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Agenda 06-15-04
The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561)742-6000 City Commission AGENDA JUNE 15, 2004 Jerry Taylor Mayor At Large Bob Ensler / ~t ! ~ ~' Commissioner / ~DISTr:ICT IV --~ L-.~ Mack McCray ~.~,~-~ ~~ !S~T Commissioner District II Mike Ferguson '-~ ~ ---"[ i '~ - Vice MayorD~ ~mRi;m/ll / District III Carl McKoy ' Commissioner /~, District IV DISTRIiIT I ~ ~=~, 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 PUBLI:C PARTJ:CTPAT~ON AT CZTY OF BOYNTON BEACH COMMISS:i:ON MEE'r[NGS 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 Ttems: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Ttems: 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 8c Nays" or by a roll call vote. SPEAK]:NG AT COMMTSSTON MEET]:NGS: 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. · 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. · Regular Agenda Ttems: Any citizen may speak on any official agenda item(s) listed on the agenda alter a motion has been made and properly seconded. ADDRESSTNG THE COMM]:SS]:ON: When addressing the Commission, 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 BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA .lune 15, 2004 6:30 P.M. I. OPENXNGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Dr, Solomon Rothstein - 2nd Police Chaplain C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption ZZZ. OTHER: A. Informational Items by Members of the City Commission ANNOUNCEMENT$~ COMMUNITY & SPECZAL EVENTS~ & PRESENTA11:ONS: A. Announcements: B. Community and Special Events: C. Presentations: 1.Proclamations: None 2.Legislative Update - Senator Ron Klein 3.Presentation of City Commission Goals Report PUBLI:C AUD~~ENCE: ~~NDZVZDUAL SPEAKERS W~~LL BE U:MZTED TO 3-M~~NUTE PRESENTA11:ON$ (At the di~creUon of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission.) Agenda Regular City Commission Meeting Boynton Beach, Florida :June 15, 2004 V. ADMZNZSTRAI'I'VE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date [I! Ferguson Advisory Bd on Children & Youth Alt [ yr term to 4/05 Tabled (2) IV McKoy Advisory Bd on Children & Youth Alt 1 yr term to 4/05 Tabled (2) II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (3) IV McKoy Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (3) Mayor Taylor Bldg. Bd of Adj & Appeals Alt i yr term to 4/05 Tabled (3) I Ensler Bldg. Bd of Adj & Appeals Alt I yr term to 4/05 Tabled (3) II McCray Cemetery Board Alt 1 yr term to 4/05 Tabled (2) IV McKoy Code Compliance Board Alt i yr term to ,l/05 Tabled (2) Mayor Taylor Code Compliance Board Alt i yr term to 4/05 Tabled (2) IV McKoy Comm. Redevelopment Agency Reg ,t-year Term to 06-08 IV McKoy Community Relations Board Reg 3 yr term to 4/05 Tabled (3) I Ensler Education Advisory Board Alt 1 yr term to ,t/05 Tabled (2) !II Ferguson Education Advisory Board Reg 2 yr term to 4/06 Tabled (2) !V McKoy Education Advisory Board Reg 2 yr term to 4/06 Tabled (2) Mayor Taylor Education Advisory Board Alt 1 yr term to 4/05 Tabled (2) ! Ensler Education Advisory Board Stu 1 yr term to 4/05 Tabled (2) 1! McCray Education Advisory Board Stu i yr term to 4/05 III Ferguson Senior Advisory Board Alt i yr term to 4/05 Tabled (2) V~. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of May 28, 200fl 2. Regular City Commission Meeting Minutes of June 1, 200~ B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Agenda Regular City Commission HeeUng BoyntonBeach, Florida June 15, 2004 1. Award PART ! of the "CHAMPiONSHiP GOLF COURSE RENOVATION/ UPGRADE TEE COMPLEXES AT THE ~NKS AT BOYNTON BEACH~ Bid #058-2910-0~/3A, to DETAILED SPORTS TURF CONSTRUCTION, TNC. of Hobe Sound, Florida, in the amount of $65,485 2. Accept the negotiated contract with GLA-HING, 3ACKSON, KERCHER, ANG~N, LOPEZ, I~NEHART, iNC. in the amount of $60,000 for consulting services and authorize the execution of a contract in awarding the Request for Qualification (RFQ) #025-2710-04/C3D, "DEVELOPMENT OF A STRATEGIC PLAN AND UPDATIiNG THE RECREATION AND OPEN SPACE ELEMENT OF THE CITY OF BOYNTON BEACH COMPREHENSIVE PLAN" (PROPOSED RE$OLLIT'ZON NO. R04-098) C. Resolutions: 1. Proposed Resolution No. R04-O99 Re: Authorizing the execution of a Financial Assistance Agreement with Palm Beach County for landscaping at the entrance to Chapel Hill 2. Proposed ResoluUon No. R04-100 Re: Authorizing the execution of the Ninth Amendment to the Tower Site Lease and 3oint Use Agreement between the City of Boynton Beach, AT&T Wireless Services of Florida, inc., and Palm Beach County 3. Proposed Resolution No. R04-101 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Raymond A. Marcinkoski, Trustee for the property at 1050 Highview Road, Lantana, Florida (Lot 161 & the east 22 feet of Lot 162, Ridge Grove Addition 1) Proposed Resolution No. R04-:1.02 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with 3er~ Darr for the property at 1209 Highland Road, Lantana, Florida (Ridge Grove W 1/2 of LT 82 & LT 83) 5. intentionally left blank D. Ratification of Planning & Development Board Action: None 3 Agenda Regular City Commission Meeting Boynton Beach, Florida June 15, 2004 E. Ratification of CRA Action: Schnars Business Center (SPTE 04-003) - Request for a one (1) year time extension of the site plan approval granted on February 18, 2003, from February 18, 2004 to February 18, 2005 2. Phillips industrial Lot 4 (NWSP 04-008) - Request for new site plan approval for an outside storage lot for RV, boats and trailers and related site improvements on a 1.44-acre parcel in an M-1 zoning district 3. Arches (SPTE 04-004) - Request for a one (1) year time extension of the site plan approval granted on June 3, 2003, from June 3, 2004 to June 3, 2005 F. Approve the cash surety in the amount of $32,670 for the Monterey Bay excavation/fill permit G. Accept the written report to Commission of purchases over $10,000 for the month of May 2004 for informational purposes H. Authorize the use of Community 1Investment Funds from Commissioner Ensler ($878) to Tomodachi Judo for the purchase of four 5' x 10' mats for the work out area at Congress Middle School Accept Performance Bond No. 08742543 from Fidelity and Deposit Company of Maryland and Westbrooke Homes in the amount of $466,853.20 as surety for the satisfactory completion and performance of the water and sewer improvements for the project known as Canterbury at Quantum Village CODE COMPLZANCE & LEGAL SE'ITLEMENTS: None V1']:1'. PUBLI'C HEARZNG: 7:00 P,M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS A. Project: Waterside (ANNEX 04-002) ('APPI_ECAIVT RE(~I. IE..~I'~ INDEFINITE PO.fl'POIVEI~IEIVT) Agent: Carlos Bailbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach LLC Location East side of South Federal Highway, between Palmer Road and Chukker Road Description: Request to annex 7.30 acres of property in connection with the request to build 115 fee-simple townhomes and related site improvements 4 Agenda Regular City Commission Meeting BoyntonBeach, FIoHda June 15, 2004 B. Project: Waterside (LUAR 04-002) ('APP£.~CANT RE(~I, IE~I'~ INDE,~NJ"I'E PO.~"IPONEHENT.) Agent: Carlos Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach LLC Location East side of South Federal Highway, between Palmer Road and Chukker Road Description: Request to amend the Comprehensive Plan Future Land Use map from Commercial High Intensity and Medium Density Residential (Palm Beach County) to Special High Density Residential C. Project: Waterside (LUAR 04-002) (APPI..[CANT REqI, IE~I'~ ~'NOEF~N.~7'E PO~,~'TPONEAfENT) Agent: Carlos Ballbe, Keith & Ballbe, Inc. Owner: Hector Garcia, Southern Homes of Palm Beach LLC Location East side of South Federal Highway, between Palmer Road and Chukker Road Description: Request to rezone from Multi-family Residential and Commercial General (Palm Beach County) to Planned Use Development (PUD) D. Project: Florida Collision Agent: Carl Casio, P.A. Owner: Boynton Beach RE Enterprises, Inc. Location: 902 NE 3rd Street Description: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I) Request to rezone from General Commercial District (C-4) to Industrial District (M-l) Proposed Use: Auto Body Repair, Storage and Towing :iX. CTTY I~IANAGER'S REPORT: A. Old High School Refurbishment Report B. Discussion of additional Property Tax Assessment Exemption for ]~ncome Eligible Senior Citizens per FSS 196.075 (Delayed pending information from Palm Beach County- .lune 15, 2004) C. Proposed Lease Agreement with Boynton Woman's Club X. FUTURE AGENDA I'TEMS: A. Proposed Ordinance No. 04-O:13 Re: Development of Regional Impact Amendment (DR]A) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DR] project from Motorola to Renaissance Commons ('2~d READ. DVP; TABLED ON 5 Agenda Regular CityCommission Meeting BoyntonBeach, FIoHda June 15,2004 04/07/04 - AWA]7'~AIG APPROVAl. FROAf D.¢.A. O/if ¢OAIPAI¥$OIV ORD.rNANCEyt (.~uly 6~ 2004) - W:ILL MOVE FORWARD WITH ORD:INANCES 04-0:L2 AND 04-0:L4 B. City Commission Budget Workshop Meetings (3uly 13, 3uly 14 & 3uly 15, 2004) C. Adoption of Preliminary Fire Assessment Rate Resolution (07/20/04) D. City Commission Workshop Meeting to discuss the Comprehensive Plan Update with staff and the Town Center project with the CRA (.luly) E. Public Hearing and AdopUon of Annual Fire Assessment ResoluUon (9/14/04) D. Workshop regarding City Hall/Public Safety Space Needs Report CTBA) E. Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TBA) XZ. NEW BUSZNESS: XII. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-039 Re: Amending Ordinance 03-058 - Early Retirement Incentive Program - to permit otherwise eligible firefighters to use prior military service buyback for purposes of satisfying the 15 year eligibility requirement for early retirement 2. Proposed Ordinance No. 04-040 Re: Amending Land Development Regulations, Chapter 7, Surety; Article I, in general, providing for clarification of procedure for handling of surety 3. Proposed Ordinance No. 04-041 Re: Amending Chapter 9 - Fire Protection and Prevention - Penalties to allow for enforcement of Fire Code Violations through Code Enforcement Citation Process; amending schedule of civil penalties B. Ordinances- 1st Reading 1. Proposed Ordinance No. 04-042 Re: Amending Chapter 2. Administration, Article 5. Code Compliance Board, Sections 2-84 through 2-90, providing for clarification and setting procedures regarding lien reductions for Code Board Orders 6 Agenda Regular City Commission MeeUng Boynton Beach, Florida June :t5, 2004 2. Proposed Ordinance No. 04-043 Re: Authorizing the abandonment of the roadway portion of an unimproved roadway/utility easement (Largo Pointe - ABAN 04-001) C. Resolutions: None D. Other: 1. Review and consider proposal from 3uan and Anna Valverde to purchase the vacant parcel adjacent to 730 SW 34 Avenue (Motion requires roll call vote. Approval requires super-majority vote.)- TABLED ON JUNE 1, 2004 2. Authorizing the City Manager to execute an Option Agreement for Purchase and Sale of Real Property for property on NW 22"~ Avenue within the City's infill development area and currently owned by Benje Sperling (PROPOSED RE$OLIJT'JfOIV IVO, R04-~104) XII[. UNFINISHED BUSINESS: X~V. AD3OURNMENT: NOT~CE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING~, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND,, FOR SUCH PURPOSEt HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADEt WHICH RECORD INCLUDES THE TES-FIHONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICEt PROGRAMt OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT .1OYCE COSTELLO, (56~.) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR AC'TIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR RE~UEEr. 3MP FINAL AGENDA 6/10/2004 8:04 AM S:\CC~W P~CCAG EN DA~AG EN DAS\YEAR 2004\061504.DOC 7 t'I/.-ANNOUNCEMENTS & PRESENTAT/ONS Prainito, Janet :Item C.2 =rom: Costello, Joyce Jent: Tuesday, May 2§, 2004 8'37 AM To: Prainito, Janet Cc: Bressner, Kurt Subject: June 15th City Commission Meeting Senator Ron Klein will be attending our June 15th Commission Meeting to give a Legislative Update. Please place on the agenda. If you need any additional information the contact person is: Emil Fleysher @ 561-306-2611. Thank you. Joyce D'I.-ANNOUNCEMENTS & PRESENTAT~'ONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Presentation of City Commission Goals Report "One Vision, One Boynton" by Emerge Consulting. Approval of the report by motion or schedule follow-up work session to discuss the report findings is requested. EXPLANATION: As a follow-up to a strategic planning session held with the City Commission on February 27, 2004, facilitated by Emerge Consulting, the City staff and consultant have prepared a report and action plan based on the goals developed by the City Commission at the one-day retreat meeting. Mr. Clarence Anthony and Yvonne Douglas of Emerge Consulting will be present to provide an overview of the process and results achieved. PROGRAM IMPACT: Implementation of the goals may have a program development impact. FISCAL IMPACT: Unknown at this time as the presentation of the report is the start of the process. ALTERNATIVES: Do not accept the report. Department Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC '' Strategic Planning: Working Report .~-~ June, 2004 ..,:~ ~. ~ red fo~ "~' '?'~ Ci~ of Boynton Beach ~ ...... - Prepared ,~ ~}~'~¢~. '~SY?- Emerge Consulting~Corp. (~ontents Introduction Section 1' Examining and Planning for Strategic Success City Commissioner & City Manager Day Retreat City Department Head Workshop Section 2: Integration and implementation of priori~ Special Commissioner Meeting .~ Soction 3: Futura ~lans: ~onda ~rov~ (~E~I~G) A~achments (PENDING) ~ ~*~:" Introduction "High expectations are the key to everything." -Sam Walton City of Boynton Beach - Introduction Major Nathan Boynton [ l It wa~e year after the last Barefoot Mailman walked along its sandy Sc~~YfreoamrSpboertfOrHeurHo: ~ M~icFlhTgg ,aenr~' ~-"~ nb~ilmteh~SNf211~aO~r, ailroOyar~ tnh~trs ~ ~7er eyes on the area that now bears his name. He was so impressed by the natural beauty of what he saw, the year-round sunshine and pristine beaches, that he returned a year later with a group of colonists and built the famous Boynton Beach Hotel to serve as his family's summer residence. -3- The first settlers soon realized that an unlimited assortment of fruits and vegetables thrived in the fertile climate. Cultivated pineapples, tomatoes, mangos, oranges, lemons, grapefruits and limes were packed in crates and shipped by the ton on the newly built Florida East Coast Railroad to satisfy the appetites of hungry Americans across the country. for_. perfect Boynton Beach remained a fairly unknown tropical paradise known its weather and delicious produce until the end of World War Two. Soldiers retuming home from the war discovered that the small ~~ ,c~d only fifty miles north of Miami was an extraordinarily healthy plac~e~'~ s~. family. In addition, Boynton's close proximity to the Atlantic'M~_,~a'R~0n.~ ~'0-z~' '~"yielded a bonanza of world-record catches and g~uarante~~!~st"kept secret on Florida's Gold Coast would be a secret no Ionger.~ Since that time, Boynton Beach has grow~ 'St~dilv and never looked back. Motorola built their worldwide paging ¢ here in 1983 and the city's ' population rose from 5,000 in ~95~.P?~ .~.~. I~r'~'~umber of approximately 60,000 residents. The steady growth~d~ .~t.~ period allowed the city to be proudly recognized as the ~/~~l~..~'Pa/m Beach County. With this consideration, the city realized that p~l~di~il~a'high'~ "~'~'~ quality lifestyle and services to their · ~ -- constituent~.is.:~ a,~e,~U ,~.-'planning process. ~ ~? Source: http://boyntonbcacb..com/history/ It was in the late 1990s and early 2000's, that the Motorola Corporation began to experience a significant amount of downsizing within the city's local facility. Eventually, Motorola announced that they would close that facility. The combination of the downsizing and eventual closure has and will cause an immense impact on the city's tax and employment base. This type of closure became a trend throughout the nation. Many large companies were now opening facilities abroad. The combination of Motorola's downsizing and eventual closure was thought to cause an immense impact on the City's tax and employment base. However, this was not necessarily the end of this story. South Florida, in general experienced a socioeconomic transformation with the rapid population growth and the consideration for the very near build out of communities. With the growth influx occurring so quickly, the city fa..~ta~ the Boynton Beach 20/20 Redevelopment Plan which established a visi~r~'~.,~- future. Many of the specific areas of concerned identified and a~s~ the 20/20 Vision Plan has been formally adopted and is currently~i~l~,'~lemented. Some of the areas of concern included the Marina .a,~~..%o~hlercial Corridors (Federal Highway, Boynton Beach BL..¥,~'and 3~wn~'~'Square. From the 20/20 Vision, the city also adopted a plan for t~~f Boynton area (also referenced as the Martin Luther King BLVD)..~. he He.~of Boynton Plan exhibits a promising future for the redevelopment ' im overished area. In November 2003, a new ma~or a~~'wt~r~ty commissioners were elected to the city commission and de>ire'e~. ~icipate in a facilitated visionary process. The commie .~~..'~~entify short, mid-and long-term goals that would be implemente.~(~ci~aff. Man c~t~e "r ~ TM ' y "s~ o~.~o~u~he United States are challenged with the questions: · ,,~J~do we want to go from here? ~~a'~' we want to look like in five to ten years from today. · H(W~ can we develop a community that citizens will feel engaged? These types of concerns are the same ones that challenged the Mayor and City Commission during this "visionary" process. The leadership within the city recognizes that in order for them to get ahead of the economic and social curve of South Florida they must create "One Vision ... One Boynton." The implementation of a strategic visionary process is a key component to developing an effective measuring tool for successful municipal organizations. This visioning plan must be timely and serve as a declaration of the city's intent to promulgate specific policies and programs that are align with the agreed goals and priorities. Ultimately, the final outcomes will help to define where the ,~.~.'-~ to~ City of fito ~'uld like to be in the short and long term. Four Phases Planning Process The City of Boynton Beach contracted Emerge anize and conduct the strategic visioning planning session's decision makers. Emerge Consulting, applied a Four (4) Phase isioning Process as a guideline. Below is a detailed outline of for each phase, as well as a visual chart to explain the process Phase !- Current Future State Des/~Tn During Phase 1 )n, Manager and Department Heads were the both the current and future environment .~,- (both internall, within the city. The commission participated in a help assist with the identification of the various issues. the significant issues were formulated into the top, mid- and long- The results from the SWOT Analysis and the identified were presented to the department heads during the staff workshop. Phase 3: Implernentat/on Planning During the staff workshop, the different priOrities were assigned to the appropriate department heads. An action plan for the each priority was created and prepared to be presented to at a special city commission meeting. Phase 4: Adoption and Implementation A review and discussion of the action plans was conducted during a special city commission meeting. Here the final priorities and their action plans were adopted by the city commission for implementation. A key component of the implementation process deals with the assessment of action plans. Conducting progress reports during and after each timeframe for.~.., ion plans will help to monitor progress. oo Section 1' Examining and Planning for Strategic Success City Commission Pre-retreat One-on-one ~esslo~, 52~ ~ The City of Boynton Beach's CommisS~5O,~ana~anager gathered together on Friday, Februa~ 27, 2004 to inqtiate {~ttategic planning process. This day retreat se~ed as the ideal me~ting~ppodunity in which the recently organized commission met togeth~[~ o~S~Of the City Chambers. The objecti~ps of~:t~tr~t were: ~. Col~e~ in~ provide a cloar and mutual undorstandin~ of tho ~~:sioner-manager.~ form of government ~""~?~ieW of the National Civic League's 'Hi/American City" principles 3. SWOT Analysis - Identification and discussion of key current and future strengths, weaknesses, oppodunities and throats for Boynton Beach 4. To present an oppo~unity to review pre-retreat concerns and their correlation to the SWOT results 5. Identify and provide direction for the top, mid- and long-range priorities and how to strategically apply them of the future of Boynton Beach Retreat Format and Proceedings Format: The retreat was organized to provide an open and informal environment in which the participants were able to freely share their thoughts and ideas. The following summary provides a recap of the discussions and events which took place. Proceedings: The retreat s main facilitator, Clarence Anthony, Emerge Con..~J~tmg'"l~! Mayor Jerry Taylor provided the welcoming and review offS' Boynton Beach's Poiots of Pride .~ '"_.~ ? lhe City of Boynton Beach has many servic~s'*~.~rtunities~ to offer to their constituents, lhe facilitators felt that~his se~of~--community and pride should be highlighted throughout tho r~ro~ in order to assist with tho nt The Points of Pdde,~~'low, commence f om many sou ces and stated: ~ ~oynton Beach is the 3rd largest city in Palm Beach ,..~ ~ ~ -~un~, .,~ '~. > The ci~ is considered the 'Gateway"to the ,.~. . - Gulfstream. ~ ~ Boynton Beach's Oceanfront Park was rated by The Pa/m Beach Postas the best overall beach in 2001. ~ The ci~ has adopted the Company D, 2nd Baffalion, 327th l nfant~ Regiment of the 101st Airborne Division Air Assault, a.k.a. DELTA DEMONS of the United Stated Army, who are currently se~ing in Iraq. The 2003 East Boynton Beach's Little League Baseball Team gained national attention when they became the first S. Florida team to win the U.S. Little League Championship and advance to the World Series. Team Building Activity An introduction team builder was conducted to provide the lead working sessions involved in the retreat's agenda. General, b,,~.~n'i~ning information such as hometown, hero/heroine, life'Se, n~~v!,ld~.,.,~~succe~'~i~, ·~he interest in the City of Boynton Beach's Governm each participant. This thoOght provoking session ~ed ~'ght~'i~o help create the common bonds and issues that could he'iP"~..a?~3nger~ city commission. ~.~.~ .,~ ~- ManagedCommissioner Form of ~rff~t ~ .... ~.? '-~.. k.~' . . Participants were presentett a ~r ..F~t l~?bsentatlon which served as an overview for the technical ~a~c~ral format for the managedcommissid~d~O.,[~hd throughout many municipal governments (See Appendix~..?"~1') ~~,._ "~ "~~' - ' CollectiCi~ly tl~gro_~p brainstormed the key concepts and roles in which they f~e!~P~pJicable to the positions. The following table provides the points MANAGER MAYOR/COMMISSION Deliver budget Set policies Policy execution Hire City Manager Manage Hire City Attorney Problem solver/facilitator Working towards the common good of residents Team builder Achieving a Conesus Financial viability Assist city manger to do the rightfully. For city .:~ Ne o,,a,or .eace ma ers Maintains workin~ onviron~ont Directs commont~es ~ for employees Resolves citizens issues Handles the mission versus staff issues Hires/Fires Staff A//-Arnerican Princi Recognizing that City Commission has a goal of creating a community that )les of the National Civic League's (NCL) "All American presentation capturing the key components was 2). ion of the City's Values - Diversity, Integrity, Stewardship, and C (DISC) was held between the participants. These core values can be directly associated to the principles in help earn an "Ali-American City" honor. Strengths, Weaknesses, Opportunities and Threats -SWOT Analysis The major segment of the retreat dealt with the preparation and completion of the SWOT Analysis. The participants worked together to briefly discuss and work through the identification process involved in the four exercises (Strengths, Weaknesses, Opportunities and Threats). All notes ~'~,- suggestions from the participants were noted and provided on p~"~-..'-~~ ~'~ through out the room for reference. '~ During and immediately following the lunch break,~,J~.~ip~s were informed to use the provided star stickers to !~ti~ (~. ~)'.~e top three topics from the fOur different exercises. "'~/j/ The compiled listings of all of the sWo~S,~." s well Vas the amount of stars assigned to each topic are provid~~~ing pages. STRENGTHS - (Def.) any internal asset (know-how, motivation, technology, finance, business links) which will help to meet demands and to fight off threats Stars Awarded Issues Identified ** Trash Collection ~ ~.~. ** Employees2 *** Outstanding Utilities (water/parks/recreatiq~ Successful in grant administration (in,.c[~ppl~n/awards) Shopping ** City Response to citiz~4 hology - in goo~~T is only 18 months behind Employs; ~~..''~' R~r~eeP~lerk * Li " '~" ~o..~e eve,o,m.nt .~ ~ ~'ta~sEducation '-"~~, Effective C~ 7 ... Adviso~ Boards Strong Staff s *** Good Response for Emergency Se~ices (Fire Rescue) Commentary on marked items: 1. Trash Collection -- The Commission reported receiving many compliments on the services provided to residents and businesses. 2. Employees/Strong Staff -- Viewed by Commission as very important to maintaining excellent services; good services provided by motivated City staff. 3. Outstanding Utilities (water/parks/recreation) -Recognition of the infrastructure, quality of programs/services. 4. City Response to citizens -- Viewed by the Commission to be very good with follow-up and follow through by staff. 5. Library -- Recognition of what it is now and what it can be in the ..fi&tuse'~r remodeling. 6. Elected Officials - Belief that the current Commission and those_~t p .]~ed it have made a difference in the Community. 7. Effective CRA - Recognition that there is much to do in the,~jll~and appreciation for the work to date. 8. Good Response for Emergency Services (Fire Reff~Xo~i~t~;' ~ source of very positive comments'from citizens. The servic~ov, i~led~i~e p~rompt, professional and compassionate. WEAKNESSES - (Def.) internal deficits hindering the organization in meeting demands Stars Awarded Issues Identified *** Big on plans- lacking on execution ~ ** Inability to get big business investments 2 ** Pohce staffing # s (on the Iow s~de) 3 ~ .~_ * Community outreach ( diverse languages 4 ** Lacking on teen activifies 5 ~.,~'~ * Space Needs (e.g. Public works in re~~a) 6 ** Fiqancial Resources lackin~~~' *** Reactive vs. Proactive 8 ~ * Bureaucracy- planning/permi~'r~ ** Loss of Employees ( ~P (ear{~ retirement) 10 ** Term Limits 11 ~ Sunshln~La~~ro~ and limitations Customer ~i~ ~u,her training (?) p~a~nflu;~S on staff T~ ~~;rganization ,.~~~guration of districts .,,~ ~__~ . erlapping for Boards Commentary on marked items: 1. Big on plans- lacking on execution - Is there a breakdown in project delivery after formulation? This needs to be explored. 2. Inability to get big business investments - Possible need for a cohesive economic development program. 3. Police staffing #'s (on the low side) -perception of service calls increasing and response time increasing may require more staff on the street. 4. Community outreach --9 diverse languages - This is an emerging challenge as more non-English speaking residents come to Boynton Beach. 5. Lacking on teen activities - Perception of needed facilities and ser~ 6. Space Needs (e.g. Public works in residential area) - Relocation an~_~..-: orientation of City facilities, q~~~"~~l~a 7. Financial Resources lacking - Compared with Boca Raton an ch, Boynton Beach has to struggle to fund services and capital llgOj~s~ 8. Reactive vs. Proactive-Perception that we are no~i~-tr~s and impacts soon enough. . ~ ~ 9. Bureaucracy- plahning/permitting- Still a th'ere are procedures and practices, especially in regulatory areas, th~/.~ notcher friendly. 10. Loss of Employees -')DROP (early retiremenO~rn_ over institutional memory leaving the City. _.~.~_ 11. Term Limits - A reflection of some fru~n about the present Charter. H°wever'change°ftermlimitsmus'tc~citizensn°tfr°mtheCity'.~ :;'~%~ ~ ~' OPPORTUNITIES - (Def.) any external circumstance or trend that favors the demand for an organization's specific competence Stars Awarded Issues Identified Growth= more tax money Motivation for employees 2 Focus on attracting future markets. Increase c~nities to bring more projects * Land annexation 3 Scripps - BB providing location for res~nc~ Mixed use ~ Dostination Gi~ (tourism lipa *** Town Square concept 5 ***** Opening of Boynton I.~(draw ~idge) 6 Bring Marlins locally Commentary on marked items: 1. Growth= more tax money- Belief that strategic development is beneficial to the City. 2. Motivation for employees - Recognition that the staffbase is solid and talented; there is a need to motivate for retention of good staff. 3. Land annexation - Annexation of areas should be explored but analyzed carefully before jumping in. 4. Destination City (tourism e.g. ballpark) - Recognition of the work of the CRA was reflected along with other venues in the City./~ ,~..~- -~ ~' .~ 5. Town Square concept- Need to focus on the area as possibly a loc~io~ ~ cultural activities, governmental services and social functions. ~ ~ 6. Opening of Boynton Inlet (draw bridge) - Viewed by the Comm[~on~.- significant, albeit long-term, measure to improve Boynton Be~e~ination. THREATS - (Def.) any external circumstance or trend which will decrease the demand for the organization's competence Stars Awarded Issues Identified Language ~ Transit 2 Sunshine Law * NIMBY's (Not in My Back Yard) 3 Roadways/Parking Economic= too much dependence on~e r~ue source * Poor Follow Through 4 _? La~k of competitive salari .... Homeland Securi~ '--.' Quality of schools 5 ~ · Lack of engagement~~neighborhood businesses LOSS of ~aste &g;~~e/waste) Med~a rep~g ~? * D~i~of in~./m a rkets7 H~~mo. ~~Si~~ rental communities 0 ,~* ~ '~'esults/Actions taken by other levels of government9 ~ ~~, Use of City Se~ices by non-residents Commentary on marked items: 1. Language - Relates to diversity of language/culture in the City, which places strains on the City to accommodate an ever-greater diverse population. 2. NIMBY's ~ot in My Back Yard) - The City invests a disproportionate impact, attention or allocation of resources answer the needs/wants of activists. 3. Poor Follow Through - Still concerned about some response to citizens by some departments, especially when more than one department is involved in solving a problem. 4. Quality of schools - There was recognition that the quality of schoo profound impact on the perception of the quality of the communityl · engagement by the City will be needed on school issues. 5. Lack of engagement with HOA/ne~ about the effectiveness of the City's neighborhood programs level of citizens. ~ 6. Diversity of industry~markets - It was viewed rather of industry and ma[kets in Boynton Beach. 7. Excessive rental communities - Belief that properties in the City. Not only apartment complexes of absentee landlords presenting problems with code overcrowding. 7. Results/Actions taken by other levels - We continue to have difficulties with mandates by the State and Federal Government. Working as a group, further discussion and review of the higff~§t.~::~nkihg topics from the SWOT Analysis was reviewed to make suJ~ ~i~t.,~':~re;~ was an overall census from the participants. The high,~e~n'~:Orthe most promising topics were noted and would be a~t~ for t pdodtization activity to be conducted later in the retreat. Pre-Retreat One-on-One Sessions- Re~,~,:~ Prior to the retreat, the facilitato~s;~t6~tbe-:pa~icipants in one-on-one sessions to gain an insight of~ei~iews and expectations for the future of the City of Boynton Bea~ T~e mawr components from all the sessions were compded and prese~te~e ~d~c~pants ~n a s~ngle document (Refer to Appendix C). This'~vit~Was conducted to allow the c~ty commission to identi~ ~her~'~'~~ ~ what their course of actions were prior to the retreat. ~io~~op, Mid- and Long Term Planning L~;~the results obtained from the Pre-Retreat Sessions and the SWOT Analysis were provided on posters for the pa~icipants to refer to. The use of the ~o activities would aid the pa~icipants in the ranking and organization of the top (present) mid- (near future) and long-term topics associated with the future plans and outcomes for the City. The following priorities (in accordance to their term) were: TOP (NEAR FUTURE): 1. Infrastructure (Diversity) 2. Financial (Tax Based) Planning a. Diversity of funding source 3. (Re)Development and Growth a. Corridors of Opportunity: Congress, Woolbright, Downtown b. Pending Projects: Heart of Boynton, Marina c. Smart Growth 4. Regional Intergovernmental Issues: Schools, Public se[¥j~ces~'. police, fire rescue) 1. Water Supply (identified as a 9 year pr~ - LONG-TERM: 1. East/West Issues (particul~ments and verification of a investment cycle) ',~' -~'~..~.~' ~ 2. Annexation ,.-*% Follow-up: As part of the four phase planning process, the consultant, Emerge Consulting took the results from the retreat and prepared a workshop to be presented to the department heads. This workshop would address Phase 3, Implementation Planning. Workshop Format and Proceedings Format: The City Department Head Workshop was held on Friday, April 2, 2004, during a special department head meeting. The purpose of the half-day workshop was to present and to provide assistance in the draftin~~ strategic action plan based on the results of the City Commissio~2'~.': day retreat. The following summary provides a recap of the d~i,~jss~' and events which took place. Proceedir~$; ' Clarence Anthony of Emerge Consulting served~~acilitator of the workshop. The following departments a~,n&h, e.~ad st~iff were in attendance; City Manager ~. . Kurt Bressner Assistant City ,.. .-,- Wilfred Hawkins Assistant City M~a_~¢" Dale Sugerman Develop~.t ~.~' Quintus Greene ,~ F~~ Diane Reese ..- ""~Fir~ue Bill Bingham _~, ;~J~J~an Resources Arthur Lee .... "~olice Department Marshall Gage Public Affairs Wayne Segal Public Works Jeff Livergood Workshop Objectives A quick powerpoint presentation (See Appendix 4) had been prepared to provide an update to the department head staff. The following topics were addressed: · Boynton's Points of Pride · City Commission/Manager Retreat Recap · Provide a forum to allow participants to comme~.~' outcomes from retreat ~..~,': '~; · Discuss future planning and implementation__ ~' '~.,.~'i°n'~'~"~ Development of Strategic Action Plans ~ '' ''-~ identified via two separate workshops he~d ~~nffhe City Commission (held on 2-27-04) and City Department J-leads (~ld on 4-2-04). Subsequent to the list is a planning~Cha~ix, as well as a detail breakdown of the priorities action plans w~. ~ .~'~ared by the responsible department head. ~ .., ~'~ ".~. ' ~''' Re ,on g' a fi~l~l~~'ental Issues: ~*' "~'(~,~Sc~I; (#2) Public Safety Services Re~P~ll~nt'~--~-'~' "and Growth Issues: ?;~~ '~'-.,.~.~.~) ~eart Of Boynton (#2) Boynton Beach BLVD ~ .~- .* '~, (#3) Town Center (Congress AVE) (~4) Federal Highway , (#5) Woolbright ',~ Cycle of Service - East/West Community Infrastructure and Capacity Building Regional Governance Financial (Tax based) Planning Annexation Water supply PRIORITY: Community Infrastructure and Capacity Building Actions: ,~ ~;~ir,,., 1. Write and implement a iwould identified and address Neighborhoo~ Se and outcomes to accomplish Capacity Building (CCB) focus and ad Assistance Program grant guidelines to individual H©A C.C.B. training and activities. 2. Meet'~ exi~Sting organized north-east neighborhoods to ~xpl~ a'nd obtain buy-in of the neighbo~oods on the Capaci~ ~r~g focus. -~, Hold a formal training summit with workshops inviting key citizens to a~end. Five (5) focus issues of CCB: · Effective HOA's · Exercising your right to Vote Neighborhood Safety · Understanding the Local Political Process · Improving the Neighborhood Environment. Partner with the private sector to sponsor and participate in the training summit. Invite well recognized speakers and facilitators. 4. Conduct scaled down post summit training sessions to reinforce and get status. Check on progress with existing and newly formed HOA's. Timeframe: ~'~,,~.~ Start: October 1 2004 ~~~~ End: Septem, ber 30,2005 ,#~~'~¢'~ ~' PRIORITY: Financial (Tax based) Planning ~ Actions: 1. Bring in Mr. Ken Small from FL Cities to meet with staff for an intensive one day review of current revenues. Based on Mr. Smalrs experience with other governmental agencies in the state he will make recommendations on improving revenue sources or creating new ones.;~ "~" '~-~ 2. Mr. Small will present findings to the City Com~On~.~ :¢a-brief 1 hour presentation. ~ ~ 3. Explore alternate revenue sources ~,~v.~Pment impact ,fees. .,~" '~ 4. Implement and incorporate rec~ ~:~da~:)ns into 5-Year Financial Plan 3r~,.~ Timeframe: ~ ~-~ '.~; June~(~e~¥Finance Director is on board) Start: Mid End: One~~'~' PRIORITY: Redevelopment and Growth - Corridors of Opportunity Issue #1- Heart of Boynton Insert Heart of Boynton (MLK) Map Here Actions: . ~:~. ~ 1. Acquisition o~pp,~m~ ~t~cres of property centered on the intersecti/on~.Se.~est-~"' and Martin Luther King (10th Ave.). Reloca~:l~ ~ ,a_~e~d residents and businesses and the 2. In~_~ll~of new public infrastructure as required, i.e. streets ~:.'* ~'t;~"S.~?"- Issuance of a Request for Proposals to qualified "~'~ ~'~pment companies. .. Selection of a preferred developer and initiation of negotiations '~ for construction of the desired improvements. 4. Provide attainable (work force) housing and home ownership opportunities in this redevelopment area Timeframe: Start: January 2003 End: December 2008 Issue ~r2- Boynton Beach BLVD. Insert Boynton Beach BLVD. Map Here = Actions: ~' '~ ~ 1. Refinement of the ey~l~ se Low Zoning District to allow for a mf~ of ~J~ c¢~siS e~n't with the roadway classification 2. Devel ~'~ 3. '...~t~ a fertile environment for innovative mixed-use projects .~'_ ~ by ensuring a timely, cost effective and predictable development "~-' ' ' "~A '" approval process. Timeframe: Start: July 2003 End: July 2004 Issue #3- Congress Avenue Insert Congress Avenue Map Here 1. Development of a S~~ Use Zoning District designed Actions: ~ ~" ,¢,~ to allow for a~i.,x ~es'~.-~on:l~v~ith~~ increased residential and 2. Compi~e~. ~'~ Scale Land Use text amendments for sele?~_-' p~*~ts in the Congress Corridor. 3. ?,~"~rtile:. -~.-- environment for innovative mixed-use projects ~uring a timely, cost effective and predictable development Timeframe.'~ Start: November 2003 End: November 2004 Issue #4- Federal Highway Insert Federal Highway Map Here Actions: ~ Ix d HI h~''~''~ I 1. Refine the ex'sting M' e ,~ 'g and M'xed Use Low Zoning Districts to allow for a mi '_~~onsistent with the roadway classification and ~c.~~r;~~' 2. Define the In~l~.~qU~ti°ns to take advantage of under~sm~arcels to foster a range of residential and come--unities and choices consistent with adjacent dev~en~~ ~Be~P~nt of an appearance program designed to enhance ¢~3. ~~'s "gateway" image at the no~h and south ends of the '~~ corridor. ~~4'~ Create a fedile environment for innovative mixed-use projects by insuring a timely, cost effective and predictable development approval process. Timeframe: Start: August 2003 End: August 2004 Issue #5- Woolbright Insert Woolbright Map Here ~) Actions: :~,~r ..~ ~ ~.~t,'~'''' 1. Refinement of the e)ji~t~g~se High and Mixed Use Low Zoning Distri~s to'~.w~~' ~.,a~f~ a'~flix of uses cOnsistent with the roadwa~y cla._~s~~'~d~' ~"" character of the street as a boundary betwebrl~lJ~q~{t~_oning~~ '~' districts. 2. Deve~."~m~f a~ ' '""'~-~' n appearance program designed to enhance .~t ..t~ 5y" image of the corridor at 1-95 heading into the ";~~ ~~ore area. .~*-~,__ '~. Create a fertile environment for innovative mixed-use projects ~~~"~'. ~ by insuring a timely, cost effective and predictable development "~ '~'~ approval process Timeframe: Start: October 2004 End: October 2005 Issue #6- Town Center Insert Town Center Map Here Actions:~,,~-¢~" .7 - 1. Review existing lan(:~S~_~Ct area. 2. Review stake1~old~ide~i!~-f~rJ '~,¢-,-~¢' ,redevelopment of Town Center (GoverDmen. J~ ~.a ,¢Reoreation and Educational uses). 3. Devel an for Area m~,fr~entation 4. Devil i Strategy and Financing Strategies. Timeframe~ ~ ~' ' ,~.?art: May 2004 d:December 2005 PRIORITY: Regional Intergovernmental Issue Issue #1- Schools Actions: 1. Review the current (five-year) capital planning program for the schools in Boynton Beach per the Palm Beach School Board priority list. Aisc evaluate the long-term school program based on current and future needs taking int~f~ f~/ing factors: ~ a. anticipated gro~h through redeveloper" ~';~ downtown and Heart of Bo~~~w~, b. anticipated gro~h due t~'e '~ Motorola~inchester/e~a~ re~ential area c. enrollment shifts ne~sa~ a~ existing schools to maintain the appr~~ss size ratios 2. Work with the princi~o~~hool~~ and in coordination with -~r~a~e~~ts to assist in funding the the District's deficient are~?~u~ent--~- of parents to se~e on SAC's and suppo~~~;f equi~ education. 3. Esta~ ~ ~{ionship with the non-public schools with ~2i~1 ;rograms. ~ 4. business associates (e.O. Chambor of Commorce), ~. ~ major employers and homeowners associations in communi~ . .. padnership pro,ram to provide improved eOucational oppodunitios and rosources. Timeframe: Start: August, 2004 End: On-going Issue #2- Public Safety Services (e.g. Police & Fire Rescue) Actions: · ;~; ~.~-~ 1. Inventory all of the public safety staff!~g~an~ervf~es. Includes cost estimates. (Completed) 2. Determine which programs and/0~wic~ can be logically pa~nered with other governmental a~:ncies and city depa~ments.~,:' ~ :?:%~ 3. Presentation of se~m~de~O options and costs to c~ty Commission for ro~q~ ~a~oval by intra-local a~reemont and budget ~~ls..~Example: ~omt Boynton Beach and ~alm Beach' ~O¢~,.~'Rescue se~ices and the application of cost sharig~). ~ ~ 4. Go~0d~-effects for mtor~ovornmental comm~oos and '~'Z :B[ga¢~ations,¢~.~rj ' which will aid in the facilitation of improved public ~{~ '~*~ safe~ se~ices with shared resources (Example: League of ~,.~, ,~ ~ Cities). Timeframe: StaK: May, 2004 End: Decomber, 2004 PRIORITY: Water Supply 1. Plan and del~v upply from deep and shallow water resour,.¢~.~ ~' ' ~ ,~-.~ .? .. 2. Exam~9¢~?~bAumbes~., --- prowded w~th the use of reclaimed ~.,. 3. ~d~s.-~doquate water sources for future ~ro~h. ,¢ :54. ~ate the shi~ from Floridian (deep) Aquifer and plan the ¢ ~ continue use of the Biscayne (shallow) Aquifer. Timeframe: StaA: Immediately find: Soptombor 30, 2008 PRIORITY: Cycle of Service- East/West Actions: 1. Inventory existing service levels both east and west of 1-95. These demands include emergency services, recreational activities, and other routine municipal functions. How do the service demands differ by region? 2. Identify future service demands and needs both e~n(~t of 1-95. 3. Identify impediments (perceived and real)to~.~aused by added cost because of these i~men~ ',~' 4. Identi~ current prope~y tax re~e~ro~oth east and west of 1-95. 5. Evaluate the ~mpact of th~' C~ 9n future C~ty revenues and . . . sew~ce oemanos. Identi~ opp~ni~n~&r~ base gro~h both east and 7. Sum~~~ and prepare recommendations. ~.~~nd: Spdn~, 2000 PRIORITY: Annexation :> Actions: · .~:~ ~ -~, . 1. Meet with Planmng/Zomr~'"~.,~t~,~'~,'determme what areas can be annexed w~thout 2. Determine fea~~-msidents agreeing to be annexed. · -~%~ -- Prepa[~ro~ to b~g a City resident. Prepare cost to residents ~:~ .)? . .... 3. Prese~nd~ngs to the C~ty Commission for d~rect~on. 4. ~J~nve~' of current conditions and water related se~ices which ?{~ ~ ~i~;~]ay a major influence. Timeframe: Stad: April 14, 2004 - Item 1 - complete End: Pending PRIORITY: Openin9 of Boynton Inlet ~ .~ '~.~, ~ ~-' 1. Get ke~stakehol~[s to explore th~s oppodunity. This would include ~E~ge and Hypoluxo. 2. EvalUate th~}*~Conomy and environmental impacts. mimefra m~?~o~si~g~ on/y) ,"'~. Stad' 2004 ..~ '~%~ · ~{%,.~ *'~hd: November 2007 Section 2: Integration and implementation of priorities <PENDING> Section 3: Future Plans: Agenda Preview <PENDING> · Review of commission special meeting. · Provide progress report templates. · Provide final time frame APPENDIX 1 APPENDIX 2 Welcome to the National Civic League's All-America City Briefing Briefing Agenda · Overview · NCL and AAC History · Completing the Application (Community Information, Pads I- III, Criteria, Rules and Procedures) · Questions Citizen Democracy GOVERNMENTl NON-PROFITS ~ National Civic League The National Civic League (NCL) is a national, nonprofit, nonpartisan organization whose mission is to strengthen citizen democracy by transforming democratic institutions. Founded in 1894 by Theodore Roosevelt, Louis Brandeis and other turn-of-the-century reformers, NCL promotes the active involvement of citizens in the governance of their communities. Based on a firm belief in the power of broad-based citizen participation, NCL is committed to the principles of collaborative problem solving and consensus-based decision making. Th e B e n efits of Being an All-America City Economic Benefits · Individuals and businesses looking to relocate seek out AAC VVinners and Finalists, recognizing that they are good places in which to live and work Economic Benefits - cont. · Tourism · Grants · Bond Rating · New Business · New Residents Community Pride · The Award reinvigorates a community's sense of civic pride. People are proud to live in an ~ '~ Ali-America City ~r ~ and they work hard to live up to the name Community Collaboration · The application process itself presents a unique opportunity for communities to evaluate themselves and foster new community partnerships Applying for the All-America City Award Does Your Community Have What it Takes? The All-America City Award recognizes exemplary grassroots community problem- solving and is given to communities that cooperatively tackle challenges and achieve results. A community that teaches the rest of us how to face difficult situations and to meet those challenges in innovative and collaborative ways can become an All- America City. What is a Community? The National Civic League promotes and observes a broad definition of community. Representatives of cities, towns, neighborhoods, counties, and regions- both formal and informal - are eligible to apply for the All-America City Award. Civic associations, local governments, chambers of commerce, educational institutions, etc. may apply in the name of a community. AAC Criteria · Participation of the public, private, and nonprofit sectors and key constituencies to the maximum extent possible · , Recognition and involvement of diverse segments and perspectives (ethnic, racial, socio-economic, age, etc.)in community decision-making · Creative use and leveraging of community resources AAC Criteria continued · Significant and specific community achievements · Projects that address a community's most important needs · Cooperation across jurisdictional ..... boundaries ~:~ · Clear demonstration of project results and impacts -- for example, dollars raised or number of people affected AAC Criteria continued · Projects which have improved the community significantly within the last three years, and have potential to continue improving the quality of life [] At least one project should document ways in which the lives of children and youth have been tangibly improved The Four Major Components of the Application · Demographic statistics for your community · Your community's story and challenges · Three locally-driven projects · Civic infrastructure What is Civic Infrastructure? Formal and informal processes, networks and practices through which communities make decisions and solve problems The quality of a community's civic I~.~: infrastructure determines the overall health of a community Why is Civic Infrastructure Important? ,Toblessness Healthcare Education Teen ;;rowl'h/ Access Crime/ Safety This section is an opportunity for your community to demonstrate how you have engaged in the process of becoming a strong, healthy and vibrant community · Give specific examples · Examine the strengths and weaknesses of your civic infrastructure · No right or wrong answers The Four Sections: · I. What is Our Desired Future? · II. How Are We Fulfilling the New Roles for Community Governance? · III. How Do We Work Together as a Community? · IV. How Are We Strengthening Our Community's Ability to Solve Problems? The Roman Numerals refer to the four sections of the Civic Index (second edition) I. What is Our Desired Future? What is our community vision for the future? · ^ vision is a starting point, not an end, to creating long term change in a community · Describe the processes used and the results II. How Are We Fulfilling the New Roles for Community Governance? A. What roles do non-prOfits play in community-wide decision-making and how do they contribute to improving the community? · Give examples and measurable results B. What roles do businesses play in community-wide decision-making and how do they contribute to improving the community? · Give examples and measurable results C. What role does government play in community-wide decision-making and how do they contribute to improving the community? · Give examples and measurable results D. What is the extent and nature of citizen participation in community improvement efforts? · Give examples and measurable results III. How Do We Work Together as a Community? A. How does our community recognize and celebrate its diversity? · Give examples and measurable results B. How does our community work with neighboring communities to address shared challenges? Is there a shared regional vision? · Give examples and measurable results of how your community has crossed jurisdictional boundaries to address regional problems IV. How are We Strengthening Our Community's Ability to Solve Problems? Give examples and measurable results of how your community is (1) educating its citizens to meet community challenges, (2) building its leadership, and (3) ensuring that your community learns from its experiences This presentation was prepared by the National Civic League and has been altered to meet the time and needs for the City of Boynton Beach. The complete presentation may be ~ downloaded from' http://www.ncl.org/aac/resources/slide_presentations.html VI.-CONSENT AGEND ITEM B.:I.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates. in to Ci~rk's Officg [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business [] City Manager's Report [] Presentation AGENDA lTEM [] Consent Agenda [] Public Hearing --a- ~__~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award PART I of the "CHAMPIONSHIP GOLF COURSE RENOVATIO~ UPGRADE TEE COMPLEXES AT THE LINKS AT BOYNTON BEACH", Bid # 058-2910-04/JA, to DETAILED SPORTS TURF CONSTRUCTION, INC. of Hobe Sound, Florida, in the amount of $ 65~485.00 EXPLANATION: On May 18, 2004, Procurement Services received and opened five (5) bids. After the review it has been determined that Detailed Sports Turf Construction, Inc. is the lowest, most responsive, responsible bidder who meets all specifications. The bid was requested in two (2) parts: Part I -Upgrade All Tee Complexes, and Part II - Perform Earthwork and Install Provided Sprigs on Putting Green. It is the decision of the Links at Boynton Beach Staff to only award Part I of the bid. Scott Wahlin, Golf Course Superintendent, concurs with this recommendation (see attached memo). PROGRAM IMPACT: The purpose of this bid is to seek a firm price for the upgrade of tee complexes at the Links at Boynton Beach. Bidders must have completed at least three comparable, or larger projects within 300 miles of the City of Boynton Beach within the past three years. FISCAL IMPACT: Funds are allocated in the Golf Course FY2003/2004 budget as follows: Account Description Account Number Budget Res. - Golf Course Improvement 411-2911-572-99-16 $100,000.00 Deputy Director of Financial Services ' - City Manager's Signature Procurement Services ~ Department Name City Attorney / Finance / Hr, S;x, BULLETIN~ORMSL4,GENDA ITEM REQUEST FORM.DOC C: Joe Sciortino- Director of Golf Scott Wahlin - Golf Course Superintendent File Memo Sciortino, Director of O~f From: Scott Wahlin, Golf Course Superintendent~-u.~ Date: May 25, 2004 Re: Award for Bid Number 058-2910.04/JA - "Championship Golf Course Renovation/Upgrade Tee Complexes at The Links at Boynton Beach" Please award the referenced formal sealed bid as follows. Name of awarded vendor Detailed Sports Turf Construction, Inc. 9142 S. E. Pomona Street Hobe Sound, Flodda 33455 (772) 546-8013 Phone (772) 260-0737 Mobile (772) 546-6207 Fax Contact: Thomas Morrow Reason for award/past experience 1. The bid pdcing was requested in two parts with separate pdcing provided by the bidders for each part. We have decided not to do Part II this year. Detailed Sports Turf Construction, Inc. was the Iow bidder for Part I. 2. Detailed Sports Turf Construction, Inc. showed a "No Bid" for the removal of the "Existing Practice Bunker" anticipating that this work would be included in Part II. Since we have determined not to do Part II having this information will be helpful. If necessary, we can perform this work in-house for $680 dollars including labor. The difference between this bid and the next Iow bid is $1000 dollars. 3. Detailed Sports Turf Construction, Inc. meets all of the requirements outlined in the bid and there is no justification to choose a higher bid. Amount of award Part I - Renovation/Upgrade Tees $63,150. + BONDING 2,335. TOTAL $65,485. Budget account number Budgeted amount 411-2911-572-99~16 $100,000. :;o ::o m ~m ~ m m rn r- ~ > ~ 0 :1:1:0 0 ' ITl m ~ 1:~ C ~ 1~ ~ C C 0-0-0 ~, m m ~ ~ ~ .~ .~ ~ ~ ~ m-a Co77 ~ z ~ _~ 0~ rn m -r z ~ r- '- 'T Ill m ITl r-- ~ -- m m ~ ...m. ..~ m -- o o o o o o o o o o o ~~/~ o m .., o ~5 o o o o o o o o o o o o o~°°~o 0 '".,,,. · ~ x 0 '1~ t.,,--1 ~ o o o~ o ~ o o - ~ ~ § ~ '0 --I z~ ~ ~-5' X ~-° .,ru9 ~ ~ ~' ~ '~- - "~ '~' ' .~ _(~3 I-' 0 ~,,~C ..1.1 ~ ~zz m-0 .o-< I:)00 ~×oo~ mm Om Z ~o gg ~ o ~~ ~ o ~ ~ m ~ ~ ~zz _.CO " 0'~ _~-< -~ O~ <o- × 0 0 .=~ "0o - ~Z m - < ~o~ ~ ~ ~ m VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18. 2004 May 3.2004 (Noon) [] July 20. 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unf'mished Business RECOMMENDATION: Motion to accept the negotiated contract with GLATTING, JACKSON, KERCHER, ANGLIN, LOPEZ, RINEHART, INC in the amount of $60,000.00 for consulting services, and authorize by resolution the execution of a contract in awarding the Request for Qualification (RFQ) #025-2710-04/CJD, "DEVELOPMENT OF A STRATEGIC PLAN AND UPDATING THE RECREATION AND OPEN SPACE ELEMENT OF THE CITY OF BOYNTON BEACH'S COMPREHENSIVE PLAN". EXPLANATION: On January 28, 2004 Procurement Services opened and tabulated seven (7) submittals for the "Development of a Strategic Plan and Updating the Recreation and Open Space Element of the City of Boynton Beach's Comprehensive Plan. An evaluation Committee met in public session on February 18, 2004 to discuss and rank the proposals. The Evaluation Committee members are: Wilfred Hawkins, Assistant City Manager; Wally Majors, Director of Recreation and Parks; John Wilner, Deputy Director of Recreation and Parks; Virginia Shea, Senior Recreation Manager; Barbara Meacham, Parks Landscape Planner; Dick Hudson, Senior Planner; and Hanna Matras, Planner. On April 6, 2004 Commission approved the ranking of the firms, and authorized Recreation and Parks Dep~tm ~m/~-tg. conduct negotiations for compensation of services. 2:~ PROGRAM IMPACT: The RFQ was issued to secure the services of a qualified consultant firm to assist [~ Ci~ evaluating the organizational structure of the Recreation and Parks Department, and provide the Commu~lV wi~i-a: long-term strategy for further expansion and enhancement of recreation I)rogramminl!, ol)erations, and facilities. FISCAL IMPACT: Funds are appropriated in the FY2003/2004 budget as follows: ~ Account Description Account Number 1Budget --a rrtc~ Other Contractual Services 172-2712-~72-49-17 A ~~$/6~gn ::x: Deputy Director of Financial Sel3~ces '// ' ' ature Procurement Services Department Name [-- -C,~ ~o~'3rTTinance / Human Resources S:kBULLETIN~ORMSLAGENDA ITEM REQUEST FORM.DOC cc: Wally Majors - Director of Recreation and Parks 1 2 3 RESOLUTION NO. R04- 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, APPROVING THE AWARD OF 7 RFQ #0025-2710-04/CJD TO GLATTING, 8 JACKSON, KERCHER, ANGLIN, LOPEZ, 9 RINEHART, INC., FOR CONSULTING SERVICES 10 FOR THE DEVELOPMENT OF A STRATEGIC 11 PLAN AND UPDATING THE RECREATOIN AND 12 OPEN SPACE ELEMENT OF THE C1TY OF 13 BOYNTON BEACH'S COMPREHENSIVE PLAN; 14 AUTHORIZING THE C1TY MANAGER TO 15 EXECUTE A LETTER OF AGREEMENT BETWEEN 16 THE CITY AND GLATFING, JACKSON, ET AL.; 17 AND PROVIDING AN EFFECTIVE DATE. 18 19 WHEREAS~ upon recommendation of staff, the City Commission of the City 20 Boynton Beach does hereby approve the award of RFQ #024-2710-04-CJD, and 21 the City Manager to execue a Letter of Agreement between the City and 22 Jackson, Kercher, Anglin, Lopez, Rinehart, Inc., in the amount of $60,000 23 services; 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The City Commission of the City of Boynton Beach, Florida, 27 approves the award of RFQ #024-2710-04-CJD, and authorizes the City 28 to execute a Letter of Agreement between the City and Glatting, Jackson, 29 Anglin, Lopez, Rinehart, Inc., in the amount of $60,000 for consulting 30 for the Development of a Strategic Plan and Updating the Recreation and 3t Space Element of the City of Boynton Beach's Comprehensive Plan, a copy of 32 aid Contract 'is attached hereto ;:\CA\RESOV~,greements\Bid AwardsV~,ward of RFQ - Glatting Jackson - Strategic Plan Update.doc Section 2. That this Resolution shall become effective immediately. 2 PASSED AND ADOPTED this __ day of June, 2004. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ~,TTEST: 22 23 Clerk 24 25 Seal) 26 27 28 29 of RFQ - Glatting Jackson - Strategic Plan Update.doc RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 04-64 TO: Bill Atkins, Deputy Director of Financial Services /.~_ FROM: Wally Majors, Recreation & Parks Director DATE: May 28, 2004 SUBJECT: Comprehensive and Strategic Plan Proposal At the April 6, 2004 meeting, the City Commission authorized the Recreation & Parks Department to conduct negotiations for compensation for services provided by the firm of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. (Glatting Jackson). Gladding Jackson will prepare the Parks and Recreation Strategic Plan and update the existing Recreation and Open Space Element of the City's Comprehensive Plan (RFQ#25-2710-04/CJD) in compliance with Florida Statutes. The following committee was created to review the proposal and conduct negotiations: John Wildner, Deputy Recreation & Parks Director; Virginia Shea, Senior Recreation Manager; Barbara Meacham, Parks & Landscape Planner; Wilfred Hawkins, Assistant City Manager; Dick Hudson, Senior Planner; Hanna Matras, Planner; Jeff Livergood, Public Works Director; and Wally Majors, Recreation & Parks Director. The committe met on May 11 to review and discuss the proposal received by Gladding Jackson. Attached are two copies of the proposal/Letter of Agreement that was accepted by the committee. The fee to conduct this project will be $60,000, xvith funds being available in account #172-2712-572-49-17. Please prepare an Agenda Item Request Form for the June 15, 2004 City Commission meeting to request ratification of the Letter of Agreement. /wm (attachments) C: Wilfred Hawkins (w/o attachments) -- 0 0 z ~--t 7 m "n -n '-n "0 -ri 0 o zo ~z z _ ~ 7m O"r -H co)> m z - - 03 ITl c~m o -n m .