R99-097 RESOLUTION NO. R99-¢2'
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING ACCEPTANCE OF LETTER OF
CREDIT SUBMITTED BY STRATA
DEVELOPMENT CORPORATION (HUNTERS
COURT), AND ISSUED BY BANKATLANTIC (NO.
BA404), IN THE AMOUNT OF $142,000.00;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Letter of Credit, No. BA404 in the amount of $142,000.00 has
been issued by BankAtlantic as surety for construction and completion of on-site
and off-site sanitary sewer and water systems to serve future homes at Hunters
Court, which Letter of Credit is attached hereto as Exhibit "A".
WHEREAS, upon recommendation of staff, the City Commission deems it to
be in the best interests of the citizens and residents of the City of Boynton Beach to
accept said Letter of Credit.
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 authorizes acceptance of the Letter of Credit No. BA404, in the amount of
$142,000.00, issued by BankAtlantic as surety for the construction of the water and
sanitary sewer systems to serve Hunters Court, which Letter of Credit is attached
hereto as Exhibit "A".
Section2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ,-~ day of August, 1999.
CITY (~F BOYNTO,N~EAC. H, FLORIDA
'¢ice Mayor
Mayor Pro Tem
Co~/~m ' io er
/Commissioner
ATTEST:
July 7, 1999
BENEFICIARY:
IRREVOCABLE LETTER OF CREDIT
RO. Box 8608
Ft. Lauderdale, FL 33310-8608
(954) 760-5000
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 fi:om 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, Return 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
CITY OF BOYNTON BEACH, FLOR[DA
CLASSIFICATION SPECIFICATION
CLASSIFICATION TITLE:
SENIOR PLANNER
PURPOSE OF CLASSIFICATION
'Ihe purpose of this classification is to assist in overseeing planning & Zoning Division operations and activities,
including development review, process management, comprehensive planning, and general division adminia~xation.
ESSENTIAL FUNCTIONS
The following duties are normal for this position. The omission of specific statements of the duties does not
exclude them from the classification if the work is similar, related, or a logical assignment for this classffication.
Other duties may be required and assigned.
Supervises, directs and evaluates assigned staff, processing employee concerns and problems, directing work,
counseling, disciplining and completing employee performance appraisals.
Coordinates daily work activities; organizes and priofitizes department workload; makes work assignments; monitors
status of work in progress; respects completed work; ~xoubleshoots problem situations.
Interprets and applies applicable city codes, ordinances, regUlations, and comprehensive plan pertaining to zoning, land
use, and site development.
Provides information and assistance to the public, city officials, or other individuals concerning city codes, land
development regulations, zoning regulations, interpretation of codes/regulations, application processes, and procedural
issues; responds to complaints, researches problems, and initiates problem resolution.
Prepares legal notices ~for privately- and city-initiated applications; prepares legal notices and legal advertisements for
property owners regarding such applications.
Reviews for completeness apphcations submitted for annexation, land use amendment, rezoning, master plan,
comprehensive plan text amendment, zoning code variance, and amendment, abandonment, and use approval
Researches, evaluates, and prepares written reports including the collection of facts, documentation of relevant requests
for approvals, and site plan approval.
Prepares special studies on annexation; researches tax records, property taxes, fiscal impacts, projections of costs and
revenues, annexation laws, and other information.
Formulates recommendations and conclusions relating to work activities; for~vardffpresents recommendations to city
commission.
Prepares/presents results of staff evaluations/analyses on development proposals or special projects, including technical
data, at public meetings, hearings, and workshops.
David M. Griffith & Associates, Ltd.
Page 1
Last Revised: November, 1998
Cit~ of Boyaton Beach, Florida · Senior Planner
2290
Assists with inter-govemmental coordination activities; represents the city at multi-governmental meetings; reviews
development petitions, including plan amendments of adjacent jurisdictions, and distributes similar information on local
petitions to adjacent jurisdictions.
Maintains end distributes computerized and hard-copy information on population/census data, including decennial
couurs, official annual estimates, and federal publications; interacts with source agencies to review end confront housing
unit cotmcs, mumcipal boundaries, and annual permanent population estimates from the state.
Maintains computerized and hard-copy records of previously reviewed end/or approved development projects.
