """'0; 'R or"". G ",h'g' '" dT,~", "" "''' "", d,,, ., . I! DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 08-081 TO: Jeffrey livergood, Director Public Works THRU: Christine Roberts, Assistant Director of Public Works GfZ FROM: Larry Quinn. Solid Waste Manag@ DATE: October 15, 2008 SUBJECT: Operational Increase - Commercial Service/Commercial Recycling The Solid Waste Division provides commercial service to the City of Boynton Beach. Our commercial rate is composed of three primary elements as listed below: 1. Rental - We provide garbage containers to commercial businesses therefore the rental fee covers the cost for replacement containers 2. Disposal - This is the tipping fee that is charged by the Solid Waste Authority when the container is emptied 3. Operating _ This fee covers labor & benefits, maintenance and fuel. It is this portion of commercial revenue that is the subject of this proposed rate increase Increased labor and fuel costs have caused our operational expenses to rise 14% for budget year 2008-09. Code currently allows us to increase our front load commercial and commercial recycling operating revenues by 4% annually. A 4% increase this year is not sufficient to cover our increasing costs and I am requesting that the operational portion of our current rates be increased by 14% to cover our cost of doing business. I have attached charts showing our current 2008-09 operational charges compared to that of Delray Beach and District 5 of the Palm Beach County rates which is the district west of Boynton Beach. When you compare our proposed rates vs. the new 2008-09 rates for the aforementioned, you will see that our rates are still well below what is being charged elsewhere. We attribute this to our efforts towards efficient use of fleet and staff. A chart of the proposed commercial rates is attached. Chart One 2007-08 2008-09 Labor and Benefits $3,145,767 Labor and Benefits $3,520,091 Operating Expenses - Operating Expenses - DisDosal 1,616,304 DisDosal 1,908,716 $4,762,071 $5,428,807 14% Chart Two Operating CostlYd 2008. 09 Delrav 5.50 District 5 (CountY) 5.69 Bovnton Beach 4.00 LQ:jam Copy: PW Files C.arbagc. Trash and OffcnsiH' (ondition', i ,Von-intofercncc. It shall be unlawful - ~-~----. (1.:1 Deleted: " cc i'!l!;JI"'" 'or any person to interfere with any employee of month 11e City \vhile in the performance of their duties Deleted: 2 cu \1' :-';'lltalTlCr-12!.1 month I as authorized by this chapter. a. Rental charge - The charge assesses to" Deleted: ~ ('u vd ,i'n1aJJ\("r :' ~ 11', account for expenses related to the provision of month (Ord. No. 82-29. ~ 1. 9-21-82: Ord. No. 04- commercial refuse containers. The Public Works Deleted: 4 cc ".Wl.1n(,"" ~(I 030. ~ 2. 5-18-04) Director shall annually acUustTthe ccmtainc:r mOl]I~ -"----- ---~,_.._._--_.- rental fee based upon changing.,maTke.\ prices of ---_..-.-.._....._~-_...- Deleted: ,; cu " r 'nl;~lI\t; l",}f'r-,," Editor's note-Subsection 1 0-26(h), relative to new containers. month '".~"=-=", the disposal of construction or industrial wastes. . Formatted: Indent "Irst line: O.C" """'-""- had been deleted as being duplicative off 10-30. b. Disposal charge-A fixed disposal Deleted: these tee: charge as set and modified from time to time by - -.===--==,,-. Deleted: pUTcha.sj~ Sec. 10-28. Reserved. the Palm Beach County Solid Waste Authority. -.-"--- This price shall be passed on \0 the customer Editor's note-Provisions designated f 10-28. directly and enumerating certain violations, have been deleted by the editor as being duplicative of f c. Operating charge-A fixed charge 10-31. per cubic yard to cover all other labor and equipment hauling expenses and charges of the Sec. 10-29. Purpose of rates and charges. Solid Waste Department The rate inT2008-09 i Deleted: 2004 will be fixed atT four ~()I]Clr~..f$4.00) {leI _c\ll:>ic _ _ _. . l Deleted: three The rates and charges herein set forth are yard and T ~h~LJ _b~ j~C!c:'!.s~~..a!l~lI:ulIly_tb~r~,!f!eI _ Deleted: ($3.001 imposed to provide revenue for the purpose of based upon changes to operating expenses at the Deleted: will paying the costs of the operation and discretion of the Public Works Director at the Deleted: four maintenance of the refuse collection and disposal beginning of each fiscal year. or as otherwise l Deleted: percent 140'01 system of the City and extensions thereof and provided by the City Commission. --_...,,-_._~-~--- - replacements thereto and for any other lawful purpose as so determined by the City (2) Partial monthly service wiI! be Commission. charged on a prorated basis. based on the rates in subsection (1 a.) above. (Ord. No. 82-29, S 1,9-21-82; Ord. No. 94-28, S 3,9-9-94; Ord. No. 04-030, S 2,5-18-04) (3) Mechanical compressed or compactor refuse shall have the disposal rate Sec. 10-30. Rates and charges for City computed at a three-to-one (3:1) ratio of the service. disposal rates set forth in subsection (l b.) above. Containers with compactors shaI! be furnished The rates and charges for refuse collection by the owner. therefore. no rental cost shall be service provided by the City shall be as follows: charged. (a) Commercial containerized, excluding mult(familv residential units: (I) Monthly commercial charges shall consist of a total of the following three (3) items: ~--------- Deleted: a. Contamer rental charge- A. monthly flat fee to cover the cost oftht I container by size as follows:~ T T. Deleted: 2003/2004 Rates . ------~~----..- 2005 5-23 XII. - LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 19,2008 August 4,2008 (Noon) D October 21,2008 October 6, 2008 (Noon) D September 2, 2008 August 18, 2008 (Noon) D November 5, 2008 October 20, 2008 (Noon) D September 18, 2008 September 2, 2008 (Noon) [gI November 18,2008 November 3, 2008 (Noon) D October 7, 2008 September IS, 2008 (Noon) D December 2, 2008 November 17, 2008 (Noon) ~? o ~:::; CD --c: D Announcements/Presentations D City Manager's Report 0 ~G'.1 NATURE OF D Administrative D New Business ~ p; AGENDA ITEM D Consent Agenda [gI Legal ~ ~..~ D Code Compliance & Legal Settlements D Unfinished Business ==- ~.~ :::x 0 D Public Hearing D ~ Oi.~ .&:'" " C8 ~ RECOMMENDATION: Please place this request on the November 18th City Commission Agenda under Legal, ::z: Ordinances-First Reading. Staff recommends that the proposed amendments to existing Chapter 20, Part III of the Land Development Regulations be approved in connection with, in part, the Community Rating System program (CRS), recent updates to the Florida Building Code, and the proposed changes to and relocation of the minimum property maintenance requirements for the City. For further details pertaining to this request, see attached Department Memorandum No. 08-091. EXPLANATION: The subject interim amendments involve Chapter 20 of the existing Land Development Regulations (Buildings, Housing and Construction General), which consist of the following topics: building security code, electrical code, energy efficiency, flood prevention, housing, swimming pools and spas, workforce housing, and historic preservation. The proposed amendments are intended to 1) enhance and relocate the property maintenance requirements (proposed for Chapter 10 of Part II, City Code of Ordinances); 2) amend theflood damage prevention requirements and 3) maintain consistency with corresponding updates to the Florida Building Code and eliminate redundancy with same. With the exception of a minor "house-cleaning" insertion into the workforce housing section, the remaining sections of Chapter 20 remain unchanged at this time, but may undergo substantial updating as part of a future LDR-rewrite deliverable. It should be emphasized that the timing of these interim amendments to Chapter 20 is driven primarily in connection with the preparation for the upcoming 5-year recertification process of the Community Rating System. PROGRAM IMPACT: Continued enhancement of applicable regulations could ultimately improve the City's CRS rating and lower insurance rates for residents. N~ ~ ot adopt propo"d mnendments 0' adopt mth changos. ~ City anager's Signature Assistant to City Manager ~ Zd2: L/ Plannrng and ZO~irector City Attorney / Finance S:\Planning\Zoning Code Update\LDR Rewrite\Agenda Requests\Ch 20 Interim Amendments - 11-20-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT Memorandum PZ 08-091 TO: Kurt Bressner City Manager THRU: Quintus Greene Director of D1Pent FROM: Mike Rumpf , , Director of Planning & Zoning DATE: October 24, 2008 RE: Chapter 20 - Buildings, Housing, and Construction Regulations LOR Rewrite - Interim amendment to regulations INTRODUCTION Chapter 20 of the existing LDR (Building, Housing, and Construction Genera!) is currently comprised of the following topics: building security code, electrical code, energy efficiency, flood prevention, housing, swimming pools and spas, workforce housing program, and historic perseveration. However, the chapter is in the process of being revised due to 1) enhance and relocate the property maintenance requirements (proposed to Chapter 10 of Part II City Code of Ordinances); and 2) amend the flood damage prevention requirements, and 3) maintain consistency with the updates to the Florida Building Code (FBC). PROPOSED AMENDMENTS The property maintenance requirements are regulations that provide minimum standards for the upkeep of all vacant and developed property in the city. These regulations are intended to place greater emphasis on non-residential and vacant properties, as well as generally increase the acceptable quality standards of all existing lighting, ventilation, plumbing, mechanical, and electrical improvements. These proposed enhancements will also estabiish new and updated regulations for life safety matters including minimum requirements for emergency escape openings, means of egress, and fire protection systems. It should be noted that all new developments and renovations to existing buildings must still comply with the FBC, which the new property maintenance regulations would compliment. The City Commission tabled their review of the proposed ordinance until the November 5, 2008 City Commission meeting, in part, to allow additional time for staff to evaluate and assess the extent of new regulations and associated costs. 