-. >! m m~ )> ~ .. ! °c m - -~ ~- 0 Z rn 0 ~0 z ITl -0~ 0 m ~> m -o m co zz - O~ zZ ,~.~ ;om ~-;:o 0~ m > -< ~ < '< < '< -< F.~: ~ ~''o m m ca: ~ m m m - m '-il-' c~ m "q ~ ~- Z Z C) -z ~o~ ~ co Z Z ~ ITl Z.l~ o c:5 03 zZ ----,---r-O u"'> '< ~: ~ ~, ~ rtl -< mO ;~ '"~ '"' -< m ~ m m> m m m m~ --~ co ~z o-~ z m° .. o ~-~i'~ 0 X~z 0 rn rn · vv 0 Z ~ O0 -0 0 z m (./3 -- _. Z -- C) m zz z z O~ 0 0 c m {~ '< ~ -< o ~ o c> ,- m~ ~ ooc> z > o->~ o < '"o :::o :::o ::;o ~;;0 0 ~ zC>0~, c~O 0 z ~-~ z rn~03 m-n'n ~ m o"r _ z Z --I O0 ~ rn Z '0 '11 u) m c]m ~ co ~z z z 0 m -- _ -n C2 m 0 m 0 m z '13 m ~ _< m -~ m o " Om ~ ~,~ m -< m ~. rn , :Z ~ -"1 om < o~ ~ ITl z~ ~ ;o ~:;o 0 -- r- Z m 2~ m o3:> m m m m~-~& - :;o ~ (~oo~ ZZ o m° o> 0 ~ 0 .~ ~o ~LATTING ANC. LIN LE~ER OF AG~E~NT .~.+...;.._.~ May 13, 2004 · : .~, Revised lune 7, 2004 c:w s. x? ~. Wally Maj~ Jay ~ .EIo~ · r~oW<j~,~ R~fion & P~ks Dep~enI Ad,nitration ~:~ c-<,~¢~.>. CiW of Bo~toa Beach l~ E Boston B:ach Blvd. ~{-~'~'~ [2. ..... ~.-,:~x~:>~.:- Bo~t~ ~ach., FL 33425-0310 >;" ~'~; Tel~hone: (561) 742~225 Facsimle (561) 742-6233 J~<w s, cotu., Olaffing Jac~ K~h~ ~glin Lopez ~eh~, ~c. s%-~.. ~, ~lando, Florida 32801 $~,-~ x. x .... ~e: Ci~ of Bo~t~ B~o~ ~d R~tion S~tegie .Plan Jae~on 8140.0 -~,:.-~.~,;. >~x:-::,, Giaffing J~kson is plied to pro, de ~s LeR~ of A~eemmt to pr~e a Par~ ~d Recreation ~.,~.~:~n ~.t~t=j,~,~ Sm~c Plm for the Ci~ of Bo~tm Beach. n,~j N uo:-:~,~ 1.0 PROJE~ DESC~PTION : ~ ~ c. [). ~ l ¢, [[ [, , 1 . I ~e ~j~ is a Par~ and Re,cation S~ate~c PI~ for the Oil ~ of Boston Beach. Hcr, tEer.L 'rw ~ ~,~. 1..2 Ad~fi~ Professionah w~ng on the ~je~ und~ con~ to Glaffing Jackson Jo,Ii L. a~a~: include: Conn~ons LLC ~'~:"~'~:~ 2.0 SCOPE GE ~ART I - CALYSIS OF E~STING COND~iONS 2." P~j~t C~rdMafion- ~ addition to ~e ~cific ~ d~iled ~low, Glaring -:~ ' .... :- ~ ..... shal} provide ~s f~ ~a~mmt of the pmje~ Jnclu~g c~dination M~ the Ci~'s ~.,~:., 2:',:, repremnmfi~, moMt~g the project schedule as it relates to ~is sco~, and ti~ly ~-.-,,:,, ~.:c: invoicing md r~o~ng of proj~ ~e~. ~:55; 659 6552 ~: 54~ 852 :.793 Gfatting daekvon Kercber Anglin ~p~ Rinehart, Inc. -~,;~.' ~ ' ~.~ Page ,' of lO --.. :~ ,-:::-:._- ~ .-_ -~ 5618331791] GLATT]:NG JACI~SON PAGE 113/11 2.2 Coordination of the Work of Subeonsultants to Glatting Jackson - Thc Clic~nt acknowledges ~d a~e~ ~at Gla~g Jac~on ~ll assume re~on~bili~ for the c~rdinafi~ of work ~odueed ~ ~y subconsul.i~is to Olatfing Jac~u. Howev~, Cli~t a~s ~at Gla~ing ~ac~on d~s not be~ ~y l~a~liw f~ the tec~ical accuracy of ~xk ~d by o~ including ~nsul~t~. Ali professional fi~ w~king on ~ 3 Revi~ Egsting Dam ~e Ci~ ~11 ~de Ola~g l~n ~th ~I available mpa and dam re~ding it'~ s~ ~.d' bik~, ~ls ~d public buil~n~), ~ well as R~eafi~ ~d Par~ org~i7~fio~ s~ff, ~o~s ~d ~s. ~e ~y include, but are not ~ted:to Additional w~k needed, due to ~u~t~ ~ inc~lele da~ shall ~ co~ida~:d Addi~onal S~e~ to ~is A~e~m~t. 1. Ci~ of BoSton. B~h C~reh~ve Plan, incl' Furore ~d Use Map 2. Ci~ of Bo~t~ Beach R~fion Ne~ A~t 3. lnt~m Work Produ~ f~ ~e Ci~'s C~ C~fica~on 4. C~I ~v~ of Ci~ p~ks and ~6on Facilities, Tr~ls ~d 5. Cu~t Inv~to~ of Count/Adjac~t M~i~pal: P~ ~d Rec~tion F~lifi~ 6. ~t hvcnt~ of School, ~urch ~d N~-~fit ~oys and Gkls Club, YMCA, etc) 7. C~t ~v~t~ of~te Re~ag~ Facilifi~ 8. Cuncnt Iuv~t~ of Vao~.~e~lict Sit~s 10.Mk~, Wetl~s ~d Na~al F~s i4.Dep~t Budg~ ~ 5. C~I F~diUg ~s (O~ F~d, ~, Sales T~, etc.) and ~mated revues List of C~t S~ L~ ~ ~u~ ~d adult), Pro~ Le~ls and Schedules A~ photo~h of ~6 Ci~ ~b~ Relev~t Sm~es, Data ~d ~ati~ 2.4 Base Map ~e Ci~ shall p~e a b~ ~p f~e pmje~ in an ~View file fo~t, that sho~ the follo~n.g: Glatting JaCkson Kercher ,~nglin Lop,,'~ Rinehart, [nc. Page 2 olio 2. Exist/ng/Proposed Roadways 3. Existinl~roposed Public (City, County, State) Parks and Recreation Facilities 4. Existing/Proposed Trails, Sidewalks, and Bikeways 5. ExistinWpropos~d School Sites 6. Existing/proposed Church Site,, 7. Existing/proposed YMCAfBoy~ & Girls Club Sites 8. Existing/Proposed Public Parks and Recreation Facilities in .Adjacent Communities 9. Existing Private/not-for.Profit Recreation/Cultural Facilities 1.0.Vacant/Derelict Lands I 1.Major Power-line/Utility Easements I2. Natural/Man-made f~amres such as lakes and canals 13. Natural Open. Space/Conservation Area, 2.5 Base Map Review Glattin$ Jackson will r~,'vicw the base map and provide written review comments to lhe Ctty. The City shall rcwise thc base map, in. response to the review comments, and resubmit thc base map to Glatting Jackson. 2.6 Site Visits/Analysis GlaRing Jackson will spend one (1) day visiting the City's parks and other recreational facilities to observe existing facilities, Programs, services and operations. 2.7 Interviews Gla~ng Jackson will conduct one (1) day ofint~wivws with Rvcmation and Parks Staff, City Commissioners, City Manager, Department Heads and/or other key stakeholders to ~x~derstand current issue~ related 1~ the City's'Parks and Rem'cation Sy~em. 2.8 Level of Service Analysis Olatting Jacks°n will utilize the following ~clmiqu~ to analsr~ existing !_~vel(s) of Services (LOS) for parks and recreation facilities, based on local, state and national guidelines: · LOS - Acreage - LOS - Facilities LOS - Access (Service Area) Part t Detiverables - As a result of the taxk.~ outlined above, Glatting Jac~on shall produce: · Existing Conditions PowerPoint Presentation PART II - Development of a Long Range Vision 2.9 Staff Workshop Glatting Jackson will plan and facilitate a one (1) day Workshop with City staffto review and discuss thc following: · ExiSting ConditionsfLevel of Service AnalySis · SWOT (Str¢-ngths, Wcakne~es, Opportunities and Threats) Excrci.sc · Ptior/ty Community Needs P~tg~ 3 of lO ~c.~?>.:27~'c ~2:1! 5S18331790 GLATYING JP~CKSON PAGE 85/11 Proposed Public Realm System I-lJera~chy and Nomenclature · Long Range Visioning Exercises · Potentisl Implementation Strategies:/nel City Roles, Organizational Stracture, Funding S~rategies, ¢~c Glatfing Jackson will summarize the workshop proceedings in an updated PowerPoint · } :: Presentation. It is strongly encouraged that representatives from various City Dep,'utu,ents pm't/e~pat¢ in the Workshop, including Plarming, Public Works and the City Manager's Office. The Client shall invite all workshop participants, and will make all physical arrangements for the workshop, 2.10 Advisory Board/Steerlng Committee Workshops Olatting lackson will plan and facilitate one (1) additional ½ day workshop with a Project Steering Committee and/or existing AdviscnT Boards to: ·Review and discuss the outcome of tho Staff Workshop Brainstorm alternative long range visions · Discuss ptSority needs a~d implementation strategi,s · Discuss physical arrangemenls for the Workshop The Client shall invite all workshop participants, and wSli make all physical arrangements for the workshop. 2.11 Draft Conceptual Parks and Recreation System Map, Narrative and Capital Improvement Costs Based on the outcome of the workshops., Glatling jackson will prepare a draft Conceptual Parks and Recreation System Map and Narrative describing the City's Vision, including: · Physical Resources and Facilities (including acquisition and development) · Programs · Services · Opemi~s · Organizational S~me~are for its lucre s2stem o£pa~ks, recreation face, ties, open spaces. : prog~ras a~d services, including ~eeommendafions £or. · Analysis o£pmbable Capitol ~provemen~ Costs~' · of probable operattom and mamtcnance',costs (based on data provided by the City) ~ 2. !2 Review/Consensus Meetings : GIa~.llg Jackson will attta~d up Io two (2) nl~gs or workshops with Oity Staff, Advisory goard(s) and/or the City Comnxi~ion to r~view and discuss the draft Conceptual Panics and Recreation System Map, narrative and cost opinion. The City shall summarize any pr .oposed revisions by providing Glatting Jackscm with one (I) s~t of consolidated, written review ¢0~t5, 2. ;..'.3' Final .~M[ap Narrative and Estimate of Capital Improvemellt Cos~ Olatfi.ng Jackson shall revise the Map and Narrative one (1) time, based on thc City's comments, and provide one revised Map and Narrative for thc City's approval prim- to proceeding with th.¢ next phase of'the project. Glatting Jac~on Karcher 4nglin Lopa~ Rinehart. Inc. .Page 4 of ! 0 Part II - Deliverable.* - AS are. mlt of the tasks outlined abobe, Glatting.lacl~on shalt produce: · Updated PowerPoint Presentation summar~ing the Staff Wor~hop · , Draft ConceptualParl~ andRecreation System!Map, Narrative and opinion of CapitaI Improvement., Costs · Meeting Minutes Final ConceptuatPark, and Recreation Syvtem Map, Narrative and opinion qfiCapital Improvement, Costa PART IH - Comprehensive Plan Element 2.1.4 Comprehensive Plan Element GlaRing Jackson shall update the existing Recreation and Open Space Element of the City's Comprehensive Plan, based on the Conceptual Parks and Recreation System Map and Narrative and the Implementation Strategy. Tho update of the Element, consisting of text, raps, and other graphics, shall be l:*epared in compliance with Florida Statutes. Glattflag Jackson shall also review thc Comprehensive Plan to ensure consistency b~tween the Recreation and Open 8pace Element and other elements of the Comprehensive Plan. 2.15 Comprehensive Plan Element Review Meetings Glatting Jackson shall attend up to one (!) me~ing with the City to review the draft revisions to the Recreation and Open Space Element Comprehensive Plan. 2.3. 6 Revisions Glatting Jackson will r~vise the draft Element one time based upon a consolidated set of wa-itten comments from the Client. 2.17 Adoption Meetings (Slatting Jackson shall attend up to three (3) meetings as relates to thc adoption of the element process (Plarming and Zoning Commission, City Commi~ion Transmittal Hearing, and City Colxmdssion Adoption Hearing) and re.npond to any objections, recommendations, and/or commenls raised as a part of the Florida Department of Commtmity Affairs review for compliance. PART IV- ADDITIONAL SERVICES ~. 18 Additional Servicea Glatting Jackson will provido Additional Services as mutually aimed upon b~veen Glatting Jackson and thc City, and a$ authorized in writing by ~e City Manager. Thosc services may include, but are not lira/ted to thc following: * Additional meetings? work,hops, presentations, including I4OA's and/or other groups * Analysis of impact foes Glatting JCtal~on Kercher.4nglin Lope~ Rinehart, Inc. Page 5 of JO T$/20/2004 12:11 5518331790 GLATTING J~CKSON :PAGE 07/11 Individual facility site plans, sketches ~d/or cons~c~o~ documents - Addi~o~l w~ n~ to a~o~a~c ad~a] r~sions · Addi~al e~i~ ofw~k ~od~c~ · Additional work r~u~ed to secure b~e info~ati~ not ~o~ded by the City · ~fion of~t a~licati~s 3,0 PROJECT SCHEDULE Olatting Jackson is prepared to beg~n work on the project immediately upon receipt of this cxecuted Letter of Agreememt and a ~etamer if required under Compensation_ Glatting Jackson, in consultation with the Client, shall perform its work .in such a manner. as to comply with an a~eed upon schedule. 4.0 ASSIGNED PERSONNEL The follow/rtg personnel fi'om Gtatting Jackson will be assigned to this project, and will have the responsibilities described: D~v-id L, Barth - lh4neipal-In-Charge/Planner 4/Project Manager 5.0 COM.PENSATION 5. I Parts I - III The fee for Parts Mil, shall be bi. lled as a lump sum of sixty thousand dollars ($60,000) including direct costs. 5_2 Part IV - The fee for Part IV, Additional Services, shall be billed using tho hourly rates a~d direct expev_~s detailed below or as agreed upon fixed fee. Additional meetings are estimated at approximately twelve hundred dollars ($1,200) per meeting. &3 H°Urly l~te Schedule Principal 5 $250 Tmnsp~tion Planner 1 $75 Principal 4 $225 Ecologist 4 $130 Principal 3 $215 Ecologist 3 $110 P~ncipaI 2 $190 Ecologist 2 $95 Principal I $165 Ecologist 1 $75 Planner 6 $200 Landscape .Architect 5 $ t 65 Planner 5 $165 Landscape Architect 4 $130 Planner 4 $130 Landscape Architect 3 $ J 10 · ~.,,~ 3 $110 Landscape Architect 2 $95 ~nner 2 $95 Landscape Architect I $75 Glatffng Jac]tson Ke"rcher ~lnglln Topex Rlnehctrt, [nc. Pag~ 6 of IO 22:11 5618331?90 GLATTING JACKSON mAGE Planner ! $75 Landsc ~at~ Designer 3 ~;90 Transtx~ation Engineer 6 $200 I. andsc~ipe Des/gner 2 $80 Transportation Engineer 5 $165 Landscape Designer 1 $70 TranspOrtatiea Engineer 4 $130 Public Relations 2 $95 Transportation Engin~x 3 $110 Public Relations 1 $75 T~_n,?o~ation Engineer 2 $95 GIS SpO6.ali~t 2 $95 yra~'~-$vortation. Engineer I $75 GIS SPecialist 1 $75 Transportati°n planner 6~ $200 C-raph~e!Artist 3 $95 Transportation Planner 5 $I65 Graphic',Art/st 2 Transportation Planner 4 $130 C~raphic Artist I $75 Tr~_n.sportation Planner 3 $110 Administrative Assistant $55 Transportation Planner 2 $95 Technician $50 5.5 Annual Increase In tIourly l~tes - The hourly rates contained in this Agreement ~all be eff¢cfve for not less than one (1) year from tho date of this Agreement. Glatting Jackson may, upon notiflmtion to the Client, and upon Client's written consent, increase homrly billing rates thereafter. Rates will not be in.creased more often th~n once a year. 5.6 Application Fees- All application, filing, and permit f~s, including, without limitation, all f¢,s to IoeM, regional and state governments and agencies, shall be paid by the Client directly to the appropriate agenoy at the requixed time. 5.7 ' SUb¢o~suitant Fees- Fees for suboonsultants workin, g on this project under direct conti~t with Glatting Jackson ar~ in~lude, d in the fe~s for each part of the scope of services detailed .aboVO. Glatting Jackson be~ no liability for the tochnical accuracy of work prepared by others including subc.0n~ultmats to Glatting Jackson.. part I-m Staff Conneotions $12,000 5.$ Retainer - No retainer will be required. 6.0 CLIENT RESPONSIBILITIES 6. I Clicrst shall designate a Project Representative immediately upon execution of this Letter of Agreement, w~ho shall be 131atting Jackson's point of contact with the Client, and who shall, by virtue of Client's designation, Imvo authority to bind tb.c Client..The Project Representative shall be ~siblc for all coordination with the Owner (ifa separate person or entity from the Client as shown in Article 1) and any separate consultants. 6.2 Client shall provide full information to Olatting Jackson regarding project requirements Gtbttlng Jackson .Kercher.4nfflin Lop~ Rinehart, Inc. Page 7olio 12:11 55183317B0 GLATTING J~CKSON pAGE OB/ll and cons~a:aints inol~g, ~thout limitation, a program setting forth the Client's objectives, and shall ~ all data, drawings, information or other resources requested by Glatting Jackson that a~ necessary for complctidn of the project. Client shall comply with any ~chedule requixements made known to the Client by Glatting Jackson and, in any event, shall be availabl~ to meet w/ih. Glatting Jackson ,and provide decisions'in a timely manner, throughout the: project. 6.4 Client shall b~ responsible for all other aspocls of the project not specifically assigned to Olatting Jackson under this Lctt,r of Agreement or any subsequent request (and accA,-ptance) for Additional Sgrvice. 7.0 SUI'I?LEMENTAL TERMS OF AGREEMENT ~ 7. t Acceptance of Agreement - This Letter o£Agreem~at shall be valid for Client acceptanc~ for a period of fifteen (15) days from the date of execution by Glatting Jackson. This Letter of Agreement may be lerrninat~d by either party with fifteen (t5) days writt~ notic~ In tbe event of termination, Ola~ng Jackson shall be compcnsated through the date ofl,n~,inafion for all fees and direct!expenses incurred. 7.2 Submittal and Payment of Invoice~- lnV°iees for Services shall be submitted on approximately a monthly., basis. Paymgat shall be du~ upon receipt. Thc Client agrees to pay inter~st of 1.5.% ~ ~h to be c, alculatcd from the next day after receipt of each invOice, on invoiOel ~.'.ba'-~ Outslanding mor~ than ~ (30) days. Glatting Sackson res~rrves the right to wt~ work .products or to stol) work until payment is received. The.Cli~ a,%'urss. O!at~mg Jackson that finanoial arr~mgements have been made to fulfill ~e Cli..eO. t's 0bligal~ons Under this Lettvt of Agreement. The Cliem agrees that Glatting I~eksOn shall not b~ tcquixc~ d~to prOvide detailed backUp, in the form of hourly detail of any kind, in SUpport of invoicing for fixed fee or lump sum fee projects, If backup is required by the Client, the Client agrees to .pay Glatt/ng Sackson, on an hourly basis, for the cost of prey/ding such additional information. 7,3 Aetton of Agencies Not Guaranteed - Glatting SaCkSon will exerc~s~ professional ~n gx~cufing its sgrviees, however, it cermet and do~s not guarantee the action o.f any governmental official, ag~cy or judiciaI proceeding. 7,4 Ownership of Property / ConstructiOn Lien - In th6 event that the Client is not the mC~....rd oWner of the pr~ covered by this Agreemcat, Glatt,2ng Jackson may consider the'Client's signature as evidence that the Cli~at has th.e Owner's permission and consent to errtct into this A ..gtc. ement. It shall be the Client's re~onsibility to inform Glatting Jackson of any change in ownership or change m any cJth~ circumstance that may affect Glattirtg Saekson's ability to p}ac~ a Constructi°n Lion 0r~. th~ proplm~ if payment is rCCqvcd aCCording t0.~e terms of this Agreement. The Client hereby acknowledges and ag':,, ecs that Giatting Jackson's ttervioes m'~ professional serviee.,q that shall be performed i,n ~e practice ofGlai~ing JaokSon's profession as a planner, ecologist, architect, Glattlng Jackson Kercher Anglin Lop~ Rinehart, Ina. Page 8 oflO landscape architect, engineer o~ other profeSsional in connection with the specific parcel or parcels of real Property referred to in this Agreement. 7.5 Own~,v~hip of Documents - All documents, work product and information conta/ned therein prepared by Olatting Jackson or iB 8ubconsultants ~'e instruments of service for use by the Client ~lely with respect to this Project. Glatting Jackson shall be deemed thc author of these do~um,nts, work product and information and shall retain all fights thereto~ 7.6 R~tention of Ree0rds-All. original documents, work product and information contained therein shall be r~ned'by Olatting Jackson for two ~2) years following completiOn, iof the Project. Afl~ ~at timt:, .Glattin~ Jackson reserves the fight to dispose ofthe documents, work ~t and mformauon m ~ts sole ~tiscretion. The Client shall be pro*-ided with reprodu,i~le dopi~ of all original domments. ~.? Limitation of LiabffitY- G~g Jackson will not be responsible for any circumstances, acts, errors, omissions or evmts, of any type, beyond fits reasonable control including, without limilation, ~ction costs, the acts or failures to act of any governmental or judic/al ag~mcy and the ,aistenc, of hazardous waste of any type associated with th,: Project. GIatting Jackson shall not be responsible for the acts or omissions of any contractor, Subeon~ultant or supplier, or of any of the agents or employees or any other persons (except Glatting Jackson's own employees) at the project site or otherwise furnishing or perf ~,. 'ng any of theix work; or for an~ decision made on interpretations or clarifieatiom of any conWact documents given by the CIient without consultation and advice of Glatting laekson. 7.8 A~signment of Agr~ment - Neither thc Cliont nor Glatting Jackson shall have any right to assign this Letter of Agreement to any other porson!or entity, absent prior written con..s , the ot r party. 7.9 Dispute Re.~lutlo~-/n the unlikely event of any dispute, difference, claim or cotmterelaim betwe~ Glatting Jackson and thc Client !arising out of or in connection with this Letter of~t, iwhieh cannot be amicably re~olv~ by the parties through good faith, negotiations,~ ~ .n~.tt~r shall be submitted t.o the Circuit eom-t in and for Palm. Beach County,. Fl.~ofi~;f~;~ and dotenmination by~e court silting without jury. The parties hereby consm:~ ~ctiOn of such eouxl ian.d 1o the service of process outside the State of.~ (i~UPlicable) pursuant to the requirements of such court in ~ny maker so to be submitt, d ~o it.' In the event of litigat/on, each party shall bear its own a/t0mey's fecs and cost~. 7. l 0 Entire Agreement/GoVerning Law - Regarding the 'subject matter hereof, this Agreeanont contains the entire agreement of the parilcs and their representatives and aggnts, and super~des all prior Understandings, whether oral or writt~. This Agreement shall be governed by the laws of thc State of Florida. Glatt~ng Jac~on Kercher ~4n~4~lln Lop~ Rinehart, Inc. t>a£e 9 of lO ~-,-.?.-?-?~.x }.2:~ 5618331798 GLATTING JACKSON PAGE ii/ii We l~ok forward to workibgw/~ y6u on this proje~ If yon find these terms acceptable pk~as¢ sign ---v~is:~ indicated below an.~ ~ on~ signcdoriginal to Olal ting Sackson for our files. Please call me :: you have any questions.' .... ~.. Sincerely, z:.'.,, , David L. Barth Principal AGREED TO AND AcC'~PTED BY: City of Boynton Beach GlaRing Jackson K~h~ ~glin ~pez ~neh~, ~v. ~7: ' By: K~ ~.. :~ Dasd L. B~ [~: _ __ Ciw M~ I~: Vi.cc Prosiest Date: Date: lun¢ 10, 2004 ..... Pag~: 10 oflO VI.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal ~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve resolution authorizing the Mayor and City Clerk to execute a Financial Assistance Agreement with Pall Beach County for landscaping at the entrance to Chapel Hill. EXPLANATION: This agreement provides for installation of landscaping in the Seacrest Boulevard fight of way of Palm Beach County. The City will be responsible to construct the landscape work, the cost of which shall not exceed $15,000, and the City will be responsible for maintenance of same. Palm Beach County will reimburse the City of Boynton Beach for the cost of the initial landscape work. This action further supports City Resolution 97-138(attached) that authorized the initial landscaping and wall placement in the County right &way. Homeowners have now successfully been granted County Commission discretionary funds for enhancement of the landscaping and it is now necessary to have City concurrence to maintain the new plantings. Plant materials will be selected to minimize water consumption in the future. PROGRAM IMPACT: Additional contractual maintenance work and City oversight. FISCAL IMPACT: Estimated $800 per year. ALTERNATIVES: Advise the County and homeowners in Chapel Hill that the City does not wish to participate in this endeavor and that either the County or homeowners must be responsible for landsc~~. V '' ~'%nt'He~5~il~ature ' -C'i'ty Manager's Signature Department Name -~ City Att~ey~ Finance / Human Resources S:kBULLET1N~ORMSL~kGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R04- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FINANCIAL ASSISTANCE AGREEMENT FOR WITH PALM BEACH COUNTY FOR LANDSCAPING AT THE ENTRANCE TO CHAPEL HILL; -AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City wishes to install landscaping and irrigation at the entrance to ~'.hapel Hill Subdivision within the fights of way of the County's Seacrest Boulevard and the .'ity's Chapel Hill Road; and WHEREAS, the County believes that such efforts by the City serve a public purpose the enhancement of the appearance of these public roadways and wishes to support the ity's efforts to install the improvements by providing reimbursement funding for the cost of he improvements from Commission District 3 Discretionary Funds for Improvements, in an mount not to exceed Fifteen Thousand Dollars ($15,000); and WItEREAS, after installation, the City will be responsible for the perpetual naintenance of the improvements; NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ?lie CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida , upon scommendation of staff, hereby authorizes and directs the City Manager to execute a ~inancial Assistance Agreement, providing for landscaping at the entrance to Chapel Hill, ~hich Agreement is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon assage. :\CA\RESO'u~greements\lnterlocals\Fin Asst - Chapel Hill Entrance.doc PASSED AND ADOPTED this __ day of June, 2004. CITY OF BOYNTON BEACH, FLOR[DA Mayor Vice Mayor Commissioner Commissioner Commissioner tTTEST: 2ity Clerk Corporate Seal) [CA\RESOV~greements\lnterlocals\Fin Asst - Chapel Hill Entrance.doc MAY 17 ';"' "' '-" ;; May 12, 2004 Department of Engineering and Public Works Kurt Bressner City Manager P.o, aox 27229 C, ity of Boynton Beach West Palm Beach. FL 33476-1229 100 E. Boynton Beach Boulevard (567) 684-,moo Boynton Beach, FL 33425 www. pbcgov, com RE: Financial Assistance Agreement for Chapel Hill Beautification Dear Mr. Bressner: Enclosed are two originals of the above-referenced Financial Assistance Agreement which provide the terms under which reimbursement for the beautification can occur. Palm Beach County Bo,_-d of coanty Please have both o~iginals executed by the City. and then return both originals Commi,,io,er, to me so this item can go before the County Commission for final execution. Following that approval and the signature of the Chair. I will return one fully ~aren T. Marcus, Chair executed original to you for your records. To,y Mas~]ot~. Vice Ch~r,-~, Your efforts to enhance the quality of life in Palm Beach County are appreciated. jeer Koo,s If you have any questions, please contact me or Jason Weber at 684-4100. Warren H. Newell Sincerely, M~ McCarty OFFICE FTHE O TM, NGINEER ^ddie L. Greene Manager - Streetscape Section Count3/Administrator Attachments: Two Originals of the Beautification Agreement Robert Weisman pc: Commissioner Warren H. Newell G. Haney Frakes, Jr., P.E., Assistant County Engineer Madene Everitt, Assistant County Attorney Harvey Phillips, Engineering Executive Office Jason Weber- Streetscape Section File: Municipalities - City of Boynton Beach Commissioner -District 3 f~nedian~ash~2004AGMTS\Cha pelHillTransLtr 'An Equal Opportunity AJ~irmative Action Employer' ~ printed on recycled paper I ' RESOLUTION NO. R97-/,.~',8' ~ A RESOLUTION OF THE CITY COMMISSION .OF THE i CITY OF BOYNTON ·BEACH, FLORIDA, AuTHoRIZING ~.~ AND DIRECTING THE MAYOR AND CITY CLERK TO .'EXECUTE AN AGREEMENT BETWEEN. THE CITY OF · BOYNTON!:: BEACH, FLORIDA ("ClT~') AND PALM BEACH COUNTY ("COUNTY"), PERMITTING THE EXISTENCE OF AN.~ ENTRANCE SIGN AND 'WALL iNCLUDING . LIGHTING, '. LANDSCAPING, AND " IRRIGATION IN AND ON THE cOUNTY: CONTROLLED RIG~"OF~WAY, LOCATED AT THE INTERESECTION OF: :CHAPEL HILL BOULEVARD::: AND:. SF--ACREST BOULEVARD; · AND pROVIDING: AN EFFECTIVE DATE. WHEREAS, 'the City and County desire to enter into an Agreement, i permitting the existence of an entrance sign and wall including lighting, landscaping, and irrigation (hereinafter the "IMPROVEMENTS") in and on the ~ County controlled right-of-Way loCated at the intersection of Chapel Hill ..... BoUlevard and Seacrest Boulevard, in the City of Boynton Beach; and WHEREAS,' the above improvements are .to be erected for the use and enjoyment or proper function of the property and special aesthetics; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 'COMMI,~.~ION OF. THE ClTY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor' and City Clerk to execute an Agreement between the City of BOynton Beach, Florida and Palm Beach County, permitting the eXistence of an entrance sign and wall including lighting, r~, landscaping and irrigation in and on' the County controlled right-Of-way, located i at the intersection of Chapel. Hill Boulevard and Seacrest Boulevard in the City of Boynton Beach., said Agreement being attached hereto as Exhibit ."A". Section 2; This Resolution shall become effective immediately upon passage-by this· Commission, and aCceptance and passage by the Palm ~Beach Board of County Commissioners at their Commission meeting scheduled for September 16, 1997. PASSED AND ADOPTED this ?~' day of August, C2F BOYNTON BF:ACH, FLORIDA ~ ...... Commissioner · ~-.~ ATTEST: [' Cit~ .Clerk AGREEMENT ~" THIS AGREEMENT with and indemnification to Palm Beach County is made and:entered into'this ..., day of :.~EP 1"~ .m?.. ,1997,:by.and between the CITY OF BOYNTON BEACH, a municipal corporation :of the State of Flodda and PALM BEACH COUNTY, a' political subdivision of the State of Flodda (hereinafter the "COUNTY") for good and valuable consideration in hand paid, as well as in " consideration of COUNTY permitting the existence of an entrance sign and wall. :.~ including lighting, landscaping, and irrigation (hereinafter the "IMPROVEMENTS") in ~, and on the County controlled right-of-way, located at the intersection of Chapel Hill : Boulevard and Seacrest BouleVard in the City of Boynton Beach (hereinafter the ,(RIGHT-OF-WAY"). ~'~ WHEREAS, the City of Boynton Beach is desirous of constructing and installing an entrance sign and wall' which will include lighting, landscaping and irrigation in the County right-of-way at the intersection of Chapel Hill Boulevard and Seacrest Boulevard in the City of BoYnton Beach; and WHEREAS, the above improvements are to be erected for the use and enjoyment or' proper functioning of the property and special aesthetics; and WHEREAS, a part of said structures shall be placed in a Palm Beach County right-of.way; and WHEREAS, Palm Beach County desires to grant permission to the City of : Boynton Beach to COnstruct and install the above deScribed improvements in its right- ::.i of-way sUbject to the conditions set forth herein. ~' NOW, THEREFORE, in conSideration of Palm Beach County allowing the use of. its. right-of-way for the construction of the improvements subject to final permit issued by Palm Beach County, the City of Boynton Beach hereby agrees with Palm Beach ' County that whenever it is determined by the County that it is necessary-:.for'the safe and efficient' operation of the right-of-way, or any portion of the right-of-way, the City shall relocate or remove the ImprOvements from the fight-of-way an~:l,retUm the right-of- way to its original condition, at the sole expense of the City within ninety (90) days of receipt of a written request for same from the County. This Agreement shall not, in any ~:~ way, limit the City's right to recover such costs of relocation or removal from any third !1! .,. party pursuant to an'indemnification or subrogation agreement. · ~- It is further agreed by the City of Boynton Beach that the improvements shall be 't~ permitted by 'Palm Beach County Engineering and Public Works Department in i; accordance with the regular permitting process, and that no other construction shall be !" '".. in effect in said right-of-way. Further, the City of Boynton Beach agrees with Palm i Beach County to be responsible for the maintenance, of said improvements, which shall ~" be maintained and kept in good repair by the City of Boynton Beach at its expense. In the event a' claim or lawsuit is brought against, the County, its officers, employees, servants or agents, due to the existence of the improvements in the County right-of-way, as described herein, the City hereby agrees to indemnify, save and hold harmless the County, its officers, employees, servants or agents and to defend said persons from any such claims, liabilities, causes of action and judgments of any type whatsoever arising oUt of or relating to the existence, permitting, placement or maintenance of the improvement in the right-of-way. The City agrees to pay all costs, attorney's fees and expenses incurred by County, its officers, employees, servants or ~ agents in connection with such claims, liabilities or suits. This Agreement shall not, in ~ · any way, limit the City's right of indemnification agai.nst a third party for maintenance, '~- legal costs and expenses, and attorney's fees. Nothing contained herein, however, shall act as a waiver of any of the City's or County's'immunities provided for in Section 768.28, Florida .Statutes. Ail notices required to be given shall be by certified mail to the follows: As to County: · As to City: County Engineer City Manager 3011 North Olive Avenue P.O. Box 310 West Palm Beach, FL 33401 Boynton Beach, FL 33425 IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their du!y authorized officials. CITY oF BOYNTON BEACH PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS BY ........... APPROVED AS TO FORM: APPROVED AS TO FORM: city Attorney '" ' c°unty Attorney ~-. :3rzs~7,Rev.7~, Rev.8/'13/97 CITY OF BOTRTON BEACH - CHAPEL HILL B~AUTIFICATION 1 FINANCIAL ASSISTANCE AGREEMENT WITH CiTY OF BOYNTON BEACH 2 FOR CHAPEL HILL BEAUTIFICATION 3 THIS INTER-LOCAL AGREEMENT is made and .entered into this __ day of 4 ,2004, by and between the CITY OF BOYNTON BEACH, a municipal 5 corporation of the State of Florida, hereinafter "CITY", and PALM BEACH COUNTY, 6 a political subdivision of the State of Florida, hereinafter "COUNTY". 7 8 WITNESSETH: 9 WHEREAS, the CITY wishes to install landscaping and irrigation at the 10 entrance to Chapel Hill Subdivision within the rights of way of the COUNTY's 11 Seacrest BoUlevard and the CITY's Chapel Hill Road, (hereinafter, 12 "IMPROVEMENTS"); and 13 WHEREAS, the COUNTY believes that these efforts by the CITY serve a public 14 purpose in the enhancement of the appearance of these public roadways and wishes 15 to support the CITY's efforts to install the IMPROVEMENTS by providing 16 reimbursement funding for the cost of the IMPROVEMENTS from Commission 17 District 3 Discretionary Funds for Improvements, in an amount not to exceed 18 FIFTEEN THOUSAND AND 00/100 DOLLARS ($15,000.00); and 19 WHEREAS, after installation, the CITY will be responsible for the perpetual 20 maintenance of the IMPROVEMENTS; and 21 NOW, THEREFORE, in consideration of the mutual covenants, promises, and 22 agreements herein contained, the parties agree as follows: 23 '1. The above recitals are true, correct and are incorporated herein. 24 2. The COUNTY agrees to provide to the CITY reimbursement funding for 25 documented costs from Commission District 3 Discretionary Funds for 26 Improvements in an amount not to 'exceed FIFTEEN THOUSAND AND'001100 2 ? DOLLARS ($t 5,000.00) for the CITY's ~MPROVEMENTS. -1- CIT~ OF BOYRTON B~ACH - CHAPEL HI~J~ BEAUTIFICATION 3. The COUNTY agrees to reimburse the CITY the amount established in paragraph 2 for costs (materials and labor) associated with installation of the · IMPROVEMENTS, upon the CITY's submission of acceptable documentation needed to substantiate their costs for the IMPROVEMENTS. The COUNTY will use its best efforts to provide said funds to the CITY on a reimbursement basis within forty-five (45) days of receipt of all information required in Paragraph 6, below. 4. The COUNTY's obligation is limited to its payment obligation and shall have no obligation to any other person or entity. 5. Thee CITY agrees to assume all responsibility for design, bidding, contract preparation, and contract administration for the installation of the ·. IMPROVEMENTS, including payment(s) to contractor(s), pursuant to all applicable governmental laws and regulations and will complywith all applicable governmental landscaping codes and permitting requirements in the selection and installation of the IMPROVEMENTS. The CITY agrees to install the IMPROVEMENTS substantially in accordance with the plans, specifications and costs as approved in the permitting process by the COUNTY. Otherwise, the COUNTY will have the final determination of the eligibility for reimbursement of any changes. Substantial variations from the submitted plans shall require prior written approval from the County Engineer's Office. The final permit drawings must be signed and sealed by a Florida Registered Landscape Architect experienced in roadway planting and familiar with the COUNTY's Streetscape Standards Manual. 6. The CITY will obtain or provide all labor and materials necessary for the installation of the IMPROVEMENTS. The COUNTY shall have the final determination of eligibility for reimbursement. The CITY shall fumish the Manager, Streetscape Section, of the COUNTY's Department of Engineering and Public Works with a request for payment supported by the following: -2- CIT~ OF BO~TrON BEACH - CHAPEL HILL BEAUTIFICATION 1 a. A statement from a Florida Registered Landscape Architect that the 2 IMPROVEMENTS have been inspected and were installed substantially 3 in accordance with the permitted plans for the IMPROVEMENTS, and; 4 b. A Contract Payment Request Form and a Contractual Services $ PurchasesSchedule Form, attached hereto and incorporated herein as 6 Exhibit "A" (pages I and 2) which are required for each and every 7 reimbursement requested by the CITY. Said information shall list each 8 invoice payable by the CITY and shall include the 'vendor invoice 9 nu~nber, invoice date, and the amount payable by the CITY. The CITY 10 shall attach a copy of each vendor invoice paid by the CITY along with 11 a copy of the respective check and shall make reference thereof to the 12 applicable item listed on the Contractual Services Purchases Schedule 13 Form. Further, the Program Administrator and the Program Financial 14 Officer for the CITY shall also cbrtify that each vendor invoice listed on 15 the Contractual Services Purchases Schedule Form was paid by the ~6 CITY as indicated. 17 7. CITY shall maintain adequate records to justify all charges, expenses, 18 and costs Incurred in performing the IMPROVEMENTS for at least three (3) years 19 after the completion of such IMPROVEMENTS. COUNTY shall have access to all 20 books, records and documents as required in this Section for the purpose of 21 inspection or audit during normal business hours. 22 8. The CITY agrees to be responsible for the perpetual maintenance of the 23 IMPROVEMENTS following the installation and shall be solely responsible for 24 obtaining and complying with all necessary permits, approvals, and authorizations 25 from any federal, state, regional, or ~COUNTY agency which are required for the 26 subsequent maintenance of the IMPROVEMENTS. -3- CITY OF BOYNTON BEACH - C~APE~' HILL ~EAOTIFICATION I 9. All installation of these IMPROVEMENTS shall be completed and final 2 invoices submitted to the COUNTY no later than September 30, 2005, and the 3 COUNTY shall have no obligation to the CITY or any other entity or person for any 4 cost incurred thereafter unless the time for completion is extended by modification 5 of this Agreement as provided herein. 6 10. The CITY recognizes that it is an independent contractor, and not an 7 agent or servant of the COUNTY or its Board of County Commissioners. In the event 8 a claim or lawsuit is brought against the COUNTY, its officers, employees, servants 9 or agents, relat~g to the IMPROVEMENTS or any item which is the responsibility of 10 the CITY, the CITY hereby agrees, to the extent permitted by law, to indemnify, save 11 and hold harmless the COUNTY, its officers, employees, servants or agents, and to 12 defend said persons from any such claims, liabilities, causes of action and 13 judgments of any type whatsoever arising out of or relating to the existence of the 14 IMPROVEMENTS or the performance by the 'CITY as may relate to this Agreement. 15 The CITY agrees to pay all costs, attorney's fees and expenses incurred by the 16 COUNTY, its officers, employees, servants or agents in connection with such claims, 17 liabilities or suits except as may be incurred due to the negligence of the COUNTY. 18 11. The CITY shall, at all times during the term of this Agreement (the 19 installation and existence ofthe IMPROVEMENTS), maintain in force its status as an 20 insured municipal corporation. :21 12. AS provided in F.S. 287.132-133, by entering into this Agreement or 22 performing any work in furtherance hereof, the CITY certifies that its affiliates, 23 suppliers, sub.contractors, and consultants who perform work hereunder, have not 24 been placed on the convicted vendor list maintained by the State of Florida 25 Department of Management Services ~within 36 months immediately preceding the 26 date hereof. This notice is required by F.S. 287.t33(3)(a). 27 13. The CITY shall require each contractor engaged by the CITY for work 28 associated with this Agreement to maintain: -4- CITY OF BOYRTON BEAC~ - CHAPEL HIL~. B~AUTIFICATION 1 a. Workers' Compensation coverage in accordance with Florida 2 Statutes, and; 3 b. Commercial General Liability coverage, including vehicle coverage, 4 in combined single limits of not less than ONE MILLION AND 00Il00 5 DOLLARS ($1,000,000.00). The COUNTY shall be included in the 6 coverage as an additional insured. 7 c. A payment and performance bond for the total amount of the 8 improvements in accordance with Florida Statute 255~05. 9 14. In ,~he event of termination, the CiTY shall not be relieved of liability to 10 the COUNTY for damages sustained by the COUNTY by virtue of any breach of the 11 contract by the CITY; and the COUNTY may withhold any payment to the CITY for 12 the purpose of set-off until such time as the exact amount of damages due the 13 COUNTY is determined. In the event the CITY elects to discontinue its maintenance 14 obligation for the IMPROVEMENTS under this Agreement, it shall be the obligation 15 of the CITY to restore, if necessary, the area of the IMPROVEMENTS on the '! :! 16 COUNTY's rights-of-way to a condition acceptable to the County Engineer, which 17 shall be in accordance with Federal, State and COUNTY standards for road 18 construction and/or maintenance. In the event the CITY fails to restore the area of 19 the IMPROVEMENTS to a condition acceptable to the County Engineer, the COUNTY 20 may undertake such restoration and the CITY shall be liable for the costs of such 21 restoration. 22 15. The CITY's termination of this AGREEMENT shall result all obligations of 23 the COUNTY for funding contemplated herein to be canceled, 24 16. The COUNTY and the CITY agree that no person shall, on the grounds 25 of race, color, national origin, sexu~ orientation, religion or creed, sex, age, or 26 handicap be discriminated against in performance of the Agreement. -5- CIT~ OF BOYRTON B~ACH ~ C~APEL HILL BEAUTIFICATION I 17. In the event that any section, paragraph, sentence, clause, or provision 2 hereof is held invalid by a court of competent jurisdiction, such holding shall not 3 affect the remaining portions of this Agreement and the same shall remain in full 4 force and effect. 5 18. All notices required to be given under this Agreement shall be in 6 writing, and deemed sufficient to each party when sent by United States Mail,' ? postage prepaid, to the following: 8 AS TO THE COUNTY ~ i Manager, Streetscape Section 10 ' Palm Beach County Department of 11 'Engineering and Public Works 12 Post Office Box 21229 13 West Palm Beach, Florida 33416,1229 14 AS TO THE CITY 15 City Manager 16 City of Boynton Beach 17 100 E. Boynton Beach BOulevard 18 Boynton Beach, FL 33425 19 19. This Agreement shall be construed and governed by the laws of the 20 . State of Florida. Any and all legal action necessary to enforce this Agreement shall 21 be held in Palm Beach County. No remedy herein conferred upon any party is 22 intended to be exclusive of any other remedy, and each and every other remedy shall 23 be cumulative and shall be in addition to every other remedy given hereunder or now 24 or hereafter existing at law or in equity or by statute or otherwise. No single or 25 partial exercise by any party of any right, power, or remedy shall preclude any other 26 or further exercise thereof. 27 20. Any costs or expenses (including reasonable attorney's fees) 28 associated with the enforcement of the terms and conditions of this Agreement 29 shall be borne bythe respective partie~; provided, however, that this clause pertains 30 only to the parties to the Agreement. -6- CITY OF BOYNTON BEACH - CHAPEL HILL BEAUTIFICATION 1 21. Except as expressly permitted herein to the contrary, no modification, 2 amendment, or alteration in the terms or conditions contained herein shall be 3 effective unless contained in a written document executed with the same formality 4 and equality of dignity herewith. 5 22. Each party agrees to abide by all laws, orders, rules and regulations and 6 the CITY will comply with all applicable governmental landscaping codes in the 7 maintenance and replacement of the IMPROVEMENTS. 8 23. The parties to this Agreement shall not be deemed to assume any 9 liability for theinegligent or wrongful acts, or omissions of the other party (or 10 parties). Nothing contained herein shall be construed as a waiver, by any of the 11 parties, of the liability limits established in Section 768.28, Florida Statutes. 12 24. The CITY shall promptly notify the COUNTY of any lawsuit-related 13 complaint, or cause of action threatened or commenced against it which arises out 14 of or relates, in any manner, to the performahce of this Agreement. 15 25. The parties expressly covenant and agree that in the event any of the 16 parties is in default of its obligations under this Agreement, the parties not in default 17 shall provide to the defaulting party thirty (30) days written notice before exercising 18 any of their Hghts. 19 26. The preparation of this Agreement has been a joint effort of the parties, 2 0 and the resulting document shall not, solely as a matter of judicial constraint, be 21 construed more severely against one of the parties than the other. 22 27. This Agreement represents the entire understanding among the parties, 23 and supersedes all other negotiations, representations, or agreements, either written 24 or oral, relating to this Agreement. 25 28. A copy of this Agreemen~t shall be filed with the Clerk of the Circuit 26 Court In and for Palm Beach County, Florida. 27 29. This Agreement shall take affect upon execution and the effective date 2 8 shall be the date of execution. CI~ OF BO%9~TON BEACH - CHAPEL HILL B~AUTIFICATION IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on the date first above written. CITY OF BOYNTON BEACH (CITY SEAL) CITY OF BOYNTON BEACH, BY ITS CITY COMMISSION ATTEST: By: By: CITY CLERK MAYOR ! APPROVED AS TO FORM AND LEGAL SUFFICIENCY 11 By: 12 CITY ATTORNEY 14 PALM BEACH COUNTY 15 16 (COUNTY SEAL) PALM BEACH COUNTY, FLORIDA, BY ITS ~7 BOARD OF COUNTY COMMISSIONERS 19 ATTEST: 20 DOROTHY H. WILKEN, CLERK 21 22 By: By: 23 DEPUTY CLERK KAREN T. MARCUS, CHAIR 24 APPROVED AS TO FORM AND LEGAL SUFFICIENCY 25 By: ' 26 ASSISTANT COUNTY ATTORNEY 27 APPROVED AS TO TERMS AND CONDITIONS 2 8 BY: ' .:: 29 F:~a~h ZOO4)~m~GhapMHIIlO~l 6(]4 :; :'/:i PALM BEACH COUNTY Exhibit A ENGINEERING & PUBLIC WORKS DEPARTMENT CONTRACT PAYMENT REQUEST (Project) Grantee Request Date Billing # Billing Period PROJECT PAYMENT SUM3rtARY Project Costs Cumulative Total Item This Billing Project Costs Project Costs Consulting Sexwices Contractual Services Materials, Supplies, Direct Purchases Grantee Stock Equipment, Furniture TOTAL PROJECT COSTS Certification: I hereby certify that the above Certification: I hereby certify that the documen- were incurred for the work identified as being tafion has been maintained as required to support accomplished in the attached progress reports, the project expenses reported above and is avail- able' for audit upon request. Administrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation $ Total Project Cost $ Total project costs to date $ County obligation to date $ County retainage (.__%) ( $ O County funds previously disbursed ($. County funds due this billing $ Reviewed and Approved by: PBC Project Administrator/Date Assistant County Engineer or Fiscal Manager/Date Page 1 of 2 VT.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl v, Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation -:~ [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Staff recommends approval the Ninth Amendment to the Tower Site Lease and Joint Use Agreement between the City of Boynton Beach, AT&T Wireless Services of Florida, Inc., and Palm Beach County. EXPLANATION Currently computer data links to our remote fire stations are though T-1 telephone lines. These lines are limited in their ability to carry data between the stations, and require fixed monthly service fees. Recent innovations in wireless technology now allow us to provide radio data links between the fire stations. This new wireless link requires the installation of additional antennas on our city's communications tower. The installation of this new system will also allow the city to take advantage of an expansion of wireless services such as mobile data terminals. This equipment will also provide an additional level of communications redundancy. Approval to install these antennas are required by the terms set forth in the Tower Site Lease and Joint use Agreement. PROGRAM IMPACT: The equipment will enable faster and redundant connectivity between City Hall and our Satellite Fire Stations. Other remote facilities may be able to use the system instead utilizing T1 phone fines. A Municipal Area Wireless Network may allow a number of new technology applications to be developed. FISCAL IMPACT: Current monthly recurring T1 expenses for Fire Department are $1,700 for two stations. Because of the Public Safety need for redundancy, some of this cost would remain. Depending on the tested reliability of the new system, up to $760 of the monthly cost could potentially be eliminated. Other City facilities that do not require the same level of redundancy may be able to eliminate all the monthly cost ofT1 or DSL lines for data. ALTERNATIVES: Wait on implementing the higher data rates and added redundancy to the Municipal Area Network until Fiber Optic cables can be extended to critical satellite facilities. Fiber will be much more expensive and I ~ber, also, is only for fixed locations an~dable to mobile units. is not immediately artment Head's Signature U'City Manager's' Signature Department Name 5 "~ity A~o~e-y~l'~Finance / Human Resources S :'xBULLETIN~ORMSLt~GENDA ITEM REQUEST FORM.DOC Department Memorandum 04-0021 To: Chief Wm. Bingham From: Deputy Chief J. N~ Date: May 27, 2004 Re: Agenda Request - Public Safety Tower User's Agreement Attached for your review are the relevant documents necessary to place this tower agreement amendment before the City Commission for their approval. Approval of this amendment will allow us to install several small antennas on the city's communications tower. These antennas are a critical element in our future ~vireless data system program. This program began several years ago when it was discovered that the current T1 telephone lines used to link the fire stations to the city's computer network were inadequate for the amount of data required to be transmitted. An additional TI line was added to the system at a yearly recurring cost of over $4000.00. Even with this additional line, the data link still suffered from slow data transmission and an inability to utilize our video teleconferencing equipment (purchased through grant funding several years ago). Given the advances in the field of wireless telecommunications equipment, off the shelve equipment is now readily available that can provide the speed and capacity of data transfer that we require. Aside from the increased efficiency of using this new technology, there is also a benefit of having another level of communication redundancy between our emergency operations personnel. It is anticipated that there will be opportunities to expand the use of this system for other uses and to other departments. Since the equipment is owned by the city there is no recurring expense involved. Given the capacity of the system, links to other city facilities and mobile data terminals are planned opportunities to be explored. The potential elimination of several phone service lines now in use by the fire department could save the city over $9000.00 in yearly recurring costs, not to mention the potential additional savings by other departments using the same wireless system. This program has the full support of our ITS department. In order to properly place these new antennas on the tower, an amendment to the user's agreement is required. This will be the ninth amendment to that agreement. Attachments 1 RESOLUTION NO. R 04- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 THE EXECUTION OF THE NINTH AMENDMENT TO THE 6 TOWER SITE LEASE AND JOINT USE AGREEMENT 7 BETWEEN THE CITY OF BOYNTON BEACH AND AT&T 8 WIRELESS AND PALM BEACH COUNTY 9 COMMUNICATIONS; AND PROVIDING AN EFFECTIVE 10 DATE. ~ 2 WHEREAS, upon recommendation of staff, the City Commission has determined that ~3 t is in the best interests of the residents of the City to execute a Ninth Amendment to the ~4 ?ower Site Lease and Joint Use Agreement with AT&T Wireless and Palm Beach County ~ 5 :ommunications; and 16 ~7 NOW, THEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION OF ~ 8 'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: ]9 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2~ ,eing tree and correct and are hereby made a specific part of this Resolution upon adoption 22 tereof. 23 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 tereby authorizing execution of the Ninth Amendment to the Tower Site Lease and Joint Use 26 ~greement with AT&T Wireless and Palm Beach County Communications, attached hereto 27 s Exhibit "A". 28 29 PASSED AND ADOPTED this __ day of Jtme, 2004. 3O 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 34 Mayor 35 36 37 Vice Mayor 38 39 40 Commissioner 4~ 42 43 Commissioner 44 45 46 Commissioner 47 .TTEST: 48 City Clerk NINTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT between CITY OF BOYNTON BEACH, FLORIDA and AT&T WIRELESS SERVICES OF FLORIDA, INC. and PALM BEACH COUNTY, FLORIDA Exhibits: Exhibit "G" - Antenna Tower Schematics NINTH .MVIENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT be~veen CITY OF BOYNTON BEACH, FLORIDA and AT&T '~IRELESS SERVICES OF FLORIDA, INC. and PALM BEACH COUNTY, FLORIDA Exhibits: Exhibit "G' - Antem~a Tower Schematics NINTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT THIS NINTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE AGREEMENT(R-99-31 l-D), is made and entered into this__ day of ,2004, by and between The City of Boynton Beach, Florida, a municipal corporation ("CITY"), AT&T Wireless Services of Florida, Inc. a Florida corporation ("AT&T"), and Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as ("COUNTY"). WITNESSETH: WHEREAS, CITY and West Pall Beach Cellular Telephone Company entered into that certain Tower Site Lease and Joint Use Agreement dated November 18, 1986 (the"Original Lease") for the construction of a 320-foot self-supporting communications tower upon the Premises; and WHEREAS, CITY and Pall Beach County Cellular Telephone Company, as the successor in interest to West Palm Beach Cellular Telephone Company, entered into that certain Amendment to Tower Site Lease and Joint Use Agreement, dated June 21, 1988 (the "First Amendment"); and WHEREAS, CITY and Pall Beach Cellular Telephone Company, as successor in interest to Palm Beach County Cellular Telephone Company, entered into that certain Amendment Number Two to Tower Site Lease and Joint Use Agreement dated June 20, 1989 (thc "Second Amendment''); and WHEREAS, CITY, Palm Beach Cellular Telephone Company, and Richard P. Wille as SheriffofPall Beach County, entered into that certain Joint Use Agreement dated August 22, 1989 (the "Third Amendment''); and WHEREAS, CITY and AT&T, as the successor in interest to Pall Beach Cellular Telephone Company, entered into that certain Fourth Amendment to Tower Site Lease and Joint Use Agreement in 1998 (the "Fourth Amendment''); and WItEREAS, CITY, AT&T and COUNTY entered into a Fifth Amendment to Tower Site Lease and Joint Use Agreement dated February 23, 1999 (the "Fifth Amendment"); and WHEREAS, CITY, AT&T and COUNTY entered into a Sixth Amendment to Tower Site Lease and Joint Use Agreement dated June 5, 2001 (R2001-0867)(the "Sixth Amendment") in order to modify the legal description and authorize the County to install a generator with fuel tanks; and VqHEREAS, CITY, AT&T and COUNTY entered into a Seventh Amendment to Tower Site Lease and Joint Use Agreement dated May 21, 2002 (R2002-0766)(the "Seventh Amendment'') to allow AT&T to install new antenna and transmission lines to accommodate new third generation Global System Mobil technology; and $VHEREAS, CITY, AT&T and COUNTY entered into a Eighth Amendment to Tower Site Lease and Joint Use Agreement dated January 13, 2004 (R2004-0098)(the "Eighth Amendment"). The Original Lease, as amended by the First Amendmem, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, and the Eighth Amendment is hereinafter referred to as the "Tower Site Lease"; and WHEREAS, in order to accommodate the CITY OF BOYNTON BEACH desire to take advantage of current technology and provide high-speed data connections between City Hall and satellite facilities, it is necessary to modify and replace the Antenna Tower Schematics exhibit of the Tower Site Lease to permit the replacement of an existing antenna and the addition of two new antennas; and NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and various other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. All defined terms as used herein shall have the same meaning and effect as in the Tower Site Lease. 2. Exhibit "G" (Antenna Tower Schematics) attached to the Eighth Amendment to the Tower Site Lease shall be replaced with a new Exhibit "G" (Antenna Tower Schematics) attached hereto and incorporated herein by reference. 3. Except as modified by this Ninth Amendment, the Tower Site Lease remains nnmodified and in full force and effect in accordance with the terms thereof. (REMAINDER OF PAGE INTENTIANALLY LEFT BLANK) IN V~qTNESS WHEREOF, COUNTY, AT&T, and CITY have executed this Agreement, or have caused the same to be executed by their duly authorized representatives, as of the day and year first above written. WITNESS: AT& T WIRELESS SERVICES OF FLORIDA, INC., a Florida corporation By: Print Name Print Name and Title ATTEST: Print Name Print Name and Title (SEAL) ATTEST: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation of the State of Florida City Clerk By:_ Print Name and Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney PALM BEACH COUNTY, FLORIDA, ATTEST: a political subdivision of the State of Florida DOROTHY H. WlLKEN, Clerk By: By:. Deputy Clerk Karen T. Marcus, Chair (SEAL) APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By:_ By:_ Assistant County Attorney Audrey Wolf, Director Facilities Development & Operations EXHIBIT "G" TOWER DRAWING ,~ 3~[ NOTES: 12 .~0' 1. SEE ATTACHED TABLE FOR ANTENNA AND CABLE ~ 3o0' DETAILS. 2. DRAWING IS CONCEPTUAL ONLY AND NOT TO BE j4 275' CONSIDERED A CONS'I~UCTION DRAWING. THE DRAWING 275' IS NOT TO SCALE. ,3. SITE LOCATION DETAILS: ~,16~7.8.9 245' LATTITUDE: 26-52-28 N LONGITUDE: 80-04-18 W ~o 23o' -- TOWER HEIGHT AGL: 306 FEET 2~o' FACE WIDTH AT GROUND: 40.5 FEET SITE ELEVATION AMSL: 15 FEET TOWER ORIENTATION: S=180 DEGREES NW:500 DEGREES NE=060 DEGREES NW NE CITY OF BOYNTON BEACH ~ REV I S I FINS '0ATE PALM BEACH COUNTY 3 [EXCHANGE ANTENNA t~10 DB264' FOR A2408 TECHNICAL INFRASTRUCTURE · IAI)OEO ANTENNAS j~29 & 30 106/02/0~I SHEET D I VI SI ON F~LE: G: \ENGINEERINGXSITESkBOYNTON~BOYNTON.DWG J DATE: 6/02/04J '~ OF 1 VI..-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM co Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be~:~arned~ O~ Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Offl~ ~ ~ [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Raymond A. Marcinkoski, Trustee for the property at 1050 Highview Road, Lantana, Florida (Lot 161 & the east 22 feet of Lot 162, Ridge Grove Addition 1). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None AL~ERNATIVES: None. T~s parcel is within the Utilities service are~. ~ Depart~t Head'~'Signature City Manager's Signature Department Name ]-' City A~b~ey / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:~BULLETIN'ff:ORMS~AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING THE CITY 6 MANAGER TO EXECUTE AN AGREEMENT FOR 7 WATER SERVICE OUTSIDE THE CITY LIMITS AND 8 COVENANT FOR ANNEXATION BETWEEN THE CITY 9 OF BOYNTON BEACH AND RAYMOND A. 10 MARCINKOSKi, TRUSTEE; AND PROVIDING AN 11 EFFECTWE DATE. 12 13 14 WHEREAS, the subject property is located outside of the City Limits, but within our 15 and sewer service area, for the property located at 1050 Highview Road, Lantana, 16 (Lot 161 and the east 22 feet of Lot 162, Ridge Grove Add No. 1); and 17 WHEREAS, the parcel covered by this agreement contains a single-family home, and 18 located in the San Castle/Ridge Grove project area; and 19 WHEREAS, only potable water is available for connection to the property at this 20 ime due to recent water main improvements constructed by Palm Beach County as part of a 21 improvement project; 22 WHEREAS, City policy requires annexation of the property to be serviced at the 23 practicable time, as a condition of the granting of water services outside its 24 limits; and 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 true and correct and are hereby made a specific part of this Resolution upon adoption 29 :ereof. 30 Section 2. The City Manager is hereby authorized and directed to execute a Water 31 ervice Agreement between the City of Boynton Beach, Florida and Raymond A. \CA'~RESOXAg~-eements\Water ServiceXRaymond Marcinkoski Water Service Agr. doc 1 elarcinkoski, Trustee, said Agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this __ day of June, 2004. 4 5 CITY OF BOYNTON BEACH, FLOR]DA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 24 ~ity Clerk 25 26 27 28 CAXRESOXAgreements\Water ServiceXRaymond Maxcinkoski Water Service Agr.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION ]qQ THIS AGREEMENT made on this__ day of ,200 , by and between. yvno~.d ~ t41~re,~otlc~ 7'r~/~ hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Oustomer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the city herebY agree that there are/°:rd 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 Cffstomer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any fights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a volUntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such !annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's righ~ 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 sex-vice shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant ruffning 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 alt subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. I0. 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. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer wan'ants to the City that Customer holds legal and beneficial tire to the property which is the subject of this Agreement. f~_ IN?/ITNESS WHEREOF,,)he parties hereto have set their hands and seals this ~ ~ day of ,2oo_% (~77,,.._~~.,S:~'o . ~. ',.://'t. lf/..2~,~~.IND1VIDUAL(S) AS OWNER(S):~F~~_~. Wi-tness signa~urd t/'~ 7.7~7~0wner Signatuie Printed Witness Name Primed Owner Name ,/ P~,O,~ /~ tinted ~itness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR 1NDIVDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the.. State aforesaid and. in the County. aforesaid to take acknowledgments, personally appeared ~&}//~tOflOI~ & )~Str C}vtl~or]~; l- 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: F/,>r'[~ ,D. L. /}l (aZ..~ "-Iz1-29~- /0 5?-0 WI ~TI~, SS my hand and o,ffi/cial seal in the County and State last aforesaid this "~ ~day of /7,vt-// ,20o_.w ~ot~S~a) / ~ .......... '~'~ "~'~4 ........... ! Notary Public · :_~e.~:~% ..... e,~~ :..- mESS: [-~- ~~~_~_l CITY OF BOYNTON BEACH, F[OPdDA Mayor ATTEST: CityxClerk 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 wimesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this __ day ot5 · 200 . (Notary Seal) Notary Public Approved as to form: City Attomey 'THIS INSTRUM~ PREPARED BY: James A. Cherof, Esquire Josia~ & Oomn, P.A. 3000 East Commerdal Blvd. Suite 2O0 FL Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA I/We, ~/~.o-~ A.-h,~,.~,~,~,,f -7:X~,77- , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The mai property which is the subject of this power is described as follows: ~DJ' O0 ~Z ~-0~0~0 00 /~/~_.~ · The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA. shall commence and be in full force and effect on the o~_ ~ day of ,/~/Y't-l- , 20g)C/and the powers and authority shall be irrevocable by / Grantee. '. IN WITNESS WHEREOF, we have. hereunto set our hands and seals the c~ ~ Sealed and delivered in the presence of Witness Signature ~er Signature ' - ' Printed Witness Name -- Printed ~ Name ~Wi~nes~ignature ~ ' Pn te~ ~J~e~s Name ' - Witness Signature Owner Signature Pdnted Witness Name Printed Owner Name Witness Signature ' Pdnted Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT w..a,s acknowle~;I, ged before me this c~/q day / , who are known to me or wh_..qo have produced /t4 ~,~--57zi g~/~-)f'-'o f~/. r,,/~_ Z~L., as identification and who did/did nottake an'oath. !' ~ ~~ ~. Type or Pdnt Name ~ I i.~,,~m~-~. Commissibn\No. . .! ~ .~,~..~,,.~,."""~-.'~.i My Commi~. """" POA. IND · I in. = 205.6 feet 1061 ~ t1550 Location Map- Exhibit "A" Palm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikolits, CFA Palm Beach County Property Appraiser :Public Access System .... ~ P rop:e.rt¥.lnformation Location Add,ess: 1050.1G,VlEW RD Home Search Municipality: COUNTY OF PALM BEACH Search Re,. ult Parcel Control Number: 00-43-45-09-09-000-1610 Property In 'ormation Subdivision: RIDGE GROVE ADD I IN Owner Info marion Official Records Book: 15131 Page: 1497 Sale Date: Apr-2003 Structural retail Legal Description: RIDGE GROVE ADD NO 1 LOT 161 & E 22 FT OF LOT 162 Extra Features Land Detail Tax Detail [Owner Information ........................... Name: MARClNKOSKI RAYMOND A TR Print Inforr~ation Mailing Address: 1065 RIDGE RD .................. I ................... LANTANA FL 33462 Property Appraiser H, ~t~03 Certified Appraisal Improvement Value: $37,624 Number of Units: I ~S:tructura[..~ Land Value: $15,360 * Total Sq. Ft: 1022 Market Value: $52,984 Acres: .00 Use Code: 0100 Description: SINGLE FAMILY · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $222.01 Non ad valorem: $192.00 Total: $414.01 i'" Detail., -2003 Certified Assessed & Taxable Values Assessed Value: $36,353 Exemption amount: $25,000 (2003 Exemption) Taxable: $11,353 Exemption Information Unavailable. - Sales Information Sales Date Book Page Price Instrument Owner Apr-2003 15131 1497 $60,000 WD MARCINKOSKI RAYMOND A TR Jan-1977 02707 0629 $23,000 00 Print infOrm~ti0n j EECEIVEO Pleasepi BsendhcUS yOUrp feedback__ B0 ItT01 IIEAClitlTIL TIE Col~¥ri~3ht © 2002 by a m eac ounW rol3ertv Ai3Draiser http://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=00434509090001610 4/26/2004 ! ! 1111 I lllllllml ii I mil ReVocable LiVing Trust (Inter Vivos Trust) 1. This document is a contract between the Grantor and Trustee. 2. This Trust shall serve as the Trustee's guide in carrying out the purpose of the Trust. 3. This Trust shall serve to hold legal fftle to both tangible and intangible property., both real and personal. 4. This Trust shall be administer~ under the laws of the State of Florida This Trust shall be domiciled in said State, with the provision that it can be moved to any other State and then operate under the laws of said State. 5. State law will determine the nec~sity to register, file, or put on Public notice, the existence of the documents. / ./ 6. The Trust Name is to be .~' Ra]/mond Marcinkoski Trust 7. The Trust Address is to be 1065 Ridge Road So., Lantana, Fla. 33462 8. The Grantor shall be Raymond A. Marclnkoski 9. The Trustee shall be Raymond A. Marcinkoski 10. The Successor Trustee shall be 1. Lois K. Marcinkoski 2 Ray Allen Marcinkoski 11. The Conffngent Trustee sb~ll be Gary A. MarcinkosIfi 12. The Benefidary (ies) shall be Ray A. Marcinkoski Wayne J. Marcinkoski g.~ry A. Marcinkoski Julie L. Marcinkoski Dale R. Marcinkoski Liberty Lobby, Inc. 13. This Trust is a private contract between the named parties and 'no outside entity has the right to dictate any terms of this-Trust. The Grantor or Successor Trustee has the authority to change the name on any asset being transferm~ to this Trust. 14. Trustee or Successor Trustee(s) are to post no bonds. 15. This document was created on the loc of /7]0AtJ3 ,19q~ l~C~ 7605 IN WITNESS WHEREOF, the party, her~to__,h~ hereunder and to a duplicate hereof, set his/her l~nd and seal as of the /''~ dav of ~"kg, q CP) ,19 q___~. wrrNESSED / j 'roa ' fl t P~t Na~ ~ -. ~t Name L.S. P~t Nam~ ~h~tcj~.~,~, ]06~ ~dge ~oaa South STA~ OF ' Lantana, Fl. 33462 On the [~ dav of fl~rch , ~9q~, p~mny ap~ar~ ~m~ . :~ . ~o~ to me to be the mffi~d~l who ex~t~ the foregoing do. merit =(~2~;'/~ Grantor, and ac~owl~g~ the ~me to be ~/her ~ am ~d d~ before me. .... · :- ~ ',' -~,,-. No~ ~b~c ~Cl~53b) ~, .,. :~-.'::'>~ ~",...:e4~'~" ~ C~I$$ION EXP. ~Y 10,1995 ~,;. ~.:, . ..... ._ ~TNESSED B~ T~USTEE P~nt Nade . Prat Name ~~ ~'~~ L.S. Ci~ O~ Print Name Onthe [~ day of ~~ , l~,pe~mUyappea~~m~ , ~o~ to me to be the m~d~ Who ex~t~ the forgoing d~ent ~ T~t~, ~d ac~o~e~(h~me to ~ h~/her ~ a~ and d~ before .......'~': '" ~':'~ ~ 't4:'~.. ~~' ' - " '::a .~> :~-) ~ z:~ , ::~x::::+-:,.e,~:'~?~,.~,~,- ~V ~0~10~ ~1~,_, .... -4. ~; ~ .... ~ *~4:':'~ ;~ %. <,5.~' ., ~.?:~.>~:,.:~.; ~ H~U ~-Z~,.,.AL 1~. UtID t tii111 Iililliillliilli ~ECO~ ~8IFIEO ~~ H WIL~N ~E~ OF T~ C~JBT - PB COUNTY, FL fidavit I hereby transfer the follo~-ing listed p~rsonal pro~r~_rty to the .,_ymond Trust. 1/2 undivided interest in Household furnishings located at 1065 Ridge Road So., Lantana, Fla. 33462 3255 shares Marcinkoski Gradall, Inc, VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FORM R~uest0d Cily Commission Date Final Form Must be Turned Requested City Commission D~ Final Form Mug be Tamed lVleet~ D~t~ ~ to Ci~ Clerk's Off~ ~ D~tes [9 CiW Clerk's [] Apn'16, 2004 Man~ 15, 2004 0qoon.) [] June 1,2004 M~y 17, 2004 (No~) [] April20,2004 AprilS, 2004(Noon) [] JunelS, 2004 May 31, 2004 (Noon) [] May4,2004 Aprillg, 2004(Noon) [] July6,2004 June l4, 2004 (Noon) CD [] MaylS, 2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business .. AGENDA ITEM [] City Manager's Report [] Presentation 03 [] Consent Agenda [] Public Hearing cra [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Jerry Darr for the property at 1209 Highland Road, Lantana, Florida (Ridge Grove W ½ of LT 82 & LT 83). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ALTERNATIVES: None. This parcel is~ithin the Utilities service area. ~ ] /~ ~ Department Hea~ignat/ff'o/ ' (~ity Manager's' 'Signature Department Name I City'A~torn~y / ~t'n'a~ce / Human Re-or XC: Dale Sugmanan (w/copy of attachments) Peter Mazzella Michael Rumpf, Planning & Zoning Anthony Penn File S:~BULLETINWORMS~GENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R04- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, AUTHORIZING AND DIRECTING THE CITY 6 MANAGER TO EXECUTE AN AGREEMENT FOR 7 WATER SERVICE OUTSIDE THE CITY LIMITS AND 8 COVENANT FOR ANNEXATION BETWEEN THE CITY 9 OF BOYNTON BEACH AND JERRY L. DARR; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City Limits, but within our 14 ~ater and sewer service area, for the property located at 1209 Highland Raod, Lantana, 15 (Ridge Grove W V2 of LT 82 and LT 83); and 16 WHEREAS, the parcel covered by this agreement contains a single-family home, and 17 :ated in the San Castle/Ridge Grove project area; and 18 WHEREAS, only potable water is available for connection to the property at this 19 ime due to recent water main improvements constructed by Palm Beach County as part of a 20 project; 21 WHEREAS, City policy requires annexation of the property to be serviced at the 22 arliest practicable time, as a condition of the granting of water services outside its 23 limits; and 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 true and correct and are hereby made a specific part of this Resolution upon adoption 28 '.9 Section 2. The City Manager is hereby authorized and directed to execute a Water ~ ervice Agreement between the City of Boynton Beach, Florida and Jerry L. Darr, Trustee, \CA\RESOL~greements\Water ServiceXDarr Water Service Agr.doc 1 ;aid Agreement being attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this __ day of June, 2004. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 Mayor 9 10 11 Vice Mayor 12 13 14 Commissioner 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 24 7ity Clerk 25 26 27 28 ~CAXRESOXAgreements\Water Service'~Darr Water Service Agr.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this __ day of ,200__, by and between ~.~4r r ~. ]~.c:~ ~'/~ hereinafter called the "Customer", and CITY OF B(~FNTON BE--ACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service fi.om the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide ~ustomer with water service fi.om its Municipal Water System to service the real property described ~s follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City herebY agree that there are ~ q 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 reslx)nsible for installation in conform~ance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Cu§tomer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of e/ther requiring the Customer-to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other fadlities 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 fronl time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and ~authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such!annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this propexty 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 barto the City's righ~ as set forth herein. The Customer acknowledges that the consideration of initially connecting to the. City's water supply is mn'ticient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant runhing with the land described in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, 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. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, FlOrida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty oftitle. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF,,the parties hereto have set their hands and seals this o~ ~7/day of WITNESS: INDIVIDUAL(S) AS OWNER(S): Witness Signature f .~Owner Signature' Printed Witness Name ~itness Signatme \ Primed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in .the C~unty aforesaid to take acknowledgments, personally appeared ~--~-~_AFFqJ-... - Lb ~.[r'-/-- to me known to be the person(s) described in and who executed the foregoing instrument that he./a~ acknowledged before me that h _e~h'E executed the same; that the individu .a.l--wcz ~.cz:;~:r~'..~ ::n:.wr. tz mc. erprovided the followingproofofidentification: ?Z. DF. ~-./,e_ ~7= D ~D..~,.~,.9- ~,2---/3/'.L ~) WITNESS my hand and o~cial seal in the County and State last aforesaid this o,~ ~>/day of ,200y ~~~ ~ V~ ~ ~$O~ PubliCc WITNESS: CITY OF BOYlqTON BEACH, FLORIDA Mayor ATTEST: City, Clerk STATE OF FLORIDA ) ) SS' COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the tree 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 o( ,200 . (Notary Seal) Notary Public Approved as to form: City Attorney 5 THIS INSTRUMENT PREPARED BY: Joslas & Gomn, P.A. IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLO~ID~ COUNTY OF / ~'/~,~ .__~ ~--~ lAMe, r, '~-~-F/'"~ /~- ,/~ ~ .(-'/"- , 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 heroin into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authori~ 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 authority of my attorney, THE CITY OF 'BOYNTON BEACH, FLORIDA, shall commence and be in full forco and efft~t on tl~ ~day of y~ .~ , , 20~and the powers and authorit3/ shall be irrevocable by. Grantee. " IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of -~'(~ ,in the year two thousand ano~ Sealed and delivered in the presence of witness Signature Ow/fier/81gnature Printed Witness Name Printed-(;~ner Name s 'gna ur Printed Witness Name Witness Signature Owner Signature Pdnted Witness Name Printed Owner Name Witness Signature ' ' Printed Witness Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ...T_HE FOREGOING INSTI~UMEN'[_was acknowledged before me this c~ ~;~day of '~~ , 200 (/(, by ~-~-.-ff'~ ' L., ~)o.. r"/'- - and. ---. ~' ~ , .".'h..3 .c"" '"'-'.-..._,_.__~ ~_-_- ,;,,. c.r who have produced -[~L_ ~_r'./..;,c.-I~'~; ~'~-Y~O-~,,'2..r as identification_~___ and who did/did nottake an oath. /31-0 ' - NOTA'I~'~' P?BLI.C--.,~-, /: /~.,,,' ' - Type or Print Name My CommissiOn ExpireS:. '~' ' - -'- ' POA. IND Palm Beach County Property Appraiser Property Search System Page 1 or-2 Gary R. Nikollts, CFA Palm Beach County Property Appraiser Pubtlc Access System - Property Information Location Address: 1209 HIGHLAND RD ~ ~mW__.H__~.__.~ Municipality: COUNTY OF PALM BEACH Parcel Control Number: 00~13-45-09-08-000-0821 Subdivision: RIDGE GROVE IN Official Records Book: 09652 Page: 0770 Sale Date: Feb-1997 Legal Description: RIDGE GROVE W 1/2 OF LT 82 & LT 83 - Owner Information Name: DARR JERRY L Mailing Address: 1209 HIGHLAND RD LAKE WORTH FL 33462 6115 -2003 Certified Appraisal Improvement Value: $43,$28 Number of Units: 1 Land Value: $15,360 * Total Sq. Ft: 1086 Market Value: $58,688 Acres: .00 Use Code: 0100 Description: SINGLE FAMILY · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $'278.21 Non ad valorem: $192.00 Total: $470.21 I" -2003 Certified Assessed & Taxable Values Assessed Value: $39,728 Exemption amount: $25,500 (2003 Exemption) Taxable: $14,228 - 2004 Exemption(s) I Regular Homestead: $25,000 Other: $500 (WIDOWER) TOTAL: $25,500 I- ~l~iL~"] -Sales Information Sales Date Book Page Price Instrument Owner Feb-1997 09652 0770 $36,000 WI3 DARR JERRY L Nov-1995 09048 1428 $100 QC Nov-1995 09046 1430 $17,500 WD Print Information ~ http://www, co.palm-beaCh.fl.us/papa/main/detail_info, asp?p_enfity----O0434509080000821 5/28/2004 ~. 0040 .......... ~ I / 23,~'.0 1 in. = 121.2 feet 0300 1870 9er 1900 t920 1 o16o 00?0 · i HIGI- VIEW RD 0190 0O8O nd 0210 0250 0100 0110 0232 0220 0120 0231 0910 0130 0140 1180 1160 0150 0140 0160 0150 0170 0160 0180 0170 MINI=R RD Location Map- Exhibit "A" VI.-CONSENT AGENDA ITEM E.:I.. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORlvl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cj~ Clerk's Offi¢.e. Meetiog Dat~ in to City Clerk's Offic~ [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 15, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 4 to 1 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Deparmaent of Development Memorandum No. PZ 04-097. EXPLANATION: PROJECT: Schnars Business Center (SPTE 04-003) AGENT: James W. Mahannah, P.E., Schnars Engineering, P.E. OWNER: 924 Venture, L.L.C. LOCATION: 924 North Federal Highway DESCRIPTION: Request for a one (1) year time extension of the site plan approval granted on February 18, 2003, from February 18, 2004 to February 18, 2005. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: _,,~ N/A Vevelop~t Efeplullment Director ! ''7 ~'~Ci~ ~u~e/'s / Planning and Zoq~-g~Director City Attorney / Finance / Human Resource S:~Planning~SHARED\WP~,ROJ~Schnars Business Ctr~SPTEXAgenda Item RequestSchnars Bus. Ctr SPTE 04-003 6-15-04.dot S:~BULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-097 TO: Chair and Members Communib/Redevelopment Agency THRU: Michael Rumpf~[~ Director of Planning and Zoning FROM: Maxime Ducoste-~ Planner * DATE: May 3, 20044 PRO.]ECT: Schnars Business Center / SPTE 04-003 REQUEST: Site Plan Time Extension pRO3ECT DESCR/P'I'ZON Property Owner: 9244 Venture L.L.C. ~plicant/Agent: 3ames W. Mahannah P.E. / Schnars Engineering Corporation Location: SE coroer of NE 9~h Avenue and North Federal Highway (see Exhibit "A" - Location Map) '~ting Land Use / Zoning: Mixed-Use (MX)/Mixed-Use Low (MU-L) ',ed Land Use/Zoning: No change proposed ' Use: 8,7544 square foot Professional Office Building 22,838 square feet (0.52 acres) N.E. 9~ Avenue right-of-way, and farther north, Boynton Beach F.O.E. #39q4 lodge building, zoned C-4; An auto repair business (Neal Autohaus Auto Repair shop) zoned C-44; Single-family neighborhood, zoned R-l-A; and North Federal Highway right-of-way, and farther west, a retail business (MSdVi Appliances), zoned C-4. ",-briars Engineering Corporation and agent for 924 Venture L.L.C. is for the site plan approval (NWSP 02-024) originally granted on '~o approved at this time, with a stated build-out date of '~ currenUy a vacant, undeveloped parcel approximately VI.-CONSENT AGENDA i'TEM E.1. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FOr,avl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business :~: -~_ -'~ AGENDA ITEM [] City Manager's Report [] Presentation ~0 ~:~ [] Consent Agenda [] Public Hearing ~ [] Code compliance/Legal Settlements [] Unfinished Business ~ ~' RECOMMENDATION: Please place this request on the June 15, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 4 to 1 vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-097. EXPLANATION: PROJECT: Schnars Business Center (SPTE 04-003) AGENT: James W. Mahannah, P.E., Schnars Engineering, P.E. OWNER: 924 Venture, L.L.C. LOCATION: 924 North Federal Highway DESCRIPTION: Request for a one (1) year time extension of the site plan approval granted on February 18, 2003, from February 18, 2004 to February 18, 2005. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ,~ N/A DevelopI~t l~epal~lent Director ]' t/ ~' VCit~ }~n[l~'s S~(j(t(a~/ Planning and Zo~l~Director City Attorney / Finance / Human Resources S:XPIanning~SHARED\WP~PROJECTS~Schnam Business CtrXSPTEXAgenda Item RequestSchnam Bus. C~' SPTE 04-I)03 6-15-04.dot S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-097 TO: Chair and Members Community Redevelopment Agency THRU: Michael Rumpf~~ Director of Planning and Zoning FROM: Maxime Ducoste-~ Planner ' DATE: May 3, 2004 PROJECT: Schnars Business Center / SPTE 04-003 REQUEST: Site Plan 'lime Extension PROJECT DESCR~P1/ON Property Owner: 924 Venture EEC. Applicant/Agent: James W. Mahannah P.E. / Schnars Engineering Corporation Location: SE corner of NE 9th Avenue and North Federal Highway (see Exhibit "A" - Location Map) Existing Land Use / Zoning: Mixed-Use (MX)/Mixed-Use Low (MU-L) Proposed Land Use/Zoning: No change proposed Proposed Use: 8,754 square foot Professional Office Building Acreage: 22,838 square feet (0.52 acres) Adjacent Uses: North: N.E. 9~ Avenue fight-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, zoned C-4; South: An auto repair business (Neal Autohaus Auto Repair shop) zoned C-4; East: Single-family neighborhood, zoned R-l-A; and West: North Federal Highway fight-of-way, and farther west, a retail business (MSdVl Appliances), zoned C-4. BACKGROUND Mr..lames W. Mahannah P.E. of Schnars Engineering CorporaUon and agent for 924 Venture EEC. is requesting a one (1)-year Ume extension, for the site plan approval (NWSP 02-024) originally granted on February 18, 2003. Traffic concurrency was also approved at this Ume, with a stated build-out date of 2003. The property, zoned Mixed-Use Low (MU-L), is currently a vacant, undeveloped parcel approximately Page 2 Memorandum No. PZ 04-097 0.52 acres in size. The intent of the project is to construct a three (3) story, 8,754 square foot office / retail building (see Exhibit - "B'3. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to February 18, 2005. ANALYSI'S On February 18, 2003, the City Commission granted site plan approval for the above-referenced project. This site plan approval was subject to 12 conditions of approval. All project conditions of approval pertaining to the site plan would still apply. According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. [n this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on February 12, 200~, prior to the expiration date. After Commission approval, the applicant submitted applications for building and for paving and drainage permits in May 2003, which were voided due to inactivity in November 2003 and .lanuary 2004, respectively. As stated in the request, the applicant has been delayed because of inability to locate suitable tenants required to secure financing. RECOMMENDATION Staff recommends approval of this request for a one (1)-year time extension of the site plan approval (NWSP 02-024) with the condition that the applicant obtains traffic concurrency approval to extend the build-out date accordingly. This positive recommendation is based on the fact that no changes have been made to the Land Development Regulations that would impact this project since it was approved in February 2003. Approval of this request for site plan extension would extend the project's expiration date to February 18, 2005. All conditions of approval included in the initial development order must still be satisfactorily addressed during the building permit process; however, any conditions of approval recommended by the Board or required by the City Commission will be placed in Exhibit"C" - Conditions of Approval. S:~anning~SHARED~WP~PROJECTS~Schnars Business Cf~SPTE-'~taff Report.doc Location Map EXHIBIT "A" SCHNARS BUSINESS CENTER EXHIBIT "C" Conditions of Approval Project name: Schnars Business Center File number: SPTE 04-003 Reference: 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: 1. Submit a revised traffic impact statement meeting the Traffic Performance X Standards of Palm Beach County Traffic Division prior to issuance of a building permit. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:~Planning\SHARED\WP~PROJECTS~Schnars Business Ctr\SPTE\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Schnars Business Center APPLICANT'S AGENT: James W. Mahannah, P.E. APPLICANT'S ADDRESS: 951 Broken Sound Parkway Suite 108 Boca Raton, FL 33487 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 15, 2004 TYPE OF RELIEF SOUGHT: Request a one (1)-year site plan time extension for Schnars Business Center. LOCATION OF PROPERTY: 924 North Federal Highway, Boynton Beach 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 Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr~SPTE\DO.doc Vi'.-CONSENT AGENDA ITEM E.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl v Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to Cit3' Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 15, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 5 to 0 vote, recommended that the subject request be approved, subject to all staff comments. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-120. EXPLANATION: PROJECT: Phillips Industrial Lot 4 (NWSP 04-008) AGENT: John Phillips OWNER: Phillips Equipment LOCATION: 1040 West Industrial Avenue DESCRIPTION: Request for new site plan approval for an outside storage lot for RV, boats and trailers and related site improvements, on a 1.44-acre parcel in a M-1 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A DevelopmenXt/De~ar~n~"-D~ct~ x / 7- - ertyM'a~ager's~a~ Planning and Zon/ng Director City Attorney / Finance / Human Resources S:XPlanning~SHARED\WP~PROJECTSXPhillips Industrial Park~rWSP 04-008XAgenda Item Request Phillips Indust. Lot 4 NWSP 04-008 6-15-04.dot S:~BULLETIN~ORMS~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-120 STAFF REPORT TO: Chair and Members Community Redevelopment Agency and City Commission THRU: Michael Rumpf {~'~l,J~ Planning and Zoning Director FROM: Maxime Ducoste-A. Planner DATE: June 1, 2004 PROJECT NAME/NO: Phillips Industrial Lot 4 / NWSP 04-008 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Phillips Equipment Applicant: Mr. John Phillips Location: Lot 4, West Industrial Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Industrial (I) / Industrial (M-l) Proposed Land Use/Zoning: No change Proposed Use: Outdoor storage for recreational vehicles (RV, boats and trailers). Acreage: 1.44 acres (62,300 square feet) Adjacent Uses: North: Property under construction approved for office / warehouse building (Phillips Industrial Park), zoned Industrial (M-l); South: Property under construction approved for a paving contractor warehouse, zoned Industrial (M-l); East: Right-of-way for the C.S.X. Railroad, then farther east is the right-of-way for Interstate 95; and West: Right-of-way for Industrial Avenue, then farther west is developed residential, zoned Single-familY residential (R-lA). Site Characteristic: The site is currently undeveloped and cleared, totaling 1.44-acre. There is no other vegetation of any significance on the site. The subject property is surrounded by other industrial uses, and zoned M-I. Staff Report - Phillips Industrial Lot 4 (NWSP 04-008) Memorandum No PZ 04-120 Page 2 BACKGROUND Proposal: The developer is proposing an outdoor storage facility for recreational vehicles, to be located on a vacant 1.44-acre parcel. No building will be constructed on this site (See Exhibit "B" - Proposed Site Plan). ANALYSIS Concurrency: Traffic: No traffic statement was submitted with this proposal. In order to ensure an adequate level of service, The Palm Beach County Traffic Division must review and approve any potential impacts, prior to the issuance of a building permit (see Exhibit "C" - Conditions of Approval). Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: School concurrency is not required for this type of project. Driveways: The project proposes one (1) main point of ingress / egress along West Industrial Avenue with automated 15-foot sliding gates. The entrance would be comprised of a 32-foot wide ingress / egress driveway with a curbed median in the center of the opening to direct vehicular traffic in and out of the subject property. The site plan (sheet SP-1) shows a secondary driveway access to be shared with the previously approved project to the north, Phillips Industrial Park, since the office associated with the storage business will be located on that parcel. A Unity of Title and cross- access agreement is required as a condition of approval. Since this development proposes a driveway connection to the property to the north, this project would also share its connection to West Industrial Avenue. A 24-foot sliding gate is proposed for security purposes, at the point of cross-access. The proposed on-site traffic circulation system .consists of one (1), two-way drive aisle 30-feet in width, extending through the interior of the site. Parking Facility: The Land Development Regulations requires at minimum four (4) parking spaces for any nonresidential use. Parking space requirements shall be computed on the basis of the principal use of the structure or the lot. However, since no building improvements are proposed on the site, the minimum number of parking spaces for this use is four (4) spaces, which the applicant is providing. The approved project on Lot 5, Phillips Industrial Park, required and provided 38 parking spaces. Further, the entire parking between the two projects will be shared. Although the two projects will provide minimal parking spaces per code requirements, it is not anticipated that this use will generate excessive parking demands. The dimensions of the handicap spaces would be enlarged to comply with the requirements of the Amedcan with Disabilities Act (ADA). Since the subject property lies within the Community Redevelopment Agency area, the backup distance behind the parking spaces can be reduced from 27 feet in width to 24 feet in width. Each proposed storage stall is 12 feet in width and 35 feet in length. The backup distance or drive aisle is 30 feetin width. As proposed, the total paved area would amount to 53,160 Staff Report - Phillips Industrial Lot 4 (NWSP 04-008) Memorandum No PZ 04-120 Page 3 square feet or 84.78% of the site. Landscaping: The proposed landscaped (pervious) area would be 9,540.70 square feet or 15.2% of the site. The landscape plan plant list (sheet LP-1) shows that the front (west) landscape buffer would be approximately 60 feet in width. A vast majority of it, however, would be comprised of the 50-foot wide drainage easement. The landscape plan currently shows a row of Ixora "Nora Grant" shrubs and two (2) Royal palm trees. In any case, the front landscape buffer shall consist of a combination of colorful groundcover plants and a minimum of two (2) colorful shrub species planted in a continuous row (see Exhibit "C" - Conditions of Approval). Further, the project entrance shall be enhanced with two (2) signature trees (Tibouchina Granulosa) as required bythe Landscape Code. The south landscape buffer, measures 5-foot in width, would consist of a Green Buttonwood and Live Oak trees and a row of Cocoplum hedges. The north landscape buffer (which would be shared with Lot 5 per a recorded agreement) would consist of a mixture of trees and Cocoplum hedges. Finally, the rear landscape buffer would consist of Royal palm trees and Cocoplum hedges. The development would be provided with the required amount of perimeter and internal landscaping as required in the Land Development Regulations, Chapter 7.5 Article II. Building and Site: Site regulations will be fully met when staff comments are incorporated into the permit drawings. N° buildings will be constructed on this site. Design: The design of this project will be compatible with the surrounding area through the use of color-coordinated fencing and landscape buffering from adjacent road rights-of-way. The applicant has provided enhanced landscaping at the driveway entrances to further buffer street views. Signage: No signage is proposed for this site. RECOMMENDATION: The Technical Review Committee (TRC) has reviewed this request for new site plan approval. Staff recommends approval, contingent upon all comments indicated in Exhibit "C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:~Planning~SHARED~.WP~PROJECTS'~Phillips Industrial Park~NWSP 04-008~Staff Report. rff I in. = 200.0 feet Intersta 'e 1-95 PHILLIPS INDUSTRIAL LOT 4 LOCATION MAP EXHIBIT "A" EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Phillips Industrial Lot 4 File number: NWSP 04-008 Reference: 2nd review plans identified as a New Site Plan with a May 18, 2004 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m, some residential developments) with 20 p.s.i, residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 2. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 3. This office will not require surety for installation of the water and sewer X utilities on condition that the systems be fully completed and given to the City Utilities Department. 4. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with CODE Sec. 26-15. 5. Staff recommends placement of an additional fire hydrant in the "No X Parking" area at the northeast end of the parking lot. The fire hydrant may come off the existing 6-inch water main and should be protected by bollards. 6. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FIRE Comments: 7. Hydrant connections shall be to mains no less than six (6) inches in X diameter. In addition to domestic requirements at a residual pressure of not less than 20 psi, a fire flow of at least 1500 gpm is required. 8. Where underground water mains and hydrants are to be provided, design X documents 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. 9. City Ordinance Section 9-6, 3./7-11 requires approved automatic'fi~e X sprinkler systems throughout all buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None X ENGINEERING DIVISION Comments: 10. Please note that changes or revisions to these pla~s may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 11. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 12. Paving, Drainage and site details will not be reviewed for constmctio~ X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 13. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. 14. Add to all plan view drawings of the site a labeled symbol that represents X DEPARTMENTS INCLUDE REJECT the location and perimeter of the limits of construction proposed with the subject request. 15. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 16. On the drawing titled site plan, identify and label the symbol that represents X the property line 17. As required by LDR, Chapter 4, Section 7, submit a current survey of the X subject property. 18. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 19. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 20. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 21. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 22. Show the proposed site lighting on the site and landscape plans. (LDR, X Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your TRC plan submittals. 23. Clearly show on the plans the entire area and scope of work covered under X this application. If the project is only for Lot 84 clearly note this on the plans and delineate the limits of construction. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 24. Project requires a traffic impact statement/study and conformance with the I XI Palm Beach County Traffic Performance Standards. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 25. A sealed survey not older than six (6) months is required. X 26. Since this project intends to connect to the abutting parcel to the north, a X unity of title and/or cross access agreement shall be required prior to issuance of a building permit. 27. Provide detail of a standard parking space and handicap space in accordance X with the City's Engineering Department Standard Drawing B-90012. The only handicap space is on adjacent parcel. 28. Label and dimension required landscape buffer on the site plan and X landscape plan. Seven (7) foot landscape buffer is required between right- of-way and parking, complete with two colorful shrubs planted in continuous rows or clusters and a row of colorful groundcover. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:LPlanning~SHARED\WP~PROJECTS~PhilIips lndu$ffial ParkLNWSP 04-008\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Phillips Industrial Lot 4 APPLICANT'S AGENT: John Phillips APPLICANT'S ADDRESS: P.O. Box 292414 Davie, FL 33329 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 15, 2004 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for 62,300 square feet of outdoor storage for recreational vehicles in an M-1 zoning district. LOCATION OF PROPERTY: 1040 W. Industrial Avenue Boynton Beach, FL 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 Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant . HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Phillips Industrial Park\NWSP 04-008\DO.doc VI.-CONSENT AGENDA ITEM E.3 CITY OF BOYNTON BEAC! AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates Ln to Cit~ Clerk's Office Meeting Dates i_n to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (No(m) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 Goon) [] Administrative [] Legal ~ "<c3 NATURE OF [] Announcement [] New Business ~ ? AGENDA ITEM [] City Manager's Report [] Presentation -.~.:~ [] Consent Agenda [] Public Hearing 2~: ca-~ [] Code compliance/Legal Settlements [] Unfinished Business -.~ RECOMMENDATION: Please place this request on the June 15, 2004 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a 4 to 1 vote, recommended that the subject request be approved, subject to additional conditions to limit the extension to 6 months, require any minor site plan modifications be presented to the CRA Board prior to approval, and that the water reservation fee be paid, prior to Commission review, for both the original approval and extension period. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-109. EXPLANATION: PROJECT: Arches (SPTE 04-004) AGENT: Ryan Weisfisch, Boynton Ventures 1, LLC OWNER: Multiple Owners LOCATION: Southwest comer of Ocean Avenue and Federal Highway DESCRIPTION: Request for a one (1) year time extension of the site plan approval granted on June 3 2003, from June 3, 2004 to June 3, 2005. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Developme~(I~par~e~t Director ~ City 16fanCier's Planning and Zoning/Director City Attorney / Fi;. S:~Planning~SHARED\WP~PROJECTS~MI. CHES ~ BB~SPTE 04-004XAgenda Item Request Arches SPTE 04-004 S:~BULLETIN~ORMS\AGENDA ITEM REQUEST FORM.DOC Page 2 Memorandum No. PZ 04-109 BACKGROUND In 2003, Boynton Ventures 1, LLC, the COntract purchaser, assembled many different lots throughout almost two (2) city blocks in order to construct a large-scale mixed-use development. The project was approved for three (3) separate buildings ranging from three (3) stories to 10 stories in height. Retail and restaurant uses would primarily occupy the ground floor while office and residential uses would occupy the second and remaining upper floors. This scenario would be consistent with the standards of the MU-H zoning district. The project was to be built within one (1) phase. According to public records, the subject property remains under multiple ownership. Mr. P, yan Weisfisch of Boynton Ventures 1, LLC is now requesting a one (1)-year time extension, for the site plan (NWSP 03-002) that was approved on .lune 3, 2003. It must be noted that on 3une 17, 2003, the City Commission approved Ordinances 03-019 and 03-020, which adopted the corresponding land use amendment / rezoning changes (LUAR 03-003), also requested by Boynton Ventures, LLC. This land use amendment / rezoning request successfully changed the underlying land use from Mixed Use (MX) to Mixed Use Core (MX-C) and the zoning from Central Business District (CBD) to Mixed Use High Intensity (MU-H). The approval of the land use and zoning are now in perpetuity and cannot be changed unless a formal request is made to change them. The gross density of the project was approved at approximately 79 dwelling units per acre, which was in compliance with the maximum density allowed in the MX-C land use category. 8oth the City Commission and the Florida Department of Community Affairs (DCA) approved the land use amendment and rezoning application. However, a subdivision master plan is valid for only one (1) year after a development order has been issued. The developer is required to secure a building permit within that year. If this request for extension were approved, the expiration date of this site plan, including concurrency certification would be extended to 3une 3, 2005. ANALY$1'S According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on April 27, 2004, which is nearly two (2) months prior to the expiration date of the new site plan. According to the time extension application, Mr. Weisfisch indicates that Boynton Ventures, LLC has "encountered an unforeseen environmental issue". While it may be true that the applicant experienced delays caused by outside government agencies or inherent problems with the subject site, the onus is still on the applicant to submit drawings to the Building Division in order to secure a building or infrastructure type of permit. Submitting these types of permit plans demonstrates "good faith" to the City that the developer is attempting to complete the project. In defense of the developer, however, a project of this magnitude requires additional time for due diligence with regard to property acquisition, project financing, and construction planning. Also, a more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On .January 6, 2002, the Palm Beach County Traffic Division approved the traffic study for 59,000 square feet of retail and 257 dwelling units with a build-out year of 2005. The site plan time extension is still subject to the 53 conditions approved in the original new site plan. Location Map EXHIBIT "A" The Arches at Boynton Beach EXHIBIT "C" Conditions of Approval Project name: Arches File number: SPTE 04-004 Reference: Site Plan Time Extension 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 COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Arches (SPTE 04-004) APPLICANT'S AGENT: Mr. Ryan Weisfisch with Boynton Ventures 1, LLC APPLICANT'S ADDRESS: 1250 East Hallandale Beach Boulevard, Suite 305 Hallandale Beach, FL 33009 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 15, 2004 TYPE OF RELIEF SOUGHT: Request one (1) year site plan time extension for a large scale mixed- use project approved on June 3, 2003 (an extension to June 3, 2005) LOCATION OF PROPERTY: Southwest corner of Ocean Avenue and Federal Highway 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 Community Redevelopment Agency, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant .. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby .. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:~C'Ianning\SHARED\WP~PROJECTS~ARCHES @ BB\SPTE 04-004\DO.doc VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM F AGENDA ITEM REQUEST FOIl,. Requested City' Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to CiD' Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business -< AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Un£mished Business RECOMMENDATION: Approve the cash surety for the Monterey Bay excavation/fill permit EXPLANATION: Surety is required to restore the site to its original condition if the permit is not completed. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Approve the surety with conditions. ~"/~ ( 0~.~ Dep~m~ent ~aX~s4gignature -C~t~ Manager' s Signature Public Works - Engineering Division Department Name City Attorney / Finance / Human Resources S:~BULLETINWORMSL4,GENDA ITEM REQUEST FORM.DOC lY}- 14-3726B 6-2001 BankofAmerica."~- Cashier's Check No. 3 4 0 8 7 $ 4 >..... ~--~::';/~'~f~;~<~:*%/*-~.:::~>'~.';-':~;;::~:~:~'-*~'~:~<'~:::;~:~ .~,:. .... ,:.~:.~.~.~ :L~:.::~.~¢~;~ . ~:.~:~.~..,~ ........ ~j%~..::~ ~,:~.+~¢~:.. ~:::.;~:~:;::{.}.: I ...... I_ , II I I III1_ VI.-CONSENT AGENDA ITEM G CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR v Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April20.2004 April 5, 201M (Noon) [] June l5, 2004 May 31, 2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 {Noon) tho mC::> [] May 18, 2004 May 3, 2004 (Noon) ~l.~ July 20, 2004 July 5, 2004 (Noon) -IJ <.~ ~:~ .. [] Administrative [] Legal co NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of May 2004 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: Ordinance, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000' and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: This Ordinance 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 timely purchases to be made. ALTERNATIVES: Revert back to the old bid threshold orS10,000.00. ~ Depu~ Director of Financial Ser~ces - - -"-City Manager's Signature Procurement Services Department Name City Attorney / Finance / Human Resources S:'d3ULLET1N~ORMSLa, GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED MAY 2004 1. Vendor: South Florida Trane Service Purchase Amount: $ 24,923.00 Requesting Department: Public Works/Facilities Division Contact Person: Richard Fiege Brief Description of Purchase: To provide and install Tracer Summit Upgrades for City Hall and 1913 Schoolhouse Museum. The upgrade will include the conversion from the current OS2 Base Software to Microsoft Windows 2000 NT which conforms to the City's existing system. And, the conversion will allow us to move from an analog (dial-up modems) system to a LAN (Local Area Network) system which will free up some additional lines for future assignment. Source for Purchase: Sole Source Fund Source: 302-4101-580-62-01 Buildin~l Improvements 2. Vendor: Sunbelt Hydraulics & Equipment Purchase Amount: $ 18,060.50 Requesting Department: Public Works/Fleet Division Contact Person: Robert Lee Brief Description of Purchase: This purchase will allow for repairs to the Boom portion of a Solid Waste Division, Vehicle #1089, Freightliner Hell Front Loader. Risk Management will cover the initial cost of the repairs, and will seek reimbursement for the expense since the accident was not the fault of the City. Source for Purchase: Sole Source Fund Source: 522-1710-519-49-23 Insurance Reserve The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56, and are now being presented to Com~s required. City Manager Approval: Presented to Commission for information on June 15, 2004. 1 of 1 VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City. Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ciw Clerk's Office Meeting Dates in to CiW Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDAI'/ON: Authorize the use of Community Investment Funds from Commissioner Ensler ($878) to Tomodachi Judo. EXPLANATION: Commission approval is requested for allocation of $878 of community investment funds to Tomodachi ]udo for the purchase of four 5' x 10' mats for the work out area at Congress Middle School. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $12,000 in Community Investment funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. City Manager's Signature City Clerk's Office Attor~l~Ju~:inance/Human Resources S:\CC\WP\CCAGENDA\Community Investment Funds\Commissioner Ensler\Tomodachi Judo ~ 6-15-04.doc S:~BULLETIN~ORMSL~GENDA iTEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part I- Summary of Request Date of Request: 06-15-04 Requested by Commissioner Bob Ensler Amount Requested: $878 Recipient/Payee: Tomodachi Judo Description of project, program, or activity to be funded: Pumhase of four 5' x 10' mats for the work out area at Congress Middle School Dated: 06-15-04 By: ,-(~t/,~ ~"~ · Ja~M. Praini:to, City Clerk Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $12,000. $4,000has been used to date by the requesting Member, leaving a balance of available funds of $8,000. This request would bring the available amount down to $7,122. Accordingly: · ed' There are funds available as requested ~ There are insufficient funds available as requested. Dated: C0- I - (24- By: Finance Director Part III- Eligibility Evaluation (to be completed by City Manager) ~" The proposed expenditure of funds will not result in improvement to private property; a/ The recipient/payee is a resident of the City of Boynton Beach or is a legal entity with offices in the City of Boynton Beach; ¢" The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~/"Proper safeguards are being implemented to assure that the public funds being appropriated will be used fo~ose. Dated: {,/~( O~ By: '"City ~anager S:\CC~WP',CCAGENDA\Community Investment Funds\Commissioner Ensler~Form - Tomodachi Judo.doc Tomodachi Judo Boynton Beach, F! 33426 E~: a~esz~ou~.net 561~-7~ ~F~ 561-738-77~ ~ ~1-731~243 ~. 561-7~-3414 ~ March 17, 2004 Commissioner Bob Ensler, This is a follow up letter to our conversation on March 14; but first I would like to thank you for all your help to date with our Judo Club. We have many children and families in need that have benefited greatly from your efforts. As you know, Tomodachi holds classes at Congress Middle School through a City of Boynton Beach Parks program, and donates thousands of dollars a year in funding and scholarships to the afore mentioned children and families from our community. I remind you that we are a 501c3 charitable organiTation registered both with the IRS and the State of Florida. Our federal ID number is 650565580. Our State of Florida Solicitation of Contributions registration number is SC-12942. Now to our conversation, our work out area at Congress Middle School is in need of four 5'x10' mats. I am enclosing a Mat Purchase Proposal, from Gold Coast Gymnastics, Inc., for the amount of $878.52. I know these mats aren't cheap but, they are an exact match with what we already have. For safety's sake, it's imperative that we stay with a smooth contiguous surface and symmetrical work out area. Do you have any idea how we can get these four extra mats? ~'~ " L~'~,"" Presadent Community Investment Funds 2003/2004 $12,000 per Commissioner Total Amt Expended Function Approved Mayor 500 Heritage Fest 01-20-04 500 Heritage Fest- Caribbean Celebration 01-20-04 795 Sister City Co for Young Artists Competition 02-17-04 500 Florida Trust - Co sponsor for tour of BB 04-7-04 500 2~795 Nurses Week Scholarship Fund 04-20-04 500 American Legion Post 164 06-01-04 Ferguson 500 Heritage Fest 0 !-20-04 500 Nurses Week Scholarship Fund 04-20-04 500 1~,~00 Gulf Stream Council, :[nc. - Boy Scouts of America 05-04-04 500 American Legion Post 164 06-0:[-04 McCray 400 American Legion Auxiliary Unit 288/Girls State 22-02-03 500 HeadStart Scholarship Program 22-02-03 2,000 Heritage Fest 01-20-04 2,000 Committed Citizens Concerned about Children 04-20-04 500 Nurses Week Scholarship Fund 04-20-04 500 5~9OO Gulf Stream Council - Boy Scouts of America 05-04-04 McKoy 1,000 $1,000 Heritage lest]Scholarship 01-20-04 1,000 2,000 $1,000 Heritage fest/Book Signing 0!-20-04 500 American Legion Post 164 06-01-04 Ensler 1,000 Heritage Fest 0:[-20-04 1,000 Gulfstream Council, [nc. - Boy Scouts of America 05-04-04 2,000 4,000 American Legion Post :[64 06-02-04 878 Tomodachi Judo 06-:L5-04 Revised 06-01-04 VI.-CONSENT AGENDA ITEM I.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Ci~' Clerk's Orifice [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business Z AGENDA ITEM [] City Manager's Report [] Presentation ! [] Consent Agenda [] Public Hearing '-o c~'-4 [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to accept Performance Bond no. 08742543 from Fidelity and Deposit Company of Maryland and Westbrook~x: Homes in the amount of $466,853.20 as surety for the satisfactory completion and performance of the water and sewer improvements for the project known as Canterbury at Quantum Village. EXPLANATION: The developer of this project has elected to post surety for the potable water and sanitary sewer improvements so as to expedite the providing of water and sewer service to the project. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES:f/~~~~None (' ~ Department He~s SignaflOe City Manager's Signature UTILITIES Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Barbara Conboy " Mary Munro, Finance Dept. (w/original performance bond) File S:',BULLETINWORMSX, AGENDA ITEM REQUEST FORM.DOC Bond No. 08742543 Premium: $3,735.00 (Two Years) PERFORMANCE BOND KNOW ALL NEN BY THESE PRESENTS: That we, Westbrooke Homes a Florida General Partnership, hereinafter called PRINCIPAL, and Fidelity and Deposit Company of Maryland, a Surety company authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and firmly bound unto the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the full and just sum of Four Hundred Sixty Six Thousand Eight Hundred Fifty Three and 201t00 U.S. Dollars ($466,863.20) lawful money of/he United States of America, to be paid to the C~y of Boynton Beach, to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the recording of a certain subdivision plat known as Canterbury at Quantum Village and such recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the REGULATIONS, pertaining to said subdivision; WHEREAS, PRINCIPAL has been issued /hat certain improvements of Wa~er Distribution and Sanitary Sewer improvements (CGA Project No. 02-2644) heminatter the PERMIT, for construction of said Required Improvements, a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, it is was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE,/he conditions of/his obligation are such that if the above bound PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT within the time specified, and shall in every respect fulfill their obligation thereunder and under the plans therein referred to, then this obligation is to be void; otherwise it shall remain in full force and effect. The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULATIONS. The SURETY UNCONDITIONALLY CONVENANTS AND AGREES /hat if the PRINCIPAL fails to perform all or any part of the construction work required by said PERMIT and REGULATIONS within the time specified, the SURETY, upon thirty (30) days written notice from the CITY or its authorized agent or officer, of/he default, to the PRINCIPAL or ils authorized agent or officer, will forthwith perform and complete the aforesaid construction work and pay/he cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages either direct or consequential. Should the SURETY fail or refuse to perform and complete the said improvements, CITY, in view of/he public interest, health, safety and welfare factors irwolved and the inducement in approving and filing the said plat, shall have the rigM to resort to any and all legal remedies against the PRINCIPAL and/or SURETY, or both at law and in equity including specifically the specific performance, to which the PRINCIPAL and SURETY unconditionally agree. The PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at is option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in case the PRINCIPAL shall fail or refuse to do so in accordance with the terms of said PERMIT. In the event CITY should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally liable hereunder to reimburse the CITY the total cost thereof, including but not limited to, engineering, legal, and contingent costs, together with any damages, either director consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out and execute all the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 17a day of May, 2004. (CORPORATE SEAL) Westbrooke Homes, a Flodda General Partnership By: Westbrooke Companies, inc., a Delaware By:/c-~'~'~- ~v-rr. ATTEST: . (Impressionable corporate seal) ~fiand ~in~Ma~'~as, '~ome~-in.,~act ~r~o~ California t $$. cou~r~ o~ _O_range on May 1?th, 2004 ....... be/ore me, Esther A. Stepien, Notary Public PFA$ONAL~,~P~,D Christine Maestas pe~onalty known to me (or proved to me on the basis of satlsfactory evidence) to be the person(~) whose namt(s) is~ttre subscribed to the witldn instrument and acknowledged to me tl~at he/shelley executed the sar~ in his/her/their atahorized celXtcity#es), and ttutt by hiMher/their ~ signature(s) on the instrument the person(s), or the emit), upon behalf of which the person(s) acted, executed the btstrument. WITNESS my hand and official s~ai. ~ That area/or Of J~cial Notarial Seal Though the data below I~ not required by law, it may prove valuable ~o persons relying on Ihe documem and could prevenl fraudulent matiachm~ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [] INDIVIDUAl. [] COFIPORATE OFFICER Boild Number 0874254~ TITLE OF TYPE OF DOCUMENT [] ~FrrNE~S) [] L~rrEO [] eENEP~ Two [] AT[ORNEY-IN-FACT NUMBER OF PAGES [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [~] OTHER: Ma_y 17th, 2004 ...... DATE OF DOCUMENT SIGNER IS REPRESENTING: Fidefi~/and Depose ~y of Maryland Westbrooke Home~ a Florida general partnership ,.. , .......... ~ER(a), OT~,.~,,I~AN n,..AME ,D ABOVE, ..... ~-1:,~ (~m,.,,. s,o~) ALL-PURPOSE ACKNOWLEDGEMENT Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the'FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a ~ corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, w~ic~,l~i~ set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof~.d~s(l~i~inate, constitute and appoint Paul A. BLAND, Dana L. DOWERS, Christine MAESTAS a~l~.~]~..I~_ ~ c~_ x~. f Irvine, California, EACH its true and lawful agent and Attorney-in-Fact, to m~~~~~ behalf as surety, and as its act and deed: any and all bonds and unde~_~.. ~'e-x6- c~t~~l~l~undertakings in pursuance of these presents, shall be as binding upon~~,~l~'~'n~s and purposes, as if they had been ~ . L~. ~ , ~,~-~ ~ '^~,~3r..f~ ..... duly executed and acknowled~g~~a~ly ~~~'o~npany at its office i~ Balnmore, Md., m theft own proper personsr.~*l~.~r"~'~t6~Y ~s/'~ Xs~effon behalf of Paul A. BLAND, Dana L. DOWERS, Christine MAESTAS, Kather~~A~~'l~, dated July 17, 2003. . Section 2, of the By-I_~s"of's~id Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 22nd day of January, A.D. 20O4. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary. Paul C. Rogers Vice President State of Maryland }ss: City of Baltimore On this 22nd day of January, A.D. 2004, before the subscriber, a Notary Pubhc of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant 'Secretary' of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,.that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereumo set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Public My Commission Expires: February 1,.2005 POA-F 012-0038 ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND We are mak~ug the followins informational disclosures in compI/ance with The Terrorism R/sk Insuranc~ Act of 2002. No action is required on your Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under thi~ bond is $ waived _. This amount is reflected in the total premium for hhis bond, Disclosure of Availability of Covern~e for Terrorism Losses As required by the Terrorism 1Lisk In.