Prepares draft division budget; researches division staffing, eqmpment, supplies, end professional training needs;
completes budgetary forms, enters data into computer, end compiles final reports.
Prepares or completes various forms, reports, correspondence, staff reports, budget reports, performance appraisals.
charts, graphs, or other documents.
Receives various forms, repons, correspondence, staff repons, development applications, site plane, master plans,
census data, traffic impact studies, comprehensive plato community redevelopment plan, regulations, statutes, codes,
ordinances, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retainq as
appropriate.
Operates a computer ro enter, retrieve, review or modify data; utilizes word processing, spreadsheet, database, e-mail,
or other software programs.
Answers the telephone; provides information, guidance and assistance; takes end relays messages or directs calls to
appropriate personnel; returns calls as necessary.
Communicates with supervisor, employees, other divisions, other departments, city officials, government agenmes,
developers, consultants, the public, outside agencies, and other individuals as needed to coordinate work activities,
review stares of work, exchange information; resolve problems, or give/receive advice/direction.
Attends meetings; serves on committees as needed; makes speeches or presentations.
Mai~tainq a comprehensive, current knowledge of applicable laws/regulations; maintains en awareness of new trends
end advences in the profession; reads professional hterature; mamunns professional affiliations; attends workshops and
traini~§ sessions as approptiar~.
ADDITIONAL FUNCTIONS
Responds to telephone or walk-in inquiries for development or zoning information.
Operates a motor vehicle to conduct work activities.
Provides assisumce or coverage to other employees as needed.
Performs other related duties as required.
MINIMUM QUALIFICATIONS
David M. Griffith & Associates, Ltd. Page 2 Last Revised: November, 1998
City of Boynton Beach, Florida · Senior Planner 2290
Minimum Bachelor's degree in Urban & Regional planning with Master's level course work in the field; Master's
degree strongly preferred; supplemented by three (3) years previous expen~ce and/or training that includes planning
and zoning, comprehensive plan management, and project review; or any equivalent combination of education,
training, and expenence which pmvides the requisite knowledge, ~killa, and abilities for this job. Must possess and
maintain a val/d Florida driver's license.
PERFORMANCE APTITUDES
Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria.
Includes exerctsing discretion in determining actual or probable consequences and in referencing such evaluation to
identify and select alternatives.
Human Interaction: Requires the ability m apply principles of persuasmn and/or influence over others in a
supervisory capacity.
Equipment, Machinery. Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control
the actions of equipment, machinery, tools, and/or materials used in performing essential functions.
Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and
information.
Mathematical Antitude: Requires the ability m perform addition, subtraction, multiplication and division; ability to
calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may
include ability m compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate
surface areas, volumes, weights, and measures.
Functional Reasoning: Requires the ability m apply principles of influence systems, such as motivation, incentive.
and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and
techniques to resolve problems.
Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving
- the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly
measurable or verifiable.
ADA COMPLIANCE'
Physical Ability: Tasks require the ability to exert very moderate physical effort in light work, typically involving
some combination of stooping, kneeling, crouching and crawling, and which may involve some lifiing, carrying,
pushing and/or pulling of objects and materials of moderate weight ( 12-20 pounds).
Sensory Reouirements: Some tasks require the ability m perceive and discriminate visual cues or signals. Some tasks
reqmre the ability to communicate orally.
Environmental Factors: Performance of essential functions may require exposure to adverse environmental
conditions, such as humidity, temperamxe exlremes, or traffic hazards.
David M. Griffita & Associates, Ltd. Page 3 Last Revised: November, 199§
City of Boynton Beach, Florida · Senior Planner
2290
The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with
Disabilities Act, the City will provide reasonable accommodations to qualffied individuals with disabilities and
encourages both prospective and current employees to discuss potential accommodations with the employer.
David M. Griff~h & Associates, Ltd. Page 4 Last Revised: November, 1998
EXHIBIT "A"
6-Month Performance Evaluation Criteria
1. Level of familiarity with development regulations, including Chapter 3. Chapter 6.
Chapter 7.5, Chapter 9, Chapter 10, Chapter 21, Chapter 23, and Central Business
District Design Guidelines sufficient to independently conduct efficient and complete
project reviews;
Ability to independently coordinate and manage the staff review (Technical Review
Committee) aspect of the development review process, and resolve any outstanding
issues relative to intemal communication and coordination, and implemented
recommendations for process ~mprovement including process documentation for internal
use and distribution and codification.