1 The flood damage prevention regulations include standards which address flood hazard reduction, areas of special flood hazard, and areas of shallow flooding (AO zones). Having flood prevention provisions is important to the City because they provide minimum life safety standards for existing and new development. Furthermore, such provisions also affect the insurance premiums given the City participation in the National Flood Insurance Program's (NFIP) Community Rating System (CRS), which is a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed NFIP requirements. In addition to the Property Maintenance Requirements and Flood Damage Prevention regulations, the amendments proposed to Chapter 20 are summarized as follows: . Omit Section 2 of Article I as the certificate of treatment of termites is now covered by Chapter 1 of the FBC-Building and Chapter 3 of the FBC-Residential; . Omit Section 5 of Article I as accessibility requirements are covered in depth by Chapter 11 of the FBC-Building; . Omit Section 7 of Article I as soil test requirements are now covered by Chapter 18 of the FBC-Building and Chapter 4 of the FBC-Residential; . Omit Article V as the Energy Efficiency Code is now replaced by Chapter 13 of the FBC-Building and will soon (March, 2009) include the International Energy Conservation Code (ICC) when adopted by the State of Florida; . Omit Section 4(B) of Article I, Interim Services Fee, as it is not enforceable under current law; and . Omit Article IX as Swimming Pools and Spas are now addressed by Section 424 of the FBC-Building and Chapter 41 of the FBC-Residential. SUMMARY / RECOMMENDATION The attached work product reflects a collaborative effort on the part of the Department of Development (both the Planning & Zoning Division and the Building Division), Code Compliance, Public Works, and the City Attorney's office. The remaining existing sections of Chapter 20 (i.e. workforce housing, State Housing Initiative Program (SHIP), and historic preservation) remain unchanged at this time, but may undergo substantial updating as part of a future LDR-rewrite deliverable. It should be noted that the timing of these interim amendments is driven primarily in connection with the preparation for the upcoming five (5)-year recertification process of the CRS. Staff proposes the subject amendments for the various reasons explained in this memorandum. MR:EJ Attachments S:\Planning\Zoning Code Update\LDR RewritelStaff Reports\Chapter 20.doc 2 Chapter :OI' BULDI:"IGS. HOUSING AND CONSTRl1CTIOl\ REGULA nONS Article 1. General J\rticle II. Reserved Electrical Code Article III. Reserved Article IV. Reserved imicle V Reserved Energy Efficiency Code Article VI. Reserved imicle VII. Flood Damage Prevention Article VIII. Local Housing Assistance Program Housing .Article IX. Reserved S';;imming Pools and Spas .Article X. Workforce Housing Program A.nicle XI. Reserved Article XII Reserved Article XIII. Historic Preservation ARTICLE 1. II'.' GENERAL Section 1. Penalties. Any person convicted of the violation of any of the terms or provisions of this chapter _________n.--. I or any code or standards adopted hereby shall be subiect to the penalties,as provided by Deleted: punished Section 1-6 of the Citv of Bovnton Beach Code of Ordinances. If any person commences any work on a building. structure, plumbing, mechanical or gas system before obtaining the necessary permit he shall be subject to a penalty of four (4) times the established -_. - -.-.. ._-_._-~ permit fee. The ,Q~~ct()~. ~f J2i:?~~l~p.l1l.e~~.II1~Y .a!!o.~. a<<~~i:,:,.~~. <:Jf~.~p'e~9-1tY.f~e,. ir1 V~' ho Ie I Deleted: d or in part, when such waiver is supported bv the circumstances that applv to the specific 1. Deleted: d instance of imposing a penalty fee. and does not violate the best interests of the city. ---_. --_._--- I . Deleted: ._-~,- Section 2. .Reserved. Certifieat-c af treatmeBt far termites. Before any slab inspection is performed by the development depanment forthe continued construCUOII Beforc any slab inspection is performed by the de'/olopment department for the of any improvements on any property in continued construction of uny improvements on any property in the city, the owner of ' the city~ the owner of said property or nls i contractor shall furnish a certificate from said property or his oontractor shall furnish a oertificate :from a city licensed exterminator a city licensed extenninator that the soil that the soil has beer; treated for termites. bas been.treated for termites. ------ Formatted: Font: Bold Section 3. Minimum building and construction standards. I A. The Florida Building Code 2004, Gas, Mechanical and Plumbing Codes.. ---,--- Formatted: Normal, Justified, 2004 Edition, and the .2005 National Electrical Code including future editions or Indent: First line: 0.5" " . .,. -. - .. - - - + - - - - - - - ~ - - - - - - .. - - . - - -.. - - - - - - - - - - - - + ~ - - - - ~ - - - - - - - - - - - - - Deleted: 2002 revisions as adopted by the city, are hereby adopted as the minimum Building Code for --_._--- the City of Boynton Beach. October] 4. 2008 1 I B. Chapter 1, Administration, as described in the Boynton Beach+-- 'u Formatted: Normal, Justified, Amendments, and is incorporated herein in the Florida Building Code 2004, Gas, Indent: First line: OS I Mechanical and Plumbing Codes, 2004 Edition, and the,2005}'.Jational Elec1!ica1.C()de: i Deleted: 2002 I I c. The City of Boynton Beach Administrative Amendments to the 2004+.------ Formatted: Normal, Justified, Florida Building Code, Plumbing, Mechanical, Gas and ,2()05 .Na!i()Il.a:!:EJec:1!i.c~t c:04eu . Indent: First line: OS I are incorporated in this document and made a part hereof, copies shall be maintained on "'.'1 Deleted: 2002 me in the Office of the City Clerk and shall be available to the public. D. All construction regulation fees as referenced or described in the above codes are subject to amendment by resolution by the City Commission. Current fee schedules shall be maintained on me in the Office of the City Clerk and shall be available, without charge, to the public. (Ord. No. 96-40, @S 1 - 3, S, 9-4-96; Ord. No. 99-16, @ 1 - 4, 6-1S-99; Ord. No. 02-047, S 1,9-3-02; Ord. No. OS-063, S 2, II-I-OS; Ord. No. 06-084, S 2, 10-17-06) Section 4. Fees. ^- ,F ~e.s .ass~ss~111~.!-?\'!l~e.qtv or13()~:n.t0fl. J3eCich J()r__t:h~.aclllli~~~t~~~~o~~.all~__. .1 Deleted: ] enforcement of the Florida Buildin~ Code and the Citv of Bovnton Beach Administrative Amendments to the Florida Bui1din~ Code. pursuant to this Chapter and F.S.S53.79. 553.80 & 166.222. shall be established bv the City Commission bv resolution from time to time. Building Division permit fees shall be based upon the valuation of buildings and svstems and shall represent the total rel)lacement value to include structural. electric. plumbing. mechanical. interior finish. normal buildin~ related site work (excavation and backfill for buildin~s). architectural and desi!!tl fees. overhead and profit: excluding onlv land value. Building valuation shall be based unon bona fide executed construction contracts. proprietarY builder documentation. or other nationallv recoL'Ilized construction cost analvsis service. which would include regional adjustments. such as the most current edition of R..S Means Construction Estimating Cost Data. A revision to a oermit shall not be issued until the additional fee. if any. due to an increase in estimated cost of the building. electrical. plumbing. gas. mechanical. landscanin~ or site develonment. has been paid. ^ Fees assessable by tBe City of Boynton Beach for tBe admiaistration and ,J.Jo.... enJ0rcement of the Florida Building Code and the City of Boynton Beaoh Administrative AmeBements to the Florida B1:lilciing Code, ~1:H's\:lant to this Cha~ter aDd F.S. H 553.79, 553.80 aDd 1 €i6.222, shall be established by the City Commission by resolution from time to time. B1:lilding Division permit fees shall be based upon the valuatioB of lmi1diB.;;s afld systems aDd seall represent tBe total reifllacement '/alue to inel1:lde struoRffal, electric, October 14, 2008 2 . ~ '" - ~ ~ " ., '" ",' -' . " . " ., .' . '" _. " .. ..- . "'- '" B. ~ " e I,.~ . . e . - ~ " -' '" , ". " \I " ~ . '" " " " '" ~ . . , e '" ,~ . " '" '" ~ october \4, :00\\ 3 Emunplc: A 22,565 square foot office building is isooed a certificate of occuprmo)' in December of rmy given year: 22,565 . 1,000 - 22.565 22.6 X $10.23 - $231.20 Interim services fee for fuis strlieture would be $231.20. 3. Procedure. EJecept durin,; the SuspefisioB Period set forth aeove, the dit-ector of dcvelopmeBt shall oolleot the interim services fee prior to the issuaBce of a eertifieate of oeoupancy ar certifioate of 0ompletioB by the development Geiflartment. 1. Distribution. EJteept during the Suspension Period set forth abo'/e, on a daily basis, the development department shall J?lnlmptly remit monies collected pursliant to this section to the eity finanoe direotor. 5. Eligibility for mlin:ieipal servioes. EXC:leiflt during the Saspension Period set forth above, no improvement shall be eligible for munioipal servioes lmless aR interim scrvioes fee has been paid. 6. Creation of trlist fund. The Iffianee Gireeter shall depesit all fim43 oolleeted into a non lapsing trust fund esmelishea and maintamed by the eit)'. The HSC of sacn fuads ',,,ill be restrioted cmd limited to eJ~penditures for l'lliblic safety, physioal environment (public works adm:ini5tration costs), maintenance and serviees for roaGs and streets, health (animal eORtrol), library 8:lid parks rmd recreation, whish are assoeiated ',vith the properties frClffi ',....men the fw'Ids ',J/ere eolleeted. The oity mafloger shall pro',ide the City Commission ','lith reeemm.endations for eJ,peliditures of these funds during the annaa1 bHdget process or frDm time to time as needed. Suoh e*pooditures ef funds shall be limited to a per-eeBtile of total fees collected for each of the services as identified herem. The City Commission by resolutiEJn ffil:1st appro'l6 all t:mpenditures from said trust fund upon determination that said expenditures are apflropriate. (Ord. No. 00-09, ~ 2,4-4-00; Ord. No. 05-069, ~ 2, 12-6-05; Ord. No. 08-002, ~ 2, 2-5- 08) Section 5. Reserved. ......eeessibility by BllBdieapped. All eonstruetioB must oOliform '.vith federal, state and oount)' aeeessibilit)' rules and regulations including, but not limited to, the Florida Accessibilit), Coae, January 1994 Edition. In addition, all int-erior doors in all dwelling un.its, hotel rooms and motel rooms on first floor only or floors servieed by elevators shall ha'le a minimum of t'Nenty nine (29) inches clear opening, (door of at least thirty t\''/0 (32) inches in \vidth) with the exoeption of stora.;e rooms afld elosets. October J 4, 2008 4 Section 6. Coastal building zone and code. ~."--- A. The coastal building zone for the Cll;. IS the land area from the seasona]~ Formatted: Norrr,al, JiEt",e: high-water line landward to a line one thousand five hundred i 1.500) feet landward from ]noen:' FIrst line: "-. ----._- -' .-. ,_.. - -~~-- the coastal consrruction control line as established pursuant to Section 16 U153. Florida Statutes. Development proj ects within this zone must utilize best management construction techniques for natural resource protection and must conform w the goab. objectives and policies of the comprehensive plan of the cir\'. Chapter B7. Coastal Management. B. The coastal consrruction code was adopted on August 19. 1986 and applies I to all construction within the coastal building zone. and ]s incoroorated herein b\' _._..-.._,_.._._~------ reference. orA. cOlw,oIlfI1e arrd availa~le for inspection in the offices of the city clerk and Deleted: It the director of development -.1 Deleted: is not set out at length herein. i but is --....- .. ------ (Ord. No. 96-60, ~ 1. 1-21-97) Section 7. Reserved. Sail tests. Viherc the bearing capacity of soil ]s not defmitely known. the director of development may require test or other adequate proof to establish permissible safe bearin.; capacity. Tests shall bc certified, signed and sealed by G Florida rc;istered engineer. cmd shall be submitted with the building permit application. (Ord. No. 96 60, ~ 2. 1 21 97) Section 8. Reserved. Building security code. A Title. This section may be lrnown and cited as "The City of Boynton Beach . ... Building Security Code" hereinafter referred to as the seeurity code. E. Rules of construction. For the purposes of administration und enforcement of this section, unless otherwisc stated in this section, the following rules of consrruction shall appl:,' to the text: L In case of any differeBee of meanil'l;; or implieation between the text of this section and any caption, illustration. summary table or illustrati';e table, the text shall controL '1 The \'lord "shall" is ahvays mandatory and not discretionary; the word "may" is permissive. ,., 'N ords used in the present tense shall include the future and 'Nords used in the singular wrober shall include the pluraL and the plural singular, unless the context clearly indicates the contrary. October J4. 