~urance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the A~t) with terms, amoums, and limitations that do not differ materially as those for losses arising ~rom events oLher than acts o£te~rorism Disclosure of Federal Share of Insurance comonny's Terrorism Losses The Terrorism lLisk Insurance Act o£2002 establishes a mechanism by which the United Sm,es governmem will share in insurance company losses resulting from acts of terrorism (as defined in the Act) a~r a insurance company has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company dedu~tfole is 1% of direct earned premium in the prior year;, for 2003, 7% of dire~t earned premium in the prior year, £or 2004, 10% of direct earned premium in the prior year; and for 2005, 15% o£ direct earned premium in the prior year. The federal share o£ an insurance company's losses above i*s dedu~'U%le is 90%. In the event the United States_gove.._mm~nt participates in losses, ~he United States government may dire~ insurance compsnies to collect a ~errorism surcharge fi.om policyholders. The Act does. not currently provide for insurance industry or United States government participation in terrorism losses that exceed $I00 billion in any one calendar yea~. Def'mition of Act of Terrorism The Terrorism Risk Insurance Art defines "act o£terrorism" as any act tha¢ is cecdfied by the Se~remry Treasury, in con~trrence with the Secretory of State and the A~omey C-~eral of the United States: 1. to be an act o£ terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrasmicture; 3. to have resulted in damage within the United Sines, or outside of the United States in the case of an aM cartier (as defined in section 40102 of title 49, United 17 S~m~s Code) or a United States flag -,~essel (or a vessel based principally in *.he United States, on which United States inc~ome tax is paid and whose insurance coverage is subject to regulation in the United States), or the premi.~es of a United Sta~ mission; and 4. to have been committed by an individual or individuals acting on" behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population o£the Uni~d States or to in~luen=e Lhe policy or a~e~t the ~ndu~t of the United States Government by coercior~ 3m, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course ora var declared by Congress (~xcept for workers' c~mpensafion) or property and c. ammlty insurance losses ?om the ~ in the aggregate, do not ~ceed $5,000,000. ~ese disclosures are informational only and do not modify your bond or affect your righ~ under the bond. Copyright Zu~¢h AmScan I~m~ Co~ 20o3 Z~u-ich Te~ro.t4sm Disclosure Notice Fro~,',:KE!TH & BALLBE, i~. 954 489 9802 06/~/2004 08.~z ~73 P,OO2/gCq VIII.-PUBLfi: HEARING ITEM A. B. C. KEITH & BALLBI~, IN~ Consulting Engineers 2201 West Prospect Road, Suite 100 Fort Lauderdale, Florida 33309 Phone (954) 489-9801 Fax (954) 489-9802 J~me 3, 2004 Mr. Dick Hudson,. AICP Senior Plamaer crrY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425-0310 (Via Fax) WATERSIDE Project Number 22-12-53 De~ Mr. Hudson: Please postpone the application for Armex~tion, Land Use, Zoning and Site Plan £or the above referenced project m~til further notice. lfyou have any questions or require any additional information, please do not hesitate to call our office. Sincerely, Cea-Ios J. iBallb& -,d cc: Hector Garcia, SOUTHERN HOMES Bonnie L. Miske, RUDEN, MCCLOSK, SMITH, SCHUSTER & RUSSELL, P.A. VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dales in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April20,2004 April 5, 2004 (Noon) [] Jonel5,2004 May 31, 2004 (Noon) ~ [] May4,2004 April 19,2004(Noon) [] July6,2004 June 14,2004(Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 15, 2004 City Commission Agenda under Public Hearing The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Depatlment of Development Memorandum No. PZ 04-021. EXPLANATION: PROJECT: Florida Collision Center (LUAR 04-005) AGENT: Carl A. Cascio, P.A. OWNER: Boynton Beach RE Enterprises, Inc. LOCATION: 902 NE 3~a Street DESCRIPTION: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (1). Proposed use: auto body repair, storage and towing. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A Developm&arDtepa~'~t Director ' / "~- City Ma~er~s'~ture - · gand Zonifig Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Florida Collision Clx~LUAR~genda Item Request Fioridaa Collision Clx LUAR 04-005 amend 1st reading 6-15- 04.dot SABULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DMSION MEMORANDUM NO. PZ 04-021 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 2, 2004 PROJECT DESCRIPTION Project/Applicant: Florida Collision Center/Boynton Beach RE Enterprises, Inc. and Andrew Cohen Agent: Carl A. Cascio, P.A. Owner: Boynton Beach RE Enterprises, Inc. Location: 902 NE 3~ Street File No: LUAR 04-005 Property Description: Vacant property consisting of two parcels, totaling approximately 0.52 acre, classified General Commercial (GC) and zoned C-4, General Commercial District Proposed change/use: To reclassify' fi:om General Commercial (GC) to Industrial (I) and to rezone fi:om C4 General Commercial District to M-1 Industrial District. Adjacent Land Uses and Zoning: North: Right-of-way for NE 9* Avenue, then vacant parcel designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial District South: Right-of-way for NE 8~ Avenue, then developed property (flex space) designated General Commercial (GC) and zoned C-4, General Commercial District. East: Developed property (auto repair and towing - Florida Collision Center) designated Industrial (I) and zoned M-1, Industrial District. West: Right-of-way for NE 3~ Street, then developed property (Palm Beach County Head Start daycare and the city's Public Works' facility) designated Public and Private Governmental/Institutional (PPGI) and zoned PU, Public Usage. Page 2 File Number: LUAR 04-005 Florida Collision Center EXECUTIVE SUMMARY Staff recommends approval of the proposed land use amendmenffrezoning. The proposed land use amendment/rezoning: · Is consistent with the Comprehensive Plan; · Is consistent with recommendations of the Heart of Boynton Community Redevelopment Plan; · Will bring the applicant's entire property under the same land use designation and zoning category; and · Will increase the supply of land with M-1 light industrial zoning suitable for small businesses. BACKGROUND The applicant, who is the owner of the auto repair and towing business Florida Collision Center located on a pared adjacent to the subject property, is requesting the land use amendment and rezoning which, if granted, will bring the said property under the same land use designation (Industrial) and zoning (Industrial Distric0 as the parcel developed with his existing auto repair business. The subject property, recently purchased by the applicant, consists of two parcels. One of the parcels was developed with a single family home, a non-conforming use under the current zoning, but the building has been demolished and both parcels are at present used for vehicle parking and storage for the existing auto repair business. Exterior storage of motor vehicles, but not wrecked motor vehicles, is a permitted use under current C4 zoning in connection with a lawful principal use, the auto repair. Wrecked vehicles make up a significant portion of vehicles stored on the subject property. Storage of such vehicles is a permitted use in the proposed M-1 zoning district, provided that it is adequately screened. The applicant will be expected to improve the property by providing such adequate screening, particularly from the Head Start dayeare center located to the west of the property, across from NE 3 Street. PROJECT ANALYSIS The subject parcel totals +0.52 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Depm:huent of Community Affairs and is not reviewed for compliance with the state and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan .4mendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed chamge includes an amendment to the Comprehensive Plan Future Land Use Map. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: Page 3 File Number: LUAR 04-005 Florida Collision Center a. IVhether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consistent with all applicable comprehensive plan policies. In particular, it is consistent with policies under Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of U.S. 1 and Martin Luther King Boulevard. The property is located in the Arden Park neighborhood within the Heart of Boynton Community Redevelopment Area, and thus the subject of a recently adopted Heart of Boynton Community Redevelopment Plan. The proposed land use amendment and rezoning is consistent with the recommendations of the plan which supports industrial uses in the area bounded by N. Railroad Avenue on the east, NE 3ra Street on the west, NE 3ra Avenue on the south and NE 9"' Avenue on the north. The proposed rezoning does not affect density, neither is the property located within the hurricane evacuation zone. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be consistent with the established industrial and commercial use patterns in the area and will not create an isolated district. A number of lots within the General Commercial District, where the property is located, and within the industrially zoned area along the N. Industrial Avenue, are developed with industrial and heavy commercial uses. The need for adequate screening, however, is particularly evident given the presence of the Head Start child care facility west of the subject property. c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Community Redevelopment Plan and its recommendations regarding properties located in the Arden Park neighborhood makes the proposed rezoning desirable. The recommendation is to reclassify all properties fronting NE 3ra Street on the east side from General Commercial District to M-1 Industrial District, thus expanding the existing industrially zoned area. The shrinking supply of lands with the industrial designation in recent years may create future location problems for industrial and marginal Page 4 File Number: LUAR 04-005 Florida Collision Center commercial uses, which are important to the economic fabric of the city by providing valuable services and employment opportunities. This applies to all land classified industrial. The shortage of industrial sites geared towards small business is one of the concerns. At present, there is not much vacant land with industrial zoning such as M-1. Moreover, the areas with C-4 zoning, which allows marginal commercial uses, are also scarce. These are located along US-1 and may ultimately be reclassified/rezoned to further the Federal Highway Corridor Community Redevelopment Plan. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning will not entail any changes with respect to demand for public facilities. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above, the proposed use of the property will be compatible with the current and future use of adjacent and nearby properties. It will not affect the property values of adjacent or nearby properties. However, the appropriate screening of the properties fronting NE 9tu Avenue on the south side will be important as the Heart of Boynton Community Redevelopment Plan recommends land use amendment and rezoning of parcels located on the north side of the NE 9tu Avenue, across from the subject property, from Local Retail Commercial land use and Neighborhood Commercial zoning to Multi Family Residential use and R-3 zoning. Further expansion of the industrial zoning district, beyond what is recommended by the Heart of Boynton Community Redevelopment Plan, will also be discouraged by the existence of the adjacent NE 3~ Street and NE 9~ Avenue, which represent a permanent separation of the industrial from the surrounding non-industrial districts. f. Whether the property is physically and economically developable under the existing zoning. The property is physically and economically developable under the existing zoning; however, the existing auto repair shop requires vehicle storage and parking as an auxiliary use which the property conveniently accommodates. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have negligible impact on the city as a whole, but, as argued in point (c), it will contribute to the supply of the industrial land suitable for small businesses. The request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are alternative sites throughout the city for a single-family home use and development. However, as documented above, this proposed boundary adjustment is minor and compatible with adjacent land uses. Page 5 File Number: LUAR 04-005 Florida Collision Center CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on infrastructure and will be compatible with adjacent land uses. It is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C". ATFACHMENTS G:.'~L~ARs~oridn Coll~sion Ce~er~'~ Rq~o~ ~1 Col~sion Cer~e~.doc LOCATION MAP 902 NE 3rd STREET PPGI GC I eDR 0 25 50 100 150 20~ -- -- eet VIII.-PUBLIC HEARIN( ITEM D. CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci~ Cler.k.'s Offic.~ M~.~ng Dates in to Ci_ty Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] Julyr, 2004 June l4, 2004 (Noon) [] MaylS, 2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(Noon) [] Administrative [] Legal NATUREOF [] Announcement [] New Business .~. ~:~ AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 15, 2004 City Commission Agenda under Public Hearing ' The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-021. EXPLANATION: PROJECT: Florida Collision Center (LUAR 04-005) AGENT: Carl A. Cascio, P.A. OWNER: Boynton Beach RE Enterprises, Inc. LOCATION: 902 NE 3~ S~eet DESCRIPTION: Request to rezone from General Commercial District (C-4) to Industrial District (M-1). Proposed use: auto body repair, storage and towing. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~ N/A Developm~ D~p~t iJtr~ct~r ' '/ City 19li~n~ger's Signat/ar~' t PlannTmg and Zon~g"Director City Attorney / Finance / Human Resources S:Wlanning~SHARED\WPWROJECTSWIorida Collision Ctr\LUAR'Otgenda Item Request Floridaa aCollision Ctr LUAR 044305 rezone Ist readi 04.dot S:XBULLETIN~ORMSV~GENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 04-021 TO: Chairman and Members Community Redevelopment Agency Board FROM: Hanna Matras, Planner THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: June 2, 2004 PROJECT DESCRIPTION ProjecffApplicant: Florida Collision Center/Boynton Beach RE Enterprises, Inc. and Andrew Cohen Agent: Carl A. Cascio, P.A. Owner: Boynton Beach RE Enterprises, Inc. Location: 902 NE 3~ Street File No: LUAR 04-005 Property Description: Vacant property consisting of two parcels, totaling approximately 0.52 acre, classified General Commercial (GC) and zoned C-4, General Commercial District Proposed change/use: To reclassify' from General Commercial (GC) to Industrial (I) and to rezone from C-4 General Commercial District to M-1 Industrial District. Adjacent Land Uses and Zoning: '~rth: Right-of-way for NE 9* Avenue, then vacant parcel designated Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial District 'h: Right-of-way for NE 8*'Average, then developed property (flex space) designated General Commercial (GC) and zoned C-4, General Commercial District. Developed property (auto repair and towing - Florida Collision Center) designated Industrial (1) and zoned M-l, Industrial District. Right-of-way for NE 3~ Street, then developed property (Palm Beach County Head 'tart daycare and the city's Public Works' facility) designated Public and Private ,vernmental/institutional (PPGI) and zoned PU, Public Usage. Page 2 File Number: LUAR 04~005 Florida Collision Center EXECUTIVE SUMMARY Staff recommends approval of the proposed land use amendment/rezoning. The proposed land use amendment/rezoning: · Is consistent with the Comprehensive Plan; · Is consistent with recommendations of the Heart of Boynton Community Redevelopment Plan; · Will bring the applicant's entire property under the same land use designation and zoning category; and · Will increase the supply of land with M-1 light industrial zoning suitable for small businesses. BACKGROUND The applicant, who is the owner of the auto repair and towing business Florida Collision Center located on a parcel adjacent to the subject property, is requesting the land use amendment and rezoning which, if granted, will bring the said property under the same land use designation (Industrial) and zoning (Industrial District) as the parcel developed with his existing auto repair business. The subject property, recently purchased by the applicant, consists of two parcels. One of the parcels was developed with a single family home, a non-conforming use under the current zoning, but the building has been demolished and both parcels are at present used for vehicle parldng and storage for the existing auto repair business. Exterior storage of motor vehicles, but not wrecked motor vehicles, is a permitted use under current C-4 zoning in connection with a lawful principal use, the auto repair. Wrecked vehicles make up a significant portion of vehicles stored on the subject property. Storage of such vehicles is a pem-dtted use in the proposed M-1 zoning district, provided that it is adequately screened. The applicant will be expected to improve the property by providing such adequate screening, particularly from the Head Start daycare center located to the west of the property, across from NE 3'a Street. PROJECT ANALYSIS The subject parcel totals +0.52 acre. Because of the size of thc property under consideration, the Florida Deparhnent of Community Affairs classifies this amendment 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 and regional plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. As per this requirement, the following criteria are applied in the analysis of the proposed rezoning: Page 3 File Number: LUAR 04-005 Florida Collision Center a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consistent with all applicable comprehensive plan policies. In particular, it is consistent with policies under Objective 1.9 of the Land Use Element: Objective 1.9 The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans including the Boynton Beach 20/20 Redevelopment Master Plan and the Coastal Management Element to guide development and redevelopment along the Boynton Beach Boulevard and Ocean Avenue corridors, within the commercial and residential Community Redevelopment Areas, and within the vicinity of U.S. I and Martin Luther King Boulevard. The property is located in the Arden Park neighborhood within the Heart of Boynton Community Redevelopment Area, and thus the subject of a recently adopted Heart of Boynton Community Redevelopment Plan. The proposed land use amendment and rezoning is consistent with the recommendations of the plan which supports industrial uses in the area bounded by N. Railroad Avenue on the east, NE 3,0 Street on the west, NE 3 Avenue on the south and NE 9 Avenue on the north. The proposed rezoning does not affect density, neither is the property located within the hurricane evacuation zone. b. Whether the proposed rezoning would be contrary to the established land use pattern, or wouM create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be consistent with the established industrial and commercial use patterns in the area and will not create an isolated district. A number of lots within the General Commercial District, where the property is located, and within the industrially zoned area along the N. Industrial Avenue, are developed with industrial and heavy commercial uses. The need for adequate screening, however, is particularly evident given the presence of the Head Start child care facility west of the subject property. c. Whether changed or changing conditions make the proposed rezoning desirable. The recent adoption of the Heart of Boynton Community Redevelopment Plan and its recommendations regarding properties located in the Arden Park neighborhood makes the proposed rezoning desirable. The recommendation is to reclassify all properties fronting NE 3~a Street on the east side from General Commercial District to M-1 Industrial District, thus expanding the existing industrially zoned area. The shrinking supply of lands with the industrial designation in recent years may create future location problems for industrial and marginal Page 4 File Number: LUAR 04-005 Florida Collision Center commercial uses, which are important to the economic fabric of the city by providing valuable services and employment opportunities. This applies to all land classified industrial. The shortage of industrial sites geared towards small business is one of the concerns. At present, there is not much vacant land with industrial zoning such as M-I. Moreover, the areas with C-4 zoning, which allows marginal commercial uses, are also scarce. These are located along US-1 and may ultimately be reclassified/rezoned to further the Federal Highway Corridor Community Redevelopment Plan. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning will not entail any changes with respect to demand for public facilities. e. g'hether 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. As stated above, the proposed use of the property will be compatible with the current and future use of adjacent and nearby properties. It will not affect the property values of adjacent or nearby properties. However, the appropriate screening of the properties fronting NE 9t~ Avenue on the south side will be important as the Heart of Boynton Community Redevelopment Plan recommends land use amendment and rezoning of parcels located on the north side of the NE 9~ Avenue, across from the subject property, from Local Retail Commercial land use and Neighborhood Commercial zoning to Multi Family Residential use and R-3 zoning. Further expansion of the industrial zoning district, beyond what is recommended by the Heart of Boynton Community Redevelopment Plan, will also be discouraged by the existence of the adjacent NE 3~ Street and NE 9t~ Avenue, which represent a permanent separation of the industrial from the surrounding non-industrial districts. f Whether the property is physically and economically developable under the existing zoning. The property is physically and economically developable under the existing zoning; however, the existing auto repair shop requires vehicle storage and parking as an auxiliary use which the property conveniently accommodates. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have negligible impact on the city as a whole, but, as argued in point (c), it will contribute to the supply of the industrial land suitable for small businesses. The request is consistent with recommendations of the Heart of Boynton Redevelopment Plan, which is largely based on the neighborhood needs assessment. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are alternative sites throughout the city for a single-family home use and development. However, as documented above, this proposed boundary adjustment is minor and compatible with adjacent land uses. Page 5 File Number: LUAR 044305 Florida Collision Center CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on infrastructure and will be compatible with adjacent land uses. It is consistent with the Heart of Boynton Redevelopment Plan. Therefore, staff recommends that the subject request be approved. If conditions of approval are recommended by the Planning and Development Board or required by the City Commission, they will be included as Exhibit "C". ATFACHMENTS G:kLU~d~t Collisiou Ce~e~St~' Kepo~ FI Collisiou Center.doc LOCATION MAP 902 NE 3rd STREET PPGI GC I leDR 0 25 50 100 150 20~e -- -- ,at IX. - CITY MANAGER'S~ REPORT CITY OF BOYNTON BEACH ITEM A AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested Cie' Commission Date Final Form Must be Turned Meeting Dates in to Ciw Clerk's Office Meeting Dates in to CiD' Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1,2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 CNoon) [] June 15, 2004 May 31,2004 (Noon) g:- __..~_< C._. '-<CD [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) Z ~ 'ri [] May 18,2004 May 3, 2004 (Noon) [] July20,2004 July 5, 2004 (Noon) DO [] Administrative [] Legal .c- -- NATURE OF [] Announcement [] New Business u:> big AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve the City Manager, or his designee(s), to negotiate a construction management at risk project with the City's environmental consultant, Rogina Inc., and its President, Robert L. Scarry, PhD. This project is to conduct the Old Mangrove High School Environmental Stabilization. The cost of this project is not to exceed $125,000.00. EXPL.~NATION: Seven companies showed initial interest in bidding on this project. Only one company submitted an actual proposal. The City had arranged for Dr. Scarry to serve as consultant on this project. Dr. Scarry assisted initially by establishing the specifications for the project. His role during the project was to monitor the activities of the winning bidder. He was asked to review the sole submission to determine if this company had experience and the capacity to perform on this project. Dr. Scarry reviewed the bid proposal and spoke with the bidder's representative. Dr. Scarry determined that the sole bidder lacked the expertise regarding removal of biological, microbial, and hazardous materials. The bidder is primarily expert at environmental spills. Their references are from projects related to water and soil, and does not include biological hazards. Dr. Scarry was advised that they "offer Environmental Site Assessments and Audits, which focus on the specific needs for land utilization." Dr. Scarry, therefore, recommended that the bidder's proposal not be accepted as the bidder is not qualified, based upon training and experience, to perform this project. PROGRAM IMPACT: It is anticipated that this project would be delayed by no more than 60 days from the original timeline completion date &July 1, 2004. FISCAL IMPACT: The cost of this project falls within the scope of previously authorized funding by the City Commission. ALTERNATIVES: To rebid this project with the understanding that further dela~ will ensue with no guarantee that additional qua~will submit proposals. RISK MANAGEMENT Department Name City Attorney / Finance / Human Resources RM/OId High School/Old High School Agenda01.dot S:'d3ULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC Page 1 of 2 Magazine, Chuck From: Magazine, Chuck Sent: Wednesday, May 19, 2004 11:19 AM To: Bressner, Kurt Cc: Hawkins, Wilfred; Hutchinson, Douglas; Atkins, Bill Subject: FW: Historic High School Remediation Bids Please see below message from Dr. Scarry. We had only one response to the RFP and it was not responsive. Dr. Scarry has review the proposal and spoken with them. He does not recommend them for the project due to lack of expertise in the required areas. I believe we have two options available to us: 1. Rebid'the project; or, 2. Negotiate with Dr. Scarry to perform a construction management at risk project along the same lines as we did with Pond B, where we utilized CDM (Camp Dresser & McCee) Engineers to manage the project. I am concerned that option 1 will result in few or no additional proposals. I therefore, recommend that we begin negotiations with Dr. Scarry to determine if this is a practical and timely alternative. Thank you. Chuck Magazine Risk Manager City of Boynton Beach, FL rnagazinec~ci, boynton-beach, fl. us (561) 742-6042 This e-mail transmission and any attachments is intended for the person(s) listed here on this electronic submission and no one else as it might contain confidential & privileged information. If you have received this e- mail in error, please call the telephone number referenced above and please destroy all copies immediately. Thank you for your cooperation. ..... Original Message ..... From: Robert Scarry [mailto:r_scarry@msn.com] Sent: Wednesday, May 19, 2004 1:09 AM To: Magazine, Chuck Cc: scarrybopossum@aoi.com Subject: Historic High School Remediation Bids Chuck Magazine, Risk Manager, I carefully read the proposal provided by Environmental Consulting Services, Inc., (ECSI). As this was the only bid for the remediation (cleanup) of the Historic High School at Boynton Beach its content was uncomparable. As you requested, I contacted the author of the bid, Mr. Byron Lobsinger, to clarify the apparent lack of expertice regarding removal of biological, microbial, hazardous materials. After several attemptsto call him, Mr. Lobsinger returned my calls and weakly attempted to quahfy his organization. I am most uncomfortable with the explanation that one of his staff is qualified as a Certified Hazardous Materials Handler. If the entire concern at the Old Historic High School was either asbestos, lead, mercury, or other soil and/or water contaminant those qualifications would be 5/19/2004 Page 2 of 2 appropriate. However, in reading the biographies and past projects of the various persons on staff at ECSI it appears they are primarily expert at environmental spills. They have references from projects related to water and soil; their Hazardous Materials Management Services (as they define them) do not include biological hazards, e.g., Cryptococcus neoformans. Rather, in their word, they "offer Environmnetal Site Assessments and Audits, which focus on the specific needs for land utilization." Based upon the information gained from reading their proposal, and from information obtained during a telephone conversation with Mr. Byron Lobsinger, I must recommend the City of Boyunton Beach to not contract with ECSI for the cleanup and stabilization of the Old Historic High School. Robert L. Scarry, Ph.D. Rogina, Inc. 5/19/2004 IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM B. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested CiD' Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 .April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorize City Attorney to draft an Ordinance regarding additional homestead exemption for persons sixty-five (65) years of age and older. The Ordinance should specify the amount of additional homestead the City Commission authorizes. EXPLANATION: Several Municipalities as well as Palm Beach County have authorized an additional homestead exemption for persons sixty-five years of age and older who meet the following requirements: 1. the person has legal or equitable title to real estate 2. the person maintains thereon the permanent residence of the owner 3. the person's household income does not exceed $20,000. 4. the taxpayer claiming the exemption submits annually to the Palm Beach County Property Appraiser, not later than May 1, a sworn statement of household income on a form prescribed by the Florida Department of Revenue 5. in accordance with rules of the Florida Department of Revenue, the filing of the statement is supported by copies of any federal income tax returns for the prior year, any wage and earnings statements (W-2 forms), and any other documents which the Florida Department &Revenue, finds necessary, for each member of the household, is submitted by June 1. The taxpayer's statement shall attest to the accuracy of such copies 6. Property Appraiser Approval. The Property Appraiser may not grant the exemption without the required documentation. The time line for having this exemption in place for the 2005 tax year is as follows: · Prior to Dec. 1, 2004 an Ordinance must be sent to the Property Appraiser's Office · Residents must apply for the exemption before March 1, 2005. · If resident is approved for the exemption it will be applied to their tax bill sent out in November 2005. FISC,~L IMPACT: Based on the number of Boynton Residence who applied for the exemption the County granted the City would lose an estimated $35,437 in ad valorem tax revenue. There were 191 Boynton Beach residents who applied for the additional exemption from the County. ALTERNATIVES: Not authorize ordinance giving the additional homesteader citizens 65 years of age or older. Department Head's Signature City Manager's Signature Finance Department Name City Attorney / Finance / Human Resources S:~.BULLET1N'~ORMS~,AGENDA ITEM REQUEST FORM.DOC Statutes & Constitution :View Statutes :->2003->Ch0196->Section 075: flsenate.gov Page 1 of 2 Select Year: The 2003 Florida Statutes ~_i t.!.e_..~.!_¥ Cb.~p~er_._.J~6 .~ie_.~_[ntire _.Ch.~pt.~r TAXATION AND FINANCE EXEMPTION 196.075 Additional homestead exemption for persons 65 and older.-- (1) As used in this section, the term: la) "Household" means a person or group of persons living together in a room or group of rooms as a housing unit, but the term does not include persons boarding in or renting a portion of the dwelling. lb) "Household income" means the adjusted gross income, as defined in s. 62 of the United States Internal Revenue Code, of all members of a household. (2) In accordance with s. 6(f), Art. VII of the State Constitution, the board of county commissioners of any county or the governing authority of any municipality may adopt an ordinance to allow an additional homestead exemption of up to $25,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65, and whose household income does not exceed $20,000. (3) Beginning January 1, 2001, the $20,000 income limitation shall be adjusted annually, on January 1, by the percentage change in the average cost-of-living index in the period January 1 through December 31 of the immediate prior year compared with the same period for the year prior to that. The index is the average of the monthly consumer-price-index figures for the stated 12-month period, relative to the United States as a whole, issued by the United States Department of Labor. (4) An ordinance granting additional homestead exemption as authorized by this section must meet the following requirements: la) It must be adopted under the procedures for adoption of a nonemergency ordinance specified in chapter 125 by a board of county commissioners, or chapter 166 by a municipal governing authority. lb) It must specify that the exemption applies only to taxes levied by the unit of government granting the exemption. Unless otherwise specified by the county or municipality, this exemption will apply to all tax levies of the county or municipality granting the exemption, including dependent special districts and municipal service taxing units. lc) It must specify the amount of the exemption, which may not exceed $25,000. If the county or municipality specifies a different exemption amount for dependent special districts or municipal service taxing units, the exemption amount must be uniform in at[ dependent special districts or municipal service taxing units within the county or municipality. (d) It must require that a taxpayer claiming the exemption annually submit to the property appraiser, not later than/~arch 1, a sworn statement of household income on a form prescribed by the Department of Revenue. (5) The department must require by rule that the filing of the statement be supported by copies of any federal income tax returns for the prior year, any wage and earnings statements (W-2 forms), any request for an extension of time to file returns, and any other documents it finds necessary, ittp://www, flsenate.gov/statutes/index.cfm?p=2&App_mode=Display Statute&Search String=&URL=... 11/21/2003 Sta~_utes & Constitution :View Statutes :->2003->Ch0196->Section 075: flsenate.gov Page 2 of 2 for each member of the household, to be submitted for inspection by the property appraiser. The taxpayer's sworn statement shall attest to the accuracy of the documents and grant permission to allow review of the documents if requested by the property appraiser. Submission of supporting documentation is not required for the renewal of an exemption under this section unless the property appraiser requests such documentation. Once the documents have been inspected by the property appraiser, they shall be returned to the taxpayer or otherwise destroyed. The property appraiser is authorized to generate random audits of the taxpayers' sworn statements to ensure the accuracy of the household income reported. If so selected for audit, a taxpayer shall execute Internal Revenue Service Form 8821 or 4506, which authorizes the Internal Revenue Service to release tax information to the property appraiser's office. All reviews conducted in accordance with this section shall be completed on or before June 1. The property appraiser may not grant or renew the exemption if the required documentation requested is not provided. (6) The board of county commissioners or municipal governing authority must deliver a copy of any ordinance adopted under this section to the property appraiser no later than December 1 of the year prior to the year the exemption will take effect. If the ordinance is repealed, the board of county commissioners or municipal governing authority shall notify the property appraiser no later than December 1 of the year prior to the year the exemption expires. (7) Those persons entitled to the homestead exemption in s. 19_6~Q3J_ may apply for and receive an additional homestead exemption as provided in this section. Receipt of the additional homestead exemption provided for in this section shall be subject to the provisions of ss. ! 9~,_1._3_1_ and 1~6.,_16!, if applicable. (8) If title is held jointly with right of survivorship, the person residing on the property and otherwise qualifying may receive the entire amount of the additional homestead exemption. (9) If the property appraiser determines that for any year within the immediately previous 10 years a person who was not entitled to the additional homestead exemption under this section was granted such an exemption, the property appraiser shall serve upon the owner a notice of intent to record in the public records of the county a notice of tax lien against any property owned by that person in the county, and that property must be identified in the notice of tax lien. Any property that is owned by the taxpayer and is situated in this state is subject to the taxes exempted by the improper homestead exemption, plus a penalty of 50 percent of the unpaid taxes for each year and interest at a rate of 15 percent per annum. However, if such an exemption is improperly granted as a result of a clerical mistake or omission by the property appraiser, the person who improperly received the exemption may not be assessed a penalty and interest. Before any such lien may be filed, the owner must be given 30 days within which to pay the taxes, penalties, and interest. Such a lien is subject to the procedures and provisions set forth in s. _1_9bL1_~!(3). History.--s. 1, ch. 99-341; s. 1, ch. 2002-52. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2003 State of Florida. .Pdv_acy_$~aLe__m_ent. attp://www.flsenate.gov/statutes/index.cfm?p=2&App_mode=Display Statute&Search String=&URL=... 11/21/2003 IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM C AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested Cit~' Commission Date Final Form Must be Turned Meeting Dates in to Ci~' Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Accept the report prepared by Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) regarding the condition assessment of the Boynton Beach Woman's Club. EXPLANATION: On May 7, 2002, the Commission approved staff recommendation to enter into negotiations with the Woman's Club towards developing a long-range lease agreement that will allow the City to manage and operate the building. Prior to ratifying the agreement, it was determined that it would be in the best interest of the City to conduct a condition assessment of the building. This included analysis of the physical condition of the building, the potential risk and problems associated with hazardous materials, and the requirements of maintaining and preserving the historical nature of the building. PROGRAM IMPACT: In general, the building was found to be in fair condition and appears to have been well maintained. Several cracks were observed in the exterior stucco, some evidence of termite damage to the roof structure (although the wood appeared to be dry and no longer under attack), and there were several broken tiles and isolated defects on the roof, but no leaks were found. As it relates to historic preservation, the report recommends restoring and related activities for the windows and loggia doors, and repairing/repainting wrought iron balcony balustrade. FISCAL IMPACT: The report did not identify any immediate repair costs. It is estimated that preventative and deferred maintenance will cost $110,843 over the next ten (10) years. ALTERNATIVES: 1) Proceed with lease agreement with the Woman's Club. 2) Renegotiate lease agreement. 3) Do not proceed with lease agreement. Recreation & Parks Department Name City Attorney / Finance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CONDITION ASSESSMENT HISTORIC PRESERVATION REPORT FOR THE BOYNTON WOMAN'S CLUB 1010 S. Federal Highway Boynton Beach, Florida 33435 Prepared for: City of Boynton Beach, Florida Prepared by PBS&J 2001 NW 107th Avenue Miami, Florida 33172 Ph. (305) 592-7275 Fax (305) 599-0448 m June 2, 2004 Condition Assessment And Historic Preservation Report For The Boynton Women's Club Table of Contents 1. Executive Summary 2. Condition Assessment Report 3. Report of Limited Survey for Asbestos, Lead-Based Paints, and Suspect Mold 4. Historic Preservation Condition Assessment Report a. Appendix A - Nation Register Nomination Form b. Appendix B - Secretary of the Interior's Standards for Rehabilitation EXECUTIVE SUMMARY The City of Boynton Beach, Florida is considering taking over the maintenance and operation of the Boynton Women's Club, a historic structure located at 1010 South Federal Highway in Boynton Beach. In order to fully understand the extent of these new obligations the City contracted with PBS&J to prepare a Condition Assessment and Historic Preservation Report of the property. PBS&J focused on three (3) areas of concern in their inspections; the physical condition of the building, the potential risks and problems associated with hazardous materials, and the requirements of maintaining and preserving the historical nature of the building. In addition to PBS&J staff, MACTEC Engineering and Consulting was included on the Team to prepare the assessment of the physical condition and the possible presence of hazardous materials. Historic Background Thc Boynton Woman's Club is a two-story Mediterranean Revival style building constructed in 1925-26. It was designed by thc famous architect Addison C. Mizner, who designed numerous Mediterranean Revival style structures in Palm Beach and Boca Raton in the 1920s. The building was listed in the National Register of Historic Places in 1979, the first in Boynton Beach. It is significant for its architectural merit and for its contribution to the cultural development of Boynton Beach (originally Boynton), as the community's social and civic center. The building has continuously been owned and operated by the Boynton Woman's Club and has been well maintained. General Physical Condition Overall, the property is in fair condition and appears to have been well maintained. The property has undergone several renovations over the years including the installation of a new roof, upgrading of the interior lighting, installation of a new }IVAC system, underpinning of the foundation system, installation of a hydraulic elevator and installation of a fire sprinkler system. More recently, most of the windows and doors have been re-glazed and wood members repaired or replaced. Several cracks were observed in the exterior stucco which may have been caused by differential settlement prior to the underpinning of the foundations. There was also some evidence of termite damage to the roof structure at the second floor auditorium and northeast staircase, but the wood appeared to be dry and no longer under attack. There were also several broken files and isolated defects on the roof, but no leaks have been reported. Based on our observations, it is recommended that a program of preventative maintenance and deferred maintenance be initiated to extend the service life of the various components. There were no immediate repair costs identified but over the next ten (10) years it is estimated that preventative and deferred maintenance will cost $110,843. Asbestos, Lead-based Paint and Suspect Mold Our investigation for hazardous materials found no asbestos containing materials in the building. However, four locations were identified that have Lead-Based Paint (LBP) with a lead content above the levels specified by the EPA and HUD. It should be assumed that other building components similar to those identified also have LBP. We recommend that interim controls be implemented for the period prior to removal of the lead-containing materials. Prior to renovation or remodeling of the property in the future, an EPA Certified LBP Contractor should properly remove the LBP or remove the building components with the paint intact. Our inspection for mold and mildew was limited to those areas that were visibly accessible. In the interior of the building there was an indication of water damage of the wood flooring along the bottom of the patio and balcony door thresholds. The President of the Women's Club indicated that this was the result of previous water intrusion prior to the door repairs completed in 1999. Mold was also observed on the exterior of the building on the north side and covered approximately 50% of the north elevation. It is recommended that the mold on the exterior be removed utilizing a high-pressure washer and an anti-microbial solution as part of routine maintenance. - Historic Preservation The Boynton Women's Club was listed on the National Register of Historic Places in 1979. The building has been owned and operated by the Boynton Women's Club continuously since it's construction in 1926 and has been well maintained. Several modifications have occurred over the years, but overall, the building has retained its traditional Mediterranean Revival style elements, including the asymmetrical massing, stuccoed structural clay tile walls, barrel clay tile roof, casement windows and French doors (many with arched or extended trefoil transoms), Wrought iron railings, and light fixtures. Road widening of Federal Highway (US 1) in the late 1950s/early 1960s resulted in the removal of the northwest comer stair tower and the northernmost bay of the west loggia, however, these changes were performed in a manner sympathetic to the original design of the building. A major rehabilitation of the building was performed in 1988-89, which included the installation of an HVAC system and a new hydraulic elevator, resulting in numerous interior modifications. At that time, new wood flooring was installed over the existing terrazzo flooring in the library and dining room/lounge, plus quarry tile was installed over the existing concrete floor in the south entrance loggia and first floor foyer. The roof was also replaced in the 1980s. A fire sprinkler system was reportedly installed about eight to nine years ago. Most of the windows and exterior doors have been repaired, re- glazed, and repainted within the past six months. As has been done in the past, all future rehabilitation and maintenance of the building should follow the Secretary_ of the Interior's Standards for Rehabilitation, which are included as Appendix B of this Report. Recommended maintenance work in the next few years include the following: [] Restore, re-glaze and repaint remaining wood casement windows and loggia doors. [] Repair and repaint wrought iron balcony balustrade REPORT OF PROPERTY CONDITION ASSESSMENT BOYNTON BEACH WOMEN'S CLUB 1010 S. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA PREPARED FOR: PBS&J 2007 NORTHWEST 107m AVENUE MIAMI, FLORIDA 33171 PREPARED BY: MACTEC ENGINEERING AND CONSULTING, INC. 5845 N.W. 158TM STREET MIAMI LAKES, FLORIDA 33014 MACTEC Project No. 6786-04-0400 June 1, 2004 MACTEC Boynton Beach Women's Club June 1, 2004 Report of Property Condition ~4ssessment MACTEC Engineering and Consulting, Inc. MdCTEC Project Number 6786-04-0400 TABLE OF CONTENTS 1 EXECUTIVE SUMMARY ................................................................................................................. 2 1.1 GENERAL DESCRIPTION .................................................................................................................... 2 1.2 GENERAL PHYSICAL CONDmON ....................................................................................................... 3 1.3 OPINION OF PROBABLE COSTS .......................................................................................................... 4 1.4 DEVLnT~ONS FROM THE GUIDE .......................................................................................................... 4 2 PURPOSE AND SCOPE ...... ~ ............................................................................................................. S 2.1 PtmPOSE ........................................................................................................................................... 5 2.2 SCOPE ............................................................................................................................................... 5 3 SYSTEM DESCRIPTION AND OBSERVATIONS ...................... , ................................................ 7 3.1 OV~R~L G~'ERAL D~¢P.n~O~ .................................................................................................... 7 3.2 SrrE ................................................................................................................................................... 8 3.2.1 Topography ....... : ....................................................................................................................... 8 3.2.2 Storm Water Drainage .............................................................................................................. 8 3.2.3 Access and Egress ..................................................................................................................... 8 3.2.4 Paving, Curbing, and Parkin~ ........... : ....................................................................................... 8 3.2.5 Concrete Flatwork .................................................................................................................... 9 3.2.6 Landscaping and Appurtenances .............................................................................................. 9 3.2.7 Recreational Facilities ............................................................................................................. I0 3.2.8 Utilities ................................................................................................................................... 10 3.3 STRUCTURAL FRAME A~D BUILDING ENVELOPE ............................................................................ 10 3.3.1 Foundation .............................................................................................................................. 10 3.3.2 Structural System .................................................................................................................... 11 3.3.3 Facades ................................................................................................................................... 11 3.3A Roofing ...................................................................................... : ............................................ 12 3.4 MECHANICAL, ELECTRICAL, AND PLUMBING .................................................................................. 13 3.4.1 Heating, Ventilation, and Air Conditioning ............................................................................ 13 3.4.2 Plumbing ................................................................................................................................. 14 3.4.3 Electrical ................................................................................................................................. 14 3.5 VERTICAL TRANSPORTATION .......................................................................................................... 15 3.6 LReE SAFETY/FraE PROTECTION ...................................................................................................... 16 3.7 INTERIORS ....................................................................................................................................... 16 3.8 ACC£SSmmrrY REVmW .................................................................................................................. 17 4 DOCUMENT REVIEW AND INTERVIEWS ................................................................................ 20 4.1 DOCUMENTS REVmWED ................................................................................................................. 20 4.2 I~rEavmws CO~rDOCTEO ............................................................................................................... 20 4.3 COW~ORM~CE WrrHTHEGU~DE ................................................................................................... 20 5 OPINIONS OF PROBABLE COSTS .............................................................................................. 21 6 QUALIFICATIONS .......................................................................................................................... 23 7 LIMITATIONS .................................................................................................................................. 24 APPENDIX A - PHOTOGRAPHS Boynton Beach Women's Club June 1, 2004 Report of Property Condition ~4ssessment MA CTE C Engineering and Consulting, Inc. MA CTE C Project Number 6786-04-0400 1 EXECUTIVE SUMMARY 1.1 GENERAL DESCRIPTION This executive summary report contains information concerning MACTEC's observations at the subject building and associated structures known as the Boynton Beach Women's Club (the "Project") located at 1010 South Federal Highway in Boynton Beach, Florida. The Project consists of one two-story building with an approximate footprint area of 7,000 square feet, situated on approximately one-half acre of land, and reportedly built circa 1925. The Property was originally designed by Addison Mizner in 1925 and is considered a historical structure. Access to the Property is available from Isles Road to the east or US-1 (Federal Highway) to the west. A commercial one story office building abuts the Property to the south and a multi-story residential property abuts it to the north. Based on building plans provided for review, the Property's structural system is comprised of custom-made wood roof trusses and wood floor joists supported by metal columns with reinforced concrete decks at the east and west promenades at the second floor. The building plans also include a foundation system comprised of a combination of reinforced concrete continuous wall footings and interior spread colunm footings, some of which are poured integrally with the concrete slab-on-grade. The exterior building envelope consists of cementitious plaster stucco on lath and wood framed double-pane glass doors and windows. The roof system is most likely a multi-laYer asphalt-impregnated felt system over plywood sheathing, covered with barrel tiles. The Property has a multi-zone heating, ventilating and ak-conditioning system (HVAC) including six exterior heat pump units and six ceiling-mounted air handling units (AHU). First floor finishes include wood floors over terrazzo in the library and dining room areas, resilient flooring in the kitchen, and wooden-tread stairs at the building entrance leading to the second floor auditorium. The second floor has a wood floor covering, with an elevated wood stage for recreational functions. The second floor space has an exposed wood ceiling, supported by wood trusses that are covered with a decorative wood veneer. There are two balconies on the second floor with reinforced concrete slabs and and iron hand railings. The Property is equipped with a wet sprinklered fire protection system and a security alarm system. The Property also has approximately 900 square yards of paved parking space, and has landscaping comprised of palm and deciduous trees, mature shrubs and seasonal flowers. Boynton Beach V~ornen's Club June 1, 2004 Report of Property Condilion ~4ssessment MACTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 1.2 GENERAL PHYSICAL CONDITION Overall, the Property is in fair condition. Based on the information fi.om our interviews and our observations during our walk-through survey, it appears that it has been well maintained; however, due to its age and the length of the evaluation period considered for this report, several building systems will need to be addressed during the evaluation period to maintain their operational status. It is our understanding that the Property has undergone several renovations. From the information obtained, we understand that the latest major renovation occurred in 1988. The aforementioned renovation's scope of work reportedly included the installation of a new roof, upgrading of the interior lighting system, installation of a new HVAC system, underpinning of the foundation system, and installation ora hydraulic elevator. The fu'e sprinkler system was reportedly installed approximately eight to nine years ago and has since undergone periodic inspections on a yearly basis. We interviewed Mr. Larry Frederickson of Metro Fire Sprinkler Systems, the company that services the fu'e sprinkler system, and he informed us that no major sprinkler issues have been found during the yearly inspections. Over the past five months, the Property's windows and doors have reportedly been re-glazed and wood members have been repaired/replaced as needed in order to restore them. Additionally, the asphaltic concrete pavements were reportedly sealcoated, underground plumbing repairs were performed and, during our site visit, we observed the initial stages of the construction of an aluminum fence around the parking areas. The structural flame and building envelope did not evidence significant distress at the time of our visit with the exception of several cracks on the stucco observed throughout the exterior. These cracks may have been caused by differential settlement of the structure prior to the underpinning of the foundation system in 1988. Evidence of damage fi-om wood destroying organisms (WDO) was observed on the roof structural members of the second floor auditorium and northeast staircase, but the wood appeared to be dry and no longer under attack by WDO. We recommend that a more thorough WDO evaluation be performed at the Property. The roof system was observed by performing a limited walk-ovor of the south section of the roof. Several broken tiles and isolated roof defects (i.e., improper cricket drainage, cracked membrane) were observed. At the time this summary was written, no active leaks were reported; however, 2 Boynton Beach Women's Club June 1, 2004 Report of Property Condition ~4ssessment M~4CTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 the roof will need to undergo preventative and deferred maintenance repairs within the evaluation period in order to extend its service life beyond the evaluation period considered for this report. The HVAC units appeared to be in good condition at the time of our visit; however, systematic replacement of these units should commence within the evaluation period. 