A thorough understanding of all development review processes ~nvolving site plans,
master plans, minor modifications, variances, abandonments, height exceptions use
approvals, and developments of regional impact.
A detailed understanding of all concepts and recommendations from the Vision 20/20
Redevelopment Plan applicable to development review.
l-Year Performance Evaluation Criteria
1. A general understanding of all application processes administered by the Planning and
Zoning Division and ability to manage same.
A detailed knowledge of all concepts and recommendations from the Vision 20/20
Redevelopment Plan applicable to citywide redevelopment.
A general understanding of the structure and content of the city's comprehensive plan,
all goals, objectives and policies, and an in depth knowledge of all applicable processing
requirements, schedules and critical dates.
APPOINTMENT CONTRACT
THIS APPOINTMENT CONTRACT is entered into between the CITY OF
BOYNTON BEACH, Florida, (the "CITY") by and through its City Manager ("CITY
MANAGER") and GAYLE EASTERLING ("EASTERLING").
RECITALS
The CITY and EASTERLING acknowledge the following premises for this
contract:
A. CITY MANAGER is the Chief Executive Officer .of the CITY and is
authorized, pursuant to Section 72.1(b) to appoint individuals in a specialized field.
B. The CITY MANAGER on behalf of the CITY desires to appoint
EASTERLING as a Senior Planner in the Planning and Zoning Division of the
Development Department of t~e CITY, and EASTERLING desires to undertake that
appointment.
C. In selecting EASTERLING to be appointed as a Senior Planner in the
Planning and Zoning Division of the Development Department of for the CITY, the
CITY MANAGER has relied on all information and materials appearing on or furnished
n connection, with her application for that position, including representations made in
oral interviews. EASTERL[NG represents that all such information and materials are
accurate, complete, and authentic and that she is qualified to serve as a Senior Planner
n the Planning and Zoning Division of the Development Department, and that the
performance of such duties are specialized in nature.
D. The CITY and EASTERLING wish to reduce their agreements to writing in
order to describe their relationship with each other, to provide a basis for effective
communication between them as they fulfill their respective governance and
administrative functions in the Planning and Zoning Division of the CITY and to
enhance administrative stability and continuity within the Development Department.
E. The position of Senior Planner in the Planning and Zoning Division of the
Development Department is a contractual appointment by the CITY MANAGER of an
individual in a specialized field and not a civil service position and neither the City's Civil
Service Rules and Regulations nor the Personnel Policy Manual (PPM) are applicable
to EASTERLING.
F. Nothing herein shall constitute an abridgment of or limitation [o the rights
and powers of the MANAGER to manage the work force of the CITY and to organize,
reorganize, create, or abolish the CITY work force, including the appointment
referenced herein.
S:ca~Agreements\Ernp;oyrnent\EASTERLING - Final
-1-
G. Nothing herein shall constitute an abridgment or limitation on the rights
and powers of the CITY Commission to create or alter the work force of the CITY by
appropriation or non-appropriation of funds earmarked for departments, positions, or
appointments.
TERMS, CONDITIONS. AND COVENANTS
Accordingly, on the foregoing premises and in consideration of the mutual
covenants contained in this contract, the C t'FY and EASTERLING agree as follows:
ARTICLE 1
Agreement for Appointment
1.1 The CITY MANAGER hereby appoints EASTERLING to serve as a
Senior Planner ~n the Planning and Zoning Division of the Development Department for
the CITY and EASTERLING hereby accepts that appointment and undertakes that
appointment.
1.2 EASTERLING is an at will employee of the CITY. By acceptance
of this Contract EASTERLING acknowledges that there has been no representation or
promise, express or implied fixing the term of his appointment.
ARTICLE 2
Duties and Obligatiens
2.1 Principal Duties and Obligations. Subject to the CITY
MANAGER's responsibilities and direction for the overall operation of the CITY's work
force. EASTERLING shall:
2.1.1 'SeNe as a Senior Planner in the Planning and Zoning Division of
the Development Department of the CITY and shall perform the job responsibilities as
set forth on Exhibit "A";
2.1.2 Perform such additional job responsibilities related to the Planning
and Zoning Division of the CITY as assigned by the Department Director or his
designee, the City Manager or his/her designee.
