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Agenda 11-19-02The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA NOVEMBER 19, 2002 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager 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 PUBLIC PARTICIPATION AT CZ'FY OF BOYNTON BEACH COMMISSION MEE'rZNGS 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 COMMZSSION 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. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · 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. Please use the yellow colored card for matters n~t listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · 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. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSING THE COMMISSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent.or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted 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). CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA November 19, 2002 6:30 P.M. T. OPENZNGS: A. Call to Order - Mayor Gerald BroenJng B. Invocation/Moment of Silent Prayer C. Pledge of Allegiance to the Flag led by Commissioner Weiland D. ZF YOU WZ~;H TQ ADDRE~;~; THE t;0MMZSS'~ON: · FZLL OUT THE APPROPRIATE REQUEST FORM · GZVE Zl' TO THE cTrY CLERK (ON THE DAIS) BEFORE THE "OPENZNGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME TNDZVIDUALS MAY SPEAK FOR THREE UNI'NTERRUPTED MI'NUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption PUBLZC AUDZENCE: TNDIVZDUAL SPEAKERS WZLL BE LZMITED TO 3-MZNUTE PRESENTATIONS III. Appointment To Be Made OTHER: A. Informational Items by Members of the City Commission ADMINISTRATWE: Appointments to be made: Board Length of Term Expiration Date II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/03 Tabled (2) Agenda Regular City Commission Meeting Boynton Beach, Florida November 19, 2002 I Weiland II McCray Mayor Broening I Weiland IV McKoy I Weiland V. Education Advisory Board Education Advisory Board Stu Stu 1 yr term to 4/03 Tabled (3) 1 yr term to 4/03 Tabled (3) Library Board Alt Library Board Reg 1 yr term to 4/03 3 yr term to 4/03 Nuisance Abatement Board Alt I yr term to 4/03 Recreation & Parks Board Reg 3 yr term to 4/03 ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: 1. Proclamations: a. Dr. Martin Luther King, Jr. Day - January 20, 2003 Presentation by the United Way regarding the Mayor's Invitational Bed Race PUBLZC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERlqTFS Project: Agent: Owner: Location: Description: Merano Bay (LUAR 02-OO6) Carlos Ballbe, Woodside Land Development Corp. AutoZone, :[nc. Southeast corner of Shore Drive and North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) 20 du/acre (Proposed Ordinance No. 02-057) - 1~ Reading Proposed Ordinance No. 02-056 Re: Rezoning from Community Commercial (C-3) to Infill Planned Unit Development (:[PUD) (Merano Bay) - 2"d Reading Project: Agent/Owner: Description: Comprehensive Plan Text Amendment (CPTA 02-O0;I.) Staff Initiated: Request for modification to Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and Agenda Regular City Commission Meeting Boynton Beach, Florida November 19, 2002 future populations [This amendment is in response to the objections of the State to the South Congress Residential (LUAR 02-002) application] (Proposed Ordinance No. 02-058) Project: Agent: Owner: Location: Description: Motorola (LUAR 02-007) (RE(~UEST' POSTPOIVEMENT TO THE ~.~/26/02 PLANNiNg; & DEVELOPI~fENT BOARD MEET"[NG.) R. Duke Woodson, Foley & Lardner Maury L. Carter & Associates, :[nc. Southeast corner of Gateway Boulevard and Congress Avenue Request to amend the Comprehensive Plan Future Land Use Nap to reclassify 49.695 acres of the Motorola DR1 from l~ndustrial (I~ND) to Local Retail Commercial (LRC); and Request to rezone 49.695 acres of the Motorola DRJ from Planned l~ndustrial Development (PI~D) to Community Commercial (C-3) (for multi-family, ancillary commercial development) VTT. 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: Agenda Preview Conference of November 4, 2002 Regular City Commission Meeting of November 6, 2002 Special City Commission Meeting of November 12, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve the "sole source" purchase of emergency repairs to the Fire Aerial Ladder, Vehicle #800, from Sutphen Corporation in the amount of $29,620 Award a contract in the amount of $219,792.50 to Chaz Equipment Company, :[nc. of Wellington, Florida as the successful bidder under Bid No. 002-2413-03/C3D for the NE 19t~ Avenue Sewer and Water Main Replacement Project (Proposed Re~olution No. RO2-:Lg3) Agenda Regular City Commission Meeting Boynton Beach, Florida November 1.9, 2002 Approve CH2M HILL for the design and construction administration of the interior expansion for the Senior Center facility at a cost of $12,000 (Proposed Resolution No, RO2-1.g4) Award the bid for "PURCHASE OF ONE NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF-CONTAINED VACUUM UNIT," Bid #078-2821- 02/C3D, to VACUUM SOURCE, INC. of Greer, South Carolina in the amount of $24,950 (TO BE REHOVED FROH TIlE CONSENT A4gENDA AND TABLED) Approve the lease of the IBM AS/400 CPU from IBM Global Financing through Midrange Support & Service in the amount of $6,606.97 per month for 3 years per State Contract No. 250-000-03-01 (Proposed Resolution No, R02-195) Resolutions: Proposed Resolution No. R02-196 Re: Authorizing release of surety for the project known as Hunters Court full Proposed Resolution No. R02-197 Re: Authorizing full release of surety for the project known as BAPS, and refund the amount of $1,301 to the developer of the project Proposed Resolution No. R02-198 Re: Executing Task Order No. 17 with CH2M Hill for the final design, bidding services, services during construction and reports for Aquifer Storage and Recovery Well #2, in the amount of $231,970 Proposed Resolution No. R02-199 Re: Authorizing reduction in surety for the project known as Tuscany on the Intracoastal from the current value of $187,142 downward to $9,350 Proposed Resolution No. R02-200 Re: Authorizing release of a cash bond of $2,640 to Master Auto Body for the project known as Master Auto Body Proposed Resolution No. R02-201 Re: Authorizing release of a cash bond of $1,485 to Petropac, Inc, for the project known as the Shell Gas Station Proposed Resolution No. R02-202 Re: Executing a Development Regions Grant Agreement with Palm Beach County Board of County Commissioners to encourage economic development, revitalization and redevelopment of distressed areas 4 Agenda Regular City Commission Meeting Boynton Beach, Florida November 19, 2002 Proposed Resolution No. R02-203 Re: Approval of 10 contracts for services for Community Development Block Grant (CDBG) sub-redpients previously approved for funding on 3uly 2, 2002 Proposed Resolution No. R02-204 Re: Approval of an Agreement for Water Service Outside of the City Limits for the project known as the Early Head Start Center and San Castle Community Park 10. proposed Resolution No. R02-205 Re: Executing the First Amendment to the Banner Attachment Agreement with Florida Power & Light Company (FPL) to install decorative, non-commercial banners along Martin Luther King, 3r. Boulevard between Seacrest Boulevard and Federal Highway D. Ratification of Planning & Development Board Action: Boynton Beach Medical Pavilion (ADAP 02-001), 2815 South Seacrest Boulevard - Appeal from the October 3, 2002 administrative decision denying Boynton Beach Medical Pavilion's request for building permit submittal due to site plan expiration Fookes Shed (ZNCV 02-014), 3220 Canal Drive - Request for relief from Land Development Regulations, Chapter 2, Zoning, Section 4.B.2. requiring a detached storage structure not exceeding 100 square feet in area and 7 feet in height to be erected at a minimum of 3 feet from the rear and side property lines providing that no easement rights are abridged, to allow a variance of 1.5 feet and an 8.5 feet high storage shed in a residential zoning district E. Ratification of CRA Action: CKS Tncorporated (NWSP 02-005), Lot 44, Tradewinds Estates - East side of Old Dixie Highway, North of Gulfstream Boulevard and South of Hiller Road - Request for site plan approval for an 8,043 square foot, one-story office/warehouse building on a 0.67 acre parcel Presidential Drive (HTEX 02-002), 719 Presidential Drive - Request for a height exception pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.F., to allow an elevator hoist way on a proposed single family house to be constructed at 32 feet 6 inches high, a distance of 2 foot 6 inches above the maximum 30 foot height allowed in the R-l-AA single family zoning district Accept the written report to Commission of purchases over $10,000 for the month of October 2002 for informational purposes 5 Agenda Regular City Commission Meeting Boynton Beach, Florida November :tg, 2002 Approve payment to Advanced Generator Sales & Service in the amount of $87,869.83 for the emergency repair to the 750 KW diesel generator at the East Water Treatment Plant VIII, CZTY MANAGER'S REPORT: None :IX. FUTURE AGENDA rrEMS: A. Commission appointments to organizations (December 3, 2002) B. Report on Special Events (December 3, 2002) C. Recommendation from CRA regarding Old High School (December 3, 2002) Do FRA Whistle Ban - Report (3anuary 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee CI'BA) X. DEVELOPMENT PLANS: None XI. NEW BUSINESS: None XZI. LEGAL: A. Ordinances - 2n~ Reading - PUBLIC HEARING Proposed Ordinance No. 02-054 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LR£) to Special High Density Residential (SHDR) (The Harbors) Proposed Ordinance No. 02-055 Re: Rezoning from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) (The Harbors) 6 Agenda Regular City Commission Meeting Boynton Beach, Florida November 19, 2002 B. Ordinances - 1~t Reading 1. Proposed Ordinance No. 02-059 Re: Abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD 2. Proposed Ordinance No. 02-060 Re: Amending the Comprehensive Plan Future Land Use Map from Industrial ([) to High Density Residential (HDR) (South Congress Residential) C. Resolutions: None D. Other: None UNFINISHED BUSINESS: None ADJOURNI4ENT: NOT]CE IF A PERSON DEC[DES TO APPEAL ANY DECISION MADE BY THE CTPf COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEE'I-[NGf 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 PIADE~, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CTTY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDMDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN]OY THE BENEFITS OF A SERVICEr PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVETY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg F;[NAL AGENDA :t111912002 7:18 AM S:\CC~W P~CCAG ENDA~AG EN DAS\YEAR 2002\111902 FINAL AGENDA. DOC CITY OF BO YNTON BEA CH REGULAR CI'FY COMMISSION MEETING AGENDA November 19, 2002 A. Call to Order - Mayor Gerald Broflhr~ I ~"~1 B. Invocation/Moment ~ra~.r~, \ c. D. IF YOVI~ ~ ~~S ~~ION: //~1 I~~ ~ . ,.LL ou, T., , G~E ~ TO TH~ ~~L~ (ON ~E D~S) BEFORE THE "OPENZNGS" POR~ON OF TH~OA H~ BEEN CONPL~D , CONE TO THE PODZUH WHEN THE HAYOR ~L~ YOUR NAHE ZND~DUALS HAY SP~K FOR THREE UNZNTERRU~ED HZNUTES. E. Agenda Approval: AddiUons, Deletions, Coffe~ions 2. Adoption PUBIC AUDZENCE: ZND~DUAL ~PEAKE~ ~LL BE ~H~ED TO 3-HZNUTE PRESENTA~ONS 6:30 P.M. III, Appointment To Be Made II McCray OTHER: A. Informational Items by Members of the City Commission ADMZNZSTRATZVE: A. Appointments. to be made: Board Bldg. Bcl of Adj & Appeals Alt Length of Term Expiration Date 1 yr term to 4/03 Tabled (2) Agenda Regular City Commission Meeting Boynton Beach, Florida November 19, 2002 I II Mayor I IV I V. Weiland Education Advisory Board Stu McCray Education Advisory Board Stu 1 yr term to 4/03 Tabled (3) 1 yr term to 4/03 Tabled (3) Broening Library Board Alt Weiland Library Board Reg 1 yr term to 4/03 3 yr term to 4/03 McKoy Nuisance Abatement Board Alt Weiland Recreation & Parks Board ~~ ANNOUNCEHENTS & PRESENTAT/~ A. Announcements: ~ //~ ~ None ~l ~--'~S/ ~ B. Present~ / U ~ 1. ~ations: 1 yr term to 4/03 3 yr term to 4/03 Dr. Martin Luther King, Jr. Day - January 20, 2003 Presentation by the United Way regarding the Mayor's Invitational Bed Race PUBL,TC HEAR,TNG: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS Project: Agent: Owner: Location: Description: Herano Bay (LUAR 02-006) Carlos Ballbe, Woodside Land Development Corp. AutoZone, Inc. Southeast corner of Shore Drive and North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) 20 du/acre (Proposed Ordinance No. 02- ) Project: Agent/Owner: Description:- Comprehensive Plan Text Amendment (CPTA 02-001) Staff Initiated: Request for modification to Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations [This amendment is in response to the objections of the State to the South Congress Residential (LUAR 02-002) application] (Proposed Ordinance No. 02- ) Agenda Regular City Commission Meeting Boynton Beach, Florida November 19, 2002 C. Project: Motorola (LUAR 02-007) (RE(~UE..~"r Po.~rPONEMENT TO THE 11/26/02 PLANNING & DEVELOPf, fENT BOARD hfEE7"~NG,) Agent: R. Duke Woodson, Foley & Lardner Owner: Maury L. Carter & Associates Inc. ~..~ Location: Southeast corner of Gatewa~ B.~::~lCgard ,8n8 Congress Avenue Description: Request to amend the C~11 r~. br~re I~lan Future Land Use Map to reclassify 49.~J~acr~ ~f~;~e I~lot~rola DR/ from Industrial (IN DF.~~I R~fl:a~! ~°T¢ ~?~J (LR~);land / -~eq~eqt~ r~zo~e~9.1~9~ a( res of th~-~lotorola DRI from Planned ~_, ][r~~ l~ve~...l~.,?t~l~ t to Community Commercial (C-3) (for / ~lll'f~lY'~~'~n/~'eh~merci"l development) ,- Matters in this section of,-tlh"e 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: Agenda Preview Conference of November 4, 2002 Regular City Commission Meeting of November 6, 2002 Special City Commission Meeting of November 12, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Approve the "sole source" purchase of emergency repairs to the Fire Aerial Ladder, Vehicle #800, from Sutphen Corporation in the amount of $29,620 Award a contract in the amount of $219,792.50 to Chaz Equipment Company, Inc. of Wellington, Florida as the successful bidder under Bid No..,002-2413-03/CJD for the NE 19m Avenue Sewer and Water Main Replacement Project (Proposed Resolution No. R02- ) Approve CH2M HILL for the design and construction administration of the interior expansion for the Senior Center facility at a cost of $12,000 (Proposed ResoluUon No. R02- ) 3 Agenda Regular City Commission Meeting Boynton Beach, Florida November 1.9~ 2002 Award the bid for "PURCHASE OF ONE NEW AND UNUSED PORTABLE, TRATLER MOUNTED, SELF-CONTA:[NED VACUUM UN~'I'," Bid #078-282:[- 02/C. JD, to VACUUM SOURCE, INC. of Greer, South Carolina in the amount of $24,950 5. Approve the lease of the IBM AS/400 CPU from IBM Global Financing through Midrange Support & Service in ~unt of $6,606.97 per month for 3 years per State Contr~a~ ~o. 2~0~000-03-01 (Proposed Resolutions: A / \ I '~ I I I 2. ~ ~~o. R02- Re: Authorizing full ~ ~r the pro)e~ known as BAPS, and re, nd the amount ~' he develo~r of the pro~e~ Proposed Resolution No. R02- Re: Executing Task Order No. :[7 with CH2M Hill for the final design, bidding services, services during construction and reports for Aquifer Storage and Recovery Well #2, in the amount of $231,970 Proposed Resolution No. R02- Re: Authorizing reduction in surety for the project known as Tuscany on the Intracoastal from the current value of $187,142 downward to $9,350 Proposed Resolution No. R02- Re: Authorizing release of a cash bond of $2,640 to Haster Auto Body for the project known as Master Auto Body Proposed Resolution No. R02- Re: Authorizing release of a cash bond of $:[,485 to Petropac, l~nc. for the project known as the Shell Gas Station Proposed Resolution No. R02- Re: Executing a Develbpment Regions Grant Agreement with Palm Beach County Board of County Commissioners to encourage economic development, revitalization and redevelopment of distressed areas Proposed Resolution No. R02- Re: Approval of 10 contracts for services for Community Development Block Grant (CDBG) sub-recipients previously approved for funding on July 2, 2002 4 Agenda Regular City Commission Meeting Boynton Beach, Florida November :19, 2002 Proposed Resolution No. R02- Re: Approval of an Agreement for Water Service Outside of the City Limits for the project known as the Early Head Start Center and San Castle Community Park 10. Proposed Resolution No. R02- Re: Executing the First Amendment to the Banner Attachment Agreement with Florida Power 8, Light Company (FPL) to install decorative, no~n-c~mercial banners along Martin Luther King, 3r. Boulevard~:~een~acrest Boulevard and Federal Highway F~_L~ I Ratification of Plante ~el~t ~a~Up~iol:I 1. Bo mtoq 02-001), 2815 South ~~ ~ul~ '/~ ~~ O~ober 3, 2002 administrative . ~i~ ~ .~,~t~~ M~ical Pavilion's request for building t~sTT~l~~ite plan expiration 2. ~k~S~ (ZN~ 02-014), 3220 Canal Drive - Reque~ for relief ~Land Dev~opment Regulations, Chapter 2, Zoning, Se~ion 4.B.2. requiring a de~ched ~orage ~ru~ure not exceeding 100 square feet in area and 7 feet in height to be ere~ed at a minimum of 3 f~t from the rear and side prope~ lines providing that no easement righ~ are abridged, to allow a variance of 1.5 feet and an 8.5 feet high storage shed in a residential zoning di~ri~ Ratification of CRA Action: CKS Xncorporated (NWSP 02-005), Lot dA, Tradewinds Estates - East side of Old Dixie Highway, North of Gulfstream Boulevard and South of Miller Road - Request for site plan approval for an 8,043 square foot, one-story office/warehouse building on a 0.67 acre parcel Presidential Drive (HTEX 02-002), 719 Presidential Drive - Request for a height exception pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.F., to allow an elevator hoist way on a proposed single family house to be constructed at 32 feet 6 inches high, a distance of 2 foot 6 inches above the maximum 30 f°6t height allowed in the R-l-AA single family zoning district Accept the written report to Commission of purchases over $10,000 for the month of October 2002 for informational purposes Approve payment to Advanced Generator Sales & Service in the amount of $87,869.83 for the emergency repair to the 750 KW diesel generator at the East Water Treatment Plant Agenda Regular City Commission Meeting Boynton Beach, Florida November 19, 2002 CZTY MANAGER'S REPORT: None FUTURE AGENDA TTEMS: A. FRA Whistle Ban - Report (3anuary 2003) - Dela~jm'~ue to Federal Railway Administration Delay in Rulemaking Ordinance on first reading hap~:erJ 2, Zoning, Section 11.3. Environmental Review a s tolErlvironmental Review Permit or the Environmen~evle~ crz~il~ NEW BUSINE~.~ '~ None LEGAL: A. Ordinances - 2"d Reading - PUBLIC HEARING Proposed Ordinance No. 02-054 Re: Amending the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) (The Harbors) Proposed Ordinance No. 02-055 Re: Rezoning from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) ('rhe Harbors) Proposed Ordinance No. 02-O56 Re: Rezoning from Community Commercial (C-3) to Infill Planned Unit Development (IPUD) (Merano Bay) B. Ordinances ~ 1s~ Reading Proposed Ordinance No. O2- Re: Abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD Agenda Regular City Commission MeeUng Boynton Beach, Florida November 19, 2002 Proposed Ordinance No. 02- Re: Amending the Comprehensive Plan Future Land Use Map from l~ndustrial (I) to High Density Residential (HDR) (South Congress Residential) C. Resolutions: XZII. None D. Other: None UNFZNXSHED None AD3OURNMEI NOTICE IF A PERSON DECIDES TO APPEAL ANY DEOSION HADE BY THE CTI'Y COMMISSION WITH RESPECT TO ANY MATFER 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 DISABILrry AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAH, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT ]OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR A~ IN ORDER FOR THE CTTY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL DRAFT 11/14/2002 4:45 PM S:\CC~WP~CCAGENDA~GENDAS\YEAN 2002\111902.D0c p, V.-ANNOUNCEt4ENTS & PRESENTATTONS Item B.l.a WHEREAS, the significant contributions made by the late Dr. Martin Luther King, Jr. are recognized nationwide in that the third Monday of January has been established as a national holiday in commemoration of Dr. King's birthday, January 15, 1929; and WHEREAS, Dr. King dedicated his life so that all Americans may enjoy the freedoms guaranteed every citizen under the Declaration of Independence and the United States Constitution; and WHEREAS, Dr. Martin Luther King, Jr. Birthday Celebration Committee of Boynton Beach, which combines numerous community organizations and municipalities, is playing a major role in the coordination of observances of this day by offering a variety of historical and cultural programs through the City. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim January 20, 2003 as: DR. MARTIN LUTHER KING, JR. DAY in the City of Boynton Beach, Florida, and call upon all citizens to rededicate themselves to advancing the cause of brotherhood and sisterhood among all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Florida, to be affixed at Boynton Beach, Florida, this 19th day of November, Two Thousand and two. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:\CC\WFSCCAGENDA\Proclamations',Martin Luther King Jr. Day- 2003.doc Requested City Commission Meetin~ Dates [] August 6, 2002 ] August 20, 2002 [] September 3,2002 [] September 17, 2002 CITY OF BOYNTON BEAt AGENDA ITEM REQUEST F V. ANNOUNCEMENTS & PRESENTATIONS Item B.2. Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates ] October I, 2002 [] October 15, 2002 [] November 6,2002 [] November 19, 2002 Date Final Form Must~o~'Tul-~C::: ~n to City Clerk's Office 7-~ q2.~ September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Permit presentation. EXPLANATION: The United Way wants to thank the City for organizing the Mayor's Invitational Bed Race, which raised over $1,600 for United Way, by presenting certificates to members of the City's Project Enhancement Support Team. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not permit the presentation ~ Depart~aent H~'d's Signature Public Affairs Department Name City Manager's Signature City Attorney / Finance / Human Resources S:\BULLETINXFORMSX&GENDA ITEM REQUEST FORM.DOC VI.-PUBLiC HEARING ITEM A. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FOl Vl Requested City Commission Meeting Dates [] August 6,2002 [] August 20, 2002 [] September 3,2002 [] September 17, 2002 Date Final Form Must be Turned in to CiW Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October I, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to Cit~ Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board with a unanimous vote recommended that the subject request be approved. For further details pertaining to this request see attached Departxnent of Development Memorandum No. PZ 02-206. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Merano Bay (LUAR 02-006) Carlos Ballbe, Woodside Land Development Corp. AutoZone, Inc. Southeast comer of Shore Drive and North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) 20 alu/acre. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: .~,,~ N/A Develotmle~nt' be0artn~e~t DirectOr v- - ~it~ ~Ihiadger's Signature Planning and ~.oning l~ir$ctor City Attorney / Finance / Human Resources S:hUlanningXSHARED\WPLPROJECTSWIERANO BAY~LUAR~Agenda Request LUAR 02-006 Amend CC 11-19-02.dot SSPIanning~SHARED\WP\PROJECTSXMERANO BAY~LUARL~.genda Request LUAR 02-006 Amend CC 11-19-02 dot ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON THE SOUTH EAST CORNER OF SHORE DRIVE AND NORTH FEDERAL HIGHWAY (PROJECT KNOWN AS MERANO BAY); AMENDING ORDINANCE 89-38 BY AMENDING THE FUTUR]~ LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY FOR THE PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL TO SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has ~dopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the >est interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the :\CA\Ordinances\Planning\Land Use\Merano $ay Land Use.doc following: That.the Future Land Use of the following described land shall be designated as SHDR (Special High Density Residential). Said land is more particularly described as follows: A portion of Section 2, according to the Plat of COQUINA COVE, as recorded in Plat Book 24, Page 14, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the centerline intersection of Shore Drive and Ocean Inlet Drive as shown on said plat; thence Southerly along said centerline of Shore Drive and the arc of a curve, said curve being concave to the Northeast, having a radius of 182.40 feet a central angle of 23°23'56", a radial bearing at this point of North 90o00'00'' East an arc distance of 74.49 feet to a point; thence South 00°00'00'' East a distance of 50.01 feet to the POINT OF BEGINNING of the hereinafter described parcel, thence continue South 00°00'00'' East a distance if 184.96 feet to a point; thence North 90o00'00'' West along the South line of said Section 2, a distance of 290.46 feet to a point on the East line of the parcel described in Official Record Book 606, Page 198 and the East right-of-way line ofU. S. Highway No. 1; thence North 02054'00" East along said right-of-way line a distance of 20.02 feet to the beginning of a curve concave to the East having a radius of 7,589.49 feet and a central angle of 01 °47'46"; thence Northerly along the arc of said curve a distance of 17.87 feet to a point on the South right-of-way line of said Shore Drive; thence South 90000'00'' East along said South right-of-way line, a distance of 202.88 feet to the beginning of a curve concave to the Southwest having a radius of 25.00 feet and a central angle of 76°18'38"; thence Southeasterly, along the arc of said curve a distance of 33.30 feet to the beginning of a reverse curve, having a radius of 207.40 feet and a central angle of 22°29'39"; thence Southeasterly along the arc of said curve a distance of 81.43 feet to the POINT OF BEGINNING. Containing in all 76,024.186 square feet or 1.745 acres more or less. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the ~:\CA\Ordinances\Planning\Land Use\Merano Say Land Use.doc of this Ordinance. Section 5: This Ordinance shall become effective 31 :hallenged. days after adoption, unless If challenged, it becomes effective upon the issuance of a final order finding it in ,2002. __ day of BOYNTON BEACH, ,liance. FIRST READING this __ day of SECOND, FINAL READING and PASSAGE this CITY OF ,2002. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk iCorporate Seal) \CA\Ordinances\Planning\Land Use\Merano Bay Land Use.doc TO: FRO M: THROUGH: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-206 (revised) Chairman and Members Community R~deve. J~pment Dick Huds~ Senior Plafiner Michael W. Rumpf Director of Planning and Zoning Agency Board DATE: October 25, 2002 Project/Applicant: PROJECT DESCRIPT]:ON Merano Bay/Woodside Land Development Corp. Agent: Carlos Ballb~ Owner: AutoZone, Tnc. Location: Southeast corner of Shore Drive and North Federal Highway File No: Land Use Amendment (LUAR 02-006) Property Description: Vacant property consisting of_+1.75 acres, classified Local Retail Commercial (LRC) and zoned ]:PUD ]:nfill Planned Unit Development Requested change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) in order to construct a 20-unit fee simple townhouse community. Adjacent Land Uses and Zoning: North: Right-of-way of Shore Drive, then developed commercial (Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Right-of-way of Boynton (C-16) Canal, then developed single-family residential (Harbor Estates) designated Mixed Use (MX) and zoned R-l-AA Single Family Residential (5.4 du/ac). East: Right-of-way of Shore Drive, then developed single-family residential (Coquina Cove) designated Low Density Residential (LDR)(4.84 du/ac) and zoned R-l-AA Single Family Residential (5.4 du/ac). Page 2 File Number: LUAR 02-006 Merano Bay West: Rights-of-way of Federal Highway and the Florida East Coast (FEC) Railroad, then undeveloped property designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. MASTER PLAN ANALYS:[S Under its present land use the property could be developed for the range of commercial uses permitted with the existing Local Retail Commercial designation. This land use designation also allows rezoning to the :[PUD zoning district at a density of 10.8 dwelling units per acre for a total of 18.9 units. The developer is requesting a change of land use to the Special High Density Residential to allow the necessary 20 dwelling units per acre. The City Commission adopted the Federal Highway Corridor Redevelopment Plan on May 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting the downtown redevelopment. :[t also served as a catalyst to encourage redevelopment and infill development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. :Implementation of the P/an included an amendment to the Land Development Regulations to create the :[PUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the :[PUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents one of the first requests for the :[PUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, that this project will set the standard for future :[PUD developments. Staff determined that the layout of the buildings, the allocation of back-up space, and the distance between each building are in the optimal configuration and therefore, exceed the basic development standards. :[n conclusion, the proposed site plan does meet the intent of the :[PUD zoning district. As previously stated, the subject property would be eligible for 10.8 units / acre or 18.9 total units if converted to a residential use under the existing commercial land use. The plan proposes 20 total units or two (2) additional units over the current maximum allowable number of units. The plan and its configuration of the townhouses buildings satisfy optimal design objectives without forfeiting on any site amenities. Staff is recommending the approval of a reclassification to the Special High Density land use classification, which allows the proposed density. PRO3ECT ANALYSZS The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, :[tem C. Comprehensive P/an Amendment: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Hap. a. Whether the proposed rezoning would be consistent with applicable comprehensive p/an po#c/es induding but not limited to, a prohibition against any increase in Page 3 File Number: LUAR 02-006 Merano Bay dwelling unit dens/b/exceeding ~cO in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning D/vis/on and the City's risk manager. The planning department shall a/so recommend limitations or requirements, which would have to be imposed on subsequent development o? the property, in order to comply with po#c/es contained in the comprehensive p/an. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category 1 (Saffir/Simpson Scale) hurricane; however, the applicant proposes to develop a townhouse community of only 20 units, therefore falling below the 50- unit level. Staff would recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.13.3 of the Land Use Element reads: "The City shall continue to encourage/nfl//development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Plaster P/an, and the po#des contained in the Coastal Management Element." The adoption of the ]:nfill Planned Unit Development (:[PUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Commun/b/Redevelopment P/an. The introduction to the regulations states: "Zt is a basic public expectation that landowners requesting the use o? the IPUD district w/ii develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construct/on mater/a/s, amen/t/es and landscape design. The extent of variance or except/on to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, w/ii be dependent on how we//the above stated planning expectations are expressed in the proposed development p/an." The site plan for the proposed development was approved by the Community Redevelopment Agency Board on October 8, 2002, and by the City Commission on October 15, 2002. ]:t meets the basic expectations of the code through the provision of notable architectural character that will be an enhancement to the corridor; convenient and adequate parking as well as recreational amenities for residents and guests; and landscaping that is both varied and abundant. bo Whether the proposed rezon/ng would be contrary to the established/and use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of spec/al privilege to an individual property owner as contrasted w/th the protect/on of the pub/lc we/fare. Page 4 File Number: LUAR 02-006 Merano Bay The proposed land use amendment would not create an isolated district, but would relate to the adjacent single-family residential lands to the east and will form a logical transition between that lower density residential development and the commercial development, lying to the north of the subject site, along Federal Highway. c. Whether changed or changing conditions make the proposed rezon/ng desirab/e. A number of changed and changing conditions make the proposed rezoning desirable. The ?edera/Highway Corridor Community Redeve/opment P/an, adopted by the City Commission on May 15, 2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "Encourage a variety of I~ousing. Deve/op intensity standards that a//ow for a variety of housing sty/es and types at intensities that w/ii assist in supporting the downtown and genera/economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development (IPUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the IPUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The IPUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels in exchange for a superior residential project that exceeds conventional standards. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. d. Whether the proposed use wou/d be compat/b/e with uti/ity systems, roadways, and other pub/it fad#t/es. Development of the property for residential use will reduce the demand for water and sewer capacity from the potential demands, if the property is developed with the commercial uses and intensities allowed under the existing land use and zoning. Likewise, utilizing the daily trip generation rate used by the Fair Share Road Impact Fee Schedule, the project is expected to have a total average trip generation of 140 trips per day. This is far less than the 2,623 trips per day that 61,000 sq. ft. of commercial space would generate, if the property were developed under its present land use designation. It is also less than the 500 trips per day threshold requiring submittal of a traffic impact analysis. With respect to solid waste, the SWA has stated in a letter dated December 18, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The Palm Beach County School District has reviewed the project for school concurrency and approved it. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. Page 5 File Number: LUAR 02-006 Merano Bay Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The master plan for the proposed use shows a residential development with easily accessible recreational amenities, attractive elevations and well-designed residences that will have a positive effect on adjacent residential property values. f. Whether the property is physically and economically developable under the existing zoning. Under its present land use and zoning the property could be developed for the range of commercial uses permitted in the C-3 Community Commercial zoning district which permits a maximum lot coverage of forty percent (40%) and a maximum building height of forty-five (45) feet or four (4) stories. ]:n 1998 a request for site plan approval was submitted to construct a one story, 7,234 sq. ft. retail commercial building for auto parts sales. The applicant withdrew the application prior to review by the City Commission. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed development is exemplary of the type of redevelopment and infill projects envisioned when the ]:PUD regulations were adopted in that the design well exceeds the requirements of the basic development standards as cited under the response to criterion "a#, above. This and similar developments will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites e/sewhere in the city for the proposed use, in districts where such use is a/ready a//owed. There are very few residentially designated sites in the City that provide opportunities for small to medium-sized developments of this type. CONCLUSIONS/RECQMI~I ENDATZON$ As indicated herein, this request is consistent with the intent of the ]:nfill Planned Unit Development zoning district; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that the approval of a reclassification to the Special High Density land use classification, which allows the density proposed in the site/master plan. l[f the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "C". A'I-FACHMENTS J:\SHRDATA\Planning\SHARED\WP\PROJECT~I'4ERANO BAY~LUAR\STAFF REPORT LUAR3.dOc Location Map Merano Bay ~ E ~5_-'FHJ~/E ~- RJA Z R3 "* ~C3 -- ~SITE ~ z NE 13T~ A.VE ~ 2 ----NE-1-2TH A'.,'~L~ --SEAVII -N_E~4~'FH-I~L - LAKE WORTH ICVC¢,/ BOYNTON CANALC-16 . ~SD_UZ'H' RD NE~-~TH AVE 800 i R!Dm~ RD 800 Feet Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VI.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORIVl Date Final Form Must be Turned in to CiW Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing ]~[ Legal [] Bids ~'[-'] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Public Heating. Both the Planning and Development Board (with a 5 to 2 vote), and the Commumty Redevelopment Agency Board (with a unanimous vote), recommend that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-223. EXPLANATION: PROJECT: AGENT/OWNER: DESCRIPTION: Comprehensive Plan Text Amendment (CPTA 02-001) Staff Initiated Request for modification to Comprehensive Plan Policy 1.19.2 to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations. (This amendment is in response to the objections of the State to the South Congress Residential (LUAR 02-002) application). PROGRAM IMPACT: N/A FISCAL IMPACT: - ..N/A ALTERNATIVES: .~(~v/~ N/A Develo~men't Del~artrffent Director' City Manager's Signature Planning and Zoning City Attorney / Finance / Human Resources S:LPlanningXSHARED\WP~SPECPROJZCOMP PLAN~INDUSTRIAL CPTA 02-001~Agenda Item Request Comprehensive Plan Text Amend. (CPTA 02- 001) 11-19-02.dot S:~BULLETIN~FORMS'~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE Of THE CITY COMMISSION Of THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN (POLICY 1.19.2 OF THE FUTURE LAND USE ELEMENT); SAID TEXT AMENDMENT WILL ALLEVIATE THE RESTRICTION IMPOSED BY THE CURRENT POLICY LANGUAGE THAT PROHIBITS THE CONVERSION OF LAND DESIGNATED FOR INDUSTRIAL DEVELOPMENT, IN ORDER TO MEET THE CITY'S ADOPTED HOUSING GOAL; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, staff has initiated an amendment to the Future Land Use Element to insert an additional exception to the restriction on industrial land conversions to support the City's supply of housing for current and future populations; and WHEREAS, this text amendment would alleviate the restriction imposed by the current policy language that prohibits the conversion of land designated I~or "Industrial" development, on order to meet the City's adopted housing goal; WHEREAS, the City Commission of the City of Boynton Beach adopted in 1989 a Comprehensive Plan and as part of said Plan a Future Land Use Element by Ordinance 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the Future Land Use Element contains the Section V. Land Use Supply and D.emand, and Locational Requirements, which, in part, indicates the basis for land use classifications for selected properties as shown on the Future Land Use Map; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the text of the Future Land Use Element of the Comprehensive Plan as adopted by the City herein. $:\CA\Ordinances~Planning\Congress IndusMal Park - Text Amendment.doc NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That the comprehensive Plan Policy 1.19.2 of the Future Land Use Element is hereby amended to read as follows: The City shall however that land Use provide continued effort to allow for industrial acreage; nated "industrial" on the currently adopted Future Land Map may be converted to commercial or residential desiqnations if the _generate a range of employment choices for current and future residents, provide goods and services of regional importance '-'-"' -~*'-; .... ~'"-"~' ~'o"'~ '~"'~ ...... ;~ o;,~,,~'~; ..... or, would provide opportunities for the City to meet its Ionq-ran.qe housin,q .qoals; and (ii) is based upon adequate data includinq market analysis. Section 2. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 3. Should any section or provision of this Ordinance or any thereof be declared by a court of competent jurisdiction to be invalid, ;uch decision shall not affect the remainder of this Ordinance. Section 4. Authority is hereby granted to codify said Ordinance. Section 5. The effective date of this Ordinance shall be the date a final order is issued by the Department of Community Affairs finding this Text amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or date a final order is issued by the Administration Commission finding said amendment to be in compliance in accordance with Chapter 163.3184, F.S. The S:\CA\Ordinances~Planning\Congress Industrial Park - Text AmendmenLdoc notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if dudng the 21 day pedod no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A' and made a part of this ordinance by reference. FIRST READING this __6th__ day of SECOND, FINAL READING AND PASSAGE ,2002. ,2002. this day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk ~:\CA\Ordinances~Planning\Congress Indus~al Park- Text Amendment.doc DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 02-223 (revised) TO: FROM: THROUGH: DATE: SUB]JECT: Chairman and Members Community Redewelopment Agency Board Dick Hudsor~e~ior Planner Michael W. Rumpf Director of Planning and Zoning October 23, 2002 Policy 1.19.2 (CPTA 02-00I) Request for Amendment to Text of Comprehensive Plan INTRODUCTION Staff is proposing an amendment to the Future Land Use Element of the Comprehensive Plan to alleviate the restrictions imposed by current policy language that prohibit the conversion of land designated for "Industrial" development in order to meet the City's adopted goal for housing. That goal is, "The provision of decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City." PROCEDURE This text amendment is being processed so that it can be adopted concurrently with the South Congress Residential (LUAR 02-002) amendment, a part of amendment cycle 01-2002 and is in response to a recommendation made by the Florida Department of Community Affairs (DCA) in their Objections, Recommendations and Comments (ORC) report, provided following transmittal of the land use amendment on ]july 5, 2002. Consistent with §163.3:L84, Florida Statutes, and Rule 9.1-11.01, Florida Administrative Code, the City must adopt, adopt with changes or determine that it will not adopt any large-scale comprehensive plan amendment transmitted to DCA. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT Existing Policy 1.19.2 reads as follows: "The City sha// provide continued effort to a/iow for/ndustr/a/acreage which can accommodate the approximate/ndustr/a/ernp/oyrnent which has been projected in the Future Land Use E/ernent, and prohibit conversion of/and designated "£ndustr/a/" on the current/y adopted Future Land Use Nap un/ess such conversion wou/d generate a range of emp/oyrnent choices for current and future res/dents, provide goods and services of reg/ona/ importance, and retain regiona/ fisca/ and economic significance." Page 2 File Number: CPTA 02-00:L Industrial Policy Po/icy 1.19.2 PROPOSED TEXTCstaff) (with proposed changes shown in underlined and bold text) The City shall provide continued effort to a/iow for industrial acreage which can accommodate the approximate industrial employment which has been projected in the Future Land Use Element, and prohibit conversion of/and designated 'Industrial" on the currently adopted Future Land Use Map un/ess such conversion would generate a range of employment choices for current and future res/dents, provide goods and services of regional importance, and retain regional fiscal and economic significance., or provide opportunitie~ for the City to meet it~ Ionq-ranqe housing qoals, Staff then worked with the applicant for the land use amendment to produce the text below. This was presented to the Planning and Development Board for their recommendations at their meeting of October 22, 2002. Their recommendation is to forward the revised text to the City Commission. PROPOSED TEXT (as recommended by P & D Board) Policy 1.19.1 The City shall provide continued effort to allow for industrial acreagez however, that land des~qnated "Industrial" on the currently adopted Future Land Use hlap may be converted to commerciaI or re_~idential desi_qnations if the conversion (7) would "'";-~' .......... .v..~ ~,o generate a range of emp/oyment cho/ce$ for current and future res/dents, prov/de goods and serv/ces of reg/ona/ /mportance, ................. ~ ............ or would provide opportunities for the City to meet it~ Ionq-ranqe housing ~oals; and (ii) is based upon adequate data includinq market analysis. ANALYSIS The Future Land Use Element Policy 1.].9.2 identifies several conditions that may justify a conversion of land designated "industrial" on the adopted Future Land Use Map to other uses. The conditions currently listed under this Policy clearly imply that a conversion from industrial to other commercial uses (which are not allowed under an "industrial" designation) may be warranted, while justification of such conversion to a residential use is somewhat problematic. Provision of new housing may qualify under "regional (...) economic significance", but the rationale is tenuous at best. The key issue of the conversion to residential uses is employment generation. " The objective of the amendment to the text of the said Policy is to provide an additional condition applicable for review of proposed conversions from an industrial to residential land use. Such requests have occurred in the past both within the City and within the county, and appear to constitute a regional trend, as well as reflects local policy and priorities. Page 3 File Number: CPTA 02-00:[ Industrial Policy Generally, the proposed amendment would make conversions easier to approve. Thus, arguments for the amendment revolve around two issues: · trends in industrial development and implications for employment generation, and · population trends. Zndustrial employment The comprehensive plan methodology used in 1989 to project the demand for industrial land may have resulted in overestimation of the needed acreage, although the scope of this overestimation cannot be easily measured by the current market indicators such as high vacancy rates (about 11% in the Boynton Beach market as opposed to 3% for the county as a whole). The figures were based on population projections and concurrent projections of industrial employment. As the trends in industrial markets over the past decade demonstrate, the strength of South Florida industrial markets is mainly in warehousing and distribution. The connection bet~veen employment (and population) and demand for industrial space is generally not very clear, but especially not for warehousing property, where inventory flow is much more relevant. On average, employment density is much lower for wholesale, warehousing and distribution, about 8 persons per acre, than for light industrial manufacturing, at 24 persons per acre. The chances of attracting more of the latter industries, clean and non-polluting, are much lower than attracting more warehousing/distribution uses, for which the city has advantageous location. Currently, about 69% of the total industrial built space in the city is in warehousing, storage and distribution. The above reasons do contribute to the weakening of the case of an industrial use as an employment generator, but since a potential for job creation should always be an important consideration for planning and land use decisions, requests for conversions should be reviewed carefully. Population trends The 2000 Census revealed a larger than projected population for both the City (by some 7%) and the county (6%). Over the ::[990-2000 period, both the city and the county grew by an impressive 31%. The Palm Beach County population projections for the 2010 (medium-level) are at 11% for the City and at 22% for the county (the forecasts are based on the availability of residential land and are supplied by the University of Florida's Bureau of Business and Economic Research--BEBR). Mo. reove~'~ while the 2010 population forecast for the county produced by the Department of Commerce is slightly lower at 17.3%, the county is - based on the projection - one of the six fastest growing metropolitan areas in the US. The in-migration comes from the Miami Dade and Broward counties as well as the traditional out-of state sources. Consistent long-term forecasts of a high population growth are the main reason for continuous investors' interest in vacant residential land. While economic weakness and high vacancy rates for commercial space persist, residential developments are considered, under the circumstances, less risky. They also have a potential to create demand for new or upgraded Page 4 File Number: CPTA 02-001 ]:ndustrial Policy commercial uses. As stipulated in Goal #6 of the Housing Element, the applicants requesting conversion from industrial to residential use should demonstrate that the proposed development indeed contributes to the diversification of housing in the city in terms of types and costs. RECOMMENDATION It is the recommendation of staff that Comprehensive Plan Policy 1.19.2 be amended by adding the additional criterion, "or wou/d prov/de opportunit/e$ for the C/b/ to meet/~/onq-rang~ hous/ng goa/$", as well as the requirement that the applicant supply "adequate data/nc/ud/ng market ana/y$/$"to be considered in any application for conversion of lands designated "Industrial" to another use. .]:\SHRDATA\PIanning\SHARED\WP\SPECPRO.I\COMP PLAN\INOUSTRg~L CPTA 02-001\STAFF REPORT CPTA.doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3,2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report At~'al RECOMMENDATION: Motion to approve the "sole source" purchase of emergency repairs to the Fire Ladder, Vehicle #800, from Sutphen Corporation in the amount of $29,620.00. EXPLANATION: On October 2, 2002 the Fire Aerial Ladder, Vehicle #800, was severely damaged in an accident. The platform, bucket, and one of the master stream nozzles were damaged. This vehicle operates as the only Ladder Company in the Boynton Beach Fire Rescue's emergency operations. It operates as a true aerial platform combining the ability to conduct elevated master stream operations with the ability to rescue people from above ground fires and other emergency incidents. Although Fire Department has two (2) other aerial devices in the department, they are shorter and do not have a platform capability. The platform is essential in rescuing people from places such as multi- level buildings, water towers, and tall trees. It is important to have this Fire Aerial Ladder vehicle fully operational to meet potential fire rescue needs, therefore this purchase was processed as an emergency purchase under the provisions of APM 10.10.01 - Procedure for Emergency Purchases. PROGRAM IMPACT: This is the only platform Fire Apparatus Vehicle in the fleet. This platform, although not used often, is essential to the operational requirements for fire rescue. FISCAL IMPACT: Due to the nature of the accident the Risk Management Division budget will fund the repairs as self insured. Account Description Self Insurance - Auto Physical Damage Deputy Director of Financial SerVices Account Number Amount $22-1710-$19~~~ 2~~9,620.00 City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:XBULLETINLFORMS~GENDA ITEM REQUEST FORM.DOC FIRE RESCUE MEMORANDUM RECEIVED OCT 172002 ~II~OCU REM ENT SERV~ TO: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director David Liu, Deputy Chief of Operations October 17th, 2002 Emergency Repair - Vehicle # 800 Platform Vehicle #800 (Truck 3) operates as the only Ladder Company in Boynton Beach Fire Rescue's emergency operations. It is a true Aerial Platform, combining the ability to conduct elevated master stream operations with the ability to rescue people from above ground fires and other emergency incidents. While we have two other aerial devices in our department, they are much shorter in length and do not have a platform at the tip. This platform, while not used often, has no substitute when needed to rescue people from places such as multi-story buildings, water towers, and tall trees. The platform and one of the master stream nozzles was severely damaged in an accident on 10/2/02. All Risk Management paperwork, photographs, and Boynton Beach Police reports have been completed. I worked with Fleet Maintenance and our contract fire repair vendor to get the repair quote from Sutphen Corporation, in the amount of $29,620.00. This quote includes all parts, labor, on-site installation, and post repair certification testing. This is a sole source repair. Sutphen Corporation will not sell the platform repair parts to an outside vendor to install due to liability and quality control concerns. C: William Bingham, Fire Chief Fire Battalion Chief's Office Fire Captain's Office SUTPH E N' FAMZLY OWNE~ SINCE t890 (~tober 8, 2002 Dep. Chief David Liu Boynton Beach Fire & Rescue 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 ~ear Chief Liu: Following our conversation, regarding your Z990, Sutohen Aerial Tower, IlS 2457, I'm pleased to quote the repairs you've requested. During our conversation, I ex- plained that Sutphen Corporation is the sole source for certain parts, including the bucket and.yoke. This is due to the liability associated with the manufacture and their installation. The repairs Include: replacing the bucket, yoke, two (2) bucket cylinders and one (1) turret gun. The total price Jnduding the parts, labor, shipping and travel expenses is, $29,620.00. With your authorization, the parts will be manufactured in the next few weeks and travel anangemenl~ wiiJ _be completed. If you have any questions or need any further information, please feel free to contact Respectmlly subm ted, Service Manager JR:kr Sutphen Corporation 7000 Columbus-MarysviLle Road Amlin, OH 43002 Tel 614 889-1005 Toll Free 800 848-5860 Fax 614 ~89-0874 Web w~vw. sutphen.com Ematl sutphen@~utphencorp.com TO: FROM: RE: DATE: MEMORANDUM Fleet Maintenance Supervisor Pam Webb, Insurance Claims Specialist Vehicle # RECEIVED OCT * pROCUREMENT SERVICE~ Please provide Risk Management with the following repair/replacement costs regarding the incident described above: Administrative Cost Cost of Labor Cost of Materials If replacement necessary Estimated cost of replacement TOTAL REPAIR/REPLACEMENT COSTS Account number to Replenish Reference Job Order Job Any written documentation of the above costs should be attached to this report. Requisitions, work order and/or 121 forms should be forwarded to risk management for initialing and account number. Thank you for your prompt attention to this matter. Report provided by , _~,~/~ Department Signature Date Awarded to: ~"~,, '~ k~'~ S.~PW~orms~Memo from Risk - Accident Info. doc V L-CONSENT AGENDA TTEM B.2. CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FO x v, Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to Cit', Clerk*s Office ] August 6,2002 July 17, 2002 15:00 p.m.) ] October 1,2002 September 16, 2002 (Nooni ] August 20.2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) ] September 3, 2002 August I% 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) ] September 17, 2002 September 3, 2002 (8:00 a.m.} [~ Nov~mir~' 19, 2002 November 5, 2002 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to award and authorization to execute by resolution a contract in the amount of $212~;792~51)¢~jto Chaz Equipment Company, Inc. of Wellington, Florida as the successful bidder under Bid N ~.~002'~13- 03/CJD for the NE 19TM Avenue Sewer and Water Main Replacement Project. The Contract amount has two (2) components, the Chaz bid summary of $189,792.50 and an owner's contingency amount of $30,000.00 thus establishing a total project budget appropriation in the amount of $219,792.50. This project provides for the installation of a new 8" sanitary sewer collection system with piping and structures and for the installation of a new 6" water main and service connections. EXPLANATION: The sanitary sewer adjacent to the easement north of NE 19TM Avenue, between NE 1sT Street and NE 1sT Way has, on numerous occasions, backed up and frequently requires cleaning and maintenance to maintain flows. Additionally, the existing sanitary sewer line is shallow and is located in a utility easement that makes it difficult .to maiptain the system. This project will relocate the existing sanitary sewer line into the swales in the front of the houses and will place it at the appropriate depth. In order to construct the necessary sanitary sewer improvements, the existing asbestos cement 6" water main must be relocated to comply with the Palm Beach County Health Department regulations for proper separation of a sanitary sewer and water main. Additionally, due to the construction of the sewer and water mains, the project will also construct improvements to the swales to better the area's stormwater management. S:'BULLETIN',FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: This project will eliminate a recurrent maintenance problem for the City by relocating the sanitary sewer system to the front of the properties and by adding manholes to facilitate ease of maintenance. Additionally, by replacing the existing asbestos cement water main with ductile iron pipe, it will assist the City in the current upgrading of our older water distribution system. Having combined the sanitary sewer, water main and stormwater management components into a single project, there will be significantly less disruption and impact on the area's residents. FISCAL IMPACT: The project is funded from the Utilities Department account 405-5000-590-96-04 (SWR064) for the sanitary sewer and 405-5000-590-96-02 (WTR109) for the water main. ALTERNATIVES: With the reoccurring health and safety issues coupled with the continued maintenance of the old, minimally functioning sanitary sewer system, there are no alternatives)to executing this project. J- Department Head'~ISignature City Manager's Signature Utilities Department Department Name City Attorney / Finance / Human Resources cc: J. Guidry R. Kenyon M. Law B. Conboy S:',BULLETIN'~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR THE NE 19TM AVENLqE SEWER AND WATER MAIN REPLACEMENT PROJECT (BID #002-2413-03/CJD) TO CHAZ EQUIPMENT COMPANY, INC., OF WELLINGTON, FLORIDA, IN THE AMOUNT OF $219,792.50; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND CHAZ EQUIPMENT COMPANY, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 15, 2002, bids were opened for the NE 19th Avene sewer and water main replacement project and Chaz Equipment Company, Inc., was selected as the most complete and responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for the NE 19th Avenue Sewer and Water Main Replacement Project to Chaz Equipment Company, Inc., in the amount of $219,792.50. A copy of the Contract is attached hereto. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS day November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) s:Reso~Bid Award\Chaz Equipment Commissioner BID NUMBER: PROJECT NUMBER: BID TITLE: CONSTRUCTION OF NORTHEAST 19TM AVENUE SANITARY SEWER MAIN REPLACEMENT AND WATER MAIN REPLACEMENT #002-2413-03/CJD SWR064 AND WTR054 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this day of ., 20 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and CI-IAZ EQ111PMENT CCL: INC.~. a Florida Corporation (_X__) a Florida General Partnership ( ) a Florida Limited Partnership (__) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESSETH Ao The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: CONSTRUCTION OF NORTHEAST 1 {)TH AVENUE SANITARY SEWER MAIN REPlJAC. EMENT AND WATER MAIN RF, PI,AC. EMENT Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 15th day of Octoher; 21)_02, for the total bid amount of $21~292.5~ Co On the 19th day of November, ~ the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. The Parties .agree ~at the Project is scheduled to be completed within l_21Lcalendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C-1 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) 1.1.5. Unless otherwise provided, all time frames referenced in all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.l. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. 2.2.6. 2.2.7. 2.2.~. 2.2.9. 2.2.10. 2.2.11. 2.2.12. 2.2.13. 2.2.14. Advertisement for Bids Instructions for Bidders Bid Proposal Bid Bond General Conditions for Construction (GC) - all references to "GC" shall be to section numbers Construction Contract Certificate of Insurance public Construction Bond Letters of Credit Technical Specifications Contract Drawings and Plans Addenda Written directives or interpretations Manufacturers warranties c-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Fumish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. Guarantee all work and materials for a period of one (1) year. Upon receipt of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by CITY. 3.1.6. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.9. Perform such other tasks as set forth in the Contract Documents. c-3 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 120 calendar days following the commencement date as specified in same. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and..addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. c-4 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $25fl,flfl per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within 120 calendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate c-5 CONTRACTOR to comply with the foregoing indenmification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indenmification provision, and the insurance provision contained in the General Conditions for Construciton are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). 10.2. All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. 11.2. The .Projec[Engineer ("Engineer") is Eanltlemin~ The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of C-6 the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE 14.1. Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. 15.2. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available t6 CONTRACTOR shall be by extension of the time allocated to complete the project. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR 1N ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. C-7 CONTRACTOR hereby acknowledges that he has read and understands the above provision. INTIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (GC 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence off CITY OF BOYNTON BEACH, FLORIDA Attest: Mayor Approved as to Form: City .Clerk.. City Attorney Signed, sealed and witnessed in the presence off CHAZ EQUIPMENT CO., INC. President or Vice President C-8 Attest as to CONTRACTOR State of Florida County of Palm Beach ) ) SS' ) On this day of ., 20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: Notary Public C-9 TO: THROUGH: FROM: PROJECT: SUBJECT: CC: Utilities Department City of Boynton Beach Project Management Team Interoffice Correspondence Bill Atkins, Assistant Director Finance / Procurement Agent Dale S. Sugerman, Assistant City Manager Paul Fleming, Senior Project Manage DATE: October 17, 2002 PHONE: 6456 PHONE: 6487 NE 19TM Avenue Sanitary Sewer and Water Main Replacement Recommendation of Construction Contract Award File: 2.1 R. Kenyon M. Law B. Conboy This office has reviewed the bid tabulation sheet and related information for the subject bid and hereby recommends Contract award in accordance with the following data. An Agenda Item Request for the November 19, 2002 Commission Meeting is attached. Project Name: NE 19TM Avenue Sanitary Sewer and Water Main Replacement Recommended Contractor: Chaz Equipment Company, Inc. under Bid No. 002-2413-03/CJD Award Amount: $189,792.50 with an Owner's contingency amount of $30,000.00 for a total budget appropriation of $219,792.50. Account Numbers: 405-5000-590-96-04 (SWR064) for the Sanitary Sewer 405-5000-590-*96-02 (WTR109) for the Water Main Verification of Contractor Responsibility: Compliance with Plans and Specifications: The recommended Contractor, Chaz Equipment Company, Inc. of Wellington, Florida is currently under Contract with the City for the San Castle Water System Improvements project. No exceptions were taken to the Contract Documents. A Pre-Award meeting was held with the recommended Contractor to verify the Contractor's understanding of the project and their ability to meet the required schedule. Client Office Concurrence: Bid results were discussed with both Robert Kenyon and Mark Law, Deputy Directors, Utilities. Both have indicated their concurrence with this award recommendation to Chaz Equipment Company, Inc. t'- THE D 0 C UMENTS BEHIND THIS PAGE MUST ACCOMPANY PR OPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND/1 CCEPTABLE Submit Bids To: Mailing Date (City): Bid Title: Bid Number: BIDDER ACKNOWLEDGEMENT PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 September 9, 2002 CONSTRUCTION OF NORTHEAST 19TM AVENUE SANITARY SEWER MAIN REPLACEMENT AND WATER MAIN REPLACEMENT ~q302-2413-03/CJD Bid Received By: OCTOBER 15, 2002, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid r-'eiving date and time is scheduled for: OCTOBER 15~ 2002~ no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: (_05 "' A Corporation of the State of: Area Code: 5(491 Area Code: 5(~i Mailing Address: City/State/Zip: Vendor Mailing Date: Au~Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL BA- 1 DFB31003697469.doc_J022530041 ADDENDA BID TITLE: BIDDER: DATE SUBMITTED: CITY OF BOYNTON BEACH FLORIDA CONSTRUCTION OF NORTHEAST 19Tn AVENUE SANITARY SEWER MAIN REPLACEMENT AND WATER MAIN REPLACEMENT We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CH2M HILL (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these propose to perform the work of this Project according to the following addenda which we have received: specifications to do so), we Contract documents and the ADDENDUM DATE ADDENDUM DATE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-1 DFB31003697469.doc/022530041 BID PROPOSAL The Bidder agrees to accept as full payment for the: CONSTRUCTION OF NORTHEAST 19TM AVENUE SANITARY SEWER MAIN REPLACEMENT AND WATER MAIN REPLACEMENT BID #002-2413-03/CJD Scope of Work: Replacement of 690 linear feet of 8-inch gravity sewer serving the project area to include swale improvements. Also includes replacement of 660 linear feet of existing 6-inch st diameter, asbestos concrete water mains along NE 20t~ Avenue and NE 1 Way. The location of the project is NE 19th Avenue to the South; NE 1st Way to the East; NE Ist Street to the West; and NE 20u' Street to the North. TOTAL PROJECT SUM and 'w~;, '~'"~"' ~.-e (amount written in ds has cedence) Dollars Cents The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall complete the work within 120 calendar days after the commencement date. __ Original and two (2) copies of bid submitted. V/ Attached is a computer generated horizontal work. bar chart showing proposed schedule of Schedule of Subcontractors submitted. Site Inspection Form submitted. Evidence of possession of required licenses and/or business permits submitted. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP- 1 DFB31003697469.doc/022530041 The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. Date (Name of bidder,~r~oration, Firm or-Individual5 By ~'~gnature Title Telephone Number Florida Contractor' s License Number Ct..-[-` COSt"/ tO ~ THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP - 2 DFB31003697469.doc/022530041 SCHEDULE OF BID ITEMS 19th AVENUE SANITARY SEWER AND WATER MAIN REPLACEMENT .: ~iD#002:2413,03/cjD' · . GENERAL REQUIREMENTS Item Quantity Unit Unit Price Mobilization, Demobilization, Bonds, Insurance and General Requirements 1 LS Subtotal - General Requirements Extended Unit Price $ QOCO, ~ SCHEDULE A - WATER MAIN REPLACEMENT (Thickness Class 50) 2 6-inch CL DI Pipe - push-on joint, Thickness Class 50 Trench Safety System for OSHA Compliance 1,380 LF 6-inch RJ Gate Valve and Box 9 EA $ , s q'--/-/o, CL-350 DI Restrained Joint Fittings 0.360 6-inch Cut-in Tee Connection to Existing System - including plugging and abandonment of existing mains E^ s~Co,~ 6-inch ACP to DIP Connection to Existing System - including plugging and abandonment of existing mains 3 EA $'~ o~OC),6b 6-inch Fire Hydrant - including removal, cleaning and delivery of the existing hydrant to Owner " 1 EA $ ~4'~'-I ~"',(:~ Sampling Points (Temporary) 2 10 Sampling Point (Permanent - replaces one temporary sampling point) t E^ ~ 1:~'7~,'= DFB31003697469.doc/022530041 11 12 SCHEDULE OF BID ITEMS 19th AVENUE SANITARY SEWER AND WATER MAIN REPLACEMENT ~BID #1~02'2413'03/CJD Single Water Service Connections - complete with meter box Double Water Service Connections - complete with meter box 13 14 15 Service Connection Piping - 1 inch 30 LF $-- '-'"~r~ Service Connection Piping - 1 1/2 inch ,oo ~ ~11' 5o s I 1 5o, ro Asphalt Patch (Trench Repair) ~ ~OCO' ~ 16 Asphalt Overlay 1,260 Subtotal Schedule A SCHEDULE B - SANITARY SEWER REPLACEMENT 17 18 8-inch PVC C-900 DR-18 Pipe ~o Removal and Disposal of Abandoned 6-inch Asbestos Concrete Pipe 400 LF $ 5' I~ 19 2O 21 Manhole, up to 5 feet deep Manhole, from 5 to 10 feet deep Manhole, from 10 to 15 feet deep - including double outside drop assemblies 1 EA SL'1 DFB31003697469.doc/022530041 22 SCHEDULE OF BID ITEMS 19th AVENUE SANITARY SEWER AND WATER MAIN REPLACEMENT ~ ':: :: :?~BID #002.24i3-0~/CJD :' Single Sewer Service Connections : qq~o,~ 23 Double Sewer Service Connections 24 6-inch PVC service, DWV ~o :~ : I~,':::' :: 1o,fl~'~ 25 Concrete Driveway Replacement ~'O' ~:~._ CoO' 26 Sidewalk Replacement Subtotal Schedule B 5O SY SUMMARY AND BASIS OF AWARD Subtotal: General Requirements Subtotal: Schedule A Subtotal: Schedule B Contingency Allowance $30,000.00 GRAND TOTAL FOR PROJECT (Enter Amount on Page BP-l) PAGES 1-3 OF "SCHEDULE OF BID ITEMS" TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFB31003697469.doc/022530041 BID BOND STATE OF FLORIDA ) COUNTY OF PALM BEACH ) KNOW ALI. MEN BY THESE PRESENTS, that as Principal, and , as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated ,20 , for: CONSTRUCTION OF NORTHEAST 19TM AVENUE SANITARY SEWER MAIN REPLACEMENT AND WATER MAIN REPLACEMENT NOW THEREFORE, A. If the principal shall not withdraw said Bid within ninety (90) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above 6bligati6ns shall be void and of no effect, otherwise to remain in full force and effect. DFB31003697469.doc/022530041 BIB- Bo In the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this ~ day of , being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: Name of Firm WITNESS: Signature of Authorized Officer (affixed seal) Title Business Address City and State DfB31003697469.doc/022530041 BIB - 2 SURETY: Corporate Surety WITNESS: Attorney-in-fact (affix seal) Business Address City State Name of Local Insurance Agency DFB31003697469.doc/022530041 BIB- 3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, f2 _~J 2.~ {31P~ lC~ ~ ify that I am the Secretary of the Corporation named as Principal in the within bond; th t~_~l~Cl. C~Tl::~'\~.l~(.~, who si~:ned the said ,---"~, _ e3. - '-' __ Bid Bond on behalf of the Principal, was then .-~. ~ ~'~ of said Corporation; that I know has signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by uthorit of its ovemi body. ' /Secretary. t ~ ' ! ]' (C°rp~rate seal) STATE OF FLORIDA COUNTY OF PALM BEACH Before me, a Notary Public duly commissioned, qualified and acting, personally appeared ,<.~, ,_~ ._ _O(1 '~_1 to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the~cJd~"7__ ~'~Lt ~~ ('t3t, D and that he has been authorized by 23,.a.-d__ lvmorx+ to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. DFB31003697469.doc/022530041 BIB- 4 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information 1. Name of Bidder: 2. Business Address: o When Organized: Where Incorporated: How many years[h~ve, you been ~ngaged in the contracting business under the present fi~ name? ~ General character of work peffo~ed by your company. 8. 9. 10. 11. Enclose evidence of possession of required licenses and/or business permits. Number of'emplOyees. Background and experience of principal members of your personnel, including officers. * Bonding capacity, lC) Have you ever defaulted on a contract? If so, where and why?* (~(~'3 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ- I DFB31003697469.do~022530041 STATEMENT OF BIDDER'S QUALIFICATIONS continued ...... 12. Project Experience in performance. $ Value Contact Name Phone # 13. 14. Contracts on hand.* O~ ~O_.kF:~ Largest completed projects (include final cost). 2) 3) 15. List all lawsuits (design and/or construction related) or arbitrations to which you have been a party and which: * 1) arose from construction projects: * 2) occurred within the last 4 years: * 3) provide case number and style: * Dated at: this i~ day 20 By: 90vrittE'ffsignature) Name: ~ {2~ 1~..~ ' (p~nted or~yped) Title: ~ }~¢v. 05/30/02 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ- 2 DFB31003697469.doc/022530041 BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: CONSTRUCTION OF NORTHEAST 19TM AVENUE SANITARY SEWER MAIN REPLACEMENT AND WATER MAIN REPLACEMENT BID NUMBER: #002-2413-03/CJD DATE: Before me, the undersigned authority, authorized to take acknowledgements personally appeared: ~k'~t£_-'l'Tt_lT~ ~k.)'~(-~t{-l'" as an authorized representative of: C~ki:~'7_.. ~2~.Lt~t .Pm~i?f' ~ "~f~ (hereinafter called the bidder)located at ~ r-~_(~X~e-..~{? ~.x'~(::, ~ :4b~: (.~{'~ ('~t ~i'/A- '2~..~! c~ and that said bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. CITY EMPLOYEE SIGNATURE DATE OF INSPECTION DFB31003697469.doc/022530041 BSI- 1 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER oun y oC 0 - i) , being first duly sworn, deposes and says that: He is . iC~Jf' of ~'~.~_ ? ~2L~,P~ ~ _.L.C~ , (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 overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure thra~h any c_ol_U.lusion, t:onslligacy, connivance or unlawful agreement any advantage against the( '75-~ ~ _~lfY4.~ ~ (Local Public Agency) or any person interested in the proposed ~ontract; anc[ 5) The price or prices quoted in the attached bid are fair and proper collusion, conspiracy, connivance or unlawful agreement on the part agents, representatives, owners, employees, or parties in interest, inch are not tainted by any bidder or any of its and/ t o/q the li~this a~ OFB31003697469.doc./022530041 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NCA - I MY COMMISSION # CC!i04425 II ~ EXPIRES: Janu~ 23, ~X)4 Ii Subscribed and sworn to before me This [5 day of _(_~"['-~.~O_.~ , 20° ~" My commission expires ~ ~'~, ,.-~O'~ C ,/ ,/ ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kic cback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of t~/o4 orporation. / By: /i~_,.~_! ~ IGNATURE Sworn and subscribed befor~me, ~ this I ~' day of LL~-E:~De.j~ , 20Oc9 NoTtAR~ PUBLIC, State'o~f'Flo/~ at Large ~// Printed Information: TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AKA- 1 DFB31003697469.doc/022530041 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. (~ AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 DFB31003697469.doc/022530041 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementatiofl of thi~ section, t~ m~i As the person authorized to sign the statement, I certify m co y with the above requirements .... V~ndor' s Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW- I DFB31003697469.doc/022530041 TRENCH SAFETY ACT AFFIDAVIT On October I, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S. 1926.650, as Florida's own standards. The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN TIlE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BD PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WlI.I. NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. DENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT 1T WITH THEIR BID DOCUMENTS. Na~ne of Pro/~1 ~ A~l. thorized/gignature of Proposer . . *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description ' Unit~' Quantity Unit PriceExtended Price Method L:, O THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA- 1 DFB31003697469.doc/022530041 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. o o Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~ AUT GNATURE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPC - 1 DFBJ1003697469.doc/022530041 © 0 0 o 0 (3) (.iD O3 0 0 STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your Bid # 002-2413-03/CJD for CONSTRUCTION OF N.E. 19TH AVENUE SANITARY SEWER MAIN REPLACEMENT & WATER MAIN REPLACEMENT because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES NB-1 DFB31003697469.doc/022530041 VI']'.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October l, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to recommend CH2M HILL for the design and construction administration of the interior expansion for the Senior Center facility at a cost of $12,000.00. EXPLANATION: Engineering Department received two (2) quotations for the engineering design and construction administration services for the interior expansion of the Senior Center. Quotations were received from CH2M Hill, the original engineering firm for Phase I of the Senior Center, and Steven Boruff AIA who designed the expansion for the exercise room. The current work is for approximately 1,500 square feet of interior renovations consisting of an exercise room, computer room, two offices, hallway, and small lobby. Based on the quotations, CH2M Hill is being recommended. Although under the bid threshold amount, it is being presented to Commission due to the necessary signing of the agreement. Procurement Services recommends Commission's review, evaluation, and approval. PROGRAM IMPACT: As additional funding has become available through grants, the interior of the Senior Center is being renovated to meet the program needs of senior citizens. FISCAL IMPACT: Funding is available in the FY2002/2003 budget as follows: Account Description Account Number Building Renovations 105-3256-513-62-01 '~'~)~puty Director of-Financial Service/ ~/ Procurement Services Department Name Amount $ 48,000.00 City Manager's Signature City Attomey/ Finance / Human Resources cc: Jeff Livergood Wally Majors SSBULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PROPOSAL OF CH2M HILL FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION OF INTERIOR EXPANSION FOR THE SENIOR CENTER FACILITY IN THE AMOUNT OF $12,000; AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE PARTIES BY THE CITY MANAGER, AND PROVDING AN EFFECTIVE DATE. WHEREAS, the Engineering Department received two quotations for the ;ngineering design and construction administration services for the interior expansion of the Senior Center; and WHEREAS, upon recommendation of City staff, the City Commission deems it to be in the best interests of the citizens and community to approve the proposal submitted by CH2M Hill in the amount of $12,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section 2. The City Commission of the City of Boynton Beach, Florida, approves-the proposal of CH2M Hill for the design and construction administration of the interior expansion of the Senior Center, in the amount of $12,000, and authorizes the City Manager to execute an Agreement, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. S:\CA\RESO~Agreements\Bid Awarcls\CH2M HILL Proposal Award.doc PASSED AND ADOPTED THIS day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S:\CA\RESO~Agreemenls~Bid Awa~s\CH2M HILL Proposal Award.doc CONSULTANT AGREEMENT FORM FOR CONTRACTUAL SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CIt2M Hill, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform Architectural~ En~ineerin~ Desi~,n and Construction Administration Services in connection with the project designated as Senior Center Interior Renovations. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. o TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement by 180 days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $12~000.00 without express written modification of the agreement signed by the City. bo The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Co Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. do Payment as provided in this section shall be full compensation for work performed, services rendered.0.nd for all materials, supplies, equipment and incidentals necessary to complete the work. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-1 o o o o o OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising fi'om injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA-2 1 l. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the fight to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. bo In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Bill DeBeck Notices to Consultant shall be sent to the following address: CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this __ day of ,20__ CITY OF BOYNTON BEACH Mayor Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 TO: FROM: DATE: RE: DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-000 Bill Atkins Deputy Finance Director/Purchasing Agent Bill DeBeck~ Project Manager October 18, 2002 SENIOR CENTER EXPANSION Attached are two proposals for consultant services for the design/construction of the interior expansion of the Senior Center facility. It consists of an exercise room, computer room, two offices, hallway and small lobby. Prices are: 1. CH2MHILL $12,000.00 2. StephenBoruff& Assoc. $13,000.00 These are the two firms that have done previous work on the center and are most familiar with it so I did not think a third company would be competitive. Please prepare a contract to CH2MHILL and place on the next Commission agenda. The Account Number is 105-3256-513-62-01. WMD/ck Attachments OSSenior Center Expansion, Memo to B. Atkins.doc September 30, 2002 DRAFT q City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Attention: Bill DeBeck Reference: Semor Citizens Center Interior Renovations Dear Mu-. DeBeck: We are pleased to submit the following proposal for Interior Renovations ~r the Sen/or Citizens Center Building. Pro, iect Description: Architectur',d and Engineering Design and Construction Administration St 'vices limited to approximately 1,500 square feet of interior renovations (including compu~ r room, exercise room and two offices) at the existing Senior Citizens Center Building. Ae TASK 1 - Desig~Construction Documents: Provide drawings and specifications for the renovations including architec aral, mcchamcal, plumbing, electrical and minor structural engineering. A meeting with cit' staff will be held to review and finalize the con.~truction documents. NOTE: Fire Protection Engineering is not in the contract (N.I.C.) and is L .lng provided Under another contact. Lump Sum $8,000 TASK 2 - Bid Documents: Distribute bid documents and assist the City in answering questions, Prepare addendums and assist City in bid analysis and recommendations. Lump Sum $1,200 i TASK 3 - Construction Phase Services (4 month construction) Conduct a pre-construction meeting. Attend monthly progress -on site review meetings. Provide shop drawing review and processing and review monthly pay applications. Conduct substantial and final completion inspections. Lump Sum TA~K 4 - Additional Services: As mutually agreed to. $2,800 Schedule: Commence services immediately upon authorization and complete Design/Construction Services with 3-weeks (21 days). Bidding to be 4-week bid l~riod and construction is estimated At four (4) months. C. Compensation: Total lump sum amount for this work authorization is Twelve Thousand I 31{uxs ($ i 2,000.00). Invoices will be on a monthly basis for services provided. APPROVAL OF scoPE & FEES CITY OF BOYNTON BEACH, FLORIDA TOT~a . SUM CH2MI-III $I2,000 By: -'- By: Title: Tide: Date: Date: __ i II II il II CH2MHILL To: Company': Fax No.: Voice No.: Message: Bill DeBeck From: Tom )dowski City of Boynton Beach Date; Octol ~r 1, 2002 (561) 742-6285 Total Pages: 4 Affachecl is our 'Draft" Proposal for Senior Citizens Center - Interior F anovations WP8 Tel $1~24 Fax Plato call if pages -,re missing or Illegll)~B or If l~:)u rlr. llvll this fix ri ~r. 16 October 2002 Mr. Bill DeBeck, Project Manager City of Boynton Beach Engineering Department 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 Re.' City of Boynton Beach Senior Center Renovations Boynton Beach, Florida Proposal No. P02-073 Dear Mr. DeBeck: We are pleased to submit this proposal for providing professional architectural and engineering services relative to the design, bidding and contract administration services for the proposed renovations to approximately 1500 square feet of interior space at the Senior Center in the City of Boynton Beach, Florida. We understand this renovation will create a new exercise room, computer lab, office space, exit corridors and conversation of an existing vestibule into additional offices. We would be able to start on this project immediately based upon approval of this proposal. Our scope of services for this project will include the following: 1.0 SCOPE OF SERVICES 1.1 Development of Preliminary Design documents based on the space program provided by the Engineering Department and the User Group. 1.2 Development of Construction Documents illustrating the architectural, mechanical and electrical engineering aspects of the project based on the approved Preliminary Design. 1.3 Assist the Owner in obtaining a permit for construction from the City of Boynton Beach Building Department. 1.4 Assist the Owner in obtaining bids from pre-qualified General Contractors. 1.5 Review and. approve or take appropriate action upon the Contractor's submittals s{~ch as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with the Drawings. STEPHEN ~]ORUFF, AIA ARCHITECTS + PLANNERS, INC. 901 NORTHPOINT PARK'Yr/Ay, SUITE 101 WEST PALM ~]EACH FLORIDA 33407 PHONE 561-471-8520 FAX 561-471-8539 AA C002226 16 October 2002 Mr. Bill DeBeck, Project Manager Page Two 1.6 Review and certify the amounts due the Contractor and issue Certificates of Payment in such amounts. 1.7 Conduct a close-out and final inspection of the project to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the punch-list submitted by the Contractor of work to be completed or corrected. 2.0 COMPENSATION: 2.1 The services described above shall be performed on a FLxed Fee Basis of Thirteen Thousand Four Hundred Dollars ($ 13,400.00) based on the following payment schedule: Preliminary' Design $ 1,500 Completion of Construction Documents $ 8,900 Bidding $ 750 Construction Administration $ 2,250 Total $ 13,400 2.2 Reimbursable expenses such as printing, travel, meals during travel, telephone and postage will be billed at their direct expense. 2.3 Payment is due when the invoice is rendered and is delinquent after thirty (30) days of receipt, when an additional charge of I 1/2% per month simple interest will be added. If you have any questions regarding the contents of this proposal, please call my office. We look forward to working with the City of Boynton Beach and towards the successful completion of this project. Your signature on the space provided below will act as our notice to proceed. S~ely,, // / ~ . -~ //' Architeclt SLB/en Approved By: Date: Stephen L. Boruff, AIA Architects + Planners, Inc. 901 Northpoint Parkway, Suite 101 West Palm Beach, Florida 33407 Phone: 561-471-8520 FAX: 561-471-8539 E-Mail: flussier@sba-arch.com LETTER OF TRANSMITTAL Date: 10.17.02 Attention: Bill De. Beck Engineering Department Re: Boynton Beach Senior Center TO: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL We are sending you: EShop Drawings Specifications Attached Prints Copy of Letter Under separate cover via the following items: Plans ~ Samples Change Order Copies Date 'r No. 1 10/17/02'01-040 :Letter of Proposal for Boynton Beach Senior Center Renovations 1 11/16/98 i Gee and Jenson's Engineers + Architects + Planners, Inc. i Original Construction Documents for the Boynton Beach Senior Center These are transmitted as checked below: E~ For Approval [--'1 Approved as submitted r-'] Resubmit ~ copies for approval ["-] For Your Use r'-] Approved noted E~ Submit~ copies for distribution r~ As Requested r'-I Returned for corrections r-~ Return ~ corrected r'-] For Review & Comment E~ prints E~] For Bids Due E~] Prints Returned After Loan To Us Remarks: Copy To: Signed: Francis Lussier VII.-CONSENT AGENDA ITEM B.4 CITY OF BOYNTON BEAC1 AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6,2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19. 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans ~ Consent Agenda [] New Business [] Public Hearing [] Legal ~ Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award the bid for: "PURCHASE OF ONE (1) NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF CONTAINED VACUUM UNIT" Bid# 078-2821-02/CJD, to VACUUM SOURCE, INC. of Greer, South Carolina in the amount of: $24,950.00. EXPLANATION: On August 27, 2002, Procurement Services opened four (4) proposals for the above referenced bid. After review and evaluation, it has been determined to award this bid to Vacuum Source, Inc. as they were the lowest, most responsive, responsible bidder who can provide this piece of equipment. John Guidry, Utilities Director concurs with this recommendation per attached memo #02-162. PROGRAM IMPACT: The purpose of this generator is to be used for dewatering medium sized (3" & 4") main breaks under pressure; performing valve and meter repairs/replacements (some under pressure), potholing, valve and meter pit cleaning. This unit replaces a unit that is rusted, worn and in overall poor condition. FISCAL IMPACT: GENERAL EQUIPMENT: 401-2810-536-64.02 Del~uty ISirector of Financial Services t t Procurement Services Department Name BUDGETED AMOUNT; City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETINXFORMSkAGENDA ITEM REQUEST FORM.DOC C: Barb Conboy - Administrative Coordinator Dora Formanek - Utilities File TO: FROM: MEMORANDUM Utilities #02-162 Bill Atkins, Proctffern~nt~e~ice~s John A. Guidry, Utilities Director RECEIVED OCT 2002 DATE: October 23, 2002 SUBJECT: Recommendation of Award - Bid #078-2821-02/CJD Purchase One New and Unused Portable, Trailer Mounted, Self Contained Vacuum Unit On August 27, 2002, Procurement Services received and opened four bids for the purchase of a new and unused portable, trailer mounted, self-contained vacuum unit. These bids ranged from $24,950 - $33,950 for the base units. The Utilities Department recommends awarding the bid to Vacuum Source, Inc., of Greer, South Carolina. Vacuum Source, Inc. is the manufacturer of the "vaXcavator" and was the most responsive, responsible bidder. This vacuum unit will be used for dewatering medium sized (3" & 4") main breaks under pressure, performing valve and meter repairs/replacements (some under pressure), potholing, valve and meter pit cleaning. This replaces a unit that is rusted, worn, and in overall poor condition. This capital purchase was approved in the 2001/2002. Funds are available in account #401-2810-536-64.02 in the amount of $35,000. Please place this award recommendation on the next City Commission agenda for Commission approval. If additional information is needed, please contact Bob Kenyon at ext. 6402 or Fred Ireland at ext. 6418. /gb Attachment ~t Xc: Dora Formanek Fred Ireland Barb Conboy OCJO .~.00 ~mm ?zz ffi 0 0 Z m ~oo ~mm zz ~ _~m ~ rn -OC ffi C: Z -,-I m rn 0 Z Z ITl BIDDER ACKNOWLEDGEMENT Submit Bids To: Mailing Date (City): Bid Title: Bid Number: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Flor/da 33425-0310 Telephone: (561) 742-6323 AUGUST 2, 2OO2 PURCHASE OF ONE (1) NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF CONTAINED VACUUM UNIT #078-2821-02/CJD Bid Received By: AUGUST 27, 2002, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: AUGUST 27, 2002, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: 36-1 45-811 0 A Corporation of the State off South Telephone Number: FAX Number: Area Code: 888 Area Code: 864 Mailing Address: City/State/Zip: Vendor Mailing Date: Vacuum Source Inc, 1700 South Greer SC. Carplina 873-7539 801-8696 Highway 14 29650 Author/zed Si~mre ~/ Randy Sawyer Name Typed 8/20/02 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 15 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 8/20/02 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum off ONE (1) NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF CONTAINED VACUUM UNIT: $ 24,950.00 TOTAL AMOUNT ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product/service will be completed/delivered within 30 calendar days from the date of the Purchase Order from the City. Number of Bid Proposals submitted Specification "check-off' sheets (Pages 3 - 5) submitted Y Yes/No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 Bid Proposal Continued ..... Vacuum Source Inc. MANUFACTURER Vacuum Source Inc. COMPANY NAME (888 ) 873-7539 TELEPHONE NUMBER vaXcavator VT500D MODEL Randy Sawyer PRINTED NAME General Manager TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 SPECIFICATIONS FOR PURCHASE OF ONE (1) NEW AND UNUSED PORTABLE, TRAILER MOUNTED, SELF CONTAINED VACUUM UNIT Scope of Work: The City of Boynton Beach is seeking a vendor to provide one (1) new and unused, portable, trailer mounted, self-contained vaXcavator, Vac-tron, or Vactor or equal vacuum unit to be delivered to the City of Boynton Beach in "turn-key" condition. If and whenever in the specifications a brand name, make, name of any manufacturer, or trade name is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off" sheets (Pages 3-5) with the proposal sheet in order for a bid to be considered. ~Engine Fully enclosed and insulated engine stand to eliminate noise and vibration using 2/3 open cell attenuation material · All components attached to an isolation plate that is mounted within the engine enclosure using isolation mounts · All four sides of engine enclosure removable for ease of maintenance and service · All service points for engine, water pump, and vacuum pump accessible from curbside · 36 hp Kubota diesel water coo[ed engine · 500 cfm vacuum pump mounted within the enclosure · Engine and silencer exhausted through the bottom of the engine enclosure · 30 gallon fuel tank with fuel gauge Battery with nationwide warranty THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid specifications continued ..... Control Panel · Waterproof and lockable Mounted at the rear of the unit for ease of operation and safe access Includes: vacuum pressure gauge, fuel gauge, key switch, electronic throttle switch, water pump switch, lights and DOT strobe controls, amp gauge, hour meter, fuses for water pump and electronic choke · Oil temperature gauge · Lockable curbside remote controls · Hydraulic Pump and Hydraulic Cylinder with remote controls to raise tank 60 degrees · All controls mounted at rear of unit for ease of operation Filtration · Bag house with 66 square feet of filtration media, combined with 10 gallon water trap X · Removable and washable filtration cylinders · Wet or dry industrial filters rated at 5:1 cloth ratio and grain loading of 30-g/acf using 0.5 micron silica dust emissions of .0060 g/acf · Wet/dr~ bag house Water · 4000 psi water pump powered by the same engine Electric clutch with on/off control and low water automatic shut-down 225 gallon poly water tank plumbed to high pressure pump 50 feet of high pressure hose rated at 4000 psi Manual locking hose reel · 5 foot roto wand and control handle · 3 foot variable nozzle wand for clean up 33 feet of 3-inch smooth bore rubber light weight suction hose (industrial rated) Two 3-inch light weight dielectric suction wands (one 4fi and one 6ft) · Emulsifier gun that combines high pressure water and vacuum for a one man operation (bores 6-inch diameter hole) · 15 gallon semi-automatic anti fi:eeze system Debris Tank )t· Skid mounted 500 gallon capacity with hydraulic dump · Full open rear door · Quick open rear door - 15 seconds to open/15 seconds to close · LrHMW tank liner on bottom of debris tank · Brass 6-inch rear discharge valve with dust cap THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMI~LETE AND ACCEPTABLE Bid Specifications Continued .... · Large 6-inch stainless steel portable shut-off (stops vacuum when debris tank is full) · Brass 6-inch rear discharge valve · 6-inch stainless steel portal shut-off in top of vacuum tank · 6-inch amber strobe with remote on/off control mounted top rear of vacuum tank · Two adjustable halogen work lights mounted at rear of tank · Empty weight of 3,500 lbs without trailer Trailer · Empty weight 3475 pounds · Dual "DEXTER" easy lube axles rated at 10,000 pounds each (dual tires) · GVWRat 14,000 · 5 foot by 15 foot 3/16-inch diamond plated steel deck · 3-inch pintle hitch X · Electric brakes on both axles, with safety break away · Eight - LT235/85R16 tires and eight lug wheels )~ · 10,000 pound j ack stand with spring loaded foot and extended side crank handle · Under trailer suction hose storage lt, · Two DOT safety cones With lockable stand Paint · All steel components to be sand blasted, primed with two coats of 2-part epoxy primer and two top coats of polyurethane in the color Safety Yellow Warranty ~ · One year warranty parts and labor Training Full day of operator and technician training to be done by a factory trained representative Follow up visit four to six weeks after the City has taken delivery Delivery Vacuum is to be delivered to: Public Works Department 222 N.E. 9th Avenue Boynton Beach, F1 33435 Attn: Bob Lee THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) AS 24 ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 19 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drag-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drag abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Ven~"*/g Signature f// THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 2O ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM BEACH ) SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my finn or by an officer of the corporation. Sworn and subscribed before me this / q ~/~t day of By: ,20 ~. NOTARY t*UBLIC~ S~ate of~ at Large -~rt4 ~'/~F-aff'oaaO- Printed Information: Randy Sawyer NAME General Manager TITLE Vacuum Source Inc. COMPANY "OFFICIAL NOTAP. Y SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 vaXcavator Exceptions Taken on Boynton Beach Bid Engine Vacuum Pump not curbside, but you do not grease this pump it has oil bath ends · 30 HP Kubota Diesel Engine · Engine and silencer exhausted through the top · 12 Gallon Fuel Tank (Should be able to run 8 hours) Control Panel · Fully enclosed and latched (four panels) · All controls curbside at power pack · Murphy Switch (will not let you start engine ifoil is low or engine is to hot) Filtration · Not a Bag House (see drawing enclosed) · Filter is washable 2 micron · You can vacuum wet or dry Water · 5 foot lance and control handle (this tool will be set at 4000 psi) it is used for hard soils. This tool will cut through cable if not careful · 3 gallon Anti Freeze Kit · 230 Gallon Water Tank Debris Tank · Quick open rear door · Automatic Tank Clean Out* (Pat Pend.) · Dual Hydraulic Cylinder tank liR system · Electronic Vacuum Shutdown* · Dual Vacuum Ports* · Empty weight 3695 without trailer Parts Not Required because We do not have a Bag House · 6 inch stainless steel portable shut offtop offtank to stop vacuum · 6 inch stainless steel portal shut off in top of vacuum tank · ! 0 gallon water trap Trailer · Empty weight 5570 pounds · Dexter axles rated 6,000 each · GVWR 12,000 · Open graded steel deck for easy cleaning · 4 LT235/85Rl6 tires eight lug wheels · Side mounted suction hose storage racks Paint · White Note See Option List Next Page vaXcavator Optional Accessories List Seen on unit Demonstrated for City of Boynton Beach Extra hose storage and hose 2. Hydraulic Power Pack System 3. Hydraulic Power Pack System with Tools (chisel bit and Stanley low flow Hammer) 4. Pavement Sweeper with top head 5. Pavement Sweeper with/out top head 6. Valve Box Clean-out Tool With Top Head 7. Valve Box Clean-out Tool with/out top head $628.00 $2,400.00 $3,900.00 $426.75 $273.00 $279.00 $124.00 Note The Reduction Tool which is Standard with this unit has a top head, this head is interchangeable with all vacuum tools. THEOBY OF SLURRY SEPARATION VIA BAFFLED COLLECTION TANK The VaXcavator and VAX-2 utilize a proven multi-plated baffling design to separate air, liquids, and other solid particles from entering the exit suction stream. This integral baffling design in/tiates a two-stage separation process (solid to air). First, the material is excavated from the earth via a slurry mix-ture through a 3" or 4" suction hose at velocities of 500/850 CFM. Upon entering the collection tank, these speeds dramatically decrease wh/ch allows the material to begin to separate. It is at this point that the hquid particles coalesce (cling, mix, blend, and/or fuse) and piggyback to other solids such as rock, clay, etc. This coalescing stage is kept in check long enough for gravity to cause the solids to drop out of suspension and fall to the bottom of the collection tank. The fine mist and very small particles that remain in suspension axe unable to enter the exit outlet of the collection tank due to the baffle chambers which act as a velocity orifice and second stage mist ex-tractor, know as a chevron. The benefits of this system become evident, as the clean, dry air passes into the 5-micron final filter, which sustains the long service life of the blower. VI'L-CONSENT AGENDA ITEM B.5 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FO x v, Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report [] City Manager's Report Motion to approve the lease of the IBM AS/400 CPU (Exhibits A, B C & D) from IBM Global Financing through Midrange Support & Service in the amount of $6606.97 per month for 3 years per State Contract No. 250-000-03-1 (Exhibits E & F) EXPLANATION: The current AS/400 model 620 CPU was purchased in 1998 to support the Finance Department applications for the City of Boynton Beach. Since 1998, the city has migrated to an enterprise solution to integrate such functions and applications as Water Reader Billing, Planning and Zomng, Occupational Licenses, Permits, Building and Zoning, Code Enforcement, Payroll/Personnel, Land Management, Fleet Management, Word Orders, Purchasing and Inventory. This approach has worked well by simplifying support and linking all f'mancial data. However, the increased demand and workload on the AS/400 has resulted in slowness to internal staffprocessing to obtain information and process daily water bills. PROGRAM IMPACT: The current AS/400 was purchased to process only the Finance Department applications. As outlined above, we have since added 18 functions and departments utilizing the AS/400. The additional modules have resulted in slowness of processing water bills and the inability for internal staff to provide quick answers at Customer Service within City Hall and City Hall in the Mall. Customer service will continue to deteriorate resulting in longer wait at the cashier stations, and processing licenses and permits. Obviously, this will cause major impact to our citizens resulting in frustration and additional adverse impact for city staff. We are unable to upgrade the AS/400 operating system from 4.5 to 5.1 because the system storage capacity of 80 Gig and 384 MB is maximized (Exhibit G). Begmmng January 2003, IBM will no longer support our current release of 4.5. The city will not be able to continue the maintenance agreement with IBM for hardware/software service putting the city enterprise business at severe risk. FISCAL IMPACT: This lease was approved in the FY 2002-03 budget in the amount of $79,284 in account #001-1510-513-64-15. This amount was also included in the projected budgets for FY 2003-04 and FY 2004-05. S:~BULLETINXFORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Change operating system platform: Migrate to windows based platform that will cost more than $500,000 in additional investment to recode the current software, purchase new servers plus training cost for both technical and clerical staff. Ninety- eight percent (98%) of the cities including Boca Raton, Lake Worth, and Delray Beach are utilizing the same software (H.T.E.) on the AS/400. At this time, the windows based platform has not proven to be a reliable platform to run the enterprise H.T.E. system. Do nothing: Continue operating with current AS/400 with release 4.5. However, since IBM will no longer provide maintenance for this release and we cannot upgrade to release 5.1 due to storage constraints, we will not be able to add future enhance~n~}ts~l~hardware or software lnaking this,technology absoluteQ..~._ ~'~~-- /'~~~ by th~.~/l~_~,~a.~~, quarter of 2003. Peter W/~flace, Director of Inf0(-ma~i~'/~erv~ces City Manager's Signature Information Technology Services City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A LEASE AGREEMENT FOR THE IBM AS/400 CPU WITH IBM GLOBAL FINANCING THROUGH MIDRANGE SUPPORT AND SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, since 1998 the City has migrated to an enterprise solution to integrate such functions and applications as Water Reader Billing, Planning and Zoning, Occupational Licenses, Permits, Building and Zoning, Code Enforcement, Payroll/Personnel, Land Management, Fleet Management, Work Orders, Purchasing and Inventory; and WHEREAS, the increased demand and workload on the current has resulted in slowness to internal staff processing to obtain information resulting in impact of customer service; and WHEREAS, as of January, 2003, IBM will no longer provide to the AS/400 operating system 4.5; and WHEREAS, the City Commission, upon recommendation of staff has that it is in the best interests of the citizens and employees of Ihe City to enter into an Agreement with IBM Global Financing through Support and Service to upgrade the City's operating system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY :OMMISSlON OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, :lorida does hereby authorize execution of an Agreement between the City Boynton Beach, Florida and IBM Global Financing through Midrange Support and Service in the amount of $6606.97 per month for three (3) years. hereof. Section 2. passage. PASSED AND ADOPTED this __ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA A copy of that Agreement is attached hereto and made a part This Resolution will become effective immediately upon Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:ca/res~agreeme~ts/IBM As/400 Credit Corporation Customer Number: 1121435 Name and Address CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435-3838 CERTIFICATE OF ACCEPTANCE Branch Office Address 8807 INDIAN HILLS DR STE 200 OMAHA, NE 68114 ATTN: TONY JESSUP Customer Reference: Agreement Number: Supplement No: Page 1 of 2 1113428 ID0021739 Location Leased/Financed Item Customer Type Model Plant Order or MES No. Contract Sedal No. Description Manufacturer's Sedal No. 1121435 3581 H17 1121435 5733 SW3 1121435 9SSR 001 1121435 9406 820 IBM LTO ULTRIUM TAPE AUT IBM SOFTWARE REMARKETED SERVICESUITE SYSTEM UNIT Supplier Invoice Information (Invoices Must Be Attached) Invoice Number Invoice Date Invoice Amount 2. 3. 4. 5. 6. Supplier THE UNDERSIGNED ("CUSTOMER") IS A LESSEE OR CUSTOMER UNDER THE MAS'rER LEASE OR INSTALLMENT PAYMENT MASTER AGREEMENT REFERENCED ABOVE ("MASTER AGREEMENT") WITH EITHER IBM CREDIT CORPORATION OR INTERNATIONAL BUSINESS MACHINES CORPORATION (IN EITHER CASE, "IBM"). CUSTOMER REPRESENTS AND CERTIFIES THAT THE ITEMS LISTED ABOVE OR ITEMIZED ON AN ATTACHMENT TO THIS CERTIFICATE OF ACCEPTANCE ("ACCEPTED ITEMS") HAVE BEEN ACCEPTED BY CUSTOMER ON THE ACCEPTANCE DATE INDICATED BELOW AND LABELS, IF SUPPUED, HAVE BEEN AFFIXED TO EACH ACCEPTED ITEM OF EQUIPMENT. CUSTOMER AUTHORIZES IBM TO PAY CUSTOMER'S SUPPLIER FOR THE ACCEPTED ITEMS. IF CUSTOMER IS SUBJECT TO PROCUREMENT OR APPROPRIATION LAWS OR REGULATIONS, CUSTOMER REPRESENTS AND CERTIFIES THAT IBM'S DIRECT PAYMENT TO CUSTOMER'S SUPPLIER FOR THE INVOICE AMOUNTS INDICATED ON THIS CERTIFICATE OF ACCEPTANCE WILL BE IN FULL COMPLIANCE WITH ANY AND ALL RELEVANT STATE LAWS AND REGULATIONS OR ANY OTHER LEGAL REQUIREMENTS RELATING TO CUSTOMER'S PROCUREMENT OR APPROPRIATION ACTIVITIES. IN ORDER FOR THIS CERTIFICATE OF ACCEPTANCE TO BE EFFECTNE, CUSTOMER MUST PRO~DE IBM WITH SERIAL NUMBERS FOR EACH ACCEPTED ITEM OF EQUIPMENT. CUSTOMER AUTHORIZES IBM TO COMPLETE OR UPDATE ANY EQUIPMENT IDENTIFICATION INFORMATION ON THE REFERENCED SUPPLEMENT TO THEMASTER AGREEMENT FOR ANY ACCEPTED~EM OF EQUIPMENT WITHOUT FURTHER ACTION OR CONSENT BY CUSTOMER. DELIVERY OF AN EXECUTED COPY OF THIS CERTIFICATE OF ACCEPTANCE BY FACSIMILE OR ANY OTHER RELIABLE MEANS SHALL BE DEEMED TO BE AS EFFECTIVE FOR ALL PURPOSES AS DELIVERY OF A MANUALLY EXECUTED COPY. CUSTOMER UNDERSTANDS THAT IBM MAY MAINTAIN A COPY OF THIS CERTIFICATE IN ELECTRONIC t=ORM AND AGREES THAT A COPY PRODUCED FROM SUCH ELECTRONIC FORM OR BY ANY OTHER RELIABLE MEANS (FOR EXAMPLE, PHOTOCOPY, IMAGE OR FACSIMILE) SHALL IN ALL RESPECTS BE CONSIDERED EQUIVALENT TO AN ORIGINAL. ACCEPTANCE DATE: Accepted by: CI'I'~ OF BOYNTON BEACH Customer By: (Must Be Completed) Authorized Signature Name (Type or Pdnt) PLEASE RETURN TO BRANCH OFFICE ADDRESS LISTED ABOVE. Z125-5137-08 (01i97) Installment Payment Master Agreement State and Local Government Thank you for doing business with us. We are committed to providing you with the highest quality financial offerings. If, at any time, you have any questions or problems, please let us know. This Installment Payment Master Agreement (called the "Agreement") covers the terms and conditions under which we finance various charges. This Agreement has four parts: Part 1 - Definitions; Part 2 - Our Offerings; Part 3 - Payment; and Part 4 - General. The specific amount financed, the interest rate charged, and the period over which the amount is financed are together referred to as an Installment Payment Transaction (called the "Transaction"). Each Transaction is listed as a separate line item on a Supplement to this Agreement. A Supplement may contain additional terms for its Transactions. You agree to those terms by signing the Supplement. Each Transaction is contingent upon a review of your credit by us. This Agreement and its applicable Supplements are the complete agreement regarding the Transactions and replace any prior oral or wdtten communications between both parties. By signing below, both parties agree to the terms of this Agreement. Once signed, any reproduction of this Agreement or a Supplement made by reliable means (for example, photocopy or facsimile) is considered an original. Agreed to: CITY OF BOYNTON BEACH Agreed to: International Business Machines Corporation Armonk, New York 10504 By By. Authorized Signature Name (type or print): Date: Customer number: 11~.1435 Customer Address: 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435-3838 Authorized Signature Name (type or print): Date: Agreement number: 1113428 IBM Office number: MP3 IBM Office address: 8807 INDIAN HILLS DR STE 200 OMAHA, NE 68114 ATTN: TONY JESSUP Z125-4570-00 (8/91) Page 1 of 6 ~Z mm~w -r oo oo ~- U~u.l U.l~- u.J uJ Z Z Z o w < 0 uJ 0 Z Z Z 0 I- ZC~ ~< Credit Corporation Customer Number: 1121435 Name and Address CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435-3838 CERTIFICATE OF ACCEPTANCE Branch Office Address 8807 INDIAN HILLS DP, STE 200 OMAHA, NE 68114 ATTN: TONY JESSUP Customer Reference: Agreement Number: Supplement No: Page 2 of 2 1113428 ID0021739 Location Leased/Financed Item Customer Type Model Plant Order Contract Serial No. or MES No. Description Manufacturer's Serial No. TOTAL I 0.00 Z125-5137-08 (01/97) Installment Payment Master Agreement Part I - Definitions State and Local Government 1.1 Definitions Addition is any Machine or Program associated with a Machine previously financed under this Agreement. Customer-set-up Machine is an IBM Machine that you set up according to IBM instructions. Date of Installation is the following: 1. for a Machine- a. the business day after the day we install it or, if you defer installation, make it available to you for installation; or b. the second business day after the end of the standard transit allowance period for a Customer-set-up Machine or a non-IBM Machine. 2. for a Program, the latest or- a. the day after its testing period ends; b. 10 days after we ship it; or c. the day you are authorized to make an Additional License Copy or a copy of a Distributed Feature. Machine is a machine, its features, conversions, upgrades, elements, or accessories, or any combination of them. We use the terms "IBM Machine" and "non-IBM Machine" if applicable. Modification is any IBM field installable upgrade, feature or accessory added to any Machine. Planning Date is the date stated in the Supplement that financing for each Transaction is scheduled to begin. For a Machine, it is the estimated date the Machine will be put into service. For a Program, it is the estimated Date of Installation. For all other financed charges, it is the date you choose for the financing to begin. Product is a Machine or a Program. Program is all the following, including features and any whole or partial copies: 1. machine-readable instructions; 2. a collection of machine-readable data, such as a data base; and 3. related materials, including documentation and listings, in any form. Service is assistance or use of a resource (such as a network). Term is the number of payment periods stated in the Supplement. The Term of a Transaction begins on the date interest starts. It ends on the last day of the last payment period. If you prepay a Transaction, its Term ends when you complete the prepayment. You and Your refer to you, the Customer. You must be a State or a Political Subdivision as defined by Section 103(a) of the Internal Revenue Code of 1986, as amended, and any Regulations and Rulings that affect that section. We, Us and Our refer to: 1. International Business Machines Corporation (IBM), its subsidiaries and affiliates; 2. a partnership in which IBM is a partner; or 3. a business enterprise for which IBM is an agent. IBM will remain as the active manager for all matters under this Agreement. Z125-4570-00 (8/91) Page 2 of 6 Installment Payment Master Agreement Part 2 - Our Offerings State and Local Government 2.1 Machines We finance charges for Machines you purchase from us. For a Machine we finance, you agree to: 1. keep the Machine free from encumbrances of any kind, except those established by us under this Agreement, or by you with our prior written consent; 2. promptly pay all taxes, interest, and other charges associated with the Machine, excluding taxes based on our net income; and 3. keep the Machine in good operating condition. 2.2 Modifications and Additions We finance charges for Modifications and Additions you purchase from us. For Modifications and Additions we finance, you agree to: 1. ensure that the Machine with which the Modifications and Additions will be associated is free from encumbrances of any kind, except those established by us under this Agreement; and 2. keep modified Machines and Additions to them in accordance with the requirements of Section 2.1. We may offer to refinance a Machine when we finance a Modification to it. Changes to the Annual Interest Rate, Payment Amount, and Term will then be specified in a new Supplement. 2.3 Other Charges We finance one-time charges for IBM Programs and Services. Your obligation to make payments is not affected by the termination of any Service or license for a Program, unless such termination occurs before the date interest starts. We may agree to finance other one-time charges associated with the installation of IBM Products. 2.4 Discounts, Allowances and Adjustments The purchase price or one-time charge we finance is the same amount that you would have paid us after all discounts and adjustments. If this amount changes after you sign the Supplement and before the date interest starts, we will adjust the Supplement accordingly and notify you. Z125-4570-00 (8/91) Page 3 of 6 Installment Payment Master Agreement Part 3 - Payment State and Local Government 3.1 Your Obligation to Pay You will pay all amounts specified in the Supplement. Payments will be made through the IBM Branch Office unless we notify you otherwise. Your obligation to pay will continue regardless of any dispute you may have with respect to the financed Products or Services. You agree to periodically request the appropriation of funds to pay all Payment Amounts specified in the Supplement. If the funds you request for any future fiscal year are not appropriated, you will not be obligated to pay amounts due beyond the end of the last funded fiscal year. If this happens, you agree to notify us in writing. Each affected Transaction will end after the last funded fiscal year and you will not be in default. You may retain the Machines for a reasonable period of time and at a monthly charge which we will determine. We will then remove the Machines from your premises and retain all sums paid as partial payment for their use and depreciation. 3.2 Interest Commencement Unless otherwise specified in the Supplement, interest starts on: 1. the first day of the month following the Date of Installation for Products and Services you obtain from us; or 2. the first day of the month specified in the Supplement for all other charges. 3.3 Invoicing Payment Amounts for monthly payment periods are invoiced as of the first day of each calendar month and are due on the first day of the following month. Payment Amounts for all other payment periods (for example, annual) are invoiced 30 calendar days before the end of their payment period and are due on the day following the close of the respective payment period. 3.4 Rate Protection The Supplement states a Planning Date for each Transaction, and one Quote Validity Date for all Transaction rates on the Supplement. These rates are not subject to change provided that: 1. the Supplement is signed and returned to us by the Quote Validity Date; and 2. the Product is installed within the same calendar month as its Planning Date. 3.5 Prepayment We will not charge any loan origination fees. If you decide to prepay a Transaction, you agree to pay us a prepayment fee for our unrecovered administrative expense and changes in funding costs. The Supplement describes how the prepayment fee is determined. You may prepay any Transaction by-paying'all outstanding amounts due plus the remaining principal balance and any prepayment fee. If you prepay a Transaction for a Machine, you must also prepay any Transaction for related non-IBM charges. Z125-4570-00 (8/91) Page 4 of 6 Installment Payment Master Agreement Part 4 - General State and Local Government 4.1 Events of Default You will be in default if: 1. you do not pay any amount within seven days after its due date; 2. you fail to maintain insurance as required under this Agreement; 3. you make any misrepresentation in a credit application you give us; 4. you make an assignment for the benefit of creditors, or you consent to the appointment of a trustee or receiver, or either is appointed for you or for a substantial part of your property without your consent; 5. any petition or proceeding is filed by or against you under any bankruptcy, insolvency, or similar law; or 6. you breach any other provision of this Agreement and that breach continues for fifteen days after you receive written notice from us. 4.2 Remedies If you are in default, we may do one or more of the following: 1. declare the Transaction and all associated Transactions to be in default; 2. recover from you all amounts that are or will be due; 3. repossess or render unusable any or all Machines, Modifications, or Additions without demand, notice, court order, or other process, and retain all payments made as partial compensation for their use and depreciation; 4. require you, at your expense, to assemble and ship any Machine, Modification, or Addition to a location we specify; and 5. recover from you reasonable attorney's fees and legal expenses incurred in exercising any of our rights under this Agreement. If we repossess a Modification, it is your responsibility to restore the remaining Machine to good working order. We have no liability for costs or damages caused by the removal of such Modification or by your failure to fulfill your responsibilities. Upon repossession or return of a Machine, Modification, or Addition, we will dispose of it in a commercially reasonable manner. After deducting our expenses for the repossession and disposition, we will apply the net proceeds toward the amounts due. You will pay us any deficiency between the net proceeds and the unpaid amounts due. We will pay to you any excess net proceeds. We may pursue any other remedy available at law or in equity. 4.3 Security Interest We reserve a purchase money security interest in each Machine we finance, its substitutions, replacements, accessions, Modifications, Additions and any associated proceeds until we receive all amounts due. You will cooperate with us to perfect our security interest. You authorize us to act as your agent and attorney-in-fact for the limited purpose of preparing, executing in your nar~e, and filing on your behalf, financing statements or other documents covering Machines, Modifications, and Additions financed by us. Each Machine must be kept at the location specified in this Agreement, where we may inspect it at any reasonable time. Each Machine will remain personal property, and will not become a fixture to real property. Until your financial obligation on a Transaction is satisfied, you may not modify or otherwise dispose of the Machine, Modification, or Addition, in whole or in part, without our prior written consent. Z125-4570-00 (8/91) Page 5 of 6 4.4 Insurance You will maintain insurance covering loss, theft, conversion, damage, and destruction (called a "Loss") for any Machine, Modification, or Addition that we finance under this Agreement. You will endorse the policy naming us and our assigns as Loss Payee. Upon our request, you will provide us with proof of such insurance. If a Machine, Modification or Addition suffers a Loss before we receive all payments, you will promptly notify us. Upon our request, you will pay us the prepayment amount as of the date of the occurrence. You agree to prepay all related non-IBM charges at the same time. We will credit you with any insurance payments that are in excess of the prepayment amount. Your obligation to pay us will continue until we are paid in full. 4.5 Assignment and Relocation You may not assign this Agreement or your rights under it, or delegate your obligations. Any attempt to do so is void. You may not sell, transfer, modify, relocate, or otherwise dispose of any Machine, Modification, or Addition, in whole or in part, without our prior written consent. We will not consent to the relocation of any Machine, Modification, or Addition out of the United States. We may assign any of our interests in whole or in part. Even when we assign our rights, we remain fully obligated to you and only your written consent can release us from this obligation. Therefore, any claims you have under this Agreement may be brought only against us, not our assignees. 4.6 General If any provision of this Agreement becomes invalid or unenforceable, all other provisions remain in effect. Our failure to require full performance or our waiver of any provision in this Agreement does not prevent us from requiring full performance of all provisions in the future. Notices All notices under this Agreement will be delivered in person or mailed, to you at your address or to us at the IBM Branch Office shown in the Supplement. Changes to the Agreement Terms In order to maintain flexibility in our financial offerings, we may change the terms of this Agreement by giving you three months' written notice. However, these changes are not retroactive. They apply, as of the effective date we specify in the notice, only to new Transactions. For any other change to be valid, both parties must sign it. Additional or different terms in any written communication from you are void. Agreement Termination This Agreement may be terminated by either party with one month's written notice. However, each Transaction existing on the effective date of that termination will survive until all its related obligations are fully satisfied. Electronic Communications Electronic communications, if used, are the equivalent of written and signed documents. When both parties agree to use electronic invoicing and payment options, you may authorize us to initiate direct payment from your deposit account for the items listed on any Supplement and for any related taxes. Conflicting Terms If there is conflict between terms, those of a Supplement prevail over those of this Agreement for the Transactions listed on the Supplement. Governing Law The laws of your State govern this Agreement. Z125-4570-00 (8/91) Page 6 of 6 IBM CREDIT CORPORATION IPMA PAYMENT SCHEDULE c.stomer Name; Reference Number: Date: CITY OF BOYNTON BEACH Q02497880-02 2002-09-26 Mach/Model: 9406/820 Net Purchase Price: Term: 36 Payment Frequency: Install Month: 11/02 Option: monthly Rate: 4.54% Interest Commencement Date: Payment Schedule calculations are based on the Planned Install Date, the Interest Commencement Date and reflect any downpayments. Payments and charges resulting from loan prepayment prior to the stated end of term, will be based on the actual Install Date and Interest Commencement Date. Payment Due Payment Fin. Charge ........................... JAN 01, 2003 FEB 01, 2003 MAR 01, 2003 APR 01, 2003 MAY 01, 2003 JUN 01, 2003 JUL 01, 2003 AUG 01, 2003 SEP 01 2003 OCT 01 2003 NOV 01 2003 DEC 01 2003 JAN 01 2004 ' 01 2004 01 2004 ~=R 01 2004 MAY 01 2004 JUN 01 2004 JUL 01 2004 AUG 01 2004 SEP 01 2004 OCT 01 2004 NOV 01 2004 DEC 01 2004 JAN 01 2005 FEB 01 2005 MAR 01, 2005 APR 01, 2005 MAY 01, 2005 JT3N 01, 2005 JUL 01, 2005 AUG 01, 2005 SEP 01, 2005 OCT 01, 2005 NOV 01, 2005 DEC 01, 2005 Total 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4595 92 4 595 92 4 595 92 4 595 92 4 595 92 4 595 92 4 595 92 4 595 92 4 595 92 4 595 92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,595.92 4,$95.92 165,453.12 584.18 569.00 553 76 538 47 523 12 507 71 492 24 476 72 461 13 445 49 429 79 414 03 398 21 382 32 366.38 350.38 334.32 318.20 302.01 285.77 269.46 253.09 236.66 220.17 203.61 187 00 170 32 153 57 136 77 119 89 102 96 85 96 68 90 51 77 34 58 17 18 11,045.12 154,408.00 monthly IG 12/01/2002 Principal 4,011.74 4,026.92 4,042.16 4,057.45 4,072.80 4,088.21 4,103.68 4,119.20 4,134.79 4,150.43 4,166.13 4,181 89 4 197 71 4 213 60 4 229 54 4 245 54 4 261 60 4 277 72 4 293 91 4 310 15 4 326.46 4 342.83 4 359.26 4,375.75 4,392.31 4,408.92 4,425.60 4,442.35 4,459.15 4,476.03 4,492 96 4,509 96 4,527 02 4,544 15 4,561 34 4,578 74 154,408.00 Balance 154,408.00 150,396.26 146,369.34 142,327.18 138,269.73 134,196.93 130,108.72 126,005.04 121,885.84 117,751.05 113,600.62 109,434.49 105,252.60 101,054.89 96,841.29 92,611 75 88366 21 84 104 61 79 826 89 75 532 98 71 222 83 66 896 37 62 553 54 58 194 28 53 818 53 49 426.22 45 017.30 40 591.70 36 149.35 31,690.20 27,214.17 22,721.21 18,211.25 13,684.23 9,140.08 4,578.74 0.00 PAGE 1 of l IBM CREDIT COILPORATION IPMA PAYMENT SCHEDULE Customer Name: CITY OF BOYNTON BEACH Reference Number: Q02497880-02 Date: 2002-09-26 Net Purchase Price: Payment Frequency: Option: Interest Commencement Date: Mach/Model: 3581/H17 Term: 36 Install Month: 11/02 monthly Rate: 4.54% Payment Schedule calculations are based on the Planned Install Date, the Interest Commencement Date and reflect any downpayments. Payments and charges resulting from loan prepayment prior to the stated end of term, will be based on the actual Install Date and Interest Commencement Date. 9,094.00 monthly IG 12/01/2002 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUL AUG SEP OCT NOV DEC 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01 01, 01, 01, 01, 01 01 01 01 01 01 01 01 01 01 01 01 01 01, 01, 01, 01, Payment Due Payment Fin. Charge Principal ........................... 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 270 68 270 68 270 68 270 68 270 68 270 68 270.68 270.68 270.68 270.68 270.68 270.68 270.68 270.68 270.68 270 68 270 68 270 68 270 68 270 68 270 68 270 68 270 68 270 68 270.68 270.68 270.68 270.68 270.68 270.68 270.68 270.68 270.68 270.68 '270.68 270.68 9,744.48 34.41 33.51 32.61 31.71 30.81 29 90 28 99 28 08 27 16 26 24 25 31 24 38 23 45 22 52 21.58 20.64 19.69 18.74 17.79 16.83 15.87 14.91 13.94 12.97 11.99 11 01 10 03 9 04 8 05 7 06 6 06 5 06 4.06 3.05 2.04 0.99 650.48 Total 236.27 237 17 238 07 238 97 239 87 240 78 241 69 242 60 243 52 244.44 245.37 246.30 247.23 248.16 249.10 250.04 250.99 251.94 252.89 253 85 254 81 255 77 256 74 257 71 258 69 259 67 260 65 261 64 262.63 263.62 264.62 265.62 266.62 267.63 268.64 269.69 9,094.00 Balance 9,094 00 8,857 73 8,620 56 8,382 49 8,143 52 7,903 65 7,662 87 7,421 18 7,178.58 6,935.06 6,690.62 6,445.25 6,198.95 5 951.72 5 703.56 5 454.46 5 204.42 4 953 43 4 701 49 4 448 60 4 194 75 3 939 94 3 684 17 3427 43 3,169 72 2,911 03 2,651.36 2,390.71 2,129.07 1,866.44 1,602.82 1,338.20 1,072.58 805.96 538.33 269.69 0.00 PAGE 1 of I Customer Name: Reference Number: Date: IBM CREDIT CORPORATION IPMA PAYMENT SCHEDULE CITY OF BOYNTON BEACH Q02497880-02 2002-09-26 Mach/Model: 5733/SW3 Term: 36 Install Month: 11/02 monthly Rate: 7.54% Net Purchase Price: Payment Frequency: Option: Interest Commencement Date: Payment Schedule calculations are based on the Planned Install Date, the Interest Commencement Date and reflect any downpayments. Payments and charges resulting from loan prepayment prior to the stated end of term, will be based on the actual Install Date and Interest Commencement Date. 24,874.00 monthly S' 12/01/2002 Payment Due Payment Fin. Charge Principal JAN 01, 2003 FEB 01, 2003 MAR 01, 2003 APR 01, 2003 MAY 01, 2003 J-ON 01 2003 JilL 01 2003 AUG 01 2003 SEP 01 2003 OCT 01 2003 NOV 01 2003 DEC 01 2003 01 2004 01 2004 ~b4R 01 2004 APR 01 2004 MAY 01 2004 JUN 01 2004 JUL 01 2004 AUG 01 2004 SEP 01 2004 OCT 01 2004 NOV 01 2004 DEC 01 2004 JAN 01 2005 FEB 01, 2005 ~ 01, 2005 APR 01, 2005 MAY 01, 2005 JIJN 01, 2005 JUL 01, 2005 AUG 01, 2005 SEP 01, 2005 OCT 01, 2005 NOV 01, 2005 DEC 01, 2005 774.19 774.19 774.19 774.19 774.19 774.19 774.19 774.19 774.19 774.19 774.19 774.19 774.19 774 19 774 19 774 19 774 19 774 19 774 19 774 19 774 19 774 19 774 19 774.19 774.19 774.19 774.19 774.19 774.19 774.19 774.19 774.19 774.19 774.19 ~74.19 774.19 27,870.84 156 29 152 41 148 50 144 57 140 61 136 63 132 63 128 60 124 54 120 46 116 35 112.22 108.06 103.87 99.66 95.42 91.16 86.87 82.55 78.20 73.83 69.43 65 00 60 54 56 06 51 55 47 01 42 44 37 84 33 21 28 56 23 87 19 16 14.41 9.64 4.69 2,996.84 Total 617.90 621.78 625.69 629.62 633.58 637 56 641 56 645 59 649 65 653 73 657 84 661 97 666 13 670 32 674 53 678 77 683 03 687.32 691.64 695.99 700.36 704.76 709.19 713.65 718.13 722.64 727.18 731.75 736 35 740 98 745 63 750 32 755 03 759 78 764 55 769 50 24,874.00 Balance 24,874.00 24,256.10 23,634.32 23,008.63 22,379.01 21,745.43 21,107.87 20,466.31 19,820.72 19,171.07 18,517.34 17.859.50 17.197 53 16 531 40 15 861 08 15 186 55 14 507 78 13 824 75 13 137 43 12 445 79 11 749 80 11 049.44 10 344.68 9 635.49 8 921.84 8 203.71 7 481.07 6,753.89 6,022.14 5,285.79 4,544.81 3,799.18 3,048.86 2,293.83 1,534.05 769.50 0.00 PAGE 1 of l IBM CREDIT CORPORATION IPMA PAYMENT SCHEDULE Customer Name: Reference Number: Date: CITY OF BOYNTON BEACH Q02497880-02 2002-09-26 Mach/Model: 9SSR/001 Net Purchase Price: Term: 36 Payment Frequency: Install Month: 11/02 Option: monthly Rate: 5.50% Interest Commencement Date: Payment Schedule calculations are based on the Planned Install Date, the Interest Commencement Date and reflect any downpayments. Payments and charges resulting from loan prepayment prior to the stated end of term, will be based on the actual Install Date and Interest Commencement Date. Payment Due Payment Fin. Charge JAN 01 FEB 01 MAR 01 APR 01 MAY 01 JUN 01 JUL 01 AUG 01 SEP 01 OCT 01 NOV 01 DEC 01, JAN 01, FEB 01, MAR 01, APR 01, MAY 01, JUN 01 JUL 01 AUG 01 SEP 01 OCT 01 NOV 01 DEC 01 JAN 01 FEB 01 MAR 01 APR 01 MAY 01 JUN 01 JUL 01 AUG 01 SEP 01, OCT 01, NOV 01, DEC 01, 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2003 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 Total 966.18 966.18 966.18 966.18 966.18 966.18 966.18 966.18 966.18 966 18 966 18 966 18 966 18 966 18 966 18 966 18 966 18 966 18 966 18 966 18 966 18 966 18 966.18 966.18 966.18 966.18 966.18 966.18 966.18 966.18 966.18 966.18 966.18 966.18 '966.18 966.18 34,782.48 146 65 142 90 139 12 135 33 131 52 127 70 123 86 120 00 116 12 112 22 108.31 104.38 100.43 96.46 92.47 88.47 84.44 80.40 76.34 72.26 68.17 64.05 59 92 55 76 51 59 47 40 43 19 38 96 34 71 30 44 26 15 21.84 17.51 13.16 8.80 4.45 2,785.48 31,997.00 monthly T' 12/01/2002 Principal 819.53 823.28 827.06 830.85 834.66 838.48 842.32 846.18 850.06 853.96 857.87 861.80 865.75 869.72 873.71 877.71 881 74 885 78 889 84 893 92 898 01 902 13 906 26 910 42 914 59 918 78 922 99 927.22 931.47 935.74 940.03 944.34 948.67 953.02 957.38 961.73 31,997.00 Balance 31,997.00 31,177.47 30,354.19 29,527.13 28,696.28 27,861.62 27,023.14 26,180.82 25 334.64 24 484.58 23 630.62 22 772.75 21 910.95 21 045.20 20 175.48 19 301.77 18 424 06 17 542 32 16 656 54 15 766 70 14 872 78 13 974 77 13 072 64 12166 38 11255 96 10.341 37 9,422.59 8,499.60 7,572.38 6,640.91 5,705.17 4,765.14 3,820.80 2,872.13 1,919.11 961.73 0.00 PAGE 1 of 1 Statement of Work for Services Acquired from an IBM Business Partner ServiceSuite 1. Scope of Services We will provide to you the Services described in this Statement of Work for the Machines we specify (called "Eligible Machines"). We will identify the Eligible Machines, and the Services that apply to them, in a Schedule to this Statement of Work. The Schedule will also identify the Specified Locations at which the Services will be provided. A Specified Location may be your entire information processing environment, or a portion thereof, which may be resident at multiple sites or a single building. These Services are available for Machines normally used for business, professional, or trade purposes, rather than personal, family, or household purposes. 2. Contract Period Start Date: 10/15/2002 End Date: 10/14/2005 Eligible Machines, Specified Locations, or new Services added to this Statement of Work following its Start Date will assume the remaining portion of the existing contract period. Renewal Contract Period (years): 0 We will renew the Services that apply for each Specified Location on the Contract Period End Date for the number of years (called the "Renewal Contract Period") specified above. Thereafter, we will automatically renew for the same length periods unless you notify us and your IBM Business Partner in advance of your desire to change the length of the renewal. Either of us can select not to renew by providing written notification (at least one month prior to the end of the current contract period) to the other and to your IBM Business Partner of their decision not to renew. Each of us agrees that the complete agreement between us about this transaction consists of 1 ) this Statement of Work and its Schedules, 2) supplemental terms referenced herein, and 3) the IBM agreement for Services Acquired from an IBM Business Partner (or any equivalent agreement in effect between us) identified below. Agreed to: (Customer Name) City of Boynton Beach Agreed to: International Business Machines Corporation By By Authorized signature Name (type or print): Date: Customer Company address: 100 East Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Telephone number: Billing address: Avnet./HalI-Mark Division 6550 N Loop 1604 E San Antonio, TX 78247 Authorized signature Name (type or pdnt): Date: Statement of Work number: Agreement number: IBM ServicesAssistant number: G2109CLF Customer number: IBM address: IBM Business Partner Support Operations 4111 Northside Parkway Atlanta, GA 30327 Affer signing, please return a copy of this Statement of Work to the "IBM address" shown above. Z125-5766-10 5/2002 (MK076) 09/27/2002 Page 1 3. Your Responsibilities You agree: 1. to provide your IBM Business Partner with an inventory in which you identify all Eligible Machines to be covered at each Specified Location. All Eligible Machines of the same type at a Specified Location must be included in the coverage. You also agree to identify all Eligible Machines for which we are to provide warranty service; 2. to notify your IBM Business Partner whenever you wish to add Eligible Machine types to an existing Specified Location or set up new Specified Locations; 3. to return to IBM all defective CRUs (from covered Eligible Machines) within 30 days of your receipt of the replacement CRU. A "CRU" is a Machine part which is designated as a Customer Replaceable Unit (e.g. keyboards, memory, or hard disk drives). IBM provides CRUs to you for replacement by you; 4. to ensure that any access codes we provide to you are used only by those who are authorized to do so; 5. to provide your IBM Business Partner with information we request which is related to our provision of these Services to you and notify your IBM Business Partner of any changes; 6. to allow IBM and entities within its Enterprise to store and use your contact information, including names, phone numbers, and e-mail addresses, anywhere they do business. Such information will be processed and used in connection with our business relationship, and may be provided to contractors, Business Partners, and assignees of IBM and entities within its Enterprise for uses consistent with their collective business activities, including communication with you (for example, for processing orders, for promotions, and for market research); 7. to use any electronic diagnostic and service delivery facilities we provide to you only in support of Eligible Machines identified in the Schedule to this Statement of Work; 8. that electronic access to our support centers and certain databases may require a separate network services agreement;* 9. to pay any communications charges associated with accessing these Services unless we specify otherwise; 10. to use the information obtained under these Services only for the support of the information processing requirements within your Enterprise; and 11. that your acceptance of any software Services does not alter your responsibilities for Distributed System License Option licenses. Whenever both of us agree to store repair parts at your Specified Location, you also agree: 1. to provide secure storage space for all parts stored at your Specified Location; 2. to provide IBM service technicians access to the secure storage space for storage of and access to the parts; and 3. that while in storage, a. you are responsible for all loss or damage to the parts, b. you will be separately charged for any parts that we find to be missing, used, or damaged, and c. parts remain the property of IBM and will be made available for return to IBM upon our request. 4. Mutual Responsibilities If at any time either of us requests a review of the inventory count, each of us will cooperate in updating the last formal inventory. 5. Services Program License The following terms apply to each Program we provide with a Service that is not otherwise accompanied by a license agreement. Z125-5766-10 5~2002 (MK076) 09~27~2002 Page2 We grant you a nonexclusive license to use the Program on the Eligible Machine we designate to assist us in problem determination or other system support in conjunction with these Services. If we do not supply a backup copy, you may make one copy of the Program for backup purposes provided you reproduce the copyright notice and any other legend of ownership on the copy. The backup copy is subject to the same terms as the original. You may not 1 ) modify the Program's machine readable instructions or data or merge them into another Program, 2) reverse assemble, reverse compile, or otherwise translate the Program, 3) sublicense, assign, or transfer the license for the Program, or 4) distribute the Program to any third party. We provide the Program WITHOUT WARRANTIES OF ANY KIND. Your license terminates when 1 ) the Service terminates, is withdrawn or expires and is not renewed, 2) the Program is no longer needed to perform the Service, or 3) the Eligible Machine which we designated for the Program is removed from productive use within your Enterprise. We may terminate your license if you fail to comply with these terms. Upon termination, you agree to destroy the Program and any backup copy you were given or made. 6. Automatic Inventory Increases We will automatically increase the inventory count at a Specified Location whenever: 1. an Eligible IBM Machine is added to the inventory. If the Machine is under warranty when added, maintenance Services will commence at warranty exit. If the Machine is not under warranty when added, maintenance Services will commence at the later of a) the date of installation or b) the previous yearly anniversary of the start of the contract period. IBM Machines specifically excluded from coverage at contract period start will remain outside the scope of this Statement of Work unless you request we add them during the contract period. However, all Eligible IBM Machines added to your inventory during the contract period will be included in the inventory count and receive maintenance Services as set out in this Section; or 2. an Eligible non-IBM Machine, of the same type as other non-IBM Machines already covered at that Specified Location, is added to the inventory. If the Machine is under warranty when added, maintenance Services will commence at warranty exit. If the Machine is not under warranty when added, maintenance Services will commence at the later of a) the date of installation or b) the previous yearly anniversary of the start of the contract period. The maintenance Services that apply for these Machines will be the same as that which you are receiving for all other Eligible Machines of the same type. Newly installed IBM Machines of the same type for which you have already selected Warranty Service Upgrade will be added at date of actual installation and will be covered at the same Warranty Service Upgrade support level. 7. Charges and Payment Your IBM Business Partner sets the charges and terms governing charges. Your IBM Business Partner may impose an additional charge for some actions, e.g., termination, or for our provision of some additional services, e.g., Service upgrades, additional Systems Administrators, additional reports, or support for other Products. These actions or additional services are identified in this Statement of Work with an asterisk ("*"). Where you see an asterisk, check with your IBM Business Partner to determine if you will incur an additional charge. You will make payment directly to your IBM Business Partner. Z125-5766-10 5/2002 (MK076) 09/27/2002 Page3 8. Termination You have committed to continue Services for the entire contract period. However, you may terminate Services for an Eligible Machine, on notice to us (copy to your IBM Business Partner), if you permanently remove it from productive use within your Enterprise. Otherwise, if you choose to terminate Services and these are not being replaced by equivalent Services, you may do so by providing us one month's written notice (copy to your IBM Business Partner), after the Services have been covered under this Statement of Work for at least one year.* 9. Satisfaction Guarantee If, for any reason, you are not completely satisfied with a Service we provide to you under this Statement of Work, notify us in writing within one month of the time you first become dissatisfied. We will try to resolve the problem to your satisfaction. If we are unable to do so, you will receive a credit equal to the prorated charge for the Service for the period of time you were dissatisfied. 10. ServiceSuite Advanced Service Package ** MAINTENANCE SERVICES Maintenance of IBM Machines We will provide Service for Machines, as described in our Agreement, for those Eligible IBM Machines specified in the Schedule. **SUPPORT SERVICES IBMLink The following terms apply whenever a Service under this Statement of Work includes IBMLink electronic access to our databases containing IBM Product support information. We will: 1. provide instructions for accessing the databases; and 2. provide user IDs to your designated IBMLink Customer Service Administrator. You agree to: 1. designate and authorize your users of the IBMLink databases. You may designate only yourself and your employees as users; 2. assign a user to be the IBMLink Customer Service Administrator (called "CSA"). The CSA is responsible for - a. following the CSA procedures we provide, b. registering your users for access to Product databases, and c. acting as the pdmary interface between your users and us; 3. ensure your users use the information obtained from IBMLink only for the support of your information processing requirements. You may not use information obtained from IBMLink for any product development purpose or in any sales or marketing activity or to provide support to any third parties; 4. provide the equipment (such as workstations, modems, and communication features) necessary to use IBMLink; 5. obtain programs necessary to establish dial access to IBMLink; 6. be responsible for any unauthorized use of your user IDs; and 7. pay the charges of any third party telecommunications service provider you use to access IBMLink. z125-5766-10 5/2002 (MK076) 09/27/2002 Page4 Support Line We will provide you remote assistance with the operation of supported products and system environments. In addition, you may order certain optional features which are enhancements to this Service. These terms also apply for each of these optional features unless we specify otherwise. Definitions Customer Critical Problem means a problem for which you have no known work around resulting in a critical disruption in your business operations. Full Shift means 24 hours a day, seven days a week, including national holidays. Off Shift means all hours outside of Prime Shift. Prime Shift means 8 a.m. to 5 p.m. in the local time zone where you receive the Service, Monday through Friday (excluding national holidays). Supported Products means those products and system environments identified in the Supported Products List located at IBM's Internet address http://www.ibm.com/services/sl/products , or as otherwise provided by IBM. The Supported Products List will identify the products and system environments within specified support groups that are eligible for this Service. The Supported Products List will change periodically to reflect Supported Product additions (for example, adding new products) or deletions (for example, deleting products at their end of currency date). Our Responsibilities We will provide you remote assistance (via telephone from our support center or via an electronic search and questioning capability) in response to your requests pertaining to the following: For all Supported Products in your covered support groups - 1. basic, short duration installation, usage, and configuration questions; and 2. questions regarding IBM Supported Product publications. For all IBM software Supported Products in your covered support groups - 1. code-related problem questions; # 2. diagnostic information review to assist in isolation of a problem cause (for example, assistance interpreting traces and dumps for installation and code related problems); # and 3. for known defects, available corrective service information and program fixes which you are entitled to receive under the terms of the IBM license. # # Note: For IBM S/390 and zSeries Supported Products, this defect assistance from our support center is not charged for under this Service and therefore not covered under the terms of this Attachment. When you report a problem with covered non-IBM software Supported Products, we will assist you to isolate the problem cause and provide you recovery information, if available, from the vendor. We will provide corrective service information and program fixes, if available and we are authorized to provide to you, for known defects. If a new (unknown) defect is identified, we will report it to the appropriate vendor and notify you of our actions. At this point we will consider our support requirement fulfilled. Resolution of these problems is the responsibility of the vendor. 7125-5766-10 5/2002 (MK076) 09/27/2002 Page5 Response Criteria We will use commercially reasonable efforts to respond, by telephone, to Support Line Service calls from you within two hours during Prime Shift. Our initial response may result in resolution of your request or it will form the basis for determining what additional actions may be required to achieve technical resolution of your request. If you select Full Shift coverage, during Off Shift we will use commercially reasonable efforts to respond to Support Line Service calls which you specify to be Customer Critical Problems within two hours and all other Support Line Service calls within four hours. If you select Prime Shift coverage, all Support Lines Service calls from your personnel during Prime Shift are included in your coverage. If you select Full Shift coverage, all Support Line Service calls from your personnel during Prime Shift and Off Shift are included in our coverage. Electronic Support You will also be able to electronically submit Support Line Service requests for Supported Products, provided you meet the prerequisites we specify for electronic access. We will use commercially reasonable efforts to respond to each electronic Service request from you within two hours of receipt during Prime Shift. For electronic Service requests received during Off Shift, we will use commercially reasonable efforts to respond within two hours of the start of Prime Shift on the next business day. IBM is not responsible for delays in response delivery caused by systems and network problems. Your Responsibilities You agree to: 1. ensure you are properly licensed to all software Supported Products for which you request assistance; 2. retrieve and review a current Supported Products List on a regular basis to verify whether there have been any additions or deletions within your covered support groups; 3. ensure that any access codes we provide to you are used only by your authorized personnel; 4. designate a technically qualified representative (called "Primary Technical Contact") who will be your focal point to whom we may direct general technical information pertaining to your Supported Products. Your Primary Technical Contact and each caller must have sufficient technical knowledge of your Supported Products environment to enable effective communication with our support center; 5. provide us with all relevant and available diagnostic information (including product or system information) pertaining to software problems you request assistance with; 6. provide us with appropriate remote access to your system to assist you in isolating the software problem cause. You will remain responsible for adequately protecting your system and all data contained therein whenever we remotely access it with your permission; and 7. provide us with written notice of changes to your machine inventory within one month after the change occurs. Such changes may cause a revision to your charges for this Service. * Termination You may terminate Support Line Service for any support group or any optional feature on one month's written notice to us and your IBM Business Partner after it has been covered under this Statement of Work for at least one year. However, you may not terminate Support Line if you have elected to continue feature support. We may withdraw Service for a support group on the Supported Products List on three months' written notice to you and your IBM Business Partner. Other changes to the Supported Products List (for example, addition of new products or deletion of products at their end of currency date) will be posted to the Supported Products List at http://www.ibm.com/services/sl/products as they occur. If we withdraw or either of us terminate a Support Line Service or optional feature as provided in this Statement of Work, and it is a Service or feature for which you have prepaid and we have not yet fully provided to you, you may request a prorated credit from your IBM Business Partner. This will apply if z125-5766-10 5/2002 (MK076) 09/27/2002 Page 6 IBM withdraws support for an entire support group but not if we simply withdraw support for individual products. AS/400 Software Services Alert provides automatic weekly notification of the following for selected IBM Products: 1) High Impact and Pervasive Authorized Program Analysis Reports (called "HIPER APARS") and 2) any Program Temporary Fixes we discover to be defective (called "PE PTFs"). We provide notification via your choice of available delivery methods. Z125-5766-10 5/2002 (MK076) 09/27/2002 Page 7 IBM Schedule for Services Acquired from an IBM Business Partner - ServiceSuite This Schedule contains a listing of the Eligible Machines at the Specified Locations identified below for which we will provide the identified Services as described in your end users Statement of Work. These terms are in addition to those of the referenced Statement of Work and IBM Agreement for Services acquired from an IBM Business Partner (or any equivalent agreement signed by both of us and identified below). Customer Name and Bill nq Address: City of Boynton Beach Avnet/HalI-Mark Division 6550 N Loop 1604 E San Antonio, TX 78247 Agreement No: Statement of Work No: IBM ServicesAssistant No: Associated Contract No: Associated Contract Start Date: Customer No: Revised Schedule (Yes/No): Schedule Effective Date: G2109CLF No 10/15/2002 Business Partner Name and Address: Avne~HalI-Mark Division 6550 N Loop 1604 E San Antonio, TX 78247 ASPID No: 8426127 Charge Period: Start Date: End Date: 10/15/2002 10/14/2005 The parties need not sign this Schedule, unless either of us requests it. Agreed to: Agreed to: City of Boynton Beach International Business Machines Corporation By Authorized signature Name (type or print): By Authorized signature Name (type or print): Date: Date: Z120-5769-04 7/99 09/27/2002 Page 1 IBM Schedule for Services Acquired from an IBM Business Partner - ServiceSuite ............ Eligible Machine ......... Maintenance Service Manufacturer I I Machine I ] Related Type of I I Order/ Order/ Repair J Charges I Type Model Serial Serial Qty # ~ Start** Customer No / Location: 00000000 iBM 3581 H 17 000000000 1 B 1 W 10/15/2003 IBM 9406 820 000000000 1 B 1 W 10/15/2003 Charges Stop** Z120-5769-04 7/99 09/27/2002 Page 2 IBM Schedule for Services Acquired from an IBM Business Partner - ServiceSuite Eligible Machine Description Type Mod Proc Serial Support Feature Service Customer No / Location: 00000000 AS400 ALERT 9406 820 1523 000000000 SL OS/400 SUPPORT GROUP 2435 Customer Technical Contact Name (if applicable) Service Option/ Qty Charges Charges Product Group Start** Stop** ALERT 1 Cust~ 00000000 FULL SHIFT AS GROUP H OS/400 1 Z120-5769-04 7/99 09/27/2002 Page 3 IBM Schedule for Services Acquired from an IBM Business Partner - ServiceSuite Legends: # Type of Repair Service A) On-Site Repair/Exchange Services, Monday through Friday (excluding holidays), 8am to 5pm B) On-Site Repair/Exchange Services, 7 days a week, 24hrs/day C) On-Site Repair/Exchange Services, 5 days a week, 9hrs/day, 4 hour response objective. This type of repair service includes a response time objective and is not a guarantee D) On-Site Repair/Exchange Services, 7 days a week, 24hrs/day, 2 hour response objective. This type of repair service includes a response time objective and is not a guarantee X) EasyServ (remotely delivered services) f~ Maintenance Services 1) Maintenance of IBM Machines 2) Maintenance of non-IBM Machines 3) Warranty Services Upgrade * Charges shown are for Charge Period -An (E) indicates a Machine that has been announced as withdrawn from generally Maintenance Service -An (H) indicates a Machine that is under an existing ESA proposal/contract -An (L) indicates a Machine that is under an existing legacy prepay CHIS proposal/contract -An (O) indicates One Time Charge -A (U) indicates Usage Charges which are measured in either Feet, Hours, or Impressions -A (W) indicates a Machine/Model/Feature under Warranty -An (X) indicates On-order Products which are shown for planning purposes only ** Charges Start/Stop dates shown are those that differ from the Contract Period Start/End Dates Z120-5769-04 7/99 09/27/2002 Page 4 Prepared for Peter Wallace City of Boynton Beach City of Boynton Beach sin 29APM Business Partner Current Model/Type 9406-600 Processor #2136 CPW rating 73.1 Software Group: P20 Memory 384MB Internal DASD 85.8GB RAID 5 Yes Ethernet attachment (1) 10/100 BaseT GB Ethernet N/A Token Ring (1) 16/4Mbps Twinax Workstation Controller 68 user capable V.24 Comm Lines 1 Tape #1 external MSI Exabyte DLT Tape #2 1/4" cartridge CD ROM Yes New 9406-820, eServer iSeries: IBM 3580-H17 LTO tape unit, 7 data cartridges, 1 cleaner cart.: Software/Services Uo~rades Description 5733-SM3, 3 Yr. SW subscription Total List Price: State Contract discount: ..