1.3 OPINION OF PROBABLE COSTS Our opinion of probable costs to remedy physical deficiencies, which is presented in Table 1 of this executive summary report, is condensed as follows: C. Estimated Required Repairs : ii ::i i TOTAL RESERVES i ~ i :: :i:: ~ .RESERVES/YR ~i ~ Immediate Cost: $0 Uninflated: $7,571 Over 10 Year Term: Inflated ~ 3%: $110, 843 $11,084 (Inflated ~ 3% per yr) Per year Some of the items that will require substantial work within the 10-year evaluation period considered for this report include the following: · Sealcoat and re-stripe the asphaltic concrete paved areas in Years 3 and 7; · Overlay the asphalt pavements in Year 10; · Seal and rout stucco cracks in Year 1; · Pressure wash, prepare and repaint the exterior stucco in Years 1 & 7; · Repair the barrel tile roof;1 · Replace I-IVAC units starting in Year 5 and ending in year 10 · Perform necessary upgrades to comply with the Americans with Disabilities Act and/or the Florida Accessibility Code for Building Construction in Year 1. 1.4 DEVIATIONS FROM THE GUIDE The Property Condition Assessment (PCA) was performed in general accordance with the American Society for Testing and Materials (ASTM) Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process (E 2018-01). Limiting conditions of the PCA will be discussed in Section 6 of the Property Condition Report. 1 If preventative roof repairs are not implemented, the roof may need to be replaced within the evaluation period considered for this report. 3 Boynton Beach Women's Club June 1, 2004 Report of Property Condition Assessment M~4CTEC Engineering and Consulting, Inc. M~4CTEC Project Number 6786-04-0400 2 PURPOSE AND SCOPE 2.1 PURPOSE This Property Condition Assessment was performed to observe, to the extent feasible and readily accessible, the Property and its improvements, and to provide opinions of probable costs for suggested remedies of the physical deficiencies identified. MACTEC understands that the work was performed to assist PBS&J with regard to a potential real estate transaction. 2.2 SCOPE The scope of work for our assessment was in accordance MACTEC proposal number PROPO4MIAM Task 31 Proposal for Property Condition .4ssesment, Limited Asbestos, Lead Paint, and Suspect Mold Survey, and Phase I Environmental Site Assessment dated January 6, 2004, which was accepted by you on behalf of PBS&J. Our services included review of available and supplied documents relating to the Property, interviews of individuals knowledgeable of the Property, a visual survey of the Property, and preparation of this PCR. The items assessed are presented in Section 3 of this PCR. We have assumed that the information gained from our interviews or provided documents was accurate unless our on-site observations revealed conflicting information. Our recommendations of necessary work are intended to correct current observed or reported deficiencies and to maintain the Property in 'a normal operating condition for the type and age property in the geographic area where it is located. In general, we have not budgeted to upgrade the Property or the building systems. Work that we consider as normal maintenance for a facility of this type such as work normally performed by the onsite maintenance staff has not been considered in our evaluation. The recommendations and opinions of cost provided in this report are also based on the understanding that the subject site will continue to operate under similar use and occupancy as at present. This report presents a summary of the building and site systems observed, our opinion of their general condition, our recommendations, and opinions of immediate and scheduled costs. Recommended work items are identified as immediate and scheduled costs. Immediate costs include items considered building or fire code violations, items considered life safety concerns, and deferred maintenance items and repairs that, in our opinion, would cause significant additional deterioration if they were not completed. All other items are considered scheduled costs over the 10-year evaluation period. We have generally not included repair costs for items expected to cost less than $5,000, which are considered maintenance items. 4 Boynton Beach Women's Club June I, 2004 Report of Property Condition Assessment MACTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 Building and site system components are typically described as good, fair, and poor. For the purposes of this report, the definitions of these terms are as follows: Good: Satisfactory as is, above average to average for this type and age of building system Fair: Satisfactory as is, in general; however, some conditions may demand prompt attention Poor: Requires prompt repair, replacement, or significant maintenance. 5 Boynton Beach Women's Club June 1, 2004 Report of Property Condition ~4ssessment M~t CTEC Engineering and Consulting, Inc. M,4 CTEC Project Number 6786-04-0400 3 SYSTEM DESCRIPTION AND OBSERVATIONS Photographs in Appendix A document the general condition and specific problems observed at the Property. Our site observations were made on May 11, 2004. 3.1 OVERALL GENERAL DESCRIPTION The Project consists of one two-story building with an approximate footprint area of 7,000 square feet, situated on approximately one-half acre of land, and reportedly built circa 1925. The Property was originally designed by Addison Mimer in 1925 and is considered a historical structure. Access to the Property is available from Isles Road to the east or US-1 (Federal Highway) to the west. A commercial one-story office building abuts the Property to the south and a multi-story residential property abuts it to the north. Based on building plans provided for review, the Property's structural system is comprised of custom made wood roof trusses and wood floor joists supported by metal columns with reinforced concrete decks at the east and west promenades at the second floor. The building plans also include a foundation system comprised of a combination of reinforced concrete continuous wall footings and interior spread column footings, some of which are poured integrally with the concrete slab-on-grade. The exterior building envelope consists of cementitious plaster stucco on lath and wood framed double-pane glass doors and windows. The roof system underlayment is most likely a multi-layer asphalt-impregnated felt system over plywood sheathing. It was observed to be covered with barrel tiles. The Property has a multi-zone heating, ventilating and air-conditioning system (I-IVAC) including six exterior heat pump units and six ceiling-mounted ak handling units (AHU). First floor finishes include wood floors over terrazzo in the library and dining room areas, resilient flooring in the kitchen, and wooden-tread stairs at the building entrance leading to the second floor auditorium. The second floor has a wood floor covering, with an elevated wood stage for recreational functions. The second floor space has an exposed wood ceiling, supported by wood trusses that are covered with a decorative wood veneer. There are two balconies on the second floor that have reinforced concrete slabs and iron hand railings. The Property is equipped with a wet sprinklered fire protection system and a security alarm system. Boynton Beach Women's Club June 1, 2004 Report of Property Condition ~4ssessment MA CTEC Engineering and Consulting, Inc. MA CTEC Project Number 6786-04-0400 3.2 SITE 3.2.1 Topography The topography of the site is generally flat. The Property is bounded by Isles Road to the east and US-1 (Federal Highway) to the west~ A commercial one story office building abuts the Property to the south and a multi-story residential property abuts it to the north. 3.2.2 Storm Water Drainage Site drainage is accomplished by sheet flow to concrete curb inlets along US-1 to the west leading to the municipal storm water collection system. Roof drainage is provided through external drains that are connected to the aforementioned storm water drainage system and storm drains in the yard area to the west of the building. Evidence of ponding was observed in some areas in the parking lot to the north of the structure. 3.2.3 Access and Egress A 5-foot aluminum fence is provided along the Property's perimeter areas, The fence was observed and reported to be in good condition. Principal vehicular access and egress to the Property is provided from US-1. Secondary access and egress is provided from Isles Road. Access consists of an asphalt paved vehicular entrance which leads to the parking are& Pedestrian access to the building is fi'om grade level through the main doors to the entry foyer. Refer to Section 3.8 Accessibility Review for information regarding access to the building by disabled individuals. 3.2.4 Paving, Curbing, and Parking Paving: The main parking area of the Property is constructed of asphaltic concrete. Details of the asphaltic concrete topping, underlying base and sub base components of the pavements were not provided for our review. The paved sections were observed to be in fair condition at the time of our visit. Evidence of ponding was observed in the parking lot area adjacent to Isles Road at the southeast comer. Some cracks and small potholes were observed throughout the parking lot. Aging was considered to be typical for these systems for their respective age and geographic area. Curbing: The Property has no concrete curbs, a condition which was observed to be typical of the area. Parking: The Property has 20 parking spaces with concrete wheel stops contained within 900 square yards of paved parking space. Parking was reported by 7 Boynton Beach Women's Club June 1, 2004 Report of Property Condition Assessment M,4CTEC Engineering and Consulting, Inc. M~CTEC Project Number 6786-04-0400 personnel to be adequate for the current occupancy level. The paved parking area does not have any marked handicap parking spaces. Two handicap parking spaces are provided adjacent to the Property on US-1. The asphaltic concrete parking area will require preventative maintenance work throughout the evaluation period. In addition, an overlay of the asphalt paved areas will prObably be required before the end of the evaluation period considered for this report. MACTEC recommends that the asphalt concrete pavements be seaicoated every four years (Years 3 and 7) to prevent deterioration and maintain the aesthetic look of the systems. In addition, MACTEC recommends budgeting to overlay the asphalt pavements within the evaluation period (Year 10). 3.2.5 Concrete Flatwork Flatwork consists of broom-£mished concrete sidewalks along the east and south sides of the building. The flatwork was observed to be in good condition. 3.2.6 Landscaping and Appurtenances Landscaping: Landscaping is comprised of palm and deciduous trees, mature shrubs, seasonal flowers and sod-covered areas. An outside landscaping contractor reportedly maintains the landscaped areas of the Property. No problems relating to the landscaped areas were observed during our site visit. Overall, based on our observations, the landscaping is considered to be ia fair condition and properly maintaine& Irrigation: A multi-zoned automatic ffrigation system reportedly serves the landscaped areas at the Project. Based on our observations and interviews of maintenance personnel, the irrigation system is considered to be in good condition. Retaining walls: No retaining walls were observed, or reported to exist, onsite. Lighting: Municipal pole-mounted lights provide primary outdoor illumination for the Property. The exterior lighting was not observed at night; however lighting was reported to be adequate. Boynton Beach Women's Club June 1, 2004 Report of Property Condition Assessment MACTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 Waste Receptacles: Waste receptacles consist of eight small sized portable waste receptacles located at ground level in a corridor along the north section of the building. The receptacles are kept within an enclosed area just outside the rear access door of the kitchen. Each receptacle is equipped with a set of wheels to facilitate transportation and collection. The waste collection area enclosure and components are in good condition. 3.2.7 Recreational Facilities MACTEC E&C observed no recreational facilities at the Property. 3.2.8 Utilities Water: The City of Boynton Beach supplies water to the Project. Water service is reportedly adequate and pressure was appropriate where tested (men's restroom in the foyer). Electricity: Florida Power and Light Company provides electric service to the Project via the public electric grid via an aerial transformer located on the northeast corner of the Property. Electric service is reportedly adequate. Natural Gas: Coast Gas provides natural gas services to the Property by means of two natural gas tanks located on the north side corridor of the Property adjacent to the kitchen. Gas is provided to the kitchen appliances via copper pipes. Natural gas service is reportedly adequate. Sanitary Sewer: The Property is connected to the City of Boynton Beach sanitary sewer collection system along Isles Road to the east of the Property. Special Utility Systems: No special utility systems were reported or observed at the Property. 3.3 STRUCTURAL FRAME AND BUILDING ENVELOPE 33.1 Foundation The building includes a foundation system comprised of a combination of reinforced concrete continuous wall footings and interior spread column footings, some of which are poured integrally with the concrete slab-on-grade. During our visit, we observed several cracks on the stucco throughout the exterior which may have resulted from differential settlement of the structure prior to the underpinning of the foundation system in 1988. The foundation of the 9 Boynton Beach Women's Club June 1, 2004 Report of Property Condition,4ssessment M2t CTEC Engineering and Consulting, Inc. M~ CTEC Project Number 6786-04-0400 building was not visible during our assessment; however we did not observe obvious evidence of foundation-related deficiencies. 3.3.2 Structural System Based on building plans provided for review (see Section 4.1 Documents Reviewed for a list of documents reviewed), the Property's structural system is comprised of custom made wood roof trusses and wood floor joists supported by metal columns with reinforced concrete decks at the east and west promenades at the second floor. The structural frame and building envelope did not evidence significant distress at the time of our visit with the exception of several cracks on the stucco observed throughout the exterior. Evidence of damage from Wood Destroying Organisms (WDO) was observed on the roof structural members of the second floor auditorium and northeast staircase, but the wood appeared to be dry and no longer under attack by WDO. We recommend that a more thorough WDO evaluation be performed at the Property. 333 Facades Sidewall System: The exterior building envelope consists of cementitious plaster stucco on lath with stone accents at the entrance and some windows. Stuceoed masonry columns and/or walls are provided near the main entrance and at several other locations. Cracks were observed throughout all exterior plaster surfaces. Water stains were also observed in several areas throughout the exterior. We consider the exterior stucco surfaces to be in fair condition. MACTEC recommends pressure washing, cleaning and re-painting the exterior surfaces within the evaluation period (Years 1 & 7). We also recommend sealing and routing cracks in the stucco during the first year of the evaluation period. Fenestration System: The exterior building envelope consists of cementitious plaster stucco on lath and wood framed double-pane glass doors and windows. Exterior windows consist of single-glazed, double pane glass doors and windows encased in wood frames flames. Reportedly all exterior windows were re-glazed and sealed earlier in 2004. All exterior doors were reportedly replaced at the same time. Where tested, the exterior sealants were intact and somewhat pliable at the time of our visit. First floor windows have exterior iron bars which were observed to be in good condition. 10 Boynton Beach Women's Club June 1, 2004 Report of Property Condition Assessment MA CI~C Engineering and Consulting, Inc. Md CTEC Project Number 6786-04-0400 ~ Fenestration was observed and reported to be in good condition at the I' time of our visit. Parapets: No parapets were observed at the Project. 3.3.4 Roof'mg Railings: The building has open-air balconies on the second floor which have iron bar hand rails with a wood track at top mil. At limited locations where tested, the railings were securely attached to the walls and in good condition. Roof System: The roof system was observed by performing a limited walk-over of the south section of the roof. The roof system underlayment is most likely a multi-layer asphalt-impregnated felt system over plywood sheathing. It was observed to be covered with barrel tiles. Several broken tiles and isolated roof defects (i.e., improper cricket drainage, cracked membrane) were observed. At the time this report was written, no active leaks were reported; however, the roof will need. to undergo preventative and deferred maintenance repairs within the evaluation period in order to extend its service life beyond the evaluation period considered for th~s report. If preventative roof repairs are not implemented, the roof may need to be replaced within the evaluation period considered for this report Parapet Wall: The buildings contain sloped roofs and therefore do not have parapet walls. Drainage: Drainage from the pitched roofs is by gravity to gutters and downspouts 'located at certain eaves, which discharge at grade to landscaped or paved areas. The gutters and downspouts were observed to be properly attached and no roof drainage problems were reported during our interviews. Rooftop Equipment: No roof-mounted equipment was observed at the Project. Roof Access: The roof can only be accessed via an external ladder from one of the second floor balconies. 11 Boynton Beach Ir?omen's Club June 1, 2004 Report of Property Condition Assessment MACTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 Roof Warranty: No information was available regarding the terms and conditions any roof warranty. MACTEC recommends that the potential buyer evaluate the terms of any roof warranty, if present, in case action is required for adequate transfer of coverage after the sale. Other Penetrations: No penetrations were observed during the time of our visit.. The roof systems at the Project were observed to be in fair condition. 3.4 MECHANICAL, ELECTRICAL, AND PLUMBING 3.4.1 Heating, Ventilation, and Air Conditioning The Property has a multi-zone heating, ventilating and air-conditioning system (I-IVAC) including six exterior heat pump units manufactured by Lennox and six ceiling-mounted air handling units (Am0. Ventilating and air conditioning for the building is provided by electrical split systems with exterior, concrete pad mounted, heat pump units at grade and interior air handler units (AHU). The heat pump units observed range in size between 2.5 and 10 tons in capacity. Conditioned air is distributed to the several room in the building through flexible ductwork and metal grilles. The heat pumps and interior air handier units observed were in good condition. According to the information obtained at the time of our visit, most of the heat pump units and AHU's were installed in 1988 as part of a renovation project conducted at that time. One 2.5 ton ullit S~.~'vicing the 1st floor foyer area was replaced circa 2002. The typical life expectancy of the heat pump units and 'ak handler units are approximately 14 years and approximately 20 years respectively depending on maintenance. A systematic replacement program of such components has been included in our CRRA. 12 Boynton Beach gl/omen's Club June 1, 2004 Report of Property Condition Assessment M~CTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 3.4.2 Plumbing System: The City of Boynton Beach provides domestic cold water and sanitary collection services for the Property. Supply Piping: Water supply piping within the building was reported, and observed at limited areas, to be made of copper. Reportedly, the supply piping was replaced in 1988 during a renovation project conducted at that time. No problems pertaining to the domestic water system supply lines were observed or reported. Waste Piping: Wastewater piping within the building was not observed during our visit. Considering the age and use of the structure, we believe that waste water piping is most likely made of to be polyvinyl chloride (PVC) for the newer sections renovated in 1988 and cast iron pipes for the original construction. No problems with the waste collection piping system were reported or observed at the time of our visit. Fixtures: The plumbing fixtures observed were typical commercial grade. All sanitat~ and plumbing fixtures were reportedly replaced during the 1988 renovation project. No obvious or significant plumbing deficiencies were reported or observed at the time of our visit. 3.4.3 Electrical Service/Distribution: Florida Power and Light Company supplies primary electrical service to the building. Service is provided by a 120/240 volt 3-phase delta connection pole mounted transformer with a 500 amp capacity located on the northeast comer of the Property. The transformer provides three- phase, four-wire electrical service to a wire gutter, which in turn feeds three main disconnect breaker panels. Two of the main disconnect panels are located outside of the building on the northeast comer. One is a 3-phase panel with an 80 amp capacity feeding the elevator equipment. The second is a 3-phase panel with an electrical load capacity of 250 amps servicing the air-conditioning system. The third 13 Boynton Beach Women's Club June 1, 2004 Report of Property Condition Assessment MACTEC Engineering and Consulting, [nc. MACTEC Project Number 6786-04-0400 panel is the main breaker panel located inside of the building which services all remaining electrical systems. Emergency Power: Reportedly, no emergency power is provided at the Property. Lighting: Lighting within the building is provided by diverse ceiling-mounted light fixtures. The light fixtures primarily consist of recessed canister fixtures with incandescent bulbs in the first floor dining area, fluorescent lighting units in the kitchen, and suspended light fixtures with incandescent bulbs in the second floor ballroom area. The bathrooms are provided with diverse incandescent light f~xtures. Lighting is considered to be in good condition based on our observations at thc time of our visit. 3.5 VERTICAL TRANSPORTATION System: The building is served by a single hydraulic passenger elevator manufactured by Miami Elevator with a capacity of 2,500 pounds. Equipment Room: The equipment for the hydraulic elevator is located in a concrete-encased pit that is set below the finished floor surface of the building. The elevator pit, could not be accessed at the time of our visit. Cab Interiors: The elevator cab interior consists of polished metallic finish wall panels. Cab lighting appears to be adequate. Elevator doors are equipped with infxared detectors, which are devices that result in cab doors automatically opening upon sensing motion. Condition: Current elevator inspection certificates were observed in the elevator cab. The inspection certificates expire August 1, 2004. The elevator operated in an adequate manner during the time of our visit. The interior metallic finish panels show signs of considerable wear and are consider to be in fair condition. 14 Boynton Beach Women's Club June 1, 2004 Report of Property Condition Assessment M.4CTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 3.6 LIFE SAFETY/FIRE PROTECTION Fire Protection System: The bnilding's fire protection system is a wet sprinklered system equipped with fire protection wet standpipes. The fire sprinkler system was reportedly installed approximately eight to nine years ago and has since undergone periodic inspections on a yearly basis. We interviewed Mr. Larry Frederickson of Metro Fire Sprinkler Systems, the company that services the fire sprinkler system, and he informed us that no major sprinkler issues have been found during the yearly inspections. Pull stations, fire extinguishers and emergency visual/audible signals were observed in the foyer areas. The fire protection system was reported to be constructed of metal pipes. Reportedly, the supply and fire protection piping was replaced in 1988 during a renovation project conducted at that time. Alarm Panel: The building is provided with a fire alarm panel, which monitors the smoke detectors, pull stations, exit lighting, emergency lighting, springier system flow and tamper switches as well as the audible alarms. The fire protection, life safety systems and security systems are considered to be in good condition. According to inspection tags, a fire suppression system inspection was last performed by Life Safety Management, Inc. in March of 2004. 3.7 INTERIORS First floor finishes include wood floors over terrazzo in the library and dining room areas, resilient flooring in the kitchen, and double wooden-tread stairs at the building entrance leading to the second floor auditorium. The second floor has a wood floor covering, with an elevated wood stage for recreational functions. The second floor space has an exposed wood ceiling, supported by wood trusses that are covered with a decorative wood veneer. The kitchen area has a Suspended ceiling with fluorescent lighting fixtures. Other finishes include interior plaster arches. Considering the age of the building and some of its interior finish components, we consider that the interior finishes throughout the building are in good condition. 15 Boynton Beach Women's Club June 1, 2004 Report of Property Condition Assessment M~I CTEC Engineering and Consulting, Inc. M~ CTEC Project Number 6786-04-0400 3.8 ACCESSmlLITY REVIEW The Property was generally checked for accessibility related to Title IlI provisions of the Americans with Disabilities Act (ADA) and the Florida Accessibility Code for Building (FACB) by using a "Tier II Abbreviated Accessibility Survey" (AAS) checklist as provided in ASTM E 2018-01. General site and building accessibility and common restrooms and corridors were observed, based on established guidelines, with focus on accommodations in areas of general use and probable public access. The ADA regulations are intended to prevent discrimination against disabled people in places of public accommodation. Patrons must be accommodated with regard to physical accessibility and auxiliary aids as appropriate. The regulations require that the facility owner be responsible for accessibility, though lease agreements may place some responsibility on the tenant. The primary purpose of the ADA accessibility survey is to assess the common area compliance of the office building with the requirements of Title III of the Americans with Disabilities Act. The survey was a limited-scope accessibility survey of the "common/public areas" based on our visual observations and discussions with property management and maintenance personnel. The facility was originally constructed in 1925 and after our inspection of the Property's interiors and exterior access systems, we found it is not in full compliance with title m of the Americans With Disabilities Act. The following is a brief account of some ADA considerations noted: Building History: Reportedly no ADA survey has been completed for the Property. Parking: No handicap parking spaces are provided in the main parking lot at the south of the Property. Two handicap parking spaces are provided outside of the Property along US-1. Ramps: One concrete paved ramp provides access to the main entrance of thc building. The ramp was observed to be in good condition and considered to be adequate. A temporary non-attached wood ramp was observed at the main entrance doorway to the building. This ramp is not in compliance with ADA and needs to be replaced with a permanent ramp in accordance with ADA requirements. 16 Boynton Beach Women's Club June 1, 2004 Report of Property Condition ,4ssessment M~4CTEC Engineering and Consulting Inc. M~CTEC Project Number 6786-04-0400 Entrances/Exits The main entry door is wide enough to be considered accessible, although it requires the use of hardware since no automatic system is in place. MACTEC recommends upgrading the entry door operating system as a maintenance item. Path of Travel: The paths of travel within the building common areas are generally free of obstructions and wide enough for a wheelchair (60-inches). In addition, the floor coverings at the Project were observed to be firm, stable and slip-resistant. The presence of vertical ~ansportation means that handicapped individuals will not require the use of stairs unless electrical power is unavailable at the facility. Elevators: The elevator has audible signals indicating floor changes and Braille markings are provided at the jambs on each floor and at the control buttons. Restrooms: The restroom configuration is not accessible due to the following: 1) toilet room access doors are not wide enough to allow passage of a wheelchair, 2) door handles are knob type, 3) stall doors are not wide enough to accommodate a wheelchair, 4) no audible fire alarm devices are provided at the restrooms, 5) no grab bars are provided at the toilets, 6) sinks are not provided with enough space for a wheelchair to roll trader, 7) sink handles are not operable with one hand without pinching, grabbing or twisting and 8) no insulation is provided for sink piping. MACTEC recommends reconfiguring at least two restrooms throughout the building. Recordiguring additional restrooms to full ADA compliance and including signage at the rcstroom exteriors may be considered as future capital expenditures. 17 Boynton Beach Women's Club June 1, 2004 Report of Property Condition Assessment MACTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 Guest Rooms: No guest rooms are provided at the Property. Condition: The building is considered to be in fair condition with regard to compliance with ADA accessibility standards and some accessibility issues need to be addressed. MACTEC recommends performing necessary upgrades to comply with the Americans with Disabilities Act and/or the Florida Accessibffity Code for Building Construction in Year 1 of the evaluation period. 18 Boynton Beach Women's Club June 1, 2004 Report of Property Condition .4ssessment M,4CTE C Engineering and Consulting, Inc. MA CTEC Project Number 6786-04-0400 4 DOCUMENT REVIEW AND INTERVIEWS This section summarizes the documents reviewed and interviews conducted in connection with the Property. 4.1 DOCUMENTS REVIEWED MACTEC E&C was provided with the following documents for informational purposes: · Project Drawings prepared by Addison Mimer, Architect dated April 24} 1925. · Restoration drawings prepared by Roy M. Simon, Architect dated September 16, 1988. 4.2 INTERVIEWS CONDUCTED MACTEC E&C conducted brief interviews with the following individuals: Individual i: :: ::: ~ Title::i :.::~ ~: ~: i: company/Organizatioh': :ii Lillian Ostgay Women's Club Adminislxator Boynton Beach Women's Club' Larry Frederickson Inspector Metro Fire Sprinkler Systems Wally Majors* Project Manal~er City of Boynton Beach Parks *Mr. Majors Assisted in contacting the City of Boynton Beach Building Department Code Enforcement and Fire Marshall to determine if the Property had any serious previous building and/or fire code violations. Based on the information provided by the aforementioned individuals, there are no pending fire, building code violations or citations on record for the Project. 4.3 CONFORMANCE WIIH THE GUIDE This PCR has been performed in general accordance with the American Society for Testing and Materials (ASTM) Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process (E 2018-01); however, the Property's accessibility was evaluated by incorporating the Fair Housing Act Guidelines (FHAG) and the Florida Accessibility Code for Building Construction (FACBC) which are not included in the aforementioned ASTM standard. 19 Boynton Beach Women's Club June 1, 2004 Report of Property Condition Assessment M~CTEC Engineering and Consulting, Inc. M,4CTEC Project Number 6786-04~0400 5 OPINIONS OF PROBABLE COSTS The table on the following page summarizes our opinions of probable costs to remedy physical deficiencies observed. 2O Boynton Beach Women's Club June 1, 2004 Report of Property Condition Assessment MACTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 6 QUALIFICATIONS The following MACTEC E&C individuals performed this PCA: Field Observers: Pablo Gonzalez Javier E. Jimenez Report Authors: Pablo Gonzalez Javier E. Jimenez Martin Sahn These individuals have a rounded knowledge of pertinent building systems and components, and are experienced in conducting property condition assessments. As is typical for a baseline property condition assessment, building system mechanics or specialized service personnel were not utilized during our assessment. 22 Boynton Beach Women's Club June 1, 2004 Report of Property Condition Assessment M.4 CTEC Engineering and Consulting, Inc. 3/M CTEC Project Number 6786-04-0400 7 LIMITATIONS This property condition Assessment (PCA) was performed in general accordance with MACTEC Proposal Number PROP04MIAM Task 31 dated January 6, 2004 and ASTM Standard E 2018-99. As such, the limitations of our PCA are consistent with the general limitations of the ASTM Standard. 23 Boynton Beach Women's Club June 1, 2004 Report of Properly Condition Assessment MACTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 Appendix A Photographs Boynton Beach I'¥omen's Club June I, 2004 Report of ProperS.' Condition .4ssessment M. qCTEC Engineering and Consulting, Inc, M.4 CTEC Project Number 6786-04-0400 Photograph Ii Pothole in parking lot Photograph 2. Water Accumulation in parking lot A-2 Boynton Beach Women's Club dune I. 2004 Report of ProperO: Condition .qxsessment M,4CTEC Engineering and Consulting, lnc'. M, qCTEC Project Number 6786-04-0400 Photograph 3. East elevation of property Photograph 4. South elevation of property A-3 Bo),nton Beach Women's Club dune !. 2004 Report of ProperO, Condition Assessment MA CTEC Engineering and Consulting, Inc. M.4 CTEC Project Number 6786-04-0400 Photograph 5. Sanitary manhole along Isle road Photograph 6. Pole-mounted transformer on SE of property A-4 Boynton Beach Women's Chtb June 1, 2004 Report of ProperO; Condition Assessment MACTEC Engineering and Consulting, lnc. MACTEC Project Number 6786-04-0400 Photograph 7. Corridor on north of property Photograph 8~ Propane gas tanks A-5 Boynton Beach Women's Club June I, 2004 Report of Property Condition Assessment M~ CTEC Engineering and Consulting, Inc. M.4 CTEC Project Number 6786-04-0400 Photograph 9. Heat pump units on NW corner of property Photograph 10. Typical window and downspout A-6 Boynton Beach Women's Club dune 1~ 2004 Report of ProperS.' Condition Assessment MA CTEC Engineering and Consulting, Inc MA CTEC Project Number 6786-04-0400 Photograph 11. Water stains along west side of property Photograph 12. Typical first floor window with iron bars Aq7 Boynton Beach l+'omen ~ Club June 1:2004 Report of Property Condition Assessment MA CTEC Engineering and Consulting, Inc. MA CTEC Project Number 6786-04-0400 Photograph 13. Cracks on stucco (typical throughout structure) Photograph 14. Evidence of previous crack repairs A-8 Boynton Beach Women's Club June L 2004 Report of ProperO, Condition Assessment MACTEC Engineering and Consulting, Inc~ MACTEC Project Number 6786-04-0400 Photograph 15. Alarm panel Photograph 16o Veneer covered wood trusses & fixtures A-9 Boynton Beach Women~ Club June I, 2004 Report of Property Condition Assessment 3~4CTEC Engineering and Consulting, Inc. MA CTEC Project Number 6786-04-0400 Photograph 17. Second floor auditorium Photograph 18o Visible WDO damage on veneer of roof trusses in the auditorium A-IO Boynton Beach Women's Club June l, 2004 Report of ProperO, Condition Assexsment MACTEC Engineering and Consulting, Inc. M.4CTEC Project Number 6786-04-0400 Photograph 19. Dining room on first floor ! / / Photograph 20° Suspended tile ceiling in kitchen A-Il Bo),nton Beach Women's Club dune I. 2004 Report of Property Condition ,~ssessment M.4 CTEC Engineering and Consulting, Inc. M,~ CTEC Project Number 6786-04-0400 Photograph 21. Sink in men's room without insulated piping Photograph 22. Sinks in men's room A-12 Boynton Beach Women5 Club dune I, 2004 Report of ProperS., Condition Assessment MA CTEC Engineering and Consulting, lnc. MA CTEC Project Number 6786-04-0400 Photograph 23. Broken roof tile (one of several) Photograph 24. Detached roof tile (one of several) A-13 Boynton Beach Women~ Club June 1~ 2004 Report of Property Condition Assessment MACTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 Photograph 25. Overview of rooftop , - % ~5~: ,~.. ~-.~ Photograph 26° Exposed cracked underlayment at eave A-14 Boynton Beach Women~' Club June I: 2004 Report of ProperO' Condition Assessment MACTEC Engineering and Consulting, Inc. MACTEC Project Number 6786-04-0400 Photograph 27° East second floor balcony A-15 REPORT OF LIMITED SURVEY FOR ASBESTOS, LEAD-BASED PAINTS AND SUSPECT MOLI~ BOYNTON BEACH WOMEN'S CLUB 1010 SOUTH FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA PREPARED FOR: PBS&J 2007 Northwest 107t~ Avenue Miami, Florida PREPARED BY: ENaINEERINa AND CONSULTINa, INC. (MACTEC E&C) 5845 N.W. 158TH STREET MIAMI LAKES, FLORIDA 33014 MACTEC F_~C Project Number 6786-04-0400.02 June 3, 2004 MACTEC BorNToN BELCH I'gO~_,tV'$ CLUB JUNE 3, 2004 Md CTE C ENGaVEERmG AND COI~UL l13tG, INC. PROJECT NO. 6786-04-0400. O1 TABLE OF CONTENTS 1.0 BACKGROUND INFORMATION ................................................................................ 1-1 2.0 FACILITY DESCRIPTION ............................................................................................ 2-1 3.0 SURVEY PROCEDURES .......................................................... ' .................................... 3-1 3.1 ASBESTOS SURVEY PROCEDURES ............................................................................. 3-1 3.1.1 General ......................................................................................................... 3-1 3.1.2 Bulk Sampling Procedures ........................................................................... 3-1 3.1.3 Homogeneous Sampling~4reas .................................................................... 3-2 3.2 LEAD-BASED PAINT SURVEY PROCEDURES .............................................................. 3-2 3.3 MOLD ......................................................................................................................... 3-3 3.3.1 Background .................................................................................................. 3-3 4.0 RESULTS OF LABORATORY ANALYSES ............................................................... 4-1 4.1 ASBESTOS .................................................................................................................. 4-1 4.2 VISUAL OBSERVATION FOR MOLD ............................................................................ 4-1 5.0 RECOMMENDATIONS ................................................................................................. 5-1 5.1 ASBESTOS .................................................................................................................. 5-1 5.2 SUSPECT MOLD ......................................................................................................... 5-2 6.0 QUALIFICATIONS ......................................................................................................... 6-1 APPENDICES APPENDIX A: SUMMARY OF PLM RESULTS APPENDIX B: LEAD-BASED PAINT LABORATORY ANALYSIS APPENDIX C: PERSONNEL AND LABORATORY CERTIFICATION APPENDIX D: FLOOR PLANS with SAMPLE LOCATIONS BOYNTON BFACH WOMEN'S CLUB JUNE 3, 2004 MA CTEC ENG~rEERING AND CONSULThVG, INC. PROJECT NO. 6786-04-0400.01 1.0 BACKGROUND INFORMATION Our understanding of the project is based upon information provided by Mr. Bill Brown of PBS&J and Mr. Ronald G. Costantini of MACTEC E&C. It is our understanding that the City of Boynton Beach requested a property condition survey and limited surveys for suspect asbestos-containing materials, lead-based paints, and suspect mold be performed in the subject facility prior to planned real estate transaction with regard to the property. 1-1 BOYNTON BEACH WOlt~l'$ CLUB JUNE 3, 2004 M/ICTEC E~VG~NF. EI~G ~ CONSULTZNG, INC. PROJECT No. 6786-04-0400.01 2,0 FACILITY DESCRIPTION The subject property is a two story building constructed in 1926 and is on the Historic Registry. The building is approximately 16,000 square feet with stucco interior and exterior. The roofing is barrel tile and was not accessible at time of survey. The interior consists of a balkoom and stage located on the second floor and a dining area with kitchen and library located on the f'u~t floor. The facility is used for Women's Club functions and meetings. 2-1 BortvroN BF-4CH WOMEN'S CLUB JUNE 3, 2004 MA CTEC ENGINEERING AND CONSULTING, INC. PROJECT NO. 6786-04-0400. O1 3.0 SURVEY PROCEDURES 3.1 ASBESTOS SURVEY PROCEDURES 3.1.1 General The limited asbestos survey was performed by observing accessible areas throughout the Boynton Beach Women's Club. The primary purpose of the limited survey was to locate, identify and sample friable materials which were suspected to contain asbestiform minerals. The presence of friable and non-friable suspect asbestos-containing materials encountered during the survey is addressed in this report. Friable materials, when dry, will crumble and release fibers under normal hand pressure, whereas non-friable materials will not. Sampling of non-friable suspect materials was left to the discretion of the surveyor. We must emphasize that it is not possible to look within every location in the building. This limited survey determines only general locations of suspect materials and does not determine the exact boundaries. No attempt was made to demolish structural elements and fmisbes as this is beyond the scope of our authorized services. Due to these limitations, wall voids, building cavities and other areas may contain unreported asbestos-containing materials. 3.1.2 Bulk Sampling Procedures The bulk sampling procedures used for the collection of suspect asbestos-containing materials first required the establishment of homogeneous sampling areas, which are defined as areas of materials of the same type and applied during the same general time period. The homogeneous sampling areas were then examined and representative samples of suspect materials were obtained from these areas. The U.S. Environmental Protection Agency (EPA) has published guidelines and recommendations for obtaining samples of ACM. These guidelines were followed during our survey, where appropriate. Additionally, samples of these materials were obtained at the discretion of our personnel based on past experience. 3-1 BOYNTON BE,,ICH ~r'OMEN'$ CLUB JUNE 3, 2004 M~CTEC ENGBgF~RING AND CONSULTING, INC. ' PROJECT NO. 6786-04-0400. O1 Bulk samples collected during the site survey were analyzed by Polarized Light Microscopy (PLM) coupled with dispersion staining in accordance with EPA Method 600/R-93/116. PLM is an analytical method for asbestos identification which depends on the unique optical properties of mineral forms in the samples and specifically identified the various asbestos types. The optical properties are a result of the mineral's chemical composition, physical atomic structure, and visual morphology. This is the mandated method of analysis by EPA for asbestos identification in bulk samples. MACTEC E&C's laboratory has attained National Institute of Standards and Technology (NIST) accreditation Number 1515 through participation in the National Voluntary Laboratory Accreditation Program (NVLAP). 3.1.3 Homogeneous Sampling Areas Ten samples of suspect asbestos-containing materials were obtained during this survey from the subject building and are outlined as follows: · White Vinyl Floor Covering (1 Sample) · Pink Interior Stucco (1 Sample) · 2~4' Dotted Ceiling Panels (2 Samples) · 2'x4' Smooth Ceiling Panels (1 Sample) · White w/Blue Fleck Vinyl Floor Covering (1 Sample) · Drywall/Joint Compound (1 Sample) · Exterior Stucco (1 Sample) · Wall Plaster (2 Samples) 3.2 LEAD-BASED PAINT SURVEY PROCEDURES During the site visit by MACTEC E&C representative Mr. Douglas Tapps on May 04, 2004, MACTEC E&C obtained paint chip samples, from ten representative homogeneous painted surfaces at the subject site. The purpose of the testing was to evaluate the presence and concentration of lead in interior and exterior paint coatings and building components. The paint chip samples were sent to EMSL Analytical, Inc. located in Westmont, New Jersey, an AIHA ELLAP accredited laboratory. The paint chip samples were analyzed in accordance with EPA Method 846-7420 to determine the percentage by weight of lead within the paint samples. The Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and 3-2 BOYNTON BEACH WO~'S CLUB JUNE 3, 2004 MA CTEC ENGfN~ER~NG AND CONSULTING, INC. PROJECT NO. 6786-04-0400.01 Control of Lead-Based Paint Hazards and EPA have established a definition of Lead-Based Paint (LBP) of 0.5 percent. Coatings found to contain lead above this level should be removed or managed in-place in good condition to avoid potential exposure to building occupants (especially children). However, activities which disturb paint that is found to contain levels of lead below this definition are still regulated by the Occupational Safety and Health Administration (OSHA) Lead Construction Industry Standard. 3.3 MOLI~ 3.3.1 Background Current ASTM standards goveming Phase I Environmental Site Assessments (ESA) or Property Condition Assessments (PCA) do not address indoor air quality issues. However, Indoor Air Quality (IAQ) in non-industrial environments is gaining attention as workers, tenants and occupants are experiencing health symptoms attributed to a sick building or poor IAQ. Undesirable conditions such as mold growth, musty odors, impaired air quality, etc., are symptoms of a breach or failure in one or more building systems. The presence of unwanted moisture can lead to numerous problems and complaints of building-related health symptoms. The source of excess moisture is typically related to leaky plumbing or roofing, but can also involve the building's HVAC system. When excess moisture accumulates in buildings, mold growth will often occur. In the presence of sufficient moisture, different molds can grow on wood, paper, carpet or insulating materials. Molds reproduce through spores that cannot be seen with the naked eye. When they land on damp indoor surfaces that provide them with a food source, active mold growth can begin. Moisture control is the key to controlling mold growth in indoor environments. The first step in eradicating mold problems is to fix the source of building moisture intrusion. Once the source of excess moisture is identified and corrected, visible molds should be removed. The goal of mold remediation should be to remove or clean contaminated materials in a manner that prevents the spread of molds and fungi to other areas of the building. The health of personnel conducting the mold remediation must also be protected. Non-porous materials such as metals, glass and hard plastics can often be cleaned with detergent solution and re-uaed. This 3-3 BOYarrON BEACH P,/OMF_.N'$ CLUB JUNE 3, 2004 MACTEC ENGINEERING AND CONSULTING, INC. PROtECT NO. 6786-04-0400.01 is also tree for semi-porous building materials such as wood and concrete. Porous building materials such as wallboard, ceiling tiles and insulation are most often removed and discarded. Surface and air sampling is typically performed after remediation to confirm the effectiveness of mold remediation efforts. Routine inspections should also be conducted to confirm the effectiveness of mold remediation efforts. 3-4 BornTON BE3CH WOlVlEIg'$ CLUB JUNE 3, 2004 MylCTEC ENGINEERING/.ND CONSULTING, INC. PROJECT NO. 6786-04-0400.01 4.0 RESULTS OF LABORATORY ANALYSES 4.1 ASBESTOS Laboratory results revealed that none of the materials sampled were found to contain asbestOs. The PLM result of each sample obtained and analyzed during the survey is included in Appendix 4.2 LEAD-BASEO PAINT Sample locations and results of the total lead analysis results are presented in Table 4.2 below. TABLE 4.2 SUMMARY OF LABORATORY ANALYSIS - TOTAL LEAD Sample [ APproximate SamPle LocatiOn General Description Percentage bY Weight Number ' L-1 Rear Stairwell Black/metal hand mils 0.16 L-2 Ballroom P/nk/wood baseboard <0.01 L-3 Ballroom Pink/stucco wall <0.01 L-4 Main Stairways Green/metal hand rails 0.41 L-5 Kitchen White/wood baseboard 1.60 L-6 Lounge Green/wood door 0.12 L-7 Lounge into l~rary Pink/wood interior door 1.40 L-8 West Exterior Grass area Green Paint Chip Debris 2.00 L-9 West Exterior Wall Pink/exterior stucco wall 0.05 L-10 Exterior electric room window Light Blue/wood window 0.67 frame Note: Samples in bold exceeded the HUD/EP,4 definition of lead based paint. Based on the sample analysis results, four of the samples were found to contain lead in concentrations above the de£mition of LBP specified by EPA and the HUD guidelines of 0.5 percent by weight. 4.2 VISUAL OBSERVATION FOR MOLD As part of the site observation MACTEC looked for indications of significant water infiltration and visible mold growth. This included obse~,ation of visibly accessible surfaces and did not include observations of hidden conditions such as inaccessible areas, the interior of wall cavities, 4-1 BOYNTON BEACH WOMEN'S CLUB JUNE $, 2004 M~ CTEC E~VG~VEE~G aND CO~VSUL r~VG, I~VC. PROJ£6~ NO. 6786-04-0400. 01 and the interior of HVAC systems or behind intact vinyl wall coverings. The scope of these visible mold observations should not be construed as a mold assessment. We observed the interior areas of the patio and balcony doom and noted water damage of the wood flooring along the bottoms of the door thresholds. We were informed by the President of the Boynton Beach Women's Club, Ms. Lillian Ostguy, that this damage was a result of previous water intrusion prior to the door repair/renovation in 1999. No other suspect stains, fading or mold was observed within the interior of the facility. We also observed suspect mold or algae on the exterior of the building. The suspect mold is located on the north side of the facility with growth on the stucco wall, electric conduit, and piping. The suspect growth is green in color and covers over 50% of the north side of facility. 4-2 BOYNTON BF~CH WOblEN'$ CLUB JUNE 3, 2004 MACTEC ENGINF~RING AND CONSULTING, INC. PROa~CT NO. 6786-04-0400. O l 5.0 RECOMMENDATIONS 5.1 ASBESTOS No asbestos was detected in the building materials sampled during the limited survey conducted within the Boynton Beach Women's Club location. It is recommended that prior to any renovation or demolition project a more comprehensive asbestos survey be conducted that complies with current local, state and federal regulations. 5.2 LEAD-BASED PAINT As a result of the field testing and paint chip analysis performed, it appears that concentrations of Icad at or above 0.5 percent by weight do exist on tested building components. We recommend assuming that building components identical to those shown to be coated with lead-based paint are also coated with lead-based paint. We recommend that interim controls be implemented for the period prior to removal of the lead- containing materials or implementation of hazard reduction activities. Prior to renovation or remodeling of the property, an EPA Certified LBP Contractor should properly remove the LBP or remove building components painted with LBP intact. These LBP materials must be tested and disposed of in accordance with applicable regulations if test results show concentrations of lead exceed hazardous standards. The disturbance of lead-containing painted surfaces, including those containing less than 0.5 percent lead, should be addressed in accordance with OSHA Construction Standard for Lead (29 CFR 1926.62). The OSHA Lead Regulations include provisions for: training; written compliance programs; exposure assessments; notifications; engineering controls; and specified work practices. Also, based on the concentration of lead identified, any waste generated by operations that would disturb this material should be considered potentially hazardous and waste characterization (including TCLP testing) should be performed to determine the proper disposal requirements. 5-1 BOYNTON BE~cH I'YO~tEN'S CLUB JUNE 3, 2004 M_,,ICTEC ENGINEERING ..OLD CONSULTING, !NC. PROJECT NO. 6786-04-0400.01 5.2 SUSPECT MOLD The suspect mold or algae located on the north side exterior of the facility is the only area of suspect mold observed that may need correction. Mold/algae growth on the north elevations of buildings which do receive direct sunlight is common, as night-time condensation does not quickly evaporate as it does on other elevations. The suspect mold/algae on the north side exterior can be removed and cleaned utilizing a high-pressure washer using water and an anti- microbial solution as a part of routine building maintenance. Also, anti-microbial paint additives are available which can deter future mold/mildew growth on these types of surfaces. 5-2 BOYlqTON BF-4CH WOa4~v'S CLUB JUNE 3, 2004 MA CTEC ENG.~tF~RIlqG /aVD CONSULTING, INC. PROJECT No. 6786-04-0400. O1 6.0 QUALIFICATIONS Regardless of the thoroughness of a survey, there is always the possibility that some areas containing, or different from those at specific sample lOCations. Therefore, conditions at every lOCation may not be as anticipated and as summarized in this report. In addition, renovation or demolition may uncover altered or differing conditions. We recommend that you notify MACTEC E&C if any changed conditions are encountered so that we can assess the situation and its impact on our original recommendations. MACTEC E&C has endeavored to observe the existing conditions within the building using generally accepted prOCedures. The opinions and recommendations included herein are based on information obtained during the site visit(s) and from previous experience. It must be emphasized that it was not possible to observe all areas within the building(s) and that unreported asbestos, lead, or mold were overlooked, inaccessible or may be present within machinery, wall voids or other areas not accessed by MACTEC E&C's our field personnel. If additional information becomes available which might impact our conclusions or recommendations, MACTEC E&C requests the opportunity to review the information, reassess the potential concerns, and modify opinions, if warranted. Suspect materials that are not specifically identified within this report should be considered as asbestos containing until testing reveals otherwise. In addition, the scope of this survey was not intended to provide the detailed information generally necessary to appropriately determine the scope of work for a particular abatement operation. The limited asbestos survey performed within the Boynton Beach Women's Club does not comply with OSHA's 29 CFR 1926.1101 requirements for bulk sampling of asbestos. Should renovation or demolition be required, a more detailed asbestos survey of the potentially affected areas would be necessary. We would be glad to discuss with you the OSHA asbestos standard to determine other asbestos-related building owner requirements for the buildings surveyed. This report is intended for the exclusive use of PBS&J. Use of this report or reliance upon information contained in this report by any other party acts as an agreement by that party to the same terms and conditions under which our services were provided. Furthermore, any use of thi.q report by a party for purposes beyond those intended by MACTEC E&C and PBS&J will be at the sole risk of that party. 6-1 BOYNTON BEACH WOI~_.N'S CLUB JUNE 3, 2004 M.4 CTEC ENGINEERING AND CONSUL TING, INC. PRO~£Cr NO. 6786-04-0400. 01 APPENDIX A SUMMARY OF PLM RESULTS PLM REPORT SUMMARY Mactec Engineering and Consulting, Inc. 396 Pl~sters Ave. NE NVLAP Lab No. 101066 Atlanta, GA 30324 (404) 873-4761 TDH Liceme No. 30-0162 Client: PBS & J Mactec Job No.: 6786-4-04(}0 Project: Boynton Beach Womens Club Report Date: 5/8/2004 Client Project No.: N/A Sample Date: 5/4/04 Identification: Asbestos, Bulk Sample Analysis Test Method: Polarized Light Microscopy / Dispersion Staining (PI.M/DS) EPA Method 600/R-93/116 Page 1 of 3 on .518/2004, ~ea (10) bulk ma~ial samples ,r~= submitted by Does Tapps fa' asl~atm aaalysi$ by PI.M/DS. I~b Sample No. Sample D~xiption / Location Asbestos Content 158806 White Vinyl Floor Sheeting None Detected-Surfac~ Ballroom Restrooms None Detected-Backing I None Detected-White Mastic 158807 Pink Interior Stucco None Detected-Stucco Ballroom West Wall 2 158808 2x4 Dotted Ceiling Panel None Detected-C~iling Tile Kitchen 3 158809 2x4 Doued Ceiling Panel None Detected-C~ling Tile Kitchen 4 ! 58810 [ 2x4 Smooth Ceiling Panel None Dctectcd-C, ciling Tile I Kitchen, Random 158811 White wi Blue Fleck Vinyl Sheeting None Desect~-Surfacc Kitchen None Detected-Backing 6 158812 Drywall/Joint Compound None Detected-Drywall Ma/trial Pantry Hone Dc~c, ctcd-Joim Compound 7 These samples were ~alymd by lay.s. The first percenta~ is the overall asbestos conical fi~ thc sa~. Specific layer er componcat asbesl~ c~etea! is indicaled wi relevant. Thc EPA considers a mmedal to be asbestos comaiaiag onbj if it coutaias mare than one pe~cem ashcslos by Calibrated Visaal Ama Estimation (GA[[). EPA r~gulalions also sta~ tha~ Regulated Asbestos Containing Materials (RACM) - materials which a~c friable or may become friable - be further mudy-md by ~ coating when the resu~ indicate less than ten i~cem aslx~os by CVAE. Our laboratory utilizes CVAE on a routine basis and does not include point ommfi~ unless specifically requested. Thc~e rclxnts may not be reproduced except in full, Any unauthorized usc or distribution of these reports shall be at *J~e cbem's ami s~cipicafs soic risk and witl~mt liability to Macac Engineering ami Consulting, Inc. PLM REPORT SUMMARY Mactec Engineering and Consulting, Inc. 396 Plasters Ave. NE -NVLAP Lab No. 101066 Atlanta, GA 30324 (404) 873-4761 TDH License No. 30-0162 Client: Pl~ 8, J Mactec Job No.: 6786-4-0400 Project: Boynton Beach Womens Club Report Date: 5/8f2004 Client Projec~ No.: N/A Sample Date: 5/4/04 Identification: Asbestos. Bulk Sample Analysis Test Me~hod: Polarized Light Microscopy / Dispemion Staining (PLM/DS) EPA Method 600/R-93/116 Page 2 of 3 oa 5/8/2004, tea (10) balk maerial ~ w~e s~aed by Doug Tapps for asix~m Lab Sample No. Sample Description / Location Asbestos Content 158813 Exterior Stucco None Detected-Stucco West Exterior Wall 8 158814 Wall Plaster None Detected-Plaster Kitchen None Detected-While Compound 158815 Wall Plash' None Detected-Plast~ Kitchen None Detected-White Compound 10 I teleran. Th~ E.P^ co~id~ a mat~'i~l to ~ ~ c~t~inin8 ~ly if it co~in~ mo~ th~ o~ ~ ~o~ by Calibmt~l ~u~l ~ B.