200S 5 " " " " , , . " '" " '" ~ ~ ~4 . " ,,, . , ~. , '" , - " " " " . .' . , . , " " - , " ,,' - , , ,,' " . . '" ,,' " '" ~ ~ , '" '" '" '" '" , . . . . , , . . -. . '" '" '" . . '" C '" ~ A '" . >:' '" - - october V" 2008 6 >, ~ 1 ~ ," " '" '" - " ..- .' ~. - '" ~ - - 1 . - '" '" '" '" - "" ,. ,. '" , '" '" , .. . '" '" ~ -' ~ "" '" '" ~ ~ - ..- 1_ ( '">, -J '" '" e c ",' -' '1 :: ~ '" ~ october 14.100S ., I - . '" '" '" '" '" '" ~ -' ' , '" ~ '" "' "' - , , ~ ' . , "' " '" '" , , , " " " '" " '" '" october 14,2008 8 ~ ~ ~ , ~ - ~ - '" , ~,. -- '" '" '" ~ ~ '" ~ - '" '" '" '" '" eo - - eo e e e eo eo e - eo eo '" '" '" , ' '" -' e eo ~ ., . '" , ~ ,. eo e eo '" " eo p' '" p " - eo p e e' p' '" october \4.2008 9 e e e e ~ ~ e - - e e e ~ . ' '" '" to '" , , , - , - , ~ , ~ to , -' . . e e '" '" e ~ to to to " , e '" '" '" october \4, 200S 10 ~~ oJ' ~ ' ~ '" ~. ~ . f"l .~ - ~ ," - _ e .' {' .., '" " :: " " " 1 " " " ~ " - - . " '" I " . . " '" ~ . '" 7' e . " '" '" ~ " -' '" " . eo " ", - - e' ~ eo '" '" . . ~ ~' '" " eo '" ~ October 14. 200b l\ b. The stagin;; area mHst Be 'lisi'ale frem !if! accessiBle roadway tc aHo';,' effective J'loliee patrol. c. Lighting must ee provided to aHo'!: complete ';isiBility to the area. a. PaEiloek all sterage trailers !if!d park T;:ithiR sta;in; Mea. 2. Items that tmlst ee disctlssed durin;; a seourity sHrvey y;ith the crime prcT/eBtioR eureau: a. The establishmeat !!:Bd pI'O;ressive evaluation of a security bud;et. b. The proper posting of t1:l:e proflerty. c. The proper storage liBd markiB; of machiBery liBd tools. d. The methods of employee identificatiofl Bftd aotive site seourity methods. (Ord. No. 01 018, ~ 2, 1 701) ARTICLE II. RESERVED. ELECTRICAL CODE ^ The NatiOl.~al Electrioal Code, 1999 Edition, together '.vith the 1999 Boynton ~ ... Beach }.mendmeflts thereto, Me hereby adopted as the 1:uliform eleotrioal oode of the city. Eleetrioal perHJ.-it fees shall be as provided in article I, Seetion 1 of this ohapter. B. The amendments t<1 the National Electrioal Code, 1996 Edition, said amendmeBts being attached t<1 Ordinance No. 96 10, are hereby adopted liBd iRoorporated berein, afld replaoes SeetioR 90 10, Hi tbe National Electrical Code, 1996 Edition. C. }.ll eonstructioR reg1:llatioR fees as refereIieed or desoribed in this oode are subjeet to ameBdment by resolutioB by the City Commission. Current f~e schedules shall be maintained on file in the Office of the City Clerk and shall be available, without chm-ge, to the public. (Ora. No. 96 10, H 1, 2, 1, 5, 9 1 96; Ord. No. 00 15, ~ 1, 9 €i 00) ARTICLE III. RESERVED ARTICLE IV. RESERVED ARTICLE V. RESERVED ENERCY EFFICIENCY GQDE ARTICLE VI. RESERVED October 14, 2008 12 ARTICLE VII. FLOOD DAJ\tlAGE PRE\T'\TIO!\ ---- Section l. Generally. Formatted: Norma Justlilec "-.--.---------.---. Statutory authorization. The Legislature of the State of Florida has' ~----._--_.,--_.. -- A. Formatted: Norma:. Jus:lt!ec: authorized J~,?~!go.ve~.~~~l~!lits.to a~.oR!.~.egulations . design~d .to Rr()Illote. tl1e. p~~lic lnaent: First line: G.':" health, safety and general welfare of its citizenry. Therefore, the City Commission of Deleted: m ehaple, JOI. nfFlondc. Statute5 delegated tbe respnnsihili1:' tc' Boynton Beach, Florida. does ordain as set out herein. --,----.---..-----.-- ------- R Finding of fact The flood hazard areas of Boynton Beach, Florida, are subject to. ---~-~- 1. Formatted: Norma!, justified. periodic inundation which results in loss of life and property; health and safety lnoent: Left: OS' ---..----.. -.. hazards; disruption of commerce and governmental services; exrraordinary public expenditures for flood protection and relief: and impairment of the tax base; all of which adversely affect the public health, safety and general welfare. 2. These flood losses are caused by the cumulative effect of obstructions. i Formatted: Normal, Justified, --~_.. in floodplains causing increases in flood heights and velocities, and by the i Indent: Left: OS occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, J1o()d t)j'(I(lfed or otherwise Deleted: floodprooieo -~~_.- unprotected from flood damages. I C Purpose. It is the purpose of this article to promote the public health, safety. Formatted: Norma!, Justified, and general welfare and to minimize public and private losses due to flood conditions in Indent: First Ime: 0.5" specific areas by provisions designed to: ! 1. Restrict or prohibit uses which are dangerous to health, safety and'. u i Formatted: Normal, Justified, property due to water or erosion hazards, or which result in damaging increases in I Indent: Left: OS', First Ime: 0.5" erosion or in flood heights or velocities; ') Require that uses vulnerable to floods, including facilities which~ Formatted: Normal, Justified, serve such uses, be protected against flood damage at the time of initial Indent: Left: OS', First line: 0.5" "------ .~_._- construction; I ~ Control t.lJe alteration of natural floodplains, stream channels and~ . I Formatted: Norma!, Justiflec, natural protective barriers which are involved in the accommodation of flood Indent: Left: OS', First Ime: OS' waters; -----~ 4. Control filling, grading, dredging and other development which may. I Formatted: Normal, Justified, increase erosion or flood damage: and, : Indent: Left: 0 S', First line: 0 S' ------~.-~_._..- 5. Prevent or regulate the construction of flood barriers which will' . Formatted: Normal, Justified, unnaturally divert flood waters or which may increase flood hazards to other Indent: Left: OS', First Ime: OS' lands. October 14. 2008 13 I D. Objectives. The objectives of this article are: . -- n . -. 1 Formatted: Normal, Justified, Indent: First line: 0.5" I 1. To protect human life and health; +-. --.' Formatted: Normal, Justified, Indent: Left: OS, First line: OS I 2. To minimize expenditure of public money for costly flood-control.'-----' Formatted: Normal, Justified, projects; Indent: Left: 0.5", First line: 0.5" I 3. To minimize the need for rescue and relief efforts associated with+-----1 Formatted: Normal, Justified, flooding and generally undertaken at the expense of the general public; Indent: Left: OS, First line: OS I 4. To minimize prolonged business interruptions; ...--.-.. Formatted: Normal, Justified, Indent: Left: 0.5', First line: OS I 5. To minimize damage to public facilities and utilities such as water----.--. Formatted: Normal, Justified, and gas mains, electric, telephone and sewer lines, streets and bridges located in Indent: Left: OS, First line: OS floodplains; I 6. To help maintain a stable tax base by providing for the sound use and- ----.-- Formatted: Normal, Justified, development of flood-prone areas in such a manner as to minimize future flood- Indent: Left: 0.5', First line: OS blight areas; and, I 7. To insure that potential homebuyers are notified that property is in a4'------ Formatted: Normal, Justified, flood area. Indent: Left: OS, First line: 0.5" I E. Terms. Words or phrases used in this article shall have the meaning they+--' --. Formatted: Normal, Justified, have in common usage and to give this article its most reasonable application. Indent: First line: 0.5' I Area of shallow flooding - a designated AO or VO zone on a community's flood...----u. Formatted: Normal,Justified, insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet where a Indent: First line: 0.5" clearly defmed channel does not exist, where the path of flooding is unpredictable and indetenninate, and where velocity flow may be evident. I Area of special flood hazard - land in the floodplain subject to a one (1) per cent- --. --- Formatted: Normal, Justified, or greater chance of flooding in any given year. Indent: First line: OS I Base flood - a flood having a one (1) per cent chance of being ,e:a~<1J_e~__()~------- Formatted: Normal, Justified, exceeded in any given year. . Indent: First line: 0.5" I "1 Deleted: equalled I Breakaway wall - a wall that is not part of the structural support of the building+-----' Formatted: Normal, Justified, and is intended to collapse without causing damage to the elevated portion of the building Indent: First line: 0.5" or the foundation system. I Coastal high hazard area - the area subject to high velocity waters caused by, but...------. Formatted: Normal, Justified, not limited to, hurricane wave wash or tsunamis. The area is designated in a FIRM as Indent: First line: OS zone VI-3D, VE or V. October] 4, 2008 14 Flood or .flouding - a general and temporar;. (;UncilllOn cd pamal . \] (;Omplel(,"- Formatted: Norrle. inundation of normally dry land areas from the overi1o\', of mland or tidal waters or Ih:c Incen:" FIrs: 11r17.' .---.-.. unusual and rapid accumulation of runoff of surface waters from any sour~,: Flood hazard boundary map (FHBMi - an offlcml map of a community issued b;- _..._._.,----~_. Formatted: Normal justiflPG the Federal Emergency Management Agency where the boundaries of the areas of special lnaent: First line: r _..._-~---_._.__._---_..... flood hazard have been defmed. I Flood insurance rate map (FIRM) - an official map of a community on which the-p _.._----~-_.._- I Formatted: Norma:. justified Federal Emergency Management Agency has delineated both the areas of special flood Indent: First line: c;.~' hazard and the risk premium zones applicable to the community. I Flood insurance study - the official report provided by the Federal Emergency+ -~ I ; Formatted: Normal,. justified, Management Agency which contains flood profiles. flood boundar;.'-floodway map and i Indent: First line: O,.s" ---- ---.------- water surface elevation of the base flood. Floodway - the channel of a watercourse and the adjacent land areas that must be- Formatted: Normal, justified reserved in order to discharge the base flood without cumulatively increasing the water Indent: First line: OS' surface elevation more than one (1 ) foot Functionally dependent facility - a facility which cannot be used for its intended- ,d . Formatted: Normal, justified, purpose unless it is located or carried out in close proximity to water. such as a docking Indent: First line: 0 S' - ---.-- or port facility necessary for the loading and unloading of cargo or passengers. shipbuilding, ship repair or seafood processing. The term does not include long-term storage, manufacture, sales or service facilities. I Mangrove stand - an assemblage of trees which contain one or more of the- 1 Formatted: Normal, justified, following species: black mangrove, red mangrove, white mangrove and buttonwood. ' Indent: First line: OS' - -_._,.__.._~ I Mean sea level - the average elevation of the sea for all stages of the tide. The- " Formatted: Normal, justified, term is synonymous with national geodetic vertical datum (NGVD). Indent: First Irne: C.S" ----. ~ . - - ---. - National geodetic vertical datum (NGVD) - a vertical control used for establishing- Formatted: Normal, justified. varying elevations within the floodplain. Indent: First line: 0 S .. . --~ Ne11' construction - structures for which the "start of construction" commenced on- . I Formatted: Normal, justified, or after the effective date of this article. ' Indent: First line: 0.5" I Sand dunes - naturally occurring accumulations of sand in ridges or mounds- ! Formatted: Normal, j~~ifl~--' landward of the beach. ' Indent: FIrst line: C S' ---_._------~--- I F. Application. This article applies to all areas of special flood hazard within. -- -.