- Net Hardware/Software Price: New eServer iSeries 9406-820 #2435/1523 120/600 P20 2GB 210.48GB Yes (1) 10/100 BaseT (1) 1GB Ethernet Card 0 40 user base twinax only (3) V.24, (1) internal data/modem 3580-H17 LTO autoloader 16GB 1/4" cartridge Yes, DVD RAM $ 179,854.00 $ 9,094.00 IBM & Midran.qe Services: 3 Yr. Advanced ServiceSuite full coverag~Lll~_-~ ~ ~,~ $ State Contract discount: $ Net Total: $ 36 Month IBM Financing:-- $ $ 24,874.00 $ 213,822.00 $ ~ (21,382.20) $ 192,439.80 31,997.66 ~4,064.46) 220,373.00 6,606.97 Prepared by Steve Marinak Midrange Support and Service, Inc. Output File Name: C:~econfig\UserData~boynton.rtf Date : 18 September 2002 PCConv(ECMAS4) Version : 3.2 Time : 20:33:52 Last Build : 28 June 2002 CFREP©RT : boynton Currency : USD Hardware Price File : US Dollars--iSeriesorAS/400Comm 14 SEP 02 Software Price File : US Dollars--iSeriesorAS/400Comm 14 SEP 02 Upgrade Price File : US DollaUPG-iSeri 14 SEP 02 This configurator is classified for proposal usage for IBM personnel and Business Partners only. The configurator USER must provide complete and accurate information in order to produce a valid upgrade system order or proposal. The user will be held responsible for verifying that the price, terms, and conditions are consistent with the current sales manual. Commitments on prices should not be made without complete verification with the sales manuals. Prices are for your information only and are subject to change. Applicable taxes are not shown. *************************** HARDWARE BASE SYSTEM *************************** Product Description Serial Qty Purchase Maint 9406-600 AS/400E SYSTEM UNIT 000029APM 0003 NOTIFY CSO AFTER INSTALL 0044 DATA LOSS PROTECTION 0348 V.24/EIA232 20-FT PCI CABLE 2136 MODEL 600 PROCESSOR 2722 PCI TWINAXIAL WORKSTATION IOA 2724 PCI 16/4MBPS TOKEN-RING IOA 2726 PCI RAID DISK UNIT CTLR 2729 PCI MAGNETIC MEDIA CTLR 2809 PCI LA/~/WAN/WORKSTATION IOP 2838 PCI-100/10.MBPS ETHERNET IOA 2924 ENGLISH 2960 120 VOLT POWER CORD 3110 64MB MAIN STORAGE 5025 SOFTW~_RE VERSION V4R3 5520 COMPLETE SYSTEM ORDER 6485 13GB 1/4-INCH CART TAPE 6813 8.58GB DISK UNIT 7128 DASD EXPANSION UNIT 8813 OPT BASE 8.58GB DISK UNIT 9082 14 FOOT LINE CORD 1 13,000.00 i N/c i N/c 1 125.00 1 62,000.00 1 750 00 1 840 00 1 6,000 00 1 1,300 00 1 1,800 00 1 900 00 2 N/C 1 N/C 6 3,840.00 i N/C 1 N/C 1 4,400.00 8 13,200.00 1 850.00 1 600.00 1 N/C 88.00 157.00 27.00 69.00 9720 BASE PCI WAN/TWINA-XIAL IOA 9406-600 Price Monthly Maintenance N/C 109,605.00 341.00 ************************** HARDWARE TARGET SYSTEM ************************** Product Description Serial Qty Purchase Maint 9406-820 0041 0089 0348 0829 1412 1523 2435 2749 2760 2843 2924 3007 4318 4530 4583 4745 4746 4778 4838 5000 5028 5155 5157 5531 5540 7127 9002 9771 ISERIES 400 1 10,000.00 DEVICE PARITY PROTECTION-ALL 1 N/C EXTERNAL TAPE ATTACH 1 N/C V.24/EIA232 20-FT PCI CABLE 3 375.00 #4318 LOAD SOURCE SPECIFY 1 N/C 125V 6-FT LINE CORD 1 N/C INTER3~CTIVE CAPACITY CILRD 1 80,000.00 MODEL 820 PROCESSOR 1 31,000.00 PCI ULTR3~ MAG MEDIA CTLR 1 1,300.00 PCI 1GBPS ETHERNET UTP IOA 1 1,820.00 PCI IOP 2 3,850.00 ENGLISH 1 N/C 1GB MAIN STOP~AGE 2 16,384.00 17.54GB 10K RPM DISK UNIT 12 16,800.00 DVI)-R3%M 1 1,600.00 16GB 1/4-INCH CARTRIDGE TAPE 1 3,900.00 PCI WAN IOA 1 425.00 PCI TWINA~XIAL WORKSTN IOA 1 750.00 PCI RAID DISK UNIT CTLR 1 6,000.00 PCI 100/10MBPS ETHERNET IOA 1 900.00 SW PRELOAD REQUIRED 1 N/C SOFTWARE VERSION V5R1 1 N/C REDUNDANT POWER AND COOLING 1 1,950.00 FEATURE POWER SUPPLY 1 1,950.00 ALT IPL SPECIFY FOR 16GB 1 N/C ATTACH TWNA_X~tL WKSTA CTRL 1 N/C DASD EXPANSION UNIT 1 850.00 DUAL LINE CORD ENABLER 1 N/C BASE PCI 2-LINE WAN W/MODEM 1 N/C 179,854.00 9406-820 Price Monthly Maintenance 3581-H17 ULTRIUM TAPE AUTOLOAD 0000000 1 8001 1 DATA CARTRIDGE 7 8002 1 CLEANING CARTRIDGE 1 9400 ATTACHED TO AS/400 SYSTEM 1 9702 2.5 M HD68/HD68 SCSI CABLE 1 9800 2.7M POWER CORD 125V,US/CANADA 1 3581-H17 Price Annual Maintenance 5372-IS5 VERSION 5 SOFTWARE PRELOAD 0820 MODEL 820 ROUTING CODE 1000 OS/400 (5722-SS1) 1009 QUERY (5722-QUl) 8,060.00 931.00 103.00 N/C N/C N/C 9,094.00 N/C N/C N/C N/C 138.00 146.00 208.00 83.00 575.00 1,380.00A 1,380.00 1011 DB2 QRY (5722-ST1) 1013 XW1 CLIENT USER (5722-XW1) 1015 WEBSPH DEV (5722-WDS) 1501 PSF 1-45 (5722-SS1) 2924 ENGLISH U/L SBCS PRIMARY 3510 VERSION 5 RELEASE 1.0 5000 PRE-LOAD Total Hardware Price Monthly Maintenance Annual Maintenance N/C N/C N/C N/C N/C N/C N/C ========= 188,948.00 575.00 1,380.00 ******************** HARDWA~RE MACHINES TO BE INSTALLED ******************** Product Description Serial Qty Purchase Maint 9406-820 0041 0089 0348 0829 1412 1523 2435 2749 2760 2843 2924 3007 4318 4530 4583 4745 4746 4778 4838 5000 5028 5155 5157 5531 5540 7127 9002 9771 ISERIES 400 DEVICE PARITY PROTECTION-ALL EXTERNAL TAPE ATTACH V.24/EIA232 20-FT PCI CABLE #4318 LOAD SOURCE SPECIFY 125V 6-FT LINE CORD INTERACTIVE CAPACITY CARD MODEL 820 PROCESSOR PCI ULTR3~ MAG MEDIA CTLR 1 PCI 1GBPS ETHERNET UTP IOA 1 PCI IOP 2 ENGLISH 1 1GB MAIN STOP~AGE 2 17.54GB 10K RPM DISK UNIT 12 DVD-R3%M 1 16GB 1/4-INCH CARTRIDGE TAPE 1 PCI WA/~ IOA 1 PCI TWINAXIAL WORKSTN IOA 1 PCI RAID DISK UNIT CTLR 1 PCI 100/10MBPS ETHERNET IOA 1 SW PRELOAD REQUIRED 1 SOFTWARE VERSION VSR1 1 REDUNDANT POWER AND COOLING 1 FEATURE POWER SUPPLY 1 ALT IPL SPECIFY FOR 16GB 1 ATTACH TWNAYJLL WKSTA CTRL 1 DASD EXPANSION UNIT 1 DUAL LINE CORD ENABLER 1 BASE PCI 2-LINE WAN W/MODEM 1 9406-820 Price Monthly Maintenance 3581-H17 ULTRIUM TAPE AUTOLOAJD 0000000 8001 1 DATA CARTRIDGE 8002 1 CLEANING CARTRIDGE 9400 ATTACHED TO AS/400 SYSTEM 9702 2.5 M HD68/HD68 SCSI CABLE 9800 2.7M POWER CORD 125V,US/CA/~ADA 10,000.00 N/C N/C 375.00 N/C N/C 80,000.00 31,000.00 1,300.00 1,820.00 3850.O0 N/C 16 384.00 16 800.00 1 600.00 3 900.00 425.00 750.00 6,000.00 900.00 N/C N/C 1,950.00 1,950.00 N/C N/C 850.00 N/C N/C 179,854.00 1 8,060.00 7 931.00 1 103.00 1 N/C i N/C 1 N/C 138.00 146.00 208.00 83.00 ====== 575.00 1,380.00A 3581-H17 Price Annual Maintenance 5372-IS5 VERSION 5 SOFTWkRE PRELOAD 0820 MODEL 820 ROUTING CODE 1000 OS/400 (5722-SSt) 1009 QUERY (5722-QU1) 1011 DB2 QRY (5722-ST1) 1013 XW1 CLIENT USER (5722-XW1) 1015 WEBSPH DEV (5722-WDS) 1501 PSF 1-45 (5722-SS1) 2924 ENGLISH U/L SBCS PRIMARY 3510 VERSION 5 RELEASE 1.0 5000 PRE-LOAD 9,094.00 1 N/C ~ N/C 1 N/C 1 N/C 1 N/C 1 N/C i N/C 1 N/C 1 N/C i N/C 1 N/C 1,380.00 ********************* HARDWARE MACHINES TO BE REMOVED ********************* Product Description Serial Qty 9406-600 AS/400E SYSTEM UNIT 000029APM 1 0003 NOTIFY CSO AFTER INSTALL 1 0044 DATA LOSS PROTECTION 1 0348 V.24/EIA232 20-FT PCI CABLE 1 2136 MODEL 600 PROCESSOR 1 2722 PCI TWINAXIAL WORKSTATION IOA 1 2724 PCI 16/4MBPS TOKEN-RING IOA 1 2726 PCI P~AID DISK UNIT CTLR 1 2729 PCI MAGNETIC MEDIA CTLR 1 2809 PCI LAN/WAN/WORKSTATION IOP 1 2838 PCI 100/10MBPS ETHERNET IOA 1 2924 ENGLISH 2 2960 120 VOLT POWER CORD 1 3110 64MB MAIN STORAGE 6 5025 SOFTWARE VERSION V4R3 1 5520 COMPLETE SYSTEM ORDER 1 6485 13GB 1/4-INCH CART TAPE 1 6813 8.58GB DISK UNIT 8 7128 DASD EXPANSION UNIT 1 8813 OPT BASE 8.58GB DISK UNIT 1 9082 14 FOOT LINE CORD 1 9720 BASE PCI WAN/TWIN~2~IAL IOA 1 9406-600 Price Monthly Maintenance Total Hardware Price Monthly Maintenance A~nnual Maintenance 341.00- 188,948.00 609.10 1,380.00 *************************** SOFTWARE BASE SYSTEM *************************** Product Description Serial Qty License 5716-DCT LANG DICTIONARIES OS/ 0000R8776 0722 PG P20 BASIC OTC 9001 ASSET REGISTRATION 5716-DCT OTC 1 N/C 1 495.00 i N/C 495.00 5733-SMS AS/400 SFTW SUB W/SER 000000SN1 1 N/C 2166 PG P20 1 N/C ************************** SOFTWARE TARGET SYSTEM ************************** Product Description Qty License 5722-QU1 QUERY FOR ISERIES 1 N/C 0466 UPGR FROM V4 (P20) 1 N/C 2924 ENG U/L SBCS PRIMARY 1 N/C 3434 PRELOAD SOFTWARE PRODUCT 1 N/C 5809 SUPPLY FEATURE QUERY IS 1 N/C 5722-SS1 OPERATING SYSTEM/400 1 N/C 0616 BASE OTC (P20) 1 N/C 0671 UPG OTC PSF 1-45(F/5769-SS1) 1 N/C 1925 MANGFACT FEAT PTF CD 1 N/C 2924 ENG U/L SBCS PRIMARY 1 N/C 3434 PRELOD2D SOFTWARE PRODUCT 1 N/C 5809 SUPPLY FEAT OS/400 BASE 1 N/C 5906 SUPPLY FEAT PSF/400 1-45 IPM 1 N/C 8136 OS/400 BACKUP AND RECOVERY 1 25.00 5722-SS1 OTC 25.00 5722-ST1 DB2 QUERY MGR & SQL DEV KIT 1 N/C 0473 UPGR FROM V4 (P20) 1 N/C 2924 ENG U/L SBCS PRIMARY 1 N/C 3434 PRELOAD SOFTWARE PRODUCT 1 N/C 5809 SUPPLY FEATURE DB2 QUERY IS 1 N/C 5722-WDS WEBSPHERE DEV STUDIO ISERIES 1 N/C 0852 UPGR FROM V4 (P20) BASE 1 N/C 2924 ENG U/L SBCS PRIMARY 1 .N/C 3434 PRELOAD SOFTWARE PRODUCT 1 N/C 5809 S/F_WS DE~ STLrDIO ISERIES I N/C 5722-XW1 ISERIES ACCESS 1 N/C 0798 UPGR PER USER - F V4 (XW1) 100 N/C 2924 ENG U/L SBCS PRIMARY 1 N/C 3434 PRELOAD SOFTWARE PRODUCT 1 N/C 5709 S/F ISERIES CLI ACC F~4, USER 1 N/C 5733-A38 MQSERIES FOR ISERIES, V5.2 1 N/C 2924 NLV PGM PKG US ENG 1 N/C 5819 5.2 MEDIA 1 N/C 9001 ASSET REGISTR3~TION 1 N/C 5733-NKY INACTIVATE SOFTWARE KEY 1 N/C 2508 5769/5722~QU1 1 N/C 2511 5769/5722-ST1 1 N/C 2512 5769-RG1 1 N/C 2516 5769/5722-XW1 1 N/C 2526 5769-PW1 1 N/C 2681 PSF/400 1-45 IPM 1 N/C 4001 SW KEY 1ST MT DIGIT V5 9 N/C 4002 SW KEY 2ND MT DIGIT V5 4 N/C 4003 SW KEY 3RD MT DIGIT V5 10 N/C 4004 SW KEY 4TH MT DIGIT V5 6 N/C 4005 SW KEY lST CPU DIGIT V5 10 N/C 4006 SW KEY 2ND CPU DIGIT V5 10 N/C 4007 SW KEY 3RD CPU DIGIT V5 2 N/C 4008 SW KEY 4TH CPU DIGIT V5 9 N/C 4009 SW KEY 5TH CPU DIGIT V5 11 N/C 4010 SW KEY 6TH CPU DIGIT V5 26 N/C 4011 SW KEY 7TH CPU DIGIT V5 23 N/C 5733-SMS AS/400 SFTW SUB W/SERVICESUITE 1 N/C 2166 PG P20 1 N/C Total Software OTC ========= 25.00 ************************* SOFTWARE TO BE INSTALLED ************************* Product Description Serial Qty License 5722-QU1 QUERY FOR ISERIES 0466 UPGR FROM V4 (P20) 2924 ENG U/L SBCS PRIMARY 3434 PRELOAD SOFTWARE PRODUCT 5809 SUPPLY FEATURE QUERY IS 1 N/C 1 N/C 1 N/C 1 N/C 1 N/C ************************* SOFTWARE TO BE INSTALLED ************************* Product Description Serial Qty License 5722-SS1 OPER3%TING SYSTEM/400 1 0616 BASE OTC (P20) 1 0671 UPG OTC PSF 1-45(F/5769-SS1) 1 1925 MANGFACT FEAT PTF CD 1 2924 ENG U/L SBCS PRIMARY 1 3434 PRELOAD SOFTWARE PRODUCT 1 5809 SUPPLY FEAT OS/400 BASE 1 5906 SUPPLY FEAT PSF/400 1-45 IPM 1 8136 OS/400 BACKUP AND RECOVERY 1 N/C N/C N/C N/C N/C N/C N/C N/C 25.00 5722-SS1 OTC 25.00 ************************* SOFTWARE TO BE INSTALLED ************************* Product Description Serial Qty License 5722-ST1 DB2 QUERY MGR & SQL DEV KIT 1 0473 UPGR FROM V4 (P20) 1 2924 ENG U/L SBCS PRIMARY 1 3434 PRELOAD SOFTWARE PRODUCT 1 5809 SUPPLY FEATURE DB2 QUERY IS 1 N/C N/C N/C N/C N/C ************************* SOFTWARE TO BE INSTALLED ************************* Product Description Serial Qty License 5722-WDS WEBSPHERE DEV STUDIO ISERIES 1 0852 UPGR FROM V4 (P20) BASE 1 2924 ENG U/L SBCS PRIMARY 1 3434 PRELOAD SOFTWARE PRODUCT 1 5809 S/F WS DEV STUDIO ISERIES 1 N/C N/C N/C N/C N/C ************************* SOFTWARE TO BE INSTALLED ************************* Product Description Serial Qty License 5722-XW1 ISERIES ACCESS 1 0798 UPGR PER USER - F V4 (XW1) 100 2924 ENG U/L SBCS PRIMARY 1 3434 PRELOAD SOFTWARE PRODUCT 1 5709 S/F-ISERIF~S CLI ACC FAM, USER 1 N/C N/C N/C N/C N/C ************************* SOFTWARE TO BE INSTALLED ************************* Product Description Serial Qty License 5733-A38 MQSERIES FOR ISERIES, V5.2 2924 NLV PGM PKG US ENG 5819 5.2 MEDIA 9001 ASSET REGISTR3%TION I N/C 1 N/C i N/C 1 N/C ************************* SOFTWARE TO BE INSTALLED ************************* Product Description Serial Qty License 5733-NKY INACTIVATE SOFTWARE KEY 1 N/C 2508 5769/5722-QU1 1 N/C 2511 5769/5722-ST1 1 N/C 2512 5769-RG1 1 N/C 2516 5769/5722-XWl 1 N/C 2526 5769-PW1 1 N/C 2681 PSF/400 1-45 IPM 1 N/C 4001 SW KEY 1ST MT DIGIT V5 9 N/C 4002 SW KEY 2ND MT DIGIT V5 4 N/C 4003 SW KEY 3RD MT DIGIT V5 10 N/C 4004 SW KEY 4TH MT DIGIT V5 6 N/C 4005 SW KEY 1ST CPU DIGIT V5 10 N/C 4006 SW KEY 2ND CPU DIGIT V5 10 N/C 4007 SW KEY 3RD CPU DIGIT V5 2 N/C 4008 SW KEY 4TH CPU DIGIT V5 9 N/C 4009 SW KEY 5TH CPU DIGIT V5 11 N/C 4010 SW KEY 6TH CPU DIGIT V5 26 N/C 4011 SW KEY 7TH CPU DIGIT V5 23 N/C ************************** SOFTWARE TO BE REMOVED ************************** Product Description Serial Qty 5716-DCT LANG DICTIONARIES OS/ 0000R8776 1 0722 PG P20 BASIC OTC 1 9001 kSSET REGISTRATION 1 Total Software OTC 25.00 N/0 N/A N/C A W/D F P Not Offered Price Not Available in Price Database No Charge Annual Maintenance Price WITHDP~AWN ESA 7x24 Full Coverage ESA 9x5 Prime Coverage Parts removed as a result of a model upgrade become the property of IBM. ******************************* GRAND TOTALS ******************************* Hardware Price Software OTC System Total Monthly Maintenance Annual Maintenance 188,948.00 25.00 188,973.00 234.00 1,380.00 ..~ 0 ?_ 0 .J < 0 _J < < 0 D < _J 000 000 ~~ O0 ooooo~~ ~00000~ 00000000000000000 0 0 0 Z 0 LU [ '' 0~0 000000 0~ 0000000000000 ~000000 DDDDDDD 0000000 000000 o~o~ooooooo~ 000000000000 000000000000 ~0~0~~ ~~OOOOOO ' ~OOOO oo oo °~°°~°°°S o oDDDDDDDDD ~ o o o o ooooo oooooooooo ~oooo~~ o~~~o 00000 O0 .. WW~W~ 0000 ~000 00~0.~00 0 ~QoQooooooo o o ~DDDDDDDDDD~ 0 000000 ',,OOOOOO 000000 ~DDDD~D 000000000 < 0 ~,''''''''' ' ~0000000000 ~mmmmmmmmmmO0~0 0 W DDDDDDDDD~~DDDDDD ~000000000000000000000 0 0 < > 0000 ~oSo~o~o~oooooo~o~o~ooooooooooo~o~o~°~°°~ ~ ~ ~ ~~ ~ ~ ~~~~ ~ ~ ~ ~ 0000000000000000000000000000000000000000 ~00~00~0~0~000000000000000~~000000000 iiiiiiiiiiiiiiiiiiiiiiiiiiiIIIIIIIIIIIII oooooooooooooooooooooooooo oo o ~00~00~0~0~00000000000~000 O0 0 ~~o~ooOOO~oooo~ooo~ooo~oo~°°° WWWWWWWWWWWWWWW DDDDDDD 0000000 DDDD000000000000 ~~DDDDDDDDDDDD 00000000000000 000000000000 O0 000~~000000000 ~O0000~K~~ DDDDDDDDDD 0000~ DDDDDDD 0000000 o (D > o (D 0 o z~O ~ z~ ~z <mm z ~0 ~ The State may purchase additional months of maintenance to enhance or complement the Standard IBM warranty. Additional months of maintenance may be purchased at the prices listed through June 30, 2007. For example: a machine with a one year Standard IBM warranty may be complemented with 24 additional months of maintenance by multiplying the monthly price by 24 and including that amount in any subsequent Purchase Order. The Purchase Order should include a reference to Optional Support under the State contract. The Purchase Order should include the number of months used for the calculation. For machines with Features, any additional months must include the applicable amount for all Features which have a corresponding maintenance charge. Features are listed by machine type under the Model/Feature heading. Usage charges for machines with meters are in addition to the prices in this table. # "Depot" maintenance. Certain repairs to a mobile product may require sending the Machine to an IBM repair center (Depot Repair). Florida Department of Management Services ITB 52-250-000-B - Appendix 2 - Benchmark List Optional Support Offerings June 5, 2002 Page 1 New ASI400 Situation. The City Of Boynton Beach purchased the current AS/400 system in 1999 to host the Finance application from H.T.E. The AS/400 was purchased with 254 MB of memory and 40 Gig of storage. Since that time, we have added 18 additional H.T.E. modules such as CX (water meter/billing), building permits, planning & zoning, business licenses, code enforcement, land management (maintenance of parcel/property addresses), asset management, etc. With the additional software, we have upgraded the AS/400 to 384 MB of memory and 80 Gig of storage. With the upgrade, we have leveraged all memory and storage capacity. The system is extremely slow for users executing reports such as the HR Department that takes up to 6 hours to run benefits reports wile preventing other users to run request on the system. The daily batch cycle that provides billing statement to the water customer is taking over four hours. The tardiness is causing delays to the billing cycle and the backup window. It is important to have a successful backup on a nightly basis. The following AS/400 management report shows the AS/400 is constantly operating at maximum processing power-without the ability to upgrade ASI400 System Management Report Average Memory Storage Time Line User Capacity Capacity Status 07:00-10:00 14 98 99Critical 10:00-13:00 11 78 98Critical 13:00-17:00 15 87 98 Critical 17:00-1:00 2 65 98 Marginal 01:00-07:00 1 64 99Marginal 150 100 u 50 ~. 0 Time Line A$1400 Management Report · 07:00- 10:00- 13:00- 17:00- 01:00- 10:00 13:00 17:00 1:00 07:00 Time of Day - Average Memory Storage VII.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FO vl Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to Ciw Clerk's Office Meeting Dates [] August6,2002 JulylT, 2002 (5:00p.m.) [] October l. 2002 [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 [] September 3, 2002 August 19, 2002 (Noon) ~'- November 6, 2002 [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19. 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement ~ [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve and authorize full release of surety for the project known as Hunters Court. EXPLANATION: The City of Boynton Beach is currently holding letter of credit number BA404 from Bank Atlantic in the amount of $142,000 as surety for completion of the potable water and sanitary sewer systems serving this project. Those systems have been fully completed and have operated satisfactorily during the one-year warranty period. That letter of credit may now be returned to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's Code allows for full release of surety upon completion of all required ~'~~/~-~/~imlIx'gvements and the warranty~j~,~period.t~.e "~:~-Dep~tment44ead's'Signa(ure ~ : '~' - ' ' C~ty Manager s S~gnature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachment) Mary Munro, Finance Dept. " File " S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE SURETY (LETTER OF CREDIT (BA404) IN THE AMOUNT OF $142,000 FOR THE WATER AND SANITARY SEWER SYSTEMS SERVING THE PROJECT KNOWN AS HUNTERS COURT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the project is complete and the City has completed its final inspections, and verified that all portions of the water and sanitary sewer systems are operating satisfactorily; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, based the recommendation of staff, hereby approves a full release of the surety for the water sanitary sewer systems serving the project known as Hunters Court. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Clerk ICorporate Seal) Commissioner Commissioner Release Surety Hunters Court P.O. Box 8608 Ft. Lauderdale, FL 33310-8608 (954) 760-5000 IRREVOCABLE LETTER OF CREDIT July 7, 1999 BENEFICIARY: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33437 Amount: $142,000.00 Date of Expiry: July 7, 2000 Place of Expiry: BankAtlantic, 1750 E. Sunrise Blvd., Fort Lauderdale, FL 33304 Letter of Credit Number: BA404 We establish our Clean Irrevocable Letter of Credit No. BA 404, dated July 1, 1999 in your favor for the account of Strata Development Corporation, 4837 Coconut Lane, Boynton Beach, FL 33436 against the terms and conditions described below accompanied by drafts drawn on BankAtlantic, a Federal Savings Bank, 1750 E. Sunrise Blvd., Fort Lauderdale, FL 33304 and which bears the signature of Utilities Director of Boynton Beach. Partial Draws are not permitted. This Letter of Credit is issued for completion of the on-site and off-site sanitary sewer and water shown on sheets one (1) thru six (6) of the plans by the Strata Development Corporation, titled water and sanitary sewer plans, Hunters Court, dated June 4, 1999. Drafts drawn under this credit must indicate: "Drawn under BankAtlantic, a Federal Savings Bank, Letter of Credit No. BA404, dated July 7, 1999. DOCUMENTS REQUIRED: 1. Original BankAtlantic Letter of Credit No. BA404 2. Beneficiary's signed statement as follows: "An Affidavit signed by an authorized agent of the City of Boynton Beach indicating that the drawing is due to default in performance of certain obligations or failure to pay sums to complete the on-site and off-site sanitary sewer and water shown on sheets one (1) thru six (6) of the plans by Strata Development Corporation titled Water & Sanitary Sewer Plans, Hunter Court, dated June 4, 1999. BankAtlantic Letter of Credit No. 404 Page 2 It is a condition of this Letter of Credit that is shall be deemed automatically extended without amendment for one year from the present or any future expiration date hereof unless at least sixty (60) days prior to such date we shall notify you in writing by Certified Mail, Remm Receipt Requested, or hand delivery at the above address that we elect not to consider this Letter of Credit renewed for such additional period. We hereby engage with you that drafts drawn and presented in conformity with the terms of this credit will be duly honored. Payment will be made VIA check in the name of Beneficiary listed above, and will be mailed to the Beneficiary address listed above. Except as otherwise expressly stated herein, this credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication Number 500. As to matters not covered by UCP, this credit shall be subject to and governed by the laws of the State of Florida. This letter of credit is enforceable in a court of competent jurisdiction in Palm Beach County, Florida. Executive Vice President LC404.1wp VII.-CONSENT AGENDA ITEM C.2. CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 6, 2002 [] August 20. 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to Cit~ Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16. 2002 (Noon) September 30, 2002 (Noon ) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Consent Agenda [] Public Hearing [] Bids [] Announcement [] City Manager's Report [] Development Plans [] New Business ,-,.~ [] Unfmished Business Presentation Motion to authorize full release of surety for the project known as BAPS, and refund the amount of $1,30rkto developer of the project. EXPLANATION: The City of Boynton Beach is currently holding cash surety in the amount of $1,301 as surety for completion of the potable water system serving this project. That system has been fully completed and has operated satisfactorily during the one-year warranty period. The cash surety may therefore be refunded to the project developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's Code allows for full release of surety upon completion of all required imp~;~, ents and the warranty period. ,~lo~ Depart(n~ent H~'ad's'Sign~mr~ City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachment) Skip Milor " Mary Munro, Finance Dept. " File " S:"~BULLETIN\FORMS',AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF THE CASH SURETY IN THE AMOUNT OF $1,301.00 FOR THE PROJECT KNOWN AS BAPS DEVELOPMENT POTABLE WATER SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, BAPS Development Inc. of Boynton Beach provided cash surety in the of $1,301 as surety for the potable water system; and WHEREAS, the system has been completed and has operated satisfactorily during one-year warranty period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash surety in the amount of $1,301 to BAPS Development of Boynton Beach. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk ~:ca~Reso\Letter of Credit/Full Release of Surety BAPS Devel. Commissioner Commissioner DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 1,301.00 To: BAPS Development Inc. 541 S.E. 18th Avenue Boynton Beach, FL 33435 For: Reduction of surety for the project know as BAPS Development Commission Approved: Requested by Peter Mazzella, Deputy Utilities Director Date October 17, 2002 Approvals: Dept. Head Finance Dept. City Manager 401 0000 220 99 00 1,301.00 $1,301.0C RESOLUTION NO. R01- A RESOLUTION OF TH~ CITY COM2vlISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A P.EDUCTION IN THE CASH SURETY POSTED BY .BAPS DEVELOPMENT FOR INSTALLATION OF UTILITIES FROM $26,015.00 TO $1,301.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this parcel, previously posted a Cash Bond in the amount of $26,015.00 as surety to guarantee a installation of utilities for BAPS and WHEREAS, a fuml inspection has been conducted on this project and it has been by staff that the sum of $1,301.00 should be held, which is 5% of the original for the balance of the warranty period; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYI~I'ON BEACH, FLORIDA~ THAT: ~ The City Commission of the City of Boynton Beach, Florida, .based the recommendation of staff, hereby approves a reduction in the Cash Surety posted by from $26,015.00 to $1,301.00. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~,! day of August, 2001. VII.-CONSENT AGENDA ITEH C.3. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans c-~ [] Consent Agenda [] New Business -4 [] Public Hearing [] Legal ~_~ [] Bids [] Unfinished Business 7' ' [] Announcement [] Presentation ~ [] City Manager's Report c_n RECOMMENDATION: Motion to approve and authorize to execute by resolution, Task Order no. 17 with CH2MHili for the final design, bidding services, services during construction and reports for Aquifer Storage and Recovery Well #2, in the amount of $231,970. This task order is to be authorized pursuant to the existing contract for consulting services approved October 4, 2000. EXPLANATION: CH2MHili has completed the modeling, preliminary design and permit application for the proposed second Aquifer Storage and Recovery (ASR) well to be located at the East Water Treatment Plant. This new task will encompass all of the steps required for final design, bid preparation and bidding, and engineering services during construction of the new well. The additional well, for which the City has already been awarded a $300,000 grant from the South Florida Water Management District, will allow the Utility to capture and store up to 4 million gallons per day of additional water during wet weather, for recovery and use during dry weather, thereby reducing our dry-weather impacts on the surficial aquifer system. PROGRAM IMPACT: Development of a second ASR well will provide an alternative water supply source to the surficial aquifer during dry seasons, and will increase'the Utility's ASR recovery capacity from 2 million gallons per day to approximately 6 million gallons per day. FISCAL IMPACT: The lump sum cost for the completion of all items associated with this Task Order is $231,970. Funding is available from the Series 1996 Revenue Bonds and the Utility General Reserve funds. ALTERNATIVES: Not proceed with the development of ASR no. 2. S:\BULLETIN\FORMSL&GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XC: Deparlrhent h~ad's Signature UTILITIES Department Name Peter Mazzella (w/copy of attachments) Barbara Conboy " Finance Department " File C]"ty Manager's Signature City Attorney/Finance / Human Resources S:\BULLETIN~FORMSLAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING EXECUTION OF TASK ORDER NO. 17 FOR CH2M HILL, INC., IN THE AMOUNT OF $231,970.00 FOR THE FINAL DESIGN, BIDDING SERVICES, SERVICES DURING CONSTRUCTION AND REPORTS FOR AQUIFER STORAGE AND RECOVERY WELL//2; AND PROVDING AN EFFECTIVE DATE. WHEREAS, task order 02-17 is for the final design, bidding services, services during :onstmction and reports for Aquifer Storage and Recovery Well//2; and WHEREAS, CH2M Hill has completed the modeling, preliminary design and permit application for the proposed second Aquifer Storage and Recovery (ASR) well to be located at the East Water Treatment Plant; WHEREAS, the City Commission, upon staff's recommendation, has deemed it ~ppropriate, and in the best interests of the public, to approve a Task Order for ~H2M Hill., in an amount of $231,970.00 to encompass all of the steps required for final :lesign, bid preparation and bidding, and engineering services during construction of the new a, ell; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF FHE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. hereby authorize and direct the Mayor and City Clerk to approve and execute The City Commission of the City of Boynton Beach, Florida does Task Order ~:\CA\RESO~.greements~Task - Change Orders~CH2M Hill Task orcler.doc 12-17 for CH2M Hill, in the amount of $231,970.00. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner T; Clerk k\CA\RESO~Agreements~Task - Change OrclersXCH2M Hill Task orde~'.do¢ Task Order No. 17 Engineering Services for Phase II- Final Design, Bidding Services, Services During Construction and Reports for Aquifer Storage and Recovery Well ASR-2 at the City of Boynton Beach East Water Treatment Plant A. Background The City of Boynton Beach (the CITY) owns and operates an Aquifer Storage and Recovery (ASR) well at its East Water Treatment Plant (WTP). The ASR well is used for the storage of treated water from the WTP and has proved to be a valuable water resources management tool. A second ASR well (ASR-2) for the storage of treated water has been proposed by the City. Groundwater modeling to optimize the spacing between the existing ASR well (ASR- 1) and the proposed ASR-2 has been completed by CH2M HILL (the CONSULTANT). Results of the modeling indicate that an ASR well located near the southern boundary of the WTP will optimize recovery efficiency from the two ASR wells. The project has been divided into two phases. The first phase, which includes the preparation of a construction permit application with a preliminary design in support of the permit application, has already been authorized and is near completion. This Task Order is for the second phase of the project which includes engineering services for the final design of ASR-2, bidding services, services during construction, Engineering report preparation, and preparation of an Operation and Maintenance Manual, B. Scope of Services These scope of services provide for the final design engineering, bidding services, services during construction of ASR-2, and report preparation. Design of this facility will include the following components: · A 16-inch diameter Aquifer Storage and Recovery well · Curbed concrete drillir~g pad · Drilllr~g pad water table monitor wells · Recharge piping, valves and appurtenances tied into existing finished water main · Discharge piping, valves, and appurtenances tied into the WTP · Vertical turbine pump and motor (Recovery) · Finished water booster pump station (Recharge), if needed · Electrical system improvements related to the ASR well · Instrumentation and controls related to the ASR well Task 1 - Final Design Services The CONSULTANT will provide the following services to the CITY during the final design of the Aquifer Storage and Recovery well: DF~TO_18_ASR2_ I01402.DOC I 1. Construction Drawings. The CONSULTANT will produce civil, structural, mechanical, instrumentati°n and electrical construction drawings. It is estimated the CONSULTANT will produce approximately 12-15 construction drawings. Drawings will be produced on ll-inch by 17-inch sheets and will include: · Site/civil layouts · Well and expected hydrogeology Structural · P&IDs · Well (recovery) and finished water booster (recharge) pump · Mechanical, equipment, and piping layouts · Utilities · Electrical · Instrumentation and control · Associated details, legend sheets and cover 2. Construction Documents. The CONSULTANT will produce construction documents for ASR-2 that will include specifications, equipment and instrttment lists, and functional descriptions. Specifications will be prepared in conformance with the sixteen-division format of the Construction Specifications Institute (CSI). The CONSULTANT shall also prepare the front-end bidding.and contractual doctunents in accordance with the CITY's requirements. 3. Detailed Design Submittal. The CONSULTANT will provide a 90 percent design submittal (six copies of documents) for ASR-2 utilizing the design concepts developed in the preliminary design that was prepared in support of the construction permit application with FDEP. The submittal will include the following: · Draft technical specifications and construction documents · 90 percent design drawings (11 x 17 copies) · A preliminary schedule for construction and start up testing A detailed construction cost opinion based on the 90% complete construction documents Copies of these documents will be signed and sealed by the appropriate professional engineers and submitted to FDEP and Palm Beach County Health Department (PBCHD) to obtain permits as part of a previously authorized separate Task Order. 4. Detailed Design Review Meeting. Within 2-weeks of the C1TY receiving the Detailed Design Submittal, the CONSULTANT will conduct a 90 percent review meeting with CITY staff to review the design, schedule and opinion of cost. The review will consist of one meeting between the CITY and key members of the CONSULTANT project team. The CONSULTANT will prepare and distribute written summaries of decisions rendered. T~e approved written stunmaries will serve as the basis for proceeding with the completion of detailed design. 5. Final Detailed Design Submittal. Based upon the comments agreed upon as a result of the 90 percent review meeting with the CITY, the CONSULTANT will prepare a 100 percent (final) design submittal for ASR-2. These documents will be used to obtain competitive bids for the construction of this project. The submittal will include: DFI~TO_ 18_ASR2_lO1402.DOC · Five sets of final (100 percent) Volume 1 Contract Documents (i.e., front ends and specifications) · Five sets of final (100 percent) Volume 2 half size drawings (two sets of full Size drawings will also be provided). · Estimated construction schedule · Estimated Opinion of Cost for the ASR well facility construction After acceptance by the CITY of the CONSULTANT's 100 percent drawings and specifications, the CONSULTANT shall proceed with performance of the services called for in the Bidding Phase. Task 2 - Bid Phase Services Bid phase services will be provided for the ASR well design package. The bid phase services to be performed by the CONSULTANT are: 1) Bid Package Preparation. The CONSULTANT will prepare Drawing and Specification packaging for bidding purposes. The CONSULTANT will reproduce and distribute construction bid documents or solicitation of quotes to prospective bidders, on behalf of the CITY. 2) Pre-Bid Meetings. The CONSULTANT will coordinate and attend one Pre-Bid meeting and issue meeting minutes summarizing topics of discussion and responding to t Bidder questions. 3) 4) Technical Issues. The CONSULTANT will coordinate all communications with bidders on matters related to technical aspects of the design. All correspondence on these matters will be copied to the CITY. Addenda. The CONSULTANT will issue addenda, if required, based upon the questions of prospective bidders and the need to clarify the Contract Document's intent. 5) Bid Review. The CONSULTANT will review the bids received for accuracy and prepare Bid Tabulation for review by the CITY. The CONSULTANT will review Bid Documents of the apparent low bidder including payment and performance bond information, insurance information, and references. Based upon the above, the CONSULTANT will issue a Recommendation of Award letter to the CITY. 6) "As Bid" Conformed Construction Documents. The CONSULTANT will produce a total of six copies of conformed "As Bid" Contract Document Specifications and Drawings, incorporating all Addenda. This will indude the selected Contractor's Bid, Payment and Performance Bond and Certificates of Insurance. The conformed construction documents will be issued to the CITY and Contractor for signature and execution. Two copies will be issued to the Contractor, two copies will be issued to the CITY, and two copies will be issued to the CONSULTANT. 7) Drawing Copies. The CONSULTANT shall provide to the CITY an electronic copy and one reproducible copy of conformed drawings for the City's use. OFI~TO_ 16_ASR2_ I01402.DOC 3 8) Bid Service Completion. Bid services will be considered complete upon the CONSULTANT's review and providing the Contractor's executed documents and conformed contract documents to the CITY. Task 3 - Services During Construction Services during construction (SDC) will be provided for the ASR-2 construction phase. The services during construction to be performed by the CONSULTANT are: 1. Pre-Construction Meeting. The CONSULTANT will coordinate and conduct a pre- construction meeting with CITY staff, Contractor, and subcontractors. Meeting minutes will be prepared and copies will be distributed by the CONSULTANT. 2. Communication with Regulatory. Agency. As a requirement of the CITY's construction permit issued by FDEP for ASR-2, the CONSULTANT will maintain communication with the Underground Injection Control (UIC) -Technical Advisory Committee (TAC). Two representatives from CH2M HILL will attend up to two (2) meetings with the TAC during the construction phase of ASR-2. Provide weekly work summary reports to the TAC and CITY during well construction. Prepare and submit required information to the TAC. This includes the final casing seat selection and ASR storage interval for the ASR well. 3. Shop Drawing Submittals Review. The CONSULTANT will review shop drawing submittals and other data that the Contractor is required to submit. These shall be reviewed for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Such review is not intended as an approval of the submittals if they deviate from the Contract Documents or contain errors, omissions, and inconsistencies, nor is it intended to relieve the Contractor of his full responsibility for Contract performance, nor is the review intended to ensure or guarantee lack of inconsistencies, errors, and/or omissions between the submittals and the Contract requirements. 4. Technical Interpretations. The CONSULTANT will provide technical interpretations of the drawings, specifications, and Contract Documents, and evaluate requested deviations from the approved design or specifications. Act as the initial interpreter of the Contract Documents pertaining to the execution and progress of the work. 5. Monthly Payment Applications Review. The CONSULTANT will review and make determinations necessary for the approval or rejection of the Contractor's monthly payment applications. The approved payment applications, with the CONSULTANT recommendation, will be forwarded to the CITY. 6. Resident Observation. The CONSULTANT will provide onsite resident observation of the construction activities during construction of ASR-2. The CONSULTANT will provide qualified staff who will serve as resident observer for the Engineer of Record. Per the requirements of the CITY's construction permit issued by FDEP for ASR-2, resident observation services will be provided on an overall project average of 12 hours per day. Construction duration is estimated to be 75 working days (total of 900 hours). Daily onsite time will vary depending on the construction activities in progress. Total construction time is expected to be approximately 90 working days (18 weeks at 5 days 4 DFB\TO_I 8_ASR2_101402.DO~ per week), 15 days of which will not require a resident observer. Examples of when a resident observer will not be needed include periods when maintenance is being performed on construction equipment or when reaming of pilot holes is taking place. The resident observer will be familiar with ASR well system construction and will assist in monitoring the construction progress, in checking compliance with technical plans and specifications, and in the preparation of progress payment submittals. The resident observer will also be responsible for the collection and field analysis of water quality samples, formation sample identification and cataloging, and daffy record keeping. 7. Final Review. The CONSULTANT will make a final review of the construction to determine if the work has been completed in conformance with the intent of the Contract Documents, assist in negotiating final payment for construction and submit a final letter report upon which final settlement and termination of the Contract can be based. The CITY and appropriate regulatory agencies may furnish a representative to jointly make the final observation of the construction. The proceedings of all final settlement negotiations will be documented and the basis for final payment recorded. 8. Start-Up Services and Training. The CONSULTANT will provide start-up services that will consist of a presentation to plant operators on the operation of the well and associated mechanical systems, the anticipated operating conditions and the required collection and reporting of operational monitoring data. The CONSULTANT will be present during start up and initial equipment testing. 9. Certification of Completion and Record Drawings. The CONSULTANT will provide a certification of completion of construction by the Engineer of Record and Record Drawings as required the FDEP after completing construction of ASR-2. 10. Operational Testing Request. Upon completion of ASR-2, the CONSULTANT will prepare a Request for Operational Testing for submittal to FDEP for review and approval. The CONSULTANT will respond to up to one (1) request for information from the FDEP related to the Request for Operational Testing. Task 4 - Engineering Report and Operation and Maintenance Manual Per the requirements of the CITY's construction permit issued by FDEP for ASR-2, an Engineering Report describing the well construction and testing and an Operation and Maintenance Manual shall be prepared by the CONSULTANT for submittal to the City and the FDEP. The following services will be provided by the Consultant: 1. Engineering Report. The CONSULTANT will prepare an Engineering Report documenting the construction and testing of ASR-2 for submittal to the City and FDEP. 2. Operation dnd Maintenance Manual. The CONSULTANT will prepare and submit to the City and FDEP an Operation and Maintenance (O&M) Manual for ASR-2. 3. Respond to Requests for Information. Respond to up to a total of two requests for information (RFIs) from FDEP regarding the Engineering Report and the O&M Manual. DITTO_ 18._ASR2,_ 101402.DOC 5 C. Assumptions The following assumptions were made for the preparation of this Task Order: · Design of ASR-2 assumes one set of written comments from the CITY following their review of the 90-percent drawings and specifications. Additional reviews, not due to the errors or omissions of the CONSULTANT, shall be compensated for additional services under a separate addendum to this authorization. · Construction observation hours based on 90 days of actual construction and testing. If construction is delayed due to the CONTRACTOR or the CITY, the CONSULTANT shall be compensated for additional services beyond the 90-days under a separate addendum to this authorization. Compensation for responses to comments from FDEP on the Engineering Report and O&M is based on two RFIs. If additional RFIs are issued, not due to errors on the part of the CONSULTANT, then the CONSULTANT shall be compensated for additional services under a separate addendum to this authorization. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated October 4, 2000 between the City of Boynton Beach and CH2M HILL, Inc. E. Compensation Compensation by the CITY to the CONSULTANT for Phase II will be a lump sum basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Task Order is $231,970 as shown in Table 1. TABLE 1 ASR-2 Final Design, Bidding Services, SDC, and Reports Cit, ,nton Beach Labor Labor Cost Expense Cost Total Hours Task 1 - Final Design Services 324 $34,992 $37,123' $72,115 Task 2- Bid Phase Services 149 $15,950 $1,402 $17,352 Task 3- Services During 1,097 $102,556 $9,338 $111,894 Construction "- Task 4 - Engineering Report 259 $28,822 $1,787 $30,609 and O&M Manual TOTAL 1,829 $182,320 $49,650 $231,970 *Includes $29,000 for electrical engineering serv[ce subconsultant - Hillers Electrical Engineering, Inc. DFB\TO_ 18_ASR2_101402.DOC 6 F. Schedule The CONSULTANT will commence services upon receipt of written authorization and will complete the work according to the table below. Task 1 - Final Design Services 12 weeks after Notice to Proceed Task 2- Bid Phase Services 18 weeks after Notice to Proceed Task 3- Services During Construction 18 weeks after completion of Bid Phase Services Task 4 - Engineering Report and O&M 8 weeks after completion of construction Manual APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Mayor Gerald Broening Dated this __ day of ,2002. SUBMITTED BY: CH2M HILL, INC. k~j~e Presi~'~tit, Area Manager Dated this/~f/kday of ~0,,~e.~ ,2002. DFI~TO_t 8_AS R2_ 1014(~ DOC 7 VII.-CONSENT AGENDA ITEPl C.4 CITY OF BOYNTON BEACt AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] October I, 2002 September 16. 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] November 6.2002 October 14.2002 (Noon) [] November 19.2002 November 5, 2002 (Noon) September 3, 2002 (8:00 a.m.) [] Administrative [] Development Plans .-z - [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business ~.~ ~ :::~ [] Announcement [] Presentation [] City Manager's Report ca r.'~ ~. RECOMMENDATION: Motion to approve and authorize a reduction in surety for the project known as Tuscany on the Intracoastal from the current value of $187,142 downward to $9,350. EXPLANATION: The City of Boynton Beach is currently holding letter of credit number LC870-132291 from Wachovia Bank in the amount of $187,142 as surety for completion of the potable water and sanitary sewer systems serving this project. Those systems have been fully completed. The surety may now be reduced either by amending the letter of credit or by furnishing replacement cash surety. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City's Code allows for reduction of surety to 5% of the value of the improvements '2:mpleti°n °f all required c°nstructi°n' 'W'"- De~artme~ Head's Signature C~ty Manager*s Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachment) Mary Munro, Finance Dept. " File " S:\BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A REDUCTION IN THE LETTER OF CREDIT ISSUED BY WACHOVIA BANK (NO. LC870- 132291) FOR THE PROJECT KNOWN AS TUSCANY ON THE INTRACOASTAL FROM $187,142 TO $9,350; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this parcel, previously submitted a Letter of Credit in the amount of $187,142.00 as surety for the completion of the potable water and sanitary sewer systems; and WHEREAS, the Utility Department has completed final inspection and verified that all portions of the water and sewer systems are operating satisfactorily. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, based upon the recommendation of staff, hereby approves a reduction of a Letter of Credit issued by Wachovia Bank (No. LC870-132291) for the project $187,142 to $9,350. Section 3. That this Resolution shall become effective immediately upon passage. S:\CA~,ESO\Letters of Credit~Reduction of Surety - Tuscany.doc PASSED AND ADOPTED this ATTEST: City Clerk (Corporate Seal) :.a/r~odoc/R~xluctton of Surety - Tuscany S:\CAXRESO\Letters of CredithReduction of Surety - Tuscany.doc day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ALTMAN DEVELOPMENT CORPORATION October 10, 2002 VIA TELECOPIER Peter V. Mazzella, Assistant to the Utilities Director City of Boynton Beach Utilities Department 124 East Woolbright Road Boynton Beach, Florida 33425 Phone (561) 742-6400; Fax (561) 742-6298 Re: Tuscany on the Intercoastat, Boynton Beach, Florida Letter of Credit No. LC870-132291 from Wachovia Bank Dear Mr. Mazzella: Pursuant to our conversation of this date, this letter shall serve as our formal request that the subject Letter of Credit be reduced by ninety-five percent (95%). It is my understanding that this reduction will require the approval of the City Commission, and further that we can expect it to be on their agenda for November 19, 2002. Thank you for your attention to and consideration in this matter. Sincerely, ALTMAN DEVELOPMENT CORPORATION ~p/Rr;sGi~e°dn fte' I°w / cc: Dick DeRose Bob Rush w:tuscany/city/correspondence/during constmction/Mazzella loc reduction request lO 10 02.doc 2201 Corporate Blvd. N.W., Suite 200, Boca Raton, Florida 33431 (561) 997-8661 Fax (561) 997-8706 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM C.5. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6,2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Offic.~ September 16, 2002 (Noon)~; September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfimshed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Resolution authorizing the release of a cash bond of $2,640.00 to Master Auto Body for the project known as Master Auto Body. EXPLANATION: On October 14, 2002, the Building Division sent to the Finance Department a cash bond of $2,640.00 for the completion of the permitted work at Master Auto Body (1315 Neptune Drive). The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIV~e Quintus E. ~reen~, Development Director City Manager's Signature Development Department Department Name City Attorney / Finance / Human Resources S:~BULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING A REDUCTION OF A CASH SURETY IN THE AMOUNT OF $2,640 TO MASTER AUTO BODY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, cash surety was posted in the amount of $2,640.00 for the completion of the dumpster enclosure at Master Auto Body (1315 Neptune Drive); and WHEREAS, all work has been completed and the Building Division has issued a Certificate of Occupancy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the reduction of the cash surety in the amount of $2,640.00 to Master Auto Body. Section 2. That this Resolution shall become effective immediately upon >assage. PASSED AND ADOPTED this ~ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ~TTEST: City Clerk s:cah~eso~Letter of Credit/Cash Surety Release - Master Auto Body Commissioner Commissioner DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-254 TO: FROM: DATE: RE: Diane Reese, Finance Director Don Johnson, Building Officia~ October 3 I, 2002 RETURN OF CASH BOND - MASTER AUTO BODY - 1315 NEPTUNE DRIVE On October 14, 2002, we sent you a memo (copy attached) regarding a cash bond of $2,640.00 for the completion of the permitted work at the above address. The work has been completed and the final Certificate of Occupancy has been issued. Therefore, please return the bond to Master Auto Body. Attached are a Direct Payment Requisition and an Agenda Item Request form. DJ:rs Attachments XC: Timothy K. Large, Building Code Administrator James A. DugarffMaster Auto Body, 4000 Thor Dr.; Boynton Beach, FL 33426 Permit File # 02-3566 DIRECT PAYMENT REQUISITION PLEASE RETURN CHECK TO RUTH IN THE BUILDING DIV. Please issue a check in the amount of $ 2,640.00 To: Master Auto Body 4000 Thor Dr. Boynton Beach, FL 33426 Attn: Mr. James A. Dugan For: Return of cash bond for the completion of permitted work at Master Auto Body located at 1315 Neptune Dr. Requested by Department of Development Date October 31,2002 Approvals: Section Admin. Finance Dept. City Manager ~,-.-~'~ ~ 'Don Joh ns~/n 001 0000 220 99 00 2,640.00 2,640.00 rs Attachments\Memo # 02-228, 02-254 and Agenda Item Request Form S:\Development\BUILDIN(~Building Div\Documents\121 Forms\Cash Bond Return-Master Auto Bod~oc Master Auto Body & Master Fleet Center I-CIgl Geld Class SIIOll GCOlOI69 48001110r Drive BOllUtlll Black, Rlfld133426 Telopltmto: 561-572-2512 Fax: 561-572-2515 mall: mastors~maMtlJJupowormalLcom web site: master-aatokody, com October 31, 2002 Mr. Don Johnson, Building Department City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 ~i-" OCT 12002 BUll_DING DIVlSIOI~ Dear Mr. Johnson: On October 11, 2002 we issued check # 11782 in the mount of $2640.00 as a surety bond for the completion of the dumpster enclosure at our building at 1315 Neptune Drive. We have been issued our certificate of occupancy. All work is complete. Please refund our surety bond at this time. Thank you for all your help and for your attention to this matter. Sincerely, EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-228 TO: FROM: DATE: SUBJECT: Diane Reese, Finance Director Don Johnson, Building Official~ October 14, 2002 CASH BOND - MASTER AUTO BODY - 1315 NEPTUNE DRIVE Attached is a check for $2,640.00 from Master Auto Body. This is a cash surety for Master Auto Body and is to be held until all outstanding issues of their temporary Certificate of Completion are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Completion, the surety will be returned. DJ:rs Attachments/letter from Gregory D. Edlund, A.I.A. and check XC: Timothy K. Large, Building Code Administrator Permit File # 02-3566 S:\Development~BUILDINGXBuilding DivXDocuments~lemos in Word\Cash Bonds - 2002\Cash Bond - Master Auto Body.doc EXHIBIT "B" k .~Mrr'rE. PAY SOUTHTRUST ,SSUED BY: TRAVELERS EXPRESS COMPANY. INC.P O BOX ~,76. MIh~NEAPOLIS. MN ~480 mR ¢ ~- F RSTAR BANK OF MINNESOTA N A ST PAU MF C~T~ OF BOYNTON BEACH _.,~_ i',.: 29873 Boynton Beach, Florida ~, ~. ,. ~ ,. ~ EXHIBIT "C" Requested City Commission Meeting Dates [] August 6, 2002 [] August 20,2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's O '.fl~, e September 16, 2002 (No'nj September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Resolution authorizing the release of a cash bond of $1,485.00 to Petropac, Inc. for the project known as the Shell Gas Station. EXPLANATION: On April 23, 2002, the Building Division sent to the Finance Department a cash bond of $1,485.00 for the completion of the permitted work at the Shell Gas Station (301 N. Congress Avenue). The work has been completed and the Certificate of Occupancy has been issued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Qu~~ent Director Cit~Manager's Signature Development Department Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING A FULL RELEASE OF THE CASH SURETY IN THE AMOUNT OF $1,485.00 FOR THE PROJECT KNOWN AS SHELL GAS STATION; AND PROVDING FOR AN EFFECTIVE DATE. WHEREAS, Petropac Solutions, Inc. of Ft. Lauderdale provided cash surety in the amount of $1,485 to cover the cost of construction for the canopy over the gasoline dispensers until final inspections were obtained; and WHEREAS, the work has been completed and the Building Division has issued the Certificate of Occupancy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, hereby approves the release of the cash surety in the amount of $1,485 to Petropac, Inc. of Ft. Lauderdale. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Clerk ;:ca'uR. esoXLetter of Credit/Full Release of Surety Petropac, Inc. Commissioner DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-253 TO: FROM: DATE: RE: Diane Reese, Finance Director Johnson, Building OfficiaI)~/~ Don October 31, 2002 RETURN OF CASH BOND - SHELL GAS STATION (Canopy Replacement) - 301 N. CONGRESS AVENUE On April 23, 2002, we sent you a memo (copy attached) regarding a cash bond of $1,485.00 for the completion of the permitted work at the above address. The work has been completed and the final Certificate of Occupancy has been issued. Therefore, please return the bond to Petropac, Inc. Attached are a Direct Payment Requisition and an Agenda Item Request form. DJ:rs Attachments XC: Timothy K. Large, Building Code Administrator James A. Wynne III/Petropac Solutions, Inc., P.O. Box 292638; Ft. Lauderdale, FL 33329 Permit File # 01-4235 S:XDevelopment~BUILDING\Building Div~Documents\Memos in Word\Cash Bonds - 2002\Retum of Cash Bond - Shell Gas Station 014235.doc DIRECT PAYMENT REQUISITION PLEASE RETURN CHECK TO RUTH IN THE BUILDING DIV. Please issue a check in the amount of $ 1,485.00 To: Petropac, Inc. P.O. Box 292638 Ft. Lauderdale, FL 33329 For: Return of cash bond for the completion of permitted work at the Shell Gas Station located at 301 N. Congress Ave. Requested by Department of Development Date October 31, 2002 Approvals: Section Admin. Finance Dept. City Manager 001 0000 220 99 00 1,485.00 1,485.00 rs Attachments\Memo # 02-080, 02-253 and Agenda Item Request Form S:\Development\BUILDING~Building Div\Documents\121 Forms\Cash Bond Return-Shell Gts Station.doc pe/'rep c soluf ons inc. October 30, 2002 Phone: (954) 583-0548 Fax: (954) 581-9566 #CBC 034978 Orlando: (407) 880-0850 Tampa: (813) 875-8997 Ft. Myers: (941) 768-3535 City of Boynton Beach Building and Zoning Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Attn: Don Johnson, Building Official Dear Mr. Johnson: Shell Service Station 301 N Congress Ave. Boynton Beach, Florida Release of Cash Bond Permit/tO 1-4235 Petropac Job #EQ-7904 On April 23, 2002, Petropac Inc. submitted to the City of Boynton Beach an application for a Temporary Certificate of Occupancy. The City of Boynton Beach required a Cash Bond in the amount of $1,485.00 to cover the cost of construction for the canopy over the gasoline dispensers until final inspections were obtained. The final inspections for the above referenced project were obtained, and the Permanent Certificate of Occupancy was issued on July 05, 2002. Petropac Inc. hereby formally requests the release of the Cash Bond submitted to the City of Boynton Beach on April 23, 2002 for Permit//01-4235 in the amount of $1,485.00. Upon receipt and review of this request for the release of bond and if additional information is required please contact us at your earliest possible convenience. /~ames A Wynne III OCT ,- 0 2002 BUILDING DIVISION EXHIBIT "A" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-080 TO: FROM: DATE: SUBJECT: Diane Reese, Finance Director Don Johnson, Building Official April 23, 2002 CASH BOND - SHELL GAS STATION (Canopy Replacement) - 301 N. CONGRESS AVENUE Attached is a Cashier's Check for $1,485.00 from Petropac, Inc. This is a cash surety for the Shell gas station (canopy replacement) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days. Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. DJ:rs Attachments/letter from Richard R. Morris and check XC: Timothy K. Large, Building Code Administrator Permit File # 01-4235 S:XDevelopment~Building DivXDocumentsLMemos in Word\Cash Bonds - 2002\Cash Bond - Shell Gas Station (Canopy) 01-4235.doc EXHIBIT "B" 3ank of America Cashier's Check No. 2 2 3 8 8 7 ~,~,,,~.z,~~i~.~.~,o~L,~,~.~.,-;! ::; ~?..,.~ ~ ~:.~ "~1~~ ~ ~:,~;~."~ ~ ~ -,'.. ~::..; ..~. ~-~:~.~,~:~.~,~ ~.. ~o~ancy l~c 0(~.00 ocr ~ Remitter [Purchased By ) :nomn .. -.-.:.: ..:.- . -. ...... . . .,. :; :~.-~' The Order Of *~m .knronio, Texas Authorized Signature // i ,"~ ~:tP, 8?S,' I:],l,L, OOOOl, qt: THE ORIGINAL DOCUMENT HAS REFLECTWE WATERMARK ON TI-[E BACK O0 ~,r, ],00 20~= THE ORIGINAL DOCUMENT HAS REFLECTIVE WATER.MARK. ON TIlE BACK CITY OF BOYNTON BEACH Boynton Beach, Florida DEPARTMENT /~'.C~'C · EXHIBIT "C" MDM Central Florida 3706 DMG Dr. Lal~etand, FL 33811 863/64~-913O 863/648-1106 FAX email: mdmeng Ogate net MOM Sou~ FlorJ(:la 1412 SW 34th Ave. Oeerfleid 0each, FL 33442 954/427-3076 954/427-3420 FAX email: romengO aol.com MOM Atlanta 921 Faulkner Lane 8all Ground, GA 30107 770/345-3960 770/345-3961 FAX email: rnclmsvs ~ aol.com MOM Texas 1000 Post & Paddock Suite 100 Grand Prairie, TX 75050 972/206-2202 972/602-8482 FAX email: matmdmlx O aol.com MDM Services, Inc. Engineering and Environmental April 22, 2002 City of Boynton Beach Building Dept. 100 E Boynton Beach Blvd Boynton Beach, FL 33425 Re: Shell Gas Station-Canopy Replacement 301 N Congress (Permit # 01-4235) Engineer's cost estimate for installation and connection of Owner's canopy signs (2 ea., "SHELL". channel letter sets) for above referenced location provided as follows: · Sign install, labor and misc. materials: $ 750.00 · Electrical $ 600.00 ,~~..~al:% ~ $1350.00 Please advise if a~clarification required. FI Reg EXHIBIT "D" · Civil Engineering · Building Design · Permitting · Geotechnical · Environmental Assessments, Remediation · Construction Management V]'I'.-CONSENT AGENDA ITEM C.7. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOI M Requested City Commission Meetin,q Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM Date Final Form Must be Requested City Commission Turned in to City Clerk's Office Meeting Dates July 17, 2002 (5:00 p.m.) [] October 1, 2002 MON, August 5, 2002 (Noon) [] October 15, 2002 MON, August 19, 2002 (Noon) [] November 6, 2002 TUE$, Sept. 3, 2002 (8:00 a.m.) [] November 19, 2002 [] Administrative [] [] Consent Agenda [] [] Public Hearing [] [] Bids [] [] Announcement [] [] City Manager's Report Date Final Form Must be Turned in to City Clerk's Office MON, Sept. 16, 2002 (Noon) MON, Sept. 30, 2002 (Noon) MON, Oct. 14, 2002 (Noon) TUES, Nov. 5, 2002 (Noon) Development Plans New Business Legal Unfinished Business Presentation RECOMMENDATION: Staff recommends commission approval by motion for the City of Boynton Beach to enter into the Palm Beach County Development Regions Grant Agreement with Palm Beach County Board of County Commissioners. Request to approve Resolution R02- " EXPLANATION: Palm Beach County Office of Economic Development has accepted and approved proposals for Round VI of the Development Core Regions Grant. These grants have also have been approved by the Board of County Commissions. As a result, the agreement between the County and the City of Boynton Beach has been attached for approval. Palm Beach County has granted funding to High Ridge Properties LLC (Ocean Plaza) in the amount of $50,000, and United Forward Inc. and UF Fluid Systems, Inc., also in the Amount of $50,000. The City of Boynton Beach must provide a 50% match for each of these grants for a grant total of $50,000 to be funded through the Economic Development incentives as provided through the Utility Funds. PROGRAM IMPACT: N/A FISCAL IMPACT: The purpose of this program is to encourage economic development by assisting in redevelopment and revitalization of distressed areas by assisting business owners. The end result will be the creation of permanent full time jobs. ALTERNATIVES: ~, None. ~ Deparf'm~nt i--~a(:]~ Signature Department of Development Division of Community Improvement Department Name SPECIAL NOTES: City Manager's Signature ? Qor-m~.~ ity tmpro ,'amen~.~Econoa'ic F2c~velopm,£*nt~,f';ora~ranl\PolJnd\/I ,,",gl-al dot RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A PALM BEACH COUNTY DEVELOPMENT REGIONS GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR ROUND VI OF THE DEVELOPMENT CORE REGIONS GRANT; AUTHORIZING EXECUTION OF TWO AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH AND SUB- RECIPIENTS: (1) UNITED FORWARD, INC., AND UF FLUID SYSTEMS, INC., AND (2) HIGH RIDGE PROPERTIES, LLC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County Office of Economic Development has accepted an approved proposal for Round VI of the Development Core Regions Grant; and WHEREAS, Palm Beach County has granted funding to High Ridge Properties LLC IOcean Plaza), United Forward Inc., and UF Fluid Systems, Inc., in the amount of $50,000; and WHEREAS, the City of Boynton Beach must provide a 50% match for each of these grants for a total of $50,000 to be funded through the Economic Development Incentives as )rovided through the Utility Funds; and WHEREAS, the purpose of this program is to encourage economic development by tssisting in redevelopment and revitalization of distressed areas by assisting business owners, ultimately resulting in the creation of permanent full time jobs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby authorizes execution of the Palm Beach County Development Regions Grant Agreement letween the City of Boynton Beach and Palm Beach County, a copy of which is attached :\CAhRESO\Grants',PB Cry Dev Regions Grant Agreement 02.doc hereto and made a part here. Section 3. The City Commission of the City of Boynton Beach, Florida authorizes execution of two Agreements with sub-recipients, as follows: 1. United Forward Inc., and UF Fluid Systems, Inc.; and 2. High Ridge Properties LLC Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Clerk Commissioner ICorporate Seal) ;:\CA\RESO\Grants~PB Cty Dev Regions Grant Agreement 02.doc AGENDA ITEM REQUEST FORM EXHIBIT "A" PALM BEACII COUNTY DEVELOPMENT REGIONS GRANT AGREEMENT TillS AGREEMENT is made as of ~EP I tl ~ . by. and bctxveen Pahn Beach County. a political subdivision of the State of Florida. bv and through its Board of County Commissioncrs, hereinafter re/~xed to as COUNTY, and thc ~itF ,~fBol'nttm Bcttclt. a public bod~ co¢orate and politic, hereinalicr referred to as GRANTEE. W 1 T N E S S E T l-l: WIIEREAS, it is thc policy' of thc COUNTY to stimulate and cncouragc economic growth in Pahn Beach County; and WIIEREAS, the Board of County Commissioners has dctennmed that providing assistance and support within development regions is essential to a stronger, more balanced, and stable economy in Palm Beach County; and WHEREAS, GRANTEE wishes to provide such assistance and support by partictpating in the redevelopment and revitalization of a development region ~vithm GRANTEE'S ueouraphic boundaries; and ~ ~ WHEREAS, the Board o fCounty Co,'nmissioners las determined that the GRANTEE is best able to provide such assistance and support, as set forth by the terms of this Agreement; and WIIEREAS, the Board of County Commissioners has determined that it is in tile public's best interests to award a grant to the GRANTEE pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the promises and mutual covenants he,'emafler contained, the parties do agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS Redevelooment Activities. GRANTEE shall contract with one or more qualified entities to perform certain redevelopment activities as more specifically set forth in Exhibit A, attached hereto and incorporated herein by reference. Such activities as described in Exhibit A shall commence within twelve (12~ months Of the effective date of this A~.,reement. GRANTEE shall cause the redeveloptnent activities contemplated by this Agreement to be completed in accordance with the ten'ns of this Agreement. GRANTEE agrees that it shall be solely liable to COUNTY for performance under this Agreement, and that, in the event of default, GRANTEE shall, as more specifically set forth hereinafter, re,nd to COUNTY the Grant Award. GRANTEE hereby certifies that it is authorized by law to be so bound. Grant Award and Job Reouirements. GRANTEE shall cause, as a direct result of the activities set forth in Exhibit A to this Agreement, the creation o fat least twenty (20) full-time equivalent jobs in Palm Beach County within twenty 120} months maintain same for twenty-four (24'} months, or through the forty-fourth (44'") month, which ever shall occur first. The grant award is $5,000 per full-titne equivalent job. The total grant award, shall not exceed $100,000. In the event the GRANTEE tails to create, or fails to create and/or maintain, all or' the aforementioned jobs, GRANTEE shall refund to COUNTY the amount equal to the grant award per job, multiplied by the number of positions not created or maintained. GRANTEE shall provide evidence, satisfactory to COUNTY, substantiating the number, dates and salaries of all jobs retained in Palm Beach County. Such evidence must be provided within thirty-eight (38) months subsequent to the Effective Date of this Agreement. For the purposes hereof, a full-time or eouivalent/ob equals one job totaling 2080 hours annually or two or more positions that together total at least 2080 hours per year, paying a salary equal to or better than tile minimum wage as determined by the Department of Labor. For the purposes of this Agreement, the term salary means wages, gratuities, salaries, commissions, bonuses, drawing accounts (against future Do Fo earnings), prizes and awards (if given by an employer tbr the status ofemploymcntl, vacation pay, sick pay, and other payments coaststent w~th the Florida Department of Labor and Employment Security defimtions, paid to employees. Workforce Development Board. In thc event a job becomes available, tile business shall mail the job description to the Workfm-ce Development Bt~a,'d of' Palm Bcach County, Inc., at the address stated below. It is thc intent of this clausc to make all opening positions available on a compctxtivc basis. Kenneth E. Montgomery, Executive Director Workfbrce Development Board of Pahn Beach County. Inc. 2051 Martin Luther King Boulevard, Suite 302 Riviera Beach, Florida 33404 Verification of Terms and Conditions. As a Further condition to retaining any Grant Funds From COUNTY, the GRANTEE shall provide to COUNTY written verification, satisfactory to COUNTY in its sole discretion, that GRANTEE has satisfied the terms and conditions of' this Agreement, or caused the same to be satisfied. GRANTEE may provide to COUNTY this verification at any time tbllowing satisfaction of'such terms and conditions, but not later than the expiration of the forty-eighth (48'~) month subsequent to the Effective Date of this Agreement. In the eveqt GRANTEE thils to retain the required jobs, or provide the aforementioned verification within the permitted times, GRANTEE shall refund to COUNTY the portion of the grant award paid by COUNTY to GRANTEE tbr each job not retained, or verified. Material Change of C. ircumstances. GRANTEE shall immediately notify COUNTY of any material change of circumstances at tile business(es) identified on Exhibit A hereto. For the purposes hereof, material change oF circumstance shall include, but not be limited to, the failure of the business(es) to diligently and actively pursue fulfillment of the terms hereof, the sale or transfer of more than 10% of the assets or stock or ownership interest in the business(es), the suspension, closing or cessation of operation of the business(es), voluntary or involuntary bankruptcy or an assignment for the benefit of such business(es) creditors. In the event ora material change of circumstances, COUNTY shall have the right to terminate this Agreement, whereupon COUNTY shall have no further obligation to GRANTEE under this Agreement. Any Agreement entered into between GRANTEE and such business(es) shall require such business(es) to immediately notify GRANTEE and COUNTY of a material change of circumstances and shall inform such business(es) oF the potential for termination of funding ill the event of a material change of' circumstances. GRANTEE shall use reasonable diligence to monitor the business(es) to insure that no material change of circumstances occur at such business(es) which COUNTY is not informed of and shall certify to COUNTY the absence of same at the time of any requests for payment hereunder. ~u~ Project budget changes in Exhibit A of up to ten percent (I 0%) of the amount stated in this Agreement may be approved, in writing, by the Economic Development Coordinator at his discretion during the period of this Agreement. Such requests for budget change must be made in writing by tile GRANTEE to thc Economic Development Coordinator. 1I. PAYMENT PROCEDURES, CONDITIONS Reimbursement of Eli~,ible Exuenses. Upon satisfaction of conditions set forth herein, COUNTY shall pay GRANTEE a grant award of $100,000 (the "Grant Award"). GRANTEE shall only be entitled to receive the Grant Award available under this Agreement in reimbursement oF expenses related directly to the work as set forth on Exhibit A, for the eligible types of expenditures which are identified on DR Contract - City of' Boynton Beach 2 Co Do Exhibit B to this Agreement, which is attached hereto and incorporated herein by retcrcnce (the"Eligible Expenses"). To be eligible tbr reimbursement, such cxpenscs must be: I. incurred on or after September I 0, Y..)?. anti incurred not more than eighteen (IS l) calendar months subsequent Io the Effective Date of the Agreement; Proper Ducumentatio,~ of Expenses, Requests lbr pa.,anent of Eligible Expenses recurred after th,2 Effective Date of this Agreement shall be subnmted to COUNTY, anti shall be accompanied by proper documentation as detcn-nmed by County in its sole discretion. For the purposes of this paragraph, originals or cop[es of invoices, receipts, or other evidence o findebtedness shall be considered proper documentation. In the case of invoices that have not first been paid by GRANTEE, GRANTEE shall certify to the COUNTY that each invoice presented for payment relates directly to work satisfactorily completed in accordance with this Agreemeat. Reimbursement Deadline. Requests for payment of Eligible Expenses shall not be honored if received by COUNTY later than thc expiration of the twentieth (~0'~) calendar month following the Effective Date of this Agreement. If GRANTEE fails to submit any requests for payment of Eligible Expenses by the expiration of the twentieth (20'~') calendar month following the Effective Date of this Agreement, then COUNTY'S obligation under this Agreement shall automatically terminate, thereby relieving COUNTY of any future obligations hereunder. Failure to ¢0mply. If the GRANTEE fails to comply with any of the provisions of this Agreement, the COUNTY may withhold, temporarily or permanently, all, or any, unpaid portion of the Grant Award upon giving written notice to thc GRANTEE, terminate this Agreement and/or demand a refund of the Grant Award and the COUNTY shall have no further funding obligation to the GRANTEE under this Agreement. Reoavment of Funds. Thc GRANTEE shall repay COUNTY for all unauthorized, illegal or unlawful expenditures of funds, including unlawful and/or unauthorized expenditures discovered after the expiration of this Agree,'nent. The GRANTEE shall also be liable to reimburse the COUNTY for any lost or stolen funds· Ternfination of Algreement. Termination of this Agreement by COUNTY shall relieve COUNTY of any further obligation hereunder. Such ten'nination shall not release GRANTEE from its obligations hereunder, including, without limitation, those relating to verification of jobs retained and refunding any unearned portion of the Grant Award. Any portion of the Grant Award which is to be repaid to the COUNTY pursuant to this Agreement is to be repaid by delivering to the COUNTY a cashier's check for the total amount due, payable to Pahn Beach County, ~vtthm ninety (90) days of the COUNTY's detnand therefor. Remedy and Rights. Nothing contained herein shall be construed as limiting or waiving any .rights or.COUNTY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the COUNTY's rights in the event the GRANTEE fails to comply with the terms of this Agreement. DR Contract - City of Boynton Beach 3 III. COUNTY'S DEFAULT Nature of Default Notice. In the event that thc COUNTY thils to comply with tile terms of this Agreement, then GRANTEE shall provide the COUNTY with notice detailing the nature of the default, whereupon COUNTY shall have 30 days withm whicl't to initiate action to correct the default and 90 days within which to cure tile default. Fail to Cure Default. ltl tile event that tile COUNTY ['ails to cure thc default. GRANTEE shall have the right to tenninatc this Agreement. The Effcctl,.e Date of tim termination shall bo tile date of thc notice of termination by tile GRANTEE. IV. REPORTING REQUIREMENTS Commencing six (6) months following the Effective Date of this Agre'ement. GRANTEE shall submit to COUNTY semi-annual reports satisfactory to COUNTY in its sole discretion in the tbnnat set forth on Exhibit C, attached hereto and incorporated he,'ein by reference. These reports shall be submitted no later than thirty (30) days following completion of each reporting period. The final semi-annual report shall be submitted to the COUNTY no later than the forty-eighth (48u') month tbllowing the Effective Date of this Agreement. All grant payments made pursuant to this Agreement shall be contingent on the receipt aud approval of the se~ni-annual reports required by this paragraph. Failure of GRANTEE to submit satisfactory reports shall entitle COUNTY to ten'ninate this Agreement and demand a refund of the Grant Award. V. MAXIMUM GRANT AMOUNT In no event shall the reimbursements made to GRANTEE pursuant to this Agreement exceed the maximum total Grant Award of one hundred thousand dollars fSI00.000). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The COUNTY may have an audit, a financial system analysis and/or an internal fiscal control evaluation of the GRANTEE performed by an independent auditing finn employed by the COUNTY or by the COUNTY Internal Auditor, at any time the COUNTY deems necessary to determine the capability of the GRANTEE to fiscally manage the Grant Award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the COUNTY if requested. VII. PERFORMANCE The parties expressly agree that time is of the essence with regard to perfo,mance hereunder and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the COUNTY, in addition to any other of the COUNTY'S rights or remedies, relieve the COUNTY of any obligation under this Agreement. VIIi. INDEMNIFICATION GRANTEE shall protect, defend, reimburse, iudemnify and hold COUNTY, its agents, its employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages, or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of GRANTEE's performance of the terms of this Agn'eement or due to the acts or omissions of GRANTEE. IX. GRANTEE (PUBLIC ENTITY) INSURANCE REQUIREMENTS GRANTEE shall, on a prilna,'y basis and at its sole expense, agree to maintain at all times DR Contract - City of Boynton Beach 4 during the Ii~'¢ of tills Agreement, self-insurance, insurance coverages, I[mits, including endorsements, as described herein. Tile requ.'ements contained herein, as well as COUNTY'S review or acceptance oi'self-insurance or insurance maintained by GRANTEE are not intended to and shall not in any rammer limit or quell fy tile liabilities and oblige,oas assumed by GRANTEE under the Agreement. Sovereitzn Immunity. Without waiving the right to so'~ereign immunity as provided by Florida Statute, Chapter 768.28, GRANTEE reserves tile right to self-insure tbr General Liability and Automobile Liability under Florida's sovereign immunity statute with coverage limits of $100,000 Per Person and $200,000 Pet' Occurrence; or such monetary waiver limits as set forth by thc Florida Legislature. Liability & Additional Insured. In the event GRANTEE maintains Commercial General Liability or Business Auto Liability, GRANTEE agrees to maintain said insurance policies at limits not less than $500,000 per occurrence. GRANTEE further agrees to endorse Palm Beach County Board of County Commissioners as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than COUNTY's negligence arising out of this Agreement. This paragraph does not apply to an indemnity based claims-bill general liability policy. Co Worker's (~ompensation & Employer's Liability. GRANTEE agrees to maintain, or self-insure, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapter 440. Statement or (~ertificate of Insurano',: GRANTEE agrees to provide a statement, or Certificate of Insurance, evidencing insurance or self-insurance for the above required coverages to the attention of Palm Beach County, Economic Development Office, Governmental Center, 10th Floor, P.O. Box 1989, West Palm Beach, FL 33402. Couilt~ Reserves the Right. COUNTY, by and through its Risk Management Department, in cooperation with the Office of Economic Development, reserves the right to review, modify, reject or accept any required self-insurance, policies of insurance, including limits, coverages, or endorsements, throughout the life of this Agreement. COUNTY reserves the right, but not the obligation, to review and reject any self-insurer or insurer providing coverage because of its poor financial condition or failure to operate legally. X, AVAILABILITY OF FUNDS The COUNTY'S obligation to pay under this Agreement is contingent upon annual appropriation for such purpose by the Board of County Cornrnissioners. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Pahn Beach County. No remedy herein conferred upon any p.arty is ira.ended to be exclusive of any other remedy, and each and eve~ 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, by statute or othe~vise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. XII. NONDISCRIMINATION The GRANTEE warrants and represents that all of its employees are treated equally during employment xvithout regard to race, color, religion, disability, sex, agc, national origin. ancest~, rnarital status, or sexual orientation. DR Contract - City of Boynton Beach 5 XIII. SEVERABILITY [f any tcnn or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unentbrceable, the remainder of tins Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Abq-eement shall be deemed valid and enlbrceable to the extent peri'hilled by taw. XIV. ENTIRE AGREEMENT The COUNTY and the GRANTEE agree that this Agreement sets tbrth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, temis and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. XV. CONSTRUCTION No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement: Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. XVI. SURVIVAL The parties' warranties, agreements, covenants and representations set tbrth in this Agreement shall survive the expiration or termination of this Agreement. XVII. ASSIGNMENT GRANTEE may not assign this Agreement or any interest herein without the prior written consent of COUNTY, which may be granted or withheld at COUNTY's sole and absolute discretion. XVIII. GOVERNING LAW & VENUE This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. Venue in any action, suit or proceeding in connection with this Agreement shall be in a state court of competent jurisdiction in Palm Beach County, Florida. XIX. BINDING EFFECT This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and assigns. XX. TERM OF AGREEMENT This Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, arid shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners (the "Effective Date"). The Agreement will expire no later than forty-eight (48) months after the Effective Date. X.X1. tlEADINGS The paragraph headings or captions appearing in this Agreement are for convenience only. are not part of this Agn'eement, and are not to be considered in interpreting this Agreement. DR Contract - City of Boynton Beach 6 · v~x I 1. WAIVER XXIII. No waiver of any provision of this Agreement shall be effective against any party hcreto unless it is in writing and signed by thc party(s) waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or tiiture waiver. No single or partial exercise by any party or' any right, power, or remedy hereunder shall preclude any other or further exercise thereof. NOTICE All notices and elections (collectively, "notices") to be gi'.'ca or delivered by or to any party hereunder, shall be in writing and shall be (as elected by thc party giving such notice) han~t delivered by messenger, courier service or Federal Express, or alternately shall be scat 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 dr Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designated the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: Robert P. Turk, Economic Development Coordinator P.B.C. Governmental Center, 10th Floor 301 North Olive Avenue West Palm Beach, Florida 33401 561-355-3624 Fax: 561-355-6017 with a copy to: County Attorney's Office 301 North Olive Avenue, Suite 601 West Pahn Beach, Florida 33401 561-355-2225 Fax: 561-355-4398 and if sent to the GRANTEE shall be mailed to: Octavia Sherrod, Community Development Manager 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 561-742-6065 Fax: 561-742-6089 Any party may from time to time change the address to wi'rich notice under this Abn'eement shall be given such p. arty, upo? three (3) days prior written notice to the other parties. (Remainder of this page ,.vas left blank intentionally) DR Contract - City of Boynton Beach 7 IN WITNESS WHEREOF, the Board of County Commissioners of Pahn Beach County, Florida has made and executed this Agreement on behalf of the COUNTY and the MUNICIPALITY has hereunto set its hand the day and year above written. 2002 I608 ATTEST: DOROTHY Ft. WILKEN, Clerk _.--.¢~T Y ,~ ,,, -'" O~ ......... -'" " ..~ ~-, .,.' '- ¢.~ 9% By: ~~~, By: De' uty CI~'': GOUN~Y ~ ,,~.... ....~ PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS: W~rren HI~ewell, Chairman ATTEST: -5 - "'Jq:/ ,O~ ,',5 AND C8 'iONS By: CITY OF BOYNTON BEACH BY ITS BOARD OF COMMISSIONERS: / Mai~ By: Department Director APPROVED AS TO FORM H:\WPDATA\DR6\Cont~ctsxBoynlonBe~chContmcl.wpd (6/2002) DR Contract - City of Boynton Beach 8 #1 Project Name: Description: Location: Performance Goal: Funding Sources: Contact: EXHIBIT A BUSINESS/PUBLIC IMPROVEMENT PROJECT AND PRO,/ECT DESCRIPTION High Ridge PropetXics LLC (Ocean Plaza} Facade improvements made to a 17.000 sf retail shopping center in the Boynton Beach CRA. This is a 1971 vintage building. Upgrading of property will include redesigning property with new facade, landscaping, repaying, lighting, rootline, etc. Building at this time is 57% vacant. Ocean Plaza, 640 East Ocean Avenue, Boynton Beach, Florida 33475 Full-time o._.rr equivalent jobs to be created Full-time o_r equivalent jobs existing Pahn Beach County $ 50,000 City/CRA $ 25,000 Private Investment $198,500 Total Project Cost $273,500 10 15 (8 business tenants) Marc Fender, Manager 639 East Ocean Avenue, Suite 407 Boynton Beach. Florida 33435 561-752-4553 Fax:561-752-4387 #2 Project Name: Description: Location: Performance Goal: Funding Sources: Contact: United Forward [nc. and UF Fluid Systems, Inc. Subsidiary company will be manufacturing automotive fuel hoses. Phase IV of business expansion will be to purchase manufacturing equipment for new hose production in the Boynton Beach facility. 4020 Thor Drive, Boynton Beach, FL 33426-8407 Full-time or equivalent jobs to be created 10 Full-time or equivalent jobs existing 12 Palm Beach County $ 50,000 City/CRA $ 25,000 Private Investment $4.007.59 I Total Project Cost $4,082,591 Kevin Mushlin, Operations Manager 301 Yamato Road, Suite 2121 Boca.Retort, F!orida 33431 561-994-9441 Fax: 561-994-8331 DR Contract- City of Boynton Beach 9 EXHIBIT B LIST OF ELIGIBLE EXPENSES Acquisition of real property. 2. Expansion of existing property. 3. Providing payment of impact fees. 4. Public Improvements. (Includes Facade Programs) 5. Construction of new buildings. 6. Renovatmn of existing buildings. 7. Site development. 8. Machinery & Equipment DR Contract - City of Boynton Beach 10 Ltl NORTH RIVERINSURANCECO. CERTIFICATE OF INSURANCE DATE ISSUED: 7/22,/02 PRODUCER Arthur J. Gallagher & Co 2255 Glades Road Suite 400 E Boca Raton, FL 33431 INSURED City of Boynton Beach, FL 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate DOES NOT amend, extend or alter the coverage afforded by the policies below. COMPANY (A) COMPANY (BI COMPANIES AFFORDING COVERAGE NORTH RIVER INSURANCE COMPANY COMPANY (C) COMPANY (D) COVERAGES This is to certify that the policies of Insurance lis[ed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. CO TY~ OF INSURANCE POLICY NUMEER POLICY EFFECTIVE PO~,.ICY EXPIRATION LIMITS Lm DATE {MM/OOn'~ DATE (MM~:~'YY) SEE BELOW SEE BELOW' SEE BELOW' GENERAL UABIUTY A rla COMMERCIAL GENERAL LIABILITY ~ CLAIMS MAO~ ~ OCCUR i-1 OVVNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY A ~ ANY AUTO No{ Applicable Not App#cable No~ Applicable GENERAl. AGGREGATE PROOUCT~-COMP/OP AGG EACH OCCURRENCE FIRE DAMAGE (any otte fife) MED. EXPENSE (any o~e person) COMBINED SINGLE LIMIT SEE 9EL(;~N NA ALL OWNED AUTOS SCHEDULED AUTOS HfRED AUTOS NON-OVVNED AUTOS GARAGE LIABILITY EXCESS LIABILITY A I'I UMBRELLA FORM /~1 OTHER THAN UMBRELLA FORM WORKERS' COMI:~NSATION AND EMI~.OYER S' LIABILITY 1(3/1/O0 XXXX - POLICY SUBJECT TO SIR A~ per General Endo~ement FM GEN O( BODILY INJURY I~ll- Y INJURY PROPERTY DAMAGE EACH OCCURRENCE AGGREGATE STATUTORY LIMITS EACH ACCIDENT DISEASE-POLICE LIMIT C, ISEASE.E~CH Eh,~PLOYEE Not ApppCable Statuto~f DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - All operations usual to a City Government including Palm Beach County Economic Development Office as additional insured as respects Palm Beach County Development Regions Grant September 10,2002 thru September 9, 2003. All other terms and conditions of policy remain unchanged. . ...... CERTIFICATE HOLDER Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. AuthorLzed signature: - - Sandra M. Oonagh~' Palm Beach County Economic Development Office Governmental Center 10r" Floor PO Box 1989 West Palm Beach, FL 33402 RANGER/NSURANCE MANAGERS CERT'FICATE OF COVERAGE Administrator Issue Date 7/17/02 NT Cer~ific,Jte HoFder ATTN: PAM NOLAN, ECONOMIC DEVELOPMENT SPECIALIST PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS PALM BEACH COUNTY ECONOMIC DEVELOPMENT OFFICE GOVERNEMENTAL CENTER, 10TM FLOOR P.O. BOX 1989 WEST PALM BEACH, FL 33402 Florida League of Cities, Inc. Public Risk Services P.O. Box 530065 Orlando. Florida 32853-0065 COVERAGES COVERAGE PROVIOED BY: AGREEMENT NUMBER: FMIT 0055 TYPE OF COVERAGE - LIABILITY General Liability [] Comprehensive General Liability, Bodily InlurY, ProoerW Damage and Personal Iniury [] Errors and Omissions Liability [] Supplemental Employment Practice [] Eml~oyee Benefits Program Admimstration Liability [] Medical Attendants'/Medical Directors' Mall~actice Liabdity [] B~oad Form Property Damage [] Law Enforcement Liability [] Underground, Explosion & Collapse Hazard Limits of Uability · Combined Sincjle Limit Deductible N/A Automobile U a biter y [] All owneo Autos {Private Passenger) [] All owned Autos (Other than Private Passengerl [] Hired Autos [] Non-Owned Autos Limits of Liability · Combined Single Limit FLORIDA MUNICIPAL INSURANCE TRUST 10/1/0t J COVERAGE PERIOD: TO 9/30/02 12:00 Midnight Standard Time COVERAGE PERIOD: FROM TYPE OF COVERAGE - PROPERTY [] Bu~ldlnga [] Basic Form [] Special Form [] Pes'eon,. Progeny [] Basic Form [] Special Form [] Agreed Amount [] Deductible $5.000 [] Coinsurance 100% [] Blanket [] Specific [] Replacement Cost [] Actual Cash Value [] Miscellaneous [] Inland Marine [] Electronic Date P~ocess~ng [] Bond Limits of Liability on F'de with Adminiatrato~ TYPE OF COVERAGE · WORKERS' COMPENSATION [] Statutory Workers' Compensatmn [] Employers Liability S 1,000,000 Each Accident $1.000,000 By Oiseaee $ 1,000.000 Aggregate By Disease [] Deductible N/A Deductible N/A [] AutomobiletEquilm'ne~nt - Deductible [] Physical Damage Per Schedule - Coml~ehensive - Auto P~' Schedule - Collision - Auto Per Schedule - Miscellaneous Equibment Other Description of Operationa/Lo<:atio~slVehlcles/Specia4 Items RE: Palm Beach County Oevelobment Regions Grant. CITY OF 8OYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425 J U L Z 3 ~rjOZ CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this ~ day of , 2002, by and between the CITY OF BOYNTON BEACH, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, hereinafter referred to as "CITY OF BOYNTON BEACH," and United Forward, Inc.and UF Fluid Systems, Inc.., hereinafter referred to as "GRANTEE." WITNESSETH: WHEREAS, it is the policy of the CITY OF BOYNTON BEACH to stimulate and encourage economic growth within the CITY OF BOYNTON BEACH's redevelopment area, pursuant to carrying out its purposes as provided for under Chapter 163, Florida Statutes; and WHEREAS, the CITY OF BOYNTON BEACH has been awarded a grant known as the Palm Beach County Development Regions Core Grant Agreement dated September 10, 2002; and WHEREAS, pursuant to the administration of said Palm Beach County Development Regions Competitive Grant Agreement, the CITY OF BOYNTON BEACH wishes to provide assistance and support for the development and revitalization of the GRANTEE's business and properties within the CITY OF BOYNTON BEACH's redevelopment area; and WHEREAS, the CITY OF BOYNTON BEACH has determined that it is in the public's best interest and pursuant to carrying out its purposes, pursuant to the CITY OF BOYNTON BEACH's Community Redevelopment Plan to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to secure the public's interest in the grantee's fulfillment of its obligations, it is the intent of the grantor to obtain a security interest in the real property of the grantee. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS GRANTEE agrees that it will carry out the redevelopment project and 'activities as more specifically set forth in Exhibit "A" to this Agreement, attached hereto and incorporated herein by reference. GRANTEE agrees that the redevelopment activities contemplated by this Agreement will be completed in accordance with the terms of this Agreement. GRANTEE agrees that it is solely liable to the CITY OF BOYNTON BEACH for performance under this Agreement, and that, in the event of default, GRANTEE will, as more specifically set forth herein, refund to the CITY OF BOYNTON EIEACH ~onies paid pursuant to this Agreement. GRANTEE hereby certifies that it is authorized by law to be so bound. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. As a condition to retaining the maximum of Twenty Five thousand dollars ($25,000) from the CITY OF BOYNTON BEACH, the GRANTEE shall cause, as a direct result of the activities set forth in Exhibit "A" to this Agreement, the creation of at least Ten (10) full time equivalent jobs (1 FTE = 2,080 hours per year) in Palm Beach County within twelve months (12) of completion of the project as set forth in Exhibit "A". GRANTEE shall be entitled to retain such lesser amounts as may be equal to the grant award per job, multiplied by the number of positions created pursuant to this Agreement. In accordance with the provisions of paragraph I. E. hereinbelow, the number, dates and salaries of all hires in Palm Beach County must be substantiated by GRANTEE, to the CITY OF BOYNTON BEACH's satisfaction, within fourteen (14) months of completion of the project as set forth in Exhibit "A". For the purposes of this Agreement, the term salary means wages, gratuities, salaries, commissions, bonuses, drawing accounts (against future earnings), prizes and awards (if given by an employer for the status of employment), vacation pay, sick pay, and other payments consistent with the Florida Department of Labor and Employment Security definitions, paid to employees. As a further condition to retaining all grant amounts received from the CITY OF BOYNTON BEACH, GRANTEE shall cause to be paid an average salary equal to or greater than the minimum wage as established by the Department of Labor. As a further condition to retaining any Grant funds from the CITY OF BOYNTON BEACH, the GRANTEE shall provide to the CITY OF BOYNTON BEACH written verification, satisfactory to the CITY OF BOYNTON BEACH in its sole discretion, of compliance by GRANTEE with all agreed upon performance standards as set forth in paragraphs I. C. and 1. D. hereinabove. GRANTEE may provide to the CITY OF BOYNTON BEACH this verification once all applicable portions of the performance standards set forth in paragraphs I. C. and I. D. of this Agreement have been met; provided, however, that GRANTEE shall provide this verification on or before the expiration of the fourteenth (14) calendar month following completion of the project as set forth in Exhibit "A". Within ninety (90) days from the date this verification is submitted to the CITY OF BOYNTON BEACH, GRANTEE agrees to refund to the CITY OF BOYNTON BEACH Two Thousand nine hundred eighty-five and no/dollars ($2,985.00) for each position not created until the expiration of the twelfth (12) month following completion of the project as set forth in Exhibit "A". I1. date). PAYMENT PROCEDURES, CONDITIONS The Grant funds available under this Agreement will be provided only for · reimbursement of expenses related directly to the Scope of Work as set forth on Exhibit "A", which is attached hereto and made a part hereof. To be eligible for reimbursement, such expenses must be: Incurred on or after September 10, 2002 Aeneid (Retro date) Incurr. ed no later than September 10, 2004. (2 years from contract CITY OF BOYNTON BEACH agrees, pursuant to the terms of this Agreement, to make payments to the GRANTEE for all eligible types of expenditures as set forth in Exhibit "B" to this Agreement, attached hereto and made a part hereof. Requests by GRANTEE for payment shall be accompanied by proper documentation. For the purposes of this paragraph, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documentation cannot be III. presented, the GRANTEE must adequately justify their absence, in writing, and furnish copies thereof. In the case of invoices that have not first been paid by GRANTEE, GRANTEE shall certify to the CITY OF BOYNTON BEACH that each invoice presented for payment relates directly to work satisfactorily completed as co~'templated by this Agreement. Requests for payment for costs incurred after the effective date of this Agreement shall be submitted to the CITY OF BOYNTON BEACH no later than forty-five (45) days after the date the indebtedness was incurred. Requests for payment for costs incurred prior to the effective date of this Agreement shall be submitted to the CITY OF BOYNTON BEACH no later than fifteen (15) days after the effective date of this Agreement. Requests for payment shall not be honored if received by the CITY OF BOYNTON BEACH later than the expiration of the twenty fifth (25) calendar month following the effective date of this Agreement. If GRANTEE fails to submit any requests for payment by the expiration of the twenty fifth (25) calendar month following the effective date of this Agreement, then this Agreement shall automatically terminate, thereby relieving the parties hereto of any obligations hereunder. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY OF BOYNTON BEACH may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving wdtten notice to the GRANTEE, and/or terminate this Agreement and the CITY OF BOYNTON BEACH shall have no further funding obligation to the GRANTEE under this Agreement. eo The GRANTEE shall repay the CITY OF BOYNTON BEACH for all unauthorized, illegal or unlawful expenditures of funds, including unlawful and/or unauthorized expenditures discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY OF BOYNTON BEACH for any lost or stolen funds. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY OF BOYNTON BEACH and the CITY OF BOYNTON BEACH shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY OF BOYNTON BEACH and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY OF BOYNTON BEACH's determination. Funds which are to be repaid the CITY OF BOYNTON BEACH pursuant to this Agreement, are to be repaid by delivering to the CITY OF BOYNTON BEACH a cashier's check for the total amount due payable to the CITY OF BOYNTON BEACH within seventy-five (75) days of the CITY OF BOYNTON BEACH's demand, The above provisions do not waive any rights of the CITY OF BOYNTON BEACH or preclude the CITY OF BOYNTON BEACH from pursuing any other remedy whichmay be available to it under law. Nothing contained herein shall act as a limitation of the CITY OF BOYNTON BEACH's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. DEFAULT/TERMINATION In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non-defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have thirty (30) days within which to initiate action to correct the default and ninety (90) days within which to cure the default to the satisfaction of the non-defaulting party. In the event that the defaulting party fails to cure the default, the non- defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REPORTING REQUIREMENTS GRANTEE agrees to submit semi-annual (2) reports pursuant to the format set forth in Exhibit "D", attached hereto and made a part hereof. Beginning with the end of the sixth month following the effective date of this Agreement, these reports shall be submitted in a manner satisfactory to the CITY OF BOYNTON BEACH in its sole discretion no later than twenty (20) days following completion of each reporting period. The final semi-annual report shall be submitted to the CITY OF BOYNTON BEACH no later than the forty-seventh (47) month following the effective date of this Agreement. All grant payments made pursuant to this Agreement shall be contingent on the receipt and approval of the semi-annual reports required by this paragraph. MAXIMUM GRANT AMOUNT In no event shall the reimbursements made to GRANTEE pursuant to this Agreement exceed the maximum total grant of Seventy-five thousand dollars ($75,000). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY OF BOYNTON BEACH may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by an independent auditing firm employed by the CITY OF BOYNTON BEACH at any time the CITY OF BOYNTON BEACH deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the CITY OF BOYNTON BEACH if requested. VII. PERFORMANCE The parties expressly agree that time is of the essence with regard to performance as set' forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY OF BOYNTON BEACH without liability, in addition to any of the CITY OF BOYNTON BEACH's rights or remedies, relieve the CITY OF BOYNTON BEACH of any obligation under this Agreement. VIII. INDEMNIFICATIO~ " The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY OF BOYNTON BEACH, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY OF BOYNTON BEACH which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this IX. covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY OF BOYNTON BEACH in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid 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 CITY OF BOYNTON BEACH, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 768.25, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. INSURANCE GRANTEE must provide the CITY OF BOYNTON BEACH with evidence of insurance, worker's compensation insurance, general liability, and auto liability insurance pursuant to the scheduled required insurances attached in Exhibit "B". AVAILABILITY OF FUNDS The CITY OF BOYNTON BEACH's obligation to pay under this Agreement is contingent upon having received payment from Palm Beach County, pursuant to the terms of that certain Palm Beach County Development Regions Competitive Grant Agreement, September 10, 2002, which said Agreement is hereby incorporated herein by reference and made a part hereof. XI. REMEDIES This Agreement shall be govemed by the laws of the State of Flodda. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally dudng employment without regard to race, color, religion, disability, sex, age, national odgin, ancestry, marital status, or sexual orientation. Xlll. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY XV. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ENTIRE AGREEMENT The CITY OF BOYNTON BEACH and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, to: with a copy to: CITY OF BOYNTON BEACH 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Jim Cherof, Esq. Goren, Gherof, Doody, Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Ft. Lauderdale, FL 33308 and if sent to the GRANTEE shall be mailed to (current official address): IN WITNESS WHEREOF, the Chairman of the City of Boynton Beach has made and executed this Agreement and the GRANTEE has hereunto set its hand the day and year above, wdtten. ATTEST: CITY OF BOYNTON BEACH By: ATTEST: United Forward & UF Systems, Inc. By: EXHIBIT A SCOPE OF SERVICES 1. PROJECT DESCRIPTION: Acquisition of a $26,235 square foot industrial building located on 4.43 acres. Activities to include a production area for manufacturing a 127 square foot warehouse, a finished product warehouse of approximately 150 square feet, and other upgrades to provide for air conditioning, ventilation, water and plumbing, floor upgrades, electrical, parking, landscaping, and interior office build out. Project includes purchase and installation of equipment necessary to manufacture automotive rubber hoses. County Core Grant to City of Boynton Beach Boynton Beach funding In equity Total Project Cost PROJECT LOCATION United Forward & UF Fluid Systems, Inc. 4020 Thor Ddve Boynton Beach, FL 33426 Jobs to Create: Jobs Existing: 10 (Full-time equivalent) 15 (8 Business Tenants) $ 50,000 25,000 4,157,591 $4,082,591 Contact Kevin Mushlin Operations Manager 561-994-9441 The grant would be given to the Grantee upon completion of a financing and construction plan for the project satisfactory to the Grantor. The Grantee has until March 10, 2004 to incur the expenses related to the grant and must complete the project by no later than November 1,2004 including job growth requirements, EXHIBIT B LIST OF ELIGIBLE ACTIVITIES 1. Acquisition of real property. 2. Expansion of existing property. 3. Providing payment of impact fees. 4. Facade improvement programs, 5. Construction of new buildings. 6. Renovation of existing buildings. 7. Site development assistance. (Reimbursements will not pay: architectural or attorney's fees/retainers or deposits on goods not received.) EXHIBIT C SEMI.ANNUAL REPORT FORM Please Circle: ROUND Name of Applicant: Name of Project: Start Date: Completion Date: Please Circle RepoSing Period: 2003 1 2 2004 1 2 2005 1 2 Funding Spent by Source for this 6 months: Cumulative Funds Spent for Round I Participants Only: County Municipality/CITY OF BOyNTON BEACH/CDC Business Other Describe Status of Project in Relation to: 1. Land Acquisition: 2. Construction: What will be accomplished by the next Semi-Annual Report? Employment Status at Project: Jobs Retained Start Date Title/Position Hours/Week Wage/Hour New Jobs Created Start Date Title/Position Hours/Week Wage/Hour CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this ~ day of , 2002, by and between the CITY OF BOYNTON BEACH, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, hereinafter referred to as "CITY OF BOYNTON BEACH," and High Ridge Properties LLC (Ocean Plaza)., hereinafter referred to as "GRANTEE." WITNESSETH: WHEREAS, it is the policy of the CITY OF BOYNTON BEACH to stimulate and encourage economic growth within the CITY OF BOYNTON BEACH's redevelopment area, pursuant to carrying out its purposes as provided for under Chapter 163, Florida Statutes; and WHEREAS, the CITY OF BOYNTON BEACH has been awarded a grant known as the Palm Beach County Development Regions Core Grant Agreement dated September 10, 2002; and WHEREAS, pursuant to the administration of said Palm Beach County Development Regions Competitive Grant Agreement, the CITY OF BOYNTON BEACH wishes to provide assistance and support for the development and revitalization of the GRANTEE's business and properties within the CITY OF BOYNTON BEACH's redevelopment area; and WHEREAS, the CITY OF BOYNTON BEACH has determined that it is in the public's best interest and pursuant to carrying out its purposes, pursuant to the CITY OF BOYNTON BEACH's Community Redevelopment Plan to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to secure the public's interest in the grantee's fulfillment of its obligations, it is the intent of the grantor to obtain a secudty interest in the real property of the grantee. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS GRANTEE agrees that it will carry out the redevelopment project and 'activities as more specifically set forth in Exhibit "A" to this Agreement, attached hereto and incorporated herein by reference. GRANTEE agrees that the redevelopment activities contemplated by this Agreement will be completed in accordance with the terms of this Agreement. GRANTEE agrees that it is solely liable to the CITY OF BOYNTON BEACH for performance under this Agreement, and that, in the event of default, GRANTEE.will, as.more specifically set forth herein, refund to the CITY OF BOYNTON BEACH monies paid pursuant to this Agreement. GRANTEE hereby certifies that it is authorized by law to be so bound. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. As a condition to retaining the maximum of Twenty Five thousand dollars ($25,000) from the CITY OF BOYNTON BEACH, the GRANTEE shall cause, as a direct result of the activities set forth in Exhibit "A" to this Agreement, the creation of at least Ten (10) full time equivalent jobs (1 FTE = 2,080 hours per year) in Palm Beach County within twelve months (12) of completion of the project as set forth in Exhibit "A". GRANTEE shall be entitled to retain such lesser amounts as may be equal to the grant award per job, multiplied by the number of positions created pursuant to this Agreement. In accordance with the provisions of paragraph I. E. hereinbelow, the number, dates and salaries of all hires in Palm Beach County must be substantiated by GRANTEE, to the CITY OF BOYNTON BEACH's satisfaction, within fourteen (14) months of completion of the project as set forth in Exhibit "A". For the purposes of this Agreement, the term salary means wages, gratuities, salaries, commissions, bonuses, drawing accounts (against future earnings), prizes and awards (if given by an employer for the status of employment), vacation pay, sick pay, and other payments consistent with the Florida Department of Labor and Employment Security definitions, paid to employees. As a further condition to retaining all grant amounts received from the CITY OF BOYNTON BEACH, GRANTEE shall cause to be paid an average salary equal to or greater than the minimum wage as established by the Department of Labor. As a further condition to retaining any Grant funds from the CITY OF BOYNTON BEACH, the GRANTEE shall provide to the CITY OF BOYNTON BEACH written verification, satisfactory to the CITY OF BOYNTON BEACH in its sole discretion, of compliance by GRANTEE with all agreed upon performance standards as set forth in paragraphs I. C. and I. D. hereinabove. GRANTEE may provide to the CITY OF BOYNTON BEACH this verification once all applicable portions of the performance standards set forth in paragraphs I. C. and I. D. of this Agreement have been met; provided, however, that GRANTEE shall provide this verification on or before the expiration of the fourteenth (14) calendar month following completion of the project as set forth in Exhibit "A". Within ninety (90) days from the date this verification is submitted to the CITY OF BOYNTON BEACH, GRANTEE agrees to refund to the CITY OF BOYNTON BEACH Two Thousand nine hundred eighty-five and no/dollars ($2,985.00) for each position not created until the expiration of the twelfth (12) month following completion of the project as set forth in Exhibit "A". ti. date). PAYMENT PROCEDURES, CONDITIONS The Grant funds available under this Agreement will be provided only for · reimbursement of expenses related directly to the Scope of Work as set forth on Exhibit "A", which is attached hereto and made a part hereof. To be eligible for reimbursement, such expenses must be: 1. Incurred on or after September 10, 2002 Aeneid (Retro date) 2. Incurred no,later than September 10, 2004. (2 years from contract CITY OF BOYNTON BEACH agrees, pursuant to the terms of this Agreement, to make payments to the GRANTEE for all eligible types of expenditures as set forth in Exhibit "B" to this Agreement, attached hereto and made a part hereof. Requests by GRANTEE for payment shall be accompanied by proper documentation. For the purposes of this paragraph, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When odginal documentation cannot be III. presented, the GRANTEE must adequately justify their absence, in writing, and furnish copies thereof. In the case of invoices that have not first been paid by GRANTEE, GRANTEE shall certify to the CITY OF BOYNTON BEACH that each invoice presented for payment relates directly to work satisfactorily completed as contemplated by this Agreement. Requests for payment for costs incurred after the effective date of this Agreement shall be submitted to the CITY OF BOYNTON BEACH no later than forty-five (45) days after the date the indebtedness was incurred. Requests for payment for costs incurred prior to the effective date of this Agreement shall be submitted to the CITY OF BOYNTON BEACH no later than fifteen (15) days after the effective date of this Agreement. Requests for payment shall not be honored if received by the CITY OF BOYNTON BEACH later than the expiration of the twenty fifth (25) calendar month following the effective date of this Agreement. If GRANTEE fails to submit any requests for payment by the expiration of the twenty fifth (25) calendar month following the effective date of this Agreement, then this Agreement shall automatically terminate, thereby relieving the parties hereto of any obligations hereunder. Do If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY OF BOYNTON BEACH may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving wdtten notice to the GRANTEE, and/or terminate this Agreement and the CITY OF BOYNTON BEACH shall have no further funding obligation to the GRANTEE under this Agreement. Bo The GRANTEE shall repay the CITY OF BOYNTON BEACH for all unauthorized, illegal or unlawful expenditures of funds, including unlawful and/or unauthorized expenditures discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY OF BOYNTON BEACH for any lost or stolen funds. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY OF BOYNTON BEACH and the CITY OF BOYNTON BEACH shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY OF BOYNTON BEACH and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY OF BOYNTON BEACH's determination. Funds which are to be repaid the CITY OF BOYNTON BEACH pursuant to this Agreement, are to be repaid by delivering to the CITY OF BOYNTON · BEACH a cashier's check for the total amount due payable to the CITY OF BOYNTON BEACH within seventy-five (75) days of the CITY OF BOYNTON BEACH's demand. The above provisions do not waive any rights of the CITY OF BOYNTON BEACH or preclude the CITY OF BOYNTON BEACH from pursuing any other reme.dy which, may be available to it under law. Nothing contained herein shall act as a limitation of the CITY OF BOYNTON BEACH's dght to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. DEFAULT/TERMINATION In the event that a party fails to comply with the terms of this Contract, other than payment of funds, then the non-defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have thirty (30) days within which to initiate action to correct the default and ninety (90) days within which to cure the default to the satisfaction of the non-defaulting party. In the event that the defaulting party fails to cure the default, the non- defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. tV. REPORTING REQUIREMENTS GRANTEE agrees to submit semi-annual (2) reports pursuant to the format set forth in Exhibit "D", attached hereto and made a part hereof. Beginning with the end of the sixth month following the effective date of this Agreement, these reports shall be submitted in a manner satisfactory to the CITY OF BOYNTON BEACH in its sole discretion no later than twenty (20) days following completion of each reporting period. The final semi-annual report shall be submitted to the CITY OF BOYNTON BEACH no later than the forty-seventh (47) month following the effective date of this Agreement. All grant payments made pursuant to this Agreement shall be contingent on the receipt and approval of the semi-annual reports required by this paragraph. MAXIMUM GRANT AMOUNT In no event shall the reimbursements made to GRANTEE pursuant to this Agreement exceed the maximum total grant of Seventy-five thousand dollars ($75,000). VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY OF BOYNTON BEACH may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by an independent auditing firm employed by the CITY OF BOYNTON BEACH at anytime the CITY OF BOYNTON BEACH deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be submitted to the CITY OF BOYNTON BEACH if requested. VII. PERFORMANCE The parties expressly agree that time is of the essence with regard to performance as se[ forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY OF BOYNTON BEACH without liability, in addition to any of the CITY OF BOYNTON BEACH's rights or remedies, relieve the CITY OF BOYNTON BEACH of any obligation under this Agreement. VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY OF BOYNTON BEACH, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY OF BOYNTON BEACH which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this IX. covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY OF BOYNTON BEACH in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid 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 CITY OF BOYNTON BEACH, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 768.25, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. INSURANCE GRANTEE must provide the CITY OF BOYNTON BEACH with evidence of insurance, worker's compensation insurance, general liability, and auto liability insurance pursuant to the scheduled required insurances attached in Exhibit "B". AVAILABILITY OF FUNDS The CITY OF BOYNTON BEACH's obligation to pay under this Agreement is contingent upon having received payment from Palm Beach County, pursuant to the terms of that certain Palm Beach County Development Regions Competitive Grant Agreement, September 10, 2002, which said Agreement is hereby incorporated herein by reference and made a part hereof. XI. REMEDIES This Agreement shall be govemed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Xll. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, madtal status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The CITY OF BOYNTON BEACH and the GRANTEE agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, to: with a copy to: CITY OF BOYNTON BEACH 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Jim Cherof, Esq. Goren, Gherof, Doody, Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Ft. Lauderdale, FL 33308 and if sent to the GRANTEE shall be mailed to (current official address): IN WITNESS WHEREOF, the Chairman of the City of Boynton Beach has made and executed this Agreement and the GRANTEE has hereunto set its hand the day and year above, written. ATTEST: CITY OF BOYNTON BEACH By: ATTEST: High Ridge Properties LLC By: EXHIBIT A SCOPE OF SERVICES 1. PROJECT DESCRIPTION: Fa(~ade improvements made to a 17,000 sf retail shopping center in the Boynton Beach CITY OF BOYNTON BEACH. This is a 1971 vintage building. Upgrading of property will include redesigning property with new fa(~ade, landscaping, repaving, lighting, roofline, etc. Building at this time is 57% vacant. County Core Grant to City of Boynton Beach Boynton Beach funding In equity Total Project Cost PROJECT LOCATION High Ridge Properties LLC 640 East Ocean Ave. Boynton Beach, FL33435 Jobs to Create: Jobs Existing: 10 (Full-time equivalent) 15 (8 Business Tenants) $ 50,000 25,000 198,000 $273,000 Contact Mam Fender 561-752-4553 The grant would be given to the Grantee upon completion of a financing and construction plan for the project satisfactory to the Grantor. The Grantee has until March 10, 2004 to incur the expenses related to the grant and must complete the project by no later than November 1,2004 including job growth requirements. EXHIBIT B LIST OF ELIGIBLE ACTIVITIES 1. Acquisition of real property. 2. Expansion of existing property. 3. Providing payment of impact fees. 4. Facade improvement programs. 5. Construction of new buildings. 6. Renovation of existing buildings. 7. Site development assistance. (Reimbursements will not pay: architectural or attorney's fees/retainers or deposits on goods not received.) EXHIBIT C SEMI-ANNUAL REPORT FORM Please Circle: ROUND Name of Applicant: Name of Project: Start Date: Completion Date: Please Circle Reporting Period: 2003 1 2 2004 1 2 2005 1 2 Funding Spent by Source for this 6 months: Cumulative Funds Spent for Round I Participants Only: County Municipality/CITY OF BOYNTON BEACH/CDC Business Other Describe Status of Project in Relation to: 1. Land Acquisition: 2. Construction: What will be accomplished by the next Semi-Annual Report? Employment Status at Project: Jobs Retained Start Date TitlelPosition Hours/Week Wage/Hour New Jobs Created Start Date Title/Position Hours/Week Wage/Hour VII.-CONSENT AGENDA ITEM C.8. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates ] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Staff recommends the approval of these ten (10) contracts with sub-recipients for Community Development Block Grant (CDBG) funds that were previously approved for funding on July 2, 2002. (See attached memorandum) EXPLANATION: These ten (10) sub-grantees have submitted required budgets, scopes of services, and timelines for performance as addendum to the contracts for services to be performed in the amount of $217,500. Two other sub-grantees still have paperwork outstanding. PROGRAM IMPACT: The impact is the provision of much needed services provided to our community by various organizations, and the emphasis and growth of the economy. These factors meet the City's objectives and priorities as set forth in the Five Year Consolidated Plan. FISCAL IMPACT: A total of $217,500 has been awarded to these grantees for fiscal year 2002/03. ALTERNATIVES~t this time. D el~q~qneht He~a~l' ~-~ig~atui. e ! - ~ity Manager's Signature Department of Development Division of Community Improvement Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT COMMUNITY REDEVELOPMENT MEMORANDUM #02-144 Date: To: From: Thru: November 12, 2002 Honorable Mayor and Commissioners ~ Kurt Bressner, City Manager /~'~ ~ ~1~4, Octavia Sherrod, Community Development Manag Quintus Greene, Development Director Re: Community Development Block Grant Requested Information concerning Sub Grantees Sub Grantee Request Funding Amount Aid For Victims of $12,500 5,000 Domestic Assault (AVDA) Provides 24 hour crisis hotline services, counseling, case management, group counseling for adults, elder victims and children. These are victims of family violence who need a safe environment.. Boynton Beach Faith Based 100,635 $60,000 CDC (manage 202 program) 50,000 -0- A grass roots Community Based Development Corporation which consists of members of various churches in the community which be provides minor rehabilitation services to residents in the community. They will be targeting elderly and single female heads of households. They currently assists the City of Boynton Beach with counseling first time home buyers in the preparation of home ownership. Community Caring Center- Provides emergency services support group counseling for advocacy, and education. Committed Citizens 20,000 Concerned About Our Children (cccc) Provides FCAT tutorial programming for low income children. 20,000 15,000 for individuals and families to include food, shelter, drugs, HIV/AIDS, job counseling, job skills training, 5,000 Fair Housing Center of 20,000 10,000 The Palm Beaches Provides activities designed to inform and educate the general public, housing industry groups, the media and financial institutions about fair housing rights and obligations. They provide monitoring for compliance with fair housing laws, and instruct the public to identify incidents of discrimination, as well as informing victims who seek access legal redress and relief. Identifying the impediments to fair housing, and how we will be addressing them as required by HUD I Have a Dream Foundation 4,100 5,000 Tutorial program for children in low-income communities that provides academic support, and cultural activities. Has invested in the Florida pre pay college tuition program for these children. Palm Beach County 55,000 30,000 Resource Center Provides economic development and job creation within Palm Beach County. They assist in providing management and technical assistance via job plans, loan packaging, workshops, and procurement assistance for existing and new start up businesses. Palm Beach County 55,000 20,000 Resource Center Provides economic development component to include construction education and business development for the construction trades with continuing education partnering with Florida Atlantic University. R. M. Lee Community 100,000 60,000 Development Corp. Provide capacity building support to serve the needs of the community as an outreach provider to promote, facilitate, and enhance needed services for the surrounding community. Vetsville $32,136 7,500 A homeless shelter located in the City of Boynton Beach, target area for homeless veterans, geared to rehabilitating and returning them to productive lives. This home is maintained by the veterans as well. They currently only receive funding from Pam Beach County Housing and Community Development. RESOLUTION R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TEN CONTRACTS FOR SERVICES BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, AND TEN (10) SUB-RECIPIENTS OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with the United States Department of Housing and urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); and WHEREAS, the City of Boynton Beach desires to enter into Agreements with ten (10) sub-recipients, who have previously submitted all necessary documentation required, including budgets, scopes of services, and timelines for ~erformance; and WHEREAS, a copy of each Agreement is attached hereto and made a part lereo f; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize execution of ten (10) Agreements between the City of 3oynton Beach, Florida and sub-recipients, as follows: 1. Aid for Victims of Domestic Assault (AVDA) - Funding Amount $5,000; 2. Boynton Beach Faith Based CDC - Funding Amount $60,000; 3. Community Caring Center - Funding Amount $15,000; 4. Committed Citizens Concerned About Our Children (CCCC) - Funding Amount $5,000; g:\CAXRESOLa, greements\CDBG - SubRecipient Agreements.doc 1 o 6. 7. 8. 9. 10. Section 2. ~assage. PASSED AND ADOPTED this Fair Housing Center of the Palm Beaches - Funding Amount $10,000; I have a Dream Foundation - Funding Amount $5,000; Palm Beach County Resource Center - Funding Amount $30,000; Palm Beach County Resource Center - Funding Amount $20,000; R.M. Lee Community Development Corp. - Funding Amount $60,000; Vetsville - Funding Amount $7,500 This Resolution will become effective immediately upon __ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Clerk ~orate Seal) Commissioner DXAgreements\CDBG - SubRecipient Agreements.doc2 MINUTES OF THE REGULAR CiTY COMMiSSiON MEETING HELD IN COMMISSION CHAMBERS, CITY HAl. I., BOYNTON BEACH, FI. OF{IDA ON TUESDAY, JULY 2, 2002 AT 6:;30 P.M. Present Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Mack McCray, Commissioner Kurt Bressner, City Manager .lim Cherof, City Attorney Janet Prainito, City Clerk I. OPENZNGS: A. Call to Order - Mayor Gerald Broening Mayor Broening called the meeting to order at 6:30 p.m. Invocation/Moment of Silent Prayer Pledge of Allegiance to the Flag led by Commissioner Fisher A moment of silent prayer was observed, followed by the Pledge of Allegiance to the Flag led by Commissioner Fisher. D. iF YOU WiSH TO ADDRESS THE COMMiSSiON: · FILL OUT THE APPROPRIATE RE(~UEST FORM · GIVE IT TO THE CiTY CLERK (ON THE DAIS) BEFORE "OPEN~[NGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME THE iNDIViDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: l. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Ferguson moved to approve the Agenda. Motion seconded by Commissioner McCray and unanimously carried. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida July 2, 2002 Matthews for Lot 10, Block 2, Palm Beach Country Club Estates, as recorded in Plat Book 11, Page 43 of the Public Records of Palm Beach County, Florida Proposed Resolution No. R02-:L09 Re: Approving the final adoption of the City of Boynton Beach 2002-2007 Community Development Block Grant (CDBG) Five-Year Consolidated Plan 10. Proposed Resolution No. R02-110 Re: Authorize the execution of the First Addendum to the Appointment Letter of Paul M. Fleming, Senior Project Manager Proposed Resolution No. R02-111 Re: Approving contract between the City of Boynton Beach and the Department of Alcohol, Tobacco & Firearms for the use of the Police Department Firing Range 12. Proposed Resolution No. R02-112 Re: Approving an agreement with Government Technology Resources for the development of Code Compliance, Building Permits, Business Licenses, Community [nspection and Planning & Zoning software applications for the City of Boynton Beach Development Department and Code Compliance in the amount of $25,000 13. :Intentionally left blank 14. Proposed Resolution No. R02-113 Re: Authorize the City Manager to submit an Economic Development Set-Aside Application by .]uly 26, 2002 to Palm Beach County Housing and Community Development on behalf of United Forward Inc. & U F Fluid Systems, :[nc. (same company), and appropriate $50,000 from the Economic Development ]:ncentive Fund D. Ratification of Planning & Development Board Action: Grove Plaza Car Wash (MPMD 02-001) - (Grove Plaza - Southeast corner of Hypoluxo Road and Lawrence Road) - Request for Master Plan Modification to include changes in site layout for a car wash facility in place of a restaurant approved for Parcel "E' Grove Plaza Car Wash (NWSP 02-007) - (Parcel "E' of the Grove Plaza Replat - Southeast corner of Hypoluxo Road and Lawrence Road) - Request for site plan approval to construct a 3,596 square-foot car wash facility on a 0.86-acre lot 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3uly 2, 2002 E. Ratification of CRA Action: None Approve Commissioner McCray's and Commissioner Fisher's requests to allocate $800 and $200, respectively, from their Community Investment Funds to help fund Shawanna Foster's trip to Washington, D.C. as a National Scholar at the National Young Leaders Conference Motion Commissioner Ferguson moved to approve the Consent Agenda. Motion seconded by Commissioner McCray and unanimously carried. VIII. CITY MANAGER'S REPORT: None IX. FUTURE AGENDA ITEMS: Fire/Rescue Mutual Aid Agreements with Delray Beach, Boca Raton and Palm Beach County (August 6, 2002) First Reading of Ordinance on Proposed Charter Amendments (August 6, 2002) Adopting the Boynton Beach Administrative Amendments to the 2001 Florida Building Code (August 6, 2002) D. Review of development plan for Marina Project (August 20, 2002) E. Discussion on Mangrove High School (August 20, 2002) Public Hearing to adopt Annual Fire Assessment Resolution (September 12, 2002) FRA Whistle Ban - Report (3anuary 2003) - Delayed due to Federal Railway Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the 21 ALL AGREEMENTS ARE SUBSTANTI'ALLY THE SAME AS THE ATTACHED SAMPLE AGREEMENT. THE ONLY CHANGE ZS THE AGENCY AND THE AMOUNT OF THE GRANT. AGREEMENT BETWEEN THE CTrY OF BOYNTON BEACH AND AiD TO VI'CI'ZMS OF DOMESTZC ABUSE, INC. THIS AGREEMENT, entered into this __ day of , 2002, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and Aid to Victims of Domestic Abuse, Inc., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal mailing address as Post Office Box 677, Delray Beach, FL 33447-0667, and its Federal Tax Identification Number as 59-2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title ! of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and Aid to Victims of Domestic Abuse, Inc., desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage Aid to Victims of Domestic Abuse to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART ! DEFI'NTrZON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Tmprovement Division 4) "The Agency" means Aid to Victims of Domestic Abuse, Inc. Page 1 of 15 5) "C!D Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CTD Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate !ncome Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part I! of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of Iow- and moderate-income persons. PART 1.! SCOPE OF SERV]:CES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART ]:]:1' COMPENSAT/ON, T/ME OF PERFORMANCE, METHOD AND CONDTI']:ONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to C!D. !n no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $5,000.00 for the period of October I, 2002 through September 30, 2003. Further budget changes within the designated contract amount can be approved in writing by the Community !mprovement Manager up to ten percent (10%) on a cumulative basis of the contract amount during the contract period. Page 2 of 15 Such requests for changes must be made in writing by the Agency to the Community l~mprovement IVlanager. Budget changes in excess of this ten percent (:~0%) must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-02- MC-:L2-0043. The effective date shall be October 1, 2002, or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CI~D, and shall be undertaken and completed in light of the purposes of this Agreement. l~n any event, all services required hereunder shall be completed by the Agency by September 30, 2003. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines, l~n no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CTD. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies, l~nvoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days affcer the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 15 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall,be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 15 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the l~nternal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by C]:D, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the C:[D Manager or his designee to be eligible for reimbursement or payment: a) b) c) d) e) All subcontracts and agreements pursuant to this Agreement; All capital equipment expenditures of $1,000 or more; All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); All change orders; and Requests to utilize uncommitted funds a~er the expiration of this agreement for programs described in Exhibit A.., 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to C~ID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. ~[n addition to reporting said income, the Agency shall report to Page 5 of 15 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- il0, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART ZV GENERAL CONDTr'ZONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprise~. In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and servic, es, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 15 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be Iow- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon ClOD's request. D. Evaluation and Monitoring The Agency agrees that CTD will carry out periodic monitoring and evaluation activities as determined necessary by CTD or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CTD, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CTD, information and status reports required by CTD, the City, or U.S. HUD on forms approved by CTD. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of Iow-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. Tn the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CTD in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CTD, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CTD, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CTD, the City, U.S. HUD, or the Comptroller General Page 7 of 15 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The City will require, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CTD. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administ[ation of the Agency. The Agency's aforesaid 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 City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. Page 8 of 15 At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. Conflict of l~nterest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CI:D provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. .1. Citizen Participation Agency shall cooperate with CI~D in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CI~D or the City. Page 9 of 15 K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. Tn addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the Parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title V! of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title !! of Title V! of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, ~.1478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's incorporation Certificate and Articles of !ncorporation 11) The Agency's by-laws 12) The Agency's Certificate of !nsurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501©(3) certification from !nternal Revenue Service (!RS). All of these documents are filed and will be maintained on file at the office of Community Improvement. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by C!D. !rems 9 through 14 above shall be transmitted to C!D by the Agency. Page 10 of 15 M. Termination in the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to r the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause Tf through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Company for services rendered pursuant to this Agreement through and including the date of termination. 3) ]:n the event the grant to the City under Title l: of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective, on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. Page 11 of 15 O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Se, rvices within the 36 months immediately preceding the date hereof. F.S. 287.133(3)(a) requires this notice. Page 12 of 15 T. Counterparts of This Agreement This Agreement, consisting of thirteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ATTEST: JANET PRAINITO, CMC CITY CLERK, C1TY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: CiTY CLERK BY: MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATD TO VI'CT~MS OF DOMESTZC ABUSE, 1'NC. By: Title: By: Title: (CORPORATE SEAL) Page 13 of 15 AID TO VIC'I~t-IS OF DOMESTZC ABUSE, INC. EXHIBZT A WORK NARRATZVE The Agency agrees to: A. Provide emergency shelter to victims of domestic violence and their children in a safe environment. B. Provide individual counseling and group therapy, case management, information and referrals. C. Provide food, personal supplies and when applicable, transportation for participants in program. The City Agrees to: A. Provide up to $$,000 in funding as follows: Salary for Domestic Violence Women's Advocate ........... $5,000.00 Total .................................................................... $5,000,00 Provide technical assistance to ensure compliance with CTD, U.S. HUD and applicable Federal, State and City regulations to this Agreement. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CTD, be conducted by C1~D staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are cond.ucted i.n a timely manner and verify the accuracy of reporting to CTD on program activities. AID TO VZCTZMS OF DOHESTZC ABUSE, INC. EXHZBZT B LETTERHEAD STATZONERY Page 14 of 15 To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: Subject: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT - Octavia S. Sherrod, Community Improvement Manager Page 15 of 15 VII.-CONSENT AGENDA CITY OF BOYNTON BEA£ ITEM C.9 'AGENDA ITEM REQUEST FG ,i Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] August 6, 2002 July 17, 2002 15:00 p.m.) [] October 1, 2002 September 16, 2002 (Noon) [] August 20, 2002 August 5, 2002 (Noon) [] October 15, 2002 September 30, 2002 (Noon) [] September 3, 2002 August 19, 2002 (Noon) [] November 6, 2002 October 14, 2002 (Noon) [] September 17, 2002 September 3, 2002 (8:00 a.m.) [] November 19, 2002 November 5, 2002 (Noon) NATURE OF AGENDA ITEM RECOMMENDATION: [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report Motion to approve and authorize signing of an Agreement for Water Service Outside of the City Limits for the project known as the Early Head Start Center and San Castle Community Park. EXPLANATION: The site for the Early Head Start Center and San Castle Community Park is located on Mentone Road, between Washington Avenue and Overlook Road, in the unincorporated section of the City of Boynton Beach Utilities service area (see location map). Palm Beach County owns the project site, and the County has therefore also approved the Agreement for Water Service and Power of Attorney. The facility will include a 1,600 square foot building to house the Early Head Start program, with an accompanying playground, plus volleyball and basketball courts. PROGRAM IMPACT: None. FISCAL 1MPACT: None. ALTERNATIVES: . The subject site is within the Utilities service area. Deparetfnent Herd's Signa~re ~ignature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Peter Mazzella (w/attachment) Michael Rumpf, Planning Dept. " File " S:\BULLETINLFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A WATER SERVICE OUTSIDE THE CITY LIMITS BETWEEN THE CITY OF BOYNTON BEACH AND EARLY HEAD START CENTER AND SAN CASTLE COMMUNITY PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the site for the Early Head Start Center and San Castle Community Park ~s owned by Palm Beach County; and WHEREAS, the subject property is located outside of the City Limits, but within our utility service area, located in an unincorporated area of Palm Beach County; and WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its ~nal limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section2. The City Commission hereby authorizes execution of the Water ;ervice Agreement between the City of Boynton Beach, Florida and Early Head Start and San :astle Community. Park, a copy of said Agreement is attached hereto and made a part hereof. Section 2. This Resolution shall become effective immediately upon passage. merits\Water Service\Water Service Early Head Start Center.doc PASSED AND ADOPTED this ~ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA\RESO~Agreements\Water Service\Water Service Early Head Start Center.doc THIS [NSTR'~MENT PREPARED James A. Cherof, Esquire Goren Cherof, Doody & E:rol, P.A. 3099 East Cor~merciaI Bouleva~d Su~e 200 Fort Lauderdale, Florida ]3]08 R200Z 17 I7 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION (Governmental Entities) THIS AGREEMENT made on this day of OCT 01~0~ , 20 , by and between Board of County Commissioners hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service .to the property owned by Customer; and WHEREAS, the City of Bolrnton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, its heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal-- Water System to service the real property described in Exhibit A and which Customer represents is owned by Customer: 2. The Customer and the City hereby agree that there are Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. Ail such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. Ail connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not r~ise "bpposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the Irrevocable Special Power of Attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney. Any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferees, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. Customer agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortuous acts which result in liens or claims against the Department, and shall be liable to the limits set forth in Section 768.28, Florida Statutes, for any damage proximately caused by said acts and omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the Customer to any claims to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of this Permit. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of ~T ~l__~ , 20__ R2002 17 17 DOROTHY H. WILKEN, CLERK CUSTOM~'r~ (q~,/AS OWNER (£): CAs tO own( '~.,~~;~ (Print n/m~'and title> i Df ~'- ~/ i?i~ Warren ~ Newell, Chairman ,,, %'... '"~.,~ ............. ~.~ (As to o~er) 'h,,,,,,,,~ ....... ~- (Print name and title) (As t~ owne~) Audrey Wolf, Director A~OVED AS TO FORM~'A'~ Assi~nt Coun~yKt t ~i~e~ TO LEGAL SUFFICIENCY STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in ,%be CQ.uQ~y aforesaid to take acknowledgments, personally appeared ~ar~H. Newell, Chairmafl to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: ~/~ WITNESS my hand and official seal in the County and State last aforesaid this day of ~ ~ ~ , 20 (Notary Seal) ,,,,,,,,,,, Gloria Madison WITNESS: Notary Public CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses frcely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the tr.ue corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of , 20 (Notary Seal) Approved as to form: Notary Public Legal Description Approved: City Attorney \\JGCDE_FS\LIBR~RY\1990\900182. BB\AGMT\WATERSRV-2002-C~OV'f. doc ' ~XH.LB fT A REPORT OF BOUNDARY AND TOPOGRAPHIC SURVEh $URVEh FOR PALM BEACH COUNTh PARKS AND RECREATION DEPARTMENT OF THE FIRST BAPTIST CHURCH OF HYPOLUXO 7479 OVERLOOK ROAD LANTANA, FLOR]DA 33462 LEGAL DESCRIPTION PARCEL A PARCEL OF LAND IN THE NORTHEAST OUARTER OF SECTION 9, TOWNSHIP 45 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING A PORTION OF THE REPLAT OF PART OF GREYNOLDS HIGHLANDS AND HYPOLUXO SUBDIVISION RECORDED 1N PLAT BOOK 18, PAGE 58 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST OUARTER OF SECTION 9, THENCE NORTH 2°17'56'' EAST ALONG THE EAST LINE OF SAID NORTHEAST OUARTER A DISTANCE OF 35.92 FEET TO THE NORTH RIGHT-OF- WAY OF MENTONE ROAD ACCORDING TO THE PLAT OF HYPOLUXO RIDGE SUBDIVISION ADDITION NO. 2 AS RECORDED IN PLAT BOOK 27, RAGE 199, SAID PUBLIC RECORDS. THENCE NORTH 87°42'04" WEST ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 474.60 FEET TO THE POINT OF BEGINNINO: THENCE CONTINUE NORTH 87°42'04" WEST ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 188.84 FEET TO THE EAST LiNE OF LOTS 71 THROUOH 74, SUNNY HILLS HOMESITES AS RECORDED IN PLAT BOOK 37, PAGE 79, SAID PUBLIC RECORDS: THENCE NORTH 2°28'47`` EAST ALONG SAID EAST LINE OF LOTS 71 THROUGH 74, A DISTANCE OF 230.67 FEET TO THE SOUTH LINE OF THE PLAT OF POINTE OVERLOOK ACCORDING TO PLAT BOOK 30, PAGE t2 SAID PUBLIC RECORDS: THENCE SOUTH 87°42'04" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 188.84 FEET: THEN£E SOUTH 2°28'47" WEST ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID LOTS 71 THROUGH 74, A DISTANCE OF 230.67 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 43,559 SQUARE FEET OR 1.000 ACRE MORE OR LESS. TOGETHER WITH INGRESS/EGRES$ EASEMENT AGREEMENT BEGINNING AT THE ABOVE REFERENCED POINT OF BEGINNING: THENCE NORTH 2°28'47" EAST, A DISTANCE OF 105.O0 FEET: THENCE SOUTH 32°50'13" EAST, A DISTAl!CE OF 70.92 FEET: THENCE SOUTH 2°28'47" WEST, A DISTANCE OF 47.00 FEET TO THE SAID NORTH RIGHT-OF-WAY OF MENTONE ROAD: THENCE I'IORTH 87042'04" WEST, A £,ISTAi;£E OF 41.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 3116 SQUARE FEET MORE OR LESS. SURVEYOR'S REPORT BEARINGS ARE BASED ON A GRID BEARING ,NAD 83, 1990 ADJUSTMENT) OF NORTH 2°17'56 EAST ALONO THE MONUMENTED EAST L]IIE OF THE NORTHEAST OUARTER OF SAID SECTION 9. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THE SIGI~!NG SURVEYOR. BOUNDARY SURVEY OF FIRST BAPTIST CHURCH OF HYPOLUXO ~2001011-0$-CHURCIt. I S-1-01-16~1 967 B PALM BEACH COUNTY ENGINEERING AND PUBLIC WORKS ENGINEERING SERVICES 160 AUSTRALIAN AVENUE WEST PALM BEACH, FL ACCURACY: THE EXPECTED USE OF THE LAND, AS CLASSIFIED IN THE MINIMUM TECHNICAL STANDARDS (61G17-6 FAC), IS "COMMERCIAL/HiGH RISK" THE MINIMUM RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS 1 FOOT IN 10,000 FEET. THE ACCURACY OBTAINED BY MEASUREMENT WITH THE TOPCON GTS4 WITH STEEL TAPE AND CALCULATION OF A -CLOSED GEOMETRIC FIGURE WAS FOUND TO EXCEED THIS REQUIREMENT. THE FILE NAMES ARE SIGHT SURVEY FILE SANCHUR.ZAK AND STAR-NET FILE 2001011-03.pFj FIELD WORK COMPLETED BETWEEN FEBRUARY 20 AND MARCH 8, 2001, BOUNDARY INCONSISTENCIES: 1 ) THE NORTH LINE OF THE PARCEL WAS ESTABLISHED BY A FENCE AND MONUMENTED LINE AT THE SOUTH LINE OF POINTE OVERLOOK P.D. 30, PAGE 12, LEAVING A DEFICIENCY IN THE EAST AND WEST LINES OF THE PARCEL OF 1.14 FEET TO THE PLAT OF HYPOLUXO RIDGE SUBDIVISION, P.D. 27, PAGE 199, SAID PUBLIC RECORDS. TOPOGRAPHY IS LOCATED ON DRAWING ~ S-3-01-1535 NO UNDERGROUND UTILITIES OR IMPROVEMENTS, IF ANY, HAVE BEEN LOCATED. NOTE AN UNDERGROUND CABLE TV BOX IS LOCATED AT THE WEST SIDE OF THE PARCEL - EVIDENCE OF A BURIED CABLE OUTSIDE THE PLATTED EASEMENT OF SUNNY HILLS HOMESITES. A TITLE SEARCH MAY PROVIDE AN EASEMENT. SEE TOPOGRAPHIC SURVEY DRAWING ~ S-3-0t-1535 COORDINATES SHOWN ARE GRID. DATUM = NAD 83.1990 ADJUSTMENT ZONE = FLORIDA EAST LINEAR UNITS = U.S. SURVEY FOOT COORDINATE SYSTEM 1983 STATE PLANE TRANSVERSE MERCATOR PROJECTION. SCALE FACTOR = 1.0000497 GROUND DISTANCE X SCALE FACTOR - GRID DISTANCE NO ROTATION CERTIFIED TO: PALM BEACH COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA. PRESTIGE TITLE AGENCY, INC. COMMONWEALTH LAND TITLE INSURANCE COMPANY FIRST BAPTIST CHURCH OF HYPOLUXO, INC. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SU'RVE',OR AND MAPPER. THIS INSTRUMENT PREPARED BY: NORMAN J. HOWARD,;'-~:.-S~-'.M. IN THE OFFICE OF:;~.$;14C.-~;C~(JNTY ENGINEER 160 AUSTRAL IAN' ~V;C_~IJ, J~',~:~ROOM ~405 WEST PALM BE~'C~', FLOF~';?~:'-:?:' 33406 :.:.... NORMAN J. HOW'-AF~D,, P.S.¢.~: DATE F L OR I D A C E R.T.':~.J~..FA.~E.. ~-. .. . ,N. EI..:.~--5'7. , 76 ~,~oJ~;c~ ~NO. _ · :UU]~11-O} I~*w"~"°'S:--l~':'/q<~;~-~°~'¢,~.?°x:' FIRST BAPTIST CHURCH OF HYPOLUXO WASH I ROAD -= Z Z Z N2° 28' 47"E 230.6?' ¢ MS ) · r"- Frl .-.q 28~47'W 231.$1~(P) 230.67' (MS) 105.00 N2o28,47-E .~ r,,) OL,n ZOm OO 0 0 ~.0 m Or`` f',o .~ ~ m Z o Z OVERLOOK ROAD DB 969, PAGE 263 Z 266.58' (MS) 267.75'(P~ E LINE OF NE -- c=, PB 30, PO 12 N2" 17' 56"E(ORID ) 2631 74' . o BEARING BASE r,oco 1'4 SECTION 9 m ~Z% Om~Zm m m L ~OO101~-O3I s_1-01-1621r~°,~¢,` FIRST BAPTIST CHURCH OF HYPOLUXO Is~[~ 3 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 R2002 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF PALM BEACH I/We, Board of County Commissioners , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attomey in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and a.u. thodty of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 0(~1' I) 1NIE ., 20 and the powers and authority shall be G ra ntee. day of irrevocable by IN WITNESS WHEREOF, we have hereunto set our hands and seals the ~ day of OCT 0 1 ~2 , in the year two thousand and ~ ~ ~' ,~irector Witness Ah~drey Wolf FD&O of warP;ie~tn~.m%ewe 11 , Chairman Witness STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) R2002 [7 18 of THE FOREGOING INSTRUMENT was acknowledged before me this OCT al~[~ , 20 My Commission Expires: POA. IND day by uu--.~ u I~lm.,mll I~.h~|rm~t'l and , who are I~v"~' 't'6"r~'~-'~r who have produced ,as iden~on .and who~ oath. NOIAP.,Y PUBLIC Type or Pdnt Name Commission No. LOCATION MAP : Agenda Item #: PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 1, 2002 Consent Ordinance [ ] Regular [ ]Public Hearing Department: Facilities Development & Operations I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to: A) Approve a Water servace Agreement Outside the City Limits and Covenant for Annexation to the City of Boynton Beach to serve the Early Head Start Center and San Castle Community Park, and B) Authorize the Chairman to execute an Irrevocable Power of Attorney granting the City the tnght to init/ate, maintain, and complete a voluntary petition for annexation. Summary: The Water Service Outside the City Limits and Covenant for Annexation Agreement (Governmental Entities) is a requirement of the City of Boynton Beach Utilities Department to provide adequate water facilities, and services to the proposed Early Head Start Center and San Castle Community Park. This type of agreement is standard for new service, and the form of agreement has been reviewed by the County Attorney's Office. The Agreement does contain language whereby the County agrees to voluntary annexation into the City, if and when annexation is ever initiated by the City. The Irrevocable Power of Attorney implements this provision. (FD&O Admin) District 7 (YM) Background and Justification: The proposed Early Head Start Center and San Castle Community Park located at Mentone Road adjacent to the First Baptist Church of Hypoluxo in Boymon Beach will consist of an Early Head Start facility and neighborhood park. The Early Head star~ Center will be a 1,600 sq. ft. single story building with suppoteang parking and a neighborhood park with basketball and volleyball courts, and playground available for daytime use by the neighbors and the church. Approval of the Agreement will allow for connection to the City of Boynton Beach Utilities water and sewer system and is necessary in order to obtain a certificate of occupancy. The capacity charges(S2,725.26) and reservation fees ($790.00) are calculated for and included within the project budget. An Agreement of this type is signed first by the Developer (Palm Beach Count~). then by the providing Utility (City of Boynton Beach). After execution by the Board, the Agreement will be executed by the City of Boynton Beach and a copy returned to Minutes. Attachments: 1. Location map 2. Exhibit A 3. Water Service Agreement 4. Budget Availability Statement Re'commended by: Date Approved by: County Administrator Date II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 2002 2003 2004 2005 2006 Capital Expenditures $3,$16 -0- -0- -0- -0- Operating Costs -0- $1,500 $1,300 $1,500 $1,500 External Revenues -0- -0- -0- -0- -0- Program Income (County) -0- -0- -0- -0- -0- In-Kind Match (County) -0- -0- -0- -0- -0- NET FISCAL IMPACT $3,516 $1,500 $1,500 $1,500 $1,500 # ADDITIONAL FTE POSITIONS (Cumulative) Is Item Included in Current Budget? Yes X No __ Budget Account No: Fund 155 Agency 147 Org 1471 Object 46~t0 Reporting Category B. Recommended Sources of Funds/Summary of Fiscal Impact: The connection charges are to be funded from the project account and the operating entities (Head Start and Parks) will fund ongoing use charges. C. Departmental Fiscal Review: III. REVIEW COMMENTS: A. OFMB Fiscal and/or Contract Development & Control Comments: n~C'~un0-~t~drney C.. Other_Department Review: Department Director F-cAr/- ' SAN CASTLE . COMMUNITY PARK Palm Beach County Florida Site Plan Pol,u:Y 0~-' TITIJ! POI.ICY NUMBER ,',f12-OO 30bb SUBJECT TO THE EXCLUSIONS FROM COVERAGE, TIlE EXCEPTIONS FROM COVERAGE CONTAINED IN SCtlEDULE B AND THI~ CONDITIONS AND STIPULATIONS, COMMONWEAl. TI1 [_AND TITI.E INSURANCE COMPANY. a Penns)l~ania corporalion, herein called ~hc Company. insures, as of Dale of Policy shown in Schedule A. againsl loss or damage, not exceeding Iht Amounl of Insurance s~a~cd m Schedule A. suslained or incurred by lhe insured by reason of: I. Tide Io thc eSlale {}r Jnlercsl described in Schedule A bcin~ vc~lcd olhcr Ihalt a) slalcd lhercin; 2. Any dcfeCl in or lien or encumbrance on Hie lille; 1. Unmarketability of H~e 4 [.ack of a righl of access Io and from Ibc land. Thc Company will also pay lilt coM~. allOrflC)~' [cc~ ;llld cxpetl%cs incurred in defense of Ibc lille, a* in~urcd, hut truly Io d~e cxlenl prm'idcd in Ibc C'ondilions and Slipulalion~. , IN WITNESS WlIEREOF. COMMONWEAl Ttl I.ANI) FIT[ E INSURANE'E COMPANY ha~ caused it, corporale name and *cai tn bc hercumo affixed by il~ duly m,horized ol'lJccr% Ibc I'.lky ~o become valid whcu cOUnlcr~igncd by ;m amhorizcd -fli~cr ot .~gc'm .f ff~c C'ompilny CO~IMONWI':ALTil I.AND TI'FI,F. INSURANCE COMI'ANY Attest: Secretary President EXCLUSIONS FROM COVERAGE The follo~ving mauers are expressly excluded from tl~e coverage of II, is policy and d~e Company will nol pa)' loss or damage, costs, aUorneyC Fees or expenses which arise by reason of: (a) Any law. ordinance or governmenlal regulalion (including but no~ limiled ~o building and zoning la,ss, ordinances, or regulations) regulanng, probibiling or relating Io (i) fl~e occupancy, use. or enjovmen of ~he land; (iff Ihe characler, dimensions or Iocalion of any improve- mom now or hereafter erected on Ibc land; (iii) a scparalion ~n o~vnership or a change in Ihe dimensions or area of ~he land or any pared o1' ~ hich (he land is or ~'as a parl; or (ix) cnsironrncmal prince[ion, or Ih¢ al*feel of any violalion ol these law% ordinances or govcrnmcmal rcgula- IIO11~. ¢~c~pl [o Ih¢ CXlenl Ihal a nolic¢ of Ibc cnforccnlcnl Ihcr¢of or a nolicc of a defect, lien or encumbrance rcsuhing from a violalion or alleged violam)n affccling Ih¢ land has been rcuordcd in d~c public records al Dale of Policy. (h) Any governmental police pm~'cr nol excluded by (al abo~c, cxccpl Io Ibc e.x~cn) Ih]l a IlOiJce of ~he ¢~crcisc thereof or a nouce or a defect. lien or encumbrance rcsuhing from a violation or alleged violation affccnng Ibc land has been recorded in Iht public records al Dale of Policv. 2. Righ~ of eminenl domain unlc~ noUce of d)e exercise d~ereof has been recorded in ~h¢ public rccord~ a~ Date of Policy. bUl no[ cxcludm~ from coverage any ~akinff which has occurred prior Io Dale of Polio) which ~ould bc bilidmE oil Ihe ri~hls of 3 purchaser I'or ,aluc X~ilhOtll 3. Defecls. lien~, encumbrances, adverse claim~ or olher (al crcaled. *uffcred. a~umcd or agreed lo by Iht irl~ured (b) not knot~l Io Ibc COlllpany. IlOl recorded in lhe public record* al Dal~ of Policy. bu~ knot~n ~o ~he m~urcd claimanl and nm disclosed m x~rilin~ m Ibc ('ompany by Ihe in*ured chlimanl prior Io Ih¢ dale linc in~ured claimanl became an in~ured trader d~is policy: (c) rc~uhing in no Io,~ or damage ~o Ihejn~ red claim;uti; (d) auachmg or crealed ~ub*~qtl~nl lo [);11¢ of Policy; or lc) rcsulling in Io~ or damage which ~ould not Ila~¢ hcerl ~uqairled il' thc in~ured cl;linlalll had paid ~ahlc for Ibc c~1;11¢ or inlerc~l in~urcd by Ilu~ policy. 4. Any claim, which ari~e~ oul of Ibc Iransacfion ~e~ling in the In~ured tl~e eslal¢ or inleresl in~ured by ~l~i~ policy, by reason of d~c operalion of federal bankruplcy, s~ale insolvency, or similar creditors' rish~s laxss. Ihal is ba~ed ~: (al It~e transaclion crealinff Ihe e~lale ~r inlere~l in~urcd hv HU~ policy being ducmcd a fraudulem con,ex'anco or I'raudulcnl Iran~cr; or (bi die Iran~acfion cream~g Ibc ~lale or in~cre~ in~urcd %. Ihi~ policy being deemed a prcfcrenlial ~ran~fcr exccpl ~ here ~l~e prefcrcmial ~ran~fcr re~ull~ from Ih~' lailure: Ii) ro mnely record thc in~lrumcnl of Iran~fcr; or (ii) of such recordalion 1o iniparl UOIiCC I0 a purchaser for ~aluu or a judFmenl or lien crcdilor. ALTA Owner's Policy (I0/17/92) Face ~age .... ' - - -- with Florida Modifications Form 1190-21A Valid only il Schedules A and El and Cover are ,qf?~ch OW1VER'S POLICY POLICY N'UM~ER: A02-0083066 DATE OF POLICY: July 1, 2002 at 12:09 PM Schedule A A/~OUNT OF IN--CE: $100,000.00 FILE NL%~BER: P01-6331/PCW THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON T~IE COVER SHEET. 1. Name of Insured: PALM BEACH COUNTY, a Political Subdivision of the State of Florida The estate or interest in the land described hereln and which is covered by this policy is: FEE SIMPLE The estate or intereet referred to herein is at date of Policy vested in: PALM BEACH COUNTy, a Political Subdivision of the State of Florida, by virtue of that instrument recorded in Official Records Book 13863, Page 1781, of the Public Records of Palm Beach County,'Florida. The land referred to in this policy is described as follows: SEE EXHIBIT "A" ATTACHED HERETO & MADE A PART HEREOF. PRESTIGE TITLE AGENCY, INC. 736 Colorado Avenue Stuart FL 34994 (561) 283-5590 Authorized Officer or Agent ' ' -- Men%bar No. 12-57938 A~TA Owner,s Policy 10-17-92 (Florida Modified) This Policy is invalid unless the cover sheet and Schedule B are attached. EXHIBIT "A" LEGAL DESCRIPTION A parcel of land In the Northeast Quarter (NE1/4) of Section 9, Township 4.5 South, Range 43 East, Palm Beach County, Florida, being a portion of the Replat of Part of Greynolds Highlands and Hypoluxo Subdivision recorded in Plat Book ~.8, page 58, of the Public Records of Palm Beach County, Florida, more particularly described as: Commencing at the Southeast corner of said Northeast Quarter (NE1/4) of Section 9; thence North 2o :17' 56" East along the East line of said Northeast Quarter (NE1/4), a distance of 35.92 feet to the North right-of-way of Mentone Road according to the Plat of Hypoluxo Ridge Subdivision Addition No. 2, as recorded In Plat Book 27, page I99, sald Public Records; thence North 87° 42' 04" West along said North right-of-way, a distance of 474.60 feet to the POINT OF BEGINNING; thence continue North 87° 42' 04" West along said North right-of-way, a distance of 188.84 feet to the East line of Lots 7i through 74, Sunny Hills Homesites, as recorded In Plat Book 37, page 79, said Public Records; thence North 2° 28' 47" East along said East line of Lots 71 through 74, a distance of 230.67 feet to the South line of the Plat of Pointe Overlook,. according to Plat Book 30, page 12, said Public Records; thence South 87F 42' 04" East alon'cj said South line, a distance of i88.84 feet; thence South 2° 28' 47" West along a line parallel with the East line of said Lots 7I through 74, a distance of 230.67 feet to the POINT OF BEGINNING. TOGETHER WITH: Ingress/Egress Easement Agreement: Beginning at the above referenced POINT OF BEGINNING; thence North 2° 28' 47" East, a distance of ].05.00 feet; thence South 32° 50' 13" East, a distance of 70.92 feet; thence South 2° 28' 47" West, a distance of 47.00 feet to the said North right-of-way of Mentone Road; thence North 87° 42' 04" West, a distance of 41.00 feet to the POINT OF BEGINNING. END OF LEGAL DESCRIPTION OWNER'S POLICY Schedule POLICY A02-0083066 DATE OF POLICY: July 1, 2002 at 12:09 PM FILE NUMBER: P01-6331/PCW THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NL'MBER ON THE COVER SHEET. This policy does not insure against loss or damage by reason of the following: 1. None ALTA Owner's Policy 10-17-92 (Florida Modified) This Policy is invalid unless the cover shee~ and Schedule B are a~tached. L(J~L)III<p:> \.Ni) 5'FIPLLAI'IO.~,5 I. DEFINITION CF' TEFIMS. (d~ 'l:~nd" Ibc [~llld deferral,cd ~,r referred 1o ia SchedHIc k. .Irld rlghl o1' ;~cce~ h) and frmn Ibc l:md ~ in,;~JrmJ h~ riff; p,,licy I,:) "rm?rl~;Igc" III(~FI~;I~C. Lief'ti (,r frijol. Irll/l iici'cl, or t,Jhcr ~c~tlrllV (lb "p,mhJic rcci,rd~" rccord~ c¢l:lhJlfhc(J tinder ~J;llc lJ;iltllc~ .il P, flicy For thc purpose o1' llllJ~;IrJl~g conxlrtlcll~c nolmcc (H' mallcr~ rclalln~ iD re:ti pr(~riy h) purch,u¢crt for v4Juc ~ln(J ~llhoul kllot~JcdRc which Ibc land is Iocalcd. (g) "unmarkclahdilv of Ibc talc": an allcecd or apparcnl miHIcr affcctinR II~e talc [o thc land. m, excluded or exccp[ed From coverage. ~h~ch ¢nlillc a purchaser of Ihe e~mlc or mlcrcst descrt~d i, Schedule A released from thc .blig:smm to purchase by virtue off a comracmal condilmn requiring iht delivery o[ markclalqc lille. 2. CONTINUATION OF INSURANCE A~ER CONVEYANCE OF TITLE. in Ibc land. t~r ltl)ids an mndchtcdncs~ fccurcd h~ ~ purchase m~mc~ insured shall have flab,lily hv rcas. n of covenants of w:~rr~n~v m;~dc insured in any tr:m~rcr or c-n~cyance ,,f the estate or interest. This ~olic7 shall no~ conlmuc m IL)roe in Favor -r :my purchaser I'rnm d~c insured of 3. NOTICE OF CLAIU TO BE GIVEN BY INSURED CLIlUANT. ID II1R in~ured ;lJJ h;ihiJl[,, i~l' Ihc C'onlp;my ~Jl;iJJ JCIfTIIIlilIC ~ll]l 'rc~.lrd Jll)tt¢~cr. IJl;ll J~Hlur¢ iD IliJllJ'~ I]IC ~'t~rTlp:llly eJlaJJ in flit (;IFC j?rejlldlCC lJlc 4. D~FENS~ INO P~OS~CUTION O~ ~CTIONS; DUTY INSURED CL~I~INT TO ,m~;lmrl~l hy thm~ ¢l~:mll c~crc~c ~C~ rt~hr~ ,ruder rh,x par.~ar:H,h' ,I d~:sll d,, ~,, dd,gcnd> !C) ',k~¢~c'.'cr ;[lC (~.~mp.ln? ~Jl.lJl ~1 )-.,. ',rt,,l~!l[ ill It_Tt~ta .,r in tr~m~...l I dcl'c:~dma Ibc .ichl,n ,~r pr,~c:ding, or clJ'cchna sctlJc'nlcni. ,md ~ul ,~ ~nv -Jhcr Sackful :icl '.~h~ch m linc opmmn of thc C~;mp:m> may ~ ncc~s~;lr~ dc~ir:ll, ic lo c~t;H.J~dl Hlc lil!c h~ ~llc c~J;iJc ~r inlcfc~[ ;is tonsured If'thc Cdmp:Lny ~S prcu,hccd h~ fltc f:ulurc ,,t' Ibc msurcd to Furnm~h thc rcqmrcd 5. PROOF OF LOSS OR DAMAGe. (~ontliI~cns and SupuiaH(m~ ha~c hccn pr.~,ded thc Comp;my. a proof h,~s ,~r dam;Igc ~mncd ami ~rn h, h~ thc mxt~rcd clmmam ~Jl;iJJ hzrmshcd m Ibc ([ompnn~ ~llhill 91) ~[;iv~ ;II-let I[ic in~urcd ti;lira;ill[ ~hall ;ISCCrJ,II~ IJlC Facts Rl~ln~ rl~R tO thc h,.~ ,,r d,lm;l~C. Thc proof of h~ss or damage shall dcscr~ ~c dclgcl in. nr hen nr encumbrance on Ibc ~HJc. ~HJlcr m;llIcr in~urcd ;l~;lJll~l ~v lh~ pol~c) whic]l cun~ lilts Iht h4~i~ Jl)~S I)f d;Im;l~C ;ind ~ll;iJJ q;ll~. J() IJlc cl~crll j~l~[C. Ibc h,lXl~ c3Jculalm~ thc amuunl of Ibc ]os~ or dam;IRm Ir Lhe Company is prejudiced by lJle l'adurc o1' thc Ills~r~d c[almanl lu provide lh~ rRquir~d proo~ o~ or dama~, lh~ Company's obli~alions (o th~ m~LJrcd under Ih~ policy resinate, including any liahllmty or ohligahon to defend, proscculc. conhnu¢ any lit~gaHon, wHh regard m the matter nr mailers requmng ~uch proof o~ loss or damage. In addilitm. Ibc insured claimanl may reasonably ~ required Io IO C~mm;lllOfl under (lalh ~y any aulhonzed rcpr:scntahvc t)F thc Company and ~hall produce for c~mlnallUn, msp~t,m ~nd cop~in~. ~uc'h rcason;ibic tunes and places as may hc dcsignalcd hy anv reprcscmm,vc of fl~e Company. :~!I fcc,rd,, hooks. Icd~r~. chcck~. correspondence and memoranda. ~hcd~cr bcanng a dale be]'orc or after Dale ,~F Poticy. which reasonably ~r~a,n to ~he lo~ or damage. Further. r~qucs~ed by any auth,nzed rcprcsmuauve of Iht Company'. ~l~c insured chUman~ shall grant ,~s permissmn. ,n wruing. For an~ aud~orizcd rcprescmaU~c of d~c Compaa~ ~o examine . inspect and cop~' all records. books. Ied~er~. checks, correspondence and mcm,randa in she cuslodv contr,q oF a Lhird ~;l~ly. ~hJch rcus~mablv pertain to thc Io~ ~r dam'a~e Ail ml'orm~Hon dcs~n~cd ~s conHdcnna[ 'by ~hc msurcd cLum~n~ pro~i~cd to Ibc Comp;my pur';u;Inl t- flus ~cuncn ~'hal[ nol hc disch~scd h~ ulhcrs ad~lIInm~tralum of Ibc ~'!:JLm. Fadurc (q' thc ,n';urcd 'C].lHlldnl h~ ~u~mll TErMINaTION O~ LI~81LITY. IbC in~urcd el;Lira:mi, k~hl~[t ~cr~ :lulh,,rm)ed h~ Ibc (.',Hnp:~Tl?. ttI~ ti) ('nndltinns ~ Siipullti,,~ Cnnlinued Inside Th~s policy ~s a contract of indemnny against actual m~me[ary hw.