~in~io~ {C-~,~'~. ~.P~ ~-$mlation$ also ~t~ that R~la~l ~ Co~haining ldatcdal~ (RACM) - mat~i~l~ which coanting when Ihe results indicate k~x than tm percent asbestos by CVAE. Ou~ laboratory utilizes CVAE on a routine basis and does not include point couatiag unless specifically reqne~cd. These ~ may n~ bc reproduced e, xcc-pt in full. Any unauthorized use of distribution of these reports shall be at the client's and recipients sole risk and without liability to Mactec Eagine~flg and Consulting, Inc. PLM REPORT SUMMARY Mactec Engineering and Consulting, Inc. 396 Pia~ers Ave. NE NVLAP Lab No. 101066 Atlanta, GA 30324 (404) 873-4761 TDH License No. 30-0162 Client: PBS & J Mactec Job No.: B786-4-0400 Project: Boynton Beach Womens Club Report Date: 5/892004 Client Project No.: N/A Sample Date: 5/4/04 i Identification: Asbestos, Bulk Sample Analysis Test Method: Polarized U§ht Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/116 Page 3 of 3 STATEMENT OF LABORATORY ACCREDITATION These samples were analyzed at the Atlanta Branch of Mact~ Engineering and Consulting Inc. in the Asl~stos Laboratory at 396 Plasters Ave. NE, Atlanta, GA, 30324. Thc laboraiovy holds accreditation from the National Institute of Standards and Technology (formerly National Bureau of Standards) under thc National Voluntary Laboratory Accreditation Program (HVLAP). This laboratmy also is Ucensed and authorized to perform as an Asbestos Laboratory in the State of Texas within the purview of Texas Civil Statutes, Article 44TT-3a, as amended, so long as this license is noi suspended or revoked and is renewed according to the rules adopted by dine Texas Board of Health. The samples were analyzed by polarized light microscopy in general accordance with the procedures dcscribed in thc Method for the Dclcm~nadon of Asbestos in Bulk Building Materials, EPA/600/R-93/116. The results of each bulk sample analysis relate only lo ~ material ietaed. This re4m~ shall not be used to claim product endorsement by NVi. P~ or any agoncy of the U.S. Govctnmem. Specific questions concerning bulk sample results shall be directed to the PLM Laboratory Manager. Analys~: Chris DuBour PLM Laboratory Manager: Carol Findlay Approved Signatory: BOY~ON BF~CH WOI~V'S CLUB JONE 3, 2004 M~4CTEC ENG~7~EF-a~v6 /~VD CONSULTIIVO, INC. PROJECT NO. 6786-04-0400.01 APPENDIX B LEAD-BASED PAINT LABORATORY RESULTS EMSL Analytical Phone: (856) 85~4800 Fax: (156) !~.~551 Entail: rdtauffman~m~Lcom Attn: Doug Tapps Custom~ ID: LAWE52B M~CTEC-, E~*tgi~slllu aa~J C~aulU~qj, ll~; Cuslomer PO: 5845 N.W. 158th Street Received: 05/06/04 9:38 AM Miami I.ekes, FL 33014 Fax: (305) 826-1T99 Phone: (305) 826-5588 EMSL Orden 200405163 Project: 6786-4-0400.021 Boynton BCH Club EMSL Proj: Lead in Paint Chis by Flame AAS (SW 846, 7420) Cl~t Sample Descr~do~ I.~b ID ,~lyzed C~,,tr~ 01 000/ 5/11/04 0.16 %wt 02 0002 5/11~04 <0.01%wt 03 0003 5/11/04 <0.01 04 OOtM 5/11/9¢ OAt 05 0005 5/11/04 1.60 % Wt 06 0006 5/11/04 0.12 %wt 07 0007 5/11/04 .1.40 %wt 08 0008 5/11/04 2.05 %Wt 09 0009 5/11/04 0.05 % Wt 10 00t0 5/11/04 0.67 % Wt William Charnbedin or other approved slgnalzxy ACCREDITATIONS: NJ-NELAP:.04853, AIHA ~ Lead ~ Apl~nml Program: 100194 Date Printed: 5/11/04 3:45:52 PM PB w/o QC-1 e'dOe ~ o~ 1 Chain of Custody 3 Coopex Str~ WestmonL NJ 08108 Lead Lab Services lax: (856) 858-3899 Please print' all informati°n legibly, httlrJiwww.emsLeom http://ww w.emsl.com/COC_Print.cfm?action --pri nt&ServiceCatSelect=7&LabsSelect=We... 313012004 Chain of Custody EMSL Analytie~l, I c. 3 Coot~ S~t W~tmonL NJ 08108 Lead Lab Services oae: Fax: (856) 858-3899 Please print all information legibly, hUp'J/www.emsl,eom bmlnmy: Mzetee E ~ C Bill To: Mae~ E ~ C ldressl: 5845 N.W, 158th Street . Addreasl: 5845 N.W. 158th Street Patdmss2: Addrezs2: Z/p/Post Code: 33014 Zip/Post Code: 33014 ~onta~ Nan,: Douglas T~s ,s.~m: Douglas Tapp~ Phone: .305-826-5588 Phone: 305-826-5588 Fax: 305-~26-1799 Fa~' 305-826-1799 Ema//: djtapps@mactec.com Enta//: djtal~mactec.com EMSL R~.p: P.O. Number: [~rojeet Name/Number: MATRIX METHOD INSTRUMENT RL CAeporti~ Limit) TAT Lead Chip~* SW846-7420, 3050B Flame Atomic 0.01% ++ ~ W~teW~.r SW846-7420 Flame Atomic .' 0.4 mg/l water Abso~tion 40 rog/kg (ppm) soil Lead Soil + or SW846-6010B ICP 0.1 rog/! wal~ ~0 m~ (om? soa Lead in Air *** ~rIOSH 7082 Mod. Flame Atomic 4 ug/filtex Absorption or NIOSH 7300 Mod. ICP . 3.0 u~/filter Lead ia .~p~ ~ -ASTM 5W1~6-7420 / WOD Flam~ A0.mfi~ I0 u~wil~ List Wipe Type Appendix 14.2 Digest Absorption ~-non ASTM ~r SW846-6010B ICP 3.0 ug/wipe TCLP Lead ** SW846.1311/7420 Flame Atomic 0.4 mg/l (ppm) o~ SWa46-601~,B ICP 0.! m~i (ppm) STLC Lead (California) # CA Title 22 ~.~ Flame Atomic 0.4 rog/! (ppm) SW846-7420 ~bsorpfion or ~SW~46-6010B IC~ 0.1 mg/l (ppm) !Lead in Air **** NIOSH 7105 Mod. Graphite Furnace Atomic 0.03 ug/filte~ !Absorption Lc~d W~t~Water , ~W846-7421 ! Graphite Purnae~ Atomic : 0.003 rog/! ~ppm} Absorption hater Lead Soil + 0.03 m~/kl~ (ppm) soil Lead in Drinking Water (check EPA 239.2 ! 200.9 C-raphite Furnace Atomic 0.003 rog/1 (ppm) state Certification re~uireraen~) !Absorption Total Dust NIOSH 0500-0600 Gravimetric Reduction 0.0001[[ TAT (Turnaround) - Same day, 24 hr - 1 Day, 2 Daysl 3 Days, 4 Days, 5 Days~ 6-10 Days *, **, ***, ****, +, ++ ,# Please Refc~ to Price Quote ^ If no box is checked, non-ASTM is assumed httn.lJ,mm~l emil ~.om/COC.Pnn!' .cfmgact~on. ' =orint&ServiceCatSelect=7&LabsSelect=We... 3/30/2004 BOYnmgN BKaCH Wosff3t'S CLUB JU~VE 3, 2004 MA CTEC E~tGI~EEJ~IG A~tD C03rSOLI'OtG, ll~C. PROJECt NO. 6786-04-0400.01 APPENDIX C PERSONNEL AND LABORATORY CERTIFICATION HISTORIC PRESERVATION CONDITION ASSESSMENT REPORT FOR THE BOYNTON WOMAN'S CLUB 1010 S. Federal Highway Boynton Beach, Florida 33435 Prepared for: City of Boynton Beach Prepared by PBS&J 5300 West Cypress Street Suite 200 Tampa, Florida 33607-17172 May 2004 1.0 Executive Summary At the request of the City of Boynton Beach, PBS&J conducted a condition assessment report for the Boynton Woman's Club, located at 1010 South Federal Highway (US 1), Boynton Beach, Florida. This portion of the report discusses the historic preservation element. A site visit was made by Rebecca Spain Schwarz, AIA, PBS&J Tampa, on Tuesday, May 4, 2004. This two-story Mediterranean Revival style structure was designed by Addison Mimer and constructed by Heaton and Adams in 1925-26. It was listed in the National Register of Historic Places in 1979. The building has continuously been owned and operated by the Boynton Woman's Club and has been well maintained. Several modifications have occurred over the years, but overall, the building has retained its traditional Mediterranean Revival style elements, including the asymmetrical massing, stuccoed structural clay tile walls, barrel clay tile roof, casement windows and French doors (many with arched or extended trefoil transoms), wrought iron railings, and light fixtures. Road widening of Federal Highway (US 1) in the late 1950s/early 1960s resulted in the removal of the northwest comer stair tower and the northernmost bay of the west loggia, however, these changes were performed in a manner sympathetic to the original design of the building. A major rehabilitation of the building was performed in 1988-89, which included the installation of an I-IVAC system and a new hydraulic elevator, resulting in numerous interior modifications. At that time, new wood flooring was installed over the existing terrazzo flooring in the library and dining room/lounge, plus quarry tile was installed over the existing concrete floor in the south entrance loggia and fn'st floor foyer. The roof was also replaced in the 1980s. A fire sprinkler system was reportedly installed about eight to nine years ago. Most of the windows and exterior doors have been repaired, re-glazed, and repainted within the past six months. 2.0 Historical Significance The Boynton Woman's Club is a two-story Mediterranean Revival style building constructed in 1925-26. It was designed by the famous architect Addison C. Mizner, who designed numerous Mediterranean Revival style structures in Palm Beach and Boca Raton in the 1920s. The building was listed in the National Register of Historic Places (NRHP) in 1979, the first in Boynton Beach. It is significant under Criterion C for its architectural merit and under Criterion A for its contribution to the cultural development of Boynton Beach (originally Boynton), as the community's social and civic center. A copy of the NRHP Nomination Form, including photographs, is included in this report as Appendix A. The building was constructed in memory of the founder of the town, Major Nathan Smith Boynton, whose heirs contributed $35,000 towards the total $50,000 construction cost. The Woman's Club members asked Addison Mimer to donate his architectural services, which he agreed to do. Mizner also designed a city hall with an attached fire station and jail for Boynton Beach in 1925, but the Florida land boom ended before fmancing could G:~BLDGSVCSWOMMON~oynton Beach Arch~Reports~Boynton Woman's Club HP Report 060204.doc 2 be secured so the project was dropped. A dedication cornerstone to Major Boynton was not laid until April 1932, after the final construction payment was made. Major Boynton, originally from Port Huron, Michigan, founded the town of Boynton in 1895 and built the grand Boynton Beach Hotel. Major Boynton died in 1914 and his heirs sold most of his estate in 1925, including the hotel, which was demolished only a year later. The town's name was eventually changed to Boynton Beach. The building has always been owned by the Boynton Woman's Club, a private non-profit organization that was originally founded in 1909. The Club was later incorporated in 1911 for charitable and educational purposes. During the same year, they were also federated with the Florida Federation of Women's Clubs. Their first clubhouse was a two-story wood frame structure at 502 E. Ocean Avenue, built circa 1910. The club's primary purpose was to provide a venue for local social affairs and to house a community lending library. The library continued to be maintained by the Woman's Club until 1961 when a new public library was constructed by the City of Boynton Beach. The building has also served as the first meeting place for several local churches and service organizations. Today, the Boynton Woman's Club continues to maintain and operate the clubhouse for the benefit of the community. Noted muralist Bernard Preston Thomas (1918-1994) painted a mural depicting the history of Boynton Beach. This mural was placed on the south wall of the dining room/lounge in the early 1990s. In the late 1980s, the Boynton Woman's Club was restored/rehabilitated under the direction of the Mizner Foundation of Boynton Beach, Inc. Work included the installation of an I-IVAC system and a new hydraulic elevator, which resulted in numerous interior modifications. At that time, new wood flooring was installed over the existing terrazzo flooring in the library and dining room/lounge, plus quarry tile was installed over the existing concrete floor in the south entrance loggia and first floor foyer. The roof was also replaced in the 1980s. Metal hurricane shutters were purchased in 1988 with a separate grant. Metal tracks were installed above each exterior door and window. The metal shutters are stored in the storage room behind the elevator. Recent restoration and maintenance of the building, completed this spring, includes a through restoration of most of the wood casement windows and exterior French doors (at the second floor balconies and the first floor entrance). The kitchen back door was completely replaced since it was not repairable. In addition, the parking lot was resealed and a new fence was constructed along the Federal Highway side and part of the south side, completed in May 2004. The second floor windows will be tinted to keep out the summer sun and new toilets are being installed in all of the bathrooms. These projects were funded by a private grant and donated money. G:~BLDGSVCS\COMMONXBoynton Beach ArchW, eports~Boynton Woman's Club HP Rq~ort 060204.doc 3 3.0 Existing Drawings Several sets of drawings are located in the Boynton Woman's Club office, as noted in the following list: 1925 Woman's Club, Boynton Florida (N25) Addison Mimer, Architect, Palm Beach April 24, 1925; Revised May 21, 1925 1 Rendering [showing south and west sides] 2 Ground Floor Plan 3 Second Floor Plan 4 Front Elevation [south] 5 Side Elevation [west] 6 Rear Elevation [north] 7 Side Elevation [east] Door Elevation, Full Size Typical Window Details, Window Schedule (May 25, 1925) Front Entrance Door Elevation, Full Size Details of Front Entrance, Full Size Detail of Windows and Doors, Front Elevation Second Floor (May 25, 1925) Steel Column, Tress and Second Floor Beam Detail (May 26, 1925) Tress Detail (no date) Detail of Wood Tress (Revised) Designed by Riddle Engineering Co. (June 17, 1925) 3" Scale Detail at Window in SW Comer (December 15, 1925) Alteration for Trusses Over Auditorium (January 20, 1926) Details of Fireplace in Library (June 6, 1926) Full Size Profiles of Stonework of Window SW Comer (no date) 1988 Restoration of Boynton Woman's Club Roy M. Simon AIA, Architect, 100 NE 5th Ave., Suite A-2, Del Ray Beach September 16, 1988 (P-I& 2; AC 1 & 2; E-1 through E-5) October 7, 1988 (A-1 through A-5) A- 1 Site Plan A-2 Ground Floor Plan A-3 Second Floor Plan A-4 Exterior Elevations A-5 Elevator Shaft Details P- 1 Plumbing Plan - First Floor (Revised January 6, 1989) P-2 Plumbing Plan - Second Floor AC-1 Air Conditioning Plan - First Floor (Revised January 6, 1989) GSBLDGSVCS\COMMON~Boynton Beach ArchhReports~Boynton Woman's Club HP Report 060204.doc 4 AC-2 Air Conditioning Plan - Second Floor E-1 Existing Electrical Plan -First Floor E-2 Existing Electrical Plan- Second Floor E-3 New Electrical Plan- First Floor E-4 New Electrical Plan- Second Floor E-5 Electrical Riser, Schedules, Load Summary 1989 Garden Wall Addition Augustine Engineering Corp., 2755 S. Federal Hwy, Suite 11, Boynton Beach May 15, 1989; Revised October 1989 1990 Site Plan for Boynton Woman's Club Historic Preservation Foundation, Inc. April 5, 1990 Kitchen Floor Plan July 13, 1990 4.0 Existing Conditions The existing conditions described below are based on a site visit conducted by Rebecca Spain Schwarz, AIA, on May 4, 2004. She is an historic preservation consultant from the PBS&J Tampa office. 4.1 Site The Boynton Woman's Club is oriented on a north-south access with the entrance located on the south side. The parcel, which consists of Lots 4, 5, 6, and 7 (less the west 35 feet thereof) of the Parker Estate, is trapezoidal in shape, with the smaller end at the north. A parking lot occupies the south end of the parcel with access driveways on the east and west. Federal Highway borders the west side and Isle Road borders the east side. Primary access is provided from Isle Road on the east side since it is not as busy as Federal Highway. Federal Highway was widened from two to four lanes in the late 1950s/early 1960s. In 1989, a stueeoed concrete block garden wall was constructed along the west side of the property adjacent to Federal Highway. The wall replaced a metal pipe railing along the sidewalk since the Woman's Club property is lower than the highway property and posed a drainage problem. This problem has since been resolved. A hedge currently obscures the garden wall from Federal Highway. The wall returns to join the south end of the west side of the building. A wrought iron gate provides access at the southern wall. The parking lot, south G:kBLDGSVCS\COMMON~Boynton Beach ArchLReportskBoynton Woman's Club HP Report 060204.doe 5 entrance walkway, and garden walkway were enhanced in 1990 with 19 standard parking spaces and two ADA accessible parking spaces. Prior to1988, the parking lot was paved right up to the edge of the south entrance loggia. Recent improvements include repaving of the parking lot and the construction of a new aluminum fence, designed to look like a simple wrought iron fence, along the west and part of the south sides of the parking lot, completed in May 2004. 4.2 Exterior Foundation: The 1925 building plans indicate that the foundation system consists of reinforced concrete continuous wall footings and interior spread column footings. Walls: Exterior walls are constructed of 8" wide structural clay tile with a standard 4" wide wood stud wall on the interior side. Rough textured stucco is applied to both the exterior and interior surfaces. Roof: The gable-on-hip roof is sheathed with orange-red clay barrel Mission roof tiles. Adjoining tower roofs are hipped and also covered with the clay barrel Mission roof tiles. A wood or plaster cornice surrounds the roof edge. Painted sheet metal gutters surround the main roof, portions of the tower roofs, and the edge of the south balcony, with painted metal downspouts strategically placed. The roof appears to have been replaced with new roofing tiles in May 1983 (as noted on a photograph located at the Florida Division of Historical Resources and included in Appendix A). ~ Arched loggias, with square smooth-stuccoed piers supporting the arches, are located on the west, south, and east facades. Each one has a flat roof, which serves as a balcony at the second floor. The west loggia, with four large segmental arches, faces the garden and Federal Highway. In the late 1950s/early 1960s the northernmost arch was removed due to widening of Federal Highway. The south loggia, with two large Roman arches flanking a very wide arched opening, serves as the main entrance to the building. An arched canvas canopy has been added at the center arch to cover the entrance walkway from the parking lot. The east loggia, originally with five large segmental arches, faces Isle Road. The southernmost arch was enclosed for storage pre-1979. The east and west loggias have concrete floors with a smooth trowel finish, scored in approximately 25" squares with integrally colored green swirls in the floor, common in south Florida. The south entrance loggia, originally had the same type of concrete flooring as the other two loggias but a newer octagonal quarry tile floor was added in 1988-89. Ceilings are barrel vaulted with rough texture stucco. All of the doors leading from the loggias are paired 8-1ight wood French doom with round arched transoms. G:~BLDGSVCS\COMMONhBoynton Beach Arch~-portsXBoynton Woman's Club HP Report 060204.doc 6 The main entrance doors and the west loggia doors still have historic hardware, whereas the east loggia doors have newer brass lever style handles and top and bottom slide locks. Some of the east loggia doors are flanked with cast concrete columns with simple square bases, smooth shafts, and Corinthian capitals. Balconies: Three second floor balconies are located above the flat roofed loggias on the west, south and east sides. The west and south balconies have concrete floors, whereas the east balcony is covered with composition roll roofing. Each balcony features concrete piers (approximately 15 ½" x l l ~" by 38" high) with a wrought iron balustrade between the piers. The top metal rail has been modified to include a wood handrail (5 ~A" x 2 V2") immediately below. The south balcony has twisted square bars in the balustrade and a decorative wrought iron bar diamond shape centered on each bay. The east and west balconies do not have the twisted wrought iron bars or diamond shape in the balustrade. The balustrade displays a lot of rust damage on the east balcony (which is closest to the ocean), some damage on the west balcony, and the least amount of damage on the south balcony. The balustrades were sanded and repainted about five years ago. Doors: The exterior doors are primarily wood and glass French doors, which will be described in more detail in the Interior section of this report. Metal tracks for holding hurricane shutters are located above the doors. Windows: The windows are all wood casement, most of which have recently been restored, completed in spring 2004. Most of the smaller windows on the first floor have decorative wrought iron grilles in front of them. These windows were not included in the recent window restoration project. The only window with surrounding ornamental cast concrete stone is the southernmost window on the west side second floor. Metal tracks for holding hurricane shutters are located above all the windows. Chimney: A concrete stuccoed chimney is centered on the west elevation of the building. It features a small, hipped roof covered with orange-red clay barrel roof tiles. The chimney vents, on all four sides, have clay tile lattice infill. Exterior Lights: Non-historic exterior lights are historic-looking metal wall sconces at the balcony and loggia walls, installed in 1988-89. Two large metal lantern type wall sconces at the entrance loggia, however, appear to be historic and were rewired in 1988-89. G:~BLDGSVCS\COMMONkBoynton B~tch Areh~Reports~Boynton Woman's Club HP Report 060204.doc 7 4.3 Interior - First Floor Layout: The first floor primarily consists of four large rectangular rooms with additional smaller service rooms. An entrance foyer, flanked on the east and west by stairs leading up to the second floor, occupies the south end of the building. The center section is divided into two halves: the original library room on the west and the dining room/lounge on the east. A large kitchen occupies the north end of the building. The women's restroom, with adjoining vestibule, is located at the west end of the foyer; whereas the men's restroom is located at the east end. A storage room/pantry and an office are located east and west of the kitchen, respectively. A third stairwell is located above the storage room/pantry, at the northeast comer of the building. An additional storage room was constructed east of the new elevator shaft in 1989, occupying the southeast comer of the original dining room/lounge. Foyer and Stairs: The foyer floor consists of 11" octagon quarry tiles with 5" square tiles. A clear sealant has been applied to the floor. The base consists of 6" square quarry tiles. This tile flooring and base were applied over the original scored concrete flooring, like the existing flooring in the east and west loggia, in 1988-89. The walls and ceiling are finished with rough textured plaster. Light fixtures are historic Mission style iron and glass hanging lights. East and west stairs open into the foyer with large arched openings. Two large arched openings in the north wall lead into the library and dining room/lounge. Wrought iron gates with twisted square bars are set within these openings. The stairs consist of wood 16 ltl,, tread (possibly oak) and 5 ~" risers. The landing appears to be floored with 3¼" wood tongue-and-groove pine. The baseboard is 7" wood painted. The walls and ceilings are rough textured plaster. Two 8-light wood casement windows with arched transoms are located on the east wall at the east stair landing. One 6-light wood casement window is located on the south wall and one large 20-light casement window is located on the west wall at the west stair landing. Light fixtures are historic Mission style wall sconces. Handrails and balustrades are wrought iron composed of 1 ¼" square comer posts with a pyramidal top and twisted 5/8" square bar balusters at 4" on center. The railing height is about 39 ~". The handrail attached to the wall consists of a 1 ~" flat rail supported by scroll brackets approximately 40' on center. This handrail is about 37 ½" high and 3 W' away (2 ¼" clear) from the wall. Women's Restroom: The women's restroom includes both an entrance vestibule and a separate restroom with two toilet stalls and two lavatories. The lavatories were originally located along thc north wall of the vestibule G?~BLDGSVCS\COMMON~oynton Beach ArchW. eports~Boynton Woman's Club HP Report 060204.doc 8 area but were relocated during the 1988-89 renovations when new HVAC closets were constructed in their place. The toilet stalls are tucked in under the west stairs. Both rooms have 1" white ceramic hexagonal tiles; the vestibule floor includes a border of two rows of black hexagonal tiles about 4 ~A" to 5" from the walls. The baseboard is wood 7" high, painted white. The walls and ceiling are rough textured plaster. Wood stall partitions and doors appear to be historic, painted white. The light fixture in the vestibule is a historic metal hanging fixture with five exposed bulbs, like those in the library. Two metal wall sconces with rose designs and two candelabra bulbs are located in the restroom above the lavatories. A wrought iron hanging light with a single exposed bulb is also located in the restroom. Some of these light fixtures may have been added in 1988- 89. Doors are painted wood two-panel. Men's Restroom: This bathroom is tucked in under part of the east stairs leading up to the second floor. The front (west) portion contains newer wood cabinets with a counter and two lavatories along the north wall. East of that are two urinals and another lavatory along the north wall. Two toilet stalls, with wood stall doors, are along the east wall. The floors, baseboard, walls, and ceilings are the same as those in the Women's Restroom. A simple wall scone with two candelabra bulbs is placed over the newer lavatories. This fixture may have been added in 1988-89; all other light fixtures are definitely non-historic. Library: The library room is no longer used as a library but rather for various social functions. An 2 ¼" tongue-and-groove wood floor (light oak with a polyurethane finish), oriented north-south, was installed over terrazzo in 1988-89. The flooring was apparently replaced again about seven or eight years ago when the previous flooring was damaged by flooding from Federal Highway. The original 1925 plans specified wood flooring but this was apparently not installed then. The baseboard is painted wood 6" high with a newer unpainted base shoe. Walls and ceiling are rough textured plaster. Stuccoed box beams are supported by smooth plaster wall brackets. A large fireplace is centered on the west exterior wall, flanked by two sets of 8-light French doors, with round arched transoms, on each side. The fireplace face is smooth plaster, scored in a random ashlar pattern, whereas the chimney breast above is plastered like the walls. The firebox is constructed of large beige bricks (4 ¼" x 8 3A") and the hearth consists of three rows of quarry tile (6" x 15"). A two-panel wood door in the north wall leads into the kitchen. The east wall features five large arched recesses, two of which contain a pair of 8- light French doors that access the adjacent dining room/lounge. Light fixtures are historic hanging metal with painted decoration and five exposed bulbs. In addition, historic wrought iron floor candelabra type lamps are used. Fire sprinklers have been added along the east side of the ceiling. G:XBLDGSVCS~COMMONkBoynton Beach Arch~n'ts~Boynton Woman's Club HP Report 060204.doc 9 Dininu Room/Lounue: The dining room/lounge was originally the same size as the library but was modified at the south end in 1988-89 to accommodate a new elevator and HVAC system. This resulted in the creation of a small vestibule between the foyer and dining room. The vestibule floor, baseboard, walls, and ceiling are the same as those in the .dining room. Like the library, a 2 %" tongue-and-groove wood floor (medium oak with a polyurethane finish), oriented north-south, was installed over terrazzo in 1988-89. The flooring was apparently replaced again about seven or eight years ago when the previous flooring was damaged by flooding from Federal Highway. The original 1925 plans specified wood flooring but this was apparently not installed then. The baseboard is painted wood 6" high with a newer painted angled (not quarter-round) base shoe. Walls and ceiling are rough textured plaster. Four stuccoed box beams are supported by smooth plaster wall brackets. Six sets of 8-light French doors, with round arched transoms, are located on the east side. These doors have newer shiny brass lever style handles plus top and bottom slide locks. There is a single 8-light French door, without a transom at the north end of the east wall. Two wood two-panel double-swing doors located on the north wall access the kitchen. These doors have newer shiny brass push plates. The west wall features five large arched recesses, two of which contain a pair of 8-light French doors that access the adjacent library. Lighting includes non-historic recessed cans and some small spot lights at the south end focused on the painting by Bernard Thomas that is hanging on the south wall. One historic Mission style wrought iron and glass hanging light fixture remains in the vestibule. Eight simple wood ceiling fans (pre-1988) remain in use. This room originally had light fixtures like those in the library, according to the NRHP Nomination photographs. Fire sprinklers have been added along the east and west sides of the ceiling. HVAC vents are located above the arched in the west wall. Kitchen: The kitchen has newer vinyl sheet flooring, painted 7" high wood baseboards without a base shoe, and smooth plaster walls. A dropped acoustical tile ceiling with fluorescent lights was installed in 1988-89, replacing earlier ceiling mounted fluorescent lights. Previously existing ceiling fans were reinstalled with the new ceiling according to the 1988 plans. New base and wall cabinets, plus a large commercial sink were also added then. A Vulcan gas stove is centered on the rear (north) wall. A new back door was recently installed which replicated the original wood panel and glass door that had deteriorated beyond repair. A three- light transom is located above the door. Office: This room features a carpet floor, a painted 7" high wood baseboard, and smooth plaster walls and ceilings. New laminated tall storage cabinets cover the entire south wall. Wood shutters have been G:~BLDGSVCS\COMMON~Ioynton Beach ArchXReportskBoynton Woman's Club HP Report 060204.doc 1 0 added to the interior side of the windows. Exposed I-IVAC ducts above lead to vents in the library. Pantr?/..: This room is tucked in under the northeast stairs and is accessed by a small wood two-panel door at the east end of the kitchen. It has a concrete floor and new drywall (most likely fire-rated) walls and ceiling. A hot water heater and electrical panels are located in this room. Northeast Stair: The flooring is 3 ¼" wood tongue-and-groove painted brown. The baseboard is 7" wood, also painted brown. The walls and ceilings are rough texture plaster painted white. Stair railings and balustrades are wrought iron like those at the main stairs; however, there are no handrails along the wall. The windows are 6-light wood casement; only the north window has been repaired and repainted. The east windows have not. The windows are fastened closed with a simple metal hook and eyebolt, without any other type of hardware. Light fixtures, at the ceiling, are not historic. 4.4 Interior - Second Floor Layout: The second floor contains a large foyer along the south end, which is flanked by the stairways leading up from the first floor. A large auditorium occupies the center portion of the building, with two small storage rooms at the south end. A women's dressing room and lavatory are located at the northwest comer of the building and a men's dressing room and lavatory are located at the northeast comer. A third stairwell is located in the northeast comer, east of the men's dressing room. Foyer: The foyer has a polyurethane finished 3 ¼" tongue-and-groove wood floor, which appears to be pine, running east-west. There is a 7" high painted wood baseboard with 1" quarter-round base shoe. Walls and ceiling are rough textm'e plaster, painted. HVAC ducts have been installed in a dropped soffit over the west stair. The ceiling over the east stair has only been dropped at the landing. Windows are 6-1ight wood casement with arched transoms, original crank type hardware, and newer locks. Exterior doors leading out to the south balcony are paired 5-light French doom with arched transoms. They have newer shiny brass lever style handles and new top and bottom slide locks. Two large rectangular openings, with wood trim but without doom, are located in the north wall, leading into the auditorium. Light fixtures are historic Mission style hanging wrought iron and glass. Auditorium: This large room occupies the main part of the building, with a raised proscenium stage at the north end. An elevator and HVAC and storage rooms were added to the south end of the room in 1988-89. The GABLDGSVCS\COMMON~Boynton Beach ArchLReports~Boynton Woman's Club HP Report 060204.doc 1 1 floor consists of 2 3/8" tongue-and-groove red oak, nmning east-west. This floor is slightly higher (about 3/8") than the foyer floor. The 7" painted wood baseboard is the same as in the foyer. Walls are rough texture stucco, with newer stucco at the elevator wall. Some stucco is peeling about 2 ¼ to 3 feet above the floor where a chair rail may have been at one time. The cathedral ceiling, sheathed in pecky cypress, is supported by four roof trusses also encased in pecky cypress with applied wood molding, which creates decorative panels on the sides. Metal tie rods, with turnbuckles at the center of the room, hold the bottom of the tresses together. A fire sprinkler system has been added along the east and west sides of the room, just below where the tie rods join the trusses. Sprinkler heads are placed between each truss. The north end of the sprinkler pipes feed into a new wooden box, painted to match the wall, which is attached to the north wall of the auditorium. One window, located at the north end of the west wall, is a 12-light wood casement with an extended trefoil shaped 8-light transom. This window was added when the northwest stair tower was removed for the widening of Federal Highway. There are also four sets of paired 8-light wood French doors with transoms like at the window, which open out onto the east and west balconies. One door, located at the north end of the east wall, does not have a transom above. Two wood two-panel doors, placed on each side of the stage in the north wall, access the women's and men's dressing rooms. Newer flush wood doors access the new storage areas. Light fixtures include large and small Mission style metal and glass hanging lanterns plus two candelabra type floor lamps. HVAC vents are located in the north wall above the dressing room doors. Stal~e: Large smooth cast concrete columns flank the stage opening. The raised stage floor consists of 2 3/8" tongue-and-groove flooring running east-west. The baseboard is the standard 7" high painted wood. The walls and coved ceiling are rough texture plaster, which has been painted with a landscape scene. Controls for the stage lights are located on the west wall. Women's Dressing Room: The dressing room has a separate toilet room in the northwest comer. A wall-mounted lavatory is on the outside of the toilet room wall. Steps leading up to the stage are located in the northeast comer. The floor and steps are carpeted, except the toilet room floor has vinyl tile. The baseboard is the standard 7" high painted wood. The walls and ceiling are rough texture plaster. HVAC ducts are exposed below the ceiling. Doors are wood two-panel with original hardware. Three different types of windows are used: a wood casement 12-light with the 8- light extended trefoil shaped transom on the west wall, a 3-light single wood casement (with screen removed) on the north wall of the toilet room, and a 6-light wood casement in the north wall of the dressing room. The large 12-light window was added when the northwest stair tower was removed for the widening of Federal Highway. Light fixtures include G:~BLDGSVCS~2OMMONXBoynton Beach Arch~-,eports~Boynton Woman's Club HP Report 060204.doc 12 original metal wall sconces in the toilet room and above the lavatory. The toilet and lavatory are newer fixtures. Men's Dressing Room: The men's dressing room is identical to the women's dressing room except the layout is directly opposite, with the toilet room in the northeast comer. In addition, a two-panel wood door in the east wall leads to the northeast stairway, instead of the 12-light casement window described in the women's dressing room. 5.0 Historic Preservation Recommendations 5.1 Original Historic Items to be Preserved and/or Repaired As mentioned earlier, this building has been well maintained and all of the alterations have been designed in a manner that has retained the original Mediterranean Revival style characteristics designed by Addison Mimer. Based on field investigations and a review of previous drawings, plus the National Register Nomination, a list of original historic items is presented as follows: · Wood casement windows and French doors, some with original hardware · Historic interior light fixtures in assorted styles, plus two historic exterior light fixtures at the entrance loggia · Rough texture plaster walls and ceilings · Wood 7" high baseboard · Concrete floors in the east and west loggia · Wood stairs and second floor wood flooring · Wrought iron gates leading into the library and dining room/lounge · Wrought iron railing and balustrade at all three stairways · Wrought iron balustrade at the east, south, and west balconies · Bathroom floor tiles · Bathroom wood toilet stall partitions and doors All of these elements should continue to be maintained and repaired as needed rather than being replaced, to the greatest extent possible. 5.2 Non-historic Items Similarly, based on field investigations and a review of previous drawings, plus the National Register Nomination, a list of non-historic items is presented as follows: OSBLDGSVCS\COMMONXBoyrtmn Beach ArchXReports~Boynton Woman's Club HP Report 060204.doc 1 3 · Quarry tile at entrance loggia and first floor foyer · Wood flooring in library and dining room/lounge · Some door hardware (shiny brass lever style) · Toilets and lavatories · Kitchen cabinets, fixtures and appliances · Kitchen flooring · Elevator · Exterior wall sconces at the east and west loggias and at all second floor balconies 5.3 Recommendations As has been done in the past, all future rehabilitation and maintenance of the building should follow the Secretary of the Interior's Standards for Rehabilitation, which are included as Appendix B of this Report. Recommended maintenance work in the next few years include the following: · Restore, re-glaze and repaint remaining wood casement windows and loggia doors. · Repair and repaint wrought iron balcony balustrade 6.0 References Cited Curl, Donald W. 1984 Mizner's Florida: American Resort Architecture. Cambridge, Massachusetts: The MIT Press. Monroe, Elizabeth B. 1978 National Register of Historic Places Nomination Form: Boynton Woman's Club. Tallahasseee, Florida: Florida Division of Archives, History and Records Management. October 5, 1978. Ostiguy, Lillian 2004 Personal communication by telephone between Rebecca Spain Schwarz (PBS&J Tampa) and Lillian Ostiguy (Boynton Woman's Club President) on May 19, 2004. Research Atlantica, Inc. 1996 City of Boynton Beach, Florida: Historic Sites Survey (Survey No. 4574). Prepared for City of Boynton Beach, Florida, Planning and Zoning Department. September 1996. On file at the Florida Division of Historical Resources, Florida Master Site File office, Tallahassee, Florida. G:XBLDGSVCS\COMMON~oynton Beach ArchX~ReportsXBoynton Woman's Club HP Report 060204.doc 14 Boynton Woman's Club 1010 South Federal Highway West Fa{;ade, Looking Northeast South Fagade, Looking Northeast East Facade, Looking Northwest North Facade, Looking Southwest West Fagade, Looking Southeast South Entrance Loggia and Balcony Boynton Woman's Club 1010 South Federal Hi East Lo: West Loggia, South East South West Balcony, Main Emrance Door at South Loggia East Loggia Door 2 Boynton Woman's Club 1010 South Federal Highway Second Floor Win~lows at East Stair West Loggia DoOr First Floor Southeast Window Second Floor Southwest Window Iron Grille With Cast Concrete Stone Surround Chimey Cap Detail Exterior Lantern Type Wall Sconce at South Entrance Loggia, Possibly Historic 3 Boynton Woman's Club 1010 Hi First Floor West First Floor Northeast West Stair, Looking Southwest East Stair, Looking East from Second Floor from Second Floor Library, Looking North Dining Room/Lounge, Looking North Boynton Woman's Club 1010 South Federal Highway Northeast South Bernard P. Thomas mural on South Wall of [ Dining Room/Lounge Vestibule, Looking North (Note Iron Gate) Kitchen, Looking West Kitchen, Looking East 5 Boynton Woman's Club 1010 South Hi Southeast Auditorium North ! Stage Light Controls at Southwest Comer Women's Room, West Men's Dressing Room, Looking North Northeast Stairs, Looking North Appendix A National Register Nomination Form .(..~.. ~ -S ,~. · . ~ '~l-,. - · 4'~-~ -.~,~-l,~ ~. · '~', .' .'~ ' T~ ~4~- -l- .;~1~ ~... UNtIl I)~[ XII:S I)kPART MI ~1 [)1. llll. l~il..RlOR " [FOR NPS USE ONLY NATIONAL PARK SERVICE / ~"...a~ NA~ONAL REGIS~E OF ~STORIC PLACES / .,~.:~::~ INVENTORY -- NOMINATION FORM [o~te entered ~. ~ SEE INSTRUCTIONS IN HOW TO COMPL~E NA TJONAL REG/STER FORMS ~ TYPE ALL ENTRIES -- COMPLETE APPLICABLE SECTIONS ~ ~ N ~ E SEE S~E FILE ST~F FOR ; .,~,o~,~ O~IN~ PHOTO(S) OR Boy,~on t~oman's Club ~ AND/OR COM~,ON : .................. cO~iGl~,-- . LOCATi ON 10l 0 South Fedora I Iii Rh,,,ay -'~l ~li~p~~NOT ~OR PU~LICIIlON '~-~.~ ....... i!:-~l!l c,,,. ,ow, ~ ~: ~TA~ CODE COLJNI~ COD[ ~ Florida 12 Palm Beach 099 "~CLAssIFi CATioN " , CATEGORY OWNERSHIP STATUS PRESENT USE _ n~StR~C~ _.PuflUC ~CCUP;ED ~AGR~CULTUR[ -_MUSEUM ~U~LDING(~I ~PRIVAT[ ~UNOCCUPIED ~COMM ~'RCtA L ~PARK ~, _ S'/flUCitJRE ~UOTH ._WORK IN PROGRESS ~[.DUCA HONAL ~PfllVATE RES~OENC[ l, -- O~CT ~IN PROCESS .~ RESTRICTED ~GOVE RNMENT _.SCI[N TIFIC ~BEING CONSIDE~ED ~YES. UNRESTRtCIED ~INDUSTRIAL ~TRANSPORIAIION ownkr OFPrOPERTY N~ME ...... J Bn~'nton ~o~n's Club R .-iL...' l~lO Snul'h Federal U.i~h,eay CIT'l TOWN 51 ATE Boynt,r,n It,.ach ~ wc~n~tvoe Floc icl.q 33~35 ~LOCAT1ON OF ~GAL DESCRIPTION CO~J RT$iOU~gF CITY. lO~'JN ~ATE [&::;L I% Il, B,.dch {"locid;I ~ REPRESENTATION IN EX[STING SURVEYS ~ TITLF I~ynLon [;m~n's Club [ ~ 7~ . .FEDERAL --STATE __~U~T'f ~_LOCAL ~; OEoOSl ~Oa', rot ~[~ surv~vrtcoq(~s Florida Division e[ Archives. tlisCory and Records Hanagement ,, , . . CONOITION CHECK ONE CHECK ONE }:GOOD _ RUIN5 XALTER~D . MOVED DATF .... __fAiR __UNEXPOSED DESCRIBE THE PRESENT AND OHIGINAL 0F KNOWN) PHYSICAL APPEARANCE ~]e ~oynCon Woman's Club is a two story hoilo~ clay tile boildlng of buff painted i~t,~cco w'[tb a red tile ~o-f. Addison Mizncr's typical asy,~etry is found throughout. Exterior -- We~t Facade Originally, the existing S-bay arcaded loggia and deck above was enclosed on thc south side with a cubic stair tower ~ass and enclosed on the north by a former stair Cower, ~{milar in exterior massing tn thc existing stair tower on the northeast co~ne~. Widening of Il. S. 1 required the removal of the northeast tower and the north bay of gallery. The }oggia was reduced to ~he existing f~r bays, a,d the chimney became asyn~etricaI on the west wall. ~e removal of this tower also required i~ome alteratim to the north end of the west facade. New casement windows on both floors at' the extre~ north end and tim repla~:ement of French doors with wood casements utilized the arched openings ~n both floors. On the first floor~ the seg~ncal arches of th,~ gallery spri., from rectang~llar ~tuccoed piers with simplified capitals, elm loggia has ~ moulded cornice, I,,ilt up o~ wood elc,m.,[s. Wood il~ ~,imilarly ,ned o, the deck o, facade, in all other cases, drawn plaster cornices are used. The deck has a ~ought iron railing which ~ similarly used on l:he exterior and interior stairs. On the interior, however, the hand mil{ag is a ~lar wronghc iron strap. The arched openiuiIs of [he doors end windows on chis facade differ on each level. On the first story, there arc twclwl light semi-circular fans, whcl'eas on the second story the arches are o~ nn extended trefoil shape with eight light's. The loggia floor is glazed marbelized tile, and the ceiliug is a pl.~stered barrel vault. The deck floor is scored concrete. The ~;inglt' chimney [n thc str,cturc bas a tiled hip cap arid latticed tile vent~. An additional decorative feature on this [acadc is the tabernacle-like window surround on lhe second 6tory window wblch illuminates the stairwell within. This window framed by slender cotumo~ with dcl. icatc compos~e capital, s, rest;ag om e bracketed s'[[l, and supporting a classical eatriblatt~rc 5ust below the drawn plaster cornice. Exterior -- So,th Facade The southwest stair tower (previously descri, bcd) terminnces the entrance loggia with a deck above. The loggia 'i~ open on thc cast end. The stair tower contaios sinai [ rectangular three-Light windows with wrought iron grilles, s~etriaally placed om the first story a~d a larger casement, axially placed, on the second atory. loggia consists of an extremely wide flat a~-ch outer bay flanked by two semi-circular arches spt-lnging from rectal~gular piers with simplified capitals. A drawn, plaster co~mlce i:; located between tim at'cad,, a~d the wrought iron balustcade above. ~e wa~l of the main mass contains three arched openings in the wide, central bay with wood, Fremcb doora, eight lights each and twelve-light fans above. Al.~o~ oD the first story is a typical window with a wrought iron grille. On the second ~tory, the axial com~ position over the central bay below consists of alternating wood casement windows (six lights) and French doors (ten lights). The three central bays are framed by coloncttes rc~ting on thc window mill l~ne. Also on the second story is a six light ~ofl casement window east of the axial composition. ~e loggia floor is glazed concre~ tile and the deck is scored concrete. Fo, rn Ne 10 3gOo I NIII I~.~IAII:NI)I'P0\RIM! NI (H llll IN'II:RI()R IFO'RNPSUSEONLY i NATIONAL PARK. SERVICE ~ IRECEIVED NATIONAL REGISTER OF HISTORIC PLACES INVENTORY -- NOMINAT]ON FORM fORTE ENTERED Boynton [4~man':~ Club CONTI NUATIQN SHEET ITEM NUMBER 7 PAGE [ Exterior -- Ea.~[ Facade Thi. s facade was intended to be o mirror image of the ~est facade ~[th subtle differelxces. T~o dissimilar stair towers frame the five bay loggia with a deck above. The southern~st bay of the arcaded leggin has been fi Ired in with atuccoed central,, block and a centr:,i wood casement ~indow. The flanking stz, ir towers contain typi. ca'! ~iado~s ~ith ~rought icon gcilles located off-center on the first story. the ~econd 8tory, IUD wood casement vindov~ are ay~etrLcaIIy located in the south fleetly nt an intermediate level between floats, tiood Fre[xch door~ opening into belle thc Loggia and the deck reflect those on Lhc west facade, including the fanlights -- the only difference being in t-l~e extreme noctl~ bay ~[th a single doo~' (eight on the first story and French doors ~et.in a rectangular opening on the necond story. The enclosing ~nll$ :;t both levels contain single ~ood panelled doors. The loggia floor it; glazed concrete tiles and the cai ling is barrel vaulted. The deck has a scored cotxcrete floor. The corn[cu separating the t~o tevel~ is of rood. Ext:erior -- North Facade Sine," this Es tho service end of I:he structure, i.c is the least detailed. plan, the north facade has a slightly projecting two story mass with a stair to,er to the suucheast. The rectangular ~[ndo~ openings containing 3-tight casements appear to be randomly located. A single service door to the kitchen is located in ti~ east ~all of the center bay. Interior -- First Floor The foyer extends across the south end; cwo large rooms extend long[Cud[nelly north a:~d south; serried and star.age areas oxtend across the nnrEh end. Althcmgh the t~o sets of stairs at the east and west ends of the entrance foyer are sy~etric~ placed, they t~ra entirety different. The east stairway ca~xsists of t~o runs uitb a single ;vide landing, whereas the wast stair has three runs ~ith two intermediate l'and[ngs. The typical ~ro,,ght [ran railing ~[tl, flat strap hand roll i$ identical i.,' glozed cement' tile similar to those on the exterior loggias. ~alls are painted pEasE ~ith ~ithz arches leading to the loner flights of both stairways. The ceiling is flat piaster. Ceiling lights and wall sconces ;ire hexagonal wrought iron with Tiffany-like glass inserts. The latter are undoubtedly products of Hizner Industries · in West Pal.m Beach. Thet-c ar,, t~n arches with wrangler iron gales on the ~orth wall of the foyer leading ~o the major' rooms beyond. The room on the ~eat i$ the library, with a terrazzo floor, painted plaster walls, and a plaster ceiling. ~e latter has exposed buamn supported by plastered brackets. Centered in the third bay is a large Co nti hued ( ) ~,ev 10.74, I NATIONAL PARK I RECEIVED '~" ' '; ~DATE ENTERED Boynton Woman'~ gluh CON TI NUAI-ION SHEET ITEM NUMBEH 7 PAGE 2 ; fireplace ~ith an arched opec[ag. The ~ace o~ the mantle is piaster scored in a , random ashlar pattern. The chimney breast above i.s plastered. At the north end ~ the ~est ~all the arched opening of a foonnr French door no~ contain~ a'~ood casement : ,indo~ with the original fan. A t~o-panel ~ood door leading to the kitehen is at the north end. On cite east ~nll there are two sets of glazed French door, [ceding to the "l.ounging Room," ~hich iu similar in ~ize to the li. brnry. Floors are terrazzo .:.=~ ~alls and exposed ceiling beams are plastered. Brass chandeliers are suspended ~rom "'am~t the ceil int. Six sets of French dec,ts are located in the center of the east wall ~-~ta In the north and south bays are an in-swinging glazed door with ei. ght ligilts, and a small woo,I A two wood doric [u the north typical regpect ivcl. y. lends to the kitchen. The entire north end of the building contains the restaurant- size kitchen flanked by store rooms on the ~est and east. The latter illso contains the northeast stai. c tower, although there is no access co ic from the store room. ~e ki. tcl~en floor is ~d~eet vinyl; waits and ceilings are plaster. Interior -- S,:cond Floo~' ~'~-. The pi. un al thi, floor i, al~o tripartite. At the ~outh end, a large foyer 'P~ serves tixe auditorium, adjacent to the norti,. The alternating casement windows and ~ French doors on the south wall. open to the deck above the entrance loggia with its tmscored concrete floor. Floors in the ~oyer are wood; ~alls and ceiling are In the north foyer wall, the origi, nal double doors have been removed. These cased openings lead to the vast auditorium ~ith its five bays defioed by trusses boxed ~ith a natural pecky cypress. These trusses and the pecky cypress ceiling provide a sense -~:i' · of warmth to the Large room. Iron tie rods are exposed. From each truss are sus- '::~;,~ pended t~o small and one large ~rought iron and glass light fixtures identical to '--i-.e those in the f~irst floor Foyer. French doors on both the east nnd west walls lead'to ~ the terraces above the lower galleries. As on the first floor, the French doors formerly at the north end have beet~ replaced by a casement wlndo~ which incorporates tho or'igin:~l ntill:ed tr,~foit arch above. A rectangular French door is i.n the north end of the east wail, similar to the door on the first floor. These rectangular openingn break the rl~yLhm of the f,nlighted doors, a(~d ace therefore part of the unexpected to be found in Mizner's ~ork. In tho north ~atl, there is an elevated ~ '~ sZ~ge with proscenium arch, complete with an antique, pointed canvas curtain ,iCh '~ 'Local m,.cchant adve,'tisi.g This arch is fr;m,ed by fr'ee atandlng colu~ls Ou c/ich '~ side of the stage, single two panel doors lead to dressing rooms and lavatories. q-t:~t~ In ~he <.asr wall of thc t~orthcast dresning voi~m, a door Leads to the top Landing of ~he ~,ocrhea~t stairway. Typlcnl wrought iron railings are found here. ~e ~ demolisl~ed northwest stair was identical, and has now been replaced by a solid wall .with a wi,~dow reproducing the stilted trefoil window found in the auditorium. The rear wall of the staged is coved, and si.mulnting a cycloramo. I~as ~ tropicul mural painted on it. ~11 floors on the second level are wood and the walls are plaster. ' -'{ (continued) NATIOnaL P~RK SERVICE / NATIONAL EC]STE HISTO IC I INVENTORY -- NOMINATION FORM [0ATEENTEREO ....... BoTt:Ion t¢on:an'8 Club '~ CoN'rl N tJ A'I'IO~' SHEET iTEM NUMP~ER 7 PAGE Th,? interior and ~.xt:~::{or troat, mcnrs of Eh~: RoynEc.)n ~onl0n's Ctub ate o['i~Jnal d~'aw[n~s durJn~ cons[rued{on ~uch as a di~Ec~'~n[ [~rcp[ace man~ie, addition (~f ~he sou[h loggia nnd ~he ~ev[~c(I l:ru~is~. The ox[sting [looting o[ Lb,: f~rst floor and the enclosed bay in the east loggia can be easily restored to original condi, t[on. in spice nf the ::e,~vaI of I.h(2 northwest stair tower and nocth hay o~ the w,Ist loggia, the exterior ch:~rac.~er of the bu~ldin~ is not apprec'i, ably alteve(i. The resulting asy~etvical composition of the west facade wo, ld be consistent with Mi. zner'~ ~tyle. Item Number 9 Pap, c 1 Ab.,:r. rnct of Title. Ct~lfstr,'~,,qm TilLl.~2 Comp.qny. Boynton Ileach tl[srorical SOCilt, Cy. Boynton Woman's Club hLsCoricat darn Located in , the Boyneon Bcach His~;oric.ql fiociety, Royn[on l~eneh, Flor'ida. Boynton Prog:'.ess. "Won~n's Club Announces $50,000 I!ome," June 5, t925. Boynton Woman's Club. "Boynton Beach, Palm Beach County, Florida." Boynton Beach, "Boynton Wonmn s Club History, 1909-1959." "Boynton Wo~n's Club w~ll be Oed~cated This Afternoon." Ncwsp:~pcr unknot, April 16, 1932. Chadwell, [lertha Williams. Personal commmllcations with Mrs. Herbert Keatts, 1978. Tnpe on file at the Boynton Womm~'~ Club, Boynton Beach, Florida. Contract. George tl. Boynton, Anna Parker, Edith Wrigl, t, Francis Patterson, Albert E. Parkcx' anti the Boynton Woman's Ctub. April 3, 1925. Contract. t[eaton and Adams and the ~oyncon Woman's Club. n.d. Miller, hancy. B~reha Williams Chadwel.[ t'ccalls when BoynCon was a Wilderness." News 3ou~-nal, Oecembcr I[, 1975. · . ~l~t! ~:,- ~ .,. ,11:.~: '.':: :,: · · , ; ~l.s--.~.;.r.: '.: :-1,: ' ': '-~ ~ .~ :~':- · -J ,s~' ~ ~ · t ~ .~-;'~ s t. .' '~'.. ~'. ~,~.- .... ~ SIGNIFICANCE PERIOD AREAS OF SIGNIFICANC~ -- CHECK AND JUSTIFY ~ELOW ~ ~ 600- t 699 ~9~- . ~OMMUNICa[IONS _INDUSTRY ~POUnCSzGOVERNMEN1 ~OtH[n (SPECIFY} j SPECIFIC DATES 1 ~)25 )~1~J~/ARCHITECT Acid i son Mi zner t ~TATEMEN'F OF SIGNIFICANCE ......... '['he Boynton Woman's Club i~ s~Rni[[cnn[ bo:h tot ~ts a~cb~teccu~a] merit and its contr~bution~ to the soci.~l and cult.mi development of BOylll;On Be;ich. The bu[[di,g des(gned in 1925 by Addi.~on Mizner, known for his di. stincti.ve adaptation of Spanish elements ~bich created a style that gr~-atty influenced Florida architecture in the 192On and 1930s. H~zner's building opened in I926, becominB the social hub of Boynton--which had no hotel at the time--while continuing to house tt~e to~u~s only library, which was founded by the ~om~n's Cl. ub. tn 1908, a group o~ civic minded wome~ nec i.u l~oynco~'s frame schooll~ouse Co ganize as a ~onmn's club witb thc p, rpose of contributing to the -ctfare and civic g~owCh off Boyncon. The Boynton Womnn's Cl~l) ~as fformnlly organized in Octaber, 1909, and .~,~ incorporated in 1.9~l, ac which time it ~o[ned the Florid.u Federation off ~omen's Clubs. ~s" That smue y,..ac lumber satvt~ed from a ship, reck was used to build a S[O,O00 t~ story str,.lcCure whlcl, was offffel-ed to the wom,.n a~ .n cl~d}ho,lse. In 1912. t:he first $10OO paymon ~as m~de, and ~:he ~oman's Club nccupi.ed the second floor of [l~e b, itd~ng stilt located 502 ~. Oci~an Avcnu,~, -I, il.u renting ~he ~round fflo,)z: [o I}usines~ fib;ms. The t~rtgage -j paid ~iti~in te~ years, btlt during that time the needs of the club had outgrown the small frame building, which also housed the to~n'~ o.ty library. The library was begun in 191.~ wl. tl~ bookz~ ,ton:~ted, oc left: h,d~i,d, by wint:cr gt,,:al:~ and employc,~ of tl~e Boynton Beach tlotel, and consisted of over 300 volumes which ~ere used by l:he townspeople and the 'r;l:fl:' school~.l Whe~ the membe~:s u~: Lho club sold the old building in 1924 for $10,000 voL~d ~o apply the funds toward n large[ buildins ~hLch ~ould bettor serve Boyn~on meeting place, a library, and a center for community actlvitlcs. Aboug Et~a~ ~ime, tho heirs of the to~n's fore, der. Major gat'ban S. Boynton, were piann'[ug to contcibuce [kinds to ;1 memorial for their father. Upon the suggestion of Mrs. Bertha Will Jams Chadwell (and after many conferences), Major Boynton's son and three daughters agreed I:o donate $35,000 coward the construct[on of the clubhouse, with the addicionaL money to be raised by L'he cl. ub members, bits. Chadwell, who has been living F';I~ in Boynton s~ncc 1.907, approached Palm Beach nrch~cccl: Addi::on bl~z,er, who was a ..;.~f~. ~,,- friend of b~-rs. . After learaing of the club's pta~xs, he suggested that if the building would be worl:h at le.~st $50,000, tie would donate the plans and supervise the constructiol Mizner tho,:~ht th:it with thi~ gesture hc mi. ghc cre:~t'e a feeling of good will mnong the residents and Lessen the[t- resistance Io his proposal of building a hotel in Boynton.2 I ' Addison ~lizner, of Palm Bench ami New York, was known at the time as a "world-famo~ mrcbitcct" for his significant m~d distinctive interpretation of the Spanish style. Brought to P;llm l~cnch in 1918 as the guest of P:,ri~ SLugcr, Miznec began to transform th~ ~.~ area with such buildings as the Everglades Club (19~8), the Gulf Stream Club (1923), ' ' Fo~m No ~0 300o I. NI'I I-II N I ..X'I I'..% l)t'.t~..\ R ! MI N I (H' I'lli- INTI:RI< }R [FOR NP$ USE ONLY NATIC)I~LAL PAF~K SERVIC[ / : IRECEIVEo NATIONAL REGISTER OF HISTORIC PLACES :;t;.. ~ tDATE ENTERED INVENTORY-- NOMINATION FORM ' CON'TI NU.I~IION SHEET ITEM F~UMBE~ 8 PAGE Via M[gner (192fi), anti nmneruu.~ pr[va~e residences, lie adopted Spanish architecture ~o Flor{de with his own emphnsi~ on ftnt s.s'fncas wi. th rhythmic but random ~indo~ placement, asymmetrical 'plans, loggias, and an integration of exterior design and interior (lecoration.3 Although thc Woman's Club was more conservative and elaborate os some of ~llzner's other buildings, there is still evidence of his characteristic asy~netry, variety at' window openings, chimney to-er, and overall elegance. The south entrance is flnnked by dissim[l, ar stair lovers, and the symmetry of the rest o~ the building is broken by door and windo~ treatments ~hich differ au the east 3Bd ~ast sides. The first floor i~ divided into four rooms: a full-size kitchen sweeping across the north side, a library on che west si. de, a combination dining-card room to the east, and a south loggia flanked by ~ooden stn{rcases leading to the $,,c~md floor nudLtot'imn, with irs enormous perky cypress bo~ed trusses, pro- rhroughouE the interior of the building. Some exterior alterations ~ere r~quired by the D~pa:'tment of Transportation ~hen Federal Iligh~ay was ~idencd in 1959: the northwest ~t~i.r tower and the north bay of. the west gallery were removed at that time. Itowever, ~ince ths' wimlow$ which w,:rc insrallcd after the alteration are replicas of the existing ones, very lietle of the original character was lost. Althou ~st of Mizner's buildings are in the areas around Boynton, the Woman's Club was his only dct;ign actually built there. In i. 925 he designed a proposed Boynton City Buii,li and Fire Station, but with thc collapse of the Florida land market in ]q26, it wes never built.4 Construction began on the Worn,art's Club in June 1925 when the fi~ of Heston ~ ' and Adams contcacged ~o co.piece Che $)0,000 project by October I of ~he ~4me year.) Although the building ~as f~n{shed ~n ~hc fall of 1926 thc 1nsc h~]l to ~he concracto , w~ no~ p~id ung[[ August 27. 1927 (due Co ~he ]and market collnp~e), Hnd the club further poi;tponed thc deal;cat ia. ceremony until final p~mont on the building was made On April 16. 1932, the corner rotan,: was lei. d, nnd the building nmi thc property were dedicated to the memory of Maj~.r Nathan S. BoynCon.6 Boynton came tO the area in 1897 from Michig.an, bought a n,,mber of acres, :md returned North. The tract' he acquired by purchase was legally named Boynton. and when he came back to the area in the autumn of' the same year, he built the grand Boyncon Beach Itotel. Boynton died in 191~, and his hci. rs sold a large i,ortiou of his estate in 1925, including the hotel 7 The floynton Beach Ilot ~t demolished in 1926. W~IM Another hotel, the Cassandra, was begun ~n 1925, but ~c w:~s never completed, its steel skeleton remaining until the late '1930s.8 Thus, duc to thc lc)ck of a hare[ ~n tim early days. the Wave's Glub t?s served as both thc sot:ia} :led cultural c,':)t~r of Boyntou's act[rilles since its completion in 1926. Dances, meptinlls, socials, theatricals, and innumerable other activities were held there; churches and societies organized in the club and met (Gout i hued ) [h~v 10-741 NATIONAL PARK SERVICE NATIONAL REGISTER OF HISTORIC P CES INVENTORY -- NOMINA ON FORM ENTERED CONI'I NLIJ~I'ION SHEET Il'EM HU~IBER 8 PAGE 2 ~here until Chey had ~lmir o~n bu{ld{ngs. Tim club ~ ~1~o used a~ a s~o~m she]~er b~ ~ho~e ~ho ~ere m~de homeLo~s by hu~rLc~ne~: ~nd ~ a Red Gro~s and U.