----...--- .; Formatted: Normal. justified, the jurisdiction of Boynton Beach, Florida. Those areas are identified by the Federal : Indent: First line: C .5" -~------_.~~------- - Emergency Management Agency in its Flood Insurance Rate Map (FIRM) 1201960001- 0005, dated September 30, 1982, and any revisions thereto are adopted by reference and declared to be a part of this article. October 14. 2008 15 I G. Develepment permit. A development permit is .[equireci prier to. the:'- Deleted: R cammencement .of any develepment activities. Fonnatted: Normal, Justified, Indent: First line: OS I H. Campliance. No structure .or land shall hereafter be lecated, extended,+-----. Fonnatted: Normal, Justified, canverted .or structurally altered with .out full campliance with the terms .of this article and Indent: First line: OS other applicable regulatians. I 1. Abrogatien and greater restrictians. This article is not intended to repeal,+.-----. Fonnatted: Normal, Justified, abrogate or impair any existing easements, cevenants or deed restrictions. Hewever, Indent: First line: OS where this article and anether conflict or .overlap, whichever impeses the more stringent restrictians shall prevail. I J. Interpretatien. In the interpretation and applicatien .of this article all----.--. Formatted: Normal, Justified, previsiens shall be: Indent: First line: OS I l. Censidered as minimum requirements; . . - -- -- - Fonnatted: Normal, Justified, Indent: Left: OS, First line: OS I 2. Liberally construed in faver .of the governing bedy; and +-.-.--.1 Formatted: Normal, Justified, Indent: Left: 0.5', First line: OS I 3. Deemed neither te limit ner repeal any ether pewers granted under-------. Formatted: Normal, Justified, state statutes. Indent: Left: OS, First line: 0.5" I K. Warning and disclaimer. The degree of fleed protectien required by this+-- ---- Fonnatted: Normal, Justified, article is censidered reasenable fer regulatery purpeses and is based en scientific and Indent: First line: OS engineering censideratiens. Larger fleeds can and will .occur. Fleed heights may be increased by man-made .or natural causes. This article does net imply that land .outside the areas .of special fleed hazard .or uses permitted within such areas will be free frem fleeding .or fleed damages. This article shall nat create liability en the part .of Beyntan Beach, Flarida, .or by any .officer or empleyee thereef far any flead damages that result from reliance en this article .or any administrative decisien lawfully made thereunder. I L. Penalties fer vielatien. Violatien .of the previsions .of this article or failure to< ---. - - -- Fonnatted: Normal, Justified, comply with any of its requirements, including vielation of cenditions and safeguards Indent: First line: 0.5" established in cennectien with grants .of variance .or special exceptiens, shall censtitute a misdemeaner. Any persen whe vielates this article .or fails te cemply with any .of its requirements shall, upen cenvictien thereef, be fmed net mere than five hundred dellars ($500.00) .or imprisened fer net more than sixty (60) days, .or beth, and in addition shall pay all cests and expenses invelved in the case. Each day such vielatien centinues shall be censidered a separate .offense. Nething herein centained shall prevent the City .of Beyntan Beach frem taking such other lawful actian as is necessary ta prevent .or remedy any vielatien. I Section 2. Administration. +--.----, Fonnatb!d: Normal, Justified J October 14, 2008 16 A. Administrator. The director 0: development 1 ~; bereb\ appomtee: [; admmister and implement the provisions of this amcle B. Duties and responsibilities of the administrator -~-'------'-'-_.~_.__._- Duties "f the administrator- Formatted: Norma uS;Y;':',': or his designee shall include. but not be limited to: In:Jen~: First line -- - -.---..------ -,~--~-- l. Review all development penm ts to assure that the permn" Formatted: Norma:. Justified, requirements of this anicle have been satisfied. Indent: Left: OS', ~!rst Ime. C.O' ') Advise permittee that additional federal or state permits may be- --..- --.---..-.---.------" -. Formatted: Norma:, Justifier:, required. and if specific federal or state permits are known, require that copies of Inden~: Left: OS. First ilne: C.o' ---~----.-------~._- such permits be provided and maintained on file with the development permit. I 3. Notify adjacent communities and the state depanment of community" -------.-- I Formatted: Normal, Justified, affairs prior to any alteration or relocation of a watercourse. and submit evidence Indent: Left: OS', Fiest line: CS' ~ - ~-_._.. of such notification to the Federal Emergency Management Agency. I 4. Assure that maintenance is provided within the altered or relocated. Formatted: Normal, Justifier:, portion of said watercourse so that the flood-carrying capacity is not diminished. Inden~: Left: OS', First Irne: OS .- ---.---.. 5. Verify and record the actual elevation (in relation to mean sea level). . - ! Formatted: Normal, Justified, of the lowest floor (including basement) of all new or substantially improved : Indent: Left: 0.5", F!fst line: 0.5" - - -- ---.- structures. in accordance with paragraph C. 6. Verify and record the actual elevation (in relation to mean sea level).-- Formatted: NOlTTlal, Justified, to which the new or substantially improved structures have been .flood nroofcd, in Indent: Left: oS', First lrne: OS accordance with paragraph C. Deleted: floodproofed 7. In coastal high hazard areas, certification shall be obtained from a.' . Formatted: Normal, Justified, registered professional engineer or architect that the structure is securely anchored Inden:: Left: OS'. Fiest Irne: OS ____ _n_._._._" to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. I 8. In coastal high hazard areas, the administrator shall obtain~ i Formatted: Normal, Justified, certification for the adequacy of breakaway walls in accordance with article VII. l Indent: Left: 0.5", First Ime: OS' Section 3.B.5.h. q When .Dood nfOOl111g is utilized fo.r.a. p<lrtic~l<lr structu~ezpthe+ 1 Formatted: Nonna!, Justified, administrator shall obtain certification from a registered professional engineer or ! Indent: Left: OS', Fiest line: OS' architect. . Deleted: floodproofing I 10. Where interpretation is needed as to the exact location of the+. . : Formatted: Normal. Justified, boundaries of the areas of special flood hazard (for example. where there appears ' Indent: Left: OS, First line: OS' --~. to be a conflict between a mapped boundary and actual field conditions), the administrator shall make the necessary interpretation. The person contesting the October 14. 2008 17 location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. I 11. \\Then base flood elevation data has not been provided in accordanc~--u-'i Formatted: Normal, Justified, j with article VII, Section 1.F, the administrator shall obtain, review and reasonably lIndent:Left: OS, First line: 0.5" utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of Section 3. The finished floor elevation of all habitable snace in new construction. not located in a flood zone. shall be elevated a minimum of t\ve]ve (I2l inches above the crown of any adiacell1 roaav,:av. I 12. All records pertammg to the provlslOns of this article shall b~--"u'j Formatted: Normal, JUstified, maintained in the department of development and shall be open for public I Indent: Left: OS, First line: 0.5" inspection. I c. Permitting. Application for a permit shall be made to the development+u .00' Formatted: Normal, Justified, department prior to any development activities. Application shall include, but not be Indent: First line: OS limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question to be developed; existing or proposed structures; fill; storage of materials; drainage facilities/location. Specifically, the following information is required: I 1. Elevation in relation to mean sea level of the proposed lowest floor+-"--' Formatted: Normal, Justified, (including basement) of all structures. Indent: Left: OS, First line: OS I 2. Elevation in relation to mean sea level to which any non-residential"-u, Formatted: Normal, Justified, structure will be ,flood oroofed. Indent: Left: OS, First line: 0.5" -. - - -. - - - - - - - - -. - - - - - - - - - - - - - - - - - - - - - -. - - - ~ - - - - -- - - - - - - - - - - - - -.. - - - - ~ - + ~ - - - - - - - - - - -". '1 Deleted: floodproofed I 3. Certification by a Florida registered engineer or architect that th~.-- --'lFormatted: Normal,Justified, structure meets theJlC!()d T?r()ofim!.~rit~ti~.i11.arti~!~.yrr,.~~~!~~.I?- ~:~}:m_uummm '. Indent: Left: OS, First line: OS' i . '1 Deleted:floodprooling I 4. Description of the extent to which any watercourse will be altered or+-- .h' Formatted: Normal, Justified, relocated as a result of proposed development. Indent: Left: OS, First line: OS I 5. A flood elevation or Jiood nroofilH! certification after the lowest floor+'<<' u' I Formatted: Normal, Justified, '1 is completed, or in instances where the'struchire--is"subje'ctUtouthe--re'guiliiions'.. Indent: Left: O.S', First line: OS applicable to coastal high hazard areas, after placement of the horizontal structural Deleted: floodproofmg 1 members of the lowest floor. Within twenty-one (21) calendar days of I establishment of the lowest floor elevation, or ,flood,nroofIngby .whatever, .1 Deleted: floodproofmg 1 construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, the pemit holder shall submit to the I development department a certification of the elevation of the lowest floor, f1o()d__ ~ Deleted: tloodproofed I oroofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, in relation to mean sea level. Said certification shall be prepared by or under the direct I supervision of a registered land surveyor or professional engineer. 'When J1C!od Deleted: floodproofing October 14. 2008 18 nr,.lullI1:..' l~ u lilized. certification shall be prepared bv (Ir under the dJf:::~1 supervision e\f a professional engineer or architect. t'cny work done wlthm th::: twenty-one-day calendar period and prior t(\ submissJon of the cerniication ~hall be at the permit holder's risk The development department shall re\'leW the flood elevation survey data submitted. Deficiencies detected by such reVJew shall b'c corrected by the permit holder immediately and prior 10 continuatIOn of the work Failure to submit the survey or failure te, make said corrections. shall cause issuance of a stop-work order for the project 6. A survey of mangrO\'e trees on site. ----- . Formatted: Normal, Justified, indent: Left: 0.5", Fiest lme: CS' I D. Variance procedures/appeals. .. Formatted: Normal, Justified, I Indent: First line: 0 S' 1. The building board of adjustment and appeals shall hear and decide- Formatted: Normal, Justified, appeals when it is alleged there is an error in any requirement decision or indent: Left: OS, First line: CS' determination made by the director of development in the enforcement or administration of this article. a, In passmg upon such appeals, the building board of. 1 Formatted: Normal, Justified, adjustment and appeals shall consider all technical evaluations, all relevant Indent: Left: 1", First line: OS factors, all standards specified in other sections of this article. and: I (1) The danger that materials may be swept onto other- . Formatted: Normal, Justified, I lands to the injury of others. indent: Left: 1.5", Fiest Ime: CS' ----.