~ ,Inmate ~uqained or ,hOUSed by ~hc insured cJa~man[ wh, ha~ ~uffcr~d only to Ibc exlent herein described. ia) The liabflny oldie Company under dH~ pulley ~hall nol e~c:ed ~he ~i) the Amounl of Insurance ~l;ued m Schedule A; Iii) Ibc difference between the value of thc in~urcd eqdlC to the defect, lien or encumbrance insured again~l by tins policy th)Thc C.mpany will pay onJv those costs, allorncvs' fees and expenses incurred in accordance with Section 4 of these CondUions and 8. ~PPO~TIONMENT. If thc land dc~crihcd in S~h~dulc A con~q~ .f lw. -r m.rc parcels which arc m~t u~cd a~ a ~inglc sac. and a Io~ i~ cqahli~hcd aflcctine one or rm~re of the parcels hut not all. thc Io~ dndl be compulqd and ~nled -. a pr() rala haxi~ as if thc anmunt of insurance under [hi~ policy was divided pr. rata a~ It) thc value.H Date (ff P.licv. (ftc;ich separate parcel Iothc whole, exclusive(ffanv improvements made suhscqucm tu Datcof P. licy. unles~ a liahHity or value ha~ -therapist hecn a~rced up(m a~ (fl lhi~ policy and sh.wn hy an CXpfcs% stalemcnl or by an endorscmcnl attached to this policy. 9. LIMITATION OF LIABILITY. (a) If Ibc Compan) establishes the lille, or rcrnoves thc alleged defect. lien or cnculllhrallCU, or cures the lack of a riehl or access lo or from the hind. or cures d~ claim of unmurkelability of lille, all as insured, in a reasonably diligent manner by any me~hod, including liHguHon and the completion of any appeals ~hcrefrom. h ~hall have fully perf'.m~ed obligalion~ wnh rc~pec~ to fl~u[ mailer and ~hall nol be li~hle fl~r any or damage caused thereby. (b; ht the event of any litigation, including litigation by thc Company or with the Company's con,enl, the Company shall have no liability for ss or damage until there ha~ been a final determination by a court of ,mpctcnt jurisdiction, and dispo~aion of all appeals therefrom, adverse to the title as in~ured. [c; Thc Company ~hall n-t he liahle For lo~s or darnaDeto any insured h)r liability voluntarily assumed by thc insured in ~etllin~ any claim or guit without thc prmr written ~onsent or the Company. ~0. H~DUCTION OF IN~UHANCE: HEDU~TION OH OF LI~$1LITY. All payments under this p.li~y, except payments made for costs. attorneys' fees and expenses, shall reduce the alllOUnl Of the insurance pro torito. 11. LIABILITY NONGUMULATIVE. It is expressly und~rst(md th;it the amounl of insurance under tins policy shall be reduced by any amount the Cumpany may pay under any policy insuring a mortgage to which exception i~ taken in Schedule B or to which the insured has a~reed, assumed, or taken ~ubje~t. or whmh is hereafter execuled by an in~ured ami which i~ a charge or lien on the estate or interest described .r referred to in Schedule A. and the amount ~() paid shall he deemed a paymen~ under thi~ policy to the insured owner. 12. PAYMENT OF kO~. (a) No payment shall he made without producing this policy for cntlor~ement of thc paymcnl unles~ the policy has been Iosl or destroyed, m which ca~e pr-of of Io~ or destruction ~halJ be furnished to the ~atisfaclion (ff thc Company. (b) When liahdhy and the ¢Xlenl of loss or damage has been definitely fixed in accortla.cc with these Condition~ and Stipulations. the I()~s or damage ~hall be payable within 30 day~ d~ereafler. 13. SUBROGATION UPON PAYMENT OR Jo) The CompanyN Right of Subrogation Vhenever the Company ~hall have settled and paid a claim under this . ~,icy. all right of subrogation ~hall vest in the Company unaffected by any act of the insured claimant. C()N DI-I'I()N,5 ..s, N D STIPULATIONS DETERMINATIO'N AND EXTENT OF LIA RILITY. { (~onlinued) ALTA Owner's Policy (10-17-92) Cover Page wilh Florida Modifications Form 119n-?? Tile Comp;my nh.ill hc '~uhr.galed h', and he untilled to all rights and remedies which d~c msun_'d claim;iai '&(arid h;tv¢ had ag:nn~l any person or property ~n respect m thc cl;.m had this policy no( been ~xsuc(t, reque~lcd by Ibc Company. H~c insured cla~manl *hall ~ransfer h) thc Company all r~ght~ and rcmc(hc~ Jga~nnl any person (}r property neces- sary m order Io perfect th~s right of suhrogatmn. Thc insured claimant shah permit tile Company to sue. comprnmise or settle in thc name insured claimant and to use the mime of the insured claimant in tr;insacliun or litlgatit]n inv~flving these rights or remedies. l~a paymenl on accounl o[a claim does not fully cover the loss of the insured ciaimanh ;t~ Compan~ shall bc subrogated to these rights and remedies in the pruportion which the Company's payment bears to thc wh()[¢ ;Im()~l of the [f Mss should result from any act of the insured claimant, as stated above, that act shall not ~otd this policy, hut the Company, m that event. shall b~ r~quirud h)pay (rely thai part of aris losses insured against by this ptflicy ~hich shall exceed thc dmOUfll, if ;thy. lOSt tO thc Company by tcantm ()f the itnpairmcnt b; Iht' insured clairnant of the Coznpauv's right of ~uhrogation. ' th) The Cmnpany'~ Ri~hl~ A~aill~l N-n-insured Obligors. Thc Company'~ righ~ of subrogation againsl non-in~ured obligors ~hall exist and shall include, without limilalion. ~he nghls or,he in~urcd h~ indemnil les. ~uaranlic~. ulher policie~ of in~urance or bonds. ~lan(lJn~ any l¢rm~ or cundifio,~ conlam~d in Ihose ins~rumems which provide for ~uhrogaH(m n~hls hy rea~(m of thi~ policy. 14. ARBITRATION. Unless prohibited hy applicable law. arbitralion pursuam ~() ll~e Tide Insurance Arbilration Rules of the American Arbitration Associalion may be demanded if agreed to hy bo~h thc Company and ll~e insured. ArbHrable mailers may include, bu{ are nol limiled to. any controversy or claim b~ween the Company and lhe insured arising ou~'o¢or relaHn~ to ~his policy, any ~ervic¢ of Ibc Company in connection wiIl~ ils issuance or the hrcach of a policy provision or o{her obligation. Arbilralion pursuam [() ~t~ix policy and under ~l~e Rules in effem on the da~e demand for arbilralion is made or, al lhe oplion oflhe insured, lhe Rules in of fcc[ a~ Dale of Policy ~hall be binding upon the parties. The award ma~ include aHorneys' l~¢s only ifthe laws ofIhc s~ale in which ~he land is located permit a coati ~o award aHorneys' fees (o a prevailing party. Judgment upon ~h¢ award rendered by the Arbi~rau)r(s) may be emcr~d m any court havin~ jurisdicHon The law oflhc si~us or,he land ~hall apply [o an arbiwatmn under the Tide Insurance Arbitration Rules. A copy of Ihe Rules may be obtained From the Company upon requesl. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy lo,ether wHh ail endorsemenis, if any. aHached hereto by Ihe Company is Ihe ¢mire policy and conlrac[ between the insured and lhe Company. [n imerpreHn~ any provision ol (his policy. [his policy shall be cons(rucd as a whole. th) Any claim of loss or damage, whether or not based on negligence. and which arises out o¢ ~he status of the lille Io ~he cs(ate or covered hereby or hy any acuon asscrHn~ such claim. ~hall be reslric~cd ~o this policy. (c) No amendmenl of or cndorsemen~ to lt~is policy can be made except by a writing endorsed hcreon or aHachcd hereto signed by ¢ilhcr ~1~ President. a Vice Prcsidem. Ibc Sccrcl;ir~. an As~i~[;ill[ Secretary. valida~in~ officer or aulhorizcd s~nalory of Ibc Company. 16. SEVERABILITY. In [lie evenl any provision of the policy i~ held invalid or unenforceable under applicable law. the policy shall be deemed nol ~o include that provision and all other provisions shall remain in full force and efrecL 17. NOTICES WHERE SENT. All noliccs required to bc given lhe CoHipunv alld anv sla[¢nlcll[ ~riting rctluircd to he furnished linc Ct,mpany x~;lll mcltt~l¢ thc nt, mbcr of thi~ policy andsl~allbcad~csscdto: ConsumcrAIfairsDcpartmem. P.(). Bo~ 2~567. Richmond. Virginia 232~1-7567. Inquires re~ardin~ polic~ cn~era~e aod assi~laoce in COml)hfinls. should he directed to the C.mpany ut (407) 481-8181. Claims mtl~l I)C reported in accor(I;tflCe ~ilh Con(lilions and Z titl og ncU, inc. 756 colerc:do c~v~nu~, stuart, florida _~40c;)4, phone (S61) 283-5S90. fa~ (561) 283-5609 August 14, 2002 RECEIVED Palm Beach County - PREM Attn: Larry Helmich 3323 Belvedere Rd. Bldg. 503 West Palm Beach FL 33406 Re: Parcel l¥inq in NE1/4 S9/T45S/R43E Palm Beach County Dear Mr. Helmich: In connection with the recent purchase of the above property, enclosed please find: 1) Owner Policy of Title Insurance No. A02-0083066; 2) The recorded original Warranty Deed; 3) The recorded original Quit Claim Deed; 4) The recorded original Corporate Resolution; 5) The recorded original Easement Agreement. It has been a pleasure to have been of assistance to you in this transaction. When our office may be so again in the future, please let us know. Sincerely yours, Karen Rae Hyche '- Administrator encl (s) VII.-CONSENT AGENDA ITEM C.10. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20,2002 [] September 3,2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15,2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Authorize the Mayor to execute the First Amendment to the Banner Attachment Agreement with Florida Power and Light (FPL) Company. EXPLANATION: The City wishes to install decorative, non-commercial banners on FPL owned utility poles along Martin Luther King (MLK) Boulevard, between Seacrest Boulevard and Federal Highway. According to Ordinance No. 01-50, this is a designated corridor in which the City may place signs, including banners. An existing agreement with FPL grants the City permission to install banners on FPL utility poles, but it does not include MLK Boulevard. This amendment will allow for the inclusion of the utility poles on MLK Boulevard. PROGRAM IMPACT: The City plans to install holiday banners along this stretch of MLK Boulevard. This will help create a festive atmosphere. It will also improve the aesthetics of this area in the interest of revitalization, economic development, and community spirit. FISCAL IMPACT: We currently have the banners and hardware to install them. It will take a two-person crew from the Public Works Department approximately eight (8) hours to complete this task. ALTERNATIVES: Do not install the banners. D/epartmentHea s igna ~ Department Name City Manager's Signature City Attorney / Finance / Human Resources SABULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. 02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING A FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA POWER & LIGHT COMPANY TO PROVDE FOR THE INSTALLATION OF DECORATWE, NON-COMMERCIAL BANNERS ON FPL OWNED UTILITY POLES ALONG MARTIN LUTHER KING (MLK) BOULEVARD, BETWEEN SEACREST BOULEVARD AND FEDERAL HIGHWAY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve the First Amendment to the Agreement between the City of Boynton Beach and Florida Power & Light Company, to provide for the installation of decorative, non-commercial banners on FPL owned utility poles along Martin Luther King Boulevard, between Seacrest Boulevard and Federal Highway; NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. The City Commission of the City of Boynton Beach, Florida does hereby authorize and approve the First Amendment to the Agreement between the City of Boynton Beach and Florida Power & Light Company, to provide for the installation of decorative,' hon-co~nmercial banners on FPL owned utility poles along Martin Luther King Boulevard, between Seacrest Boulevard and Federal Highway, which First Amendment is attached hereto Section2. The City Manager is authorized and directed to execute said S:..CAxRESO~Agreements',First Amendment to Banner Agr.doc Amendment. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of November, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) $9,CAXRESOkAgreementshCirst Amendment to Banner Ag.doc CITY OF BOYNTON BEACH FIRST AMENDMENT TO BANNER ATTACHMENT AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY THIS AGREEMENT dated the day of ,2002 by and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter the "CITY") and FLORIDA POWER & LIGHT COMPANY, a Florida corporation authorized to do business in thc State of Florida, (hereinafter referred to as "FPL"). WHEREAS, CITY Agreement dated October 7, and, and CONTRACTOR entered into a Banner Attachment 1997 (hereinafter referred to as the ("Original Agreement")); WHEREAS, the parties hereby agree to Amend the Original Agreement as provided herein; WITNESSETH: NOW, THEREFORE, for and in consideration of the stun of the mutual covenants and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto agree as follows: Section 1. That the recitations set forth above in the "WHEREAS" clauses of this Agreement are true and correct and incorporated herein by this reference. Section 2. That Section I, "Grant of Permission", of the Original Agreement shall be amended to provide for the inclusion of an additional fifteen (15) poles located on Martin Luther King Boulevard from Federal Highway to Seacrest Boulevard, to the list of permitted locations wherein the City may attach decorative banners. Section 3. That in the event of any conflict or ambiguity by and between the terms and provisions of this First Amendment to the Original Agreement and the Original Agreement, the terms and provisions of this First Amendment shall control to the extent of any such conflict or ambiguity. Section 4. That the Original Agreement executed on October 7, 1997, shall remain in full force and effect except as specifically amended herein. Section 5. That each Exhibit referred to in the Original Agreement, as amended, and herein forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. ATTEST: CITY: CITY OF BOYNTON BEACH, a Florida municipal corporation Janet Prainito, City Clerk By: Gerald Broening, Mayor Approved as to Form: City Attorney WITNESSES: Print Name FLORIDA POWER & LIGHT COMPANY, a Flofi~ Corporation (SEAL) STATE OF FLORIDA ) )ss COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared of Florida Power & Light Company, who is personally known to me or has produced as identification, and acknowledged execution of the foregoing Agreement as the proper official of Florida Power & Light Company for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2002. NOTARY PUBLIC SEAL: SSG:DNT:dnt \xJGCDE_FS\LIBRARY~1990\900182.BBXAGMT~PL Banner Agmt (First Amdmnt).doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA :ITEM D.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR vt Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meetin~ Dates [] October 1. 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be denied, and alternatively recommends that a 6-month time extension (retro-active) be approved to allow the site plan to proceed to the permit stage. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-251. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Medical Pavilion (ADAP 02-001) Kieran Kilday, Kilday & Associates, Inc. Bethesda Healthcare System, Inc. 2815 South Seacrest Boulevard Appeal from the October 3, 2002 administrative decision denying Boynton Beach Medical Pavilion's request for building permit submittal due to site plan expiration. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: /1~ iq/A Developmefi~ D~e p ar{~n e"fi~ ~) ir e c t o r Planning and Zoning I~e'~or City Attorney / Finance / Human Resources S:~Planning\SHARED\WPXPROJECTS~Boynton Beach Medical Pav ilionLM)AP 02-001XAgenda Item Request Boynton Beach Med. Pay. (ADAP 02-001) 11-19-02.dot S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-251 TO: FROM: DATE: SUBJECT: Chairman and Members Planning and Development Board Michael Rumpf~~'~ Planning and Zoning Director November 6, 2002 Boynton Beach Medical Pavilion Appeal (ADAP 02-001) Appeal of administrative determination that site plan has expired Project: Boynton Beach Medical Pavilion Location: 2815 S. Seacrest Boulevard (see Exhibit "A" - Location Map) Agent: Kieran J. Kilday, Kilday & Associates, Inc. Request: Notice of Appeal from the October 3, 2002 determination of the Development Director that the subject site plan had expired and building permits cannot be issued. BACKGROUND Request for Buildinq Permits On October 1, 2002 the general contractor for the above-referenced project attempted to file for a building permit. At that time, staff determined that the subject site plan had expired as of September 4, 2002. Upon request for reconsideration from the agent, the Department Director, on October 3, 2002, issued a written notice indicating that the site plan had expired and as a consequence of the expiration, no building permits could be issued. Request for Appeal Staff received the request for appeal on October 4, 2002, just one day following issuance of the administrative determination. According to the Land Development Regulations, Chapter 1, Article VII, an appeal must be filed within fifteen (15) calendar days following the rendition of the order (statement of administrative determination). Administrative appeals are processed in accordance with procedures outlined in Chapter 1.5, Article I, Sec. 4.1, E..of the.Land Development Regulations. Under these procedures the Planning and Development Board hears the appeal and renders a decision that must be ratified by the City Commission. The subject appeal is based on the position of the applicant that the time clock for site plan approval should not have started until after all conditions of approval had been satisfied, particularly since they involved separate application processes. Due to the proposed height of the project exceeding the maximum allowed by code at the time of application, conditions of site plan approval included completion of the code review process that would increase the maximum height for the C-1 zoning district, and add "parapets" to the list of architectural elements eligible for height exception. Although site plan approval occurred on September 4, 2001, the code amendment and subsequent height exception where not approved until October 10, 2001 and November 6, 2001, respectively. The documents referenced herein are attached hereto and labeled as follows: Exhibit "B" - Request for reconsideration Exhibit "C" - Administrative Determination Exhibit "D" - Request for administrative appeal ANALYSIS/CONCLUSIONS The Land Development Regulations, Chapter 4, Site Plan Review, Section 5 allows one (1) year to secure a building permit from the date of site plan approval. This section reads as follows: "Upon approval cfa site plan by the City Commission, the applicant shall have (1) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, all previous approvals shall become nufl and void, and the appficant will be required to submit a new site plan and application; provided however, a clearing permit shall not constitute a building permit plan for site plan review purposes. At its discretion, the City Commission may extend the approval of a site plan for a one-year period, provided a request for extension is filed prior to the expiration of the one-year period. In granting such conditions the City Commission may impose additional conditions to conform the site plan to current development standards." The purposes of this time limitation are to maintain approved projects in accordance with current development regulations, to free-up infrastructure capacity for active or new development applications, and to expire projects that are not proceeding in good faith. Furthermore, the above-described code section refers to the date when the site plan is approved, rather than the dates when the conditions of approval are satisfied. With respect to the prerequisite application processes, the applicant could have postponed the processing of the site plan to coincide with the ultimate amendments to the code. The following is a summary of the points relevant to this case on which the ultimate recommendation is based: There have been no amendments to the Land Development Regulations subsequent to site plan approval which would warrant the reprocessing of a site plan application for the proposed project; There currently remains adequate capacity on the adjacent roadway network to accommodate the projected impacts from the proposed project, and there are currently no other pending projects within the same vicinity which would compete for trip availability; It appears that progress has been continuing on the proposed project since approval was granted, as evidenced by the retaining of a development team, the designing of engineering drawings, the permitting of right-of-way work by Palm Beach County, and the ultimate action to request building permits (see Exhibit "E"); and The subject project was supported by staff, the Planning & Development Board and the City Commission, and the reprocessing of the project would therefore only delay the ultimate construction of the project without benefit to project design. Staff holds to the current interpretation of the Land Development Regulations that define the approval period as starting with the actual date the project is approved by the City, rather than the date that all conditions are satisfied. Based on this position, staff recommends that the request for appeal be denied. However, if the Board and City Commission does not support the reprocessing of the subject site plan, based on the findings described above, staff recommends that a retroactive time extension be granted thereby allowing the project to continue in the permitting stage. If granted, that time extension should not exceed 6 months (from the site plan expiration date of September 9, 2002) within which time a building permit must be pulled. Any conditions placed on the approval of this request shall be included in Exhibit "F". MR Attachments S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Medical Pavilion~ADAP 02-002\Ai2peal staff re¢ort doc · . EXHIBIT "A" LOCATION MAP Boynton Beach Medical Pavilion 3 PM _J SITE EC Kilday & Associa:~.~.~ Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Maih info@kildayinc.com EXHIBIT "B" Request for reconsideratior- October 2, 2002 Mr. Quintus Green, Director of Development City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Re: Boynton Beach Medical Pavilion Dear Mr. Green, Based on our Conversation, on October 1, 2002 the Rendina Companies, attempted to apply for building permits for the above-referenced project. The Building Department denied the request citing that the Site Plan Approval had expired, because it was over a year old. However it was assumed that based on a letter sent to our office from Mr. Michael Rumpf, Planning and Zoning Director, on September 17, 2001, that our client could not proceed forward with the building permit process until after a text amendment, relative to this project, was adopted. Since the text amendment was not ratified until November 6, 2001, it is our understanding and that of our client, that the time table to seek a building permit did not start until the November 6, 2001 adoption. Therefore, the expiration date on the Site Plan Approval should be November 6, 2002. Furthermore, the Site Plan Development Order does not clearly state, as to when the one (1) year expiration of the approved Site Plan officially ends. That being the case, we can only presume that the approved Site Plan is valid until November 6, 2002, when the text amendment. Therefore, we respectfully request that the interpretation of the time limit to pull building permits be reconsidered to reflect November 6, 2002. This allows our clients to proceed with applying for building permits for a project that the City has approved and strongly supported. Attached to this letter are copies of the signed and dated Development Orders and the above referenced letter from the Planning and Zoning Director. Please contact me should you have any questions regarding this information. Cc: Brian Mock, Rendina Companies Lam/Juran, Rendina Companies ........... EXH E, iF ..... C" Administration determination DEPARTMENT OF DEVELOPMENT · Buil~r*g · Planning & Zoning · Occu~o~al Licensees · Community Redov~lopment October 3, 2002 Mr. Kierian Kilday KJIday & Associates 1551 Forum Place, Suite 100A West Palm Beach, FL 33401 Re: Boynton Beach Medical Pavillion (File: NWSP 01-004) Oear Mr. Kilday: This letter is in response to our conversation of October 1, 2002, and your subsequent letter, requesting a reconsideration of the time limits required to pull a building permit under the Development Order for the above referenced project. Please be advised that I have investigated the circumstances involving the timing and conditions associated with the site plan approval of the project. A review of the project file deafly indicates that the text amendment referenced in your letter, and ratified on November 6, 2001, was a condition of approval of the site plan. As with all such conditions, the timing of their completion has no beadng whatsoever on the actual approval date of the Development Order for the site plan. Moreover, Chapter 4, Section 5 of the City's Land Development regulations is dear in stating that, "Upon approval of the site plan by the City Commission, the applicant shall have (1) year to secure a building permit from the Development Department." This section of the code further states that "...At ifs discretion, the City Commission may extend the approval of a site plan for a one year period, provided a request for extension is filed prior to the expiration of the one year period." Inasmuch as the Development Order for site plan approval was granted on September 4, 2001, and given the fact that at no time during the subsequent year was a request for an extension of the site plan ever made, I have no basis for any interpretation other than that provided by the City Code. Therefore, the site plan for the above referenced project has, in fact, expired and a building permit cannot be issued. Please feel free to contact me if you have any questions. Sincerely, Quintus Greene Development Director Cc; Mike Rumpf, Planning Director Don Johnson, Building Official C;ty of Boynton Beach · 100 East Boyneon Beach Blvd., P.O. Box 310 · Boynton Beach, Florida 33A25,0310 Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 · Fax (561) 689-2592 E-Mail: info@kildayinc.com EXHIBIT "D" Request for Administrative Appeal October 4, 2002 Michael Rumpf Planning Director City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33415 Re: Appeal of Administrative Decision Boynton Beach Medical Pavilion Our File No.: 868.28 Dear Mike: This letter will serve as a request to appeal the Administrative Decision as laid out in Mr. ' Quintus Green's letters of October 3, 2002, to be heard by the City Commission at their meeting on November 6, 2002. Attached you will find the requisite filing fee of $200.00. Also attached is a Justification Statement outlining pertinent information to be considered as part of this appeal. Here is a capsulized summary of what has transpired in the last several days. On October 1, 2002, the general contractor for the Boynton Beach Medical Pavilion attempted to file for a building permit for the construction of the project. At that time, City Staff made the determination that the Site Plan upon which the building permit was requested had expired on September 4, 2002. The developer, our Client the Rendina Company, who had diligently been pursuing all necessary plans and permits for this project since last year's approval, contacted our office and we in turn contacted you. For the record, let me say that our Client has diligently pursued the process necessary to obtain permits since the original Site Plan approval on September 4, 2001 and the subsequent variance for a height exception approval of November 6, 2001. The attached justification verifies our Client's efforts in that regard. Obviously, had the issue come to my office's attention prior to September 4, 2002, an extension request, as permitted by code, would have been submitted and based on the facts, approved by the City. Unfortunately; that communication did not happen and as a result the issue just arose this week. I appreciate your department's efforts to find a useful solution to this matter and I believe that this appeal definitely is the most timely approach. As we discussed, the only other solution would be to resubmit the exact same site plan that was approved last year and go through the same approval process again, which would carry us into January 2003. At the time the project was approved, both Staff and the Commission Michael Rumpf October 4, 2002 EXHIBIT "D" Request for Administrative Appeal Page 2 supported it. This process will allow the City Commission to look at the specific facts concerning this development and approve my request that an extension be granted post to September 4, 2002 to allow my clients to obtain their building permit. From my conversation with Quintus Green, I understand that this appeal will be scheduled for the November 6, 2002 City Commission meeting. Please call if you need additional information. KJK:jj Attachments CC: Larry Juran / Brian Mock; Rendina Company Quintus Green; City of Boynton Beach h:/client/868.28/correspondence/ru mpf_100402 Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 334.01 (561) 689-5522 · Fax (56t) 689-2592 E-Mail: info@kildayinc.com EXHIBIT "D" Request for Administrative Appeal JUSTIFICATION STATEMENT Boynton Beach Medical Pavilion Administrative Appeal Submitted October 4, 2002 The subject property is a 2.05-acre parcel located along South Seacrest Boulevard, across from the Bethesda Memorial Hospital. The site was previously used as medical offices, featuring a cluster of three (3) buildings constructed in 1978. On September 4, 2001, the Boynton Beach City Commission approved a site plan for a new 29,173 sq. ft. building to be constructed on the subject site, subject to several conditions. The conditions of approval included code modifications regarding the minimum allotment of parking required for the site and approval of height exception applications. The proposed structure features a 44 foot, 4 inch (44'-4") high entrance feature that did not meet the maximum height regulations established by code. The last of the code modifications and exceptions were approved on November 6, 2001. Attached are copies of the City's approval letters relative to the Approved Site Plan, Code Modifications, and Exceptions. As mentioned in the cover letter, the Rendina Company, our client, applied for a building permit for this project on October 1, 2002. The City's Building Department, subsequently denied the request, citing the expiration of the approved site plan. The City's Land Use Regulations regarding Expiration of Site Plan (Ch.4 Sec.5) states: "Upon approval of a site plan by the City Commission, the applicant shall have (1) year to secure a building permit from the development department. If an applicant fails to secure a building permit in that time, all previous approvals shall become null and void, and the applicant will be required to submit a new site plan and application; provided however, a clearing permit shall not constitute a building permit plan for site plan review purposes. At its discretion, the City Commission may extend the approval of a site plan for a one-year period, provided a request for extension is filed prior to the expiration of the one-year period. In granting such conditions the City Commission may impose additional conditions to conform the site plan to current development standards." Based on correspondence received from the Planning and Zoning Department on September 17, 2001 (attached), it is our contention that our client had one (1) year from the approval of the last Code Modification and Exception, which was on November 6, 2001 (attached). The letter specifically states: "Once the necessary zoning code text amendments are adopted, this project may proceed to the permit process. Additionally, Conditions #25 - #27, listed in the Conditions of Approval and listed below, further support the claim that approval of the final site plan was reliant upon the ratification of the text amendments, which were finally approved November 6, 2001. Boynton Beach Boulevard Medical Office Justification Statement Page 1 EXHIBIT "D" Request for Administrative Appeal The Site Plan Approval Conditions state: Condition tt25: Site Plan approval is contingent upon approval of a variance for a reduction in required parking. Condition 1126: Site Plan approval is contingent upon approval of a height exception for the forty-four (44) foot high peak roof entrance feature, and the thirty- one foot, eight in (31.8) parapet wall. Condition 1127: Applicant has applied for a code review to increase the height in a C- 1 zoning d/strict and to add parapets to the list of architectural elements eligible for height exception. Site Plan approval is contingent upon approval and adoption of this requested code rev/sion, and the ultimate submittal and approval of a height exception for the parapet. Therefore, based on the above conditions, it can be assumed that the one year period should commence from the November 6, 2001 date. The attempt to submit a building permit application on October 1, 2002 was clearly within this time frame. The site plan approval ordinance did not include a commencement date, which they typically do, perhaps because' it was contingent on the additional approvals, which were approved afterwards. It should also be noted that our client has been actively pursuing the necessary steps to commence development on this site. As evidence, attached, is a copy of an executed Palm Beach County Land Development Division Right-of Way Construction Permit. The permit allows the applicant to modify the existing driveway, and construct an adjacent sidewalk along Seacrest Boulevard. Additionally, we have provided a series of correspondences between DiFonte Consulting, Inc. (DC/), the civil engineer for this project, the Rend/ha Company, and Mr. Don Johnson, with the Building Department of Boynton Beach. These letters and memorandums, illustrate the project's evolution throughout the past year. In response to the Rend/ha Company's denial for a building permit, our office contacted Mr. Quintus Greene, Director of Development for the City of Boynton Beach on October 2, 2002 (attached), to request an administrative determination based on the evidence provided in this appeal. It was Mr. Greene's interpretation that the conditions of approval, and the timing of their completion posed no bearing on the actual approval date of the Development Order for the site plan. However, Mr. Greene suggested that he would be supportive of an Administrative Appeal request by Kilday & Associates, Inc. regarding this matter, seeing as though both Staff and the Commission were both supportive of this redevelopment project. As a result, on behalf of the Rend/ha Company, our client, we respectfully request a time extension be granted post the September 4, 2002 Site Plan expiration date, to allow the Rend/ha Company to apply for the required building permits to commence development of this attractive redevelopment project to provide needed medical office space for the City. Boynton Beach Boulevard Medical Office Justification Statement Page 2 DiFO/., FE CONSULTING, INC. -~,~ ~3: , ~.~G£ 3/4 2089 PPALOO~A TRAIL WELLINGTON. FLORIDA 334 J 4 TEL. & F~.: (561) 792-7551 CERT. OF AUTHORIZATION ~432 October 9, 200I Mr. Don Johnson, Building Official City of Boynton Beach Bu//din§ Dcpartmcnt 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Boynton Beach Medical Pavilion Boynton Beach, Florida Engineering Plan Submittal DCI01010 Project /~~_,__ .... " Dear Mr. $ot'mson: Our firm has been engaged by the Rendina Companies to design and permit civil engineering elements associated w/th the referenced project. Briefly, the project entails_ constructing a new multistory building and aficillary facilities to replace several existing single story medical offices. The proposed project is situated within a 2.05 acre parcel along the east side of Seacrest Boulevard - at the southeast coruer of the intersection w/th SE 27~' Street. The project site is situated within the corporate limits of the City of Boynton Beach, Florida. We are pleased to submit the following plans to commence the final engineering plans review process for the referenced project: · Two (2) sets of complete construction plans (Sheets 1 to 9, dated October 8, 2001). Please call or advise us as soon as possible when you have had the opportunity to rc,Aew the plans. Very truly yours, DIFONTE CONSULTING, INC. >resident Mr. Leonard Mass, Rendina Companies D FONTE CONSULTING, INC, MEMORANDUM DATE: September 2 I, 2001 TO: FROM: Mr. Lconsrd Mass, Senior Vice President - Development Rcndiaa Companics. Inc. Euger~ ^. DiFonte, P.E. ~ 2089 .A.I=pAL~sA TUlL Wff. LUNGTON, FL~.3OA 334 CERT. OF A~OR~TION ' SUBJECT: Boynton Beach Medical Pavilion. Boynlon Be~:h. Florida Preliminary and Final Civil Engineering Scrvice~ Project Progress Update DCI010010 Pursuan~ :o your rcqucst, thc £ollowMg iz a bcicf",mnpshot" vicw of the status o fthe civil cn$~neering portion of the re£emnced project: Preliminar~ Site Eneimeerine Preliminary site cnginccring ~rviccs arc estimated to be 100% complete. · ~inal Site=~nelneerin~ Final .site en~ services are estimated tO be substantially complete. · We have prepared plans for on-site paving, grading, drairtagc systems and on-site potable water, fire a~d sanitary sewer utility services. - We have coordinated our project with other consultants associated with offsitc water, .~wer ~d of%.'ite roadway work. On-sitc E n~e_eertne Pe rmittin e Firafl on-site engineering p~rrnitting servicca are estimated to be about 25% complete. · ERP Perm/t w/th SFWM'D - Secured with a "Ho Notice Permit". · LWDD - Not required. PBC Land D~-veJopn~ pcrmiI - Appli~l for on September 14, 2001. Cji7 of Boynton Be. ach La.nd Development (O~-$itc and Dralna&c) - Submitted pla~ informally far prc~ renew on September 3, 2001. - City ofBoynton Be=~:h Utilkies (Water & Sewer Utilities). Submitlcd p~ lbt ~fo~ prel~ r~icw on September 3, 2001. · City of Boyaton Beach Fire Marshal - S~:bmlncd plans informally rot review on Scptcmbcr 3, 2001. · Patm Beach County Health Dcpt~ (Water Utilities) - Pending approval from Ck7 ofBoynton Bc~c~ · Palm Bcach County Hcnlth Dept./HRS(Sewer Utilities) - Pending approval from City of Boynton Beach. Silte ContractiOn Observation~ lsd Certification · Pc~lin~ permit approvals. c:~3ct&Pl~ia101%01010- Re)ma~ M &(cd PM~ lOl.~ld 00T-4-02 i3:21 PAOE 2/4' DIFONTE CONSULTING , INC. 2089 APP~O~ T~IL B WE~IN~ON, FLORIDA 334 TEL. & F~: (561 ) 792-755 i g ~.DIFO~.CO~ -- MEMORANDUM DATE: September- 27, 2002 TO: FROM: SUBJECT: Mt'. 9tiaa Mock, Cons"traction Mang~- Rendina Companies, Inc. Eugene A. Di.Fontc, P.E. Boynton Beach Medical Pavilion, Boynton Beach, Florida F'mal C/vil Enginc~ing Services Project Progress Update ~ DCI010010 ' Pursuant to our dL~cuss'ion.% the following is a brief"snapshot" view o£thc status o£thc civil engineering p0rtJon Of thc re£crenced project: Preliminary. Site PrcUminat7 site engineering services ~c ] 00% complete. Final Site EneineeHnl, Fina] site en&ineering set~Jces ate 100% complete. .On-site I~,n~ineerine ' ~ PcrmJt with 8FWlVJ~. Secured with a ~ LWDD - Not requb'ed. ~ P]3C Land Development permit · Secured ~n December 200l (At about thc time & stop work order was issue&) " Wc have "picked up" the petm[! off Septcmbcr 26, 2002 and will ma~l the originals for your signatu~. " City of Boyaton Beach Land D~clopmca! (On-rite and Drainage) _ " The City is rcvicwing the project at thi~ time. We exper comments a~ early as next week. ' City of Boynton Beach U~lities (Water & Sewer Ut/Udes) · The City has completed its initial review. · Re-,mbmitt4 to resolve commca~ expcct~ next week. · WcwflJnced. achcckinthcamountof'$2, lO6.72pHortofinaJapprovaltorcscrvcrhc2, warer Pa/m Bcach County Health Dept./RRS (%V'ater Utilities) · P¢~tding approvu] F~m City ot'J~o),nton Bcach Expect approval ia Oc4obcr 2002. Patrn ]~each CourtW hTcatth Dcpt./I-IRS(S~w~r Udlitics) " Pending approval from Cky of Boynton Beach. Expect approval in October 2002, PALM llEACII COUNTy LAND DEV~LOPMI,:NT DIVISION Ri(iHT-OF-WAY CONSTRUCTION I'Er~MIT PERMIT'J'EE: Rcndiaa Gompan;.:s 3ROI PGA Boulevard, Suite Palm Beach, Fl. 33410 LOCATION: PERMIT N U MB ElL: ISSUANCE DATE: EXPIRATION DATE: $33. T4..~, R 4_t FEE: SJ23.1 ~ R/W0237- I_~3~ D..c..~rn bar 20, 200 I December 29, 200') RkiP: £ugcnc A. DLFontc, P.E, (56i) 792-7551 ~CREST 1]OUI,EYARD. MODIFY EX/STINC DRIVe. WAy AND CONSTIIUCT ADJACENT SIDEWALK Al)PROXIMATELy 2o0 FILET SOt/TH OF SE 27th AVENUE. R. EFEP, ENCED PLAN.R: Project No. DClfII010 Owga. 1-5 of 9 Permit is hereby grmued for thc work within the right-of-way as shown on the referenced plan:i, subject to applicable Conditions on back officio permit, and the following conditiotts: 1) Contact the Construction Coordination Division at (561) 684-41g0, 48 hours before commencement of work. (See Condition Numhgr 1 on the bae.~ of this permit.) 2) The pcrmittce or duly authorized agent for the permittcc, shall be ~:sponsiblc for notifying the M unicipa] Administrator ur Clerk of City of Boyntan Beach 48 h-ors prior to commencement work. 3) The permitter shall submit to the Land Development Division a signed and sealed certification ut completion ['ur the :above work from the engineer-of-record, refcreneing the permit number and indicatingthcWork was completed in substa.tial accordnn¢c with the approved plans. 4) The pcrmiitee shall be responsible l'ar submisziou ufa traffic control plan to Ed McClane with thc Palm Beach Count~ Traffic Division. llc can be contacted at ($6I) 684-4030. Tho plan shall bv submitted n minimum of 2 week~ before construction and the permitte~ shall ensure cuordination takes place tar the plnn to be approved prior to constructio.. ['his pcmfit shall ~%me void il'the pink copy oFthe fmrmk is not signed a~d ~mmcd to this otfigc w/thin 15 days at'tcr ~,icku~; or, ii--turned, Condition Number I on the ~ck of ' · tared as being copied below, we ar~ sc-a: .... ,- ...... this perti21t is not compliod with If - n,,:m:__ ~. .... : , h~a, tc-o,t:-Occupancy lac w t d,cld uuti/nociJ~ud h,,, ,l,~ .'_p. nmem n copy otto.,~ pcnmt and requesting thc m-"~ r~view ny tim Palm Be.',ch County · .,.:,¢.="_?"_d, l')~-v_c, lo.p?~cn{ D,vlsion Ihnt th s crmit has -.' · EIt. M'Z'FTEE $1GMA'I'U'I'~ (AU'I'HOR1ZED iGNATURi;..' OR DULY Aid'FI IORJZ[~D AGI~'"N'I~: , i S~GNA'I'URE a_~rence B. Sur~,~, g&ccutive ?:tee Pres.Lde~: PL~PRINT OR TYPE ' R:LLrl :lib Construction Coordim,~ion Division w/plurl:s Ed McClane ~ Palm $cach Co. 'rmf~c Division Eugene A. D/Font., p.[:... DiFonte Consulting, [rlgorpor~l~d ermittee w/plans City of Boynron Beach - Building Dcpartmcnt ::~ll'~W~nnh~h}01~ -~r'.'ACR~s? ROUi.r{V&RO 1~ff%lff02]?.1201 Rendlll= COUNTY A~_ ~OVAI. - K. $, Rogers, P.E., Director Land Develop,neat Division EXHIBIT "F" Conditions of Approval Project name: Boynton Beach Medical Pavilion File number: ADAP 024)01 Reference: None DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be dete~¥fined. S:\Planning\SHARED\WP\PROJECTS\Bo~ton Beach Medical Pavilion~ADAP 02-002\COA Boynton Beach Pavilion.doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Boynton Beach Medical Pavilion (ADAP 02-001) Kieran Kilday, Kilday & Associates, Inc. 1551 Forum Place, Suite 100A, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 19, 2002 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): None Appeal of administrative decision denying request for building permit submittal due to site plan expiration. 2815 Secrest Boulevard X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. 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 Beach Medical PavilionS. DAP 02-002\Develop.OrderBoynton Beach Pavilion ADAP 02~ 001 .doc Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15,2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Consent Agenda. The Planning and Development Board with a 4-2 vote, recommended that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-214. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Fookes Shed (ZNCV 02-014) Kevin and Anna Fookes Kevin and Anna Fookes 3220 Canal Drive Request for relief from Land Development Regulations Chapter 2, Zoning Section 4.B.2. requiring a detached storage structure not exceeding one hundred (100) square feet in area and seven (7) feet in height to be erected at a minimum of three (3) feet from the rear and side property lines providing that no easement rights are abridged, to allow a variance of 1.5 feet and an 8.5 feet high storage shed in a residential zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D evelopn~p a~t~e~i~)~ec'~r City ~e Planning and ZoningrDfrector City Attorney / Finance / Human Resources S:XPIanningXSHARED\WPLPROJECTSLFookes Variance~Agenda Item Request Fookes (ZNCV 02-014) ! 1-19-02.dot S:~BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM #02-214 Staff Report for Planning and Development Board and City Commission Meeting Date: October 4, 2002 File No: ZNCV 02-014 Location: 3220 Canal Drive (Lot 5, Block 9, Chapel Hill) Owner: Kevin and Anna Fookes Project: Storage shed addition to a single-family house zoned R-1-AAB Request: Relief from Land Development Regulations Chapter 2, Zoning Section 4.B.2. requiring a detached storage structure not exceeding one hundred (100) square feet in area and seven (7) feet in height to be erected at a minimum of three (3) feet from the rear and side property lines providing that no easement rights are abridged, to allow a variance of 1.5 feet and an 8.5 feet high storage shed in a residential zoning district. BACKGROUND The subject property and neighborhood are currently zoned R-1AAB, single-family residential, and within the Chapel Hill subdivision. The property is located on the east side of Canal Drive. The existing lot dimensions are the same as approved by plat in 1954 (see Exhibit "A" - Location Map). The applicant has requested relief from the above-referenced code requirement to allow for the continued existence of a 96 square foot and 8.5 feet high storage shed built at the southeast corner of the subject property. The storage shed measures eight (8) feet by twelve (12) feet, and is eight and one-half (8.5) feet high (see Exhibit "B"- shed plan). For a shed with those dimensions the code requires a twenty-five (25) foot rear yard setback and ten-foot (10) side yard setback. If the improvement was not greater than one hundred (100) square feet, and not higher than seven (7) feet, the minimum required setback would be reduced to three (3) feet, side and rear, providing that no easement is encroached. The applicant placed the storage shed at 3 feet from the side property line and 4.5 feet from the rear property line encroaching into a five (5) foot utility easement located at the rear of the property (see Exhibit "C" - survey/site plan). Although the storage shed is less than one hundred (100) square feet, it is eight and one-half (8.5) feet in height and encroaches into a five (5) foot utility easement located along the rear property line. It should be noted that Chapter 2, Zoning Section 4.B.2. does not allow any encroachment of utility easements. Further, the City's Department of Public Works, Engineering Division issued a memorandum indicating their position in regard to the placement of improvements in utility easements or public rights- of-way (see Exhibit "D"- Memorandum No. 02-212). The owners did not apply for a permit for the shed. Consequently, Code compliance issued a citation for the construction and location of the shed. In response to the citation, the applicant has submitted this variance request to rectify the situation. If approved, the owners would then be required to obtain all necessary building permits. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. Page 2 File No. ZNCV 02-014 c. That granting the variance requested 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. 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. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. fo That the grant 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 pubfic welfare. The applicant's responses to the above criteria (see Exhibit "D"), fails to satisfy hardship conditions for the following reasons: 1. No circumstances appear to be peculiar to the land on which the structure is built; 2. The subject parcel's size and dimensions, as approved by plat, meet the requirements for a R-1AAB zoned lot; and 3. The variance is made necessary by actions taken by the applicant. current code Staff does concur with the applicant that the subject structure is not entirely visible from adjacent properties. Fences and tall hedges separate the adjacent properties to the north and east, which limits any views to the subject property. However, this storage shed is clearly visible from Canal Drive. Staff feels that the variance request would not have been necessary if the applicant had applied for a building permit as required. During the permit review process, the applicant would have been informed of the code regulations regarding the size and proper placement of this storage shed in this zoning district. Staff realizes through this analysis that the owner has limited options for this storage shed. The proper placement of a structure of this height is limited by the existing house layout on the property, the district setback requirements, and additionally, Chapter 2, Zoning, Section 4.B.1 which requires a twelve (12) foot separation between the principal and accessory buildings. Staff surveyed the surrounding area and found that none of the adjacent properties have similar sheds in place. City records show that a total of four (4) properties within the Chapel Hill subdivision have been the subject of variances approved since 1968 with only one (1) for a rear setback. RECOMMENDATION Staff recommends that this request for relief from Chapter 2, Zoning, Section 4.B, to allow a 8.5 feet high storage shed in a within the R-1-AAB zoning district, be denied due to the lack of traditional hardship, and due to the circumstance being created by simple home improvements and unit layout on a standard platted lot. No conditions of approval are recommended. However, if this variance is approved: 1. The applicant must immediately apply for, and obtain all required building permits; 2. The applicant must relocate the storage shed out of the utility easement, and locate it at a minimum of five (5) from the rear property line; and 3. The applicant must landscape the side of the property where the shed is visible from Canal Drive. Any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit "F". MPJMDA - Attactlments S \Planning~SHARED\WP~PROJECTS\Fooke Shed Variance ZNCV 01-010\STAFF REP variance setback.doc Location Map FOOKES STORAGE SHED VARIANCE EXHIBIT "A" REC - ~33R~ PL R1-AAB REC R1AAB 6 ~ !. 10'1 ,00'06 '],,O0,O0.O0'S 'M,,OO,OOoOO'N ,00'06 EXHIBIT "C" DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-_~1~. EXHIBIT "D" TO: FROM: DATE: RE: Maxime Ducoste-Amedee, Planner, Planning & Zoning Laurinda Logan, P.E., Senior Engineer, Public Works/Engineering October 22, 2002 Fookes Variance ZNCV 02-014 Easements Max, In response to your request of 10/21/02 for confirmation regarding allowable use(s) within utility easements I can offer the following: The LDR, Chapter 7.5, Article I, Section 18.1 give public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. The Utilities Engineering Design Handbook & Construction Standards, Chapter 1, Article I, Section E.2 states that "Easements should allow unhindered access to all Department facilities and mains." I also spoke with Pete Mazzella, Assistant Director, Utilities, who tells me that he is unaware of any specific written prohibition in the Code or LDR regarding construction within an easement. He went on to say that it is only common sense that construction of a structure within a right-of-way is a direct conflict and that Utilities has never allowed it. As you also know they are selective about the vegetative matter that is allowed in utility easements. hope this was of help. Please let me know if you have any additional questions. LL/ck Xc: Jeff Livergood, P.E., Director, Public Works (via e-mail) Pete Mazzella, Assistant to Director, Utilities H. David Kelley, Jr.., P.E./.P.S.M., Utility Engineer, Engineering (via e-mail) File S:', Engm¢¢ring~Kr~bs',Fookcs EXHIBIT "E" STATEMENT When a contract was made on the property at 3220 Canal Drive, Boynton Beach, FL it was determined that the existing Metal Shed was not safe, plus an eye sore. This structure is old, rusty and ready to collapse. There are several of these old metal shed's in the neighborhood, which should also be torn down, for safety reasons. There is no garage or attic space for personal storage; such as lawn equipment, storage containers with decorations, etc. This is very much so needed. Since there was no storage space, we purchased a Personal Storage Shed from 'Hitching Post' out of Delray Beach at a cost of $1700+ for an 8x12 unit. Hitching Post then delivered this shed and placed it in the corner of our property boundaries of 3 foot on one side and 4.5 feet on the other. They then anchored this into the ground. The corner of our property was the only spot to place this shed without placing it in the middle of the yard which would of not only been an inconvenience but also an extreme eye sore. Our extreme back neighbor has a 7 foot PVC privacy fence, which they can only see the very top of the shed. Our neighbor to the left has privacy trees, which she can only see the very top. And our neighbor to the right indicated that it was a very nice shed and they do not have a problem with it being there, plus there is also trees blocking the majority of the view. This shed has been approved by the 'Department of Community Affairs' out of Tallahassee with a sustained Wind Load of 150 mph. All papers supporting this are attached to this application. If there is a problem, you can contact them directly to obtain the specifications. This shed is in 'NO' way a problem for any other party to be concerned with. This is not distrupting any other parties property. It's not in the front yard. It is in the back corner of our property. Yes, you can see this from the front street, but once we are able to do the Landscaping this will not be seen. We very much need .this storage shed and would greatly appreciate your approval. Thank You! /ewn A. Fookes - - Anna B. Fookes 8-19-02 EXHIBIT "F" Conditions of Approval Project name: Fookes shed variance File number: ZNCV 02-014 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Richardson Duplex~ZNCV~Condition of Approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fookes Variance APPLICANT'S AGENT: Kevin & Anna Fookes APPLICANT'S ADDRESS: 3220 Canal Drive Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 19, 2002 TYPE OF RELIEF SOUGHT: Relief from Land Development Regulations Chapter 2, Zoning Section 4.B.2. requiring a detached storage structure not exceeding one hundred (100) square feet in area and seven (7) feet in height to be erected at a minimum of three (3) feet from the rear and side property lines providing that no easement rights are abridged to allow an 8.5 feet high storage shed in lieu of seven (7) feet in height as required by code in a residential zoning district. LOCATION OF PROPERTY: 3220 Canal Drive (Lot 5, Block 9, Chapel Hill) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\Fookes Variance\Develop,Order Ferm-2002-Revised,doc City Clerk Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3,2002 [] September 17,2002 VII.-CONSENT AGENDA ITEM E.1. CITY OF BOYNTON BEA( 'AGENDA ITEM REQUEST FO vt Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15,2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administxative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved, subject to all conditions, the revision of condition #25 to allow alternative means of maintaining the zero-side wall, and additional conditions requiring enhancements to the north facade, the increase in the south buffer by reducing the drive aisle, and to ensure proper screening of roof top equipment. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-236. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: CKS Incorporated (NWSP 02-005) Jeffrey Smith, JMS Design Inc. CKS Incorporated Lot 44 Tradewinds Estates - East side of Old Dixie Highway, North of Gulfstream Boulevard and South of Miller Road Request for site plan approval for an 8,043 square foot, one-story office/warehouse building on a 0.67 acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: '-N/A ALTERNATIVES: N/A City Manager's Signature Pla~~(''j' ' g and '~Zonmg ~~ector City Attorney / Finance / Human Resources S:~Planning~SHARED\W?~PROJECTS\CKS, IncLNWSP 02-005~Agenda Item Request CKS (NWSP 02-005) 1 l-I 9-02.dot S:~3ULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT MEMORANDUM NO. PZ 02-236 SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY AND CITY COMMISSION October 30, 2002 DESCRIPTION OF PROJECT Project Name/No.: CKS, Inc, / NWSP 02-005 Property Owner: CKS Incorporated Agent: Jeffrey Smith with JMS Design Location: Lot 44 Tradewinds Estates - east of Old Dixie Highway, north of Gulfstream Boulevard and south of Miller Road Land Use: General Commercial (GC) Zoning: General Commercial (C-4) Project size: Site Area: Lot Coverage: Pervious Area: 29,488.28 square feet (0.676 acres) 8,138 square feet (27%) 8,909 square feet (30%) Adjacent Uses: North: (see Exhibit "A"- Location Map) Undeveloped property classified Commercial and zoned CG (General Commercial Palm Beach County); South: Developed property (Broward Pump & Supply Company) classified GC (General Commercial) and zoned C-4 (General Commercial); East: Developed property (mobile home park) classified Commercial and zoned GC (General Commercial- Palm Beach County); West: Right-of-way Old Dixie Highway, farther west Florida East Coast Railroad right-of-way, then Seacrest Scrub Preservation Area. Proposal: Site Characteristics: CKS, Inc. proposes to construct a one-stow 8,163 office / warehouse building on a 0.676 acre lot. In the future, the applicant may propose mezzanine areas to each bay. The area of each mezzanine would be subject to parking requirements and corresponding lot improvements (see Exhibit "C" - Conditions of Approval). The subject property was annexed (ANEX 02-001) on April 17, 2002 per Ordinance 02-018. Per Ordinance 02- 019, the Comprehensive Plan was amended on May 21, 2002 to include the property in the Future Land Use Map with a Commercial General (CG) underlying land use designation (LUAR 02-001) and a Commercial General (C-4) zoning district. The subject property is a vacant rectangular-shaped lot located on the east side of Old Dixie Highway. According to the survey, the highest elevation is 15.7 feet above sea level, located near the southern portion of the lot. The lot also contains three (3) palm trees, which will be relocated to another portion of the site (see Exhibit "C" - Condition of Approval). The location of the existing "shellrock ddve" will be improved and replace(, with asphalt paving. Page 2 CKS - New Site Plan Memorandum No. PZ 02-236 Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: A traffic impact study for this project was submitted and sent to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined that the project meets the Traffic Performance Standards of Palm Beach County. Conceptual drainage information was provided for the City's review. The plan will incorporate the use of a French Drain system. The City's concurrency ordinance requires drainage certification at time of site plan approval. The Engineering Division is recommending that the review of specific drainage solutions be deferred until time of permit review, when more complete engineering documents are required. The main access point for this project will be a 27-foot wide asphalt drive on Old Dixie Highway. This point of ingress / egress will replace the existing "shellrock drive" and will extend straight back to the rear of the property. Parking required for the project is based on a ratio of one (1) parking space per 200 square feet of office area and one (1) space per 800 square feet of warehouse / mezzanine area. In addition, a note on the site plan indicates that the proposed office area will not exceed 400 square feet or 20% of the building area. Based on this formula, a total of 18 parking spaces are required for the proposed 8,138 square foot building. The site plan tabular data parking methodology includes the potential build-out of 2,000 square feet of mezzanine area. All future mezzanine areas are subject to parking requirements. Of the 21 parking spaces that will be provided, one (1) space is designated for handicap use. All existing and proposed parking spaces will be 90 degrees. They will be dimensioned nine (9) feet in width by 18 feet in length, except for the handicap spaces, which will be 12 feet in width (with 5 feet of striping) by 18 feet in length. The project will provide for emergency and service vehicle maneuvering via two (2) spaces located at the eastern end of the site that are to be solely used as and labeled as "turn-around areas". This element of the plan has been endorsed and approved by the City Fire Department. These spaces were not included in the proposed number of parking spaces. The landscape buffer adjacent to the Dixie Highway right-of-way will be at least 10 feet in width. The landscape plan proposes two (2) Live Oak and two (2) Pink Tabebuia trees with a row of Red Tip Cocoplum hedges within this west landscape buffer. Indian Hawthorne_and annuals are also proposed within the west landscape buffer. A row of Red Tip Cocoplum hedges is proposed at the front of the property near Dixie Highway and west of the building. Red Tip Cocoplum hedges will screen the "Grinder Lift Station" as shown on the landscape plan. No landscape buffer is required along the north property line because the building will be setback zero (0) feet from the property line. Landscape buffers can be omitted in these situations. The south landscape buffer will be at least five (5) feet in width and contain 13 Live Oak trees with a continuous row of Red Tip Cocoplum hedges. The east landscape buffer will contain five (5) Live Oak trees and a row of Red Tip Cocoplum hedges. Page 3 CKS - New Site Plan Memorandum No. PZ 02-236 Building / Site: Community Design: Signage: The maximum height allowed for buildings in the C-4 zoning district is 45 feet or 4 stories. The proposed building will be one-stow, 23 feet - 6 inches in height at the highest point of the parapet wall. The building will be setback 25 feet from the front property line, zero (0) feet from the north (side) property line, 55 feet from the south (side) property line, and 20 feet from the rear property line. The building will meet all setback requirements of the C-4 zoning district. The building will be comprised of five (5) condominium units. Each unit will be 1,475 square feet in area except for the fifth unit, which will be 2,238 square feet in area. According to the survey, a chain link fence runs along the perimeter of the property. This chain link fence will be removed and replaced with a six (6) foot high white aluminum picket fence. The fence is proposed along Old Dixie Highway only. A rolling security gate will connect the fence at the front entrance. This gate will have a Knox Box to allow for emergency vehicles to access the site after regular work hours. No fences or walls are proposed along the north or south property line. A concrete block wall six (6) feet in height is proposed along the east property line adjacent to the trailer park. The exterior finish of the wall will be painted to match the principle color of the office / warehouse building (see Exhibit "C"- Conditions of Approval). The top of a portion of the parapet wall will have a white stucco band. The main wall color will be white (M.A.B. "Birch White" - #5900P) and the accent color will be tan (M.A.B. "Taupe Sand" - #5136P). The south elevation will have "architectural split face block" on the lower half of the building to enhance the entrances to each condominiurr unit. The upper half of the building will be divided from the lower half with white stucco and a synthetic stucco molding on the exterior of the canopy. For additional accents, the seven (7) overhead bay doors, located on the south elevation will be painted light green (SW #6472). False parapet walls with circular-shaped symbols are located above each overhead door in order to soften the appearance of the building and to detract from the commercial nature of the overhead doors. These doors will face south and not Old Dixie Highway. The elevations provide no dimension (height) of the parapet wall located above the overhead doors but they are well below the maximum allowable height of 45 feet in the C-4 zoning district. A monument sign is proposed near the front entrance to the site. It will be setback 10 feet from the front property line. The monument sign will be six (6) feet in height and 14 feet in length. The portion of the sign where the address is proposed is approximately seven (7) feet in height. The sign face will be 48 square feet in area. No sign colors were submitted with the application. Staff recommends that the sign face be painted the same color, to match the building and the letters should be comparable to the light green acce~t color used on the overhead bay doors or the same as the wall signs on the building. In addition, the sign detail depicts the sign as a directory sign, which would not be permitted in the C-4 zoning district (see Exhibit "C" - Conditions of Approval). The elevations show that six (6) wall signs will be placed on the west and south building facades. Each sign will be 21 square feet in area and have blue lettering. According to the building dimensions, the collective area for all wall signage may not exceed 106.5 square feet (see Exhibit "C" - Conditions of Approval). Page 4 CKS - New Site Plan Memorandum No. PZ 02-236 RECOMMENDATION: Staff recommends that this site plan request be approved subject to the comments included in Exhibit "C" - Conditions of Approval. The Technical Review Committee (TRC) recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. xc: Central File S:'.Planning'~SHARED',WP',PROJECTS\CKS, In¢,NWSP 02-O05'~staff report.doc Location Map CKS Inc. EXHIBIT "A" , I.N L 1600 2400 Feet EXHIBIT "B" EXHIBIT "B" ..~ii!.i ! ill NE1,V O£~CE / I,'~AJ~.HO1.ZS£ CONDOA4J~IM. IvLS FOR: EXHIBIT "B" J OFF[CE/WAF~F_HOIJS£ CONDOA4INIUA4~ FOR: EXHIBIT "B" .N'EI,'V OFFICE /I~AREHOUSE CONDOM. INII..IM~ FOR: ii EXHIBI I '~. EXHIBIT "B" 11 ~ OPI:TCE/~VAJ~.~.HOLISE COI~DO~ FO~' EXHIBIT "B" __J EXHIBIT "C" Conditions of Approval Project name: CKS, Inc. File number: NWSP 02-005 Reference: 3rdreview plans identified as N'WSP 02-005 with a October 25. 2002 Planning and Zoninr, Department date stamp marking. DEPARTMENTS i INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Reverse the layout of the dumpster enclosure so that the dumpster is located X on the north side of the enclosure to allow for better access by ~arba~e trucks. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE Sec. 26-16(a)). In addition, the LDR, Chapter 6, Article IV, Section 16, requires that all points on each building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition by showing all hydrants (existing and/or proposed). It is recommended that a fire hydrant be used at the terminus of the water line (in place of the terminal blow off) to help meet this condition. 3. Water and sewer lines to be ow-ned and operated by the City shall be included X within utility easements. The easements shall be dedicated via separate instrument to the City as'stated in the CODE Section 26-33(a). Refer to the above previous comment. Please note that water will be required to be within an easement (the city owns and operates all water systems up to the meter). FIRE Comments: 4. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. COA 11/01/02 2 DEPARTMENTS Fire Lanes shall be provided at the start of a project and be maintained throughout construction for access per the Florida Fire Prevention Code, Section 3-5, and NTPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 5-4.3. Comments: None Comments: POLICE ENGINEERING DIVISION The sidewalk shall be placed one (1) foot off the property line per the Land Development Regulations, Chapter 6, Article IV, Section 10.T and the City of Boynton Beach Standard Detail B-91005. At the time of permitting, provide details for swale areas to be constructed on the site. On the site and civil plans, shoxv and identify all necessary traffic control devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows, and "Do Not Enter" signage, etc. Delineate and stripe the loading areas in accordance with the LDR, Chapter 2, Section 11.J. See City Standard Drawings B-98001 and B-90013 for striping details. INCLUDE X X X X X BUILDING DIVISION Comments: 9. Provide a survey (current within the last 6 months) at time of permitting. X X REJECT 10. Add a labeled symbol to the site plan drawing that represents and delineates the path of travel for the accessible route that is required between the accessible parking' space~~ and the accessible entrance doors to each tenant space. The symbol shall start at the accessible parking spaces and terminate at the accessible entrance doors to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings required to be installed along the path. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum width required by the code is forty-four (44) inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with Section 4.3 (Accessible Route) and 4.6 (Parking and Passenger Loading COA 11 ~01,,'02 3 DEPARTMENTS Zones) of the Florida Accessibility Code for Building Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in compliance with the regulations specified in the Florida Accessibility Code for Building Construction. This documentation shall include, but not be lirmted to, providing finish grade elevations along the path of travel. INCLUDE REJECT 11. 12. 13. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans, Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). Place a note on the elevation view drawings indicating that the wall openings and wall construction comply with the 2001 Edition of the Florida Building Code. X X X 14. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 15. At time of permit review, submit for review an addressing plan for the project. X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: X 16. The applicant should indicate on the landscape plans that there are existing trees on the site. The plans should indicate if the trees will be preserved in place, relocated, or removed/replaced on the site. Must relocate the three (3) existing Sabal palrh trees." Comments: PLANNING AND ZONING 17. The elevations shall include the manufacturer's name and color code for all paint and exterior finishes (Chapter 4, Section 7.D. 1.). X COA 11,13/02 DEPARTMENTS INCLUDE REJECT 18. All above ground mechanical equipment such as exterior utility boxes, meters, X and transformers, shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the building color. 19. Contractors warehousing or storage of vehicles, supplies, and equipment must X be accompanied by the principal office element of the use. 20. No activities are allowed inconsistent with the intent of the C-4 zoning district X including the zoning interpretation allowing contractors within the C-4 zoning district. 21. The space dedicated to office use cannot be enlarged if the mezzanine is built X out to its maximum potential (2000 square feet). 22. The Pigeon Plum and Pink Tabebuia trees must be planted at 12 feet overall X height. The Indian Hawthorne shrubs must be planted at least 24 inches in height and 24 inches in spread. 23. On the floor plan (sheet "A-2"), correct the spelling of warehouse. X 24. The concrete wall proposed along the east property line shall be painted to X match the building. 25. An agreement must be executed with the property owner to the north (for X access and maintenance related to the subject building's north facade) since the proposed building is to be located along the north property line as a zero lot line development. 26. Staff recommends that the monument sign face be painted the same color to X match the building. The letters should be the light green color used as an accent on the overhead bay doors or the blue color used for the wall signs on the building. 27. According to the 13uildin~'dimensions, the collective area for all wall signage X may not exceed 106.5 square feet. 28. Provide height dimensions for site sign (i.e. to top of sign and to top of X address portion of sign for purposes of confirming sign area and height). 29. The detail of the monument sign depicts it as a director).' sign. Directory signs X are not permitted in the C-4 zoning district. Revise detail accordingly. ADDITIONAL COMMUNTIY REDEVLOPMENT AGENCY COMMENTS: COA 11;'13/02 5 DEPARTMENTS INCLUDE REJECT Comments: 30. Applicant to work with staff to increase architectural elements on north faCade X including but not limited to bandings, material and color changes, towers, parapet walls, etc. 31. Applicant to work with staff to reduce drive aisle width to 24 feet and increase X south side landscaping strip by 3 feet unless turning radius minimum prohibits same. 32. Roof top equipment, if any, will be screened; no screen lower than the X highest roof-top unit. 32. An agreement must be executed with the property o~mer to the north (for X access and maintenance related to the subject building's north facade), or an alternative means for accomplishing same if approved by staff, since the proposed building is to be located along the north property line as a zero lot line development. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 33. To be determined. MWR/sc S ~PIanning'.SHAREDxWP'.PROJECTS',CKS. Inc',NWSP 02-005xCOA doc PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA CKS, Inc. Jeffrey Smith with JMS Design, inc. 3350 Boca Raton Boulevard, Suite A-2 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 19, 2002 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Lot 44 Tradewinds Estates east of Old Dixie Highway, Gulfstream Boulevard, and south of Miller Road no~h of DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". ,, The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Or'der sh~ll take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\WP\PROJECTS\CKS, Inc\NWSP 02-005\DO.doc City Clerk Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3,2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM E.2. CITY OF BOYNTON BEAC} 'AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved (no conditions are recommended). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-241. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Presidential Drive (HTEX 02-002) Richard C. Williams, Williams Construction Services, Inc. A & A Corporation, Inc. 719 Presidential Drive Request for a height exception pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.F., to allow an elevator hoist way on a proposed single family house to be constructed at 32 feet 6 inches (32'-6") high, a distance of 2 foot 6 inches (2'-6") above the maximum thirty (30) foot height allowed in the R-l-AA single family zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: '-N/A ALTERNATIVES: _//(~ N/A Develop~n.j~t l~ep~rTcment ~)irec~tor City Manager's Signature Planning and Zo~firfg Director City Attorney / Finance / Human Resources S:hOlanning~SHARED\WPhOROJECTSh°residential DriveL~.genda Item Request Presidential Dr (HTEX 02-002) 11-19-02.dot S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-241 STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION October 21,2002 Project Name/File No: Presidential Drive / HTEX 02-002 Property Owner: A & A Corporation, Inc. Applicant/Agent: Richard C. Williams, Williams Construction Services, Inc. Location: 719 Presidential Drive Land Use/Zoning: Low Density Residential/R-1AA (Single-family Residential District) Proposed Use: Single family home Project Size: Site Area: 0.27 acre (11,511 square feet) Building Area: 2,629 square feet Adjacent Uses: (See Exhibit "A" - Location Map) North - Intracoastal Waterway right-of-way; South - Presidential Drive extension of Las Palmas right-of-way, and farther south is a single-family house, zoned R-l- AA; East - Single-family house, and farther east is the Intracoastal Waterway right-of-way; and West - Single-family house zoned R-l-AA. Request: Request for a height exception pursuant to the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4. F., to allow an elevator hoist way on a proposed single-family house to be constructed at 32 feet 6 inches (32'-6") high, a distance of 2 feet 6 inches (2'- 6") above the maximum thirty (30) foot height allowed in the R-l-AA Single family zoning district. BACKGROUND The subject property is currently being developed has a two-story, single-family house. It is located at the end of Las Palmas backing to the Intracoastal Waterway (see Exhibit "A" - Location map). The two-stow, 2,629 square-foot house includes a roof/sun deck, which at present, can only be accessible via a circular interior stairwell located at the main entrance of the house. The applicant is proposing an elevator to be located at the northwest corner (rear) of the property (see Exhibit "B" - site plan) to serve as an alternative access to the roof sun deck. The proposed elevator hoist way measures 32 feet 6 inches (32'o 6") in height and will be enclosed to protect the mechanical components from natural elements. Page 2 Presidential Drive/HTEX 02-002 Memorandum No. PZ 02-241 This elevator hoist way will exceed the height limit for the R-l-AA zoning district by two feet six inches (2'- 6") (see Exhibit "C"- Elevations). The applicant is requesting this height exception to allow the construction of the proposed elevator hoist way at 32'- 6" high. It should be noted that since the proposed elevator hoist way is to be enclosed, the manufacturer requires two feet of clearance when the passenger cabin stops at the end of its vertical limit. This two-foot space is provided as a refuge space for the safety of the service crewmen for the elevator. ANALYSIS The proposed elevator is construed as being eligible for a height exception pursuant to Chapter 2, Zoning, Section 4.F.2., which reads as follows: Water, cooling and fire towers, radio and television towers of commercial nature, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures, and their necessary mechanical appurtenances may be erected within a structure or on top of the structure, above the district height limitations provided herein, after obtaining approval of the City Commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below. Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. Exhibit "D" lists those standards and how the applicant addressed them. According to the application, the overall building height will be 29 feet and 10 inches (29'-10"), which is below the maximum height of thirty (30) feet allowed within the R-l-AA zoning district. In addition, the elevator hoist way will be located in the least visible portion of the subject property, which abuts the Intracoastal Waterway. The east side and north sidewalls of the elevator will provide no windows, which limits any direct view onto the adjacent properties. This proposed elevator represents a secondary point of ingress and egress to the roof/sun deck. Through the conceptual phase of this project, the applicant had pursued several options such as wheelchair lifts, circular stairs, and exterior elevators. These options offered a greater design challenge and expense in regard to their applicability to the subject project (see Exhibit D- Options). This proposed elevator design is consistent with the architectural style of the house. Staff has determined that the requested exception will not impact the area in a negative way because: 1. The subject elevator hoist way would provide the minimum required refuge space for the proper operation of the elevator mechanical support equipment; 2. The application represents the minimal necessary to achieve the design intent of the project; and '- 3. The elevator hoist way as proposed would have minimal impact on adjacent properties due to it's proposed location on the subject property. RECOMMENDATION Based on the analysis contained herein, and on the applicant's response to the minimum standards required by code, staff recommends that this request for a height exception for an elevator hoist- way of two feet six inches (2'- 6") be approved. No conditions of approval are recommended; however, any condition of approval recommended by the Community Redevelopment Agency Board or required by the City Commission will be placed in Exhibit "E". Attachments MDA: MR S:\Planmng~SHARED\WPtPROJECTS\Pres~dential Onve~HTEX -O02\Height Exception-Staff Report.doc Location Map 719 Presidential Drive EXHIBIT "A" GATEWAY B LN'B- ----0-2 R3 R3 -/1 C3' "IAR PALMAS PAIBN , ~ P R ESTDENTIAL-D RI~E~- -: RTH REC 400 Feet I i '1 Ill J' · il "I;' ii il EXHIBIT "C" il !! ii EXHIBIT "C" EXHIBIT "D" WILLIAMS CONSTRUCTION SERVICES, INC. 5530 Duckweed Road Lake Worth, FL 33467 September 10, 2002 Michael W. Rumpf, Director Planning and Zoning Division City of Boynton Beach Re: Height Exception 719 Presidential Drive Elevator Hoist Way ', Proposed Height Exception From 30' to 32"6" Dear Mr. Rumpfi Followhag are the responses to the questionnaire with regard to the above-mentioned request for height exception: a. Height exception will not have any adverse effect and, in fact, will have less impact due to a smaller footprint than alternative means, (i.e., circular stairs). Height exception is necessary to provide egress and to comply with elevator manufacturer's requirement, (i.e., safety conditions above cabin). See letter from Palm Beach Litts, Inc. attached. c. Due to the location (rear of property), smiler footprint and relatively small height increase (2.5'), no reduction in air and light will result. do This height exception is addressed under your Exception F. Height Limitation and Exceptions (2) and, therefore, not a deterrent to improvement of adjacent property. Adjacent properties are C.O.d. e. Property yalues..will, in fact, be improved as this elevator will add value to the subject property and, hence, the adjoining properties, as well. f. No adverse living conditions will result from the 5'x5'x2.5' addition. g. The public welfare will not be compromised by this exception. This exception is well within the scope allowed by code. . : EXHIBIT "D" Page 2 September I0, 2002 City of Boynton Beach Planning and Zoning h. The above evidence and enclosed letter from Palm Beach LiFts Inc. wi]l justify the need for a height exception. i. It is understood that the submitted information may be referred to the planning and development board for recommendation. Thank you for your prompt consideraqon of this matter. Very truly yours, WILLIAMS CONSTRUCTION SERVICES, INC. R/chard C. Williams President EXHIBIT "E" 5530 Duckweed Road Lake Worth, FL 33467 561 791-8168 Office 561 791-0456 Fax 561 702-4663 Cell October 24, 2002 City of Boynton Beach Fax #: 742-6257 ATTENTION: Max Re: Height Exception 719 Presidential Drive. Per your r~:lUest, following are the options we pursued prior to settling on the existing elevator: 1. WHEELCHAIR LIFTS - We reviewed this possibility only to find that State law prohibits their use beyond twelve feet. 2. CIRCULAR STAIRS - Prevented handicap access and protruded negatively into side yard setback. (Original permit.) 2. EXTERIOR ELEVATORS - Lacked sufficient lift travel and not available for use in the salt air environment. We believe that the plan we propose overcomes all of the above objections and solves the problem with a minimum of impact. Very truly yours, WILLIAMS CONSTRUCTION SERVICES, INC. Richard C. Williams President EXHIBIT "F" Conditions of Approval Project name: Presidential Drive File number: HTEX 02-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DWISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMU1TY AND REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Richardson DupleAZNCV~Condition of Approval.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Request for Height Exception LOCATION OF PROPERTY: 719 Presidential Drive DRAWING(S): SEE EXHIBIT "A to F" ATTACHED HERETO. Presidential Drive (HTEX 02-002) Richard C. Williams, Williams Construction Services, Inc. 5530 Duckwood Road, Lake Worth, FL 33467 November 19, 2002 X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby ... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This O(der sh'~ll take effect immediately upon issuance by the City Clerk. 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\Presidential Drive\Develop. Order Presidential Drive HTEX 02- 002.doc Requested Cit)' Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 VII.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FO w Date Final Form Must be Turned in to CiW Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November6,2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for'the of October 2002 for informational purposes. EXPLANATION: Per Ordinance, 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 authorize 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 IMPACT: The new Ordinance 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, Assistant City Manager, and City Manager. FISCAL IMPACT: The change in Ordinance approved by Commission provides the impact of reducing paperwork by streamlining processes within the organization as defined in our City's Strategic Business Focus. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timeJy purchases to be made. ALTERNATIVES: Revert back to the procedure prior to Ordinance change. Deputy Director of Financial Services ' ' ~ity Manager s Signature Procurement Services Department Name City Attorney / Finance / Human Resources SSBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED OCTOBER 31, 2002 Vendor: L. Robert Kimball & Associates Requesting Department: Procurement Services Purchase Amount: $ 24,700.00 Contact Person: Bill Atkins Brief Description of Purchase: The City serves as fiscal agent for the Municipal Public Safety Communications Consortium (MPSCC) of Palm Beach County. Since the City is fiscal agent, MPSCC is required to follow our purchasing policies. The City's representative to MPSCC is Wilfred Hawkins. Robert Mangold, Chairman MPSCC, requested the City to issue a purhase order to L. Kimball & Associates for consulting services. This is a continuation of the consulting services by the same firm during the past fiscal year. Services are provided in accordance with SNAPS Agreement #9732543-1. (See Note on MPSCC...bottom of page 2). Source for Purchase: SNAPS Agreement #9732543-1 Fund Source: 105-3262-513-49-17 MPSCC Grant Vendor: Glen J. Torcivia, P.A. Requesting Department: Procurement Services Purchase Amount: $ 23,000.00 Contact Person: Bill Atkins Brief Description of Purchase: The City serves as fiscal agent for the Municipal Public Safety Communications Consortium (MPSCC) of Palm Beach County. Since the City is fiscal agent, MPSCC is required to follow our purchasing policies. The City's representative to MPSCC is Wilfred Hawkins. Robert Mangold, Chairman MPSCC, requested the City to issue a purhase order to Glen J. Torcivia, P.A. for legal services for the fiscal year. Per provision of Florida Statutes 287.057(5)(f) legal services are not subject to competitive-solicitation requirements. (See Note on MPSCC...bottom of page 2). Source for Purchase: Exempt by Statute 287.057 (5)(0 Fund Source: 105-3262-513-49-17 MPSCC Grant Vendor: Green Tree Dry Cleaners Requesting Department: Police Purchase Amount: $ 14,000.00 Contact Person: Michael Munro Brief Description of Purchase: Procurement Services assisted Police Department with a formal "Request for Quotations". This was to establish a one (1) year contract with a qualified commercial dry cleaning company for dry cleaning, and minor repairs and alterations for police uniforms on a weekly basis for 100 uniformed police officers. Source for Purchase: Request for Quotations #087-2110-02ICJ D Vendor: CI Technologies Requesting Department: Police Fund Source: 001-2110-521-34-11 Dry Cleaning Purchase Amount: $ 10,900.00 Contact Person: Michael Munro Brief Description of Purchase: This is a purchase of Internal Affairs software for Police Department to track investigations. CI Technologies is a sole source vendor for this software. Source for Purchase: Sole Source Fund Source: 105-3270-513-64-14 LLEBG 2001 Grant 1 of 2 5. Vendor: Hudson Pump & Equipment Associates, LLC Requesting Department: Utilities Purchase Amount: $ 15,458.00 Contact Person: Dave Ailstock Brief Description of Purchase: Replacement of High Service Pump #1 at the West Water Treatment Plant. The pump is nine (9) years old and is in continuous operation 24/7 to pump water from the plant to the distribution system. The impeller is worn causing the pump to operate below capacity. The Utilities Staff evaluated full repairs at $11,551.00, or to replace the pump at $15,468.00. Recommendation was the replacement. Source for Purchase: Sole Source Fund Source: 405-5000-590-96-02 Utilities CIP - R&R Water The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Comm~ i~sion ,~)required. .~1 L..// City Manager Approval: Date: Presented to Commission for information on November 19, 2002. Note: Items Nos. 1 and 2 on this report are for the Municipal Public Safety Communications Consortium (MPSCC). MPSCC is funded by a Local Law Enforcement Block Grant (LLEBG) and the City serves as fiscal agent. MPSCC is required to follow our polices and procedures. Serving as fiscal agent assist the consortium in meeting the fiscal accounting, and financial reporting for the grant funds. 2 of 2 VTI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST Requested City Commission Meetin~ Dates [] August 6. 2002 [] August 20, 2002 [] September 3, 2002 [] September 17. 2002 Date Final Form Must be Turned tn to Cit', Clerk's Office July 17, 2002 15:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.I Requested City Commission Meetim, Dates [] October I. 2002 [] October 15. 2002 [] November 6. 2002 [] Novernber 19. 2002 Date Final Form Must be Turned in to Citx Clerk's Office September 16. 2002 (Noon} September 30.2002 {Noonl October 14. 2002 {Noon) November 5, 2002 tNoon) NATURE OF AGENDA ITEM Administrative Consent Agenda Public Hearing Bids Announcement City Manager's Report [] Development Plans [] New Business [] Legal [] Unfinished Business [] Presentation RECOMMENDATION: Motion to approve payment to Advanced Generator Sales & Service in the amount of $87,869.83 for the emergency repair to the 750 KW diesel generator at the East Water Treatment Plant. EXPLANATION: This past July, the 750 KW generator at the East Water Treatment Plant failed during routine testing. Our generator maintenance firm assessed the damage and on July 3rd; we advised the City Manager and Procurement Services of the initial damage assessment and that repairs would be in the $75,000 range. The City Manager concurred with the emergency and we proceeded with repairs under the terms of the existing Commission approved contract with Advanced Generator Sales & Service. Procurement Services advised us that due to this being an emergency, we could proceed with the work in accordance with A.P.M. 10.10.01 - Procedures for Emergency Purchases. This is one of two emergency generators at the East Plant. Full operation requires both units in operation. When this emergency occurred our staff installed conduit, cable wire and emergency breakers to allow the remaining generator to service the Motor Control Centers 'find th~'O/T Building. PROGRAM IMPACT: Back-up power by way of emergency generators, portable and stationary, are critical to the operation of the Utilities Department and are required by State and County regulations. This failure was at the beginning of hurricane season. S:',BULLETIN~,FORMS'~AGENDA ri'EM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The invoice for these emergency repairs totals $87,869.83. This is approximately 1/4 to 1/3 of the cost of a new replacement generator. A detailed invoice is attached identifying all charges. The labor and material rates were approved by the Commission and are valid through September 5, 2003. Funds are available in 401-2822-536-99-01, Contingency, to be transferred to 401-2811-536-46-20. ALTERNATIVES: Staff reviewed the options of bidding the emergency replacement or repairs but decided to utilize our existing bid for repairs so that we could restore full service as quickly and cost effectively as possible. -- Department Heq's Signature Utilities Department Department Name City Manager's Signature City Attorney / Finance / Human Resources Cc: Procurement Services Bob Kenyon Barb Conboy S:\BULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC g Z rtl .-I REQUEST FOR REQUISITION H.T.E. ENTRY DATE: H.T.E. REQUISITION # Clerk: Procurement Ass't: Director: City Manager (non budgeted capital an~or $5000+): REASON FOR PURCHASE: Emergency repairs for generators VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Advanced Generator Sales & Service Admin. ( ) Date: 10-24-02 i ASAP ( ) i Address: 12351 59th Street N Construction ( ) Date Needed: ' Confirm. ( x ) Royal Palm Beach, FL 33411 Cust. Rel. ( ) ASAP/Conf. ( ) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): 561-798-4280 Lab ( ) Quotes/Verbal ( ) E. Admin. 40 ( ) (over $500) Pumping ( ) Quotes/Written ( ) E. WTP 41 (x) (over $2000) Vendor Number: PWMaint. ( ) Bid Docs. ( ) W. WTP 42 ( ) PWOps. ( x) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: John Reynolds Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Bob Kenyon Strmwtr. ( ) Project Number: Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obi Amount 1 87,869.83 Emergency repairs to 750 KW 401 2811 536 46 20 87,869.83 generator at the East Water Treatment Plant U:\conboyuserdata\wordata\wordfile~requisition blank.doc ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phone (561) 798-4280 Fax (561)333-0185 Email: AdvanceGen~aol.com BILL TO CITY OF BoYI~TON BEACH PO BOX 310 BOYNTON BEACH, FL 33425-03 I0 ATT: Bob Kenyon Invoice DATE INVOIGE NO. 10/8/2002 3758 SHIP TO EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD P.O. NO. TERMS , PROJECT Due on recpt ! 750 EAST PLANT QTY DESCRIPTION RATE AMOUNT 29,523.00 29,523.00 KTA38 GENERATOR ENGINE REBUILD AND UPGRADE Engine upgrades include, improved higher rated premium cylinder heads. Rated for 101 HP and greater applications. The head gasket has also been improved with significantly better sealing surfaces designed to maintain cylinder integrity over a~heat cycles tha~t the original design. The cylinder liners also have been upgraded and have superior crevis seals and higher temperature rating 6 ring seals. The aftercooler elements are also an improved design with an improved sealing ring and weep hole arrangement. This new style upgraded head improves the engines continuous load carrying capability. The new style pistons now have an offset pin. The pin is now a full floating design with raised piston ring grooves. The shape and depth of the oil drain holes were also changed. The pistons also have a graphite coating added to the skins along with a thicker No-resist insert to reduce debonding. All these features help improve durability, power and cleaner burning. DESCRIPTION OF WORK PERFORMED Removed waste coolant and oil from job site. Set up temporary work benches and parts benches around genset to organize components and parts. Disassembled air boxes on right bank (RB) bolts rusted and frozen. Inspected aflercooler assembly through air box ports and determined possible cooler leakage will have to remove and disassemble for complete evaluation. Set up for aflercooler assembly removal. Cut pipe for "A" frame extensions and assembled "A" frame with trolley. Removed remaining support hardware and with chain falls remove aftercooler from top of engine and onto floor. Hand trucked and loaded into truck for shop ~sassemb. ly and inspection. Set up wire wheel cleaning station and started cleaning bolts and labeling hardware. Welded additional support plate to liner puller as lining seals have hardened and rusted into block. Removed 84, #5, g6 cylinder rocker arms and rocker boxes. Disconnected and removed aft turbo charger assembly and housings. Disassembled and removed cylinder heads from (RB) ~4, #5, #6 cylinder. Removed twin starter assemblies for access to left bank (LB) hand hold covers and removed. Disconnected rod caps and removed RB pistons. Set up liner puller and removed RB liners. YOU FOR YOUR BUSINESS Page I Total ADVANCE GENERATOR SALES & SERVICE, INC. 12~51 59th Street North Royal Palm Beach, FL 33411 Phooe (561) 798-4280 Fax (561)333-0185 Email: AdvaoceGen~aol.com Invoice DATE INVOICE NO. 10/8/2002 3758 BILL TO CITY OF BOYNTON BEACH PO BOX 310 i BOYNTON BEACH, FL 33425-0310 i ATT: Bob Kenyon SHIP TO EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD P.O. NO. : TERMS PROJECT I Due on recpt i 750 EAST PLANT QTY I DESCRIPTION RATE AMOUNT Removed frozen bolts on LB air intake boxes and removed intake. Disassembled and removed cylinder heads on LB ~4, #5, #6. Removed rocker boxes and cylinder heads from LB # 1, #2, #3. Before any further engine assembly can continue, the crank shaft had to be measured for bend or twist. This was done by cleaning all the tops of the LB pistons. Set up dual dial indicators on a cleaned deck surface. Set up for cylinder # 1 and #6. Zero dial indicators at top dead center on #1 & #6 hand bar engine back 10 degrees ad then return to top dead center on #1 cylinder. Then check g6 dial indicator to see if it also reached top dead center. Set up and checked all crank- throughs I & 6, 2 & 5, 3 & 4. Found all readings within specs. Received first shipment of new parts for rebuild. Checked new liners with old liners, measured bores. Checked new liners for proper deck thickness to match block deck height. Found thickness incorrect. Returned to parts department and researched. Found that this generator was an early production unit #624 and the computer records don't go back prior to unit # 1000. However the part numbers will cross reference up. Cleaned liners and found old number and cross referenced to new replacement liner with proper flange thickness. Ordered additional parts. Measured old turbo chargers and clean up part numbers for cross reference and ordered Recon turbos. Removed LB pistons and rods. Set up liner puller and removed LB liners. Begin cleaning ! RB counter bores and deck surfaces. Closed up lower bores and taped closed lifter openings to protect from dirt and gasket scrapings from dropping down into lower areas of the engine. Continued cleaning counter bores and deck surfaces on LB. Cleaned lower :k crevise seal and o ring seal areas of the block. THANK YOU FOR YOUR BUSFNESS Total Page 2 ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phoue (561) 798-4280 Fax (561)333-4)185 Emaii: AdvanceGen~aoLcom Invoice DATE INVOICE NO. 10/8/2002 3758 BILL TO i CITY OF BOYNTON BEACH ]PO BOX 310 ' BOYNTON BEACH, FL 33425-0310 ATT: Bob Kenyon SHIP TO EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD P.O. NO. I TERMS PROJECT ; Due on reept ! 750 EAST PLANT QTY DESCRIPTION RATE AMOUNT Test fit g6 RB liner to measure deck and liner height protection accuracy with standard counter bore ring. Found protrusion at .005 above deck. With new style head gaskets this specs changes to .006-.008. Continued cleaning all counter bores and measured depths. Miked all liner flanges and computed probable deck heights. Ordered oversize counter bore rings per measuremets and grouped and labeled new liners. Found various oversize counter bore rings back ordered fi.om factory. Put in emergency unit down request for parts. Continued cleaning lower crevis seal and oring seal areas of block. Wash out bores with mineral spirits and air pressure. Cleaned RB hand hold cover gaskets. Began heavy duty clean out ofoil pans. (front, middle and rear). Pumped out with electric pump. Wire brushed and cleaned lower interior spaces of oil pan. Wiped with dean rags and set up vaccuum system to clean out corners. Disassemble oil pump, pick up tube and support brackets. Set up temporary oil supply line and back flushed fresh oil into oil pump while hand barring engine in reverse rotation. Blew out oil pick up tubing and applied oil film to guard against rusting. Clean and prep cylinders #3 and g4 on LB. Cleaned and prepped new liners. Installed crevis seals, o rings, applied Cummins sealer on liner flanged and installed counter bore ring of correct thickness to achieve .008 liner protusion when installed. Installed liners and torqued hold down clumps to specs. Set up dial indicator and measure liner at 90 degree spacings and recorded. All measurement within specs. Continued process with all remaining cylinder liners. Recorded all readings in overhaul journal. Made all units fall within specs with the use of assorted over size counter bore rings. Unpacked piston rin.g sets and dry fitted in cylinder bores. Recorded ring gaps and labeled ring sets to cylinders fitted. (Jnpacked and cleaned new and recon rod assemblies. Removed cosmoline anit-rust coatings and blew out oil passages. Dipped rods in light clean oil. Prepped new pistons and wrist pins. Clean offanti corrossion films, blew out and coated with light oil. Assembled piston and rods. Coated wrist pins with assembly lube. Orientated pistons with proper rod direction. Engraved rods with proper cylinder number. Install appropriate ring sets on pistons for cylnders previously fitted. Coated assemblies in light oil and packaged for transportation to job site. you vou nusn, ss Total Page 3 ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phoue (561 ) 798-4280 Fax (561 }333-0185 Emaii: AdvanceGen~aol. com BILL TO i CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33425-0310 ATT: Bob Kenyon Invoice DATE INVOICE NO. l 0/8/2002 3 758 SHIP TO EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD P.O. NO. TERMS PROJECT Due on reopt i 750 EAST PLANT DESCRIPTION RATE AMOUNT Transported completed assemblies to Boynton. Unloaded and set up on work benches in proper order. Began final cylinder bore prep and flushed all interior surfaces with mineral spirits and oil. Began final crank prep. Polished crank journals flushed out oil journals and brushed out oil feed holes. Prelubed oil passages. Installed rod bearings, recorded numbers in journal. Aligned rings in proper gap spacing. Install ring compressor. Lubricated connecting rod journal with assembly lube. Installed rod assembly, installed rod caps and brought to stage two torque levels. Hand rotated ' engine to align crank throws for rod installation. Continued process until all 12 rods were installed. Rotated engine for proper angle to begin final torque levels in proper increments to final 240 lbs torque level. Continued rotation and final torqueing of rods. Recorded process in engine journal. Checked all rod side clearances and recorded. All rods side clearances fall with in the .012-.020 specs. Performed final deck cleaning on RB. Unpacked recon clyinder heads, cleaned new heads to remove cosmoline coatings. Brushed out injector fuel supply and return passages with in heads. Blew out and recoated with light oil. Final prep each head deck surface with electraclean just before assembly. Perform same to engine deck surface. Install new upgraded head gasket assembly and install titanium coated head bolts. Per tech specs properly filmed head bolt threads with lubricant for accurate head bolt torqueing. Installed 12 individual cylinder heads and torqued to proper specs. Final torque 255 lbs. Recorded in engine journal. Cleaned rocker boxes and water transfer tubes, heavy scale and rust, wire brushed and i sanded surfaces. Install new? rings and gaskets. Installed rocker boxes and water transfer ] tubes. Torqued to sp~cs. Installed recalibrated fuel injectors with new o ring seals and copper tip seals. Torqued to specs. Disassembled and cleaned and inspected rocker shatts, i arms and cross heads. Reassembled with lube. Cleaned and checked valve and injector , push rods. Replaced 4 push rods that were out of specs. Install rocker arm assemblies and torque to specs. Set up injector travel dial indicator tool. Perform valve and injector i adjustments to specs. Hand rolled engine and assembled and adjust 12 cylinders. THANK YOU FOR YOUR BUSINESS Total Page 4 ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phone (561 ) 798-4280 Fax (561 )333-0185 Email: AdvanceGen~aol. com BILL TO CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33425-0310 ATT: Bob Kenyon Invoice DATE INVOICE NO. 10/8/2002 3758 SHIP TO ~ EMERGENCY GE~ToR 750KW EAST PLANT ENGINE REBUILD P.O. NO. TERMS PROJECT Due on recpt 750 EAST PLANT QTY DESCRIPTION RATE AMOUNT Disassembled aRercooler assembly at shop. Housing bolts rusted and oxidized into aluminum. Used extreme marine duty penetrants and air punches to loosen corrossion before removing to keep as few bolts as possible fi.om breaking offin housings. Drill out and extract broken bolts. Helicoil damaged threads. Tapped out all remaining holes. Removed aftercoolers fi.om housing. Found new replacement units different in length. Researched (with Cummins) and found parts topic on Aftercooler design. Found all units manufactured after June of 1977 contain different design coolers. Old unit was manufactured in 1976. When replacing an older element with a new style element the water inlet and outlet connections must be changed to allow for the longer length. Also this upgrade includes the addition of weep holes placed between the sealing o rings that have been repositoined on the longer robes. This will make any coolant leak at the seals that occur under normal operation show up externally through the weep holes and avoid any internal engine damage. (SEE ATTACHED AFTERCOOLER BULLETIN 010-001). This design change required purchasing aftercooler cast coolant supply housings and discharge housings and adapters. Along with connection piping and square cut o ring seal housings. Ordered all addition housings and adapters fi.om Cummins factory. Also determined that our unit has the extremely early style thermostat housing which the aftercooler outlet piping must be connect to. There is no retrofit piping available fi.om Cummins so the new outlet tube must be modififed to allow for installation. This required cutting and reflaring of the new pipe and cutting and welding a different nipple arrangement of the old thermostat pipe. They were then joined by high temperature silicone hose connections. Continued cleaning afercooler housings and installed new cooler elements. Insialled new gaskets, o rings and adapters to housing and torqued cover bolts. Transported to Boynton and using "A" fi.me and chain falls lifted unit onto top of engine. Found new water inlet housing causing an alignment problem. Had to make up steel shims to raise mounting bracket and installed aftercooler assembly on mounts. Installed new coolant supply connections. After resurfacing offexhaust manifold surfaces, the old manifolds installed on the RB and LB heads. Installed recon turbo charger assembly on the forward. THANK YOU FOR YOUR BUSINESS ~ = Total Page 5 ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th SWeet North Royal Palm Beach, FL 33411 Phone (561) 798-4280 Fax (561)333-0185 Email: AdvanceGen~aol.com BILL TO CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33425-0310 ATT: Bob Kenyon Invoice DATE INVOICE NO. t 0/8/2002 3758 SHIP TO i EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD P.O. NO. TERMS PROJECT Due on recpt QTY DESCRIPTION RATE AMOUNT 750 EAST PLANT Fitted new outlet connections. Designed new routing offpiping and modified new piping by cutting and reflaring. Measured and cut old thermostat housing, welded new in old housing. Fabricated 90 degree bend from new tubing and connected system with high temperature silicone hose connections. Installed att turbo charger assembly and adjusted air out robing to accept new allercooler height. Cleaned all air intake and allercooler air box piping and housings and installed on engine. Tapped out valve cover bolt holes and installed valve covers with new gaskets. Removed RB and LB thermostat housing inserts and replaced thermostats and R & R internal stat seals. Replaced cover gaskets and reinstalled. Removed front and rear turbo oil feed lines and cleaned and flushed lines. Reconnected to turbo side only. Set up oil prime pump and hoses. Connected to block and pressurize oil system. Visually inspected crank and rods for oil flow. OK Finished installing coolant piping and fittings. Filled radiator and cooling system with demineralized water, purified from West Plant and delivered in 55 gallon drum. Pumped cooling system full and pressure tested. Checked lower liner seals for leakage while hand hole covers are still removed from block. Installed new radiator cap. Unit tested good. No leaks at crankcase. Cleaned out quadruple oil filter housing assembly. Torque all side cover bolts. Installed governor drive and governor assembly aller cleaning gearing and pre oiling. Installed injection pump drive and injection pump. Flushed out block fuel cross over passages. Ran brush connected to wire snake from LB to RB. Blew out and flushed with mineral spirits. _Finish~ pressme test of both fuel rails and removed plugs and gauges. Installed new fuel block and o rings. Blew out and cleaned fuel rail delivery and return system. Cleaned o ring surfaces and replaced orings. Installed rails and torqued to heads. Connected fuel lines to pump and fuel blocks. Wired up twin starter systems and battery cables and engine wiring harness. Installed oil filters and prelubed complete oil system with remote electric pump system. Prelubed turbo chargers and reconnected oil feed lines. :~'-I-~NK YOU FOR yoUR BUSINES~- - - Total Page 6 ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phone (561) 798-4280 Fax (561)333-0185 Email: AdvanceGen~aoLcom BILL TO ~cITY oF BOY'TON BE~H PO BOX 310 BOYNTON BEACH, FL 33425-0310 ATT: Bob Kenyon Invoice DATE INVOICE NO. 10/8/200:2 3758 SHIP TO EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD QTY P.O. NO. TERMS PROJECT Due on recpt 750 EAST PLANT DESCRIPTION RATE AMOUNT Fill crankcase through upper rocker boxes with fresh oil. This flushed and prelubed rockers and rocker boxes and camshat~ lubes. Connected battery bank to starters. Cranked engine over to build oil pressure. Confirmed oil pressure to upper rocker boxes and turbo feeds. Bled out fuel lines and confirmed fuel rack control. Disconnected hydraulic governor and disabled electrical end voltage regulator to keep regulator from being damaged by a low RPM Iow frequency at start up. Test ran generator at idle for 10 minutes. Shut down unit and pulled all valve covers. Rechecked injector adjustments and confirmed good oil flow to rocker arms. Reinstalled valve covers and reconnected hydraulic governor and voltage regulator. Test ran generator at rated speed 1800 rpm. Unit performed up to specs. Began dismantling work benches and cleaned up work area. AREAS THAT REQUIRED ADDITIONAL TIME Rusted and corroded air box bolts. Oil pan and oil pickup cleaning. Asbestos gasket removal and cleaning. Crankshat~ inspection for bend or stretch. Exhaust elbow replacement. Cylinder counter bore cleaning-Crevis seal cleaning. !Revised liner height specifications. i Cylinder head gasket-revision with torque sepcs with titanium coated head bolts. Affercooler upgrade modifications mounting and piping. , Due to our good relationship with The City of Boynton Beach we did not charge over time i rates for the Saturdays and Sundays worked to expedite the generator repairs. ! SUPPLIES(103624) SUPPLIES (2021760) 'METAL SUPPLIES (25436) METAL SUPPLIES (25477) 2 BOLTS/NUTS (70102) PULLEY (70102) i TY-WRAPS AND SUPPLIES THANK YOU FOR YOUR BUSINESS 41.58 32.39 99.59 15.34 2.41 16.53 92.65 41.58 32.39 99.59 15.34 4.82 16.53 92.65 Total Page 7 ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phone (561) 798=4280 Fax (561}333-0185 Email: AdvanceGen~aoLcom Invoice DATE INVOICE NO. 10/8/2002 3758 BILL TO CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33425-0310 ATT: Bob Kenyon SHIP TO EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD P.O. NO. TERMS ~ PROJECT Due on ret'pt 750 EAST PLANT QTY DESCRIPTION RATE AMOUNT MANUAL GAUGE/WIRE BRUSH (6311573) WORK BENCH MATERIAL (8020319) ENGINE CLEANER (81950) ASSEMBLY LUBRICANT (05089) NUTS/BOLTS (12022320) SANDING SUPPLIES (3012428) SUPPLIES (3082254) CONNECTORS (4030323) ALUMINUM PIPE (25662) AERO KROIL PENATRANT (12AP) PARTS CLEANER (91314) PARTS BAGS (70902) ELECTRICAL SUPPLIES (150454) FREIGHT PRESSURE BOTTLE AND GASKET (46425) SANDING (080502) MASKING TAPE AND SUPPLIES (9341157) SANDING SUPPLIES (4053615) WIRE CLEANING WHEELS (7052052) 12" CMBSQZNHD (376884) THREADLOCK (765-1140) JUNCTION BOX (7150454) ASSEMBLY LUBRI{2ANT (013) 109.67 86.78 28.51 30.3 l 15.92 17.23 72.19 10.40 56.64 21.43 28.18 9.72 8.94 7.00 15.16 18.95 36.67 22.08 67.31 11.08 43.31 8.94 7.43 FUEL RAIL PRESSURE TEST SUPPLIES (160334) FREIGHT SUPER 300 CLEANER (78952) BATTERY (70231) MINERAL SPIRITS (506217) GASOILA HARD SET RED SEALANT (163046) 3/4-16 DIE (A7260) 36.85 3.50 3.74 4.37 12.43 14.69 22.70 109.67 86.78 28.51 30.31 15.92 17.23 72.19 10.40 56.64 21.43 28.18 9.72 8.94 7.00 15.16 18.95 36.67 22.08 67.31 I 1.08 43.31 8.94 7.43 36.85 3.50 3.74 4.37 12.43 14.69 22.70 THANK YOU FOR YOUR BUSINESS i Total Page 8 ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phone (561) 798-4280 Fax (561)333-0185 Email: AdvanceGen~aol.com BILL TO ~i~ C~ ~0YNTOI',I BEACfi ................... ~ PO BOX 310 BOYNTON BEACH, FL 33425-0310 ATT: Bob Kenyon Invoice DATE INVOICE NO. i 0/8/2002 3758 SHIP TO EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD P.O. NO. TERMS PROJECT ; Due on recpt 750 EAST PLANT QTY DESCRIPTION RATE AMOUNT 3/4-16 X 2" BOLTS (12032D) MINERAL SPIRITS (301924044254) FLAT STEEL 3/16" (44158) NUTS/BOLTS (6090450) INJECTION REPAIR (4412) FREIGHT PARTS CLEANER (5089) NONCHLORINE CLEANER (5088) INSPECTION MINI BULB (74001) SANDING SUPPLIES (9112131) PARTS CLEANER (5089) M1NERAL SPIRITS (8341791) SHOP TOWELS (6040279) MISC PARTS (247423) PARTS CLEANER (5089) 8 BOLT (181377) 8 TURBO MOUNTING NUT (9411981) MISC BOLTS/NUTS (55489) FEDERAL EXPRESS (259430437) ZINC BOLTS (12032Z) HARDWARE ITEMS PARTSMISC. (32411) BLADES GASKET ~,EMOV~ER (39404107275) NUTS/BOLTS (32299) 7 5 GALLONS URSA 15W40 DIESEL RATED OIL (10828) 2 FT 5" 4 PLY SILICONE HOSE (594405) PIPE FITTINGS AND SHOP TOWELS (9061092) 20 # 20H HOSE CLAMPS (005697) PARTS CLEANER (5089) OIL TRANSFER SWITCH (5341087) THANK YOU FOR YOUR BUSINESS P~e9 Total 29.80 18.76 4.92 4.96 634.75 71.50 18.54 6.18 6.24 14.04 21.81 12.43 9.05 !.72 38.62 0.60 0.99 8.14 69.71 28.31 129.80 7.43 19.77 6.24 38.35 41.89 19.91 2.07 15.46 13.02 29.80' 18.76 4.92; 4.96 634.75 71.50 18.54 6.18 6.24 14.04 21.81 12.43 9.05 1.72 38.62 4.80 7.92 8.14 69.71 28.31 129.80 7.43 19.77 6.24 268.45 83.78 19.91 41.40 15.46 i 3.02 ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phone (561) 798-4280 Fax (561)333-0185 Email: AdvanceGen~aol.com BILL TO CITY OF BOYNTON BEACH ~ PO BOX 3 l0 BOYNTON BEACH, FL 33425-03 l0 ATT: Bob Kenyon Invoice DATE INVOICE NO. 10/8/2002 3758 SHIP TO E~RGENC¥ GEniiOR 750KW EAST PLANT ENGINE REBUILD 2 2 4 12 12 P.O. NO. DESCRIPTION 38-50 CLAMP (316050) 51-76 CLAMP (316076) 102-140 CLAMP (316140) FT I 5/8" SILICONE HOSE (70-162) FT 2 1/2" SILICONE HOSE (70-250) 1" COPPER (31091) HARDWARE- BOLTS/NUTS (55693) 3/8 16X 4 PLN (55847) 7 LB RADIATOR CAP (HD7) 24V FUEL SOLENOID (35890) SHOP TOWELS (2072455) ~ SUBTOTAL 5: ENGINE PISTON KIT (3631244) 3 O-RING SEAL (3001340) 1 [FLANGE GASKET (124577) I I WATER PUMP GASKET (206455) 1 ! SUPPORT GASKET (2064 16) 12 i PISTON RING SET (3631248) 22 1 CONNECTING ROD BEARING (3047390) 4 PUSH RODS (3057139) I UPPER ENGINE GASKET SET (3800730) 3 THERMOSTAT (204586) '" 4 THERMOSTAT SEAL (186780) 2 AFTERCOOLER COVER GASKET (3011580) I EXHAUST OUTLET TUBE (3016742) I ENGINE CONNECTING ROD (3632225) 12 LINER KIT (3007525) 12 LINER INSERT (3011884) 2 1 SEALANT (3823494) TERMS PROJECT Due on recpt ; 750 EAST PLANT RATE ~ AMOUNT 4.34 8.68 5.28 10.56 7.17 28.68 1.57 18.84 2.12 25.44 19.16 19.16 60.99 60.99 10.08 10.08 73.69 73.69 106.00 106.00 9.88 9.88 32,647.49 THANK YOU FOR YOUR BUSINESS i Total Page 10 576.17 0.72 3.47 i .60 2.67 114.59 25.96 37.94 1,519.72 44.43 9.51 41.91 322.93 868.87 321.08 37.55 12.06 2,880.85 2.16 3.47 1.60 2.67 1,375.08 571.12 151.76 1,519.72 133.29 38.04 83.82 322.93 868.87 3,852.96 450.60 24.12 ADVANCE GENERATOR SALES &SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phone (561 ) 798-4280 Fax (561)~33-0185 Emall: AdvanceGen~aol.com BILL TO ~ClTY OF BOYNTON BEACFI ~ PO BOX 310 BOYNTON BEACH. FL 33425-0310 ATT: Bob Kenyon Invoice DATE INVOICE NO. 10/8/2002 3758 SHIP TO EMERGENCY GENERATOR ' 750KW EAST PLANT ENGINE REBUILD P.O. NO. TERMS PROJECT Due on recpt 750 EAST PLANT QTY DESCRIPTION RATE AMOUNT -l -1 5 1 I 2 8 8 2 2 11 11 WATER PUMP (3028990RX) WATER PUMP CORE (3022920D) SHOP MANUAL (3810300) SUBTOTAL INVOICE # 070-8900 1 LINER KIT (4024770) I [CONNECTING ROD (3043910RX0 11 CONNECTING ROD CORE (3043910D) 2 ENGINE PISTON KIT (3631244) 1 SINGLE HEAD GASKET SET (3800726) I i PISTON RING SET (3631248) 2 ! CONNECTING ROD BEARING (3007390) 1 1 PISTON RING COMPRESSOR (3823294) FREIGHT SUBTOTAL INVOICE # 070-7778 LINER KIT (4024770) SINGLE HEAD GASKET SET (3800726) SUBTOTAL INVOICE # 070-8759 ENGINE PISTON KIT (3631244) FUEL BLOCK CONNECTION (3006516) THERMOSTAT (204586) ENGINE CONNECTING ROD (3632225) CONNECTING ROD (3003910RX) CONNECTING ROD CORE (3003910D) TURBO T-18A (3033553RX) TURBO T-18A CORE (3004595) CYLINDER HEAD PRE-PH8 (3074622RX) CYLINDER HEAD CORE (3018868D) SUBTOTAL INVOICE # 170-12192 1,317.87 217.30 101.85 321.08 582.99 109.40 576.17 214.02 114.59 25.96 238.11 21.06 223.12 148.72 576.17 105.14 44.43 868.87 582.99 109.40 2,625.03 3.54 1,116.52 53.10 1,317.87 217.30 101.85 13,920.08 321.08 582.99 109.40 1,152.34 214.02 114.59 51.92 238.11 21.06 2,805.51 -223.12 -148.72 -371.84 2,880.85 105.14 44.43 1,737.74 4,663.92 875.20 5,250.06 7.08 12,281.72 584.10 28,430.24 THANK YOU FOR YOUR BUSINESS i Total Page 11 ADVANCE GENERATOR SALES & SERVICE, INC. ! 2351 59th Street North Royal Palm Beach, FL ;}3411 Phone (561) 798-4280 Fax (561)333-0185 Email: AdvanceGenfW~aol.com BILL TO CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33425-0310 ATT: Bob Kenyon Invoice DATE INVOICE NO. 10/8/2002 3758 SHIP TO EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD P.O. NO. i TERMS PROJECT ~ Due on recpt 750 EAST PLANT QTY DESCRIPTION HEAD CYLINDER CORE CREDIT WATER PUMP CORE CREDIT SUBTOTAL INVOICE # 070-12196 RATE AMOUNT -36.90 -151.00 1 CYLINDER HEAD PRE-PHS (3074622RX) I '~ CYLINDER HEAD CORE (3018868D) ! SUBTOTAL INVOICE# 070-12732 2 CYLINDER LINER CLAMP SET (3822503) SUBTOTAL INVOICE # 070-13371 12 i LINER INSERT (3021148) ' SUBTOTAL INVOICE # 070-15553 1,116.52 53.10 76.96 43.81 -110.70 -151.00 -261.70 1,116.52 53.10 1,169.62 153.92 153.92 525.72 525.72 I: FLANGE GASKET (206013) FREIGHT i SUBTOTAL INVOICE # 070-17877 6 i HAND HOLD GASKET (3175856) 2 FILTER HEAD GASKET (3177108) FREIGHT SUBTOTAL INVCJlCE # 0:70-18451 0.92 3.81 8.33 11.47 4.15 0.92 3.81 4.73 49.98 22.94 4.15 77.07 LINER KIT (3007525) FREIGHT SUBTOTAL INVOICE # 070-19709 , 321.08 11.42 321.08 11.42 332.50 i THANK YOU FOR YOUR BUSINESS i Total Page 12 ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phone (561) 798-4280 Fax (561)333-0185 Emaii: AdvanceGen~aol.com BILL TO CITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33425-0310 i ATT: Bob Kenyon Invoice DATE INVOICE NO. 10/8/2002 3758 SHIP TO EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD P.O. NO. TERMS PROJECT Due on recpt 750 EAST PLANT QTY DESCRIPTION RATE AMOUNT LINER INSERT (3019150) FREIGHT SUBTOTAL INVOICE # 070-21845 TWELVE POINT CAP SCREW (3032633) FREIGHT SUBTOTAL INVOICE # 070-23034 GUIDE PIN (3375098) FREIGHT SUBTOTAL INVOICE # 070-23327 CONNECTING ROD (3043910RX) CONNECTING ROD CORE (304391 OD) FREIGHT SUBTOTAL INVOICE# 070-23300 CONNECTION ROD BEARING (3047390) FREIGHT SUBTOTAL INVOICE # 070-25133 CONNECTINNG R6D BEA~G (3047390) FREIGHT SUBTOTAL INVOICE # 070-25888 37.55 11.80 30.21 4.01 79.84 3.89 582.99 109.40 75.78 25.96 3.89 25.96 3.89 2 WATER TRANSFER TUBE (206709) i FREIGHT SUBTOTAL INVOICE # 070-27954 41.64 4.02 37.55 ll.80 49.35 60.42 4.01 64.43 319.36 3.89 323.25 582.99 109.40 75.78 768.17 25.96 3.89 29.85 51.92 3.89 55.81 83.28 4.02 87.30 THANK YOU FOR YOUR BUSINESS = Total Page 13 ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phone (561 ) 798-4280 F~x (561 )333-0185 Email: AdvanceGen~aol.com BILL TO ~cITY OF BOYNTON BEACH PO BOX 310 BOYNTON BEACH, FL 33425-0310 ATT: Bob Kenyon Invoice DATE INVOICE NO. 10/8/2002 3758 : SHIP TO EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD i P.O. NO. ' TERMS PROJECT I Due on recpt i 750 EAST PLANT QTY i DESCRIPTION i RATE AMOUNT 12 O RING SEALS (3015067) FREIGHT SUBTOTAL INVOICE# 070-28842 WATER PUMP GASKET (206455) O RING ADAPTER (3008494) FREIGHT SUBTOTAL INV# 070-30185 AFTERCOOLER PARTS AFTERCOOLER CORE (3032030) SUBTOTAL INVOICE # 070-15550 3.82 1.60 70.40 4.16 15.00 3.82 18.82 1.60 70.40 4.16 76.16 2,592.31 5,184.62 5,184.62 1 i FLANGE GASKET (3175517) 61 O-RING SEAL (4066112 Superceded by 3175545) 6 i FLANGE GASKET (3014449) 6 ! RECTANGULAR OUTLET CONNECTION (3008710) 4 ~, HEXAGON HEAD CAP SCREW (S112) FREIGHT SUBTOTAL INVOICE # 070-28539 1 i WATER TRANSFER CONNECTION (3010121) 2 1 WATER TRANSFER TUBE'(3175267) 2 WATER INLET CONNECTION (3019261) 810 RING SEAL (3003016) 4: ADAPTER CONNECTION (3175528) 2 WATER OUTLET CONNECTION (3019620) 2 1 WATER TRANSFER TUBE (3175543) ~ PREMIUM FREIGHT SUBTOTAL 1NVOICE # 070-28656 THANK YOU FOR YOUR BUSINESS I Total Page 14 1.37 1.37 1.90 I 1.40 0.99 5.94 6.89 41.34 1.17 4.68 3.82 3.82 68.55 234.37 234.37 40.26 80.52 130.63 261.26 4.51 36.08 11 i .65 446.60 183.35 366.70 36.11 72,22 194.70 194.70 ! ,692.45 ADVANCE GENERATOR SALES & SERVICE, INC. 12351 59th Street North Royal Palm Beach, FL 33411 Phone (561) 798-4280 Fax (561)333-0185 Email: AdvanceGen~aol.com BILL TO -CITY OF BOSTON m~.C" ~ PO BOX 310 BOYNTON BEACH, FL 33425-0310 ATT: Bob Kenyon Invoice DATE INVOICE NO. 10/8/2002 3758 SHIP TO EMERGENCY GENERATOR 750KW EAST PLANT ENGINE REBUILD P.O. NO. TERMS PROJECT Due on recpt 750 EAST PLANT QTY DESCRIPTION 12 O RING SEAL (3007441) FREIGHT SUBTOTAL INVOICE # 070-29720 RATE 1.16 3.81 AMOUNT 13.92 3.81 17.73 THANK YOU FOR YOUR BUSINESS ~ Total $87,869.83 Page 15 IKenyon, Bob · From: Sugerman, Dale Sent: Friday, July 05, 2002 11:08 AM To: Atkins, Bill Cc: Guidry, John; Kenyon, Bob Subject: RE: Backup Generator Goes Down Thanks Bill. We'll toke it from here. bale .... Original Message ..... From: Atkins, Bill Sent: Fdday, July 05, 2002 11:07 AM To: Sugerrnan, Dale Subject: FW: Backup Generator Goes Down The City has the current bid titled "Two Year Contract for Diesel/Propane Generator Maintenance and Repair Services" which was awarded to Advance Generator Sales and Service, Incorporated. This bid is effective until September 5, 2003 and offers hourly rates for labor, and cost plus 20% for materials. When awarded by Commission the annual expenditures were estimated at $70,000.00. As Kurt mentioned it would be best to handle as an emergency purchase utilizing the awarded vendor and then present to Commission with explanation. Normally, it would have been required to go to Commission since the estimated annual expenditures were being exceeded, but by identifying it as an emergency you can proceed to get the work completed up front and then provide the CAI for the emergency purchase. Bill ..... Original Message ..... From: Bressner, Kurt Sent: Wednesday, July 03, 2002 4:34 PM To: Sugerman, Dale Cc: Atkins, Bill; Guidry, John; Kenyon, Bob Subject: RE: Backup Generator Goes Down Dale, This is an er:nergendy. An evaluation that the generator can be repaired or not needs to be performed. If so, it should be repaired under the terms of the contract with the vendor. If the cost exceeds the administrative limit, it can proceed and I will have the repair ratified by Commission. Kurt Bressner ..... Odginal Message ..... From: Sugerman, Dale Sent: Wednesday, July 0], 2002 4:19 PM To: Bressner, Kurt Cc: Atkins, Bill; Guidry, John; Kenyon, Bob Subject: Backup Generator Goes Down Kurt- Last Thursday morning, while conducting our routine "exercising" of our East Water Treatment backup generator, it froze. This generator is of i978 vintage (we bought it used from the Regional Sewage Plant when they went through their major expansion). We just got the initial damage assessment to make the repair, and it appears that it will be in the $75,000.00 range. A new one could cost upwards of $350K. We aren't recommending purchasing new, because we don't know the long-term future of the East Water Treatment plant (waiting to hear what 5FWMD wants us to do under the new Water Use Permit). We have o generator maintenance/repair firm under contract currently with the City. They were selected on a competitive bid basis, so we don't have to go out for bid on this one. They can make the repair at their hourly rate with their standard bid mark-up for parts. I'm not sure if this repair needs to go to the City Commission for approval. That's why I've copied Bill Atkins in on this message. I'd like to hear back from him on this. The repair will take approximately 30 days. We' re ready to move forward on this ASAP. Dale Kenyon, Bob From: Sugerman, Dale Sent: Wednesday, July 03, 2002 4:19 PM To: Bressner, Kurt Cc: Atkins, Bill; Guidry, John; Kenyon, Bob Subject: Backup Generator Goes Down Kurt- Last Thursday morning, while conducting our routine "exercising" of our East Water Treatment backup generator, it froze. This generator is of 1978 vintage (we bought it used from the I~egional Sewage Plant when they went through their major expansion). We just got the initial damage assessment to make the repair, and it appears that it will be in the $75,000.00 range. A new one could cost upwards of $$50K. We aren't recommending purchasing new, because we don't know the long- term future of the East Water Treatment plant (waiting to hear whet 5FWMD wonts us to do under the new Water Use Permit). We have a generator maintenance/repair firm under contract currently with the City. They were selected on o competitive bid basis, so we don't have to go out for bid on this one. They can make the repair at their hourly rate with their standard bid mark-up for parts. ['m not sure if this repair needs to go to the City Commission for approval. That's why ['va copied Bill Atkins in on this message. ['d like to hear back from him on this. The repair will take approximately 30 dcrys. We're ready to move forward on this ASAP. Cummins Southeastern Power, 'Inc. Central Parts Dist Ctr 6606 N 56~ Street Tampa, FL 33610 (813) 623-3330 07O-8900 F:llmit tn- P.O. Box 650853, TA'nrm. SOLD TO 12351 59th St N Royal Palm B(~h, FL 33411 SHIP TO l~St N Royal Palm Bch, FL 33411 PAGE I OF 2 "'CHECK "' ·ATE ~.l$~-u~ OIUt, ER NO. BATE IN m~kvlC:E INelll K IqiMf NO. EQUIFIEIT BAKE 1G.JUL-2OCr2 C~i~R NO~ i~ ViA FNL ~ATE ENGINE IIBIAL IIO. ~PL NO. EQUIP#lENT NOBEL lIEF. NO. IALESG~.,~GG~ PMTI ~NI~. IIILIAeIJflOURS PUMP ~ODE UNIT NO. 34o SF. AL, O ~m~'/7 ~ ~,WA~ ~ ~ 1.~ 1.~ ~1~ ~,sup~ ~12~ ~,~ ~ ~ o7.11 1,1~.= ~ B~R~,~ ~ (S~) CECO ~ ~.~ ~16 ~~~ ~ C~ ~.10 ~ ~,~ · C~ ~15 1~.~ ~ ~~AT ~ ~E~AT CE~ 8.~ ~4 1~ ~1~ ~~ ~ ~.67 ~.~ ~ ~ ~ ~1~.~ 1 ~ ~~E~~ ~ ~.= ~.~ 12 ~ ~ ~ ~.10 3,~ ~R AO<NOWl _I~'~F.~ THAT ~UCH TERMS AND ~ HAVE BEEN READ AND RJU.Y UNDERSTO00. RECENED BY X Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 56th Street Tampa, FL 33610 (813) 623-~ 070-8900 SOLD TO SHIP TO.. Advanced Generator Sales '"'~"~ Generator- Sales .And Service And Service PAGE 2 OF 2 12351 59th St N 12351 59th St N .. CHECK RoyaJ Palm Bch, FL 33411 Royal Palm I~h, FL 33411 DATE ~UITOIIEII ORIIIR NO, DATE IN IIIRVI~I INIINK MOBIL Pt/lB NO, EGUNHIENT MAKE IDUST~41ER #O. ~ VIA FAIL BATE ~ ~ NO,. CPL MO. lrCIUIPMIfNT MODEL I1~'. NO. IAI.~IiNERSON liAI~I a~P. II~~ PUMP OOOE ~wi~ #O. 8 8 3043810[) ~ CCX'4NEC~ING ROC),KV NE Ct.F. AN 02.71 1 ....... 1 ~" -- PUMP,WA'~'ER KT/ICJ'A - ~ ..... le4.iS 184.1~ 2 2 30~3553RX TURBO, T-18A DRC 2,224.60 2 2 3(X)4696D TURBO, T-18A CLEAN 3.00 12 12 ~074e2;P,x HF~,CYL KV P~E-~m (Pf~U DF~ 12 12 ~01m~O HF..~,C'n. K~'V' ~ 4S.00 WE CARRY NELSON EXHAUST PRCX)UCT8 SUB TOTAL: 11,796.62 THIS INVOICE FOR ENGINE~ PARTS, GOMPONENT8, REPAIR AND/OR SERVICE SUBJECT TO THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE SACK OF THIS INVOICE, WHICH INCLUDES MMITATION8 ON WARRANTIES AND PURCHASER ACKNOWI I=r1GES THAT SUCH TERM8 AND CONDITIONS HAVE BEEN READ AND FULLY UNDERSTOO0. RECEIVED BY X U8 TOTAL AMOUNT: I Cummins Southeastern Power, Inc. Central Parts Di~t Ctr 6606 N 56th Street Tampa, FL 33610 (813) 623-3330 SOLD TO Advanced ~~_.Sales And Servk~ 12351 59th St N Royal Palm Bcfl, FL 33411 am, T9 12351 591h St N Royal Palm Bch, FL 33411 PAGE 1 OF 1 '*' CREDIT CARD '" 1086291 BEST WAY PI=D AND A ~,nn. ~ DIIP IlK ..... ~RI w~mF ~OOE UNIT lQ, 92.71 1 I 38~1~14 PISTON KIT,~ ~ 488.~ 488~Z8 ' 1 ~ SET, _8iNGLE HF..~ ~ CE(X) 181.37 181.37 2 2~304'/3g0 I~.ARII~3ON ROD (STD) CECO ~..00 44.00 ..:~ c.~ ~ Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 56th Stre~ Tampa, FL 33610 (813) 623-3330 070-8759 SOLD TO Advanced Germrat~ Sakm And Servk:e 12351 5gth St N Royal Palm Bch, FL 33411 SHIP TO PAGE 1 OF *** CREDIT CARD CUSTQI~ NO. SHllI VIA FAIL ~F. NO. W~ON -1 -1 4024Tr0 KIT,LINER CEO:) 2/2.10 2'P2.10CR · 1 -1 3800726 [ HEAD GA8KET 181.37 181.37CR INVOK~ FIEI~I~NC~ 7778 FAtD _~kEq_OfllDA 8ALE8 TAX: 14Z~'FI RECEIVED BY X Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 561h Street Tampa, FL 33610 (813) 623-3330 070-12192 pdma ~. ,P.O. Box MOM3, T,~m. ~OLD TO SHIP TO Advanced Generator Sales 'Advanced Generator Sales And Service And Service PAGE 1 OF 1 12351 59Un St N 12351 59th St N '" CHECK '*' Royal Palm Bch, FL 33411 Royal Palm Bch, FL 33411 31-,JUI.~,~ I~F. NO. BALIESPER$Ogl ImMT$ raSP. IISLEA~Ji~#{S PUMP COO{ UNIT NO. 10 5 3~31244. PISTON KIT, ENGINE CECO 488.28' 2,441.40 I I 3008516 CONNECT1ON, RJB. BLOCK CE(~ 89.10 89.10 4 1 204586 THERMOSTAT CE(X) 37.65 37.65 2 2 30eam0 CX)fl~~ C'EO0 2,1Qe.87 3 2 ~ flCX),ENGINE (Z)NNECTING CECO ' 736.33 1,472.66 8 8 304391ORX ROO,CONN KT/KTA38/KTA50 ORC 4G4.06 3,952.48 8 8 304~100 CORE ~NG ROO,KV NE CLEAN 92.71 741.68 2 2 30~:L'~J~____4tRX TURBO, T-18A DRC 2,224.60 4,449.20 2 2 30045850 TURBO, T-18A CLEAN 3.00 6.00 12 I 11 3074622P, X HEAD,CYI. KV PRE-PHS (PREM DRC 946.20 10,408.20 12 1 11 :301 ~ HEAD,CYL K/KV CLEAN 45.00 495.00 WE CARRY NELSON EXHAUST PFKXXJCTS PAYMENT ALREADY SECURED SUB TOTAL: 24,093.37 4VOICE, WHICH ~ UltIITA~ OH WARRANTIES ANO ~F_~ PUFIO4A~.~:I AO~qC)V~D(~ THJ~ ~ ~ ~ ~ HAV~ BEEN P, EAD /, RECEIVED BY X ~_,/ - - , ~,/L.--,~ 24~3.37 ,ummin$ Southeastern Power, Inc. 6606 N 56TH STREET TAMPA, FL 33610 (e13) 62~3330 ***CORE CREDIT"* PAGE 1 OF I 07~12196 SOLD TO ADVANCED GENERATOR SALES AND SERVICE 12351 59TH ST N ROYAL PALM BCH, FL 33411 SHIP TO ADVANCED GENERATOR SALES AND SERVICE 12351 59TH ST N ROYAL PALM BCH, FL 33411 BATE CUBTOMER QRDER NO. lATE IN I~E ENGINE MODEL PUMP NO. EGUIPMEIIT MAKE 31~JUL-2002 CU~I'~M~R NUo SH4EI VIA FdMI. BATE EME~fl4E SIERIAL N~,. 4~PL NO. EEIUIPMSNT MQOEL INV-10~428727 75378 3 3 3018868D 3 3 3018868D 1 13O2292O0 I 130229200 HEAD,CYL WKV DIRTY REF INV4)70-12192 HEAD,CYL K/KV DIRTY RECEIPT PUMP,WATER KT/KTA DIRTY REF INV~70~900 PUMP,WATER KT/KTA DIRTY WE CARRY NB.8ON EXHAtJ~T PROOUCTS 184.15CR 1~.-... 319.15 THIS INVOICE FOR ENGINES. PARTS. COMPONENTS, REPAIR ANO/OR SERVICE IS SUBJECT TO THE TERMS AND ~ OF 8ALE 8ET FORTH ON THE BACK OF THIS INVOICE. WHICH INCLUDES UMITATIONS ON WARRANT1F~ AND REMEDIES. PURCHASER ACKNO~ t=r~ES THAT SUCH TEFII~ AND (X:)NDmoNs HAVE BEEN READ AND FULLY UNDERSTOOD. RECEIVED BY X Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 56th Street Tampa, FL 33610 (813) 623-3330 070-12732 Reed to: P.O.'Box M0~S~ Taml~ .~OLD TO Advanced Geflerator Sales And Service 12351 59th St N Royal Palm Bch, FL 33411 SHIP TO Advanced Generator Sales And Service 12351 59th St N Royal Palm Bch, FL 33411 PAGE I OF 1 '*' CHECK *' ·ATE CUSTOMER ORBER NO. BATE IN IBtVl~E Elllii~ IIOBf, L PUItP ~ lG~i~i~T K! 01-A~ CUSTOM~ NO. ~lP V~ FK ~ ENE K~ NO. CK NO. EQ~iF~T NOOEL 1~1 ~R ~R ~F. NO, I~EIPER~ PE BLIP, ~L~G~OURI ~ Cfll UNIT NO. ~-1~ 7~~ 2 2 3032030 GORE,A~R CECO 2,196.87 12 1 307.4822RX HEAD,CYt. KV PRE-PH8 (PREM DRC g48~-~0 946.20 12 1 3018868D HEAD,CY[. K/KV CLEAN 46.00 45.00 WE CARRY NELSON EXHAUST PROOUCTS PAYMENT ALREADY SECURED SUB TOTAL~ ~91~0 INVOICE FOR ENGINES, PAFJ'i'S, COMPONENTS, REPAIR ANC)K)R SERVICE IS ~JECT TO THE TERMS ~d~O C~l~T~Ofl.S OF SALE set ~ o~ ~ BACt( OF TH~S ,,~VOICF. WHtCH tNCLZ~ES UMI~T)qNS ON WARRANI'I.6e ANO RE~ED~ES. PUF:ICHA,~ER ACKNOWLEDGES ~I[T SUC~H TERMS AN~~ HAVE BEEN READ ~,ummln$ Southeastern Power, Inc. Central Parts Dbt Ctr 6606 N 56th Street Tampa, FL 33610 (813) 623-3330 070-13371 P.O. Box ~ Tamp~ SOLD TO SHIP TO Advantage Generator And Advantage Generator And Switch Switch PAGE 1 OF 1 18615 126 Terr N 1861.5 126 Terr N '- ON ACCOUNT CHARGE Jupiter, FL 33478 Jupiter, FL 33478 02-AU0-2002 N SUITOMIR NO. ~ VIA FAll, OATE ~;~;;.; ~,~ld, NO. CI~L NO. ~'_':: ~_-_l' MODd' 1012518 DF_AlOft COUNTER KEF. NO. LtLESPEIEION PARTS G~G;. IIII.EA~r:MouR$ I~UIIF COOE UNIT NO. O~100-429667 79644 2 3822503 SET, CYUNDER UNER (;~lddP ' WE CARRY NELSON EXHAUST PR(Z)UC'~ SUB TOTAL: 130.4~ THIS INVOICE FOR ENGINES. PART~ COMPONENTS. REPAIR ANDK3~ SERVICE IS U~ TQTJId. AMOUNT: 1~0.44 SUaJECT TO THE TERMS AND ~ O~ SALE SEt mm~ oN ~E SAn O~ THins INVOICE. WHICH INCLUDES UMITA'rl4~_C~4- W~E,~KI~. _ PURCHASEfl ACKNOWLEDGES ~ S~ ~ AND ~[~ITION~HAV~- Cummins Southeastern Power, Inc. Central Parts DOst Ctr 6606 N 56th Street Tampa, FL 33610 (813) 623-3330 SOLD TO Advance Generator Sales And Service 12351 59th St N Royal Palm Bch, FL 33411 SHIP TO Terms: This invoice is due no later than 30 days from date of invoice. A smvice charge of I 1/2% per month or fraction thereof (18% annual rate) will be added to delinquent accounts. This service charge is not intended to imply that it is an alternative to payment when due. r 070_15553 Remit to: P.O. Box 550953, Tampa, Advance Generator Sales 12351 591h St N Royal Palm Bch, FL 33411 PAGE I OF 1 -' ON ACCOUNT CHARGE "- DATE CUi?Oiiill OP--.'"-'N NO, DATE IN SERVICE EiiGiiii MODEL PUMP NO. EQUIFMENT MAKE 12-AUG-2002 BOYTON 750 CUSTOMER NO. ".~-~ff VIA FAIL DATE ENGINE SERIAL NO, 4:PL NO. EQUIPIIE#T MODEL 1086480 UPS GROUND PPg AN REF. NO. IAL~4,~K_en_H PARTS DIIP. MILEAGE/HOURS PUMF CODE UNIT NO, DE- 100-430748 73937/73937 12 12 3021148 INSERT, UNER CECO 37.13 445.56 WE CARRY NELSON EXHAUST PRODUCTS NO FACTORY FREIGHT CHARGED PER BJL SUB TOTAL: 445.56 STATE TAXES: 2~73 'IS INVOICE FOR ENGINES, PARTS, COMPONENTS, REPAIR AND/OR SERVICE IS 8JECT TO THE TERMS AND ~DITIONS OF SALE SET FORTH ON THE BACK OF THIS INVOICE, WHICH INCLUDES EMITATIONS ON WARRANTIES AND REMEDIES. PURCHASER ACKNOWLEDGES THAT SUCH TERMS AND CONDITIONS HAVE BEEN READ AND FULLY UNDERSTOOD. RECEIVED BY X US TOTAL AMOUNT: 472.29 ~ummin$ Southeastern Power, Inc. Tampa, FL 33610 (813) 623-3330 070-17877 SOU) TO And Sewice 12351 59th St N Royal Palm Bch, FL 33411 sa, TO PAGE_._1_ OF 1 '"" ON ACCOUNT CHARQE Illelll IIOIIIL PUI~ NO. EQU#q~IST MAKE 1 20~013 WE CARRY Nm__~3N EXHAUaT PROOUCTS PUFICHASER AG~4OW!.~DQF~ THAT ~JCH TERM~ AND ~ HAVE BEE~ READ AND FULLY UNDERSTCX30. Southeastern Power, Inc. Centra} Parts Dist Ctr 6606 N 56~ Street Tampa, FL 33610 (813) 623-3330 invalce. A ~ ¢~.~ of 1 1/'~/. per month or h~on Ihemot (18% mnu~l mtn) ~11 be L,J~__ _ to cl.incNe~ acaount~. Thl. 070-18451 SOLD TO Advanc~ G~ Sak~ And SenSe 12351 59~h St N Royal Palm Bch, FL 33411 SHIP TO PAGE 1 OF 1 "* ON ACCOUNT CHA~ ~' lIEF. NO. eALE~I~II~Oll PAIrl~ Ble(I. IIIt.~UR$ ~ ¢OBI[ IN#T NO. 6 6 3:175856 GASKET,HAND HOUE CECO 7.06 42_36 2 2 317710~ ~,RLTER HEAD CE(X) 9.72 19.44 WE CARRY NI~.~ON ~ ~ UPS CHARGE: 3J2 SUB TOTN.: · I'ATE TAXES: Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 56111 Street Tampa, FL 33610 (813) 623-3330 SOLD TO 12351 5gth St N Royal Palm Bch, FL 33411 ~HIP TO 070-.1~709 Rm111t t~ P.O. Box ~, Tlm~ Advanm Generator Sales 123~1 591h St N Royal Palm Bch, FL 33411 PAGE 1 OF 1 · *' ON ACCOUNT CHARGE '" 272.10 SUB TOTAL~ COUNTY 8URTA~ STATE TAXE~: THIS INVOICE FOR ENGINE~ PART~, COMPONENTS, REPAIR AND/OR SERVICE 8U~IEGT TO THE TERM8 AND ~ OF SALE 8ET FORTH ON THE BAGK OF THIS INVOICE, WHIGH INCLUDES UkaTAllONS ON WARRANTIES AND AND FULLY UNDERSlO(X3. Cummins Southeastern Power, Inc. CentraJ Parts Dtst Ctr 6606 N 56th Street Tampa, FL 33610 (813) 623-3330 070-21845 Retail to: P.O. Box !~K~53, Taml~ Advance Generator Sak~ And Servk:e 12351 59th St N Royal Palm 13~h, FL 33411 SHIP Ao~ance G~ ~ 12351 591h St N Royal Palm Bch, FL 33411 PAGE 1 Of: 1 *** ON ACXX)UNT CHAROE .. ;~TOMIIII ~1~1 NO. EQUIPMENT MAKE I~1~. NO. SALE81~I~IIO# P,~lltll ElF. IlLIA6fJflOUItl FUIg eOl~ Mi#T NO. I 1 3019150 31.82 31.82 10.00 41.82 2~1 Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 56th Street Tampa, FL 33610 (813) 623-3330 SOLD TO Advance Generator Sales And Service 12351 59th St N Royal Palm Bch, FL 33411 Ten'ns: This involce is due no later lhan 30 days from date of Invoice. A service charge o~ 1 1/'Z% per month o~ fraction thereof (18% annueJ rate) MI be added to delkxluent accounts. This SHIP TO Advance Generator Sales -12351 59th St N Royal Palm Bch, FL 33411 070-23034 Remit to: P.O. Box 550953, Tampa, PAGE 1 OF 1 **' ON ACCOUNT CHARGE "' OATE CUSTOMER ORDER NO. DATE IN IERVlCE ENGINE MODEL PUMP NO. EQUIPMENT MAKE CUSTOMER NO. IflllI VIA FAiL DATE ENGINE SERIAL NO. CPi. NO. EQUIPMENT MODEL 1086480 UPS GROUND PPD AN REF, NO. SALESPERSON PARTS OlIP. MILEAGE/HOURS PUMP CODE UNIT NO. OE-100-439616 76602/70212 ...... 2 2 205269 RING,RETAINING CECO THESE WERE MISSING FROM A PISTON KIT 2 2 3032633 - SCREW,TWELVE POINT CAP CECO 25.60 I I 3043910P, X ROO,CONN KT/KTA38/KTAS0 DRC 494.06 1 I 30439100 CORE CONNECTING ROO,KV NE Ct.EAN 92.71 WE CARRY NELSON EXHAU,.%~ PFIOOUCTS 51.2~ Ul~ CHARGE: SUB TOTAL: 3.40 54.~0 THIS INVOICE FOR ENGINES, PARTS, COMPONENTS, REPAIR AND/OR SERVICE IS SUBJECT TO THE TERMS AND CONDITIONS OF SAJ. E SET FORTH ON THE BACK OF THIS INVOICE, WHICH INCLUDES MMITATIONS ON WARRANTIES AND REMEDIES. PURCHASER ACKNOWl.EDGES THAT SUCH TERMS AND CONDITIONS HAVE BEEN READ AND FULLY UNDERSTOOD. TOTAL AMOUNT: US $ Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 561h Street Tampa, FL 33610 (813) 623-3330 Terms: This In~ce is due no later than 30 days fi'om date of irwoice. A servtce charge of 1 1/2% per monlh or fraction thereof (18% annual rate) will be added to dalinquent accounts. This se~Ice charge is not intended to imply that it is an alternative to 070-23327 I:lemlt to: P.O. Box 550953, Taml3a, FL 33655~g63 SOLO TO Advance Generator Sales And Service 12351 59th St N Royal Palm Bch, FL 33411 SHIP TO Advance Generator Sales 12351 59th St N Royal Palm Bch, FL 33411 PAGE 1 OF 1 · . ON ACCOUNT CHARGE DATE C:~JiYGMEN OR~EK NO. DATE IN wsk~l~E ENQINE MODEL PUMP NO. EQUIPMENT MAKE 06-5EP-2002 750 C;~&lGGi~ NO. SHIP VIA FAIL DATE EM~INE EERSAL NO. CPL NO. EQUIPMENT MOGEL 1086480 UPS GROUND PPD AN REF. MQ. IALEi~.~,EON PARTE INU. MILEAMF. JHOUN$ PUNP ¢OBE UNIT NO. OE-100-439927 73937/79390 4 4 3375098 PIN,GUIDE CECO 67.66 WE CARRY NELSON EXHAUST PFIOOUCTS 270.64 UPS CHARGE: 3.30 SUB TOTAL: 273.94 I'HIS INVOICE FOR ENGINES, PARTS, COMPONENTS, REPAIR AND/OR SERVtCE IS SUBJECT TO THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE BACK OF THIS INVOICE, WHICH INCLUDES UMITATIONS ON WARRANTIES AND REMEDIES. PURCHASER ACKNOWLEDGES THAT SUCH TERMS AND CONDITIONS HAVE BEEN READ AND FULLY UNDERSTOOD. TOTAL AMOUNT: US $ 273.94 Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 561h Street Tampa, FL 33610 (813) 623-~ Rem#to: P.O. Box 6~.% Timp~, Advance Generator Sales And Serv~m 12351 5gth St N Royal Palm Bch, FL 33411 ~HIP TO Advance ~ ~ 12351 59th St N RoyaJ Palm Bch, FL 33411 PAGE 1 OF 1 · ** ON ACCOUNT CHARGE 10M480 UP~GROUNDPPDAN OE-lOO-4~g~16 7eeo2/74el e I I 3043910RX 1 I 30439100 INVOICE FOR REGON SHIP DIRECT REF CDC Po~g1221 Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 56th Street Tampa, FL 33610 (S~ 3) S23-~330 SOLD TO Advance Generator Sales And~ 12351 59th St N Royal Palm Bch, FL 33411 maP TQ P4m~ b¢ P,O. B~x ~ T~mp~ Advance Generator Sales 12351 591h St N Royal Palm Bch, FL 33411 PAGE I OF 1 .. ON ACCOUNT CHARGE iqJelp NO. EmJIPlI~fT BAKE 12-SGP-G~ 1088480 UPS GROUND PPD AN I~. NO. =a.~ I I 30473~) ~18 INVOICE FOR ENGINES, PARTS, COMPONENTS, REPAIR AND/OR SERVICE I$ .~U~JECT TO THE TEflld8 AND CONDITION8 OF 8ALE SET FORTH ON THE BACK OF TH18 INVOICE, WHICH INCI.iJOE8 MMITATION8 ON WARRANTIES AND REMEDIES. AND FULLY UNDERSTO00. TOT4t. AM~JI~I': U~ $ Cummins Southeastem Power, Inc. Central Parts Dist Cfr 6606 N 56lh Street Tampa, FL 33610 SOL~ TO Advance Generator Sales And Se~k~e 12351 59th St N Royal Palm Bch, FL 33411 SHIP TO Advance Generator Sales 12351 '5'9th'S~ N Royal Palm B(~i, FL 33411 '' ON ACCOUNT CHARGE 108848O UPS GROUND PPO AN IEF. NO. IALIIPIIIOll I~,~ ¢~, ~. IILrs,~,~,,~.~lll ;~ ;~ ~ NO. 2 2 3O4739O WE CARRY NELSON EXHAUST PROOUG~8 PURCHASER A(3<NOWt. EDGES THAT SUCH TERMS AND CONDfTtON~ ~ ~ ~ AND FULLY UNDEflSTOOD. Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 56th Street Tampa, FL 33610 (813) 623-3330 SOLD Advance Generator Sales And Service 12351 59th St N Royal Palm Bch, FL 33411 SHIP TO Advance Generator Sales 12351 59th St N RoyaJ Palm Bch, FL 33411 PAGE I .~OF 1 '" O~ ACCOUNT CHARGE *** Cf~,TGMER NO. EHIP VIA FAIL GATE ~ ItEIUAL NO. CPL NO. EQUIlIMIIT MODEL 1O96480 UI:~ GROUND PPD AN ' It~. MO. ~eii I~ ~.. - ..... ~ ~Ol~ ~ OE-I(X)-444~e 73037/T'(~12 ............. · 2 2 21M709 TtJBE.WATER TRANSFER CECO 35.29 WE ~ NEI.SON EXHAUST ~ Cummins Southeastern Power, Inc. Central Paris Dtst Ctr 6606 N 56~ Street Tampa, FL 33610 (813) 623-3330 SOLD TO Advance Generator Sales 12351 59111 St N Royal Palm Bch, FL 33411 SHIP TO O70-28842 Pamlt t¢x P.O. Box ~ Tamp~ AiJvance Generator Sales 12351 591h SiN Royal Palm Bch, FL 33411 PAGE 1 OF 1 "* ON ACCOUNT CHARGE BAI'~ Ct/~lll~[ OIIBER NO. DATE IN ~ERVI~E ININNE MO~ PU~ ~ ~WMENT 1~ U~ G~ ~ ~ REF. NO. ~ll~l~ F~ ~P. ~L~I~II PUMP ONE UNIT ~1~13 ~1~ 12 12 3015067 SEAL, O RING CECO 1.06 12.72 WE CARRY NFI_~ I~XHAUS'r PFKXXJCTS ~ CHARGE: 3.23 SUB TOT, N.: 15.95 THIS INVOICE FOR ENGINE~, PARTS, (X)MPONENTS, REPAIR ANOK)R SERVICE SUBJECT TO THE TERMS AND CONDfTI(08 OF SALE 8ET FGRTH ON THE BACK OF THIS INVOICE, WHICH INCt.I.IDF~ UldlTATION8 ON WARRANTIES AND REMEDIES. 1S.96 Southeastern Power, Inc. Central Pmta Dtst Ctr 6606 N 56th Street Tampa, FL 33610 (813) 623-3330 ,SOLD TO Advance Generator Sales And Service 12351 59th St N Royal Palm Bch, FL 33411 SHIP TO 070~.~185 Advance Generator Sales 12351 5901 St N Royal Palm Bch, FL 33411 PAGE I OF 1 "' ON ACCOUNT CHARGE '" NO. EQUII~MEMT MAKE CUSTOMER NO. SHIII~ VIA 1O86480 UPS GROUND PPD AN EN~tNE SEll,Al. C:I~. MO. EQ4,111~MENT MGOI~L BLqr. NO. ~ PAITS II~. OE~100-446791 '/'~378/794~8 ' PUMI~ C~lr UNIT #O. I I 206455 1 I 3008494 GA,.~KET.WATER F~MP CC-CO ADAPTER,O RING CECO ' WE CARRY NI=I R;ON EXHAIJST P~ THIS INVOICE FOR ENGINES, PARTS, COMIN3NENTS, REPAIR AND/OR SERVICE IS SUBJECT TO THE TEf148 AND CONDITI(OS OF 8JU. E 8ET FOflTH ON THE BACt< OF TH~ PURCHASER ACKNOWLEDGES THAT SUCH TEF:IM8 AND CONOtTIONS HAVE BEEN READ AND FULLY UNDERSTOOD. ---C mmins Southeastern Power, Inc. Central Parts Dist Ctr 6G06 N 56th b'~eet Tampa, FL 33610 (813) 623-3330 invoice. A ~ char~ of 1 1/2% per mo~th or fraction tr~reof (18% &nrrdal rate) will be ad(led to delinClUe~t account~. This service c~u~e is not ~ended to Irate/Ihat R is an alternative to SOLO TO Advance Geflerator Sales And Service 12351 59th St N Royal Palm Bch, FL 33411 Advance Generator Sales 12351 59m St N RoyaJ Palm Bch, FL 33411 PAGE 1 OF 1 -* ON ACC(X~NT CHARGE DATE CUSTOMER ORDER MO. OATE IN SERVICE EN41NE MOINEL PUMP NO. EQUIPMENT MAKE CMST~MER NO. ~P ~A F~ ~ ~ ~ NO. CPL NO. EQUIP~T M~EL 1~ ~ ~T P ~-1~1~ ~~ 2 2 ~ ~ CC--CO 2,196.87 4,3~3.74 BACKORDER FROM 425433 AS PER BILLIE DON BACKORDER 1SKID 1~0# SUB TOTAL: 4,383.74 INVOICE, WHICH INCLUDES UMITATK:X~ ON WARRANTIES AND REMEDIES. PURCHA,~ER ACKNOWLEDGES THAT ~dJCH TERMS AND CONDITION~ HAVE BEEN READ AND FULLY UNDERSTOOO. RECEIVED BY X Cummins Southeastern Power, Inc. Ten~: TI~ invo~ il clue no later than 30 days from dale o~ involce. A ~~ ~ 1 1/2% per monlh o~ frac~n ~ (18% annual rate) w#l be added to detinque~ accounts. This aendoe chaege ia not intended to imply ~ it is an altemalive to Central Parts Dist Ctr 6606 N 561h Street Tampa, FL 33610 (813) 623-3330 · Advance Generator Sales And Service 12351 59th St N Royal Palm Bch, FL 33411 ~;HIP TO p Advance Generator Sales 12~1 59th St N Royal Palm Bch, FL 33411 P.O. Box S50g~3, Taml:~ FL~ PAGE I OF 1 '*' ON ACCOUNT CHARGE BATE CUSTOIIF~ ORDER NO. BATE III ~";~,E --'~;;;;; MODEL PUIIP NO. EQUi~aF. IIT u._~_~._~ CUIIOIIER NO. $1#P VIA FAIL GATE EN.~..u__la IEIIAL NO. CE NO. lG~,,~k~i :~'~'---'~rl !___n86480 UPS GROUNO PPD AN OE-100-4451g8 73~37~ 1 t~"/' 3175~17 GASKET, FLANGE CECO 1.16 1.16 1 "~ 3OlO~21 CONNECTK3~,WA~ ~R ~ ~.~ 2 ~ 3~ ~WA~ ~ ~ ~-~ 2 ~2 ~1~1 ~WA~~ ~ 11~ 4 ~ 3~ 7~ ~~~A~ CE~ ~.S2 2 ~ ~1~ ~WA~ ~ ~ 1~ 4 / ~ S~2 ~,~H~D~P ~ -~ ~ WE C~RY N~ ~T P~S THIS INVOICE FOR ENGINES, PAFI'I'~, ~, REPAIR ANO/OR SERVICE IS ~L~JEOT TO THE TERM8 ANO CONOI11ON~ OF 8ALE. ~=T ~ ON THE ~Id:~ ~ ~ INVOOE, WHIO4 INCLUDES UMITAI'K3N~ ON W~ AND ~. PUFtCHA8ER ACKNOWLEDGES THAT 8U(~I TEFIM8 AI~ COHDITI(06 HAVE BEEN READ ANO FULLY UNDERSTOC~. TOT,M. AMOUNT: US $ Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 56th ~t Tampa, FL 33610 (813) 623-3330 O7O-28656 PamtR lo: P.O. BOX 550953, Tampa, ,~OLD TO · Advance Generator Sales And Service 12351 59th St N Royal Palm Bch, FL 33411 SHIP TO Advance Generator Sales 12351 59th St N Royal Palm Bch, FL 33411 PAGE 1 OF 1 · - ON ACCOUNT CHARGE OATE C:U~TOII&~ ORIER NO. DATE IN ~EElflEE ~ 11004L PUlP NO. E~HJIPMENT MAKE CUSTOMER NO. ~ VIA FAI~ DATE ENGINE SERiAL IIO. CPL N~. EClUtPMk14T lIOnEL 1086480 UPS GROUND PPD AN let. NO. SALEII~ERSON PART~ ill;l~. IIIL~AGER4OUR~ ~i~ii~ EOEE UNIT NO, OE-100~!5198 73937/78527 I I 3010121 CONNECTION,WATER TRANSFER CECO lg8.62 198.62 2 2 3175267 TUBE,WATER TRANSFER CECO 34.12 68.24 2 2 3019621 CONNECTION,WATER INLET CECO 110.70 221.4' 8 8 3003016 SEAL,O RING CECO 3.82 30.5~ 4 4 3175528 CONNL=CI~NiADAPTER CE(Z) 94.62 378.48 2 2 3019620 ~,WATER OUTLET CE(~ 155.38 310.76 2 2 3175543 TUBE,WATER TRANSFER CECO 30.60 61.20 WE CARRY NELSON EXHAUST PRODUCTS INV. PARTS SHIPPED THIS INVOICE FOR ENGINES, PARTS, COMPONENTS, REPAIR ANDK)R SERVICE IS SU~ECT TO THE t'r..t.~lS AND ~ OF ~M..E SET FORTH ON THE BACK OF THIS INVOICE, WHICH INCLUDES UMITATIONS ON WARRANTIES AND REMEDIES. PURCHASER ACKNOWLEDOF~ THAT SUCH TERM8 AN~ CONDITIONS HAVE BEEN READ TOTAl. AMOUNT: US $ Cummins Southeastern Power, Inc. Central Parts Dist Ctr 6606 N 56th Street Tampa, FL 33610 (Sl ) 6 -33 0 sewice charge is not intended to imply that it is an alternative to payment when due. 070-29720 Rem# to: P.O. Box 5E0~3, Tamp~ ~OLD TO .Advance Generator Sales And Sewk:e 12351 59th St N Royal Palm Bch, FL 33411 ~HIP TO Advance Generator Sales 12351 59th St N Royal Palm Bch, FL 33411 PAGE 1 OF 1 '" ON ACCOUNT CHARGE '" CUSTOMER NO. C#lP VIA FAIL DATE i~i ~ ~. C;Iq. K. EQ~K.~ iO;~ RIF. NO. S~PER~N P~TS 01~. ~L~O~ P~ CODE UNIT NO, ~1~1 -. ~12 .............. 12 12 3007441 SEAL, O RING CECO .98 11.76 WE CARRY NELSON EXHAUST PRODUCTS ,HIS INVOICE FOR ENGINES, PART~, COMPCiNENTS, REPAIR ANI:)a:)R 8EI:NI<~ 1,8 ~LIBJECT TO THE TERMS AND CC)NDI~S OF SALE SET FORTH ON THE BACK OF THIS INVOICE, WHICH INCLUDES UMITATION~ ON WARRANTIES AND REMEDIES. PURCHA~ ACKNOWLEDGES THAT SUCH TERMS AND CONDITIONS HAVE BEEN READ AND FULLY UND~OOO. TOTAL AMOUNT: US $ 14.9~ ti~ lg- Air Illllll [)pllllfl - ;altXql Itl , -'V,' Mo~ 1(38 ettgir~ rated at 675 kW (900 HP) and lower age not ~. Ail K38 engines rated 675 kW (900 HP) Revised attefcool~ elemer~ and plumbing warn ~ for eH KTTA.38, E.S.N. 33112164, and KTTAS0, E.$.N. 33112203, engine~ in April, 1987. All ofiginll KTTA altefcooler I~g wan replaced. LTA Is used on KTAS0-G3, ~, KTTAE0-Q~ K2(X)0E, Kla00E and K1500E engine~ and utilizes a standmd flow An AiReeem:he ~ 2 .lteamder elem~lt ~ Phase I elamems in Sel~mlber, 1987, F_S.N. 33112790. A ~ phaaml 3 ~ ~ ~ t~ iShame 2 ~ ~ ~~, 1908, oft C1800 engines from E,8.N. 33114675 and on all other mtgirme from ES.N, 33114695. A Modirm· MoM element rlplm:md the oopper Moment on K2000E and K1800E engines in January, 1992, E.S.N. 33121129 and on a~l alt'mr anginal in M~. 1903, E.S.N. 33124510. k~mm#(~:l m m pam:d~amgm a~tm perlmming a tlrollL Thi~ c~mge took I~m on m~girm~ fram Jm~u~w. 1992, E.S.N.' 33121129." A reviamd convoluted hump hose, with two eteinlems steel tinge around the cimumfemnce of the hoe, e, wos rel~ ~ ~ from July, 1994, E.5,N. 33'128112. "i~ 25.4 mm [1.000 itoh] I~ The ~ flange off ~m (drier i;Im~ is 13 rnm [0.5 inch] thick. The new Plata ~ [3/8 - 16 x P.250 in,hi (mlmtxmm w#h Io~k widw~ and Iii widmm to ntlnch the Ptnte to the adtmxmoler hot~. Tim ninnla ~n the ¢ddar element, is 31,8 mm . elemef~ mu~t be replaced, the aftarc_~_'_~ __~--g_m' inlet and ~ conr~e~ls ~ be chan,:%~4._~ ~ to allow fo~ the lone]er len...qth. An adapter co ,nr, ection - ~P--.~ (oo'1.o43) -- Pi~ 1.1o4 13.5:1 Campmeaion Ratio: Piston Part Number:. ~ 3036072' 3178360' ,3q]I)'/O5,'3096683' ~ YES NO NO NO NO 3~L__ _'*~072' NO YES YES YES YF~ ,, 3178-__360_ * NO YES YE~ YD_.,~ YES 3070705' NO YES ¥E$ YES YES 30l:~'~' NO YES ~h=u YES YES 13.8:1 Compression Ratio: Pi_.,~__ Part Number. 3024594' ~_'~__462' 303~97' 3178357' 3070708' 3096680' .'mP4594 * YES YES NO YES YES YES 3032462 * YES YES NO YES YE8 YES ~'~__'Y~I_ 97' NO NO YE8 YES YES YES 31 _7~23-_5'/'* 'YES Y~.$ YES YES YV.~ YES.. 30707~* YES YES YES YES YES Y~.$ ~ - YES ¥~$ YES Yes YES YES 13.9:1 C, mn~ Ratio: P.*_,~m_. Part N .umb~__.. 3177590' 31 _7899__7'306,5,3,39' 3070703' 3096685' 31775~___' YES YES YE,~ YES ~'~-~ ... 3178997* YES YES YES YES 30~_~_~_* YE8 YES YE8 YE8 3o7m~- YES YES YES YES ~* YES YES YES, YES P .... -i I-~-~ Number: ~'_40 ~_'~4_73~ ~24 30__'~t~'3__ ' 317J~rm* -__.'~71~06' 3096682' 206740 YES Yt:= NO NO NO NO NO ~_'3004_ 730 YE8 Y~.$ YE8 ¥56 '~'ES YES YES ~__~24 NO YES ¥E6 NO NO NO NO ~__'JO36PT__ 3' NO YES NO YES YES YES 317,-'q~r~J* NO YES NO YES ~rF..~ YES P!._~o__rt Part Number: 20~__'~_ 3007750 3026270 3036074' 3178358' 3070707* 3096681' ~ YES NO NO YES ¥'E~, YES YES 3007750 NO YE8 YES NO NO NO NO ~ NO ¥~$ YES NO NO NO NO .'~n.'~en74- YES NO NO Y~-S YES ¥1=,~ YES 31 _Tl~L__r-,8_' YE8 NO NO YES YES YES YES 3070707' YES NO NO YE6 ¥F.$ Yt:~ ~ ' YE8 NO NO YES ¥~-~ YES 15.7:1 Compreeeion Ratio: ~ Pad Number: -__.'~Jr~J~04* .,:vladm~- YES YES 'K Premium PIston Information Piston (001-043) n is available as a kit only. A kit contains the piston, the piston pin, and two retaining dngs. ; styles ~ piston have been released for the K38 and KS0 series engine from the original standard piston through ::)ffsat pin piston now being used in production, Listed below i8 a history of the pistons used and the varying" S: tndardized K premium pist=~ (L12) casting wa~ releaasd in July 1988. The differenm~ 13et~een this casting and tier (L4) castings include: Raised piston ring grooves. The L12 pistons all have the same ring groove location. Dome anodizing. The area of the piston dome that is anodized was decreased. Graphite coating. A graphite coating was -dded to the skirts. This coating causes the skirts to be much darker MIN [2.3993 inch MINI to 60.952 MAX [2.3997 inch MAX]. The piston pin is a slip fit in the pin bore when the parts are tx:th at the earns temperature. It is not necessary to heat the pisto~s to install the pins. If the pins will not fit in the bom, check lot burrs or dings on the bors. Do not heat the piston if the pin will net enter the bore, ~r, 1989, new K premium (L15 or L13 +) pist~ were mteaesd. These Pistorm have all the featun~ °~ the L12 3 caslings pkm material added tD the inakle of the skin to mev"~ cracldng- 3~81064 (refer to '13able I). Use cy No. 3050491, and Part No. 3068171, ONLY on tho~e CPL Noe. li~ed mn Table · hea~~eanm~l~.~'--~' '""~ .' '~"."'~--- _ ..... .~.~ kL,,~ ..~,,,im n rd:)uilt ~ ~, u,,u ,.,, .......... ~li~er ~d ~ng, ~ff No. ~l~, -,~ "" ~ ~lin~t head ~embly, ~ No. 3~1~, ~r prime ~ ~d b~ io~ ~n~r drip. ~ ~ ~, ~ ~. ~11~, ~ ~ ~ ~r dri~ only. 3OO72O7 1972-1976 2O5010 1976 205015 1976 ~g 1~1~ ~ ~1~ l~P~t NIA C~-1251 ~G3 P~I~ CPL-I~I ~ CPL-1495 ~~ PPI~ ~ P~l~ ~-1~ ~ PPI~7 CPL-I~7 ~ C~-1~ ~ CPL-I~g ~ ~ CPL-15~ ~~ ~ ~24 CPL-12~ ~G2 ~ P~192 ~L-I~ ~ PREMIUM No. I ' 3072438 3811986 3627612 3811ge6 PREMIUM No. 2 IMPROVED STANDARD 3O81071 3O74623 3081072 3oea4o2 3oe84o4 30i!0113 3081073 3177529 3O81074 3628226 3081075 381199O Cylinder head castings, Part No. 3050491, 3068171 and 3081064, can be identified by the ca~t4n part number divider wall in the exhaust port. The divider wall separate~ the gase~ from bo~h exhaust valve~. XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote, recommended that the subject request be approved on First Reading. For farther details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-162. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: THE HARBORS (LUAR 02-005) Jennifer Morton of Land Design South Schgal, Inc. 2300 North Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR). Proposed use: development of 51 fee-simple townhouses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: /~A/ '-N/A Developm_~ l~p ~tYn'[h'f ~Sir e c t'o r Plannin~ and Zoning I~ire~tor City Manager's Signature City Attorney / Finance / Human Resources J:\SHRDATAXPlanningXSHARED\WP~PROJECTS\The HarborsXLUAR 02-005XAgenda Item Request The Harbors LUAR 02-005 Amend 2nd reading 11- 19-02.dot S:\BULLETINhCORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- OSq AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED at 2300 NORTH FEDERAL HIGHWAY; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSWE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL (LRC) TO SPECIAL HIGH DENSITY RESDENTIAL (SHDR); PROVDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. ? WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as pan of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the ~est interest of the inhabitants of said City to amend the aforesaid Element of the ~rehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as SHDR (Special High Density Residential). Said land is more panicularly described as follows: Lot 6, and the West 326.01 feet of the South 67.29 feet of Lot 5, and the South 1.50 feet of the North 70 feet of the West 245.39 feet of Lot 5, of SAM BROWN JR.S' HYPOLUXO SUq3DWISION as recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida. Less and Excepting therefrom: a. The West 94 feet thereof. ~: \CA\Ordinanc~$\~lanning\hand U~\~and U~ - Th~ H&r~or~.doc b. Those portions as conveyed to the State of Florida for fight of way purposes in that Special Warranty Deed recorded in Official Records Book 654, Page 167 and Official Records Book 701, Page 654. Said land lying and being in the City of Boynton Beach, Palm Beach County, Florida, containing 139,778 square feet, 3.2089 acres, more or less/ (PCN 08-43-45-15-03-000-0051 ) Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this (o day of [qow, m~e,r ,2002. SECOND, FINAL READING and PASSAGE this __ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner Commissioner City Clerk (Corporate Seal) $: \CA\Ordinances\Planning\Land Use\Land Use - The Harbors.doc DE'v~ELOPMENT DEPARTbIENT PLA:Nb'lNG & ZO~'ING DIVISION MEbIOR.42VDUM NO. PZ 02-162 REVISED TO: FROM: Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf Director of Plartning and Zoning DATE: October 3, 2002 Project/Applicant: PRO.FECT DESCRIPTION The Harbors/Centex Homes Agent: Jennifer Morton of Land Desig'n South Owner: SCHGAI, Inc. Location: 2300 N. Federal High~vay (Caf~ La Notre) File No: Land Use Amendment/Rezoning (LUAR 02-005) Property Description: Developed property consisting of +3.21 acres, classified Local Retail Commercial (LKC) and zoned C-3 Community Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHD-20 du/ac), and rezone from C- 3 Community Commercial to Infill Planned Unit Development (IPLrD) in order to redevelop with 51 fee-simple tow-nhouses. Adjacent Land Uses and Zoning: North: To the northeast, developed (Las Palmas) single family homes classified Low Density Residential [EDR - 4.84 du/ac) and zoned R-l-AA Single Family Residential and to the northwest, developed commercial land (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Vacant land, currently being developed as the City's Intracoastal Park, desig-nated Recreational (R) and zoned REC Recreation. East: Intracoastal Watenvay ~Vest: Kights-of-~vay of Federal Highway and the Florida East Coast Railroad, then developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Page 2 File Number: LUAR 02-005 The Harbors PROJECT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than I0 acres in size. If the amendment involves a residential land use, the density must be i0 dwelling units or less per acre. An exception to the density limitation is permitted if the property, is in an area desig-nated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. Even though the requested density for the site is greater than I0 du/ac, the parcel is less than I0 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The subject property contains _+3.21 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to for~varding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part cfa staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed land use amendtnent/rezoning would be consistent with applicable comprehensive plan policies inchMing but not limited to, a prohibition against any increase in dwelling unit density ~rceeding 50 in the hurricane evacuation zone without written approval of the Pahn Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category 1 (Saffn'/Simpson Scale) hurricane. Under its present land use designation and zoning category, the property could be redeveloped for residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant has amended the original request to an increase of 17 units and therefore falls below the density requiring risk management review; however, staff would recommend that the developer apprise each homebuyer in the development of the fact ihat they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density Residential land use classification, limits the use of the designation to the Coastal Area of the city and states that the maxirfium gr6ss density is t~venty (20) d~velling units per acre. Policy 1.13.3 states, "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element." The adoption of the I. nfill Planned Unit Development ('[PUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: Page 3 File Number: LUAR 02-005 The Harbors "It is a basic public expectation that landowners requesting the use of the [PUD district will develop design standards that e.r. ceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of varia,ce or exception to basic design standards, including but not limited to reqttirements for parking spaces, parking lot and circulation design, and setbac 'l'l'lcs, will be dependent on how well the above stated pla~,ning expectations are e:cpressed in the proposed development plan." While both the land use amendment and rezoning are consistent with policies contained in the Future Land Use Element of' the Comprehensive Plan, the master/site plan for the proposed development, which must be adopted simultaneously ~vith the zoning desig'nation, lacks minimum design attributes necessary for consistency with the cited requirements of' the WUD regulations. These are cited below: 1. Failure to' consider the loeational advantages of the site. While the site has constraints because of its narrow svidth and extreme depth, it has Intracoastal Waterway frontage and overlooks the site of the City's new Intracoastal Park. In the revised site plan (Exhibit B), the units facing the l. ntracoastal Waterway form a wall that almost totally cuts off visual access of both the waterway and the recreation site for any residents of the other units. The six-units fronting on Las Palmas have fi'ont entrances facing unadorned six-foot high walls. The second floor balconies provided on these units have views of the gas station and carwash across Las Palmas. The removal of one oft. he four-unit buildings has allowed the "paseos" or front entrance areas of the remaining 10 four-unit buildings to be increased from 25 feet to 32 and 33 feet. Urff'ortunately, this increase in width is not sufficient to allow the use of shade trees to vary the landscape materials; however, the use of more mature planting materials could create a better environment. The rear windows of these units now look out across 29 feet of driveway to the rear windows of adjacent buildings. Architee~u're. The applicant has justified the number of units on the site as being necessary because of the price of the property, yet the proposed plans provide very mundane units that are more suited for a traditional downtown setting of small blocks divided by alleys. It is important to encourage a range of housing opportunities throughout the City; however, in this location, quality would be preferable to quantity. Each of the buildings between the Intracoastal Waterway and Federal Highway is lined up and spaced almost equidistance apart. The additions of"bump outs" on the ends of the buildings will add some interest and relieve some of the plainness of the structures. Granted, there is no established architectural "character" in the area; however, elements of a Spanish Mediterranean style have been successfully used on the new Manatee Bay project and the past renovations to the Benvenuto's Restaurant, as well as the townhouse project to be reviewed later on this agenda. This same style could be used here to provide a development that Page 4 File Number: LUAR 02-005 The Harbors would be a signal for the gateway area. causes it to stand out in the memory. Nothing distih}uishes this project or Lack of residents' amenities. The proposed plan provides no private outdoor space for residents. The only amenities provided are a pool and "tiki" bar/cabana located adjacent to the boat docking areas at the Intracoastal. There is no mention of how, or even whether, the docks will be available for residents' use or how they will access this facility if it is to be used by them. If it is not to be a part of the development, there is no indication of how non- resident users will be provided with landside access. The pool area is approximately 900 feet from the units on the west end of the property. The applicant proposes a four-foot wide sidewalk leading through the development to allow pedestrian access to the facility. No benches, shade trees or other pedestrian amenities are proposed. Five of the 12 guest parking spaces are earmarked for the recreation area, though no spaces are designated for handicap use. The closest parking is 190 feet from the pool edge; the farthest is 360 feet away. The remaining guest parking spaces will provide only a little more than one guest space for each ten units. 