2.2 Manner of Performance. Except as otherwise expressly provided
by the contract. EASTERLING at all times shall:
2.2.1 devote all her time. attention, knowledge, and skill solely and
exclusively to the business and interests of the CITY during normal working hours and
S:ca~Agreements\Empioymen[\EASTERLlNG - Final
-2-
at City related events after normal business hours.
2.2.2 perform her duties and obligations faithfully, industriously, and to
the best of her ability.
2.2.3 not engage in conflicting outside employment except with pdor
written disclosure to and written consent of the CITY MANAGER or his/her designee.
2.2.4 keep the Department Director or his/her designee fully informed in
advance of all travel and activities that take her out of the office for more than a day at a
time. All travel must receive prior written approval of the Department Director and/or
CITY MANAGER.
ARTICLE 3
Annual Performance Goals and Evaluation
3.1 The Department Director or his designee shall review and evaluate
the performance of EASTERLING at least once annually in advance of the adoption of
the annual operating budget. The review and evaluation shall be in accordance with
specific criteria developed by the Director or his/her designee. The criteria may be
added to or deleted from as the Director or his designee may from time to time
determine. Further, the Director or his/her designee shall provide EASTERLING with
summary written statement of the evaluation and provide an adequate opportunity for
EASTERLING to discuss his evaluation with the Director or his/her designee.
Annually, the Director or his designee and EASTERLING shall
define such goals and performance objectives that they determine necessary for the
proper operation of the Planning and Zoning Division and in attainment of the objectives
and shall further establish a relative priority among those various goals and objectives,
which shall be reduced to writing. Such goals and objectives shall be generally
attainable within the time limitations as specified in the annual operating and capital
budgets and appropriations provided by the CITY.
EASTERLING will be evaluated on completion of her first six
month and again on her first anniversary_ to determine if EASTERLING has met
the goals and criteria, set forth herein as attachment B. for _oromotion to Princi_oal
Planner. with an annual salary_ of $55.000.00.
3.2 Compensation reviews are not subject to any specific formula
applicable to other CITY personnel. Wage adjustments shall be at the sole discretion of
the CITY MANAGER and are subject to the appropriation of funds by the City
Commission.
S ca~Agreements\EmD~o~ ment\EASTERLING - Final
-3-
Compensation and Benefits
4.1 Base Salary. The CITY shall pay to EASTERLING an annual
salary of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00), payable in equal
installments at the same intervals as the CITY's management personnel are paid.
4.2 Business Expenses. The CITY shall pay or reimburse
EASTERLING consistent with reimbursement policies for CITY managerial employees.
4.3 Health Insurance. EASTERLING shall receive the same benefit
provided to non-union City employees hired prior to October 1, 1991.
4.4 Disability Insurance. EASTERLING shall receive the same
benefit provided to non-union City employees hired prior to October 1, 1991.
4.5 Life Insurance. EASTERLING shall receive the same benefit
provided to non-union City employees hired prior to October 1, 1991.
4.6
to be enrolled
Pension Plan,
Participation in Retirement System. ~RL/NG shall continue
in and shall enjoy all benefits provided under the General Employee
4.7 Holidays. EASTERLING shall be entitled.to observe the same
paid legal holidays as non-umon employees hired prior to October 1, 1.991.
4.8 Vacations. EASTERLING is _uranted t~velve (12) days of annual
vacation leave Der calendar year. accrued at the rate of one day _Der month of
em_DIo_vment, and annually thereafter. Accrued vacation leave ma_v be taken with
the a_D_Droval of the De_Dartment Director.
4.9 Sick Leave. EASTERLING shall be entitled to accrue sick leave
and be subject to the same sick leave policies as non-union employees hired prior to
October 1, 1991.
Indemnification and Reimbursement
5.1
Indemnification of EASTERLING. The CITY shall:
5.1.1 defend and indemnify EASTERLING against all claims and
actions, civil or criminal, provided the claims or actions arise out of and in the course of
S:ca~Agreements\Employrnent~ASTERLING - Final
the performance of his duties and respoinsibilities pursuant to this Contract; and
5.1.2 pay any judgment that may be entered against
EASTERLING m a civil action arising out of and in the course of the performance of his
duties and responsibilities pursuant to this contract, except a judgment based on
ntentional wrongdoing by EASTERLING.