-.- (2) The danger to life and property due to flooding or-- Formatted: Normal, Justified, erosion damage. Indent: Left: IS, First lme: C.5" (3) The susceptibility of the proposed facility and its.' I Formatted: Normal, Justified, contents to flood damage and the effect of such damage on the indent: Left: 1.5" First Ime: CS' ---..---...- individual owner. (4) The importance of the services provided by th~ - l Formatted: Normal, Justified, proposed facility to the community. ' indent: Left: 1.5", F,'5t Ime: 0.5" (5) The necessity to the facility of a waterfront location,- Formatted: Normal, Justified, where applicable. Indent: Left: 1.5",' First line: C.5" .---.----- (6) The availability of alternative locations. not subject.. .----.,.. Formatted: Normal, Justified, to flooding or erosion damage. for the proposed use, indent: Left: :.5", First line: CS' ---- ---.--. (7) The compatibility of the proposed use with existing. j Formatted: Normal, Justified, and anticipated development. ; Indent: Left: :.5". FIrst line: C.5,. --.--.- October 14. 2008 ]9 I (8) The relationship of the proposed use to the+--..-- Formatted: Normal, Justified, comprehensive plan and floodplain management program for that Indent: Left: 1.5", First line: OS' area. I (9) The safety of access to the property in times of flood""u--i Formatted: Normal, Justified, for ordinary and emergency vehicles. Indent: Left: 1.5", First line: OS' I (10) The expected heights, velocity, duration, rate of rise+uu--' Formatted: Normal, Justified, and sediment transport of the flood waters and the effects of wave Indent: Left: IS, First line: OS action, if applicable, expected at the site. I (11) The costs of providing governmental services..------. Formatted: Normal,Justifled, I during and after flood conditions including maintenance and repair Indent: Left: IS, First line: OS of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. I b. Upon consideration of the factors listed above and the+'p'-- Formatt:ecl: Normal, Justified, purposes of this article, the building board of adjustment and appeals may Indent: Left: 1", First line: 0.5" attach such conditions to the granting of variances as it deems necessary to further the purposes of this anicle. I c. Variances shall not be issued within any designated floodway+'---u Formatt:ecl: Norma!, Justified, if any increase in flood levels during the base flood discharge would Indent: Left: 1", First line: 0.5" result. 2. The building board of adjustments and appeals shall hear and decide requests for variances from the requirements of this article. I a. Conditions for variances: ..__.ow Formatted: Normal, Justified, Indent: Left: 0.5", First line: 0.5" I (1) Variances shall only be issued upon a determination that the+' .u. Formatted: Normal, Justified, variance is the minimum necessary, considering the flood hazard, to afford Indent: Left: 1", First line: OS relief, and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. I b. Variances shall only be issued upon: ","pu_ Formatted: Normal, Justified, Indent: Left: OS, First line: OS' I (1) A showing of good and sufficient cause; "u --' -- Formatted: Normal, Justified, Indent: Left: 1", First line: 0.5" I (2) A determination that failure to grant the variance would"p,,, - Fonnatted:Normal, Justified, result in exceptional hardship to the applicant; and Indent: Left: J", First line: 0.5" I (3) A determination that the granting of a variance will not result...--.--- Formatted: Normal, Justified, in increased flood heights, additional threats to public safety, Indent: Left: 1", First line: 0.5" extraordinary public expense, create nUIsance, cause fraud on or October] 4, 2008 20 victImization of the publ1c. or confllc: with eXlstmg lo,:aJ lav:-:, ordinances. c. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased nsk resulting from the reduced lowest floor eleyation, 3. Any person aggrieved by the decision of the building board of.- : Formatted: Normal, Justified, adjustment and appeals or any taxpayer may appeal such decision to the circuit : Indent: Left: OS, First line: OS ---~~---- court as provided in Florida law. A Variances may be issued for the reconstruction, rehabilitation or "to restoration of srructures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. S. The director of development shall maintain the records of all. '1 Formatted: Normal, Justified, appeal actions and report any variances to the Federal Emergency Management : Indent: Left: OS', F"st ilne: 0.5" ~ _._~. ----- Agency upon request Section 3. Provisions for Flood Hazard Reduction. ---- . . Formatted: Normal, Justified A. In General. In all areas of special flood hazard the following provisions are- .. Formatted: Normal, Justified, required: Indent: First line: OS' -- 1. All neV\' construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. I ') Manufactured homes shall be anchored to prevent flotation..' 1 Formatted: Normal, Justified, collapse or lateral movement. Methods of anchoring may include, but are not ' Indent: Left: OS', First line: OS -_._-~-_. limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. ". All new construction and substantial improvements shall be- . i Formatted: Normal, Justified, constructed with materials and utility equipment resistant to flood damage. : Indent: Left: OS', First line: 0.5" ~ --.----.- 4. All construction substantial improvements shall be- -----.- new or - I Formatted: Normal, Justified, constructed by methods and practices that minimize flood damage. indent: Left: OS', First line: 0.:" ._--~._- ---.. ".-----.---- S. ElectricaL heating, ventilation. plumbing, air conditioning equipment.. 1 Formatted: Normal, Justified, and other service facilities shall be designed and/or located so as to prevent water : Indent: Left: 0.5", rlrst line: OS from entering or accumulating within the components during conditions of flooding. October J 4. 2008 21 I 6. All new and replacement water supply systems shall be designed t(}4-- '--1 Formatted: Normal, Justified, 'I minimize or eliminate infiltration of flood waters into the system. I Indent: Left: OS, First line: OS' J I 7. New and replacement sanitary sewage systems shall be designed to"u -- - 1 Formatted: Normal, Justified, minimize or eliminate infiltration of flood waters into the systems and discharges Indent: Left: OS, First line: OS' from the systems into flood waters. I 8. On-site waste disposal systems shall be located to avoid impairment+.----.1 Formatted: Normal, Justified, I to them or contamination from them during flooding. . Indent: Left: OS, First line: 0.5' I I 9. Any alteration, repair, reconstruction or improvements to a structure+-- u' Formatted: Normal, Justified, which are in compliance with the provision of this article, shall meet the lndent: Left: OS, First line: 0.5' requirements of "new construction" as contained in this article. I B. Standards for areas of special flood hazard. In all areas of special flood"'- .U' Formatted: Normal, Justified, hazard where base flood elevation data has been provided as set forth in Article VII the Indent: First line: OS following provisions are required: I 1. Residential construction. New construction or substantial"'-- u_ Formatted: Normal, Justified, improvement of any residential structure shall have the lowest floor, including Indent: Left: OS, First line: 0.5' basement, elevated to or above base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of article VII, Section 3.B.3. I 2. Non-residential construction. New construction or substantial..--.un Formatted: Normal, Justified, improvement of any commercial, industrial or other non-residential structure shall Indent: Left: OS, First line: 0.5' have the lowest floor, including basement, elevated to the level of the base flood I elevation. Structures located in all A-zones may be,floo~_tJr()ofed.i:ll}i~~.<?r1?~~g. . . 1 Deleted: floodproofed I elevated provided that all areas of the structure below the required elevation are watertight and with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided as set forth in Article VII, Section 2.C.3. I 3. Elevated buildings. New construction or substantial improvements of..------. Formatted: Normal, Justified, elevated buildings that include fully enclosed areas formed by foundation and Indent: Left: 0.5', First line: OS other exterior walls below the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. I (a) Designs for complying with this requirement must either be+------- Formatted: Normal, Justified, certified by a professional engineer or architect or meet the following Indent: Left: 1", First line: 0.5' minimum criteria: October 14, 2008 22 I 1 ) ProvIde a minimum of two (2 I openmgs havll1g a- -- ~- .~ Formatted: No,n;" n.;tllle:~ total net area of not less than one I 11 square inch fo:- every square inaent' Left: : .:' ;:"T' -..--..-------- foot of enclosed area subject w flooding: (2) The bottom of all openings shall be no higher than-' ------- Formatted: Norma'. Just,flec, one (1) foot above grade: and Inden~: Let::: 1.5", i=!"s- Ime: c,.:' --.--------..-.- "" (3) Openings may be equipped with screens. louvers..' ____._..___ ____._m_____~_.._." Formatted: Normae, Justified, valves or other coverings or devices provided they permit the Indent: Left: ".0", FI"st line. C.'C' "-'..------ automatic flov..' of floodwaters in both directions. (b) Electrical, plumbing and other utility -~--~_.....,- connectIons are-u . Formatted: Norma:, Justified, prohibited below the base flood elevation: Indent: Left: 1", Fl~St line: 0.5' --~--'----"--'-"'----- (c) Access to the enclosed area shall be the minimum necessary.' 1 Formatted: NOrmal,J~~ifl;~" to allow for parking of vehicles (garage door) or limited storage of I Indent: Left: I", First line: C.:" .------- maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator): and (d) The interior portion of such enclosed area shall not be-' Formatted: Normal, Justified, partitioned or finished into separate rooms. Indent: Left: I", First line: 0.:;" I 4. Floodways. The following provisions shall apply to floodways. --.------". I Formatted: Normal, Justified, within areas of special flood hazard established hereinbefore: ' Indent: Left: 0.5", First line: OS --------- (a) Prohibit encroachments including fill, new construction,. Formatted: Normal, Justified, substantial improvements, and other development unless certification Indent: Left: I", First line: OS --~-----'-"--- (with supporting technical data) by a Florida registered engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge_ (b) If Paragraph B.4.a is satisfied, all new construction and-. I Formatted: Normal, Justified, substantial improvements shall comply with all applicable flood hazard ! Indent: Left: I", First Ime: OS' ----.------ -- reduction provisions of Section 3. (c) Prohibit the placement of any manufactured homes (mobile-. Formatted: Normal, Justified, homes) except in an existing manufactured home (mobile home) park or Indent: Left: I", FI'st Ime: OS' ~-----'_._"--',"'- subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards and elevation standards outlined hereinbefore are met. 5. Coastal high hazard area (V zones). Located \vithin the areas oj:'" Formatted: Normal, Justified, special flood hazard established herein are areas designated as coastal high hazard Indent: Left: 0.5", Flrst line: OS -----.