4. Landscaping. The proposed landscape plan provides little more than the minimum required of any development. Along the south and a portion of the north property lines, an existing five-foot high ficus hedge will soften the appearance of the enclosing wall for the homeowners. In areas where a new wall is to be built, the only softening elements will be outside the wall. In the driveway areas between buildings, the only softening element is a single Geiger tree between each pair of garage doors. The paseos fare somewhat better, however, the plantings cannot be called "lush". The "Site Data" table included with the site plan shows a pervious area of 29%. (The standards for Mixed Use-Low Intensity require a 30% minimum pervious area with a density of 40 du/ac.) This is an improvement over the existing site development; however, the property is currently a night club/restaurant and ancillary parking lot, not a residential nei*~hborhood. b. Whether the ~roposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby d~tHcts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. In this portion of the Federal Highway Corridor, there are a number of properties de§i~nated High Density Residential, interspersed with city owned lands designated for Recreational use. The requested amendment would not create an isolated or unrelated district. Rather, it is the existing Local Retail Commercial designation extending to the Intracoastal Waterway that forms an isolated and unrelated district. c. Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. Page 5 File Number: LUAR 02-005 The Harbors A number of changed and changing conditions make the proposed lanai 'use amendment and rezoning desirable. The Federal Highway Corridor Commzmity Redevelopment Plan, adopted by the City Commission on May 15, 2001, included the following strateg7 to pro,Adc a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown and general economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development ([PUD) zoning district to allow a ~eater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the [PUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The IPUD zoning d/strict regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels. In addition, the South Florida housing market is experiencing a grooving popularity of townhouse developments as a residential unit of choice, particularly in urban areas. It is difficult, however, to accept this master/site plan as proposed, which exploits the leniency of the [PUD regulations as one of the first, and most visible projects in the northern "gateway" to the City. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilitigs. Comparisons of water and sewer demands, provided by the applicant have not been revised to reflect the amended site plan. The original calculations show that the proposed use of the property will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease svastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation statement, that accompanied the application, states that the vested uses on the site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the Solid Waste Authority has stated in a letter dated December 18,2001, that adequate capacity exists to accommodate the coamy's municipalities throughout the 10-year planning period. Lastly, drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. The proposed land use amendment/rezoning is compatible with the current and future use of adjacent properties. It is the existing use of the property and the an-ay of commercial uses that could be placed on the site if it were redeveloped under the Local Retail Commercial designation, that create incompatibilities. f Whether the property is physically and economically developable under the existing zoning. Page 6 File Number: LUAR 02-005 The Harbors The property was developed as a restaurant many years ago, and recen'tfy applied for a conditional use permit to operate as a nightclub. It could be redeveloped with a varie .ty of' commercial uses permitted under the existing Local Retail Commercial land use and Communi~ Commercial C-3 zoning. g. Whether the proposed land use amendment/rezoning ia' of a scale which is reasonably related to the needs of the neighborhood and the ciO, as a whole. With proper development, the site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites elsewhere in the ci~for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that prov/de opportunities for small to medium-sized infill developments. CONCLUSIONS/RE COM3,IE N'DATIONS As indicated herein, the requested land use amendment and rezoning are consistent ~vith the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. However, the proposed project remains with design deficiencies and falls short of meeting the intent of the new zoning regulations. The proposed master/site plan provides less than the basic amenities, mediocre building architecture, minimal landscaping and seeks only to crowd the site with more dwelling units than the site planner is capable of placing on the site in a reasonable design. Therefore, staff recommends that this request be approved, subject to the project enhancements as described in this staff analysis. Suer enhancements should include, but are not limited to the following: 1. Integrate architectural elements to enhance the overall character of the development; 2. Change the orientation of the easternmost building to increase the visual and physical access to the recreation area; 3. Improve the aesthetic quality of the paseos and provide amenities that the project lacks; 4. Enhance the wall surrounding the project and provide additional landscaping to enhance the views and areas opposite less aesthetic adjacent uses, and improved the quality of interior living areas; 5. Provide additional parking spaces to prevent congestion and decline in the t3r6ject quality. A complete list of specific comments for the site plan, which, on adoption, will become the master plan for the WU'D, are attached as Exhibit "C". Staff acknowledges that the narrow shape of the site poses limitations, but notes that the site attributes outweigh the negatives. The proposed project is limited to one unit type, which may not be the best choice to compensate for site limitations and capitalize on its am-ibutes, which Page 7 File Number: LU.A.R 02-005 The Harbors may only be fully utilized with greater flexibility in unit type and the .5, ddition or' architectural. landscape, and other enhancements. Should the Community Redevelopment Agency Board and the City Commission recommend or adopt additional conditions of approval, said conditions will be included as Exhibit "C". ATTACHiV[ENTS \\Ch\MAi%,,Shtda~a\plannin$~Sha~¢d~Wp\PRO/ECT~T*ne Harb~r~,LUAR O_~.00~$TAFF REPORT R~ised.c~oc Location Map EXHIBIT "A" 3OO ~O0 w+. i, ~.1' Y(- ])'Id 'HOY:JG NOJ. N,kOG ..-lO X.I. IO SI:JOEl ~HI t EXHIBIT "C" Conditions of Approval Project name: The Harbors .. File number: NWSP 02-012 Reference: 3`5 review plans identified as a New Site Plan with a September 24. 2002 Plannin~ and Zoning, Department date stamp markinq. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. In accordance with Chapter 6, Article III, Sections 11, 12 14, and 16, X widen Las Palmas Park from Federal Highway (U.S. I) approximately 240 feet east (to the intersection of the roadway centerline with the extension of the subject parcel property line. Roadway configuration will consist of 3 lanes, of width as determined by the Director of Public Works (one eastbound lane, one dedicated left turn lane, and one westbound through lane), Type "lTM curb and gutter and two - four (4) foot wide sidewalks (one on each side of the roadway). 2. Reconfigure signalization at the intersection of Las Palmas Park and X Federal Highway to add a left turn arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6, Article 12II, Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. 3. Detail signing and s~ping as necessary (Chapter 6, Article 1II, Section X 16). 4. At the time of permitting, coordinate with the FDOT and Palm Beach X County Traffic for roadway and signalization improvements. UTILITIES Comments: None X FIRE .omments: 5. Design documents where underground water mains and hydrants are to X be provided, must demonstrate tha(they will be installed, completed, COA2 ! 0/09/02 DEPARTMENTS INCLUDE REJECT and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). 7. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 54.3. POLICE Comments: None X ENGINEERING DIVISION 8. A lighting plan including photometrics, pole wind loading, and pole X details in conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot--candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (LDR, Chapter 23, Article ri, Section A.l.a.) Add a note that the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article 11, Section A.l.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. 9. A plat shall be submitted with construction drawings for fee simple X housing. The plat must be recorded prior to the issuance of a building permit for the project. 10. A copy of the propos.ed POA. documents shall be submitted for review X and approval concurrent with the plat process. 1 I. Provide verification that the improvements within the submerged land X lease shall be transferable to the new owner. 12. At the time of permitting, indicate by note to what standard the project is X to be constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. COA2 10/09/02 3 DEPARTMENTS INCLUDE REJECT 13. An excavation and fill permit will be required for this development. X [4. Provide written and ~raphic scales on all sheets. X BUILDING DIVISION Comments: 15. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 16. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the alley right-o£-~,av or easement. 17. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of the wall material and the type of material that supports the wall, including the typical distance betweer supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 18. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: 19. Since it has been determined that there are 54 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by $771 per unit equals $41,634 (Chapter 1. Article V). 20. The fee is due prior'to the'issuance of the first applicable building X, permit. 21. Submit detailed irrigation plans for right-of-way landscape and irrigation X improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the fight- of-way. FORESTER/ENVIRONMENTALIST COA2 10/09/02 4 DEPARTMENTS INCLUDE REJECT Comments: 22. The applicant must identify and quantify the existing trees on the site as X shown on the survey sheet #I. 23. The landscape sheets should indicate the existing trees that wilt be X preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 24. Any of the existing hedge plants noted on the sheets that are not of X acceptable quality during the landscape inspections must be replaced throughout the site. 25. All trees noted on the plant list must be a minimum of 12 feet in height X and three (3) inches in diameter at time of planting. 26. The plan does not show the City "signature trees" required at the X ingress/egress sites. 27. The plan does not show the seven (7) foot wide landscape buffer strip X along the adjacent public right-of-way. Revise the list to include 50% native shrub material. 28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native X species requirement, the palms list does not meet this requirement. Revise the plan accordingly. 29. Sheet LP5 of 6: The. palms, shrubs, accents, and ground covers list does X not meet the 50% nati~'e species requirement. Revise the plan accordingly. 30. There is no irrigation system plan included or noted on the landscape X sheet. Provide an irrigation plan at the time of building permit submittal. .. PLANNING AND ZONING Comments: 31. Place a note on all the primary landscape pl.~n indicating that mulch X other than Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article Il, Section 5.C.8.). , 32. The site data on sheet "SP I of 2'.'- in..dicates that 110 parking spaces are X COA2 0/09/02 DEPARTMENTS INCLUDE REJECT required. Revise the data to indicate the correct number of required parking spaces (107). 33. The existing six (6) foot high wall, located along the north property line X shall be refurbished to match the color and style of the new wall. 34. On the landscape plan sheet labeled "LP I of 6" and "LP 2 of 6" X identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 35. On the floor plan, the total area for "Model 1601" is incorrect. Any X change to the floor area on the floor plan will need to correspond to the tabular data of the site plan sheet "SP 1 of 2". 36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section X 43.1). Prior to the City Commission meeting, provide a detail of the entry gates, including the dimensions, material, and color(s) used. 37. Provide an elevation of the "existing covered tiki bar" to be a "cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 38. A fence is required around the pool ama. Provide a detail of the fence. X On the site plan, show the points of access to the deck area currently outside the property line. 39. Provide a cross access agreement or written verification that access is X allowed between the subject property and the property to the east (with the wood deck and boat mooring area). 40. The plan shows that public "green" area will be provided in the form of X the 0.2 acre recreation ama and the 32-foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. 4 I. The buffer wall along the north property line acts as a "terminating X vista" from each paseo area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. 42. Staff endorses the concept of having a "focal point" to be located at the X northwest comer of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. ~ COA2 10/09/02 6 DEPARTMENTS INCLUDE REJECT 43. Provide an elevation of the "existing covered "tiki" bar to be a cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 44. The entryway to the recreational area appears as though it is an amenity X for just the five (5) easternmost townhouse units. Staff recommends redesigning the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 45. Off-street parking for the development will be limited to two (2) car X garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 46. The 3r'~ floor plan does not show the side "bump-outs" and therefore, the X plan does not correspond to the revised elevations. The plans must be corrected to correspond with each other. 47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 X "VOA" plants. Correct the plan's tabular data. 48. Staff recommends configuring or angling the buildings in such a way X that will allow for more units to have direct visual access to the future Intracoastal Park. 49. Staff recommends incorporating a second or third story porch (or on X both stories) into the design of the townhouse units that face (front and/or side faqades) either the Intracoastal Waterway or the Intracoastal Park. 50. The main east-west sidewalk is four (4) feet in width. Staff recommends X increasing the width to at least five (5) feet. 51. Staff recommends further in.creasing the distance between buildings X (paseo areas) to allow for additional amenities and landscape material. , 52. Staff endorses the concept of a pedestrian connection from the subject X property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be enhanced with additional landscaping, decorative lighting, and park-like benches. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: - . COA.2 10/16/02 7 DEPARTMENTS INCLUDE REJECT 53. Since it has been determined that there are 51 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 51 single-family attached units multiplied by $771 per unit equals $39,321 (Chapter l, Article V). 54. The opening of the garage doors shall be 18 feet in width. X 55. Additional 90 degree parking (extra) spaces shall be provided along the X western property line. Driveway widths shall not be reduced to accommodate the additional parking. 56. Enhance the building facades of Building #I and Building #2 by adding X architectural elements such as faux windows, shutters, raised bandings, and balconies to improve the appearance of the buildings that face US 1. 57. Provide landscaping nodes along the northern buffer opposite each drive X aisle. The northern perimeter hedge shall be maintained at six (6) feet in height. 58. Provide floor plans / details of the "cabana". The cabana shall be X compatible of the proposed townhouses. 59. Provide more specific details of dumpster enclosure including gates. X 60. The proposed fu'st floor color (Sberwin Williams #1335 - Thai Tan) of X the buildings shall be softened two (2) shades. 61. The proposed freestanding .outdoor lighting fixtures shall be type "A" X rather than type "B". 62. The buffer shall be C.B.S. rather than pre-cast. X 63. Architectural changes in response to these conditions shall be X re-reviewed by the CRA prior to issuance of permits. COA.2 i 0/16/02 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 64. Omit #54 and #62. X MWR/elj S:,d=la~ning~HARED\Wi:~PROJECTS~The HafOOrS~NWSP 02-012~COA2.docS:'~anning\SHAREEAWP~ROJECTS~The Hart3ors'~NWSP 02-012',COA. doc LAND D SlGN ,.,OUTH i Lana Planning Landscape Architecture Environmental Consultc~fon, 56! -478-8.~ll · FAX 561 ~78-5~12 · Congres~ 5u~ress Ce~re¢. 1280 N. Ccr~t~ Aver',~e · S~re 2~$ .West Pcm .~eccm ~";cnCc 3&z~ The Harbors Land Use Amendment, Rezoning, & Site Plan Approval Justification Statement Request The purpose of this Justification Statement is to request a Land Use Amendment, a Rezoning, and site plan approval for the subject property. The applicant is requesting to change the land use from Local Retail Commercial to Special High Density Residential and the zoning from Community Commercial (C3) to Infill Planned Unit Development (IPUD). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use amendment, rezoning, and site plan approval of a 3.21-acre property with 54 upscale town homes. The subject property is generally located on the southeast corner of Federal Highway and Gateway Boulevard. Site Characteristics The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial and is located within the C3 (Community Commercial) Zoning District. As previously stated, the applicant is proposing to change the Future Land Use designation to Special High Density Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject property is currently being used as a nightclub facility. There is an existing two-story 20,679 square foot building located on the eastern most portion of the site. The remaining portion of the site is used predominately for parking. In determining the impacts of the site we compared the maximum development potential at the existing land use and zoning to the maximum development potential at the proposed land use and zoning. We also accounted for what the applicant is actually proposing. There are several differ&nt uses surrounding the subject property. There are two (2) different uses which border the subject property to the north. Along the eastern section of the northern property line is the Las Palmas residential community. This property has a Future Land Use Designation of Low Density Residential (LDR) and is located within the RIAA zoning district. Along the western portion of the northern property line is a gas station. This property has a future land use designation of Local Retail Commercial and is located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is the proposed Boynton Beach City Park. This property has a future land use designation of Recreation and is located within the Recreation zoning district. To the west of the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several residential properties. Due to the fact that there is over 194-feet of separation between the subject property and the properties to the west, the applicant did not consider the impacts of the "'roposed community on these properties. The Harbors Page I of 4 June 5, 2002 Proposed Impacts . The subject property can currently be de~eloped with either bommercial or residential development. After the proposed land use amendment ,~ :~ rezoning the property will be allowed to be developed mainly as a residential use, with limited commercial use. The following table identifies the development scenarios under the existing land use and zoning as well as the proposed. Maximum Development Potential Existing Land Use & Zoning LRC/C3 223,724 Sq. Ft. of Commercial & 34 DU's Proposed/Existing Development 20,679 Sq. Ft. of Commercial Proposed Land Use & Zoning SHDPJIPUD 64 DU's 54 DU's The existing zoning designation does not allow the development of fee simple townhomes. In order to develop the site the applicant has to rezone the property to the IPUD designation. The IPUD district is only allowed in the Special High Density Land Use designation. Therefore the applicant must also change the land use. With the new zoning and land use there is a limited amount of commercial that is allowed along Federal Highway. The applicant is not proposing commercial uses as a part of the proposed development. The timing and phasing of the proposed community is dependent on the approval of the rezoning, land use, and site plan. In order to determine a rough estimate of the development of the site, we will assume that the project will receive final approval in September 2002. Once 'final approval is obtained, the applicant will immediately begin the permitting process. The applicant will begin to clear and develop the property in March 2003. Development of the units will begin shortly after the clearing. Population, Water, & Sewer Comparisons The following table compares the demand for water and sewer based on the square footage allowed under the existing land use and zoning against the proposed land use and zoning. This cemand was estimated using the standards adopted by the Palm Beach County Health Department when determining the potential impact of development. In order to determine the impact of the residential development we used the 2000 Census data of 2.26 persons per household. In addition, we used the 2001 LOS for the City of Boynton Beach. Infrastructure Information Water Provider of Boynton Beach ~vel of Service gallons per capita per day 22,372 gallons/day (3.21 ac X 43,560 sq. ff. X .40 Buildrng coverage x Current Maximum Demand 4 stories x .1) 3osed Maximum Demand 29,018 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200) (62 DU's) Proposed Actual Demand (54 24,408 gallons/day (54 X 2.26 PPH X 200) DU's) Proposed Change +2,036 gallons/day The Harbors Page 2 of 4 June 5, 2002 Wastewater Provider City of Boynton'-Beach : Level of Service 90 gallons per capita per day Current Maximum Demand 22,372 gallons/day (3.21 AC X 43,560 SQ FT X .40 Building coverage x 4 stories x. 1 ) Proposed Maximum Demand (62 DU's) 13,058 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 90) Proposed Actual Demand (54 DU's) 10,983 gallons/day (54 X 2.26 PPH X 90) Change - 11,389 gallons/day Nuisances The existing land use of the subject property is Local Retail Commercial and the existing zoning district is Community Commercial (C3). The existing land use and zoning are not compatible with the residential nature of the area. To the north of the subject property are several different uses. Along the eastern portion of the northern property line are the Las Palmas Park and the Las Palmas Landing single-family residential community. These two communities have a land use designation of Low Density Residential (LDR) and are located within the R1AA (Single Family) zoning district. Along the western portion of the northern property line are commercial properties and a existing gas station. These properties have a future land use designation of Local Retail Commercial and are located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is a vacant property that has a Future Land Use designation of Recreational and is located within the Recreation (REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot ROW). The existing land use and zoning is not compatible with the surrounding residential nature of the area. Over the years the subject property has received numerous complaints from the surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub and restaurant. Once the park to the south is completed, the existing use could potentially disrupt the activities occurring in the park. The applicant is proposing to change the land use of the subject property to Special High Density Residential. The applicant is also proposing to change the zoning designation to IPUD (Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The proposed residential use is more consistent with the residential uses to the north and the proposed park use to th.e soqth. The proposed site plan submitted with this justification statement shows a 52-foot setback along the northern property line where the ~¢Jbject property abuts the existing residential. Approval of the proposed land use plan amendment and rezoning will eliminate the incompatibility of uses currently occurring in the area surrounding the subject property. The Harbors Page 3 of 4 June 5, 2002 Site Plan The site plan dated June 5, 2002 submitted 'with this justification s(atement shows a total of 54 three (3)-story town homes on a total of 3.21 acres. Each of the 54 town homes has a two-car garage. In addition the site plan shows a total of' 13 additional parking spaces for guest parking. When designing the site plan the applicant relied upon the draft code language for the Infill Planned Unit Development (IPUD) zoning district. This zoning district applies to properties located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on the subject property. This structure will be less then the maximum height of 45-feet. The IPUD district also has maximum lot coverage of 50%. The proposed site plan has building lot coverage less than 50%. Along with the rezoning application, the applicant is proposing to change the land use designation to Special High Density Residential. This designation allows a maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54 dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with the proposed land use designation. The minimum open space requirements for properties within the IPUD zoning district are 100 square feet per dwelling unit. The proposed site plan submitted with this justification statement shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit. There are several different buffers proposed around the perimeter of the site. The applicant is proposing two different buffers along the northern portion of the subject property. Along the portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer. · Along the remaining portion of the northern property line the applicant is proposing a five (5) buffer. At the pre-application meeting the City Staff requested that the existing vegetation along the northern property line, adjacent to the single-family homes, remain in place. Therefore the applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut out and a tree will be placed in the vacant area. The applicant is not proposing a. buffer, along the eastern property line due to the fact that it is adjacent to the Intracoastal Waterway. The applicant is proposing a five (5) foot buffer along the southern property line. There is also a buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer along Federal Highway. This will sufficiently buffer the future residents of the community, while increasing the amount of landscaping along Federal Highway. The proposed plan shows a large .20-acre recreation area on the eastern section of the property. This allows all 'of the residents of the proposed community to have access and to enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the applicant to use the existing pool and "Tiki" bar structure located on the site. The property is structured so that most of the units front on a "paseo" area. This area will provide for guest entrance in to..each of the units and create an intimate atmosphere between the units. In South Flodd~ today, we are use to seeing the garage as the predominate feature on the front of residential structures. The proposed homes have the garage in the back of the units. Each of the garages will be access via an 18-foot access way. Based upon the above and the attached information, the Petitioner respectfully request approval of this petition. N:~Project Files~38~389.53\The Hart}ors LUPA, Rezoning, & Site Plan Approval Just Stat. doc File: 389.53A. 53B The Harbors Page 4 of 4 June 5, 2002 DEVELOPMENT DEPARTMENT PLAN~'ING &'ZONING DIVISION MEMOIL-XNDUM NO. PZ 02-162 TO: FROM: Chairman and Members Community R,~ment Agency Board Dick Hudso ,n~or Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 25, 2002 Project/Applicant: PRO,rECT DESCRIPTION The Harbors/Centex Homes Agent: Jennifer Morton of Land Design South Owner: SCHGAI, Inc. Location: 2300 N. Federal Highway (Cafa La Notre) File No: Land Use Amendment/Rezoning (LUAR 02-005) Property. Description: Developed property consisting of__.3.2 ! acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial Proposed change/use: To reclassify the subject properW from Local Retail Commercial (LRC) to Special High Density Residential (SHD-20 du/ac), and rezone from C- 3 Community Commercial to Infill Planned Unit Development (IPUD) in order to redevelop with 54 fee-simple townhouses. Adjacent Land Uses and Zoning: North: To the northeast, developed (Las Palms) single family homes classified Low Density Residential (LDR- 4.84 du/ac) and zoned R-1-AA. Single Family Residential and to the northwest, developed commercial land (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Vacant land, c.urrently, being developed as Intracoastal Park, desigTtated Recreational (R) and zoned REC Recreation. East: Intracoastal Wate~vay West: Rights-of-way of Federal Highway and the Florida East Coast Railroad, then developed commercial properly classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Page 2 File Number: LUAR 02-005 The Harbors PRO.IECT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. An exception to the density limitation is permirted if the propert3' is in an area desi~ated in the comprehensive plan for urban infill, urban redevelopment or downtow-n revitalization. Even though the requested density for the site is ~eater than 10 du/ac, the parcel is less than I0 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The subject property contains _+3.21 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed land use amen&nent/rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Under its present land use designation and zoning category, the property could be redeveloper for residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant is requesting an increase of 20 units and therefore falls below the density requiring risk management review; however, staff would recommend that all home-buyers in the development be made aware of the fact that they are buying property in a hurricane evacuation zone. Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density Residential land use classification, limits the use of the designation to the Coastal Area of the city and states that the maximum gross density is twenty (20) dwelling units per acre. Policy I. 13.3 states, "The City shall continue to encourage infill development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment 3,[aster Plan, and the policies contained in th~ Coastal Management Element." The adoption of the Infill Planned Unit Development (IPUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: "It is a basic public expectation that landowners requesting the use of the £PUD district will develop design standards that exceed the standards of the basic Page 3 File Number: LUAR 02-005 The Harbors development standards in terms o?site design, building dz'rchitecture attd construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, btcluding but not limited to requirements for parla'ng spaces, parking lot and circulation design, and setback, s, will be dependent on how well the above stated planning expectations are expressed ia the proposed development plan." While both the land use amendment and rezonin.,2 are consistent with policies contained in the Future Land Use Element of the Comprehensive~Plan, the master/site plan for the proposed development, which must be adopted simultaneously with the zoning desi~ation, lacks minimum design attributes necessary for consistency with the cited requirements of the IPUD regulations. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a ~rant of special privilege to an individual property owner as contrasted with the protection of the public welfare. In this portion of the Federal Highway Corr/dor, there are a number of properties designated High Density Residential, interspersed with city owned lands designated for Recreational use. The requested amendment would not create an isolated or unrelated d/strict. Rather, it is the existing Local Retail Commercial designation extending to the Intracoastal Waterway that forms an isolated and unrelated district. c. Whether changed or changing conditions make the proposed land ase amendment/rezoning desirable. A number of changed and changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by the City Commission on May 15, 2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown and general economic expansion." In response to this s~'ategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development (IPUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the IPUD zoning district can range fi.om 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway eorriddr fi.om the north city limits to the Boynton (C-I6) Canal, and,fi-om Woolbr/ght Road to the south city limits. The IPLrD zoning district regulations are relatively flexible in order to encourage developer creativity, including town.house developments on small infill and redevelopment parcels. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. Page 4 File Number: LUAR 02-005 The Harbors d. ~Yhether the proposed use woul~ be compatible with utility system& roadways, and other public facilities. Comparisons of water and sewer demands, provided by the applicant, show that the proposed use of the property will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease wastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation statement, that accompanied the application, states that the vested uses on the site generate 1,815 daily n/ps, while the proposed use equates to 378 n/ps per day. With respect to solid waste, the Solid Waste Authority has stated, svithin a letter dated December 18,2001, that adequate capacity exists to accommodate the county's municipalities throughout the 1 O-year planning per/od. Lastly, drainage will also be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property va&es of adjacent or nearby properties. The proposed land use amendmentJrezoning is compatible svith the current and future use of adjacent properties. It is the existing use of the property and the array of commercial uses that could be placed on the site if it were redeveloped under the Local Retail Commercial designation, that create incompatibilities. f. Whether the property is physically and economically developable under the existing zoning. The property was developed as a restaurant many years ago, and recently applied for a conditional use perrrdt to operate as a nightclub. g. Whether the proposed land use amendment/rezoning is of a scale which ix reasonably related to the needs of the neighborhood and the city as a whole. With proper development, the site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether thdre are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that provide opportunities for small to medium-sized developments of this type. 'C ONC'LuSIO NS/R.E COMME ~N'D ATI O NS As indicated herein, the requested land use amendment and rezoning are consistent ~vith the intent of the Comprehensive Plan; will not create additional impacts on infraslamcture that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. In light of the fact, however, that even after numerous meetings and discussions with City staff, the appIicant has failed to provide an adequate interpretation of the zoning regulations and has 'proposed a master/site plan that provides less than the basic amenities, mediocre building architecture, almost no landscape design and seeks only to crowd the site with more dwelling uniB than the site planner is capable of Proposed Impacts The subject property can CUrrently be ~evelo . · " development. After the proposed land use ._l_P_ed, w,t? el!her commercial or re_~i · allowed to be developed mainly as a residential use, with limited commercial use. The following a~enc~men[ ancJ rezoni,.,,-, --- .--.dent/al ,,~ u~e proper~y will be table identifies the development scenarios under the existing land use and zoning as well as the proposed. Existing Land Use & Zoning LRC/C3 223.7'24 Sq. Ft. of Commercial & 34 OU's 20,679 Sq. Ft. of Commercial Proposed Land Use & Zoning SHDR/IPUD Maximum Development Potential -- 64 DU's Proposed/Existing Development -----...4 54 DU's The existing zoning designation does not allow the development of fee simple townhomes. In order to develop the site the applicant has to rezone the property to the IPUD designation. The /PUD district is only allowed in the Special High Density Land Use des/ applicant must also change the land us - na ' amount of commercial that is w ...... .e. W~h the new zonin and la g tlon. Th.erefore the commercia, uses as a part of thae/'''''v~u awong F'edera, Highway. gThe ap~</icUaSn~ Ishe~:t,~rao~'~n~Ine proposed development. The timing and phasing of the proposed community is dependent on the approval of the rezoning, land use, and site plan. In order to determine a rough estimate of the development of the site, we will assume that the project will receive final approval in September 2002. Once final approval is obtained, the applicant will immediately begin the permitting process. The "~Plicant will begin to clear and develop the property in March 2003. Development of the units iii begin shortJy after the c/earing. Population, Water, & Sewer Corn ar . The following table corn ....... P. iSons ~'~,~a [ne 'c~emand for water and sewer based allowed under the existing land use a · . ?mand was est/mated u ',',,', *"- ?.d zo. nmg against the nr ,.,-,-,,,.., ,--~on the square footage uepartment wh~,..., ..... ?,,u ,nv standards =4,-,,.,_. ,_" O.'''''''~''' ,-ne use and Zoninr, impact of the '~Z',-'`-.,'''-='-~.rr~, m-rog the potential im,.,a"'~'~'_~';~u o.y the Palm Beach ~ ..... Ca~uentlal develonr,-,,=,,~. .... ,~ ,..~ u, development. In Z .' '~°"" -uusenola. In a '~ ........ ~ .... "-,~ used the 20nn ,",~- _ oral_er to determine th ddk,,.,,, we used the 2001 LOS ~ ....... -,,-, ,-,~-sus data o~ 2.26 ---- e . . ,ur me (..;~ty of Boynton Beach F~rsons per ~roposed Actual Demon -------._ gallons/day 0 DU/AC -~._~_. '"~'~ ~Jauons/clay ('54 X 2 26 PPH ¥ '~,',,',, ~rr'-'~sed Change · ^ ~uu) +2.036 gallons/day e Harbors Page 2 of 4 June 5, 2002 Wastewater Provider City of 8oynton 8each Level of Service ~ons per capita per day Proposed Maximum Demand ~ 22,372 gallons/day (3.21 AC X 43,560 SQ FT X .40 Building COverage'~! ('62 OU's) Proposed Actual Demand (54 10,983 gallons/day (54 X 2.26 PPH X 90) "'~/ OU's) Change. Nuisances The existing land use of the subject property is Local Retail Commercial and the existing zoning district is Community Commercial (C3). The ex/sting land use and zoning are not COmpatible with the residential nature of the area. To the north of the subject property are several different uses. Along the eastern port/on of the northern property line are the Las Pa/mas Park and the Las Pa/mas Landing single-family residential use designation of Low Density Residential community. These two communities have a land (LDR) and are located within the R1AA, (Single Family) zoning d/strict. Along the western POrt/on of the northern property line are COmmercial properties and a existing gas station. These propertJes have a future land use designation of Local Retail Commercial and are located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is a vacant property that has a Future Land Use designation of Recreational and is located within the Recreation · (REC) zoning district. The property is Proposed for a City of Boynton Beach Pank. To the west of the subject Property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot ROW). The existing land use and zoning is not compatible with the surrounding residential nature of the area. Over the years the subject property has received numerous complaints from the surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub and restaurant. Once the park to the south is completed, the existing use could potentially disrupt the activities occurring in the pa~. The applicant is proposing, to change the land use of the subject property to Special High Density Residential. The applicant is also proposing to change the zoning designation to/PUD (Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The proposed residential use is more consistent with the residential uses to the north and the proposed park use to the south. The proposed site plan submitted with this ,justification statement shows a 52-foot setback-along the northern property line where the subject property abuts the existing residential. Approval of the proposed land use plan amendment and rezoning will eliminate the incompatibility of uses currently occurring in the area surrounding the subject property. he Harbors .- ~ Page 3 of 4 June 5,2002 Page 5 File Number: LUAR 02-005 The Harbors placing on the site in a reasonable design, sta~'f recommends that the sgbject request be denied. Should the Communi .ty Redevelopment Agency Board and the City Commission recommend approval, any recommended conditions of approval will be included as Exhibit "C". ATTACHMENTS ] ~'~HRDATA~PIannin~'SHARED\\V~'P~,OJECTS',T~¢ H,,~"bors~LUAR. 02-O0$'.$TAFF REPORT da.,: Location Map Attachment "A" .. _NE 257:d. ~L/.Ev.z_-:z~ PUD SITE~ __ _O._S T - PO'F:TEF RD ....... R3 PALMAS.BARK 7 ..... __BEC__ LAKE WORTH ICWW --REC 3OO 0 300 800 Peec LANDJ )ESIGN UTH The Harbors Land Use Amendment, Rezoning, & Site Plan Approval Justification Statement Request The purpose of this Justification Statement is to request a Land Use Amendment, a Rezoning, and site plan approval for the subject property. The applicant is requesting to change the land use from Local Retail Commercial to Special High Density Residential and the zoning from Community Commercial (C3) to Infill Planned Unit Development (IPUO). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use amendment, rezoning, and site plan approval of a 3.21-acre property with 54 upscale town homes. The subject property is generally located on the southeast corner of Federal Highway and Gateway Boulevard. Site Characteristics The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial J is located within the C3 (Community Commercial) Zoning District. As previously stated, the ,,~plicant is proposing to change the Future Land Use designation to Special High Density Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject property is currently being used as a nightclub facility. There is an existing two-story 20,679 square foot building located on the eastern most portion of the site. The remaining portion of the site is used predominately for parking. In determining the impacts of the site we compared the maximum development potential at the existing land use and zoning to the maximum development potential at the proposed land use and zoning. We also accounted for what the applicant is actually proposing. There are several different uses surrounding the subject property. There are two (2) different uses which border the subje(~t property to the north. Along the eastern section of the northern property line is the Las Palmas residential community. This property has a Future Land Use Designation of Low Density Residential (LDR) and is located within the RIAA zoning district. Along the western portion of the northern property line is a gas station. This property has a future land use designation of Local Retail Commercial and is located within the C3 zoning district. To the east of the subject-property is the Intracoastal Water,ray. To the south of the subject property is the proposed Boynton Beach City Park. This property has a future land use designation of Recreation and is located within the Recreation zoning district. To the west of the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several residential properties. Due to the fact that there is over 194-feet of separation between the subject property and the properties to the west, the applicant did not consider the impacts of the proposed community on these properties. The Harbors PaGe 1 of ..t June 5. 2002 Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 XlI. - LEGAL CITY OF BOYNTON BEAC A.2 AGENDA ITEM REQUEST FC Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1,2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unammous vote, recommended that the subject request be approved on First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-162. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: THE HARBORS (LUAR 02-005) Jennifer Morton of Land Design South Schgal, Inc. 2300 North Federal Highway Request to rezone from Community Commercial (C-3) to Infill Planned Unit Development (IPUD). Proposed use: development of 51 fee-simple townhouses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES'/~ .-N/A --. Develop~eni D e p~artm~ni--D'i'r e c t o'r Planning and Zonir~l~irector City Manager' s Signature City Attorney / Finance / Human Resources J:\SHRDATAhUlanningXSHARED\WP~PROJECTS\The HarborsXLUAR 02-005~Agenda Item Request The Harbors LUAR 02-005 Reozone 2nd reading 11- 9-02 .dot S:~BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- O ~' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF THE HARBORS/CENTREX HOMES; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-3 (COMITY COMERCIAL) TO INFILL PLANNED UNIT DEVELOPMENT (IPUD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Schgai, Inc., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Jennifer Morton of Land Design Inc., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of 3.21 acres, said land being more particularly idescribed hereinafter, from C-3 (Community Commercial) to IPLrD (Infill Planned Unit Development), subject to all staff comments except for conditions #54 and #62; and WHEREAS, the City Commission conducted a public heating on October 15, 2002, and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WI~.ERE~S, during the public hearing the applicant for the Rezoning made material representations which were considered and were relied on by the City ?ommission in reaching its conclusions regarding the appropriateness of the proposed The material representations made by applicant are set forth in the minutes City Commission meeting/Public Hearing conducted October 15, 2002. $:\CA\Ordinances\Planning\Rezoning\Rezoning - The Harbors.doc WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public heating heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and ~ncorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Lot 6, and the West 326.01 feet of the South 67.29 feet of Lot 5, and the South 1.50 feet of the North 70 feet of the West 245.39 feet of Lot 5, of SAM BROWN JR.S' HYPOLUXO SUBDIVISION as recorded in Plat Book 1, Page 81, of the Public Records of Palm Beach County, Florida. Less and Excepting therefrom: a. The West 94 feet thereof. b. Those portions as conveyed to the State of Florida for right of way purposes in that Special Warranty Deed recorded in Official Records Book 654, Page 167 and Official Records Book 701, Page 654. Said land lying and being in the City of Boynton Beach, Palm Beach County, Florida, containing 139,778 square feet, 3.2089 acres, more or less/ (PCN 08-43-45-15-03-000-0051) ,e and the same is hereby rezoned from C-3 (Community Commercial) to PUD (Infill 'lanned Unit Development). A location map is attached hereto as Exhibit "A" and made a ,an of this Ordinance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be accordingly. sect±on 4: All ordinances or parts of ordinances in conflict herewith are repealed. ~:\CA\Ordinances\Planning\Rezoning\Rezoning - The Harbors.doc Section 6: Should any section or provision of this Ordinance or any portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall tot affect the remainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this (,:, day of Iqc~t~,t' , 2002. SECOND, FINAL READING and PASSAGE this __ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) $:\CA\Ordinances\Planning\Rezoning\Rezoning - The Harbors.doc Location Map EXHIBIT "A" _-----N F~ _2~q-. TH-AV E '~ -PUD ,'!SITE ccccc.'~.~ /, ~ / ~ J '~j,.~ / i:~ LDST ! ///"/if R3 .MAS pARK~.: ¢-' BE_C_~ 300 0 /i 3OO LAKE WORTH ICWW 600 F~t DEVELOPMENT DEPARTMENT PLA:N~'ING & ZO~N-ING DD"ISION blEblOR.-~¥DU~I NO. PZ 02-162 REVISED TO: FROM: Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf T9 g~g"/ Director of Planning and Zoning DATE: October 3, 2002 Project/Applicant: PROJECT DESCRIPTION The Harbors/Centex Homes Agent: Jennifer Morton of Land Desig-n South Owner: SCHGAI, Inc. Location: 2300 N. Federal High~vay (Caf~ La Notre) File No: Land Use Amendment/Rezoning (LUAR 02-005) Property Description: Developed property consisting of +3.21 acres, classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHD-20 du/ac), and rezone from C- 3 Community Commercial to InfilI Planned Urfit Development (IPUD) in order to redevelop with 51 fee-simple townhouses. Adjacent Land Uses and Zoning: North: To the northeast, developed (Las Palmas) single family homes classified Lo~v Density Residential [L-DR - 4.84 du/ac) and zoned R-l-AA Single Family Residential and to the northwest, developed commercial land (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: East: Vacant land, currently being developed as the City's Intracoastal Park, desi=~nated Recreational (R) and zoned R.EC Recreation. Lntracoastal Waterway West: Rights-of-way of Federal Highway and the Florida East Coast Railroad, then developed commercial properly classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Page 2 File Number: LUAR 02-005 The Harbors PRO.rE:CT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property must be less than 10 acres in size. If the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. An exception to the density limitation is permitted if the property, is in an area designated in the comprehensive plan for urban in fill, urban redevelopment or downto~',-n revitalization. Even though the requested density for the site is greater than l0 dw'ac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The subject property contains ___3.21 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Cotnprehensive Plan Amendments: Rezonings. These criteria are required to be part of' a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed land use amendtnent/rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Pahn Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The property in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Category 1 (Saffir/Simpson Scale) hurricane. Under its present land use designation and zoning category, the property could be redeveloped for residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant has amended the original request to an increase of 17 units and therefore falls below the density requiring ask management review; however, staff would recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning hurricane evacuation and shelters through a homeowners' or residents' association. Policy 1.19.1 of the Land Use Element provides a definition of the Special High Density Residential land use classificatio, n, limits the use of the designation to the Coastal Area of the ciD' and states that the maximum gross density is twenty (20) dwelling units per acre. Policy I. 13.3 states, "The City shall continue to encourage infill development and redevelopment by' implementing actions of the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal Management Element." The adoption of the Infill Planned Unit Development ('[PUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: Page 3 File Number: LUAR 02-005 The Harbors "It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of the basic development standards in terms of site design, building architecture attd construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parla'ng spaces, parking lot and circulation design, and setback, will be dependent on how well the above stated planning expectations are expressed in the proposed development plan." While both the land use amendment and rezoning are consistent with policies contained in the Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed development, which must be adopted simultaneously with the zoning designation, lacks minimum design attributes necessary for consistency with the cited requirements of the IPUD regulations. These are cited below: 1. Failure to consider the locational advantages of the site. W'hile the site has constraints because of its narrow ~vidth and extreme depth, it has Intracoastal Waterway fi'ontage and overlooks the site of the City's new I. ntracoastal Park. In the revised site plan (Exhibit B), the units facing the Intracoastal Waterway form a wall that almost totally cuts offvisual access of both the waterway and the recreation site for any residents of the other units. The six-units fronting on Las Palmas have front entrances facing unadorned six-foot hig2~ walls. The second floor balconies provided on these units have views of the gas station and carwash across Las Palmas. The removal of one of the four-unit buildings has allowed the "paseos" or front entrance areas of the remaining 10 four-unit buildings to be increased from 25 feet to 32 and 33 feet. Unfortunately, this increase in width is not sufficient to allow the use of shade trees to vary the landscape materials; however, the use of more mature planting materials could create a better environment. The rear windows of these units now look out across 29 feet of driveway to the rear windows of adjacent buildings. Architec~u're. The applicant has justified the number of units on the site as being necessary because of the price of the property, yet the proposed plans provide very mundane units that are more suited for a traditional downtown setting of small blocks divided by alleys. It is important to encourage a range of housing opportunities throughout the City; however, in this location, quality would be l~referable to quantity. Each of the buildings between the Intracoastal Waterway and Federal Highway is lined up and spac~tf almost equidistance apart. The additions of"bump outs" on the ends of the buildings will add some interest and relieve some of the plainness of the structures. Granted, there is no established architectural "character" in the area; however, elements of a Spanish Mediterranean style have been successfully used on the new Manatee Bay project and the past renovations to the Benvenuto's Restaurant, as well as the townhouse project to be reviewed later on this agenda. This same style could be used here to provide a development that Page 4 File Number: LUAR 02-005 The Harbors would be a signal for the gateway area. Nothing disti~'guishes this project or causes it to stand out in the memory. Lack of residents' amenities. The proposed plan provides no private outdoor space for residents. The only amenities provided are a pool and "tiM" bar/cabana located adjacent to the boat docking areas at the Intracoastal. There is no mention of how, or even whether, the docks will be available for residents' use or how they will access this facility if it is to be used by them. If it is not to be a part of the development, there is no indication of how non- resident users will be provided with landside access. The pool area is approximately 900 feet from the units on the west end of the property. The applicant proposes a four-foot wide sidewalk leading through the development to allow pedestrian access to the facility. No benches, shade trees or other pedestrian amenities are proposed. Five of the 12 guest parking spaces are earmarked for the recreation area, though no spaces are designated for handicap use. The closest parking is 190 feet from the pool edge; the farthest is 360 feet away. The remaining guest parking spaces will provide only a little more than one guest space for each ten units. 4. Landscaping. The proposed landscape plan provides little more than the minimum required of any development. Along the south and a portion of the north property lines, an existing five-foot hig. h ficus hedge will soften the appearance of the enclosing wall for the homeowners. In areas where a new wall is to be built, the only softening elements will be outside the wall. In the driveway areas between buildings, the only softening element is a single Geiger tree between each pair of garage doors. The paseos fare somewhat better, however, the plantings cannot be called "lush". The "Site Data" table included with the site plan shows a pervious area of 29%. (The standards for Mixed Use-Low Intensity require a 30% minimum pervious area with a density of 40 alu/ac.) This is an improvement over the existing site development; however, the property is currently a night club/restaurant and ancillary parking lot, not a residential neighborhood. b. Whether the j~roposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner ax contrasted with the protection of the public welfare. In this portion of the Federal Highway Corridor, there are a number of properties de§i~nated High Density Residential, interspersed with city owned lands designated for Recreational use. The requested amendment would not create an isolated or unrelated district. Rather, it is the existing Local Retail Commercial designation extending to the Intracoastal Waterway that forms an isolated and unrelated district. c. Whether changed or changing conditions make the proposed land use amendment/rezoning desirable. Page 5 File Number: LUAR 02-005 The Harbors A number of changed and changing conditions make the proposed lanai 'use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by the City Commission on May 15, 2001, included the following strateg-y to pro~;ide a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Develop intensity' standards that allow for a variety' of housing styles and types at intensities that will assist in supporting the downtown and general economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development (Il'UT)) zoning distr/ct to allow a ~eater range housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the [PUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boy'nton (C-16) Canal, and from Woolbright Road to the south city limits. The [PUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small infill and redevelopment parcels. In addition, the South Florida housing market is experiencing a groxving popularity of to~vnhouse developments as a residential unit of choice, particularly in urban areas. It is difficult, however, to accept this master/site plan as proposed, which exploits the leniency of the [PUD regulations as one of the first, and most visible projects in the northern "gateway" to the City. d. Whether the proioosed use would be compatible with utility systems, roadways, and other public facilities. Comparisons of water and sewer demands, provided by the applicant have not been revised to reflect the amended site plan. The original calculations show that the proposed use of the property will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease wastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation statement, that accompanied the application, states that the vested uses on the site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the Solid Waste Author/ty has stated in a letter dated December 18, 200 I, that adequate capacity exists to accommodate the coanty's municipalities throughout the 10-year planning period. Lastly, drainage will be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. Whether the proposed land use amendment/rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of'adjacent or nearby' properties. . . The proposed land use amendment/rezoning is compatible ~vith the current and future use of adjacent properties. It is the existing use of the property and the array of commercial uses that could be placed on the site if it were redeveloped under the Local Retail Commercial designation, that create incompatibilities. f. Whether the property is physically and economically developable under the existing zoning. Page 6 File Number: LUAR 02-005 The Harbors The property was developed as a restaurant many years ago, and recentl'y applied for a conditional use perrrdt to operate as a nightclub. It could be redeveloped ~vith a vane~' of commercial uses permitted under the existing Local Retail Commercial land use and Communib' Commercial C-3 zoning. g. ~Ehether the proposed land use amendment/rezoning ix ora scale which is reasonabl, v related to the needs of the neighborhood and the ciG' as a whole. With proper development, the site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites elsewhere in the ci.tyfor the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City, that provide opportunities for small to medium-sized infill developments. CONCLUSIONS/RE COMME t"~D ATIO NS As indicated herein, the requested land use amendment and rezoning are consistent xvith the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. However, the proposed project remains with design deficiencies and falls short of meeting the intent of the new zoning regulations. The proposed master/site plan provides less than the basic amenities, mediocre building architecture, minimal landscaping and seeks only to crowd the site with more dwelling units than the site planner is capable of placing on the site in a reasonable design. Therefore, staff recommends that this request be approved, subject to the project enhancements as described in this staff analysis. Such enhancements should include, but are not limited to the following: 1. Integrate architectural elements to enhance the overall character of the development; 2. Change the orientation of the easternmost building to increase the visual and physicat access to the recreation area; 3. Improve the aesthetic quality of the paseos and provide amenities that the project lacks; 4. Enhance the wall surrounding the project and prov/de additional landscaping to enhance the views and areas opposite less aesthetic adjacent uses, and improved the quality of interior living areas; 5. Provide additional parking spaces to prevent congestion and decline in the I3r6ject quality. A complete list of specific comments for the site plan, which, on adoption, will become the master plan for the [PUD, are attached as Exhibit "C". Staff acknowledges that the narrow shape of the site poses limitations, but notes that the site attributes outweigh the negatives. The proposed project is limited to one unit type, which may not be the best choice to compensate for site limitations and capitalize on its attributes, which Page 7 File Number: LUAR 02-005 The Harbors may only be fully utilized with greater flexibility in unit .type and the addition or'architectural. landscape, and other enhancements. Should the Community Redevelopment Agency Board and the City Commission recommend or adopt additional conditions of approval, said conditions wilI be included as Exhibit ATTACHMENTS \\Ch\MAIN",s;hrd~ca\plannin$~$hate~Wp~PRO/EC~S~.Th¢ Hatbo~t, LUAR 02-005",STAFF REPORT R=viscd,doc Location Map EXHIBIT "A" i I -PUD -. /~SITE -RD R3 / G C~li?&G G , ',.= / R3 ' :'-' i //i O ST ; ! ,t ~,t I/ BEC 300 300 LAKE WORTH ICWW 600 Feet ~N~IS::IO ,fi! Itl~, V( ' )-i=I 'HOV=JG NO.I. NAOG .-IO ~!.!0 o EXHIBIT "C" Conditions of Approval Project name: The Harbors -. File number: NWSP 02-012 Reference: 3rd review plans identified as a New Site Plan with a September 24. 2002 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. In accordance with Chapter 6, Article 1TI, Sections 11, 12 14, and 16 X widen Las Palmas Park from Federal Highway (U.S. 1) approximately 240 feet east (to the intersection of the roadway centerline with the extension of the subject parcel property line. Roadway configuration will consist of 3 lanes, of width as determined by the Director of Public Works (one eastbound lane, one dedicated left turn lane, and one westbound through lane), Type "F" curb and gutter and two - four (4) foot wide sidewalks (one on each side of the roadway). 2. Reconfigure signalization at the intersection of Las Palmas Park and X Federal Highway to add a left turn arrow to the signal head(s) for westbound Las Palmas Park traffic (Chapter 6, Article ITl', Section 16). The developer has coordinated with Palm Beach County Traffic Division. The rephasing of the signal shall be completed prior to the issuance of a Certificate of Occupancy. 3. Detail signing and striping as necessary (Chapter 6, Article m', Section X 16). 4. At the time of permitting, coordinate with the FDOT and Palm Beach X County Traffic for roadway and signalization improvements. UTILITIES Comments: None X FIRE ~omments: 5. Design documents where underground water mains and hydrants are to X be provided, must demonstrate that'' they will be installed, completed, COA2 0/09/02 DEPARTMENTS INCLUDE REJECT and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 6. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X Administrative Order dated May 9, 2001 that provides the minimum performance for all security gates and emergency access. (Copy attached). 7. Emergency access shall be provided at the start of a project and be X maintained throughout construction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 54.3. POLICE Comments: None X ENGINEERING DIVISION 8. A lighting plan including photometrics, pole wind loading, and pole X details in conformance with the LDR, Chapter 6, Article IV, Section I 1, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article ri, Section A will be required at the time of permitting. The lighting design shall provide a minimum average light level of one foot-candle. On the lighting plan, specify that the light poles shall withstand a 140 MPH wind load (IX)R, Chapter 23, Article ri, Section A. 1.a.) Add a note that the fixtures shall be operated by photo-electrical control and to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Artificial lighting used to illuminate any property shall be directed away from all residential districts. 9. A plat shall be subrhitted with construction drawings for fee simple X housing. The plat must be recorded prior to the issuance of a building permit for the project. I0. A copy of the proposed POA documents shall be submitted for review X and approval concurrint with'the plat process. 11. Provide verification that the improvements within the submerged land X lease shall be transferable to the new owner. 12. At the time of permitting, indicate by note to what standard the project is X to be constructed; if the F'DOT Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. COA2 l 0/09/02 DEPARTMENTS INCLUDE REJECT 13. An excavation and fill permit will be required for this development. X 14. Provide written and ~raphic scales on all sheets. X BUILDING DIVISION Comments: 15. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 16. At time of permit review, submit a copy of the recorded resolution that X verifies the abandonment of the alley, right-of-waY or easement. 17. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of the wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 18. At time of permit review, submit for review an addressing plan for the X project. PARKS AND RECREATION Comments: 19. Since it has been determined that there are 54 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 54 single-family attached units multiplied by $771 per unit equals $41,634 (Chapter 1, Article V). 20. The fee is due prior to the issuance of the first applicable building X permit. 21. Submit detailed irrigation plans for right-of-way landscape and irrigation X improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any existing irrigation in the fight- of-way. FORESTER/ENVIRONMENTALIST COA2 0/09/02 DEPARTMENTS INCLUDE I REJECT Comments · I 22. The applicant must identify and quantify the existing trees on the site as X shown on the survey sheet #1. 23. The landscape sheets should indicate the existing trees that will be X preserved, relocated or removed and replaced on each portion of the entire site. These trees should be shown with an appropriate symbol on each of the landscape sheets. 24. Any of the existing hedge plants noted on the sheets that are not of X acceptable quality during the landscape inspections must be replaced throughout the site. 25. All trees noted on the plant list must be a minimum of 12 feet in height X and three (3) inches in diameter at time of planting. 26. The plan does not show the City "signature trees "required at the X ingress/egress sites. 27. The plan does not show the seven (7) foot wide landscape buffer strip X along the adjacent public right-of-way. Revise the list to include 50% native shrub material. 28. Sheet LP4 of 6: The shrubs, and accents list meets the 50% native X species requirement, the palms list does not meet this requirement. Revise the plan accordingly. 29. Sheet LP5 of 6: The. palms, shrubs, accents, and ground covers list does X not meet the 50% natii, e species requirement. Revise the plan accordingly. 30. There is no irrigation system plan included or noted on the landscape X sheet. Provide an irrigation plan at the time of building permit submittal. PLANNING AND ZONING Comments: 31. Place a note on all the primary landscape plan indicating that mulch X other than Cypress shall be used and maintained for landscape purposes (Chapter 7.5, Article II, Section 5.C.8.). 32. The site data on sheet "SP I of 2'-'- in. dicates that 110 parking spaces are X COA2 0/09/02 DEPARTMENTS INCLUDE REJECT required. Revise the data to indicate the correct number of required parking spaces (107). 33. The existing six (6) foot high wall, located along the north property line X shall be refurbished to match the color and style of the new wall. 34. On the landscape plan sheet labeled "LP I of 6" and "LP 2 of 6", X identify the row of hedges proposed along the southern property line. Also, staff recommends installing palm trees (single or double trunk Alexander, Montgomery, or Solitaire) along the southern facades of the four (4) unit buildings. 35. On the floor plan, the total area for "Model 1601" is incorrect. Any X change to the floor area on the floor plan will need to correspond to the tabular data of the site plan sheet "SP I of 2". 36. The buffer wall may not exceed six (6) feet in height (Chapter 2, Section X 4.J. 1). Prior to the City Commission meeting, provide a detail of the entry gates, including the dimensions, material, and color(s) used. 37. Provide an elevation of the "existing covered tiki bar" to be a "cabana" X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 38. A fence is required around the pool area. Provide a detail of the fence. X On the site plan, show the points of access to the deck area currently outside the property line. 39. Provide a cross access agreement or written verification that access is X allowed between the subject property and the property to the east (with the wood deck and boat mooring area). 40. The plan shows that public "green" area will be provided in the form of X the 0.2 acre recreation area and the 32-foot wide front paseos. Staff recommends creating additional public "green" space equipped with amenities such as benches, a gazebo, and/or BBQ pit area. 41. The buffer wall along the north property line acts as a "terminating X vista" from each paseo area. Staff recommends incorporating additional decorative features such as fountains, statuary, or wall score lines to break the mundane wall expanse. 42. Staff endorses the concept of having a "focal point" to be located at the X northwest comer of the property. In addition to the landscaping, staff recommends that the "focal point" as shown as an asterisk (*) should be a fountain, statuary, gazebo or some other attractive public amenities. COA2 ! 0/09/02 6 DEPARTMENTS INCLUDE REJECT 43. Provide an elevation of the "existing covered "tiki" bar to be a cabana". X Ensure that the colors of the cabana will be compatible with the color palette of the proposed townhouse buildings. 44. The entryway to the recreational area appears as though it is an amenity X for just the five (5) easternmost townhouse units. Staff recommends redesigning the entryway so that it is more welcoming to the entire development. Create an entrance pavilion to the recreational area that is on axis with the sidewalk. 45. Off-street parking for the development will be limited to two (2) car X garages in each unit and guest parallel parking spaces. Because there is no alternative parking provision, staff recommends that the garage area in each unit be increased in size in order to maximize the storage space for both vehicles and various items and to prevent / minimize the haphazard parking of cars throughout the development. 46. The 3'~ floor plan does not show the side "bump-outs" and therefore, the X plan does not correspond to the revised elevations. The plans must be corrected to correspond with each other. 47. The plant list of landscape plan "sheet LP 5 of 6" does not indicate 34 X "VOA" plants. Correct the plan's tabular data. 48. Staff recommends configuring or angling the buildings in such a way X that will allow for more units to have direct visual access to the future Intracoastal Park. 49. Staff recommends incorporating a second or third story porch (or on X both stories) int6 the design of the townhouse units that face (front and/or side fa(i:ades) either the Intracoastal Waterway or the Intracoastal Park. 50. The main east-west sidewalk is four (4) feet in width. Staff recommends X increasing the width to at least five (5) feet. 51. Staff recommends further increasing the distance between buildings X (paseo areas) to allow ~or additional amenities and landscape material. , 52. Staff endorses the concept of a pedestrian connection from the subject X property to the Intracoastal Park as shown on the southeast portion on the property. However, staff recommends that the entranceway be enhanced with additional landscaping, decorative lighting, and park-like benches. COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: COA.2 10/16/02 7 DEPARTMENTS INCLUDE REJECT 53. Since it has been determined that there are 51 single-family attached X units in this development, the Park and Recreation Facilities Impact Fee is computed as follows: 51 single-family attached units multiplied by $771 per unit equals $39,321 (Chapter 1, Article V). 54. The opening of the garage doors shall be 18 feet in width. X 55. Additional 90 degree parking (extra) spaces shall be provided along the X western property line. Driveway widths shall not be reduced to accommodate the additional parking. 56. Enhance the building facades of Building #1 and Building #2 by adding X architectural elements such as faux windows, shutters, raised bandings, and balconies to improve the appearance of the buildings that face US 1. 57. Provide landscaping nodes along the northern buffer opposite each drive X aisle. The northern perimeter hedge shall be maintained at six (6) feet in height. 58. Provide floor plans / details of the "cabana". The cabana shall be X compatible of the proposed townhouses. 59. Provide more specific details of dumpster enclosure including gates. X 60. The proposed first floor color (Sherwin Williams #1335 - Thai Tan) of X the buildings shall be softened two (2) shades. 61. The proposed freestanding outdoor lighting fixtures shall be type "A" X rather than type "B'\ 62. The buffer shall be C.B.S. rather than pre-cast. X 63. Architectural changes in response to these conditions shall be X re-reviewed by the CRA prior to issuance of permits. COA.2 10/16/02 8 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION COMMENTS: Comments: 64. Omit #54 and #62. X MWR/e~j S:',J31aflning~SHARI=D~WI:~aROJECTS~The Harbors',,NWSP 02-012',COA2.clocS:',J=~anning\$HARED~WF;N='ROJECTS~The Harbors'uNWSP 02-012\COA. doc LANDJ '""n$1GN ,..,OUTH Lana Planning Landscape Architecture Environmental ConsuJtation, 561.478-8501 · FAX 561-478-5C: 2 · Congres~ ~.sress Ce~te~ · 12~0 N. Ccngress ,~veCue. Su~te 2 ~ 5. West P~m .=ecc.',. ;~¢nC~ 2 ~ ',.-.Ce The Harbors Land Use Amendment, Rezoning, & Site Plan Approval Justification Statement Request The purpose of this Justification Statement is to request a Land Use Amendment, a Rezoning, and site plan approval for the subject property. The applicant is requesting to change the land use from Local Retail Commercial to Special High Density Residential and the zoning from Community Commercial (C3) to Infill Planned Unit Development (/PUD). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use amendment, rezoning, and site plan approval of a 3.21-acre property with 54 upscale town homes. The subject property is generally located on the southeast corner of Federal Highway and Gateway Boulevard. Site Characteristics 'The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial and is located within the C3 (Community Commercial) Zoning District. As previously stated, the applicant is proposing to change the Future Land Use designation to Special High Density Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject property is currently being used as a nightclub facility. There is an existing two-story 20,679 square foot building located on the eastern most portion of the site. The remaining portion of the site is used predominately for parking. In determining the impacts of the site we compared the maximum development potential at the existing land use and zoning to the maximum development potential at the proposed land use and zoning. We also accounted for what the applicant is actually proposing. There are several differ&nt uses surrounding the subject property. There are two (2) different uses which border the subject property to the no~th. Along the eastern section of the northern property line is the Las Palmas residential community. This property has a Future Land Use Designation of Low Density Residential (LDR) and is located within the R1AA zoning district. Along the western portion of the northern property line is a gas station. This property has a future land use designation of Local Retail Commercial and is located within the C3 zoning district. To the east of th~ subj'sct property is the Intracoastal Waterway. To lhe south of the subject property is the proposed Boynton Beach City Park. This property has a future land use designation of Recreation and is located within the Recreation zoning district. To the west of the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several residential properties. Due to the fact that there is over 194-feet of separation between the subject property and the properties to the west, the applicant did not consider the impacts of the · ~roposed community on these properties. The Harbors Page I of 4 June 5, 2002 Proposed Impacts . The subject property can currently be de~/eloped with either bommercial or residential development. After the proposed land use amendment and rezoning the property will be allowed to be developed mainly as a residential use, with limited commercial use. The following table identifies the development scenarios under the existing land use and zoning as well as the proposed. Existing Land Use & Zoning Proposed Land Use & Zoning LRC/C3 SHDPJIPUD Maximum Development Potential 223,724 Sq. Ft. of Commercial 64 DU's & 34 DU's Proposed/Existing Development 20,679 Sq. Ft. of Commercial 54 DU's The existing zoning designation does not allow the development of fee simple townhomes. In order to develop the site the applicant has to rezone the property to the IPUD designation. The IPUD district is only allowed in the Special High Density Land Use designation. Therefore the applicant must also change the land use. With the new zoning and land use there is a limited amount of commercial that is allowed along Federal Highway. The applicant is not proposing commercial uses as a part of the proposed development. The timing and phasing of the proposed community is dependent on the approval of the rezoning, land use, and site plan. In order to determine a rough estimate of the development of the site, we will assume that the project will receive final approval in September 2002. Once 'final approval is obtained, the applicant will immediately begin the permitting process. The applicant will begin to clear and develop the property in March 2003. Development of the units will begin shortly after the clearing. Population, Water, & Sewer Comparisons The following table compares the demand for water and sewer based on the square footage allowed under the existing land use and zoning against the proposed land use and zoning. This demand was estimated using the standards adopted by the Palm Beach County Health Department when determining the potential impact of development. In order to determine the impact of the residential development we used the 2000 Census data of 2.26 persons per household. In addition, we used the 2001 LOS for the City of Boynton Beach. Infrastructure Information Water Provider Level of Service Current Maximum Demand City of Boynton Beach 20.0 gallons per capita per day 22,372 gallons/day (3.21 ac X 43,560 sq. ft. X .40 Building coverage x 4 stories x .1 ) Proposed Maximum Demand ;29,018 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200) (62 DU's) Proposed Actual Demand (54 24,408 gallons/day (54 X 2.26 PPH X 200) OU's) Proposed Change +2,036 gallons/day The Harbors Page 2 of 4 June 5, 2002 Wastewater Provider City of Boynton"Beach Level of Service 90 gallons per capita per day 22,372 gallons/day (3.21 AC X 43,560 SQ FT X .40 Building coverage Current Maximum Demand x 4 stories x. 1 ) Proposed Maximum Demand 13,058 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 90) (62 DU's) Proposed Actual Demand (54 10,983 gallons/day (54 X 2.26 PPH X 90) OU's) Change - 11,389 gallons/day Nuisances The existing land use of the subject property is Local Retail Commercial and the existing zoning district is Community Commercial (C3). The existing land use and zoning are not compatible with the residential nature of the area. To the north of the subject property are several different uses. Along the eastern portion of the northern property line are the Las Palmas Park and the Las Palmas Landing single-family residential community. These two communities have a land use designation of Low Density Residential (LDR) and are located within the R1AA (Single Family) zoning district. Along the western portion of the northern property line are commercial properties and a existing gas station. These properties have a future land use designation of Local Retail Commercial and are located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is a vacant property that has a Future Land Use designation of Recreational and is located within the Recreation (REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot ROW). The existing land use and zoning is not compatible with the surrounding residential nature of the area. Over the years the subject property has received numerous complaints from the surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub and restaurant. Once the park to the south is completed, the existing use could potentially disrupt the activities occurring in the park. The applicant is propo;i~g to change the land use of the subject property to Special High Density Residential. The applicant is also proposing to change the zoning designation to IPUD (Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The proposed residential use is more consistent with the residential uses to the north and the proposed park use to the south. The proposed site plan submitted with this justification statement shows a 52-foot setback along the northern property line where the ~,ubject property abuts the existing residential. Approval of the proposed land use plan amendment and rezoning will eliminate the incompatibility of uses currently occurring in the area surrounding the subject property. The Harbors Page 3 of 4 June 5, 2002 Site Plan The site plan dated June 5, 2002 submitted ~vith this justification sfatement shows a total of 54 three (3)-story town homes on a total of 3.21 acres. Each of the 54 town homes has a two-car garage. In addition the site plan shows a total of 13 additional parking spaces for guest parking. When designing the site plan the applicant relied upon the draft code language for the Infill Planned Unit Development (IPUD) zoning distriot. This zoning district applies to properties located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on the subject property. This structure will be less then the maximum height of 45-feet. The IPUD district also has maximum lot coverage of 50%. The proposed site plan has building lot coverage.less than 50%. Along with the rezoning application, the applicant is proposing to change the land use designation to Special High Density Residential. This designation allows a maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54 dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with the proposed land use designation. The minimum open space requirements for properties within the IPUD zoning district are 100 square feet per dwelling unit. The proposed site plan submitted with this justification statement shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit. There are several different buffers proposed around the perimeter of the site. The applicant is proposing two different buffers along the northern portion of the subject property. Along the portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer. · Along the remaining portion of the northern property line the applicant is proposing a five (5) buffer. At the pre-application meeting the City Staff requested that the existing vegetation along the northern property line, adjacent to the single-family homes, remain in place. Therefore the applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut out and a tree will be placed in the vacant area. The applicant is not proposing a buffer, along the eastern property line due to the fact that it is adjacent to the Intracoastal Waterway. The applicant is proposing a five (5) foot buffer along the southern property line. There is also a buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer along Federal Highway. This will sufficiently buffer the future residents of the community, while increasing the amount of landscaping along Federal Highway. The proposed plan shows a large .20-acre recreation area on the eastern section of the property. This allows all of the residents of the proposed community to have access and to enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the applicant to use the existing pool and "Tiki" bar structure located on the site. The property is structured so that most of the units front on a "paseo" area. This area will provide for guest entrance in to..each of the units and create an intimate atmosphere between the units. In South Flodd~ today, we are use to seeing the garage as the predominate feature on the front of residential structures. The proposed homes have the garage in the back of the units. Each of the garages will be access via an 18-foot access way. Based upon the above and the attached information, the Petitioner respectfully request approval of this peb'tion. N:~Project Files~38~389.53\The Harbors LUPA, Rezoning, & Site Plan Approval Just Stat. doc File: 389.53A, 53B The Harbors Page 4 of 4 June 5, 2002 DEVELOPMENT DEPART3IENT PLAN~-ING &' ZONING DIVISION blEblOICANDUM NO. PZ 02-162 TO: FROM: Chairman and Members Community R~ment Agency Board Dick Hudso ,~{tr~or Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: August 25, 2002 Project/Applicant: PROJECT DESCRIPTION The Harbors/Centex Homes Agent: Jennifer Morton of Land Design South Owner: SCHGAI, Inc. Location: 2300 N. Federal Highway (Caf~ La Notre) File No: Land Use Amendment/Rezoning (LUAR 02-005) Property Description: Developed property consisting of_+3.21 acres, classified Local Retail Commercial (I.RC) and zoned C-3 Community Commercial Proposed change/use: To reclassify the subject property from Local Retail Commercial (LRC) to Special High Density Residential (SHD-20 alu/ac), and rezone from C- 3 Community Commercial to Infill Planned Unit Development (IPUD) in order to redevelop with 54 fee-simple townhouses. Adjacent Land Uses and Zoning: North: To the northeast, developed (Las Palmas) single family homes classified Loxv Density Residential (LDR- 4.84 du/ac) and zoned R-1-A.A Single Family Residential and to the northwest, developed commercial land (gas station) classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. South: Vacant land, currently, being developed as Intracoastal Park, desig-nated Recreational (R) and zoned REC Recreation. · . East: Intracoastal Waterway West: Rights-of-way of Federal Highway and the Florida East Coast Railroad, then developed commercial property classified Local Retail Commercial (LRC) and zoned C-2 Neighborhood Commercial. Page 2 File Number: LUAR 02-005 The Harbors PROJECT ANALYSIS Chapter 163, Florida Statutes requires that in order for an amendment to the Future Land Use Map to qualify as a "small-scale" amendment, the property, must be less than I0 acres in size. If the amendment involves a residential land use, the density must be 10 dwelling units or less per acre. An exception to the density limitation is permit-ted if the property is in an area desig-nated in the comprehensive plan for urban infill, urban redevelopment or downtown revitalization. Even though the requested density for the site is greater than I0 du,/ac, the parcel is less than 10 acres in size, is located within the expanded Community Redevelopment Area, and would be considered an urban redevelopment project. The subject property contains +3.21 acres, and therefore qualifies as a "small-scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The eight criteria used to review Comprehensive Plan amendments and rezonings are listed in Article 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. g/hether the proposed land use amen&nent/rezoning would be consistent with applicable comprehensive plan policies including but not Hmited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach Cottnty Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Under its present land me designation and zoning category, the properly could be redeveloped for residential use at a density of 10.8 dwelling units/acre for a total of 34 units. The applicant is requesting an increase of 20 units and therefore falls below the density requiring risk management review; however, staff would recommend that all home-buyers in the development be made aware of the fact that they are buying property in a hurricane evacuation zone. Policy 1.19.1 of the Land. Use Element provides a definition of the Special High Density Residential land use classification, limits the use of the designation to the Coastal Area of the city and states that the maximum gross density is twenty (20) dwelling units per acre. Policy 1.13.3 states, "The City shall continue to encourage infill development and redevelopment by implementing act. ions o~the Boynton Beach 20/20 Redevelopment Master Plan, and the policies contained in the Coastal &[anagement Element." The adoption of the Infill Planned Unit Development CIPUD) regulations was a direct response to the cited policy directions as well as policy directions in the Federal Highway Corridor Community Redevelopment Plan. The introduction to the regulations states: "It is a basic pubHc expectation that landowners requesting the use of the £PUD district will develop design standards that exceed the standards of the basic Page 3 File Number: LUAR 02-005 The Harbors development standards in terms °f site design, building [zi'chitecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, i~tcluding but not limited to requirements for par/a'ng spaces, parking lot attd circulation design, and setback, s, will be dependent on how well the above stated planning expectations are expressed itt the proposed development plan." While both the land use amendment and rezoning are consistent with policies contained in the Future Land Use Element of the Comprehensive Plan, the master/site plan for the proposed development, which must be adopted simultaneously with the zoning desig'nation, lacks minimum design attributes necessary for consistency with the cited requirements of the 2UD regulations. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. In this portion of the Federal Highway Corridor, there are a number of properties desig'nated High Density Residential, interspersed with city owned lands designated for Recreational use. The requested amendment would not create an isolated or unrelated district. Rather, it is the existing Local Retail Commercial designation extending to the Intracoastal Waterway that forms an isolated and unrelated district. c. Whether changed or changing conditions make the proposed land use amendment/re, zoning desirable. A number of changed and changing conditions make the proposed land use amendment and rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by the City Commission on May 15, 2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown and general economic expansion." In response to this strategy, the city adopted amendments to the land development regulations, adding the Infill Planned Unit Development ([PUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the [PUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal High~vay corridor from the north city limits to the Boynton (C-16) Canal, arid.fi'om Woolbr/ght Road to the south city limits. The ~LrD zoning district regulations are relatively flexible in order to encourage developer creativity, including townhouse developments on small in.fill and redevelopment parcels. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, particularly in urban areas. Page 4 File Number: LUAR 02-005 The Harbors d. Whether the proposed use would be compatible with utilil? systems, roadways, and other public facilities. Comparisons of water and sewer demands, provided by the applicant, shot,,' that the proposed use of the property will potentially increase water demands by slightly more than 2,000 gallons per day, yet decrease ~vastewater usage by over 11,000 gallons per day (see Attachment "B"). The traffic generation statement, that accompanied the application, states that the vested uses on the site generate 1,815 daily trips, while the proposed use equates to 378 trips per day. With respect to solid waste, the Solid Waste Authority has stated, ~vithin a letter dated December 15, 2001, that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed in detail as part of the review of the site plan, and must satisfy all requirements of the city and local drainage permitting authorities. g/hether the proposed land use amen&nent/rezoning would be compatible with the current and future use of adjacent and nearby'properties, or wo,dd affect the property vat,es of adjacent or nearby properties. The proposed land use amendmenffrezoning is compatible ~vith the current and future use of adjacent properties. It is the existing use of the property and the array of commercial uses that could be placed on the site if it were redeveloped under the Local Retail Commercial designation, that create incompatibilities. f Whether theproperty isphysically and economically developable under the existing zoning. The property was developed as a restaurant many years ago, and recently applied for a conditional use permit to operate as a nightclub. g. Whether the proposed land use amendment/rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. With proper development, the site could be an example of the type of redevelopment and infill project that will help to underpin the redevelopment efforts in the Federal Highway Corr/dor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether thdre are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are very few residentially designated sites in the City that provide opportunities for small to medium-sized developments of this type. 'CON(SLUSIONS/R.ECOMMEtN'DATIONS . - As indicated herein, the requested land use amendment and rezoning are consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compahble with adjacent land uses and will contribute to the overall economic development of the City. In light of the fact, however, that even after numerous meetings and discussions with City staff, the applicant has failed to provide an adequate interpretation of the zoning regulations and has proposed a master/site plan that provides less than the basic amenities, mediocre building architecture, almost no landscape design and seeks only to crowd the site with more dwelling units than the site planner is capable of Page 5 File Number: LUA_R 02-005 The Harbors placing on the site in a reasonable design, staff recommends that the s~b. ject request be denied. Should the Communi .iT Redevelopment Agency Board and the City Commission recommend approval, any recommended conditions of approval will be included as Exhibit "C". ATTACHMENTS $ ~.SHRDATA~Ph~nnin{'SHAP,,ED\W'PPRO,IECT$',The H~bars~LL'AR 92-OOS'~STAFF P, EPORT doc Location Map Attachmen[ "A" ...... , /63~~_ ...... SITE i.__.J LA~-PALMAS. P_ARK ~- E~EC.__ ~REC LAKE WORTH ICWW 300 0 300 600 Fse~ LAND i LcnC$ccDe Archltec flare ,OUTH The Harbors Land Use Amendment, Rezoning, & Site Plan Approval Justification Statement Request The purpose of this Justification Statement is to request a Land Use Amendment, a Rezoning, and site plan approval for the subject property. The applicant is requesting to change the land use from Local Retail Commercial to Special High Density Residential and the zoning from Community Commercial (C3) to Infiil Planned Unit Development (IPUD). On behalf of the Petitioner, Land Design South of Florida, Inc. is requesting a land use amendment, rezoning, and site plan approval of a 3.21-acre property with 54 upscale town homes. The subject property is generally located on the southeast corner of Federal Highway and Gateway Boulevard. Site Characteristics · The 3.21-acre property currently has a Future Land Use designation of Local Retail Commercial and is located within the C3 (Community Commercial) Zoning District. As previously stated, the applicant is proposing to change the Future Land Use designation to Special High Density Residential and rezone the property to IPUD (Infill Planned Unit Development). The subject property is currently being used as a nightclub facility. There is an existing two-story 20,679 square foot building located on the eastern most portion of the site. The remaining portion of the site is used predominately for parking. In determining the impacts of the site we compared the maximum development potential at the existing land use and zoning to the maximum development potential at the proposed land use and zoning. We also accounted for what the applicant is actually proposing. There are several different uses surrounding the subject property. There are two (2) different uses which border the subject property to the noah. Along the eastern section of the northern property line is the Las Palmas residential community. This property has a Future Land Use Designation of Low Density Residential (LDR) and is located within the RIAA zoning district. Along the western portion of the northern property line is a gas station. This property has a future land use designation of Local Retail Commercial and is located within the C3 zoning district. To the east of thi~ subject property is the Intracoastal Waterway. To ~he south of the subject property is the proposed Boynton Beach City Park. This property has a future land use designation of Recreation and is located within the Recreation zoning district. To the west of the subject property is Federal Highway (94-foot Right-of-Way (ROW)) and the Florida East Coast (FEC) Railroad ROW (100-foot ROW). To the west of the FEC ROW are several residential properties. Due to the fact that there is over 194-feet of separation between the subject property and the properties to the west, the applicant did not consider the impacts of the -~roposed community on these properties. The Harbors Page 1 of 4 June 5, 2002 Proposed Impacts The subject property can currently be developed with either ~ommercial or residential development. After the proposed land use amendment and rezoning the property will be allowed to be developed mainly as a residential use, with limited commercial use. The following table identifies the development scenarios under the existing land use and zoning as well as the proposed. Existing Land Use & Zoning Proposed Land Use & Zoning LRC/C3 SHDPJIPUD Maximum Development Potential 223,724 Sq. Ft. of Commercial 64 OU's & 34 OU's Proposed/Existing Development 20,679 Sq. Ft. of Commercial 54 DU's The existing zoning designation does not allow the development of fee simple townhomes. In order to develop the site the applicant has to rezone the property to the IPUD designation. The IPUD district is only allowed in the Special High Density Land Use designation. Therefore the applicant must also change the land use. With the new zoning and land use there is a limited amount of commercial that is allowed along Federal Highway. The applicant is not proposing commercial uses as a part of the proposed development. The timing and phasing of the proposed community is dependent on the approval of the rezoning, land use, and site plan. In order to determine a rough estimate of the development of the site, we will assume that the project will receive final approval in September 2002. Once 'final approval is obtained, the applicant will immediately begin the permitting process. The applicant will begin to clear and develop the property in March 2003. Development of the units will begin shortly after the clearing. Population, Water, & Sewer Comparisons The following table compares the demand for water and sewer based on the square footage allowed under the existing land use and zoning against the proposed land use and zoning. This demand was estimated using the standards adopted by the Palm Beach County Health Department when determining the potential impact of development. In order to determine the impact of the residential development we used the 2000 Census data of 2.26 persons per household. In addition, we used the 2001 LOS for the City of Boynton Beach. Infrastructure Information Water Provider City of Boynton Beach Level of Service . 200 gallons per capita per day Current Maximum Demand 22,372 gallons/day (3.21 ac X 43,560 sq. ff. X .40 Buildi'ng coverage x 4 stories x .1 ) Proposed Maximum Demand 29,018 gallons/day (3.21 AC X 20 DU/AC X 2.26 PPH X 200) (62 DU's) Proposed Actual Demand (54 'DU's) 24,408 gallons/day (54 X 2.26 PPH X 200) Proposed Change +2,036 gallons/day h The Harbors Page 2 of 4 June 5, 2002 Wastewater Provider City of Boynton Beach Level of Service 90 gallons per capita per day 22,372 gallons/day (3.21 AC X 43,560 SQ FT X .40 Building coverage Current Maximum Demand x 4 stories x .1) Proposed Maximum Demand 13,058gallons/day (3.21 ACX20DU/ACX2.26 PPHX90) 62 DU's) Proposed Actual Demand (54 10,983 gallons/day (54 X 2.26 PPH X 90) OU's) e - 11,389 gallons/day Nuisances The existing land use of the subject property is Local Retail Commercial and the existing zoning district is Community Commercial (C3). The existing land use and zoning are not compatible with the residential nature of the area. To the north of the subject property are several different uses. Along the eastern portion of the northern property line are the Las Palmas Park and the Las Palmas Landing single-family residential community. These two communities have a land use designation of Low Density Residential (LDR) and are located within the R1AA (Single Family) zoning district. Along the western portion of the northern property line are commercial properties and a existing gas station. These properties have a future land use designation of Local Retail Commercial and are located within the C3 zoning district. To the east of the subject property is the Intracoastal Waterway. To the south of the subject property is a vacant property that has a Future Land Use designation of Recreational and is located within the Recreation (REC) zoning district. The property is proposed for a City of Boynton Beach Park. To the west of the subject property is Federal Highway (94-foot ROW) and the FEC railroad (100-foot ROW). The existing land use and zoning is not compatible with the surrounding residential nature of the area. Over the years the subject property has received numerous complaints from the surrounding residents due to loud music and the disruptive behavior of patrons to the nightclub and restaurant. Once the park to the south is completed, the existing use could potentially disrupt the activities occurring in the park. The applicant is proposing to change the land use of the subject property to Special High Density Residential. The applicant is also proposing to change the zoning designation to IPUD (Infill Planned Unit Development). The applicant is proposing to construct 54 upscale town homes on 3.21 acres. This results in a gross density of 16.82 dwelling units per acre. The proposed residential use is more consistent with the residential uses to the north and the proposed park use to the so.uth. The proposed site plan submitted with this justification statement shows a 52-foot setback along the northern property line where the 'subject property abuts the existing residential. Approval of the proposed land use plan amendment and rezoning will eliminate the incompatibility of uses currently occurring in the area surrounding the subject property. The Harbors Page 3 of 4 June 5, 2002 Site Plan The site plan dated June 5, 2002 submitted With this justification sfatement shows a total of 54 three (3)-story town homes on a total of 3.21 acres. Each of the 54 [own homes has a ~o-car garage. In addition the site plan shows a total of 13 additional parking spaces for guest parking. When designing the site plan the applicant relied upon the draft code language for the Infill Planned Unit Development (IPUD) zoning district. This zoning district applies to properties located within the Community Redevelopment Area (CRA) that are greater than one (1) acre in size and smaller than five (5) acres. The applicant is proposing a three (3)-story town home on the subject property. This structure will be less then the maximum height of 45-feet. The IPUD district also has maximum lot coverage of 50%. The proposed site plan has building lot coverage less than 50%. Along with the rezoning application, the applicant is proposing to change the land use designation to Special High Density Residential. This designation allows a maximum density of twenty (20) dwelling units per acre. The applicant is proposing a total of 54 dwelling units on 3.21 acre for a gross density of 16.82 units per acre. This is consistent with the proposed land use designation. The minimum open space requirements for properties within the IPUD zoning district are 100 square feet per dwelling unit. The proposed site plan submitted with this justification statement shows a total of 1.45 acres of open space. This equates to 1,169 square feet per dwelling unit. There are several different buffers proposed around the perimeter of the site. The applicant is proposing two different buffers along the northern portion of the subject property. Along the portion of the property that abuts Las Palmas the applicant is proposing a seven (7) foot buffer. .Along the remaining portion of the northern property line the applicant is proposing a five (5) buffer. At the pre-application meeting the City Staff requested that the existing vegetation along the northern property line, adjacent to the single-family homes, remain in place. Therefore the applicant is only proposing the one (1) tree per thirty (30) feet. The existing hedge will be cut out and a tree will be placed in the vacant area. The applicant is not proposing a buffer, along the eastern property line due to the fact that it is adjacent to the Intraccastal Waterway. The applicant is proposing a five (5) foot buffer along the southern property line. There is also a buffer proposed for the future park to the south. The applicant is proposing a ten (10) foot buffer along Federal Highway. This will sufficiently buffer the future residents of the community, while increasing the amount of landscaping along Federal Highway. The proposed plan shows a large .20-acre recreation area on the eastern section of the property. This allows all of the residents of the proposed community to have access and to enjoy the Intracoastal. The recreation area will have a pool and cabana. It is the intent of the applicant to use the existing pool and "Tiki" bar structure located on the site. The property is structured so that most of the units front on a "paseo" area. This area will provide for guest entrance in to each of the units and create an intimate atmosphere between the units. In South Flodd'~ today;, we are use to seeing the garage as the predominate feature on the front of residential structures. The proposed homes have the garage in the back of the units. Each of the garages will be access via an 18-foot access way. Based upon the above and the attached information, the Petitioner respectfully request approval of this petition. N:~Jmroject Filesk389',389.53\The Hart:Jots LUPA, Rezoning, & Site Plan Al~proval Just Stat. doc File: 389.53A. 53B The Harbors Page 4 of 4 June 5, 2002 XII. - LEGAL ITEt-I A.3 CITY OF BOYNTON BEACI AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3,2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October l, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission with a unanimous vote recommended that the subject request be approved on First Reading. For further details pertaining to this request see attached Department of Development Memorandum No. PZ 02-206. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Merano Bay (LUAR 02-006) Carlos Ballbe, Woodside Land Development Corp. AutoZone, Inc. Southeast comer of Shore Drive and North Federal Highway Request to rezone from Community Commercial (C-3) to Infill Planned Unit Development (IPUD). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI~/ . -N/A D e~l'6i~e nil ~ep a~e nt birector Planning and Zoning l~irector City Attomey/ Finance / Human Resources S:LPlanningXSHARED5WPLPROJECTShMERANO BAY~LUARXAgenda Request LUAR 02-006 Rezone CC 11-19-02.dot S \PlanningLSHARED\WP\PROJECTS\MERANO BAYXLUAR~Agenda Request LUAR 02-006 Rezone CC 11-19-02 dot ORDINANCE NO. 02- O ~'Q:~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORDA, REGARDING THE APPLICATION OF MERANO BAY; AMENDING ORDINANCE 02-013 OF SAD CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-3 (COMMUNITY COMMERCIAL) TO INFILL PLANNED UNIT DEVELOPMENT (IPUD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. .t WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, AutoZone, Inc., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Carlos Ballbe, Land Development Corp., pursuant to Section 9 of Appendix A-Zoning, of the lode of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a :ertain tract of land consisting of 1.75 acres, said land being more particularly described from C-3 (Community Commercial) to IPUD (Infill Planned Unit ~ment), subject to all staff comments; and WHEREAS, the City Commission conducted a public heating on October 15, 2002, and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WItEREAS, during the public hearing the applicant for the Rezoning made representations which were considered and were relied on by the City '.ommission in reaching its conclusions regarding the appropriateness of the proposed The material representations made by applicant are set forth in the minutes of City Co.mmissign meeting/Public Heating conducted October 15, 2002. WItEREAS, the City Commission finds that the proposed rezoning is consistent an amendment to the Land Use which was contemporaneously considered and at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set CA\Ordinances\Planning\Rezoning\Rez°ning - Merano Say.doc forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: A portion of Section 2, according to the Plat of COQUINA COVE, as recorded in Plat Book 24, Page 14, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the centerline intersection of Shore Drive and Ocean Inlet Drive as shown on said plat; thence Southerly along said centerline of Shore Drive and the arc of a curve, said curve being concave to the Northeast, having a radius of 182.40 feet a central angle of 23°23'56", a radial bearing at this point of North 90000'00'' East an arc distance of 74.49 feet to a point; thence South 00°00'00'' East a distance of 50.01 feet to the POINT OF BEGINNING of the hereinafter described parcel, thence continue South 00°00'00'' East a distance if 184.96 feet to a point; thence North 90°00'00'' West along the South line of said ;ection 2, a distance of 290.46 feet to a point on the East line of the parcel described in )fficial Record Book 606, Page 198 and the East right-of-way line of U. S. Highway No. 1; thence North 02054'00" East along said right-of-way line a distance of 20.02 feet to the beginning of a curve concave to the East having a radius of 7,589.49 feet and a central angle of 01°47'46"; thence Northerly along the arc of said curve a distance of 17.87 feet to a point on the South right-of-way line of said Shore Drive; thence South 90000'00'' East along said South right-of-way line, a distance of 202.88 feet to the beginning of a curve concave to the Southwest having a radius of 25.00 feet and a central angle of 76°18'38"; thence Southeasterly, along the arc of said curve a distance of 33.30 feet to the beginning of a reverse curve, having a radius of 207.40 feet and a central angle of 22°29'39"; thence ;outheasterly along the arc of said curve a distance of 81.43 feet to the POINT OF IEGINNING. Containing in all 76,024.186 square feet or 1.745 acres more or less. and the same is hereby rezoned fi.om C-3 (Community Commercial) to I~UD (Planned Unit A-location map is attached hereto as Exhibit "A" and made a part of this linance by reference. Section 3: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby S:\CA\Ordinances\Planning\Rezoning\Rezoning - Merano Bay.doc repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof ~e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 'emainder of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this (o day of MO~t~,~[~.~' ,2002. SECOND, FINAL READING and PASSAGE this __ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk (Corporate Seal) S: \CA\Ordinances\Planning\Rezoning\Rezoning - Merano Bay.doc Location Map Merano Bay EXHIBIT "A" Rt-A R3 LAKE WORTH ICWW DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION" MEMORANDUM NO. PZ 02-206 TO: Chairman and Hembers Community Redevelopment Agency Board FP, OH' Dick Hudso~,~CP Senior Planner THROUGH: Hichael W. Rumpf Director of Planning and Zoning DATE: September 30, 2002 PRO3EPT DESCRIPTION Merano Bay/Woodside Land Development Corp. Carlos Ballb~ AutoZone, :[nc. Southeast corner of Shore Drive and North Federal Highway Land Use Amendment/Rezoning (LUAR 02-006) Vacant property consisting of ~-1.75 acres, classified Local Retail Commercial (LRC) and zoned C-3 Communib/Commercial Requested change/use: To reclassify the subject properb/from Local Retail Commercial (LRC) to High Densi~ Residential (HDR), and rezone from C-3 Community Commercial to ]:PUD - Infill Planned Unit Development in order to construct a 20-unit fee simple townhouse community. Adjacent Land Uses a'nd Zoning: North: Right-of-way of Shore Drive, then developed commercial (Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned C-3 Communib/Commercial. South: Right-of-way of 13oynton (C-16) Canal, then developed single-family residential (Harbor Estates) designated Mixed Use (PIX) and zoned R-I-AA Single Family Residential du/ac). East: Right-of-way of Shore Drive, then developed single-family residential (Coquina Cove) designated Low Density Residential (LDR)(4.84 du/ac) and zoned R-l-AA Single Family Residential (5.4 du/ac). Project/Applicant: Agent: Owner: Location: 'File No: Property Description: Page 2 File Number: LUAR 02-006 >lerano Bay West: Rights-of-way of Federal Highway and the Fiorfda East Cc~'ast (FTC) P. aiiroaC, :~en undeveloped property desionated Local Re~,ail Commercia! krLR'C) and zoneC C-3 Corn'-- ~;-~ Commercial. MASTER PLAN ANALYSZS A master plan is required for all requests to rezone to Planned Unit De,/e!opment (PUD) or Infiil Planned Unit Development ([PUD). For this project, the site plan also functions as the master plan. Generally, staff is in favor of convertino the existing vacant commercial prope~/to a residential use and to increase the overall ai~'owable density to 11.46 dwelling units per acre. However, this exceeds the maximum density of the High Density Land Use Classification. Under its present land use the prope~/ could be developed for the range of commercial uses permitted with the existing Local Retail Commercial designation. This land use designation also allows rezoning to the :[PUD zoning district at a density of 10.8 dwelling units per acre for a total of 18.9 units. The developer requested a chanoe of land use to the H/oh Densib/ Residential, which also has a maximum density of i0.8 d'~,vellinq units per acre, 'whiie a chance to Special High Density Residential land use would allow the necessary 20 dwelling un/ts p'er acre. The City Commission adopted the ?ederal Highway Corridor Redevelopment Plan on Hay 15, 2001 to allow for a variety of housing styles at intensities that will assist in supporting ~he downtown redevelopment. :it also served as a catalyst to encourage redevelopment and infill · development of the eastern portion of the City along Federal Highway and to promote the overall general economic expansion of the City. ]:mplementation of the P/an included an amendment to the Land Development Regulations to create the :[PUD zoning district. This new zoning district allows for a greater variety of housing types in order to redevelop infill parcels, specifically along the Federal Highway corridor. This new zoning district allows for greater flexibility in terms of lot size and setback restrictions. As promulgated in the Comprehensive Plan, all development proposed within the [PUD should exceed the basic development standards of the conventional residential zoning districts. This characteristic should be evident in terms of a project's site design and site amenities. This project represents one of the first requests for the :[PUD zoning district designation. Staff recognizes this circumstance and expects the best possible development, in particular, that this project will set the standard for future :[PUD development~. Staff determined that the layout of the buiidinas, the allocation of back-up space, and the distance between each building are in the optima~ configuration and therefore, exceed the basic development standards. :in conclusion, the proposed site plan does meet the intent of the ]:PUD zoninq district. As previously stated, the subject prQperty would be elioible for 10.8 units / acre or 1~.9 total units if converted to a residential use under the existina ~ommercial land use. The pla'n proposes 20 total units or t-wo (2) additional units over the current maximum allowable number of units. The plan and its configuration of the townhouses buildings satisfy optimal design objectives without forfeiting on any site amenities. Staff is recommending that the rezoning to the ]:PUD zoning district and master/site plan be approved contingent upon the approval of a reclassification to the Special High Density land use classification, which allows the proposed density, or the reduction in units to conform to the maximum density (10.8 units per acre) urrently allowed. Page 3 File Number: LUAR 02-006 hlerano 8ay PRO3ECT ANALYSIS The eight criteria used to review Comprehensive Plan amendments and rezonincs are lis;ad in Article 2, Section 9, Adm/'nistrat/'on and E~,forcemen~, item C. Compre/:,e~,s/ve ,~an Amendments: £ezon/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use ~Slap. ~Vhether the proposed rezoning would be cons/stent ~vith applicable comprehensive plan policies including but not I/m/ted to, a prohibition a~alnsc any increase in dwelling unit density exceeding SO/n the hurricane evacuation zone ~.vithout ~vr/L~en approval o? the Palm Beach County Emergency Planning D/v/s/on and the City's r/'~k manager. The planning department shall also recommend limitations or requirements, ~vh/ch would have to be/reposed on subse~,en: deve/qomen: oF properS/,/n order to comply w/~h po#c/es contained/n the comprehensive p/an. The prope~/in question does lie east of Federal Highway, and therefore is in the hurricane evacuation zone for a Categonf i (Saffir/Simpson Scale) hurricane; however, the applicant proposes to develop a townhouse community of only 20 units, therefore falling below the unit level. Staff would recommend that the developer apprise each homebuyer in the development of the fact that they are buying property in a hurricane evacuation zone and provide a mechanism to disseminate continuing information to residents concerning humcane evacuation and shelters through a homeowners' or residents' association. Policy 1.13.3 of the Land Use Element reads: "The CiG' shall continue to encourage/nfl//development and redevelopment by implementing actions of the Boynton Beach 20/20 Redevelopment/Vaster P/an, and the po#c/es contained in the Coastal IVanagement Element." The adoption of the ]:nfill Planned Unit Development (IPUD) regulations was a direct response to the cited policy directions as well as polio/directions in the Federal/-//ghway Corridor Community Redeve/opm. entP/an. The introduction to the regulations states: "_/'t is a basic public expectation that landowners requesting the use o? the £PUD d/strict wi//develop design standards that exceed the standards o? the basic development standards in terms o? site design, building architecture and construct/on mater/a/s, amen/t/es and landscape design. The extent o? variance or exception to L~asic design standards, inctudin~.F but not 1la/ted to r. equirement$ for parking spaces, perking lot and c.;rculation design, and setbacks, will be dependent on how we//the above stated p/ann/n~ expectations are expressed/n the proposed development plan." The site plan (Exhibit B) for the proposed development will, upon approval, become the master plan for the [PUD, ]:t also meets the basic expectations of the code through the provision of notable architectural character that will be an enhancement to the corridor; convenient and Page 4 File Number: LUAR 02-006 ~Herano Bay adequate parking as well as recreational amenities for residents a~l quests; and landscasinc that is both varied and abundant. ' ' - ?/bather the proposed rezon/~g :vou/d be contrar/ to pa~ern, or would create an / - so/at-~, C/~tr/~t unrelated to adjacen~ and nea:~v dis~'/~ts, or would constitute a grant of ~ec/~/ pr/v/lege to an owner as conL-asted w/th t~e ?roCec:'~n o: t~e ~ubh~ welfare. The proposed rezoning would not create an isolated district, but would relate to the adjacent single-family residential lands to the east and will form a logical transition be.~,veen that lower dens/b/residential development and the commercial development, lying to the north of the subject site, along Federal Highway. c. ~Vhether changed or changing conditions make the proposed rezon/;:g desirable. A number of changed and changing conditions make the proposed rezoning desirable. The Federal Highway Corridor Community Redevelopment Plan, adopted by the Cit'/Commission on Nay 15, 2001, included the following strategy to provide a strong residential base that is aesthetically inviting: "Encoura.qe a varieDy of housin.q. Develop intensity standards that e//o~v £or a variety of housing sty/es and types at intens/~/'es that w/ii ass/st in support,"ng the downtown and genera/economic expans,"on." In response to this strategy, the city adopted amendments to the land development regulations, adding the ]:nfill Planned Unit Development (:[PUD) zoning district to allow a greater range of housing types to be developed on infill parcels, specifically along Federal Highway in the entrance districts. Residential densities for the ]:PUD zoning district can range from 10.8 du/ac to 20 du/ac. The two entrance districts are defined by the redevelopment plan as the areas of the Federal Highway corridor from the north city limits to the Boynton (C-16) Canal, and from Woolbright Road to the south city limits. The IPUD zoning district regulations are relatively flexible in order to encourage developer creativity, including townl~ouse developments on small infill and redevelopment parcels in exchange for a superior residential project that exceeds conventional standards. In addition, the South Florida housing market is experiencing a growing popularity of townhouse developments as a residential unit of choice, 3articularly in urban areas. Whether the proposed use would be compatible with ut/1/b/systems, toad~vavs, and other public fac/l/t/es. ' Development of the prope.d:y for residential use will reduce the demand for water and sewer capacity from the potential demands, if the property is developed with the commercial uses and intensities allowed under the existing land use and zoning. Likewise, utilizing the daily trip generation rate used by the Fair Share Road Impact Fee Schedule, the project is expected to .ave a to~al average trip generation of 140 trips per day. This is far less than the 2,623 trips per Page 5 File Number: LUAR 02-006 Plerano Bay day that 61,000 sq. ft. of commercial space would generate, if the pi"ope~/were developed under its present land use designation. It is also less than the 500 trips per da,/threshold requiring submittal of a traffic impact analysis. With respect to solid waste, the SWA has stated in a letter dated December 18, 200!, that adequate capacil'/exists to accommodate the count/'s municipalities throughout the 10-year planning period. The Palm Beach Counb/School District has reviewed the project for school concurrency and approved it. Lasdy, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfl/all requirements of the city and local drainage pertaining authorities. eo Whether the proposed rezon/ng wou/d be corn, oat/hie w/th t,~.e current and ?uture use of adjacent and nearby properT,/es, or would a~,-ec~ t,~e pro. oerO/ va/ues o£ adjacent or nearby properties. The master plan for the proposed use shows a residential development with easily accessible recreational amenities, attractive elevations and well-designed residences that will have a positive effect on adjacent residential property values. Whether the property is physica//y and econom/ca//y deve/opab/e under the ex/sting zoning. Under its present land use and zoning the property could be developed for the range of commercial uses permitted in the C-3 Communib/Commercial zoning district, fn 1998 a · request for site plan approval was submitted to construct a 7,234 sq. ft. retail commercial building for auto parts sales. The applicant withdrew the application prior to review by the City Commission. Whether the proposed rezoning is ora $ca/e which is reasonab/y rela$ed to the needs of ~he neighborhood and the city as a who/e. The proposed development is exemplary of the type of redevelopment and infill projects envisioned when the IPUD regulations were adopted in that the design well exceeds the requirements of the basic development standards as cited under the response to criterion "a'; above. This and similar.developments will help to underpin the redevelopment efforts in the Federal Highway Corridor and also increase the variety of types and styles of housing to support general economic expansion. h. Whether there are adequate sites e/$ewhere in the c/¢/for the proposed use, in districts where such use is a/ready a//owed. There are very few residentially designated sites in ~he City that provide oppo~unities for small to medium-sized developmen~ of this type. CONCLUSZONS/RECOlq Iq EN DAT]:ON S As indicated herein, this request is consistent with the intent of the Infill Planned Unit Development zoning district; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends that Page 5 File Number: LUAR 02-006 ~,terano Bay the rezoning to the ]:PUD zoning district and master/site plan be a¢l~roved subject to the Conditions of Approval accompanying the site plan, which upon approval, becomes ~he mas~er plan for the ]:PUD, and contingent upon ~he approval of a reclassification r.o the S~ecial Hioh Densib/land use classification, which allows the proposed densib/, or the necessa'r/reduc~on in units as described herein. Zf the Communib/P, ede'/elopmenl: Agency Board or the Cib/ Commission recommends conditions, they ,,,/iii be included within Exhibit "C". ATTACH ~,I E~NTS Location Map Merano Bay EXHIBIT "A" .... -',HE -!5.TJ'%~*,}tE~_:- --- R3 C2, NE 13T~' ~v_¢ J Z ~ N .~_-'¢__,~R ,_ ~ LAKE WORTH 80n 0 800 Feet .. ;, _.' ! EXHIBIT "C" Conditions of Approval Project name: Merano Bay File number: N'WSP 02-014 Reference: ?d Review plans with a Plannin~ & Zonin_~ date stamp markin~ of September 24. 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Minimum backup distance for 90© parking is 24 feet. Revise roadway width X accordingly. 2. Reference FDOT Standard Index 546 for the sight triangles along all collector X and arterial roadways. A 10 feet x 10 feet sight triangle is inadequate for Federal Highway. It is also necessary to check sight distances at the intersection of Shore Drive and Federal Highway to ensure there is no conflict with sight distances and the new privacy wall on the north propert7 line UTILITIES Comment.q: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (see CODE, Section 26-16(b)). In addition, the LDR, Chapter 6, Article IV, Section 16.requires that all points on each building be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants, both existing and/or proposed. 4. A "Hold-Harmless" agreement with the Utilities Department, for maintenance X and repairs, will be required where paverblock is placed within the utility easements. - FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval Comments: 5. All work done within the Federal Highway right-of-way shall require FDOT X approval and permitting. 6. Sheet SP-I of 1 refers to the relocation of several signs and power poles along X Federal Highway. Indicate where the signs will be relocated to and who wil perform the work. All work done within the Federal Highway right-of-way will require FDOT approval and permitting. 7. Indicate to what standard the project is to be constructed; if the FDOT X Standard Specifications for Road & Bridge Construction and Standard Index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 8. Provide written and graphic scales on all sheets. X 9. Sections A-A, B-B, and C-C are indicated on Sheet DI of I but no typical X sections were found in the plan set. I0. Provide a detail for the paverblock driveways. X BUILDING DIVISION Comments: l i. Sheet A-I - Pool House Front Elevation - shows a water feature and floor X plan shows a drinking fountain. Clarify. Drinking Fountain shall comply with 2001 Florida Buildin~ Code, Section 11-4.1.3 (10)(A). PARKS AND RECREATION Comments: 12. The Park and Recreation Facilities Impact Fee requirement for Single Family X Attached Homes is based on $771 per unit. Since there are 20 single family attached homes shown on the plan, the fee is computed to be $15,420 ($ 771 x 20 units). Fee is due at the time of the first applicable building permit. FORESTER/ENVIRONMENTALIST Comments: 3. The applicant should provide a tabular summary on sheet L-I showing that X the site contains a minimum of 50% native species. All trees must be minimum of 12 feet in height. Revise plans. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 14. Approval of this site plan is contingent upon the approval of rezoning to Infill X Planned Unit Development (IPUD) and the removal of two (2) units or a subsequent reclassification to the Special High Density land use classification which allows the proposed density. 1.5. The site plan tabular data indicates that the total pervious area is 0.74 acres or X 42.7% of the total site. Likewise, the tabular data indicates the setbacks for concrete patios for each townhouse, which can be built out in the future. In the tabular data, provide the pervious area if all townhouses built concrete patios pursuant to the PUD's self-imposed restrictions. In addition, on the site plan, outline the area (in a soft dashed line) of the patio area if developed according to the maximum allowable restrictions. 16. If a fence is required around the pool/clubhouse area, provide a detail of the X fence including the dimensions, material, and color (Chapter 4, Section 7.D.). 17. Fifty percent (50%) of site landscape materials must be native species. X Indicate the percentage amount of native material in the plant list of the landscape plan (Chapter 7.5, Article Pt', Section 5.P). 18. Coordinate with the City Forester/Environmentalist regarding the installation X of brick pavers and palm trees within the U.S. 1 right-of-way. 19. Staff recommends placing a Palm Tran bus shelter along Federal Highway. X The shelter dimensions are typically six (6) feet in width by nine (9) feet in length. If a bus shelter is located nearby, staff would also recommend collaborating with Palm Tran and the affected property owner (FDOT) in order to upgrade the facility. 20. No signage was submitted with these plans. Any proposed sign will require X separate review and approval by the CRA Board. 21. Provide a note on the plan stating that the proposed buffer wall will be X painted to match the color of the buildings. 22. On the elevation sheet label all major exterior finishes to include the X manufacturer's name and color code. 23. A 24-foot backup is required for units 1 and 20. A waiver is required. X 24. Staff recommends additional landscaping consistent with the overall X landscape plan at the end of the buildings to enhance the buildings facade as seen from adjacent residential properties to the east. 25. To fully maximize the two (2) spaces provided in front of the buildings, staff X recommends adjusting the landscape material to allow a two (2) foot overhan~. ' Conditions of Approval 4 DEPARTMENTS ADDITIONAL COMMUNITY REDEVELOPMENT BOARD AGENCY CONDITIONS Comments: 26. Any proposed wall within the development shall be C.B.S. only. 27. Increase the proposed garage openings to nine (9) feet in width. 28. Increase the central green area around the pool to accommodate more landscaping while maintaining minimum turning radius. 29. Enhance the side elevations of units #1 and #20 adjacent to North Federal Highway with the same architectural elements found on front facades 30. Enhance the rear elevations of buildings #1,//2 and #4 with similar features (i.e., balconnettes, balustrades, mouldings, etc.) found on front facades. 3 I. Extend the base score line around the end facades of the purposed buildings. 32. Staff to coordinate with the applicant the details of the waiver for the driveway dimension on units #i and #20. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I. Omit #26 and #27. INCLUDE X X X REJECT X X X X X S:\Planning\SHAR ED\W P\PROJ ECTS~MERANO BAY~NWSP\COA.doc XII. - LEGAL ITEM B.1 CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3,2002 [] September 17, 2002 Date Final Form Must be Turned in to City Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15, 2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Turned in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Legal, Ordinances - First Reading. The City Commission with a unanimous vote, recommended that the subject request be approved under Public Hearing, subject to staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-211. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Nautica Right-of-Way (ABAN 02-002) Michael Rodriguez, Esq. Sachs, Sax, & Klein, P.A. Nautica Homeowner's Association Nautica PUD at Lawrence Road Request for abandonment of the Nautica Boulevard right-of-way to be replaced by a dedicated access and utility easement in the Nautica PUD. PROGRAM IMPACT: N/A FISCAL IMPACT: ·-N/A ALTERNATIVES: -- N/A D e v e 1o prfi~n~' D e~:7-n'~i I3i~'ector C~ty Manager s Signature Planning and Zoning 12~ie~tor City Attorney / Finance / Human Resources S:LPlanning~SHARED\WP~PROJECTSXNAUTICA~ABAN 02-002X, Agenda Item Request Nautica Right-of-Way (ABAB 02-002) 1st reading 11-19-02.dot S:~BULLETINLFORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, AUTHORIZING ABANDONMENT OF THE NAUTICA BOULEVARD RIGHT-OF-WAY, INCLUDING A PORTION OF BERMU'DA SOUND RIGHT-OF-WAY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE REPLACED BY A UTILITY EASEMENT FOR THE ENTIRE ABANDONMENT, AND DEDICATED ACCESS EASEMENT FOR A PORTION OF TRACT "B"; AUTHORIZING EXECUTION OF A DISCLAIMER, WHICH SHALL BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; AND PROVDING AN EFFECTIVE DATE. WHEREAS, the applicant, Michael A. Rodriguez, Esq., agent for Nautica Homeowners Association, has requested the abandonment of Nautica Boulevard right-of- way, which also includes a small portion of the Bermuda Sound Way right-of-way; and WHEREAS, this abandonment will be replaced by a utility easement on the entire right-of-way and an access easement for the following parcel: That portion of Nautica Boulevard, Tract "B", in its entirety, adjacent and abutting tract "D" Nautica P.U.D. under the control of Nautica Homeowners Association, as recorded in Plat Book 74, Page 174 of the Public Records of Palm Beach County, Florida. WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Planning and Development Board and the City Commission on the proposed abandonment; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and inco.rporate, d herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida by and through its City Commission, in return for the requisite access and utility easements, does hereby abandon the 80-foot wide right-of-way (Tract "B"), including that small portion of Bermuda Sound Way, and more particularly set out in the Location Map, sketch and legal description attached as composite Exhibit "A", and subject to the Conditions of Approval as attached in Exhibit "C', and all other staff comments. ;:\CA\O rdi nances~Abandon ments\Nautica Abandonment.doC Section 3. Execution is hereby authorized and the City Clerk shall be directed to deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this __ day of November, 2002. SECOND, FINAL READING AND PASSAGE THIS 2002. day of December, CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner kTTEST: Commissioner City Clerk ;:\CA\Or clina nces~Abandon ments\Nau ~ca Abarldonment.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon the Nautica Blvd. right-of-way, more particularly described herein: That portion of Tract "B" (Nautica Boulevard) - Nautica P.U.D. - Plat One, according to the Plat thereof, as recorded in Plat Book 74, Pages 170 through 175 of the public records of Palm Beach County, Florida, lying in Section 13, Township 45 south, Range 42 East; said lands lying in the City of Boynton Beach, Palm Beach County, Florida, and containing 190,260 square feet (4.37 acres), more or less. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ~ day of ., 2002. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito Interim City Clerk Kurt Bressner, City Manager STATE OF FLORIDA COUNTY OF PALM BEACH ) )SSi ) BEFORE ME, the undersigned authority, personally appeared KURT BRESSNER and JANET PRAINITO, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. S :~CA\Ordinances"~,,bandonrnents\Nautma Abandonment.doc of WITNESS my hand and official seal in the said State and County this __ ,2002. NOTARY PUBLIC, State of Florida My Commission Expires: day S :\CA\Ordinances~a, bandonments~NautiCa Abandonment.ctoc EXHIBIT "A" That portion of Tract "B" (Nautica Boulevard) - Nautica P.U.D. - Plat One, according to the Plat thereof, as recorded in Plat Book 74, Pages 170 through 175 of the public records of Palm Beach County, Florida, lying in Section 13, Township 45 South, Range 42 East; said lands lying in the City of Boynton Beach, Palm Beach County, Florida and containing 190,260 square feet (4.37 acres), more or less. S :~CA\Orclinances~ban cionment s'~Nautica Abandonment.doc Location Map Nautica Abandonment EXHIBIT "A" AG BAHIA WAY SURVEY NOTES: I. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS AND DISTANCES SHOWN HEREON ARE PER THE PLAT OF NAUT1CA P.U.D., PLAT ONE WITH A REFERENCE BEARING OF NORTH 89°25'34'' WEST ALONG THE NORTHERLY MOST NORTH RIGHT OF WAY LINEOF NAUTICA BLVD. 4. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH 5. SEE SHEET 2 OF 6 FOR LEGEND 6. THE 'LAND DESCRIPTION" HEREON IS IN ACCORDANCE WITH THE INSTRUMENT OF RECORO 7. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORDS AND ODES NOT CONSTITUTE A FIELD SURVEY AS SUCH. LAND DESCRIPTION: TRACT "B", NAUTICA P.U.D. - PLAT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 8OOK ?4, PAGES 170-175 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 13, TOWNSHIP 45 SOUTH, RANGE 42 EAST: SAID LANDS LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAINING 190,260 SQUARE FEET (4.37 ACRES), MORE OR LESS. CERTIFICATE i HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION AS DELINEATED UNDER MY DIRECTION ON JANUARY 3, 2002. i FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE M[NI MLIM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61GI7-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECTiTO THE QUALIFICATIONS NOTED HEREON. / KEITH AND SCHNARS, P.A. / ENGINEERS-P~CClNERS-SURVEYORS BY: ROBERT K. KRISAK, P.S.M. FLORIDA REGISTRATION NO. 4641 SKETCH OF DESCRIPTION NAUTICA BOULEVARD TRACT "B", NAUTICA P.U.D. (PB 74, PG. ITO-175 P.B.C.R.) CITY OF BOYNfON B£ACH PALM B£ACH COUNTY, FLORIDA /SCALE s,oq I /CHK. BY "'*'~'1 REVISIONS KEITH AND SCHNARS, i SHEET NO. I OF--6 9,LEIS DRAWING NO. 16937L- SEE SHEET 4 O= 6 (PB 74, PGS ' x~ (x-~, 170-175 P.B.C.R. ) ~ ~ ~ ~C C ¢ I0' UTILITY I i i ~ 25' SUFFER o EASEMENT ~ ~ -- mz MAINTENANCE~ . - ~ MAINTENANCE ~ - ' EASEMENT(P'i ; I MA I NTENANCE EASEMENT ~ I = ~, ~ - EASEMENT (P) , ~ I ~ , 20' UT[LITY EASE~NT j~ ............ T-- (O.R.B. 6099, PG. 1506] ~o 20' UTILITY EASEMENT ~3' F.P.L. EASEMENT (O.R.B. 6144, PG. 256) SKETCH OF DESCRIPTION DATE o,-o]-o~ DA~E R[V,S,ONS~KgITN AND SCHNARS, NAUTtCA BOULEVARD SCALE AS SHOWN "~lJ~ L, (PB 74, PC. 170-175 P.B.C.R.) DWNG. BY [.H.G. SHEET NO. $ OF 6 SHEETS P~LU eEOC, COUNT~.FLO~O* CHK. BY R.K.K. ORAWING NO. ~6937L 5O 0 5O ~IiIiIiIi~ GRAPHIC SCALE (LOT LINES NOT SHOWN) / / / / / %' xX*-,"' - % I~1 MATCH L [ NE SEE SHEET 5 OF 6 I0' UT[LITY~ EASEMENT L ] MI '['E[3 AC£ESS ~ FASF_MENT ~ ./ / / / / / / / / / I UTILITY EASEMENT (P l cod j,fl~l I 5' LIMITED ACCESS ~ EASE~NT (PI <LOT TRACT "8", NAUT[CA (PB 74, PO ~70, P.B.C.R. ) LINES NOT SHOWN) SKETCH OF DESCRIPTION NAUTICA BOULEVARD TRACT "8% NAUTICA P.U.D. (PB 74, PG. 170-175 P.B.C.R.) CITY OF 80YNION 8E~CH P/~LM 8EAEH COUNTY, FLORIOA ISCALE / /FIELO BI~. N/A / /ow,c. BY ,.,.°. / ICHK. BY R'K'~'/ REVISIONS =~KEITH AND SCHNARS, ~ SHEET NO. 4 _OF 6 SHEETS I I DRAWING NO. 16937L- Jj iO' UTiLiTY EASEMENT (P) 5' LIMITED ACCESS EASEMENT (P) MATCH LINE SEE SHEET 4 ~OF Z (LOT LINES NOT SHOWN - iQ' JT[L!Tr EASEMENT 50 0 50 GRAPHIC SCALE TRACT "B", NAUTICA P.U.D (PB 74, PG 170-175, P.B.C.R. LIMITED ACCESS EASEMENT (P) LOT L [ NES NOT SHOWN ) SKETCH OF DESCRIPTION DATE Ol-O]-O2 DATE REVISIONS AND $CHNAI $, P,A. NAUTICA BOULEVARD SCALE AS SH0Ylfl TRACT "B", NAUTICA P.U.D. FIELD BI(. N/A (PB 74, PG. 170-175 P.B.C.R.) OWNG. BY T.H.G. SHEET NO. 5 OF 6 ~.HEEIS Ctr¥ OF BOYNTON BEACH PALM BEACH £OUNTY, FLORIDA CHK. BY R.K.I(. DRAWING NO. 16937L' 50 0 50 GRAPHIC SCALE MATCH L [ N£ SEE SHEF~/T 5 OF / iO' UTILITY EASEMENT (P I ~ 5' LIMITED ACCESS EASEMENT TRACT L3 EASEMENT (P) ~ I .... I i IO BUFFER 20 LAKE ~ ~ ~ 1- ' MAINTENANCE ] I I CASEMENT EASEMENT ~ I I I I 20' LAKE - I I I I' --20' LAKE MAINTENANCE S I O~A~ _~ J , , I MA IN ~ENANCE EASEM~N/ ~ EASEMENT (P~ ~ / I EASEMENT '(O.R.B:'60~9, PO. 1506) NO2 OB'2 E 8] NO2*OB'27"E ~J .... ~-T~N'~'~EAD 2656.03' i3' F.P.L. EASEMENT EXHIBIT "C" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-of-way DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 1. A utilities easement encompassing the entire Nautica Boulevard right-of-way X shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recording of the abandonment. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERffENVIRONMENTALIST Conditions of Approval I DEPART:X, rENTS I INCLUT)E REJECT Comments: None X PLANNING AND ZONING 2. To ensure the intended use and maintenance of abandoned right-of-way for X private access purposes, the appropriate documents(s) or plat shall be amended accordingly. 3. Project will require approval of Florida Power & Light and BellSouth X Telecommunications Inc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 4. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S :\Planning~HAR ED\W P\P ROJ ECTSV,,IAUTICA'~ABAN 02-002\COA.dcc TO: THRU' FROM: DATE: SUBJECT: DEVELOP.MENT DEPARTMENT MEMORANDUM NO. PZ 02-211 Chairman and Members Planning and Development Board Michael W. Rumpf Planning and Zoning Director Eric Lee Johnson, AICP Planner October 3, 2002 Nautica PUD Right-of-way Abandonment ABAN 02-002 NATURE OF REQUEST: This request to abandon a public right-of-way was submitted on May 15, 2002. The applicant, Michael A. Rodriguez, Esq. agent for Nautica Homeowners Association, is requesting to abandon the Nautica Boulevard right-of-way (Tract "B"). The abandonment will also include a small portion of the Bermuda Sound Way right-of-way. The plat shows that this portion of Bermuda Sound Way is a component of Tract The entire right-of-way of Nautica Boulevard (including that small portion of Bermuda Sound Way) as shown on the surveywill be converted to private road and the Home Owners Association will grant to the City, a utility easement over that roadway for utility and maintenance purposes. In addition, the portion of NautJca Boulevard that directly abuts the City park (Tract "D") will be coverted to a private roadway and granted to the City, both as a utilty easement and as an access easement. The attached Exhibit "B" shows the location of the applicant's property and includes a diagram of the specific rights-of-way to be abandoned. BACKGROUND: The 80-foot wide right-of-way (Tract "B") currently functions as the primary means of ingress / egress to the residents of Nautica PUD. The Home Owners Assocation of Nautica PUD has expressed future interest for possible roadway improvements (such as the installation of speed humps) as well as increased security measures (gated entranceways). Nautica Boulevard, a loop road, directly connects to Lawrence Road at two different points. ADJACENT USES: (see Exhibit "A" - Location Map) North: South: Nautica PUD Plat One, City of Boynton Beach Park (Tract "D") Nautica PUD Plat Two East: West: Lawrence Road right-of-way Nautica PUD (Recreation Tract) Page 2 Memorandum No. PZ 02-211 ABAN O2-O02 ANALYSIS: If the abandonment is executed, both halves of the 80-foot wide right-of-way of Tract "B" would be deeded to the HOA, except for the half (40-feet) directly adjacent to Tract "D" (City park). This half (abutting the public park) would be owned by the City. However, the City would then Quit- Claim this half back to the HOA so that the HOA would maintain the right-of-way. Finally, the 80-foot wide right-of-way (only abutting Tract "D") will serve as a utility easement and also as an access easement. Converting Nautica Boulevard (Tract "B") to a utility easement will allow for service and emergency vehicles to access the roadways / utility infrastructure if the need arises. An access easement, however, would only allow the public to access the City park (when the park is developed). The HOA submitted the necessary documents to abandon the right-of-way and convert it to a utility easement / access easement. It is staff's understanding that the Homeowners Assocation (HOA) of Nautica PUD wants to convert the Nautica Boulevard right-of-way from a public road to a private road in order to facilitate possible future improvements within the right-of-way (such as gating the entranceways or installing speed humps). Any future consideration for gating one (1) or both of the development's main entrances or to install traffic calming devices would require separate staff review. This staff report neither addresses nor anlyzes the gating of the entranceways or the installation of traffic calming devices, tf this abandonment is approved, a master plan modification to the Nautica PUD would be required should the HOA request these major types of improvements. With consent from staff, a private road within a residential subdivision, such as Nautica Boulevard, could be closed off to the public provided that fire and emergency ingress / egress is maintained. The following responses were received from the affected parties: CITY DEPARTMENTS Engineering Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light - Bell South - Florida Public Utilities Company - Cable Company (Adelphia) - Cable Company (Comcast) - Approval with conditions (see Exhibit "D") Approval with conditions (see Exhibit "D") No objection No objection N/A RECOMMENDATION: Staff recommends that this request to abandon the right-of-say be approved, subject to the comments included in Exhibit "C" - Conditions of Approval. Any additional comments recommended by the Planning and Development Board or by the City Commission will be placed in the Conditions of Approval. xc: Central File S ',Planmng~SHAREDXWP~PROJECTS\NAUTICA'AIIAN 02.O02\Staff Report doc Location Map Nautica Abandonment EXHIBIT "A" BAHIA WAY PUD SITE _ CEDAR'LN~ EXHIBIT,"B" N TRACT '9" 268. ?6' S02°35 ' 2 ? Ft,:CT "Z. '~ 200 0 20C GRAPHIC SCALE TRACT "8% NAUT[CA P.U.O [P8 74, PG 170-175, P.8.C.R. ) RECREATION TRACT LEOENO P PLAT PBCR PALM BEACH COUNTY RECORDS PB PLAT BOOK PC PACE LB LICENSED BUSINESS PSM PROFESSIONAL SURVEYOR AND MAPPER ORB OFFICIAL RECORD BOOK FPL ,.FLORIDA POWER ANO LIGHT R RADIUS A ARC L LENGTH a DELTA ~ CENTERLINE PLAT LIMITS ~--~ tRACt :~! S89°83'05 SKETCH OF DESCRIPTION NAUTICA BOULEVARD TRACT "B",NAUTiCA P.U.D. (PB 74, PG. 170-175 P.B.C.R.) KEITfl AND SCHNARS, P.A. ~ ENGIt,~ERS - PL&N~IER$ - ~RvErofls SHEET NO. 2 OF 6 SHEETS DRAWING NO. IGg37L- EXHIBIT "C" Conditions of Approval Project name: Nautica PUD Right-of-way Abandonment File number: ABAN 02-002 Reference: Abandon Nautica Boulevard right-ot'-way DEPART~MENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None 1. A utilities easement encompassing the entire Nautica Boulevard right-of-way X shall be dedicated to the City of Boynton Beach. This dedication shall occur prior to final recordin~ of the abandonment. 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/ENVIRONMENTALIST Conditions of Approval 2 DEPART~MENTS INCLUDE REJECT Comments: None X PLANNING AND ZONING 2. To ensure the intended use and maintenance of abandoned fight-of-way for X private access purposes, the appropriate documents(s) or plat shall be amended accordingly. 3. Project will require approval of Florida Power & Light and BellSouth X Telecommunications Inc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 4. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 5. To be determined. S :\Planning\S HARED",W P\P ROJ ECTS\NA UTICA'C, BAN 02-002\COA.doc EXHIBIT "D" October 22. 2001 Sachs, Sax & Klein, P.A. Northern Trust Plaza Suite 4150 301 Yamato Road Boca Raton, Florida 33431 Attn: Michael A. Rodriguez, Esq. RE: Application to AbandonNacate Nautica Boulevard Right-of. Way, Boynton Beach, Florida Dear Mr. Rodriguez: In reference to your letter dated October 16, 2001 (see enclosed), FPL has no objection to the Abandonment/Vacating of Nautica Boulevard Right-of Way. This "no objection" is contingent upon as stated in your letter, once the right-of-way is conveyed to the Association, FPL road crossing facilities are protected either by easement or permit. If you require any further information or assistance, please do not hesitate to contact me at (561) 742- 2009 Sincerely, ~ Customer Project Man. a. ger an ;PL Group cnmpany EXHIBIT "D" BELLSOUTH BellSouth Telecommunications, Inc. ENGINEERING DEPT. - RM. 107 2.021 SO. MILITARY TRAIL WEST PALM ~EACH, FL 33415 October i, 2001 Mr. Michael A. Rodriguez, Esq. Sachs, Sax & Klein, P.A. Suite 4150 - Northern Trust Plaza 30 [ Yamato Road P.O. Box 810037 Boca Raton, Florida 33481 RE: Application to Abandon/Vacate Nautica Boulevard Right-of-Way Boynton Beach, Florida Dear Mr. Rodriguez: BellSouth has facilities in this Right-of-Way. Therefore, we require 24 hour access [ ingress egress regress] to this right-of-way. In addition, for exiting and future facilities we are granted the same rights to remain in or place furore facilities in the right- of-way. If you have any questions please call me at 561-439-9118. Yours truly, LFM:dn DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Nautica Boulevard PUD Rigt-of-way Abandonment APPLICANT'S AGENT: Michael Rodriquez APPLICANT'S ADDRESS: 301 Yamato Road, Suite 4150 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 6, 2002 TYPE OF RELIEF SOUGHT: Abandon Nautica Boulevard Right-of-way LOCATION OF PROPERTY: Nautica PUD DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Or~Jer sh~ll take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\Planning\SHARED\W P\PROJECTS\NAUTICA~ABAN 02-002\DO.doc City Clerk Requested City Commission Meeting Dates [] August 6, 2002 [] August 20, 2002 [] September 3, 2002 [] September 17, 2002 NATURE OF AGENDA ITEM XlI. - LEGAL ITEM B.2 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOrays Date Final Form Must be Turned in to Cit~ Clerk's Office July 17, 2002 (5:00 p.m.) August 5, 2002 (Noon) August 19, 2002 (Noon) September 3, 2002 (8:00 a.m.) Requested City Commission Meeting Dates [] October 1, 2002 [] October 15,2002 [] November 6, 2002 [] November 19, 2002 Date Final Form Must be Tumed in to City Clerk's Office September 16, 2002 (Noon) September 30, 2002 (Noon) October 14, 2002 (Noon) November 5, 2002 (Noon) [] Admimstrative [] Development Plans [] Consent Agenda [] New Business [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Please place this request on the November 19, 2002 City Commission Agenda under Legal, Ordinance - First Reading. On July 2, 2002 the City Commission with a 4 to 1 vote, recommended that the subject request be approved for transmittal to the Florida Department of Community Affairs. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: South Congress Residential (LUAR 02-002) Kieran Kilday of Kilday & Associates, Inc. Congress Industrial Park, L.L.C. East Side of S. Congress Avenue opposite Hunters Run PUD Request to Amend the Comprehensive Plan Future Land Use Map for a 32.1-acre tract from Induslrial (I) to High Density Residential (HDR). The companion rezonmg of the property from M-1 Industrial to PUD Planned Unit Development will be placed on First Reading on the December 3, 2002 agenda to coincide with approval of the Site Plan/ Master Plan for the property. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A - City Manager's Signature Planning and Zoning l~to~- City Attorney / Finance / Human Resources \\ChLMAIN~Shrdata~Planning\Shared\WpLPROJECTSXJefferson ~ BoyntonhLUAR~,genda Item Request Amend 1 st reading- Nov 20, 2002.dot ORDINANCE NO. 02- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING PROPERTY LOCATED ON THE EAST SIDE OF CONGRESS AVENUE, ADJACENT TO THE CITY LIMITS; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM INDUSTRIAL TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has tdopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WI-IEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the ['ollowing: That the Future Land Use of the following described land shall be designated as HDR ~,High Density Residential). Said land is more particularly described as follows: A parcel of land in a portion of the Southwest one-quarter (SW 1/4) of Section 5, Towhship 216 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: commencing at the Southwest comer of said Section 5; thence mn North (the west line of Section 5 is assumed to bear North-South and all other bearings are relative thereof) along the West line of Said Section 5, a distance of 110.00 feet to a point; thence nm South 89 degrees 48 minutes 45 seconds East, a distance of 53.00 feet to a point in the East right-of-way line of Congress Avenue and the Point of Beginmng of the herein described 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 D\CA\0rdinanc~\~lann£ng\Land ~e\Sou~h Congr~ b&nd U~e - 111202.doc 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 minutes 02 seconds West, a distance of 891.35 feet; thence North 0 degrees 01 minutes 58 seconds East, a distance of 390.75 feet; thence North 48 degrees 35 minutes 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 of Beginning. 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) thereof for the Lake Worth Drainage District Canal No. E-3 1/2, as recorded in Official Records Book 1803, Page 254, of the Public Records of Palm Beach County, Florida. FURTHER LESS AND EXCEPT right-of-way for Congress Avenue conveyed to Palm Beach County by Deed recorded in Official Records Book 5430, Page 1725, and as described in Order of Taking recorded in Official records Book 7322, Page 262, of the Public Records of Palm Beach County, Florida. SUBJECT TO: A right-of-way for the Lake Worth Drainage District Lateral Canal L-30 conveyed to the Lake Worth Drainage District by deed recorded in Official Records Book 6495, Page 761 of the Public Records of Palm Beach County, Florida. An easement over the Easterly 110 feet (as measured at right angles to) thereof for Florida Power & Light Company as recorded in Official Records Book 602, Page 623, dated February 24, 1961. (PCN 08-43-46-05-00-000-7011) Section 2: That any maps adopted in accordance with the Future Land Use Element shall amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this ~ day of ., 2002. :\CA\0rdinances\Plann~ng\Land Use\South Congrels Land Use - 111202.do¢ SECOND, FINAL READING and PASSAGE this ~ day of ,2002. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner ~TTEST: Commissioner Uity Clerk ~,Corporate Seal) 3:\CA\Ordinances\Planning\Land Use\South Congreel Land Use - 111202.doc