5.1.3 CITY reserves the right to select, appoint, retain, or
discharge legal counsel necessary to provide the foregoing defense.
ARTICLE 6
6.1
commence on
Duration of Contract
EASTERLING's appointment and the term of this Contract shall
ARTICLE 7
Termination of Contract
7.1
Events of Termination. This Contract shall terminate:
7.1.1 at any time by mutual agreement of EASTERLI NG. and the CITY;
7.1.2 upon EASTERLING's sustained inability for all or substantially all of
180 calendar days ~n a 190 day period to perform all or substantially all of his duties
and obl!gations pursuant to this Contract as a result of physical or mental illness or
condition, which inability shall be verified at the CITY's expense (to the extent not
covered by applicable medical insurance maintained by the CITY) by a licensed
physician selected by the CITY;
7.1.3 at any time by the CITY's unilateral termination of
EASTERLING's Contract for the position.
7.1.4
the death of EASTERLING.
7.1.5 the resignation of EASTERLING. A resignation shall be
submitted in writing and shall provide for a actual resignation date no later than forty-
five (45) days following the date of notice of resignation.
S:ca~Agreements\Employment\EASTERLING - Fina~
7.2 Rights and Obligations Upon Unilateral Termination by CITY.
Unilateral termination shall be in writing, signed by the CITY MANAGER and need not
reflect performance related reasons. If this Contract is terminated by unilateral action
by the CITY MANAGER, EASTERLING shall be entitled only to:
7.2.1 Prorated base salary for the effective date of the termination
plus ninety (90) days, calculated as follows: Employees annual base salary shall be
divided by 365 days, and that sum shall be multiplied by 90 days, less customary
withholding.
7.2.2
to this Contract:
reimbursement for as-yet unreimbursed expenses pursuant
7.2.3 an amount for accrued and unused vacation leave, not to
exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired prior to October 1, ~1991;
7.2.4 an amount for accrued and unused sick leave, not to exceed
the maximum number of days permitted by law, according to the schedule/formula for
non-union em ployees hired prior to October 1, 1991.
7.3 Rights and Obligations Upon Termination by Mutual
Agreement. [f this Contract terminates upon mutual agreement of the parties,
EASTERLING shall be entitled to:
7.3.1
base salary accrued to the agreed date of termination;
7.3.2
to this Contract:
reimbursement for as-yet unreimbursed expenses pursuant
7.3.3 an amount for accrued and unused vacation leave, not to
exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired prior to October 1, 1991;
7.3.4 an amount for accrued and unused sick leave, not to exceed
the max[mum number of days permitted by law, according to the schedule/formula for
non-union employees hired pdor to October 1, 1991;
7.4 Rights and Obligations U pon Termination Due to Disability or
Death. If this Contract terminates due to EASTERLING's physical disability or death,
EASTERLING or her guardian or personal representative shall be entitled only to the
following compensation and benefits:
7.4.1 base salary
S:ca~Agreements\Emoloyment\EASTERLING - Final
through the last day that EASTERLING
performed services to or on behalf of the CITY;
7.4.2 reimbursement for as-yet unreimbursed expenses pursuant
to this Contract;
7.4.3
not to exceed the
an amount for accrued and unused sick and vacation eave,
maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired prior to October 1, 1991; and
7.4.4
life and/or disability benefits if applicable.
7.5 Rights and Obligations Upon Termination Due to Resignation,
[f this Contract terminates due to EASTERLING's resignation, EASTERLING shall be
entitled only to the following compensation and benefits:
7.5.1 base salary through the date of resignation or such other
date as mutually agreed to between EASTERLING and the CITY MANAGER;
7.5.2
to this Contract;
reimbursement for as-yet unreimbursed expenses pursuant
7.5.3 an amount for accrued and unused sick and vacation leave,
not to exceed the maximum number of days permitted by law, according to the
schedule/formula for non-union employees hired prior to October 1, 1991;
7.5.4 life and/or disability benefits if applicable.