-------- areas. These areas have special flood hazards associated with wave wash: therefore, the following provisions shall apply: October 14, 2008 ,~ _.:J I (a) All buildings or structures shall be located landward of th~ uP u__ Formatted: Normal, Justified, reach of the mean high tide. Indent: Left: 1', First line: OS' I (b) All buildings or structures shall be elevated so that the+'--_u Formatted: Normal, Justified, lowest supporting member (excluding pilings or columns) is located no Indent: Left: I', First line: 0.5" lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water. Open lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action. I (c) All buildings or structures shall be securely anchored on+---.--- Formatted: Normal, Justified, pilings or columns. Indent: Left: 1" First line: 0.5' I (d) All pilings and columns and the attached structures shall be+p --. Formatted: Normal, Justified, anchored to resist flotation, collapse, and lateral movement due to the Indent: Left: I", First line: 0.5" effect of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values which equal or exceed the hundred-year mean recurrence interval (one {I} percent annual chance flood). I (e) A Florida registered engineer or architect shall certify that+-.--.. Formatted: Normal, Justified, the design, specifications and plans for construction are in compliance Indent: Left: 1", First line: 0.5' with the provisions contained in paragraph B.5.b, c and d. I (f) No fill shall be used as structural support. Non-compacted+'u-- Formatted: Normal,Justified, fill may be used around the perimeter of a building for Indent: Left: 1", First Ime: 0.5' landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects or wave deflection. The development department shall reVIew design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect and/or soil scientist, which demonstrates that the following factors have been fully considered: I (1) Particle composition of fill material does not have a+ u' __u Formatted: Normal, Justified, tendency for excessive natural compaction; and Indent: Left: 1.5', First line: 0.5' I (2) Volume and distribution of fill will not cause wav~'u ..-- Formatted: Normal, Justified, deflection to adjacent properties; and Indent: Left: 1.5", First line: 0.5" I (3) Slope of fill will not cause wave run-up or ramping. ....- - ~ - -- Formatted: Normal, Justified, Indent: Left: 1.5", First line: 0.5' I (g) There shall be no alteration of sand dunes or mangrove+u.---.l Formatted: Normal, Justified, stands which would increase potential flood damage. Indent: Left: I", First line: 0.5' October 14, 2008 24 Ini Lattice work or decorative screening shall be allowed beiow' ~ -.----.-.-- Formatted: Normd' lUSTier the base flood elevation provided they are not part of the structural support In8en: ~e~: :.. ;::,-;, of the building and are desih'11ed so as IC' breakaway. under abnormally high tides or wave action. without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: ]\<0 solid walls shall be allowed: and -~~--- (1) . '1 Formatted: Normal, justified, ! Indent: Left: 1.5", First line: OS' (2) Material shall consist of wood or mesh screening-- - i Formatted: Normal, Justiflec, onl:y. i Indent: Left: 1.5", Ftrst lme: 0.51' -_.__._-_.~-- (i) If aesthetic lattice works or screening are utilized. such- t Formatted: Normal. Justiflec, enclosed space shall not be used for human habitation. indent: Left: 1", FIrst line: OS' --------~-- (j) Prior to construction, plans for any structure that will have-- i Formatted: Normal, Justified, --.-... lattice work or decorative screening must be submitted to the development I Indent: Left: 1", First line: OS' ----.-----.-.--....---." department for review. I (k) Prohibit the placement of manufactured homes (mobile. ; Formatted: Normal, Justified, homes), except in an existing manufactured home (mobile home) park or ' Indent: Left: 1", First line: OS' subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring and elevation standards of this chapter are met. I (1) Any alteration, repair, reconstruction or improvement.. 1 Formatted: Normal, Justified, to a structure shall not enclose the space below the lowest floor ' Indent: Left: 1.5", First hne: D.5" -----_._.'0 except for lattice work or decorative screening. as provided for in paragraph B.6.h and i. C Standards for areas of shallow flooding (AO zones). Located within the-- -.---..-- I Formatted: Normal, Justified. areas of special flood hazard established in Section 1.F are areas designated as shallow Indent: First line: 0.5" flooding. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defmed channel does not exist and where the path of flooding is unpredictable and indeterminate: therefore. the following provisions apply: I (1) All new construction and substantial improvements of residential. 1 Formatted: Normal, Justified, structures shall have the lowest floor, including basement. elevated to the depth : indent: Left: 0.5", First line: 0.5" number specified on the flood insurance rate map, in feet. above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement. shall be elevated at least two (2) feet above the highest adjacent grade. r -- -.-------. .----- (2) All new construction and substantial improvements of non-- Formatted: Normal, justified, residential structures shall: indent: Left: OS, First Ime: OS' October 14. 2008 .-,- -) I (a) Have the lowest floor, including basement, elevated to the---- .u_ Formatted: Normal, Justified, depth number specified on the flood insurance rate map, in feet, above the Indent: Left: 1", First line: OS highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade, or I (b) Be completely pood Droofedtc:l. ()~ li~_oY~tl:1at)eveLscU:llat:,:--u... Formatted: Normal, Justified, any space below that level has watertight walls substantially impermeable' , Indent: Left: 1", First line: OS J to the passage of water; structural components having the capability of '1 Deleted: floodproofed resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and I utility and sanitary facilities completely flood nr()ofe~:....m_u_uuu..u__uu.u . j Deleted: floodproofed 1 I D. Standards for subdivision proposals. +u_____ Formatted: Normal, Justified, Indent: First line: OS I 1. All subdivision proposals shall be consistent with the need to+- .".. Formatted: Normal, Justified, minimize flood damage. Indent: Left: 0.5", First line: 0.5" I 2. All subdivision proposals shall have public utilities and facilities suc~------' Formatted: Normal, Justified, as sewer, gas, electrical and water systems located and constructed to minimize Indent: Left: OS, First line: OS flood damage. I 3. All subdivision proposals shall have adequate drainage provided to.''''''- Formatted: Normal,Justified, reduce exposure to flood hazards. Indent: Left: 0.5", First line: OS [ 4. Base flood elevation data shall be provided for subdivision proposals+----". Formatted: Normal, Justified, and other proposed development which contains more than fifty (50) lots or is Indent: Left: OS, First line: OS larger than five (5) acres. I E. Standards for small streams. Where small streams exist, but where no base+--_u-- Formatted: Normal, Justified, flood data has been provided or where no floodways have been provided, the following Indent: First line: 0.5" provisions apply: I 1. No encroachments, including fill material or structures, shall be+""'" Formatted: Normal, Justified, located within a distance of the stream bank equal to five (5) times the width of Indent: Left: OS, First line: OS the stream at the top of bank or twenty (20) feet on each side from top of bank, whichever is greater unless certification by a Florida registered engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. New construction or substantial improvements of structures shall be I elevated or ,floodnroofedin_ accordaIlce with elevatioIlsesta~lished in .ac;cordance. /t Deleted: floodproofed I with Section 2.B.II. ARTICLE VIII. LOCAL HOUSING ASSIST ANCE PROGRAM HOUSINC October] 4. 2008 26 ~ . . '" . .. V' ~ '" '" 1; ~ . v '" '" 0' o' ~ '" . o~ '" '" '" '" '" ",. t:>' - '" '" '" '" '" ~ '" ~ '" '" . . . . . . '" 0 '" . . '" '" ~ ~ '" '" '" october1A.200b '2.7 [~~~J?~~f~E?~;~ ~~,~~ ~:-::: ~6~~:r~t;$'~;.~;:~~%r~~:!:, ==:E7~~:E;;:::?E~~= :::::::;;, . ", . a:~~~[€~~~~~E~~ ~~~;,:~ ' ~,~~'~~S! ~~~ig~~E~~~?j~ =-G u:,:=:;~, ,," . :~Si~~~:=;~:::~:::::':~.~'~~ ;;""..re ~ :;:-~~.: Ie:: ,::0:::: :.;:, :: :""paac< 8:' ~:~, ' ' . ~,,"", fu~ iR~::;r",,":~; ~J:; =:~:~",:."::': : the eeeaflaBts or the flublie-:- October 14. 2008 28 ._---~ r - '" - , - ~ c . ~ - t , ' - -. =- =- e ~ =- . . . . -' ' . . . .c ~ e '" ~ '1 =- =- ~ :::- " <:> . - . =- , r '" =- <:> =' <:> '" ~ . . . r ~ :::- October 14. 2008 29 ., . -' ., , ." ~ , '" .., ",' ., - ~ ~ to ., ~ ., , " -' , to '" , .., . . . . , , '" to , ~ , , ., , :::>' , . :::> , ., ~ , October 14. 2008 30 ~ ,- '" '" . , , - ~ ~ '" ~ -. '" ~ ~ Of '" '" '" '" ~ '" '" C ~ "" ",' '" October 14. 200S 31 . _ c ~L~. _.O.~ ~or~; .... -~-.. . -~::: ~. 0 . , . ~ ~.fZ ~.~.''''l.-~ . '.. ~a."'~ "',............ c . ~ . . ~ c . ." . '" . October 14, 2008 32 .to.... The "WHEREAS" clauses of Ordinance ~u. OW'..l1 are hereby ratified an(j confirmed as being true and correct and are hereby made a special part of thi, section. B. Defmitions. For the purposes of this section. the definitions contained in the State Housing Initiatives Parmership Act hereinafter ..the Act." Sections 420.90-:' et seq.. Florida Statutes, and Chapter 91-37 of the Florida Administrative Code. as amended from time to time. are adopted herein by reference C Legislative intent_ The purpose of this chapter 1S 10 implement the Act: including, without the limitation, the following: 1. To increase the availability of affordable housing by combining local resources and cost saving measures, as applicable. and by using private and public resources to reduce the cost of housing: ') To promote more compact urban development, and to assist m achieving the growth management goals contained m the adopted local comprehensive plan by allowing more efficient use of land so as to provide housing units that are more affordable; , To establish a strong sense of community through increased social and economic integration; 4. To build the organizational and technical capacity of community- based organizations so as to optimize the role of community-based organizations in the production of affordable housing: S. To promote innovative design of eligible housing, and its supporting infrastrUcture, to provide for cost savings in the provision of such housing; and 6. To promote expedited permit processing systems for affordable housing. D. Establishment of Local Housing Assistance Program. 1. There is hereby created and established a local housing assistance program ("Program") by the City of Boynton Beach. to be implemented and administered by the City. ') The City shall implement the Program, within the City. consistently with the requirements of the Act , The City's Community Redevelopment Department shall be responsible for administration of the local assistance program. October 14. :W08 33 E. Special provisions. The City hereby indicates that five (5%) percent of the funding to be used for administration of the program is insufficient, and therefore elects to utilize ten (10%) percent of the funding for administration purposes. F. Establishment of Affordable Housing Assistance Trust Fund. 1. Pursuant to the requirements of the Act, the City agrees to establish an affordable housing 1rust fund ("Fund") within the official and fiscal accounting records of the City. All monies deposited in the fund shall be subject to the requirements of the Act and this section. 