~.O. dur~n~ k'orld Nar I[. The ~om~n'e Club l[br~ry ~a~, ~rom [~s incep~J.on, ~he only L{brary Ln Boyn~on, and ~as supported solely by ~he club members un~{t ~9~, ~hen ~he City Council ;igreed to pay [or a pact-time librarian. The books were not aloved from the clubhouse until 196l ,'when the city opened a permanent library buildlng.9 ~a, Boynton Woman's Club cunt inues to play an active rol. e in the city's communit'y life, as the building is constantly used by local groups for various functions. 'ti has always be~m a very public building, and is one of the very few ~;tructur,~s des igned by Addi $o:~ Hi zncr that th,~ general pt~bl it: cn:~ experience, nj. ncc Hizner's architecture served predominnntly private and exclusive: client~. And, cause of the agreement between the Boynton heir~ and the ~oman's Club, the building ~ill continue to be used ns n el.bhouse nnd will· remain n memorial to Hajor ;~ Boynton n~ long as it is o~ned by the club. "'~ 1Hca;. Bertha t4[ I I lama Chadwel I ~ pel'aolla I interview by Hr:~. Herbert Boynton Beach, Florida, Hary t2, t978. 2palm Bench Post-Tim~s, "HLzner-De:;i. gned Building llome of Active ~oman's Club," Hatch ~, 1956. 3Ch,'i st ina Or,'. Addison Nizner, Archi_leer of Dreams and Realities (Palm Beach: Norton Gallery and School of Art, Boynton Be.ach tliscorical Society, goynton k'oman's Club historical data, located in the Boynton Bench Historical Society, Boynton Beach, Florida. 5 Contract, Heaton and Adams and the Boynt:on Woman's Club, a.d. - · 6N,::~l,aper unknown, "Boynton t0o=an's Club tqill be Dedicated This Afternoon," ~ 7Roynton ~oman's Club, "Boynton 8each, Palm Bench County. Florida," (Boynton Beaqh, 19/,2). 8 · Boynton Be:ich ltistoricnl Society, Boynton t,'omnn's Club historical data. 9Kachryn Mi. tct~ell, "Library Dedication Hondny is a Dremn Come True," Palm ~MAJOR BIBLIOGRAPHICAL REFERENCES See Con~|fluat[on Sheet ~'~'0GRA.P"I riAL DATA ACRF. AGE or t~OMI~TEO PROPERTY UTM , ZONE ~ASTING NO,THING ZONE EASTING NO,THING c~li, ,I,, I I, I, !,, .I .~ ~1, I. !,, 1 V~BAL BOUNDARY DESCfllPTION A11. ~hn[ p.art .~nd parcel LiST ALL STATES AND COUNTIES FO~ P~OPE~TIES OVErLAPPiNG STATE O~ COUNIY BOUNDAmES ~ti~j' $~Art~ CODE COUNTY COCJE ~IFORM PREPARED BY .: Elizabeth S. Monroe, HLstor[c Si. res Specialist ORGANIZ~ TION DA l[ Florida hivision of Archives. liis~ry_ and R~c~r'cls Mnnng~menC Oct:obit 5. 1978 SEllEr l & NUMBER 1ELEPHONE ..g:.Da Dep,9rLment' of Statq, .Tim. Capi t,~l (904) 487-2333 .a}~gt[~a , 'fa t lahassec Florida 32306 ~ ~STA~ HISTORIC PRESERVATION OFFICER CERTIFICATION TIqE EV~LUA1 ED SIGNIFiCaNCE OF THIg PROPERTY WITHIN ~14~ ~I'AT~ I~: NATIONAL ~ STATE . LOCAL here~v flo¢llfl;lle this prope,v for JnCJJlSlOfl 111 lbo Nal~noI Registe~ Jtnd cetliJy lhal ;ghas ~en .evaluated according Jo tho TITLE DAlE I F~R~PS USE ONLY I H~RESY CERt'~ THAT THIS PROPERTY ~S INCLgDEO IN THE NATIONAL REGISTER OAIE '~ DIRECTOR. ~FFICE OF ARCHEOLOGY AND HI~TOHIC P~ESE~VATION ;~r,-- ATTES1: DA TE IHev 10-7gl t ~]]I:D~;AII~DI:I,A~'IMI:~I ()1 Itll I~'l~:~l(~ ~FORN~SUSEONLY NATIONAL PARK SERVICE / ' ' ' NA~ONAL REGIS~R OF ~STORIC P~CES . ."' ' IN VENTORY-- NOMINA~ON FORM iO~T~ ~.~n~O ~,oynr. on Wanton' s Club CONFINUAIlON SHEET HEM I'JUMEIER 9 PAGE 2 Hitchell, Kathryn. "Library DedlcaLi. on Honday is a Dream Come True." Palm Beach Post Times, April, 1961. Hizner, Addison. Bultd[ng pt~ns of Addison ~l[zner. Located in the tlenry ~orrison Flag[er ffuseum, Palm Beech~ Florida. Ne~s Journal. "BoynLon ~oman's Club Had [t~ Beginninss in 1908, November 21, 1968: 'tHizner's Artistry Leaves Hark on Area," December 29, 1977. Orr~ Chris,intl. Addison NizneK~_Arch[cect of Dreams and Realities. Palm Beach: Norton Ga[levy and Schoo[ of Arc, 1977. Palm Beach PosE-Times. "l. lizner-De~[g~ed Building llome of Accive ~oman's Club," March ~, 1956. ~nl~ s,uemo~ uoluAofl s, uetuo~ uo3uAo' LO-~8-8Z-3~8 qnl3 Boynton Woman's Club BWC-78-BW-O1 (frame 8) 8PB00098 1010 South Federal Hlshway Boynton Beach, Florida Roll # 6, Neg. # 18 Camera Facing East Appendix B Secretary of the Interior's Standards for Rehabilitation THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION The following Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consider- ation economic and technical feasibility. (1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. (2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (3) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. (5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. (6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physi- cal, or pictorial evidence. (7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. (8) Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. As stated in the definition, the treatment "rehabilitation" assumes that at least some repair or alteration of the historic building will be needed in order to provide for an efficient contemporary use; however, these repairs and alteration must not damage or destroy materials, features or finishes that are important in defining the building's historic character. For example, certain treatments--if improperly applied--may cause or accelerate physical deterioration of historic buildings. This can include using improper repointing or exterior masonry cleaning techniques, or introducing insulation that dam- ages historic fabric. In almost all of these situations, use of these materials and treatments will result in a project that does not meet the Standards. Similarly; exterior additions that duplicate the form, material, and detailing of the structure to the extent that they compromise the historic character of the structure will fail to meet the standards. Technical Guidance Publications The National Park Service, U.S. Department of the Interior, conducts a variety of activities to guide Federal agencies, States, and the general public in historic preservation project work. In addition to establishing standards and guidelines, the Service develops, publishes, and distributes technical information on appropriate preservation treatments, including Preservation Briefs, case studies, and Preservation Tech Notes. A Catalog of Historic Preservation Publications with stock numbers, prices, and ordering information may be obtained by writing: Preservation Assistance Division, Technical Preservation Services, P.O. Box 37127, Washil~gton, DC 20013-7127. 4 XII.- LEGAL ITEM A. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date F'mal Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Ci~/Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) ~ June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [~ June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal 2~ -<c:~ NATURE OF [] Announcement [] New Business "< r-' cx~ AGENDA ITEM [] City Manager's Report [] Presentation ...a ~-< [] Consent Agenda [] Public Hearing :r~ ,ag~::~ [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Review and consider Amending Ordinance 03-058, The Early Retirement Incentive Program, to~ permit otherwise eligible Firefighters to use prior military service buyback for purposes of satisfying the fifteen year eligibility requirement for early retirement. EXPLANATION: Following adoption of the Early Retirement Incentive Program (ERIP), an issue arose whether an employee could designate years of military service in lieu of years of actual service to meet the 15 years of service requirement to qualify for the Early Retirement Incentive Program. The. employee was advised that he could not participate based on prior administrative interpretation which required 15 years of actual service to the City. The employee advanced his argument on interpretation to the Firefighters'Pension Trust Fund Board. The Pension Board's February 17t~, minutes are attached and reflect a motion to amend'the ERIP Ordinance. PROGRAM IMPACT: Amendment of the ERIP Ordinance could potentially reopen issues regarding right of participation. FISCAL IMPACT: Amendment of the ordinance would add at least one employee to the group of participants in the ERIP with the corresponding financial benefits outlined in that program. ALTERNATIVES: Do not adopt the Amendment. Limit participation in the ERIP to employees who have 15 years of actual service. e ~ - City Manager's Signature Department Name / ' ~'i~'At~01r~r / FinanCe / Human Resources S:~BUI3~T1NMe'ORMSL~GENDA ITEM REQUEST FORM.DOc ORDINANCE NO. Ol-~- 0~C~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 03-058, THE EARLY RETIREMENT INCENTIVE PROGRAM, TO PERMIT OTHERWISE ELIGIBLE FIREFIGHTERS TO USE PRIOR MILITARY SERVICE BUYBACK FOR PURPOSES OF SATISFYING THE FIFTEEN YEAR ELIGIBILITY REQUIREMENT FOR EARLY RETIREMENT; PROVIDING FOR SEVERABILITY CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Florida, presently has a retirement plan and trust fund for firefighters; WHEREAS the City of Boynton Beach, Florida, wishes to recognize the valuable service of its firefighters who have been members of the United States Armed Forces; WHEREAS past service and military buyback is authorized under Section 175.032(4), Florida Statutes; WHEREAS the adoption of Ordinance 03-058 permitted employees who are within three years of early or normal retirement and who will have earned fifteen years of service with the City to participate in the early retirement incentive program; WHEREAS the Board of Trustees of the Firefighters Pension Trust Fund has recommended the passage of this Ordinance; and WHEREAS the City Council finds that the passage of this Ordinance is in the interest of the firefighters and the citizens of the City of Boynton Beach; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section h Section 2 of Ordinance 03-058 is hereby amended to read as follows: Section 2. The City Commission hereby creates an Early Retirement Incentive Program for any full-time City employee who, as of September 30, 2004, will have achieved: a. a minimum of fifteen years of employment with the City, inclusive of prior military service purchased in compliance with Ordinance No. 01-46; and b. is within (3) years of early or normal retirement. Page 1 of 2 Employees who meet both criteria for participation are hereinafter referred to as "Eligible Employees". Section 2: That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 3: Should any section or provision of this Ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4: Authority is hereby granted to codify this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. FIRST READING, this 1 day of dune~ ~2004. SECOND, FINAL READING AND PASSAGE, this day of · 2004. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATI'EST: Commissioner City Clerk Commissioner (CORPORATE SEAL) Page 2 of 2 MINUTES OF THE MUNZCIPAL FIREFZGHTERS' PENSION TRUST FUND QUARTERLY MEETING HELD IN CONFERENCE ROOM C, WEST WING, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 17, 2004 AT 4:00 P.M. PI I P Il Present Mike Smollon, Chairman Barbara LaDue, Pension Administrator .lohn Gesch Adam Levinson, Board Attorney Luke Henderson (arrived 4:ZS p.m.) Bill Bingham, Fire Chief Larry Schone Absent: Robert Taylor CALL TO ORDER Chairman Smollon called the meeting to order at 4:00 p.m. II. AGENDA APPROVAL Attorney Levinson added to the agenda under Attorney's Report: Proposed Early Retirement Incentive Ordinance, IVlemo Re. Senate Bill 65,~ ("HB 654,'3, and January 26, 2004 letter to Chair Smollon Re. Pre-employment physicals. Ernie Mahler of Smith Barney explained that he was not going to be doing the Statement of Investment Policy as shown on the agenda. He wanted to talk about Alliance Bernstein/Sanford Bernstein instead. The agenda was approved as amended. III. MINUTES APPROVAL November 18, 2003 FINANCIAL REPORTS A. Attorney Report- Adam Levinson Attorney Levinson stated that this was an important meeting because the trustees were hearing for the first time from the Board's new auditors. The reason the Board brought in a new auditing firm was that it had been using the City's auditors and thought it would be useful to have a new set of eyes look over the books. Meeting Minutes Firefighters' Pension Fund Quarterly Meeting Boynton Beach, Florida February 17, 200,t Pre-employment Physicals Draft Memo from Adam Levinson dated 1/26/04 Attorney Levinson presented a recommendation that consideration be given to adding cardiac stress tests, x-rays of the C-spine and lower back, and blood tests for hepatiUs and tuberculosis to pre-employment physicals. This would help establish a baseline against which comparisons could be made in the future in the event of a disability application. Also, having the baseline established before hire could be of benefit to the disability retiree, who would be entitled to presumptions that would not be possible without the baseline evidence. Chair Smollon stated that these tests were being done now with the exception of the C- spine. Chief Bingham will follow up with Deputy Chief Ness. Attorney Levinson said that since the City had changed medical providers recently, it was important to know the location of the old and the exisUng records. If a recluisiUon were to be made to destroy the records, it should be made clear that the records are the property of the Pension Board and the City of Boynton Beach. Mr. Gesch suggested that the Board or the City should have a signed confidenUal release form stating Plan ownership of the records. Attorney Levinson agreed and will bring a standard release form to the next meeting. Firefighter Service - Dispatcher Attorney Levinson stated that pursuant to Chapter 175, Section 175.032 of the Florida Statutes, creditable service is stdcUy limited to service as a firefighter or military service in the Armed Forces of the United States. Therefore, prior dispatch service would not be eligible for purchase. Senate Bill 654 Attorney Levinson asked Ms. LaDue to put this item on the agenda for the next Board meeting. The bill, if it passes, would provide for the creation of an insurance tax database, which should offer a more predse rendering of the actual facts. Also, the bill amends the deflniUon of"extra benefits," although this is currentl~ in liUgation between the League of Cities and the Division of Retirement. The question is whether or not the excess Chapter money, if used exclusively for future benef~s, would be cost neutral. Attorney Levinson will discuss this with the Plan actuary. Early Retirement IncenUve Program The City passed an Ordinance giving a person the ability to buy some time and reUre with an earlier retirement date as long as they are within 3 years of early retirement. When the ordinance was written, it was not written in such a way that a person 2 Meeting Minutes Firefighters' Pension Fund Quarterly Meeting Boynton Beach, Florida February 17, 2004 purchasing prior military service would definitively be entitled to use their prior military service for purposes of eligibility for that early retirement incentive. Attorney Levinson presented a draft ordinance amending the ERIP ordinance passed by the City last fall to permit otherwise eligible employee~ to u~e pr/or military serv/~e buyback for purposes of sa#sfying the fifteen year eligibility requirement for early retirement. Chair Smollon referenced the individual who would benefit by this change and stated that it was the Board's intent to make this change retroactive to allow this individual to participate in the current ERIP. Motion Mr. Henderson moved to present an ordinance amendment to the City Manager, with a request to forward it to the City Commission for action. The intent of this Board is to make this amendment retroactive to allow participation in the current ERIP by affected individuals. Mr. Schone seconded the motion. Chief Bingham said that the City Manager was concerned that if any changes were made to the ERIP, it would not have to go back and be redone all over again as far as Commission approval, first and second reading, and so forth. Attorney Levinson said it was not a new ERIP ordinance, but the existing one with the clarification that military time counts for the 15-year eligibility. Ms. LaDue verified with Attorney Levinson that this only applied to the firefighters. Ms. LaDue stated that the General Employees Pension Board had been considering buying back former military service for some time. Between now and the end of this ERIP, that could be put into place. Chair Smollon said they had missed the deadline and would have to negotiate this on their own. Attorney Levinson said he could clarify in his letter to the City Manager that this ordinance would strictly apply to firefighters because it refers to Ordinance 01-46. Heqi add that if the City was so inclined, it could be revised to include military Ume for any other groups. Vote The motion passed unanimously. President's 13u~lget - Retirement provisions When the President produced his budget last month, there were retirement provisions in it. None of them affect defined benefit plans. Still, it was interesting to see that the Federal government is interested in darificaUon and tax simplificaUon. They mentioned , )(D*. - LEGAL · ITEt4 A. 2 CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fc~rm Must be Turned · Meeting; Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] AphI6,2004 March l5, 2004 (Noon.) '~ Jtmel,2004 May l7, 2004 (Noon) [] April20,2004 April 5, 2004 (Noon) [] June l5, 2004 May 31, 2004 (Noon) ~ C'~"~ [] May4,2004 April 19,2004(Noon) [] July6,2004 June 14,2004(Noon)- ~ [] May 18, 2004 May 3, 2004 (Noon) II July 20, 2004 July 5, 2004 (Noon) ~ w,."~l~. * [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] UnFinished Business RECOMMENDATION: To amend the City's Land Development Regulations (LDR), Chapter 7 - Surety. EXPLANAT/ON: The City Commission has previously adopted the LDR via Ordinance No. 095-02 on April 4, 1995, and revised numerous requirements of the LDR as they then existed, specific technical changes being via Ordinance No. 02-033 (dated August 20, 2002) and Ordinance No. 03-018 (dated June 3, 2003), which require certain approvals, determinations and directives associated with said technical services as issued by the city engineer. After further study of the LDR, the Public ' Works/Engineering Division needs to incorporate the acceptance of development surety bonding and periodic reduction(s) of same as an administrative function, while maintaining thc final release of said surety a function of thc City Commission. Tl'd.s- will expedite said bonding requirements, while reducing the periodic paperwork brought forth to the City Commission for routine periodic bonding reduction. PROGRAM IMPACT: All bonding final release request(s), will continue to be presented to thc City Commission for action and/or ratification. FISCAL IMPACT: TBD ALTERNATIVES: The existing Chapter 7 of.the LDR will continue to be deficient in those bonding reduction procedures that are periodically routine. Department Name { City Attorney/~inance / Human Resources .- S:~BULLETINSFORMS'~AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 04 O 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 7. SURETY; ARTICLE I. IN 6 GENERAL. PROVIDING FOR CLARIFICATION OF 7 PROCEDURE FOR HANDLING OF SURETY; PROVIDING 8 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND 9 AN EFFECTIVE DATE. 10 ! 1 ~VHEREAS, in an effort to streamline the procedure for acceptance and releasing of 12 and to better accommodate the public, staff has reviewed and made recommendations 13 amend Chapter 7. Surety to reflect several changes; and 14 WHEREAS, the City Commission has deemed it appropriate and in the best interests 15 )f the residents and the commtmity to amend the Land Development Regulations, Article I. 16 :er 7. Surety, as follows: 17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 CITY OF BOYNTON BEACIt, FLORIDA, THAT: 19 Section 1. The foregoing whereas clause is tree and correct and is now ratified and 2O City Commission. 21 Section 2. That Chapter 7. Surety. Article 1. In General. Is hereby amended by 22 the words and figures in underlined type and by deleting words and figures in struck- 23 type, as follows: 24 I. IN GENERAL 25 26 Section 1. Purpose. 27 28 This policy delineates specific criteria and prerequisites for accepting surety by the 29 city in conjunction with developer agreements, contracts, development related 30 improvements and any other contractual obligations. 31 32 Section 2. Applicability. 33 34 A. When Required. 35 36 Wherever surety is required within the Boynton Beach Code of Ordinances and/or 37 Land Development Regulations it shall be provided in the form and manner 38 prescribed in Section 3 hereinafter. The type of surety shall be determined by the :\CA\Ordinances~',LDR Changes'Ca'ndending LDR Chapter 7 - Surety.doc 1 administrator of the code section involved, and shall be acceptable to the Boynton City Att ~.,,~ r~;,., r, .... 2 Beach omey ....... .~ 3 4 B. Amount. 5 The amount of surety shall be equal to or greater than 110% of the total obligation 6 whether it be for restoration, abatement, maintenance, guarantee, fees in lieu of land 7 dedication, required improvements or any other purpose. 8 C. Periodic reduction of surety. 9 From time to time during progress of the work the developer may request 10 ~ a reduction in the dollar amount of the surety on the basis of work 11 completed, but in every case the remaining funds shall be sufficient to cover 110% of 12 the cost to complete the obligation. In the case of surety for required improvements 13 associated with subdivision development, five (5)per cent of the engineer's certified 14 cost of required improvements shall be retained for one (1) year after acceptance of 15 such improvements by the City Commission as a guarantee against defects in 16 workmanship and material. The final release in surety of the remaining balance of the 17 surety, by letter of credit or other instrument, shall be approved by motion 18 r-esotuOoe~of the City Commission, with the wr/tten recommendation by the 19 appropriate department and/or the city engineer. 20 D. In the event of default by the developer or failure of the developer to complete the 21 obligations within prescribed time limits, the city, after thirty (30) days written notice 22 to the developer, shall cash the surety to insure satisfactory completion of the 23 obligations. 24 25 Section 3. Types of Surety. 26 A. Letters of Credit. 27 1. The face of the letter of credit must indicate the following: 28 a. The letter of credit is "clean". 29 b. The letter of credit is irrevocable and shall remain enforceable until by pt by City 30 released a resolution ado ed the Commission, or ,CA\Ordinances~LDR Changes~mdending LDR Chapter 7 - Surety.doc 4 c. The pu~ose of project for which the letter of credit is issued. 5 d. The specific mount of the letter of credit, in U.S. Dollars. 6 e. The method of distribution of draws against the letter of credit. 7 f. ~e street address where draws against the letter of credit shall be made. 8 9 g. The letter of credit is enfomeable in a cou~ of competent jmsdiction in 10 Palm Beach Co~ty, Florida, and is to be inte~reted by Florida Law. 11 h. The nme and street address of a desi~ated agent wi~in the State of 12 Florida for accept~ce of process. 13 *** 14 5. No letter of credit shall be deemed accepted by the ciW until koJ .... ~.~.~.~; .... ~ 15 ~h,,~ of ,h~ ~., ~ .... ~oo;~. c~n .... ~-~ review ~d approval by ~e city 16 a~omey's office for legal sufficiency, ~d by ~e finance dep~ent for the b~'s 17 rating. 18 *** 19 B. CASH, CERT~D CHECK, CASH~R'S CHECK. Completion of~e req~red 20 improvements may be secured by cash d~osited by the developer with the ciW or in 21 ~ accost subject to ~e consol of the city in accord~ce wi~ an ageement on such 22 d~osit or account. No interest shall be earned on such d~osit or accost. 23 24 C. PE~O~CE OR S~TY BO~. Completion of ~e required 25 improvements may be sec~ed by a perfo~ce or s~ety bond obtahed from a 26 comply acceptable to the city in accord~ce with the city policy on peffo~ce 27 bonds. It shall gun,tee ~at all work will be completed in full accordance wi~ the 28 approved l~d development pe~it ~.r ............. ~, k~.a ~k,~4~a., . w~. ~ 31 *** 32 E. Tha Fin~ce Dap~ment shall maintain ~ indax of all s~eW, indicating Ot a 33 minim~, ~e project n~e, the ~ount of sureW, then n~es ~d contact 34 i~o~ation for all obliges of the sure~, the date posted~ ~e date reduced ~d the date ,CA~dinances~DR Chang~md~ding LDR ~apt~ 7 - SureW. d~ 1 released. 2 3 Section 3. Each and every other provision of the Land Development Regulations 4 aot herein specifically amended, shall remain in full force and effect as originally adopted. 5 Section 4. All laws and ordinances applying to the City of Boynton Beach in 6 :onflict with any provisions of this ordinance are hereby repealed. 7 Section 5. Should any section or provision of this Ordinance or any portion 8 hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 9 ~ffect the remainder of this Ordinance. 10 Section 6. Authority is hereby given to codify this Ordinance. 11 Section 7. This Ordinance shall become effective immediately. 12 FIRST READING this I day of June, 2004. 13 SECOND, FINAL READING AND PASSAGE this __ day of 14 une, 2004. 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 18 Mayor 19 20 21 Vice Mayor 22 23 24 Commissioner 25 26 27 Commissioner 28 29 30 Commissioner 31 ~TTEST: 32 33 34 fity Clerk 35 36 :\CA\Ordinances~LDR ChangesXAmdending LDR Chapter 7 - Surety.doc XII. - LEGAL ITEM A.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) t~ June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] Ma)' 4, 2004 April 19, 2004 (Noon) [] ~July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve amendments to Chapter 2, "Administration", Article V, "Code Compliance Board" Section 2-91, "Violations and Penalties", and Chapter 9, "Fire Protection and Prevention," Article I, "Penalty for Violations" to provide for enforcement ofF[re Code Violations through the Code Compliance Direct Citation Process. EXPLANATION: The City's Fire and Life Safety Division has determined that it is in the City's best interest to provide the necessary enforcement authority to its fire inspectors in order to allow the fire inspectors to enforce fire code violations through the City's Code Compliance direct citation process. PROGRAM IMPACT: In order to provide the City fire code inspectors with an additional enforcement mechanism, if adopted, this Ordinance will clearly provide the necessary authorization to allow the Fire Code Inspectors to issue citations to property owners who are not in compliance with the City's Fire Code provisions. In the event the property owner does not comply with the original Notice to Correct Violation, the Fire Inspector will then have the ability to file a citation with the County Courts. FISCAL IMPACT: N/A ALTERNATIVES: N/A // City Attorney Department Name 't Cit33 Attorney / Y~h/mc6'/-Human Resources S:kBULLETINkFORMSkAGENDA ITEM REQUEST FORM.DOC I ORDINANCE NO. 04-Ge4 ! 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", 5 ARTICLE V, "CODE COMPLIANCE BOARD", SECTION 2-91, 6 "VIOLATIONS AND PENALTIES"; AND CHAPTER 9, "FIRE 7 PROTECTION AND PREVENTION," ARTICLE I, "PENALTY 8 FOR VIOLATIONS", TO PROVIDE FOR ENFORCEMENT OF 9 FIRE CODE VIOLATIONS THROUGH THE CODE 10 COMPLIANCE DIRECT CITATION PROCESS; PROVIDING 11 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the City of Boynton Beach Fire and Life Safety Division has 15 letermined that it is in the City's best interest to provide the necessary enforcement 16 tuthority to its fire inspectors in order to alloxv fire inspectors to enforce fire code 17 ,iolations through the City's Code Compliance direct citation process; and 18 WHEREAS, the City Commission has determined that it is in the best interests of 19 he residents and citizens of the City of Boynton Beach to amend Section 2-91 and 20 2hapter 9 of the Code of Ordinances to specifically provide for the ability of fire 21 aspectors to enforce fire code violations through the direct citation process. 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 23 )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 25 ection 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 Being tree and correct and are hereby made a specific part of this Ordinance upon 27 doption hereof. 28 ',ec'tion 2. Chapter 9, "Fire Protection and Prevention," Article I, "In General," Section 29 ~-1, "Penalty for violations" of the Boynton Beach Code of Ordinances, be, and the same 30 ; hereby amended to read as follows: Page 1 of 3 1 Sec. 9-1. Penalty for violations. 2 (a) Any person violating any provision of this chapter 3 )r the fire prevention code adopted in this article shall be punishable in 4 ~ccordance with the provisions of Sec. 1-6, Sec. 2-83, and Sec. 9-1 5 6 (b) It shall be unlawful for any person to violate the 7 National Fire Codes, or to refuse to obey any provision or regulation $ :hereof, under the penalties provided in Sec. 1-6, Sec. 2-83, and Sec. 9-1 9 10 (c) The application of a penalty for violation of this 11 :hapter shall not be held to prevent the enforced removal of prohibited 12 :onditions. 13 14 Section 3. That Chapter 2, "Administration", Article V, "Code Compliance 15 3oard", Section 2-91, "Violations of Penalties", of the Boynton Beach Code of 16 2)rdinances, be, and the same is hereby amended to read as follows: 17 ~8 SCHEDULE OF CIVIL PENALTIES ; 9 UNIFORM FINE SCHEDULE Fine 20 Class I $ 50.00 2! Class I1 $ 75.00 22 Class m $125.00 23 Class IV $250.00 24 Violation Fine Class/ Fine Class/ 25 First Offense Second 26 )ffense 27 28 Violations of Fire Code, Chapter 9 IV IV 29 30 31 Section 4. Should any section or provision of this ordinance or portion hereof, Page 2 of 3 1 paragraph, sentence or word be declared by a court of competent jurisdiction to be 2 nvalid, such decision shall not affect the remainder of this ordinance. 3 Section 5. Authority is hereby granted to codify said ordinance. 4 5 Section 6. This ordinance shall become effective immediately upon passage. 6 7 FIRST READING this [ day of ~ ,2004. 9 SECOND, FINAL READING AND PASSAGE this day of 10 ,2004. 11 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor 16 17 18 Vice Mayor 19 20 21 Commissioner 22 23 24 tTTEST: Commissioner 25 26 27 r Clerk Commissioner 28 29 SEAL) 3O 31 32 33 _FS~LIBRARYX1990\900182.BB\ORDXFire Code Violations (Direct Citation).doc Page 3 of 3 XII. - LEGAL ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested Cily Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6.2004 March 15, 2004 (Noon.) [] June l, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal ~ "~ ~:~ NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve amendments to the enclosed revision of Chapter 2, Article 5, Sections 2- 84 through 2-90 of the Boynton Beach Code of Ordinances. (Exhibit "A") EXPL)2qATION: The primary change to the current Ordinance occurs in Section 2-90 {6) requiring payment within 90 days of approval by the City Commission or the reduction becomes null and void. This eliminates the bookkeeping that goes with applicants making partial payments over an extended period of time. The other changes involve cleaning up of existing language and have no impact on the application of the Ordinance. PROGRAM IMPACT: Decrease in staff time used in tracking payments of lien reduction settlements. FISCAL IMPACT: No impact. ALTERNATIVES: Not approve amendments_as presented. D~epa~rtment Head s Signature ~ Cit~Manager's Signature Department Name t CitfAtt~me~t]/~thance / Human Resources S:'~ULLETIN\FORMS~AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE 04- 2 AN ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA; 4 AMENDING CHAPTER 2. 5 ADMINISTRATION, ARTICLE 5. CODE 6 COMPLIANCE BOARD, SECTIONS 2-84 7 THROUGH 2-90, PROVIDING FOR 8 CLARIFICATION AND SETTING 9 PROCEDURES REGARDING LIEN 10 REDUCTIONS FOR CODE BOARD 11 ORDERS; PROVIDING FOR PROVIDING 12 FOR CONFLICTS, SEVERABILITY, 13 CODIFICATION AND AN EFFECTIVE 14 DATE. 15 WHEREAS, staff has recommended that Chapter 2. Administration, Article 5 of the 16 Code of Ordinances of the City of Boynton Beach, should be amended in order to lend 17 clarification to the Code Compliance Board Lien Reduction process; and 18 WHEREAS, the City Commission deems it to be in the best interests of the 19 community and the residents of the City of Boynton Beach to amend Section 2-84 through 20 Section 2-90 of the Code of Ordinances to reflect the recommendations of staff, and provide 21 a clarification regarding the procedures for the lien reduction of Code Compliance Board 22 Orders; 23 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 24 Boynton Beach, Florida, as follows: 25 26 SECTION 1. That Chapter 2. Administration, Article 5. Code Compliance Board, is 27 hereby amended by adding the words and figures in underlined type, and by deleting the 28 words and figures in struck-through type, as follows: 29 30 Sec. 2-84. Lien reduction procedure. 31 The lien reduction procedure is applicable to a ~m--v,q~,c~lien, which is in effect 32 subsequent to the issuance of an affidavit of noncompliance, pursuant to section 2-79, 1 2 3 Sec. 2-85. Criteria for lien reduction. 4 The following criteria must be complied with prior to a lien reduction hearing before the 5 cC_ode eCompliance bBoard: 6 7 (1) The property in question must be in total code compliance and an affidavit of 8 compliance must be issued for the code ~Compliance case that is 9 being appealed. 10 11 (2) The subject property must be free of all outstanding debts (including taxes) 12 due the city. 13 17 18 ~(3) An application fee of two hundred doll.s ($200.00) must be included for the 19 application to ~ pr~essed. 20 21 Sec. 2-86. Application for lien reduction. 22 The ~'-;~;"~ ~m.;,,~ Code Compliance Administrator or his desi~ee shall provide the 23 application for a lien reduction he~ng. The application will be included with the affidavit of 24 compli~ce issued by the e~ode enforcement 'aflm~n]g*~atvr Compliance Division. A 25 complete application must accompany each lien reduction request that is to be he~d ~fore 26 the b~oard. 27 28 Sec. 2-87. Application fee for lien reduction. 29 A fee of two hun&ed doll~ ($200.00) shall accomp~y the initial reduction application 30 with a fee of fifty dollars ($50.00) for each additional lien ~"-'; ........... ..... vv~;"~"~ recorded 31 ag~nst the prope~y ~ "';'~ *~ ;~;*;~ .~a.,.,; ...... u.~,~. If all criteria for lien 32 ge not met under section 2-85, ~e applic~t shill be reimbursed one-hflf ~e 33 of the application fee. If after it h~ been dete~ned that ~e criteria under s~fion 2- 34 have not been complied with ~d the application re~med to ~e applic~t, a new 35 application and fee must be sub~tted for a lien reduction being. 36 37 Sec. 2-88. Lien reduction procedure. 38 A p~y requesting a lien reduction must sub~t a complete lien reduction application to 39 ~e ~ode ~Compliance d~v~g]on Division of ~e bu]l~]ng Police ~ 40 Dep~ment upon receiving verification that all con~tions ~e complied with as stated in 42 ~~e ~ompli~ce AM~s~ator or desi~ee will pr~ess the application 43 and detemne ~at ~1 r~uired criteria have been complied with under city or~n~ce, ~cfion ~ 2-85. If the applicant does not qu~ify for a he~ng under section 2-85, the p~y will ~ 45 notified in writing of the repons ~d refunded one-h~f of the application ~fees. If the 46 reduction application is complete, the case will be placed a lien re~uctien ~emqng sh'~2! ~e 1 ~,..,,,.u~..,~.~"~'~'~"~ on the next available cz~!e Code ,~,~,J.v,....~; ...... Compliance ~-~,.,..,,~ Board Lien 2 Reduction Aeenda .' .ageing. The appealing party will be notified in writing of the scheduled 3 date of the hearing at least five (5) days prior to the hearing date. Th~ ............. ~ ....... be .hekl at 4 a .....~ ....... '; .... r ,~. .... ~ ...... ~; ...... ~. ...... ~ A quorum must be present for the board to 5 hear a lien reduction and a majority of the entire board must vote in the affirmative for a lien 6 to be reduced or waived. The c.a~e Code eCompliance nforcem, ent aAdministrator shall 7 submit the board's appeaPLien Reduction Oorder to the city clerk, legal department and the 8 city manager. The code enforcement Compliance aAdministrator or his designee shall notify 9 the applicant in writing of the bBoard's appeal-Lien Modification order within seven (7) days 10 following the entry of the order and of the date of the next eCity eCommission meeting when 11 the e_Commission shall hear the bBoard's recommendation if required., 12 13 Sec. 2-89. Conduct of hearing for lien modification. 14 The eCode eCompliance bBoard at a lien modification hearing shall make one of the 15 following determinations: The lien shall be waived in full, reduced to a specified amount or 16 shall be upheld in full. The bB_oard shall hear all the facts regarding the specific code or 17 codes the appealing party was in violation of, the date of the original ~,,,ard Board hearing, 18 the date the affidavit of noncompliance was issued, the date the affidavit of compliance was 19 issued, the current lien amount and all pertinent information relating to the specific case, 20 prior to the bB__oard making its determination and order. The lien modification hearing shall 21 not be a hearing de novo of the original case. 22 23 Sec. 2-90. Final orders issued in lien modification hearings. 24 Final orders shall be issued in lien modification hearings in accordance with the following 25 procedure: 26 27 (1) The Code Compliance Board shall issue its order in lien modification hearings 28 in writing in a form approved by the City Attorney. Immediately following 29 rendition of lien modification order, the City Clerk shall furmsh a copy of the 30 order along with minutes of the Code Compliance Board's meeting to the City 31 Commission. 32 (2) Lien modification order issued by the Code Compliance Board shall be final 33 unless a City Commissioner or an aggrieved party takes exception to the final 34 order within seven days of rendition of the order. 35 (3) A City Commission or an aggrieved party may request a review of a Code 36 Compliance Board's order by notifying the City Manager or his/her designee 37 of the intent to do so. If review of a Code Compliance Board's order is 38 requested, the City Commission shall review the order of the Board within 39 thirty (30) days of the request for review. On review, the City Commission 40 may hear the position of the property owner, a Code Compliance Board 41 representative, or may rely upon the minutes of the Code Compliance Board 42 proceeding regarding the propriety of the lien modification. 43 (4) The City Commission shall make one of the following rulings: 44 45 a. Affirm the Code Compliance Board's final Board order in full. 1 c--:.. Modify the Code Compliance Board's final order. [ 2 3 (5) The Commission shall direct the administration to take action consistent with 4 the acceptance, rejection, or modification of the Code Compliance Board 5 order. 6 7 (6) The property owner shall be advised that in the event the property owner does 8 not comply with the Code Compliance Board order, as approved or modified 9 by the City Commission, within ninety (90) days of the Commission's action. 10 then the Code Compliance Board's Lien Reduction Order shall be of no 11 further force or effect, and the original lien shall remain on the property. No 12 extensions of the ninety (90) day period shall be permitted, and no further 13 action by the Code Compliance Board or the City Commission shall be 14 permitted regarding lien reduction. 15 16 17 SECTION 2. Each and every other section of Chapter 2. Administration, Article 5. 18 Code Compliance Board, not herein specifically amended shall remain in full force and 19 effect. 20 SECTION 3. Should any section, provision, paragraph, sentence, clause of word of 21 this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be 22 unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall 23 not affect the validity of the remaining portions or applications of this Ordinance. 24 SECTION 4. That all Ordinances or parts of Ordinances, Resolutions or parts thereof in 25 conflict herewith, be and the same are hereby repealed to the extent of such conflict. 26 SECTION 5. It is the intention of the City Commission of the City of Boynton Beach, that the 27 provisions of this Ordinance shall become and made a part of the Code of Ordinances of the 28 City of Boynton Beach, Florida, and that the Sections of this Ordinance may be renumbered, re- 29 lettered and the word "Ordinance" may be changed to "Section," "Article" or other word or 30 phrase in order to accomplish such intention. 1 SECTION 6. This Ordinance shall become effective immediately upon its passage and 2 adoption. 3 FIRST READING this __ day of ,2004. 4 SECOND, FINAL READING AND PASSAGE this __ day of , 5 6 2004. 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 26 City Clerk 27 28 29 30 31 32 XII. - LEGAL ITEH B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 7, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31,2004 (Noon) [] May4,2004 April l9, 2004 (Noon) [] July6,2004 June l4, 2004 (Noon)'~' --~"< [] MaylS, 2004 May 3, 2004 (Noon) [] July20,2004 JulyS, 2004(Noon) [] Administrative [] Legal NATtaU OF [] m ouncement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation co [] Consent Agenda [] Public Heating [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the June 15, 2004 City Commission Agenda under Legal, Ordinance-First Reading. The City Commission approved this request under Public Hearing on June 1, 2004. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 04-112. EXPLANATION: PROJECT: Largo Pointe (ABAN 04-001) AGENT: Juan Perez, Moraitis, Cofar & Kamey OWNER: Phegley Corporation LOCATION: North side of Southwest 19' Avenue, approximately 800 feet east of Congress Avenue DESCRIPTION: Request for abandonment of the roadway portion of an unimproved roadway/utility easement. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATI~ a N/A D~q'op~n~n~ D~a~tme~'Director ' City Manager's Signature Planning and Zonin_~Director '~* City Attor~'/Finance / Human Resources SSPIanningXSHARED\WPXPROJECTSXLargo PointeXABAN 04-001XAgenda Item Request Largo Pointe 044)01 1st reading 6-15-04.dot S:~BULLETINWORMS%GENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 04- 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 OF A ROADWAY PORTION OF A 270 FOOT LONG 6 UNIMPROVED ROADWAY/UTILITY EASEMENT ON 7 THE NORTH SIDE OF SOUTHWEST 19TH AVENUE, 8 APPROXIMATLEY 400 FEET EAST OF CONGRESS 9 AVENUE; (ABAN 04-001), SUBJECT TO STAFF lo COMMENTS; AUTHORIZING THE CITY MANAGER 11 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 12 RECORDED WITH THIS ORDINANCE IN THE 13 PUBLIC RECORDS OF PALM BEACH COUNTY, 14 FLORDA; AND PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, the City of Boynton Beach is requesting abandonment of a 18 oadway/utility easement on the north side of Southwest 19th Avenue, approximately 400 feet 19 ast of Congress Avenue, subject to staff comments unimproved 15-foot wide alley right-of- 20 ray located between N.E. 8th Avenue and N.E. 9th Avenue, subject to staff comments; and 22 WHEREAS, comments have been solicited from the appropriate City Departments, 23 nd public hearings have been held before the City's Planning and Development Board, and 24 ne City Commission on the proposed abandonment; and 25 26 WHEREAS, staff has determined that the roadway provides no public service; and 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 7HE CITY OF BOYNTON BEACH, FLORIDA THAT: 30 31 Section 1. The foregoing Whereas clauses are true and correct and incorporated :32 erein by this reference. 3:3 34 Section 2. The City Commission of the City of Boynton Beach, Florida, does 35 ereby abandon a roadway portion of a 270 feet long unimproved roadway and utility 36 asement located on the north side of Southwest 19th Avenue, approximately 400 feet east of 37 ~ongress Avenue, and more particularly described in the attached Exhibit "A." A location 38 nap is attached hereto as Exhibit "B." 40 Section 3. The City Manager is hereby authorized and directed to execute the 41 I~ttached~~ner and cause the same to be filed, with this Ordinance, in the Public 42 ]Records of palm Beach County, Florida. 43 44 Section 5. This Ordinance shall take effect immediately upon passage. 45 46 FIRST READING this __ day of ,2004. ~:A~Ordinances~bandonmentsV~bandonement - Largo Pointe.doc 1 2 SECOND, FINAL READING AND PASSAGE THIS day of 3 4 ,2004. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 9 Mayor ~0 11 12 Vice Mayor 14 15 Commissioner 16 18 Commissioner 19 20 21 Commissioner 22 [TTEST: .4 25 2ity Clerk 26 27 28 :\CA\Ordinances¥~bandonments'V~bandonernent - Largo Pointe. doc EXHIBIT "A" Tract A of "Christian Villas PLAT No. 2", according to the Plat thereof, as recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Florida. ~CA\OrdinancesV~3ndonments~bandonement - Largo Pointe.doc ~b,' i~Z Z~q ............ ~': qq bUUU CITY'CLERK PA~ 84/88 Location Map ~RGO POIN~ R3 PUD / C3 PC 1 2 3 DISCLAIMER 4 5 KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, 6 ~orida, a municipal corporation, under the laws of the State of Florida, does hereby abandon 7 t roadway portion of a 270 feet long unimproved roadway and utility easement located on the 8 ~orth side of Southwest 19th Avenue, approximately 400 feet east of Congress Avenue, and 9 nore particularly described in the attached Exhibit "A". 10 11 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton 12 leach, Florida, have hereunto set their hands and affixed the seal of the City this __ 13 lay of June, 2004. 14 15 iTTEST: CITY OF BOYNTON BEACH, FLORIDA 17 anet Prainito Kurt Bressner, City Manager 18 ;ity Clerk 20 .TATE OF FLORIDA ) 21 )ss: 22 :OUNTY OF PALM BEACH ) 23 BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and 24 anet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, 25 "lorida, known to me to be the persons described in and who executed the foregoing 26 astmment, and acknowledged the execution thereof to be their free hand and deed as 27 uch officers, for the uses and purposes mentioned therein; that they affixed thereto the 28 ~cial seal of said corporation; and that said instrument is the act and deed of said 29 orporation. 30 WITNESS my hand and official seal in the said State and County this __ day of 31 ane, 2004. 32 33 NOTARY PUBLIC, State of Florida 34 My Commission Expires: 35 \CA~Ord~nances~:)andonments~,~bandonement - Largo Pointe.doc EXHIBIT "A" Tract A of "Christian Villas PLAT No. 2", according to the Plat thereof, as recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Florida. S:\CA\Ordinances~andonments~mndonement. Largo Pointe. doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-1t2 TO: Chairman and Members Planning and Development Board THRU: Michael W. RumpfI~/-~ Planning and Zoning Director FROM: PlannerMaxime Ducoste-A~ DATE: May 14, 2004 SUBJECT: LARGO POINTE .Abandonment of the roadway portion of a 30-foot wide roadway and utility easement. (ABAN 04-001) NATURE OF REQUEST The agent for Largo Pointe Townhomes, Juan Perez of Moraitis, Cofar and Kamey, is requesting to abandon a roadway portion of a 270-foot long unimproved roadway and utility easement located on the north side of Southwest 19th Avenue, approximately 400 feet east of Congress Avenue. This abandonment request was submitted on February 27, 2004. It is described as follows: Tract A of'Christian Villas PLAT No. 2', according to the Plat thereof, as recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Florida. The location map attached as Exhibit "A" shows the general vicinity of the portion of the mad easement to be abandoned. The attached Exhibit"B"- shows the location of the proposed abandonment and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject easement. North - Developed professional office building (Woolbright Professional Building), zoned Community Commercial (C-3); South - Developed single-family residential (Palm Beach Leisureville), zoned Single-family Residential (R-1AA); East - Developed single-family residential (Palm Beach Leisureville), zoned Single-family Residential (R-1AA); and west - Developed multifamily residential property (Christian Villas), zoned Multi-family Residential (R-3). BACKGROUND On June 20, 2003, the City approved the site plan for the Largo Pointe Townhomes. Largo Pointe is to consist of 20 fee-simple townhouse units on 1.97 acres.. The units are allocated to three (3) separate buildings, all two (2) stories in height. Two (2) of the buildings contain six (6) units and the largest contains eight (8) units (see Exhibit 'B' - Site Plan). The Plat of Christian Villas Plat No. 2 established Tract A as a dedicated 30-foot wide roadway and utility 'Page 2 Memorandum No. PZ 04-112 ABAN 04-001 easement as recorded in Plat Book 40, Page 102 of the Public Records of Palm Beach County, Florida. Since the current roadway easement is no longer necessary in the design of the proposed site plan, and the re- plat of Largo Pointe provides sufficient roadway for ingress and egress, the applicant proposes to vacate the unnecessary roadway portion of the 30-foot wide roadway and utility easement while retaining a utility easement to preserve access to existing and future utility lines. This utility easement is located at the eastemmost six (6) units building of the project. ANALYSIS Pursuant to Chapter 22, Article III, Section 4, public notice was given to the property owners that abut the easement to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering - Approval with conditions Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - Approval with conditions Bell South - No objection Flodda Public Utilities Company - No objection Cable Company (Adelphia) - Approval with conditions Cable Company (Comcast) - NIA RECOMMENDATION Staff recommends that this request to abandon the roadway portion of the 30-foot wide and 270-foot long unimproved roadway and utility easement, located on the north side of Southwest 19a Avenue, approximately 400 feet east of Congress Avenue as described above, be approved. This recommendation is based on staffs finding that the roadway easement serves no public purpose, and is subject to the comments included in Exhibit 'C' - Conditions of Approval. Any conditions required by the Planning and Development Board and the City Commission will be placed in Exhibit 'C' - Conditions of Approval. xc: Central File 8:~~W~~ Polnte~M)AN 04-001¥.Rlaff Report.doc Location Map LARGO POINTE EXHIBIT "A" ~___J C1 R3 ~F~C3 W E $ 0 I~' 25'50' 100' GRAPHIC SCALE EAST 297.70' RLAT BOOK 40, PAGE 102 I I I I I I I I I I I I I I WEST 332.64' ~" S.W. 19TH AVE. (60' RIGHT-OF-WAY) TENTH SECTION PALM BEACH LEISUREVILLE. PLAT BOOK 30, PAGE 129-14! DESCRIPTION SKETCH FOR: W.L.FISH & COMPANYI .ABANDONMENT OF TRACT ',A", PR0r~.sSmNALSURVr¥0~ ~ uAPPr~ CHRISTIAN VILLAS, PLAT NO 105 S. NARCISSUS AVE., SUITE 712 WEST PALM BEACH, FLORIDA 33401 '~-~~ill~ (561)853-5001 IR 6216 FAX: (561)659-6745 DRAM: M.B.L. JDATb:: 02/02/04JSHEET_ _ J E-moil: moppers~wlfish.com CHECKED; W.L. FISH]JOB~ 2003.0281N0. 2 OF Z J EXHIBIT "C" Conditions of Approval Project name: Largo Pointe File number: ABAN 044)01 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Cof~ients: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: X 1. Engineering has no objection to the proposed roadway easement abandonment, however the utility easement shall be no less than 24 (twenty-four) feet in width to aeco~te proposed and existing water and sewer lines. BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X PRIVATE UTILITIES Comments: 1. Adelphia has no objections contingent upon granting the proper easement X to support Adelphia existing facilities. 2. Any and all costs resulting in the relocation or removal of Adelphia X facilities due to said abandonment will be done by the customer and/or property owner and/or requesting party. 3. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a) Additional easements must be granted to FPL for any and all existing or proposed FPL facilities necessary to service any and all existing and proposed future construction requiring electrical service at the abandoned site. b) All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c) Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or requesting party. ADDITIONAL PLANNING AND DEVELOPMENT BOARD com moNs Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detemfined. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Largo Pointe Abandonment \PPLICANT'S AGENT: Juan Perez - Moraitis, Cofar and Kamey APPLICANT'S ADDRESS: 915 Middle River Drive, Suite 506 Fort Lauderdale, FL 33304 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004 TYPE OF RELIEF SOUGHT: Request abandonment of a roadway portion of a 270-foot long unimproved roadway and utility easement, located on the north side of Southwest 19th Avenue, approximately 400 feet east of Congress Avenue. LOCATION OF PROPERTY: Located on the north side of Southwest 19~h Avenue, approximately 400 feet east of Congress Avenue, Boynton Beach, FL DRAWING(S): SEE EXHIBIT 'B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the oublic finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit 'C" with notation 'Included". 4. The Applicant's application for relief is hereby . GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other sATED: City Clerk S:~PlannIng~SHARED~OJECTS~J_argo PointeiABAN 04-001~)O.doc XII. - LEGAL ITEM D.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested CiW Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation ~ '~'~ [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business REcoMMENDATION: Review and consider proposal from Juan and Anna Valverde to purchase the vacant ~cel adjacent to 730 S.W. 3~a Avenue. EXPLANATION: Mr. And ~s. Valverde have approached the City wi~ interest to p~chase a vacant p~cel (PCN: ~43- 45-29-01-020-0071) which is adjacent to ~eir prope~ at 730 S.W. 3~ Avenue, for the sum of $3,300.00. Pursuant to ~e procedure set for~ in the Code of Ordinances, the Valverdes' have had an independent appraisal done on the p~cel, which is attached as Exhibit "A". As of September 3, 2003, ~e p~cel was appraised at $4,000.00. Since the offer is less than the appraised value, the approval of ~is sale must be by a 4/5 vote of ~e City Co~ssion. Staff has reviewed ~e matter, and it has been dete~ned that ~e p~cel serves no public pu~ose and staff has no objection to the sale. PROG~M IMPACT: N/A ~SCAL IMPACT: N/A ALTE~ATIV~: Do not approve the sale to ~e V~verdes' and continue to maint~n ~e p~cel. /? D~F~ment ~a~s Signature City Manager's Signature City Attorney Deponent Name ~- ' City Attom~] / Pi~ance / Human Resources S:~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC MEMORANDUM TO: Kurt Bressner, City Manager FROM: James A. Cherof, City Attorney~]~pd~~ RE: Purchase of City Owner property by Juan and Anna Valverde S.W. 3~a Avenue DATE: March 30, 2004 We have received another proposal from Juan and Anna Valverde to purchase the vacant parcel adjacent to 730 S.W. 3rd Avenue. The current proposal contains an appraisal dated September 10, 2003, establishing a $4,000 appraised value. The Valverdes' offer is for $3,300.00. This offer can be reviewed by the City Commission under the procedure set forth in Section 2.25 of the Code, but since the offer is less than the appraised value, the approval must be by a 4/5 vote. If you consider the lot as surplus and suitable for disposition, I will advise the Valverde's that the matter will be placed before the Commission for a vote. Alternatively, if you decide that the City should retain the property, I will advise them that this offer will not be considered at this time. JAC S:\CA~Real Estate\Valverde Offer - SW 3rd Ave~uMemo to KB.doc Dear Mayor Broening, I am fmw~arcling another proposal to your attention for the purchase of vacant parcel PCN#08-43-45-29-01-020- 0071 that is adjacent to my property at 730 SW 3~a Ave. in Boynton Beach~ My husband and I recently purchased the home next. to this parcel, which we would like to own. We have been inqniring about this property since April 03 and we . received notice that we should get this parcel appraised which we have at our own expense. We received a copy of the city ordinance #03-002 from the city attorney office and were advised as to how the procedure should take place. I was advise to send in a formal proposal Which has been done and as well as an appraisal for the parcel. We would like to offer the City of Boynton Beach $3300.00 for the parcel that is adjacent to our home. Enclosed is a complete copy of the appraisal as we were adviSed by the city attorney to do as a first step. Please notify us if this parcel will be sold to us and also as to what the procedure would be. Sincerely, Juan & Anna Valverde '-~ ' RETURN TO: j-- ROBERT STONE PA~ D~CH COU~ PROPE~ & R~L ESTATE ~f~MENT 3333 8EL~DERE ROAD. BUILDI~ ~ST PALM BEACtl. FLORIDA PROPER~ ~OL N~BER' 0~3~29-0~-020~071 .~ _ R2000 ~ ~: .-~ COUNTY DEED FLORIDA~al subdivision of the S~te of Florida, whose legal mailing address is 301 ~' ~ Noflh Olive ~de, West Palm Beach, Flo~da 334014~1. pa~ of ~e first pad, and the CI~ OF BOSTitCH, a municipal ~rpomtion of,he Stale of Florida. whose legal mailing addres~ East Boston Beach Boulevard, Boynlon B~ch, Florida 33435- ~ E S S E T H: That the said party of lhe firsl pa~. for and in cons~eralion of the ~ $10.00 to it in hand paid by the pa~ of the second pa~, the receipt whereof is her~~ledged, has granted, bargained and sold to the pa~ of Ihe second pa~, ils suc~so~9d assigns forever, the following desCrib~ land lying and being in Palm Beach CoG~rida: LOT 7 (LESS THE EAST 12.~), BLOCK 20, LAKE BOYNTON ESTATES P~T 1, ACCORDING TO THE P~T~E~DED IN P~T BOOK 13, PAGE 32, PUBLIC RECORDS OF PALM BEACH C~, FLORIDA. THE ABOVE BEING THE REAL PROPER~ DESCRIBED IN T~-~, DEED RECORDED IN OFFICIAL RECORD BOOK 11669, PAGE ~278, PUBLIC~RDS OF PA~ B~CH COUNt, FLORIDA. IN ~ESS WH~[Ee said pa~y of ~e tim( pa~ has ~used lhese pr~ents to be ex~ul d m ~s nam~.~rd of Coun~ Commissioners a~mg by the Chair or Vice-Chai~an of se~ aoa~~ and y~r aforesaid. DOROTHY H. WILKEN, Cierk PALM Political Su~ion of ~e S~te o~ ~lodda BOARD OF ~ OOMMI~51ONER8 A~sis~n~un~ Afforney G; '..C¥'ndy~ll ¢~ bU-AKE B O Y.~T 0 N I- ~ I A 1E ~;?32~V,~JrdAve.". ue.wD:I OFFICE OF ~'HE CITY .)IA~WA GER 100 E. BO ~¥TO~ H~A CII BO ULE;-bt RD P.O. BO~ 310 FLORIDA 33425-031 C~TY ~A:¥A GER'S OFFICE: (561) 742- 601 0 I'~X: (561) 742-6011 E-~iIA IL: BRE~VERI~CI. BO BEACH. FL. US July 21, 2003 Mrs. Anna Valerde 730 SW 3rd. Ave Boynton Beach, FL 33426 Re: PCN # 08-43-45-29-01-020-0071 -- Parcel Owned by the City of Boynton Beach Dear Mrs. Valerde: The Legal Department has forwarded you letter to my office for response. I have researched the zoning and the land use of the property adjacent to your property and note the following: Vacant Parcel Your Property Zoning R1A (Single Family) RIA (Single Family) Land Use Designation High Density Residential Low Density Residential (10.8 Units/Acre) (4.84 Units/Acre) Because the property is zoned single family, I needed to verify if the property could be built on or combined with adjoining property to the west for another single-family home. This has an impact on the value of the property. The property in question is 38 feet wide by 120 feet wide and consists of 4,356 sq. ft. Under current City zoning regulations, the minimum lot size in the R1A district for a new home is 7,500 sq. ft. with a minimum lot frontage of 60 ft. In addition, I checked the provisions of the City's zoning regulations as to non-conforming lots. Again, with respect to underlying zoning, a non-conforming lot of record would need to be 5,000 sq. ft. in size and not less than 50 ft in lot width. Therefore, the property is in my view, not buildable. The provisions of Ordinance 03-002 require that interested purchasers determine the fair market value of the property. Therefore, you will need to obtain and pay for an appraisal of the subject property. You then may make an offer based on that fair market value, or a lesser amount. The City Commission will consider your offer and the recommendation of staff as to the disposal and use of the property. One suggestion I have to make, in the event you wish to make an offer for the property less than fair market value, would be to agree to place a restriction on title that the property cannot be built upon for a single family home. This way, the property will stay open space, except for accessory buildings, should you wish to install them. Mrs. Anna Valverde July 21, 2003 Page 2 I cannot recommend a real estate appraiser. You should be able to obtain a list of qualified appraisers for this area from a local real estate agent. Sincerely, Kurt Bressner City Manager C: Jim Cherof, City Attorney A.