ARTICLE 8
Modification or extension of Contract
8.1 Modification and Amendment. No modification of or amendment
to this Contract shall be valid unless reduced to writing and signed by both parties.
ARTICLE 9
Inapplicability of Collective-Bargaining Agreements
9.1 No collective-bargaining agreement to which the CiTY is a party
shall in whole or in part govern, apply to, or be deemed part of or incorporated into this
Contract.
S:ca~Agreements\Emp[oyment\EASTER!.J NG - Final
-7-
ARTICLE 10
Venue
10,1 Any civil action arising out of this Contract or the nonperformance
or breach of any covenant contained in it shall be brought only in Palm Beach County,
Florida.
ARTICLE 11
Waiver
'1.1 The CiTY's waiver of any breach of any term, condition, or
covenant of this Contract shall not constitute the waiver of any other breach of the
same or any other term, condition, or covenant of this Contract.
ARTICLE 12
Applicability to Successors
12.1
This Contract shall be binding on and inure to the benefit of:
12.1.1 EASTERLI NG's heirs and personal representatives; and
12.1.2the CITY regardless of changes in the persons holding office as
members of the CITY.
ARTICLE 13
Severability of Provisions
13.1 If any provision of this Contract or the application of any provision
to any party or circumstance shall be prohibited by or invalid under applicable law, the
provision shall be ineffective to the extent of such prohibition or invalidity without
invalidating the remaining provisions ~f this Contract or their application to other parties
or c~rcumstances.
ARTICLE 14
Governing Law
14.1 This Contract and the terms, conditions, and covenants contained
in it shall be governed by and construed in accordance with the laws of the State of
Florida.
S:ca~Agreements\Emp~oyment\EASTERLlNG - Final
ARTICLE 15
Integration of All Agreements and Understandings
15.1 This Contract contains the entire agreement between the CiTY and
EASTERLING. All prior agreements and understandings, whether written or oral,
pertaining to the CITY's appointment of EASTERLING are fully abrogated and of no
further force and effect from and after the date of this Contract.
15.2 Regardless of which party or party's counsel prepared the original
draft and subsequent revisions of this Contract, EASTERLING and the CITY and their
respective counsel have had equal opportunity to contribute to and have contributed to
its contents, and this Contract shall not be deemed to be the product of and, therefore,
construed against either of them.
15.3 The omission from this Contract of a term or provision contained in
an earlier draft of the Contract shall have no evidentiary significance regarding the
contractual intent of the parties.
ARTICLE 16
Execution of Contract
16.1 This Contract may be executed in duplicate or in counterparts,
each of which shall be deemed an original and all of which together shall be deemed
one and the same instrument. No term, condition, or covenant of this Contract shall be
binding on either party until both parties have signed it.
EXECUTED on the respective dates set forth below.
Dated:
By:.
CITY MANAGER
Dated:
By:.
MAYOR
S:ca~Agreements\Employment\EASTERLING - Final
-9-
Dated:
EXHIBIT "B"
~6-Month Performance Evaluation Criteria
1. Level of familiarity with development regulations, including Chapter 3, Chapter 6,
Chapter 7.5, Chapter 9, Chapter 10, Chapter 21, Chapter 23, and Central Business
District Design Guidelines sufficient to independently concluct efficient and complete
project reviews;
Ability to independently coordinate and manage the staff review (Technical Review
Committee) aspect of the development review process, and resolve any outstanding
issues relative to internal communication and coordination, and implemented
recommendations for process improvement including process documentation for internal
use and distribution and codification.
A thorough understanding of all development review processes involving site plans,
master plans, minor modifications, variances, abandonments, height exceptions, use
approvals, and developments of regional impact.
A detailed understanding of all concepts and recommendations from the Vision 20/20
Redevelopment Plan applicable to development review.
'l-Year
1.
2.
3.
Performance Evaluation Criteria
A genera~ understanding of all application processes administered by the Planning and
Zoning Division and ability to manage same.
A detailed knowledge of all concepts and recommendations from the Vision 20/20
Redevelopment Plan applicable to citywide redevelopment.
A general understanding of the structure and content of the city's comprehensive plan,
all goals, objectives and policies, and an in depth knowleage of all applicable processing
requirements, schedules and critical dates.