2. The City shall cause the Fund to be audited, and shall report the results of such audit as required by the Act. G. Creation of Citizens Advisory Committee. This section shall cause the creation of a Citizens Advisory Committee to act in the role of the Affordable Housing Advisory Committee, as required by the Act. The composition and function of the Committee shall be in accordance with the requirements of the Act H. Adoption of the Affordable Housing Incentive Plan. The City will, within one (1) year of adoption of Ordinance No. 97-11, adopt a Housing Incentive Plan as required by Florida Statutes. (Ord. No. 97-11, ~~ 1-8,5-6-97; Ord. No. 97-21, ~ 1,6-17-97) ARTICLE IX. RESERVED SWIMMINC POOLS L~m SPAS The s',vimming pool and spa code establishing basic criteria for the design and CORGUuction of sy;imming pools and spas within the city '.vas adopted and establisbed as the s\.viImlling pool and spa regHlatioRs Elf the city 8R September 4, 1996, and is em file as OrdmaRec No. 96 39 in the offiee of the city clerk and the office of the direetor of development. (Ora. No. 9639, g 1, 9196; Ord. No. 9660, g 3, 12197) ARTICLE X. WORKFORCE HOUSING PROGRAM Section 1. Findings. A. The City Commission having conducted a housing needs assessment has determined that there is a housing shortage within the city that is affordable to the everyday working families and citizens of the city. B. Florida Statutes ~ 166.04151 provides that a municipality may adopt and maintain any ordinance that is adopted for the purpose of increasing the supply of October 14, 2008 34 workforce housmg using land use mechanisms not wIthstanding am other nFl\'isic1!1 , la\1, . C The CITY Commission recogmzes that there IS a growmg gap benveen housing costs and wages in the city. D. The city has a legitimate public interest in preserving the character and quality of neighborhoods which requires assuring the availability of workforce housing for lo'w and moderate income persons in the city. E. The city recognizes that the need to provide workforce housing is critical to maintaining a diversified and sustainable city having the character and sense of community where people can live and work in the same area. F, The city is encouraging the production and availability of workforce housing and at the same time is cognizant that escalating land costs and rapidly diminishing amounts of land hinder the provision of sufficient workforce dwelling units by the private sectoL (Ord. No. 07-007. ~ 2,4-3-07) Setion 2. Defmitions. A. Median Household Income (MHl). The Palm Beach County Median Household Income, adjusted for family size, as published by the Department of Housing and Urban Development (HUD). B. Affordability controls. Restrictions placed on workforce housing units by which the price of such units and/or the income of the purchaser or lessee will be restricted in order to ensure that the units remain affordable to low and moderate income households. C Af(ordability term. The time a workforce housing unit is required to remain affordable to income qualified buyers or renters. D. Boynton Beach Housing Trust. A trust created as a depository for in-lieu of payments, donated land. or housing units for the purpose of providing workforce housing units. E. Cill'. The City of Boynton Beach, Florida. F. Deed restriction. Each workforce housing unit created under the program shall be deed restricted for thirty (30) years. The deed restriction shall serve to restrict the sales or rental price and/or the income of the purchaser or renteL October ]4. 200S 35 G. Development. A development at one (1) location which includes at least ten (I 0) residential units for which site plan approval has been granted. H. Eligible occupant. A person who qualifies for participation in the program whose income does not exceed 120% of Median Household Income for Palm Beach County as set by BUD Priority will be given to persons who have lived or worked within the city limits of Boynton Beach continually for one (I) year immediately prior to the date of application for a workforce housing unit. I. First time home buyer. A person who has not held ownership in a residence within the past three (3) years. J. Income qualified household. A household whose income is verified to be either low income or moderate income. 1(. Low income household. A household with a gross, combined income below eighty percent (80%) of the Palm Beach County Annual Medi!m. H6usehold Income as defmed by BUD. L. Moderate income household. A household with a gross, combined income between eighty percent (80%) and 120% of the Palm Beach County Median Household Income (as defmed by the Florida Housing Finance Corporation). M. Restrictive covenant and agreement. The covenants that govern the initial sale and rental and subsequent resale and releasing of workforce housing units created under the Workforce Housing Program. The term of the restrictive covenant and agreement is thirty (30) years. N. Workforce housing unit. A dwelling to be sold or leased to an individual or family that is income qualified in which the rent or mortgage payments (including principal, interest, taxes, insurance and homeowner association fees) does not exceed thirty- five percent (35%) of the gross income of households that are classified as low or moderate income households. (Ord. No. 07-007, S 2,4-3-07) Section 3. Applicability. Except as otherwise provided in this article, these regulations shall apply to development applications consistent with the following conditions: A. Developments with a residential component for which any land use and/or a zoning category permitting the density in excess of 10 dwelling units per acre is applied, including the requests for planned development districts in cases where the desired Future Land Use classification is already iI! place and allows such densities; October 14, 2008 36 B. A major modification of a development SHe plan If! 11 the prevlous appw\ d' includes a density as described in condition A of thIS seCllon: and (2) such modificatiof, proposes more housing units than previously approved: and (3 i the prevlOus developmen' approval \vas granted after April 3, 2007: in such a case. tl1ese regulatlODS will apply h' additional unit, only: and: C Developments whose previous approval was consistent with condition A of this section and whose site plan has expired. (Ord. No. 07-007. ~ 2,4-3-07: Ord. No. 08-004, ~ 2. 3-4-08) Section 4. Provision of workforce housing units. Developers may be entitled the requested higher density land use and zoning category if providing workforce housing units as stated below. subject to the limits and requirements of this chapter. A. To be eligible for the requested higher density land use, the following percentage of workforce housing units must be incorporated into the development: 1. High and Special High Density Residential - Twenty percent (20%) of the total number of proposed residential units in the development shall be designated as workforce housing units. ') Mixed-Use - Fifteen percent (15~~) of the total number of proposed residential units in the development shall be designated as workforce housing umts. 3. Mixed Use Core - T en percent (l 0%) of the total number of proposed residential units in the development shall be designated as workforce housing units. TABLE 1 LAND USE CLASSIFICATION ZONING DISTRICTS MAXIMUM DENSIIT High Density Residential PUD lO.8 dwelling units/acre IPUD 10.8 dwelling units/acre Special High Residential (SHR) PUD 20 dwelling units/acre IPUD 20 dwelling units/acre Mixed Use-Core (MXC) Mixed Use-High 80 dwelling units/acre Mixed Use (MXl Mixed Use Low-l 20 dwelling units/acre Mixed Use Low-2 30 dwelling units/acre Mixed Use Low-3 40 dwelling units/acre ---"~ - .. ....----- October] 4. 2008 37 B. Twenty-five percent (25%) of the total required workforce housing units shall be set aside for low income households. Seventy-five percent (75%) of the total required workforce housing units shall be set aside for moderate income households. C. If the required number of workforce housing units results in a fractional remainder greater than .50, the number shall be rounded up. If the required number of workforce housing units results in a fractional number less than .50, the number shall be rounded down. D. The workforce housing units provided shall have the same percentage of unit types as market rate units within the development unless a contrasting unit type is intended to address particular needs existing within the community at the time of approval and substantiated by written evidence such as related reports or data. If the application involves a major modification of an existing development, only the additional units are used in determining the required unit mix. E. All units shall meet the requirements for unit size and construction as specified in this chapter and meet all required Land Development Regulations and applicable building codes. F. At the time of application for land use classification amendment and rezoning category change the project must be reviewed and signed off by the Community Improvement Division of the city as part of the site plan approval process for compliance with affordability guidelines and number of units qualifying as workforce. G. The site plan shall clearly identify the location of workforce housing units. Additionally, tabular data must be included on the site plan showing the address or unit number, total number of units, number of bedrooms of workforce housing units and the targeted income levels. This shall be included with the market rate data. H. Workforce housing units shall include those units in a development, which are regulated in terms of: 1. Initial sales price or rent levels; and 2. Subsequent resale prices or leasing rates. 1. If compliance with a land development standard would preclude construction of a residential or mixed-use development in which workforce housing units are included, pursuant to this chapter, the applicant may submit a proposal for waiver or reduction of the development standard. The applicant shall show that the waiver or reduction of the development standard is necessary to make the workforce housing units economically feasible and that such a waiver will not compromise any of the city's life or safety standards. October 14,2008 38 .1. .Prior w the issuance of any building perunL the restrlctI\ e ;:.ovenan1 ane agreement shall be recorded in the public records of Palm Beach County. The term of the restrictive covenant shall be thirty (30) years A copy of the recorded ;:ovenant and agreement shall be provided to the city prior to the !ssuance of the building pern1it (Ord. No. 07-007. f 2.4-3-07: Ord. No. 08-004. ~ 3. 