~IlERICA 'S GA TEIVA Y TO THE G ULFSTREA.~I:[ ORDINANCE NO. 03- ~0~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE IV, SECTION 2-56 PROVIDING FOR AMENDMENT TO PROCEDURES FOR THE SALE OF SURPLUS CITY OWNED REAL PROPERTY; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interest of the citizens and residents of the City to amend Chapter 2. Section 2-56 to provide for an alternative procedure for the sale of surplus City owned real property when the property is contiguous to developed property and the sale would facilitate the construction of buffers to or extensions of the business or other use existing on the adjacent property; and WHEREAS, the City Commission has determined that the current procedure requiring competitive bidding for surplus property serves no public purpose when the surplus property is of such size and configuration that its highest and best use would be to assemble the City owned property with adjacent developed property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT: Section 1. Chapter 2. "Administration" is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through type, as follows: Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. The City Commission shall appoint an officer or employee of the city, other than a member of the City Commission, as purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the City Commission and shall COliform to such regulations as the City Commission may from time to time prescribe. Personal Property, Commodities and Services Except as provided in section 2-56.1 ali purchases or sales of personal property, commodities and services involving amounts in excess of twenty-five thousand dollars ($25,000.00), or S:\CA\OrdinancesV~dminlstrative\Sec 2-56.doc construction involving amounts of seventy-five thousand ($75,000.00), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) time, not less than ten (10) days prior to the date set for the reception of such bids, together with such other notice as the commission may direct. The city commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection with such bidding. Real Property · With regard to the sale of any real estate owned by the city, regardless of the estimated value .. J/C-thereof, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the aoproval by a vote of 4/5 of the City Commission. Al~er such appraisal shall have been completed and a fair market value determined, the property may be sold: 1. To the owner of adjacent developed property if the City p.roperty is to be used by the adjacent l~roperty owner as: A. buffer or B. for an extension of the use to which the adjacent property owner is .using the adjacent property_ at the time of sale; or 2. To the highest bidder following a complefive bidding process as established bY the City administration. Section 2. Each and every other provision of Chapter 2 of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full fome and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this 4 day of ~'e.[~'tt~c~t , 2003. ! S:\CA\Ordinances~clministrative~.qec 2-56.doc SECOND, FINAL READING AND PASSAGE this 18 day of ~"eht'tta_r-,~ ,2003. CITY OF/~OYNTO~ BEJ(CH, FLORIDA Clerk Commissioner (CORPORATE SEAL) S :\CA\Ord~nances~AdmlnistratJve\Sec 2-S6.cloc Costello, Jo¥ce From: Blasie,Scott Sent: Thursday, June 03, 2004 10:52 AM To: Costello, Joyce Subject: FW: vacant lot adjacent to 730 SW 3rd avenue (City Commission item) ..... Original Message ..... From: Bla$ie,Scott Sent: Wednesday, .iune 02, 2004 3:40 PM To: Bressner, Kurt Cc: Gage, Marshall; Flelillo, Mike; Livergood, .]effrey; Tucker, Patricia Subject: vacant lot adjacent to 730 SW 3rd avenue (City Commission item) Good afternoon, The following is a brief synopsis concerning the vegetation removal on and around the City owned lot adjacent to 730 SW 3rd Avenue: · Code Compliance received a written complaint from Buyer's Investment Group, Ltd,. Inc. on 2/25/04 requesting assistance to facilitate removal of dense overgrowth adjacent to their recently constructed home on SW 4th avenue. This home is directly south of 730 SW 3rd Avenue. · Code Compliance Officer Mike Melillo cited the vacant tract west of these properties to clear and mow all overgrowth within 50' of the residences including removal of numerous large Florida Holly trees that were encroaching onto the adjoining properties. · The owner of the vacant tract is Crystal Key and it's apparent this area may have been a designated "preserve area" approved in conjunction with the development of Crystal Key. I have asked P&D to attempt to locate the plans regarding this area to ensure full compliance concerning the maintenance of the berm and associated plantings that run along the eastern perimeter of the property. · Crystal Key hired a tree removal/lot clearing company to address our violation notice. In doing so, they encroached onto the City owned lot but didn't remove any trees and didn't adversely impact our property. It appears our lot was traversed primarily for access to other areas owned by Crystal Key. Summary: The work was performed within the scope of our Ordinances as I walked the cite today to verify no damage was done to any protected plant species. Further work will be required of Crystal Key in order to preserve the native planting along the berm that roughly defines the perimeter of the "preserve area." The work that was done can only have a positive impact on the surrounding properties in terms of reducing cover that is attractive to undesirables. The contractor really had no way of determining where there property ended and was simply complying with our request to remove the unwanted vegetation. That's all I have for now. Please let me know if I need to formalize this for further review. Scott Blasie aim Beach County Property Appraiser Property Search System Page 1 of 2 Gary R, Nlkolits, CFA Palm Beach County Property Appraiser Public Access System - Property Information Location Address: 730 SW 3RD AVE Jome ~earch Municipality: CITY OF BOYNTON BEACH ~earch Result Parcel Control Number: 08-43-45-29-01-020-0060 ~roperty Information Subdivision: LAKE BOYNTON ESTS PL 1 3wner Information Official Records Book: 14964 Page: 1758 Sale Date: Mar-2003 ~tructural Detail Legal Description: LAKE BOYNTON ESTS PL 1 LT 6 & E 12.5 FT OF LT 7 BLK 20 -'xtra Features .and Detail - Owner Information rex Detail Name: VALVERDE JUAN J & Mailing Address: 730 SW 3RD AVE ~rint Information BOYNTON BEACH FL 33426 4704 ~ oWner's. Property Appraiser -2003 Certified Appraisal Home Improvement Value: $79,837 Number of Units: 1 Land Value: $21,600 * Total Sq. Ft: 1548 Market Value: $101,437 Acres: .17 Use Code: 0100 Description: SINGLE FAMILY · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $1,031.86 l ~l'~x ca~cutater~ I Non ad valorem: $174.00 -2003 Certified Assessed & Taxable Values Assessed Value: $'68,174 Exemption amount: $25,000 (2003 Exemption) Taxable: $43,174 -2004 Exemption(s) I Regular Homestead: $25,000 TOTAL: $25,000 ~' ~ll,~ ] Sales Information Sales Date Book P~age_ P~rice Ins_tr_ument Owner ~a-r-~-~- 14~ 1758 $145,000 WD VALVERDE JUAN J & Nov-1990 06658 1154 $79,000 WD Aug-1985 04633 0881 $59,500 WD Aug-1983 04028 0564 $220,000 WD Home I ~ Back [ ~ Search I I Search Result tp://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=08434529010200060 6/2/2004 alm Beach County Property Appraiser Property Search System Page 1 of 2 Gary R. Nikoiits, CFA Palm Beach County Property Appraiser Public Access System ............... - Property Information -Iome Location Address: SW 3RD AVE ~ ~ ~earch Municipality: CITY OF BOYNTON BEACH ~earch Result Parcel Control Number: 08-43-45-29-01-020-0071 ~roperty Information Subdivision: LAKE BOYNTON ESTS PL 1 )wner Information Official Records Book: 11919 Page: 1556 Sale Date: Jul-2000 ~tructural Detail Legal Description: LAKE BOYNTON ESTS PL 1 LT 7 (LESS E 12.5 FT) BLK 20 -'_xtra Features .and Detail i-Owner Information ~ax Detail / Name: BOYNTON BEACH CITY OF ....................... Mailing Address: PO BOX 310 ~rint information BOYNTON BEACH FL 33425 0310 Property Appraiser -2003 Certified Appraisal Home Improvement Value: $0 Number of Units: Land Value: $5,000 * Total Sq. Ft: ~ Extra... Market Value: $5,000 Acres: .10 [ Land... Use Code: 0000 Description: VACANT · in residential properties may indicate living area. 2003 Certified Tax Ad Valorem: $0.00 / Non ad valorem: $0.00 Total: $0.00 i~ I I -2003 Certified Assessed & Taxable Values Assessed Value: $5,000 Exemption amount: $5,000 (2003 Exemption) Taxable: $0 -2004 Exemption(s) .~5 400 (FULL: MUNICIPAL Other: * ' GOVERNMENT) TOTAL: $5,400 -Sales Information Sales Date Book Page Price Instrument Owner Jul-2000 11919 1556 $0 WD BOYNTON BEACH CITY OF Jul-2000 11919 1555 $0 WD BOYNTON BEACH CITY OF Mar-2000 11669 1278 $0 TD PALM BCH CNTY COMMISSIONERS Aug-1983 04028 0564 $220,000 WD I Print Information 1 I Home I I Back L I Search I I Search Result :p ://www.co.palm-beach. fl.us/papa/main/detail_info, asp?p_entity=08434529010200071 6/2/2004 aim Beach County Property Appraiser Property Search System Page 1 of 1 Gary R. Nikolits, CFA Palm Beach County Property App~tser Public Access System :: - Property Information tome Location Address: / ~~how NaP:.~ ;earch Municipality: CITY OF BOYNTON BEACH ;earch Result Parcel Control Number: 08-43-45-29-29-002-0000 ~roperty Information Subdivision: CRYSTAL KEY AT WOOLBRIGHT PLACE )wrier Information Official Records Book: 10029 Page: 1687 Sale Date: Oct-1997 CRYSTAL KEY AT WOOLBRIGHT PLACE TR B K/A OPEN SPACE CONT itructural Detail Legal DescFiption: 1.47 AC :.xtra Features .and Detail - Owner Information 'ax Detail Name: CRYSTAL KEY AT WOOLBRIGHT PLACE 'rint Information Mailing Address: 160 CRYSTAL KEY WAY BOYNTON BEACH FL 33426 5210 Property Appraiser -2003 Certified Appraisal Home Improvement Value: $0 Number of Units: ~Stniclural"~ Land Value: $0 * Total Sq. Ft: 0 ~ '~xUa,. Market Value: $0 Acres: .98 ~ Land... OUTDR REC/PARK Use Code: 9700 Description: LAND · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $0.00 r~l ~-c~i/i~i~iai-r~ I Non ad valorem: $33.05 Total: $33.05 ! i~etaik~: ' -2003 Certified Assessed & Taxable Values Assessed Value: $0 Exemption amount: $0 (2003 Exemption) Taxable: $0 Exemption Information Unavailable. -Sales Information Sales Date Book Page Pric~ Instrument Owner Oct-1997 10029 1687 $t00 QC CRYSTAL KEY AT WOOLBRIGHT PLACE ack I.. ~ Search I ! Search Result J _..P_!_e_a s~.e_....s_e.. _n__d_ u s_y_o_.u_r_ fee_d_ _b_e...C_k Copyright © 2002 by Palm Beach County Property Appraiser All Rights Reserved tp ://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=08434529290020000 6/2/2004 Pain ;each Appraisers & Consultan Inc. Ream Estate Appraiser~/ConsultantslCoun~=lom APPRAISAL OF LOCATED AT: XXX SW 3 Avenue Boynton Beach, FL, 33426 FOR: Anna Valve~de 730 SW 3rd Ave. Boynton Beach, FI 33426 BORROWER; 'a-uu~ I/e,l. u e~de_~ Anna VALVERDE AS OF: Sel~ember 10, 2003 BY: James I= Kerr, ASA 1300 N. CONC-.-.-d:~SS AVE., SOi~r_ B, WEST PALM BEACH, FL 334096306 TEL # (561) 689-8608 - FAX # (56'1) 684-8709 aim Beach Appraisers & Consultants, Inc. LAND APPRAISAL REPORT ~e No. H31087 Ropaly Address XXX SW 3 Avenue Census Tract 60.02 LENDER DISCRETIONARY USE Oh, Boynton Beach CoMely Palm Beach State FL ZJp Code 33426 Sale Pdce $ Legal Description Lot 7, (Less E 12.5 Ft.) Lake Boynton Estates PI 1, PB 13, Pg 32 Date C~mer/Occupanl City of Boynton Beach Map Releronce 43-45-29 Mongaga Amount $ Sale Price $ N/A Date otSale N/A [ Property Rights Appraised Mortgage Type Loan charges/cencessions to be paid by seller $ N/A J [~ Fee Simple Discount Points ar, d Other Concessions R.E. Taxes $ N/A-City Owned Tax Year 2002 HOA S/Mo. NJA ~ J~J Leashold Paid by Seller Lender/C~ent Anna Valverde J [] Condominium (HUDN,~ 730 SW 3rd Ave., Boynton Beach, Fi 33426 J[-~J PUD Souca LOCATION X~ ~ban [_~ SubL~ben L~ Rural NEIGHBORHOOD ANALYSIS GROWTH RATE [~ Rapid J~J Slahie J~} Slow Convenience I0 Employment PROPERTY VALUES J~ lecreasing [~] Stabio [~ Declining Convenience to ShoppJrlg J~ J~ J~J J~J MARKETINGTIME J~ Under3Mos. C~ 3-6MOS. [~ OverBMos. Adeguacy o/ Public Transportation 0 ~) 0 [] Single Fen~ly 100%J Plot L~kely J~ J OCCUPANCY J PRICE AGE Adequac/of Fadlities [] J~} [] [] 2-4 Fanu'ly J LlkeF/ [] Jowner J~J J $(000) (y~s) Proparty C ompalibliih' Comme~dal lTo: J vacant(o-5%) J~l 220. l-r~jh 55 j Police & r,e ProI~len [] Vacant 145- 30 AppealthMarkeI L~ r~ Note: Race or the racial composition 0l the neighborhood are not censJdereg reliable appraisal factors. COMMENTs:The subject is located south of Boynton Beach Boule~ard~ north of Woolbright Road, west of 195~ and east of Congress Avenue. The neighborhood is comprised of moderately priced, detached single family homes of average quality and maint.enance. EmpIoyment~ schools, shoppin9~ medical and all other necessary services are located within convenient driving distance. Major highway access is less than 2 miles away via Boynton Beach Boulevard. Appeal to the market appears stable. Dime~si0~s 37.§X120 SF +/- Topography Basically Level Site Naa 4~356 SF +1- Comar Lot No Size Smaller than typical Zoning Classilicalion R1A - Residential Single Family Zoning Compliance Not buildable ** Shape Rectangular HIGHEST & BEST USE: Present Use Vacant Other Use Assemble with adj. site Drainage Appears Adequate UTILITIES Public Other ] SITE IMPROVEMENTS Type Public Private View Residential/Typical Electricity [] t Street Asphalt [] [] Landscaping Minimal/Typical ~ [] c~h/~utt. ~ione [] [] ~i~e~a~ None Ware- [] Sidewalk None [] [] Apparent Eas'ernents Typical utility & drainage Sanitary Sewer [] Slreet Lighls Pole Mounted Elec. [] [] FEMA Flcod Hazard Yes' __ No X Storm Sewer [-~ Alley None J--) J'--J FNMA' Uap.F. Zone /Yl20t96000C 9182 Zone B Comments (Apparent adverse easements, encroachments, special assessments, slide areas, etc.): See Attached Addendum. ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 XXX SW 3 Aven XXX SW 4 Avenue XXX NE 4th Avenue XXX SE 2nd Street Address ~oynton Beach Boynton Beach Boynton Beach Boynton Beach Proximilyt0 Subject I Block South 1/2 Mile NE 1/2 Mile SE Sales Price N/A $ 8,100 $ 5,000 $ 5~195 Price/ $ ~ $ 1.,43 m 0.67 El $ 0.94 R3 Data Source FARES/Public R FARESIPublJc Records FARES/Public Records FARES/Public Records VALUE,ADJUSTMENTS DESCRIPTION DESCRIP'I'ION J ~-~.~-~,.,~ DESCRIPTION ff-)~.~p,~ DESCRIPTION J ~-)~ ' Sales erF'mandncj CASH I -0- CASH -0- CASH ' Concasslens No Effect ! -0- No Effect -0- No Effect i ~:j Date of saiD/rrna N/A 512003-Closed : -0- 1/2003-Closed -0- 3/2003-Closed ', -0- Localion tH)an Urban i -0- Urban ~ -0- Urban i -0- Site~ew Resldentialrrypi Residentlal/Typ ', -0- Residentlal/Typ i -0- Residential/Typ i -0- Size 4~356 SF+/- 5r662 SF +1- -0.34 7~500 SF + ' +0.07 5,500 SF -+ ', +0.09 Restrictions Not bulldable Not buildable '~ -0- Buildable i -0.13 Buildable i -0.19 Zon_ing RIA RIA ! -0- R2 : No Ad R2 ! No Adj. Improvements None None ', -0- None ', -0- None : -0- ,, ,~. (to,,,) t~. ~- is 0.34 t~* []- ;,$ 0.06 ~l'. Igl-i$ 0.~0 Indicated Value Gross: 23.8 Gross: 29.9 J Gross: 29.8 J otsabject Net: -23.8 $ 1.09 Net: -9.0J$' 0.61 Net:. -10.6J$ 0.84 Comments of Sales Con ~rison: See Attached Addendum. Comments and Conditions o! Appraisal: The purpose of the appraisal is to establish fair market value for the purchase of the lot by the adjacent property owner. Final Reconciliation: The Sales Comparison Approach is the or~ly applicable approach to value used in this assiqnment. The Income Approach to value is not generally applicable in the appraisal of vacant residential sites. The appraisal assignment was not based on a requested minimum valuation or on the approval of a loan. Lot value reconciled {~ $0.90 per Sq. Ft. I J~ ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE SUBJECT PROPERTY AS OF September 10~ 2003 to be $ 4,000 I (We) cattily: that to the besl 0t my (our) knowledge and belial, lhe tacts and data used herein are true and correcl; that I (we) personally inspected the subject properly and inspected all comparable sales cited in this report; and that I (we) have no undisclosed interest, Ixesont or prospective therein. ~er~,)~T-~----~.~ R~w,~pra,s~ •Did ,James E.-~ ~Kerr, ASA ~. (ff acc~cable) lrmpecl Propedy Palm Beach Appraisers & Consultants, inc. ADDENDUM · ~ Borrower: Anna VALVERDE File No.: H31087 I Property Address: XXX SW 3Avenue Case No.: City: Boynton Beach State: FL Zip: 33426 Lender: Anna Valverde Site Comments: Lot size is below minimum needed for a new home. Subject is 37.5' X 120' +/- and consists of approximately 4,356 square feet. Under current City of Boynton Beach zoning regulations, the minimum lot size in the RIA district for a new home is 7,500 square feet with a minimum lot frontage of 60 feet. A non-conforming lot of record would need to be 5,000 square feet in size and not less than 50 feet in width. As a result, subject is not buildable without a special exception. Comments on Sales Comparison: Comparable #1 was conveyed by tax deed in 2003 and 1997. Greatest weight was given to Comparable #1, because (like the subject) it is not a buildable lot. However, itwas purchased by Buyers Investment Group Ltd. Inc., and since it meets the square footage requirements for a non-conforming lot, and is only 4% short of the frontage requirement, it is probable that the lot was purchased with the expectation of obtaining a variance. The subject property does not meet either requirement for a non-conforming lot, and is 24% short of the frontage requirement, making it less likelythat a variance would be granted. While tax deed sales are typically below market value, this is offset by the fact that the lot is larger than the subject and therefore has a better chance of being granted a variance. The only apparent user for this lot is one of the adjacent property owners. Unda Altergott, State RegisteredAssistant Real Estate Appraiser, RI # 11660 provided assistance in the inspecUon of the property, field notes, building sketch, initial research, and production of this appraisal report. Addendum Page 1 ol 1 SUBJECT PROPERTY PHOTO ADDENDUM Borrower: Anna VALVERDE -role No.: H31087 ~it¥: Boynton Beach State: FL Zip: 33426 Lender: Anna Valverde FRONT VIEW OF SUBJECT PROPERTY Appraised Date: September 10, 2003 Appraised Value: $ 4,000 REAR VIEW OF SUBJECT PROPERTY STREET SCENE LOCATION MAP '. Borrower: Anna VALVERDE File No.: H31087 Property Address:XXX SW 3 Avenue Case No.: City:. Boynton Beach State: FL Zip: 33426 Lender: Anna Valverde 1300 N. CONGRESS AVE., SUITE B, WEST PALM BEACH, FL 33409-6306 TEL # (561) 569-8608 - FAX # (561) 684-8709 MARKET DATA MAP Borrower: Anna VALVERDE F~e No.: H31087 Property Address: XXX SW 3 Avenue Case No.: City: Boynton Beach Slate: FL Zip: 33426 Lender: Anna Valverde 1300 N. CONGRESS AVE., SUITE B, WEST PALM BEACH, FL 33409-6306 TEL # (561) 569-8608 - FAX # (561) 684-8709 I Borrower: Anna VALVERDE File No.: H31087 Property Address: XXX SW 3 Avenue Case No.: City: Boynton Beach State: FL Zip: 33426 qder: Anna Valverde The City of Boltnton Beach OFF]C£' OF THE CI~.4.L4,¥AGFJ~ I~ K ~)~ton flesh ~0 ~ 310 July' 21,200:3 Mrs. Anna Valerde 730 SW 3rd. Ave Boynlon Beach, FL 33426 Re: PCN # 08-43-45-29-01-020-0071 - Parcel Owned by th; City of Boynton Beach Dear Mm. Valerde: The Legal Deparlment has fonvarded you letter to my offme for response. I have researched the zoning and the lend use of the property adjacent to your property and note the following: Zoning RIA (Single Family) R1A (Single Family) Land Use Designation High Density Residential Low Density Residential ( 10.8 Units/Acre) (4.84 Units/Acre) Because the ~Operly is zoned single family, I needed to redly il= the property could be built on or combined with adjoining property to the west for another- single-family home. This has an impact on Ihe value of the properly. The property in question is 38 feet wide by 120 feel wide and consists of 4,356 sq. fi. Under current City zoning regulations, Ihe minimum Iol size in the R1A dlsMct loc a new home is 7,500 scI. It. with a minimum lot frontage of 60 ff. In addition, I checked the provisions of the Ci~s zoning regulations as to non--conforming lots. Again, with respect to undeHy~g zoning, a non-conforming lot of record would need to be 5,000 sq. fl. in size and not less than 50 ft in lot width. Therefore, the property is in my ,,4ew, not buildable. The provisions of Ordinance 03-002 require lhat interested purchasers determine the fab' market value of the property. Theret"ore, you will need to obtain and pay for an appraisal of the subjecl propen'y. You than may make an offer based on that fair market value, or a lessel' amount. The City Commission will consider your offer and the recommendation o1' staff as to the disposal and use o~ the property. One suggestion I have !o make, in the event you wish Io make an oiler for the property less tha~ fair mmket value, would be to agree to place a restriction on title that the property carmot be built upon roi' a single family home. This way, the properly will slay open space, except for accessory buildings, should you wish to Install thent 1300 N. CONGRESS AVE., SUITE B, WEST PALM BEACH, FL 33409-6306 TEL # (561) 689-8608 - FAX # (561) 684-8709 Borrower: Anna VALVERDE File No.: H31087 Properly Address:XXX SW 3 Avenue Case No.: City: Boynton Beach State: F~.L Zip: 33426 Lender: Anna Valverde Mrs. Antra Valvarde July 21, 2003 Page 2 I cannot recomme~d a real estate appraiser. You should be able to obtain a list of qualified appraisers for this area from a local real estate agent_ Sincerely, Kurt Bressr~er City Manager C: Jim Cherof, City Attorney 1300 N. CONGRESS AVE., SUITE B, WEST PALM BEACH, FL 33409-6306 TEL # (56i) 689-8608 - FAX # (561) 684-8709 File No. H31087 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite Io a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are lypically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financia~ arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a markel area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjuslments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the Appraiser's judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's cerlification that appears in the appraisal report is subject Io the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in lhe appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the properly and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the properly in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisa~ report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc. ) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise ,stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc. ) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the properly. The appraiser will not be responsible for any such conditions that do 'exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does nor assume responsibility for the accuracy of such items that were furnished by other pa~ties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subjecl to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be pedormed in a workmanlike manner. 10. 'The appraiser must provide his or her prior written consent before the feeder/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizalions or the firm with which the appraiser is associated ) to anyone other than the borrower; the mortgages or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except thal the lender/client may distribute the property description section of lhe report only lo data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Vacant Land Page 1 of 2 File No. H31087 APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that: I. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to lhe subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are Irue and correct. 3. I stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and Limiting Conditions specified in this faro. 4. I have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either lhe prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated fulure interest in the subject property, and neither my current or future employment nor my compensation fa pedormiog this appraisal is contingent on the appraised value of the property. 6. I was not required to report a predetermined value 9r direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing lhe appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, a the need to approve a specific mortgage loan. 7. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice lhat were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimale I developed is consistent with the mazkefing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. I have personally inspected the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subjecl property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. I personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the spe..cific tasks performed by them in lhe reconciliation seclion of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefure, if an unauthorized change is made to the appraisal report, I will take no responsibility fa it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: XXX SW 3 Avenue, Boynton Beach, FL, 33426 APPRAISER: SUPERVISORY APPRAISER (only if required) Signat~~ '- Signature: Name: James E. ~ AS~ Name: Date Signed: ¢","/! ~') z~"~ Date Signed: State Certification #: RZ 0001014 State Cedificafion #: or State License #: or State License #: State: FL State: Expiration Date of CerUfication or License: 11/30/2004 Expiration Date of Certification or License: 11/3012004 (~ Did ~ Did Not Inspect Property Vacant Land Page 2 of 2 File No. H31087 ......... Qu^.,F,cAT,o.s OF THE APPRAISER JAMES E. KERR, ASA State Cedified General Real Estate Appraiser, RZ 1014 Licenses: * Florida Real Estate Broker, BK-0255340 * State Certified General Real Estate Appraiser, RZ 1014 (State of Florida) Professional Memberships: ASA Senior Member- American Society of Appraisers Education: * Syracuse University, Graduate B.A.,1967 * Palm Beach Junior College, Heal Estate Appraising; Real Estate Investment Analysis. Florida Real Estate Commission Brokers' Qualifying Course, General Business Courses 1974-1978 Society of Heal Estate Appraisers: Course 101 and Qualifying Examination, 1976; Narrative Report Writing Seminar and R-2 Comprehensive Examination, 1977; Course 201 and Qualifying Examination, 1978; Course 202, Applied Income Property Valuation Qualifying Examination, 1984; Course 301, Short Course, Introduction to Cash-Flow and Risk Analysis; Market and Marketability Analysis; Quantitlve and Qualitlve Techniques; Investment Feasibility Analysis, 1984; R41-C and The Appraiser, 1986; Depreciation Analysis, 1987, Marshal & Swift Cost Service Seminar, 1988; Condominium Appraising, 1989 American Institute of Real Estate Appraisers: Valuation Analysis and Report Writing Course, 1986; Real Estate Appraisal Principles and Qualifying Examination, 1986; Basic Valuation Procedures and Qualifying Examination, 1986; Standards of Professional Practice, 1986; Capitalization Theory & Techniques, Part A and Qualifying Examination, 1986; Capitalization Theory & Techniques, Part B and Qualifying Examination, 1987. Course IV, Litigation Valuation and Qualifying Exam, 1986; Standards of Professional Practice, 1992; Appraising the Tough Ones, Seminar, 1993. American Society of Appraisers: Principles of Appraisal Practice and Code of Ethics Qualifying Examinations and Comprehensive Qualifying Examination in Urban Real Estate Property Disciplihe, 1978; Machinery & Equipment Fundamentals Course, 1988. National Business Institute, Inc.: Key Issues in Wetlands Regulation in Florida, 1992; Major Land Use Laws in Florida, Seminar, 1995 Continuing Education: State Required Continuing Education- 7-Hour USPAP "Core" Law, and 7-Hour Residential Construction for Appraisers, 1996, 1998, 2000, 2002 State Required Continuing Education- 30 Hours "USPAP", Non-conforming & Difficult Properties; Appraiser Liability, 2002 ExpeHence: Engaged in apprais~ng real estate since September 1972. Types of Properties Appraised: * Agricultural Property * Office Buildings * Apartment Buildings * Recreational Vehicle Parks * Automobile Dealerships * Residential Subdivisions * Bowling Alleys * Restaurants * Churches * Ser¥ice Stations * Condominiums * Shopping Centers * Industrial Parks * Single Family Homes * Islands * Special Purpose Buildings * Medical Buildings * Store Buildings * Mobile Home Parks * Vacant Lots & Acreage * Motels * Warehouses * Nursing Homes Fi!e No. H31087 ......... QUALIFICATIONS ......... Appraisal Assignments Completed for the Following: * Accountants * Attorneys * City of Delray Beach * City of West Palm Beach * Commercial Banks * Corporations * Developers * Estates * Fannie Mae * Farmers Home Administration * Finance Companies * FDIC * Mortgage Bankers * Palm Beach County * R.E.I.T.'s * Savings & Loan Associations Other Qualifications: * Qualified as an Expert Witness in Palm, Martin, Okeechobee and Broward County Courts * Social Master for the Palm Beach County Board of Tax Adjustment, various years * Qualified as an Expert Witness in United states Bankruptcy Courts, South Florida and New York * Veterans Administration approved appraiser # 467 XII. - LEGAL ITEM D.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested CiD, Commission Date Final Form Must be Turned Meeting Dates in to CiW Clerk's Office Meeting Dates in to City Clerk's Office [] April 6, 2004 March 15, 2004 (Noon.) [] June 1, 2004 May 17, 2004 (Noon) [] April 20, 2004 April 5, 2004 (Noon) [] June 15, 2004 May 31, 2004 (Noon) [] May 4, 2004 April 19, 2004 (Noon) [] July 6, 2004 June 14, 2004 (Noon) [] May 18, 2004 May 3, 2004 (Noon) [] July 20, 2004 July 5, 2004 (Noon) [] Administrative [] Legal NATURE OF [] Announcement [] New Business AGENDA ITEM [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Authorizing the City Manager to execute an Option Agreement for Purchase and Sale of Real Property for property located on NW 22~a Avenue, within the City's infill development area, and currently owned by Benje Sperling. EXPLANATION: This property is located at Roiling Green Ridge 1st Addition Lot 2 Block 27, and is situate between two parcels owned by the City and currently leased to the Boynton Beach Faith Based CDC. This parcel (Lot 2) lies between two City owned parcels (Lots 1 and 3), and was previously owned by the now defunct Community Development Corporation (CDC) and sold for taxes to Mr. Sperling. Mr. Sperling has agreed to sell the property to the City for the sum of $12,500. Mr. Sperling will commence a quiet title action on the property at his expense, and provide the City with a Warranty Deed to the property. PROGRAM IMPACT: FISCAL IMPACT: $12,500.00. This funds for the purchase are available from the Community Development Department In-Fill Development Account No. 122 2418 554 4961. ALTERNATIVES: Not proceed with the purchase of Parcel 2. Department Head's Signature ' - - City Attorney ,(~~C i ty~t;e~rbM ~i~nec~/iiiiii Department Name ~/ ' - -/~' esources S :XBULLETINXFORMSL'kGENDA rrEM REQUEST FORM.DOC 1 RESOLUTION NO. R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING THE CITY 5 MANAGER TO EXECUTE AN OPTION AGREEMENT 6 FOR PURCHASE AND SALE OF REAL PROPERTY 7 BETWEEN THE CITY OF BOYNTON BEACH AND 8 BENJE SPERLING; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, this property is located at Rolling Green Ridge 1st Addition, Lot 2 12 Block 27, and is situate between two parcels currently owned by the City; and 13 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to 14 be in the best interests of the citizens and residents of the City to enter into an Option 15 Agreement for Purchase and Sale of Real Property between the City of Boynton Beach and 16 Benje Sperling; and 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The City Commission of the City of Boynton Beach, Florida does 20 hereby authorize and direct the City Manager to execute an Option Agreement for Purchase 21 and Sale of Real Property between the City of Boynton Beach and Benje Sperling, for the 22 real property more particularly described in said Agreement as Exhibit "A", which 23 Agreement is attached hereto. 24 Section 2. This Resolution shall become effective immediately upon passage. 25 1 PASSED AND ADOPTED this day of June, 2004. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 20 21 City Clerk 22 23 (Corporate Seal) 24 25 26 27 28 29 OPTION AGREEMENT FOR PIIRCHASE AND SAI,E OF REAl. PROPERTY This Option Agreement for Purchase and Sale of Real Property (hereinafter the "Agreement"), is made and entered into as of the __ day of ,2004, by and between the City of Boynton Beach, a Florida municipal corporation and/or its assigns (the "Buyer") and BENJIE SPERLING, of Hollywood, Florida, (collectively referred as "Seller"). In consideration of the mutual agreements set forth below, the parties agree as follows: 1.0 Definitions. The following terms when used in this Agreement shall have the following meanings: 1.! ttuyer. City of Boynton Beach a Florida municipal corporation with a mailing address of 100 East Boynton Beach Blvd., Boynton Beach, Florida 33425. 1.2 Closing. The delivery of the Deed to Buyer concurrently with the delivery of the Purchase Price to Seller. 1.3 Closing Date. The date of the Closing as determined in accordance with Paragraph 10 below. 1.4 Deed. One (1) General Warranty Deed which shall convey the Property from Seller to Buyer. 1.5 Effective Date~ The date that this Agreement is executed by the last party to sign it. 1.6 Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission, board, bureau, court, agency or any instrumentality of any of them which has jurisdiction over the Property. 1.7 Governmental Rea?irernent. Any law, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, franchise, peh~n/~ ;t, ce~3ficate, license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to the Property, or to any appurtenances, structure, use or facility, on or adjacent to, the Property. 1.8 Option Acceptance Date. The date upon which the Buyer notifies Seller that Buyer intends to exercise the option granted by this Agreement in accordance with Paragraph 2.3 below. 1.9 Option Expiration Date_ Two Hundred Ten (210) days after the Effective Date, or sooner as described hereinafter. 1.10 ~. That certain real property located in the City of Boynton Beach, Palm Beach County, Florida, and more particularly described as parcel on Exhibit "A" attached hereto and made a part hereof, together with all improvements, property rights, easements, privileges and appurtenances thereto. 1.11 ' 'lh~rchase Price. The price the Buyer shall pay the Seller for the Property as more fully set forth in Paragraph 3 below. 1.12 Seller. For purposes of this Agreement, the Seller for the Property. 1.13 Title Commitment. A title insurance commitment issued by or written on the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price and recording of the Deed and execution and/or recording of other closing documents. 1.14 Title Company. The title insurance company, licensed and authorized to conduct business in the State of Florida as selected by Buyer. 1.15 Iitle_Pmli~. An ALTA Form B Owner's Title Insurance Policy in the amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Permitted Exceptions. 1.16 Permitted Exceptions. Taxes for the year 2004 and subsequent years, zoning, easements, covenants, reservations, restrictions and agreements of record. 2.0 Grant of. Option for l:h~rchase. 2.1 For good and valuable consideration of One Hundred Dollars ($100.00) paid to the Seller by the Buyer, Seller hereby grants to Buyer and Buyer hereby accepts from Seller an option to purchase and acquire the Property from Seller on the terms and conditions hereinafter set forth. 2.2 Within ten (10) days of the Effective Date, Buyer shall place a refundable deposit of One Hundred Dollars ($100.00) into the Goren, Cherof, Doody & Ezrol, P.A. Trust Account (interest bearing). In the event Buyer exercises the options granted hereby, but falls to pay the balance of the Purchase Price for the Property at the respective Closing Date, as defined herein, or otherwise defaults under the terms of this Agreement, Buyer shall forfeit this deposit to Seller. The parties agree that this will constitute liquidated damages, and the parties shall thereafter have no further obligations under this Agreement. In the event that the Buyer does not exercise the option, then, in that event, the deposit shall be returned to the Buyer, forthwith, and with accrued interest, if any. 2.3 In the event Buyer decides to exercise the option granted hereby, Buyer shalI give Seller written notice of Buyer's decision to exercise the option on or before the applicable S:\CA~Departments\Community Redev\CDC~ev 051404 CDC - Lot 2 Purchase and Sale Agreement. doc 2 Option Expiration Date. 3.0 Pnrchase Price and Contingencies. 3.1 lh~rchase Price. The parties have agreed upon a Purchase Price of TWELVE THOUSAND FIVE HUNDRED ($12,500.00) Dollars. 3.2 Contingencies_ The Buyer's obligations under this Option Agreement are contingent upon the following. 3.2.1 Approval of the Option Agreement by the City Commission of Boynton Beach. 3.2.2 Approval by the City Commission of Boynton Beach to exercise the Option within two hundred ten (210) days of the Effective Date. 3.2.3 Buyer's obligation to close is contingent upon Buyer obtaining an environmental audit(s) deemed satisfactory to Buyer. 4.0 Evidence of Title, 4.1 Delivery. of Title Commitment. Within twenty (20) calendar days of the exercise of the Option, Buyer shall obtain a Title Commitment, at Buyer's cost, and shall deliver a copy of the Title Commitment to Seller or Seller's attorney within five (5) days of receipt of the title commitment. 4.2 Marketable Title, Seller shall convey marketable title to the Property, subject to the Permitted Exceptions. Marketable Title shall be determined according to the Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have fifteen (15) days from the date of receiving the Title Commitment to examine same. If title is found defective, Buyer shall within ten (10) days of receiving the title commitment notify Seller in writing of any specific title defects. Buyer shall have the option of either accepting the title in its existing condition without a reduction of the Purchase Price, or of terminating this Agreement by sending written notice of termination to Seller. Upon ~e termination of this Agreement,.neither Buyer nor Seller shall have any further rights or obligations hereunder except as provided in this Agreement. 5.0 Snrvey. Within ten (10) days of the exercise of the Option, Buyer may obtain at its expense a survey (the "Survey") of the Property showing all improvements thereon prepared by a land surveyor or engineer registered and licensed in the State of Florida. The Survey shall show the legal description of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any reasonable revision to the legal description so long as any such revision does not result in Seller being required to convey any lands or rights other than those described to be within the S:\CA~Departraents\Con~nunity Redev\CDCkRev 051404 CDC - Lot 2 Purchase and Sale Agreement.doc Property described on Exhibit "A" attached hereto. Any objections must be delivered to Seller's attorney within the thirty (30) days of Option Acceptance Date. 6.0 Seller's Representation. Seller hereby represents and warrants to Buyer as of the Effective Date and as of the Closing Date as follows: 6.1 Seller's Authority. Seller has legal right and ability to sell the Property pursuant to this Agreement. The execution and delivery of this Agreement by Seller and the consummation by Seller of the transaction contemplated by this Agreement is within Seller's capacity and all requisite action has been taken to make this Agreement valid and binding on Seller in accordance with its terms. 6.2 No legal [lar~ The execution by Seller of this Agreement and the consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending guardianship, obligation or the agreement of limited partnership, limited partnership certificate or related instruments affecting the Seller, to which Seller is a party and which affects all or any portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental Requirement. 6.3 No Default. SelIer is not in default under any indenture, mortgage, deed of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any portion of the Property. 6.4 Title. Seller is the owner of marketable title to the Property. No later than thirty (30) days prior to the Option Acceptance Date, Seller shall provide proof to Buyer that it has obtained Final Judgment Quieting Title to the Property in the name of the Seller and that the Seller owns fee marketable title to the Property, free and clear of all liens, encumbrances, and restrictions of any kind, except the permitted exceptions and encumbrances of record which will be paid at closing. 6.5 I Jtigation. Other than the filing of a Quiet Title Action, there are no actions, suits, proceedings or investigations pending or, to the knowledge of Seller, threatened against Seller or the Prol~'n-ty affecting any portion of the Property. 6.6 Parties in Possession. There are no parties other than Seller in possession of any portion of the Property as a lessee, tenant at sufferance, or trespasser. S:\CA~J)epartments\Community RedevSCDC~ev 051404 CDC - Lot 2 Purchase and Sale Agreement.doc 4 6.7 Buyer's Remedies for Seller's Misrepresentations. In the event that Buyer becomes aware prior to Closing that any of Seller's warranties or representations set forth in this Agreement are not materially tree on the Effective Date or any time thereafter but prior to Closing, and in the event Seller is unable to render any such representation or warranty true and correct as of the Closing Date, Buyer may either: (a) terminate this Agreement by written notice thereof to Seller, in which event the parties will be relieved of all further obligations hereunder; or (b) elect to close under this Agreement notwithstanding the failure of such representation and warranty, in which event the Closing shall be deemed a waiver by Buyer of the failure of such representation and warranty. 7.0 Buyer's Representations. The Buyer hereby represents and warrants to the Seller as of the Effective Date and as of the Closing Date that Buyer has full and complete authority subject to compliance with Chapter 166, Florida Statutes, the City of Boynton Beach Charter and Code of Ordinances, to purchase the Property and to comply with the terms of this .Agreement, and the execution and delivery of this Agreement by Buyer and the consummation by Buyer of the transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken to make this Agreement valid and binding on Buyer in accordance with its terms. 8.0 Conditions Precedent to Closing. Each of the following events or occurrences (the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to close this transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date, Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller not have done so within said 10-day period, Buyer shall have the right to either (a) terminate this Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of all further obligations under this Agreement; or (b) waive the condition precedent and close. 8.1 ~. The material representations and warranties made by Seller in this Agreement shall be tree and correct on the Closing Date subject to the 10-day eXtension provided in Paragraph 8 above. 8.2 Seller's Obligations. Seller shall have performed all covenants, agreements, and obligations and complied with all conditions required by this Agreement to be performed or complied with by Seller prior to the Closing Date. 9.0 Closing. The Closing shall occur at a mutually agreed time on or before sixty (60) days subsequent from the Option Agreement Acceptance Date and shall take place at 10:00 AM at the law offices of the City Attorney for the Buyer. 10.0 Seller's Closing Documents. At closing, Seller shall deliver the following documents ("Seller's Closing Documents") to Buyer: 10.1 Warranty Deed. The Warranty Deed shall be duly executed and S:\CAXDepartments\Community Redev\CDCkRev 051404 CDC - Lot 2 Purchase and Sale Agreement.doc acknowledged by Seller so as to convey to Buyer good and marketable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title, other than the Permitted Exceptions. 10.2 Mechanic's l.ien Affidavit. A mechanic's lien affidavit in the customary form, attesting that (a) no individual, entity or Governmental Authority has any claim against the Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental Authority is either in possession of the Property or has a promissory interest or claim in the Property (except Buyer), and (c) no improvements to the Property have been made for which payment has not been made. 10.3 Gap Affidavit. An affidavit in form and content reasonably satisfactory to the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the Title Commitment any matters appearing between the effective date' of the Title Commitment and the effective date of the Title Policy. 10.4 F1RPTA. A FIRPTA Non-Foreign Entity Transferor Certificate or Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of the Internal Revenue Code. 10.5 Form DR-219 as required for recording. 10.6 Form 1099-B. Such federal income tax reports respecting the sale of the ~PropertY as are required by the Internal Revenue Code. 10.7 Public Disclosure Affidavit. An Affidavit in accordance with the provisions of Section 286.23 Florida Statutes, ("Public Disclosure Act"). 11.0 Bnyer's Closing Documemq. At closing, Buyer shall deliver the following documents (Buyer's Closing Documents) to Seller; 11.1 City Commission Approval. A certified copy of the Resolutions, Minutes or Agenda Actions of the pertinent meeting of the City Commissioner showing that Buyer has been authorized to enter into and execute this Agreement and consumanate the transaction herein contemplated. 11.2. Closing Statement. A Closing Statement mutually acceptable to both Buyer and Seller. 12.0 Closing Procedure. The Closing shall proceed in the following manner: 12.1 Transfer of Funds. Buyer shall pay the Purchase Price to the Seller by S:\CA~Depattments\Community Redev\CDC~Rev 051404 CDC - Lot 2 Purchase a~d Sale Agreement. doc 6 wire transfer to the account of the Seller. 12.2 Delivery. of Documents. Seller shall deliver Seller's Closing Documents to the Buyer and Buyer shall then be obligated to transfer the sale proceeds to the Seller. 13.0 Closing Costs: Taxes: Prorations and Impact Fees. 13.1 Ad Valorem Taxes. If applicable, Seller shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. Buyer shall take no action prior to closing to impair or adversely affect the City's zoning classification of the Property for ad valorem tax purposes. 13.2 lquyer's Closing Costs. Buyer shall pay for the following items prior to or at the time of Closing: Lien searches, and cost for a title search/data; documentary stamps on the Deed; Recording of Deed; owner's title insurance premium; survey costs, and related expenses. 14.0 Possession. Buyer shall be granted full possession of the Property at Closing. 15.0 Condemnation. In the event of the institution of any proceedings by any Governmental Authority, other than the City of Boynton Beach, which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter within fifteen (15) days after receipt by Buyer of the notice from Seller either (1) terminate this Agreement, whereupon Seller and Buyer shall be released of all further responsibility and obligations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to furnish Buyer with written notice of a proposed condemnation within five (5) business days after Seller's receipt of notification. Should Buyer terminate this Agreement, the parties hereto shall be released from their respective obligations and liabilities hereunder. Should Buyer elect not to terminate, the parties hereto shall proceed to Closing and Seller shall assign all of its right, title and interest in all awards in connection with such taking to Buyer. 16.0 Notice,, Notices shall be in writing delivered by hand, or by certified mail, return receipt requested, or overnight delivery by nationally recognized service, to the addressee at the address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by facsimile transfer, by confirmation of transmission. Either party may change the address for notice S:\CAkDepartments\Community Redev\CDC~ev 051404 CDC - Lot 2 Purchase and Sale Agreement.doc to that party by delivering written notice of such change in the manner provided above, such change to be effective not sooner than ten (10) days after the date of notice of change. If either party relies upon a hand delivery as described herein, then the party using this medium shall maintain an appropriate receipt of delivery, in the normal course of business. BUYER: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 With a copy to: James A. Cherof, City Attomey Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 SE! J ~ER: Benjie Sperling P.O. Box 7058 Hollywood, FL 33081 With a copy to: Steven L. Jones, Esq. 9999 N.E. 2na Avenue, Suite 216 Miami Shores, FL 33138 17.0 A.q.qignment. The Agreement shall not be assignable by either party. 18.0 Defmflt. If the Buyer shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this Agreement, all monies on deposit and interest earned on the deposit shall be forfeited to Seller as agreed upon liquidated damages, and Buyer shall have no other responsibility or liability of any kind to Seller by virtue of such default. In the event of a default by Seller, the Buyer shall have all remedies available to it which shall include the return of the earnest money and accrued interest as liquidated damages and/or equitable relief such as specific performance. The Buyer should be entitled to equitable relief to enforce the terms and conditions of this agreement either through a decree for specific performance or injunctive relief. 19.0 Misceglanea:~s. 19.1 Counterparts. This Agreement may be executed in any number of counterparts, any one and all of which shall constitute the contract of the parties. The paragraph headings herein contained are for the purposes of identification only and shalI not be considered in construing this Agreement. S:\CA~Departments\Community Redev\CDC~Rev 051404 CDC - Lot 2 Purchase and Sale Agreement.doc 8 19.2 Amendment. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by both Seller and Buyer. 19.3 Attorneys' Fees. In the event of any litigation arising out of this Agreement, parties agree to bear their own attorneys fees and costs. 19.4 Governing l.aw. This Agreement shall be interpreted in accordance with the laws of the State of Florida, and venue for any action shall be filed in the appropriate court located in Palm Beach County, Florida. 19.5 Entire A~eement. This Agreement set forth the entire agreement between Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 19.6 Computation of Dates. If any date computed in the manner herein set forth falls on a legal holiday or non-business day or non-banking day, then such date shall be extended tot he first business day following said legal holiday or non-business day or non-banking day. 19.7 Time is of the Essence. Time is of the essence and failure of the Buyer to exercise the option granted hereby on or before the Option Acceptance Date shall cause this Agreement to terminate and be of no further force or effect. The provisions herein contained shall be strictly construed for the reason that both parties intend that ail time periods provided for in this Agreement shall be strictly adhered to. 19.8 No Recording. This Agreement or any notice or memorandum hereof may not be recorded in the public records of any county in the State of Florida. 19.9 No Brokers. Seller and Buyer each represent to the other that it has not dealt with any broker, salesperson or agent in connection with the execution and delivery of this Agreement, and the other party shall not be required to pay any commission whatsoever with respect to this Agreement resulting from the actions of the party making such representations. Seller and Buyer each indemnify and hold each other harmless from and against any and all losses, costs, damages, liabilities and expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting from a breach by the indemnifying party of the foregoing representation. 19.10 Acceptance of Deed. The acceptance of the Deed by Buyer shall be deemed full performance and discharge of every agreement and obligation on the part of Seller to be performed pursuant to this Agreement, except those which are specifically stated to survive delivery of the Deeds and closing. 19.11 Interpretation. Should any term or provision of this Agreement be subject to judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing the S:\CAkDepartments\Commanity Redev\CDC~ev 051404 CDC - Lot 2 Purchase and Sale Agreement_doc 9 same shall not apply a presumption that the term or provision shall be more strictly construed against the party who itself or through its agents and attorneys of each party have participated in the preparation of the terms and provisions of this Agreement and that all terms and provisions have been negotiated. 19.12 Caption.q; Headings; Etc_ Captions, headings, section and subsection numbers in this Agreement are for convenience and reference only, and shall have no effect upon the meaning of any of the terms or provision herein. 19.13 Waiver. Failure of either party to insist upon compliance with any term or provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this Agreement shall be effective unless it is in writing and signed by the party against whom it is asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the specific term or provision and instance to which it is related, and shall not be deemed to be a continuing or future waiver as to such term or provision or as to any other term or provision. 19.14 No Third Party Beneficial. The terms and provisions of this Agreement are for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and this Agreement shall be deemed to have conferred any rights, express or implied, upon any third party. 19.15 RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 19.6 Right of Entry. Seller hereby grants to Buyer the right to enter upon the Property during the term of this Agreement to inspect, investigate and conduct tests and environmental audits on the Property and take whatever action Buyer deems necessary or desirable to determine the Property's suitability for Buyer's intended use. Buyer shall restore the Property to the condition existing prior to Buyer conducting any tests on the Property pursuant to this Paragraph. Buyer shall, to the extent permitted by law, hold Seller harmless for any damage resulting from the failure of Buyer or the agents, contractors, employees and representatives of Buyer to exercise reasonable care in the conduct of such tests, inspectionS or examinations or, in the alternative, provide to Seller a Certificate of Insurance reflecting that the Buyer shall insure Seller to protect it from any liability arising from the testing and investigation of the Property. Buyer agrees to give Seller reasonable telephone notice and an opportunity to accompany Buyer or its agents when conducting reviews, inspections, or tests, as well as the contents of any documents or studies conducted by Seller and provided to Buyer pursuant to this Agreement, except as may be necessary in order to effectuate the closing of this transaction or upon lawful order of a governmental authority. Buyer agrees to provide, if requested, to Seller copies of all inspection reports, studies and test results. Any and all costs associated with the reproduction of these repons, S:\CA~Departments\Community RedevXCDC~ev 051404 CDC - Lot 2 Purchase and Sale Agreement.doc 10 studies and test results shall be borne by Seller. Buyer shall timely pay for and hold Seller harmless from liability for all tests, services, inspections, audits and examinations performed on Buyer's behalf under this Paragraph so that the Property does not become subject to any liens. Buyer has no authority or fight to create liens upon the Property. If such a lien occurs, Buyer shall remove same by a statutorily permitted bond or otherwise within five (5) days of Notice from Seller. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below. SEI J.ER WITNESSES: /r~ ~ (~~ Date Executed: '-'fi- ~5~' ° ~t ~nt N~e) B~R: C~Y OF BORON BEACH, A ~O~A ~C~ CO~. A~ST: BY: Kurt Bressner, City Manager City Clerk Date Executed S:\CAXDepartments\Community Redev\CDC~ev 05140~ CDC - Lot 2 Purchase and Sale Agreement.doc 11 EXHIBIT "A" I.EGAI. DESCRIPTION ROI .I .lNG GREEN RIDGE 1 st ADDmON, Lot 2, Block 27 (Less NLY 27 ft for 1-95 R/W) PCN: 0843-45-16-01-027-0020 S:\CA~Depattments\Community Redev~CDCkRev 051404 CDC - Lot 2 Purchase and Sale Agreement.doc 12 Palm Beach County Property Appraiser Property Searc5 System .age Gary R. Ntkotits, CFA Palm Beach County Property Appraiser Public Access System - Property Information Location Address: NW 22ND AVE Municipality: CITY OF BOYNTON BEACH Parcel Control Number: 08-43-45-16-01-027-0020 Subdivision: ROLLING GREEN RIDGE 1ST ADD IN PB 24 PGS Official Records Book: 14695 Page: 1860 Sale Date: Jan-2003 ROLLING GREEN RIDGE tST ADD LOT 2 BLK 27 (LESS NLY 27 FT FOR Legal Description: 1-95 R/W) - Owner Information Name: SPERLING BENJIE Mailing Address: PO BOX 7058 HOLLYWOOD FL 33081 --2003 Certified Appraisal Improvement Value: $0 Number of Units: iS~uctura:i-~- Land Value: $12,000 * Total Sq. Ft: 0 [ Extra... Market Value: $12,000 Acres: .00 [' 'Land..~ Use Code: 8900 Description: MUNICIPAL · in residential properties may indicate living area. -2003 Certified Tax Ad Valorem: $286.79 / ~ax'~ial~rl I Non ad valorem: $0.00 Total: $286.79 [ 'i)~ii~:2 2003 Certified Assessed & Taxable Values Assessed Value: $12,000 Exemption amount: $0 (2003 Exemption) Taxable: $12,000 Exemption Information Unavailable. -Sales Information _.Sales Date ._B_o__o_k Pag~ P~ri.c_e. !n__s...t_r_u_~me_.r!t_ O~w_n_.e__r Jan-2003 14695 1860 $2,030 TD SPERLING BENJIE Jul- 1995 08865 0087 $100 QC Nov- 1986 05086 0421 $5,000 QC Mar-1983 04074 1907 $5,000 WD Print Information 'l I Home I .L.~ack I I Search [ I Search Result I ~ z~'-N/..p_l_e._a_~e_ s~e_nd u~our feedback Copyright © 2002 by Palm Beach County Property Appraiser ttp://www.co.palm-beach.fl.us/papa/main/detail_info.asp?p_entity=08434516010270020 6/4/2004 Page 1 of 1 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Property Mapping System [-Parcel Control Number -;AT [}¥A:¥' g !- '~D I1°84345m01027~ I~ Heg. 744343221 ~0800105 - Strut Inters~tion I I~ , F By City ~~-~ i I"~r Range, TownshiP,T ~s~Secti°n Legend Palm Beach County Property Map Map Scale 1:669 [~---~ ParCd Bomd8~ I--~-~-I Lo~ nurd)ef Copyright Palm Beach County 2003 All Rights Reserved - Subject to a License Agreement. Map produced on 6/4/2004 from PAPA ttp://gisweb~c~~pa~m-beach~f~~us/papagis/presentati~n/mapping/printnew.asp ?MAPURL=http://gjsweb.c~ .... 6/~