3-4-U8) Section 5. Off-site options. A. Developers are required to include workforce housing units in any development in which High Densitv Residential. Special High Density Residential. Mixed-Use or Mixed-Use Core land use is requested. However, in the case of developments in which eighty percent (80%) of the residential unit sales prices will exceed $500,000, paying a fee in lieu of creating the workforce housing units on site donating land, purchasing and donating market rate units or building off site for the required number of workforce housing units may be permitted at the recommendation of the Community Improvement Department B. In any case where off-site options are permitted, twenty-five percent (25%) of the total required workforce housing units shall be built on-site of the subject development C. Off-site options are not applicable to rental developments. All required workforce housing units must be constructed within the subject development. L Payment in-lieu. Contribute the per unit price listed in Table I below to the Boynton Beach Housing Trust to be utilized to subsidize the creation of workforce housing within the city. In-lieu of fees shall be paid in full prior to the issuance of a building permit TABLE 2 PAYMENT IN LIEU FOR CREATING REQUIRED WORKFORCE HOUSING UNITS (per unit required) One Bedroom $60.000 Two Bedroom $80,000 Three+ Bedroom $100.000 ') Donate land (buildable residential parcels) within the city limits to be used for workforce housing. The value of the land shall equal or exceed the total "in lieu of' fee for all required workforce units or shall be of sufficient size to develop the same number of required units. The value of the donated land must be verified by a MAl appraisal no more than three (3) months old. The appraisal October 14. 200S 39 shall be obtained by developer at developer's cost to verify the value of donated land. The land shall be deeded to the city prior to the issuance of a fmal Certificate of Occupancy for the development. 3. Off-site construction. The required workforce housing units may be built off-site. All off-site workforce housing units shall comply with all sections of this article. Building permits shall be issued for a minimum of fifty percent (50%) of the required workforce housing units to be constructed off-site prior to the issuance of the first Certificate of Occupancy in the subject development. All off-site workforce housing units must receive a Certificate of Occupancy prior to the issuance of more than seventy- five percent (75%) of the Certificate of Occupancies in the subject development. 4. Purchase market rate units. Purchase an equivalent number of existing market rate units to be deeded to the city or sold to eligible households. Such units shall be deed restricted to comply with this article. The developer may retain the title to off-site units subject to recordation of a city approved deed restriction. A minimum of fifty percent (50%) of the units must be purchased and deeded to the city or deed restricted prior to the issuance of the first Certificate of Occupancy in the subject development. All workforce housing units shall be purchased and deeded to the city or deed restricted prior to issuance of more than seventy-five percent (75%) of the Certificate of Occupancies in the subject development. (Ord. No. 07-007, S 2,4-3-07) Section 6. Rental housing units. A. A restrictive covenant shall be recorded in the public records specifying the income level served, rent levels, reporting requirement and all restrictions applicable to the workforce housing units. All leases on workforce housing units shall contain language incorporating the restrictive covenant applicable to the workforce housing units and shall reference the recorded restrictive covenant. The restrictive covenant shall remain in force for thirty (30) years. B. Units targeted to low income households at fifty percent (50%) to the eighty percent (80%) of the Palm Beach County median income, adjusted for family size shall not have rental rates that exceed 100% of the HUD determined fair market rent for the area. C. Units targeted to moderate income households at eighty percent (80%) to the 120% of the Palm Beach County median income, adjusted for family size, shall not exceed 100% of the HUD determined fair market rent for the area. October ]4, 2008 40 D. Tenant income qualification records shall be maintained on SHe and a yearh report shall be fOf\\'arded to the Community lmpnwement Division of the city WT compliance determination. (Ord. No. 07-007. ~ 2.4-3-07) Section 7. For sale housing units. A. All deeds shall include the restrictive covenant applicable to workforce housing units. All sales contracts shall state that the unit is part of a workforce housing program and subject to Article X, Chapter 20 of the Land Development Regulations of the city. The restrictive covenant shall remain in force for thirty (30) years. The form of deed for workforce housing units shall be approved by the City Attorney. B. The restrictive covenants shall state that during the affordability term, the resale of a workforce housing unit shall be subject to the following resale requirements. 1. All workforce housing unit owners shall notify the city immediately that the unit is for sale. The city shall have first right of refusal to purchase the unit Upon receipt of notice that a valid offer has been made on the unit, the city shall have fifteen (15) days to invoke its right ofrefusal to purchase the unit(s). ') All workforce housing units are to be resold only to 10\\ or moderate income qualified households at an attainable housing cost for each targeted mcome range. C Purchasers of workforce housing units shall be required to occupy the unit. D. Closing costs and title insurance shall be paid pursuant to the custom and practice in Palm Beach County at the time of opening of escrow. No charges or fees shall be imposed by the seller on the purchaser of a workforce housing unit which is in addition to or more than charges imposed upon purchasers of market rate units. except for administrative fees charged by the city/CRt\., or their designee. E. Sales prices for workforce housing units will be calculated on the basis of: L An available fixed-rate thirty (30}-year mortgage, consistent with a "blended rate" for Palm Beach County banks, and/or the Florida Housing Finance Authority. A lower rate may be used in calculating workforce housing prices if the developer can guarantee the a vailab ility of fixed-rate thirty (30l-year mortgage at this lower rate for all workforce housing units required for the covered project: .., A down payment of no more than ten percent (lOO/~) (including any down payment assistance provided by SHIP or other sources) of the purchase price: and October 14. 2008 41 3. A calculation of property taxes; and 4. A calculation of homeowner insurance, mortgage msurance, homeowner association fees, property management fees and other closing costs. F. Compliance. Prior to request for final Certificate of Occupancy for the development, the developer shall provide to the city's Community Improvement Department, or designee, documentation sufficient to demonstrate compliance with the workforce housing program. Such documentation shall include but is not limited to information regarding the identity and income qualification documentation for all occupants of the workforce housing units, proof of recordation of restrictive covenant in approved form. (Ord. No. 07-007, S 2,4-3-07) Section 8. Resale requirements. To maintain the availability of workforce housing units which may be constructed or substantially rehabilitated pursuant to the requirements of this program, the following resale conditions shall be imposed on the workforce housing units and included in the deed and restrictive covenant recorded in the Public Records of Palm Beach County: A. All workforce housing units constructed or substantially rehabilitated under this program shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. B. Workforce housing units within a development shall be integrated with the rest of the development and shall be compatible in exterior design and appearance, construction, and contain comparable HV AC systems as market rate units. C. The developer shall provide workforce housing units that include unit types in the same proportion as the market rate housing units unless a contrasting unit type is intended to address particular needs existing within the community at the time of approval and substantiated by written evidence such as related reports or data. 1. If the development contains a mix of different types of units, (e.g. condominium, townhouse, detached, etc.), the proportion of workforce housing units of each type to total workforce housing units must be approximately the same as the proportion of market rate units of each type to total market rate units. 2. 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. October] 4, 2008 42 - The number of bedwom~ per unn must be proponJonate between - . workforce and market rate units. .' If the application involves a major modificatlOn of an existing '"'. development. only the additional units are used in determining the required unit mIX. D. The construction schedule for workforce housing units shall be consistent with or precede the construction of market rate units. E There shall be no lot premiums charged on the workforce housing units. F. All required workforce housing units shall be offered for sale or rent at an attainable housing cost for each of the targeted income ranges. G. The city, its successors and assigns may enforce the covenants. No amendments to the restrictive covenant shall be made unless by written instrument approved by the city. (Ord. No. 07-007, S 2,4-3-07; Ord. No. 08-004. S 4.3-4-08) Section 9. Monitoring and compliance. A. Final approval conditions. Final conditions of approval shall specify that the workforce housing units are sold to buyers whose income does not exceed 120% of median household income for Palm Beach County as set by HUD. The conditions will also specify the requirements for reponing to the city's Community Improvement Division on buyer eligibility, housing prices, as well as any applicable requirement to record the restrictive covenant or to enforce resale restrictions. B. At the time of request for fmal Certificate of Occupancy for the development if the workforce housing units have not been sold to income qualified persons, the developer shall deposit in the form of a surety bond, the amount equal to 110% of the applicable "in lieu of' fee to the city's Housing Trust Fund. Upon verification that the required number of workforce housing units have been sold to income qualified persons, the surety will be released. C. The city may enforce the requirements of this article through any cause of action available at law or equity, including but not limited to seeking specific performance, injunctive relief, rescission of any unauthorized sale or lease. during the term of the restrictive covenant. D. The Community Improvement Department shall submit an annual report to the City Commissioners indicating the status of this article, including but not limited to the number of units created. leased and sold. October 14. 2008 43 (Ord. No. 07-007, S 2,4-3-07) ARTICLE XIII. HISTORIC PRESERVATION Section 1. Generally. It is the intent of the city to encourage the preservation of historically significant buildings within its corporate limits. All historic buildings other than single family and duplex dwellings shall be reviewed for historical significance in all development and construction proposals presented to the city. Preservation of such buildings will be required unless it can be established by the applicant that preservation significantly interferes with the reasonable use of the property. (Ord. No. 96-60, S 4, 1-21-97) Section 2. Waiver of technical requirements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as Historic Buildings when such buildings or structures are judged by the director of development to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. (Ord. No. 96-60, S 2,1-21-97) Section 3. Design conformance. Additions and/or modifications to historical buildings shall conform to the architectural style of the original building. (Ord. No. 96-60, S 2, 1-21-97) S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Ch 20 sans PMR.doc October] 4, 2008 44